Common use of Free Trial Clause in Contracts

Free Trial. If Customer uses a Free Trial Service, PROS will make such Free Trial Service available to Customer on a trial basis, free of charge, until the earlier of (a) the end of the free trial period for which Customer agreed to use such Free Trial Service, (b) the start date of any Subscription Service purchased by Customer for the same service, or (c) termination of the Free Trial Service by PROS in its sole discretion. Additional trial terms and conditions may appear on the trial registration web page. Any such additional terms and conditions are incorporated into this Agreement by reference and are legally binding. Free Trial Services are provided for evaluation purposes and not for production use. Customer shall have sole responsibility and PROS assumes no liability for any Customer Data that Customer may choose to upload on the Free Trial Services. NOTWITHSTANDING SECTION 5 AND 6 ABOVE, FREE TRIAL SERVICES ARE PROVIDED “AS IS” WITH NO EXPRESS OR IMPLIED WARRANTY AND PROS SHALL HAVE NO INDEMNIFICATION OBLIGATIONS, NOR ANY LIABILITY OF ANY TYPE WITH RESPECT TO A FREE TRIAL SERVICE, UNLESS SUCH EXCLUSION OF LIABILITY IS UNENFORCEABLE UNDER APPLICABLE LAW IN WHICH CASE, PROS TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO A FREE TRIAL SERVICE IS US$1,000. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN SECTION 7 ABOVE, CUSTOMER SHALL BE FULLY LIABLE FOR ANY DAMAGES ARISING OUT OF ITS USE OF A FREE TRIAL SERVICE. ANY CUSTOMER DATA AND CONFIGURATIONS ENTERED INTO CUSTOMER’S FREE TRIAL SERVICE ACCOUNT MAY BE PERMANENTLY LOST UPON TERMINATION OF THE FREE TRIAL SERVICE.

Free Trial. If Customer uses You register on Our website for a Free Trial Servicefree trial, PROS We will make such Free Trial Service one or more Services available to Customer You on a trial basis, basis free of charge, charge until the earlier of (a) the end of the free trial period for which Customer agreed You registered to use such Free Trial Servicethe applicable Service(s), or (b) the start date of any Subscription Purchased Service purchased subscriptions ordered by Customer You for the same servicesuch Service(s), or (c) termination of the Free Trial Service by PROS Us in its our sole discretion. Additional trial terms and conditions may appear on the trial registration web page. Any such additional terms and conditions are incorporated into this Agreement by reference and are legally binding. Free Trial Services are provided for evaluation purposes and not for production useANY DATA YOU ENTER INTO THE SERVICES, AND ANY CUSTOMIZATIONS MADE TO THE SERVICES BY OR FOR YOU, DURING YOUR FREE TRIAL WILL BE PERMANENTLY LOST UNLESS YOU PURCHASE A SUBSCRIPTION TO THE SAME SERVICES AS THOSE COVERED BY THE TRIAL, PURCHASE APPLICABLE UPGRADED SERVICES, OR EXPORT SUCH DATA, BEFORE THE END OF THE TRIAL PERIOD. Customer shall have sole responsibility and PROS assumes no liability for any Customer Data that Customer may choose to upload on the Free Trial ServicesYOU CANNOT TRANSFER DATA ENTERED OR CUSTOMIZATIONS MADE DURING THE FREE TRIAL TO A SERVICE THAT WOULD BE A DOWNGRADE FROM THAT COVERED BY THE TRIAL (E.G., FROM ENTERPRISE EDITION TO PROFESSIONAL EDITION); THEREFORE, IF YOU PURCHASE A SERVICE THAT WOULD BE A DOWNGRADE FROM THAT COVERED BY THE TRIAL, YOU MUST EXPORT YOUR DATA BEFORE THE END OF THE TRIAL PERIOD OR YOUR DATA WILL BE PERMANENTLY LOST. NOTWITHSTANDING SECTION 5 9 (REPRESENTATIONS, WARRANTIES, EXCLUSIVE REMEDIES AND 6 ABOVEDISCLAIMERS), DURING THE FREE TRIAL THE SERVICES ARE PROVIDED “AS AS-IS” WITH NO EXPRESS OR IMPLIED WARRANTY AND PROS SHALL HAVE NO INDEMNIFICATION OBLIGATIONS, NOR WITHOUT ANY LIABILITY OF ANY TYPE WITH RESPECT TO A FREE TRIAL SERVICE, UNLESS SUCH EXCLUSION OF LIABILITY IS UNENFORCEABLE UNDER APPLICABLE LAW IN WHICH CASE, PROS TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO A FREE TRIAL SERVICE IS US$1,000WARRANTY. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN SECTION 7 ABOVE, CUSTOMER SHALL BE FULLY LIABLE FOR ANY DAMAGES ARISING OUT OF ITS USE OF A FREE TRIAL SERVICE. ANY CUSTOMER DATA AND CONFIGURATIONS ENTERED INTO CUSTOMER’S FREE TRIAL SERVICE ACCOUNT MAY BE PERMANENTLY LOST UPON TERMINATION OF THE FREE TRIAL SERVICEPlease review the applicable Service’s Documentation during the trial period so that You become familiar with the features and functions of the Services before You make Your purchase.

Free Trial. If Customer uses You register on our website for a Free Trial Servicefree trial, PROS We will make such Free Trial Service one or more Services available to Customer You on a trial basis, basis free of charge, charge until the earlier of (a) the end of the free trial period as per Our email notification, for which Customer agreed You registered or are registering to use such Free Trial Service, the applicable Service or (b) the start date of any Subscription Service purchased Purchased Services ordered by Customer for the same service, or (c) termination of the Free Trial Service by PROS in its sole discretionYou. Additional trial terms and conditions may appear on the trial registration web page. Any such additional terms and conditions are incorporated into this Agreement by reference and are legally bindingbinding upon You. Free Trial Services are provided for evaluation purposes and not for production useANY DATA YOU ENTER INTO THE SERVICES, AND ANY CUSTOMIZATIONS MADE TO THE SERVICES BY OR FOR YOU, DURING YOUR FREE TRIAL WILL BE PERMANENTLY LOST UNLESS YOU: (i) PURCHASE A SUBSCRIPTION TO THE SAME SERVICES AS THOSE COVERED BY THE TRIAL, (ii) PURCHASE UPGRADED SERVICES, OR (iii) EXPORT SUCH DATA, BEFORE THE END OF THE TRIAL PERIOD. Customer shall have sole responsibility and PROS assumes no liability for any Customer Data that Customer may choose to upload on the Free Trial ServicesYOU CANNOT TRANSFER DATA ENTERED OR CUSTOMIZATIONS MADE DURING THE FREE TRIAL TO A SERVICE THAT WOULD BE A DOWNGRADE FROM THAT COVERED BY THE TRIAL (E.G., FROM ENTERPRISE EDITION TO PROFESSIONAL EDITION OR FROM PROFESSIONAL EDITION TO TEAM EDITION); THEREFORE, IF YOU PURCHASE A SERVICE THAT WOULD BE A DOWNGRADE FROM THAT COVERED BY THE TRIAL, YOU MUST EXPORT YOUR DATA BEFORE THE END OF THE TRIAL PERIOD OR YOUR DATA WILL BE PERMANENTLY LOST. NOTWITHSTANDING SECTION 5 9 (WARRANTIES AND 6 ABOVEDISCLAIMERS) OR ANY OTHER PROVISIONS IN THIS AGREEMENT, DURING THE FREE TRIAL THE SERVICES ARE PROVIDED “AS AS-IS” WITH NO EXPRESS OR IMPLIED WARRANTY AND PROS SHALL HAVE NO INDEMNIFICATION OBLIGATIONS, NOR WITHOUT ANY LIABILITY OF ANY TYPE WITH RESPECT TO A FREE TRIAL SERVICE, UNLESS SUCH EXCLUSION OF LIABILITY IS UNENFORCEABLE UNDER APPLICABLE LAW IN WHICH CASE, PROS TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO A FREE TRIAL SERVICE IS US$1,000WARRANTY. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN SECTION 7 ABOVE, CUSTOMER SHALL BE FULLY LIABLE FOR ANY DAMAGES ARISING OUT OF ITS USE OF A FREE TRIAL SERVICE. ANY CUSTOMER DATA AND CONFIGURATIONS ENTERED INTO CUSTOMER’S FREE TRIAL SERVICE ACCOUNT MAY BE PERMANENTLY LOST UPON TERMINATION OF THE FREE TRIAL SERVICEPlease review the User Guide during the trial period so that You become familiar with the features and functions of the Services before You make any purchase.

Free Trial. If Customer uses You register on our website for a Free Trial Servicefree trial, PROS We will make such Free Trial Service one or more Services available to Customer You on a trial basis, basis free of charge, charge until the earlier of (a) the end of the free trial period for which Customer agreed you registered to use such Free Trial Servicethe applicable Service(s), or (b) the start date of any Subscription Purchased Service purchased subscriptions ordered by Customer You for the same service, or (c) termination of the Free Trial Service by PROS in its sole discretionsuch Service(s). Additional trial terms and conditions may appear on the a trial registration web page. Any such additional terms and conditions are incorporated into this Agreement by reference and are legally binding. Free Trial Services are provided for evaluation purposes and not for production useANY DATA YOU ENTER INTO THE SERVICES, AND ANY CUSTOMIZATIONS MADE TO THE SERVICES BY OR FOR YOU, DURING YOUR FREE TRIAL WILL BE PERMANENTLY LOST UNLESS YOU PURCHASE A SUBSCRIPTION TO THE SAME SERVICES AS THOSE COVERED BY THE TRIAL, PURCHASE UPGRADED SERVICES, OR EXPORT SUCH DATA, BEFORE THE END OF THE TRIAL PERIOD. Customer shall have sole responsibility and PROS assumes no liability for any Customer Data that Customer may choose to upload on the Free Trial ServicesYOU CANNOT TRANSFER DATA ENTERED OR CUSTOMIZATIONS MADE DURING THE FREE TRIAL TO A SERVICE THAT WOULD BE A DOWNGRADE FROM THAT COVERED BY THE TRIAL; THEREFORE, IF YOU PURCHASE A SERVICE THAT WOULD BE A DOWNGRADE FROM THAT COVERED BY THE TRIAL, YOU MUST EXPORT YOUR DATA BEFORE THE END OF THE TRIAL PERIOD OR YOUR DATA WILL BE PERMANENTLY LOST. NOTWITHSTANDING SECTION 5 9 (REPRESENTATIONS, WARRANTIES, EXCLUSIVE REMEDIES AND 6 ABOVEDISCLAIMERS), DURING THE FREE TRIAL THE SERVICES ARE PROVIDED “AS AS-IS” WITH NO EXPRESS OR IMPLIED WARRANTY AND PROS SHALL HAVE NO INDEMNIFICATION OBLIGATIONS, NOR WITHOUT ANY LIABILITY OF ANY TYPE WITH RESPECT TO A FREE TRIAL SERVICE, UNLESS SUCH EXCLUSION OF LIABILITY IS UNENFORCEABLE UNDER APPLICABLE LAW IN WHICH CASE, PROS TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO A FREE TRIAL SERVICE IS US$1,000WARRANTY. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN SECTION 7 ABOVE, CUSTOMER SHALL BE FULLY LIABLE FOR ANY DAMAGES ARISING OUT OF ITS USE OF A FREE TRIAL SERVICE. ANY CUSTOMER DATA AND CONFIGURATIONS ENTERED INTO CUSTOMER’S FREE TRIAL SERVICE ACCOUNT MAY BE PERMANENTLY LOST UPON TERMINATION OF THE FREE TRIAL SERVICEPlease review Our Documentation during the trial period so that You become familiar with the features and functions of the Services before You make Your purchase.

Free Trial. If Customer uses a Free Trial Service, PROS We will make such Free Trial Service the standard version of the Services available to Customer You on a trial basis, basis free of charge, charge until the earlier start date of (a) any Purchased Services ordered by You or the end of the free trial period for which Customer agreed to use such Free Trial Serviceyou registered, (b) the start date of any Subscription Service purchased by Customer for the same service, or (c) termination of the Free Trial Service by PROS in its sole discretionwhichever comes first. Additional trial terms and conditions may appear on the trial registration web page. Any such additional terms and conditions are incorporated into this Agreement by reference and are legally binding. Free Trial Services are provided for evaluation purposes and not for production use. Customer shall have sole responsibility and PROS assumes no liability for any Customer Data that Customer may choose to upload on the Free Trial ServicesANY DATA YOU ENTER INTO THE SERVICES, AND ANY IMPLEMENTATION MADE TO THE SERVICES BY OR FOR YOU, DURING YOUR FREE TRIAL WILL BE PERMANENTLY LOST UNLESS YOU PURCHASE A SUBSCRIPTION TO THE SAME SERVICES AS THOSE COVERED BY THE TRIAL, PURCHASE UPGRADED SERVICES, OR EXPORT SUCH DATA, BEFORE THE END OF THE TRIAL PERIOD. NOTWITHSTANDING SECTION 5 8 (WARRANTIES AND 6 ABOVEDISCLAIMERS), DURING THE FREE TRIAL TRIAL, THE SERVICES ARE PROVIDED “AS IS” WITH NO EXPRESS OR IMPLIED WARRANTY AND PROS SHALL HAVE NO INDEMNIFICATION OBLIGATIONS, NOR "AS-­IS" WITHOUT ANY LIABILITY OF ANY TYPE WITH RESPECT TO A FREE TRIAL SERVICE, UNLESS SUCH EXCLUSION OF LIABILITY IS UNENFORCEABLE UNDER APPLICABLE LAW IN WHICH CASE, PROS TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO A FREE TRIAL SERVICE IS US$1,000WARRANTY. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN SECTION 7 ABOVEHEREIN, CUSTOMER SHALL BE FULLY LIABLE FOR WE MAY IMMEDIATELY, UPON NOTICE AND WITHOUT THE OPPORTUNITY TO CURE, TERMINATE YOUR ACCESS TO THE SERVICES DURING ANY DAMAGES ARISING OUT OF ITS USE OF A FREE TRIAL SERVICEPERIOD IF YOU AND/OR YOUR USERS MATERIALLY BREACH THIS AGREEMENT. ANY CUSTOMER DATA AND CONFIGURATIONS ENTERED INTO CUSTOMER’S FREE TRIAL SERVICE ACCOUNT MAY BE PERMANENTLY LOST UPON TERMINATION OF THE FREE TRIAL SERVICEPlease review the Documentation during the trial period so that You become familiar with the features and functions of the Services before You make Your purchase.

