Free Trial. If You register on Our website 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) the end of the free trial period for which You registered to use the applicable Service(s), 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 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. 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 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 SECTIONS 9 (REPRESENTATIONS, WARRANTIES, EXCLUSIVE REMEDIES AND DISCLAIMERS) AND 10.1 (INDEMNIFICATION BY US), DURING THE FREE TRIAL THE SERVICES ARE PROVIDED “AS-IS” WITHOUT ANY WARRANTY AND SAVVYDOX SHALL HAVE NO INDEMNIFICATION OBLIGATIONS WITH RESPECT TO 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. If You register Customer registers on Our QEEXO’s website for a free trial, We QEEXO will make one or more Services the applicable Service(s) available to You Customer on a trial basis free of charge until the earlier of (a) the end of the free trial period for which You Customer registered to use the applicable Service(s), or (b) the start date of any Purchased Service subscriptions ordered by You Customer for such Service(s), or (c) termination by Us QEEXO in our 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 YOU ENTER CUSTOMER ENTERS INTO THE SERVICES, AND ANY CUSTOMIZATIONS MADE TO THE SERVICES BY OR FOR YOUCUSTOMER, DURING YOUR CUSTOMER’S FREE TRIAL WILL BE PERMANENTLY LOST UNLESS YOU PURCHASE CUSTOMER PURCHASES A SUBSCRIPTION TO THE SAME SERVICES AS THOSE COVERED BY THE TRIAL, PURCHASE APPLICABLE UPGRADED SERVICES, OR EXPORT EXPORTS SUCH DATA, BEFORE THE END OF THE TRIAL PERIOD. YOU CANNOT TRANSFER DATA ENTERED OR CUSTOMIZATIONS MADE DURING NOTWITHSTANDING 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 SECTIONS 9 (“REPRESENTATIONS, WARRANTIES, EXCLUSIVE REMEDIES AND DISCLAIMERS) ” SECTION AND 10.1 (“INDEMNIFICATION BY US)QEEXO” SECTION BELOW, DURING THE FREE TRIAL THE SERVICES ARE PROVIDED “AS-IS” WITHOUT ANY WARRANTY AND SAVVYDOX QEEXO SHALL HAVE NO INDEMNIFICATION OBLIGATIONS NOR LIABILITY OF ANY TYPE WITH RESPECT TO THE SERVICES FOR THE FREE TRIAL PERIODPERIOD 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, SAVVYDOX QEEXO AND ITS AFFILIATES AND ITS LICENSORS DO NOT REPRESENT OR WARRANT TO YOU CUSTOMER THAT: (A) YOUR CUSTOMER’S USE OF THE SERVICES DURING THE FREE TRIAL PERIOD WILL MEET YOUR CUSTOMER’S REQUIREMENTS, (B) YOUR 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 11.1 (THE “LIMITATION OF LIABILITY)” SECTION BELOW, YOU CUSTOMER SHALL BE FULLY LIABLE UNDER THIS AGREEMENT TO SAVVYDOX QEEXO AND ITS AFFILIATES FOR ANY DAMAGES ARISING OUT OF YOUR CUSTOMER’S USE OF THE SERVICES DURING THE FREE TRIAL PERIOD, ANY BREACH BY YOU CUSTOMER OF THIS AGREEMENT AND ANY OF YOUR CUSTOMER’S 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 purchaseCUSTOMER 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. If You register on Our website 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) the end of the free trial period for which You registered to use the applicable Service(s), 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 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. 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 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 SECTIONS 9 (REPRESENTATIONS, WARRANTIES, EXCLUSIVE REMEDIES AND DISCLAIMERS) AND 10.1 (INDEMNIFICATION BY US), DURING THE FREE TRIAL THE SERVICES ARE PROVIDED “AS-IS” WITHOUT ANY WARRANTY AND SAVVYDOX SFDC SHALL HAVE NO INDEMNIFICATION OBLIGATIONS WITH RESPECT TO THE SERVICES FOR THE FREE TRIAL PERIOD. WITHOUT LIMITING THE FOREGOING, SAVVYDOX 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 SAVVYDOX 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. (a) If You register on Our SpringCM’s website for a free trialtrial to the SpringCM Solutions (as defined in Section 1.2), We this Agreement will make one or more Services available to You 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 charge until the earlier of (a) the end of Solutions after the free trial period for which You registered period, if you elect to use purchase a Subscription to any of the applicable Service(s), or Solutions.
