Common use of Evaluation Access Clause in Contracts

Evaluation Access. This Section applies if the Customer has been provided access to the Software by Checkmarx for trial use and evaluation purposes (“Evaluation Access”). Customer hereby accepts this Agreement by accepting Evaluation Access to the Evaluation Products. In the event Customer has been granted Evaluation Access by Checkmarx, Checkmarx hereby grants Customer a non-exclusive, non-transferable, non-sublicensable license to access and use the Software (the “Evaluation Products”) for Customer’s internal, non-production, evaluation purposes only, during the trial period designated by Checkmarx (the “Evaluation Period”). If no Evaluation Period is specified in writing by Checkmarx, the Evaluation Period shall be fourteen (14) days from first delivery of the Software or license keys by Checkmarx, whichever occurs first. This evaluation license does not grant any rights whatsoever to the source code of the Evaluation Products. Title to and ownership of all right, title, and interest in and to the Evaluation Products will at all times be and remain with Checkmarx and its Affiliates and licensors. Evaluation Access is subject to all restrictions set forth in this Agreement. All rights not expressly granted herein are reserved by Checkmarx. All Evaluation Products are offered on an “AS-IS” basis without any warranty, and Checkmarx shall have no indemnification obligations or liability with respect to the Evaluation Products. At the end of the Evaluation Period, if Customer chooses not to enter into a definitive agreement with Checkmarx with respect to the Evaluation Products, Customer will promptly cease use of the Evaluation Products and shall, as applicable, destroy all copies of the Evaluation Products and related documentation.

Appears in 1 contract

Samples: Master Software License and Services Agreement

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Evaluation Access. This Section applies if the Customer If Timetta has been provided made available to you free, trial or evaluation access to the Software by Checkmarx for trial use and evaluation purposes Timetta (“Evaluation Access”), you may use such access solely for the purpose of evaluating Timetta to determine whether to purchase a subscription from Timetta. Customer hereby accepts this Agreement by accepting You may not use Evaluation Access for any other purposes, including but not limited to the Evaluation Productscompetitive analysis, commercial, professional or for-profit purposes. In the event Customer has been granted Evaluation Access is limited to fourteen (14) days from the date you activate your Evaluation Access, unless otherwise specified by Checkmarx, Checkmarx hereby grants Customer Timetta in the applicable Ordering Document or a non-exclusive, non-transferable, non-sublicensable license to access and use the Software separate writing from Timetta (the “Evaluation Products”) for Customer’s internal, non-production, evaluation purposes only, during the trial period designated by Checkmarx (the “Evaluation Period”). If no Evaluation Period is specified in writing by CheckmarxUnless you purchase a subscription for Timetta, the Evaluation Period shall be fourteen (14) days from first delivery of the Software or license keys by Checkmarx, whichever occurs first. This evaluation license does not grant any rights whatsoever to the source code of the Evaluation Products. Title to and ownership of all right, title, and interest in and to the Evaluation Products will at all times be and remain with Checkmarx and its Affiliates and licensors. your Evaluation Access is subject may be terminated and, in any event your right to all restrictions set forth in this Agreement. All rights not expressly granted herein are reserved by Checkmarx. All Evaluation Products are offered on an “AS-IS” basis without any warranty, access and Checkmarx shall have no indemnification obligations or liability with respect to the Evaluation Products. At use Timetta automatically expires at the end of the Evaluation Period, if Customer chooses not to enter into a definitive agreement with Checkmarx with respect to the Evaluation Products, Customer will promptly cease use . Upon any termination or expiration of the Evaluation Products Period, your Evaluation Access will cease and shallyou will no longer have access to any Customer Data used in connection with such Evaluation Access. Notwithstanding any other provision of this Agreement, as applicableEvaluation Access is provided “AS IS” without warranty or support of any kind, destroy all copies express or implied. Timetta may terminate your Evaluation Access at any time for any reason and without liability of the Evaluation Products and related documentationany kind. IF YOU SUBSEQUENTLY PURCHASE A SUBSCRIPTION TO TIMETTA, YOUR EVALUATION ACCESS SHALL IMMEDIATELY TERMINATE AND YOU EXPRESSLY AGREE THAT, UNLESS YOU HAVE A SEPARATE SIGNED AGREEMENT GOVERNING YOUR ACCESS TO AND USE OF TIMETTA, THIS AGREEMENT, AND THE TERMS AND CONDITIONS HEREIN, SHALL GOVERN YOUR USE OF SUCH NON-EVALUATION VERSION.

