Free Trials. If Customer uses a Free Trial, then the applicable provisions of this Agreement will Govern that Free Trial, and AuditBoard will make such Free Trial available to Customer on a trial basis, free of charge, until the earlier of (a) the end of the trial period for which Customer agreed to use such Free Trial, (b) the start date of any Service subscription purchased by Customer for such Service, or (c) termination of the Free Trial by Audit Board in its sole discretion. A free trial period may be extended upon mutual agreement by AuditBoard and Customer. Notwithstanding anything to the contrary in this Agreement, a Free Trial is provided “AS IS.” AUDITBOARD MAKES NO REPRESENTATION OR WARRANTY AND SHALL HAVE NO INDEMNIFICATION OBLIGATIONS WITH RESPECT TO A FREE TRIAL. AUDITBOARD SHALL HAVE NO LIABILITY OF ANY TYPE WITH RESPECT TO A FREE TRIAL, UNLESS SUCH EXCLUSION OF LIABILITY IS NOT ENFORCEABLE UNDER APPLICABLE LAW IN WHICH CASE AUDITBOARD'S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO A FREE TRIAL IS US$5,000. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN SECTION 9 (LIMITATION OF LIABILITY), CUSTOMER SHALL NOT USE THE FREE TRIAL IN A MANNER THAT VIOLATES APPLICABLE LAWS AND WILL BE FULLY LIABLE FOR ANY DAMAGES CAUSED BY ITS USE OF A FREE TRIAL. ANY DATA AND CONFIGURATION ENTERED INTO CUSTOMER’S FREE TRIAL ACCOUNT MAY BE PERMANENTLY LOST UPON TERMINATION OF THE FREE TRIAL.
Appears in 4 contracts
Samples: Subscription Agreement, Subscription Agreement, Subscription Agreement
Free Trials. If Customer uses a Free Trial, then the applicable provisions of this Agreement will Govern govern that Free Trial, and AuditBoard Okta will make such Free Trial 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, (b) the start date of any Service subscription purchased by Customer for such Service, or (c) termination of the Free Trial by Audit Board Okta in its sole discretion. A free trial period may be extended upon mutual agreement by AuditBoard Okta and Customer. Notwithstanding anything to the contrary in this Agreement, a Free Trial is provided “AS IS.” AUDITBOARD OKTA MAKES NO REPRESENTATION OR WARRANTY AND SHALL HAVE NO INDEMNIFICATION OBLIGATIONS WITH RESPECT TO A FREE TRIAL. AUDITBOARD OKTA SHALL HAVE NO LIABILITY OF ANY TYPE WITH RESPECT TO A FREE TRIAL, UNLESS SUCH EXCLUSION OF LIABILITY IS NOT ENFORCEABLE UNDER APPLICABLE LAW IN WHICH CASE AUDITBOARD'S OKTA’S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO A FREE TRIAL IS US$5,0001,000. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN SECTION 9 8 (“LIMITATION OF LIABILITY”), CUSTOMER SHALL NOT USE THE FREE TRIAL IN A MANNER THAT VIOLATES APPLICABLE LAWS AND WILL BE FULLY LIABLE FOR ANY DAMAGES CAUSED BY ITS USE OF A FREE TRIAL. ANY DATA AND CONFIGURATION CONFIGURATIONS ENTERED INTO CUSTOMER’S FREE TRIAL ACCOUNT MAY BE PERMANENTLY LOST UPON TERMINATION OF THE FREE TRIAL.
Appears in 2 contracts
Samples: Master Subscription Agreement, Master Subscription Agreement
Free Trials. If Customer uses a Free Trial, then the applicable provisions of this Agreement will Govern govern that Free Trial, and AuditBoard will make such Free Trial available to Customer on a trial basis, free of charge, until the earlier of (a) the end of the trial period for which Customer agreed to use such Free Trial, (b) the start date of any Service subscription purchased by Customer for such Service, or (c) termination of the Free Trial by Audit Board in its sole discretion. A free trial period may be extended upon mutual agreement by AuditBoard and Customer. Notwithstanding anything to the contrary in this Agreement, a Free Trial is provided “AS IS.” AUDITBOARD MAKES NO REPRESENTATION OR WARRANTY AND SHALL HAVE NO INDEMNIFICATION OBLIGATIONS WITH RESPECT TO A FREE TRIAL. AUDITBOARD SHALL HAVE NO LIABILITY OF ANY TYPE WITH RESPECT TO A FREE TRIAL, UNLESS SUCH EXCLUSION OF LIABILITY IS NOT ENFORCEABLE UNDER APPLICABLE LAW IN WHICH CASE AUDITBOARD'S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO A FREE TRIAL IS US$5,000. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN SECTION 9 (LIMITATION OF LIABILITY), CUSTOMER SHALL NOT USE THE FREE TRIAL IN A MANNER THAT VIOLATES APPLICABLE LAWS AND WILL BE FULLY LIABLE FOR ANY DAMAGES CAUSED BY ITS USE OF A FREE TRIAL. ANY DATA AND CONFIGURATION ENTERED INTO CUSTOMER’S FREE TRIAL ACCOUNT MAY BE PERMANENTLY LOST UPON TERMINATION OF THE FREE TRIAL.
Appears in 2 contracts
Samples: Subscription Agreement, Subscription Agreement
Free Trials. If Customer uses a Free TrialTrial Service, then the applicable provisions of this Agreement will Govern that Free Trial, and AuditBoard Okta 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 TrialTrial Service, (b) the start date of any Service subscription purchased by Customer for such Service, or (c) termination of the Free Trial Service by Audit Board Okta in its sole discretion. A free trial period may be extended upon mutual agreement by AuditBoard Okta and Customer. Notwithstanding anything to the contrary in this Agreement, a Free Trial Service is provided “AS IS.” AUDITBOARD OKTA MAKES NO REPRESENTATION OR WARRANTY AND SHALL HAVE NO INDEMNIFICATION OBLIGATIONS WITH RESPECT TO A FREE TRIALTRIAL SERVICE. AUDITBOARD OKTA SHALL HAVE NO LIABILITY OF ANY TYPE WITH RESPECT TO A FREE TRIALTRIAL SERVICE, UNLESS SUCH EXCLUSION OF LIABILITY IS NOT ENFORCEABLE UNDER APPLICABLE LAW IN WHICH CASE AUDITBOARD'S OKTA’S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO A FREE TRIAL SERVICE IS US$5,0001,000. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN SECTION 9 8 (“LIMITATION OF LIABILITY”), CUSTOMER SHALL NOT USE THE FREE TRIAL SERVICE IN A MANNER THAT VIOLATES APPLICABLE LAWS AND WILL BE FULLY LIABLE FOR ANY DAMAGES CAUSED BY ITS USE OF A FREE TRIALTRIAL SERVICE. ANY DATA AND CONFIGURATION CONFIGURATIONS ENTERED INTO CUSTOMER’S FREE TRIAL SERVICE ACCOUNT MAY BE PERMANENTLY LOST UPON TERMINATION OF THE FREE TRIALTRIAL SERVICE.
