Common use of Trial Clause in Contracts

Trial. If the Application and Services are supplied on a trial or other no charge basis (“Trial”), the Trial Period shall be sixty (60) days from first access of the Service and the terms of Section 4(a) above are replaced with the following: Subject to the terms and conditions of this Agreement, Ricoh hereby grants to Subscriber a limited, a non-exclusive, non-assignable, non-sublicensable, non- transferable subscription license for the Trial Period, to access and use the Services remotely over the Internet, for Subscriber's internal business purposes only. The license is granted solely to Subscriber and not, by implication or otherwise, to any parent, subsidiary or affiliated entities of Subscriber. This license is valid for installation in Australia only and governs any future releases, revisions or enhancements to the Services. This Agreement shall not be deemed to constitute a sale of the Application and no title or proprietary rights to the Application or Services are transferred to the Subscriber hereby. All rights not expressly granted hereunder are reserved to Ricoh and/or its licensors. Further, any reference to the ordering documentation shall be deemed reference to the information you provided when registering for the Trial. Your use of the license granted is limited to Subscriber and two (2) additional Users with a maximum of five (5) connections. You must purchase a license for continued use after the Trial Period. If no license has been purchased prior to the end of the Trial Period. at the end of the Trial Period Subscriber Data will be handled as set forth in Section 7(d) above. BY YOUR USE OF THE TRIAL, YOU ACKNOWLEDGE AND AGREE THAT YOUR RIGHT TO USE THE SERVICES WILL TERMINATE AFTER THE TRIAL PERIOD AND THEREAFTER YOU WILL NOT BE ABLE TO USE THE SERVICES UNTIL YOU EXECUTE ORDERING DOCUMENTATION AND PAY THE RELATED CHARGES. ALL TRIALS ARE PROVIDED “AS IS” WITH NO WARRANTIES OF ANY TYPE WHATSOEVER, AND NO SUPPORT AND MAINTENANCE.

