Common use of Free Trial Clause in Contracts

Free Trial. (a) If You register on SpringCM’s website for a free trial to the SpringCM Solutions (as defined in Section 1.2), this Agreement will govern your use of the Solutions on a no-charge, free trial basis during the specified free trial period. This Agreement will also govern your use of the Solutions after the free trial period, if you elect to purchase a Subscription to any of the Solutions. (b) ANY CUSTOMER CONTENT (AS DEFINED IN SECTION 5.2) YOU ENTER OR UPLOAD INTO THE SOLUTIONS, AND ANY CONFIGURATIONS, PREFERENCE SETTINGS, AND OTHER CUSTOMIZATIONS YOU MAKE TO THE SOLUTIONS, DURING YOUR FREE TRIAL PERIOD, WILL BE PERMANENTLY DELETED FROM THE SOLUTIONS AT THE END OF THE FREE TRIAL PERIOD UNLESS, PRIOR TO THEN: (I) YOU PURCHASE A SUBSCRIPTION TO THE SOLUTIONS THAT WERE COVERED BY YOUR FREE TRIAL; OR (II) YOU PURCHASE A SUBSCRIPTION TO UPGRADED SOLUTIONS. SPRINGCM WILL HAVE NO RESPONSIBILITY OR LIABILITY FOR ANY DELETION OF CUSTOMER CONTENT AS DESCRIBED ABOVE. (c) NOTWITHSTANDING SECTION 8, DURING THE FREE TRIAL PERIOD THE SOLUTIONS ARE PROVIDED “AS-IS,” WITHOUT ANY WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, AND ALL WARRANTIES, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ARE HEREBY DISCLAIMED AND EXCLUDED WITH RESPECT TO ANY FREE TRIAL PERIOD.

Appears in 1 contract

Samples: Master Subscription and Services Agreement

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Free Trial. You register for a free trial, We will make one or more Services available to You on a trial basis free of charge until the earlier of (a) If the end of the thirty (30) day free trial period for which You register on SpringCM’s website registered, or (b) the start date of any paid subscriptions ordered by You for such Service(s). A free trial shall be limited to up to two (2) administrator accounts and up to twenty (20) associated licenses. In addition, We may further limit, suspend, or terminate a free trial to in our sole discretion if We believe that Your activities are creating problems, possible legal liabilities, or acting inconsistently with the SpringCM Solutions (as defined in Section 1.2), letter or spirit of this Agreement will govern your use of the Solutions on a no-charge, or Our policies. Additional free trial basis during the specified free trial period. This Agreement will also govern your use of the Solutions after terms and conditions (beyond those set forth in this Agreement) may appear on the free trial period, if you elect to purchase a Subscription to any of the Solutions. (b) registration web page. Any such additional terms and conditions are incorporated into this Agreement by reference and are legally binding. ANY CUSTOMER CONTENT (AS DEFINED IN SECTION 5.2) DATA YOU ENTER OR UPLOAD INTO THE SOLUTIONS, AND ANY CONFIGURATIONS, PREFERENCE SETTINGS, AND OTHER CUSTOMIZATIONS YOU MAKE TO THE SOLUTIONS, SERVICES DURING YOUR FREE TRIAL PERIOD, WILL BE PERMANENTLY DELETED LOST UNLESS YOU PURCHASE A SUBSCRIPTION TO THE SAME SERVICES AS THOSE COVERED BY THE FREE TRIAL, PURCHASE APPLICABLE UPGRADED SERVICES OR EXPORT SUCH DATA (IF APPLICABLE) BEFORE THE END OF THE FREE TRIAL PERIOD. YOU CANNOT TRANSFER DATA ENTERED DURING THE FREE TRIAL TO A SERVICE THAT WOULD BE A DOWNGRADE FROM THAT COVERED BY THE FREE TRIAL (E.G., FROM THE SOLUTIONS AT PREMIUM VERSION TO THE ENHANCED VERSION); THEREFORE, IF YOU PURCHASE A SERVICE THAT WOULD BE A DOWNGRADE FROM THAT COVERED BY THE FREE TRIAL, YOU MUST EXPORT YOUR DATA (IF APPLICABLE) BEFORE THE END OF THE FREE TRIAL PERIOD UNLESS, PRIOR TO THEN: OR YOUR DATA WILL BE PERMANENTLY LOST. NOTWITHSTANDING SECTIONS 13(A) AND (I) YOU PURCHASE A SUBSCRIPTION TO THE SOLUTIONS THAT WERE COVERED BY YOUR FREE TRIAL; OR (II) YOU PURCHASE A SUBSCRIPTION TO UPGRADED SOLUTIONS. SPRINGCM WILL HAVE NO RESPONSIBILITY OR LIABILITY FOR ANY DELETION OF CUSTOMER CONTENT AS DESCRIBED ABOVE. (c) NOTWITHSTANDING SECTION 8B), DURING THE FREE TRIAL PERIOD THE SOLUTIONS SERVICES ARE PROVIDED “AS-IS,” WITHOUT ANY WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, AND ALL WARRANTIES, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ARE HEREBY DISCLAIMED AND EXCLUDED WITH RESPECT TO ANY WARRANTY. SUPPORT DURING THE FREE TRIAL PERIODSHALL NOT BE PROVIDED ON A 24X7 BASIS AND SHALL BE LIMITED AS SET FORTH ON OUR WEBSITE. Please review the applicable Service’s Documentation during the Free Trial period so that You become familiar with the features and functions of the Services before You make Your purchase.

