Common use of Trial Services Clause in Contracts

Trial Services. If Customer is using a free trial, a proof of concept version of the DEVICEIO SERVICE, a beta version of the DEVICEIO SERVICE, or using the DEVICEIO SERVICE on any other free-of-charge basis as specified in an Order including any related support services to the extent provided by GOODPROTOTYPING in its sole discretion (collectively, “Trial Services”), GOODPROTOTYPING 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 GOODPROTOTYPING or specified in an Order; (ii) the start date of any purchased version of such DEVICEIO SERVICE; or (iii) written notice of termination from GOODPROTOTYPING (“Trial Services Period”). GOODPROTOTYPING 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 GOODPROTOTYPING in writing. 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 DEVICEIO SERVICE as covered by the Trial Services; or (b) exports such data or configurations before the end of such free period. 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 DEVICEIO SERVICE, and Customer should review the DEVICEIO SERVICE features and functions before making a purchase. GOODPROTOTYPING will be under no obligation to provide Customer any maintenance or support services with respect to the Trial Services. Notwithstanding anything to the contrary, GOODPROTOTYPING provides the Trial Services “as is” and “as available” without any warranties or representations of any kind. To the extent permitted by law, GOODPROTOTYPING 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 GOODPROTOTYPING’s breach of the Agreement with respect to such Trial Services is termination of the Trial Services. Any obligations on behalf of GOODPROTOTYPING to indemnify, defend, or hold harmless under this Agreement are not applicable to Customers using Trial Services.

Trial Services. If Customer is using a free trial, a proof of concept version of the DEVICEIO SERVICESaaS Products, a beta version of the DEVICEIO SERVICESaaS Products, or using the DEVICEIO SERVICE SaaS Products on any other free-of-charge basis as specified in an Order including any related support services to the extent provided by GOODPROTOTYPING CARE4 in its sole discretion (collectively, “Trial Services”), GOODPROTOTYPING 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 GOODPROTOTYPING CARE4 or specified in an Order; (ii) the start date of any purchased version of such DEVICEIO SERVICESaaS Products; or (iii) written notice of termination from GOODPROTOTYPING CARE4 (“Trial Services Period”). GOODPROTOTYPING 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 authorized to use Trial Services only for evaluation and not for any business or productive purposes, unless otherwise authorized by GOODPROTOTYPING CARE4 in writing. 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 DEVICEIO SERVICE SaaS Products as covered by the Trial Services; or (b) exports such data or configurations before the end of such free period. 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 DEVICEIO SERVICESaaS Products, and Customer should review the DEVICEIO SERVICE SaaS Products features and functions before making a purchase. GOODPROTOTYPING CARE4 will be under no obligation to provide Customer any maintenance or support services with respect to the Trial Services. Notwithstanding anything to the contrary, GOODPROTOTYPING CARE4 provides the Trial Services “as is” and “as available” without any warranties or representations of any kind. To the extent permitted by law, GOODPROTOTYPING CARE4 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 GOODPROTOTYPINGCARE4’s breach of the Agreement with respect to such Trial Services is termination of the Trial Services. Any obligations on behalf of GOODPROTOTYPING CARE4 to indemnify, defend, or hold harmless under this Agreement are not applicable to Customers using Trial Services.

Trial Services. If Customer is using a free trial, a proof of concept version of the DEVICEIO SERVICEServices, a beta version of the DEVICEIO SERVICEServices, or using the DEVICEIO SERVICE Services on any other free-of-charge basis as specified in an Order including any related support services to the extent provided by GOODPROTOTYPING CyberArk in its sole discretion (collectively, “Trial Services”), GOODPROTOTYPING 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 GOODPROTOTYPING or specified in an Order; CyberArk, (ii) the start date of any purchased version of such DEVICEIO SERVICE; Services, or (iii) written notice of termination from GOODPROTOTYPING CyberArk (“Trial Services Period”). GOODPROTOTYPING 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 GOODPROTOTYPING CyberArk in writing. 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 DEVICEIO SERVICE Services as covered by the Trial Services; Services or (b) exports such data or configurations before the end of such free period. 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 DEVICEIO SERVICEService, and Customer should review the DEVICEIO SERVICE Service features and functions before making a purchase. GOODPROTOTYPING 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, GOODPROTOTYPING CyberArk provides the Trial Services “as is” and “as available” without any warranties or representations of any kind. To the extent permitted by law, GOODPROTOTYPING 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 GOODPROTOTYPINGCyberArk’s breach of the Agreement with respect to such Trial Services is termination of the Trial Services. Any obligations on behalf of GOODPROTOTYPING 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. If Customer is using a free trial, a proof of concept version of the DEVICEIO SERVICEServices, a beta version of the DEVICEIO SERVICEServices, or using the DEVICEIO SERVICE Services on any other free-of-charge basis as specified in an Order including any related support services to the extent provided by GOODPROTOTYPING CyberArk in its sole discretion (collectively, “Trial Services”), GOODPROTOTYPING 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 GOODPROTOTYPING or specified in an Order; CyberArk, (ii) the start date of any purchased version of such DEVICEIO SERVICE; Services, or (iii) written notice of termination from GOODPROTOTYPING CyberArk (“Trial Services Period”). GOODPROTOTYPING 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 GOODPROTOTYPING CyberArk in writing. 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 DEVICEIO SERVICE Services as covered by the Trial Services; Services or (b) exports such data or configurations before the end of such free period. 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 DEVICEIO SERVICEService, and Customer should review the DEVICEIO SERVICE Service features and functions before making a purchase. GOODPROTOTYPING CyberArk will be under no obligation to provide Customer any maintenance or support services with respect to the Trial Services. Notwithstanding anything to the contraryNOTWITHSTANDING ANYTHING TO THE CONTRARY, GOODPROTOTYPING provides the Trial Services CYBERARK PROVIDES THE TRIAL SERVICES “as isAS IS” and AND “as availableAS AVAILABLE” without any warranties or representations of any kindWITHOUT ANY WARRANTIES OR REPRESENTATIONS OF ANY KIND. To the extent permitted by lawTO THE EXTENT PERMITTED BY LAW, GOODPROTOTYPING disclaims all implied warranties and representationsCYBERARK DISCLAIMS ALL IMPLIED WARRANTIES AND REPRESENTATIONS, includingINCLUDING, without limitationWITHOUT LIMITATION, any implied warranty of merchantabilityANY IMPLIED WARRANTY OF MERCHANTABILITY, fitness for a particular purpose and nonFITNESS FOR A PARTICULAR PURPOSE AND NON-infringementINFRINGEMENT. Customer assumes all risks and all costs associated with its use of the Trial ServicesCUSTOMER 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 GOODPROTOTYPING’s breach of the Agreement with respect to such Trial Services is termination of the Trial ServicesCUSTOMER’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 GOODPROTOTYPING to indemnifyANY OBLIGATIONS ON BEHALF OF CYBERARK TO INDEMNIFY, defendDEFEND, or hold harmless under this Agreement are not applicable to Customers using Trial ServicesOR HOLD HARMLESS UNDER THIS AGREEMENT (INCLUDING WITHOUT LIMITATION CYBERARK’S OBLIGATIONS UNDER SECTION 9) ARE NOT APPLICABLE TO CUSTOMERS USING TRIAL SERVICES.