Appears in 2 contracts

Samples: Subscription Agreement, Subscription Agreement

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Trial. If Customer registers on Intraway’s or Symphonica’s website for a free trial, or Customer logging into a SaaS Service trial account, Intraway will make the Application and Services are supplied applicable SaaS Service available to Customer on a trial or other no basis free of charge basis until the earlier of (“Trial”), the Trial Period shall be sixty (60a) days from first access of the Service and the terms of Section 4(a) above are replaced with the following: Subject to the terms and conditions of this Agreement, Ricoh hereby grants to Subscriber a limited, a non-exclusive, non-assignable, non-sublicensable, non- transferable subscription license for the Trial Period, to access and use the Services remotely over the Internet, for Subscriber's internal business purposes only. The license is granted solely to Subscriber and not, by implication or otherwise, to any parent, subsidiary or affiliated entities of Subscriber. This license is valid for installation in Australia only and governs any future releases, revisions or enhancements to the Services. This Agreement shall not be deemed to constitute a sale of the Application and no title or proprietary rights to the Application or Services are transferred to the Subscriber hereby. All rights not expressly granted hereunder are reserved to Ricoh and/or its licensors. Further, any reference to the ordering documentation shall be deemed reference to the information you provided when registering for the Trial. Your use of the license granted is limited to Subscriber and two (2) additional Users with a maximum of five (5) connections. You must purchase a license for continued use after the Trial Period. If no license has been purchased prior to the end of the Trial Periodfree trial period for which Customer registered to use the applicable SaaS Service, or (b) the start date of any Subscription Term for such SaaS Service, or (c) termination by Intraway in its sole discretion. at Additional trial terms and conditions may appear on the end of the Trial Period Subscriber Data will be handled as set forth in Section 7(dtrial registration web page. Any such additional terms and conditions are incorporated into this SaaS Agreement by reference and are legally binding. ANY DATA CUSTOMER ENTERS INTO THE SAAS SERVICE, AND ANY CUSTOMIZATIONS MADE TO THE SAAS SERVICE BY OR FOR CUSTOMER, DURING CUSTOMER’S FREE TRIAL WILL BE PERMANENTLY LOST UNLESS CUSTOMER PURCHASES A SUBSCRIPTION TO THE SAME SAAS SERVICES AS THOSE COVERED BY THE TRIAL, OR PURCHASES APPLICABLE UPGRADED SERVICES. CUSTOMER CANNOT TRANSFER DATA ENTERED OR CUSTOMIZATIONS MADE DURING THE FREE TRIAL TO A SERVICE THAT WOULD BE A DOWNGRADE FROM THAT COVERED BY THE TRIAL; THEREFORE, IF CUSTOMER PURCHASES A SERVICE THAT WOULD BE A DOWNGRADE FROM THAT COVERED BY THE TRIAL, CUSTOMER MUST EXPORT CUSTOMER DATA BEFORE THE END OF THE TRIAL PERIOD OR CUSTOMER DATA WILL BE PERMANENTLY LOST. NOTWITHSTANDING ANY REPRESENTATIONS, WARRANTIES, EXCLUSIVE REMEDIES, DISCLAIMERS AND INDEMNIFICATION BY INTRAWAY OBLIGATIONS BELOW, DURING THE FREE TRIAL THE SAAS SERVICES ARE PROVIDED “AS-IS” WITHOUT ANY WARRANTY AND INTRAWAY SHALL HAVE NO INDEMNIFICATION OBLIGATIONS NOR LIABILITY OF ANY TYPE WITH RESPECT TO THE SAAS SERVICES FOR THE FREE TRIAL PERIOD UNLESS SUCH EXCLUSION OF LIABILITY IS NOT ENFORCEABLE UNDER APPLICABLE LAW IN WHICH CASE INTRAWAY’S LIABILITY WITH RESPECT TO THE SAAS SERVICES PROVIDED DURING THE FREE TRIAL SHALL NOT EXCEED $100. WITHOUT LIMITING THE FOREGOING, INTRAWAY AND ITS AFFILIATES AND ITS LICENSORS DO NOT REPRESENT OR WARRANT TO CUSTOMER THAT: (A) above. BY YOUR CUSTOMER’S USE OF THE TRIALSAAS SERVICES DURING THE FREE TRIAL PERIOD WILL MEET CUSTOMER’S REQUIREMENTS, YOU ACKNOWLEDGE AND AGREE THAT YOUR RIGHT TO (B) CUSTOMER’S USE OF THE SERVICES DURING THE FREE TRIAL PERIOD WILL TERMINATE AFTER BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR, AND (C) USAGE DATA PROVIDED DURING THE FREE TRIAL PERIOD WILL BE ACCURATE. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THE “LIMITATION OF LIABILITY” SECTION BELOW, CUSTOMER SHALL BE FULLY LIABLE UNDER THIS SAAS AGREEMENT TO INTRAWAY AND ITS AFFILIATES FOR ANY DAMAGES ARISING OUT OF CUSTOMER’S USE OF THE SAAS SERVICES DURING THE FREE TRIAL PERIOD, ANY BREACH BY CUSTOMER OF THIS SAAS AGREEMENT AND ANY OF CUSTOMER’S INDEMNIFICATION OBLIGATIONS HEREUNDER. CUSTOMER SHALL REVIEW THE APPLICABLE SAAS SERVICE’S DOCUMENTATION DURING THE TRIAL PERIOD TO BECOME FAMILIAR WITH THE FEATURES AND THEREAFTER YOU WILL NOT BE ABLE TO USE FUNCTIONS OF THE SAAS SERVICES UNTIL YOU EXECUTE ORDERING DOCUMENTATION AND PAY THE RELATED CHARGESBEFORE MAKING A PURCHASE. ALL TRIALS ARE PROVIDED “AS IS” WITH NO WARRANTIES OF ANY TYPE WHATSOEVERIntraway’s direct competitors are prohibited from accessing the Saas Services Free Trial, AND NO SUPPORT AND MAINTENANCEexcept with Intraway’s prior written consent. In addition, the SaaS Services Free Trial may not be accessed exclusively for purposes of monitoring their availability, performance or functionality, or for any other benchmarking or competitive purposes.