Free Trial. If agreed in writing by Illumina (including if Illumina approves and issues a free trial license key if applicable) and if Customer uses is a Free Trial new customer of the Subject Service, PROS will make such Free Trial Service available to Customer on a trial basismay receive limited, free trial access to the Subject Service (“Free Trial”), subject to the terms and conditions of chargethis Agreement, until before submitting an order for purchasing access to the earlier Subject Service. During the Free Trial, Customer may analyze using the Subject Service, or send to Illumina for Illumina for analysis with the Subject Service, up to ten cases’ worth of de-identified samples and tumor-normal pairs (“Trial Data”), or up to the maximum Trial Data specified in Customer’s no-fee quotation or otherwise agreed between the parties, and Customer may exercise the rights granted in Section 1(a)-(b) solely for the purpose of analyzing and creating reports using the Trial Data, and not any other Data. Customer warrants, represents, and covenants that: (a) the Trial Data will have been obtained under informed subject consent and with approval of all applicable institutional review boards and other research oversight committees for use consistent with this Agreement; (b) Customer has the right to provide the Trial Data to Illumina for use in accordance with this Agreement; and (c) all Trial Data will have been de-identified and anonymized, and will not contain, or be transmitted with, personally identifiable subject information. At any time during the Free Trial, Customer may purchase access to the Subject Service by placing an order with Illumina. Customer’s continued use of the Subject Service following the Free Trial is subject to the terms and conditions of this Agreement. Illumina reserves the right to delete the Trial Data following the Free Trial to the extent that Customer does not purchase a paid subscription to the Subject Services within seven days following the end of the free trial period for which Customer agreed to use such Free Trial Service, (b) the start date of any Subscription Service purchased by Customer for the same service, or (c) termination of the Free Trial Service by PROS in its sole discretion. Additional trial terms and conditions may appear on the trial registration web page. Any such additional terms and conditions are incorporated into this Agreement by reference and are legally binding. Free Trial Services are provided for evaluation purposes and not for production use. Customer shall have sole responsibility and PROS assumes no liability for any Customer Data that Customer may choose to upload on the Free Trial Services. NOTWITHSTANDING SECTION 5 AND 6 ABOVE, FREE TRIAL SERVICES ARE PROVIDED “AS IS” WITH NO EXPRESS OR IMPLIED WARRANTY AND PROS SHALL HAVE NO INDEMNIFICATION OBLIGATIONS, NOR ANY LIABILITY OF ANY TYPE WITH RESPECT TO A FREE TRIAL SERVICE, UNLESS SUCH EXCLUSION OF LIABILITY IS UNENFORCEABLE UNDER APPLICABLE LAW IN WHICH CASE, PROS TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO A FREE TRIAL SERVICE IS US$1,000Trial. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN SECTION 7 ABOVETHIS AGREEMENT, CUSTOMER TO THE EXTENT PERMITTED BY APPLICABLE LAW, ILLUMINA DOES NOT PROVIDE ANY WARRANTY, SUPPORT OR INDEMNIFICATION, AND ILLUMINA SHALL BE FULLY LIABLE HAVE NO LIABILITY OF ANY KIND WITH RESPECT TO THE SERVICES FOR ANY DAMAGES ARISING OUT OF ITS USE OF A FREE TRIAL SERVICE. ANY CUSTOMER DATA AND CONFIGURATIONS ENTERED INTO CUSTOMER’S FREE TRIAL SERVICE ACCOUNT MAY BE PERMANENTLY LOST UPON TERMINATION OF THE FREE TRIAL SERVICETRIAL.

Free Trial. If Customer uses You register on Our website for a Free Trial Servicefree trial or otherwise take advantage of free use of Our Service(s), PROS We will make such Free Trial Service one or more Services available to Customer You on a trial basis, basis free of charge, charge until the earlier of (a) the end of the free trial period for which Customer agreed You registered to use such Free Trial Servicethe applicable Service(s), or (b) the start date of any Subscription Purchased Service purchased subscriptions ordered by Customer You for the same service, or (c) termination of the Free Trial Service by PROS in its sole discretionsuch Service(s). Additional trial terms and conditions may appear on the trial registration web page. Any such additional terms and conditions are incorporated into this Agreement by reference and are legally binding. Free Trial Services are provided for evaluation purposes and not for production use. Customer shall have sole responsibility and PROS assumes no liability for any Customer Data that Customer may choose to upload on the Free Trial ServicesANY DATA YOU ENTER INTO THE SERVICES, AND ANY CUSTOMIZATIONS MADE TO THE SERVICES BY OR FOR YOU, DURING YOUR FREE TRIAL WILL BE PERMANENTLY LOST UNLESS YOU PURCHASE A SUBSCRIPTION TO THE SAME SERVICES AS THOSE COVERED BY THE TRIAL, PURCHASE UPGRADED SERVICES, OR EXPORT SUCH DATA, BEFORE THE END OF THE TRIAL PERIOD. NOTWITHSTANDING SECTION 5 8 (REPRESENTATIONS, WARRANTIES, AND 6 ABOVEDISCLAIMERS), DURING THE FREE TRIAL THE SERVICES ARE PROVIDED “AS AS-IS” WITH NO EXPRESS OR IMPLIED WARRANTY AND PROS SHALL HAVE NO INDEMNIFICATION OBLIGATIONS, NOR WITHOUT ANY LIABILITY OF ANY TYPE WITH RESPECT TO A FREE TRIAL SERVICE, UNLESS SUCH EXCLUSION OF LIABILITY IS UNENFORCEABLE UNDER APPLICABLE LAW IN WHICH CASE, PROS TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO A FREE TRIAL SERVICE IS US$1,000WARRANTY. Section 10.1 is amended for Service(s) provided under this section to limit liability with respect to any incident arising out of or related to the use of the Service(s) to the annual amount of our standard SaaS fee for the Service(s). NOTWITHSTANDING ANYTHING TO THE CONTRARY IN SECTION 7 ABOVE, CUSTOMER SHALL BE FULLY LIABLE FOR ANY DAMAGES ARISING OUT OF ITS USE OF A FREE TRIAL SERVICE. ANY CUSTOMER DATA AND CONFIGURATIONS ENTERED INTO CUSTOMER’S FREE TRIAL SERVICE ACCOUNT MAY BE PERMANENTLY LOST UPON TERMINATION OF THE FREE TRIAL SERVICEPlease review the applicable Documentation during the trial period so that You become familiar with the features and functions of the Services before You make Your purchase.

Free Trial. If Customer uses Licensee registers for any Software on a Free Trial Servicefree trial, PROS evaluation or demonstration basis through Cognex’s website, Cognex will make such Free Trial Service Software available to Customer Licensee on a trial basis, basis free of charge, charge until the earlier of (a) the end of the free trial period for which Customer agreed Licensee registered to use such Free Trial Servicethe Software, or (b) the start date of any Subscription Service purchased subscriptions or license term in one or more Order Forms ordered by Customer Licensee and accepted by Cognex for the same servicesuch Software, or (c) termination of the Free Trial Service by PROS Cognex in its Cognex’s sole discretion. Additional trial terms and conditions may appear on the trial registration web page. Any such additional terms and conditions are incorporated into this Agreement by reference and are legally binding. Free Trial Services are provided for evaluation purposes and not for production use. Customer shall have sole responsibility and PROS assumes no liability for any Customer Data that Customer may choose to upload on the Free Trial Services. NOTWITHSTANDING SECTION 5 ANY DATA LICENSEE ENTERS INTO THE SOFTWARE, AND 6 ABOVEANY CUSTOMIZATIONS MADE TO THE SOFTWARE BY OR FOR LICENSEE, DURING LICENSEE’S FREE TRIAL SERVICES ARE PROVIDED “WILL BE PERMANENTLY LOST UNLESS LICENSEE ORDERS THE SAME SOFTWARE AS IS” WITH NO EXPRESS COVERED BY THE TRIAL, OR IMPLIED WARRANTY AND PROS SHALL HAVE NO INDEMNIFICATION OBLIGATIONSEXPORTS SUCH DATA, NOR ANY LIABILITY BEFORE THE END OF ANY TYPE WITH RESPECT TO A FREE THE TRIAL SERVICE, UNLESS SUCH EXCLUSION OF LIABILITY IS UNENFORCEABLE UNDER APPLICABLE LAW IN WHICH CASE, PROS TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO A FREE TRIAL SERVICE IS US$1,000PERIOD. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN SECTION 7 ABOVETHIS AGREEMENT, CUSTOMER SHALL BE FULLY LIABLE FOR ANY DAMAGES ARISING OUT OF ITS USE OF A FREE TRIAL SERVICE. ANY CUSTOMER DATA AND CONFIGURATIONS ENTERED INTO CUSTOMER’S FREE TRIAL SERVICE ACCOUNT MAY BE PERMANENTLY LOST UPON TERMINATION OF DURING THE FREE TRIAL SERVICEPERIOD THE SOFTWARE IS PROVIDED “AS-IS” WITHOUT ANY WARRANTY OF ANY KIND WHATSOEVER, WHETHER EXPRESS, IMPLIED OR STATUTORY, AND COGNEX DISCLAIMS ANY AND ALL SUCH WARRANTIES. BY DOWNLOADING, ACCESSING OR USING THE SOFTWARE ON SUCH A BASIS, LICENSEE ACCEPTS THE SOFTWARE ON AN “AS IS” BASIS AND WAIVES ALL EXPRESS AND IMPLIED WARRANTIES AND CONDITIONS DURING SUCH PERIOD OF USE. NO SUPPORT OR SERVICE LEVEL OBLIGATIONS OF COGNEX SHALL APPLY TO SUCH FREE TRIAL USE.

Free Trial. If Customer uses a Free Trial Service, PROS will make such Free Trial Service available to Customer on a trial basis, free of charge, until the earlier of (a) the end of the free trial period for which Customer agreed to use such Free Trial Service, (b) the start date of any Subscription Service purchased by Customer for the same service, or (c) termination of the Free Trial Service by PROS in its sole discretion. Additional trial terms and conditions may appear on the trial registration web page. Any such additional terms and conditions are incorporated into this Agreement by reference and are legally binding. Free Trial Services are provided for evaluation purposes and not for production use. Customer shall have sole responsibility and PROS assumes no liability for any Customer Data that Customer may choose to upload on the Free Trial Services. NOTWITHSTANDING SECTION 5 AND 6 ABOVE, FREE TRIAL SERVICES ARE PROVIDED “AS IS” WITH NO EXPRESS OR IMPLIED WARRANTY AT ALL AND PROS SHALL HAVE NO INDEMNIFICATION OBLIGATIONS, NOR ANY LIABILITY OF ANY TYPE WITH RESPECT TO A FREE TRIAL SERVICE, UNLESS SUCH EXCLUSION OF LIABILITY IS UNENFORCEABLE UNDER APPLICABLE LAW IN WHICH CASE, PROS TOTAL AGGREGATE MAXIMUM LIABILITY ARISING OUT OF OR RELATING TO A FREE TRIAL SERVICE IS US$1,000. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN SECTION 7 ABOVE, CUSTOMER SHALL BE FULLY LIABLE FOR ANY DAMAGES ARISING OUT OF ITS USE OF A FREE TRIAL SERVICE. ANY CUSTOMER DATA AND CONFIGURATIONS ENTERED INTO CUSTOMER’S FREE TRIAL SERVICE ACCOUNT MAY BE PERMANENTLY LOST UPON TERMINATION OF THE FREE TRIAL SERVICE.

Free Trial. If Customer uses You register on Our website for a Free Trial Servicefree trial, PROS We will make such Free Trial Service one or more Services available to Customer You on a trial basis, basis free of charge, charge until the earlier of (a) the end of the free trial period for which Customer agreed You registered to use such Free Trial Servicethe applicable Service(s), or (b) the start date of any Subscription Purchased Service purchased subscriptions ordered by Customer You for the same servicesuch Service(s), or (c) termination of the Free Trial Service by PROS Us in its our sole discretion. Additional trial terms and conditions may appear on the trial registration web page. Any such additional terms and conditions are incorporated into this Agreement by reference and are legally binding. Free Trial Services are provided for evaluation purposes and not for production useANY DATA YOU ENTER INTO THE SERVICES, AND ANY CUSTOMIZATIONS MADE TO THE SERVICES BY OR FOR YOU, DURING YOUR FREE TRIAL WILL BE PERMANENTLY LOST UNLESS YOU PURCHASE A SUBSCRIPTION TO THE SAME SERVICES AS THOSE COVERED BY THE TRIAL, PURCHASE APPLICABLE UPGRADED SERVICES, OR EXPORT SUCH DATA, BEFORE THE END OF THE TRIAL PERIOD. Customer shall have sole responsibility and PROS assumes no liability for any Customer Data that Customer may choose to upload on the Free Trial ServicesYOU CANNOT TRANSFER DATA ENTERED OR CUSTOMIZATIONS MADE DURING THE FREE TRIAL TO A SERVICE THAT WOULD BE A DOWNGRADE FROM THAT COVERED BY THE TRIAL; THEREFORE, IF YOU PURCHASE A SERVICE THAT WOULD BE A DOWNGRADE FROM THAT COVERED BY THE TRIAL, YOU MUST EXPORT YOUR DATA BEFORE THE END OF THE TRIAL PERIOD OR YOUR DATA WILL BE PERMANENTLY LOST. NOTWITHSTANDING SECTION 5 9 (REPRESENTATIONS, WARRANTIES, EXCLUSIVE REMEDIES AND 6 ABOVEDISCLAIMERS), DURING THE FREE TRIAL TRIAL, THE SERVICES ARE PROVIDED “AS "AS-IS” WITH NO EXPRESS OR IMPLIED WARRANTY AND PROS SHALL HAVE NO INDEMNIFICATION OBLIGATIONS, NOR " WITHOUT ANY LIABILITY OF ANY TYPE WITH RESPECT TO A FREE TRIAL SERVICE, UNLESS SUCH EXCLUSION OF LIABILITY IS UNENFORCEABLE UNDER APPLICABLE LAW IN WHICH CASE, PROS TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO A FREE TRIAL SERVICE IS US$1,000WARRANTY. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN SECTION 7 ABOVE, CUSTOMER SHALL BE FULLY LIABLE FOR ANY DAMAGES ARISING OUT OF ITS USE OF A FREE TRIAL SERVICE. ANY CUSTOMER DATA AND CONFIGURATIONS ENTERED INTO CUSTOMER’S FREE TRIAL SERVICE ACCOUNT MAY BE PERMANENTLY LOST UPON TERMINATION OF THE FREE TRIAL SERVICEPlease review the applicable Service's Documentation during the trial period so that You become familiar with the features and functions of the Services before You make Your purchase.

Free Trial. If Customer uses You register on Our website for a Free Trial Servicefree trial, PROS We will cause SFDC to make such Free Trial Service one or more Services available to Customer You on a trial basis, basis free of charge, charge until the earlier of (a) the end of the free trial period for which Customer agreed You registered to use such Free Trial Servicethe applicable Service(s), or (b) the start date of any Subscription No Charge Services, or Discounted Service purchased subscriptions ordered by Customer You for the same servicesuch Service(s), or (c) termination of the Free Trial Service by PROS Us in its our sole discretion. Additional trial terms and conditions may appear on the trial registration web page. Any such additional terms and conditions are incorporated into this Agreement by reference and are legally binding. Free Trial Services are provided for evaluation purposes and not for production useANY DATA YOU ENTER INTO THE SERVICES, AND ANY CUSTOMIZATIONS MADE TO THE SERVICES BY OR FOR YOU, DURING YOUR FREE TRIAL WILL BE PERMANENTLY LOST UNLESS YOU EITHER RECEIVE THE SAME SERVICES AS NO CHARGE SERVICES (SUBJECT TO SECTION 2.1) OR PURCHASE A SUBSCRIPTION TO THE SAME DISCOUNTED SERVICES AS THOSE COVERED BY THE TRIAL, PURCHASE APPLICABLE UPGRADED SERVICES, OR EXPORT SUCH DATA, BEFORE THE END OF THE TRIAL PERIOD. Customer shall have sole responsibility and PROS assumes no liability for any Customer Data that Customer may choose to upload on the Free Trial ServicesYOU CANNOT TRANSFER DATA ENTERED OR CUSTOMIZATIONS MADE DURING THE FREE TRIAL TO A SERVICE THAT WOULD BE A DOWNGRADE FROM THAT COVERED BY THE TRIAL (E.G., FROM ENTERPRISE EDITION TO PROFESSIONAL EDITION); THEREFORE, IF YOU PURCHASE A SERVICE THAT WOULD BE A DOWNGRADE FROM THAT COVERED BY THE TRIAL, YOU MUST EXPORT YOUR DATA BEFORE THE END OF THE TRIAL PERIOD OR YOUR DATA WILL BE PERMANENTLY LOST. NOTWITHSTANDING SECTION 5 10 (REPRESENTATIONS, WARRANTIES, EXCLUSIVE REMEDIES AND 6 ABOVEDISCLAIMERS), DURING THE FREE TRIAL THE SERVICES ARE PROVIDED “AS AS-IS” WITH NO EXPRESS OR IMPLIED WARRANTY AND PROS SHALL HAVE NO INDEMNIFICATION OBLIGATIONS, NOR WITHOUT ANY LIABILITY OF ANY TYPE WITH RESPECT TO A FREE TRIAL SERVICE, UNLESS SUCH EXCLUSION OF LIABILITY IS UNENFORCEABLE UNDER APPLICABLE LAW IN WHICH CASE, PROS TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO A FREE TRIAL SERVICE IS US$1,000WARRANTY. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN SECTION 7 ABOVE, CUSTOMER SHALL BE FULLY LIABLE FOR ANY DAMAGES ARISING OUT OF ITS USE OF A FREE TRIAL SERVICE. ANY CUSTOMER DATA AND CONFIGURATIONS ENTERED INTO CUSTOMER’S FREE TRIAL SERVICE ACCOUNT MAY BE PERMANENTLY LOST UPON TERMINATION OF THE FREE TRIAL SERVICEPlease review the applicable Service’s Documentation during the trial period so that You become familiar with the features and functions of the Services before You make Your purchase.

