Common use of Trial License Clause in Contracts

Trial License. (a) If Customer is evaluating Evaluation Software (as defined below), then only the terms and conditions of this Section 16 (including those Sections of this Agreement incorporated in this Section 16 by reference) will govern Customer’s temporary use of such Evaluation Software (and no other terms of this Agreement shall apply to Customer or govern Customer’s use of Evaluation Software) and upon purchase of a commercial license or commercial subscription for such Evaluation Software, this entire Agreement, exclusive of this Section 16, shall apply to Customer and govern all use of the SaaS Service and the Licensed Material. (b) Testmo is the owner and provider of certain proprietary software and documentation that Customer may request to use, from time to time, on a temporary basis for the sole purpose of testing and evaluating such software prior to purchasing a commercial subscription for such software (“Evaluation Software”). All access and usage of Evaluation Software by Customer requires a temporary User generated username and password (“Trial Registration”) and Customer is only permitted to use Evaluation Software during the term identified on Testmo’s website (the “Trial Term”). (c) Evaluation Software is provided to Customer solely for evaluation purposes for Customer’s own testing and evaluation purposes (an “Evaluation”) and upon Trial Registration Testmo hereby grants Customer a non-transferable, nonexclusive, limited license to access and use the Evaluation Software for such Evaluation during the period commencing on the date Customer first accesses the Evaluation Software and ending on the expiration of the Trial Term (including any extensions thereof authorized by Testmo, the “Evaluation Period”). Evaluation Software may be used by Customer solely for Customer’s internal evaluation purposes and may not be used for any commercial purpose or any purpose for which Customer charges any third party a fee. Customer agrees not to cause or permit the reverse engineering, disassembly, modification, translation or decompilation of any Evaluation Software. Customer shall not copy the Evaluation Software, or create or develop any derivative software based upon the Evaluation Software. (d) Customer acknowledges that all Evaluation Software incorporates confidential and proprietary information developed or acquired by or licensed to Testmo and that all results of testing of the Evaluation Software, whether performed by Customer or another third party, are confidential. In no event will Customer publish or disclose the results of any testing or performance specifications of the Evaluation Software without Testmo’s express prior written consent. Customer shall not remove or deface of any confidentiality or proprietary notice placed on the Evaluation Software. The placement of copyright notices on Evaluation Software shall not constitute publication or otherwise impair their confidential nature of such information. (e) ALL EVALUATION SOFTWARE PROVIDED BY TESTMO IS DELIVERED "AS IS, WHERE IS" AND TESTMO SPECIFICALLY DISCLAIMS ANY AND ALL WARRANTIES OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. TESTMO DOES NOT WARRANT THAT THE EVALUATION SOFTWARE WILL OPERATE WITHOUT INTERRUPTION OR BE ERROR FREE. UNDER NO CIRCUMSTANCES WILL TESTMO OR ITS AUTHORIZED REPRESENTATIVES BE LIABLE FOR ANY CON- SEQUENTIAL, INDIRECT, SPECIAL, PUNITIVE, EXEMPLARY OR INCIDENTAL DAMAGES, WHETHER FORESEEABLE OR UNFORESEEABLE OR WHETHER BASED ON CLAIMS BY CUSTOMER OR ANY THIRD PARTY, ARISING OUT OF OR RELATED TO CUSTOMER’S USE OF EVALUATION SOFTWARE. IN NO EVENT WILL THE AGGREGATE LIABILITY OF TESTMO OR ITS AUTHORIZED REPRESENTATIVES INCURRED IN ANY ACTION OR PROCEEDING RELATING TO CUSTOMER’S USE OF EVALUATION SOFTWARE EXCEED ONE HUNDRED DOLLARS. (f) The Evaluation and the evaluation license granted under this Section 16 shall automatically terminate immediately upon the earliest of (i) the expiration of the Evaluation Period, (ii) the date upon which Customer purchases a commercial license or commercial subscription for such Evaluation Software and (iii) the date upon which either party notifies the other party of its termination of the Evaluation. Upon expiration of the Evaluation Period or the Evaluation, Customer shall cease using and shall uninstall and destroy the Evaluation Software unless Customer has purchased a commercial license for such Evaluation Software on or prior to such expiration. (g) Sections 1, 5, 9, 11, 14, 15 and 17(a) through 17(g) of this Agreement shall be deemed incorporated by this reference in this Section 16 and the Evaluation license granted under this Section 16.

Trial License. (a) If Customer is evaluating Evaluation Software (as defined below), then only the terms and conditions of this Section 16 (including those Sections of this Agreement incorporated in this Section 16 by reference) will govern Customer’s temporary use of such Evaluation Software (and no other terms of this Agreement shall apply to Customer or govern Customer’s use of Evaluation Software) and upon purchase of a commercial license or commercial subscription for such Evaluation Software, this entire Agreement, exclusive of this Section 16, shall apply to Customer and govern all use of the SaaS Service and the Licensed Material. (b) Testmo Kiuwan is the owner and provider of certain proprietary software and documentation that Customer may request to use, from time to time, on a temporary basis for the sole purpose of testing and evaluating such software prior to purchasing a commercial subscription for such software (“Evaluation Software”). All access and usage of Evaluation Software by Customer requires a temporary User generated username and password (“Trial Registration”) and Customer is only permitted to use Evaluation Software during the term identified on TestmoKiuwan’s website (the “Trial Term”). (c) Evaluation Software is provided to Customer solely for evaluation purposes for Customer’s own testing and evaluation purposes (an “Evaluation”) and upon Trial Registration Testmo Kiuwan hereby grants Customer a non-transferable, nonexclusive, limited license to access and use the Evaluation Software for such Evaluation during the period commencing on the date Customer first accesses the Evaluation Software and ending on the expiration of the Trial Term (including any extensions thereof authorized by TestmoKiuwan, the “Evaluation Period”). Evaluation Software may be used by Customer solely for Customer’s internal evaluation purposes and may not be used for any commercial purpose or any purpose for which Customer charges any third party a fee. Customer agrees not to cause or permit the reverse engineering, disassembly, modification, translation or decompilation of any Evaluation Software. Customer shall not copy the Evaluation Software, or create or develop any derivative software based upon the Evaluation Software. (d) Customer acknowledges that all Evaluation Software incorporates confidential and proprietary information developed or acquired by or licensed to Testmo Kiuwan and that all results of testing of the Evaluation Software, whether performed by Customer or another third party, are confidential. In no event will Customer publish or disclose the results