Appears in 1 contract

Samples: Subscription Agreement

Evaluation Access. This Section applies if the Customer If Field Dynamics has been provided made available to you free, trial or evaluation access to the Software by Checkmarx for trial use and evaluation purposes Tableau Online (“Evaluation Access”), you may use such access solely for the purpose of evaluating Tableau Online to determine whether to purchase a subscription from Field Dynamics. Customer hereby accepts this Agreement by accepting You may not use Evaluation Access for any other purposes, including but not limited to the Evaluation Productscompetitive analysis, commercial, professional or for-profit purposes. In the event Customer has been granted Evaluation Access is limited to fourteen (14) days from the date you activate your Evaluation Access, unless otherwise specified by Checkmarx, Checkmarx hereby grants Customer Field Dynamics in the applicable Ordering Document or a non-exclusive, non-transferable, non-sublicensable license to access and use the Software separate writing from Field Dynamics (the “Evaluation Products”) for Customer’s internal, non-production, evaluation purposes only, during the trial period designated by Checkmarx (the “Evaluation Period”). If no Evaluation Period is specified in writing by CheckmarxUnless you purchase a subscription for Tableau Online, the Evaluation Period shall be fourteen (14) days from first delivery of the Software or license keys by Checkmarx, whichever occurs first. This evaluation license does not grant any rights whatsoever to the source code of the Evaluation Products. Title to and ownership of all right, title, and interest in and to the Evaluation Products will at all times be and remain with Checkmarx and its Affiliates and licensors. your Evaluation Access is subject may be terminated and, in any event your right to all restrictions set forth in this Agreement. All rights not expressly granted herein are reserved by Checkmarx. All Evaluation Products are offered on an “AS-IS” basis without any warranty, access and Checkmarx shall have no indemnification obligations or liability with respect to the Evaluation Products. At use Tableau Online automatically expires at the end of the Evaluation Period, if Customer chooses not to enter into a definitive agreement with Checkmarx with respect to the Evaluation Products, Customer will promptly cease use . Upon any termination or expiration of the Evaluation Products Period, your Evaluation Access will cease and shallyou will no longer have access to any Customer Data used in connection with such Evaluation Access. Notwithstanding any other provision of this Agreement, as applicableEvaluation Access is provided “AS IS” without warranty or support of any kind, destroy all copies express or implied. Field Dynamics or Tableau may terminate your Evaluation Access at any time for any reason and without liability of the Evaluation Products and related documentationany kind. IF YOU SUBSEQUENTLY PURCHASE A SUBSCRIPTION TO TABLEAU ONLINE, YOUR EVALUATION ACCESS SHALL IMMEDIATELY TERMINATE AND YOU EXPRESSLY AGREE THAT, UNLESS YOU HAVE A SEPARATE SIGNED AGREEMENT GOVERNING YOUR ACCESS TO AND USE OF TABLEAU ONLINE, THIS AGREEMENT, AND THE TERMS AND CONDITIONS HEREIN, SHALL GOVERN YOUR USE OF SUCH NON-EVALUATION VERSION.