Appears in 2 contracts

Samples: Software as a Service Agreement, Software as a Service Agreement

Trial. If the Application and Services are supplied 3.1 The Customer may also enter this Agreement by registering for a Free Trial. In this case, conditioned on a trial or other no charge basis (“Trial”), the Trial Period shall be sixty (60) days from first access of the Service and the terms of Section 4(a) above are replaced with the following: Subject to the terms and conditions of this Agreement, Ricoh hereby Situm grants to Subscriber a limited, Customer and Users for the period established in Clause 5.5 a non-exclusive, non-assignablerevocable, non- transferable, non-sublicensable, non- transferable subscription sublicensable right and license for (the “Free-Trial Period, License”) to (1) access and use the Services remotely over Subscription Services, only for Non Productive Uses, limited to the Internet, Service Capacity and solely for Subscriber's internal business purposes only. The license is granted solely to Subscriber as set forth herein, and not, by implication or otherwise, to any parent, subsidiary or affiliated entities of Subscriber. This license is valid for installation in Australia only and governs any future releases, revisions or enhancements to the Services. This Agreement shall not be deemed to constitute a sale of the Application and no title or proprietary rights to the Application or Services are transferred to the Subscriber hereby. All rights not expressly granted hereunder are reserved to Ricoh and/or its licensors. Further, any reference to the ordering documentation shall be deemed reference to the information you provided when registering for the Trial. Your use of the license granted is limited to Subscriber and two (2) additional Users with a maximum of five (5) connections. You must purchase a license to create Applications only for continued use after the Trial Period. If no license has been purchased prior to the end of the Trial Period. at the end of the Trial Period Subscriber Data will be handled Non Productive Uses, and solely for internal business purposes as set forth in Section 7(d) aboveherein. 3.2 THE FREE TRIAL IS MADE AVAILABLE TO CUSTOMER IN ORDER TO TEST THE SUBSCRIPTION SERVICES. WHEN MAKING A PURCHASE, THE CUSTOMER AGREES THAT HE HAS HAD THE OPPORTUNITY TO MAKE ALL THE NECESSARY TESTS TO VALIDATE THAT THE SUBSCRIPTION SERVICES PROVIDED MEET ITS NEEDS AND REQUIREMENTS. 3.3 ANY DATA CUSTOMER ENTERS INTO SITUM PLATFORM, AND ANY CUSTOMIZATIONS MADE TO SITUM PLATFORM OR THE SUBSCRIPTION SERVICES BY YOUR USE OR FOR CUSTOMER, DURING CUSTOMER’S FREE TRIAL MIGHT BE PERMANENTLY DELETED UNLESS CUSTOMER PURCHASES A SUBSCRIPTION TO THE SAME SERVICES AS THOSE COVERED BY THE TRIALBEFORE THE END OF THE TRIALTRIAL PERIOD. 3.4 NOTWITHSTANDING THE “WARRANTY AND DISCLAIMER” AND “LIMITATION OF LIABILITY” SECTION BELOW, YOU ACKNOWLEDGE AND AGREE THAT YOUR RIGHT TO USE DURING THE FREE TRIAL THE SERVICES WILL TERMINATE AFTER THE TRIAL PERIOD AND THEREAFTER YOU WILL NOT BE ABLE TO USE THE SERVICES UNTIL YOU EXECUTE ORDERING DOCUMENTATION AND PAY THE RELATED CHARGES. ALL TRIALS ARE PROVIDED “AS AS-IS” WITH WITHOUT ANY WARRANTY AND SITUM SHALL HAVE NO WARRANTIES INDEMNIFICATION OBLIGATIONS NOR LIABILITY OF ANY TYPE WHATSOEVER, AND NO SUPPORT AND MAINTENANCEWITH RESPECT TO THE SERVICES FOR THE FREE TRIAL PERIOD.

