BETA TRIAL PARTICIPATION AGREEMENT

PLEASE CAREFULLY READ THIS BETA TRIAL AGREEMENT (the “Agreement”). PRESSING “I AGREE” AT THE END OF THIS AGREEMENT CONSTITUTES YOUR ACCEPTANCE OF ALL TERMS AND CONDITIONS OF A LEGALLY BINDING AGREEMENT. IF YOU DO NOT ACCEPT ANY PART OF THIS AGREEMENT, DO NOT PRESS “I AGREE” AND YOU WILL NOT BE PERMITTED TO JOIN THE BETA TRIAL. BY PARTICIPATING IN THE PROGRAM YOU ALSO CONSENT TO THE COLLECTION OF DATA AS DESCRIBED IN SECTION 3.4 BELOW.

Cisco’s Beta Trial provides an opportunity to install, use and provide Cisco with feedback regarding Cisco Products prior to formal release. This Beta Trial Agreement (“Agreement”) sets forth terms and conditions applicable to participation in the program, and is made and entered into by and between Cisco Systems, Inc., a California corporation, having its principal place of business at 170 W. Tasman Dr., San Jose, CA 95134-1706 (“Cisco”) and the person executing this Agreement (“User” or “You”). Your participation in Cisco’s Beta Trial is subject to and conditioned upon Your agreement to and continued acceptance of the terms and conditions of the Cisco Site Terms and Conditions (“CSTC”), available here: http://www.cisco.com/web/siteassets/legal/terms_condition.html.

1.0 DEFINITIONS.

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1.1 “Confidential Information” has the meaning provided in Section 9.0 below.

1.2 “Data” means any information collected by Cisco from or in connection with User’s use of a Product.

1.3 "Documentation" means such supporting written materials as Cisco may in its discretion provide to User in connection with the use of a Product.

1.4 “Feedback” has the meaning provided in Section 2.2 below.

1.5 "Pre-alpha Test Period" means a period of time determined by Cisco during which pre-alpha testing of and adjustments to Product is undertaken and the Product is made available to User under the Beta Trial.

1.5 "Product" means the Cisco product(s) - including Software, Services, and Documentation, if any, provided to User through the Beta Trial.

1.6 “Service” means any internet-based or hosted service provided by Cisco to User through the Beta Trial.

1.7 "Software" means any computer programs provided by Cisco to User through the Beta Trial.

2.0 OBLIGATIONS OF USER.

2.1 Testing; Products and Services. During the Pre-alpha Test Period, User agrees to use one or more Product(s) subject to the terms and conditions of this Agreement. User shall be responsible for obtaining and maintaining any operating system software or other software programs, equipment, licenses, services, subscriptions or any other pre-requisites as may be necessary to utilize Products. Products may function with services made available outside of the Beta Trial; use of such services will be governed by the terms and applicable conditions for such services.

2.2 Feedback; Reporting. Access to Products and related Surveys may be conditioned upon completion of questionnaires and surveys. User agrees to provide comments, suggestions, modifications, improvements or any other information or materials in connection with Products (collectively “Feedback”). User grants to Cisco (including its sublicensees and assigns) a worldwide, perpetual, irrevocable, royalty-free and fully-paid, transferable (including rights to sublicense) right, under all of User’s intellectual property rights (including without limitation copyright, publicity, and moral rights), to use, display, copy, edit, implement, create derivative works, market, sell, import, distribute (including through resellers or multiple tiers of distribution) such Feedback. Cisco may sublicense Feedback to third parties for any purpose and make use Feedback in its sole discretion. By submitting Feedback, User warrants and represents that User has all necessary rights to provide such Feedback to Cisco under these terms and conditions. Subject to Section 3.4, Cisco shall also have a non- exclusive, irrevocable worldwide, perpetual, royalty-free license under all of User’s intellectual property rights to use and disclose, in any manner that Cisco considers appropriate, information that Cisco learns in evaluating Data, for any purpose whatsoever, including, without limitation, for purposes of enhancing, developing, marketing, and/or promoting Cisco products and services, including without limitations the Products.