Free Trial. If Customer uses You register on our website for a Free Trial Servicefree trial, PROS We will make such Free Trial Service one or more Services available to Customer You on a trial basis, basis free of charge, charge until the earlier of (a) the end of the free trial period for which Customer agreed you registered or are registering to use such Free Trial Service, the applicable Service or (b) the start date of any Subscription Service purchased Purchased Services ordered by Customer for the same service, or (c) termination of the Free Trial Service by PROS in its sole discretionYou. Additional trial terms and conditions may appear on the trial registration web page. Any such additional terms and conditions are incorporated into this Agreement by reference and are legally binding. Free Trial Services are provided for evaluation purposes and not for production use. Customer shall have sole responsibility and PROS assumes no liability for any Customer Data that Customer may choose to upload on the Free Trial Services. NOTWITHSTANDING SECTION 5 ANY DATA YOU ENTER INTO THE SERVICES, AND 6 ABOVEANY CUSTOMIZATIONS MADE TO THE SERVICES BY OR FOR YOU, DURING YOUR FREE TRIAL SERVICES ARE PROVIDED “AS IS” WITH NO EXPRESS OR IMPLIED WARRANTY AND PROS SHALL HAVE NO INDEMNIFICATION OBLIGATIONS, NOR ANY LIABILITY OF ANY TYPE WITH RESPECT TO A FREE TRIAL SERVICE, UNLESS SUCH EXCLUSION OF LIABILITY IS UNENFORCEABLE UNDER APPLICABLE LAW IN WHICH CASE, PROS TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO A FREE TRIAL SERVICE IS US$1,000. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN SECTION 7 ABOVE, CUSTOMER SHALL BE FULLY LIABLE FOR ANY DAMAGES ARISING OUT OF ITS USE OF A FREE TRIAL SERVICE. ANY CUSTOMER DATA AND CONFIGURATIONS ENTERED INTO CUSTOMER’S FREE TRIAL SERVICE ACCOUNT MAY WILL BE PERMANENTLY LOST UPON TERMINATION UNLESS YOU PURCHASE A SUBSCRIPTION TO THE SAME SERVICES AS THOSE COVERED BY THE TRIAL, PURCHASE UPGRADED SERVICES, OR EXPORT SUCH DATA, BEFORE THE END OF THE TRIAL PERIOD. YOU CANNOT TRANSFER DATA ENTERED OR CUSTOMIZATIONS MADE DURING THE FREE TRIAL SERVICETO A SERVICE THAT WOULD BE A DOWNGRADE FROM THAT COVERED BY THE TRIAL (E.G., FROM ENTERPRISE EDITION TO PROFESSIONAL EDITION OR FROM PROFESSIONAL EDITION TO GROUP EDITION); THEREFORE, IF YOU PURCHASE A SERVICE THAT WOULD BE A DOWNGRADE FROM THAT COVERED BY THE TRIAL, YOU MUST EXPORT YOUR DATA BEFORE THE END OF THE TRIAL PERIOD OR YOUR DATA WILL BE PERMANENTLY LOST. Please review the User Guide during the trial period so that You become familiar with the features and functions of the Services before You make Your purchase.

Free Trial. If Customer uses With regard to any permitted access to and use of a Service by Company related to a free trial, free use, evaluation, license key extension, or other non-production use authorized by Sonatype (the “Free Trial ServiceUse”), PROS will Xxxxxxxx agrees, subject to the terms set forth in this Section and this Agreement, to make such Free Trial Service available to Customer Company for a term to expire on a trial basis, free of charge, until the earlier of of: (a) the end of the free trial period for which Customer agreed Company is granted access to use such Free Trial Use of a Service, ; or (b) the start date of any Subscription for such Service purchased by Customer for Company from Sonatype (the same service“Free Use Period”); provided, or (c) termination of that Sonatype may terminate the Free Trial Service by PROS in Use Period at its sole discretiondiscretion by providing notice to Company. In the event of a conflict between this Section and any other portion of this Agreement, this Section shall control. Additional trial terms and conditions governing such Free Use may appear on the trial registration web page. Any be imposed by Sonatype, and any such additional terms and conditions are incorporated into this Agreement by reference and are legally binding. Free Trial Services are provided for evaluation purposes and not for production useANY COMPANY DATA THAT COMPANY ENTERS INTO THE SERVICEE, AND ANY PERMITTED CUSTOMIZATIONS MADE TO THE SERVICE BY OR FOR COMPANY, DURING THE FREE USE PERIOD WILL BE PERMANENTLY LOST UNLESS (a) COMPANY PURCHASES A SUBSCRIPTION TO THE SAME SERVICE AS THOSE COVERED BY THE FREE USE OR (b) EXPORTS SUCH COMPANY DATA BEFORE THE END OF THE FREE USE PERIOD. Customer shall have sole responsibility and PROS assumes no liability for any Customer Data that Customer may choose to upload on the Free Trial ServicesCOMPANY CANNOT TRANSFER DATA ENTERED OR CUSTOMIZATIONS MADE DURING THE FREE USE PERIOD TO A SERVICE THAT WOULD BE A DOWNGRADE FROM THAT USED DURING THE FREE USE PERIOD AND, THEREFORE, IF COMPANY PURCHASES A SUBSCRIPTION TO A SERVICE THAT WOULD BE A DOWNGRADE COMPANY MUST EXPORT ITS DATA BEFORE THE END OF THE FREE USE PERIOD OR IT WILL BE PERMANENTLY LOST. NOTWITHSTANDING SECTION 5 8 (WARRANTIES AND 6 ABOVEDISCLAIMERS), SECTION 9 (INDEMNIFICATION), AND SECTION 10 (LIMITATION OF LIABILITY), DURING THE FREE TRIAL SERVICES ARE USE PERIOD THE SERVICE IS PROVIDED “AS AS-IS” WITH NO EXPRESS OR IMPLIED WITHOUT ANY WARRANTY AND PROS SONATYPE SHALL HAVE NO INDEMNIFICATION OBLIGATIONS, OBLIGATIONS NOR ANY LIABILITY OF ANY TYPE WITH RESPECT TO A FREE TRIAL SERVICE, THE SERVICE UNLESS SUCH EXCLUSION OF LIABILITY IS UNENFORCEABLE NOT ENFORCEABLE UNDER APPLICABLE LAW IN WHICH CASE, PROS TOTAL CASE SONATYPE’S AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO A FREE TRIAL SERVICE IS US$1,000. NOTWITHSTANDING ANYTHING WITH RESPECT TO THE CONTRARY IN SECTION 7 ABOVE, CUSTOMER SHALL BE FULLY LIABLE FOR ANY DAMAGES ARISING OUT OF ITS USE OF A FREE TRIAL SERVICE. ANY CUSTOMER DATA AND CONFIGURATIONS ENTERED INTO CUSTOMER’S FREE TRIAL SERVICE ACCOUNT MAY BE PERMANENTLY LOST UPON TERMINATION OF SERVICIE PROVIDED TO COMPANY DURING THE FREE TRIAL SERVICEUSE PERIOD SHALL NOT EXCEED $1,000.00.

Free Trial. If Customer uses registers for a Free Trial Servicefree trial of any of the Services, PROS Kudu will make such Free Trial Service the applicable Service(s) available to Customer on a trial basis, basis free of charge, charge until the earlier of (a) the end of the free trial period for which Customer agreed registered to use such Free Trial Servicethe applicable Service(s), or (b) the start date of any Subscription purchased Service purchased subscription ordered by Customer for the same servicesuch Service(s), or (c) termination of the Free Trial Service by PROS Kudu in its sole discretion. Additional trial terms and conditions may appear on the trial registration web page. Any such additional terms and conditions are incorporated into this Agreement by reference and are legally binding. Free Trial Services are provided for evaluation purposes and not for production usereference. Customer shall have sole responsibility review the applicable Service’s documentation during the trial period to become familiar with the features and PROS assumes no liability functions of the Services before making a purchase. Any data Customer enters into the Services, and any customizations made to the Services by or for any Customer, during Customer’s free trial will be PERMANENTLY LOST unless customer purchases a subscription to the same Services as those covered by the trial, purchases applicable upgraded Services, or exports such data, before the end of the trial period. Customer Data cannot transfer data entered or customizations made during the free trial to a Service that would be a downgrade from that covered by the trial. Therefore, if Customer may choose to upload on purchases a service that would be a downgrade from that covered by the Free Trial Servicestrial, Customer must export Customer data before the end of the trial period or Customer data will be permanently lost. NOTWITHSTANDING THE WARRANTIES AND DISCLAIMERS IN SECTION 5 6 AND 6 ABOVEINDEMNIFICATION PROVISIONS IN SECTION 7 BELOW, DURING THE FREE TRIAL THE SERVICES ARE PROVIDED “AS AS-IS” WITH NO EXPRESS OR IMPLIED WITHOUT ANY WARRANTY AND PROS KUDU SHALL HAVE NO INDEMNIFICATION OBLIGATIONS, OBLIGATIONS NOR ANY LIABILITY OF ANY TYPE WITH RESPECT TO A THE SERVICES FOR THE FREE TRIAL SERVICE, PERIOD UNLESS SUCH EXCLUSION OF LIABILITY IS UNENFORCEABLE NOT ENFORCEABLE UNDER APPLICABLE LAW IN WHICH CASE, PROS TOTAL AGGREGATE CASE KUDU’S LIABILITY ARISING OUT OF OR RELATING WITH RESPECT TO A THE SERVICES PROVIDED DURING THE FREE TRIAL SERVICE IS US$1,000SHALL NOT EXCEED $500.00. NOTWITHSTANDING ANYTHING WITHOUT LIMITING THE FOREGOING, KUDU AND ITS LICENSORS DO NOT REPRESENT OR WARRANT TO CUSTOMER THAT: (A) CUSTOMER’S USE OF THE CONTRARY IN SECTION 7 ABOVESERVICES DURING THE FREE TRIAL PERIOD WILL MEET CUSTOMER’S REQUIREMENTS, AND (B) CUSTOMER’S USE OF THE SERVICES DURING THE FREE TRIAL PERIOD WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR. CUSTOMER SHALL BE FULLY LIABLE UNDER THIS AGREEMENT TO KUDU FOR ANY DAMAGES ARISING OUT OF ITS CUSTOMER’S USE OF A FREE TRIAL SERVICE. ANY CUSTOMER DATA AND CONFIGURATIONS ENTERED INTO CUSTOMER’S FREE TRIAL SERVICE ACCOUNT MAY BE PERMANENTLY LOST UPON TERMINATION OF THE SERVICES DURING THE FREE TRIAL SERVICEPERIOD, ANY BREACH BY CUSTOMER OF THIS AGREEMENT AND ANY OF CUSTOMER’S INDEMNIFICATION OBLIGATIONS HEREUNDER.

Free Trial. If Customer uses registers on Networcx’s or an Affiliate’s website for a Free Trial Servicefree trial, PROS Networcx will make such Free Trial Service the applicable Service(s) available to Customer on a trial basis, basis free of charge, charge until the earlier of (ai) the end of the free trial period for which Customer agreed registered to use such Free Trial Servicethe applicable Service(s), or (bii) the start date of any Subscription Purchased Service purchased subscriptions ordered by Customer for the same servicesuch Service(s), or (ciii) termination of the Free Trial Service by PROS Networcx in its sole discretion. Additional trial terms and conditions may appear on the trial registration web page. Any such additional terms and conditions are incorporated into this Agreement by reference and are legally binding. Any data Customer enters into the Services, and any customizations made to the Services by or for Customer, during Customer’s free trial will be permanently lost unless Customer purchases a Subscription to the same Services as those covered by the Trail, purchases applicable upgraded Services, or exports such data, before the end of the Trial period. Customer cannot transfer data entered or customizations made during the Free Trial to a Service that would be a downgrade from that covered by the Trial; therefore, if Customer purchases a Service that would be a downgrade from that covered by the Trial, Customer must export Customer data before the end of the Trial period or Customer data will be permanently lost. Notwithstanding the “Representations, Warranties, Exclusive Remedies and Disclaimers” section and “Indemnification by Networcx” section below, during the Free Trial the Services are provided “As-Is” without any Warranty and Networcx shall have no indemnification obligations nor liability of any type with respect to the Services for evaluation purposes the Free Trial period unless such exclusion of liability is not enforceable under applicable law in which case Networcx’s liability with respect to the Services provided during the Free Trial shall not exceed CHF 500.00. Without limiting the foregoing, Networcx and its affiliates and licensors do not represent or warrant to Customer that: (i) Customer’s use of the Services during the Free Trial period will meet Customer’s requirements, (ii) Customer’s use of the Services during the Free Trial period will be uninterrupted, timely, secure or free from error, and (iii) usage data provided during the Free Trial period will be accurate. Notwithstanding anything to the contrary in the “Limitation of Liability” section below, Customer shall be fully liable under this Agreement to Networcx and its affiliates for production useany damages arising out of Customer’s use of the Services during the Free Trial period, any breach by Customer of this Agreement and any of Customer’s indemnification obligations hereunder. Customer shall have sole responsibility review the applicable Service’s documentation during the Trial period to become familiar with the features and PROS assumes no liability for any Customer Data that Customer may choose to upload on functions of the Free Trial Services. NOTWITHSTANDING SECTION 5 AND 6 ABOVE, FREE TRIAL SERVICES ARE PROVIDED “AS IS” WITH NO EXPRESS OR IMPLIED WARRANTY AND PROS SHALL HAVE NO INDEMNIFICATION OBLIGATIONS, NOR ANY LIABILITY OF ANY TYPE WITH RESPECT TO A FREE TRIAL SERVICE, UNLESS SUCH EXCLUSION OF LIABILITY IS UNENFORCEABLE UNDER APPLICABLE LAW IN WHICH CASE, PROS TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO A FREE TRIAL SERVICE IS US$1,000. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN SECTION 7 ABOVE, CUSTOMER SHALL BE FULLY LIABLE FOR ANY DAMAGES ARISING OUT OF ITS USE OF A FREE TRIAL SERVICE. ANY CUSTOMER DATA AND CONFIGURATIONS ENTERED INTO CUSTOMER’S FREE TRIAL SERVICE ACCOUNT MAY BE PERMANENTLY LOST UPON TERMINATION OF THE FREE TRIAL SERVICEServices before making a purchase.