of any testing or performance specifications of the Evaluation Software without TestmoKiuwan’s express prior written consent. Customer shall not remove or deface of any confidentiality or proprietary notice placed on the Evaluation Software. The placement of copyright notices on Evaluation Software shall not constitute publication or otherwise impair their confidential nature of such information. (e) ALL EVALUATION SOFTWARE PROVIDED BY TESTMO KIUWAN IS DELIVERED "AS IS, WHERE IS" AND TESTMO KIUWAN SPECIFICALLY DISCLAIMS ANY AND ALL WARRANTIES OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. TESTMO KIUWAN DOES NOT WARRANT THAT THE EVALUATION SOFTWARE WILL OPERATE WITHOUT INTERRUPTION OR BE ERROR FREE. UNDER NO CIRCUMSTANCES WILL TESTMO KIUWAN OR ITS AUTHORIZED REPRESENTATIVES BE LIABLE FOR ANY CON- SEQUENTIAL, INDIRECT, SPECIAL, PUNITIVE, EXEMPLARY OR INCIDENTAL DAMAGES, WHETHER FORESEEABLE OR UNFORESEEABLE OR WHETHER BASED ON CLAIMS BY CUSTOMER OR ANY THIRD PARTY, ARISING OUT OF OR RELATED TO CUSTOMER’S USE OF EVALUATION SOFTWARE. IN NO EVENT WILL THE AGGREGATE LIABILITY OF TESTMO KIUWAN OR ITS AUTHORIZED REPRESENTATIVES INCURRED IN ANY ACTION OR PROCEEDING RELATING TO CUSTOMER’S USE OF EVALUATION SOFTWARE EXCEED ONE HUNDRED DOLLARS. (f) The Evaluation and the evaluation license granted under this Section 16 shall automatically terminate immediately upon the earliest of (i) the expiration of the Evaluation Period, (ii) the date upon which Customer purchases a commercial license or commercial subscription for such Evaluation Software and (iii) the date upon which either party notifies the other party of its termination of the Evaluation. Upon expiration of the Evaluation Period or the Evaluation, Customer shall cease using and shall uninstall and destroy the Evaluation Software unless Customer has purchased a commercial license for such Evaluation Software on or prior to such expiration. (g) Sections 1, 5, 9, 11, 14, 15 and 17(a) through 17(g) of this Agreement shall be deemed incorporated by this reference in this Section 16 and the Evaluation license granted under this Section 16.

Trial License. (a) If Customer is evaluating Evaluation Software (as defined below), then only the terms and conditions of this Section 16 (including those Sections of this Agreement incorporated in this Section 16 by reference) will govern Customer’s temporary use of such Evaluation Software (and no other terms of this Agreement shall apply to Customer or govern Customer’s use of Evaluation Software) and upon purchase of a commercial license or commercial subscription for such Evaluation Software, this entire Agreement, exclusive of this Section 16, shall apply to Customer and govern all use of the SaaS Service and the Licensed Material. (b) Testmo Idera is the owner and provider of certain proprietary software and documentation that Customer may request to use, from time to time, on a temporary basis for the sole purpose of testing and evaluating such software prior to purchasing a commercial subscription license for such software (“Evaluation Software”). All access installation and usage of Evaluation Software by Customer requires a temporary User generated username and password (“Trial Registration”) License Key or trial License Key to be issued by Idera and Customer is only permitted to use Evaluation Software during the term identified on Testmo’s website (of the “Trial Term”)temporary License Key or trial License Key issued by Idera. (c) Evaluation Software is provided to Customer solely for evaluation purposes for Customer’s own testing and evaluation purposes (an “Evaluation”) and upon Trial Registration Testmo delivering a temporary License Key or trial License Key to Customer, Idera hereby grants Customer a non-transferable, nonexclusive, limited license to access operate and use the Evaluation Software for such Evaluation during the period commencing on the date Customer first accesses downloads the Evaluation Software and ending on the expiration of the Trial Term temporary License Key or trial License Key (including any extensions thereof authorized by TestmoIdera, the “Evaluation Period”). Evaluation Software may be used by Customer solely for Customer’s internal evaluation purposes and may not be used for any commercial purpose or any purpose for which Customer charges any third party a fee. Customer agrees not to cause or permit the reverse engineering, disassembly, modification, translation or decompilation of any Evaluation Software. Customer shall not copy the Evaluation Software, or create or develop any derivative software based upon the Evaluation Software. (d) Customer acknowledges that all Evaluation Software incorporates incor-porates confidential and proprietary information developed or acquired by or licensed to Testmo Idera and that all results of testing of the Evaluation Software, whether performed by Customer or another third party, are confidential. In no event will Customer publish or disclose the results of any testing or performance specifications of the Evaluation Software without TestmoIdera’s express prior written consent. Customer shall not remove or deface of any confidentiality or proprietary notice placed on the Evaluation Software. The placement of copyright notices on Evaluation Software shall not constitute publication or otherwise impair their confidential nature of such information. (e) ALL EVALUATION SOFTWARE PROVIDED BY TESTMO IDERA IS DELIVERED "AS IS, WHERE IS" AND TESTMO IDERA SPECIFICALLY DISCLAIMS ANY AND ALL WARRANTIES OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. TESTMO IDERA DOES NOT WARRANT THAT THE EVALUATION SOFTWARE WILL OPERATE WITHOUT INTERRUPTION OR BE ERROR FREE. UNDER NO CIRCUMSTANCES WILL TESTMO IDERA OR ITS AUTHORIZED REPRESENTATIVES BE LIABLE FOR ANY CON- SEQUENTIAL, INDIRECT, SPECIAL, PUNITIVE, EXEMPLARY OR INCIDENTAL DAMAGES, WHETHER FORESEEABLE OR UNFORESEEABLE OR WHETHER BASED ON CLAIMS BY CUSTOMER OR ANY THIRD PARTY, ARISING OUT OF OR RELATED TO CUSTOMER’S USE OF EVALUATION SOFTWARE. IN NO EVENT WILL THE AGGREGATE LIABILITY OF TESTMO IDERA OR ITS AUTHORIZED REPRESENTATIVES INCURRED IN ANY ACTION OR PROCEEDING RELATING TO CUSTOMER’S USE OF EVALUATION SOFTWARE EXCEED ONE HUNDRED DOLLARS. (f) The Evaluation and the evaluation license granted under this Section 16 shall automatically terminate immediately upon the earliest of (i) the expiration of the Evaluation Period, (ii) the date upon which Customer purchases a commercial license or commercial subscription for such Evaluation Software and (iii) the date upon which either party notifies the other party of its termination of the Evaluation. Upon expiration of the Evaluation Period or the Evaluation, Customer shall cease using and shall uninstall and destroy the Evaluation Software unless Customer has purchased a commercial license for such Evaluation Software on or prior to such expiration. (g) Sections 1, 5, 9, 11, 14, 15 and 17(a) through 17(g) of this Agreement shall be deemed incorporated by this reference in this Section 16 and the Evaluation license granted under this Section 16.and

