Common use of Evaluation Use License Clause in Contracts

Evaluation Use License. In the event that the Customer Managed Software or Cloud Service is licensed only for evaluation use (“Evaluation Use License”), the terms of this paragraph shall apply. Delinea hereby grants Customer a personal, nonexclusive, non-transferable and non-sublicensable license to install, use and execute the Customer Managed Software or Cloud Service on a temporary evaluation basis (the “Evaluation Period”). This license to use the Customer Managed Software or Cloud Service commences on installation of the Customer Managed Software or use of the Cloud Service and, unless Customer and Delinea agree to a different period, will terminate after a period of thirty (30) days. Customer may use the Customer Managed Software or Cloud Service for the number of users and systems approved by Delinea during the Evaluation Period. Customer Managed Software or Cloud Service licensed for Evaluation Use will automatically disable itself at the end of the Evaluation Period, as it employs a restriction mechanism, which restricts the program to a limited working time. This restriction mechanism and the manner in which it enforces the restriction is maintained in confidence by Delinea as a trade secret, and Customer may not publish, disclose or reveal it. Customer agrees not to do anything to circumvent or defeat the restriction mechanism. Notwithstanding anything to the contrary in this Agreement, Sections 5 (Intellectual Property Indemnity), 7.1 (Customer Managed Software and Cloud Service Warranty), and 7.3 (Consulting Services Warranty) shall not apply to Evaluation Use Licenses.

Evaluation Use License. In the event that the Customer Managed Software or Cloud Service is licensed only for evaluation use (“Evaluation Use License”), the terms of this paragraph shall apply. Delinea hereby grants Customer a personal, nonexclusive, non-transferable and non-sublicensable license to install, use and execute the Customer Managed Software or Cloud Service on a temporary evaluation basis (the “Evaluation Period”). This license to use the Customer Managed Software or Cloud Service commences on installation of the Customer Managed Software or use of the Cloud Service and, unless Customer and Delinea agree to a different period, will terminate after a period of thirty (30) days. Customer may use the Customer Managed Software or Cloud Service for the number of users and systems approved by Delinea during the Evaluation Period. Customer Managed Software or Cloud Service licensed for Evaluation Use will automatically disable itself at the end of the Evaluation Period, as it employs a restriction mechanism, which restricts the program to a limited working time. This restriction mechanism and the manner in which it enforces the restriction is maintained in confidence by Delinea as a trade secret, and Customer may not publish, ,disclose or reveal it. Customer agrees not to do anything to circumvent or defeat the restriction mechanism. Notwithstanding anything to the contrary in this Agreement, Sections 5 (Intellectual Property Indemnity), 7.1 (Customer Managed Software and Cloud Service Warranty), and 7.3 (Consulting Services Warranty) shall not apply to Evaluation Use Licenses.