Evaluation Use Clause Samples
The Evaluation Use clause defines the terms under which a party may use a product, service, or software solely for the purpose of evaluation or testing. Typically, this clause restricts the use to non-commercial, internal assessment, and may set a limited time frame or specific conditions for such use. By clearly outlining these boundaries, the clause ensures that the product is not exploited for commercial gain during the evaluation period and helps both parties understand the permissible scope of use before entering into a broader agreement.
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Evaluation Use. In the event that the Software is licensed only for Evaluation Use, the terms of this paragraph shall apply. Your license to use the Software commences on installation of the Software and, unless You and NetIQ agree to a different period, will terminate after a period of 30 days (the “Evaluation Period”). You may use the Software for an unlimited number of users and servers during the Evaluation Period. At the end of the Evaluation Period, Your license to use the Evaluation version of the Software is automatically terminated. You may not extend the time limits of the Software in any manner. At the end of the Evaluation Period You agree to de-install the Software and if required by NetIQ, return all copies or partial copies of the Software or certify to NetIQ that all copies or partial copies of the Software have been deleted from Your computer libraries and/or storage devices and have been destroyed. If You desire to continue Your use of the Software beyond the Evaluation Period, You must contact NetIQ to acquire a license to the Software for the applicable fee. EVALUATION SOFTWARE IS PROVIDED ON AN “AS IS” BASIS, WITHOUT WARRANTIES OR REPRESENTATIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OR REPRESENTATIONS OF TITLE OR NON-INFRINGEMENT.
Evaluation Use. If the Application is made available to Customer on an evaluation, demonstration or trial basis, then this Agreement will govern Customer’s access and use except as modified by this subsection 11.3. Any Application made available to Customer for evaluation, demonstration or trial purposes shall only be accessed and used for a limited period of time. Certain functionality of such Application may be disabled or restricted. Commercial use of such Application is not authorized, is outside the scope of this Agreement, and is a violation of U.S. and international copyright laws. Access to any Application made available on an evaluation, demonstration or trial basis shall be terminated and disabled by CCH upon the conclusion of the evaluation, demonstration or trial. Customer must purchase a Subscription from CCH before accessing or using the Application for any commercial purpose. The following sections of this Agreement shall not apply to any Application made available to Customer on an evaluation or trial basis: subsections 2.1, 8.1 and 8.2, and Sections 3, 4 and 5.
Evaluation Use. If End User accesses any software provided by AppDynamics pursuant to a no-fee or beta evaluation (“Beta Software”), then the License Term is for the period enabled by the license key for the Beta Software. AppDynamics shall have the right to terminate, downgrade, limit or otherwise modify the Beta Software at any time without notice or compensation, and no warranty, indemnity, availability, Maintenance or Support obligations of AppDynamics will apply to Beta Software. End User may use the number and type of licenses enabled by End User’s specific license key, but only to test and evaluate the Beta Software for its intended purpose. End User agrees to provide feedback related to the Beta Software as reasonably requested by AppDynamics. End User grants to AppDynamics, without charge, the fully paid-up, perpetual, sublicensable right to exploit such feedback for any purpose. The provision of Beta Software is not a guarantee of future product features or the availability of any future product and should not be relied upon in making any purchasing decisions. The Beta Software is subject to the terms of Section 1.2 (Restrictions on Use) to the same extent as the Software.
Evaluation Use. If You use any Evaluation Service, the terms of this Section 10 govern that use, and control over any conflicting provision of this Agreement. The term “Service Offering” includes an Evaluation Service in all provisions of this Agreement that are not in conflict with the provisions of this Section 10. This section does not apply to Service Offerings before they become generally available.
Evaluation Use. If Customer uses any Evaluation Service, the terms of this Section 2.5 govern that use, and control over any conflicting provision of this Agreement. The term “Service Offering” includes an Evaluation Service in all provisions of this Agreement that are not in conflict with the provisions of this Section 2.5.
