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.

Appears in 8 contracts

Samples: Master Subscription and Professional Services Agreement, Master Subscription and Professional Services Agreement, Master Subscription and Professional Services Agreement

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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 these Terms by reference and are legally bindingbinding (but solely with respect to the Free Trial Service to which they apply). Free Trial Services are provided for evaluation purposes and not for production use. Customer shall have sole responsibility responsibility, and PROS assumes no liability liability, for any Customer Data that Customer may choose to upload on the Free Trial Services. Notwithstanding Section Sections 4 and 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 6 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.

Appears in 6 contracts

Samples: Master Subscription Agreement, Master Subscription Agreement, Master Subscription Agreement

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 bindingbinding (but solely with respect to the Free Trial Service to which they apply). Free Trial Services are provided for evaluation purposes and not for production use. Customer shall have sole responsibility responsibility, and PROS assumes no liability liability, for any Customer Data that Customer may choose to upload on the Free Trial Services. Notwithstanding Section Sections 4 and 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 5 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.

Appears in 2 contracts

Samples: Master Subscription Agreement, Master Subscription Agreement

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. 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.

Appears in 1 contract

Samples: Master Subscription and Professional Services Agreement

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.Service.‌

Appears in 1 contract

Samples: Master Subscription and Professional Services Agreement

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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 these Terms by reference and are legally bindingbinding (but solely with respect to the Free Trial Service to which they apply). Free Trial Services are provided for evaluation purposes and not for production use. Customer shall have sole responsibility responsibility, and PROS assumes no liability liability, for any Customer Data that Customer may choose to upload on the Free Trial Services. Notwithstanding Section Sections 4 and 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 Maximum liability arising out of or relating to a Free Trial Service is US$1,000. Notwithstanding anything to the contrary in Section 7 6 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.

Appears in 1 contract

Samples: Master Subscription Agreement

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. 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.

Appears in 1 contract

Samples: Master Subscription and Professional Services Agreement

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(unless earlier terminated by PROS), or (b) the start date of any Subscription Service purchased paid subscription by Customer for the same service, or (c) termination of the Free Trial Service by PROS in its sole discretionSubscription Service. Additional trial terms and conditions may appear on the trial registration web page. Any such additional terms and conditions are incorporated into this Agreement herein by reference and are legally bindingbinding (but solely with respect to the Free Trial Service to which they apply). Free Trial Services are provided for evaluation purposes and not for production use. Customer shall have has sole responsibility responsibility, and PROS assumes no liability liability, for any Customer Data that Customer may choose to upload on the Free Trial Services. Notwithstanding Section Sections 4 and 5 and 6 above, Free Trial Services are provided “as is” with no express or implied without warranty and PROS shall have has 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 maximum aggregate liability arising out of or relating to a Free Trial Service is US$1,000. Notwithstanding anything to the contrary in Section 7 6 above, Customer shall be is fully liable for any damages arising out of its use of a Free Trial Service. Any Unless Customer purchases a subscription to the applicable subscription service before the end of the Free Trial, All Customer Data and configurations entered into Customer’s Free Trial Service account may will be permanently lost upon termination of the Free Trial Servicedeleted.

Appears in 1 contract

Samples: Master Subscription Agreement

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