Common use of Software Evaluation License Clause in Contracts

Software Evaluation License. If Hitachi grants You the right to evaluate Software: (a) Your authorized use of the Software under evaluation is limited solely to evaluating the performance and functionality of the Software in a non-production environment for Your internal business purposes. (b) Your license to evaluate the Software will end upon the earlier of: (i) the expiry of the appliable evaluation period (ii) the termination of the evaluation; or (iii) the expiry of the applicable license key. (c) Any output of the Software that is created or otherwise arises pursuant to Your evaluation is deemed confidential and proprietary information of Hitachi. You must not duplicate such output, nor use it after the evaluation period end, unless Hitachi grants to You a further license to the Software. (d) Notwithstanding any other provision in these License Terms and to the extent permitted by applicable law and except for death and personal injury caused directly by Hitachi’s act or omission, Hitachi will not be liable for any actual or anticipated, direct, indirect, special, incidental, consequential or other damages arising from the use of the Software and any services performed on the Software for such purposes, however caused, whether under contract, in equity, common law, statute or otherwise, including breach of contract, breach of warranty or in tort (including negligence), anticipatory breach or repudiation, even if Hitachi has been previously advised of the possibility of such damages. THE SOFTWARE IS PROVIDED FOR EVALUATION PURPOSES AND THE SOFTWARE AND ANY SERVICES PERFORMED ON OR USING THE SOFTWARE FOR SUCH PURPOSES ARE PROVIDED “AS IS” WITHOUT ANY WARRANTIES OR REPRESENTATIONS EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF QUALITY, NON- INFRINGEMENT, INTEROPERABILITY, PERFORMANCE, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

Software Evaluation License. If Hitachi grants You the right to evaluate Software: (a) Your authorized use of the Software under evaluation is limited solely to evaluating the performance and functionality of the Software in a non-production environment for Your internal business purposes. (b) Your license to evaluate the Software will end upon the earlier of: (i) the expiry of the appliable evaluation period (ii) the termination of the evaluation; or (iii) the expiry of the applicable license key. (c) Any output of the Software that is created or otherwise arises pursuant to Your evaluation is deemed confidential and proprietary information of Hitachi. You must not duplicate such output, nor use it after the evaluation period end, unless Hitachi grants to You a further license to the Software. (d) Notwithstanding any other provision in these License Terms and to the extent permitted by applicable law and except for death and personal injury caused directly by HitachiXxxxxxx’s act or omission, Hitachi will not be liable for any actual or anticipated, direct, indirect, special, incidental, consequential or other damages arising from the use of the Software and any services performed on the Software for such purposes, however caused, whether under contract, in equity, common law, statute or otherwise, including breach of contract, breach of warranty or in tort (including negligence), anticipatory breach or repudiation, even if Hitachi has been previously advised of the possibility of such damages. THE SOFTWARE IS PROVIDED FOR EVALUATION PURPOSES AND THE SOFTWARE AND ANY SERVICES PERFORMED ON OR USING THE SOFTWARE FOR SUCH PURPOSES ARE PROVIDED “AS IS” WITHOUT ANY WARRANTIES OR REPRESENTATIONS EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF QUALITY, NON- INFRINGEMENT, INTEROPERABILITY, PERFORMANCE, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.