Anaconda Desktop Beta Agreement

This Anaconda Desktop Beta Agreement (“Agreement”) is between Anaconda, Inc. (“Anaconda”) and the individual identified at acceptance below (“Participant”). This Agreement supplements and is governed by Anaconda’s Terms of Service at anaconda.com/legal/terms/terms-of-service (“Terms”). Capitalized terms not defined here have the meanings in the Terms. This Agreement is effective upon Participant’s clickthrough acceptance.

A “Beta Offering” means the Anaconda product, feature, or functionality described in Exhibit A to this Agreement, Anaconda Desktop, made available on a pre-release or evaluation basis. Anaconda will identify the Beta Offering by labeling it “Beta,” or a similar designation within the Platform or in documentation.

1. Your Obligations

What you agree to do when using the Beta Offering.

You agree to: (a) use the Beta Offering lawfully and per the Terms and Anaconda’s Acceptable Use Policy; (b) not use it in production or mission-critical environments; (c) provide Anaconda with reasonable information about your use of the Beta Offering upon request, including bug reports and general usage feedback through the channel identified in Exhibit A; and (d) comply with any confidentiality obligations that apply under Section 2.

2. Confidentiality

The Beta Offering may or may not be confidential. Exhibit A will tell you which.

If designated as confidential in Exhibit A, the Beta Offering and any non-public features, functionality, or related information (“Beta Confidential Information”) are subject to the following: Participant agrees to keep Beta Confidential Information strictly confidential, use it solely to evaluate the Beta Offering, and not disclose it to any third party without Anaconda’s prior written consent. Participant must report suspected security vulnerabilities confidentially through the channel identified in Exhibit A before any public disclosure. This obligation survives expiration of this Agreement for one (1) year. Standard exceptions under Section 17 of the Terms apply.

If confidentiality is not designated in Exhibit A, no confidentiality obligation applies to the Beta Offering. However, if Participant intends to publicly disclose or discuss any suspected security vulnerability or bug in the Beta Offering, Participant must first report it directly to Anaconda through the channel identified in Exhibit A at least forty-eight (48) hours prior to such disclosure.

3. As-Is; No Support

The Beta Offering comes with no guarantees, no support, and no SLAs.

ALL BETA OFFERINGS ARE PROVIDED “AS IS” AND “AS AVAILABLE” FOR EVALUATION PURPOSES ONLY. ANACONDA MAKES NO WARRANTIES OF ANY KIND. THERE IS NO SUPPORT, NO SLA, NO UPTIME COMMITMENT, AND NO SERVICE CREDITS. ANACONDA DOES NOT REPRESENT THAT THE BETA OFFERING WILL EVER BE MADE COMMERCIALLY AVAILABLE. YOU USE THE BETA OFFERING AT YOUR OWN RISK, AND YOU ARE SOLELY RESPONSIBLE FOR ANY DATA YOU SUBMIT. ANACONDA HAS NO OBLIGATION TO STORE, MAINTAIN, MIGRATE, OR RETURN ANY DATA YOU SUBMIT TO THE BETA OFFERING, AND WILL NOT PROVIDE DATA PORTABILITY OR TRANSFER UPON TERMINATION OR DISCONTINUATION OF THE BETA OFFERING. ANACONDA MAY MODIFY, SUSPEND, OR DISCONTINUE THE BETA OFFERING AT ANY TIME WITHOUT LIABILITY.

4. Liability

Anaconda’s liability for the Beta Offering is limited.

Anaconda’s liability is limited as set forth in Section 19 of the Terms. For Beta Offerings provided at no charge, Anaconda’s aggregate liability shall not exceed USD $100. Where Exhibit A specifies fees, the liability cap in Section 19 of the Terms applies.

5. Term & Termination

This Agreement continues until ended. Anaconda can end your access at any time.

This Agreement remains in effect until terminated by either party on written notice, or upon expiration of the Beta Period set forth in Exhibit A. Anaconda may terminate or suspend your access to the Beta Offering or this Agreement at any time, for any reason, with or without notice. Upon termination, you must cease use and destroy any applicable Beta Confidential Information. Sections 2, 3, 4, and 7 survive termination.

6. Fees

The Beta Offering is free during the Beta Period unless Exhibit A says otherwise.

Unless Exhibit A specifies otherwise, the Beta Offering is provided at no charge during the Beta Period. This does not grant free access to any underlying products or dependencies that otherwise require a paid license.

7. Eligibility

Who can participate.

This Agreement is open to users accessing the Anaconda Platform under the Terms. By accepting, you confirm that: (a) you are currently using the Platform under the Terms; (b) you qualify for free use under Section 1(a) of the Terms, or hold a valid paid Subscription; (c) you are not using the Beta Offering as a substitute for a paid license you would otherwise be required to obtain; and (d) if scope-limited per Exhibit A, you meet the geographic, organizational, or other eligibility criteria specified therein. Anaconda may verify eligibility and revoke access at any time.

8. Feedback & IP

Anaconda owns its platform. You own your content. Feedback you choose to share belongs to Anaconda.

Anaconda retains all rights to the Beta Offering. You retain ownership of Your Content. Any Feedback you voluntarily provide is licensed to Anaconda as set forth in Section 16(c) of the Terms. You have no obligation to provide Feedback beyond what is specified in Section 1(c) above.

Acceptance

By clicking on the “agree” (or similar button or checkbox) that is presented to you before using, downloading, installing or accessing the Beta Offering, you confirm you are bound by these Terms.

Exhibit A — Anaconda Desktop Beta Offering Details

This Exhibit A is part of and incorporated into the Anaconda Desktop Beta Agreement. The terms of the Agreement apply to the Beta Offering described below.