Appears in 1 contract

Samples: Terms of Service

Free Trial. If Customer registers on PeerNova’s website or product listing on the Salesforce AppExchange for a free trial, PeerNova will make the applicable Service(s) available to Customer on a trial basis free of charge until the earlier of (a) If You register on SpringCM’s website for a free trial to the SpringCM Solutions (as defined in Section 1.2), this Agreement will govern your use end of the Solutions on a no-charge, free trial basis during the specified free trial period. This Agreement will also govern your use of the Solutions after the free trial periodperiod for which Customer registered to use the applicable Service(s), if you elect to purchase a Subscription to any of the Solutions. or (b) the start date of any Purchased Services subscriptions ordered by Customer for such Service(s), or (c) termination by PeerNova of the free trial 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 THAT CUSTOMER CONTENT (AS DEFINED IN SECTION 5.2) YOU ENTER OR UPLOAD ENTERS INTO THE SOLUTIONSSERVICES, AND ANY CONFIGURATIONS, PREFERENCE SETTINGS, AND OTHER CUSTOMIZATIONS YOU MAKE MADE TO THE SOLUTIONSSERVICES BY OR FOR CUSTOMER, DURING YOUR CUSTOMER’S FREE TRIAL PERIODTRIAL, WILL BE PERMANENTLY DELETED FROM LOST UNLESS CUSTOMER PURCHASES A SUBSCRIPTION TO THE SOLUTIONS AT SAME SERVICES AS THOSE COVERED BY THE TRIAL, 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 PERIOD UNLESS, PRIOR TO THEN: (I) YOU PURCHASE A SUBSCRIPTION TO THE SOLUTIONS SERVICE THAT WERE WOULD BE A DOWNGRADE FROM THAT COVERED BY YOUR FREE THE TRIAL (E.G., FROM UNLIMITED EDITION TO ENTERPRISE 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 (II) YOU PURCHASE A SUBSCRIPTION TO UPGRADED SOLUTIONSCUSTOMER DATA WILL BE PERMANENTLY LOST. SPRINGCM WILL HAVE NO RESPONSIBILITY OR LIABILITY FOR ANY DELETION OF CUSTOMER CONTENT AS DESCRIBED ABOVE. (c) NOTWITHSTANDING SECTION 86.2 (PEERNOVA’S INDEMNITY) AND SECTION 7 (REPRESENTATIONS AND WARRANTIES), DURING THE FREE TRIAL PERIOD THE SOLUTIONS SERVICES ARE PROVIDED “AS-IS,” WITHOUT ANY WARRANTY AND PEERNOVA SHALL HAVE NO INDEMNIFICATION OBLIGATIONS NOR LIABILITY OF ANY KIND, EXPRESS OR IMPLIED, AND ALL WARRANTIES, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ARE HEREBY DISCLAIMED AND EXCLUDED TYPE WITH RESPECT TO THE SERVICES FOR THE FREE TRIAL PERIOD UNLESS SUCH EXCLUSION OF LIABILITY IS NOT ENFORCEABLE UNDER APPLICABLE LAW, IN WHICH CASE PEERNOVA’S LIABILITY WITH RESPECT TO THE SERVICES PROVIDED DURING THE FREE TRIAL SHALL NOT EXCEED $100.00. WITHOUT LIMITING THE FOREGOING, PEERNOVA 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, OR (C) USAGE DATA PROVIDED DURING THE FREE TRIAL PERIOD WILL BE ACCURATE. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN SECTION 9 (LIMITATIONS OF LIABILITY), CUSTOMER SHALL BE FULLY LIABLE UNDER THIS AGREEMENT TO PEERNOVA AND ITS AFFILIATES FOR ANY 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 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.