2.3 Modifications. User agrees to promptly implement any updates, modifications and/or changes to Products as requested by Cisco. Updates, modifications and changes may be incompatible with previous modifications and could include substantial changes to Products and their operation. User shall not alter or modify the Products except at Cisco’s request or with Cisco’s authorization..

2.4 Access. During the Pre-alpha Test Period, User will grant Cisco such access to Product(s) as Cisco may reasonably request.

2.5 No Payments. User acknowledges and agrees that except for the opportunity to install and use Products during the Pre-alpha Test Period, no monetary payments or other form of consideration will be provided in connection with this Agreement, or the use of Feedback or Data.

3.0 OBLIGATIONS OF CISCO.

3.1 Delivery. Cisco will deliver the Software and Documentation to User via any method(s) it deems as appropriate in its sole discretion, which method(s) may change at any time, including without limitation via download from an internet URL designated by Cisco. Access to any Services shall be made available from an internet URL designated by Cisco, and may be subject to additional terms and conditions.

3.2 Technical Assistance. Cisco will not provide User any technical assistance with the Product. Support for any Product will be available only through the Cisco Community internet website located at https://communities.cisco.com/community/technology/collaboration/usergroups/collaboration.

3.3 No Obligation to Provide Products. The parties anticipate that multiple Products may be tested by User from time to time under this Agreement; provided however, that Cisco is under no obligation to make any Product(s) available to User for Pre-alpha Testing.

3.4 Data; Privacy. User understands that Cisco has developed the Beta Trial for the purposes of obtaining Feedback and learning how its current and future customers interact with and find utility from Cisco products and services. Products may include Problem Reporting Tool (PRT) functionality that can gather logs from your PC that may contain phone numbers, contacts and other information that could be used to personally identify you or others; usage patterns; length of a voice or video calls; and features used. This information is gathered for use by Cisco in diagnosis of causes of technical issues and to improve Products. Data gathered may be transferred across borders, including to the U.S., and stored temporarily as part of the diagnostic process. Products included in the beta are pre-release, and may not provide additional notification to Users (e.g. by pop-up or otherwise) of providing logs to Cisco before information is sent. You also agree that Cisco may contact You via phone, internet survey or email for purposes related to Beta Trial and your use of the Product(s). Cisco’s Online Privacy Policy is available here: http://www.cisco.com/web/siteassets/legal/privacy.html.

4.0 DISCLAIMER OF WARRANTY.

USER UNDERSTANDS AND ACKNOWLEDGES THAT ANY SOFTWARE OR SERVICE MAY NOT BE IN FINAL FORM OR FULLY FUNCTIONAL, MAY CONTAIN ERRORS, DESIGN FLAWS, OR OTHER PROBLEMS, AND MAY RESULT IN UNPREDICTABLE PERFORMANCE, INCLUDING LOSS OF DATA OR OTHER DAMAGE. IN VIEW OF THE DEVELOPMENTAL NATURE OF SOFTWARE AND SERVICES, CISCO MAKES NO WARRANTIES WHATSOEVER AS TO THE OPERATIONAL PERFORMANCE OR COMPATIBILITY WITH OTHER SOFTWARE PRODUCTS OR SERVICES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE THAT PRODUCTS, MODIFICATIONS AND IMPROVEMENTS THERETO, AND CONFIDENTIAL INFORMATION SHARED WITH YOU ARE PROVIDED "AS IS.” TO THE EXTENT NOT PROHIBITED BY APPLICABLE LAW, CISCO SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE, OR ARISING FROM A COURSE OF DEALING, USAGE OR TRADE PRACTICE OR OTHERWISE.

5.0 OWNERSHIP; SOFTWARE LICENSE; SERVICES TERMS.

5.1 Ownership. User acknowledges that all Products are made available to User for Pre-alpha Testing and that Cisco and Cisco’s suppliers retain ownership of all right, title and interest to the Product, the Product design and Documentation, and the intellectual property rights therein and thereto (including without limitation, all patent rights, design rights, copyrights and trade secret rights).