Appears in 2 contracts
Samples: Master Subscription Agreement, Master Subscription Agreement
Free Trials. From time to time, we may offer trials of the Full Domo Service for a specified period of time without payment or at a reduced rate (each, a "Free Trial"). If Customer uses you register on our website or via a Service Order for a Free Trial, then the applicable provisions of this Agreement will Govern that Free Trial, and AuditBoard we will make such the Service available to you under the Free Trial available to Customer on a trial basis, free of charge, until the earlier of (a) the end of the trial Free Trial period for which Customer agreed you registered to use such Free Trialthe Service, or (b) the start date of any Full Domo Service subscription purchased ordered by Customer you for such Service, or (c) termination of by us in our sole discretion. Additional Free Trial terms and conditions may appear on the Free Trial registration web page. Any such additional terms and conditions are incorporated into this Agreement by Audit Board reference and are legally binding. We reserve the right, in its sole our absolute discretion. A free trial period may be extended upon mutual agreement by AuditBoard and Customer. Notwithstanding anything , to the contrary in this Agreementdetermine your eligibility for a Free Trial, and, subject to applicable laws, to withdraw or to modify a Free Trial is provided “at any time without prior notice and with no liability, to the greatest extent permitted under law. ANY DATA YOU ENTER INTO THE SERVICE, AND ANY CONFIGURATION CHANGES MADE TO THE SERVICE BY OR FOR YOU, DURING YOUR FREE TRIAL WILL BE PERMANENTLY LOST UNLESS YOU PURCHASE A SUBSCRIPTION TO THE SAME SERVICE AS IS.” AUDITBOARD MAKES NO REPRESENTATION THOSE COVERED BY THE FREE TRIAL OR WARRANTY AND SHALL HAVE NO INDEMNIFICATION OBLIGATIONS WITH RESPECT EXPORT SUCH DATA, BEFORE THE END OF THE FREE TRIAL PERIOD. YOU CANNOT TRANSFER DATA ENTERED OR CONFIGURATION CHANGES MADE DURING THE FREE TRIAL TO A FREE TRIAL. AUDITBOARD SHALL HAVE NO LIABILITY VERSION OF ANY TYPE WITH RESPECT TO A FREE TRIALTHE SERVICE, UNLESS SUCH EXCLUSION OF LIABILITY IS NOT ENFORCEABLE UNDER APPLICABLE LAW THE DATA ENTERED OR CONFIGURATION CHANGES ARE TO FEATURES AVAILABLE IN WHICH CASE AUDITBOARD'S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO A FREE TRIAL IS US$5,000. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN SECTION 9 (LIMITATION OF LIABILITY), CUSTOMER SHALL NOT USE THE FREE VERSIONS; THEREFORE, YOU MUST EXPORT YOUR DATA BEFORE THE END OF THE TRIAL IN A MANNER THAT VIOLATES APPLICABLE LAWS AND PERIOD OR YOUR DATA WILL BE FULLY LIABLE FOR ANY DAMAGES CAUSED BY ITS USE OF A FREE TRIALPERMANENTLY LOST. ANY DATA AND CONFIGURATION ENTERED INTO CUSTOMER’S FREE TRIAL ACCOUNT MAY BE PERMANENTLY LOST UPON TERMINATION OF THE FREE TRIALPlease review the applicable Documentation for the Service during the Free Trial period so that you become familiar with the functionality and features of the Service before you make your purchase.
Appears in 1 contract
Samples: Domo Services Agreement
Free Trials. If Customer uses a Free TrialTrial Service (either directly through Okta or through a Reseller, then the applicable provisions of this Agreement will Govern that Free Trialwith or without a Customer Order Form), and AuditBoard Okta 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 TrialTrial Service, (b) the start date of any Service subscription purchased by Customer for such Service, or (c) termination of the Free Trial Service by Audit Board Okta in its sole discretion. A free trial period may be extended upon mutual agreement by AuditBoard Xxxx and CustomerXxxxxxxx. Notwithstanding anything to the contrary in this Agreementthese Terms, a Free Trial Service is provided “AS IS.” AUDITBOARD OKTA MAKES NO REPRESENTATION OR WARRANTY AND SHALL HAVE NO INDEMNIFICATION OBLIGATIONS WITH RESPECT TO A FREE TRIALTRIAL SERVICE. AUDITBOARD OKTA SHALL HAVE NO LIABILITY OF ANY TYPE WITH RESPECT TO A FREE TRIALTRIAL SERVICE, UNLESS SUCH EXCLUSION OF LIABILITY IS NOT ENFORCEABLE ENFORCABLE UNDER APPLICABLE LAW IN WHICH CASE AUDITBOARD'S OKTA’S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO A FREE TRIAL SERVICE IS US$5,0001,000. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN SECTION 9 8 (“LIMITATION OF LIABILITY”), CUSTOMER SHALL NOT USE THE FREE TRIAL SERVICE IN A MANNER THAT VIOLATES APPLICABLE LAWS AND WILL BE FULLY LIABLE FOR ANY DAMAGES CAUSED BY ITS USE OF A FREE TRIALTRIAL SERVICE. ANY DATA AND CONFIGURATION CONFIGURATIONS ENTERED INTO CUSTOMER’S FREE TRIAL SERVICE ACCOUNT MAY BE PERMANENTLY LOST UPON TERMINATION OF THE FREE TRIALTRIAL SERVICE. For the avoidance of doubt, any Free Trial Service is offered without any expectation of future payment from the U.S. Federal Government, and Okta expressly waives any future claims for payment from the U.S. Federal Government Customer in connection with any Free Trial Service. If acceptance of these Terms is electronic, then the individual accepting these Terms on behalf of a U.S. Federal Government agency represents that they have the authority to bind such agency to these Terms. If the individual does not have such authority, or if the individual does not agree with these Terms, such individual must not accept these Terms and may not use the Free Trial Service.