Trial License. (a) If Customer is evaluating Evaluation Software (as defined below), then only the terms and conditions of this Section 16 (including those Sections of this Agreement incorporated in this Section 16 by reference) will govern Customer’s temporary use of such Evaluation Software (and no other terms of this Agreement shall apply to Customer or govern Customer’s use of Evaluation Software) and upon purchase of a commercial license or commercial subscription for such Evaluation Software, this entire Agreement, exclusive of this Section 16, shall apply to Customer and govern all use of the SaaS Service and the Licensed Material. (b) Testmo Assembla is the owner and provider of certain proprietary software and documentation that Customer may request to use, from time to time, on a temporary basis for the sole purpose of testing and evaluating such software prior to purchasing a commercial subscription license for such software (“Evaluation Software”). All access and usage of Evaluation Software by Customer requires a temporary User generated username and password (“Trial Registration”) and Customer is only permitted to use Evaluation Software during the term identified on TestmoAssembla’s website (the “Trial Term”). (c) Evaluation Software is provided to Customer solely for evaluation purposes for Customer’s own testing and evaluation purposes (an “Evaluation”) and upon Trial Registration Testmo Assembla hereby grants Customer a non-transferable, nonexclusive, limited license to access and use the Evaluation Software for such Evaluation during the period commencing on the date Customer first accesses the Evaluation Software and ending on the expiration of the Trial Term (including any extensions thereof authorized by TestmoAssembla, the “Evaluation Period”). Evaluation Software may be used by Customer solely for Customer’s internal evaluation purposes and may not be used for any commercial purpose or any purpose for which Customer charges any third party a fee. Customer agrees not to cause or permit the reverse engineering, disassembly, modification, translation or decompilation of any Evaluation Software. Customer shall not copy the Evaluation Software, or create or develop any derivative software based upon the Evaluation Software. (d) Customer acknowledges that all Evaluation Software incorporates confidential and proprietary information developed or acquired by or licensed to Testmo Assembla and that all results of testing of the Evaluation Software, whether performed by Customer or another third party, are confidential. In no event will Customer publish or disclose the results of any testing or performance specifications of the Evaluation Software without TestmoAssembla’s express prior written consent. Customer shall not remove or deface of any confidentiality or proprietary notice placed on the Evaluation Software. The placement of copyright notices on Evaluation Software shall not constitute publication or otherwise impair their confidential nature of such information. (e) ALL EVALUATION SOFTWARE PROVIDED BY TESTMO ASSEMBLA IS DELIVERED "AS IS, WHERE IS" AND TESTMO ASSEMBLA SPECIFICALLY DISCLAIMS ANY AND ALL WARRANTIES OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. TESTMO ASSEMBLA DOES NOT WARRANT THAT THE EVALUATION SOFTWARE WILL OPERATE WITHOUT INTERRUPTION OR BE ERROR FREE. UNDER NO CIRCUMSTANCES WILL TESTMO ASSEMBLA OR ITS AUTHORIZED REPRESENTATIVES BE LIABLE FOR ANY CON- SEQUENTIAL, INDIRECT, SPECIAL, PUNITIVE, EXEMPLARY OR INCIDENTAL DAMAGES, WHETHER FORESEEABLE OR UNFORESEEABLE OR WHETHER BASED ON CLAIMS BY CUSTOMER OR ANY THIRD PARTY, ARISING OUT OF OR RELATED TO CUSTOMER’S USE OF EVALUATION SOFTWARE. IN NO EVENT WILL THE AGGREGATE LIABILITY OF TESTMO ASSEMBLA OR ITS AUTHORIZED REPRESENTATIVES INCURRED IN ANY ACTION OR PROCEEDING RELATING TO CUSTOMER’S USE OF EVALUATION SOFTWARE EXCEED ONE HUNDRED DOLLARS. (f) The Evaluation and the evaluation license granted under this Section 16 shall automatically terminate immediately upon the earliest of (i) the expiration of the Evaluation Period, (ii) the date upon which Customer purchases a commercial license or commercial subscription for such Evaluation Software and (iii) the date upon which either party notifies the other party of its termination of the Evaluation. Upon expiration of the Evaluation Period or the Evaluation, Customer shall cease using and shall uninstall and destroy the Evaluation Software unless Customer has purchased a commercial license for such Evaluation Software on or prior to such expiration. (g) Sections 1, 5, 9, 11, 14, 15 and 17(a) through 17(g) of this Agreement shall be deemed incorporated by this reference in this Section 16 and the Evaluation license granted under this Section 16.

Trial License. (a) If Customer is evaluating Evaluation Software (as defined below), then only the terms and conditions of this Section 16 (including those Sections of this Agreement incorporated in this Section 16 by reference) will govern Customer’s temporary use of such Evaluation Software (and no other terms of this Agreement shall apply to Customer or govern Customer’s use of Evaluation Software) and upon purchase of a commercial license or commercial subscription for such Evaluation Software, this entire Agreement, exclusive of this Section 16, shall apply to Customer and govern all use of the SaaS Service and the Licensed Material. (b) Testmo UltraEdit is the owner and provider of certain proprietary software and documentation that Customer may request to use, from time to time, on a temporary basis for the sole purpose of testing and evaluating such software prior to purchasing a commercial subscription license for such software (“Evaluation Software”). All access and usage of Evaluation Software by Customer requires a temporary User generated username and password (“Trial Registration”) and Customer is only permitted to use Evaluation Software during the term identified period commencing on Testmo’s website the date Customer downloads the Evaluation Software and ending on the expiration of the trial period set forth on the applicable Purchase Order (including any extensions thereof authorized by UltraEdit, the “Trial TermEvaluation Period”). (c) Evaluation Software is provided to Customer solely for evaluation purposes for Customer’s own testing and evaluation purposes (an “Evaluation”) and upon Trial Registration Testmo download of the Evaluation Software by Customer, UltraEdit hereby grants Customer a non-non- transferable, nonexclusive, limited license to access operate and use the Evaluation Software for such Evaluation during the period commencing on the date Customer first accesses the Evaluation Software and ending on the expiration of the Trial Term (including any extensions thereof authorized by Testmo, the “Evaluation Period”). Evaluation Software may be used by Customer solely for Customer’s internal evaluation purposes and may not be used for any commercial purpose or any purpose for which Customer charges any third party a fee. (Customer agrees not to cause or permit the reverse engineering, disassembly, modification, translation or decompilation of any Evaluation Software. Customer shall not copy the Evaluation Software, or create or develop any derivative software based upon the Evaluation Software. (d) Customer acknowledges that all Evaluation Software incorporates incor- porates confidential and proprietary information developed or acquired by or licensed to Testmo UltraEdit and that all