Common use of Evaluation Licence Clause in Contracts

Evaluation Licence. 3.1 In return for the mutual rights and obligations set out in the Agreement we grant you the right to use the Licensed Software for a period of 30 days from when it is installed by or on behalf of you ("Evaluation Period"). During the Evaluation Period you can decide whether or not the Licensed Software meets your requirements. The Evaluation Period may be extended by written agreement with us ("written" shall include an exchange of emails between you and us). 3.2 Before or upon expiry of the Evaluation Period: 3.2.1 If, in your sole opinion, the Licensed Software meets your requirements, and you wish to continue the Agreement, you shall pay us the Licence Fees and this Agreement shall then remain in full force and effect. 3.2.2 If you decide that the Licensed Software does not meet your requirements, or otherwise do not wish to enter into a paid up licence of the Licensed Software, then you shall destroy the Licensed Software and all copies, in any form including partial copies or modifications of the Licensed Software received from us or made in connection with this Agreement and all documentation relating thereto. Any rights of yours to use the Licensed Software shall cease. 3.3 During the Evaluation Period, you hereby agree that the Licensed Software is provided "AS IS" with no representation, guarantee or warranty of any kind as to its functionality, quality, performance, suitability or fitness for purpose. All other terms, conditions, representations and warranties expressed or implied whether by statute or otherwise are hereby expressly excluded. For the avoidance of doubt, unless and until you pay the relevant Licence Fees for the Licensed Software: (a) clauses 8.1, 8.3 and 12.2 of this Agreement shall not apply; and (b) clause 12.1 shall apply except that the reference to clause 12.2 is deleted.

Appears in 2 contracts

Sources: End User License Agreement (Eula), End User License Agreement (Eula)

Evaluation Licence. 3.1 In return for the mutual rights and obligations set out in the Agreement we grant you the right to use the Licensed Software for a period of 30 days from when it is installed by or on behalf of you ("Evaluation Period"). During the Evaluation Period you can decide whether or not the Licensed Software meets your requirements. The Evaluation Period may be extended by written agreement with us ("written" shall include an exchange of emails between you and us). 3.2 Before or upon expiry of the Evaluation Period: 3.2.1 If, in your sole opinion, the Licensed Software meets your requirements, and you wish to continue the Agreement, you shall pay us the Licence Fees and this Agreement shall then remain in full force and effect. 3.2.2 If you decide that the Licensed Software does not meet your requirements, or otherwise do not wish to enter into a paid up licence of the Licensed Software, then you shall destroy the Licensed Software and all copies, in any form including partial copies or modifications of the Licensed Software received from us or made in connection with this Agreement and all documentation relating thereto. Any rights of yours to use the Licensed Software shall cease. 3.3 During the Evaluation Period, you hereby agree that the Licensed Software is provided "AS IS" with no representation, guarantee or warranty of any kind as to its functionality, quality, performance, suitability or fitness for purpose. All other terms, conditions, representations and warranties expressed or implied whether by statute or otherwise are hereby expressly excluded. For the avoidance of doubt, unless and until you pay the relevant Licence Fees for the Licensed Software: (a) clauses 8.1, 8.3 and 12.2 of this Agreement shall not apply; and (b) clause 12.1 shall apply except that the reference to clause clause 12.2 is deleted.

Appears in 1 contract

Sources: End User License Agreement (Eula)