Free Trial. If Customer uses You register on our website for a Free Trial Servicefree trial, PROS if available, we will make such Free Trial Service one or more Services available to Customer You on a trial basis, basis free of charge, charge until the earlier of (a) the end of the free trial period for which Customer agreed you registered to use such Free Trial Servicethe applicable Service(s), or (b) the start date of any Subscription Purchased Service purchased subscriptions ordered by Customer You for the same service, or (c) termination of the Free Trial Service by PROS in its sole discretionsuch Service(s). Additional trial terms and conditions may appear on the trial registration web page. Any such additional terms and conditions are incorporated into this Agreement by reference and are legally binding. Free Trial Services are provided for evaluation purposes and not for production useANY DATA YOU ENTER INTO THE SERVICES, AND IF ANY CUSTOMIZATIONS MADE TO THE SERVICES BY OR FOR YOU, DURING YOUR FREE TRIAL WILL BE PERMANENTLY LOST UNLESS YOU PURCHASE A SUBSCRIPTION TO THE SAME SERVICES AS THOSE COVERED BY THE TRIAL, PURCHASE UPGRADED SERVICES, BEFORE THE END OF THE TRIAL PERIOD. Customer shall have sole responsibility and PROS assumes no liability for any Customer Data that Customer may choose to upload on the Free Trial ServicesYOU CANNOT TRANSFER DATA ENTERED OR CUSTOMIZATIONS MADE DURING THE FREE TRIAL TO A SERVICE THAT WOULD BE A DOWNGRADE FROM THAT COVERED BY THE TRIAL. THEREFORE, IF YOU PURCHASE A SERVICE THAT WOULD BE A DOWNGRADE FROM THAT COVERED BY THE TRIAL, YOUR DATA WILL BE PERMANENTLY LOST BY THE END OF THE TRIAL PERIOD. NOTWITHSTANDING SECTION 5 REPRESENTATIONS, WARRANTIES, EXCLUSIVE REMEDIES AND 6 ABOVEDISCLAIMERS, DURING THE FREE TRIAL THE SERVICES ARE PROVIDED “AS AS-IS” WITH NO EXPRESS OR IMPLIED WARRANTY AND PROS SHALL HAVE NO INDEMNIFICATION OBLIGATIONS, NOR WITHOUT ANY LIABILITY OF ANY TYPE WITH RESPECT TO A FREE TRIAL SERVICE, UNLESS SUCH EXCLUSION OF LIABILITY IS UNENFORCEABLE UNDER APPLICABLE LAW IN WHICH CASE, PROS TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO A FREE TRIAL SERVICE IS US$1,000. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN SECTION 7 ABOVE, CUSTOMER SHALL BE FULLY LIABLE FOR ANY DAMAGES ARISING OUT OF ITS USE OF A FREE TRIAL SERVICE. ANY CUSTOMER DATA AND CONFIGURATIONS ENTERED INTO CUSTOMER’S FREE TRIAL SERVICE ACCOUNT MAY BE PERMANENTLY LOST UPON TERMINATION OF THE FREE TRIAL SERVICEWARRANTY.

Free Trial. If Customer uses a Free Trial Serviceregisters avails of any form of free trial, PROS T-PRO will make such Free Trial Service the applicable Service(s) available to Customer on a trial basis, basis free of charge, charge until the earlier of (a) the end of the free trial period for which Customer agreed registered to use such Free Trial Servicethe applicable Service(s), or (b) the start date of any Subscription Purchased Service purchased subscriptions ordered by Customer for the same servicesuch Service(s), or (c) termination of the Free Trial Service by PROS T-PRO in its sole discretion. Additional trial terms and conditions may appear on the trial registration web pagedocumentation. Any such additional terms and conditions are incorporated into this Agreement by reference and are legally binding. Free Trial Services are provided for evaluation purposes and not for production useANY DATA THAT THE CUSTOMER ENTERS INTO THE SERVICES, AND ANY CUSTOMISATIONS MADE TO THE SERVICES BY OR FOR CUSTOMER, DURING CUSTOMER’S FREE TRIAL WILL BE PERMANENTLY LOST UNLESS CUSTOMER PURCHASES A SUBSCRIPTION TO THE SAME SERVICES AS THOSE COVERED BY THE TRIAL, PURCHASES APPLICABLE UPGRADED SERVICES, OR EXPORTS SUCH DATA, BEFORE THE END OF THE TRIAL PERIOD. Customer shall have sole responsibility and PROS assumes no liability for any Customer Data that Customer may choose to upload on the Free Trial ServicesCUSTOMER CANNOT TRANSFER DATA ENTERED OR CUSTOMISATIONS MADE DURING THE FREE TRIAL TO A SERVICE THAT WOULD BE A DOWNGRADE FROM THAT COVERED BY THE TRIAL (E.G., FROM ENTERPRISE EDITION TO PROFESSIONAL EDITION); THEREFORE, IF CUSTOMER PURCHASES A SERVICE THAT WOULD BE A DOWNGRADE FROM THAT COVERED BY THE TRIAL, CUSTOMER MUST EXPORT CUSTOMER DATA BEFORE THE END OF THE TRIAL PERIOD OR CUSTOMER DATA WILL BE PERMANENTLY LOST. NOTWITHSTANDING THE “REPRESENTATIONS, WARRANTIES, EXCLUSIVE REMEDIES AND DISCLAIMERS” SECTION 5 AND 6 ABOVE“INDEMNIFICATION BY T-PRO” SECTION BELOW, DURING THE FREE TRIAL THE SERVICES ARE PROVIDED “AS AS-IS” WITH NO EXPRESS OR IMPLIED WITHOUT ANY WARRANTY AND PROS T-PRO SHALL HAVE NO INDEMNIFICATION OBLIGATIONS, OBLIGATIONS NOR ANY LIABILITY OF ANY TYPE WITH RESPECT TO A THE SERVICES FOR THE FREE TRIAL SERVICE, PERIOD UNLESS SUCH EXCLUSION OF LIABILITY IS UNENFORCEABLE NOT ENFORCEABLE UNDER APPLICABLE LAW IN WHICH CASE, PROS TOTAL AGGREGATE CASE T-PRO’S LIABILITY ARISING OUT OF OR RELATING WITH RESPECT TO A THE SERVICES PROVIDED DURING THE FREE TRIAL SERVICE IS US$1,000SHALL NOT EXCEED €1,000.00. WITHOUT LIMITING THE FOREGOING, T-PRO AND ITS AFFILIATES AND ITS LICENSORS DO NOT REPRESENT OR WARRANT TO CUSTOMER THAT: (A) CUSTOMER’S USE OF THE SERVICES DURING THE FREE TRIAL PERIOD WILL MEET CUSTOMER’S REǪUIREMENTS, (B) CUSTOMER’S USE OF THE SERVICES DURING THE FREE TRIAL PERIOD WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR, AND (C) USAGE DATA PROVIDED DURING THE FREE TRIAL PERIOD WILL BE ACCURATE. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THE “LIMITATION OF LIABILITY” SECTION 7 ABOVEBELOW, CUSTOMER SHALL BE FULLY LIABLE UNDER THIS AGREEMENT TO T-PRO AND ITS AFFILIATES FOR ANY DAMAGES ARISING OUT OF ITS CUSTOMER’S USE OF A FREE TRIAL SERVICE. ANY CUSTOMER DATA AND CONFIGURATIONS ENTERED INTO CUSTOMER’S FREE TRIAL SERVICE ACCOUNT MAY BE PERMANENTLY LOST UPON TERMINATION OF THE SERVICES DURING THE FREE TRIAL PERIOD, ANY BREACH BY CUSTOMER OF THIS AGREEMENT AND ANY OF CUSTOMER’S INDEMNIFICATION OBLIGATIONS HEREUNDER. CUSTOMER SHALL REVIEW THE APPLICABLE SERVICE’S DOCUMENTATION DURING THE TRIAL PERIOD TO BECOME FAMILIAR WITH THE FEATURES AND FUNCTIONS OF THE SERVICES BEFORE MAKING A PURCHASE.

Free Trial. If Customer uses You register for a Free Trial Servicefree trial or use one of our Demo Systems, PROS We will make such Free Trial Service one or more Services available to Customer You on a trial basis, basis free of charge, charge until the earlier of (a) the end of the free trial period for which Customer agreed You registered to use such Free Trial Servicethe applicable Service(s), or (b) the start date of any Subscription Purchased Service purchased subscriptions ordered by Customer You for the same servicesuch Service(s), or (c) termination of the Free Trial Service by PROS Us in its our sole discretion. Additional trial terms and conditions may appear on the trial registration web pageform. Any such additional terms and conditions are incorporated into this Agreement by reference and are legally binding. Free Trial Services are provided for evaluation purposes and not for production useANY DATA YOU ENTER INTO THE SERVICES, AND ANY CUSTOMISATIONS MADE TO THE SERVICES BY OR FOR YOU, DURING YOUR FREE TRIAL WILL BE PERMANENTLY LOST UNLESS YOU PURCHASE A SUBSCRIPTION TO THE SAME SERVICES AS THOSE COVERED BY THE TRIAL, PURCHASE APPLICABLE UPGRADED SERVICES, OR EXPORT SUCH DATA, BEFORE THE END OF THE TRIAL PERIOD. Customer shall have sole responsibility and PROS assumes no liability for any Customer Data that Customer may choose to upload on the Free Trial ServicesYOU CANNOT TRANSFER DATA ENTERED OR CUSTOMISATIONS MADE DURING THE FREE TRIAL TO A SERVICE THAT WOULD BE A DOWNGRADE FROM THAT COVERED BY THE TRIAL. THEREFORE, IF YOU PURCHASE A SERVICE THAT WOULD BE A DOWNGRADE FROM THAT COVERED BY THE TRIAL, YOU MUST EXPORT YOUR DATA BEFORE THE END OF THE TRIAL PERIOD OR YOUR DATA WILL BE PERMANENTLY LOST. NOTWITHSTANDING SECTION 5 9 (REPRESENTATIONS, WARRANTIES, EXCLUSIVE REMEDIES AND 6 ABOVEDISCLAIMERS), DURING THE FREE TRIAL THE SERVICES ARE PROVIDED “AS AS-IS” WITH NO EXPRESS OR IMPLIED WARRANTY AND PROS SHALL HAVE NO INDEMNIFICATION OBLIGATIONS, NOR WITHOUT ANY LIABILITY OF ANY TYPE WITH RESPECT TO A FREE TRIAL SERVICE, UNLESS SUCH EXCLUSION OF LIABILITY IS UNENFORCEABLE UNDER APPLICABLE LAW IN WHICH CASE, PROS TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO A FREE TRIAL SERVICE IS US$1,000. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN SECTION 7 ABOVE, CUSTOMER SHALL BE FULLY LIABLE FOR ANY DAMAGES ARISING OUT OF ITS USE OF A FREE TRIAL SERVICE. ANY CUSTOMER DATA AND CONFIGURATIONS ENTERED INTO CUSTOMER’S FREE TRIAL SERVICE ACCOUNT MAY BE PERMANENTLY LOST UPON TERMINATION OF THE FREE TRIAL SERVICEWARRANTY.

Free Trial. If Customer uses registers on Netreo’s or an Affiliate’s website for a Free Trial Servicefree trial, PROS Netreo will make such Free Trial Service the applicable Service(s) available to Customer on a trial basis, basis free of charge, charge until the earlier of of (a) the end of the free trial period for which Customer agreed registered to use such Free Trial Servicethe applicable Service(s), or (b) the start date of any Subscription Purchased Service purchased subscriptions ordered by Customer for the same servicesuch Service(s), or or (c) termination of the Free Trial Service by PROS Netreo in its sole discretion. Additional trial terms and conditions may appear on the trial registration web page. Any such additional terms and conditions are incorporated into this Agreement by reference and are legally binding. Free Trial Services are provided for evaluation purposes and not for production useANY DATA CUSTOMER ENTERS INTO THE SERVICES, AND ANY CUSTOMIZATIONS MADE TO THE SERVICES BY OR FOR CUSTOMER, DURING CUSTOMER’S FREE TRIAL WILL BE PERMANENTLY LOST UNLESS CUSTOMER PURCHASES A SUBSCRIPTION TO THE SAME SERVICES AS THOSE COVERED BY THE TRIAL, PURCHASES APPLICABLE UPGRADED SERVICES, OR EXPORTS SUCH DATA, BEFORE THE END OF THE TRIAL PERIOD. Customer shall have sole responsibility and PROS assumes no liability for any Customer Data that Customer may choose to upload on the Free Trial ServicesCUSTOMER CANNOT TRANSFER DATA ENTERED OR CUSTOMIZATIONS MADE DURING THE FREE TRIAL TO A SERVICE THAT WOULD BE A DOWNGRADE FROM THAT COVERED BY THE TRIAL (E.G., FROM ENTERPRISE EDITION TO PROFESSIONAL EDITION); THEREFORE, IF CUSTOMER PURCHASES A SERVICE THAT WOULD BE A DOWNGRADE FROM THAT COVERED BY THE TRIAL, CUSTOMER MUST EXPORT CUSTOMER DATA BEFORE THE END OF THE TRIAL PERIOD OR CUSTOMER DATA WILL BE PERMANENTLY LOST. NOTWITHSTANDING THE “REPRESENTATIONS, WARRANTIES, EXCLUSIVE REMEDIES AND DISCLAIMERS” SECTION 5 AND 6 ABOVE“INDEMNIFICATION BY NETREO” SECTION BELOW, DURING THE FREE TRIAL THE SERVICES ARE PROVIDED “AS AS-IS” WITH NO EXPRESS OR IMPLIED WITHOUT ANY WARRANTY AND PROS NETREO SHALL HAVE NO INDEMNIFICATION OBLIGATIONS, OBLIGATIONS NOR ANY LIABILITY OF ANY TYPE WITH RESPECT TO A THE SERVICES FOR THE FREE TRIAL SERVICE, PERIOD UNLESS SUCH EXCLUSION OF LIABILITY IS UNENFORCEABLE NOT ENFORCEABLE UNDER APPLICABLE LAW IN WHICH CASE, PROS TOTAL AGGREGATE CASE NETREO’S LIABILITY ARISING OUT OF OR RELATING WITH RESPECT TO A THE SERVICES PROVIDED DURING THE FREE TRIAL SERVICE IS US$1,000SHALL NOT EXCEED $100.00. WITHOUT LIMITING THE FOREGOING, NETREO AND ITS AFFILIATES AND ITS LICENSORS DO NOT REPRESENT OR WARRANT TO CUSTOMER THAT: (A) CUSTOMER’S USE OF THE SERVICES DURING THE FREE TRIAL PERIOD WILL MEET CUSTOMER’S REQUIREMENTS, (B) CUSTOMER’S USE OF THE SERVICES DURING THE FREE TRIAL PERIOD WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR, AND (C) USAGE DATA PROVIDED DURING THE FREE TRIAL PERIOD WILL BE ACCURATE. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THE “LIMITATION OF LIABILITY” SECTION 7 ABOVEBELOW, CUSTOMER SHALL BE FULLY LIABLE UNDER THIS AGREEMENT TO NETREO AND ITS AFFILIATES FOR ANY DAMAGES ARISING OUT OF ITS CUSTOMER’S USE OF A FREE TRIAL SERVICE. ANY CUSTOMER DATA AND CONFIGURATIONS ENTERED INTO CUSTOMER’S FREE TRIAL SERVICE ACCOUNT MAY BE PERMANENTLY LOST UPON TERMINATION OF THE SERVICES DURING THE FREE TRIAL PERIOD, ANY BREACH BY CUSTOMER OF THIS AGREEMENT AND ANY OF CUSTOMER’S INDEMNIFICATION OBLIGATIONS HEREUNDER. CUSTOMER SHALL REVIEW THE APPLICABLE SERVICE’S DOCUMENTATION DURING THE TRIAL PERIOD TO BECOME FAMILIAR WITH THE FEATURES AND FUNCTIONS OF THE SERVICES BEFORE MAKING A PURCHASE.