Appears in 1 contract

Samples: Master Subscription Agreement

Free Trial. 3.1.1 Upon registration for a free trial, if such free trial of the Services is provided, HW may make some of the Services either in full or in part avaiIabIe to the Subscriber on a triaI basis free of charge untiI the earIier of (a) If You register on SpringCM’s website the end of the free triaI period specified in the Services Pack description or HW web page for a free trial which the Subscriber is registered or is registering to use the applicable Services or (b) the start date of subscription to the SpringCM Solutions (as defined Services. Additional trial terms and conditions may appear on the trial registration web page or in Section 1.2), the Services pack description. Any such additional terms and conditions are incorporated into this Agreement will govern your use by reference and are legally binding. Terms and conditions of the Solutions on a no-charge, free trial basis this Agreement with special conditions stated in Clause 3.1 apply also during the specified free trial period. This Agreement will also govern your use of the Solutions after the free trial period, if you elect to purchase a Subscription to any of the Solutions. (b) ANY CUSTOMER CONTENT (AS DEFINED IN SECTION 5.2) YOU ENTER OR UPLOAD DATA THE SUBSCRIBER ENTERS INTO THE SOLUTIONSSYSTEM, AND ANY CONFIGURATIONS, PREFERENCE SETTINGS, AND OTHER CUSTOMIZATIONS YOU MAKE MADE TO THE SOLUTIONSSYSTEM BY OR FOR THE SUBSCRIBER, DURING YOUR USER'S FREE TRIAL PERIOD, PERIOD WILL BE PERMANENTLY DELETED LOST UNLESS THE SUBSCRIBER SUBSCRIBES TO THE SAME SERVICES AS THAT COVERED BY THE TRIAL, SUBSCRIBES TO THE UPGRADED SERVICES, OR EXPORT SUCH DATA FROM THE SOLUTIONS AT SYSTEM, BEFORE THE END OF THE FREE TRIAL PERIOD UNLESS, PRIOR TO THEN: (I) YOU PURCHASE A SUBSCRIPTION TO PERIOD. THE SOLUTIONS THAT WERE COVERED BY YOUR FREE TRIAL; SUBSCRIBER CANNOT TRANSFER DATA ENTERED OR (II) YOU PURCHASE A SUBSCRIPTION TO UPGRADED SOLUTIONS. SPRINGCM WILL HAVE NO RESPONSIBILITY OR LIABILITY FOR ANY DELETION OF CUSTOMER CONTENT AS DESCRIBED ABOVE. (c) NOTWITHSTANDING SECTION 8, CUSTOMIZATIONS MADE DURING THE FREE TRIAL TO A SYSTEM THAT WOULD BE A DOWNGRADE FROM THAT COVERED BY THE TRIAL; THEREFORE, IF THE SUBSCRIBER SUBSCRIBES TO THE SERVICES THAT WOULD BE A DOWNGRADE FROM THAT COVERED BY THE TRIAL, THE SUBSCRIBER MUST EXPORT IT'S DATA FROM THE SYSTEM BEFORE THE END OF THE TRIAL PERIOD OR IT'S DATA WILL BE PERMANENTLY LOST. DURING THE SOLUTIONS FREE TRIAL THE SERVICES ARE PROVIDED “AS-AS IS,” WITHOUT ANY WARRANTY OF ANY KINDWARRANTY. The Subscriber shall review any available Documentation (e.g. manuals, EXPRESS OR IMPLIEDtraining materials, AND ALL WARRANTIESdemos etc) as well as test the Services and the System during the trial period so that the Subscriber becomes familiar with the features and functions provided as weII as finds it appropriate for itseIf and becomes famiIiar with the appIicabIe fees and evaIuates its materiaI situation before the Subscriber starts the subscription to the Services. ShouId the Subscriber find the avaiIabIe Documentation, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSEServices Pack description(s) not enough or the Free TriaI Period not Iong enough for making a decision either the Services fit the purpose of the Subscriber and meet it's expectations, ARE HEREBY DISCLAIMED AND EXCLUDED WITH RESPECT TO ANY FREE TRIAL PERIODor to become fuIIy famiIiar with the features and functions of the Services or to find out that applicable fees and terms are appropriate for the Subscriber, the Subscriber must not subscribe to the Services.

Appears in 1 contract

Samples: Subscription Agreement

Free Trial. (a) If You register on SpringCM’s website for a free trial to the SpringCM Solutions (as defined in Section 1.2), this Agreement will govern your use of the Solutions on a no-charge, free trial basis during the specified free trial period. This Agreement will also govern your use of the Solutions after the free trial period, if you elect to purchase a Subscription to any of the Solutions. (b) ANY CUSTOMER CONTENT (AS DEFINED IN SECTION 5.2) YOU ENTER OR UPLOAD INTO THE SOLUTIONS, AND ANY CONFIGURATIONS, PREFERENCE SETTINGS, AND OTHER CUSTOMIZATIONS YOU MAKE TO THE SOLUTIONS, DURING YOUR FREE TRIAL PERIOD, WILL BE PERMANENTLY DELETED FROM THE SOLUTIONS AT THE END OF THE FREE TRIAL PERIOD UNLESS, PRIOR TO THEN: (I) YOU PURCHASE A SUBSCRIPTION TO THE SOLUTIONS THAT WERE COVERED BY YOUR FREE TRIAL; OR (II) YOU PURCHASE A SUBSCRIPTION TO UPGRADED SOLUTIONS. SPRINGCM WILL HAVE NO RESPONSIBILITY OR LIABILITY FOR ANY DELETION OF CUSTOMER CONTENT AS DESCRIBED ABOVE. (c) NOTWITHSTANDING SECTION 8, DURING THE FREE TRIAL PERIOD THE SOLUTIONS ARE PROVIDED “AS-IS,” WITHOUT ANY WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, AND ALL WARRANTIES, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ARE HEREBY DISCLAIMED AND EXCLUDED WITH RESPECT TO ANY FREE TRIAL PERIODEXCLUDED.

