Common use of Free Trial Clause in Contracts

Free Trial. If Customer uses a Free Trial Service, PROS will make such Free Trial Service available to Customer on a trial basis, free of charge, until the earlier of (a) the end of the free trial period for which Customer agreed to use such Free Trial Service, (b) the start date of any Subscription Service purchased by Customer for the same service, or (c) termination of the Free Trial Service by PROS in its sole discretion. Additional trial terms and conditions may appear on the trial registration web page. Any such additional terms and conditions are incorporated into this Agreement by reference and are legally binding. Free Trial Services are provided for evaluation purposes and not for production use. Customer shall have sole responsibility and PROS assumes no liability for any Customer Data that Customer may choose to upload on the Free Trial Services. NOTWITHSTANDING SECTION 5 AND 6 ABOVE, FREE TRIAL SERVICES ARE PROVIDED “AS IS” WITH NO EXPRESS OR IMPLIED WARRANTY AND PROS SHALL HAVE NO INDEMNIFICATION OBLIGATIONS, NOR ANY LIABILITY OF ANY TYPE WITH RESPECT TO A FREE TRIAL SERVICE, UNLESS SUCH EXCLUSION OF LIABILITY IS UNENFORCEABLE UNDER APPLICABLE LAW IN WHICH CASE, PROS TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO A FREE TRIAL SERVICE IS US$1,000. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN SECTION 7 ABOVE, CUSTOMER SHALL BE FULLY LIABLE FOR ANY DAMAGES ARISING OUT OF ITS USE OF A FREE TRIAL SERVICE. ANY CUSTOMER DATA AND CONFIGURATIONS ENTERED INTO CUSTOMER’S FREE TRIAL SERVICE ACCOUNT MAY BE PERMANENTLY LOST UPON TERMINATION OF THE FREE TRIAL SERVICE.

Appears in 12 contracts

Samples: Master Subscription and Professional Services Agreement, Master Subscription and Professional Services Agreement, Subscription and Professional Services Agreement

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Free Trial. If Customer uses You register on our website for a Free Trial Servicefree trial, PROS We will make such Free Trial Service one or more Services available to Customer You on a trial basis, basis free of charge, charge until the earlier of (a) the end of the free trial period for which Customer agreed you registered to use such Free Trial Servicethe applicable Service(s), or (b) the start date of any Subscription Purchased Service purchased subscriptions ordered by Customer You for the same service, or (c) termination of the Free Trial Service by PROS in its sole discretionsuch Service(s). Additional trial terms and conditions may appear on the trial registration web page. Any such additional terms and conditions are incorporated into this Agreement by reference and are legally binding. Free Trial Services are provided for evaluation purposes and not for production useANY DATA YOU ENTER INTO THE SERVICES, AND ANY CUSTOMIZATIONS MADE TO THE SERVICES BY OR FOR YOU, DURING YOUR FREE TRIAL WILL BE PERMANENTLY LOST UNLESS YOU PURCHASE A SUBSCRIPTION TO THE SAME SERVICES AS THOSE COVERED BY THE TRIAL, PURCHASE UPGRADED SERVICES, OR EXPORT SUCH DATA, BEFORE THE END OF THE TRIAL PERIOD. Customer shall have sole responsibility and PROS assumes no liability for any Customer Data that Customer may choose to upload on the Free Trial ServicesYOU CANNOT TRANSFER DATA ENTERED OR CUSTOMIZATIONS MADE DURING THE FREE TRIAL TO A SERVICE THAT WOULD BE A DOWNGRADE FROM THAT COVERED BY THE TRIAL (E.G., FROM ENTERPRISE EDITION TO PROFESSIONAL EDITION); THEREFORE, IF YOU PURCHASE A SERVICE THAT WOULD BE A DOWNGRADE FROM THAT COVERED BY THE TRIAL, YOU MUST EXPORT YOUR DATA BEFORE THE END OF THE TRIAL PERIOD OR YOUR DATA WILL BE PERMANENTLY LOST. NOTWITHSTANDING SECTION 5 9 (REPRESENTATIONS, WARRANTIES, EXCLUSIVE REMEDIES AND 6 ABOVEDISCLAIMERS), DURING THE FREE TRIAL THE SERVICES ARE PROVIDED “AS AS-IS” WITH NO EXPRESS OR IMPLIED WARRANTY AND PROS SHALL HAVE NO INDEMNIFICATION OBLIGATIONS, NOR WITHOUT ANY LIABILITY OF ANY TYPE WITH RESPECT TO A FREE TRIAL SERVICE, UNLESS SUCH EXCLUSION OF LIABILITY IS UNENFORCEABLE UNDER APPLICABLE LAW IN WHICH CASE, PROS TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO A FREE TRIAL SERVICE IS US$1,000WARRANTY. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN SECTION 7 ABOVE, CUSTOMER SHALL BE FULLY LIABLE FOR ANY DAMAGES ARISING OUT OF ITS USE OF A FREE TRIAL SERVICEPlease review the User Guide during the trial period so that You become familiar with the features and functions of the Services before You make Your purchase. ANY CUSTOMER DATA AND CONFIGURATIONS ENTERED INTO CUSTOMER’S FREE TRIAL SERVICE ACCOUNT MAY BE PERMANENTLY LOST UPON TERMINATION OF THE FREE TRIAL SERVICE.Back to Top

Appears in 6 contracts

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

Free Trial. If Customer uses You register on Our website for a Free Trial Servicefree trial, PROS We will make such Free Trial Service one or more Services available to Customer You on a trial basis, basis free of charge, charge until the earlier of (a) the end of the free trial period for which Customer agreed You registered to use such Free Trial Servicethe applicable Service(s), or (b) the start date of any Subscription Purchased Service purchased subscriptions ordered by Customer You for the same servicesuch Service(s), or (c) termination of the Free Trial Service by PROS Us in its our sole discretion. Additional trial terms and conditions may appear on the trial registration web page. Any such additional terms and conditions are incorporated into this Agreement by reference and are legally binding. Free Trial Services are provided for evaluation purposes and not for production useANY DATA YOU ENTER INTO THE SERVICES, AND ANY CUSTOMIZATIONS MADE TO THE SERVICES BY OR FOR YOU, DURING YOUR FREE TRIAL WILL BE PERMANENTLY LOST UNLESS YOU PURCHASE A SUBSCRIPTION TO THE SAME SERVICES AS THOSE COVERED BY THE TRIAL, PURCHASE APPLICABLE UPGRADED SERVICES, OR EXPORT SUCH DATA, BEFORE THE END OF THE TRIAL PERIOD. Customer shall have sole responsibility and PROS assumes no liability for any Customer Data that Customer may choose to upload on the Free Trial ServicesYOU CANNOT TRANSFER DATA ENTERED OR CUSTOMIZATIONS MADE DURING THE FREE TRIAL TO A SERVICE THAT WOULD BE A DOWNGRADE FROM THAT COVERED BY THE TRIAL (E.G., FROM ENTERPRISE EDITION TO PROFESSIONAL EDITION); THEREFORE, IF YOU PURCHASE A SERVICE THAT WOULD BE A DOWNGRADE FROM THAT COVERED BY THE TRIAL, YOU MUST EXPORT YOUR DATA BEFORE THE END OF THE TRIAL PERIOD OR YOUR DATA WILL BE PERMANENTLY LOST. NOTWITHSTANDING SECTION 5 9 (REPRESENTATIONS, WARRANTIES, EXCLUSIVE REMEDIES AND 6 ABOVEDISCLAIMERS), DURING THE FREE TRIAL THE SERVICES ARE PROVIDED “AS AS-IS” WITH NO EXPRESS OR IMPLIED WARRANTY AND PROS SHALL HAVE NO INDEMNIFICATION OBLIGATIONS, NOR WITHOUT ANY LIABILITY OF ANY TYPE WITH RESPECT TO A FREE TRIAL SERVICE, UNLESS SUCH EXCLUSION OF LIABILITY IS UNENFORCEABLE UNDER APPLICABLE LAW IN WHICH CASE, PROS TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO A FREE TRIAL SERVICE IS US$1,000WARRANTY. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN SECTION 7 ABOVE, CUSTOMER SHALL BE FULLY LIABLE FOR ANY DAMAGES ARISING OUT OF ITS USE OF A FREE TRIAL SERVICE. ANY CUSTOMER DATA AND CONFIGURATIONS ENTERED INTO CUSTOMER’S FREE TRIAL SERVICE ACCOUNT MAY BE PERMANENTLY LOST UPON TERMINATION OF THE FREE TRIAL SERVICEPlease review the applicable Service’s Documentation during the trial period so that You become familiar with the features and functions of the Services before You make Your purchase.

Appears in 6 contracts

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

Free Trial. If Customer uses registers on SFDC’s or an Affiliate’s website for a Free Trial Servicefree trial, PROS SFDC will make such Free Trial Service the applicable Service(s) available to Customer on a trial basis, basis free of charge, charge until the earlier of (a) the end of the free trial period for which Customer agreed registered to use such Free Trial Servicethe applicable Service(s), or (b) the start date of any Subscription Purchased Service purchased subscriptions ordered by Customer for the same servicesuch Service(s), or (c) termination of the Free Trial Service by PROS SFDC in its sole discretion. Additional trial terms and conditions may appear on the trial registration web page. Any such additional terms and conditions are incorporated into this Agreement by reference and are legally binding. Free Trial Services are provided for evaluation purposes and not for production useANY DATA CUSTOMER ENTERS INTO THE SERVICES, AND ANY CUSTOMIZATIONS MADE TO THE SERVICES BY OR FOR CUSTOMER, DURING CUSTOMER’S FREE TRIAL WILL BE PERMANENTLY LOST UNLESS CUSTOMER PURCHASES A SUBSCRIPTION TO THE SAME SERVICES AS THOSE COVERED BY THE TRIAL, PURCHASES APPLICABLE UPGRADED SERVICES, OR EXPORTS SUCH DATA, BEFORE THE END OF THE TRIAL PERIOD. Customer shall have sole responsibility and PROS assumes no liability for any Customer Data that Customer may choose to upload on the Free Trial ServicesCUSTOMER CANNOT TRANSFER DATA ENTERED OR CUSTOMIZATIONS MADE DURING THE FREE TRIAL TO A SERVICE THAT WOULD BE A DOWNGRADE FROM THAT COVERED BY THE TRIAL (E.G., FROM ENTERPRISE EDITION TO PROFESSIONAL EDITION); THEREFORE, IF CUSTOMER PURCHASES A SERVICE THAT WOULD BE A DOWNGRADE FROM THAT COVERED BY THE TRIAL, CUSTOMER MUST EXPORT CUSTOMER DATA BEFORE THE END OF THE TRIAL PERIOD OR CUSTOMER DATA WILL BE PERMANENTLY LOST. NOTWITHSTANDING THE “REPRESENTATIONS, WARRANTIES, EXCLUSIVE REMEDIES AND DISCLAIMERS” SECTION 5 AND 6 ABOVE“INDEMNIFICATION BY SFDC” SECTION BELOW, DURING THE FREE TRIAL THE SERVICES ARE PROVIDED “AS AS-IS” WITH NO EXPRESS OR IMPLIED WITHOUT ANY WARRANTY AND PROS SFDC SHALL HAVE NO INDEMNIFICATION OBLIGATIONS, OBLIGATIONS NOR ANY LIABILITY OF ANY TYPE WITH RESPECT TO A THE SERVICES FOR THE FREE TRIAL SERVICE, PERIOD UNLESS SUCH EXCLUSION OF LIABILITY IS UNENFORCEABLE NOT ENFORCEABLE UNDER APPLICABLE LAW IN WHICH CASE, PROS TOTAL AGGREGATE CASE SFDC’S LIABILITY ARISING OUT OF OR RELATING WITH RESPECT TO A THE SERVICES PROVIDED DURING THE FREE TRIAL SERVICE IS US$1,000SHALL NOT EXCEED $1,000.00. WITHOUT LIMITING THE FOREGOING, SFDC AND ITS AFFILIATES AND ITS LICENSORS DO NOT REPRESENT OR WARRANT TO CUSTOMER THAT: (A) CUSTOMER’S USE OF THE SERVICES DURING THE FREE TRIAL PERIOD WILL MEET CUSTOMER’S REQUIREMENTS, (B) CUSTOMER’S USE OF THE SERVICES DURING THE FREE TRIAL PERIOD WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR, AND (C) USAGE DATA PROVIDED DURING THE FREE TRIAL PERIOD WILL BE ACCURATE. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THE “LIMITATION OF LIABILITY” SECTION 7 ABOVEBELOW, CUSTOMER SHALL BE FULLY LIABLE UNDER THIS AGREEMENT TO SFDC AND ITS AFFILIATES FOR ANY DAMAGES ARISING OUT OF ITS CUSTOMER’S USE OF A FREE TRIAL SERVICE. ANY CUSTOMER DATA AND CONFIGURATIONS ENTERED INTO CUSTOMER’S FREE TRIAL SERVICE ACCOUNT MAY BE PERMANENTLY LOST UPON TERMINATION OF THE SERVICES DURING THE FREE TRIAL PERIOD, ANY BREACH BY CUSTOMER OF THIS AGREEMENT AND ANY OF CUSTOMER’S INDEMNIFICATION OBLIGATIONS HEREUNDER. CUSTOMER SHALL REVIEW THE APPLICABLE SERVICE’S DOCUMENTATION DURING THE TRIAL PERIOD TO BECOME FAMILIAR WITH THE FEATURES AND FUNCTIONS OF THE SERVICES BEFORE MAKING A PURCHASE.

Appears in 5 contracts

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

Free Trial. If Customer uses You register on our website for a Free Trial Servicefree trial, PROS We will make such Free Trial Service one or more Services available to Customer You on a trial basis, basis free of charge, charge until the earlier of (a) the end of the free trial period for which Customer agreed you registered to use such Free Trial Servicethe applicable Service(s), or (b) the start date of any Subscription Purchased Service purchased subscriptions ordered by Customer You for the same service, or (c) termination of the Free Trial Service by PROS in its sole discretionsuch Service(s). Additional trial terms and conditions may appear on the a trial registration web page. Any such additional terms and conditions are incorporated into this Agreement by reference and are legally binding. Free Trial Services are provided for evaluation purposes and not for production useANY DATA YOU ENTER INTO THE SERVICES, AND ANY CUSTOMIZATIONS MADE TO THE SERVICES BY OR FOR YOU, DURING YOUR FREE TRIAL WILL BE PERMANENTLY LOST UNLESS YOU PURCHASE A SUBSCRIPTION TO THE SAME SERVICES AS THOSE COVERED BY THE TRIAL, PURCHASE UPGRADED SERVICES, OR EXPORT SUCH DATA, BEFORE THE END OF THE TRIAL PERIOD. Customer shall have sole responsibility and PROS assumes no liability for any Customer Data that Customer may choose to upload on the Free Trial ServicesYOU CANNOT TRANSFER DATA ENTERED OR CUSTOMIZATIONS MADE DURING THE FREE TRIAL TO A SERVICE THAT WOULD BE A DOWNGRADE FROM THAT COVERED BY THE TRIAL; THEREFORE, IF YOU PURCHASE A SERVICE THAT WOULD BE A DOWNGRADE FROM THAT COVERED BY THE TRIAL, YOU MUST EXPORT YOUR DATA BEFORE THE END OF THE TRIAL PERIOD OR YOUR DATA WILL BE PERMANENTLY LOST. NOTWITHSTANDING SECTION 5 9 (REPRESENTATIONS, WARRANTIES, EXCLUSIVE REMEDIES AND 6 ABOVEDISCLAIMERS), DURING THE FREE TRIAL THE SERVICES ARE PROVIDED “AS AS-IS” WITH NO EXPRESS OR IMPLIED WARRANTY AND PROS SHALL HAVE NO INDEMNIFICATION OBLIGATIONS, NOR WITHOUT ANY LIABILITY OF ANY TYPE WITH RESPECT TO A FREE TRIAL SERVICE, UNLESS SUCH EXCLUSION OF LIABILITY IS UNENFORCEABLE UNDER APPLICABLE LAW IN WHICH CASE, PROS TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO A FREE TRIAL SERVICE IS US$1,000WARRANTY. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN SECTION 7 ABOVE, CUSTOMER SHALL BE FULLY LIABLE FOR ANY DAMAGES ARISING OUT OF ITS USE OF A FREE TRIAL SERVICE. ANY CUSTOMER DATA AND CONFIGURATIONS ENTERED INTO CUSTOMER’S FREE TRIAL SERVICE ACCOUNT MAY BE PERMANENTLY LOST UPON TERMINATION OF THE FREE TRIAL SERVICEPlease review Our Documentation during the trial period so that You become familiar with the features and functions of the Services before You make Your purchase.

Appears in 4 contracts

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

Free Trial. If Customer uses You register on our website for a Free Trial Servicefree trial, PROS We will make such Free Trial Service one or more Services available to Customer You on a trial basis, basis free of charge, charge until the earlier of (a) the end of the free trial period as per Our email notification, for which Customer agreed You registered or are registering to use such Free Trial Service, the applicable Service or (b) the start date of any Subscription Service purchased Purchased Services ordered by Customer for the same service, or (c) termination of the Free Trial Service by PROS in its sole discretionYou. Additional trial terms and conditions may appear on the trial registration web page. Any such additional terms and conditions are incorporated into this Agreement by reference and are legally bindingbinding upon You. Free Trial Services are provided for evaluation purposes and not for production useANY DATA YOU ENTER INTO THE SERVICES, AND ANY CUSTOMIZATIONS MADE TO THE SERVICES BY OR FOR YOU, DURING YOUR FREE TRIAL WILL BE PERMANENTLY LOST UNLESS YOU: (i) PURCHASE A SUBSCRIPTION TO THE SAME SERVICES AS THOSE COVERED BY THE TRIAL, (ii) PURCHASE UPGRADED SERVICES, OR (iii) EXPORT SUCH DATA, BEFORE THE END OF THE TRIAL PERIOD. Customer shall have sole responsibility and PROS assumes no liability for any Customer Data that Customer may choose to upload on the Free Trial ServicesYOU CANNOT TRANSFER DATA ENTERED OR CUSTOMIZATIONS MADE DURING THE FREE TRIAL TO A SERVICE THAT WOULD BE A DOWNGRADE FROM THAT COVERED BY THE TRIAL (E.G., FROM ENTERPRISE EDITION TO PROFESSIONAL EDITION OR FROM PROFESSIONAL EDITION TO TEAM EDITION); THEREFORE, IF YOU PURCHASE A SERVICE THAT WOULD BE A DOWNGRADE FROM THAT COVERED BY THE TRIAL, YOU MUST EXPORT YOUR DATA BEFORE THE END OF THE TRIAL PERIOD OR YOUR DATA WILL BE PERMANENTLY LOST. NOTWITHSTANDING SECTION 5 9 (WARRANTIES AND 6 ABOVEDISCLAIMERS) OR ANY OTHER PROVISIONS IN THIS AGREEMENT, DURING THE FREE TRIAL THE SERVICES ARE PROVIDED “AS AS-IS” WITH NO EXPRESS OR IMPLIED WARRANTY AND PROS SHALL HAVE NO INDEMNIFICATION OBLIGATIONS, NOR WITHOUT ANY LIABILITY OF ANY TYPE WITH RESPECT TO A FREE TRIAL SERVICE, UNLESS SUCH EXCLUSION OF LIABILITY IS UNENFORCEABLE UNDER APPLICABLE LAW IN WHICH CASE, PROS TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO A FREE TRIAL SERVICE IS US$1,000WARRANTY. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN SECTION 7 ABOVE, CUSTOMER SHALL BE FULLY LIABLE FOR ANY DAMAGES ARISING OUT OF ITS USE OF A FREE TRIAL SERVICE. ANY CUSTOMER DATA AND CONFIGURATIONS ENTERED INTO CUSTOMER’S FREE TRIAL SERVICE ACCOUNT MAY BE PERMANENTLY LOST UPON TERMINATION OF THE FREE TRIAL SERVICEPlease review the User Guide during the trial period so that You become familiar with the features and functions of the Services before You make any purchase.

