You agree on behalf of your company (“you” or “your”) to comply with the following terms to be a Hangouts new meetings experience Early Adopter Program (“Program”) participant. The Hangouts new meetings experience is an alternative video conferencing solution which your End Users may use, included in the Hangouts service. For the purposes of this agreement, terms not defined herein will have the meanings given to them in your Google Workspace for Work or Google Workspace for Education Agreement (“Google Workspace Agreement”).

• 1. Participation.

• (a) Google may give you access to certain products, features and services, which are in different stages of development. Those products, features and services may not always perform as specified and Google makes no service level commitments for them. You are responsible for protecting yourself, your property and data, and others from any risks caused by Google products, features and services.

• (b) Google may ask you to provide feedback. You are not required to provide feedback but if you do, it must only be from you, truthful, and accurate.

• (c) Google will not provide any compensation for your participation and your participation may be suspended at any time.

• (d) Each party represents and warrants that it has full power and authority to enter into the Agreement.

• (e) You are not eligible to participate in the Program if you do not have a valid Google Workspace Agreement.

• (f) Google may transfer, store and process Customer Data (as defined in the Google Workspace Agreement) in the United States or any other country in which Google and its sub-processors, including but not limited to other Google entities or Google’s third party suppliers, maintain facilities.

• (g) Google may modify the services and features included in the Hangouts new meetings experience at any time. Additionally, the publicly-launched version of Hangouts new meetings experience may not include all services and features that are provided during the Program. Google will aim to provide advance notice to you before any service is removed from the Hangouts new meetings experience.

• (h) The Hangouts new meetings experience includes services that have an End User interface (“End User Services”) and services that enable the End User Services to run (“Backend Services”). Once the Hangouts new meetings experience has been enabled for your domain, Google will add any new End User Services to the Admin Console. You can use the on/off setting to enable or disable access to an End User Service for any or all of your End Users. Backend Services that are required for the operation of the Hangouts new meetings experience will remain on for the duration of your participation in the Program.

• 2. Intellectual Property Rights.

• (a) Google Products and Services. You may use the Hangouts new meetings experience to evaluate it. Google retains title, ownership and all other rights to the Hangouts new meetings experience, any Google products and services, and anything else that Google makes available to you.

• (b) Software Developed by You: You may also use the Google products and services provided to you to develop software that interacts with the Google products and services. Any software you develop may not violate applicable laws, Google’s or any third party rights, or any Google policies we notify to you. You retain title, ownership and all rights to any software you develop. However, Google will have the unlimited right to post the materials you submit to Google on Google’s websites.

• (c) Feedback. You agree to provide feedback to Google, which shall include but not be limited to survey responses, bug reports, and feature requests. You hereby assign to Google all right, title and interest in and to any feedback you submit under this agreement or, if such assignment is not enforceable for any reason, then you agree to do one of the following (including performing such acts as may reasonably be required to do so), at Google’s request: (i) transfer or assign to Google all of your rights regarding such feedback to Google; (ii) grant Google a perpetual, exclusive, irrevocable, worldwide, royalty-free license to use such feedback; or (iii) grant Google any other reasonable rights as requested by Google. You understand that Google will not provide any compensation for your provision of feedback or participation in the Program.

• 3. No Support Commitments or SLA.

• Once you have enabled the Hangouts new meetings experience for your organization, you agree that any support commitments in the TSS Guidelines and the SLA do not apply to your use of the Hangouts new meetings experience or participation in the Program, and that Google will not provide Service Credits in the event of Downtime of the Hangouts new meetings experience. The TSS Guidelines and SLA will continue to apply to the Hangouts chat product currently provided to you pursuant to the Agreement.

• 4. Confidentiality.

• (a) Any information that Google provides under this agreement, as well as your feedback and other submissions, is confidential. As an exception, information that you knew before receiving it from Google, public information, or information that was lawfully disclosed to you is not confidential. You must immediately tell Google if you are legally required to disclose confidential information.

• (b) You must keep all of Google’s confidential information secret and use it only to evaluate Google products and services.

• 5. Term.