Appears in 1 contract

Samples: Master Subscription Agreement

Trial. If the Application This Section applies if Customer and Services are supplied on Xxxxxxx agree in an Order Form to a trial or other no charge basis of the Subscription Services (“TrialTrial Period”), the . Odaseva offers a free trial solely for a Trial Period shall be sixty of thirty (6030) days from first access unless a longer period is identified in the trial Order Form to enable the Customer to evaluate the Subscription Services for the purchase of the Service and the terms of Section 4(a) above a full-term subscription. Unless agreed to in an Order Form, no fees are replaced with the following: Subject due to the terms and conditions of Odaseva under this Agreement, Ricoh hereby grants to Subscriber a limited, a non-exclusive, non-assignable, non-sublicensable, non- transferable subscription license Agreement for the Trial Period, to access and use . Odaseva will purge Customer Materials within a reasonable period of time upon the Services remotely over the Internet, for Subscriber's internal business purposes only. The license is granted solely to Subscriber and not, by implication or otherwise, to any parent, subsidiary or affiliated entities of Subscriber. This license is valid for installation in Australia only and governs any future releases, revisions or enhancements to the Services. This Agreement shall not be deemed to constitute a sale of the Application and no title or proprietary rights to the Application or Services are transferred to the Subscriber hereby. All rights not expressly granted hereunder are reserved to Ricoh and/or its licensors. Further, any reference to the ordering documentation shall be deemed reference to the information you provided when registering for the Trial. Your use of the license granted is limited to Subscriber and two (2) additional Users with a maximum of five (5) connections. You must purchase a license for continued use after the Trial Period. If no license has been purchased prior to the end expiration of the Trial Period. at the end of the Trial Period Subscriber Data will be handled as set forth in Section 7(d) above. BY YOUR USE OF CUSTOMER ACKNOWLEDGES ODASEVA PROVIDES THE TRIALSUBSCRIPTION SERVICES, YOU ACKNOWLEDGE AND AGREE THAT YOUR RIGHT TO USE THE SERVICES WILL TERMINATE AFTER THE DURING ANY TRIAL PERIOD AND THEREAFTER YOU WILL NOT BE ABLE TO USE THE SERVICES UNTIL YOU EXECUTE ORDERING DOCUMENTATION AND PAY THE RELATED CHARGES. ALL TRIALS ARE PROVIDED PERIOD, ON AN “AS IS” WITH BASIS, AND XXXXXXX MAKES NO WARRANTIES OR REPRESENTATIONS TO CUSTOMER, ITS AUTHORIZED USERS OR TO ANY OTHER PARTY REGARDING THE ODASEVA IP, THE SUBSCRIPTION SERVICES OR ANY OTHER SERVICES OR MATERIALS PROVIDED HEREUNDER. IN NO EVENT WILL ODASEVA’S TOTAL LIABILITY TO CUSTOMER OR ITS AUTHORIZED USERS ARISING OUT OF ANY TYPE WHATSOEVEROR IN CONNECTION WITH SUBSCRIPTION SERVICES DURING THE TRIAL PERIOD EXCEED FIVE HUNDRED ($500) DOLLARS, REGARDLESS OF THE LEGAL OR EQUITABLE THEORY ON WHICH THE CLAIM OR LIABILITY IS BASED, AND NO SUPPORT AND MAINTENANCEWHETHER OR NOT ODASEVA WAS ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE. With respect to the trial, these terms supersede any conflicting terms in this Agreement. For the avoidance of doubt, Section 12 (Indemnification) of this Agreement does not apply to use of the Subscription Services during the Trial Period.