5.2 Software License; Services Terms. Except as otherwise provided at download or installation of Software or in accessing of Services: (i) Products are provided subject to Cisco’s End User License Agreement (EULA) available at http://www.cisco.com/go/eula and (ii) Services are provided under the following terms: http://www.webex.com/terms-of-service.html.. Products are provided solely for User’s internal purpose of testing and evaluation. No other license to any existing or future Cisco intellectual property right is either granted or implied. Certain Product components may also be subject to Open Source licenses as described in Product documentation or an accompanying readme.txt or other documentation file or link accompanying Product or referenced at installation or registration.

5.3 Restricted Rights. For U.S. Government Users: This Software and Software Documentation, when delivered under a contract with a Department of Defense entity, is commercial computer software and commercial computer software documentation and is provided with the commercial rights and restrictions described herein for non-governmental customers. Any Software (including documentation thereof), when delivered under a contract with other U.S. Government entities, may be "RESTRICTED RIGHTS SOFTWARE" pursuant to FAR 52.227-14(g)(3) (Jun 1987)or "RESTRICTED COMPUTER SOFTWARE" subject to the restrictions set forth in FAR 52.227-19(c) (Jun 1987), which are incorporated herein by reference. Use, reproduction, or disclosure may be subject to restrictions.

6.0 TERM AND TERMINATION.

This Agreement shall continue until terminated in accordance with the provisions herein. Cisco may terminate this Agreement and the Cisco Beta Trial, at any time, in its sole discretion, for any reason or no reason at all, without notice to User. In addition, Cisco may at any time terminate User’s (i) license to use Software and Documentation, (ii) access to any online community spaces managed by Cisco, and (iii) access to any Services. This Agreement will terminate immediately in the event of User’s breach of Section 5 (Ownership and Software License), or Section 9 (Confidential Information). Upon termination of this Agreement, User shall immediately cease use of Product(s) and shall, at its expense, return to Cisco or, at Cisco's discretion, destroy all Confidential Information, Documentation, and Software (including all copies thereof) then in User's possession or custody or control, and certify in writing as to such action. The provisions of 2.5 (No Payments), 3.4 (Data; Privacy), 4.0 (Disclaimer of Warranty), 5.0 (Ownership, Software License, Service Terms), 6.0 (Term and Termination), 7.0 (Limitation of Liability), 8.0 (Confidentiality) and 9.0 (General) shall survive the termination of this Agreement.

7.0 LIMITATION OF LIABILITY.

IN NO EVENT SHALL CISCO OR ITS SUPPLIERS BE LIABLE FOR ANY PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES, LOST PROFITS OR LOST DATA, OR ANY OTHER INDIRECT DAMAGES EVEN IF CISCO HAS BEEN INFORMED OF THE POSSIBILITY THEREOF, WHETHER ARISING IN TORT (INCLUDING NEGLIGENCE), CONTRACT OR ANY OTHER LEGAL THEORY, EVEN IF CISCO OR ITS SUPPLIERS HAD BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING ELSE HEREIN, THE CUMULATIVE LIABILITY AND USER’S EXCLUSIVE REMEDY FOR ANY CLAIMS ARISING OUT OF OR RELATED TO THIS AGREEMENT SHALL BE LIMITED TO THE AMOUNT ACTUALLY PAID, IF ANY, FOR PRODUCTS PROVIDED HEREUNDER OR ONE DOLLAR ($1.00). THIS LIMITATION IS CUMULATIVE AND NOT PER INCIDENT (I.E., THE EXISTENCE OF TWO OR MORE CLAIMS WILL NOT ENLARGE THIS LIMIT).

