Common use of Trial Services Clause in Contracts

Trial Services. 3.1 If Customer is using a free trial, a proof of concept version of the Software, a beta version of the Software, or using the Software on any other free-of-charge basis as specified in an Order including any related support services to the extent provided by Company in its sole discretion (collectively, “Trial Services”), Company makes such Trial Services available to Customer until the earlier of: (i) the end of the free trial or proof of concept period or beta testing period as communicated by Company or specified in an Order; (ii) the start date of any purchased version of such Software; or (iii) written notice of termination from Company (“Trial Services Period”). 3.2 Company grants Customer, during the Trial Services Period, a non-exclusive, non-transferable right to access and use the Trial Services for Customer’s internal evaluation purposes in accordance with the Documentation and subject to the access and use restrictions set forth in this Agreement. Customer is authorized to use Trial Services only for evaluation and not for any business or productive purposes, unless otherwise authorized by Company in writing. 3.3 Any data Customer enters into the Trial Services and any configurations made to the Trial Services by or for Customer during the term of such Trial Services will be permanently lost unless Customer: (a) has purchased a subscription to the same Software as covered by the Trial Services; or (b) exports such data or configurations before the end of such free period. 3.4 There is no guarantee that features or functions of the Trial Services will be available, or if available will be the same, in the general release version of the Software, and Customer should review the Software features and functions before making a purchase. Company will be under no obligation to provide Customer any maintenance or support services with respect to the Trial Services. 3.5 Notwithstanding anything to the contrary, Company provides the Trial Services “as is” and “as available” without any warranties or representations of any kind. To the extent permitted by law, Company disclaims all implied warranties and representations, including, without limitation, any implied warranty of merchantability, fitness for a particular purpose and non- infringement. Customer assumes all risks and all costs associated with its use of the Trial Services. 3.6 Customer’s sole and exclusive remedy in case of any dissatisfaction or Company’s breach of the Agreement with respect to such Trial Services is termination of the Trial Services. Any obligations on behalf of Company to indemnify, defend, or hold harmless under this Agreement are not applicable to Customers using Trial Services.

Trial Services. 3.1 If Customer is using a free trialtrial for 30 (thirty) days, a proof of concept version of the SoftwareSensLIVE Products, a beta version of the SoftwareSensLIVE Products, or using the Software SensLIVE Products on any other free-of-charge basis as specified in an Order including any related support services to the extent provided by Company CAPTEMP in its sole discretion (collectively, “Trial Services”), Company CAPTEMP makes such Trial Services available to Customer until the earlier of: : (i) the end of the free trial or proof of concept period or beta testing period as communicated by Company CAPTEMP or specified in an Order; (ii) the start date of any purchased version of such SoftwareSensLIVE Products; or (iii) written notice of termination from Company CAPTEMP (“Trial Services Period”). 3.2 Company . CAPTEMP grants Customer, during the Trial Services Period, a non-exclusive, non-non- transferable right to access and use the Trial Services for Customer’s internal evaluation purposes in accordance with the Documentation and subject to the access and use restrictions set forth in this Agreement. Customer is authorized to use Trial Services only for evaluation and not for any business or productive purposes, unless otherwise authorized by Company CAPTEMP in writing. 3.3 . Any data Customer enters into the Trial Services and any configurations made to the Trial Services by or for Customer during the term of such Trial Services will be permanently lost unless Customer: (a) has purchased a subscription to the same Software SensLIVE Products as covered by the Trial Services; or (b) exports such data or configurations before the end of such free period. 3.4 . There is no guarantee that features or functions of the Trial Services will be available, or if available will be the same, in the general release version of the SoftwareSensLIVE Products, and Customer should review the Software SensLIVE Products features and functions before making a purchase. Company CAPTEMP will be under no obligation to provide Customer any maintenance or support services with respect to the Trial Services. 3.5 . Notwithstanding anything to the contrary, Company CAPTEMP provides the Trial Services “as is” and “as available” without any warranties or representations of any kind. To the extent permitted by law, Company CAPTEMP disclaims all implied warranties and representations, including, without limitation, any implied warranty of merchantability, fitness for a particular purpose and non- non-infringement. Customer assumes all risks and all costs associated with its use of the Trial Services. 3.6 . Customer’s sole and exclusive remedy in case of any dissatisfaction or CompanyCAPTEMP’s breach of the Agreement with respect to such Trial Services is termination of the Trial Services. Any obligations on behalf of Company CAPTEMP to indemnify, defend, or hold harmless under this Agreement are not applicable to Customers using Trial Services.

