Trial Version. This section 2.05. and its subparagraphs apply in addition to the license granted in 2.01 above and solely if Licensee has received a valid Trial Version of the Software from Vendor. (i) Subject to the terms and conditions of this Agreement and the payment of a fee for an Extended Paid Trial Period, if applicable, Vendor hereby grants to Licensee, a non-exclusive, non-transferable license to install and/or access a copy of the Trial Version on a single computer strictly for Licensee’s internal evaluation and review purposes and not for production purposes. (ii) Licensee shall not (a) in the aggregate install or access more than one copy of the Trial Version, (b) download the Trial Version under more than one username, if applicable, (c) alter the contents of a hard drive or computer system to enable the use of the Trial Version for an aggregate period in excess of the Initial Trial Period or the Extended Paid Trial Period, if applicable, for which Licensee may evaluate the Trial Version, (d) disclose the results, if any, of the Software performance benchmarks obtained using the Trial Version to any third party without Vendor’s prior written consent, (e) use the Trial Version for a purpose other than the sole purpose of determining whether to purchase a license to the Software. Notwithstanding the foregoing, Licensee is strictly prohibited from installing, accessing or using a copy of the Trial Version for any commercial training purposes. (iii) Licensee’s licensed rights to install, access, and use a copy of the Trial Version under this section 2.05 will immediately terminate upon the earlier of (a) the expiration of the Initial Trial Period or the Extended Paid Trial Period, if applicable, or (b) such time that Licensee purchases a license to the Software. Vendor reserves the right to terminate Licensee’s license to the Trial Version at any time in its sole discretion during the Initial Trial Period. To the extent that any provision in this section 2.05 is in conflict with any other terms or conditions in this Agreement, this section 2.05. shall supersede such other terms and conditions with respect to the Trial Version only, but only to the extent necessary to resolve the conflict. LICENSEE ACKOWLEDGES THAT THE TRIAL VERSION MAY FUNCTION FOR A LIMITED PERIOD OF TIME. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS AGREEMENT, THE TRIAL VERSION IS PROVIDED TO YOU ON A "AS IS" BASIS, AND VENDOR DISCLAIMS ANY WARRANTY OR LIABILITY OBLIGATIONS TO YOU OF ANY KIND.
Appears in 2 contracts
Samples: License Agreement, License Agreement
Trial Version. This section 2.05. 2.8 and its subparagraphs apply in addition to the license granted in 2.01 Section I above and solely if Licensee has You have received a valid Trial Version of the Software SOFTWARE PRODUCT or SOFTWARE from VendorTechSmith.
(i) Subject to the terms and conditions of this Agreement and the payment of a fee for an Extended Paid Trial PeriodTSLA, if applicable, Vendor hereby TechSmith grants to Licensee, You a non-exclusive, non-transferable exclusive license to install and/or access a copy of the Trial Version on a single computer strictly for Licensee’s Your internal evaluation and review purposes and not for production purposes.
(ii) Licensee You shall not (a) in the aggregate install or access use more than one copy of the Trial Version, (b) download the Trial Version under more than one username, if applicable, (c) alter the contents of a hard drive or computer system to enable the use of the Trial Version for an aggregate period in excess of the Initial Trial Period or the Extended Paid Trial Period, if applicable, for which Licensee You may evaluate the Trial Version, (d) disclose the results, if any, of the Software SOFTWARE PRODUCT or SOFTWARE performance benchmarks obtained using the Trial Version to any third party without Vendor’s TechSmith's prior written consent, (e) use the Trial Version for a purpose other than the sole purpose of determining whether to purchase a license to the SoftwareSOFTWARE PRODUCT or SOFTWARE. Notwithstanding the foregoing, Licensee is You are strictly prohibited from installing, accessing installing or using a copy of the Trial Version for any commercial training purposes.
(iii) Licensee’s Your licensed rights to install, access, install and use a copy of the Trial Version under this section 2.05 2.8 will immediately terminate upon the earlier of (a) the expiration of the Initial Trial Period or the Extended Paid Trial Period, if applicable, or (b) such time that Licensee purchases You purchase a license to the SoftwareSOFTWARE PRODUCT or SOFTWARE. Vendor TechSmith reserves the right to terminate Licensee’s Your license to the Trial Version at any time in its sole discretion during the Initial Trial Perioddiscretion. To the extent that any provision in this section 2.05 2.8 is in conflict with any other terms term or conditions condition in this AgreementTSLA, this section 2.05. 2.8 shall supersede such other terms and conditions with respect to the Trial Version only, but only to the extent necessary to resolve the conflict. LICENSEE ACKOWLEDGES YOU ACKNOWLEDGE THAT THE TRIAL VERSION MAY HAVE LIMITED FEATURES, FUNCTION FOR A LIMITED PERIOD OF TIME, HAVE OTHER LIMITATIONS NOT PRESENT IN A NON-TRIAL VERSION OF THE SOFTWARE. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS AGREEMENTTSLA, THE TRIAL VERSION IS PROVIDED TO YOU ON A "AS IS" BASIS, AND VENDOR TECHSMITH DISCLAIMS ANY WARRANTY OR LIABILITY OBLIGATIONS TO YOU OF ANY KIND.
