Common use of Evaluation/Test License Clause in Contracts

Evaluation/Test License. If Software is licensed to Customer under an Evaluation/Test License, Customer agrees that, NOTWITHSTANDING ANYTHING TO THE CONTRARY ELSEWHERE IN THIS AGREEMENT: (i) Customer may use such Software for evaluation/test, non-production purposes only; (ii) the term (duration) of the evaluation/test license shall be as set forth in the Order Schedule but shall in no event exceed ninety (90) days; (iii) Since the Software is lent free of charge exclusively for the purposes mentioned before, Licensee shall have no claims in the event of defects in material or defects in title of the Software. This exclusion of rights in the event of defects shall not apply if MSC has fraudulently concealed a defect. (iv) MSC has no obligation to provide any Maintenance for such Software. 4.5