Project xCloud Preview Program Agreement

Thank you for applying to participate in the Project xCloud Preview Program (“Program”). This Program is managed by Microsoft Corporation (“Microsoft”), located at One Microsoft Way, Redmond, WA 98052, USA. Through this Program, Microsoft will provide a limited number of users with access, free of charge, to the software program and related resources which Microsoft refers to as “Project xCloud” (collectively, “xCloud”) for each user’s personal evaluation of xCloud (“Purpose”).

This document (“Agreement”) supplements the Microsoft Services Agreement (https://www.microsoft.com/servicesagreement/) (“Terms of Service”). By clicking “I Agree”, accessing xCloud, or otherwise participating in the Program, you accept and agree to the terms and conditions in this Agreement.

SECTION 1 - Grant of License

  1. (a) Microsoft hereby grants you a nonexclusive, personal, nontransferable, and revocable license to access and use xCloud solely for the Purpose. This license grant is conditional upon your compliance with this Agreement and the Terms of Service.

  2. (b) You agree:

    1. (1) All versions of xCloud provided through this Program are in a preliminary state;

    2. (2) You may be required to install all recommended software updates to access the Program;

    3. (3) Only a limited number of videogames will be accessible through the Program. Your use of any videogames provided through the Program will be governed by the Terms of Service;

    4. (4) You will be solely responsible for any access, data, or overage fees from third parties (including your ISP or cellphone service provider) that you incur to participate in the Program;

    5. (5) You will have no other rights in and to the xCloud other than those expressly licensed under this Agreement;

    6. (6) Microsoft is not obligated under this Agreement to provide any support services for the Program. Any support provided is “as is”, “with all faults”, and without warranty of any kind; and

    7. (7) You hereby grant to Microsoft a fully-paid, royalty-free, worldwide, perpetual, irrevocable, sublicensable, non-terminable, transferable, assignable license to reproduce, distribute, publicly perform, publicly display, make, sell, import, modify and make derivative works based on, and otherwise use and exploit any and all Feedback. “Feedback” means suggestions, comments, ideas, and all other types of information, including automated error reporting and telemetry, which (A) you communicate directly or indirectly to Microsoft or its agents; and (B) relates to the Program, xCloud, or any of their components

SECTION 2 - License Restrictions

You agree you will not:

  1. (a) stream, transmit or otherwise publicly perform any parts of the Program;

  2. (b) record your participation in the Program by any means, including by screen recording software;

  3. (c) use xCloud as part of any service for local multi-person use;

  4. (d) use any code or software that enables automated control or operation of any part of xCloud;

  5. (e) subject xCloud to competitive or benchmark testing; or

  6. (f) violate any other restrictions stated in the Terms of Service (including the Code of Conduct).

SECTION 3 - Privacy and Data Collection

Microsoft may collect information about your participation in the Program, including about your usage of xCloud, your hardware, your hardware performance, and your internet connection. Microsoft may use this information to provide services and improve Microsoft’s products and services. Microsoft may also provide applicable information to game or app publishers involved in the Program so they may deliver and improve their products and provide support.

In order to opt out of data collection by Microsoft about your participation in the Program, you must unenroll from the Program and terminate your access to xCloud. Any other data collection independent of this Program will be unaffected. Information about Microsoft’s data collection and use can be found in the Microsoft Privacy Statement at aka.ms/privacy. You agree to comply with all applicable provisions of the Microsoft Privacy Statement.

SECTION 4 - Term

  1. (a) Term. The term of this Agreement (“Term”) begins upon your acceptance and ends when terminated by either you or Microsoft.

  2. (b) Termination. Either you or Microsoft may terminate this Agreement (and your access to xCloud) at any time for any reason. Additionally, Microsoft may immediately terminate this Agreement for cause upon notice of your material breach of this Agreement or the Terms of Service.

  3. (c) End of Term or Termination. Upon the end of the Term or upon termination as described in Section 4(b), you may lose access to the videogames, content, or other data that was made available to you through this Program. Any videogames, content, or other data for which you have access independent of this Program will be unaffected. Note that any game add-ons, such as downloadable content (“DLC”), will require access to its corresponding base game in order to continue use of the game add-on.

  4. (d) Survival. Sections 1(b)(4-5), 1(b)(7-8), 3, 4(c-d), and 5 will survive expiration or termination of this Agreement.

SECTION 5 - General Terms

  1. (a) Severability. If any court of competent jurisdiction determines that any provision of this Agreement is illegal, invalid or unenforceable, the remaining provisions will remain in full force and effect.

  2. (b) Injunctive relief. Certain obligations and promises of the parties in this Agreement are of a special, unique and extraordinary character. The material breach of any promises or agreements involving or relating to Microsoft’s intellectual property rights or Microsoft’s confidential Information may result in irreparable and continuing damage to that party for which there may be no adequate remedy at law. Accordingly, in the event of any such breach, Microsoft may be entitled to injunctive relief and/or a decree of specific performance (in addition to applicable damages).

  3. (c) Other. Capitalized terms used but not defined in this Agreement will have the respective meanings given to them in the Terms of Service. xCloud is part of the "Services" and “Xbox Services” as described in the Terms of Service. If there is any conflict between this Agreement and the Terms of Service, this Agreement will prevail.