3. Upgrades. If the SOFTWARE PRODUCT or SOFTWARE is an upgrade from another product, whether from TechSmith or another supplier, You may use the SOFTWARE PRODUCT or SOFTWARE in a manner consistent with the remaining terms and conditions of this TSLA and only in conjunction with that upgraded product, and You must destroy the SOFTWARE PRODUCT or SOFTWARE previously licensed to You including any copies residing on Your hard disk driver or servers within sixty (60) days from the date You purchased or received a license to use the upgrade(s). TechSmith reserves the right to require You to show satisfactory proof that the previous copies of the SOFTWARE PRODUCT or SOFTWARE have been destroyed. If the SOFTWARE PRODUCT or SOFTWARE is an upgrade of a component of a package of software programs that You licensed as a single product, the SOFTWARE PRODUCT or SOFTWARE may be used only as part of that single product package and may not be separated for use on more than one computer unless otherwise expressly indicated in this TSLA or a valid license granted by TechSmith.
Appears in 1 contract
Samples: Software License Agreement
Trial Version. This section 2.05. 2.8 and its subparagraphs apply in addition to the license granted in 2.01 Section I above and solely if Licensee has You have received a valid Trial Version of the Software SOFTWARE PRODUCT or SOFTWARE from VendorTechSmith.
(i) Subject to the terms and conditions of this Agreement and the payment of a fee for an Extended Paid Trial PeriodTSLA, if applicable, Vendor hereby TechSmith grants to Licensee, You a non-exclusive, non-transferable exclusive license to install and/or access a copy of the Trial Version on a single computer strictly for Licensee’s Your internal evaluation and review purposes and not for production purposes.
(ii) Licensee You shall not (a) in the aggregate install or access use more than one copy of the Trial Version, (b) download the Trial Version under more than one username, if applicable, (c) alter the contents of a hard drive or computer system to enable the use of the Trial Version for an aggregate period in excess of the Initial Trial Period or the Extended Paid Trial Period, if applicable, for which Licensee You may evaluate the Trial Version, (d) disclose the results, if any, of the Software SOFTWARE PRODUCT or SOFTWARE performance benchmarks obtained using the Trial Version to any third party without Vendor’s TechSmith's prior written consent, (e) use the Trial Version for a purpose other than the sole purpose of determining whether to purchase a license to the SoftwareSOFTWARE PRODUCT or SOFTWARE. Notwithstanding the foregoing, Licensee is You are strictly prohibited from installing, accessing installing or using a copy of the Trial Version for any commercial training purposes.
(iii) Licensee’s Your licensed rights to install, access, install and use a copy of the Trial Version under this section 2.05 2.8 will immediately terminate upon the earlier of (a) the expiration of the Initial Trial Period or the Extended Paid Trial Period, if applicable, or (b) such time that Licensee purchases You purchase a license to the SoftwareSOFTWARE PRODUCT or SOFTWARE. Vendor TechSmith reserves the right to terminate Licensee’s Your license to the Trial Version at any time in its sole discretion during the Initial Trial Perioddiscretion. To the extent that any provision in this section 2.05 2.8 is in conflict with any other terms term or conditions condition in this AgreementTSLA, this section 2.05. 2.8 shall supersede such other terms and conditions with respect to the Trial Version only, but only to the extent necessary to resolve the conflict. LICENSEE ACKOWLEDGES YOU ACKNOWLEDGE THAT THE TRIAL VERSION MAY HAVE LIMITED FEATURES, FUNCTION FOR A LIMITED PERIOD OF TIME, HAVE OTHER LIMITATIONS NOT PRESENT IN A NON-TRIAL VERSION OF THE SOFTWARE. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS AGREEMENTTSLA, THE TRIAL VERSION IS PROVIDED TO YOU ON A "AS IS" BASIS, AND VENDOR TECHSMITH DISCLAIMS ANY WARRANTY OR LIABILITY OBLIGATIONS TO YOU OF ANY KIND.
Appears in 1 contract
Samples: Software License Agreement