results of testing of the Evaluation Software, whether performed by Customer or another third party, are confidential. In no event will Customer publish or disclose the results of any testing or performance specifications of the Evaluation Software without TestmoUltraEdit’s express prior written consent. Customer shall not remove or deface of any confidentiality or proprietary notice placed on the Evaluation Software. The placement of copyright notices on Evaluation Software shall not constitute publication or otherwise impair their confidential nature of such information. (e) ALL EVALUATION SOFTWARE PROVIDED BY TESTMO ULTRAEDIT IS DELIVERED "AS IS, WHERE IS" AND TESTMO ULTRAEDIT SPECIFICALLY DISCLAIMS ANY AND ALL WARRANTIES OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. TESTMO ULTRAEDIT DOES NOT WARRANT THAT THE EVALUATION SOFTWARE WILL OPERATE WITHOUT INTERRUPTION OR BE ERROR FREE. UNDER NO CIRCUMSTANCES WILL TESTMO ULTRAEDIT OR ITS AUTHORIZED REPRESENTATIVES BE LIABLE FOR ANY CON- SEQUENTIAL, INDIRECT, SPECIAL, PUNITIVE, EXEMPLARY OR INCIDENTAL DAMAGES, WHETHER FORESEEABLE OR UNFORESEEABLE OR WHETHER BASED ON CLAIMS BY CUSTOMER OR ANY THIRD PARTY, ARISING OUT OF OR RELATED TO CUSTOMER’S USE OF EVALUATION SOFTWARE. IN NO EVENT WILL THE AGGREGATE LIABILITY OF TESTMO ULTRAEDIT OR ITS AUTHORIZED REPRESENTATIVES INCURRED IN ANY ACTION OR PROCEEDING RELATING TO CUSTOMER’S USE OF EVALUATION SOFTWARE EXCEED ONE HUNDRED DOLLARS. (f) The Evaluation and the evaluation license granted under this Section 16 shall automatically terminate immediately upon the earliest of (i) the expiration of the Evaluation Period, (ii) the date upon which Customer purchases a commercial license or commercial subscription for such Evaluation Software and (iii) the date upon which either party notifies the other party of its termination of the Evaluation. Upon expiration of the Evaluation Period or the Evaluation, Customer shall cease using and shall uninstall and destroy the Evaluation Software unless Customer has purchased a commercial license for such Evaluation Software on or prior to such expiration. (g) Sections 1, 5, 98, 11, 14, 15 15, and 17(a) through 17(g) of this Agreement shall be deemed incorporated by this reference in this Section 16 and the Evaluation license granted under this Section 16.

Trial License. (a) If Customer is evaluating Evaluation Software (as defined below), then only the terms and conditions of this Section 16 (including those Sections of this Agreement incorporated in this Section 16 by reference) will govern Customer’s temporary use of such Evaluation Software (and no other terms of this Agreement shall apply to Customer or govern Customer’s use of Evaluation Software) and upon purchase of a commercial license or commercial subscription for such Evaluation Software, this entire Agreement, exclusive of this Section 16, shall apply to Customer and govern all use of the SaaS Service and the Licensed Material. (b) Testmo Idera is the owner and provider of certain proprietary software and documentation that Customer may request to use, from time to time, on a temporary basis for the sole purpose of testing and evaluating such software prior to purchasing a commercial subscription license for such software (“Evaluation Software”). All access installation and usage of Evaluation Software by Customer requires a temporary User generated username and password (“Trial Registration”) License Key or trial License Key to be issued by Idera and Customer is only permitted to use Evaluation Software during the term identified on Testmo’s website (of the “Trial Term”)temporary License Key or trial License Key issued by Idera. (c) Evaluation Software is provided to Customer solely for evaluation purposes for Customer’s own testing and evaluation purposes (an “Evaluation”) and upon Trial Registration Testmo delivering a temporary License Key or trial License Key to Customer, Idera hereby grants Customer a non-transferable, nonexclusive, limited license to access operate and use the Evaluation Software for such Evaluation during the period commencing on the date Customer first accesses downloads the Evaluation Software and ending on the expiration of the Trial Term temporary License Key or trial License Key (including any extensions thereof authorized by TestmoIdera, the “Evaluation Period”). Evaluation Software may be used by Customer solely for Customer’s internal evaluation purposes and may not be used for any commercial purpose or any purpose for which Customer charges any third party a fee. Customer agrees not to cause or permit the reverse engineering, disassembly, modification, translation or decompilation of any Evaluation Software. Customer shall not copy the Evaluation Software, or create or develop any derivative software based upon the Evaluation Software. (d) Customer acknowledges that all Evaluation Software incorporates incor- porates confidential and proprietary information developed or acquired by or licensed to Testmo Idera and that all results of testing of the Evaluation Software, whether performed by Customer or another third party, are confidential. In no event will Customer publish or disclose the results of any testing or performance specifications of the Evaluation Software without TestmoIdera’s express prior written consent. Customer shall not remove or deface of any confidentiality or proprietary notice placed on the Evaluation Software. The placement of copyright notices on Evaluation Software shall not constitute publication or otherwise impair their confidential nature of such information. (e) ALL EVALUATION SOFTWARE PROVIDED BY TESTMO IDERA IS DELIVERED "AS IS, WHERE IS" AND TESTMO IDERA SPECIFICALLY DISCLAIMS ANY AND ALL WARRANTIES OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. TESTMO IDERA DOES NOT WARRANT THAT THE EVALUATION SOFTWARE WILL OPERATE WITHOUT INTERRUPTION OR BE ERROR FREE. UNDER NO CIRCUMSTANCES WILL TESTMO IDERA OR ITS AUTHORIZED REPRESENTATIVES BE LIABLE FOR ANY CON- SEQUENTIAL, INDIRECT, SPECIAL, PUNITIVE, EXEMPLARY OR INCIDENTAL DAMAGES, WHETHER FORESEEABLE OR UNFORESEEABLE OR WHETHER BASED ON CLAIMS BY CUSTOMER OR ANY THIRD PARTY, ARISING OUT OF OR RELATED TO CUSTOMER’S USE OF EVALUATION SOFTWARE. IN NO EVENT WILL THE AGGREGATE LIABILITY OF TESTMO IDERA OR ITS AUTHORIZED REPRESENTATIVES INCURRED IN ANY ACTION OR PROCEEDING RELATING TO CUSTOMER’S USE OF EVALUATION SOFTWARE EXCEED ONE HUNDRED DOLLARS. (f) The Evaluation and the evaluation license granted under this Section 16 shall automatically terminate immediately upon the earliest of (i) the expiration of the Evaluation Period, (ii) the date upon which Customer purchases a commercial license or commercial subscription for such Evaluation Software and (iii) the date upon which either party notifies the other party of its termination of the Evaluation. Upon expiration of the Evaluation Period or the Evaluation, Customer shall cease using and shall uninstall and destroy the Evaluation Software unless Customer has purchased a commercial license for such Evaluation Software on or prior to such expiration. (g) Sections 1, 5, 98, 11, 14, 15 and 17(a) through 17(g) of this Agreement shall be deemed incorporated by this reference in this Section 16 and the Evaluation license granted under this Section 16.