Appears in 1 contract
Samples: www.carahsoft.com
Free Trials. Section 15(e) of the Agreement is hereby deleted and replaced with the following: “If Customer uses a Free TrialTrial Service, then the applicable provisions of this Agreement will Govern that Free Trial, and AuditBoard DISCO 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 TrialTrial Service, (b) the start date of any Service Technology Offerings subscription purchased by Customer for that includes such Free Trial Service, or (c) termination of the Free Trial Service by Audit Board DISCO in its sole discretion. A free trial period may be extended upon mutual agreement by AuditBoard DISCO and Customer. Notwithstanding anything to the contrary in this AgreementNOTWITHSTANDING ANYTHING TO THE CONTRARY IN THE AGREEMENT, a Free Trial is provided A FREE TRIAL SERVICE IS PROVIDED ON AN “AS IS.” AUDITBOARD AND “AS AVAILABLE” BASIS. DISCO MAKES NO CONDITION, REPRESENTATION OR WARRANTY AND SHALL HAVE NO INDEMNIFICATION OBLIGATIONS WITH RESPECT TO A FREE TRIALTRIAL SERVICE. AUDITBOARD NOTWITHSTANDING ANY OTHER PROVISION OF THIS AGREEMENT APART FROM SECTION 14(c), DISCO SHALL HAVE NO LIABILITY OF ANY TYPE (WHETHER IN CONTRACT, TORT OR OTHERWISE) WITH RESPECT TO A FREE TRIALTRIAL SERVICE, UNLESS SUCH EXCLUSION OF LIABILITY IS NOT ENFORCEABLE UNDER APPLICABLE LAW LAW, IN WHICH CASE AUDITBOARD'S DISCO’S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO A FREE TRIAL SERVICE IS US$5,000LIMITED TO A MAXIMUM OF GBP 1000. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN SECTION 9 (LIMITATION OF LIABILITY), CUSTOMER SHALL NOT USE THE FREE TRIAL SERVICE IN A MANNER THAT VIOLATES BREACHES APPLICABLE LAWS AND WILL BE FULLY LIABLE FOR ANY DAMAGES CAUSED BY ITS USE OF A FREE TRIALTRIAL SERVICE. ANY DATA AND CONFIGURATION OR INFORMATION ENTERED INTO CUSTOMER’S THE FREE TRIAL ACCOUNT SERVICE BY CUSTOMER MAY BE PERMANENTLY LOST UPON TERMINATION OF THE FREE TRIALTRIAL SERVICE. Customer agrees that it will not make any public statements or otherwise disclose its participation in the Free Trial Service without DISCO’s prior written consent. DISCO may change or not release a final or commercial version of a Free Trial Service in its sole discretion.”
Appears in 1 contract
Samples: Disco Terms and Conditions
Free Trials. From time to time, DISCO may make a Free Trial Service available to Customer at no charge. Customer may choose to try such Free Trial Service or not in its sole discretion. If Customer uses a Free TrialTrial Service, then the applicable provisions of this Agreement will Govern that Free Trial, and AuditBoard DISCO 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 TrialTrial Service, (b) the start date of any Service Technology Offerings subscription purchased by Customer for that includes such Free Trial Service, or (c) termination of the Free Trial Service by Audit Board DISCO in its sole discretion. A free trial period may be extended upon mutual agreement by AuditBoard DISCO and Customer. Notwithstanding anything to the contrary in this Agreement, a Free Trial Service is provided “AS IS.” AUDITBOARD DISCO MAKES NO REPRESENTATION OR WARRANTY AND SHALL HAVE NO INDEMNIFICATION OBLIGATIONS WITH RESPECT TO A FREE TRIALTRIAL SERVICE. AUDITBOARD NOTWITHSTANDING ANY OTHER PROVISION OF THIS AGREEMENT, DISCO SHALL HAVE NO LIABILITY OF ANY TYPE WITH RESPECT TO A FREE TRIALTRIAL SERVICE, UNLESS SUCH EXCLUSION OF LIABILITY IS NOT ENFORCEABLE UNDER APPLICABLE LAW LAW, IN WHICH CASE AUDITBOARD'S DISCO’S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO A FREE TRIAL SERVICE IS US$5,000LIMITED TO A MAXIMUM OF USD $1,000. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN SECTION 9 (LIMITATION OF LIABILITY), CUSTOMER SHALL NOT USE THE FREE TRIAL SERVICE IN A MANNER THAT VIOLATES APPLICABLE LAWS AND WILL BE FULLY LIABLE FOR ANY DAMAGES CAUSED BY ITS USE OF A FREE TRIALTRIAL SERVICE. ANY DATA AND CONFIGURATION OR INFORMATION ENTERED INTO CUSTOMER’S THE FREE TRIAL ACCOUNT SERVICE BY CUSTOMER MAY BE PERMANENTLY LOST UPON TERMINATION OF THE FREE TRIALTRIAL SERVICE. Customer agrees that it will not make any public statements or otherwise disclose its participation in the Free Trial Service without DISCO’s prior written consent. DISCO may change or not release a final or commercial version of a Free Trial Service in its sole discretion.
Appears in 1 contract
Samples: Disco Terms and Conditions
Free Trials. If Customer uses Your Subscription may start with a free trial (the “Free Trial, then the applicable provisions ”). The specific terms of this Agreement will Govern that Free Trial, and AuditBoard will make such your Free Trial available will be provided in the marketing materials describing the particular trial or at registration. For combinations with other offers, restrictions may apply. Free Trials for a Subscription are for new and former customers only. Fluke may offer Free Trials of certain featured services to Customer on a trial basisexisting customers. Fluke reserves the right, free of chargein its discretion, until the earlier of (a) the end of the trial period for which Customer agreed to use such Free Trial, (b) the start date of any Service subscription purchased by Customer for such Service, or (c) termination of the determine your Free Trial by Audit Board in its sole discretion. A free trial period may be extended upon mutual agreement by AuditBoard eligibility and Customer. Notwithstanding anything to the contrary in this Agreement, modify or cancel a Free Trial is provided “AS IS.” AUDITBOARD or a Free Trial offer at any time. WE WILL NOT AUTOMATICALLY CONVERT YOUR FREE TRIAL INTO A PAID SUBSCRIPTION, AND FLUKE MAKES NO REPRESENTATION OR WARRANTY GUARANTEE AND SHALL HAVE UNDERTAKES NO INDEMNIFICATION OBLIGATIONS WITH RESPECT OBLIGATION TO A ALERT YOU OF THE EXPIRATION OF YOUR FREE TRIAL. AUDITBOARD SHALL HAVE NO LIABILITY OF ANY TYPE WITH RESPECT IF YOU WISH TO A FREE TRIAL, UNLESS SUCH EXCLUSION OF LIABILITY IS NOT ENFORCEABLE UNDER APPLICABLE LAW IN WHICH CASE AUDITBOARD'S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO A FREE TRIAL IS US$5,000. NOTWITHSTANDING ANYTHING CONTINUE YOUR ACCESS TO THE CONTRARY IN SECTION 9 (LIMITATION LICENSED SERVICES AFTER THE EXPIRATION OF LIABILITY), CUSTOMER SHALL NOT USE THE FREE TRIAL IN WITHOUT INTERRUPTION, YOU MUST PURCHASE A MANNER THAT VIOLATES APPLICABLE LAWS AND WILL BE FULLY SUBSCRIPTION PRIOR TO THE EXPIRATION OF YOUR FREE TRIAL. IF YOUR FREE TRIAL EXPIRES PRIOR TO THE START OF YOUR SUBSCRIPTION, FLUKE IS NOT RESPONSIBLE OR LIABLE FOR ANY DAMAGES CAUSED BY ITS USE OF A FREE TRIAL. ANY DATA AND CONFIGURATION ENTERED INTO CUSTOMER’S FREE TRIAL ACCOUNT MAY BE PERMANENTLY LOST UPON TERMINATION ASSOCIATED LOSS, DAMAGE, INJURY OR HARM ARISING FROM THE EXPIRATION OF THE FREE TRIALTRIAL OR OTHERWISE IN CONNECTION WITH ANY TERMINATION OF YOUR LICENSED SERVICES, EXCEPT TO THE EXTENT SUCH LIABILITY CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Appears in 1 contract
Samples: Software and Services Agreement
Free Trials. If Customer uses a Free TrialTrial Service, then the applicable provisions of this Agreement will Govern that Free Trial, and AuditBoard Okta 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 TrialTrial Service, (b) the start date of any Service subscription purchased by Customer for such Service, or (c) termination of the Free Trial Service by Audit Board Okta in its sole discretion. A free trial period may be extended upon mutual agreement by AuditBoard Xxxx and CustomerXxxxxxxx. Notwithstanding anything to the contrary in this Agreement, a Free Trial Service is provided “AS IS.” AUDITBOARD OKTA MAKES NO REPRESENTATION OR WARRANTY AND SHALL HAVE NO INDEMNIFICATION OBLIGATIONS WITH RESPECT TO A FREE TRIALTRIAL SERVICE. AUDITBOARD OKTA SHALL HAVE NO LIABILITY OF ANY TYPE WITH RESPECT TO A FREE TRIALTRIAL SERVICE, UNLESS SUCH EXCLUSION OF LIABILITY IS NOT ENFORCEABLE UNDER APPLICABLE LAW IN WHICH CASE AUDITBOARD'S OKTA’S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO A FREE TRIAL SERVICE IS US$5,0001,000. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN SECTION 9 8 (“LIMITATION OF LIABILITY”), CUSTOMER SHALL NOT USE THE FREE TRIAL SERVICE IN A MANNER THAT VIOLATES APPLICABLE LAWS AND WILL BE FULLY LIABLE FOR ANY DAMAGES CAUSED BY ITS USE OF A FREE TRIALTRIAL SERVICE. ANY DATA AND CONFIGURATION CONFIGURATIONS ENTERED INTO CUSTOMER’S FREE TRIAL SERVICE ACCOUNT MAY BE PERMANENTLY LOST UPON TERMINATION OF THE FREE TRIALTRIAL SERVICE.
