Evaluation of Products. Bentley hereby grants to Subscriber, subject to its compliance with the procedures of this Section 4.6 of the SELECT Program Terms, a limited non-transferable non-exclusive right to one (1) copy per Site of each Eligible Product solely for Evaluation Use of such Product, provided that Subscriber shall have no right to evaluation copies of Products previously licensed by Subscriber. The duration of use of an evaluation copy shall not exceed thirty (30) days, and Xxxxxxx may provide the Product with a mechanism that will cause the Product to time out or expire after thirty (30) days. For the purposes of these SELECT Program Terms “Evaluation Use” shall mean: the use of a Bentley Product solely for internal evaluation of such Product. Evaluation Use expressly excludes use in connection with ongoing projects, use for compensation of any kind, and Production Use.
Evaluation of Products. Bentley hereby grants to Subscriber, subject to its compliance with the procedures of this Section 5.02(g) of Exhibit A, a limited non-transferable non-exclusive right to create, using Online SELECT (following the registration requirements published on Online SELECT), one (1) copy per Site of each Eligible Product solely for Evaluation Use of such Product, provided that Subscriber shall have no right to create evaluation copies of Products previously licensed by Subscriber. The duration of use of an evaluation copy shall not exceed thirty
Evaluation of Products. If an evaluation of any Products is required during the term of this Agreement to determine the acceptability thereof for any Customer, Vendor will provide at no charge evaluation Products for a mutually agreed-upon evaluation time period.
Evaluation of Products. This Section 7 (Evaluation of Products) only applies if the Customer has been provided evaluation access to the Products, either through a trial download of On-Premise Software or a free trial to a SaaS Subscription (“Evaluation Access”). Evaluation Access to the Products is subject to all restrictions set forth in this Agreement. In addition, Evaluation Access is provided for the sole and exclusive purpose of enabling Customer to evaluate the Product and will not be put into productive use or included as part of Customer’s business processes in any manner. Evaluation Access is provided “AS IS”, with no warranties of any kind, express or implied. Certain features may not be available for use during the period of Evaluation Access. Unless otherwise provided, the period for Evaluation Access will be fifteen (15) days, beginning on the date Dynatrace provides such access. Evaluation Access will automatically time-out at the end of the relevant evaluation period without further notice, and may be terminated by Dynatrace at any time and for any reason.
Evaluation of Products. If the Software is being installed for evaluation purposes (“Evaluation Product”), the Software may be installed for a period not exceeding that agreed by Maintel and will terminate on the date specified by Maintel unless terminated earlier in accordance with provisions of this Agreement (the “Evaluation Period”). The Evaluation Product may only be used for non-commercial use in a non-production environment. Conditioned on Licensee’s compliance with the terms and conditions of this Agreement, Maintel grants to Licensee, during the Evaluation Period, a cost-free, personal, non-sub- licensable, non-transferable, non-assignable and nonexclusive, revocable license to use the Evaluation Product, solely at the designated location agreed in writing by Maintel and solely for Licensee’s internal evaluation of the Product. Licensee may only grant access to the Evaluation Product to employees, contractors, agents or consultants who have entered into a confidentiality agreement with Licensee no less protective of Maintel’s proprietary rights than this Agreement. Upon the expiration or termination of the Evaluation Period: (i) all licenses granted hereunder for such evaluation will cease; and (ii) Licensee will immediately return the Evaluation Product to Maintel and destroy or erase any intangible copies of the Evaluation Product, and certify in a writing signed by an officer of Licensee and delivered to Maintel that all such copies of have been returned, destroyed or erased.
Evaluation of Products. If the Software is being installed for evaluation purposes (“Evaluation Product”), the Software may be installed for a period not exceeding that agreed by Tollring or its Suppliers and will terminate on the date specified by Tollring or its Suppliers unless terminated earlier in accordance with provisions of this Agreement (the “Evaluation Period”). The Evaluation Product may only be used for non-commercial use in a non-production environment. Conditioned on Licensee’s compliance with the terms and conditions of this Agreement, Tollring grants to Licensee, during the Evaluation Period, a cost-free, personal, non-sub- licensable, non-transferable, non-assignable and nonexclusive, revocable license to use the Evaluation Product, solely at the designated location agreed in writing by Tollring or its Suppliers and solely for Licensee’s internal evaluation of the Product. Licensee may only grant access to the Evaluation Product to employees, contractors, agents or consultants who have entered into a confidentiality agreement with Licensee no less protective of Tollring’s proprietary rights than this Agreement. Upon the expiration or termination of the Evaluation Period: (i) all licenses granted hereunder for such evaluation will cease; and (ii) Licensee will immediately return the Evaluation Product to Tollring and destroy or erase any intangible copies of the Evaluation Product, and certify in a writing signed by an officer of Licensee and delivered to Tollring that all such copies of have been returned, destroyed or erased.
Evaluation of Products. Purchaser shall have an opportunity to perform adequate evaluation and testing of the products prior to placing the Order. Such evaluation shall be performed in the following steps:
(i) The Purchaser shall pay a ten million dollar (US$10,000,000) refundable deposit, which such deposit may have been paid prior to execution of this Agreement.
(ii) NuMiner shall deliver, on an interim basis, twelve (12) units of Product (the "Evaluation Products"), at its sole expense, to Purchaser, initiating the Testing Period. If such Product is not delivered by February 27, 2022, the Testing Period shall be completed by June 1st, 2022.
(iii) Within five (5) business days following the conclusion of the Testing Period, the Purchaser shall be deemed to have placed a binding blanket purchase order for all of the Product units set forth in table 1.1.1.1 of Appendix A (the "Order") by the delivery dates set forth therein unless Purchaser provides written notice within such period of its election not to place the Order. Purchaser shall have the right to make such election only if the Products, as tested in accordance with mutually agreed testing protocols, are not in compliance with the specifications outlined in table 1.1.1 of Appendix A , provided, that Purchaser shall not have the right not to place the Order if Product operates at a J/T within a twenty percent (20%) +/_, to a ceiling of 20.2 J/T, of that specified in table 1.1.1 of Appendix A.
(iv) In the event Purchaser gives NuMiner written notice of its election not to place the Order, NuMiner shall repay the deposit within five (5) business days and, as of Sphere's receipt of such payment this Agreement will be deemed to be terminated and of no further force or effect.
Evaluation of Products