Appears in 1 contract

Samples: Master Subscription and Services Agreement

Free Trial. (a) If You register on SpringCM’s Our website for a free trial trial, We will make one or more Services available to the SpringCM Solutions (as defined in Section 1.2), this Agreement will govern your use of the Solutions You on a no-charge, free trial basis during free of charge until the specified free trial period. This Agreement will also govern your use earlier of (a) the Solutions after end of the free trial periodperiod for which You registered to use the applicable Service(s), if you elect to purchase a Subscription to any of the Solutions. or (b) the start date of any Purchased Service subscriptions ordered by You for such Service(s), or (c) termination by Us in 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. ANY CUSTOMER CONTENT (AS DEFINED IN SECTION 5.2) DATA YOU ENTER OR UPLOAD INTO THE SOLUTIONSSERVICES, AND ANY CONFIGURATIONS, PREFERENCE SETTINGS, AND OTHER CUSTOMIZATIONS YOU MAKE MADE TO THE SOLUTIONSSERVICES BY OR FOR YOU, DURING YOUR FREE TRIAL PERIOD, WILL BE PERMANENTLY DELETED FROM THE SOLUTIONS AT THE END OF THE FREE TRIAL PERIOD UNLESS, PRIOR TO THEN: (I) LOST UNLESS YOU PURCHASE A SUBSCRIPTION TO THE SOLUTIONS THAT WERE SAME SERVICES AS THOSE COVERED BY YOUR THE TRIAL, PURCHASE APPLICABLE UPGRADED SERVICES, OR EXPORT SUCH DATA, BEFORE THE END OF THE TRIAL PERIOD. YOU CANNOT TRANSFER DATA ENTERED OR CUSTOMIZATIONS MADE DURING THE FREE TRIALTRIAL TO A SERVICE THAT WOULD BE A DOWNGRADE FROM THAT COVERED BY THE TRIAL (E.G., FROM ENTERPRISE EDITION TO PROFESSIONAL EDITION); OR (II) THEREFORE, IF YOU PURCHASE A SUBSCRIPTION TO UPGRADED SOLUTIONSSERVICE 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. SPRINGCM WILL HAVE NO RESPONSIBILITY OR LIABILITY FOR ANY DELETION OF CUSTOMER CONTENT AS DESCRIBED ABOVE. NOTWITHSTANDING SECTIONS 9 (cREPRESENTATIONS, WARRANTIES, EXCLUSIVE REMEDIES AND DISCLAIMERS) NOTWITHSTANDING SECTION 8AND 10.1 (INDEMNIFICATION BY US), DURING THE FREE TRIAL PERIOD THE SOLUTIONS SERVICES ARE PROVIDED “AS-IS,” WITHOUT ANY WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, AND ALL WARRANTIES, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ARE HEREBY DISCLAIMED AND EXCLUDED SFDC SHALL HAVE NO INDEMNIFICATION OBLIGATIONS WITH RESPECT TO ANY THE SERVICES FOR THE FREE TRIAL PERIOD. WITHOUT LIMITING THE FOREGOING, SFDC AND ITS AFFILIATES AND ITS LICENSORS DO NOT REPRESENT OR WARRANT TO YOU THAT: (A) YOUR USE OF THE SERVICES DURING THE FREE TRIAL PERIOD WILL MEET YOUR REQUIREMENTS, (B) YOUR 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 11.1 (LIMITATION OF LIABILITY), YOU SHALL BE FULLY LIABLE UNDER THIS AGREEMENT TO SFDC AND ITS AFFILIATES FOR ANY DAMAGES ARISING OUT OF YOUR USE OF THE SERVICES DURING THE FREE TRIAL PERIOD, ANY BREACH BY YOU OF THIS AGREEMENT AND ANY OF YOUR INDEMNIFICATION OBLIGATIONS HEREUNDER. Please 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.

Appears in 1 contract

Samples: Master Subscription Agreement

Free Trial. 3.1.1 Upon registration for a free trial, if such free trial of the Services is provided, ERPJS may make some of the Services either in full or in part available to the Subscriber on a trial basis free of charge until the earlier of (a) If You register on SpringCM’s website for a the end of the free trial period specified in the Services Pack description or ERPJS web page for which the Subscriber is registered or is registering to use the applicable Services or (b) the start date of subscription to the SpringCM Solutions (as defined Services. Additional trial terms and conditions may appear on the trial registration web page or in Section 1.2), the Services pack description. Any such additional terms and conditions are incorporated into this Agreement will govern your use by reference and are legally binding. Terms and conditions of the Solutions on a no-charge, free trial basis this Agreement with special conditions stated in Clause 3.1 apply also during the specified free trial period. This Agreement will also govern your use of the Solutions after the free trial period, if you elect to purchase a Subscription to any of the Solutions. (b) ANY CUSTOMER CONTENT (AS DEFINED IN SECTION 5.2) YOU ENTER OR UPLOAD DATA THE SUBSCRIBER ENTERS INTO THE SOLUTIONSSYSTEM, AND ANY CONFIGURATIONS, PREFERENCE SETTINGS, AND OTHER CUSTOMIZATIONS YOU MAKE MADE TO THE SOLUTIONSSYSTEM BY OR FOR THE SUBSCRIBER, DURING YOUR USER’S FREE TRIAL PERIOD, PERIOD WILL BE PERMANENTLY DELETED LOST UNLESS THE SUBSCRIBER SUBSCRIBES TO THE SAME SERVICES AS THAT COVERED BY THE TRIAL, SUBSCRIBES TO THE UPGRADED SERVICES, OR EXPORT SUCH DATA FROM THE SOLUTIONS AT SYSTEM, BEFORE THE END OF THE FREE TRIAL PERIOD UNLESS, PRIOR TO THEN: (I) YOU PURCHASE A SUBSCRIPTION TO PERIOD. THE SOLUTIONS THAT WERE COVERED BY YOUR FREE TRIAL; SUBSCRIBER CANNOT TRANSFER DATA ENTERED OR (II) YOU PURCHASE A SUBSCRIPTION TO UPGRADED SOLUTIONS. SPRINGCM WILL HAVE NO RESPONSIBILITY OR LIABILITY FOR ANY DELETION OF CUSTOMER CONTENT AS DESCRIBED ABOVE. (c) NOTWITHSTANDING SECTION 8, CUSTOMIZATIONS MADE DURING THE FREE TRIAL TO A SYSTEM THAT WOULD BE A DOWNGRADE FROM THAT COVERED BY THE TRIAL; THEREFORE, IF THE SUBSCRIBER SUBSCRIBES TO THE SERVICES THAT WOULD BE A DOWNGRADE FROM THAT COVERED BY THE TRIAL, THE SUBSCRIBER MUST EXPORT IT’S DATA FROM THE SYSTEM BEFORE THE END OF THE TRIAL PERIOD OR IT’S DATA WILL BE PERMANENTLY LOST. DURING THE SOLUTIONS FREE TRIAL THE SERVICES ARE PROVIDED “AS-AS IS,” WITHOUT ANY WARRANTY OF ANY KINDWARRANTY. The Subscriber shall review any available Documentation (e.g. manuals, EXPRESS OR IMPLIEDtraining materials, AND ALL WARRANTIESdemos etc) as well as test the Services and the System during the trial period so that the Subscriber becomes familiar with the features and functions provided as well as finds it appropriate for itself and becomes familiar with the applicable fees and evaluates its material situation before the Subscriber starts the subscription to the Services. Should the Subscriber find the available Documentation, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSEServices Pack description(s) not enough or the Free Trial Period not long enough for making a decision either the Services fit the purpose of the Subscriber and meet it’s expectations, ARE HEREBY DISCLAIMED AND EXCLUDED WITH RESPECT TO ANY FREE TRIAL PERIODor to become fully familiar with the features and functions of the Services or to find out that applicable fees and terms are appropriate for the Subscriber, the Subscriber must not subscribe to the Services.