Trial Services. 3.1 If Customer is using a free trial, a proof of concept version of the SoftwareServices, a beta version of the SoftwareServices, or using the Software Services on any other free-of-charge basis as specified in an Order including any related support services to the extent provided by Company CyberArk in its sole discretion (collectively, “Trial Services”), Company CyberArk makes such Trial Services available to Customer until the earlier of: of (i) the end of the free trial or proof of concept period or beta testing period as communicated by Company or specified in an Order; CyberArk, (ii) the start date of any purchased version of such Software; Services, or (iii) written notice of termination from Company CyberArk (“Trial Services Period”). 3.2 Company . CyberArk grants Customer, during the Trial Services Period, a non-exclusive, non-transferable license (without the right to sub-license) to access and use the Trial Services for Customer’s internal evaluation purposes in accordance with the Documentation and subject to the access and use restrictions set forth in this AgreementDocumentation. Customer is authorized to use Trial Services only for evaluation and not for any business or productive purposes, unless otherwise authorized by Company CyberArk in writing. 3.3 . Any data Customer enters into the Trial Services and any configurations made to the Trial Services by or for Customer during the term of such Trial Services will be permanently lost unless Customer: Customer (a) has purchased a subscription to the same Software Services as covered by the Trial Services; Services or (b) exports such data or configurations before the end of such free period. 3.4 . There is no guarantee that features or functions of the Trial Services will be available, or if available will be the same, in the general release version of the SoftwareService, and Customer should review the Software Service features and functions before making a purchase. Company CyberArk will be under no obligation to provide Customer any maintenance or support services with respect to the Trial Services. 3.5 . Notwithstanding anything to the contrary, Company CyberArk provides the Trial Services “as is” and “as available” without any warranties or representations of any kind. To the extent permitted by law, Company CyberArk disclaims all implied warranties and representations, including, without limitation, any implied warranty of merchantability, fitness for a particular purpose and non- non-infringement. Customer assumes all risks and all costs associated with its use of the Trial Services. 3.6 . Customer’s sole and exclusive remedy in case of any dissatisfaction or CompanyCyberArk’s breach of the Agreement with respect to such Trial Services is termination of the Trial Services. Any obligations on behalf of Company CyberArk to indemnify, defend, or hold harmless under this Agreement (including without limitation CyberArk’s obligations under Section 9) are not applicable to Customers using Trial Services.

Trial Services. 3.1 If Customer is using a free trial, a proof of concept version of the SoftwareSaaS Products, a beta version of the SoftwareSaaS Products, or using the Software SaaS Products on any other free-of-charge basis as specified in an Order including any related support services to the extent provided by Company CARE4 in its sole discretion (collectively, “Trial Services”), Company CARE4 makes such Trial Services available to Customer until the earlier of: : (i) the end of the free trial or proof of concept period or beta testing period as communicated by Company CARE4 or specified in an Order; (ii) the start date of any purchased version of such SoftwareSaaS Products; or (iii) written notice of termination from Company CARE4 (“Trial Services Period”). 3.2 Company . CARE4 grants Customer, during the Trial Services Period, a non-exclusive, non-transferable right to access and use the Trial Services for Customer’s internal evaluation purposes in accordance with the Documentation and subject to the access and use restrictions set forth in this Agreement. Customer is Customers are authorized to use Trial Services only for evaluation and not for any business or productive purposes, unless otherwise authorized by Company CARE4 in writing. 3.3 . Any data Customer enters into the Trial Services and any configurations made to the Trial Services by or for Customer during the term of such Trial Services will be permanently lost unless Customer: (a) has purchased a subscription to the same Software SaaS Products as covered by the Trial Services; or (b) exports such data or configurations before the end of such free period. 3.4 . There is no guarantee that features features, or functions of the Trial Services will be available, or if available will be the same, in the general release version of the SoftwareSaaS Products, and Customer should review the Software SaaS Products features and functions before making a purchase. Company CARE4 will be under no obligation to provide Customer any maintenance or support services with respect to the Trial Services. 3.5 . Notwithstanding anything to the contrary, Company CARE4 provides the Trial Services “as is” and “as available” without any warranties or representations of any kind. To the extent permitted by law, Company CARE4 disclaims all implied warranties and representations, including, without limitation, any implied warranty of merchantability, fitness for a particular purpose and non- non-infringement. Customer assumes all risks and all costs associated with its use of the Trial Services. 3.6 . Customer’s sole and exclusive remedy in case of any dissatisfaction or CompanyCARE4’s breach of the Agreement with respect to such Trial Services is termination of the Trial Services. Any obligations on behalf of Company CARE4 to indemnify, defend, or hold harmless under this Agreement are not applicable to Customers using Trial Services.

