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This Subscription Enterprise Trial Agreement (“Agreement”) is a legal agreement between your company or organization (“Subscriber”) and O’Reilly Media, Inc. (“O’Reilly”). It applies to use of any of the O’Reilly online learning platform services (collectively, the “Service”) by Users (defined below) on a free trial basis. This Agreement does not apply to individual registrations for the Service, or to organizations who register for a paid subscription to the Service.

The Service is provided to Subscriber on the condition that it agrees to and complies with this Agreement, and that it acknowledges that it has read O’Reilly’s Privacy Policy (“Privacy Policy”). This Agreement governs use of the Service and the content it contains. By clicking a box indicating acceptance of this Agreement, or by using the Service, Subscriber agrees to the terms of this Agreement, and the Agreement is effective between O’Reilly and Subscriber as of the date of your trial registration.

You represent that you have authority to enter into this Agreement on behalf of Subscriber and bind Subscriber to this Agreement. You further confirm that you are authorized to provide any necessary personal data or information of your colleagues or other representatives of Subscriber in connection with registering for a free trial of the Service. Any such information shared with O’Reilly will be handled in accordance with our Privacy Policy.

1. Scope of Use

“Term” means the duration of Subscriber’s access to the Service during the trial period. On the condition that Subscriber complies with this Agreement, O’Reilly grants Subscriber the rights described in this Agreement during the Term. Access to the Service, and content made available through it, is limited to only those employees, contractors, agents, or such other persons within Subscriber’s organization whose information is provided to O’Reilly during the enterprise trial registration process (“Users”). Each User’s access to the Service is strictly limited to the Term. Users are not allowed to share or reassign usernames, passwords, or accounts. In order to access the Service, Users must have their own username and password. Subscriber will be deemed to have taken any action that it permits, assists, or facilitates any person or entity (including any User) to take related to the Service or the Agreement. Subscriber is responsible for its Users and will ensure its Users’ compliance with Subscriber’s obligations under the Agreement.

2. Content Use and Limitation

2.1 Each User is permitted to use the electronic tools provided by the Service to:

2.1.1 electronically search across and view on-screen the full content of all of the works included in the Service;

2.1.2 print, download, and store Sections (defined below) of a work on the individual User’s hard drive or other storage device for such individual User’s personal use only;

2.1.3 quote portions of works accessible via the Service in works authored by the User, up to an aggregate of 250 words from any single text work or a comparable strictly limited portion of material in other media, provided that the copyright owner is given proper attribution in any publication or other media in which the quote appears, based on the proprietary notices that appear with the content in the Service. “Section” means the limited portion of a work that is displayed to the User at one time by the Service. Users can scroll freely throughout a single Section. To access another Section, a User is required to click through.

2.2 Subscriber acknowledges and agrees that use of "web spiders" or any other automated retrieval mechanisms (other than search and retrieval features of the Service) for any purpose is prohibited. Subscriber will not, and will not permit others to: (a) modify, remove, augment, publish, transmit, create derivative works from, or in any way exploit any of the content accessed via the Service, in whole or in part, except as expressly provided in the Agreement; (b) retrieve, download, or extract content accessed via the Service to develop any software program, including, without limitation, training a machine learning or artificial intelligence (“AI”) system; (c) post any content accessed via the Service to any third-party website, or provide such content to others by any other means, such as an intranet system, blogs, or RSS feeds, except as permitted by the Agreement; (d) provide any hosting service with access to the Service, and/or content accessed through the Service; and/or (e) assign or otherwise transfer to any third party all or any part of rights granted under the Agreement, or any content accessible through the Service. Subscriber will notify O’Reilly immediately of any actual or suspected (a) unauthorized use(s) of the Service, or any content accessed through the Service, or (b) breach of security, including loss, theft, or unauthorized disclosure of any password, or confidential information related to the Service. Except as expressly permitted by the Agreement, content accessed via the Service may not be stored, reproduced, or transmitted in any form and/or by any means, including, without limitation, as input or a prompt to a machine learning or AI system, without the express prior written permission of the copyright owner. O’Reilly and its content providers reserve all rights not expressly granted in the Agreement. O’Reilly or its content providers own the title, copyright, and other intellectual property rights. Subscriber will not remove or obscure any copyright or other proprietary notices that appear on the Service, or on content accessed through it. The Service, and the content accessed through it, are provided on a limited basis under the Agreement, and are not being sold or otherwise transferred to Subscriber. O’Reilly may terminate or suspend any User’s access to the Service in the event of any actual or alleged fraud or violation of the Agreement, or the intellectual property rights of any owner of any content accessible through the Service.