Appears in 1 contract

Samples: Subscription Agreement

Free Trial. 3.1.1 Upon registration for a free trial, if such free trial of the Services is provided, HW may make some of the Services either in full or in part available to the Subscriber on a trial basis free of charge until the earlier of (a) If You register on SpringCM’s website for a the end of the free trial period specified in the Services Pack description or HW web page for which the Subscriber is registered or is registering to use the applicable Services or (b) the start date of subscription to the SpringCM Solutions (as defined Services. Additional trial terms and conditions may appear on the trial registration web page or in Section 1.2), the Services pack description. Any such additional terms and conditions are incorporated into this Agreement will govern your use by reference and are legally binding. Terms and conditions of the Solutions on a no-charge, free trial basis this Agreement with special conditions stated in Clause 3.1 apply also during the specified free trial period. This Agreement will also govern your use of the Solutions after the free trial period, if you elect to purchase a Subscription to any of the Solutions. (b) ANY CUSTOMER CONTENT (AS DEFINED IN SECTION 5.2) YOU ENTER OR UPLOAD DATA THE SUBSCRIBER ENTERS INTO THE SOLUTIONSSYSTEM, AND ANY CONFIGURATIONS, PREFERENCE SETTINGS, AND OTHER CUSTOMIZATIONS YOU MAKE MADE TO THE SOLUTIONSSYSTEM BY OR FOR THE SUBSCRIBER, DURING YOUR USER’S FREE TRIAL PERIOD, PERIOD WILL BE PERMANENTLY DELETED LOST UNLESS THE SUBSCRIBER SUBSCRIBES TO THE SAME SERVICES AS THAT COVERED BY THE TRIAL, SUBSCRIBES TO THE UPGRADED SERVICES, OR EXPORT SUCH DATA FROM THE SOLUTIONS AT SYSTEM, BEFORE THE END OF THE FREE TRIAL PERIOD UNLESS, PRIOR TO THEN: (I) YOU PURCHASE A SUBSCRIPTION TO PERIOD. THE SOLUTIONS THAT WERE COVERED BY YOUR FREE TRIAL; SUBSCRIBER CANNOT TRANSFER DATA ENTERED OR (II) YOU PURCHASE A SUBSCRIPTION TO UPGRADED SOLUTIONS. SPRINGCM WILL HAVE NO RESPONSIBILITY OR LIABILITY FOR ANY DELETION OF CUSTOMER CONTENT AS DESCRIBED ABOVE. (c) NOTWITHSTANDING SECTION 8, CUSTOMIZATIONS MADE DURING THE FREE TRIAL TO A SYSTEM THAT WOULD BE A DOWNGRADE FROM THAT COVERED BY THE TRIAL; THEREFORE, IF THE SUBSCRIBER SUBSCRIBES TO THE SERVICES THAT WOULD BE A DOWNGRADE FROM THAT COVERED BY THE TRIAL, THE SUBSCRIBER MUST EXPORT IT’S DATA FROM THE SYSTEM BEFORE THE END OF THE TRIAL PERIOD OR IT’S DATA WILL BE PERMANENTLY LOST. DURING THE SOLUTIONS FREE TRIAL THE SERVICES ARE PROVIDED “AS-AS IS,” WITHOUT ANY WARRANTY OF ANY KINDWARRANTY. The Subscriber shall review any available Documentation (e.g. manuals, EXPRESS OR IMPLIEDtraining materials, AND ALL WARRANTIESdemos etc) as well as test the Services and the System during the trial period so that the Subscriber becomes familiar with the features and functions provided as well as finds it appropriate for itself and becomes familiar with the applicable fees and evaluates its material situation before the Subscriber starts the subscription to the Services. Should the Subscriber find the available Documentation, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSEServices Pack description(s) not enough or the Free Trial Period not long enough for making a decision either the Services fit the purpose of the Subscriber and meet it’s expectations, ARE HEREBY DISCLAIMED AND EXCLUDED WITH RESPECT TO ANY FREE TRIAL PERIODor to become fully familiar with the features and functions of the Services or to find out that applicable fees and terms are appropriate for the Subscriber, the Subscriber must not subscribe to the Services.