Appears in 1 contract

Samples: Master Subscription Agreement

Evaluation Access. This Section applies if the Customer If Tableau has been provided made available to you free, trial or evaluation access to the Software by Checkmarx for trial use and evaluation purposes Tableau Online (“Evaluation Access”), you may use such access solely for the purpose of evaluating Tableau Online to determine whether to purchase a subscription from Tableau. Customer hereby accepts this Agreement by accepting You may not use Evaluation Access for any other purposes, including but not limited to the Evaluation Productscompetitive analysis, commercial, professional or for-profit purposes. In the event Customer has been granted Evaluation Access is limited to fourteen (14) days from the date you activate your Evaluation Access, unless otherwise specified by Checkmarx, Checkmarx hereby grants Customer Tableau in the applicable Ordering Document or a non-exclusive, non-transferable, non-sublicensable license to access and use the Software separate writing from Tableau (the “Evaluation Products”) for Customer’s internal, non-production, evaluation purposes only, during the trial period designated by Checkmarx (the “Evaluation Period”). If no Evaluation Period is specified in writing by CheckmarxUnless you purchase a subscription for Tableau Online, the Evaluation Period shall be fourteen (14) days from first delivery of the Software or license keys by Checkmarx, whichever occurs first. This evaluation license does not grant any rights whatsoever to the source code of the Evaluation Products. Title to and ownership of all right, title, and interest in and to the Evaluation Products will at all times be and remain with Checkmarx and its Affiliates and licensors. your Evaluation Access is subject maybe terminated and, in any event your right to all restrictions set forth in this Agreement. All rights not expressly granted herein are reserved by Checkmarx. All Evaluation Products are offered on an “AS-IS” basis without any warranty, access and Checkmarx shall have no indemnification obligations or liability with respect to the Evaluation Products. At use Tableau Online automatically expires at the end of the Evaluation Period, if Customer chooses not to enter into a definitive agreement with Checkmarx with respect to the Evaluation Products, Customer will promptly cease use . Upon any termination or expiration of the Evaluation Products Period, your Evaluation Access will cease and shallyou will no longer have access to any Customer Data used in connection with such Evaluation Access. Notwithstanding any other provision of this Agreement, as applicableEvaluation Access is provided “AS IS” without warranty or support of any kind, destroy all copies express or implied. Tableau may terminate your Evaluation Access at any time for any reason and without liability of the Evaluation Products and related documentationany kind. IF YOU SUBSEQUENTLY PURCHASE A SUBSCRIPTION TO TABLEAU ONLINE, YOUR EVALUATION ACCESS SHALL IMMEDIATELY TERMINATE AND YOU EXPRESSLY AGREE THAT, UNLESS YOU HAVE A SEPARATE SIGNED AGREEMENT GOVERNING YOUR ACCESS TO AND USE OF TABLEAU ONLINE, THIS AGREEMENT, AND THE TERMS AND CONDITIONS HEREIN, SHALL GOVERN YOUR USE OF SUCH NON-EVALUATION VERSION.

Appears in 1 contract

Samples: Tableau Online Subscription Agreement

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Evaluation Access. This Section applies if the Customer If Xpand IT has been provided made available to you a free trial or evaluation access to the Software by Checkmarx for trial use and evaluation purposes Write-Back Cloud Product (“Evaluation Access”), you may use such access solely for the purpose of evaluating Write-Back Cloud Product to determine whether to purchase a subscription from Xpand IT. The Customer hereby accepts this Agreement by accepting may not use Evaluation Access for any other purposes, including but not limited to the Evaluation Productscompetitive analysis, commercial, professional, or for-profit purposes. In the event Customer has been granted Evaluation Access is limited to thirty (30) days from the date you activate your Evaluation Access unless otherwise specified by Checkmarx, Checkmarx hereby grants Customer Xpand IT in a non-exclusive, non-transferable, non-sublicensable license to access and use the Software separate writing form (the “Evaluation Products”) for Customer’s internal, non-production, evaluation purposes only, during the trial period designated by Checkmarx (the “Evaluation Period”). If no Evaluation Period is specified in writing by CheckmarxUnless the Customer purchases a subscription for Write-Back Cloud Product, the Evaluation Period shall be fourteen (14) days from first delivery of the Software or license keys by Checkmarx, whichever occurs first. This evaluation license does not grant any rights whatsoever to the source code of the Evaluation Products. Title to and ownership of all right, title, and interest in and to the Evaluation Products will at all times be and remain with Checkmarx and its Affiliates and licensors. Customer’s Evaluation Access is subject may be terminated, and, in any event, the Customer's right to all restrictions set forth in this Agreement. All rights not expressly granted herein are reserved by Checkmarx. All Evaluation Products are offered on an “ASaccess and use Write-IS” basis without any warranty, and Checkmarx shall have no indemnification obligations or liability with respect to the Evaluation Products. At Back Cloud Product automatically expires at the end of the Evaluation Period, if Customer chooses not to enter into a definitive agreement with Checkmarx with respect to the Evaluation Products, Customer will promptly cease use . Upon any termination or expiration of the Evaluation Products Period, the Customer’s Evaluation Access will cease, and shallthe Customer will no longer have access to any Customer Data used in connection with such Evaluation Access. Xpand IT may terminate the Customer’s Evaluation Access at any time for any reason and without liability of any kind. IF THE CUSTOMER SUBSEQUENTLY PURCHASES A SUBSCRIPTION OF A WRITE-BACK CLOUD PRODUCT, as applicableTHE CUSTOMER’S EVALUATION ACCESS SHALL IMMEDIATELY TERMINATE AND THE CUSTOMER EXPRESSLY AGREE THAT, destroy all copies of the Evaluation Products and related documentationUNLESS THE CUSTOMER HAS A SEPARATE SIGNED AGREEMENT GOVERNING THE CUSTOMER’S ACCESS TO AND USE OF WRITE-BACK CLOUD PRODUCT, THIS AGREEMENT, AND THE TERMS AND CONDITIONS HEREIN, SHALL GOVERN THE CUSTOMER’S USE OF SUCH NON-EVALUATION VERSION.