Appears in 4 contracts

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

Free Trial. If Customer uses a Free Trial Service, PROS We will make such Free Trial Service the standard version of the Services available to Customer You on a trial basis, basis free of charge, charge until the earlier start date of (a) any Purchased Services ordered by You or the end of the free trial period for which Customer agreed to use such Free Trial Serviceyou registered, (b) the start date of any Subscription Service purchased by Customer for the same service, or (c) termination of the Free Trial Service by PROS in its sole discretionwhichever comes first. Additional trial terms and conditions may appear on the trial registration web page. Any such additional terms and conditions are incorporated into this Agreement by reference and are legally binding. Free Trial Services are provided for evaluation purposes and not for production use. Customer shall have sole responsibility and PROS assumes no liability for any Customer Data that Customer may choose to upload on the Free Trial ServicesANY DATA YOU ENTER INTO THE SERVICES, AND ANY IMPLEMENTATION MADE TO THE SERVICES BY OR FOR YOU, DURING YOUR FREE TRIAL WILL BE PERMANENTLY LOST UNLESS YOU PURCHASE A SUBSCRIPTION TO THE SAME SERVICES AS THOSE COVERED BY THE TRIAL, PURCHASE UPGRADED SERVICES, OR EXPORT SUCH DATA, BEFORE THE END OF THE TRIAL PERIOD. NOTWITHSTANDING SECTION 5 8 (WARRANTIES AND 6 ABOVEDISCLAIMERS), DURING THE FREE TRIAL TRIAL, THE SERVICES ARE PROVIDED “AS IS” WITH NO EXPRESS OR IMPLIED WARRANTY AND PROS SHALL HAVE NO INDEMNIFICATION OBLIGATIONS, NOR "AS-­IS" WITHOUT ANY LIABILITY OF ANY TYPE WITH RESPECT TO A FREE TRIAL SERVICE, UNLESS SUCH EXCLUSION OF LIABILITY IS UNENFORCEABLE UNDER APPLICABLE LAW IN WHICH CASE, PROS TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO A FREE TRIAL SERVICE IS US$1,000WARRANTY. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN SECTION 7 ABOVEHEREIN, CUSTOMER SHALL BE FULLY LIABLE FOR WE MAY IMMEDIATELY, UPON NOTICE AND WITHOUT THE OPPORTUNITY TO CURE, TERMINATE YOUR ACCESS TO THE SERVICES DURING ANY DAMAGES ARISING OUT OF ITS USE OF A FREE TRIAL SERVICEPERIOD IF YOU AND/OR YOUR USERS MATERIALLY BREACH THIS AGREEMENT. ANY CUSTOMER DATA AND CONFIGURATIONS ENTERED INTO CUSTOMER’S FREE TRIAL SERVICE ACCOUNT MAY BE PERMANENTLY LOST UPON TERMINATION OF THE FREE TRIAL SERVICEPlease review the Documentation during the trial period so that You become familiar with the features and functions of the Services before You make Your purchase.

Appears in 3 contracts

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

Free Trial. If Customer uses registers on Kong’s or an Affiliate’s website for a Free Trial Servicefree trial of the Software, PROS will make such Free Trial Service available or if Kong otherwise provide access to Customer to the Software for a free proof of concept, evaluation or other trial, then subject to the terms and conditions of this Agreement , Kong hereby grants to Customer a non-exclusive, non-transferable, worldwide, royalty- free, limited-term license to install and use the Software on a trial basis, basis free of charge, charge for evaluation purposes only until the earlier earliest of (ai) the end of the free trial period for which Customer agreed registered to use such Free Trial Servicethe Software or Kong otherwise made the free trial available, (bii) the start date of any Subscription Service purchased subscriptions ordered by Customer for the same serviceSoftware, or (ciii) termination of the Free Trial Service trial period by PROS Kong in its sole discretion. Additional trial terms and conditions may appear on the trial registration web pagepage or otherwise in the trial signup process. Any such additional terms and conditions are incorporated into this Agreement by reference and are legally binding. Free Trial Customer agrees it will not transmit, manage or control production data or production environments through the Software under a free trial. Kong will have no obligation to provide Support Services are provided for evaluation purposes and not for production useduring the free trial or to provide Updates during a free trial. Customer shall have sole responsibility and PROS assumes no liability for any Customer Data that During a free trial the Customer may choose only use the Software in a sandbox environment and only with mock data in a non-production environment. On termination of Customer’s license to upload on the Free Trial ServicesSoftware under a free trial, Customer must immediately stop using the Software and delete all copies of it from the Customer Network Environment, unless Customer continues its license to the Software under a free tier (if applicable) or purchased subscription. NOTWITHSTANDING SECTION 5 AND 6 ABOVEANY CONTRARY TERM SPECIFIED IN ANY OTHER SECTIONS OF THIS AGREEMENT, DURING THE FREE TRIAL SERVICES ARE TRIAL, THE SOFTWARE IS PROVIDED “AS AS-IS” WITH NO WITHOUT ANY WARRANTY OF ANY KIND (STATUTORY, EXPRESS OR IMPLIED WARRANTY IMPLIED) AND PROS SHALL KONG WILL HAVE NO INDEMNIFICATION OBLIGATIONS, NOR ANY OBLIGATIONS OR LIABILITY OF ANY TYPE WITH RESPECT TO A THE SOFTWARE OR OTHERWISE FOR ANY FREE PROOF OF CONCEPT, EVALUATION OR OTHER FREE TRIAL SERVICE, UNLESS SUCH THIS EXCLUSION OF LIABILITY IS UNENFORCEABLE NOT ENFORCEABLE UNDER APPLICABLE LAW IN WHICH CASE, PROS TOTAL AGGREGATE CASE KONG’S LIABILITY ARISING OUT OF OR RELATING TO A FREE TRIAL SERVICE IS US$1,000. NOTWITHSTANDING ANYTHING WITH RESPECT TO THE CONTRARY IN SECTION 7 ABOVE, CUSTOMER SHALL BE FULLY LIABLE FOR ANY DAMAGES ARISING OUT OF ITS USE OF A FREE TRIAL SERVICE. ANY CUSTOMER DATA AND CONFIGURATIONS ENTERED INTO CUSTOMER’S FREE TRIAL SERVICE ACCOUNT MAY BE PERMANENTLY LOST UPON TERMINATION OF SOFTWARE PROVIDED DURING THE FREE TRIAL SERVICEWILL NOT EXCEED $1,000.00.

Appears in 2 contracts

Samples: Kong Customer Agreement, Kong Customer Agreement

Free Trial. If Customer uses You register on Our website for a Free Trial Servicefree trial, PROS We will make such Free Trial Service one or more Services available to Customer You on a trial basis, basis free of charge, charge until the earlier of (a) the end of the free trial period We offer for which Customer agreed You registered to use such Free Trial Servicethe applicable Service(s), or (b) the start date of any Subscription Purchased Service purchased subscriptions ordered by Customer You for the same service, or (c) termination of the Free Trial Service by PROS in its sole discretionsuch Service(s). Additional trial terms and conditions may appear on the trial registration web page. Any such additional terms and conditions are incorporated into this Agreement by reference and are legally binding. Free Trial Services are provided for evaluation purposes and not for production useYOUR DATA ON OUR SYSTEMS OR IN OUR POSSESSION OR CONTROL, YOUR REPORTS, AND ANY CUSTOMIZATIONS MADE TO THE SERVICES BY OR FOR YOU, DURING YOUR FREE TRIAL MAY BE PERMANENTLY LOST OR DELETED AT THE END OF THE FREE TRIAL PERIOD UNLESS YOU PURCHASE A SUBSCRIPTION TO THE SAME SERVICES AS THOSE COVERED BY THE TRIAL OR PURCHASE UPGRADED SERVICES BEFORE THE END OF THE TRIAL PERIOD. Customer shall have sole responsibility and PROS assumes no liability for any Customer Data that Customer may choose to upload on the Free Trial ServicesWE ARE NOT LIABLE WHATSOEVER FOR ANY SUCH DATA LOSS. NOTWITHSTANDING SECTION 5 9 (REPRESENTATIONS, WARRANTIES, EXCLUSIVE REMEDIES AND 6 ABOVEDISCLAIMERS), DURING THE FREE TRIAL THE SERVICES ARE PROVIDED “AS AS-IS” WITH NO EXPRESS OR IMPLIED WARRANTY AND PROS SHALL HAVE NO INDEMNIFICATION OBLIGATIONS, NOR WITHOUT ANY LIABILITY OF ANY TYPE WITH RESPECT TO A FREE TRIAL SERVICE, UNLESS SUCH EXCLUSION OF LIABILITY IS UNENFORCEABLE UNDER APPLICABLE LAW IN WHICH CASE, PROS TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO A FREE TRIAL SERVICE IS US$1,000WARRANTY. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN SECTION 7 ABOVE, CUSTOMER SHALL BE FULLY LIABLE FOR ANY DAMAGES ARISING OUT OF ITS USE OF A FREE TRIAL SERVICE. ANY CUSTOMER DATA AND CONFIGURATIONS ENTERED INTO CUSTOMER’S FREE TRIAL SERVICE ACCOUNT MAY BE PERMANENTLY LOST UPON TERMINATION OF THE FREE TRIAL SERVICEPlease review the Documentation during the trial period so that You become familiar with the features and functions of the Services before You make Your purchase.

Appears in 2 contracts

Samples: Master Subscription Agreement, Master Subscription Agreement

Free Trial. If Customer uses Licensee registers for any Software on a Free Trial Servicefree trial, PROS evaluation or demonstration basis through Cognex’s website, Cognex will make such Free Trial Service Software available to Customer Licensee on a trial basis, basis free of charge, charge until the earlier of (a) the end of the free trial period for which Customer agreed Licensee registered to use such Free Trial Servicethe Software, or (b) the start date of any Subscription Service purchased subscriptions or license term in one or more Order Forms ordered by Customer Licensee and accepted by Cognex for the same servicesuch Software, or (c) termination of the Free Trial Service by PROS Cognex in its Cognex’s sole discretion. Additional trial terms and conditions may appear on the trial registration web page. Any such additional terms and conditions are incorporated into this Agreement by reference and are legally binding. Free Trial Services are provided for evaluation purposes and not for production use. Customer shall have sole responsibility and PROS assumes no liability for any Customer Data that Customer may choose to upload on the Free Trial Services. NOTWITHSTANDING SECTION 5 ANY DATA LICENSEE ENTERS INTO THE SOFTWARE, AND 6 ABOVEANY CUSTOMIZATIONS MADE TO THE SOFTWARE BY OR FOR LICENSEE, DURING LICENSEE’S FREE TRIAL SERVICES ARE PROVIDED “WILL BE PERMANENTLY LOST UNLESS LICENSEE ORDERS THE SAME SOFTWARE AS IS” WITH NO EXPRESS COVERED BY THE TRIAL, OR IMPLIED WARRANTY AND PROS SHALL HAVE NO INDEMNIFICATION OBLIGATIONSEXPORTS SUCH DATA, NOR ANY LIABILITY BEFORE THE END OF ANY TYPE WITH RESPECT TO A FREE THE TRIAL SERVICE, UNLESS SUCH EXCLUSION OF LIABILITY IS UNENFORCEABLE UNDER APPLICABLE LAW IN WHICH CASE, PROS TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO A FREE TRIAL SERVICE IS US$1,000PERIOD. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN SECTION 7 ABOVETHIS AGREEMENT, CUSTOMER SHALL BE FULLY LIABLE FOR ANY DAMAGES ARISING OUT OF ITS USE OF A FREE TRIAL SERVICE. ANY CUSTOMER DATA AND CONFIGURATIONS ENTERED INTO CUSTOMER’S FREE TRIAL SERVICE ACCOUNT MAY BE PERMANENTLY LOST UPON TERMINATION OF DURING THE FREE TRIAL SERVICEPERIOD THE SOFTWARE IS PROVIDED “AS-IS” WITHOUT ANY WARRANTY OF ANY KIND WHATSOEVER, WHETHER EXPRESS, IMPLIED OR STATUTORY, AND COGNEX DISCLAIMS ANY AND ALL SUCH WARRANTIES. BY DOWNLOADING, ACCESSING OR USING THE SOFTWARE ON SUCH A BASIS, LICENSEE ACCEPTS THE SOFTWARE ON AN “AS IS” BASIS AND WAIVES ALL EXPRESS AND IMPLIED WARRANTIES AND CONDITIONS DURING SUCH PERIOD OF USE. NO SUPPORT OR SERVICE LEVEL OBLIGATIONS OF COGNEX SHALL APPLY TO SUCH FREE TRIAL USE.

Appears in 2 contracts

Samples: License Agreement, License Agreement

Free Trial. If Customer uses a Free Trial Service, PROS will make such Free Trial Service available to Customer on a trial basis, free of charge, until the earlier of (a) the end of the free trial period for which Customer agreed to use such Free Trial Service, (b) the start date of any Subscription Service purchased by Customer for the same service, or (c) termination of the Free Trial Service by PROS in its sole discretion. Additional trial terms and conditions may appear on the trial registration web page. Any such additional terms and conditions are incorporated into this Agreement by reference and are legally binding. Free Trial Services are provided for evaluation purposes and not for production use. Customer shall have sole responsibility and PROS assumes no liability for any Customer Data that Customer may choose to upload on the Free Trial Services. NOTWITHSTANDING SECTION 5 AND 6 ABOVE, FREE TRIAL SERVICES ARE PROVIDED “AS IS” WITH NO EXPRESS OR IMPLIED WARRANTY AT ALL AND PROS SHALL HAVE NO INDEMNIFICATION OBLIGATIONS, NOR ANY LIABILITY OF ANY TYPE WITH RESPECT TO A FREE TRIAL SERVICE, UNLESS SUCH EXCLUSION OF LIABILITY IS UNENFORCEABLE UNDER APPLICABLE LAW IN WHICH CASE, PROS TOTAL AGGREGATE MAXIMUM LIABILITY ARISING OUT OF OR RELATING TO A FREE TRIAL SERVICE IS US$1,000. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN SECTION 7 ABOVE, CUSTOMER SHALL BE FULLY LIABLE FOR ANY DAMAGES ARISING OUT OF ITS USE OF A FREE TRIAL SERVICE. ANY CUSTOMER DATA AND CONFIGURATIONS ENTERED INTO CUSTOMER’S FREE TRIAL SERVICE ACCOUNT MAY BE PERMANENTLY LOST UPON TERMINATION OF THE FREE TRIAL SERVICE.

Appears in 2 contracts

Samples: Master Subscription and Professional Services Agreement, Master Subscription and Professional Services Agreement

Free Trial. If Customer uses registers on WOOQER’s or an Affiliate’s website for a Free Trial Servicefree trial, PROS WOOQER will make such Free Trial Service the applicable Service(s) available to Customer on a trial basis, basis free of charge, charge until the earlier of (a) the end of the free trial period for which Customer agreed registered to use such Free Trial Servicethe applicable Service(s), or (b) the start date of any Subscription Purchased Service purchased subscriptions ordered by Customer for the same servicesuch Service(s), or (c) termination of the Free Trial Service by PROS WOOQER in its sole discretion. Additional trial terms and conditions may appear on the trial registration web page. Any such additional terms and conditions are incorporated into this Agreement by reference and are legally binding. Free Trial Services are provided for evaluation purposes and not for production useANY DATA CUSTOMER ENTERS INTO THE SERVICES, AND ANY CUSTOMIZATIONS MADE TO THE SERVICES BY OR FOR CUSTOMER, DURING CUSTOMER’S FREE TRIAL WILL BE PERMANENTLY LOST. Customer shall have sole responsibility and PROS assumes no liability for any Customer Data that Customer may choose to upload on the Free Trial ServicesUNLESS CUSTOMER PURCHASES A SUBSCRIPTION TO THE SAME SERVICES AS THOSE COVERED BY THE TRIAL, PURCHASES APPLICABLE UPGRADED SERVICES, OR EXPORTS SUCH DATA, BEFORE THE END OF THE TRIAL PERIOD. CUSTOMER CANNOT TRANSFER DATA ENTERED OR CUSTOMIZATIONS MADE DURING THE FREE TRIAL TO A SERVICE THAT WOULD BE A DOWNGRADE FROM THAT COVERED BY THE TRIAL (E.G., FROM ENTERPRISE EDITION TO PROFESSIONAL EDITION); THEREFORE, IF CUSTOMER PURCHASES A SERVICE THAT WOULD BE A DOWNGRADE FROM THAT COVERED BY THE TRIAL, CUSTOMER MUST EXPORT CUSTOMER DATA BEFORE THE END OF THE TRIAL PERIOD OR CUSTOMER DATA WILL BE PERMANENTLY LOST. NOTWITHSTANDING THE “REPRESENTATIONS, WARRANTIES, EXCLUSIVE REMEDIES AND DISCLAIMERS” SECTION 5 AND 6 ABOVE“INDEMNIFICATION BY WOOQER” SECTION BELOW, DURING THE FREE TRIAL THE SERVICES ARE PROVIDED “AS AS-IS” WITH NO EXPRESS OR IMPLIED WITHOUT ANY WARRANTY AND PROS WOOQER SHALL HAVE NO INDEMNIFICATION OBLIGATIONS, OBLIGATIONS NOR ANY LIABILITY OF ANY TYPE WITH RESPECT TO A THE SERVICES FOR THE FREE TRIAL SERVICE, PERIOD UNLESS SUCH EXCLUSION OF LIABILITY IS UNENFORCEABLE NOT ENFORCEABLE UNDER APPLICABLE LAW IN WHICH CASE, PROS TOTAL AGGREGATE CASE WOOQER’S LIABILITY ARISING OUT OF OR RELATING WITH RESPECT TO A THE SERVICES PROVIDED DURING THE FREE TRIAL SERVICE IS US$1,000SHALL NOT EXCEED $1,000.00. WITHOUT LIMITING THE FOREGOING, WOOQER AND ITS AFFILIATES AND ITS LICENSORS DO NOT REPRESENT OR WARRANT TO CUSTOMER THAT: (A) CUSTOMER’S USE OF THE SERVICES DURING THE FREE TRIAL PERIOD WILL MEET CUSTOMER’S REQUIREMENTS, (B) CUSTOMER’S USE OF THE SERVICES DURING THE FREE TRIAL PERIOD WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR, AND (C) USAGE DATA PROVIDED DURING THE FREE TRIAL PERIOD WILL BE ACCURATE. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THE “LIMITATION OF LIABILITY” SECTION 7 ABOVEBELOW, CUSTOMER SHALL BE FULLY LIABLE UNDER THIS AGREEMENT TO WOOQER AND ITS AFFILIATES FOR ANY DAMAGES ARISING OUT OF ITS CUSTOMER’S USE OF A FREE TRIAL SERVICE. ANY CUSTOMER DATA AND CONFIGURATIONS ENTERED INTO CUSTOMER’S FREE TRIAL SERVICE ACCOUNT MAY BE PERMANENTLY LOST UPON TERMINATION OF THE SERVICES DURING THE FREE TRIAL SERVICEPERIOD, ANY BREACH BY CUSTOMER OF THIS AGREEMENT AND ANY OF CUSTOMER’S INDEMNIFICATION OBLIGATIONS HEREUNDER.

