Common use of Evaluation Use Clause in Contracts

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.

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 OverOpsAppDynamics. OverOps AppDynamics 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 AppDynamics will apply to Evaluation Use. End User may use the number and type of licenses indicated by OverOps AppDynamics in writing prior to End User downloading or accessing the Software, which will be enabled by End User’s specific license key. OverOps AppDynamics 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.

Evaluation Use. If End User accessed the Software pursuant to a no-fee or beta evaluation (“Evaluation Use”), then the License Licence Term is for the period enabled by the license licence key for the Software provided by OverOpsAppDynamics. OverOps AppDynamics 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 AppDynamics will apply to Evaluation Use. End User may use the number and type of licenses licences indicated by OverOps AppDynamics in writing prior to End User downloading or accessing the Software, which will be enabled by End User’s specific license licence key. OverOps AppDynamics 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 penaltiesdamages, including payment of all applicable fees as though the Software were licensed licenced for payment.