Appears in 1 contract
Samples: Master Subscription Agreement
Free Trials. If Customer uses you register through the AppExchange for a Free Trialfree trial to any Software or Service, then you may be granted a license to the applicable provisions of this Agreement will Govern that Free Trial, and AuditBoard will make such Free Trial available Software or access to Customer on a trial basis, free of charge, the Service until the earlier of (a) the end of the trial period for which Customer agreed to use such Free Trial, (b) the start date of any Service subscription purchased by Customer Subscription Term for such Software or Service, or (cb) termination of the Free Trial by Audit Board OSF in its sole discretion. Additional trial terms and conditions may appear in the Documentation. 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 free trial period may be extended upon mutual agreement by AuditBoard and CustomerSUBSCRIPTION 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 anything to the contrary in this AgreementNOTWITHSTANDING THE “LIMITED WARRANTY” SECTION AND “INDEMNIFICATION BY OSF” SECTION BELOW, a Free Trial is provided DURING THE FREE TRIAL THE SOFTWARE IS PROVIDED “AS AS-IS.” AUDITBOARD MAKES NO REPRESENTATION OR WITHOUT ANY WARRANTY AND OSF SHALL HAVE NO INDEMNIFICATION OBLIGATIONS WITH RESPECT TO A FREE TRIAL. AUDITBOARD SHALL HAVE NO NOR LIABILITY OF ANY TYPE WITH RESPECT TO A FOR THE FREE TRIAL, TRIAL PERIOD UNLESS SUCH EXCLUSION OF LIABILITY IS NOT ENFORCEABLE UNDER APPLICABLE LAW IN WHICH CASE AUDITBOARD'S TOTAL AGGREGATE OSF’S LIABILITY ARISING OUT OF OR RELATING WITH RESPECT TO A THE SOFTWARE PROVIDED DURING THE FREE TRIAL IS US$5,000SHALL NOT EXCEED TEN DOLLARS ($10.00). WITHOUT LIMITING THE FOREGOING, OSF AND ITS AFFILIATES DO NOT REPRESENT OR WARRANT THAT YOUR USE OF THE SOFTWARE DURING THE FREE TRIAL PERIOD WILL MEET YOUR REQUIREMENTS OR BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN SECTION 9 (THE “LIMITATION OF LIABILITY)” SECTION BELOW, CUSTOMER SHALL NOT YOU ARE FULLY LIABLE UNDER THIS AGREEMENT TO OSF AND ITS AFFILIATES FOR ANY DAMAGES ARISING OUT OF YOUR USE OF THE SOFTWARE DURING THE FREE TRIAL IN A MANNER THAT VIOLATES APPLICABLE LAWS AND WILL BE FULLY LIABLE FOR ANY DAMAGES CAUSED BY ITS USE OF A FREE TRIAL. ANY DATA AND CONFIGURATION ENTERED INTO CUSTOMER’S FREE TRIAL ACCOUNT MAY BE PERMANENTLY LOST UPON TERMINATION OF THE FREE TRIALPERIOD.
Appears in 1 contract
Samples: Osf Software Terms
Free Trials. From time to time, we may offer trials of the Full Magic Service for a specified period of time without payment or at a reduced rate (each, a "Free Trial"). If Customer uses you register on our website or via a Service Order for a Free Trial, then the applicable provisions of this Agreement will Govern that Free Trial, and AuditBoard we will make such the Service available to you under the Free Trial available to Customer on a trial basis, free of charge, until the earlier of (a) the end of the trial Free Trial period for which Customer agreed you registered to use such Free Trialthe Service, or (b) the start date of any Full Magic Service subscription purchased ordered by Customer you for such Service, or (c) termination of by us in our sole discretion. Additional Free Trial terms and conditions may appear on the Free Trial registration web page. Any such additional terms and conditions are incorporated into this Agreement by Audit Board reference and are legally binding. We reserve the right, in its sole our absolute discretion. A free trial period may be extended upon mutual agreement by AuditBoard and Customer. Notwithstanding anything , to the contrary in this Agreementdetermine your eligibility for a Free Trial, and, subject to applicable laws, to withdraw or to modify a Free Trial is provided “at any time without prior notice and with no liability, to the greatest extent permitted under law. ANY DATA YOU ENTER INTO THE SERVICE, AND ANY CONFIGURATION CHANGES MADE TO THE SERVICE BY OR FOR YOU, DURING YOUR FREE TRIAL WILL BE PERMANENTLY LOST UNLESS YOU PURCHASE A SUBSCRIPTION TO THE SAME SERVICE AS IS.” AUDITBOARD MAKES NO REPRESENTATION THOSE COVERED BY THE FREE TRIAL OR WARRANTY AND SHALL HAVE NO INDEMNIFICATION OBLIGATIONS WITH RESPECT EXPORT SUCH DATA, BEFORE THE END OF THE FREE TRIAL PERIOD. YOU CANNOT TRANSFER DATA ENTERED OR CONFIGURATION CHANGES MADE DURING THE FREE TRIAL TO A FREE TRIAL. AUDITBOARD SHALL HAVE NO LIABILITY VERSION OF ANY TYPE WITH RESPECT TO A FREE TRIALTHE SERVICE, UNLESS SUCH EXCLUSION OF LIABILITY IS NOT ENFORCEABLE UNDER APPLICABLE LAW THE DATA ENTERED OR CONFIGURATION CHANGES ARE TO FEATURES AVAILABLE IN WHICH CASE AUDITBOARD'S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO A FREE TRIAL IS US$5,000. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN SECTION 9 (LIMITATION OF LIABILITY), CUSTOMER SHALL NOT USE THE FREE VERSIONS; THEREFORE, YOU MUST EXPORT YOUR DATA BEFORE THE END OF THE TRIAL IN A MANNER THAT VIOLATES APPLICABLE LAWS AND PERIOD OR YOUR DATA WILL BE FULLY LIABLE FOR ANY DAMAGES CAUSED BY ITS USE OF A FREE TRIALPERMANENTLY LOST. ANY DATA AND CONFIGURATION ENTERED INTO CUSTOMER’S FREE TRIAL ACCOUNT MAY BE PERMANENTLY LOST UPON TERMINATION OF THE FREE TRIALPlease review the applicable Documentation for the Service during the Free Trial period so that you become familiar with the functionality and features of the Service before you make your purchase.