Free Trial. If Customer uses registers on CHEVIN’s or an Affiliate’s website for a Free Trial Servicefree trial, PROS CHEVIN will make such Free Trial Service the applicable Service(s) available to Customer on a trial basis, basis free of charge, charge until the earlier of (a) the end of the free trial period for which Customer agreed registered to use such Free Trial Servicethe applicable Service(s), or (b) the start date of any Subscription Purchased Service purchased subscriptions ordered by Customer for the same servicesuch Service(s), or (c) termination of the Free Trial Service by PROS CHEVIN in its sole discretion. Additional trial terms and conditions may appear on the trial registration web page. Any such additional terms and conditions are incorporated into this Agreement by reference and are legally binding. Free Trial Services are provided for evaluation purposes and not for production useANY DATA CUSTOMER ENTERS INTO THE SERVICES, AND ANY CUSTOMIZATIONS MADE TO THE SERVICES BY OR FOR CUSTOMER, DURING CUSTOMER’S FREE TRIAL WILL BE PERMANENTLY LOST UNLESS CUSTOMER PURCHASES A SUBSCRIPTION TO THE SAME SERVICES AS THOSE COVERED BY THE TRIAL, PURCHASES APPLICABLE UPGRADED SERVICES, OR EXPORTS SUCH DATA, BEFORE THE END OF THE TRIAL PERIOD. Customer shall have sole responsibility and PROS assumes no liability for any Customer Data that Customer may choose to upload on the Free Trial ServicesCUSTOMER CANNOT TRANSFER DATA ENTERED OR CUSTOMIZATIONS MADE DURING THE FREE TRIAL TO A SERVICE THAT WOULD BE A DOWNGRADE FROM THAT COVERED BY THE TRIAL (E.G., FROM ENTERPRISE EDITION TO PROFESSIONAL EDITION); THEREFORE, IF CUSTOMER PURCHASES A SERVICE THAT WOULD BE A DOWNGRADE FROM THAT COVERED BY THE TRIAL, CUSTOMER MUST EXPORT CUSTOMER DATA BEFORE THE END OF THE TRIAL PERIOD OR CUSTOMER DATA WILL BE PERMANENTLY LOST. NOTWITHSTANDING THE “REPRESENTATIONS, WARRANTIES, EXCLUSIVE REMEDIES AND DISCLAIMERS” SECTION 5 AND 6 ABOVE“INDEMNIFICATION BY CHEVIN” SECTION BELOW, DURING THE FREE TRIAL THE SERVICES ARE PROVIDED “AS AS-IS” WITH NO EXPRESS OR IMPLIED WITHOUT ANY WARRANTY AND PROS CHEVIN SHALL HAVE NO INDEMNIFICATION OBLIGATIONS, OBLIGATIONS NOR ANY LIABILITY OF ANY TYPE WITH RESPECT TO A THE SERVICES FOR THE FREE TRIAL SERVICE, PERIOD UNLESS SUCH EXCLUSION OF LIABILITY IS UNENFORCEABLE NOT ENFORCEABLE UNDER APPLICABLE LAW IN WHICH CASE, PROS TOTAL AGGREGATE CASE CHEVIN’S LIABILITY ARISING OUT OF OR RELATING WITH RESPECT TO A THE SERVICES PROVIDED DURING THE FREE TRIAL SERVICE IS US$1,000SHALL NOT EXCEED $1,000.00. WITHOUT LIMITING THE FOREGOING, CHEVIN AND ITS AFFILIATES AND ITS LICENSORS DO NOT REPRESENT OR WARRANT TO CUSTOMER THAT: (A) CUSTOMER’S USE OF THE SERVICES DURING THE FREE TRIAL PERIOD WILL MEET CUSTOMER’S REQUIREMENTS, (B) CUSTOMER’S USE OF THE SERVICES DURING THE FREE TRIAL PERIOD WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR, AND (C) USAGE DATA PROVIDED DURING THE FREE TRIAL PERIOD WILL BE ACCURATE. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THE “LIMITATION OF LIABILITY” SECTION 7 ABOVEBELOW, CUSTOMER SHALL BE FULLY LIABLE UNDER THIS AGREEMENT TO CHEVIN AND ITS AFFILIATES FOR ANY DAMAGES ARISING OUT OF ITS CUSTOMER’S USE OF A FREE TRIAL SERVICE. ANY CUSTOMER DATA AND CONFIGURATIONS ENTERED INTO CUSTOMER’S FREE TRIAL SERVICE ACCOUNT MAY BE PERMANENTLY LOST UPON TERMINATION OF THE SERVICES DURING THE FREE TRIAL PERIOD, ANY BREACH BY CUSTOMER OF THIS AGREEMENT AND ANY OF CUSTOMER’S INDEMNIFICATION OBLIGATIONS HEREUNDER. CUSTOMER SHALL REVIEW THE APPLICABLE SERVICE’S DOCUMENTATION DURING THE TRIAL PERIOD TO BECOME FAMILIAR WITH THE FEATURES AND FUNCTIONS OF THE SERVICES BEFORE MAKING A PURCHASE.

Free Trial. If Customer uses a Free Trial Service, PROS will We may make such Free Trial the AirVantage Management Service available to Customer You on a trial basis, basis free of charge, charge until the earlier of (a) the end of the free trial period Trial Period for which Customer agreed you registered or are registering to use such Free Trial the AirVantage Management Service, (b) the start date of any Subscription Service purchased by Customer for the same service, or (c) termination of the Free Trial Service by PROS in its sole discretion. Additional trial terms and conditions may appear on the trial registration web pagepage or other trial registration document entered into by You. Any such additional terms and conditions are incorporated into this Agreement by reference and are legally binding. Free Trial Services are provided for evaluation purposes and not for production useIF YOU ELECT TO USE THE AIRVANTAGE MANAGEMENT SERVICE FOR THE TRIAL PERIOD AND DO NOT PURCHASE A SUBSCRIPTION BEFORE THE END OF THE TRIAL PERIOD, YOUR TRIAL SUBSCRIPTION FOR THE AIRVANTAGE MANAGEMENT SERVICE WILL EXPIRE AT THE END OF THE TRIAL PERIOD AND SHALL NOT AUTO-RENEW. Customer shall have sole responsibility and PROS assumes no liability for any Customer Data that Customer may choose to upload on the Free Trial ServicesANY DATA ENTERED INTO THE AIRVANTAGE MANAGEMENT SERVICE BY YOU OR RECEIVED BY YOU IN CONNECTION WITH YOUR USE OF THE AIRVANTAGE MANAGEMENT SERVICE, WILL BE PERMANENTLY LOST UNLESS YOU PURCHASE A SUBSCRIPTION TO THE SAME AIRVANTAGE MANAGEMENT SERVICE AS THOSE COVERED BY THE TRIAL BEFORE THE END OF THE TRIAL PERIOD. NOTWITHSTANDING SECTION 5 10 (WARRANTIES AND 6 ABOVEDISCLAIMERS), FREE TRIAL SERVICES ARE PROVIDED “AS IS” WITH NO EXPRESS OR IMPLIED WARRANTY AND PROS SHALL HAVE NO INDEMNIFICATION OBLIGATIONS, NOR ANY LIABILITY OF ANY TYPE WITH RESPECT TO A FREE TRIAL SERVICE, UNLESS SUCH EXCLUSION OF LIABILITY IS UNENFORCEABLE UNDER APPLICABLE LAW IN WHICH CASE, PROS TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO A FREE TRIAL SERVICE IS US$1,000. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN SECTION 7 ABOVE, CUSTOMER SHALL BE FULLY LIABLE FOR ANY DAMAGES ARISING OUT OF ITS USE OF A FREE TRIAL SERVICE. ANY CUSTOMER DATA AND CONFIGURATIONS ENTERED INTO CUSTOMER’S FREE TRIAL SERVICE ACCOUNT MAY BE PERMANENTLY LOST UPON TERMINATION OF DURING THE FREE TRIAL SERVICETHE AIRVANTAGE MANAGEMENT SERVICE IS PROVIDED “AS-IS” WITHOUT ANY WARRANTY OR LIABILITY OR SUPPORT. Please review the User Documentation during the trial period so that You become familiar with the features and functions of the AirVantage Management Service before You make Your purchase.

Free Trial. If Customer uses You take part in a Free Trial Servicefree trial or use one of our Demo Systems, PROS We will make such Free Trial Service one or more Services available to Customer You on a trial basis, basis free of charge, charge until the earlier of (a) the end of the free trial period for which Customer agreed You registered to use such Free Trial Servicethe applicable Service(s), or (b) the start date of any Subscription Purchased Service purchased subscriptions ordered by Customer You for the same servicesuch Service(s), or (c) termination of the Free Trial Service by PROS Us in its our sole discretion. Additional trial terms and conditions may appear on the trial registration web pageform. Any such additional terms and conditions are incorporated into this Agreement by reference and are legally binding. Free Trial Services are provided for evaluation purposes and not for production useANY DATA YOU ENTER INTO THE SERVICES, AND ANY CUSTOMISATIONS MADE TO THE SERVICES BY OR FOR YOU, DURING YOUR FREE TRIAL WILL BE PERMANENTLY LOST UNLESS YOU PURCHASE A SUBSCRIPTION TO THE SAME SERVICES AS THOSE COVERED BY THE TRIAL, PURCHASE APPLICABLE UPGRADED SERVICES, OR EXPORT SUCH DATA, BEFORE THE END OF THE TRIAL PERIOD. Customer shall have sole responsibility and PROS assumes no liability for any Customer Data that Customer may choose to upload on the Free Trial ServicesYOU CANNOT TRANSFER DATA ENTERED OR CUSTOMISATIONS MADE DURING THE FREE TRIAL TO A SERVICE THAT WOULD BE A DOWNGRADE FROM THAT COVERED BY THE TRIAL. THEREFORE, IF YOU PURCHASE A SERVICE THAT WOULD BE A DOWNGRADE FROM THAT COVERED BY THE TRIAL, YOU MUST EXPORT YOUR DATA BEFORE THE END OF THE TRIAL PERIOD OR YOUR DATA WILL BE PERMANENTLY LOST. NOTWITHSTANDING SECTION 5 9 (REPRESENTATIONS, WARRANTIES, EXCLUSIVE REMEDIES AND 6 ABOVEDISCLAIMERS), DURING THE FREE TRIAL THE SERVICES ARE PROVIDED “AS AS-IS” WITH NO EXPRESS OR IMPLIED WARRANTY AND PROS SHALL HAVE NO INDEMNIFICATION OBLIGATIONS, NOR WITHOUT ANY LIABILITY OF ANY TYPE WITH RESPECT TO A FREE TRIAL SERVICE, UNLESS SUCH EXCLUSION OF LIABILITY IS UNENFORCEABLE UNDER APPLICABLE LAW IN WHICH CASE, PROS TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO A FREE TRIAL SERVICE IS US$1,000. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN SECTION 7 ABOVE, CUSTOMER SHALL BE FULLY LIABLE FOR ANY DAMAGES ARISING OUT OF ITS USE OF A FREE TRIAL SERVICE. ANY CUSTOMER DATA AND CONFIGURATIONS ENTERED INTO CUSTOMER’S FREE TRIAL SERVICE ACCOUNT MAY BE PERMANENTLY LOST UPON TERMINATION OF THE FREE TRIAL SERVICEWARRANTY.

Free Trial. If Customer uses registers on Prospecta’s or an Affiliate’s website for a Free Trial Servicefree trial, PROS Prospecta will make such Free Trial Service the applicable Service(s) available to Customer on a trial basis, basis free of charge, charge until the earlier of (a) the end of the free trial period for which Customer agreed registered to use such Free Trial Servicethe applicable Service(s), or (b) the start date of any Subscription Purchased Service purchased subscriptions ordered by Customer for the same servicesuch Service(s), or (c) termination of the Free Trial Service by PROS Prospecta in its sole discretion. Additional trial terms and conditions may appear on the trial registration web page. Any such additional terms and conditions are incorporated into this Agreement by reference and are legally binding. Free Trial Services are provided for evaluation purposes and not for production useANY DATA CUSTOMER ENTERS INTO THE SERVICES, AND ANY CUSTOMIZATIONS MADE TO THE SERVICES BY OR FOR CUSTOMER, DURING CUSTOMER’S FREE TRIAL WILL BE PERMANENTLY LOST UNLESS CUSTOMER PURCHASES A SUBSCRIPTION TO THE SAME SERVICES AS THOSE COVERED BY THE TRIAL, PURCHASES APPLICABLE UPGRADED SERVICES, OR EXPORTS SUCH DATA, BEFORE THE END OF THE TRIAL PERIOD. Customer shall have sole responsibility and PROS assumes no liability for any Customer Data that Customer may choose to upload on the Free Trial ServicesCUSTOMER CANNOT TRANSFER DATA ENTERED OR CUSTOMIZATIONS MADE DURING THE FREE TRIAL TO A SERVICE THAT WOULD BE A DOWNGRADE FROM THAT COVERED BY THE TRIAL (E.G., FROM ENTERPRISE EDITION TO PROFESSIONAL EDITION); THEREFORE, IF CUSTOMER PURCHASES A SERVICE THAT WOULD BE A DOWNGRADE FROM THAT COVERED BY THE TRIAL, CUSTOMER MUST EXPORT CUSTOMER DATA BEFORE THE END OF THE TRIAL PERIOD OR CUSTOMER DATA WILL BE PERMANENTLY LOST. NOTWITHSTANDING THE “REPRESENTATIONS, WARRANTIES, EXCLUSIVE REMEDIES AND DISCLAIMERS” SECTION 5 AND 6 ABOVE“INDEMNIFICATION BY PROSPECTA” SECTION BELOW, DURING THE FREE TRIAL THE SERVICES ARE PROVIDED “AS AS-IS” WITH NO EXPRESS OR IMPLIED WITHOUT ANY WARRANTY AND PROS PROSPECTA SHALL HAVE NO INDEMNIFICATION OBLIGATIONS, OBLIGATIONS NOR ANY LIABILITY OF ANY TYPE WITH RESPECT TO A THE SERVICES FOR THE FREE TRIAL SERVICE, PERIOD UNLESS SUCH EXCLUSION OF LIABILITY IS UNENFORCEABLE NOT ENFORCEABLE UNDER APPLICABLE LAW IN WHICH CASE, PROS TOTAL AGGREGATE CASE PROSPECTA’S LIABILITY ARISING OUT OF OR RELATING WITH RESPECT TO A THE SERVICES PROVIDED DURING THE FREE TRIAL SERVICE IS US$1,000SHALL NOT EXCEED $1,000.00. WITHOUT LIMITING THE FOREGOING, PROSPECTA AND ITS AFFILIATES AND ITS LICENSORS DO NOT REPRESENT OR WARRANT TO CUSTOMER THAT: (A) CUSTOMER’S USE OF THE SERVICES DURING THE FREE TRIAL PERIOD WILL MEET CUSTOMER’S REQUIREMENTS, (B) CUSTOMER’S USE OF THE SERVICES DURING THE FREE TRIAL PERIOD WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR, AND (C) USAGE DATA PROVIDED DURING THE FREE TRIAL PERIOD WILL BE ACCURATE. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THE “LIMITATION OF LIABILITY” SECTION 7 ABOVEBELOW, CUSTOMER SHALL BE FULLY LIABLE UNDER THIS AGREEMENT TO PROSPECTA AND ITS AFFILIATES FOR ANY DAMAGES ARISING OUT OF ITS CUSTOMER’S USE OF A FREE TRIAL SERVICE. ANY CUSTOMER DATA AND CONFIGURATIONS ENTERED INTO CUSTOMER’S FREE TRIAL SERVICE ACCOUNT MAY BE PERMANENTLY LOST UPON TERMINATION OF THE SERVICES DURING THE FREE TRIAL PERIOD, ANY BREACH BY CUSTOMER OF THIS AGREEMENT AND ANY OF CUSTOMER’S INDEMNIFICATION OBLIGATIONS HEREUNDER. CUSTOMER SHALL REVIEW THE APPLICABLE SERVICE’S DOCUMENTATION DURING THE TRIAL PERIOD TO BECOME FAMILIAR WITH THE FEATURES AND FUNCTIONS OF THE SERVICES BEFORE MAKING A PURCHASE.