Appears in 1 contract

Samples: Terms of Use

Trial. If the Application and You register on our website for a free trial, We will make one or more Services are supplied available to You on a trial or other no basis free of charge basis until the earlier of (“Trial”), the Trial Period shall be sixty (60a) days from first access of the Service and the terms of Section 4(a) above are replaced with the following: Subject to the terms and conditions of this Agreement, Ricoh hereby grants to Subscriber a limited, a non-exclusive, non-assignable, non-sublicensable, non- transferable subscription license for the Trial Period, to access and use the Services remotely over the Internet, for Subscriber's internal business purposes only. The license is granted solely to Subscriber and not, by implication or otherwise, to any parent, subsidiary or affiliated entities of Subscriber. This license is valid for installation in Australia only and governs any future releases, revisions or enhancements to the Services. This Agreement shall not be deemed to constitute a sale of the Application and no title or proprietary rights to the Application or Services are transferred to the Subscriber hereby. All rights not expressly granted hereunder are reserved to Ricoh and/or its licensors. Further, any reference to the ordering documentation shall be deemed reference to the information you provided when registering for the Trial. Your use of the license granted is limited to Subscriber and two (2) additional Users with a maximum of five (5) connections. You must purchase a license for continued use after the Trial Period. If no license has been purchased prior to the end of the Trial Periodfree trial period for which you registered to use the applicable Service(s), or (b) the start date of any Purchased Service subscriptions ordered by You for such Service(s). at Additional trial terms and conditions may appear on the end of the Trial Period Subscriber Data will be handled as set forth in Section 7(d) abovetrial registration web page. Any such additional terms and conditions are incorporated into this Agreement by reference and are legally binding. ANY DATA YOU ENTER INTO THE SERVICES, AND ANY CUSTOMIZATIONS MADE TO THE SERVICES BY OR FOR YOU, DURING YOUR USE FREE TRIAL WILL BE PERMANENTLY LOST UNLESS YOU PURCHASE A SUBSCRIPTION TO THE SAME SERVICES AS THOSE COVERED BY THE TRIAL, PURCHASE UPGRADED SERVICES, OR EXPORT SUCH DATA, BEFORE THE END OF THE TRIAL PERIOD. YOU CANNOT TRANSFER DATA ENTERED OR CUSTOMIZATIONS MADE DURING THE FREE TRIAL TO A SERVICE THAT WOULD BE A DOWNGRADE FROM THAT COVERED BY THE TRIAL; THEREFORE, IF YOU PURCHASE A SERVICE THAT WOULD BE A DOWNGRADE FROM THAT COVERED BY THE TRIAL, YOU ACKNOWLEDGE AND AGREE THAT MUST EXPORT YOUR RIGHT TO USE DATA BEFORE THE SERVICES WILL TERMINATE AFTER END OF THE TRIAL PERIOD OR YOUR DATA WILL BE PERMANENTLY LOST. NOTWITHSTANDING SECTION 8 (REPRESENTATIONS, WARRANTIES, EXCLUSIVE REMEDIES AND THEREAFTER YOU WILL NOT BE ABLE TO USE DISCLAIMERS), DURING THE FREE TRIAL THE SERVICES UNTIL YOU EXECUTE ORDERING DOCUMENTATION AND PAY THE RELATED CHARGES. ALL TRIALS ARE PROVIDED “AS AS-IS” WITH NO WARRANTIES OF WITHOUT ANY TYPE WHATSOEVER, AND NO SUPPORT AND MAINTENANCEWARRANTY. Please review the Documentation during the trial period so that You become familiar with the features and functions of the Services before You make Your purchase.