(b) the start date of any Purchased Service subscriptions ordered by You for such Service(s), or ANY CUSTOMER CONTENT (cAS DEFINED IN SECTION 5.2) 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 DATA YOU ENTER OR UPLOAD INTO THE SERVICESSOLUTIONS, AND ANY CONFIGURATIONS, PREFERENCE SETTINGS, AND OTHER CUSTOMIZATIONS MADE YOU MAKE TO THE SERVICES BY OR FOR YOUSOLUTIONS, DURING YOUR FREE TRIAL PERIOD, WILL BE PERMANENTLY LOST UNLESS DELETED FROM THE SOLUTIONS AT THE END OF THE FREE TRIAL PERIOD UNLESS, PRIOR TO THEN: (I) YOU PURCHASE A SUBSCRIPTION TO THE SAME SERVICES AS THOSE SOLUTIONS THAT WERE COVERED BY THE YOUR FREE 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 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 II) YOU PURCHASE A SERVICE THAT WOULD BE A DOWNGRADE FROM THAT COVERED BY THE TRIAL, YOU MUST EXPORT YOUR DATA BEFORE THE END SUBSCRIPTION TO UPGRADED SOLUTIONS. SPRINGCM WILL HAVE NO RESPONSIBILITY OR LIABILITY FOR ANY DELETION OF THE TRIAL PERIOD OR YOUR DATA WILL BE PERMANENTLY LOST. CUSTOMER CONTENT AS DESCRIBED ABOVE.
(c) NOTWITHSTANDING SECTIONS 9 (REPRESENTATIONS, WARRANTIES, EXCLUSIVE REMEDIES AND DISCLAIMERS) AND 10.1 (INDEMNIFICATION BY US)SECTION 8, DURING THE FREE TRIAL PERIOD THE SERVICES SOLUTIONS ARE PROVIDED “AS-IS,” WITHOUT ANY WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, AND SAVVYDOX SHALL HAVE NO INDEMNIFICATION OBLIGATIONS ALL WARRANTIES, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ARE HEREBY DISCLAIMED AND EXCLUDED WITH RESPECT TO THE SERVICES FOR THE ANY 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
Free Trial. If You register on Our website 3.1.1 Upon registration for a free trial, We will if such free trial of the Services is provided, ERPJS may make one some of the Services either in full or more Services in part available to You the Subscriber on a trial basis free of charge until the earlier of (a) the end of the free trial period specified in the Services Pack description or ERPJS web page for which You the Subscriber is registered or is registering to use the applicable Service(s), Services 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 discretionsubscription to the Services. Additional trial terms and conditions may appear on the trial registration web pagepage or in the Services pack description. Any such additional terms and conditions are incorporated into this Agreement by reference and are legally binding. Terms and conditions of this Agreement with special conditions stated in Clause 3.1 apply also during the trial period. ANY DATA YOU ENTER THE SUBSCRIBER ENTERS INTO THE SERVICESSYSTEM, AND ANY CUSTOMIZATIONS MADE TO THE SERVICES SYSTEM BY OR FOR YOUTHE SUBSCRIBER, DURING YOUR USER’S FREE TRIAL PERIOD WILL BE PERMANENTLY LOST UNLESS YOU PURCHASE A SUBSCRIPTION THE SUBSCRIBER SUBSCRIBES TO THE SAME SERVICES AS THOSE THAT COVERED BY THE TRIAL, PURCHASE APPLICABLE SUBSCRIBES TO THE UPGRADED SERVICES, OR EXPORT SUCH DATADATA FROM THE SYSTEM, BEFORE THE END OF THE TRIAL PERIOD. YOU THE SUBSCRIBER CANNOT TRANSFER DATA ENTERED OR CUSTOMIZATIONS MADE DURING THE FREE TRIAL TO A SERVICE SYSTEM THAT WOULD BE A DOWNGRADE FROM THAT COVERED BY THE TRIAL (E.G., FROM ENTERPRISE EDITION TO PROFESSIONAL EDITION)TRIAL; THEREFORE, IF YOU PURCHASE A SERVICE THE SUBSCRIBER SUBSCRIBES TO THE SERVICES THAT WOULD BE A DOWNGRADE FROM THAT COVERED BY THE TRIAL, YOU THE SUBSCRIBER MUST EXPORT YOUR IT’S DATA FROM THE SYSTEM BEFORE THE END OF THE TRIAL PERIOD OR YOUR IT’S DATA WILL BE PERMANENTLY LOST. NOTWITHSTANDING SECTIONS 9 (REPRESENTATIONS, WARRANTIES, EXCLUSIVE REMEDIES AND DISCLAIMERS) AND 10.1 (INDEMNIFICATION