8.0 CONFIDENTIAL INFORMATION.

User acknowledges that Products offered hereunder, to the extent not offered by Cisco publicly, constitute Confidential Information. “Confidential Information” includes the terms and conditions of this Agreement and other Cisco information marked as "Confidential," "Proprietary" or a similar legend, or identified as confidential or proprietary at the time of oral disclosure. Cisco product roadmaps, product development plans, pre-release products or product information, sales and marketing plans, and questionnaires and surveys, constitute Confidential Information whether or not designated as confidential or proprietary. User may only use Confidential Information in connection with evaluation of Products and providing Feedback to Cisco under this Agreement and agrees not disclose the Confidential Information to any third party. User’s obligations concerning confidentiality shall survive termination of the Agreement and continue for five (5) years following receipt of the Confidential Information. Confidentiality Information does not include information (i) known to User without any obligation of confidentiality prior to receipt; or (ii) that is, or subsequently becomes, publicly available without breach of this Agreement. Confidential Information may be disclosed pursuant to a valid order issued by a court or government agency, provided that prior to any disclosure by User, User provides to Cisco: (a) prior written notice of such obligation; and (b) a reasonable opportunity to oppose such disclosure or obtain a protective order. Cisco retains all right, title and interest to the Confidential Information. . Upon written request by Cisco, User shall: (i) cease using the Confidential Information, (ii) return the Confidential Information and all copies, notes or extracts thereof to Cisco within seven (7) days of receipt of demand; and (iii) certify in writing that User has complied with the obligations set forth in this paragraph. No information You consider confidential should be provided as Feedback or otherwise posted on the Beta Trial site. By posting you agree to be solely responsible for the content of all information you contribute, link to, or otherwise upload and release Cisco from any liability related to Your use of the Beta Trial.

9.0 GENERAL.

9.1 The validity, interpretation, and performance of this Agreement shall be controlled by and construed under the laws of the State of California, United States of America, as of performed wholly within the state and without giving effect to the principles of conflict of law. The parties specifically disclaim the UN Convention on Contracts for the International Sale of Goods.

9.2 User shall not assign, in any manner, its right, obligation or interest in or under this Agreement without the prior written consent of Cisco. Cisco may assign this Agreement as it determines in its sole discretion.

9.3 NOTICE OF STRONG ENCRYPTION CONTENT. Products may contain cryptographic features and is subject to United States and local country laws governing import, export, transfer and use. Delivery of Cisco Products with cryptographic capability does not imply authority to import, export, distribute or use encryption. Users are responsible for compliance with U.S. and local country laws, and agree to comply with applicable laws and regulations in the use of Products. A summary of U.S. laws governing Cisco cryptographic products may be found at: http://www.cisco.com/wwl/export/crypto/tool/stqrg.html. If you require further assistance concerning the exporting of these products, you may contact us by email at export@cisco.com.

9.4 In the event of a breach, the breaching party will pay to the other party any reasonable attorneys' fees and other costs and expenses incurred by such other party in connection with the enforcement of any provisions of this Agreement.

9.5 Notices. Notices to User may be delivered to the email address in User’s Beta Trial registration profile. Notices to Cisco hereunder must be sent via certified mail, return receipt requested or by a commercial express courier specifying next day delivery (or two days for international notice), addressed as follows: General Counsel, Cisco Systems, Inc., 170 West Tasman Drive, San Jose, CA 95134 (regarding CMBU Beta Trial).

9.6 IMPORTANT NOTICE REGARDING EMERGENCY DIALING. Certain Products may include IPphone or softphone technologies that enable voice connections. Softphone technology may not provide the most timely or accurate location data if used for an emergency (e.g. 911, 999 or 112) call. Such calls may be misdirected to the wrong emergency response center, or the emergency response center may make errors when determining your location. USE A SOFTPHONE ONLY AT YOUR OWN RISK DURING AN EMERGENCY. Cisco will not be liable for resulting errors or delays.

9.7 Entire Agreement. This Agreement, the Cisco Site Terms and Conditions (CSTC), and Software license and any Services terms constitute the entire agreement between the parties hereto concerning the subject matter of this Agreement and supersede any prior oral or written communications between the parties. In the event of any conflict or inconsistency between the terms of this Agreement, the CSTC and other referenced terms and conditions, this Agreement controls. There are no conditions, understandings, agreements, representations, or warranties, expressed or implied, which are not specified herein. Cisco may revise the terms of this Agreement and participation in the Beta Trial from time to time. The most current version of this Agreement will always be at https://communities.cisco.com/docs/DOC-34614. If a revision, in our sole discretion, is material we will notify you via an e-mail to the email address in User’s Beta Trial registration profile. By continuing to access or use the Product after those revisions become effective, you agree to be bound by the revised terms. This Agreement shall bind and inure to the benefit of the successors and permitted assigns of the parties.