Common use of Free Offerings Clause in Contracts

Free Offerings. G2 may make Free Offerings available to You. Access to and use of the Free Offerings is subject to the terms and conditions of this Agreement. In the event of a conflict between this Section and any other portion of this Agreement, this Section shall control. Free Offerings are provided to You without charge up to certain limits as described in the Documentation. Usage over these limits requires Your purchase of subscriptions to the Offerings. You agree that G2, in its sole discretion and for any or no reason, may terminate Your use of or access to the Free Offerings or any part thereof. You agree that any termination of Your use of or access to the Free Offerings may be without prior notice, and You agree that G2 will not be liable to You or any third party for such termination. You are solely responsible for exporting Your Data and/or Your Content from the Free Offerings, if applicable, prior to termination of Your access to the Free Offerings for any reason, provided that if G2 terminates Your account, except as required by law, G2 will provide You a reasonable opportunity to retrieve Your Data and/or Your Content. NOTWITHSTANDING THE “REPRESENTATIONS, WARRANTIES, AND DISCLAIMERS” SECTION AND “INDEMNIFICATION BY G2” SECTION BELOW, THE FREE OFFERINGS ARE PROVIDED “AS-IS” WITHOUT ANY WARRANTY AND G2 SHALL HAVE NO INDEMNIFICATION OBLIGATIONS NOR LIABILITY OF ANY TYPE WITH RESPECT TO THE FREE OFFERINGS UNLESS SUCH EXCLUSION OF LIABILITY IS NOT ENFORCEABLE UNDER APPLICABLE LAW IN WHICH CASE G2’S LIABILITY WITH RESPECT TO THE FREE OFFERINGS SHALL NOT EXCEED $500.00. WITHOUT LIMITING THE FOREGOING, G2 AND ITS AFFILIATES AND LICENSORS DO NOT REPRESENT OR WARRANT THAT: (A) USE OF THE FREE OFFERINGS WILL MEET REQUIREMENTS, (B) USE OF THE FREE OFFERINGS WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR, AND (C) USAGE DATA PROVIDED THROUGH THE FREE OFFERINGS WILL BE ACCURATE. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THE “LIMITATION OF LIABILITY” SECTION BELOW, YOU SHALL BE FULLY LIABLE UNDER THIS AGREEMENT TO G2 AND ITS AFFILIATES FOR ANY DAMAGES ARISING OUT OF YOUR OR YOUR USERS’ USE OF THE FREE OFFERINGS, ANY BREACH BY YOU OR YOUR USERS OF THIS AGREEMENT, AND ANY OF YOUR INDEMNIFICATION OBLIGATIONS HEREUNDER.

Appears in 3 contracts

Samples: Master Subscription Agreement, Master Subscription Agreement, Master Subscription Agreement

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Free Offerings. G2 may make Free Offerings available to You. Access to and use Use of the Free Offerings is subject to the terms and conditions of this Agreement. In the event of a conflict between this Section and any other portion of this Agreement, this Section shall control. Free Offerings are provided to You without charge up to certain limits as described in the Documentation. Usage over these limits requires Your purchase of subscriptions to the additional resources or Offerings. You agree that G2, in its sole discretion and for any or no reason, may terminate Your use of or access to the Free Offerings or any part thereof. You agree that any termination of Your use of or access to the Free Offerings may be without prior notice, and You agree that G2 will not be liable to You or any third party for such termination. You are solely responsible for exporting Your Data and/or Your Content from the Free Offerings, if applicable, Offerings prior to termination of Your access to the Free Offerings for any reason, provided that if G2 terminates Your account, except as required by law, G2 will provide You a reasonable opportunity to retrieve Your Data and/or Your ContentData. NOTWITHSTANDING THE “REPRESENTATIONS, WARRANTIES, EXCLUSIVE REMEDIES AND DISCLAIMERS” SECTION AND “INDEMNIFICATION BY G2” SECTION BELOW, THE FREE OFFERINGS ARE PROVIDED “AS-IS” WITHOUT ANY WARRANTY AND G2 SHALL HAVE NO INDEMNIFICATION OBLIGATIONS NOR LIABILITY OF ANY TYPE WITH RESPECT TO THE FREE OFFERINGS UNLESS SUCH EXCLUSION OF LIABILITY IS NOT ENFORCEABLE UNDER APPLICABLE LAW IN WHICH CASE G2’S LIABILITY WITH RESPECT TO THE FREE OFFERINGS SHALL NOT EXCEED $500.00. WITHOUT LIMITING THE FOREGOING, G2 AND ITS AFFILIATES AND LICENSORS DO NOT REPRESENT OR WARRANT TO YOU THAT: (A) YOUR USE OF THE FREE OFFERINGS WILL MEET YOUR REQUIREMENTS, (B) YOUR USE OF THE FREE OFFERINGS WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR, AND (C) USAGE DATA PROVIDED THROUGH THE FREE OFFERINGS WILL BE ACCURATE. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THE “LIMITATION OF LIABILITY” SECTION BELOW, YOU SHALL BE FULLY LIABLE UNDER THIS AGREEMENT TO G2 AND ITS AFFILIATES FOR ANY DAMAGES ARISING OUT OF YOUR OR YOUR USERS’ USE OF THE FREE OFFERINGS, ANY BREACH BY YOU OR YOUR USERS OF THIS AGREEMENT, AGREEMENT AND ANY OF YOUR INDEMNIFICATION OBLIGATIONS HEREUNDER.

Appears in 1 contract

Samples: G2 Track Master Subscription Agreement

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