Appears in 1 contract

Samples: Master Subscription Agreement

Trial. If the Application and You are granted a trial, We will make one or more Services are supplied available to You on a trial or other no charge basis until the earlier of (“Trial”), the Trial Period shall be sixty (60a) days from first access of the Service and the terms of Section 4(a) above are replaced with the following: Subject to the terms and conditions of this Agreement, Ricoh hereby grants to Subscriber a limited, a non-exclusive, non-assignable, non-sublicensable, non- transferable subscription license for the Trial Period, to access and use the Services remotely over the Internet, for Subscriber's internal business purposes only. The license is granted solely to Subscriber and not, by implication or otherwise, to any parent, subsidiary or affiliated entities of Subscriber. This license is valid for installation in Australia only and governs any future releases, revisions or enhancements to the Services. This Agreement shall not be deemed to constitute a sale of the Application and no title or proprietary rights to the Application or Services are transferred to the Subscriber hereby. All rights not expressly granted hereunder are reserved to Ricoh and/or its licensors. Further, any reference to the ordering documentation shall be deemed reference to the information you provided when registering for the Trial. Your use of the license granted is limited to Subscriber and two (2) additional Users with a maximum of five (5) connections. You must purchase a license for continued use after the Trial Period. If no license has been purchased prior to the end of the Trial Periodtrial period for which you registered to use the applicable Service(s), or (b) the start date of any Purchased Service subscriptions ordered by You for such Service(s). at Additional trial terms and conditions may be included in the end of the Trial Period Subscriber Data will be handled as set forth in Section 7(dtrial documentation. Any such additional terms and conditions are incorporated into this Agreement by reference and are legally binding. NOTWITHSTANDING SECTION 9 (REPRESENTATIONS, WARRANTIES, EXCLUSIVE REMEDIES AND DISCLAIMERS), DURING THE TRIAL THE SERVICES ARE PROVIDED “AS-IS” WITHOUT ANY WARRANTY. WITHOUT LIMITING THE FOREGOING, WE AND OUR AFFILIATES AND LICENSORS DO NOT REPRESENT OR WARRANT TO YOU THAT: (A) above. BY YOUR USE OF THE TRIAL, YOU ACKNOWLEDGE AND AGREE THAT YOUR RIGHT TO USE THE SERVICES WILL TERMINATE AFTER DURING THE TRIAL PERIOD AND THEREAFTER YOU WILL NOT BE ABLE TO MEET YOUR REQUIREMENTS, (B) YOUR USE OF THE SERVICES UNTIL YOU EXECUTE ORDERING DOCUMENTATION AND PAY DURING THE RELATED CHARGES. ALL TRIALS ARE PROVIDED “AS IS” WITH NO WARRANTIES OF ANY TYPE WHATSOEVERTRIAL PERIOD WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR, AND NO SUPPORT (C) USAGE DATA PROVIDED DURING THE TRIAL PERIOD WILL BE ACCURATE. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN SECTION 11.1 (LIMITATION OF LIABILITY), YOU SHALL BE FULLY LIABLE UNDER THIS AGREEMENT TO US AND MAINTENANCEOUR AFFILIATES FOR ANY DAMAGES ARISING OUT OF YOUR USE OF THE SERVICES DURING THE TRIAL PERIOD, ANY BREACH BY YOU OF THIS AGREEMENT AND ANY OF YOUR INDEMNIFICATION OBLIGATIONS HEREUNDER.