Evaluation Use. You may evaluate Software internally for a period of 90 days from your first use.
Evaluation Use. If the Hosted Application is made available to Customer on an evaluation, demonstration or trial basis, then this Agreement will govern Customer’s access and use except as modified by this subsection 11.2. If the Hosted Application is made available to Customer for evaluation, demonstration or trial purposes it shall only be accessed and used for a limited period of time. Certain functionality of the Hosted Application may be disabled or restricted. Commercial use of the Hosted Application is not authorized, is outside the scope of this Agreement, and is a violation of U.S. and international copyright laws. Access to the Hosted Application made available on an evaluation, demonstration or trial basis shall be terminated and disabled by CCH SFS upon the conclusion of the evaluation, demonstration or trial. Customer must purchase a Subscription from CCH SFS before accessing or using the Hosted Application for any commercial purpose. The following sections of this Agreement shall not apply to any Hosted Application made available to Customer on an evaluation or trial basis: subsections 2.1, 8.1 and 8.2, and Sections 3, 4 and 5.
Evaluation Use. At Entrust’s discretion, it may provide Customer with access to and right to use any of the Hosted Services for evaluation purposes, in which case, notwithstanding anything to the contrary in the Agreement, either this Section 4.2 (Evaluation Use) or a separate evaluation agreement executed by the parties will apply. Subject to Customer’s compliance with all restrictions, conditions and obligations in the General Terms, this ECSS Schedule, the CPS and/or TPS, as applicable, and an applicable Order (if any), for sixty (60) days Customer may, solely as necessary for Customer’s evaluation of a Hosted Service, access and use the Hosted Service exclusively in, from and/or in connection with a Customer test (non-production) environment (and which environment contains, for clarity, only fictitious non-production data). For clarity, Certificates issued in connection with an evaluation of Certificate Services (“Trial Certificates”) shall have a maximum operational period of 60 days and may not be used for production purposes. Performance and security testing is expressly excluded from evaluation purposes and is strictly prohibited. Entrust may extend the evaluation period in writing at its discretion. Evaluation purposes exclude any purpose from which Customer (or any of its Users) generates revenue. Sections 4.1 (General Use), 8 (Support Services), 14.1 (Offering Term) and 19 (Publicity) do not apply to any evaluation of the Hosted Service. Entrust may in its sole discretion suspend or terminate any and all evaluation access and other evaluation rights to the Hosted Service at any time, for any or no reason, without advance notice. Customer will revoke any and all outstanding Trial Certificates when Customer has completed the evaluation but in all cases prior to the termination of the evaluation period or any trial account created for the evaluation. Customer hereby authorizes Entrust to revoke any and all outstanding Trial Certificates upon the termination of the evaluation period or any trial account created for the evaluation.
Evaluation Use. Subject to payment of all fees required pursuant to Section 8.0 and compliance by Licensee with the terms of this Agreement, including compliance with the Specifications, the Compliance Rules, Robustness Rules, and its RAND licensing obligations described in Section 7.0, CI Plus LLP hereby grants to Licensee a
Evaluation Use. If End User accessed the Software pursuant to a no-fee or beta evaluation (“Evaluation Use”), then the License Term is for the period enabled by the license key for the Software provided by OverOps. OverOps shall have the right to downgrade, limit or otherwise modify the Software provided for Evaluation Use at any time without notice, and no warranty, indemnity, Maintenance or Support obligations of OverOps will apply to Evaluation Use. End User may use the number and type of licenses indicated by OverOps in writing prior to End User downloading or accessing the Software, which will be enabled by End User’s specific license key. OverOps has the right to immediately revoke and terminate any Evaluation Use at any time. End User represents and warrants that: (i) End User has not previously evaluated the Software, and (ii) End User will not attempt to, by any means, evaluate the Software again without payment. End User agrees that breach of this provision or this Agreement may subject End User to monetary penalties, including payment of all applicable fees as though the Software were licensed for payment.