This Trusted Tester Agreement (the "Agreement") is between Google LLC, with offices at 1600 Amphitheatre Parkway, Mountain View, California 94043, USA ("Google") and the entity or person accepting these terms ("you"). This Agreement is effective as of the date you click-accept it (the "Effective Date").

If you are accepting this Agreement on behalf of an entity or organization, then you represent and warrant that: (i) you have full legal authority to bind that entity or organization to this Agreement; (ii) you have read and understand this Agreement; (iii) you agree, on behalf of that entity or organization, to this Agreement; and (iv) the entity or organization is not a government agency or public university.

Testing Program

By accepting these Terms, you agree to participate in Google’s testing and development program(s) (each, a "Testing Program") to help Google improve its products for you and other Google users. This may include giving you access to certain pre-release products that are not yet suitable for use in a production environment, including but not limited to, the VideoFX generative AI video creation pre-release product, the ImageFX generative AI image creation pre-release features, the MusicFX generative AI music creation pre-release and their Output (each, a "Test Product"). If you choose to participate under these Terms, Google may contact you (including by email or phone) regarding the Testing Program. You will use one or more tools in the Test Product to create videos and images (collectively, "Output"). You may be selected to participate in a user interview, and you agree to participate in such an interview if selected. Google will not provide any compensation for your participation in the Testing Program. You must be18 years of age or olderto use the Test Product. You’ll comply with applicable law in using any generated content in the Testing Program.

Incorporated Terms

The Google Terms of Service at https://www.google.com/policies/terms/ and the Generative AI Additional Terms of Service at https://policies.google.com/terms/generative-ai are incorporated into this Agreement. To the extent any of those terms of service conflict with this Agreement, this Agreement will govern.

Test Product License

License Grant

Google grants you a non-exclusive, non-sublicenseable, non-transferable license to use the Test Products during the applicable Testing Program or the Agreement term (whichever ends earlier), subject to the terms of this Agreement, including the following conditions:

You must only use the Test Products internally and non-commercially, within the United States;

You must follow any applicable Testing Program instructions, policies, requirements, and other product documentation made available to you by Google;

You may use the Test Products only as permitted by law, including complying with all applicable export control and sanctions laws and regulations; and

You must comply with Section 4 (Confidentiality; Publicity).

Use Restrictions

You will not, and will not allow any third party to, use the Test Product(s) under any circumstances for any purpose other than as permitted under Section 3(A) (License Grant), including but not limited to:

(1) distribute any tools integrated with the Test Product;

(2) distribute or provide any third parties with access (directly or indirectly) to the Test Product (e.g., share prompt responses or Output, such as generated images, videos, music) or to any copies or screenshots thereof;

(3) use the Test Product in connection with any high-risk activities (including but not limited to, any prompts on political topics, violence, children, or pornography);

(4) use the Test product to develop products or services that compete with Google’s products and services;

(5) misuse or reverse engineer the Test Product in any way;

(6) as the Test Product includes safety features to block harmful content, you will not attempt to circumvent those safety features or generate or use content that violates this Agreement;

(7) use the Test Product to extract or replicate the underlying models (e.g., parameter weights); or

(8) publicize, share, or post about the Output, unless Google has explicitly agreed in advance and in writing relevant to each instance (email suffices).

Ownership

Google retains all right, title, and interest in the Test Products and anything else that Google makes available to you through the Testing Program.

Confidentiality; Publicity

"Google Confidential Information"means all information that Google discloses or makes available to you in connection with the Testing Program, including without limitation, the Test Product, the Test Product website, tools, documentation, Outputs, and any other materials or information provided by Google related to the Testing Program, that is marked as confidential or would normally be considered confidential under the circumstances. You will not disclose Google Confidential Information to any third party, except as allowed by the Generative AI Additional Terms (i.e., with Google’s prior written consent or as required by law). You will use Google Confidential Information only to participate in the Testing Program under this Agreement. Additionally, you may not make any public statement regarding this Agreement, the Test Product, or the Testing Program without Google’s prior written approval.

Promotional and Marketing Use. In the course of promoting, marketing, or demonstrating the Test Product, Google may produce and distribute incidental depictions, including screenshots, video, or other content from your interactions with the Test Product. You grant us all necessary rights for the above purposes.

Publicity. Except as provided in Section 4(B), neither party may make any public statement regarding this Agreement, including but not limited to, the Testing Program and Test Product(s), without the other’s advance written approval (email will suffice).

Feedback

In connection with the Testing Program(s), Google may ask you to provide feedback, such as suggestions to improve the Testing Program(s) or the Testing Product(s) ("Feedback"). If you provide Feedback, you give Google permission to contact you for the Feedback, and your Feedback must (A) be truthful; (B) originate only from you; and (C) not contain any third party’s confidential information. You grant Google a perpetual, irrevocable, non-exclusive, worldwide, sublicenseable, royalty-free, fully paid-up license to: (1) reproduce, distribute, create derivative works based on, publicly perform, publicly display, and otherwise use your Feedback; and (2) make, have made, import, use, have used, offer for sale, sell, lease, license, and otherwise exploit products and services (including combinations) that incorporate your Feedback. Do not enter in the Test Product any confidential information, or any data you do not intend Google to access or use to improve its products, including its machine-learning technologies.

Data Protection

Google may use and share personal information that you provide to operate the applicable Testing Program and exercise Google’s rights, subject to Google’s then-current AI Test Kitchen Privacy Policy at https://aitestkitchen.withgoogle.com/privacy (or such other URL as Google may provide)

Termination and Effects of Termination

This Agreement will automatically expire upon the conclusion of the Testing Program, and either party may terminate this Agreement earlier, upon email notice to the other’s primary contact, which is legal-notices@google.com for Google. Upon termination or expiration of this Agreement, (A) you must cease using the Test Product and must delete or destroy any copies of all Google Confidential Information in your possession, custody, or control; and (B) all provisions that under their terms or by implication ought to survive will survive.

Warranty Disclaimers

The Test Product is an experimental technology and may give inaccurate or inappropriate information that does not represent Google’s views. To the maximum extent permitted by law, (A) Google provides all Test Products and other items under this Agreement " as is" without any representations or warranties of any kind; (B) Google and its suppliers disclaim all express, implied, statutory, and other representations, warranties, conditions and guarantees, including any implied warranties of merchantability, fitness for a particular purpose, and non-infringement; and (C) your exclusive remedy under this Agreement is termination in accordance with Section 7.

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