Common use of Evaluation Licenses Clause in Contracts

Evaluation Licenses. 2.2.3.1. If OEM is downloading the Software for the first time, solely for purposes of considering the purchase of a subscription to the Software, using the Software through the Free Trial section of Licensor’s website, or if a Sales Order specifies that an evaluation license is being granted thereunder, Licensor hereby grants to OEM, and OEM accepts, a nonexclusive, nontransferable, non-sub-licensable, limited right to use the Software in machine-readable, object code form, free of charge, for the purpose of evaluating whether to purchase a Software license, subject to the terms herein. OEM may use the Software during the evaluation period for internal operations, on one Authorized Server, by the Authorized Users specified upon download of the Software. The evaluation period is limited to a maximum of 14 days, unless Licensor has extended such period at its sole discretion or unless a different period is stated in the applicable Sales Order. 2.2.3.2. If OEM is a current subscriber to the Software who has agreed to participate in testing of a pending release of the Software or certain features or functionality of the Software prior to its or their general release, for purposes of identifying issues and providing feedback (a “Beta Test”), Licensor hereby grants to OEM, and OEM accepts, a nonexclusive, nontransferable, non-sub- licensable, limited right to use the Software in machine-readable, object code form, free of charge, for the purpose of participating in the Beta Test, subject to the terms herein. OEM may use the Software during the Beta Test term for internal operations, on one Authorized Server, by the Authorized Users specified upon download of the Software. The Beta Test term is limited to the period communicated by Licensor to OEM in connection with offering OEM the opportunity to participate in the Beta Test, unless Licensor has extended such period at its sole discretion. 2.2.3.3. Documentation or support may be provided at Licensor’s sole discretion for evaluation or Beta Test licenses. Each evaluation or Beta Test license shall expire at the end of the evaluation period or Beta Test term. OEM hereby acknowledges that Licensor reserves the right to terminate OEM’s evaluation or Beta Test license at any time, with or without notice. Upon expiration or termination of the evaluation or Beta Test license OEM shall immediately cease using the Software and promptly irrevocably erase it and certify to Licensor that OEM has acted accordingly. Under evaluation and Beta Test licenses, the Software is provided on an "AS IS" basis, without warranty of any kind. SUBJECT TO THE REQUIREMENTS AND LIMITATIONS, IF ANY, OF APPLICABLE LAW, IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, SATISFACTION AND MERCHANTABILITY SHALL NOT APPLY. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE SOFTWARE IS BORNE BY OEM. OEM’S SOLE RECOURSE IN THE EVENT OF ANY DISSATISFACTION WITH THE SOFTWARE IS TO STOP USING IT. This disclaimer of warranty constitutes an essential part of this Agreement.

Evaluation Licenses. 2.2.3.1. If OEM is downloading the Software for the first time, solely for purposes of considering the purchase of a subscription to the Software, using the Software through the Free Trial section of Licensor’s website, or if a Sales Order specifies that an evaluation license is being granted thereunder, Licensor hereby grants to OEM, and OEM accepts, a nonexclusive, nontransferablenon- transferable, non-sub-licensable, limited right to use the Software in machine-readable, object code form, free of charge, for the purpose of evaluating whether to purchase a Software license, subject to the terms herein. OEM may use the Software during the evaluation period for internal operations, on one up to two Authorized ServerServers, by the Authorized Users specified upon download of the Software. The evaluation period is limited to a maximum of 14 days, unless Licensor has extended such period at its sole discretion or unless a different period is stated in the applicable Sales Order. 2.2.3.2. If OEM is a current subscriber to the Software who has agreed to participate in testing of a pending release of the Software or certain features or functionality of the Software prior to its or their general release, for purposes of identifying issues and providing feedback (a “Beta Test”), Licensor hereby grants to OEM, and OEM accepts, a nonexclusive, nontransferablenon-transferable, non-sub- sub-licensable, limited right to use the Software in machine-readable, object code form, free of charge, for the purpose of participating in the Beta Test, subject to the terms herein. OEM may use the Software during the Beta Test term for internal operations, on one up to two Authorized ServerServers, by the Authorized Users specified upon download of the Software. The Beta Test term is limited to the period communicated by Licensor to OEM in connection with offering OEM the opportunity to participate in the Beta Test, unless Licensor has extended such period at its sole discretion. 2.2.3.3. Documentation or support may be provided at Licensor’s sole discretion for evaluation or Beta Test licenses. Each evaluation or Beta Test license shall expire at the end of the evaluation period or Beta Test term. OEM hereby acknowledges that Licensor reserves the right to terminate OEM’s evaluation or Beta Test license at any time, with or without notice. Upon expiration or termination of the evaluation or Beta Test license OEM shall immediately cease using the Software and promptly irrevocably erase it and certify to Licensor that OEM has acted accordingly. Under evaluation and Beta Test licenses, the Software is provided on an "AS IS" basis, without warranty of any kind. SUBJECT TO THE REQUIREMENTS AND LIMITATIONS, IF ANY, OF APPLICABLE LAW, IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, SATISFACTION AND MERCHANTABILITY SHALL NOT APPLY. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE SOFTWARE IS BORNE BY OEM. OEM’S SOLE RECOURSE IN THE EVENT OF ANY DISSATISFACTION WITH THE SOFTWARE IS TO STOP USING IT. This disclaimer of warranty constitutes an essential part of this Agreement.