Free Trial. If Customer uses You register on our website for a Free Trial Servicefree trial, PROS We will make such Free Trial Service one or more Xxxx.xxx Services available to Customer You on a trial basis, basis free of charge, charge until the earlier of (a) the end of the free trial period for which Customer agreed you registered or are registering to use such Free Trial the applicable Xxxx.xxx Service, (b) . If You do not provide Your credit card or other payment information to Us before the start date expiration of any Subscription Service purchased by Customer for the same servicefree trial period, or (c) termination of the Free Trial Service by PROS in its sole discretionYour account will be suspended until payment information and charge authorization are provided. Additional trial terms and conditions may appear on the trial registration web page. Any such additional terms and conditions are incorporated into this Agreement by reference and are legally binding. Free Trial Services are provided for evaluation purposes and not for production useIF YOU ELECT TO USE THE XXXX.XXX SERVICES FOR THE TRIAL PERIOD AND DO NOT PURCHASE A SUBSCRIPTION BEFORE THE END OF THE TRIAL PERIOD, YOUR TRIAL SUBSCRIPTION FOR THE XXXX.XXX SERVICES WILL EXPIRE AT THE END OF THE TRIAL PERIOD AND SHALL NOT AUTO-RENEW. Customer shall have sole responsibility and PROS assumes no liability for any Customer Data that Customer may choose to upload on the Free Trial Services. NOTWITHSTANDING SECTION 5 ANY DATA ENTERED INTO THE XXXX.XXX SERVICES BY YOU OR RECEIVED BY YOU IN CONNECTION WITH YOUR USE OF THE XXXX.XXX SERVICES, AND 6 ABOVE, ANY CUSTOMIZATIONS THAT MAY BE MADE TO THE XXXX.XXX SERVICES BY YOU DURING THE FREE TRIAL PERIOD, WILL BE PERMANENTLY LOST UNLESS YOU PURCHASE A SUBSCRIPTION TO THE SAME XXXX.XXX SERVICES ARE PROVIDED “AS IS” WITH NO EXPRESS OR IMPLIED WARRANTY AND PROS SHALL HAVE NO INDEMNIFICATION OBLIGATIONS, NOR ANY LIABILITY THOSE COVERED BY THE TRIAL BEFORE THE END OF ANY TYPE WITH RESPECT TO A FREE THE TRIAL SERVICE, UNLESS SUCH EXCLUSION OF LIABILITY IS UNENFORCEABLE UNDER APPLICABLE LAW IN WHICH CASE, PROS TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO A FREE TRIAL SERVICE IS US$1,000PERIOD. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN SECTION 7 ABOVETHIS AGREEMENT, CUSTOMER SHALL BE FULLY LIABLE FOR ANY DAMAGES ARISING OUT OF ITS USE OF A FREE TRIAL SERVICE. ANY CUSTOMER DATA AND CONFIGURATIONS ENTERED INTO CUSTOMER’S FREE TRIAL SERVICE ACCOUNT MAY BE PERMANENTLY LOST UPON TERMINATION OF DURING THE FREE TRIAL SERVICETHE XXXX.XXX SERVICES ARE PROVIDED “AS-IS”, “AS-AVAILABLE”, WITHOUT ANY WARRANTY WHATSOEVER.

Free Trial. If Customer uses With regard to any permitted access to and use of a Service by Company related to a free trial, free use, evaluation, license key extension, or other non-production use authorized by Sonatype (the “Free Trial ServiceUse”), PROS will Sonatype agrees, subject to the terms set forth in this Section and this Agreement, to make such Free Trial Service available to Customer Company for a term to expire on a trial basis, free of charge, until the earlier of of: (a) the end of the free trial period for which Customer agreed Company is granted access to use such Free Trial Use of a Service, ; or (b) the start date of any Subscription for such Service purchased by Customer for Company from Sonatype (the same service“Free Use Period”); provided, or (c) termination of that Sonatype may terminate the Free Trial Service by PROS in Use Period at its sole discretiondiscretion by providing notice to Company. In the event of a conflict between this Section and any other portion of this Agreement, this Section shall control. Additional trial terms and conditions governing such Free Use may appear on the trial registration web page. Any be imposed by Sonatype, and any such additional terms and conditions are incorporated into this Agreement by reference and are legally binding. Free Trial Services are provided for evaluation purposes and not for production useANY COMPANY DATA THAT COMPANY ENTERS INTO THE SERVICEE, AND ANY PERMITTED CUSTOMIZATIONS MADE TO THE SERVICE BY OR FOR COMPANY, DURING THE FREE USE PERIOD WILL BE PERMANENTLY LOST UNLESS (a) COMPANY PURCHASES A SUBSCRIPTION TO THE SAME SERVICE AS THOSE COVERED BY THE FREE USE OR (b) EXPORTS SUCH COMPANY DATA BEFORE THE END OF THE FREE USE PERIOD. Customer shall have sole responsibility and PROS assumes no liability for any Customer Data that Customer may choose to upload on the Free Trial ServicesCOMPANY CANNOT TRANSFER DATA ENTERED OR CUSTOMIZATIONS MADE DURING THE FREE USE PERIOD TO A SERVICE THAT WOULD BE A DOWNGRADE FROM THAT USED DURING THE FREE USE PERIOD AND, THEREFORE, IF COMPANY PURCHASES A SUBSCRIPTION TO A SERVICE THAT WOULD BE A DOWNGRADE COMPANY MUST EXPORT ITS DATA BEFORE THE END OF THE FREE USE PERIOD OR IT WILL BE PERMANENTLY LOST. NOTWITHSTANDING SECTION 5 8 (WARRANTIES AND 6 ABOVEDISCLAIMERS), SECTION 9 (INDEMNIFICATION), AND SECTION 10 (LIMITATION OF LIABILITY), DURING THE FREE TRIAL SERVICES ARE USE PERIOD THE SERVICE IS PROVIDED “AS AS-IS” WITH NO EXPRESS OR IMPLIED WITHOUT ANY WARRANTY AND PROS SONATYPE SHALL HAVE NO INDEMNIFICATION OBLIGATIONS, OBLIGATIONS NOR ANY LIABILITY OF ANY TYPE WITH RESPECT TO A FREE TRIAL SERVICE, THE SERVICE UNLESS SUCH EXCLUSION OF LIABILITY IS UNENFORCEABLE NOT ENFORCEABLE UNDER APPLICABLE LAW IN WHICH CASE, PROS TOTAL CASE SONATYPE’S AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO A FREE TRIAL SERVICE IS US$1,000. NOTWITHSTANDING ANYTHING WITH RESPECT TO THE CONTRARY IN SECTION 7 ABOVE, CUSTOMER SHALL BE FULLY LIABLE FOR ANY DAMAGES ARISING OUT OF ITS USE OF A FREE TRIAL SERVICE. ANY CUSTOMER DATA AND CONFIGURATIONS ENTERED INTO CUSTOMER’S FREE TRIAL SERVICE ACCOUNT MAY BE PERMANENTLY LOST UPON TERMINATION OF SERVICIE PROVIDED TO COMPANY DURING THE FREE TRIAL SERVICEUSE PERIOD SHALL NOT EXCEED $1,000.00.

Free Trial. If Customer uses you register on Our website for a Free Trial Servicefree trial or are provided a free trial, PROS without registration, in another manner by Foxtrot, We will make such Free Trial our Service available to Customer You on a trial basis, basis free of charge, charge until the earlier of (ai) the end of the free trial period for which Customer agreed You registered to use such Free Trial Service, the applicable Service or (bii) the start date of any Subscription Purchased Service purchased subscription ordered by Customer You for the same service, such Service or (ciii) termination of the Free Trial Service by PROS Us in its our sole discretion. Additional trial terms and conditions may appear on the trial registration web page. Any such additional terms and conditions are incorporated into this Agreement by reference and are legally bindingreference. Free Trial Services are provided for evaluation purposes and not for production use. Customer shall have sole responsibility and PROS assumes no liability for any Customer Data that Customer may choose to upload on the Free Trial ServicesANY DATA YOU ENTER INTO THE SERVICE, AND ANY CUSTOMIZATIONS MADE TO THE SERVICE BY OR FOR YOU, DURING YOUR FREE TRIAL MAY BE PERMANENTLY LOST UNLESS YOU PURCHASE A SUBSCRIPTION TO THE SAME SERVICE COVERED BY THE TRIAL OR EXPORT SUCH DATA BEFORE THE END OF THE TRIAL PERIOD. NOTWITHSTANDING SECTION 5 SECTIONS 6.6 Indemnity. AND 6 ABOVE8. 8. WARRANTIES AND DISCLAIMERS., DURING THE FREE TRIAL SERVICES ARE THE SERVICE IS PROVIDED “AS AS-IS” WITH NO EXPRESS OR IMPLIED WITHOUT ANY WARRANTY AND PROS FOXTROT SHALL HAVE NO INDEMNIFICATION OBLIGATIONS, NOR ANY LIABILITY OF ANY TYPE OBLIGATIONS UNDER SECTION 6.6 WITH RESPECT TO A FREE TRIAL SERVICE, UNLESS SUCH EXCLUSION OF LIABILITY IS UNENFORCEABLE UNDER APPLICABLE LAW IN WHICH CASE, PROS TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO A FREE TRIAL THE SERVICE IS US$1,000. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN SECTION 7 ABOVE, CUSTOMER SHALL BE FULLY LIABLE FOR ANY DAMAGES ARISING OUT OF ITS USE OF A FREE TRIAL SERVICE. ANY CUSTOMER DATA AND CONFIGURATIONS ENTERED INTO CUSTOMER’S FREE TRIAL SERVICE ACCOUNT MAY BE PERMANENTLY LOST UPON TERMINATION OF THE FREE TRIAL SERVICEPERIOD. WITHOUT LIMITING THE FOREGOING, FOR FREE TRIALS, FOXTROT DOES NOT REPRESENT OR WARRANT TO YOU THAT: (A) YOUR USE OF THE SERVICE DURING THE FREE TRIAL PERIOD WILL MEET YOUR REQUIREMENTS, AND (B) YOUR USE OF THE SERVICE DURING THE FREE TRIAL PERIOD WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR.

Free Trial. If Customer uses Buyer opts for a Free Trial Servicefree trial, PROS Innowi will make such Free Trial Service free trial service available to Customer Buyer on a trial basis, free of charge, until the earlier of of: (a) the end of the free trial period for which Customer agreed to use such Free Trial Service, period; (b) the start date payment of any the Subscription Service purchased by Customer for the same service, Fee; or (c) termination of the Free Trial Service free trial services by PROS Innowi in its sole discretion. Additional The free trial terms period may be extended upon mutual agreement by Innowi and conditions may appear on Xxxxx. Innowi reserves the right to collect the Hardware from Xxxxx’s premises at any point throughout the duration of the Free Trial, provided that Innowi has previously terminated the free trial registration web pageser- vice and provided written notice to Buyer. Any such additional terms and conditions are incorporated into Notwithstanding an- ything to the contrary in this Agreement by reference and are legally binding. Agreement, a Free Trial Services are Service is provided for evaluation purposes and not for production use. Customer shall have sole responsibility and PROS assumes no liability for any Customer Data that Customer may choose to upload on the Free Trial Services. NOTWITHSTANDING SECTION 5 AND 6 ABOVE, FREE TRIAL SERVICES ARE PROVIDED “AS IS.” WITH INNOWI MAKES NO EXPRESS REPRESENTA- TION OR IMPLIED WARRANTY AND PROS SHALL HAVE NO INDEMNIFICATION OBLIGATIONS, NOR ANY OBLIGATIONS WITH RESPECT TO A FREE TRIAL SERVICE. INNOWI SHALL HAVE NO LIABILITY OF ANY TYPE WITH RESPECT TO A FREE TRIAL SERVICE, UNLESS SUCH EXCLUSION OF LIABILITY IS UNENFORCEABLE NOT ENFORCABLE UNDER APPLICABLE APPLICA- BLE LAW IN WHICH CASE, PROS CASE INNOWI’S TOTAL AGGREGATE AGGRE- GATE LIABILITY ARISING OUT OF OR RELATING TO A FREE TRIAL SERVICE IS US$1,000LIMITED TO THE QUOTED PURCHASE PRICE. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN SECTION 7 ABOVEPARAGRAPH 19 (“LIMITATION OF LIABILITY”), CUSTOMER BUYER SHALL NOT USE THE FREE TRIAL SERVICE IN A MANNER THAT VIOLATES APPLICABLE LAWS AND WILL BE FULLY LIABLE FOR ANY DAMAGES ARISING OUT OF CAUSED BY ITS USE OF A FREE TRIAL SERVICE. ANY CUSTOMER DATA AND CONFIGURATIONS CONFIGU- RATIONS ENTERED INTO CUSTOMERBUYER’S FREE TRIAL SERVICE SER- VICE ACCOUNT MAY BE PERMANENTLY LOST UPON TERMINATION OF THE FREE TRIAL SERVICE.

Free Trial. If Customer uses You register on our Site for a Free Trial Servicefree trial, PROS We will make such Free Trial Service the Services available to Customer You on a trial basis, basis free of charge, charge until the earlier of (a) the end of the free trial period for which Customer agreed You registered or are registering to use such Free Trial Service, the applicable Service or (b) the start date of any Subscription Service purchased Purchased Services ordered by Customer for the same service, or (c) termination of the Free Trial Service by PROS in its sole discretionYou. Additional trial terms and conditions may appear on the trial registration web page. Any such additional terms and conditions are incorporated into this Agreement by reference and are legally binding. Free Trial Services are provided for evaluation purposes and not for production useANY DATA YOU ENTER OR RECEIVED BY YOU FROM THIRD PARTIES AND INCLUDED INTO THE SERVICES, AND ANY CUSTOMIZATIONS MADE TO THE SERVICES BY OR FOR YOU, DURING YOUR FREE TRIAL WILL BE PERMANENTLY LOST UNLESS YOU PURCHASE A SUBSCRIPTION TO THE SAME SERVICES AS THOSE COVERED BY THE TRIAL, PURCHASE UPGRADED SERVICES, OR EXPORT SUCH DATA, BEFORE THE END OF THE TRIAL PERIOD. Customer shall have sole responsibility and PROS assumes no liability for any Customer Data that Customer may choose to upload on the Free Trial ServicesYOU CANNOT TRANSFER DATA ENTERED OR CUSTOMIZATIONS MADE DURING THE FREE TRIAL TO A SERVICE THAT WOULD BE A DOWNGRADE FROM THAT COVERED BY THE TRIAL (E.G. FROM FIRST CLASS PLAN TO BUSINESS PLAN OR FROM BUSINESS PLAN TO ECONOMIC PLAN); THEREFORE, IF YOU PURCHASE A SERVICE THAT WOULD BE A DOWNGRADE FROM THAT COVERED BY THE TRIAL, YOU MUST EXPORT YOUR DATA BEFORE THE END OF THE TRIAL PERIOD OR YOUR DATA WILL BE PERMANENTLY LOST. NOTWITHSTANDING SECTION 5 WARRANTIES AND 6 ABOVEDISCLAIMERS, DURING THE FREE TRIAL THE SERVICES ARE PROVIDED “AS AS-IS” WITH NO EXPRESS OR IMPLIED WARRANTY AND PROS SHALL HAVE NO INDEMNIFICATION OBLIGATIONS, NOR WITHOUT ANY LIABILITY OF ANY TYPE WITH RESPECT TO A FREE TRIAL SERVICE, UNLESS SUCH EXCLUSION OF LIABILITY IS UNENFORCEABLE UNDER APPLICABLE LAW IN WHICH CASE, PROS TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO A FREE TRIAL SERVICE IS US$1,000WARRANTY. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN SECTION 7 ABOVE, CUSTOMER SHALL BE FULLY LIABLE FOR ANY DAMAGES ARISING OUT OF ITS USE OF A FREE TRIAL SERVICE. ANY CUSTOMER DATA AND CONFIGURATIONS ENTERED INTO CUSTOMER’S FREE TRIAL SERVICE ACCOUNT MAY BE PERMANENTLY LOST UPON TERMINATION OF THE FREE TRIAL SERVICEPlease review the Logbox Documentation during the trial period so that You become familiar with the features and functions of the Services before You make Your purchase.