Appears in 1 contract
Samples: Subscription Agreement
Free Trials. If Customer uses a Free Trial, then the applicable provisions of this Agreement will Govern govern that Free Trial, and AuditBoard Okta will make such Free Trial 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, (b) the start date of any Service subscription purchased by Customer for such Service, or (c) termination of the Free Trial by Audit Board Okta in its sole discretion. A free trial period may be extended upon mutual agreement by AuditBoard Xxxx and CustomerXxxxxxxx. Notwithstanding anything to the contrary in this Agreement, a Free Trial is provided “AS IS.” AUDITBOARD OKTA MAKES NO REPRESENTATION OR WARRANTY AND SHALL HAVE NO INDEMNIFICATION OBLIGATIONS WITH RESPECT TO A FREE TRIAL. AUDITBOARD OKTA SHALL HAVE NO LIABILITY OF ANY TYPE WITH RESPECT TO A FREE TRIAL, UNLESS SUCH EXCLUSION OF LIABILITY IS NOT ENFORCEABLE UNDER APPLICABLE LAW IN WHICH CASE AUDITBOARD'S OKTA’S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO A FREE TRIAL IS US$5,0001,000. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN SECTION 9 8 (“LIMITATION OF LIABILITY”), CUSTOMER SHALL NOT USE THE FREE TRIAL IN A MANNER THAT VIOLATES APPLICABLE LAWS AND WILL BE FULLY LIABLE FOR ANY DAMAGES CAUSED BY ITS USE OF A FREE TRIAL. ANY DATA AND CONFIGURATION CONFIGURATIONS ENTERED INTO CUSTOMER’S FREE TRIAL ACCOUNT MAY BE PERMANENTLY LOST UPON TERMINATION OF THE FREE TRIAL.
Appears in 1 contract
Samples: Master Subscription Agreement
Free Trials. From time to time, we may offer trials of the Full Domo Service for a specified period of time without payment or at a reduced rate (each, a “Free Trial”). If Customer uses you register on our website or via a Service Order for a Free Trial, then the applicable provisions of this Agreement will Govern that Free Trial, and AuditBoard we will make such the Service available to you under the Free Trial available to Customer on a trial basis, free of charge, until the earlier of (a) the end of the trial Free Trial period for which Customer agreed you registered to use such Free Trialthe Service, or (b) the start date of any Full Domo Service subscription purchased ordered by Customer you for such Service, or (c) termination of by us in our sole discretion. Additional Free Trial terms and conditions may appear on the Free Trial registration web page. Any such additional terms and conditions are incorporated into this Agreement by Audit Board reference and are legally binding. We reserve the right, in its sole our absolute discretion. A free trial period may be extended upon mutual agreement by AuditBoard and Customer. Notwithstanding anything , to the contrary in this Agreementdetermine your eligibility for a Free Trial, and, subject to applicable laws, to withdraw or to modify a Free Trial is provided “at any time without prior notice and with no liability, to the greatest extent permitted under law. ANY DATA YOU ENTER INTO THE SERVICE, AND ANY CONFIGURATION CHANGES MADE TO THE SERVICE BY OR FOR YOU, DURING YOUR FREE TRIAL WILL BE PERMANENTLY LOST UNLESS YOU PURCHASE A SUBSCRIPTION TO THE SAME SERVICE AS IS.” AUDITBOARD MAKES NO REPRESENTATION THOSE COVERED BY THE FREE TRIAL OR WARRANTY AND SHALL HAVE NO INDEMNIFICATION OBLIGATIONS WITH RESPECT EXPORT SUCH DATA, BEFORE THE END OF THE FREE TRIAL PERIOD. YOU CANNOT TRANSFER DATA ENTERED OR CONFIGURATION CHANGES MADE DURING THE FREE TRIAL TO A FREE TRIAL. AUDITBOARD SHALL HAVE NO LIABILITY VERSION OF ANY TYPE WITH RESPECT TO A FREE TRIALTHE SERVICE, UNLESS SUCH EXCLUSION OF LIABILITY IS NOT ENFORCEABLE UNDER APPLICABLE LAW THE DATA ENTERED OR CONFIGURATION CHANGES ARE TO FEATURES AVAILABLE IN WHICH CASE AUDITBOARD'S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO A FREE TRIAL IS US$5,000. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN SECTION 9 (LIMITATION OF LIABILITY), CUSTOMER SHALL NOT USE THE FREE VERSIONS; THEREFORE, YOU MUST EXPORT YOUR DATA BEFORE THE END OF THE TRIAL IN A MANNER THAT VIOLATES APPLICABLE LAWS AND PERIOD OR YOUR DATA WILL BE FULLY LIABLE FOR ANY DAMAGES CAUSED BY ITS USE OF A FREE TRIALPERMANENTLY LOST. ANY DATA AND CONFIGURATION ENTERED INTO CUSTOMER’S FREE TRIAL ACCOUNT MAY BE PERMANENTLY LOST UPON TERMINATION OF THE FREE TRIALPlease review the applicable Documentation for the Service during the Free Trial period so that you become familiar with the functionality and features of the Service before you make your purchase.