Evaluation Licenses. ‌ 2.2.3.1. If OEM is downloading the Software for the first time, solely for purposes of considering the purchase of a subscription to the Software, using the Software through the Free Trial section of Licensor’s website, or if a Sales Order specifies that an evaluation license is being granted thereunder, Licensor hereby grants to OEM, and OEM accepts, a nonexclusive, nontransferablenon- transferable, non-sub-licensable, limited right to use the Software in machine-readable, object code form, free of charge, for the purpose of evaluating whether to purchase a Software license, subject to the terms herein. OEM may use the Software during the evaluation period for internal operations, on one up to two Authorized ServerServers, by the Authorized Users specified upon download of the Software. The evaluation period is limited to a maximum of 14 days, unless Licensor has extended such period at its sole discretion or unless a different period is stated in the applicable Sales Order. 2.2.3.2. If OEM is a current subscriber to the Software who has agreed to participate in testing of a pending release of the Software or certain features or functionality of the Software prior to its or their general release, for purposes of identifying issues and providing feedback (a “Beta Test”), Licensor hereby grants to OEM, and OEM accepts, a nonexclusive, nontransferablenon-transferable, non-sub- sub-licensable, limited right to use the Software in machine-readable, object code form, free of charge, for the purpose of participating in the Beta Test, subject to the terms herein. OEM may use the Software during the Beta Test term for internal operations, on one up to two Authorized ServerServers, by the Authorized Users specified upon download of the Software. The Beta Test term is limited to the period communicated by Licensor to OEM in connection with offering OEM the opportunity to participate in the Beta Test, unless Licensor has extended such period at its sole discretion. 2.2.3.3. Documentation or support may be provided at Licensor’s sole discretion for evaluation or Beta Test licenses. Each evaluation or Beta Test license shall expire at the end of the evaluation period or Beta Test term. OEM hereby acknowledges that Licensor reserves the right to terminate OEM’s evaluation or Beta Test license at any time, with or without notice. Upon expiration or termination of the evaluation or Beta Test license OEM shall immediately cease using the Software and promptly irrevocably erase it and certify to Licensor that OEM has acted accordingly. Under evaluation and Beta Test licenses, the Software is provided on an "AS IS" basis, without warranty of any kind. SUBJECT TO THE REQUIREMENTS AND LIMITATIONS, IF ANY, OF APPLICABLE LAW, IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, SATISFACTION AND MERCHANTABILITY SHALL NOT APPLY. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE SOFTWARE IS BORNE BY OEM. OEM’S SOLE RECOURSE IN THE EVENT OF ANY DISSATISFACTION WITH THE SOFTWARE IS TO STOP USING IT. This disclaimer of warranty constitutes an essential part of this Agreement.

Evaluation Licenses. 2.2.3.1. If OEM is downloading the Software for the first time, solely for purposes of considering the purchase of a subscription to the Software, using the Software through the Free Trial section of Licensor’s website, or if a Sales Order specifies that an evaluation license is being granted thereunder, Licensor hereby grants to OEM, and OEM accepts, a nonexclusive, nontransferablenon- transferable, non-sub-licensable, limited right to use the Software in machine-readable, object code form, free of charge, for the purpose of evaluating whether to purchase a Software license, subject to the terms herein. OEM may use the Software during the evaluation period for internal operations, on one Authorized Server, by the Authorized Users specified upon download of the Software. The evaluation period is limited to a maximum of 14 days, unless Licensor has extended such period at its sole discretion or unless a different period is stated in the applicable Sales Order.internal 2.2.3.2. If OEM is a current subscriber to the Software who has agreed to participate in testing of a pending release of the Software or certain features or functionality of the Software prior to its or their general release, for purposes of identifying issues and providing feedback (a “Beta Test”), Licensor hereby grants to OEM, and OEM accepts, a nonexclusive, nontransferablenon- transferable, non-sub- sub-licensable, limited right to use the Software in machine-readable, object code form, free of charge, for the purpose of participating in the Beta Test, subject to the terms herein. OEM may use the Software during the Beta Test term for internal operations, on one up to two Authorized ServerServers, by the Authorized Users specified upon download of the Software. The Beta Test term is limited to the period communicated by Licensor to OEM in connection with offering OEM the opportunity to participate in the Beta Test, unless Licensor has extended such period at its sole discretion. 2.2.3.3. Documentation or support may be provided at Licensor’s sole discretion for evaluation or Beta Test licenses. Each evaluation or Beta Test license shall expire at the end of the evaluation period or Beta Test term. OEM hereby acknowledges that Licensor reserves the right to terminate OEM’s evaluation or Beta Test license at any time, with or without notice. Upon expiration or termination of the evaluation or Beta Test license OEM shall immediately cease using the Software and promptly irrevocably erase it and certify to Licensor that OEM has acted accordingly. Under evaluation and Beta Test licenses, the Software is provided on an "AS IS" basis, without warranty of any kind. SUBJECT TO THE REQUIREMENTS AND LIMITATIONSSubject to the requirements and limitations, IF ANYif any, OF APPLICABLE LAWof applicable law, IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSEimplied terms of fitness for a particular purpose, SATISFACTION AND MERCHANTABILITY SHALL NOT APPLYsatisfactory quality and merchantability shall not apply. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE SOFTWARE IS BORNE BY The entire risk as to the quality and performance of the software is borne by OEM. OEM’S SOLE RECOURSE IN THE EVENT OF ANY DISSATISFACTION WITH THE SOFTWARE IS TO STOP USING IT’s sole recourse in the event of any dissatisfaction with the software is to stop using it. This disclaimer exclusion of warranty warranties and implied terms constitutes an essential part condition of this Agreement.Agreement.‌