This document outlines the GitHub Pre-release License Terms, which govern the use of early-access software, including alpha, beta, and technical preview versions. It clarifies that such software is provided "as is" with no warranties, uptime guarantees, or commitments to future development or support. Users are granted a limited, non-production license for development and testing, subject to strict prohibitions on reverse engineering, sharing, or commercial use. The terms detail data collection practices (telemetry) to which users consent by using the software, specifying that user-inputted code for AI features remains user-owned and will not be used for AI model training without explicit instruction. Finally, it establishes GitHub's rights to user feedback, limits liability, and imposes confidentiality obligations on the pre-release software.
GitHub Pre-release License Terms: Key Provisions
Preamble: Application of Terms - These terms specifically apply to pre-release software made available by GitHub and take precedence over any other agreements in case of conflict.
1. Pre-Release Software Definition & Risks - "Pre-release" software encompasses alpha, beta, early access, and technical preview versions. It is explicitly stated that this software may not operate correctly, could delete or corrupt data, and may change or be discontinued at any time without notice. GitHub is not obligated to provide maintenance, technical support, or updates for it.
2. Installation and Use Rights - Users are granted a limited right to use a non-production instance of the software for developing and testing applications, including deployment within their internal corporate network and demonstrations. The software may include third-party components or optional extensions governed by separate agreements.
3. Scope of License & Restrictions - GitHub retains all intellectual property rights. Users are forbidden from working around technical limitations, reverse engineering (with limited exceptions for open source components), removing GitHub notices, sharing, publishing, leasing, providing the software as a stand-alone offering, transferring it, or using it to create malware or for any illegal purpose.
4. Data Collection and Usage - The pre-release software may collect telemetry data about usage, and by using it, users consent to this collection. GitHub uses this data for analytics, performance measurement, evaluation, abuse detection, and improvement. For AI features, users retain ownership of input code, GitHub does not own the output, and collected data will not be used to train AI models without explicit written instruction.
5. Updates - Updates are to be obtained only from GitHub or authorized sources. The software may install automatic updates, which could potentially change, disable, or remove features, or revoke support for certain platforms or hardware.
6. Time-Bound Software - The right to use the pre-release software terminates upon its commercial release, GitHub's decision to discontinue support or development, or the termination of the technical preview by either party. Users may lose access to data used in the software when it ceases to run.
7. Feedback - Any feedback provided by users to GitHub about the pre-release software grants GitHub the unrestricted right to use, share, and commercialize that feedback without any payment to the user.
9. No Warranties - Users bear the sole risk of using the pre-release software. It is licensed "as is," with GitHub and Microsoft explicitly disclaiming all warranties (express, implied, or statutory), including merchantability, fitness for a particular purpose, and accuracy. The software is acknowledged to contain errors, defects, or bugs and may delete or corrupt data.
11. No Uptime Guarantees - The pre-release software is not subject to any uptime guarantees or service level agreements and may be unavailable or stop working entirely at any time for any reason.
12. Limitation of Liability - GitHub's maximum liability for any claim related to the use of the pre-release software is limited to $500 USD for direct damages, excluding specific defense obligations.
14. Confidentiality - The pre-release software is considered non-public, confidential information of GitHub. Users are prohibited from disclosing or sharing it, posting photos or videos of it online, or publicly discussing any part of it without advance and express permission from GitHub.