Appears in 1 contract

Samples: Software Subscription Agreement

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Trial. If the Application and You are granted a trial, We will make one or more Services are supplied available to You on a trial or other no charge basis until the earlier of (“Trial”), the Trial Period shall be sixty (60a) days from first access of the Service and the terms of Section 4(a) above are replaced with the following: Subject to the terms and conditions of this Agreement, Ricoh hereby grants to Subscriber a limited, a non-exclusive, non-assignable, non-sublicensable, non- transferable subscription license for the Trial Period, to access and use the Services remotely over the Internet, for Subscriber's internal business purposes only. The license is granted solely to Subscriber and not, by implication or otherwise, to any parent, subsidiary or affiliated entities of Subscriber. This license is valid for installation in Australia only and governs any future releases, revisions or enhancements to the Services. This Agreement shall not be deemed to constitute a sale of the Application and no title or proprietary rights to the Application or Services are transferred to the Subscriber hereby. All rights not expressly granted hereunder are reserved to Ricoh and/or its licensors. Further, any reference to the ordering documentation shall be deemed reference to the information you provided when registering for the Trial. Your use of the license granted is limited to Subscriber and two (2) additional Users with a maximum of five (5) connections. You must purchase a license for continued use after the Trial Period. If no license has been purchased prior to the end of the Trial Periodtrial period for which you registered to use the applicable Service(s), or (b) the start date of any Purchased Service subscriptions ordered by You for such Service(s). at Additional trial terms and conditions may be included in the end of the Trial Period Subscriber Data will be handled as set forth in Section 7(dtrial documentation. Any such additional terms and conditions are incorporated into this Agreement by reference and are legally binding. NOTWITHSTANDING SECTION 9 (REPRESENTATIONS, WARRANTIES, EXCLUSIVE REMEDIES AND DISCLAIMERS), DURING THE TRIAL THE SERVICES ARE PROVIDED “AS-IS” WITHOUT ANY WARRANTY. WITHOUT LIMITING THE FOREGOING, WE AND OUR AFFILIATES AND LICENSORS DO NOT REPRESENT OR WARRANT TO YOU THAT: (A) above. BY YOUR USE OF THE TRIAL, YOU ACKNOWLEDGE AND AGREE THAT YOUR RIGHT TO USE THE SERVICES WILL TERMINATE AFTER DURING THE TRIAL PERIOD AND THEREAFTER YOU WILL NOT BE ABLE TO MEET YOUR REQUIREMENTS, (B) YOUR USE OF THE SERVICES UNTIL DURING THE TRIAL PERIOD WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR, OR (C) USAGE DATA PROVIDED DURING THE TRIAL PERIOD WILL BE ACCURATE. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN SECTION 11.1 (LIMITATION OF LIABILITY), YOU EXECUTE ORDERING DOCUMENTATION SHALL BE FULLY LIABLE UNDER THIS AGREEMENT TO US AND PAY OUR AFFILIATES FOR ANY DAMAGES ARISING OUT OF YOUR USE OF THE RELATED CHARGES. ALL TRIALS ARE PROVIDED “AS IS” WITH NO WARRANTIES SERVICES DURING THE TRIAL PERIOD, ANY BREACH BY YOU OF THIS AGREEMENT AND ANY TYPE WHATSOEVER, AND NO SUPPORT AND MAINTENANCEOF YOUR INDEMNIFICATION OBLIGATIONS HEREUNDER.