Appears in 2 contracts

Samples: Master Subscription Agreement, Master Subscription Agreement

Free Trial. If Customer uses You register for a Free Trial Servicefree trial or use one of our Demo Systems, PROS We will make such Free Trial Service one or more Services available to Customer You on a trial basis, basis free of charge, charge until the earlier of (a) the end of the free trial period for which Customer agreed You registered to use such Free Trial Servicethe applicable Service(s), or (b) the start date of any Subscription Purchased Service purchased subscriptions ordered by Customer You for the same servicesuch Service(s), or (c) termination of the Free Trial Service by PROS Us in its our sole discretion. Additional trial terms and conditions may appear on the trial registration web pageform. Any such additional terms and conditions are incorporated into this Agreement by reference and are legally binding. Free Trial Services are provided for evaluation purposes and not for production useANY DATA YOU ENTER INTO THE SERVICES, AND ANY CUSTOMISATIONS MADE TO THE SERVICES BY OR FOR YOU, DURING YOUR FREE TRIAL WILL BE PERMANENTLY LOST UNLESS YOU PURCHASE A SUBSCRIPTION TO THE SAME SERVICES AS THOSE COVERED BY THE TRIAL, PURCHASE APPLICABLE UPGRADED SERVICES, OR EXPORT SUCH DATA, BEFORE THE END OF THE TRIAL PERIOD. Customer shall have sole responsibility and PROS assumes no liability for any Customer Data that Customer may choose to upload on the Free Trial ServicesYOU CANNOT TRANSFER DATA ENTERED OR CUSTOMISATIONS MADE DURING THE FREE TRIAL TO A SERVICE THAT WOULD BE A DOWNGRADE FROM THAT COVERED BY THE TRIAL. THEREFORE, IF YOU PURCHASE A SERVICE THAT WOULD BE A DOWNGRADE FROM THAT COVERED BY THE TRIAL, YOU MUST EXPORT YOUR DATA BEFORE THE END OF THE TRIAL PERIOD OR YOUR DATA WILL BE PERMANENTLY LOST. NOTWITHSTANDING SECTION 5 9 (REPRESENTATIONS, WARRANTIES, EXCLUSIVE REMEDIES AND 6 ABOVEDISCLAIMERS), DURING THE FREE TRIAL THE SERVICES ARE PROVIDED “AS AS-IS” WITH NO EXPRESS OR IMPLIED WARRANTY AND PROS SHALL HAVE NO INDEMNIFICATION OBLIGATIONS, NOR WITHOUT ANY LIABILITY OF ANY TYPE WITH RESPECT TO A FREE TRIAL SERVICE, UNLESS SUCH EXCLUSION OF LIABILITY IS UNENFORCEABLE UNDER APPLICABLE LAW IN WHICH CASE, PROS TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO A FREE TRIAL SERVICE IS US$1,000. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN SECTION 7 ABOVE, CUSTOMER SHALL BE FULLY LIABLE FOR ANY DAMAGES ARISING OUT OF ITS USE OF A FREE TRIAL SERVICE. ANY CUSTOMER DATA AND CONFIGURATIONS ENTERED INTO CUSTOMER’S FREE TRIAL SERVICE ACCOUNT MAY BE PERMANENTLY LOST UPON TERMINATION OF THE FREE TRIAL SERVICEWARRANTY.

Appears in 1 contract

Samples: User Licence Agreement

Free Trial. If Customer uses With regard to any permitted access to and use of the Products by Company related to a free trial, evaluation, license key extension or other non-production use authorized by Sonatype (the “Free Trial ServiceUse”), PROS will Sonatype agrees to make such Free Trial Service Products available to Customer Company for a term to expire on a trial basis, free of charge, until the earlier of of: (a) the end of the free trial period for which Customer agreed you registered to use such Free Trial Service, the Product; or (b) the start date of any Subscription Service Subscriptions for such Product purchased by Customer for Company from Sonatype (the same service, or (c) termination of the Free Trial Service by PROS in its sole discretionUse Period”). Additional trial terms and conditions governing such Free Use may appear on the trial registration web page. Any be imposed by Sonatype, and any such additional terms and conditions are incorporated into this Agreement by reference and are legally binding. Free Trial Services are provided for evaluation purposes and not for production useANY DATA THAT COMPANY ENTERS INTO THE PRODUCTS, AND ANY PERMITTED CUSTOMIZATIONS MADE TO THE PRODUCTS BY OR FOR COMPANY, DURING THE FREE USE PERIOD WILL BE PERMANENTLY LOST UNLESS (a) COMPANY PURCHASES A SUBSCRIPTION TO THE SAME PRODUCTS AS THOSE COVERED BY THE FREE USE OR (b) EXPORTS SUCH DATA BEFORE THE END OF THE FREE USE PERIOD. Customer shall have sole responsibility and PROS assumes no liability for any Customer Data that Customer may choose to upload on the Free Trial ServicesCOMANY CANNOT TRANSFER DATA ENTERED OR CUSTOMIZATIONS MADE DURING THE FREE USE PERIOD TO A PRODUCT THAT WOULD BE A DOWNGRADE FROM THAT USED DURING THE FREE USE PERIOD AND, THEREFORE, IF COMPANY PURCHASES A PRODUCT THAT WOULD BE A DOWNGRADE COMPANY MUST EXPORT ITS DATA BEFORE THE END OF THE FREE USE PERIOD OR IT WILL BE PERMANENTLY LOST. NOTWITHSTANDING SECTION 5 8 (WARRANTIES AND 6 ABOVEDISCLAIMERS), DURING THE FREE TRIAL SERVICES USE PERIOD THE PRODUCTS ARE PROVIDED “AS AS-IS” WITH NO EXPRESS OR IMPLIED WARRANTY AND PROS SHALL HAVE NO INDEMNIFICATION OBLIGATIONS, NOR WITHOUT ANY LIABILITY OF ANY TYPE WITH RESPECT TO A FREE TRIAL SERVICE, UNLESS SUCH EXCLUSION OF LIABILITY IS UNENFORCEABLE UNDER APPLICABLE LAW IN WHICH CASE, PROS TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO A FREE TRIAL SERVICE IS US$1,000. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN SECTION 7 ABOVE, CUSTOMER SHALL BE FULLY LIABLE FOR ANY DAMAGES ARISING OUT OF ITS USE OF A FREE TRIAL SERVICE. ANY CUSTOMER DATA AND CONFIGURATIONS ENTERED INTO CUSTOMER’S FREE TRIAL SERVICE ACCOUNT MAY BE PERMANENTLY LOST UPON TERMINATION OF THE FREE TRIAL SERVICEWARRANTY.

Appears in 1 contract

Samples: License Agreement

Free Trial. If Customer uses registers on GPM Corp’s or an Affiliate’s website for a Free Trial Servicefree trial, PROS GPM Corp will make such Free Trial Service the applicable Service(s) available to Customer on a trial basis, basis free of charge, charge until the earlier of (a) the end of the free trial period for which Customer agreed registered to use such Free Trial Servicethe applicable Service(s), or (b) the start date of any Subscription Purchased Service purchased subscriptions ordered by Customer for the same servicesuch Service(s), or (c) termination of the Free Trial Service by PROS GPM Corp in its sole discretion. Additional trial terms and conditions may appear on the trial registration web page. Any such additional terms and conditions are incorporated into this Agreement by reference and are legally binding. Free Trial Services are provided for evaluation purposes and not for production useANY DATA CUSTOMER ENTERS INTO THE SERVICES, AND ANY CUSTOMIZATIONS MADE TO THE SERVICES BY OR FOR CUSTOMER, DURING CUSTOMER’S FREE TRIAL WILL BE PERMANENTLY LOST UNLESS CUSTOMER PURCHASES A SUBSCRIPTION TO THE SAME SERVICES AS THOSE COVERED BY THE TRIAL, PURCHASES APPLICABLE UPGRADED SERVICES, OR EXPORTS SUCH DATA, BEFORE THE END OF THE TRIAL PERIOD. Customer shall have sole responsibility and PROS assumes no liability for any Customer Data that Customer may choose to upload on the Free Trial ServicesCUSTOMER CANNOT TRANSFER DATA ENTERED OR CUSTOMIZATIONS MADE DURING THE FREE TRIAL TO A SERVICE THAT WOULD BE A DOWNGRADE FROM THAT COVERED BY THE TRIAL (E.G., FROM ENTERPRISE EDITION TO PROFESSIONAL EDITION); THEREFORE, IF CUSTOMER PURCHASES A SERVICE THAT WOULD BE A DOWNGRADE FROM THAT COVERED BY THE TRIAL, CUSTOMER MUST EXPORT CUSTOMER DATA BEFORE THE END OF THE TRIAL PERIOD OR CUSTOMER DATA WILL BE PERMANENTLY LOST. NOTWITHSTANDING THE “REPRESENTATIONS, WARRANTIES, EXCLUSIVE REMEDIES AND DISCLAIMERS” SECTION 5 AND 6 ABOVE“INDEMNIFICATION BY GPM CORP” SECTION BELOW, DURING THE FREE TRIAL THE SERVICES ARE PROVIDED “AS AS-IS” WITH NO EXPRESS OR IMPLIED WITHOUT ANY WARRANTY AND PROS GPM CORP SHALL HAVE NO INDEMNIFICATION OBLIGATIONS, OBLIGATIONS NOR ANY LIABILITY OF ANY TYPE WITH RESPECT TO A THE SERVICES FOR THE FREE TRIAL SERVICE, PERIOD UNLESS SUCH EXCLUSION OF LIABILITY IS UNENFORCEABLE NOT ENFORCEABLE UNDER APPLICABLE LAW IN WHICH CASE, PROS TOTAL AGGREGATE CASE GPM CORP’S LIABILITY ARISING OUT OF OR RELATING WITH RESPECT TO A THE SERVICES PROVIDED DURING THE FREE TRIAL SERVICE IS US$1,000SHALL NOT EXCEED $1,000.00. WITHOUT LIMITING THE FOREGOING, GPM CORP AND ITS AFFILIATES AND ITS LICENSORS DO NOT REPRESENT OR WARRANT TO CUSTOMER THAT: (A) CUSTOMER’S USE OF THE SERVICES DURING THE FREE TRIAL PERIOD WILL MEET CUSTOMER’S REQUIREMENTS, (B) CUSTOMER’S USE OF THE SERVICES DURING THE FREE TRIAL PERIOD WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR, AND (C) USAGE DATA PROVIDED DURING THE FREE TRIAL PERIOD WILL BE ACCURATE. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THE “LIMITATION OF LIABILITY” SECTION 7 ABOVEBELOW, CUSTOMER SHALL BE FULLY LIABLE UNDER THIS AGREEMENT TO GPM CORP AND ITS AFFILIATES FOR ANY DAMAGES ARISING OUT OF ITS CUSTOMER’S USE OF A FREE TRIAL SERVICE. ANY CUSTOMER DATA AND CONFIGURATIONS ENTERED INTO CUSTOMER’S FREE TRIAL SERVICE ACCOUNT MAY BE PERMANENTLY LOST UPON TERMINATION OF THE SERVICES DURING THE FREE TRIAL PERIOD, ANY BREACH BY CUSTOMER OF THIS AGREEMENT AND ANY OF CUSTOMER’S INDEMNIFICATION OBLIGATIONS HEREUNDER. CUSTOMER SHALL REVIEW THE APPLICABLE SERVICE’S DOCUMENTATION DURING THE TRIAL PERIOD TO BECOME FAMILIAR WITH THE FEATURES AND FUNCTIONS OF THE SERVICES BEFORE MAKING A PURCHASE.

Appears in 1 contract

Samples: Master Service Agreement

Free Trial. If Customer uses 3.1.1 Upon registration for a Free Trial Servicefree trial, PROS will if such free trial of the Services is provided, HW may make such Free Trial Service some of the Services either in full or in part available to Customer the Subscriber on a trial basis, basis free of charge, charge until the earlier of (a) the end of the free trial period specified in the Services Pack description or HW web page for which Customer agreed the Subscriber is registered or is registering to use such Free Trial Service, the applicable Services or (b) the start date of any Subscription Service purchased by Customer for subscription to the same service, or (c) termination of the Free Trial Service by PROS in its sole discretionServices. Additional trial terms and conditions may appear on the trial registration web pagepage or in the Services pack description. Any such additional terms and conditions are incorporated into this Agreement by reference and are legally binding. Free Trial Services are provided for evaluation purposes Terms and not for production useconditions of this Agreement with special conditions stated in Clause 3.1 apply also during the trial period. Customer shall have sole responsibility and PROS assumes no liability for any Customer Data that Customer may choose to upload on the Free Trial Services. NOTWITHSTANDING SECTION 5 ANY DATA THE SUBSCRIBER ENTERS INTO THE SYSTEM, AND 6 ABOVEANY CUSTOMIZATIONS MADE TO THE SYSTEM BY OR FOR THE SUBSCRIBER, DURING USER’S FREE TRIAL PERIOD WILL BE PERMANENTLY LOST UNLESS THE SUBSCRIBER SUBSCRIBES TO THE SAME SERVICES AS THAT COVERED BY THE TRIAL, SUBSCRIBES TO THE UPGRADED SERVICES, OR EXPORT SUCH DATA FROM THE SYSTEM, BEFORE THE END OF THE TRIAL PERIOD. THE SUBSCRIBER CANNOT TRANSFER DATA ENTERED OR CUSTOMIZATIONS MADE DURING THE FREE TRIAL TO A SYSTEM THAT WOULD BE A DOWNGRADE FROM THAT COVERED BY THE TRIAL; THEREFORE, IF THE SUBSCRIBER SUBSCRIBES TO THE SERVICES THAT WOULD BE A DOWNGRADE FROM THAT COVERED BY THE TRIAL, THE SUBSCRIBER MUST EXPORT IT’S DATA FROM THE SYSTEM BEFORE THE END OF THE TRIAL PERIOD OR IT’S DATA WILL BE PERMANENTLY LOST. DURING THE FREE TRIAL THE SERVICES ARE PROVIDED “AS IS” WITH NO EXPRESS OR IMPLIED WARRANTY AND PROS SHALL HAVE NO INDEMNIFICATION OBLIGATIONSWITHOUT ANY WARRANTY. The Subscriber shall review any available Documentation (e.g. manuals, NOR ANY LIABILITY OF ANY TYPE WITH RESPECT TO A FREE TRIAL SERVICEtraining materials, UNLESS SUCH EXCLUSION OF LIABILITY IS UNENFORCEABLE UNDER APPLICABLE LAW IN WHICH CASEdemos etc) as well as test the Services and the System during the trial period so that the Subscriber becomes familiar with the features and functions provided as well as finds it appropriate for itself and becomes familiar with the applicable fees and evaluates its material situation before the Subscriber starts the subscription to the Services. Should the Subscriber find the available Documentation, PROS TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO A FREE TRIAL SERVICE IS US$1,000. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN SECTION 7 ABOVEServices Pack description(s) not enough or the Free Trial Period not long enough for making a decision either the Services fit the purpose of the Subscriber and meet it’s expectations, CUSTOMER SHALL BE FULLY LIABLE FOR ANY DAMAGES ARISING OUT OF ITS USE OF A FREE TRIAL SERVICE. ANY CUSTOMER DATA AND CONFIGURATIONS ENTERED INTO CUSTOMER’S FREE TRIAL SERVICE ACCOUNT MAY BE PERMANENTLY LOST UPON TERMINATION OF THE FREE TRIAL SERVICEor to become fully familiar with the features and functions of the Services or to find out that applicable fees and terms are appropriate for the Subscriber, the Subscriber must not subscribe to the Services.

Appears in 1 contract

Samples: Subscription Agreement

Free Trial. If Customer uses You take part in a Free Trial Servicefree trial or use one of our Demo Systems, PROS We will make such Free Trial Service one or more Services available to Customer You on a trial basis, basis free of charge, charge until the earlier of (a) the end of the free trial period for which Customer agreed You registered to use such Free Trial Servicethe applicable Service(s), or (b) the start date of any Subscription Purchased Service purchased subscriptions ordered by Customer You for the same servicesuch Service(s), or (c) termination of the Free Trial Service by PROS Us in its our sole discretion. Additional trial terms and conditions may appear on the trial registration web pageform. Any such additional terms and conditions are incorporated into this Agreement by reference and are legally binding. Free Trial Services are provided for evaluation purposes and not for production useANY DATA YOU ENTER INTO THE SERVICES, AND ANY CUSTOMISATIONS MADE TO THE SERVICES BY OR FOR YOU, DURING YOUR FREE TRIAL WILL BE PERMANENTLY LOST UNLESS YOU PURCHASE A SUBSCRIPTION TO THE SAME SERVICES AS THOSE COVERED BY THE TRIAL, PURCHASE APPLICABLE UPGRADED SERVICES, OR EXPORT SUCH DATA, BEFORE THE END OF THE TRIAL PERIOD. Customer shall have sole responsibility and PROS assumes no liability for any Customer Data that Customer may choose to upload on the Free Trial ServicesYOU CANNOT TRANSFER DATA ENTERED OR CUSTOMISATIONS MADE DURING THE FREE TRIAL TO A SERVICE THAT WOULD BE A DOWNGRADE FROM THAT COVERED BY THE TRIAL. THEREFORE, IF YOU PURCHASE A SERVICE THAT WOULD BE A DOWNGRADE FROM THAT COVERED BY THE TRIAL, YOU MUST EXPORT YOUR DATA BEFORE THE END OF THE TRIAL PERIOD OR YOUR DATA WILL BE PERMANENTLY LOST. NOTWITHSTANDING SECTION 5 9 (REPRESENTATIONS, WARRANTIES, EXCLUSIVE REMEDIES AND 6 ABOVEDISCLAIMERS), DURING THE FREE TRIAL THE SERVICES ARE PROVIDED “AS AS-IS” WITH NO EXPRESS OR IMPLIED WARRANTY AND PROS SHALL HAVE NO INDEMNIFICATION OBLIGATIONS, NOR WITHOUT ANY LIABILITY OF ANY TYPE WITH RESPECT TO A FREE TRIAL SERVICE, UNLESS SUCH EXCLUSION OF LIABILITY IS UNENFORCEABLE UNDER APPLICABLE LAW IN WHICH CASE, PROS TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO A FREE TRIAL SERVICE IS US$1,000. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN SECTION 7 ABOVE, CUSTOMER SHALL BE FULLY LIABLE FOR ANY DAMAGES ARISING OUT OF ITS USE OF A FREE TRIAL SERVICE. ANY CUSTOMER DATA AND CONFIGURATIONS ENTERED INTO CUSTOMER’S FREE TRIAL SERVICE ACCOUNT MAY BE PERMANENTLY LOST UPON TERMINATION OF THE FREE TRIAL SERVICEWARRANTY.

