Common use of Evaluation Disclaimer Clause in Contracts

Evaluation Disclaimer. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS AGREEMENT, EXTRAHOP DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, FOR EVALUATION OFFERINGS. ALL EVALUATION OFFERINGS ARE PROVIDED TO CUSTOMER ON AN “AS IS” BASIS AT CUSTOMER’S OWN RISK AND EXTRAHOP WILL HAVE NO LIABILITY ASSOCIATED WITH THE EVALUATION OFFERINGS. 5.3 Care of Evaluation Hardware. Reasonable wear and tear excepted, Customer assumes all risk of theft, loss, damage or destruction of the Hardware component of any Evaluation Offering from the time such Hardware comes into Customer’s possession or control, until such Hardware is received by ExtraHop at the end of the evaluation period. Customer will use reasonable care to maintain and protect such Hardware and will reimburse ExtraHop for any costs of repair or replacement. Within ten (10) business days of the end of Customer’s use of the Evaluation Offering, Customer will, at its expense, securely package (in the original Hardware packaging) and ship the Hardware component(s) of any Evaluation Offering (s) and all components and related materials to ExtraHop.