3. Termination

This Agreement will terminate automatically on the last day of the Term. O’Reilly may terminate the Agreement at any time in its sole discretion for any reason. Upon termination or expiration of the Agreement for any reason: (a) Subscriber’s rights and Users’ rights to use the Service shall immediately terminate, and (b) Subscriber and all the Users must immediately cease using the Service, and all copies of content accessed via the Service stored on any hard drive or other storage device or in hard copy must be deleted or destroyed.

4. General Provisions

4.1 The content accessed through the Service may include inaccuracies or errors. Changes are periodically made to the content. O’Reilly may make improvements and/or changes in, and/or withdraw, any of the components of the Service at any time without notice. If O’Reilly notifies Subscriber in writing that it has been required by any of its content providers to remove a work from the Service, all content from that work stored on any of Subscriber’s (or any User’s) hard drives or storage devices must be destroyed or deleted. O’Reilly in its discretion may rename the Service.

4.2 Certain features and functionalities within the Service may allow Subscriber and its Users to interface or interact with, access and/or use compatible third-party services, products, technology and content (collectively, “Third-Party Services”) through the Service. O’Reilly does not provide any aspect of the Third-Party Services and is not responsible for any compatibility issues, errors or bugs in the Service or Third-Party Services caused in whole or in part by the Third-Party Services or any update or upgrade thereto. Subscriber is solely responsible for signing up for or subscribing to the Third-Party Services and obtaining and maintaining any associated licenses and consents necessary for Subscriber to use the Third-Party Services in connection with the Service. The Service may also include links to third-party sites. These third-party sites are not under O’Reilly’s control, and O’Reilly is not responsible for their contents or any links contained in them. O’Reilly is providing these links as a convenience, and the inclusion of any link does not imply endorsement by O’Reilly. Subscriber consents on its own behalf, and on behalf of its Users, to the collection by O’Reilly and its affiliates of technical information and usage information in the course of managing, providing, and supporting the Service, and to the use of that information for purposes of managing, providing, and supporting the Service pursuant to the Agreement.

4.3 O’Reilly welcomes feedback from Subscriber and its Users regarding the Service. "Feedback" means any and all evaluations, feedback, comments, contributions, ideas, suggestions, and any other communications regarding the Service that Subscriber or any of its Users may provide or otherwise make available to O’Reilly. Subscriber on behalf of itself and its Users grants to O’Reilly the irrevocable and nonexclusive right in its sole discretion to use the Feedback as it deems appropriate in connection with the development and/or modification of the Service or any other work, product, or service of O’Reilly. O’Reilly’s rights include the right to modify the Feedback and/or to combine it with other content and suggestions, and O’Reilly will not have any obligations or liability to the Subscriber or any User with respect to O’Reilly’s use of the Feedback. O’Reilly will not disclose Subscriber’s name or that of any of its Users in connection with its use of any Feedback. Subscriber warrants that the Feedback will not (a) include unauthorized disclosure(s) of personal information, trade secrets, or confidential information; (b) to the best of Subscriber’s knowledge, violate anyone’s rights, including, without limitation, intellectual property rights; (c) contain software viruses or any other elements designed to interrupt, destroy, or limit the functionality of any software, systems, or devices; or (d) contain data or technology subject to restriction under laws regulating the export and other dissemination of information or technology.