Appears in 1 contract

Samples: User Licence Agreement

Free Trial. If Customer uses You register on our website for a Free Trial Servicefree trial, PROS We will make such Free Trial Service one or more Services available to Customer You on a trial basis, basis free of charge, charge until the earlier of (a) the end of the free trial period for which Customer agreed you registered to use such Free Trial Servicethe applicable Service(s), which will be for 30 consecutive calendar days starting on the day the trial environment was made available by Us to You (b) the start date of any Subscription Purchased Service purchased subscriptions ordered by Customer You for the same service, or (c) termination of the Free Trial Service by PROS in its sole discretionsuch Service(s). Additional trial terms and conditions may appear on the trial registration web page. Any such additional terms and conditions are incorporated into this Agreement by reference and are legally binding. Free Trial Services are provided for evaluation purposes and not for production useANY DATA YOU ENTER INTO THE SERVICES, AND ANY CUSTOMIZATIONS MADE TO THE SERVICES BY OR FOR YOU, DURING YOUR FREE TRIAL WILL BE PERMANENTLY LOST AT THE END OF THE TRIAL PERIOD UNLESS YOU PURCHASE A SUBSCRIPTION (TO THE SAME SERVICES AS THOSE COVERED BY THE TRIAL) BEFORE THE END OF THE TRIAL PERIOD. Customer shall have sole responsibility and PROS assumes no liability for any Customer Data that Customer may choose to upload on the Free Trial ServicesTHEREFORE IF YOU DO NOT WISH TO PURCHASE A SUBSCRIPTION IMMEDIATELY AFTER THE TRIAL PERIOD YOU MUST EXPORT YOUR DATA BEFORE THE END OF THE TRIAL PERIOD OR YOUR DATA WILL BE PERMANENTLY LOST. NOTWITHSTANDING SECTION 5 9 (REPRESENTATIONS, WARRANTIES, EXCLUSIVE REMEDIES AND 6 ABOVEDISCLAIMERS), DURING THE FREE TRIAL THE SERVICES ARE PROVIDED “AS AS-IS” WITH NO EXPRESS WITHOUT ANY WARRANTY OR IMPLIED WARRANTY AND PROS SHALL HAVE NO INDEMNIFICATION OBLIGATIONS, NOR ANY LIABILITY OF ANY TYPE WITH RESPECT TO A FREE TRIAL SERVICE, UNLESS SUCH EXCLUSION OF LIABILITY IS UNENFORCEABLE UNDER APPLICABLE LAW IN WHICH CASE, PROS TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO A FREE TRIAL SERVICE IS US$1,000SUPPORT. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN SECTION 7 ABOVE, CUSTOMER SHALL BE FULLY LIABLE FOR ANY DAMAGES ARISING OUT OF ITS USE OF A FREE TRIAL SERVICEPlease review any documentation that may be provided alongside the trial environment during the trial period so that You become familiar with the features and functions of the Services before You make Your purchase. ANY CUSTOMER DATA AND CONFIGURATIONS ENTERED INTO CUSTOMER’S FREE TRIAL SERVICE ACCOUNT MAY BE PERMANENTLY LOST UPON TERMINATION OF THE FREE TRIAL SERVICE.During your trial period you may purchase Smartlogic Professional Services for support or for training by contacting xxxx@xxxxxxxxxx.xxx. Back to Top

Appears in 1 contract

Samples: trial.smartlogic.com

Free Trial. If Customer uses registers on SFDC’s or an website for a Free Trial Servicefree trial, PROS SFDC will make such Free Trial Service the applicable ay Service(s) available to Customer on a trial basis, basis free of charge, charge until the earlier of (a) the end of the free trial period for which Customer agreed registered to use such Free Trial Servicethe applicable Service(s), or (b) the start date of any Subscription Purchased Service purchased subscriptions ordered by Customer for the same servicesuch Service(s), or (c) termination of the Free Trial Service by PROS SFDC in its sole discretion. Additional trial terms and conditions may 2m y A y ch h A y appear on the trial registration web page. Any such A3 ny su h additional terms and conditions are incorporated into this Agreement by reference ref rence and are legally binding. Free Trial Services are provided for evaluation purposes and not for production usely ANY DATA CUSTOMER ENTERS INTO THE SERVICES, AND ANY CUSTOMIZATIONS MADE TO THE SERVICES BY OR FOR CUSTOMER, DURING CUSTOMER’S FREE TRIAL WILL BE PERMANENTLY LOST UNLESS CUSTOMER PURCHASES A SUBSCRIPTION TO THE SAME SERVICES AS THOSE COVERED BY THE TRIAL, PURCHASES APPLICABLE UPGRADED SERVICES, OR EXPORTS SUCH DATA, BEFORE THE END OF THE TRIAL PERIOD. Customer shall have sole responsibility and PROS assumes no liability for any Customer Data that Customer may choose to upload on the Free Trial ServicesCUSTOMER CANNOT TRANSFER DATA ENTERED OR CUSTOMIZATIONS MADE DURING THE FREE TRIAL TO A SERVICE THAT WOULD BE A DOWNGRADE FROM THAT COVERED BY THE TRIAL (E.G., FROM ENTERPRISE EDITION TO PROFESSIONAL EDITION); THEREFORE, IF CUSTOMER PURCHASES A SERVICE THAT WOULD BE A DOWNGRADE FROM THAT COVERED BY THE TRIAL, CUSTOMER MUST EXPORT CUSTOMER DATA BEFORE THE END OF THE TRIAL PERIOD OR CUSTOMER DATA WILL BE PERMANENTLY LOST. NOTWITHSTANDING THE “REPRESENTATIONS, WARRANTIES, EXCLUSIVE REMEDIES AND DISCLAIMERS” SECTION 5 AND 6 ABOVE“INDEMNIFICATION BY SFDC” SECTION BELOW, DURING THE FREE TRIAL THE SERVICES A ARE PROVIDED “AS IS4AS-I WITH NO EXPRESS OR IMPLIED WITHOUT ANY WARRANTY AND PROS SFDC SHALL HAVE NO INDEMNIFICATION OBLIGATIONS, OBLIGATIONS NOR ANY LIABILITY OF ANY TYPE WITH RESPECT TO A THE SERVICES FOR THE FREE TRIAL SERVICE, PERIOD UNLESS SUCH EXCLUSION OF LIABILITY IS UNENFORCEABLE NOT ENFORCEABLE UNDER APPLICABLE LAW IN WHICH CASE, PROS TOTAL AGGREGATE CASE SFDC’S LIABILITY ARISING OUT OF OR RELATING TO A FREE TRIAL SERVICE IS US$1,000. NOTWITHSTANDING ANYTHING WITH RESPECT TO THE CONTRARY IN SECTION 7 ABOVE, CUSTOMER SHALL BE FULLY LIABLE FOR ANY DAMAGES ARISING OUT OF ITS USE OF A FREE TRIAL SERVICE. ANY CUSTOMER DATA AND CONFIGURATIONS ENTERED INTO CUSTOMER’S FREE TRIAL SERVICE ACCOUNT MAY BE PERMANENTLY LOST UPON TERMINATION OF SERVICES PROVIDED DURING THE FREE TRIAL SERVICE.SHALL NOT EXCEED $1,000.00. WITHOUT LIMITING THE FOREGOING, SFDC AND ITS AFFILIATES AND ITS LICENSORS DO NOT REPRESENT OR WARRANT TO CUSTOMER THAT: (A) CUSTOMER’S USE OF THE SERVICES DURING THE FREE TRIAL PERIOD WILL MEET CUSTOMER’S REQUIREMENTS, (B) CUSTOMER’S USE OF THE SERVICES DURING THE FREE TRIAL PERIOD WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR, AND U L L Y L A B L E F5 ULLY LIABLE

Appears in 1 contract

Samples: www.adamsdrafting.com

Free Trial. If Customer uses You register on our website for a Free Trial Servicefree trial, PROS if available, we will make such Free Trial Service one or more Services available to Customer You on a trial basis, basis free of charge, charge until the earlier of (a) the end of the free trial period for which Customer agreed you registered to use such Free Trial Servicethe applicable Service(s), or (b) the start date of any Subscription Purchased Service purchased subscriptions ordered by Customer You for the same service, or (c) termination of the Free Trial Service by PROS in its sole discretionsuch Service(s). Additional trial terms and conditions may appear on the trial registration web page. Any such additional terms and conditions are incorporated into this Agreement by reference and are legally binding. Free Trial Services are provided for evaluation purposes and not for production useANY DATA YOU ENTER INTO THE SERVICES, AND IF ANY CUSTOMIZATIONS MADE TO THE SERVICES BY OR FOR YOU, DURING YOUR FREE TRIAL WILL BE PERMANENTLY LOST UNLESS YOU PURCHASE A SUBSCRIPTION TO THE SAME SERVICES AS THOSE COVERED BY THE TRIAL, PURCHASE UPGRADED SERVICES, BEFORE THE END OF THE TRIAL PERIOD. Customer shall have sole responsibility and PROS assumes no liability for any Customer Data that Customer may choose to upload on the Free Trial ServicesYOU CANNOT TRANSFER DATA ENTERED OR CUSTOMIZATIONS MADE DURING THE FREE TRIAL TO A SERVICE THAT WOULD BE A DOWNGRADE FROM THAT COVERED BY THE TRIAL. THEREFORE, IF YOU PURCHASE A SERVICE THAT WOULD BE A DOWNGRADE FROM THAT COVERED BY THE TRIAL, YOUR DATA WILL BE PERMANENTLY LOST BY THE END OF THE TRIAL PERIOD. NOTWITHSTANDING SECTION 5 REPRESENTATIONS, WARRANTIES, EXCLUSIVE REMEDIES AND 6 ABOVEDISCLAIMERS, DURING THE FREE TRIAL THE SERVICES ARE PROVIDED “AS AS-IS” WITH NO EXPRESS OR IMPLIED WARRANTY AND PROS SHALL HAVE NO INDEMNIFICATION OBLIGATIONS, NOR WITHOUT ANY LIABILITY OF ANY TYPE WITH RESPECT TO A FREE TRIAL SERVICE, UNLESS SUCH EXCLUSION OF LIABILITY IS UNENFORCEABLE UNDER APPLICABLE LAW IN WHICH CASE, PROS TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO A FREE TRIAL SERVICE IS US$1,000. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN SECTION 7 ABOVE, CUSTOMER SHALL BE FULLY LIABLE FOR ANY DAMAGES ARISING OUT OF ITS USE OF A FREE TRIAL SERVICE. ANY CUSTOMER DATA AND CONFIGURATIONS ENTERED INTO CUSTOMER’S FREE TRIAL SERVICE ACCOUNT MAY BE PERMANENTLY LOST UPON TERMINATION OF THE FREE TRIAL SERVICEWARRANTY.

Appears in 1 contract

Samples: Terms of Service

Free Trial. If Customer uses You register on our Site for a Free Trial Servicefree trial, PROS We will make such Free Trial Service the Services available to Customer You on a trial basis, basis free of charge, charge until the earlier of (a) the end of the free trial period for which Customer agreed You registered or are registering to use such Free Trial Service, the applicable Service or (b) the start date of any Subscription Service purchased Purchased Services ordered by Customer for the same service, or (c) termination of the Free Trial Service by PROS in its sole discretionYou. Additional trial terms and conditions may appear on the trial registration web page. Any such additional terms and conditions are incorporated into this Agreement by reference and are legally binding. Free Trial Services are provided for evaluation purposes and not for production useANY DATA YOU ENTER OR RECEIVED BY YOU FROM THIRD PARTIES AND INCLUDED INTO THE SERVICES, AND ANY CUSTOMIZATIONS MADE TO THE SERVICES BY OR FOR YOU, DURING YOUR FREE TRIAL WILL BE PERMANENTLY LOST UNLESS YOU PURCHASE A SUBSCRIPTION TO THE SAME SERVICES AS THOSE COVERED BY THE TRIAL, PURCHASE UPGRADED SERVICES, OR EXPORT SUCH DATA, BEFORE THE END OF THE TRIAL PERIOD. Customer shall have sole responsibility and PROS assumes no liability for any Customer Data that Customer may choose to upload on the Free Trial ServicesYOU CANNOT TRANSFER DATA ENTERED OR CUSTOMIZATIONS MADE DURING THE FREE TRIAL TO A SERVICE THAT WOULD BE A DOWNGRADE FROM THAT COVERED BY THE TRIAL (E.G. FROM FIRST CLASS PLAN TO BUSINESS PLAN OR FROM BUSINESS PLAN TO ECONOMIC PLAN); THEREFORE, IF YOU PURCHASE A SERVICE THAT WOULD BE A DOWNGRADE FROM THAT COVERED BY THE TRIAL, YOU MUST EXPORT YOUR DATA BEFORE THE END OF THE TRIAL PERIOD OR YOUR DATA WILL BE PERMANENTLY LOST. NOTWITHSTANDING SECTION 5 WARRANTIES AND 6 ABOVEDISCLAIMERS, DURING THE FREE TRIAL THE SERVICES ARE PROVIDED “AS AS-IS” WITH NO EXPRESS OR IMPLIED WARRANTY AND PROS SHALL HAVE NO INDEMNIFICATION OBLIGATIONS, NOR WITHOUT ANY LIABILITY OF ANY TYPE WITH RESPECT TO A FREE TRIAL SERVICE, UNLESS SUCH EXCLUSION OF LIABILITY IS UNENFORCEABLE UNDER APPLICABLE LAW IN WHICH CASE, PROS TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO A FREE TRIAL SERVICE IS US$1,000WARRANTY. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN SECTION 7 ABOVE, CUSTOMER SHALL BE FULLY LIABLE FOR ANY DAMAGES ARISING OUT OF ITS USE OF A FREE TRIAL SERVICE. ANY CUSTOMER DATA AND CONFIGURATIONS ENTERED INTO CUSTOMER’S FREE TRIAL SERVICE ACCOUNT MAY BE PERMANENTLY LOST UPON TERMINATION OF THE FREE TRIAL SERVICEPlease review the Logbox Documentation during the trial period so that You become familiar with the features and functions of the Services before You make Your purchase.

Appears in 1 contract

Samples: Master Subscription Agreement

Free Trial. If Customer uses registers on Chrome DM’s or an Affiliate’s website for a Free Trial Servicefree trial, PROS Chrome DM will make such Free Trial Service the applicable Service(s) available to Customer on a trial basis, basis free of charge, charge until the earlier of (a) the end of the free trial period for which Customer agreed registered to use such Free Trial Servicethe applicable Service(s), or (b) the start date of any Subscription Purchased Service purchased subscriptions ordered by Customer for the same servicesuch Service(s), or (c) termination of the Free Trial Service by PROS Chrome DM in its sole discretion. Additional trial terms and conditions may appear on the trial registration web page. Any such additional terms and conditions are incorporated into this Agreement by reference and are legally binding. Free Trial Services are provided for evaluation purposes and not for production useANY DATA CUSTOMER ENTERS INTO THE SERVICES, AND ANY CUSTOMIZATIONS MADE TO THE SERVICES BY OR FOR CUSTOMER, DURING CUSTOMER’S FREE TRIAL WILL BE PERMANENTLY LOST UNLESS CUSTOMER PURCHASES A SUBSCRIPTION TO THE SAME SERVICES AS THOSE COVERED BY THE TRIAL, PURCHASES APPLICABLE UPGRADED SERVICES, OR EXPORTS SUCH DATA, BEFORE THE END OF THE TRIAL PERIOD. Customer shall have sole responsibility and PROS assumes no liability for any Customer Data that Customer may choose to upload on the Free Trial ServicesCUSTOMER CANNOT TRANSFER DATA ENTERED OR CUSTOMIZATIONS MADE DURING THE FREE TRIAL TO A SERVICE THAT WOULD BE A DOWNGRADE FROM THAT COVERED BY THE TRIAL; THEREFORE, IF CUSTOMER PURCHASES A SERVICE THAT WOULD BE A DOWNGRADE FROM THAT COVERED BY THE TRIAL, CUSTOMER MUST EXPORT CUSTOMER DATA BEFORE THE END OF THE TRIAL PERIOD OR CUSTOMER DATA WILL BE PERMANENTLY LOST. NOTWITHSTANDING THE “REPRESENTATIONS, WARRANTIES, EXCLUSIVE REMEDIES AND DISCLAIMERS” SECTION 5 AND 6 ABOVE“INDEMNIFICATION BY CHROME DM” SECTION BELOW, DURING THE FREE TRIAL THE SERVICES ARE PROVIDED “AS AS-IS” WITH NO EXPRESS OR IMPLIED WITHOUT ANY WARRANTY AND PROS CHROME DM SHALL HAVE NO INDEMNIFICATION OBLIGATIONS, OBLIGATIONS NOR ANY LIABILITY OF ANY TYPE WITH RESPECT TO A THE SERVICES FOR THE FREE TRIAL SERVICE, PERIOD UNLESS SUCH EXCLUSION OF LIABILITY IS UNENFORCEABLE NOT ENFORCEABLE UNDER APPLICABLE LAW IN WHICH CASE, PROS TOTAL AGGREGATE CASE CHROME DM’S LIABILITY ARISING OUT OF OR RELATING WITH RESPECT TO A THE SERVICES PROVIDED DURING THE FREE TRIAL SERVICE IS US$1,000SHALL NOT EXCEED INR 1,000.00. WITHOUT LIMITING THE FOREGOING, CHROME DM AND ITS AFFILIATES AND ITS LICENSORS DO NOT REPRESENT OR WARRANT TO CUSTOMER THAT: (A) CUSTOMER’S USE OF THE SERVICES DURING THE FREE TRIAL PERIOD WILL MEET CUSTOMER’S REQUIREMENTS, (B) CUSTOMER’S USE OF THE SERVICES DURING THE FREE TRIAL PERIOD WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR, AND (C) USAGE DATA PROVIDED DURING THE FREE TRIAL PERIOD WILL BE ACCURATE. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THE “LIMITATION OF LIABILITY” SECTION 7 ABOVEBELOW, CUSTOMER SHALL BE FULLY LIABLE UNDER THIS AGREEMENT TO CHROME DM AND ITS AFFILIATES FOR ANY DAMAGES ARISING OUT OF ITS CUSTOMER’S USE OF A FREE TRIAL SERVICE. ANY CUSTOMER DATA AND CONFIGURATIONS ENTERED INTO CUSTOMER’S FREE TRIAL SERVICE ACCOUNT MAY BE PERMANENTLY LOST UPON TERMINATION OF THE SERVICES DURING THE FREE TRIAL PERIOD, ANY BREACH BY CUSTOMER OF THIS AGREEMENT AND ANY OF CUSTOMER’S INDEMNIFICATION OBLIGATIONS HEREUNDER. CUSTOMER SHALL REVIEW THE APPLICABLE SERVICE’S DOCUMENTATION DURING THE TRIAL PERIOD TO BECOME FAMILIAR WITH THE FEATURES AND FUNCTIONS OF THE SERVICES BEFORE MAKING A PURCHASE.