Trial Services. 3.1 If Customer is using a free trial, a proof of concept version of the SoftwareServices, a beta version of the SoftwareServices, or using the Software Services on any other free-of-charge basis as specified in an Order including any related support services to the extent provided by Company CyberArk in its sole discretion (collectively, “Trial Services”), Company CyberArk makes such Trial Services available to Customer until the earlier of: of (i) the end of the free trial or proof of concept period or beta testing period as communicated by Company or specified in an Order; CyberArk, (ii) the start date of any purchased version of such Software; Services, or (iii) written notice of termination from Company CyberArk (“Trial Services Period”). 3.2 Company . CyberArk grants Customer, during the Trial Services Period, a non-exclusive, non-transferable license (without the right to sub-license) to access and use the Trial Services for Customer’s internal evaluation purposes in accordance with the Documentation and subject to the access and use restrictions set forth in this AgreementDocumentation. Customer is authorized to use Trial Services only for evaluation and not for any business or productive purposes, unless otherwise authorized by Company CyberArk in writing. 3.3 . Any data Customer enters into the Trial Services and any configurations made to the Trial Services by or for Customer during the term of such Trial Services will be permanently lost unless Customer: Customer (a) has purchased a subscription to the same Software Services as covered by the Trial Services; Services or (b) exports such data or configurations before the end of such free period. 3.4 . There is no guarantee that features or functions of the Trial Services will be available, or if available will be the same, in the general release version of the SoftwareService, and Customer should review the Software Service features and functions before making a purchase. Company CyberArk will be under no obligation to provide Customer any maintenance or support services with respect to the Trial Services. NOTWITHSTANDING ANYTHING TO THE CONTRARY, CYBERARK PROVIDES THE TRIAL SERVICES “AS IS” AND “AS AVAILABLE” WITHOUT ANY WARRANTIES OR REPRESENTATIONS OF ANY KIND. TO THE EXTENT PERMITTED BY LAW, CYBERARK DISCLAIMS ALL IMPLIED WARRANTIES AND REPRESENTATIONS, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. CUSTOMER ASSUMES ALL RISKS AND ALL COSTS ASSOCIATED WITH ITS USE OF THE TRIAL SERVICES. CUSTOMER’S SOLE AND EXCLUSIVE REMEDY IN CASE OF ANY DISSATISFACTION OR CYBERARK’S BREACH OF THE AGREEMENT WITH RESPECT TO SUCH TRIAL SERVICES IS TERMINATION OF THE TRIAL SERVICES. ANY OBLIGATIONS ON BEHALF OF CYBERARK TO INDEMNIFY, DEFEND, OR HOLD HARMLESS UNDER THIS AGREEMENT (INCLUDING WITHOUT LIMITATION CYBERARK’S OBLIGATIONS UNDER SECTION 9) ARE NOT APPLICABLE TO CUSTOMERS USING TRIAL SERVICES. 3.5 Notwithstanding anything to the contrary, Company provides the Trial Services “as is” and “as available” without any warranties or representations of any kind. To the extent permitted by law, Company disclaims all implied warranties and representations, including, without limitation, any implied warranty of merchantability, fitness for a particular purpose and non- infringement. Customer assumes all risks and all costs associated with its use of the Trial Services. 3.6 Customer’s sole and exclusive remedy in case of any dissatisfaction or Company’s breach of the Agreement with respect to such Trial Services is termination of the Trial Services. Any obligations on behalf of Company to indemnify, defend, or hold harmless under this Agreement are not applicable to Customers using Trial Services.