Appears in 1 contract

Samples: Subscription Agreement

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Free Trial. (a) If You register Company registers on SpringCMAMC’s website for a free trial trial, AMC will make the applicable Service(s) available to the SpringCM Solutions (as defined in Section 1.2), this Agreement will govern your use of the Solutions Company on a no-charge, free trial basis during free of charge until the specified free trial period. This Agreement will also govern your use earlier of (a) the Solutions after end of the free trial periodperiod for which Company registered to use the applicable Service(s), if you elect to purchase a Subscription to any of the Solutions. or (b) the start date of any purchased Services ordered by Company for such Service(s), or (c) termination by AMC 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 CUSTOMER CONTENT (AS DEFINED IN SECTION 5.2) YOU ENTER OR UPLOAD DATA COMPANY ENTERS INTO THE SOLUTIONSSERVICES, AND ANY CONFIGURATIONS, PREFERENCE SETTINGS, AND OTHER CUSTOMIZATIONS YOU MAKE MADE TO THE SOLUTIONS, SERVICES BY OR FOR COMPANY DURING YOUR FREE TRIAL PERIOD, WILL BE PERMANENTLY DELETED FROM LOST UNLESS COMPANY PURCHASES A SUBSCRIPTION TO THE SOLUTIONS AT SAME SERVICES AS THOSE COVERED BY THE TRIAL, PURCHASES APPLICABLE UPGRADED SERVICES, OR EXPORTS SUCH DATA, BEFORE THE END OF THE TRIAL PERIOD. COMPANY CANNOT TRANSFER DATA ENTERED OR CUSTOMIZATIONS MADE DURING THE FREE TRIAL PERIOD UNLESS, PRIOR TO THEN: (I) YOU PURCHASE A SUBSCRIPTION TO THE SOLUTIONS SERVICE THAT WERE WOULD BE A DOWNGRADE FROM THAT COVERED BY YOUR FREE THE TRIAL (E.G., FROM ENTERPRISE EDITION TO PROFESSIONAL EDITION); THEREFORE, IF COMPANY PURCHASES A SERVICE THAT WOULD BE A DOWNGRADE FROM THAT COVERED BY THE TRIAL; , COMPANY MUST EXPORT COMPANY DATA (?) BEFORE THE END OF THE TRIAL PERIOD OR (II) YOU PURCHASE A SUBSCRIPTION TO UPGRADED SOLUTIONSCOMPANY DATA WILL BE PERMANENTLY LOST. SPRINGCM WILL HAVE NO RESPONSIBILITY OR LIABILITY FOR ANY DELETION OF CUSTOMER CONTENT AS DESCRIBED ABOVE. (c) NOTWITHSTANDING THE “REPRESENTATIONS, WARRANTIES, EXCLUSIVE REMEDIES AND DISCLAIMERS” SECTION 8AND “INDEMNIFICATION BY AMC” SECTION BELOW, DURING THE FREE TRIAL PERIOD THE SOLUTIONS SERVICES ARE PROVIDED “AS-AS- IS,” WITHOUT ANY WARRANTY AND AMC SHALL HAVE NO INDEMNIFICATION OBLIGATIONS NOR LIABILITY OF ANY KIND, EXPRESS OR IMPLIED, AND ALL WARRANTIES, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ARE HEREBY DISCLAIMED AND EXCLUDED TYPE WITH RESPECT TO THE SERVICES FOR THE FREE TRIAL PERIOD UNLESS SUCH EXCLUSION OF LIABILITY IS NOT ENFORCEABLE UNDER APPLICABLE LAW IN WHICH CASE AMC’S LIABILITY WITH RESPECT TO THE SERVICES PROVIDED DURING THE FREE TRIAL SHALL NOT EXCEED $1,000.00. WITHOUT LIMITING THE FOREGOING, AMC AND ITS LICENSORS DO NOT REPRESENT OR WARRANT TO COMPANY THAT: (A) COMPANY’S USE OF THE SERVICES DURING THE FREE TRIAL PERIOD WILL MEET COMPANY’S REQUIREMENTS, (B) COMPANY’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 BELOW, COMPANY SHALL BE FULLY LIABLE UNDER THIS AGREEMENT TO AMC FOR ANY DAMAGES ARISING OUT OF COMPANY’S USE OF THE SERVICES DURING THE FREE TRIAL PERIOD, ANY BREACH BY COMPANY OF THIS AGREEMENT AND ANY OF COMPANY’S INDEMNIFICATION OBLIGATIONS HEREUNDER. COMPANY 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.