Trial License. (a) If Customer is evaluating Evaluation Software (as defined below), then only the terms and conditions of this Section 16 (including those Sections of this Agreement incorporated in this Section 16 by reference) will govern Customer’s temporary use of such Evaluation Software (and no other terms of this Agreement shall apply to Customer or govern Customer’s use of Evaluation Software) and upon purchase of a commercial license or commercial subscription for such Evaluation Software, this entire Agreement, exclusive of this Section 16, shall apply to Customer and govern all use of the SaaS Service and the Licensed Material. (b) Testmo Idera is the owner and provider of certain proprietary software and documentation that Customer may request to use, from time to time, on a temporary basis for the sole purpose of testing and evaluating such software prior to purchasing a commercial subscription license for such software (“Evaluation Software”). All access installation and usage of Evaluation Software by Customer requires a temporary User generated username and password (“Trial Registration”) License Key or trial License Key to be issued by Idera and Customer is only permitted to use Evaluation Software during the term identified on Testmo’s website (of the “Trial Term”)temporary License Key or trial License Key issued by Idera. (c) Evaluation Software is provided to Customer solely for evaluation purposes for Customer’s own testing and evaluation purposes (an “Evaluation”) and upon Trial Registration Testmo delivering a temporary License Key or trial License Key to Customer, Idera hereby grants Customer a non-transferable, nonexclusive, limited license to access operate and use the Evaluation Software for such Evaluation during the period commencing on the date Customer first accesses downloads the Evaluation Software and ending on the expiration of the Trial Term temporary License Key or trial License Key (including any extensions thereof authorized by TestmoIdera, the “Evaluation Period”). Evaluation Software may be used by Customer solely for Customer’s internal evaluation purposes and may not be used for any commercial purpose or any purpose for which Customer charges any third party a fee. Customer agrees not to cause or permit the reverse engineering, disassembly, modification, translation or decompilation of any Evaluation Software. Customer shall not copy the Evaluation Software, or create or develop any derivative software based upon the Evaluation Software. (d) Customer acknowledges that all Evaluation Software incorporates confidential and proprietary information developed or acquired by or licensed to Testmo Idera and that all results of testing of the Evaluation Software, whether performed by Customer or another third party, are confidential. In no event will Customer publish or disclose the results of any testing or performance specifications of the Evaluation Software without TestmoIdera’s express prior written consent. Customer shall not remove or deface of any confidentiality or proprietary notice placed on the Evaluation Software. The placement of copyright notices on Evaluation Software shall not constitute publication or otherwise impair their confidential nature of such information. (e) ALL EVALUATION SOFTWARE PROVIDED BY TESTMO IDERA IS DELIVERED "AS IS, WHERE IS" AND TESTMO IDERA SPECIFICALLY DISCLAIMS ANY AND ALL WARRANTIES OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. TESTMO IDERA DOES NOT WARRANT THAT THE EVALUATION SOFTWARE WILL OPERATE WITHOUT INTERRUPTION OR BE ERROR FREE. UNDER NO CIRCUMSTANCES WILL TESTMO IDERA OR ITS AUTHORIZED REPRESENTATIVES BE LIABLE FOR ANY CON- SEQUENTIALCONSEQUENTIAL, INDIRECT, SPECIAL, PUNITIVE, EXEMPLARY OR INCIDENTAL DAMAGES, WHETHER FORESEEABLE OR UNFORESEEABLE OR WHETHER BASED ON CLAIMS BY CUSTOMER OR ANY THIRD PARTY, ARISING OUT OF OR RELATED TO CUSTOMER’S USE OF EVALUATION SOFTWARE. IN NO EVENT WILL THE AGGREGATE LIABILITY OF TESTMO IDERA OR ITS AUTHORIZED REPRESENTATIVES INCURRED IN ANY ACTION OR PROCEEDING RELATING TO CUSTOMER’S USE OF EVALUATION SOFTWARE EXCEED ONE HUNDRED DOLLARS. (f) The Evaluation and the evaluation license granted under this Section 16 shall automatically terminate immediately upon the earliest of (i) the expiration of the Evaluation Period, (ii) the date upon which Customer purchases a commercial license or commercial subscription for such Evaluation Software and (iii) the date upon which either party notifies the other party of its termination of the Evaluation. Upon expiration of the Evaluation Period or the Evaluation, Customer shall cease using and shall uninstall and destroy the Evaluation Software unless Customer has purchased a commercial license for such Evaluation Software on or prior to such expiration. (g) Sections 1, 5, 98, 11, 14, 15 and 17(a) through 17(g) of this Agreement shall be deemed incorporated by this reference in this Section 16 and the Evaluation license granted under this Section 16.