Appears in 1 contract
Samples: Domo Services Agreement
Free Trials. If Customer uses a is approved by Drata for Free TrialTrial Services, then Drata will make the applicable provisions of this Agreement will Govern that Free Trial, and AuditBoard will make such Free Trial Services available to Customer on a trial basis, free of charge, charge until the earlier of of: (ai) the end of the free trial period for which Customer agreed communicated by Drata to use such Free Trial, Customer; (bii) the start date of any Service subscription purchased Purchased Services subscriptions ordered by Customer for such Service, Service(s); or (ciii) termination of the Free Trial Services period by Audit Board Drata in its sole discretion. For the purposes of trials, Section 10.5 herein shall not apply. ANY CUSTOMER DATA CUSTOMER ENTERS INTO THE FREE TRIAL SERVICES WILL BE PERMANENTLY LOST UNLESS CUSTOMER PURCHASES A free trial period may be extended upon mutual agreement by AuditBoard and CustomerSUBSCRIPTION TO THE SAME SERVICES AS THOSE COVERED BY THE FREE TRIAL SERVICES OR EXPORTS SUCH CUSTOMER DATA BEFORE THE END OF THE TRIAL PERIOD. Notwithstanding anything to the contrary in this AgreementNOTWITHSTANDING THE “REPRESENTATIONS, a Free Trial is provided WARRANTIES AND DISCLAIMERS” SECTION AND “AS INDEMNIFICATION BY DRATA” SECTIONS BELOW, FREE TRIAL SERVICES ARE PROVIDED “AS- IS.” AUDITBOARD MAKES NO REPRESENTATION OR WITHOUT ANY WARRANTY AND DRATA SHALL HAVE NO INDEMNIFICATION INDEM NIFICATION OBLIGATIONS WITH RESPECT TO A FREE TRIAL. AUDITBOARD SHALL HAVE NO NOR LIABILITY OF ANY TYPE WITH RESPECT R ESPECT TO A THE FREE TRIAL, TRIAL SERVICES UNLESS SUCH EXCLUSION OF LIABILITY IS NOT ENFORCEABLE ENF ORCEABLE UNDER APPLICABLE LAW IN WHICH CASE AUDITBOARD'S TOTAL AGGREGATE DRATA’S LIABILITY ARISING OUT OF OR RELATING WITH RESPECT TO A THE FREE TRIAL IS US$5,000SERVICES SHALL NOT EXCEED $1,000.00. WITHOUT LIMITING THE FOREGOING, DRATA AND ITS AFFILIATES AND ITS LICENSORS DO NOT REPRESENT OR WARRANT TO CUSTOMER THAT: (i) CUSTOMER’S USE OF THE FREE TRIAL SERVICES WILL MEET CUSTOMER’S REQUIREMENTS; (ii) CUSTOMER’S USE OF THE FREE TRIAL SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR; AND (iii) USAGE DATA RELATED TO FREE TRIAL SERVICES WILL BE ACCURATE. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN SECTION 9 (THE “LIMITATION OF LIABILITY)” SECTION BELOW, CUSTOMER SHALL NOT BE FULLY LIABLE UNDER THIS AGREEMENT TO DRATA AND ITS AFFILIATES FOR ANY DAMAGES ARISING OUT OF CUSTOMER’S USE OF THE FREE TRIAL IN A MANNER THAT VIOLATES APPLICABLE LAWS AND WILL BE FULLY LIABLE FOR ANY DAMAGES CAUSED BY ITS USE OF A FREE TRIAL. ANY DATA AND CONFIGURATION ENTERED INTO CUSTOMER’S FREE TRIAL ACCOUNT MAY BE PERMANENTLY LOST UPON TERMINATION OF THE FREE TRIALSERVICES.
Appears in 1 contract
Samples: assets.applytosupply.digitalmarketplace.service.gov.uk
Free Trials. If Customer uses registers for a Free Trialfree trial, then Corelight will make the applicable provisions of this Agreement will Govern that Free Trial, and AuditBoard will make such Free Trial Offering(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 Trialthe applicable Offering(s), or (b) the start date of any Service subscription purchased Purchased Offering ordered by Customer for such ServiceOffering(s), or (c) termination of the Free Trial by Audit Board Corelight in its sole discretion. A Additional trial terms and conditions may apply and will appear on the trial registration web page or at xxxxx://xxx.xxxxxxxxx.xxx/legal/agreements. Any such additional terms and conditions are incorporated into this Agreement by reference and are legally binding. Customer’s use of free trial period may Offerings shall be extended upon mutual agreement governed by AuditBoard and Customer. Notwithstanding anything to the contrary in this Agreement, a Free Trial is provided as modified by this subsection. ANY DATA CUSTOMER ENTERS INTO THE OFFERINGS, AND ANY CUSTOMIZATIONS MADE TO THE OFFERINGS BY OR FOR CUSTOMER, DURING CUSTOMER’S FREE TRIAL WILL BE PERMANENTLY LOST UNLESS CUSTOMER EXPORTS SUCH DATA, BEFORE THE END OF THE TRIAL PERIOD. NOTWITHSTANDING THE “AS REPRESENTATIONS, WARRANTIES, AND DISCLAIMERS” SECTION AND “INDEMNIFICATION BY CORELIGHT” SECTION BELOW, DURING THE FREE TRIAL OFFERINGS ARE PROVIDED “AS-IS.” AUDITBOARD MAKES NO REPRESENTATION OR WITHOUT ANY WARRANTY AND CORELIGHT SHALL HAVE NO INDEMNIFICATION OBLIGATIONS WITH RESPECT TO A FREE TRIAL. AUDITBOARD SHALL HAVE NO NOR LIABILITY OF ANY TYPE WITH RESPECT TO A THE OFFERINGS FOR THE FREE TRIAL, TRIAL PERIOD UNLESS SUCH EXCLUSION OF LIABILITY IS NOT ENFORCEABLE UNDER APPLICABLE LAW IN WHICH CASE AUDITBOARD'S TOTAL AGGREGATE CORELIGHT’S LIABILITY ARISING OUT OF OR RELATING TO A FREE TRIAL IS US$5,000. NOTWITHSTANDING ANYTHING WITH RESPECT TO THE CONTRARY IN SECTION 9 (LIMITATION OF LIABILITY), CUSTOMER SHALL NOT USE OFFERINGS PROVIDED DURING THE FREE TRIAL IN A MANNER THAT VIOLATES APPLICABLE LAWS SHALL NOT EXCEED $1,000.00. WITHOUT LIMITING THE FOREGOING, CORELIGHT AND ITS AFFILIATES AND ITS LICENSORS DO NOT REPRESENT OR WARRANT TO CUSTOMER THAT: (A) CUSTOMER’S USE OF THE OFFERINGS DURING THE FREE TRIAL PERIOD WILL MEET CUSTOMER’S REQUIREMENTS, (B) CUSTOMER’S USE OF THE OFFERINGS DURING THE FREE TRIAL PERIOD WILL BE FULLY LIABLE FOR ANY DAMAGES CAUSED BY ITS USE OF A UNINTERRUPTED, TIMELY, SECURE OR FREE TRIAL. ANY DATA AND CONFIGURATION ENTERED INTO CUSTOMER’S FREE TRIAL ACCOUNT MAY BE PERMANENTLY LOST UPON TERMINATION OF THE FREE TRIAL.FROM ERROR, AND
Appears in 1 contract
Samples: Master Customer Agreement
Free Trials. If Customer uses a Free TrialTrial Service, then the applicable provisions of this Agreement will Govern that Free Trial, and AuditBoard Supplier 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 TrialTrial Service, (b) the start date of any Service subscription purchased by Customer for such Service, or (c) termination of the Free Trial Service by Audit Board Supplier in its sole discretion. A free trial period may be extended upon mutual agreement by AuditBoard Supplier and Customer. Notwithstanding anything to the contrary in this Agreement, a Free Trial Service is provided “AS IS.” AUDITBOARD SUPPLIER MAKES NO REPRESENTATION OR WARRANTY AND SHALL HAVE NO INDEMNIFICATION OBLIGATIONS WITH RESPECT TO A FREE TRIALTRIAL SERVICE. AUDITBOARD SUPPLIER SHALL HAVE NO LIABILITY OF ANY TYPE WITH RESPECT TO A FREE TRIALTRIAL SERVICE, UNLESS SUCH EXCLUSION OF LIABILITY IS NOT ENFORCEABLE UNDER APPLICABLE LAW IN WHICH CASE AUDITBOARD'S SUPPLIER’S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO A FREE TRIAL SERVICE IS US$5,0001,000. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN SECTION 9 13 (“LIMITATION OF LIABILITY”), CUSTOMER SHALL NOT USE THE FREE TRIAL SERVICE IN A MANNER THAT VIOLATES APPLICABLE LAWS AND WILL BE FULLY LIABLE FOR ANY DAMAGES CAUSED BY ITS USE OF A FREE TRIALTRIAL SERVICE. ANY DATA AND CONFIGURATION CONFIGURATIONS ENTERED INTO CUSTOMER’S FREE TRIAL SERVICE ACCOUNT MAY BE PERMANENTLY LOST UPON TERMINATION OF THE FREE TRIALTRIAL SERVICE.
