Common use of Evaluation Application and Features Clause in Contracts

Evaluation Application and Features. Caterpillar may designate the Mobile Application as a pre-release or evaluation application (“Evaluation Application”). In addition, during the Term, Caterpillar may, in its discretion, grant you a limited, non-exclusive, revocable right and license to access and use certain pre-release features and functions of the Mobile Application (“Evaluation Features”). The Evaluation Application and Evaluation Features are made available on a trial basis, solely in a non- production capacity for your own internal testing and evaluation of the Evaluation Application or Evaluation Features, as applicable. Notwithstanding anything to the contrary in this Agreement, the Evaluation Application or Evaluation Features will not be subject to support or other obligations of Caterpillar and are provided on an “AS IS”, “AS AVAILABLE” basis only and any information or data used in connection with the Evaluation Application or Evaluation Features may be corrupted or lost and may not be recoverable. Caterpillar may terminate your right to access and use the Evaluation Application or Evaluation Features at any time, in its sole discretion, upon reasonable notice to you in accordance with Section 12.9. All restrictions, limitations and obligations relating to your access to and use of the Mobile Application set forth in this Agreement shall apply to your access to and use of the Evaluation Application or Evaluation Features.

Evaluation Application and Features. Caterpillar may designate the Mobile Application as a pre-release or evaluation application (“"Evaluation Application”"). In addition, during the Term, Caterpillar may, in its discretion, grant you a limited, non-exclusive, revocable right and license to access and use certain pre-release features and functions of the Mobile Application (“"Evaluation Features”"). The Evaluation Application and Evaluation Features are made available on a trial basis, solely in a non- non-production capacity for your own internal testing and evaluation of the Evaluation Application or Evaluation Features, as applicable. Notwithstanding anything to the contrary in this Agreement, the Evaluation Application or Evaluation Features will not be subject to support or other obligations of Caterpillar and are provided on an “"AS IS”", “"AS AVAILABLE” " basis only and any information or data used in connection with the Evaluation Application or Evaluation Features may be corrupted or lost and may not be recoverable. Caterpillar may terminate your right to access and use the Evaluation Application or Evaluation Features at any time, in its sole discretion, upon reasonable notice to you in accordance with Section 12.9. All restrictions, limitations and obligations relating to your access to and use of the Mobile Application set forth in this Agreement shall apply to your access to and use of the Evaluation Application or Evaluation Features.

Evaluation Application and Features. Caterpillar may designate the Mobile Application as a pre-release or evaluation application (“Evaluation Application”). In addition, during the Term, Caterpillar may, in its discretion, grant you a limited, non-exclusive, revocable right and license to access and use certain pre-release features and functions of the Mobile Application (“Evaluation Features”). The Evaluation Application and Evaluation Features are made available on a trial basis, solely in a non- non-production capacity for your own internal testing and evaluation of the Evaluation Application or Evaluation Features, as applicable. Notwithstanding anything to the contrary in this Agreement, the Evaluation Application or Evaluation Features will not be subject to support or other obligations of Caterpillar and are provided on an “AS IS”, “AS AVAILABLE” basis only and any information or data used in connection with the Evaluation Application or Evaluation Features may be corrupted or lost and may not be recoverable. Caterpillar may terminate your right to access and use the Evaluation Application or Evaluation Features at any time, in its sole discretion, upon reasonable notice to you in accordance with Section 12.9. All restrictions, limitations and obligations relating to your access to and use of the Mobile Application set forth in this Agreement shall apply to your access to and use of the Evaluation Application or Evaluation Features.