4.4 EXCEPT AS OTHERWISE PROVIDED HEREIN, THE SERVICE AND ITS CONTENTS ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, WARRANTIES IN RESPECT OF TITLE, ACCURACY, OMISSIONS, COMPLETENESS, DELAYS, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND ANY OTHER IMPLIED WARRANTIES. USE OF THE SERVICE IS ENTIRELY AT SUBSCRIBER’S OWN RISK. Neither O’Reilly nor its suppliers will be liable for: (a) any delay or failure resulting directly or indirectly from causes beyond its reasonable control, such as internet failures or telecommunication equipment failures, or (b) any direct, indirect, special, incidental, punitive, or consequential damages (including, without limitation, damages for lost profits) arising out of or in any way related to the use of or inability to use the Service or any content, even if O’Reilly or any supplier has been advised of the possibility of such damages. Because some jurisdictions do not allow the exclusion or limitation of such damages, this limitation may not apply to Subscriber.

4.5 The Agreement is governed by the laws of the State of California applicable to agreements made and performed there by California residents. The parties consent to the exclusive jurisdiction of the Superior Court of the County of San Francisco, California, and/or the United States District Court for the Northern District of California, either of which shall be the exclusive forum in which any legal action arising out of or in connection with the Agreement may be initiated and prosecuted to final judgment, and the parties waive all challenges to venue.

4.6 In utilizing any social features that may be included in the Service, Subscriber and its Users are prohibited from (a) transmitting spam, bulk, or unsolicited communications; (b) forging headers or otherwise manipulating identifiers (including URLs) in order to disguise the origin of any transmitted content; (c) making misrepresentations about any User’s identity or affiliation(s); (d) disrupting the normal flow of dialogue or otherwise acting in a manner that negatively affects the ability of others to participate in or use the Service; (e) engaging in activities that would violate any applicable local, state, national, or international law; or (f) collecting or storing personal data about other users unless specifically authorized to do so by such users.

4.7 The Agreement is the final, complete, and exclusive agreement between Subscriber and O’Reilly relating to the trial to the Service and the content accessed via the Service, and it supersedes all other oral or written communications, proposals, and representations made at any time with respect to any subject matter covered by the Agreement. If any part of the Agreement is held to be invalid or unenforceable, the other provisions shall continue in full force and effect.

4.8 O’Reilly may provide Subscriber with notices, including notices about changes to this Agreement, by means that include but are not limited to email, regular mail, SMS, MMS, text message, postings on the Service, or other reasonable means now known or developed in the future. Any such notice shall be effective as of the date that it is posted, sent, or otherwise made accessible by O’Reilly to the User(s). Subscriber warrants and represents that the contact and other account information that it provides to O’Reilly is accurate, and Subscriber acknowledges that it is its responsibility to update such information in order to maintain its accuracy.

4.9 US Government Users. The Service is a “commercial item” as that term is defined at FAR 2.101. If acquired by or on behalf of a civilian agency, the US Government acquires the Service (including, without limitation, commercial computer software and/or commercial computer software documentation and other technical data such as the content accessible over the Service) subject to the terms of the SA as specified in 48 C.F.R. 12.212 (“Computer Software”) and 12.211 (“Technical Data”) of the Federal Acquisition Regulation (“FAR”) and its successors. If acquired by or on behalf of any agency within the Department of Defense (“DOD”), the US Government acquires the Service (including, without limitation, commercial computer software and/or commercial computer software documentation and other technical data such as the content accessible over the Service) subject to the terms of the SA as specified in 48 C.F.R. 227.7202-3 of the DOD FAR Supplement (“DFARS”) and its successors. This US Government Rights clause is in lieu of, and supersedes, any other FAR, DFARS, or other clause or provision that addresses Government rights in computer software or technical data.

5. Changes to this Subscription Enterprise Trial Agreement

O’Reilly reserves the right to modify this Subscription Enterprise Trial Agreement from time to time at its discretion.