BY US), DURING THE FREE TRIAL THE SERVICES ARE PROVIDED “AS-AS IS” WITHOUT ANY WARRANTY AND SAVVYDOX SHALL HAVE NO INDEMNIFICATION OBLIGATIONS WITH RESPECT TO THE SERVICES FOR THE FREE TRIAL PERIODWARRANTY. WITHOUT LIMITING THE FOREGOINGThe Subscriber shall review any available Documentation (e.g. manuals, SAVVYDOX AND ITS AFFILIATES AND ITS LICENSORS DO NOT REPRESENT OR WARRANT TO YOU THAT: (Atraining materials, demos etc) 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 as well as test the applicable Service’s Documentation Services and the System during the trial period so that You 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, Services 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, or to become fully familiar with the features and functions of the Services before You make Your purchaseor 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. If You register Company registers on Our AMC’s website for a free trial, We AMC will make one or more Services the applicable Service(s) available to You Company on a trial basis free of charge until the earlier of (a) the end of the free trial period for which You Company registered to use the applicable Service(s), or (b) the start date of any Purchased Service subscriptions purchased Services ordered by You Company for such Service(s), or (c) termination by Us AMC in our 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 YOU ENTER COMPANY ENTERS INTO THE SERVICES, AND ANY CUSTOMIZATIONS MADE TO THE SERVICES BY OR FOR YOU, COMPANY DURING YOUR FREE TRIAL WILL BE PERMANENTLY LOST UNLESS YOU PURCHASE COMPANY PURCHASES A SUBSCRIPTION TO THE SAME SERVICES AS THOSE COVERED BY THE TRIAL, PURCHASE PURCHASES APPLICABLE UPGRADED SERVICES, OR EXPORT EXPORTS SUCH DATA, BEFORE THE END OF THE TRIAL PERIOD. YOU COMPANY 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 COMPANY PURCHASES A SERVICE THAT WOULD BE A DOWNGRADE FROM THAT COVERED BY THE TRIAL, YOU COMPANY MUST EXPORT YOUR COMPANY DATA (?) BEFORE THE END OF THE TRIAL PERIOD OR YOUR COMPANY DATA WILL BE PERMANENTLY LOST. NOTWITHSTANDING SECTIONS 9 (THE “REPRESENTATIONS, WARRANTIES, EXCLUSIVE REMEDIES AND DISCLAIMERS) ” SECTION AND 10.1 (“INDEMNIFICATION BY US)AMC” SECTION BELOW, DURING THE FREE TRIAL THE SERVICES ARE PROVIDED “AS-AS- IS” WITHOUT ANY WARRANTY AND SAVVYDOX AMC SHALL HAVE NO INDEMNIFICATION OBLIGATIONS NOR LIABILITY OF ANY TYPE WITH RESPECT TO THE SERVICES FOR THE FREE TRIAL PERIODPERIOD 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, SAVVYDOX AND ITS AFFILIATES AMC AND ITS LICENSORS DO NOT REPRESENT OR WARRANT TO YOU COMPANY THAT: (A) YOUR COMPANY’S USE OF THE SERVICES DURING THE FREE TRIAL PERIOD WILL MEET YOUR COMPANY’S REQUIREMENTS, (B) YOUR 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 SECTION 11.1 (THE “LIMITATION OF LIABILITY)” SECTION BELOW, YOU COMPANY SHALL BE FULLY LIABLE UNDER THIS AGREEMENT TO SAVVYDOX AND ITS AFFILIATES AMC FOR ANY DAMAGES ARISING OUT OF YOUR COMPANY’S USE OF THE SERVICES DURING THE FREE TRIAL PERIOD, ANY BREACH BY YOU COMPANY OF THIS AGREEMENT AND ANY OF YOUR COMPANY’S 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 purchaseCOMPANY 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 Our SpringCM’s website for a free trialtrial to the SpringCM Solutions (as defined in Section 1.2), We this Agreement will make one or more Services available to You 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 charge until the earlier of (a) the end of Solutions after the free trial period for which You registered period, if you elect to use purchase a Subscription to any of the applicable Service(s), or Solutions.