Appears in 1 contract

Samples: Cloud Product Agreement

Evaluation Access. This Section applies if the Customer If Next Limit has been provided made available to you free, trial or evaluation access to the Software by Checkmarx for trial use and evaluation purposes BEGRAPH (“Evaluation Access”), you may use such access solely for the purpose of evaluating BEGRAPH to determine whether to purchase a subscription from Next Limit. Customer hereby accepts this Agreement by accepting You may not use Evaluation Access for any other purposes, including but not limited to the Evaluation Productscompetitive analysis, commercial, professional or for-profit purposes. In the event Customer has been granted Evaluation Access is limited to five (5) days from the date you activate your Evaluation Access, unless otherwise specified by Checkmarx, Checkmarx hereby grants Customer Next Limit in the applicable Ordering Document or a non-exclusive, non-transferable, non-sublicensable license to access and use the Software separate writing from Next Limit (the “Evaluation Products”) for Customer’s internal, non-production, evaluation purposes only, during the trial period designated by Checkmarx (the “Evaluation Period”). If no Evaluation Period is specified in writing by CheckmarxUnless you purchase a subscription for BEGRAPH, the Evaluation Period shall be fourteen (14) days from first delivery of the Software or license keys by Checkmarx, whichever occurs first. This evaluation license does not grant any rights whatsoever to the source code of the Evaluation Products. Title to and ownership of all right, title, and interest in and to the Evaluation Products will at all times be and remain with Checkmarx and its Affiliates and licensors. your Evaluation Access is subject may be terminated and, in any event your right to all restrictions set forth in this Agreement. All rights not expressly granted herein are reserved by Checkmarx. All Evaluation Products are offered on an “AS-IS” basis without any warranty, access and Checkmarx shall have no indemnification obligations or liability with respect to the Evaluation Products. At use BEGRAPH automatically expires at the end of the Evaluation Period, if Customer chooses not to enter into a definitive agreement with Checkmarx with respect to the Evaluation Products, Customer will promptly cease use . Upon any termination or expiration of the Evaluation Products Period, your Evaluation Access will cease and shallyou will no longer have access to any Customer Data used in connection with such Evaluation Access. Notwithstanding any other provision of this Agreement, as applicableEvaluation Access is provided “AS IS” without warranty or support of any kind, destroy all copies express or implied. Next Limit may terminate your Evaluation Access at any time for any reason and without liability of the Evaluation Products and related documentationany kind. IF YOU SUBSEQUENTLY PURCHASE A SUBSCRIPTION TO BEGRAPH, YOUR EVALUATION ACCESS SHALL IMMEDIATELY TERMINATE AND YOU EXPRESSLY AGREE THAT, UNLESS YOU HAVE A SEPARATE SIGNED AGREEMENT GOVERNING YOUR ACCESS TO AND USE OF BEGRAPH, THIS AGREEMENT, AND THE TERMS AND CONDITIONS HEREIN, SHALL GOVERN YOUR USE OF SUCH NON- EVALUATION VERSION.

Appears in 1 contract

Samples: Subscription Agreement

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