Appears in 1 contract

Samples: Master Subscription Agreement

Free Trial. If Customer uses registers on ARX NIMBUS, LLC’s or an Affiliate’s website for a Free Trial Servicefree trial, PROS ARX NIMBUS, LLC will make such Free Trial Service the applicable Service(s) available to Customer on a trial basis, basis free of charge, charge until the earlier of (a) the end of the free trial period for which Customer agreed registered to use such Free Trial Servicethe applicable Service(s), or (b) the start date of any Subscription Purchased Service purchased subscriptions ordered by Customer for the same servicesuch Service(s), or (c) termination of the Free Trial Service by PROS ARX NIMBUS, LLC in its sole discretion. Additional trial terms and conditions may appear on the trial registration web page. Any such additional terms and conditions are incorporated into this Agreement by reference and are legally binding. Free Trial Services are provided for evaluation purposes and not for production use. Customer shall have sole responsibility and PROS assumes no liability for any Customer Data that Customer may choose to upload on the Free Trial Services. NOTWITHSTANDING SECTION 5 ANY DATA CUSTOMER ENTERS INTO THE SERVICES, AND 6 ABOVE, FREE TRIAL SERVICES ARE PROVIDED “AS IS” WITH NO EXPRESS OR IMPLIED WARRANTY AND PROS SHALL HAVE NO INDEMNIFICATION OBLIGATIONS, NOR ANY LIABILITY OF ANY TYPE WITH RESPECT TO A FREE TRIAL SERVICE, UNLESS SUCH EXCLUSION OF LIABILITY IS UNENFORCEABLE UNDER APPLICABLE LAW IN WHICH CASE, PROS TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO A FREE TRIAL SERVICE IS US$1,000. NOTWITHSTANDING ANYTHING CUSTOMIZATIONS MADE TO THE CONTRARY IN SECTION 7 ABOVESERVICES BY OR FOR CUSTOMER, CUSTOMER SHALL BE FULLY LIABLE FOR ANY DAMAGES ARISING OUT OF ITS USE OF A FREE TRIAL SERVICE. ANY CUSTOMER DATA AND CONFIGURATIONS ENTERED INTO DURING CUSTOMER’S FREE TRIAL SERVICE ACCOUNT MAY WILL BE PERMANENTLY LOST UPON TERMINATION UNLESS CUSTOMER PURCHASES A SUBSCRIPTION TO THE SAME SERVICES AS THOSE COVERED BY THE TRIAL, PURCHASES APPLICABLE UPGRADED SERVICES, OR EXPORTS SUCH DATA BEFORE THE END OF THE TRIAL PERIOD. CUSTOMER CANNOT TRANSFER DATA ENTERED OR CUSTOMIZATIONS MADE DURING THE FREE TRIAL TO A SERVICE THAT WOULD BE A DOWNGRADE FROM THAT COVERED BY THE TRIAL (E.G., FROM ENTERPRISE EDITION TO PROFESSIONAL EDITION); THEREFORE, IF CUSTOMER PURCHASES A SERVICE THAT WOULD BE A DOWNGRADE FROM THAT COVERED BY THE TRIAL, CUSTOMER MUST EXPORT CUSTOMER DATA BEFORE THE END OF THE TRIAL PERIOD OR CUSTOMER DATA WILL BE PERMANENTLY LOST. CUSTOMER SHALL REVIEW THE APPLICABLE SERVICE’S DOCUMENTATION DURING THE TRIAL PERIOD TO BECOME FAMILIAR WITH THE FEATURES AND FUNCTIONS OF THE SERVICES BEFORE MAKING A PURCHASE.

Appears in 1 contract

Samples: Master Subscription Agreement

Free Trial. If Customer uses You register on our website for a Free Trial Servicefree trial, PROS We will make such Free Trial Service one or more Services available to Customer You on a trial basis, basis free of charge, charge until the earlier of (a) the end of the free trial period for which Customer agreed you registered to use such Free Trial Servicethe applicable Service(s), or (b) the start date of any Subscription Purchased Service purchased subscriptions ordered by Customer You for the same service, or (c) termination of the Free Trial Service by PROS in its sole discretionsuch Service(s). Additional trial terms and conditions may appear on the trial registration web page. Any such additional terms and conditions are incorporated into this Agreement by reference and are legally binding. Free Trial Services are provided for evaluation purposes and not for production useANY DATA YOU ENTER INTO THE SERVICES, AND ANY CUSTOMIZATIONS MADE TO THE SERVICES BY OR FOR YOU, DURING YOUR FREE TRIAL WILL BE PERMANENTLY LOST UNLESS YOU PURCHASE A SUBSCRIPTION TO THE SAME SERVICES AS THOSE COVERED BY THE TRIAL, PURCHASE UPGRADED SERVICES, OR EXPORT SUCH DATA, BEFORE THE END OF THE TRIAL PERIOD. Customer shall have sole responsibility and PROS assumes no liability for any Customer Data that Customer may choose to upload on the Free Trial ServicesYOU CANNOT TRANSFER DATA ENTERED OR CUSTOMIZATIONS MADE DURING THE FREE TRIAL TO A SERVICE THAT WOULD BE A DOWNGRADE FROM THAT COVERED BY THE TRIAL (E.G., FROM ENTERPRISE EDITION TO PROFESSIONAL EDITION); THEREFORE, IF YOU PURCHASE A SERVICE THAT WOULD BE A DOWNGRADE FROM THAT COVERED BY THE TRIAL, YOU MUST EXPORT YOUR DATA BEFORE THE END OF THE TRIAL PERIOD OR YOUR DATA WILL BE PERMANENTLY LOST. NOTWITHSTANDING SECTION 5 9 (REPRESENTATIONS, WARRANTIES, EXCLUSIVE REMEDIES AND 6 ABOVEDISCLAIMERS), DURING THE FREE TRIAL THE SERVICES ARE PROVIDED “AS AS-IS” WITH NO EXPRESS OR IMPLIED WARRANTY AND PROS SHALL HAVE NO INDEMNIFICATION OBLIGATIONSWITHOUT ANY WARRANTY. Please review the User Guide during the trial period so that You become familiar with the features and functions of the Services before You make Your purchase. If You are located in the United States, NOR ANY LIABILITY OF ANY TYPE WITH RESPECT TO A FREE TRIAL SERVICE, UNLESS SUCH EXCLUSION OF LIABILITY IS UNENFORCEABLE UNDER APPLICABLE LAW IN WHICH CASE, PROS TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO A FREE TRIAL SERVICE IS US$1,000then during any free trial period We may disclose anonymous data about Your use of the Services (“Usage Statistics”) to our service providers for the purpose of helping us improve the Services. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN SECTION 7 ABOVE, CUSTOMER SHALL BE FULLY LIABLE FOR ANY DAMAGES ARISING OUT OF ITS USE OF A FREE TRIAL SERVICEAny such disclosures of Usage Statistics to our service providers will not include Your identity. ANY CUSTOMER DATA AND CONFIGURATIONS ENTERED INTO CUSTOMER’S FREE TRIAL SERVICE ACCOUNT MAY BE PERMANENTLY LOST UPON TERMINATION OF THE FREE TRIAL SERVICE.Back to Top

Appears in 1 contract

Samples: Master Subscription Agreement

Free Trial. If Customer uses You register on our website for a Free Trial Servicefree trial, PROS We will make such Free Trial Service one or more Services available to Customer You on a trial basis, basis free of charge, charge until the earlier of (a) the end of the free trial period for which Customer agreed you registered to use such Free Trial Servicethe applicable Service(s), or (b) the start date of any Subscription Purchased Service purchased subscriptions ordered by Customer You for the same service, or (c) termination of the Free Trial Service by PROS in its sole discretionsuch Service(s). Additional trial terms and conditions may appear on the trial registration web page. Any such additional terms and conditions are incorporated into this Agreement by reference and are legally binding. Free Trial Services are provided for evaluation purposes and not for production useANY DATA YOU ENTER INTO THE SERVICES, AND ANY CUSTOMIZATIONS MADE TO THE SERVICES BY OR FOR YOU, DURING YOUR FREE TRIAL WILL BE PERMANENTLY LOST UNLESS YOU PURCHASE A SUBSCRIPTION TO THE SAME SERVICES AS THOSE COVERED BY THE TRIAL, PURCHASE UPGRADED SERVICES, OR EXPORT SUCH DATA, BEFORE THE END OF THE TRIAL PERIOD. Customer shall have sole responsibility and PROS assumes no liability for any Customer Data that Customer may choose to upload on the Free Trial ServicesYOU CANNOT TRANSFER DATA ENTERED OR CUSTOMIZATIONS MADE DURING THE FREE TRIAL TO A SERVICE THAT WOULD BE A DOWNGRADE FROM THAT COVERED BY THE TRIAL (E.G., FROM ENTERPRISE EDITION TO PROFESSIONAL EDITION); THEREFORE, IF YOU PURCHASE A SERVICE THAT WOULD BE A DOWNGRADE FROM THAT COVERED BY THE TRIAL, YOU MUST EXPORT YOUR DATA BEFORE THE END OF THE TRIAL PERIOD OR YOUR DATA WILL BE PERMANENTLY LOST. NOTWITHSTANDING SECTION 5 9 (REPRESENTATIONS, WARRANTIES, EXCLUSIVE REMEDIES AND 6 ABOVEDISCLAIMERS), DURING THE FREE TRIAL THE SERVICES ARE PROVIDED “AS AS-IS” WITH NO EXPRESS OR IMPLIED WARRANTY AND PROS SHALL HAVE NO INDEMNIFICATION OBLIGATIONSWITHOUT ANY WARRANTY. Please review the Documentation during the trial period so that You become familiar with the features and functions of the Services before You make Your purchase. If You are located in the United States, NOR ANY LIABILITY OF ANY TYPE WITH RESPECT TO A FREE TRIAL SERVICE, UNLESS SUCH EXCLUSION OF LIABILITY IS UNENFORCEABLE UNDER APPLICABLE LAW IN WHICH CASE, PROS TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO A FREE TRIAL SERVICE IS US$1,000then during any free trial period We may disclose anonymous data about Your use of the Services (“Usage Statistics”) to our service providers for the purpose of helping us improve the Services. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN SECTION 7 ABOVE, CUSTOMER SHALL BE FULLY LIABLE FOR ANY DAMAGES ARISING OUT OF ITS USE OF A FREE TRIAL SERVICEAny such disclosures of Usage Statistics to our service providers will not include Your identity. ANY CUSTOMER DATA AND CONFIGURATIONS ENTERED INTO CUSTOMER’S FREE TRIAL SERVICE ACCOUNT MAY BE PERMANENTLY LOST UPON TERMINATION OF THE FREE TRIAL SERVICE.Back to Top

Appears in 1 contract

Samples: Master Subscription Agreement

Free Trial. If Customer uses registers on SFDC’s or an Affiliate’s website for a Free Trial Servicefree trial, PROS SFDC will make such Free Trial Service the applicable Service(s) available to Customer on a trial basis, basis free of charge, charge until the earlier of (a) the end of the free trial period for which Customer agreed registered to use such Free Trial Servicethe applicable Service(s), or (b) the start date of any Subscription Purchased Service purchased subscriptions ordered by Customer for the same servicesuch Service(s), or (c) termination of the Free Trial Service by PROS SFDC in its sole discretion. Additional trial terms and conditions may appear on the trial registration web page. Any such additional terms and conditions are incorporated into this Agreement by reference and are legally binding. Free Trial Services are provided for evaluation purposes and not for production useANY DATA CUSTOMER ENTERS INTO THE SERVICES, AND ANY CUSTOMIZATIONS MADE TO THE SERVICES BY OR FOR CUSTOMER, DURING CUSTOMER’S FREE TRIAL WILL BE PERMANENTLY LOST UNLESS CUSTOMER PURCHASES A SUBSCRIPTION TO THE SAME SERVICES AS THOSE COVERED BY THE TRIAL, PURCHASES APPLICABLE UPGRADED SERVICES, OR EXPORTS SUCH DATA, BEFORE THE END OF THE TRIAL PERIOD. Customer shall have sole responsibility and PROS assumes no liability for any Customer Data that Customer may choose to upload on the Free Trial ServicesCUSTOMER CANNOT TRANSFER DATA ENTERED OR CUSTOMIZATIONS MADE DURING THE FREE TRIAL TO A SERVICE THAT WOULD BE A DOWNGRADE FROM THAT COVERED BY THE TRIAL (E.G., FROM ENTERPRISE EDITION TO PROFESSIONAL EDITION); THEREFORE, IF CUSTOMER PURCHASES A SERVICE THAT WOULD BE A DOWNGRADE FROM THAT COVERED BY THE TRIAL, CUSTOMER MUST EXPORT CUSTOMER DATA BEFORE THE END OF THE TRIAL PERIOD OR CUSTOMER DATA WILL BE PERMANENTLY LOST. NOTWITHSTANDING THE “REPRESENTATIONS, WARRANTIES, EXCLUSIVE REMEDIES AND DISCLAIMERS” SECTION 5 AND 6 ABOVE“INDEMNIFICATION BY SFDC” SECTION BELOW, DURING THE FREE TRIAL THE SERVICES ARE PROVIDED “AS AS-IS” WITH NO EXPRESS OR IMPLIED WITHOUT ANY WARRANTY AND PROS SFDC SHALL HAVE NO INDEMNIFICATION OBLIGATIONS, OBLIGATIONS NOR ANY LIABILITY OF ANY TYPE WITH RESPECT TO A THE SERVICES FOR THE FREE TRIAL SERVICE, PERIOD UNLESS SUCH EXCLUSION OF LIABILITY IS UNENFORCEABLE NOT ENFORCEABLE UNDER APPLICABLE LAW IN WHICH CASE, PROS TOTAL AGGREGATE CASE SFDC’S LIABILITY ARISING OUT OF OR RELATING TO A FREE TRIAL SERVICE IS US$1,000. NOTWITHSTANDING ANYTHING WITH RESPECT TO THE CONTRARY IN SECTION 7 ABOVE, CUSTOMER SHALL BE FULLY LIABLE FOR ANY DAMAGES ARISING OUT OF ITS USE OF A FREE TRIAL SERVICE. ANY CUSTOMER DATA AND CONFIGURATIONS ENTERED INTO CUSTOMER’S FREE TRIAL SERVICE ACCOUNT MAY BE PERMANENTLY LOST UPON TERMINATION OF SERVICES PROVIDED DURING THE FREE TRIAL SERVICE.SHALL NOT EXCEED $1,000.00. WITHOUT LIMITING THE FOREGOING, SFDC AND ITS AFFILIATES AND ITS LICENSORS DO NOT REPRESENT OR WARRANT TO CUSTOMER THAT: (A) CUSTOMER’S USE OF THE SERVICES DURING THE FREE TRIAL PERIOD WILL MEET CUSTOMER’S REQUIREMENTS, (B) CUSTOMER’S USE OF THE SERVICES DURING THE FREE TRIAL PERIOD WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR, AND

Appears in 1 contract

Samples: Master Subscription Agreement

Free Trial. If Customer uses registers on CADEMI’s or an Affiliate’s website for a Free Trial Servicefree trial, PROS CADEMI will make such Free Trial Service the applicable Service(s) available to Customer on a trial basis, basis free of charge, charge until the earlier of (a) the end of the free trial period for which Customer agreed CADEMI-MSA May 03 2021 Page 2 of 12 registered to use such Free Trial Servicethe applicable Service(s), or (b) the start date of any Subscription Purchased Service purchased subscriptions ordered by Customer for the same servicesuch Service(s), or (c) termination of the Free Trial Service by PROS CADEMI in its sole discretion. Additional trial terms and conditions may appear on the trial registration web page. Any such additional terms and conditions are incorporated into this Agreement by reference and are legally binding. Free Trial Services are provided for evaluation purposes and not for production useANY DATA CUSTOMER ENTERS INTO THE SERVICES, AND ANY CUSTOMIZATIONS MADE TO THE SERVICES BY OR FOR CUSTOMER, DURING CUSTOMER’S FREE TRIAL WILL BE PERMANENTLY LOST UNLESS CUSTOMER PURCHASES A SUBSCRIPTION TO THE SAME SERVICES AS THOSE COVERED BY THE TRIAL, PURCHASES APPLICABLE UPGRADED SERVICES, OR EXPORTS SUCH DATA, BEFORE THE END OF THE TRIAL PERIOD. Customer shall have sole responsibility and PROS assumes no liability for any Customer Data that Customer may choose to upload on the Free Trial ServicesCUSTOMER CANNOT TRANSFER DATA ENTERED OR CUSTOMIZATIONS MADE DURING THE FREE TRIAL TO A SERVICE THAT WOULD BE A DOWNGRADE FROM THAT COVERED BY THE TRIAL (E.G., FROM CORPORATE EDITION TO PROFESSIONAL EDITION); THEREFORE, IF CUSTOMER PURCHASES A SERVICE THAT WOULD BE A DOWNGRADE FROM THAT COVERED BY THE TRIAL, CUSTOMER MUST EXPORT CUSTOMER DATA BEFORE THE END OF THE TRIAL PERIOD OR CUSTOMER DATA WILL BE PERMANENTLY LOST. NOTWITHSTANDING THE “REPRESENTATIONS, WARRANTIES, EXCLUSIVE REMEDIES AND DISCLAIMERS” SECTION 5 AND 6 ABOVE“INDEMNIFICATION BY CADEMI” SECTION BELOW, DURING THE FREE TRIAL THE SERVICES ARE PROVIDED “AS AS-IS” WITH NO EXPRESS OR IMPLIED WITHOUT ANY WARRANTY AND PROS CADEMI SHALL HAVE NO INDEMNIFICATION OBLIGATIONS, OBLIGATIONS NOR ANY LIABILITY OF ANY TYPE WITH RESPECT TO A THE SERVICES FOR THE FREE TRIAL SERVICE, PERIOD UNLESS SUCH EXCLUSION OF LIABILITY IS UNENFORCEABLE NOT ENFORCEABLE UNDER APPLICABLE LAW IN WHICH CASE, PROS TOTAL AGGREGATE CASE CADEMI’S LIABILITY ARISING OUT OF OR RELATING WITH RESPECT TO A THE SERVICES PROVIDED DURING THE FREE TRIAL SERVICE IS US$1,000SHALL NOT EXCEED £1,000.00. WITHOUT LIMITING THE FOREGOING, CADEMI AND ITS AFFILIATES AND ITS LICENSORS DO NOT REPRESENT OR WARRANT TO CUSTOMER THAT: (A) CUSTOMER’S USE OF THE SERVICES DURING THE FREE TRIAL PERIOD WILL MEET CUSTOMER’S REQUIREMENTS, (B) CUSTOMER’S USE OF THE SERVICES DURING THE FREE TRIAL PERIOD WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR, AND (C) USAGE DATA PROVIDED DURING THE FREE TRIAL PERIOD WILL BE ACCURATE. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THE “LIMITATION OF LIABILITY” SECTION 7 ABOVEBELOW, CUSTOMER SHALL BE FULLY LIABLE UNDER THIS AGREEMENT TO CADEMI AND ITS AFFILIATES FOR ANY DAMAGES ARISING OUT OF ITS CUSTOMER’S USE OF A FREE TRIAL SERVICE. ANY CUSTOMER DATA AND CONFIGURATIONS ENTERED INTO CUSTOMER’S FREE TRIAL SERVICE ACCOUNT MAY BE PERMANENTLY LOST UPON TERMINATION OF THE SERVICES DURING THE FREE TRIAL PERIOD, ANY BREACH BY CUSTOMER OF THIS AGREEMENT AND ANY OF CUSTOMER’S INDEMNIFICATION OBLIGATIONS HEREUNDER. CUSTOMER SHALL REVIEW THE APPLICABLE SERVICE’S DOCUMENTATION DURING THE TRIAL PERIOD TO BECOME FAMILIAR WITH THE FEATURES AND FUNCTIONS OF THE SERVICES BEFORE MAKING A PURCHASE.