Free Trial. If Customer uses registers on the SSC website for a Free Trial Servicefree trial or otherwise utilizes the functionality of the Services for free, PROS SSC will make such Free Trial Service one or more Services available to Customer on a trial basis, free of charge, until the earlier of (a) the end of the free trial period for which Customer agreed registered to use such Free Trial Servicethe applicable Service(s), or (b) the start date of any Subscription Purchased Service purchased subscriptions ordered by Customer for the same servicesuch Service(s). CUSTOMER SERVICES DATA ON SSC SYSTEMS OR IN OUR POSSESSION OR CONTROL, or (c) termination of the Free Trial Service by PROS in its sole discretionANY REPORTS, AND ANY CUSTOMIZATIONS MADE TO THE SERVICES BY OR FOR YOU, DURING YOUR FREE TRIAL MAY BE PERMANENTLY LOST OR DELETED AT THE END OF THE FREE TRIAL PERIOD UNLESS CUSTOMER PURCHASES A SUBSCRIPTION TO THE SAME SERVICES AS THOSE COVERED BY THE TRIAL OR PURCHASES UPGRADED SERVICES BEFORE THE END OF THE TRIAL PERIOD. Additional trial terms and conditions may appear on the trial registration web page. Any such additional terms and conditions are incorporated into this Agreement by reference and are legally binding. Free Trial Services are provided for evaluation purposes and not for production use. Customer shall have sole responsibility and PROS assumes no liability for any Customer Data that Customer may choose to upload on the Free Trial ServicesSSC WILL HAVE NO LIABILITY FOR ANY HARM OR DAMAGE ARISING OUT OF OR IN CONNECTION WITH A FREE TRIAL. NOTWITHSTANDING SECTION 5 8 (REPRESENTATIONS, WARRANTIES, EXCLUSIVE REMEDIES, AND 6 ABOVEDISCLAIMERS), DURING THE FREE TRIAL THE SERVICES ARE PROVIDED “AS AS-IS” WITH NO EXPRESS OR IMPLIED WARRANTY AND PROS SHALL HAVE NO INDEMNIFICATION OBLIGATIONS, NOR WITHOUT ANY LIABILITY OF ANY TYPE WITH RESPECT TO A FREE TRIAL SERVICE, UNLESS SUCH EXCLUSION OF LIABILITY IS UNENFORCEABLE UNDER APPLICABLE LAW IN WHICH CASE, PROS TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO A FREE TRIAL SERVICE IS US$1,000WARRANTY. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN SECTION 7 ABOVE, CUSTOMER SHALL BE FULLY LIABLE FOR ANY DAMAGES ARISING OUT OF ITS USE OF A FREE TRIAL SERVICE. ANY CUSTOMER DATA AND CONFIGURATIONS ENTERED INTO CUSTOMER’S FREE TRIAL SERVICE ACCOUNT MAY BE PERMANENTLY LOST UPON TERMINATION OF THE FREE TRIAL SERVICEPlease review the Documentation during the trial period so that you become familiar with the features and functions of the Services before you make your purchase.

Free Trial. If Customer uses You register on Our website for a Free Trial Servicefree trial, PROS Provider will make such Free Trial Service one or more Services available to Customer You on a trial basis, basis free of charge, charge until the earlier of (a) the end of the free trial period for which Customer agreed You registered to use such Free Trial Servicethe applicable Service(s), or (b) the start date of any Subscription Purchased Service purchased subscription ordered by Customer You for the same service, or (c) termination of the Free Trial Service by PROS in its sole discretionsuch Service(s). Additional trial terms and conditions may appear on the trial registration web page. Any such additional terms and conditions are incorporated into this Agreement by reference and are legally binding. Free Trial Services are provided for evaluation purposes and not for production use. Customer shall have sole responsibility and PROS assumes no liability for any Customer Data that Customer may choose to upload on the Free Trial Services. NOTWITHSTANDING SECTION 5 ANY DATA YOU ENTER INTO THE SERVICES, AND 6 ABOVEANY CUSTOMIZATIONS MADE TO THE SERVICES BY OR FOR YOU, DURING YOUR FREE TRIAL WILL BE PERMANENTLY LOST UNLESS YOU PURCHASE A SUBSCRIPTION TO THE SAME SERVICES AS THOSE COVERED BY THE TRIAL, PURCHASE UPGRADED SERVICES, OR EXPORT SUCH DATA, BEFORE THE END OF THE TRIAL PERIOD. YOU CANNOT TRANSFER DATA ENTERED OR CUSTOMIZATIONS MADE DURING THE FREE TRIAL TO A SERVICE THAT WOULD BE A DOWNGRADE FROM THAT COVERED BY THE TRIAL; THEREFORE, IF YOU PURCHASE A SERVICE THAT WOULD BE A DOWNGRADE FROM THAT COVERED BY THE TRIAL, YOU MUST EXPORT YOUR DATA BEFORE THE END OF THE TRIAL PERIOD OR YOUR DATA WILL BE PERMANENTLY LOST. DURING THE FREE TRIAL, THE SERVICES ARE PROVIDED “AS AS-IS” WITH NO EXPRESS OR IMPLIED WARRANTY AND PROS SHALL HAVE NO INDEMNIFICATION OBLIGATIONS, NOR WITHOUT ANY LIABILITY OF ANY TYPE WITH RESPECT TO A FREE TRIAL SERVICE, UNLESS SUCH EXCLUSION OF LIABILITY IS UNENFORCEABLE UNDER APPLICABLE LAW IN WHICH CASE, PROS TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO A FREE TRIAL SERVICE IS US$1,000WARRANTY. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN SECTION 7 ABOVE, CUSTOMER SHALL BE FULLY LIABLE FOR ANY DAMAGES ARISING OUT OF ITS USE OF A FREE TRIAL SERVICEDuring any free trial period Provider may disclose anonymous data about Your use of the Services (“Usage Statistics”) to Our service providers for the purpose of helping Us improve the Services. ANY CUSTOMER DATA AND CONFIGURATIONS ENTERED INTO CUSTOMER’S FREE TRIAL SERVICE ACCOUNT MAY BE PERMANENTLY LOST UPON TERMINATION OF THE FREE TRIAL SERVICEAny such disclosures of Usage Statistics to Our service providers will not include Your identity. 5.

Free Trial. If Customer uses You register on the Website for a Free Trial Servicefree trial, PROS will pilot account or demo (collectively, "free trial"), We may make such Free Trial Service one or more Services available to Customer You on a trial basis, basis free of charge, charge until the earlier of (a) the end of the free trial period for which Customer agreed You registered to use such Free Trial Servicethe applicable Service(s), or (b) the start date of any Subscription Purchased Service purchased subscriptions ordered by Customer You for the same service, or (c) termination of the Free Trial Service by PROS in its sole discretionsuch Service(s). Additional trial terms and conditions may appear on the trial registration web page. Any such additional terms and conditions are hereby incorporated into this Agreement by reference and are legally binding. Free Trial Services are provided for evaluation purposes and not for production use. Customer shall We will have sole responsibility and PROS assumes no liability for any Customer Data that Customer may choose to upload harm or damage arising out of or in connection with any Services provided on the Free Trial Servicesa trial basis free of charge. ANY DATA YOU ENTER INTO THE SERVICES, AND ANY CUSTOMIZATIONS MADE TO THE SERVICES BY OR FOR YOU, DURING YOUR FREE TRIAL MAY BE PERMANENTLY LOST UNLESS YOU PURCHASE A SUBSCRIPTION TO THE SAME SERVICES AS THOSE COVERED BY THE TRIAL, PURCHASE UPGRADED SERVICES, OR EXPORT SUCH DATA BEFORE THE END OF THE TRIAL PERIOD. YOU CANNOT TRANSFER DATA ENTERED OR CUSTOMIZATIONS MADE DURING THE FREE TRIAL TO A SERVICE THAT WOULD BE A DOWNGRADE FROM THAT COVERED BY THE TRIAL (E.G., FROM ENTERPRISE EDITION TO BASIC EDITION); THEREFORE, IF YOU PURCHASE A SERVICE THAT WOULD BE A DOWNGRADE FROM THAT COVERED BY THE TRIAL, YOU MUST EXPORT YOUR DATA BEFORE THE END OF THE TRIAL PERIOD OR YOUR DATA WILL BE PERMANENTLY LOST. NOTWITHSTANDING SECTION 5 9 (REPRESENTATIONS, WARRANTIES, EXCLUSIVE REMEDIES AND 6 ABOVEDISCLAIMERS) OR ANY OTHER PROVISION OF THIS AGREEMENT TO THE CONTRARY, DURING THE FREE TRIAL TRIAL, THE SERVICES ARE PROVIDED “AS AS-IS” WITH NO EXPRESS WITHOUT ANY REPRESENTATION OR IMPLIED WARRANTY AND PROS SHALL HAVE NO INDEMNIFICATION OBLIGATIONS, NOR ANY LIABILITY OF ANY TYPE WITH RESPECT TO A FREE TRIAL SERVICE, UNLESS SUCH EXCLUSION OF LIABILITY IS UNENFORCEABLE UNDER APPLICABLE LAW IN WHICH CASE, PROS TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO A FREE TRIAL SERVICE IS US$1,000WARRANTY. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN SECTION 7 ABOVE, CUSTOMER SHALL BE FULLY LIABLE FOR ANY DAMAGES ARISING OUT OF ITS USE OF A FREE TRIAL SERVICE. ANY CUSTOMER DATA AND CONFIGURATIONS ENTERED INTO CUSTOMER’S FREE TRIAL SERVICE ACCOUNT MAY BE PERMANENTLY LOST UPON TERMINATION OF THE FREE TRIAL SERVICEPlease review the Documentation during the trial period so that You become familiar with the features and functions of the Services before You make Your purchase.

Free Trial. If Customer uses registers on SFDC’s or an Affiliate’s website for a Free Trial Servicefree trial, PROS SFDC will make such Free Trial Service the applicable Service(s) available to Customer on a trial basis, basis free of charge, charge until the earlier of (a) the end of the free trial period for which Customer agreed registered to use such Free Trial Servicethe applicable Service(s), or (b) the start date of any Subscription Purchased Service purchased subscriptions ordered by Customer for the same servicesuch Service(s), or (c) termination of the Free Trial Service by PROS SFDC in its sole discretion. Additional trial terms and conditions may appear on the trial registration web page. Any such additional terms and conditions are incorporated into this Agreement by reference and are legally binding. Free Trial Services are provided for evaluation purposes and not for production useANY DATA CUSTOMER ENTERS INTO THE SERVICES, AND ANY CUSTOMIZATIONS MADE TO THE SERVICES BY OR FOR CUSTOMER, DURING CUSTOMER’S FREE TRIAL WILL BE PERMANENTLY LOST UNLESS CUSTOMER PURCHASES A SUBSCRIPTION TO THE SAME SERVICES AS THOSE COVERED BY THE TRIAL, PURCHASES APPLICABLE UPGRADED SERVICES, OR EXPORTS SUCH DATA, BEFORE THE END OF THE TRIAL PERIOD. Customer shall have sole responsibility and PROS assumes no liability for any Customer Data that Customer may choose to upload on the Free Trial ServicesCUSTOMER CANNOT TRANSFER DATA ENTERED OR CUSTOMIZATIONS MADE DURING THE FREE TRIAL TO A SERVICE THAT WOULD BE A DOWNGRADE FROM THAT COVERED BY THE TRIAL (E.G., FROM ENTERPRISE EDITION TO PROFESSIONAL EDITION); THEREFORE, IF CUSTOMER PURCHASES A SERVICE THAT WOULD BE A DOWNGRADE FROM THAT COVERED BY THE TRIAL, CUSTOMER MUST EXPORT CUSTOMER DATA BEFORE THE END OF THE TRIAL PERIOD OR CUSTOMER DATA WILL BE PERMANENTLY LOST. NOTWITHSTANDING THE “REPRESENTATIONS, WARRANTIES, EXCLUSIVE REMEDIES AND DISCLAIMERS” SECTION 5 AND 6 ABOVE“INDEMNIFICATION BY SFDC” SECTION BELOW, DURING THE FREE TRIAL THE SERVICES ARE PROVIDED “AS AS-IS” WITH NO EXPRESS OR IMPLIED WITHOUT ANY WARRANTY AND PROS SFDC SHALL HAVE NO INDEMNIFICATION OBLIGATIONS, OBLIGATIONS NOR ANY LIABILITY OF ANY TYPE WITH RESPECT TO A THE SERVICES FOR THE FREE TRIAL SERVICE, PERIOD UNLESS SUCH EXCLUSION OF LIABILITY IS UNENFORCEABLE NOT ENFORCEABLE UNDER APPLICABLE LAW IN WHICH CASE, PROS TOTAL AGGREGATE CASE SFDC’S LIABILITY ARISING OUT OF OR RELATING WITH RESPECT TO A THE SERVICES PROVIDED DURING THE FREE TRIAL SERVICE IS US$1,000SHALL NOT EXCEED $1,000.00. WITHOUT LIMITING THE FOREGOING, SFDC AND ITS AFFILIATES AND ITS LICENSORS DO NOT REPRESENT OR WARRANT TO CUSTOMER THAT: (A) CUSTOMER’S USE OF THE SERVICES DURING THE FREE TRIAL PERIOD WILL MEET CUSTOMER’S REQUIREMENTS, (B) CUSTOMER’S USE OF THE SERVICES DURING THE FREE TRIAL PERIOD WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR, AND (C) USAGE DATA PROVIDED DURING THE FREE TRIAL PERIOD WILL BE ACCURATE. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THE “LIMITATION OF LIABILITY” SECTION 7 ABOVEBELOW, CUSTOMER SHALL BE FULLY LIABLE UNDER THIS AGREEMENT TO SFDC AND ITS AFFILIATES FOR ANY DAMAGES ARISING OUT OF ITS CUSTOMER’S USE OF A FREE TRIAL SERVICE. ANY CUSTOMER DATA AND CONFIGURATIONS ENTERED INTO CUSTOMER’S FREE TRIAL SERVICE ACCOUNT MAY BE PERMANENTLY LOST UPON TERMINATION OF THE SERVICES DURING THE FREE TRIAL PERIOD, ANY BREACH BY CUSTOMER OF THIS AGREEMENT AND ANY OF CUSTOMER’S INDEMNIFICATION OBLIGATIONS HEREUNDER. CUSTOMER SHALL REVIEW THE APPLICABLE SERVICE’S DOCUMENTATION DURING THE TRIAL PERIOD TO BECOME FAMILIAR WITH THE FEATURES AND FUNCTIONS OF THE SERVICES BEFORE MAKING A PURCHASE.

Free Trial. 2.1 If Customer uses You register for a Free Trial Servicefree trial, PROS We will make such Free Trial Service one or more Services available to Customer You on a trial basis, basis free of charge, charge until the earlier of (a) the end of the free trial period for which Customer agreed you registered to use such Free Trial Servicethe applicable Service(s), or (b) the start date of any Subscription Purchased Service purchased subscriptions ordered by Customer You for the same service, or (c) termination of the Free Trial Service by PROS in its sole discretionsuch Service(s). Additional trial terms and conditions may appear on the trial registration web page. Any such additional terms and conditions are incorporated into this Agreement by reference and are legally binding. 2.2 ANY DATA YOU ENTER INTO THE SERVICES, AND ANY CUSTOMIZATIONS MADE TO THE SERVICES BY OR FOR YOU, DURING YOUR FREE TRIAL WILL BE PERMANENTLY LOST UNLESS YOU PURCHASE A SUBSCRIPTION TO THE SAME SERVICES AS THOSE COVERED BY THE TRIAL, PURCHASE UPGRADED SERVICES, OR EXPORT SUCH DATA, BEFORE THE END OF THE TRIAL PERIOD. Free Trial Services are provided for evaluation purposes and not for production use. Customer shall have sole responsibility and PROS assumes no liability for any Customer Data that Customer may choose to upload on the Free Trial ServicesYOU CANNOT TRANSFER DATA ENTERED OR CUSTOMIZATIONS MADE DURING THE FREE TRIAL TO A SERVICE THAT WOULD BE A DOWNGRADE FROM THAT COVERED BY THE TRIAL (E.G., FROM PROFESSIONAL EDITION TO STANDARD EDITION); THEREFORE, IF YOU PURCHASE A SERVICE THAT WOULD BE A DOWNGRADE FROM THAT COVERED BY THE TRIAL, YOU MUST EXPORT YOUR DATA BEFORE THE END OF THE TRIAL PERIOD OR YOUR DATA MAY BE PERMANENTLY LOST. NOTWITHSTANDING SECTION 5 8 (REPRESENTATIONS, WARRANTIES, EXCLUSIVE REMEDIES AND 6 ABOVEDISCLAIMERS), DURING THE FREE TRIAL THE SERVICES ARE PROVIDED “AS AS-IS” WITH NO EXPRESS OR IMPLIED WARRANTY AND PROS SHALL HAVE NO INDEMNIFICATION OBLIGATIONS, NOR WITHOUT ANY LIABILITY OF ANY TYPE WITH RESPECT TO A FREE TRIAL SERVICE, UNLESS SUCH EXCLUSION OF LIABILITY IS UNENFORCEABLE UNDER APPLICABLE LAW IN WHICH CASE, PROS TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO A FREE TRIAL SERVICE IS US$1,000WARRANTY. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN SECTION 7 ABOVE, CUSTOMER SHALL BE FULLY LIABLE FOR ANY DAMAGES ARISING OUT OF ITS USE OF A FREE TRIAL SERVICE. ANY CUSTOMER DATA AND CONFIGURATIONS ENTERED INTO CUSTOMER’S FREE TRIAL SERVICE ACCOUNT MAY BE PERMANENTLY LOST UPON TERMINATION OF THE FREE TRIAL SERVICEPlease review the User Guide during the trial period so that You become familiar with the features and functions of the Services before You make Your purchase.