• This agreement is effective when you click “Submit” or “I Accept” (as applicable), and remains in force until either party gives written termination notice, which shall be effective immediately unless stated otherwise. Upon termination, you will provide to Google, or, at Google’s sole discretion, promptly destroy and delete all submissions and confidential information, and, if requested by Google, certify in writing compliance with this Section 4. Google shall remove you from the program and any related mailing lists within thirty (30) days of receiving your termination notice. Sections 1(h), 2(b), 2(c) and 4 through 10 survive any termination of this agreement.

• 6. Warranty Disclaimer.

• GOOGLE PROVIDES ALL GOOGLE PRODUCTS AND OTHER ITEMS AND INFORMATION HEREUNDER “AS IS” WITHOUT ANY EXPRESS WARRANTIES OR REPRESENTATIONS OF ANY KIND. GOOGLE DISCLAIMS ALL IMPLIED WARRANTIES AND REPRESENTATION, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON- INFRINGEMENT. YOUR SOLE AND EXCLUSIVE REMEDY IN CASE OF ANY DISSATISFACTION IS TERMINATION IN ACCORDANCE WITH SECTION 4.

• 7. Limitation of Liability.

• IN NO EVENT SHALL GOOGLE HAVE ANY LIABILITY FOR ANY INCIDENTAL, SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES, LOSS OF PROFITS, REVENUE, OR DATA, OR COST OF COVER. GOOGLE’S LIABILITY FOR ANY CLAIM ARISING OUT OF OR IN CONNECTION WITH THE PROGRAM OR HARM CAUSED BY ANY GOOGLE PRODUCT SHALL NOT EXCEED THE MONETARY VALUE OF ANY FEEDBACK PROVIDED BY YOU HEREUNDER, OR ONE HUNDRED U.S. DOLLARS (US$100), WHICHEVER IS LESS. THE LIMITATIONS OF LIABILITY IN THIS SECTION 6 SHALL APPLY TO ANY DAMAGES, HOWEVER CAUSED AND REGARDLESS OF THE THEORY OF LIABILITY, WHETHER DERIVED FROM CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, EVEN IF GOOGLE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND REGARDLESS OF WHETHER THE LIMITED REMEDIES AVAILABLE HEREUNDER FAIL OF THEIR ESSENTIAL PURPOSE. THE LIMITATIONS OF LIABILITY IN THIS SECTION 6 SHALL NOT APPLY, HOWEVER, WITH RESPECT TO ANY DAMAGES THAT GOOGLE INTENTIONALLY CAUSES TO YOU.

• 8. Indemnification.

• You will defend and indemnify Google and its affiliates, directors, officers and employees against all liabilities, damages, losses, costs, fees (including legal fees), and expenses relating to any allegation or third-party legal proceeding arising from your use of Google products or other activities under this agreement. Any settlement requiring Google to admit liability or to pay any money will require Google’s prior written consent, such consent not to be unreasonably withheld or delayed. Google may join in the defense with its own counsel at its own expense.

• 9. Governing Law.

• This agreement is governed by California law, excluding California’s choice of law rules. FOR ANY DISPUTE RELATING TO THIS AGREEMENT, THE PARTIES CONSENT TO PERSONAL JURISDICTION IN, AND THE EXCLUSIVE VENUE OF, THE COURTS IN SANTA CLARA COUNTY, CALIFORNIA, except that either party may seek injunctive relief in any court of competent jurisdiction worldwide.

• 10. Miscellaneous.

• The parties are independent contractors, and this agreement does not create an agency, partnership or joint venture. Your rights and obligations under this agreement are specific to you, and you cannot assign them to anyone else. Google may freely assign or delegate its rights and obligations under this agreement. This is the entire agreement between you and Google. Google can modify the agreement and notify you, and your continued participation in the program shall constitute your acceptance of the modified agreement. You may not modify this agreement without Google’s written consent. Failure to enforce any provision will not constitute a waiver. The English language version is legally binding and shall prevail in case of any inconsistencies with translated versions.

• Notice regarding Processing of Personal Data:

• Google may use and share personal information that you provide to operate the Program and exercise Google’s rights. Google’s Privacy Policy applies, as amended from time to time, available at https://www.google.com/privacy.html or on request.