Appears in 1 contract

Samples: Master Subscription Agreement

Free Trial. If Customer uses registers on XCEEDE’s, an Affiliate’s website for a Free Trial Servicefree trial, PROS or via the Salesforce AppExchange, XCEEDE will make such Free Trial Service the applicable Services available to Customer on a trial basis, basis free of charge, charge until the earlier of (a) the end of the free trial period for which Customer agreed registered to use such Free Trial Servicethe applicable Service(s), or (b) the start date of any Subscription Purchased Service purchased subscriptions ordered by Customer for the same servicesuch Service(s), or (c) termination of the Free Trial Service by PROS XCEEDE in its sole discretion. Additional trial terms and conditions may appear on the trial registration web page. Any such additional terms and conditions are incorporated into this Agreement by reference and are legally binding. Free Trial Services are provided for evaluation purposes and not for production use. Customer shall have sole responsibility and PROS assumes no liability for any Customer Data that Customer may choose to upload on the Free Trial ServicesANY DATA CUSTOMER ENTERS INTO THE SERVICES, AND ANY CUSTOMIZATIONS MADE TO THE SERVICES BY OR FOR CUSTOMER, DURING CUSTOMER’S FREE TRIAL WILL BE PERMANENTLY LOST UNLESS CUSTOMER PURCHASES A SUBSCRIPTION TO THE SAME SERVICES AS THOSE COVERED BY THE TRIAL, PURCHASES APPLICABLE UPGRADED SERVICES, OR EXPORTS SUCH DATA, BEFORE THE END OF THE TRIAL PERIOD. NOTWITHSTANDING THE “REPRESENTATIONS, WARRANTIES, EXCLUSIVE REMEDIES AND DISCLAIMERS” SECTION 5 AND 6 ABOVE“INDEMNIFICATION BY XCEEDE” SECTION BELOW, DURING THE FREE TRIAL THE SERVICES ARE PROVIDED “AS AS-IS” WITH NO EXPRESS OR IMPLIED WITHOUT ANY WARRANTY AND PROS XCEEDE SHALL HAVE NO INDEMNIFICATION OBLIGATIONS, OBLIGATIONS NOR ANY LIABILITY OF ANY TYPE WITH RESPECT TO A THE SERVICES FOR THE FREE TRIAL SERVICE, PERIOD UNLESS SUCH EXCLUSION OF LIABILITY IS UNENFORCEABLE NOT ENFORCEABLE UNDER APPLICABLE LAW IN WHICH CASE, PROS TOTAL AGGREGATE CASE XCEEDE’S LIABILITY ARISING OUT OF OR RELATING TO A FREE TRIAL SERVICE IS US$1,000. NOTWITHSTANDING ANYTHING WITH RESPECT TO THE CONTRARY IN SECTION 7 ABOVE, CUSTOMER SHALL BE FULLY LIABLE FOR ANY DAMAGES ARISING OUT OF ITS USE OF A FREE TRIAL SERVICE. ANY CUSTOMER DATA AND CONFIGURATIONS ENTERED INTO CUSTOMER’S FREE TRIAL SERVICE ACCOUNT MAY BE PERMANENTLY LOST UPON TERMINATION OF SERVICES PROVIDED DURING THE FREE TRIAL SERVICE.SHALL NOT EXCEED $1,000.00. WITHOUT LIMITING THE FOREGOING, XCEEDE AND ITS AFFILIATES AND ITS LICENSORS DO NOT REPRESENT OR WARRANT TO CUSTOMER THAT: (A) CUSTOMER’S USE OF THE SERVICES DURING THE FREE TRIAL PERIOD WILL MEET CUSTOMER’S REQUIREMENTS,

Appears in 1 contract

Samples: Master Subscription Agreement

Free Trial. If Customer uses registers on the SSC website for a Free Trial Servicefree trial or otherwise utilizes the functionality of the Services for free, PROS SSC will make such Free Trial Service one or more Services available to Customer on a trial basis, free of charge, until the earlier of (a) the end of the free trial period for which Customer agreed registered to use such Free Trial Servicethe applicable Service(s), or (b) the start date of any Subscription Purchased Service purchased subscriptions ordered by Customer for the same service, or (c) termination of the Free Trial Service by PROS in its sole discretionsuch Service(s). Additional trial terms and conditions may appear on the trial registration web page. Any in connection with such additional terms free Services and conditions are incorporated into this Agreement by reference and are legally bindingreference. Free Trial Services are provided for evaluation purposes and not for production useCUSTOMER SERVICES DATA ON SSC SYSTEMS OR IN OUR POSSESSION OR CONTROL, ANY REPORTS, AND ANY CUSTOMIZATIONS MADE TO THE SERVICES BY OR FOR YOU, DURING YOUR FREE TRIAL MAY BE PERMANENTLY LOST OR DELETED AT THE END OF THE FREE TRIAL PERIOD UNLESS CUSTOMER PURCHASES A SUBSCRIPTION TO THE SAME SERVICES AS THOSE COVERED BY THE TRIAL OR PURCHASE UPGRADED SERVICES BEFORE THE END OF THE TRIAL PERIOD. Customer shall have sole responsibility and PROS assumes no liability for any Customer Data that Customer may choose to upload on the Free Trial ServicesSSC WILL HAVE NO LIABILITY FOR ANY HARM OR DAMAGE ARISING OUT OF OR IN CONNECTION WITH A FREE TRIAL. NOTWITHSTANDING SECTION 5 9 (REPRESENTATIONS, WARRANTIES, EXCLUSIVE REMEDIES, AND 6 ABOVEDISCLAIMERS), DURING THE FREE TRIAL THE SERVICES ARE PROVIDED “AS AS-IS” WITH NO EXPRESS OR IMPLIED WARRANTY AND PROS SHALL HAVE NO INDEMNIFICATION OBLIGATIONS, NOR WITHOUT ANY LIABILITY OF ANY TYPE WITH RESPECT TO A FREE TRIAL SERVICE, UNLESS SUCH EXCLUSION OF LIABILITY IS UNENFORCEABLE UNDER APPLICABLE LAW IN WHICH CASE, PROS TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO A FREE TRIAL SERVICE IS US$1,000WARRANTY. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN SECTION 7 ABOVE, CUSTOMER SHALL BE FULLY LIABLE FOR ANY DAMAGES ARISING OUT OF ITS USE OF A FREE TRIAL SERVICE. ANY CUSTOMER DATA AND CONFIGURATIONS ENTERED INTO CUSTOMER’S FREE TRIAL SERVICE ACCOUNT MAY BE PERMANENTLY LOST UPON TERMINATION OF THE FREE TRIAL SERVICEPlease review the Documentation during the trial period so that you become familiar with the features and functions of the Services before you make your purchase.

Appears in 1 contract

Samples: Master Subscription Agreement

Free Trial. If Customer uses a Free Trial Service, PROS We will make such Free Trial Service one or more Services available to Customer You on a trial basis, basis free of charge, charge until the earlier of (a) the end of the free trial period for which Customer agreed you registered or are registering to use such Free Trial Service, the applicable Service or (b) the start date of any Subscription Service purchased Purchased Services ordered by Customer for the same service, or (c) termination of the Free Trial Service by PROS in its sole discretionYou. Additional trial terms and conditions may appear on the trial registration web page. Any such additional terms and conditions are incorporated into this Agreement by reference and are legally binding. Free Trial Services are provided for evaluation purposes and not for production useANY DATA YOU ENTER INTO THE SERVICES, AND ANY CUSTOMIZATIONS MADE TO THE SERVICES BY OR FOR YOU, DURING YOUR FREE TRIAL WILL BE PERMANENTLY LOST UNLESS YOU PURCHASE A SUBSCRIPTION TO THE SAME SERVICES AS THOSE COVERED BY THE TRIAL, PURCHASE UPGRADED SERVICES, OR EXPORT SUCH DATA, BEFORE THE END OF THE TRIAL PERIOD. Customer shall have sole responsibility and PROS assumes no liability for any Customer Data that Customer may choose to upload on the Free Trial ServicesYOU CANNOT TRANSFER DATA ENTERED OR CUSTOMIZATIONS MADE DURING THE FREE TRIAL TO A SERVICE THAT WOULD BE A DOWNGRADE FROM THAT COVERED BY THE TRIAL (E.G., FROM SHAREVAULT TO SHAREVAULT EXPRESS OR FROM SHAREVAULT EXPRESS TO SHAREVAULT EVER READY); THEREFORE, IF YOU PURCHASE A SERVICE THAT WOULD BE A DOWNGRADE FROM THAT COVERED BY THE TRIAL, YOU MUST EXPORT YOUR DATA BEFORE THE END OF THE TRIAL PERIOD OR YOUR DATA WILL BE PERMANENTLY LOST. NOTWITHSTANDING SECTION 5 AND 6 ABOVE8 (WARRANTIES & DISCLAIMERS), DURING THE FREE TRIAL THE SERVICES ARE PROVIDED “AS AS-IS” WITH NO EXPRESS OR IMPLIED WARRANTY AND PROS SHALL HAVE NO INDEMNIFICATION OBLIGATIONS, NOR WITHOUT ANY LIABILITY OF ANY TYPE WITH RESPECT TO A FREE TRIAL SERVICE, UNLESS SUCH EXCLUSION OF LIABILITY IS UNENFORCEABLE UNDER APPLICABLE LAW IN WHICH CASE, PROS TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO A FREE TRIAL SERVICE IS US$1,000. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN SECTION 7 ABOVE, CUSTOMER SHALL BE FULLY LIABLE FOR ANY DAMAGES ARISING OUT OF ITS USE OF A FREE TRIAL SERVICE. ANY CUSTOMER DATA AND CONFIGURATIONS ENTERED INTO CUSTOMER’S FREE TRIAL SERVICE ACCOUNT MAY BE PERMANENTLY LOST UPON TERMINATION OF THE FREE TRIAL SERVICEWARRANTY.

Appears in 1 contract

Samples: Master Subscription Agreement

Free Trial. If Customer uses register on SecurityStudio’s or an Affiliate’s website for a Free Trial Servicefree trial, PROS SecurityStudio will make such Free Trial Service the applicable Service(s) available to Customer on a trial basis, basis free of charge, charge until the earlier of (a) the end of the free trial period for which Customer agreed registered to use such Free Trial Servicethe applicable Service(s), or (b) the start date of any Subscription Purchased Service purchased subscriptions ordered by Customer for the same servicesuch Service(s), or (c) termination of the Free Trial Service by PROS SecurityStudio in its sole discretion. Additional trial terms and conditions may appear on the trial registration web page. Any such additional terms and conditions are incorporated into this Agreement by reference and are legally binding. Free Trial Services are provided for evaluation purposes and not for production useANY DATA CUSTOMER ENTERS INTO THE SERVICES, AND ANY CUSTOMIZATIONS MADE TO THE SERVICES BY OR FOR CUSTOMER, DURING CUSTOMER’S FREE TRIAL WILL BE PERMANENTLY LOST UNLESS CUSTOMER PURCHASES A SUBSCRIPTION TO THE SAME SERVICES AS THOSE COVERED BY THE TRIAL, PURCHASES APPLICABLE UPGRADED SERVICES, OR EXPORTS SUCH DATA, BEFORE THE END OF THE TRIAL PERIOD. Customer shall have sole responsibility and PROS assumes no liability for any Customer Data that Customer may choose to upload on the Free Trial ServicesCUSTOMER CANNOT TRANSFER DATA ENTERED OR CUSTOMIZATIONS MADE DURING THE FREE TRIAL TO A SERVICE THAT WOULD BE A DOWNGRADE FROM THAT COVERED BY THE TRIAL (E.G., FROM ENTERPRISE EDITION TO PROFESSIONAL EDITION); THEREFORE, IF CUSTOMER PURCHASES A SERVICE THAT WOULD BE A DOWNGRADE FROM THAT COVERED BY THE TRIAL, CUSTOMER MUST EXPORT CUSTOMER DATA BEFORE THE END OF THE TRIAL PERIOD OR CUSTOMER DATA WILL BE PERMANENTLY LOST. NOTWITHSTANDING THE “REPRESENTATIONS, WARRANTIES, EXCLUSIVE REMEDIES AND DISCLAIMERS” SECTION 5 AND 6 ABOVE“INDEMNIFICATION BY SECURITYSTUDIO” SECTION BELOW, DURING THE FREE TRIAL THE SERVICES ARE PROVIDED “AS AS-IS” WITH NO EXPRESS OR IMPLIED WITHOUT ANY WARRANTY AND PROS SECURITYSTUDIO SHALL HAVE NO INDEMNIFICATION OBLIGATIONS, OBLIGATIONS NOR ANY LIABILITY OF ANY TYPE WITH RESPECT TO A THE SERVICES FOR THE FREE TRIAL SERVICE, PERIOD UNLESS SUCH EXCLUSION OF LIABILITY IS UNENFORCEABLE NOT ENFORCEABLE UNDER APPLICABLE LAW IN WHICH CASE, PROS TOTAL AGGREGATE CASE SECURITYSTUDIO’S LIABILITY ARISING OUT OF OR RELATING WITH RESPECT TO A THE SERVICES PROVIDED DURING THE FREE TRIAL SERVICE IS US$1,000SHALL NOT EXCEED $1,000.00. WITHOUT LIMITING THE FOREGOING, SECURITYSTUDIO AND ITS AFFILIATES AND ITS LICENSORS DO NOT REPRESENT OR WARRANT TO CUSTOMER THAT: (A) CUSTOMER’S USE OF THE SERVICES DURING THE FREE TRIAL PERIOD WILL MEET CUSTOMER’S REQUIREMENTS, (B) CUSTOMER’S USE OF THE SERVICES DURING THE FREE TRIAL PERIOD WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR, AND (C) USAGE DATA PROVIDED DURING THE FREE TRIAL PERIOD WILL BE ACCURATE. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THE “LIMITATION OF LIABILITY” SECTION 7 ABOVEBELOW, CUSTOMER SHALL BE FULLY LIABLE UNDER THIS AGREEMENT TO SECURITYSTUDIO AND ITS AFFILIATES FOR ANY DAMAGES ARISING OUT OF ITS CUSTOMER’S USE OF A FREE TRIAL SERVICE. ANY CUSTOMER DATA AND CONFIGURATIONS ENTERED INTO CUSTOMER’S FREE TRIAL SERVICE ACCOUNT MAY BE PERMANENTLY LOST UPON TERMINATION OF THE SERVICES DURING THE FREE TRIAL PERIOD, ANY BREACH BY CUSTOMER OF THIS AGREEMENT AND ANY OF CUSTOMER’S INDEMNIFICATION OBLIGATIONS HEREUNDER. CUSTOMER SHALL REVIEW THE APPLICABLE SERVICE’S DOCUMENTATION DURING THE TRIAL PERIOD TO BECOME FAMILIAR WITH THE FEATURES AND FUNCTIONS OF THE SERVICES BEFORE MAKING A PURCHASE.

Appears in 1 contract

Samples: Securitystudio Master Subscription Agreement

Free Trial. If Customer uses You register on Our website for a Free Trial Service, PROS will free trial or We make such Free Trial Service one or more Services available to Customer You on a trial basis, We will make these Services free of charge, charge until the earlier of (a) the end of the free trial period for which Customer agreed You registered to use such Free Trial Servicethe applicable Service(s), or (b) the start date of any Subscription Purchased Service purchased subscriptions ordered by Customer You for the same servicesuch Service(s), or (c) termination of the Free Trial Service by PROS Us in its our sole discretion. Additional trial terms and conditions may appear on the trial registration web page. Any such additional terms and conditions are incorporated into this Agreement by reference and are legally binding. Free Trial Services are provided for evaluation purposes and not for production useANY DATA YOU ENTER INTO THE SERVICES, AND ANY CUSTOMIZATIONS MADE TO THE SERVICES BY OR FOR YOU, DURING YOUR FREE TRIAL WILL BE PERMANENTLY LOST UNLESS YOU PURCHASE A SUBSCRIPTION TO THE SAME SERVICES AS THOSE COVERED BY THE TRIAL, PURCHASE APPLICABLE UPGRADED SERVICES, OR EXPORT SUCH DATA, BEFORE THE END OF THE TRIAL PERIOD. Customer shall have sole responsibility and PROS assumes no liability for any Customer Data that Customer may choose to upload on the Free Trial ServicesYOU CANNOT TRANSFER DATA ENTERED OR CUSTOMIZATIONS MADE DURING THE FREE TRIAL TO A SERVICE THAT WOULD BE A DOWNGRADE FROM THAT COVERED BY THE TRIAL. NOTWITHSTANDING SECTION 5 10 (REPRESENTATIONS, WARRANTIES, AND 6 ABOVEDISCLAIMERS), DURING THE FREE TRIAL THE SERVICES ARE PROVIDED “AS AS-IS” WITH NO EXPRESS OR IMPLIED WARRANTY AND PROS SHALL HAVE NO INDEMNIFICATION OBLIGATIONS, NOR WITHOUT ANY LIABILITY OF ANY TYPE WITH RESPECT TO A FREE TRIAL SERVICE, UNLESS SUCH EXCLUSION OF LIABILITY IS UNENFORCEABLE UNDER APPLICABLE LAW IN WHICH CASE, PROS TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO A FREE TRIAL SERVICE IS US$1,000. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN SECTION 7 ABOVE, CUSTOMER SHALL BE FULLY LIABLE FOR ANY DAMAGES ARISING OUT OF ITS USE OF A FREE TRIAL SERVICE. ANY CUSTOMER DATA AND CONFIGURATIONS ENTERED INTO CUSTOMER’S FREE TRIAL SERVICE ACCOUNT MAY BE PERMANENTLY LOST UPON TERMINATION OF THE FREE TRIAL SERVICEWARRANTY.

Appears in 1 contract

Samples: Zavanta Online Master Subscription Agreement

Free Trial. If Customer uses registers on ENLYT’s or an Affiliate’s website for a Free Trial Servicefree trial, PROS ENLYT will make such Free Trial Service the applicable Service(s) available to Customer on a trial basis, basis free of charge, charge until the earlier of (a) the end of the free trial period for which Customer agreed registered to use such Free Trial Servicethe applicable Service(s), or (b) the start date of any Subscription Purchased Service purchased subscriptions ordered by Customer for the same servicesuch Service(s), or (c) termination of the Free Trial Service by PROS ENLYT in its sole discretion. Additional trial terms and conditions may appear on the trial registration web page. Any such additional terms and conditions are incorporated into this Agreement by reference and are legally binding. Free Trial Services are provided for evaluation purposes and not for production useANY DATA CUSTOMER ENTERS INTO THE SERVICES, AND ANY CUSTOMIZATIONS MADE TO THE SERVICES BY OR FOR CUSTOMER, DURING CUSTOMER’S FREE TRIAL WILL BE PERMANENTLY LOST UNLESS CUSTOMER PURCHASES A SUBSCRIPTION TO THE SAME SERVICES AS THOSE COVERED BY THE TRIAL, PURCHASES APPLICABLE UPGRADED SERVICES, OR EXPORTS SUCH DATA, BEFORE THE END OF THE TRIAL PERIOD. Customer shall have sole responsibility and PROS assumes no liability for any Customer Data that Customer may choose to upload on the Free Trial ServicesCUSTOMER CANNOT TRANSFER DATA ENTERED OR CUSTOMIZATIONS MADE DURING THE FREE TRIAL TO A SERVICE THAT WOULD BE A DOWNGRADE FROM THAT COVERED BY THE TRIAL (E.G., FROM ENTERPRISE EDITION TO PROFESSIONAL EDITION); THEREFORE, IF CUSTOMER PURCHASES A SERVICE THAT WOULD BE A DOWNGRADE FROM THAT COVERED BY THE TRIAL, CUSTOMER MUST EXPORT CUSTOMER DATA BEFORE THE END OF THE TRIAL PERIOD OR CUSTOMER DATA WILL BE PERMANENTLY LOST. NOTWITHSTANDING THE “REPRESENTATIONS, WARRANTIES, EXCLUSIVE REMEDIES AND DISCLAIMERS” SECTION 5 AND 6 ABOVE“INDEMNIFICATION BY ENLYT” SECTION BELOW, DURING THE FREE TRIAL THE SERVICES ARE PROVIDED “AS AS-IS” WITH NO EXPRESS OR IMPLIED WITHOUT ANY WARRANTY AND PROS ENLYT SHALL HAVE NO INDEMNIFICATION OBLIGATIONS, OBLIGATIONS NOR ANY LIABILITY OF ANY TYPE WITH RESPECT TO A THE SERVICES FOR THE FREE TRIAL SERVICE, PERIOD UNLESS SUCH EXCLUSION OF LIABILITY IS UNENFORCEABLE NOT ENFORCEABLE UNDER APPLICABLE LAW IN WHICH CASE, PROS TOTAL AGGREGATE CASE ENLYT’S LIABILITY ARISING OUT OF OR RELATING WITH RESPECT TO A THE SERVICES PROVIDED DURING THE FREE TRIAL SERVICE IS US$1,000SHALL NOT EXCEED $1,000.00. WITHOUT LIMITING THE FOREGOING, ENLYT AND ITS AFFILIATES AND ITS LICENSORS DO NOT REPRESENT OR WARRANT TO CUSTOMER THAT: (A) CUSTOMER’S USE OF THE SERVICES DURING THE FREE TRIAL PERIOD WILL MEET CUSTOMER’S REQUIREMENTS, (B) CUSTOMER’S USE OF THE SERVICES DURING THE FREE TRIAL PERIOD WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR, AND (C) USAGE DATA PROVIDED DURING THE FREE TRIAL PERIOD WILL BE ACCURATE. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THE “LIMITATION OF LIABILITY” SECTION 7 ABOVEBELOW, CUSTOMER SHALL BE FULLY LIABLE UNDER THIS AGREEMENT TO ENLYT AND ITS AFFILIATES FOR ANY DAMAGES ARISING OUT OF ITS CUSTOMER’S USE OF A FREE TRIAL SERVICE. ANY CUSTOMER DATA AND CONFIGURATIONS ENTERED INTO CUSTOMER’S FREE TRIAL SERVICE ACCOUNT MAY BE PERMANENTLY LOST UPON TERMINATION OF THE SERVICES DURING THE FREE TRIAL PERIOD, ANY BREACH BY CUSTOMER OF THIS AGREEMENT AND ANY OF CUSTOMER’S INDEMNIFICATION OBLIGATIONS HEREUNDER. CUSTOMER SHALL REVIEW THE APPLICABLE SERVICE’S DOCUMENTATION DURING THE TRIAL PERIOD TO BECOME FAMILIAR WITH THE FEATURES AND FUNCTIONS OF THE SERVICES BEFORE MAKING A PURCHASE.