Trial License. (a) If Customer is evaluating Evaluation Software (as defined below), then only the terms and conditions of this Section 16 (including those Sections of this Agreement incorporated in this Section 16 by reference) will govern Customer’s temporary use of such Evaluation Software (and no other terms of this Agreement shall apply to Customer or govern Customer’s use of Evaluation Software) and upon purchase of a commercial license or commercial subscription for such Evaluation Software, this entire Agreement, exclusive of this Section 16, shall apply to Customer and govern all use of the SaaS Service and the Licensed Material. (b) Testmo Kiuwan is the owner and provider of certain proprietary software and documentation that Customer may request to use, from time to time, on a temporary basis for the sole purpose of testing and evaluating such software prior to purchasing a commercial subscription license for such software (“Evaluation Software”). All access and usage of Evaluation Software by Customer requires a temporary User generated username and password (“Trial Registration”) and Customer is only permitted to use Evaluation Software during the term identified on TestmoKiuwan’s website (the “Trial Term”). (c) Evaluation Software is provided to Customer solely for evaluation purposes for Customer’s own testing and evaluation purposes (an “Evaluation”) and upon Trial Registration Testmo Kiuwan hereby grants Customer a non-transferable, nonexclusive, limited license to access and use the Evaluation Software for such Evaluation during the period commencing on the date Customer first accesses the Evaluation Software and ending on the expiration of the Trial Term (including any extensions thereof authorized by TestmoKiuwan, the “Evaluation Period”). Evaluation Software may be used by Customer solely for Customer’s internal evaluation purposes and may not be used for any commercial purpose or any purpose for which Customer charges any third party a fee. Customer agrees not to cause or permit the reverse engineering, disassembly, modification, translation or decompilation of any Evaluation Software. Customer shall not copy the Evaluation Software, or create or develop any derivative software based upon the Evaluation Software. (d) Customer acknowledges that all Evaluation Software incorporates confidential and proprietary information developed or acquired by or licensed to Testmo Kiuwan and that all results of testing of the Evaluation Software, whether performed by Customer or another third party, are confidential. In no event will Customer publish or disclose the results of any testing or performance specifications of the Evaluation Software without TestmoKiuwan’s express prior written consent. Customer shall not remove or deface of any confidentiality or proprietary notice placed on the Evaluation Software. The placement of copyright notices on Evaluation Software shall not constitute publication or otherwise impair their confidential nature of such information. (e) ALL EVALUATION SOFTWARE PROVIDED BY TESTMO KIUWAN IS DELIVERED "AS IS, WHERE IS" AND TESTMO KIUWAN SPECIFICALLY DISCLAIMS ANY AND ALL WARRANTIES OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. TESTMO KIUWAN DOES NOT WARRANT THAT THE EVALUATION SOFTWARE WILL OPERATE WITHOUT INTERRUPTION OR BE ERROR FREE. UNDER NO CIRCUMSTANCES WILL TESTMO KIUWAN OR ITS AUTHORIZED REPRESENTATIVES BE LIABLE FOR ANY CON- SEQUENTIAL, INDIRECT, SPECIAL, PUNITIVE, EXEMPLARY OR INCIDENTAL DAMAGES, WHETHER FORESEEABLE OR UNFORESEEABLE OR WHETHER BASED ON CLAIMS BY CUSTOMER OR ANY THIRD PARTY, ARISING OUT OF OR RELATED TO CUSTOMER’S USE OF EVALUATION SOFTWARE. IN NO EVENT WILL THE AGGREGATE LIABILITY OF TESTMO KIUWAN OR ITS AUTHORIZED REPRESENTATIVES INCURRED IN ANY ACTION OR PROCEEDING RELATING TO CUSTOMER’S USE OF EVALUATION SOFTWARE EXCEED ONE HUNDRED DOLLARS. (f) The Evaluation and the evaluation license granted under this Section 16 shall automatically terminate immediately upon the earliest of (i) the expiration of the Evaluation Period, (ii) the date upon which Customer purchases a commercial license or commercial subscription for such Evaluation Software and (iii) the date upon which either party notifies the other party of its termination of the Evaluation. Upon expiration of the Evaluation Period or the Evaluation, Customer shall cease using and shall uninstall and destroy the Evaluation Software unless Customer has purchased a commercial license for such Evaluation Software on or prior to such expiration. (g) Sections 1, 5, 9, 11, 14, 15 and 17(a) through 17(g) of this Agreement shall be deemed incorporated by this reference in this Section 16 and the Evaluation license granted under this Section 16.

Trial License. (a) If Customer is evaluating Evaluation Software (as defined below), then only the terms and conditions of this Section 16 (including those Sections of this Agreement incorporated in this Section 16 by reference) will govern Customer’s temporary use of such Evaluation Software (and no other terms of this Agreement shall apply to Customer or govern Customer’s use of Evaluation Software) and upon purchase of a commercial license or commercial subscription for such Evaluation Software, this entire Agreement, exclusive of this Section 16, shall apply to Customer and govern all use of the SaaS Service and the Licensed Material. (b) Testmo Gurock is the owner and provider of certain proprietary software and documentation that Customer may request to use, from time to time, on a temporary basis for the sole purpose of testing and evaluating such software prior to purchasing a commercial subscription license for such software (“Evaluation Software”). All access and usage of Evaluation Software by Customer requires a temporary User generated username and password (“Trial Registration”) and Customer is only permitted to use Evaluation Software during the term identified on TestmoGurock’s website (the “Trial Term”). (c) Evaluation Software is provided to Customer solely for evaluation purposes for Customer’s own testing and evaluation purposes (an “Evaluation”) and upon Trial Registration Testmo Gurock hereby grants Customer a non-transferable, nonexclusive, limited license to access and use the Evaluation Software for such Evaluation during the period commencing on the date Customer first accesses the Evaluation Software and ending on the expiration of the Trial Term (including any extensions thereof authorized by TestmoGurock, the “Evaluation Period”). Evaluation Software may be used by Customer solely for Customer’s internal evaluation purposes and may not be used for any commercial purpose or any purpose for which Customer charges any third party a fee. Customer agrees not to cause or permit the reverse engineering, disassembly, modification, translation or decompilation of any Evaluation Software. Customer shall not copy the Evaluation Software, or create or develop any derivative software based upon the Evaluation Software. (d) Customer acknowledges that all Evaluation Software incorporates confidential and proprietary information developed or acquired by or licensed to Testmo Gurock and that all results of testing of the Evaluation Software, whether performed by Customer or another third party, are confidential. In no event will Customer publish or disclose the results of any testing or performance specifications of the Evaluation Software without TestmoGurock’s express prior written consent. Customer shall not remove or deface of any confidentiality or proprietary notice placed on the Evaluation Software. The placement of copyright notices on Evaluation Software shall not constitute publication or otherwise impair their confidential nature of such information. (e) ALL EVALUATION SOFTWARE PROVIDED BY TESTMO GUROCK IS DELIVERED "AS IS, WHERE IS" AND TESTMO GUROCK SPECIFICALLY DISCLAIMS ANY AND ALL WARRANTIES OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. TESTMO GUROCK DOES NOT WARRANT THAT THE EVALUATION SOFTWARE WILL OPERATE WITHOUT INTERRUPTION OR BE ERROR FREE. UNDER NO CIRCUMSTANCES WILL TESTMO GUROCK OR ITS AUTHORIZED REPRESENTATIVES BE LIABLE FOR ANY CON- SEQUENTIAL, INDIRECT, SPECIAL, PUNITIVE, EXEMPLARY OR INCIDENTAL DAMAGES, WHETHER FORESEEABLE OR UNFORESEEABLE OR WHETHER BASED ON CLAIMS BY CUSTOMER OR ANY THIRD PARTY, ARISING OUT OF OR RELATED TO CUSTOMER’S USE OF EVALUATION SOFTWARE. IN NO EVENT WILL THE AGGREGATE LIABILITY OF TESTMO GUROCK OR ITS AUTHORIZED REPRESENTATIVES INCURRED IN ANY ACTION OR PROCEEDING RELATING TO CUSTOMER’S USE OF EVALUATION SOFTWARE EXCEED ONE HUNDRED DOLLARS. (f) The Evaluation and the evaluation license granted under this Section 16 shall automatically terminate immediately upon the earliest of (i) the expiration of the Evaluation Period, (ii) the date upon which Customer purchases a commercial license or commercial subscription for such Evaluation Software and (iii) the date upon which either party notifies the other party of its termination of the Evaluation. Upon expiration of the Evaluation Period or the Evaluation, Customer shall cease using and shall uninstall and destroy the Evaluation Software unless Customer has purchased a commercial license for such Evaluation Software on or prior to such expiration. (g) Sections 1, 5, 9, 11, 14, 15 and 17(a) through 17(g) of this Agreement shall be deemed incorporated by this reference in this Section 16 and the Evaluation license granted under this Section 16.

