Mobile Application User Trial Terms

Facebook is developing new mobile software that is confidential and has not yet been publicly announced (“Pre-Release Software”). We have invited certain individuals to participate in user testing of the Pre-Release Software, and we appreciate your interest in participating. The following terms (the “User Trial Terms”) govern your use of the Pre-Release Software, so please read these User Trial Terms carefully. Your use of Facebook also continues to be governed by the Statement of Rights and Responsibilities, available at www.facebook.com/terms.php (the “SRR”), so please review the SRR as well. By accessing the Pre-Release Software, you agree to these User Trial Terms and the SRR, and you acknowledge that you have read and understand our Data Use Policy, available at http://www.facebook.com/about/privacy/.

During the testing period, you are permitted to download, install and use one copy of the Pre-Release Software on a mobile device that you own or control, for personal testing purposes only. You will not copy, distribute, modify reverse engineer, decompile or create derivative works of the Pre-Release Software. We own all right, title and interest in the Pre-Release Software.

By participating in the user testing of the Pre-Release Software, you will have access to our confidential information. As used here, “Confidential Information” means any information disclosed by us to you relating to the Pre-Release Software, including the existence of the Pre-Release Software, the underlying files and code, user documentation, product specifications, release plans, and your participation in the user testing. You agree that at all times:

We encourage you to actively use the Pre-Release Software on your mobile device, but please do use common sense to prevent public disclosure of Confidential Information. For example, do not pass your mobile device to others while the Pre-Release Software is the active application, and do not take any screenshots of the Pre-Release Software other than to send bug reports or other feedback to us.

Your feedback about the Pre-Release Software is important to us. We encourage you to report any bugs or errors, any ideas or suggestions for enhancements or modifications, and any other feedback relating to the Pre-Release Software (collectively, “Feedback”). Any Feedback received from you will be entirely voluntary on your part and may be used without obligation of any kind to you.

You may also choose to submit system-generated data and information, such as dump files, about problems you encounter while using the Pre-Release Software (“Error Reports”). Error Reports may contain personal information. By submitting Error Reports to us, you consent to our use of the Error Reports to debug and improve the Pre-Release Software.

The term of these User Trial Terms will begin on the date of your acceptance and will continue until the end of the testing period specified by us. However, you may terminate your participation in the user testing of the Pre-Release Software at any time, and we may similarly terminate your participation at any time, with or without cause. Immediately upon termination of your participation in the user testing, you will uninstall the Pre-Release Software from your mobile device and confirm such uninstallation to us in writing.

Because the Pre-Release Software is still in a testing phase, it is more likely to contain errors, including technical errors that may interfere with its performance. WITHOUT LIMITING THE DISCLSAIMERS IN THE SRR, THE PRE-RELEASE SOFTWARE IS PROVIDED “AS IS” WITHOUT ANY WARRANTY, EXPRESS OR IMPLIED, AND WE HEREBY DISCLAIMS ALL WARRANTIES. WE shall have no obligation to support YOUR use of the Pre-Release Software. we shall NOT BE LIABLE WITH RESPECT TO ANY SUBJECT MATTER OF THese user trial terms UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY FOR ANY DIRECT, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING LOST PROFITS OR LOST OR INACCURATE DATA.