Appears in 1 contract

Samples: Master Subscription Agreement

Free Trial. If Customer uses registers on Demoboost’s website for a Free Trial Servicefree trial, PROS Demoboost will make such Free Trial Service the applicable Service(s) available to Customer on a trial basis, basis free of charge, charge until the earlier of (a) the end of the free trial period for which Customer agreed registered to use such Free Trial Servicethe applicable Service(s), or (b) the start date of any Subscription Purchased Service purchased subscriptions ordered by Customer for the same servicesuch Service(s), or (c) termination of the Free Trial Service by PROS Demoboost in its sole discretion. Additional trial terms and conditions may appear on the trial registration web page. Any such additional terms and conditions are incorporated into this Agreement by reference and are legally binding. Free Trial Services are provided for evaluation purposes and not for production useANY DATA CUSTOMER ENTERS INTO THE SERVICES, AND ANY CUSTOMIZATIONS MADE TO THE SERVICES BY OR FOR CUSTOMER, DURING CUSTOMER’S FREE TRIAL WILL BE PERMANENTLY LOST UNLESS CUSTOMER PURCHASES A SUBSCRIPTION TO THE SAME SERVICES AS THOSE COVERED BY THE TRIAL, PURCHASES APPLICABLE UPGRADED SERVICES, OR EXPORTS SUCH DATA, BEFORE THE END OF THE TRIAL PERIOD. Customer shall have sole responsibility and PROS assumes no liability for any Customer Data that Customer may choose to upload on the Free Trial ServicesCUSTOMER CANNOT TRANSFER DATA ENTERED OR CUSTOMIZATIONS MADE DURING THE FREE TRIAL TO A SERVICE THAT WOULD BE A DOWNGRADE FROM THAT COVERED BY THE TRIAL; THEREFORE, IF CUSTOMER PURCHASES A SERVICE THAT WOULD BE A DOWNGRADE FROM THAT COVERED BY THE TRIAL, CUSTOMER MUST EXPORT CUSTOMER DATA BEFORE THE END OF THE TRIAL PERIOD OR CUSTOMER DATA WILL BE PERMANENTLY LOST. NOTWITHSTANDING THE “REPRESENTATIONS, WARRANTIES, EXCLUSIVE REMEDIES AND DISCLAIMERS” SECTION 5 AND 6 ABOVE“INDEMNIFICATION BY Demoboost” SECTION BELOW, DURING THE FREE TRIAL THE SERVICES ARE PROVIDED “AS AS-IS” WITH NO EXPRESS OR IMPLIED WITHOUT ANY WARRANTY AND PROS Demoboost SHALL HAVE NO INDEMNIFICATION OBLIGATIONS, OBLIGATIONS NOR ANY LIABILITY OF ANY TYPE WITH RESPECT TO A THE SERVICES FOR THE FREE TRIAL SERVICE, PERIOD UNLESS SUCH EXCLUSION OF LIABILITY IS UNENFORCEABLE NOT ENFORCEABLE UNDER APPLICABLE LAW IN WHICH CASE, PROS TOTAL AGGREGATE CASE Demoboost’S LIABILITY ARISING OUT OF OR RELATING WITH RESPECT TO A THE SERVICES PROVIDED DURING THE FREE TRIAL SERVICE IS US$1,000SHALL NOT EXCEED $1,000.00. WITHOUT LIMITING THE FOREGOING, DEMOBOOST DO NOT REPRESENT OR WARRANT TO CUSTOMER THAT: (A) CUSTOMER’S USE OF THE SERVICES DURING THE FREE TRIAL PERIOD WILL MEET CUSTOMER’S REQUIREMENTS, (B) CUSTOMER’S USE OF THE SERVICES DURING THE FREE TRIAL PERIOD WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR, AND (C) USAGE DATA PROVIDED DURING THE FREE TRIAL PERIOD WILL BE ACCURATE. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THE “LIMITATION OF LIABILITY” SECTION 7 ABOVEBELOW, CUSTOMER SHALL BE FULLY LIABLE UNDER THIS AGREEMENT TO DEMOBOOST FOR ANY DAMAGES ARISING OUT OF ITS CUSTOMER’S USE OF A FREE TRIAL SERVICE. ANY CUSTOMER DATA AND CONFIGURATIONS ENTERED INTO CUSTOMER’S FREE TRIAL SERVICE ACCOUNT MAY BE PERMANENTLY LOST UPON TERMINATION OF THE SERVICES DURING THE FREE TRIAL PERIOD, ANY BREACH BY CUSTOMER OF THIS AGREEMENT AND ANY OF CUSTOMER’S INDEMNIFICATION OBLIGATIONS HEREUNDER. CUSTOMER SHALL REVIEW THE APPLICABLE SERVICE’S DOCUMENTATION DURING THE TRIAL PERIOD TO BECOME FAMILIAR WITH THE FEATURES AND FUNCTIONS OF THE SERVICES BEFORE MAKING A PURCHASE.

Appears in 1 contract

Samples: Master Subscription Agreement

Free Trial. If Customer uses With regard to any permitted access to and use of a Service by Company related to a free trial, free use, evaluation, license key extension, or other non-production use authorized by Sonatype (the “Free Trial ServiceUse”), PROS will Xxxxxxxx agrees, subject to the terms set forth in this Section and this Agreement, to make such Free Trial Service available to Customer Company for a term to expire on a trial basis, free of charge, until the earlier of of: (a) the end of the free trial period for which Customer agreed Company is granted access to use such Free Trial Use of a Service, ; or (b) the start date of any Subscription for such Service purchased by Customer for Company from Sonatype (the same service“Free Use Period”); provided, or (c) termination of that Sonatype may terminate the Free Trial Service by PROS in Use Period at its sole discretiondiscretion by providing notice to Company. In the event of a conflict between this Section and any other portion of this Agreement, this Section shall control. Additional trial terms and conditions governing such Free Use may appear on the trial registration web page. Any be imposed by Sonatype, and any such additional terms and conditions are incorporated into this Agreement by reference and are legally binding. Free Trial Services are provided for evaluation purposes and not for production useANY COMPANY DATA THAT COMPANY ENTERS INTO THE SERVICEE, AND ANY PERMITTED CUSTOMIZATIONS MADE TO THE SERVICE BY OR FOR COMPANY, DURING THE FREE USE PERIOD WILL BE PERMANENTLY LOST UNLESS (a) COMPANY PURCHASES A SUBSCRIPTION TO THE SAME SERVICE AS THOSE COVERED BY THE FREE USE OR (b) EXPORTS SUCH COMPANY DATA BEFORE THE END OF THE FREE USE PERIOD. Customer shall have sole responsibility and PROS assumes no liability for any Customer Data that Customer may choose to upload on the Free Trial ServicesCOMPANY CANNOT TRANSFER DATA ENTERED OR CUSTOMIZATIONS MADE DURING THE FREE USE PERIOD TO A SERVICE THAT WOULD BE A DOWNGRADE FROM THAT USED DURING THE FREE USE PERIOD AND, THEREFORE, IF COMPANY PURCHASES A SUBSCRIPTION TO A SERVICE THAT WOULD BE A DOWNGRADE COMPANY MUST EXPORT ITS DATA BEFORE THE END OF THE FREE USE PERIOD OR IT WILL BE PERMANENTLY LOST. NOTWITHSTANDING SECTION 5 8 (WARRANTIES AND 6 ABOVEDISCLAIMERS), SECTION 9 (INDEMNIFICATION), AND SECTION 10 (LIMITATION OF LIABILITY), DURING THE FREE TRIAL SERVICES ARE USE PERIOD THE SERVICE IS PROVIDED “AS AS-IS” WITH NO EXPRESS OR IMPLIED WITHOUT ANY WARRANTY AND PROS SONATYPE SHALL HAVE NO INDEMNIFICATION OBLIGATIONS, OBLIGATIONS NOR ANY LIABILITY OF ANY TYPE WITH RESPECT TO A FREE TRIAL SERVICE, THE SERVICE UNLESS SUCH EXCLUSION OF LIABILITY IS UNENFORCEABLE NOT ENFORCEABLE UNDER APPLICABLE LAW IN WHICH CASE, PROS TOTAL CASE SONATYPE’S AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO A FREE TRIAL SERVICE IS US$1,000. NOTWITHSTANDING ANYTHING WITH RESPECT TO THE CONTRARY IN SECTION 7 ABOVE, CUSTOMER SHALL BE FULLY LIABLE FOR ANY DAMAGES ARISING OUT OF ITS USE OF A FREE TRIAL SERVICE. ANY CUSTOMER DATA AND CONFIGURATIONS ENTERED INTO CUSTOMER’S FREE TRIAL SERVICE ACCOUNT MAY BE PERMANENTLY LOST UPON TERMINATION OF SERVICIE PROVIDED TO COMPANY DURING THE FREE TRIAL SERVICEUSE PERIOD SHALL NOT EXCEED $1,000.00.

Appears in 1 contract

Samples: s3.amazonaws.com

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Free Trial. If Customer uses registers on PUSHTOPIC’s or an Affiliate’s website for a Free Trial Servicefree trial, PROS PUSHTOPIC will make such Free Trial Service the applicable Service(s) available to Customer on a trial basis, basis free of charge, charge until the earlier of (a) the end of the free trial period for which Customer agreed registered to use such Free Trial Servicethe applicable Service(s), or (b) the start date of any Subscription Purchased Service purchased subscriptions ordered by Customer for the same servicesuch Service(s), or (c) termination of the Free Trial Service by PROS PUSHTOPIC in its sole discretion. Additional trial terms and conditions may appear on the trial registration web page. Any such additional terms and conditions are incorporated into this Agreement by reference and are legally binding. Free Trial Services are provided for evaluation purposes and not for production use. Customer shall have sole responsibility and PROS assumes no liability for any Customer Data that Customer may choose to upload on the Free Trial ServicesANY DATA CUSTOMER ENTERS INTO THE SERVICES, AND ANY CUSTOMIZATIONS MADE TO THE SERVICES BY OR FOR CUSTOMER, DURING CUSTOMER’S FREE TRIAL WILL BE PERMANENTLY LOST UNLESS CUSTOMER EXPORTS SUCH DATA, BEFORE THE END OF THE TRIAL PERIOD. NOTWITHSTANDING THE “REPRESENTATIONS, WARRANTIES, EXCLUSIVE REMEDIES AND DISCLAIMERS” SECTION 5 AND 6 ABOVE“INDEMNIFICATION BY PUSHTOPIC” SECTION BELOW, DURING THE FREE TRIAL THE SERVICES ARE PROVIDED “AS AS-IS” WITH NO EXPRESS OR IMPLIED WITHOUT ANY WARRANTY AND PROS PUSHTOPIC SHALL HAVE NO INDEMNIFICATION OBLIGATIONS, OBLIGATIONS NOR ANY LIABILITY OF ANY TYPE WITH RESPECT TO A THE SERVICES FOR THE FREE TRIAL SERVICE, PERIOD UNLESS SUCH EXCLUSION OF LIABILITY IS UNENFORCEABLE NOT ENFORCEABLE UNDER APPLICABLE LAW IN WHICH CASE, PROS TOTAL AGGREGATE CASE PUSHTOPIC’S LIABILITY ARISING OUT OF OR RELATING WITH RESPECT TO A THE SERVICES PROVIDED DURING THE FREE TRIAL SERVICE IS US$1,000SHALL NOT EXCEED $500.00. WITHOUT LIMITING THE FOREGOING, PUSHTOPIC AND ITS AFFILIATES AND ITS LICENSORS DO NOT REPRESENT OR WARRANT TO CUSTOMER THAT: (A) CUSTOMER’S USE OF THE SERVICES DURING THE FREE TRIAL PERIOD WILL MEET CUSTOMER’S REQUIREMENTS, (B) CUSTOMER’S USE OF THE SERVICES DURING THE FREE TRIAL PERIOD WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR, AND (C) USAGE DATA PROVIDED DURING THE FREE TRIAL PERIOD WILL BE ACCURATE. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THE “LIMITATION OF LIABILITY” SECTION 7 ABOVEBELOW, CUSTOMER SHALL BE FULLY LIABLE UNDER THIS AGREEMENT TO PUSHTOPIC AND ITS AFFILIATES FOR ANY DAMAGES ARISING OUT OF ITS CUSTOMER’S USE OF A FREE TRIAL SERVICE. ANY CUSTOMER DATA AND CONFIGURATIONS ENTERED INTO CUSTOMER’S FREE TRIAL SERVICE ACCOUNT MAY BE PERMANENTLY LOST UPON TERMINATION OF THE SERVICES DURING THE FREE TRIAL PERIOD, ANY BREACH BY CUSTOMER OF THIS AGREEMENT AND ANY OF CUSTOMER’S INDEMNIFICATION OBLIGATIONS HEREUNDER. CUSTOMER SHALL REVIEW THE APPLICABLE SERVICE’S DOCUMENTATION DURING THE TRIAL PERIOD TO BECOME FAMILIAR WITH THE FEATURES AND FUNCTIONS OF THE SERVICES BEFORE MAKING A PURCHASE.

Appears in 1 contract

Samples: Master Subscription Agreement

Free Trial. If Customer uses You register on Our website for a Free Trial Servicefree trial, PROS Provider will make such Free Trial Service one or more Services available to Customer You on a trial basis, basis free of charge, charge until the earlier of (a) the end of the free trial period for which Customer agreed You registered to use such Free Trial Servicethe applicable Service(s), or (b) the start date of any Subscription Purchased Service purchased subscription ordered by Customer You for the same service, or (c) termination of the Free Trial Service by PROS in its sole discretionsuch Service(s). Additional trial terms and conditions may appear on the trial registration web page. Any such additional terms and conditions are incorporated into this Agreement by reference and are legally binding. Free Trial Services are provided for evaluation purposes and not for production use. Customer shall have sole responsibility and PROS assumes no liability for any Customer Data that Customer may choose to upload on the Free Trial Services. NOTWITHSTANDING SECTION 5 ANY DATA YOU ENTER INTO THE SERVICES, AND 6 ABOVEANY CUSTOMIZATIONS MADE TO THE SERVICES BY OR FOR YOU, DURING YOUR FREE TRIAL WILL BE PERMANENTLY LOST UNLESS YOU PURCHASE A SUBSCRIPTION TO THE SAME SERVICES AS THOSE COVERED BY THE TRIAL, PURCHASE UPGRADED SERVICES, OR EXPORT SUCH DATA, BEFORE THE END OF THE TRIAL PERIOD. YOU CANNOT TRANSFER DATA ENTERED OR CUSTOMIZATIONS MADE DURING THE FREE TRIAL TO A SERVICE THAT WOULD BE A DOWNGRADE FROM THAT COVERED BY THE TRIAL; THEREFORE, IF YOU PURCHASE A SERVICE THAT WOULD BE A DOWNGRADE FROM THAT COVERED BY THE TRIAL, YOU MUST EXPORT YOUR DATA BEFORE THE END OF THE TRIAL PERIOD OR YOUR DATA WILL BE PERMANENTLY LOST. DURING THE FREE TRIAL, THE SERVICES ARE PROVIDED “AS AS-IS” WITH NO EXPRESS OR IMPLIED WARRANTY AND PROS SHALL HAVE NO INDEMNIFICATION OBLIGATIONS, NOR WITHOUT ANY LIABILITY OF ANY TYPE WITH RESPECT TO A FREE TRIAL SERVICE, UNLESS SUCH EXCLUSION OF LIABILITY IS UNENFORCEABLE UNDER APPLICABLE LAW IN WHICH CASE, PROS TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO A FREE TRIAL SERVICE IS US$1,000WARRANTY. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN SECTION 7 ABOVE, CUSTOMER SHALL BE FULLY LIABLE FOR ANY DAMAGES ARISING OUT OF ITS USE OF A FREE TRIAL SERVICEDuring any free trial period Provider may disclose anonymous data about Your use of the Services (“Usage Statistics”) to Our service providers for the purpose of helping Us improve the Services. ANY CUSTOMER DATA AND CONFIGURATIONS ENTERED INTO CUSTOMER’S FREE TRIAL SERVICE ACCOUNT MAY BE PERMANENTLY LOST UPON TERMINATION OF THE FREE TRIAL SERVICEAny such disclosures of Usage Statistics to Our service providers will not include Your identity. 5.