(b) the start date of any Purchased Service subscriptions ordered by You for such Service(s), or ANY CUSTOMER CONTENT (cAS DEFINED IN SECTION 5.2) 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 DATA YOU ENTER OR UPLOAD INTO THE SERVICESSOLUTIONS, AND ANY CONFIGURATIONS, PREFERENCE SETTINGS, AND OTHER CUSTOMIZATIONS MADE YOU MAKE TO THE SERVICES BY OR FOR YOUSOLUTIONS, DURING YOUR FREE TRIAL PERIOD, WILL BE PERMANENTLY LOST UNLESS DELETED FROM THE SOLUTIONS AT THE END OF THE FREE TRIAL PERIOD UNLESS, PRIOR TO THEN: (I) YOU PURCHASE A SUBSCRIPTION TO THE SAME SERVICES AS THOSE SOLUTIONS THAT WERE COVERED BY THE YOUR FREE 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 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 II) YOU PURCHASE A SERVICE THAT WOULD BE A DOWNGRADE FROM THAT COVERED BY THE TRIAL, YOU MUST EXPORT YOUR DATA BEFORE THE END SUBSCRIPTION TO UPGRADED SOLUTIONS. SPRINGCM WILL HAVE NO RESPONSIBILITY OR LIABILITY FOR ANY DELETION OF THE TRIAL PERIOD OR YOUR DATA WILL BE PERMANENTLY LOST. CUSTOMER CONTENT AS DESCRIBED ABOVE.
(c) NOTWITHSTANDING SECTIONS 9 (REPRESENTATIONS, WARRANTIES, EXCLUSIVE REMEDIES AND DISCLAIMERS) AND 10.1 (INDEMNIFICATION BY US)SECTION 8, DURING THE FREE TRIAL PERIOD THE SERVICES SOLUTIONS ARE PROVIDED “AS-IS,” WITHOUT ANY WARRANTY AND SAVVYDOX SHALL HAVE NO INDEMNIFICATION OBLIGATIONS WITH RESPECT TO THE SERVICES FOR THE FREE TRIAL PERIOD. WITHOUT LIMITING THE FOREGOINGOF ANY KIND, SAVVYDOX AND ITS AFFILIATES AND ITS LICENSORS DO NOT REPRESENT EXPRESS 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 ERRORIMPLIED, AND (C) USAGE DATA PROVIDED DURING THE FREE TRIAL PERIOD WILL BE ACCURATE. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN SECTION 11.1 (LIMITATION ALL WARRANTIES, INCLUDING ANY IMPLIED WARRANTIES OF LIABILITY)MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, YOU SHALL BE FULLY LIABLE UNDER THIS AGREEMENT TO SAVVYDOX ARE HEREBY DISCLAIMED 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 purchaseEXCLUDED.