Appears in 1 contract

Samples: Software Subscription Agreement

Trial. If the Application and You register on Our website for a free trial, We will make one or more Services are supplied available to You on a trial or other no basis free of charge basis until the earlier of (“Trial”), the Trial Period shall be sixty (60a) days from first access of the Service and the terms of Section 4(a) above are replaced with the following: Subject to the terms and conditions of this Agreement, Ricoh hereby grants to Subscriber a limited, a non-exclusive, non-assignable, non-sublicensable, non- transferable subscription license for the Trial Period, to access and use the Services remotely over the Internet, for Subscriber's internal business purposes only. The license is granted solely to Subscriber and not, by implication or otherwise, to any parent, subsidiary or affiliated entities of Subscriber. This license is valid for installation in Australia only and governs any future releases, revisions or enhancements to the Services. This Agreement shall not be deemed to constitute a sale of the Application and no title or proprietary rights to the Application or Services are transferred to the Subscriber hereby. All rights not expressly granted hereunder are reserved to Ricoh and/or its licensors. Further, any reference to the ordering documentation shall be deemed reference to the information you provided when registering for the Trial. Your use of the license granted is limited to Subscriber and two (2) additional Users with a maximum of five (5) connections. You must purchase a license for continued use after the Trial Period. If no license has been purchased prior to the end of the Trial Periodfree trial period for which You registered to use the applicable Service(s), or (b) the start date of any Purchased Service subscriptions ordered by You for such Service(s), or (c) termination by Us in our sole discretion. at Additional trial terms and conditions may appear on the end of the Trial Period Subscriber Data will be handled as set forth in Section 7(d) abovetrial registration web page. Any such additional terms and conditions are incorporated into this Agreement by reference and are legally binding. ANY DATA YOU ENTER INTO THE SERVICES, AND ANY CUSTOMIZATIONS MADE TO THE SERVICES BY OR FOR YOU, DURING YOUR USE FREE TRIAL WILL BE PERMANENTLY LOST UNLESS YOU PURCHASE A SUBSCRIPTION TO THE SAME SERVICES AS THOSE COVERED BY THE TRIAL, PURCHASE APPLICABLE UPGRADED SERVICES, OR EXPORT SUCH DATA, BEFORE THE END OF THE TRIAL PERIOD. YOU CANNOT TRANSFER DATA ENTERED OR CUSTOMIZATIONS MADE DURING THE FREE TRIAL TO A SERVICE THAT WOULD BE A DOWNGRADE FROM THAT COVERED BY THE TRIAL; THEREFORE, IF YOU PURCHASE A SERVICE THAT WOULD BE A DOWNGRADE FROM THAT COVERED BY THE TRIAL, YOU ACKNOWLEDGE AND AGREE THAT MUST EXPORT YOUR RIGHT TO USE DATA BEFORE THE SERVICES WILL TERMINATE AFTER END OF THE TRIAL PERIOD OR YOUR DATA WILL BE PERMANENTLY LOST. NOTWITHSTANDING SECTION 9 (REPRESENTATIONS, WARRANTIES, EXCLUSIVE REMEDIES AND THEREAFTER YOU WILL NOT BE ABLE TO USE DISCLAIMERS), DURING THE FREE TRIAL THE SERVICES UNTIL YOU EXECUTE ORDERING DOCUMENTATION AND PAY THE RELATED CHARGES. ALL TRIALS ARE PROVIDED “AS ?AS-IS” WITH NO WARRANTIES OF ? WITHOUT ANY TYPE WHATSOEVER, AND NO SUPPORT AND MAINTENANCE.WARRANTY. Please review the applicable Service?s Documentation during the trial period so that You become familiar with the features and functions of the Services before You make Your purchase. OUR RESPONSIBILITIES

Appears in 1 contract

Samples: Service Agreement

Trial. If the Application and Services are supplied on a trial or other no charge basis (“Trial”), the Trial Period shall be sixty (60) 60 days from first access of the Service and the terms of Section 4(a) above are replaced with the following: Subject to the terms and conditions of this Agreement, Ricoh hereby grants to Subscriber a limited, a non-exclusive, non-assignable, non-sublicensable, non- transferable subscription license for the Trial Period, to access and use the Services remotely over the Internet, for Subscriber's internal business purposes only. The license is granted solely to Subscriber and not, by implication or otherwise, to any parent, subsidiary or affiliated entities of Subscriber. This license is valid for installation in Australia Vietnam only and governs any future releases, revisions or enhancements to the Services. This Agreement shall not be deemed to constitute a sale of the Application and no title or proprietary rights to the Application or Services are transferred to the Subscriber hereby. All rights not expressly granted hereunder are reserved to Ricoh and/or its licensors. Further, any reference to the ordering documentation shall be deemed reference to the information you provided when registering for the Trial. Your use of the license granted is limited to Subscriber and two (2) additional Users with a maximum of five (5) connections. You must purchase a license for continued use after the Trial Period. If no license has been purchased prior to the end of the Trial Period. at the end of the Trial Period Subscriber Data will be handled as set forth in Section 7(d) above. BY YOUR USE OF THE TRIAL, YOU ACKNOWLEDGE AND AGREE THAT YOUR RIGHT TO USE THE SERVICES WILL TERMINATE AFTER THE TRIAL PERIOD AND THEREAFTER YOU WILL NOT BE ABLE TO USE THE SERVICES UNTIL YOU EXECUTE ORDERING DOCUMENTATION AND PAY THE RELATED CHARGES. ALL TRIALS ARE PROVIDED “AS IS” WITH NO WARRANTIES OF ANY TYPE WHATSOEVER, AND NO SUPPORT AND MAINTENANCE.

Appears in 1 contract

Samples: Subscription Agreement

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