Common use of Software Evaluation Licenses Clause in Contracts

Software Evaluation Licenses. If Hitachi grants You the right to evaluate Software: (a) Your authorized use of the Software under evaluation is limited solely to: (i) evaluating the performance and functionality of the Software either on a stand-alone basis or on the relevant equipment with which it is provided in a non-production environment; and (ii) evaluating the product’s performance 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 applicable product loan period; (ii) the termination of the product loan arrangement; 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 ends, unless Hitachi grants to You a further license to the Software. (d) Notwithstanding any other provision in the Agreement 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 previously been 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 Licenses. If Hitachi grants You the right to evaluate Software: (a) Your authorized use of the Software under evaluation is limited solely to: (i) evaluating the performance and functionality of the Software either on a stand-alone basis or on the relevant equipment with which it is provided in a non-production environment; and (ii) evaluating the product’s performance 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 applicable product loan period; (ii) the termination of the product loan arrangement; 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 ends, unless Hitachi grants to You a further license to the Software. (d) Notwithstanding any other provision in the Agreement Agreement: (i) You accept the loaned Software and to any services performed on the extent permitted by applicable law loaned Software on an “as-is” basis, without warranty or representation of any kind, including express, implied, or statutoriy, including, without limitation, warranties of quality, non-infringement, interoperatbility, performance, merchantability or fitness for a particular purpose; and (ii) except for (aa) death and personal injury caused directly by HitachiXxxxxxx’s act or omission, (bb) damages caused by Hitachi intentionally or with gross negligence, (cc) damages caused due to a breach of a guarantee (“Garantie”) of characteristics or durability in terms of the sections 442, 443, 639 German Civil Code (“Bürgerliches Gesetzbuch”, “BGB”) given by Hitachi (if any), or (dd) the non-excludable statutory rights of consumers under the German Product Liability Act (“Produkthaftungsgesetz”), Hitachi will not be liable for any actual or anticipated, direct, indirect, special, incidental, or 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 contract or law, statute or otherwise, including breach of contract, breach of warranty or in tort (including negligence), anticipatory breach or repudiation, even if Hitachi has previously been 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 EXPRESSThis Section 3 prevails to the extent of any inconsistency with other terms of the Agreement, IMPLIED, OR STATUTORY, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF QUALITY, NON-INFRINGEMENT, INTEROPERABILITY, PERFORMANCE, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSEin respect of loaned Software and services provided under tusch loans.

Software Evaluation Licenses. If Hitachi grants You the right to evaluate Software: (a) Your authorized use of the Software under evaluation is limited solely to: (i) evaluating the performance and functionality of the Software either on a stand-alone basis or on the relevant equipment with which it is provided in a non-production environment; and (ii) evaluating the product’s performance 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 applicable product loan period; (ii) the termination of the product loan arrangement; 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 ends, unless Hitachi grants to You a further license to the Software. (d) Notwithstanding any other provision in the Agreement 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 previously been 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 Licenses. If Hitachi grants You the right to evaluate Software: (a) Your authorized use of the Software under evaluation is limited solely to: (i) evaluating the performance and functionality of the Software either on a stand-alone basis or on the relevant equipment with which it is provided in a non-production environment; and (ii) evaluating the product’s performance 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 applicable product loan period; (ii) the termination of the product loan arrangement; 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 ends, unless Hitachi grants to You a further license to the Software. (d) Notwithstanding any other provision in the Agreement 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 previously been 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.