Appears in 1 contract
Free Trial. If You register Customer registers on Our PeerNova’s website or product listing on the Salesforce AppExchange for a free trial, We PeerNova will make one or more Services the applicable Service(s) available to You Customer on a trial basis free of charge until the earlier of of
(a) the end of the free trial period for which You Customer registered to use the applicable Service(s), or (b) the start date of any Purchased Service Services subscriptions ordered by You Customer for such Service(s), or (c) termination by Us PeerNova of the free trial in our 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 YOU ENTER THAT CUSTOMER ENTERS INTO THE SERVICES, AND ANY CUSTOMIZATIONS MADE TO THE SERVICES BY OR FOR YOUCUSTOMER, DURING YOUR CUSTOMER’S FREE TRIAL TRIAL, WILL BE PERMANENTLY LOST UNLESS YOU PURCHASE CUSTOMER PURCHASES A SUBSCRIPTION TO THE SAME SERVICES AS THOSE COVERED BY THE TRIAL, PURCHASE PURCHASES APPLICABLE UPGRADED SERVICES, OR EXPORT EXPORTS SUCH DATA, DATA BEFORE THE END OF THE TRIAL PERIOD. YOU 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 (E.G., FROM ENTERPRISE UNLIMITED EDITION TO PROFESSIONAL ENTERPRISE EDITION); THEREFORE, IF YOU PURCHASE CUSTOMER PURCHASES A SERVICE THAT WOULD BE A DOWNGRADE FROM THAT COVERED BY THE TRIAL, YOU CUSTOMER MUST EXPORT YOUR CUSTOMER DATA BEFORE THE END OF THE TRIAL PERIOD OR YOUR CUSTOMER DATA WILL BE PERMANENTLY LOST. NOTWITHSTANDING SECTIONS 9 SECTION 6.2 (REPRESENTATIONS, WARRANTIES, EXCLUSIVE REMEDIES AND DISCLAIMERSPEERNOVA’S INDEMNITY) AND 10.1 SECTION 7 (INDEMNIFICATION BY USREPRESENTATIONS AND WARRANTIES), DURING THE FREE TRIAL THE SERVICES ARE PROVIDED “AS-IS” WITHOUT ANY WARRANTY AND SAVVYDOX PEERNOVA SHALL HAVE NO INDEMNIFICATION OBLIGATIONS NOR LIABILITY OF ANY TYPE WITH RESPECT TO THE SERVICES FOR THE FREE TRIAL PERIODPERIOD 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, SAVVYDOX PEERNOVA AND ITS AFFILIATES AND ITS LICENSORS DO NOT REPRESENT OR WARRANT TO YOU CUSTOMER THAT: (A) YOUR CUSTOMER’S USE OF THE SERVICES DURING THE FREE TRIAL PERIOD WILL MEET YOUR CUSTOMER’S REQUIREMENTS, (B) YOUR CUSTOMER’S USE OF THE SERVICES DURING THE FREE TRIAL PERIOD WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR, AND OR (C) USAGE DATA PROVIDED DURING THE FREE TRIAL PERIOD WILL BE ACCURATE. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN SECTION 11.1 9 (LIMITATION LIMITATIONS OF LIABILITY), YOU CUSTOMER SHALL BE FULLY LIABLE UNDER THIS AGREEMENT TO SAVVYDOX PEERNOVA AND ITS AFFILIATES FOR ANY DAMAGES ARISING OUT OF YOUR CUSTOMER’S USE OF THE SERVICES DURING THE FREE TRIAL PERIOD, ANY BREACH BY YOU CUSTOMER OF THIS AGREEMENT AND ANY OF YOUR CUSTOMER’S 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 purchaseCUSTOMER 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. If You register on Our website 3.1.1 Upon registration for a free trial, We will if such free trial of the Services is provided, HW may make one some of the Services either in full or more Services available in part avaiIabIe to You the Subscriber on a trial triaI basis free of charge until untiI the earlier earIier of (a) the end of the free trial triaI period specified in the Services Pack description or HW web page for which You the Subscriber is registered or is registering to use the applicable Service(s), Services 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 discretionsubscription to the Services. Additional trial terms and conditions may appear on the trial registration web pagepage or in the Services pack description. Any such additional terms and conditions are incorporated into this Agreement by reference and are legally binding. Terms and conditions of this Agreement with special conditions stated