Trial License. (a) If Customer is evaluating Evaluation Software (as defined below), then only the terms and conditions of this Section 16 (including those Sections of this Agreement incorporated in this Section 16 by reference) will govern Customer’s temporary use of such Evaluation Software (and no other terms of this Agreement shall apply to Customer or govern Customer’s use of Evaluation Software) and upon purchase of a commercial license or commercial subscription for such Evaluation Software, this entire Agreement, exclusive of this Section 16, shall apply to Customer and govern all use of the SaaS Service and the Licensed Material. (b) Testmo Assembla is the owner and provider of certain proprietary software and documentation that Customer may request to use, from time to time, on a temporary basis for the sole purpose of testing and evaluating such software prior to purchasing a commercial subscription for such software (“Evaluation Software”). All access and usage of Evaluation Software by Customer requires a temporary User generated username and password (“Trial Registration”) and Customer is only permitted to use Evaluation Software during the term identified on TestmoAssembla’s website (the “Trial Term”). (c) Evaluation Software is provided to Customer solely for evaluation purposes for Customer’s own testing and evaluation purposes (an “Evaluation”) and upon Trial Registration Testmo Assembla hereby grants Customer a non-transferable, nonexclusive, limited license to access and use the Evaluation Software for such Evaluation during the period commencing on the date Customer first accesses the Evaluation Software and ending on the expiration of the Trial Term (including any extensions thereof authorized by TestmoAssembla, the “Evaluation Period”). Evaluation Software may be used by Customer solely for Customer’s internal evaluation purposes and may not be used for any commercial purpose or any purpose for which Customer charges any third party a fee. Customer agrees not to cause or permit the reverse engineering, disassembly, modification, translation or decompilation of any Evaluation Software. Customer shall not copy the Evaluation Software, or create or develop any derivative software based upon the Evaluation Software. (d) Customer acknowledges that all Evaluation Software incorporates confidential and proprietary information developed or acquired by or licensed to Testmo Assembla and that all results of testing of the Evaluation Software, whether performed by Customer or another third party, are confidential. In no event will Customer publish or disclose the results of any testing or performance specifications of the Evaluation Software without TestmoAssembla’s express prior written consent. Customer shall not remove or deface of any confidentiality or proprietary notice placed on the Evaluation Software. The placement of copyright notices on Evaluation Software shall not constitute publication or otherwise impair their confidential nature of such information. (e) ALL EVALUATION SOFTWARE PROVIDED BY TESTMO ASSEMBLA IS DELIVERED "AS IS, WHERE IS" AND TESTMO ASSEMBLA SPECIFICALLY DISCLAIMS ANY AND ALL WARRANTIES OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. TESTMO ASSEMBLA DOES NOT WARRANT THAT THE EVALUATION SOFTWARE WILL OPERATE WITHOUT INTERRUPTION OR BE ERROR FREE. UNDER NO CIRCUMSTANCES WILL TESTMO ASSEMBLA OR ITS AUTHORIZED REPRESENTATIVES BE LIABLE FOR ANY CON- SEQUENTIAL, INDIRECT, SPECIAL, PUNITIVE, EXEMPLARY OR INCIDENTAL DAMAGES, WHETHER FORESEEABLE OR UNFORESEEABLE OR WHETHER BASED ON CLAIMS BY CUSTOMER OR ANY THIRD PARTY, ARISING OUT OF OR RELATED TO CUSTOMER’S USE OF EVALUATION SOFTWARE. IN NO EVENT WILL THE AGGREGATE LIABILITY OF TESTMO ASSEMBLA OR ITS AUTHORIZED REPRESENTATIVES INCURRED IN ANY ACTION OR PROCEEDING RELATING TO CUSTOMER’S USE OF EVALUATION SOFTWARE EXCEED ONE HUNDRED DOLLARS. (f) The Evaluation and the evaluation license granted under this Section 16 shall automatically terminate immediately upon the earliest of (i) the expiration of the Evaluation Period, (ii) the date upon which Customer purchases a commercial license or commercial subscription for such Evaluation Software and (iii) the date upon which either party notifies the other party of its termination of the Evaluation. Upon expiration of the Evaluation Period or the Evaluation, Customer shall cease using and shall uninstall and destroy the Evaluation Software unless Customer has purchased a commercial license for such Evaluation Software on or prior to such expiration. (g) Sections 1, 5, 9, 11, 14, 15 and 17(a) through 17(g) of this Agreement shall be deemed incorporated by this reference in this Section 16 and the Evaluation license granted under this Section 16.