Appears in 1 contract
Samples: Service Level Agreement
Free Trials. If Customer uses registers for a Free Trialfree trial, then Corelight will make the applicable provisions of this Agreement will Govern that Free Trial, and AuditBoard will make such Free Trial Offering(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 Trialthe applicable Offering(s), or (b) the start date of any Service subscription purchased Purchased Offering ordered by Customer for such ServiceOffering(s), or (c) termination of the Free Trial by Audit Board Corelight in its sole discretion. A Additional trial terms and conditions may apply and will appear on the trial registration web page or at xxxxx://xxx.xxxxxxxxx.xxx/legal/agreements. Any such additional terms and conditions are incorporated into this Agreement by reference and are legally binding. Customer’s use of free trial period may Offerings shall be extended upon mutual agreement governed by AuditBoard and Customer. Notwithstanding anything to the contrary in this Agreement, a Free Trial is provided as modified by this subsection. ANY DATA CUSTOMER ENTERS INTO THE OFFERINGS, AND ANY CUSTOMIZATIONS MADE TO THE OFFERINGS BY OR FOR CUSTOMER, DURING CUSTOMER’S FREE TRIAL WILL BE PERMANENTLY LOST UNLESS CUSTOMER EXPORTS SUCH DATA, BEFORE THE END OF THE TRIAL PERIOD. NOTWITHSTANDING THE “AS REPRESENTATIONS, WARRANTIES, AND DISCLAIMERS” SECTION AND “INDEMNIFICATION BY CORELIGHT” SECTION BELOW, DURING THE FREE TRIAL THE OFFERINGS ARE PROVIDED “AS-IS.” AUDITBOARD MAKES NO REPRESENTATION OR WITHOUT ANY WARRANTY AND CORELIGHT SHALL HAVE NO INDEMNIFICATION OBLIGATIONS WITH RESPECT TO A FREE TRIAL. AUDITBOARD SHALL HAVE NO NOR LIABILITY OF ANY TYPE WITH RESPECT TO A THE OFFERINGS FOR THE FREE TRIAL, TRIAL PERIOD UNLESS SUCH EXCLUSION OF LIABILITY IS NOT ENFORCEABLE UNDER APPLICABLE LAW IN WHICH CASE AUDITBOARD'S TOTAL AGGREGATE CORELIGHT’S LIABILITY ARISING OUT OF OR RELATING WITH RESPECT TO A THE OFFERINGS PROVIDED DURING THE FREE TRIAL IS US$5,000SHALL NOT EXCEED $1,000.00. WITHOUT LIMITING THE FOREGOING, CORELIGHT AND ITS AFFILIATES AND ITS LICENSORS DO NOT REPRESENT OR WARRANT TO CUSTOMER THAT: (A) CUSTOMER’S USE OF THE OFFERINGS DURING THE FREE TRIAL PERIOD WILL MEET CUSTOMER’S REQUIREMENTS, (B) CUSTOMER’S USE OF THE OFFERINGS 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 9 (THE “LIMITATION OF LIABILITY)” SECTION BELOW, CUSTOMER SHALL NOT BE FULLY LIABLE UNDER THIS AGREEMENT TO CORELIGHT AND ITS AFFILIATES FOR ANY DAMAGES ARISING OUT OF CUSTOMER’S USE OF THE OFFERINGS DURING THE FREE TRIAL IN A MANNER THAT VIOLATES APPLICABLE LAWS PERIOD, ANY BREACH BY CUSTOMER OF THIS AGREEMENT AND WILL BE FULLY LIABLE FOR ANY DAMAGES CAUSED BY ITS USE OF A FREE TRIAL. ANY DATA AND CONFIGURATION ENTERED INTO CUSTOMER’S FREE INDEMNIFICATION OBLIGATIONS HEREUNDER. CUSTOMER SHALL REVIEW THE APPLICABLE OFFERING’S DOCUMENTATION DURING THE TRIAL ACCOUNT MAY BE PERMANENTLY LOST UPON TERMINATION PERIOD TO BECOME FAMILIAR WITH THE FEATURES AND FUNCTIONS OF THE FREE TRIALOFFERING BEFORE MAKING A PURCHASE.
Appears in 1 contract
Samples: Master Customer Agreement
Free Trials. If Customer uses a Free Trial, then the applicable provisions of this Agreement will Govern that Free Trial, and AuditBoard Strata will make such Free Trial available to Customer on a trial basis, free of charge, until the earlier of of: (a) the end of the trial period for Customer’s Free Trial period, which by default is 30 days from a Customer agreed to use such Free Trial, activating a Strata account; or (b) the start date of any Service subscription purchased by Customer for such Service, or (c) termination of the Free Trial by Audit Board Strata in its sole discretion. A free trial period may be extended upon mutual agreement by AuditBoard and Customer. Notwithstanding anything Strata reserves the right to the contrary in this Agreement, suspend or delete a Customer account (including data uploaded to such account) when a Free Trial is provided expires and Customer does not activate paid-for Strata Services. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS AGREEMENT, A FREE TRIAL IS PROVIDED “AS IS.” AUDITBOARD STRATA MAKES NO REPRESENTATION OR WARRANTY AND SHALL HAVE NO INDEMNIFICATION OBLIGATIONS WITH RESPECT TO A FREE TRIAL. AUDITBOARD EXCEPT WHERE NOT ENFORCEABLE UNDER APPLICABLE LAW, STRATA SHALL HAVE NO LIABILITY OF ANY TYPE WITH RESPECT TO A FREE TRIAL, UNLESS SUCH EXCLUSION OF LIABILITY IS NOT ENFORCEABLE UNDER APPLICABLE LAW IN WHICH CASE AUDITBOARD'S STRATA’S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO A FREE TRIAL IS US$5,000$100. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN SECTION 9 (LIMITATION OF LIABILITY), CUSTOMER SHALL NOT USE THE FREE TRIAL IN A MANNER THAT VIOLATES APPLICABLE LAWS AND WILL BE FULLY LIABLE FOR ANY DAMAGES CAUSED BY ITS USE OF A FREE TRIAL. ANY DATA AND CONFIGURATION ENTERED INTO CUSTOMER’S FREE TRIAL ACCOUNT MAY BE PERMANENTLY LOST UPON TERMINATION OF THE FREE TRIAL.