in Clause 3.1 apply also during the trial period. ANY DATA YOU ENTER THE SUBSCRIBER ENTERS INTO THE SERVICESSYSTEM, AND ANY CUSTOMIZATIONS MADE TO THE SERVICES SYSTEM BY OR FOR YOUTHE SUBSCRIBER, DURING YOUR USER'S FREE TRIAL PERIOD WILL BE PERMANENTLY LOST UNLESS YOU PURCHASE A SUBSCRIPTION THE SUBSCRIBER SUBSCRIBES TO THE SAME SERVICES AS THOSE THAT COVERED BY THE TRIAL, PURCHASE APPLICABLE SUBSCRIBES TO THE UPGRADED SERVICES, OR EXPORT SUCH DATADATA FROM THE SYSTEM, BEFORE THE END OF THE TRIAL PERIOD. YOU THE SUBSCRIBER CANNOT TRANSFER DATA ENTERED OR CUSTOMIZATIONS MADE DURING THE FREE TRIAL TO A SERVICE SYSTEM THAT WOULD BE A DOWNGRADE FROM THAT COVERED BY THE TRIAL (E.G., FROM ENTERPRISE EDITION TO PROFESSIONAL EDITION)TRIAL; THEREFORE, IF YOU PURCHASE A SERVICE THE SUBSCRIBER SUBSCRIBES TO THE SERVICES THAT WOULD BE A DOWNGRADE FROM THAT COVERED BY THE TRIAL, YOU THE SUBSCRIBER MUST EXPORT YOUR IT'S DATA FROM THE SYSTEM BEFORE THE END OF THE TRIAL PERIOD OR YOUR IT'S DATA WILL BE PERMANENTLY LOST. NOTWITHSTANDING SECTIONS 9 (REPRESENTATIONS, WARRANTIES, EXCLUSIVE REMEDIES AND DISCLAIMERS) AND 10.1 (INDEMNIFICATION BY US), DURING THE FREE TRIAL THE SERVICES ARE PROVIDED “AS-AS IS” WITHOUT ANY WARRANTY AND SAVVYDOX SHALL HAVE NO INDEMNIFICATION OBLIGATIONS WITH RESPECT TO THE SERVICES FOR THE FREE TRIAL PERIODWARRANTY. WITHOUT LIMITING THE FOREGOINGThe Subscriber shall review any available Documentation (e.g. manuals, SAVVYDOX AND ITS AFFILIATES AND ITS LICENSORS DO NOT REPRESENT OR WARRANT TO YOU THAT: (Atraining materials, demos etc) 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 as well as test the applicable Service’s Documentation Services and the System during the trial period so that You 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, Services 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, or to become familiar fuIIy famiIiar with the features and functions of the Services before You make Your purchaseor 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. If You register on Our website 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) the end of the free trial period for which You registered to use the applicable Service(s), 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. NOTWITHSTANDING ANY DATA YOU ENTER INTO THE SERVICES, AND ANY CUSTOMIZATIONS MADE TO THE SERVICES BY OR FOR YOUOTHER PROVISION OF THIS AGREEMENT, 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. 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 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 SECTIONS 9 (REPRESENTATIONS, WARRANTIES, EXCLUSIVE REMEDIES AND DISCLAIMERS) AND 10.1 (INDEMNIFICATION BY US), DURING THE ANY FREE TRIAL THE SERVICES AND THE SITE ARE PROVIDED “AS-IS” AND WITHOUT ANY WARRANTY AND SAVVYDOX QLIK SHALL HAVE NO INDEMNIFICATION OBLIGATIONS NOR LIABILITY OF ANY TYPE WITH RESPECT TO THE SERVICES AND THE SITE FOR THE FREE TRIAL PERIODPERIOD 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, SAVVYDOX QLIK AND ITS AFFILIATES AND ITS LICENSORS DO NOT REPRESENT OR WARRANT TO YOU THAT: (A) YOUR CUSTOMER THAT CUSTOMER’S AND/OR ITS AUTHORIZED USERS’ USE OF THE SERVICES DURING OR THE FREE TRIAL PERIOD WILL MEET YOUR REQUIREMENTS, (B) YOUR USE OF THE SERVICES SITE 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)THIS AGREEMENT, YOU CUSTOMER SHALL BE FULLY LIABLE UNDER THIS AGREEMENT TO SAVVYDOX QLIK AND ITS AFFILIATES FOR (A) ANY DAMAGES ARISING OUT OF YOUR CUSTOMER’S AND/OR ITS AUTHORIZED USERS’ USE OF THE SERVICES AND/OR THE SITE DURING THE FREE TRIAL PERIOD, (B) ANY BREACH BY YOU CUSTOMER AND/OR ITS AUTHORIZED USERS OF THIS AGREEMENT AND AND/OR (C) ANY OF YOUR CUSTOMER’S 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: Saas Services Agreement