Trial License. (a) If Customer is evaluating Evaluation Software (as defined below), then only the terms and conditions of this Section 16 (including those Sections of this Agreement incorporated in this Section 16 by reference) will govern Customer’s temporary use of such Evaluation Software (and no other terms of this Agreement shall apply to Customer or govern Customer’s use of Evaluation Software) and upon purchase of a commercial license or commercial subscription for such Evaluation Software, this entire Agreement, exclusive of this Section 16, shall apply to Customer and govern all use of the SaaS Service and the Licensed Material. (b) Testmo is the owner and provider of certain proprietary software and documentation that Customer may request to use, from time to time, on a temporary basis for the sole purpose of testing and evaluating such software prior to purchasing a commercial subscription for such software (“Evaluation Software”). All access and usage of Evaluation Software by Customer requires a temporary User generated username and password (“Trial Registration”) and Customer is only permitted to use Evaluation Software during the term identified on Testmo’s website (the “Trial Term”). (c) Evaluation Software is provided to Customer solely for evaluation purposes for Customer’s own testing and evaluation purposes (an “Evaluation”) and upon Trial Registration Testmo hereby grants Customer a non-transferable, nonexclusive, limited license to access and use the Evaluation Software for such Evaluation during the period commencing on the date Customer first accesses the Evaluation Software and ending on the expiration of the Trial Term (including any extensions thereof authorized by Testmo, the “Evaluation Period”). Evaluation Software may be used by Customer solely for Customer’s internal evaluation purposes and may not be used for any commercial purpose or any purpose for which Customer charges any third party a fee. Customer agrees not to cause or permit the reverse engineering, disassembly, modification, translation or decompilation of any Evaluation Software. Customer shall not copy the Evaluation Software, or create or develop any derivative software based upon the Evaluation Software. (d) Customer acknowledges that all Evaluation Software incorporates confidential and proprietary information developed or acquired by or licensed to Testmo and that all results of testing of the Evaluation Software, whether performed by Customer or another third party, are confidential. In no event will Customer publish or disclose the results of any testing or performance specifications of the Evaluation Software without Testmo’s express prior written consent. Customer shall not remove or deface of any confidentiality or proprietary notice placed on the Evaluation Software. The placement of copyright notices on Evaluation Software shall not constitute publication or otherwise impair their confidential nature of such information. (e) ALL EVALUATION SOFTWARE PROVIDED BY TESTMO IS DELIVERED "AS IS, WHERE IS" AND TESTMO SPECIFICALLY DISCLAIMS ANY AND ALL WARRANTIES OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. TESTMO DOES NOT WARRANT THAT THE EVALUATION SOFTWARE WILL OPERATE WITHOUT INTERRUPTION OR BE ERROR FREE. UNDER NO CIRCUMSTANCES WILL TESTMO OR ITS AUTHORIZED REPRESENTATIVES BE LIABLE FOR ANY CON- SEQUENTIALCONSEQUENTIAL, INDIRECT, SPECIAL, PUNITIVE, EXEMPLARY OR INCIDENTAL DAMAGES, WHETHER FORESEEABLE OR UNFORESEEABLE OR WHETHER BASED ON CLAIMS BY CUSTOMER OR ANY THIRD PARTY, ARISING OUT OF OR RELATED TO CUSTOMER’S USE OF EVALUATION SOFTWARE. IN NO EVENT WILL THE AGGREGATE LIABILITY OF TESTMO OR ITS AUTHORIZED REPRESENTATIVES INCURRED IN ANY ACTION OR PROCEEDING RELATING TO CUSTOMER’S USE OF EVALUATION SOFTWARE EXCEED ONE HUNDRED DOLLARS. (f) The Evaluation and the evaluation license granted under this Section 16 shall automatically terminate immediately upon the earliest of (i) the expiration of the Evaluation Period, (ii) the date upon which Customer purchases a commercial license or commercial subscription for such Evaluation Software and (iii) the date upon which either party notifies the other party of its termination of the Evaluation. Upon expiration of the Evaluation Period or the Evaluation, Customer shall cease using and shall uninstall and destroy the Evaluation Software unless Customer has purchased a commercial license for such Evaluation Software on or prior to such expiration. (g) Sections 1, 5, 9, 11, 14, 15 and 17(a) through 17(g) of this Agreement shall be deemed incorporated by this reference in this Section 16 and the Evaluation license granted under this Section 16.

Trial License. (a) If Customer is evaluating Evaluation Software (as defined below), then only the terms and conditions of this Section 16 (including those Sections of this Agreement incorporated in this Section 16 by reference) will govern Customer’s temporary use of such Evaluation Software (and no other terms of this Agreement shall apply to Customer or govern Customer’s use of Evaluation Software) and upon purchase of a commercial license or commercial subscription for such Evaluation Software, this entire Agreement, exclusive of this Section 16, shall apply to Customer and govern all use of the SaaS Service and the Licensed Material. (b) Testmo Gurock is the owner and provider of certain proprietary software and documentation that Customer may request to use, from time to time, on a temporary basis for the sole purpose of testing and evaluating such software prior to purchasing a commercial subscription for such software (“Evaluation Software”). All access and usage of Evaluation Software by Customer requires a temporary User generated username and password (“Trial Registration”) and Customer is only permitted to use Evaluation Software during the term identified on TestmoGurock’s website (the “Trial Term”). (c) Evaluation Software is provided to Customer solely for evaluation purposes for Customer’s own testing and evaluation purposes (an “Evaluation”) and upon Trial Registration Testmo Gurock hereby grants Customer a non-transferable, nonexclusive, limited license to access and use the Evaluation Software for such Evaluation during the period commencing on the date Customer first accesses the Evaluation Software and ending on the expiration of the Trial Term (including any extensions thereof authorized by TestmoGurock, the “Evaluation Period”). Evaluation Software may be used by Customer solely for Customer’s internal evaluation purposes and may not be used for any commercial purpose or any purpose for which Customer charges any third party a fee. Customer agrees not to cause or permit the reverse engineering, disassembly, modification, translation or decompilation of any Evaluation Software. Customer shall not copy the Evaluation Software, or create or develop any derivative software based upon the Evaluation Software. (d) Customer acknowledges that all Evaluation Software incorporates confidential and proprietary information developed or acquired by or licensed to Testmo Gurock and that all results of testing of the Evaluation Software, whether performed by Customer or another third party, are confidential. In no event will Customer publish or disclose the results of any testing or performance specifications of the Evaluation Software without TestmoGurock’s express prior written consent. Customer shall not remove or deface of any confidentiality or proprietary notice placed on the Evaluation Software. The placement of copyright notices on Evaluation Software shall not constitute publication or otherwise impair their confidential nature of such information. (e) ALL EVALUATION SOFTWARE PROVIDED BY TESTMO GUROCK IS DELIVERED "AS IS, WHERE IS" AND TESTMO GUROCK SPECIFICALLY DISCLAIMS ANY AND ALL WARRANTIES OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. TESTMO GUROCK DOES NOT WARRANT THAT THE EVALUATION SOFTWARE WILL OPERATE WITHOUT INTERRUPTION OR BE ERROR FREE. UNDER NO CIRCUMSTANCES WILL TESTMO GUROCK OR ITS AUTHORIZED REPRESENTATIVES BE LIABLE FOR ANY CON- SEQUENTIAL, INDIRECT, SPECIAL, PUNITIVE, EXEMPLARY OR INCIDENTAL DAMAGES, WHETHER FORESEEABLE OR UNFORESEEABLE OR WHETHER BASED ON CLAIMS BY CUSTOMER OR ANY THIRD PARTY, ARISING OUT OF OR RELATED TO CUSTOMER’S USE OF EVALUATION SOFTWARE. IN NO EVENT WILL THE AGGREGATE LIABILITY OF TESTMO GUROCK OR ITS AUTHORIZED REPRESENTATIVES INCURRED IN ANY ACTION OR PROCEEDING RELATING TO CUSTOMER’S USE OF EVALUATION SOFTWARE EXCEED ONE HUNDRED DOLLARS. (f) The Evaluation and the evaluation license granted under this Section 16 shall automatically terminate immediately upon the earliest of (i) the expiration of the Evaluation Period, (ii) the date upon which Customer purchases a commercial license or commercial subscription for such Evaluation Software and (iii) the date upon which either party notifies the other party of its termination of the Evaluation. Upon expiration of the Evaluation Period or the Evaluation, Customer shall cease using and shall uninstall and destroy the Evaluation Software unless Customer has purchased a commercial license for such Evaluation Software on or prior to such expiration. (g) Sections 1, 5, 9, 11, 14, 15 and 17(a) through 17(g) of this Agreement shall be deemed incorporated by this reference in this Section 16 and the Evaluation license granted under this Section 16.