Appears in 1 contract

Samples: Data Processing Agreement

Free Trial. (a) If You register on SpringCM’s Our website for a free trial trial, We will make one or more Services available to the SpringCM Solutions (as defined in Section 1.2), this Agreement will govern your use of the Solutions You on a no-charge, free trial basis during free of charge until the specified free trial period. This Agreement will also govern your use earlier of (a) the Solutions after end of the free trial periodperiod for which You registered to use the applicable Service(s), if you elect to purchase a Subscription to any of the Solutions. or (b) the start date of any Purchased Service subscriptions ordered by You for such Service(s), or (c) termination by Us in 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. ANY CUSTOMER CONTENT (AS DEFINED IN SECTION 5.2) DATA YOU ENTER OR UPLOAD INTO THE SOLUTIONSSERVICES, AND ANY CONFIGURATIONS, PREFERENCE SETTINGS, AND OTHER CUSTOMIZATIONS YOU MAKE MADE TO THE SOLUTIONSSERVICES BY OR FOR YOU, DURING YOUR FREE TRIAL PERIOD, WILL BE PERMANENTLY DELETED FROM THE SOLUTIONS AT THE END OF THE FREE TRIAL PERIOD UNLESS, PRIOR TO THEN: (I) LOST UNLESS YOU PURCHASE A SUBSCRIPTION TO THE SOLUTIONS THAT WERE SAME SERVICES AS THOSE COVERED BY YOUR THE TRIAL, PURCHASE APPLICABLE UPGRADED SERVICES, OR EXPORT SUCH DATA, BEFORE THE END OF THE TRIAL PERIOD. YOU CANNOT TRANSFER DATA ENTERED OR CUSTOMIZATIONS MADE DURING THE FREE TRIALTRIAL TO A SERVICE THAT WOULD BE A DOWNGRADE FROM THAT COVERED BY THE TRIAL (E.G., FROM ENTERPRISE EDITION TO PROFESSIONAL EDITION); OR (II) THEREFORE, IF YOU PURCHASE A SUBSCRIPTION TO UPGRADED SOLUTIONSSERVICE 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. SPRINGCM WILL HAVE NO RESPONSIBILITY OR LIABILITY FOR ANY DELETION OF CUSTOMER CONTENT AS DESCRIBED ABOVE. NOTWITHSTANDING SECTIONS 9 (cREPRESENTATIONS, WARRANTIES, EXCLUSIVE REMEDIES AND DISCLAIMERS) NOTWITHSTANDING SECTION 8AND 10.1 (INDEMNIFICATION BY US), DURING THE FREE TRIAL PERIOD THE SOLUTIONS SERVICES ARE PROVIDED “AS-IS,” WITHOUT ANY WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, AND ALL WARRANTIES, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ARE HEREBY DISCLAIMED AND EXCLUDED SAVVYDOX SHALL HAVE NO INDEMNIFICATION OBLIGATIONS WITH RESPECT TO ANY THE SERVICES FOR THE FREE TRIAL PERIOD. WITHOUT LIMITING THE FOREGOING, SAVVYDOX AND ITS AFFILIATES AND ITS LICENSORS DO NOT REPRESENT OR WARRANT TO YOU THAT: (A) YOUR USE OF THE SERVICES DURING THE FREE TRIAL PERIOD WILL MEET YOUR REQUIREMENTS, (B) YOUR 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 11.1 (LIMITATION OF LIABILITY), YOU SHALL BE FULLY LIABLE UNDER THIS AGREEMENT TO SAVVYDOX AND ITS AFFILIATES FOR ANY DAMAGES ARISING OUT OF YOUR USE OF THE SERVICES DURING THE FREE TRIAL PERIOD, ANY BREACH BY YOU OF THIS AGREEMENT AND ANY OF YOUR INDEMNIFICATION OBLIGATIONS HEREUNDER. Please 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.

