Updated: October 28, 2020
The following Supplemental Terms apply only to the specific Lumen Edge Compute Services to which these terms relate. In the event of a conflict between the terms of these Supplemental Terms and the terms of the Hybrid Technologies Service Exhibit (formerly known as the CenturyLink TS Service Exhibit), the terms and conditions of these Supplemental Terms apply, but only to the extent of such conflict. Capitalized terms used in these Supplemental Terms but not defined here will have the meanings set forth in the Agreement.
Lumen may from time-to-time offer or make available certain features or applications noted as a pre-release version (each, a “Beta Service”). All Beta Services active and accessible are collectively known as the “Beta Program”. Customer’s participation in any Beta Services and the Beta Program is voluntary. Beta Services may be made available at no cost or subject to applicable fees. Given the pre-release nature of beta services, not all Beta Services may be documented in the current version of the Service Attachments.
The Service Level Agreement (“SLA”) generally applicable to Lumen Edge Compute Services (including Lumen Edge Compute) is not applicable to any Beta Services made available as part of a Beta Program.
This Section will not apply to any Beta Service(s) as of the date that Lumen elects to make the feature or application generally available in accordance with the Service Schedule.
CUSTOMER ACKNOWLEDGES AND AGREES THAT THE BETA SERVICE IS DESIGNATED AS A “PRE-RELEASE” OR “BETA” SERVICE, IS NOT A FULLY TESTED SERVICE OFFERING, AND HAS NOT BEEN COMPLETED ACCORDING TO LUMEN’S NORMAL DEVELOPMENT PROCEDURES. THE BETA SERVICE MAY CONTAIN BUGS, MAY NOT OPERATE PROPERLY OR PERFORM ALL INTENDED FUNCTIONS, AND MAY CAUSE ERRORS, DATA LOSS OR OTHER PROBLEMS. CUSTOMER ACCEPTS THE BETA SERVICE ON AN “AS IS”, “AS AVAILABLE” BASIS, WITH “ALL FAULTS”. LUMEN EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES (EXPRESS OR IMPLIED) REGARDING THE BETA SERVICE INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES CONTAINED IN THE APPLICABLE AGREEMENT. THE ENTIRE RISK ARISING OUT OF THE USE OR PERFORMANCE OF THE BETA SERVICE(S) REMAINS SOLELY WITH THE CUSTOMER. NEITHER LUMEN NOR ANY OF ITS SUPPLIERS WILL BE LIABLE TO CUSTOMER OR ANY OTHER THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES ARISING OUT OF OR RELATING TO USE OF THE BETA SERVICES, THE SERVICES OR YOUR PARTICIPATION IN THE BETA PROGRAM (INCLUDING, WITHOUT LIMITATION, LOSS OF DATA, LOSS OF REVENUE OR PROFIT, LOSS OF TIME OR BUSINESS), WHETHER LIABILITY IS ASSERTED IN CONTRACT OR IN TORT OR OTHERWISE, AND REGARDLESS OF WHETHER LUMEN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. CUSTOMER’S SOLE REMEDY FOR ANY FAILURE BY LUMEN TO PROVIDE THE BETA SERVICES OR ANY DAMAGES OR LIABILITY ARISING THEREFROM IS TO DISCONTINUE OR DISCONNECT THE BETA SERVICES.