Free Trial. If Customer uses registers on the SSC website for a Free Trial Servicefree trial or otherwise utilizes the functionality of the Services for free, PROS SSC will make such Free Trial Service one or more Services available to Customer on a trial basis, free of charge, until the earlier of (a) the end of the free trial period for which Customer agreed registered to use such Free Trial Servicethe applicable Service(s), or (b) the start date of any Subscription Purchased Service purchased subscriptions ordered by Customer for the same service, or (c) termination of the Free Trial Service by PROS in its sole discretionsuch Service(s). Additional trial terms and conditions may appear on the trial registration web page. Any in connection with such additional terms free Services and conditions are incorporated into this Agreement by reference and are legally bindingreference. Free Trial Services are provided for evaluation purposes and not for production useCUSTOMER SERVICES DATA ON SSC SYSTEMS OR IN OUR POSSESSION OR CONTROL, ANY REPORTS, AND ANY CUSTOMIZATIONS MADE TO THE SERVICES BY OR FOR YOU, DURING YOUR FREE TRIAL MAY BE PERMANENTLY LOST OR DELETED AT THE END OF THE FREE TRIAL PERIOD UNLESS CUSTOMER PURCHASES A SUBSCRIPTION TO THE SAME SERVICES AS THOSE COVERED BY THE TRIAL OR PURCHASE UPGRADED SERVICES BEFORE THE END OF THE TRIAL PERIOD. Customer shall have sole responsibility and PROS assumes no liability for any Customer Data that Customer may choose to upload on the Free Trial ServicesSSC WILL HAVE NO LIABILITY FOR ANY HARM OR DAMAGE ARISING OUT OF OR IN CONNECTION WITH A FREE TRIAL. NOTWITHSTANDING SECTION 5 9 (REPRESENTATIONS, WARRANTIES, EXCLUSIVE REMEDIES, AND 6 ABOVEDISCLAIMERS), DURING THE FREE TRIAL THE SERVICES ARE PROVIDED “AS AS-IS” WITH NO EXPRESS OR IMPLIED WARRANTY AND PROS SHALL HAVE NO INDEMNIFICATION OBLIGATIONS, NOR WITHOUT ANY LIABILITY OF ANY TYPE WITH RESPECT TO A FREE TRIAL SERVICE, UNLESS SUCH EXCLUSION OF LIABILITY IS UNENFORCEABLE UNDER APPLICABLE LAW IN WHICH CASE, PROS TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO A FREE TRIAL SERVICE IS US$1,000WARRANTY. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN SECTION 7 ABOVE, CUSTOMER SHALL BE FULLY LIABLE FOR ANY DAMAGES ARISING OUT OF ITS USE OF A FREE TRIAL SERVICE. ANY CUSTOMER DATA AND CONFIGURATIONS ENTERED INTO CUSTOMER’S FREE TRIAL SERVICE ACCOUNT MAY BE PERMANENTLY LOST UPON TERMINATION OF THE FREE TRIAL SERVICEPlease review the Documentation during the trial period so that you become familiar with the features and functions of the Services before you make your purchase.

Free Trial. If Customer uses registers on Deputy’s or an Affiliate’s website for a Free Trial Servicefree trial, PROS Deputy will make such Free Trial Service the applicable Service(s) available to Customer on a trial basis, basis free of charge, charge until the earlier of of (a) the end of the free trial period for which Customer agreed registered to use such Free Trial Servicethe applicable Service(s), or (b) the start date of any Subscription Purchased Service purchased subscriptions ordered by Customer for the same servicesuch Service(s), or (c) termination of the Free Trial Service free trial by PROS Deputy in its sole discretion. Additional trial terms and conditions may appear on the trial registration web page. Any such additional terms and conditions are incorporated into this Agreement by reference and are legally binding. Free Trial Services are provided for evaluation purposes and not for production use. Customer shall have sole responsibility and PROS assumes no liability for any Any Customer Data that a Customer may choose enters into the Services, and any customizations made to upload on the Free Trial ServicesServices by or for Customer, during Customer’s free trial will be permanently lost to the Customer unless Customer purchases a subscription to the same Services as those covered by the free trial or exports such data, before the end of the trial period. NOTWITHSTANDING SECTION 5 SECTIONS 8 (WARRANTIES AND 6 ABOVEDISCLAIMERS) AND 9.1 (INDEMNIFICATION BY DEPUTY) BELOW, BUT SUBJECT TO APPLICABLE LAWS, DURING THE FREE TRIAL THE SERVICES ARE PROVIDED ON AN “AS-IS” AND “AS ISAVAILABLE” WITH NO EXPRESS OR IMPLIED BASIS WITHOUT ANY WARRANTY AND PROS DEPUTY SHALL HAVE NO INDEMNIFICATION OBLIGATIONS, OBLIGATIONS NOR ANY LIABILITY OF ANY TYPE WITH RESPECT TO A THE SERVICES FOR THE FREE TRIAL SERVICE, PERIOD UNLESS SUCH EXCLUSION OF LIABILITY IS UNENFORCEABLE NOT ENFORCEABLE UNDER APPLICABLE LAW IN WHICH CASE, PROS TOTAL AGGREGATE CASE DEPUTY’S LIABILITY ARISING OUT OF OR RELATING WITH RESPECT TO A THE SERVICES PROVIDED DURING THE FREE TRIAL SERVICE IS SHALL NOT EXCEED US$1,000100 IN THE AGGREGATE. WITHOUT LIMITING THE FOREGOING, DEPUTY AND ITS AFFILIATES AND ITS LICENSORS DO NOT REPRESENT OR WARRANT TO CUSTOMER THAT: (A) CUSTOMER’S USE OF THE SERVICES DURING THE FREE TRIAL PERIOD WILL MEET CUSTOMER’S REQUIREMENTS, (B) CUSTOMER’S USE OF THE SERVICES DURING THE FREE TRIAL PERIOD WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR, AND (C) USAGE DATA PROVIDED DURING THE FREE TRIAL PERIOD WILL BE ACCURATE. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN SECTION 7 ABOVE10 (LIMITATION OF LIABILITY) BELOW, CUSTOMER SHALL BE IS FULLY LIABLE UNDER THIS AGREEMENT TO DEPUTY AND ITS AFFILIATES FOR ANY DAMAGES ARISING OUT OF ITS CUSTOMER’S USE OF A FREE TRIAL SERVICE. ANY CUSTOMER DATA AND CONFIGURATIONS ENTERED INTO CUSTOMER’S FREE TRIAL SERVICE ACCOUNT MAY BE PERMANENTLY LOST UPON TERMINATION OF THE SERVICES DURING THE FREE TRIAL SERVICEPERIOD, ANY BREACH BY CUSTOMER OF THIS AGREEMENT AND THE CUSTOMER’S INDEMNIFICATION OBLIGATIONS UNDER THIS AGREEMENT.

Free Trial. If Customer uses With regard to any permitted access to and use of the Products by Company related to a free trial, evaluation, license key extension or other non-production use authorized by Sonatype (the “Free Trial ServiceUse”), PROS will Sonatype agrees to make such Free Trial Service Products available to Customer Company for a term to expire on a trial basis, free of charge, until the earlier of of: (a) the end of the free trial period for which Customer agreed you registered to use such Free Trial Service, the Product; or (b) the start date of any Subscription Service Subscriptions for such Product purchased by Customer for Company from Sonatype (the same service, or (c) termination of the “Free Trial Service by PROS in its sole discretionUse Period”). Additional trial terms and conditions governing such Free Use may appear on the trial registration web page. Any be imposed by Xxxxxxxx, and any such additional terms and conditions are incorporated into this Agreement by reference and are legally binding. Free Trial Services are provided for evaluation purposes and not for production useANY DATA THAT COMPANY ENTERS INTO THE PRODUCTS, AND ANY PERMITTED CUSTOMIZATIONS MADE TO THE PRODUCTS BY OR FOR COMPANY, DURING THE FREE USE PERIOD WILL BE PERMANENTLY LOST UNLESS (a) COMPANY PURCHASES A SUBSCRIPTION TO THE SAME PRODUCTS AS THOSE COVERED BY THE FREE USE OR (b) EXPORTS SUCH DATA BEFORE THE END OF THE FREE USE PERIOD. Customer shall have sole responsibility and PROS assumes no liability for any Customer Data that Customer may choose to upload on the Free Trial ServicesCOMANY CANNOT TRANSFER DATA ENTERED OR CUSTOMIZATIONS MADE DURING THE FREE USE PERIOD TO A PRODUCT THAT WOULD BE A DOWNGRADE FROM THAT USED DURING THE FREE USE PERIOD AND, THEREFORE, IF COMPANY PURCHASES A PRODUCT THAT WOULD BE A DOWNGRADE COMPANY MUST EXPORT ITS DATA BEFORE THE END OF THE FREE USE PERIOD OR IT WILL BE PERMANENTLY LOST. NOTWITHSTANDING SECTION 5 8 (WARRANTIES AND 6 ABOVEDISCLAIMERS), DURING THE FREE TRIAL SERVICES USE PERIOD THE PRODUCTS ARE PROVIDED “AS AS-IS” WITH NO EXPRESS OR IMPLIED WARRANTY AND PROS SHALL HAVE NO INDEMNIFICATION OBLIGATIONS, NOR WITHOUT ANY LIABILITY OF ANY TYPE WITH RESPECT TO A FREE TRIAL SERVICE, UNLESS SUCH EXCLUSION OF LIABILITY IS UNENFORCEABLE UNDER APPLICABLE LAW IN WHICH CASE, PROS TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO A FREE TRIAL SERVICE IS US$1,000. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN SECTION 7 ABOVE, CUSTOMER SHALL BE FULLY LIABLE FOR ANY DAMAGES ARISING OUT OF ITS USE OF A FREE TRIAL SERVICE. ANY CUSTOMER DATA AND CONFIGURATIONS ENTERED INTO CUSTOMER’S FREE TRIAL SERVICE ACCOUNT MAY BE PERMANENTLY LOST UPON TERMINATION OF THE FREE TRIAL SERVICEWARRANTY.

Free Trial. If Customer uses registers on ENLYT’s or an Affiliate’s website for a Free Trial Servicefree trial, PROS ENLYT will make such Free Trial Service the applicable Service(s) available to Customer on a trial basis, basis free of charge, charge until the earlier of (a) the end of the free trial period for which Customer agreed registered to use such Free Trial Servicethe applicable Service(s), or (b) the start date of any Subscription Purchased Service purchased subscriptions ordered by Customer for the same servicesuch Service(s), or (c) termination of the Free Trial Service by PROS ENLYT in its sole discretion. Additional trial terms and conditions may appear on the trial registration web page. Any such additional terms and conditions are incorporated into this Agreement by reference and are legally binding. Free Trial Services are provided for evaluation purposes and not for production useANY DATA CUSTOMER ENTERS INTO THE SERVICES, AND ANY CUSTOMIZATIONS MADE TO THE SERVICES BY OR FOR CUSTOMER, DURING CUSTOMER’S FREE TRIAL WILL BE PERMANENTLY LOST UNLESS CUSTOMER PURCHASES A SUBSCRIPTION TO THE SAME SERVICES AS THOSE COVERED BY THE TRIAL, PURCHASES APPLICABLE UPGRADED SERVICES, OR EXPORTS SUCH DATA, BEFORE THE END OF THE TRIAL PERIOD. Customer shall have sole responsibility and PROS assumes no liability for any Customer Data that Customer may choose to upload on the Free Trial ServicesCUSTOMER CANNOT TRANSFER DATA ENTERED OR CUSTOMIZATIONS MADE DURING THE FREE TRIAL TO A SERVICE THAT WOULD BE A DOWNGRADE FROM THAT COVERED BY THE TRIAL (E.G., FROM ENTERPRISE EDITION TO PROFESSIONAL EDITION); THEREFORE, IF CUSTOMER PURCHASES A SERVICE THAT WOULD BE A DOWNGRADE FROM THAT COVERED BY THE TRIAL, CUSTOMER MUST EXPORT CUSTOMER DATA BEFORE THE END OF THE TRIAL PERIOD OR CUSTOMER DATA WILL BE PERMANENTLY LOST. NOTWITHSTANDING THE “REPRESENTATIONS, WARRANTIES, EXCLUSIVE REMEDIES AND DISCLAIMERS” SECTION 5 AND 6 ABOVE“INDEMNIFICATION BY ENLYT” SECTION BELOW, DURING THE FREE TRIAL THE SERVICES ARE PROVIDED “AS AS-IS” WITH NO EXPRESS OR IMPLIED WITHOUT ANY WARRANTY AND PROS ENLYT SHALL HAVE NO INDEMNIFICATION OBLIGATIONS, OBLIGATIONS NOR ANY LIABILITY OF ANY TYPE WITH RESPECT TO A THE SERVICES FOR THE FREE TRIAL SERVICE, PERIOD UNLESS SUCH EXCLUSION OF LIABILITY IS UNENFORCEABLE NOT ENFORCEABLE UNDER APPLICABLE LAW IN WHICH CASE, PROS TOTAL AGGREGATE CASE ENLYT’S LIABILITY ARISING OUT OF OR RELATING WITH RESPECT TO A THE SERVICES PROVIDED DURING THE FREE TRIAL SERVICE IS US$1,000SHALL NOT EXCEED $1,000.00. WITHOUT LIMITING THE FOREGOING, ENLYT AND ITS AFFILIATES AND ITS LICENSORS DO NOT REPRESENT OR WARRANT TO CUSTOMER THAT: (A) CUSTOMER’S USE OF THE SERVICES DURING THE FREE TRIAL PERIOD WILL MEET CUSTOMER’S REQUIREMENTS, (B) CUSTOMER’S USE OF THE SERVICES DURING THE FREE TRIAL PERIOD WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR, AND (C) USAGE DATA PROVIDED DURING THE FREE TRIAL PERIOD WILL BE ACCURATE. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THE “LIMITATION OF LIABILITY” SECTION 7 ABOVEBELOW, CUSTOMER SHALL BE FULLY LIABLE UNDER THIS AGREEMENT TO ENLYT AND ITS AFFILIATES FOR ANY DAMAGES ARISING OUT OF ITS CUSTOMER’S USE OF A FREE TRIAL SERVICE. ANY CUSTOMER DATA AND CONFIGURATIONS ENTERED INTO CUSTOMER’S FREE TRIAL SERVICE ACCOUNT MAY BE PERMANENTLY LOST UPON TERMINATION OF THE SERVICES DURING THE FREE TRIAL PERIOD, ANY BREACH BY CUSTOMER OF THIS AGREEMENT AND ANY OF CUSTOMER’S INDEMNIFICATION OBLIGATIONS HEREUNDER. CUSTOMER SHALL REVIEW THE APPLICABLE SERVICE’S DOCUMENTATION DURING THE TRIAL PERIOD TO BECOME FAMILIAR WITH THE FEATURES AND FUNCTIONS OF THE SERVICES BEFORE MAKING A PURCHASE.