Appears in 1 contract

Samples: Master Subscription Agreement

Free Trial. (a) If You register Customer registers on SpringCMQEEXO’s website for a free trial trial, QEEXO will make the applicable Service(s) available to the SpringCM Solutions (as defined in Section 1.2), this Agreement will govern your use of the Solutions Customer on a no-charge, free trial basis during free of charge until the specified free trial period. This Agreement will also govern your use earlier of (a) the Solutions after end of the free trial periodperiod for which Customer registered to use the applicable Service(s), if you elect to purchase a Subscription to any of the Solutions. or (b) ANY the start date of any Purchased Service subscriptions ordered by Customer for such Service(s), or (c) termination by QEEXO in its sole discretion. DATA CUSTOMER CONTENT (AS DEFINED IN SECTION 5.2) YOU ENTER OR UPLOAD ENTERS INTO THE SOLUTIONSSERVICES, AND ANY CONFIGURATIONS, PREFERENCE SETTINGS, AND OTHER CUSTOMIZATIONS YOU MAKE MADE TO THE SOLUTIONSSERVICES BY OR FOR CUSTOMER, DURING YOUR CUSTOMER’S FREE TRIAL PERIOD, WILL BE PERMANENTLY DELETED FROM LOST UNLESS CUSTOMER PURCHASES A SUBSCRIPTION TO THE SOLUTIONS AT SAME SERVICES AS THOSE COVERED BY THE TRIAL, OR EXPORTS SUCH DATA, BEFORE THE END OF THE FREE TRIAL PERIOD UNLESSPERIOD. NOTWITHSTANDING THE “REPRESENTATIONS, PRIOR TO THEN: (I) YOU PURCHASE A SUBSCRIPTION TO THE SOLUTIONS THAT WERE COVERED WARRANTIES, EXCLUSIVE REMEDIES AND DISCLAIMERS” SECTION AND “INDEMNIFICATION BY YOUR FREE TRIAL; OR (II) YOU PURCHASE A SUBSCRIPTION TO UPGRADED SOLUTIONS. SPRINGCM WILL HAVE NO RESPONSIBILITY OR LIABILITY FOR ANY DELETION OF CUSTOMER CONTENT AS DESCRIBED ABOVE. (c) NOTWITHSTANDING QEEXO” SECTION 8BELOW, DURING THE FREE TRIAL PERIOD THE SOLUTIONS SERVICES ARE PROVIDED “AS-IS,” WITHOUT ANY WARRANTY AND QEEXO SHALL HAVE NO INDEMNIFICATION OBLIGATIONS NOR LIABILITY OF ANY KIND, EXPRESS OR IMPLIED, AND ALL WARRANTIES, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ARE HEREBY DISCLAIMED AND EXCLUDED TYPE WITH RESPECT TO THE SERVICES FOR THE FREE TRIAL PERIOD UNLESS SUCH EXCLUSION OF LIABILITY IS NOT ENFORCEABLE UNDER APPLICABLE LAW IN WHICH CASE QEEXO’S LIABILITY WITH RESPECT TO THE SERVICES PROVIDED DURING THE FREE TRIAL SHALL NOT EXCEED $100.00. WITHOUT LIMITING THE FOREGOING, QEEXO 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 BELOW, CUSTOMER SHALL BE FULLY LIABLE UNDER THIS AGREEMENT TO QEEXO AND ITS AFFILIATES FOR ANY 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 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.

Appears in 1 contract

Samples: Master Subscription Agreement

Free Trial. (a) If You register on SpringCM’s website for a free trial to the SpringCM Solutions (as defined in Section 1.2), this Agreement will govern your use of the Solutions on a no-charge, free trial basis during the specified free trial period. This Agreement will also govern your use of the Solutions after the free trial period, if you elect to purchase a Subscription to any of the Solutions. (b) NOTWITHSTANDING ANY CUSTOMER CONTENT (AS DEFINED IN SECTION 5.2) YOU ENTER OR UPLOAD INTO THE SOLUTIONS, AND ANY CONFIGURATIONS, PREFERENCE SETTINGS, AND OTHER CUSTOMIZATIONS YOU MAKE TO THE SOLUTIONSPROVISION OF THIS AGREEMENT, DURING YOUR ANY FREE TRIAL PERIOD, WILL BE PERMANENTLY DELETED FROM THE SOLUTIONS AT SERVICES AND THE END OF THE FREE TRIAL PERIOD UNLESS, PRIOR TO THEN: (I) YOU PURCHASE A SUBSCRIPTION TO THE SOLUTIONS THAT WERE COVERED BY YOUR FREE TRIAL; OR (II) YOU PURCHASE A SUBSCRIPTION TO UPGRADED SOLUTIONS. SPRINGCM WILL HAVE NO RESPONSIBILITY OR LIABILITY FOR ANY DELETION OF CUSTOMER CONTENT AS DESCRIBED ABOVE. (c) NOTWITHSTANDING SECTION 8, DURING THE FREE TRIAL PERIOD THE SOLUTIONS SITE ARE PROVIDED “AS-IS,AND WITHOUT ANY WARRANTY AND QLIK SHALL HAVE NO INDEMNIFICATION OBLIGATIONS NOR LIABILITY OF ANY KIND, EXPRESS OR IMPLIED, AND ALL WARRANTIES, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ARE HEREBY DISCLAIMED AND EXCLUDED TYPE WITH RESPECT TO THE SERVICES AND THE SITE FOR THE FREE TRIAL PERIOD UNLESS SUCH EXCLUSION OF LIABILITY IS NOT ENFORCEABLE UNDER APPLICABLE LAW IN WHICH CASE QLIK’S LIABILITY WITH RESPECT TO THE SERVICES AND THE SITE PROVIDED DURING THE FREE TRIAL SHALL NOT EXCEED $1,000. WITHOUT LIMITING THE FOREGOING, QLIK AND ITS AFFILIATES AND ITS LICENSORS DO NOT REPRESENT OR WARRANT TO CUSTOMER THAT CUSTOMER’S AND/OR ITS AUTHORIZED USERS’ USE OF THE SERVICES OR THE SITE DURING THE FREE TRIAL PERIOD WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS AGREEMENT, CUSTOMER SHALL BE FULLY LIABLE UNDER THIS AGREEMENT TO QLIK AND ITS AFFILIATES FOR (A) ANY DAMAGES ARISING OUT OF CUSTOMER’S AND/OR ITS AUTHORIZED USERS’ USE OF THE SERVICES AND/OR THE SITE DURING THE FREE TRIAL PERIOD, (B) ANY BREACH BY CUSTOMER AND/OR ITS AUTHORIZED USERS OF THIS AGREEMENT AND/OR (C) ANY OF CUSTOMER’S INDEMNIFICATION OBLIGATIONS HEREUNDER.

Appears in 1 contract

Samples: Saas Services Agreement

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