Appears in 1 contract
Samples: Strata Terms of Service
Free Trials. If Customer uses receives access to the Covalent Cloud Services on a free, beta or trial basis (“Free Trial”), then its use of the applicable provisions of this Agreement will Govern that Services in connection with the Free Trial, and AuditBoard will make such Free Trial available to Customer on a trial basis, free Customer’s use of charge, until the earlier of (a) the end of the trial period for which Customer agreed to use any Covalent Cloud Services including any content created in connection with such Free Trial, (b) is permitted only for Customer’s internal evaluation during the start date period designated by Agnostiq. Customer will comply with all terms related to any Free Trial as posted on Agnostiq’s website, or otherwise made available to Customer. Agnostiq may add or modify terms, including lowering or raising any usage limits, related to access to or use of any Service subscription purchased Free Trial at any time. Support Services or service levels do not apply to Free Trial unless otherwise agreed to by Agnostiq in writing. Agnostiq may suspend or terminate Customer’s access to or use of any Free Trial at any time. Customer agrees that Agnostiq will not be liable to Customer or any third party for such Servicetermination. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS AGREEMENT, or AFTER SUSPENSION OR TERMINATION OF CUSTOMER’S ACCESS TO OR USE OF ANY FREE TRIAL FOR ANY REASON: (cA) termination of the Free Trial by Audit Board in its sole discretionCUSTOMER WILL NOT HAVE ANY FURTHER RIGHT TO ACCESS OR USE THE APPLICABLE FREE TRIAL; AND (B) CUSTOMER INPUT USED IN THE APPLICABLE FREE TRAIL MAY BE DELETED OR INACCESSIBLE. A free trial period may be extended upon mutual agreement by AuditBoard and Customer. Notwithstanding anything to the contrary in this AgreementNOTWITHSTANDING THE “WARRANTIES; DISCLAIMERS; INDEMNITY” SECTION AND “AGNOSTIQ INDEMNITIES” SECTION BELOW, a Free Trial is provided THE FREE TRIAL IS PROVIDED “AS AS-IS.” AUDITBOARD MAKES NO REPRESENTATION OR WITHOUT ANY WARRANTY AND SHALL AGNOSTIQ WILL HAVE NO INDEMNIFICATION OBLIGATIONS WITH RESPECT TO A FREE TRIAL. AUDITBOARD SHALL HAVE NO NOR LIABILITY OF ANY TYPE WITH RESPECT TO A THE FREE TRIAL, TRIAL UNLESS SUCH EXCLUSION OF LIABILITY IS NOT ENFORCEABLE UNDER APPLICABLE LAW IN WHICH CASE AUDITBOARD'S TOTAL AGGREGATE AGNOSTIQ’S LIABILITY ARISING OUT OF OR RELATING WITH RESPECT TO A THE FREE TRIAL IS US$5,000WILL NOT EXCEED $100.00. WITHOUT LIMITING THE FOREGOING, AGNOSTIQ AND ITS AFFILIATES AND ITS LICENSORS DO NOT REPRESENT OR WARRANT TO CUSTOMER THAT: (I) CUSTOMER’S USE OF THE FREE TRIAL WILL MEET CUSTOMER’S REQUIREMENTS; (II) CUSTOMER’S USE OF THE FREE TRIAL WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR; AND (III) DATA OR ANY COVALENT MATERIALS PROVIDED THROUGH THE FREE TRIAL WILL BE ACCURATE. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN SECTION 9 (THE “LIMITATION OF LIABILITY)” SECTION BELOW, CUSTOMER SHALL NOT USE THE FREE TRIAL IN A MANNER THAT VIOLATES APPLICABLE LAWS AND WILL BE FULLY LIABLE UNDER THIS AGREEMENT TO AGNOSTIQ AND ITS AFFILIATES FOR ANY DAMAGES CAUSED BY ITS USE ARISING OUT OF A FREE TRIAL. ANY DATA AND CONFIGURATION ENTERED INTO CUSTOMER’S FREE TRIAL ACCOUNT MAY BE PERMANENTLY LOST UPON TERMINATION USE OF THE FREE TRIAL, ANY BREACH BY CUSTOMER OF THIS AGREEMENT AND ANY OF CUSTOMER’S INDEMNIFICATION OBLIGATIONS HEREUNDER.
Appears in 1 contract
Samples: www.covalent.xyz
Free Trials. If Customer uses a Free TrialTrial Service, then the applicable provisions of this Agreement will Govern that Free Trial, and AuditBoard Okta 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 TrialTrial Service, (b) the start date of any Service subscription purchased by Customer for such Service, or (c) termination of the Free Trial Service by Audit Board Okta in its sole discretion. A free trial period may be extended upon mutual agreement by AuditBoard Okta and Customer. Notwithstanding anything to the contrary in this Agreement, a Free Trial Service is provided “AS IS.” AUDITBOARD OKTA MAKES NO REPRESENTATION OR WARRANTY AND SHALL HAVE NO INDEMNIFICATION OBLIGATIONS WITH RESPECT TO A FREE TRIALTRIAL SERVICE. AUDITBOARD OKTA SHALL HAVE NO LIABILITY OF ANY TYPE WITH RESPECT TO A FREE TRIALTRIAL SERVICE, UNLESS SUCH EXCLUSION OF LIABILITY IS NOT ENFORCEABLE ENFORCABLE UNDER APPLICABLE LAW IN WHICH CASE AUDITBOARD'S OKTA’S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO A FREE TRIAL SERVICE IS US$5,0001,000. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN SECTION 9 8 (“LIMITATION OF LIABILITY”), CUSTOMER SHALL NOT USE THE FREE TRIAL SERVICE IN A MANNER THAT VIOLATES APPLICABLE LAWS AND WILL BE FULLY LIABLE FOR ANY DAMAGES CAUSED BY ITS USE OF A FREE TRIALTRIAL SERVICE. ANY DATA AND CONFIGURATION CONFIGURATIONS ENTERED INTO CUSTOMER’S FREE TRIAL SERVICE ACCOUNT MAY BE PERMANENTLY LOST UPON TERMINATION OF THE FREE TRIALTRIAL SERVICE.
Appears in 1 contract
Samples: Master Subscription Agreement