Appears in 1 contract

Samples: Master Subscription Agreement

Free Trial. If Customer uses You register on our website for a Free Trial Servicefree trial, PROS We will make such Free Trial Service one or more Services available to Customer You on a trial basis, basis free of charge, charge until the earlier of (a) the end of the free trial period for which Customer agreed you registered or are registering to use such Free Trial Service, the applicable Service or (b) the start date of any Subscription Service purchased Purchased Services ordered by Customer for the same service, or (c) termination of the Free Trial Service by PROS in its sole discretionYou. Additional trial terms and conditions may appear on the trial registration web page. Any such additional terms and conditions are incorporated into this Agreement by reference and are legally binding. Free Trial Services are provided for evaluation purposes and not for production useANY DATA YOU ENTER INTO THE SERVICES, AND ANY CUSTOMIZATIONS MADE TO THE SERVICES BY OR FOR YOU, DURING YOUR FREE TRIAL WILL BE PERMANENTLY LOST UNLESS YOU PURCHASE A SUBSCRIPTION TO THE SAME SERVICES AS THOSE COVERED BY THE TRIAL, PURCHASE UPGRADED SERVICES, OR EXPORT SUCH DATA, BEFORE THE END OF THE TRIAL PERIOD. Customer shall have sole responsibility and PROS assumes no liability for any Customer Data that Customer may choose to upload on the Free Trial ServicesYOU CANNOT TRANSFER DATA ENTERED OR CUSTOMIZATIONS MADE DURING THE FREE TRIAL TO A SERVICE THAT WOULD BE A DOWNGRADE FROM THAT COVERED BY THE TRIAL (E.G., FROM ENTERPRISE EDITION TO PROFESSIONAL EDITION OR FROM PROFESSIONAL EDITION TO GROUP EDITION); THEREFORE, IF YOU PURCHASE A SERVICE THAT WOULD BE A DOWNGRADE FROM THAT COVERED BY THE TRIAL, YOU MUST EXPORT YOUR DATA BEFORE THE END OF THE TRIAL PERIOD OR YOUR DATA WILL BE PERMANENTLY LOST. NOTWITHSTANDING SECTION 5 9 (WARRANTIES AND 6 ABOVEDISCLAIMERS), DURING THE FREE TRIAL THE SERVICES ARE PROVIDED “AS AS-IS” WITH NO EXPRESS OR IMPLIED WARRANTY AND PROS SHALL HAVE NO INDEMNIFICATION OBLIGATIONSWITHOUT ANY WARRANTY. Please review the User Guide during the trial period so that You become familiar with the features and functions of the Services before You make Your purchase. If You are located in the United States, NOR ANY LIABILITY OF ANY TYPE WITH RESPECT TO A FREE TRIAL SERVICEthen during any free trial period We may disclose anonymous data about Your use of the Services (“Usage Statistics”) to our service providers for the purpose of helping us improve our users’ experience with the Services, UNLESS SUCH EXCLUSION OF LIABILITY IS UNENFORCEABLE UNDER APPLICABLE LAW IN WHICH CASE, PROS TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO A FREE TRIAL SERVICE IS US$1,000or as required by law. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN SECTION 7 ABOVE, CUSTOMER SHALL BE FULLY LIABLE FOR ANY DAMAGES ARISING OUT OF ITS USE OF A FREE TRIAL SERVICEAny such disclosures of Usage Statistics to our service providers will not include Your identity. ANY CUSTOMER DATA AND CONFIGURATIONS ENTERED INTO CUSTOMER’S FREE TRIAL SERVICE ACCOUNT MAY BE PERMANENTLY LOST UPON TERMINATION OF THE FREE TRIAL SERVICE.Back to Top

Appears in 1 contract

Samples: Master Subscription Agreement

Free Trial. If Customer uses is a Free Trial new customer of the Subject Service, PROS will make such Free Trial Service available to Customer on a trial basismay receive limited, free trial access to the Subject Service (“Free Trial”), subject to the terms and conditions of chargethis Agreement, until before submitting an order for purchasing access to the earlier Subject Service. During the Free Trial, Customer may upload to the Service, or send to Illumina for Illumina to upload to the Service, up to ten cases’ worth of de-identified samples and tumor- normal pairs (“Trial Data”), or up to the maximum Trial Data specified in Customer’s no-fee quotation or otherwise agreed between the parties, and Customer may exercise the rights granted in Section 1(a) solely for the purpose of uploading, analyzing, and creating reports using the Trial Data, and not any other Data. Customer warrants, represents, and covenants that: (a) the Trial Data will have been obtained under informed subject consent and with approval of all applicable institutional review boards and other research oversight committees for use consistent with this Agreement; (b) Customer has the right to provide the Trial Data to Illumina for use in accordance with this Agreement; and (c) all Trial Data will have been de-identified and anonymized, and will not contain, or be transmitted with, personally identifiable subject information. At any time during the Free Trial, Customer may purchase access to the Subject Service by placing an order with Illumina. Customer’s continued use of the Subject Service following the Free Trial is subject to the terms and conditions of this Agreement. Illumina reserves the right to delete the Trial Data following the Free Trial to the extent that Customer does not purchase a paid subscription to the Subject Services within seven (7) days following the end of the free trial period for which Customer agreed to use such Free Trial Service, (b) the start date of any Subscription Service purchased by Customer for the same service, or (c) termination of the Free Trial Service by PROS in its sole discretion. Additional trial terms and conditions may appear on the trial registration web page. Any such additional terms and conditions are incorporated into this Agreement by reference and are legally binding. Free Trial Services are provided for evaluation purposes and not for production use. Customer shall have sole responsibility and PROS assumes no liability for any Customer Data that Customer may choose to upload on the Free Trial Services. NOTWITHSTANDING SECTION 5 AND 6 ABOVE, FREE TRIAL SERVICES ARE PROVIDED “AS IS” WITH NO EXPRESS OR IMPLIED WARRANTY AND PROS SHALL HAVE NO INDEMNIFICATION OBLIGATIONS, NOR ANY LIABILITY OF ANY TYPE WITH RESPECT TO A FREE TRIAL SERVICE, UNLESS SUCH EXCLUSION OF LIABILITY IS UNENFORCEABLE UNDER APPLICABLE LAW IN WHICH CASE, PROS TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO A FREE TRIAL SERVICE IS US$1,000Trial. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN SECTION 7 ABOVETHIS AGREEMENT, CUSTOMER TO THE EXTENT PERMITTED BY APPLICABLE LAW, ILLUMINA DOES NOT PROVIDE ANY WARRANTY, SUPPORT OR INDEMNIFICATION, AND ILLUMINA SHALL BE FULLY LIABLE HAVE NO LIABILITY OF ANY KIND WITH RESPECT TO THE SERVICES FOR ANY DAMAGES ARISING OUT OF ITS USE OF A FREE TRIAL SERVICE. ANY CUSTOMER DATA AND CONFIGURATIONS ENTERED INTO CUSTOMER’S FREE TRIAL SERVICE ACCOUNT MAY BE PERMANENTLY LOST UPON TERMINATION OF THE FREE TRIAL SERVICETRIAL.

Appears in 1 contract

Samples: Illumina Connected Insights Products Subscription Agreement

Free Trial. If Customer uses registers on ADVISORCONX’s website for a Free Trial Servicefree trial, PROS ADVISORCONX will make such Free Trial Service the applicable Service(s) available to Customer on a trial basis, basis free of charge, charge until the earlier of (a) the end of the free trial period for which Customer agreed registered to use such Free Trial Servicethe applicable Service(s), or (b) the start date of any Subscription Purchased Service purchased subscriptions ordered by Customer for the same servicesuch Service(s), or (c) termination of the Free Trial Service by PROS ADVISORCONX in its sole discretion. Additional trial terms and conditions may appear on the trial registration web page. Any such additional terms and conditions are incorporated into this Agreement by reference and are legally binding. Free Trial Services Any data customer enters into the services, and any customizations made to the services by or for customer, during customer’s free trial will be permanently lost unless (a) customer purchases a subscription to the same services as those covered by the trial, (b) purchases applicable upgraded services, or (c) exports such data, before the end of the trial period. Notwithstanding the “representations, warranties, exclusive remedies and disclaimers” section and “indemnification by ADVISORCONX” section below, during the free trial the services are provided “as-is” without any warranty and ADVISORCONX shall have no indemnification obligations nor liability of any type with respect to the services for evaluation purposes the free trial period. Without limiting the foregoing, ADVISORCONX and its affiliates and its licensors do not represent or warrant to customer that: (a) customer’s use of the services during the free trial period will meet customer’s requirements, (b) customer’s use of the services during the free trial period will be uninterrupted, timely, secure or free from error, and (c) usage data provided during the free trial period will be accurate. Notwithstanding anything to the contrary in the “limitation of liability” section below, customer shall be fully liable under this agreement to ADVISORCONX and its affiliates for production useany damages arising out of customer’s use of the services during the free trial period, any breach by customer of this agreement and any of customer’s indemnification obligations hereunder. Customer shall have sole responsibility review the applicable service’s documentation during the trial period to become familiar with the features and PROS assumes no liability for any Customer Data that Customer may choose to upload on functions of the Free Trial Services. NOTWITHSTANDING SECTION 5 AND 6 ABOVE, FREE TRIAL SERVICES ARE PROVIDED “AS IS” WITH NO EXPRESS OR IMPLIED WARRANTY AND PROS SHALL HAVE NO INDEMNIFICATION OBLIGATIONS, NOR ANY LIABILITY OF ANY TYPE WITH RESPECT TO A FREE TRIAL SERVICE, UNLESS SUCH EXCLUSION OF LIABILITY IS UNENFORCEABLE UNDER APPLICABLE LAW IN WHICH CASE, PROS TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO A FREE TRIAL SERVICE IS US$1,000. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN SECTION 7 ABOVE, CUSTOMER SHALL BE FULLY LIABLE FOR ANY DAMAGES ARISING OUT OF ITS USE OF A FREE TRIAL SERVICE. ANY CUSTOMER DATA AND CONFIGURATIONS ENTERED INTO CUSTOMER’S FREE TRIAL SERVICE ACCOUNT MAY BE PERMANENTLY LOST UPON TERMINATION OF THE FREE TRIAL SERVICEservices before making a purchase.

Appears in 1 contract

Samples: Master Subscription Agreement

Free Trial. If Customer uses You register on Our website for a Free Trial Servicefree trial, PROS We will make such Free Trial Service one or more Services available to Customer You on a trial basis, basis free of charge, charge until the earlier of (a) the end of the free trial period for which Customer agreed You registered to use such Free Trial Servicethe applicable Service(s), or (b) the start date of any Subscription Purchased Service purchased subscriptions ordered by Customer You for the same servicesuch Service(s), or (c) termination of the Free Trial Service by PROS Us in its our sole discretion. Additional trial terms and conditions may appear on the trial registration web page. Any such additional terms and conditions are incorporated into this Agreement by reference and are legally binding. Free Trial Services Any data you enter into the services, and any customizations made to the services by or for you, during your free trial will be permanently lost unless you purchase a subscription to the same services as those covered by the trial, purchase applicable upgraded services, or export such data, before the end of the trial period. You cannot transfer data entered or customizations made during the free trial to a service that would be a downgrade from that covered by the trial; therefore, if you purchase a service that would be a downgrade from that covered by the trial, you must export your data before the end of the trial period or your data will be permanently lost. Notwithstanding such sections as representations, warranties, exclusive remedies and disclaimers and indemnification by us, during the free trial the services are provided for evaluation purposes “as-is” without any warranty and not for production use. Customer bpm’online shall have sole responsibility no indemnification obligations with respect to the services for the free trial period. Without limiting the foregoing, bpm’online and PROS assumes no liability its affiliates and its licensors do not represent or warrant to you that: (a) your use of the services during the free trial period will meet your requirements, (b) your use of the services during the free trial period will be uninterrupted, timely, secure or free from error, and (c) usage data provided during the free trial period will be accurate. Notwithstanding anything to the contrary in section limitation of liability, you shall be fully liable under this agreement to bpm’online and its affiliates for any Customer Data that Customer may choose to upload on damages arising out of your use of the Free Trial Services. NOTWITHSTANDING SECTION 5 AND 6 ABOVEservices during the free trial period, FREE TRIAL SERVICES ARE PROVIDED “AS IS” WITH NO EXPRESS OR IMPLIED WARRANTY AND PROS SHALL HAVE NO INDEMNIFICATION OBLIGATIONS, NOR ANY LIABILITY OF ANY TYPE WITH RESPECT TO A FREE TRIAL SERVICE, UNLESS SUCH EXCLUSION OF LIABILITY IS UNENFORCEABLE UNDER APPLICABLE LAW IN WHICH CASE, PROS TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO A FREE TRIAL SERVICE IS US$1,000. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN SECTION 7 ABOVE, CUSTOMER SHALL BE FULLY LIABLE FOR ANY DAMAGES ARISING OUT OF ITS USE OF A FREE TRIAL SERVICE. ANY CUSTOMER DATA AND CONFIGURATIONS ENTERED INTO CUSTOMER’S FREE TRIAL SERVICE ACCOUNT MAY BE PERMANENTLY LOST UPON TERMINATION OF THE FREE TRIAL SERVICEany breach by you of this agreement and any of your indemnification obligations hereunder.

Appears in 1 contract

Samples: Master Subscription Agreement

Free Trial. If Customer uses a Free Trial Service, PROS PROS will make such Free Trial Service available to Customer on a trial basis, free of charge, until the earlier of (a) the end of the free trial period for which Customer agreed to use such Free Trial Service, (b) the start date of any Subscription Service purchased by Customer for the same service, or (c) termination of the Free Trial Service by PROS in its sole discretion. Additional trial terms and conditions may appear on the trial registration web page. Any such additional terms and conditions are incorporated into this Agreement by reference and are legally binding. Free Trial Services are provided for evaluation purposes and not for production use. Customer shall have sole responsibility and PROS assumes no liability for any Customer Data that Customer may choose to upload on the Free Trial Services. NOTWITHSTANDING SECTION 5 AND 6 ABOVE, FREE TRIAL SERVICES ARE PROVIDED “AS IS” WITH NO EXPRESS OR IMPLIED WARRANTY AND PROS SHALL HAVE NO INDEMNIFICATION OBLIGATIONS, NOR ANY LIABILITY OF ANY TYPE WITH RESPECT TO A FREE TRIAL SERVICE, UNLESS SUCH EXCLUSION OF LIABILITY IS UNENFORCEABLE UNDER APPLICABLE LAW IN WHICH CASE, PROS TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO A FREE TRIAL SERVICE IS US$1,000. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN SECTION 7 ABOVE, CUSTOMER SHALL BE FULLY LIABLE FOR ANY DAMAGES ARISING OUT OF ITS USE OF A FREE TRIAL SERVICE. ANY CUSTOMER DATA AND CONFIGURATIONS ENTERED INTO CUSTOMER’S FREE TRIAL SERVICE ACCOUNT MAY BE PERMANENTLY LOST UPON TERMINATION OF THE FREE TRIAL SERVICE.

Appears in 1 contract

Samples: Subscription and Professional Services Agreement

Free Trial. If Customer uses 3.1.1 Upon registration for a Free Trial Servicefree trial, PROS will if such free trial of the Services is provided, ERPJS may make such Free Trial Service some of the Services either in full or in part available to Customer the Subscriber on a trial basis, basis free of charge, charge until the earlier of (a) the end of the free trial period specified in the Services Pack description or ERPJS web page for which Customer agreed the Subscriber is registered or is registering to use such Free Trial Service, the applicable Services or (b) the start date of any Subscription Service purchased by Customer for subscription to the same service, or (c) termination of the Free Trial Service by PROS in its sole discretionServices. Additional trial terms and conditions may appear on the trial registration web pagepage or in the Services pack description. Any such additional terms and conditions are incorporated into this Agreement by reference and are legally binding. Free Trial Services are provided for evaluation purposes Terms and not for production useconditions of this Agreement with special conditions stated in Clause 3.1 apply also during the trial period. Customer shall have sole responsibility and PROS assumes no liability for any Customer Data that Customer may choose to upload on the Free Trial Services. NOTWITHSTANDING SECTION 5 ANY DATA THE SUBSCRIBER ENTERS INTO THE SYSTEM, AND 6 ABOVEANY CUSTOMIZATIONS MADE TO THE SYSTEM BY OR FOR THE SUBSCRIBER, DURING USER’S FREE TRIAL PERIOD WILL BE PERMANENTLY LOST UNLESS THE SUBSCRIBER SUBSCRIBES TO THE SAME SERVICES AS THAT COVERED BY THE TRIAL, SUBSCRIBES TO THE UPGRADED SERVICES, OR EXPORT SUCH DATA FROM THE SYSTEM, BEFORE THE END OF THE TRIAL PERIOD. THE SUBSCRIBER CANNOT TRANSFER DATA ENTERED OR CUSTOMIZATIONS MADE DURING THE FREE TRIAL TO A SYSTEM THAT WOULD BE A DOWNGRADE FROM THAT COVERED BY THE TRIAL; THEREFORE, IF THE SUBSCRIBER SUBSCRIBES TO THE SERVICES THAT WOULD BE A DOWNGRADE FROM THAT COVERED BY THE TRIAL, THE SUBSCRIBER MUST EXPORT IT’S DATA FROM THE SYSTEM BEFORE THE END OF THE TRIAL PERIOD OR IT’S DATA WILL BE PERMANENTLY LOST. DURING THE FREE TRIAL THE SERVICES ARE PROVIDED “AS IS” WITH NO EXPRESS OR IMPLIED WARRANTY AND PROS SHALL HAVE NO INDEMNIFICATION OBLIGATIONSWITHOUT ANY WARRANTY. The Subscriber shall review any available Documentation (e.g. manuals, NOR ANY LIABILITY OF ANY TYPE WITH RESPECT TO A FREE TRIAL SERVICEtraining materials, UNLESS SUCH EXCLUSION OF LIABILITY IS UNENFORCEABLE UNDER APPLICABLE LAW IN WHICH CASEdemos etc) as well as test the Services and the System during the trial period so that the Subscriber becomes familiar with the features and functions provided as well as finds it appropriate for itself and becomes familiar with the applicable fees and evaluates its material situation before the Subscriber starts the subscription to the Services. Should the Subscriber find the available Documentation, PROS TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO A FREE TRIAL SERVICE IS US$1,000. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN SECTION 7 ABOVEServices Pack description(s) not enough or the Free Trial Period not long enough for making a decision either the Services fit the purpose of the Subscriber and meet it’s expectations, CUSTOMER SHALL BE FULLY LIABLE FOR ANY DAMAGES ARISING OUT OF ITS USE OF A FREE TRIAL SERVICE. ANY CUSTOMER DATA AND CONFIGURATIONS ENTERED INTO CUSTOMER’S FREE TRIAL SERVICE ACCOUNT MAY BE PERMANENTLY LOST UPON TERMINATION OF THE FREE TRIAL SERVICEor to become fully familiar with the features and functions of the Services or to find out that applicable fees and terms are appropriate for the Subscriber, the Subscriber must not subscribe to the Services.

Appears in 1 contract

Samples: Subscription Agreement

Free Trial. If Customer uses registers on Company’s website for a Free Trial Servicefree trial, PROS Company will make such Free Trial Service the applicable Services available to Customer on a trial basis, basis free of charge, charge until the earlier of (a) the end of the free trial period for which Customer agreed registered to use such Free Trial Servicethe applicable Services, or (b) the start date of any Subscription Service purchased by Customer paying for a subscription to the same servicePlatform, or (c) termination of the Free Trial Service by PROS Company in its sole discretion. Additional trial terms and conditions may appear on the trial registration web page. Any such additional terms and conditions are incorporated into this Agreement by reference and are legally binding. Free Trial Services are provided for evaluation purposes and not for production use. Customer shall have sole responsibility and PROS assumes no liability for any Customer Data that Customer may choose to upload on the Free Trial ServicesANY DATA CUSTOMER ENTERS INTO THE PLATFORM, MARKETPLACE CONTENT CUSTOMER ACQUIRES IN THE PLATFORM, AND ANY CUSTOMIZATIONS MADE TO THE PLATFORM BY OR FOR CUSTOMER, DURING CUSTOMER’S FREE TRIAL WILL BE PERMANENTLY LOST UNLESS CUSTOMER PURCHASES A SUBSCRIPTION TO THE SAME PLATFORM SERVICES AS THOSE COVERED BY THE TRIAL. NOTWITHSTANDING SECTION 5 THE REPRESENTATIONS, WARRANTIES, REMEDIES, DISCLAIMERS AND 6 ABOVEINDEMNIFICATIONS BELOW, DURING THE FREE TRIAL THE SERVICES ARE PROVIDED “AS AS-IS” WITH NO EXPRESS OR IMPLIED WITHOUT ANY WARRANTY AND PROS COMPANY SHALL HAVE NO INDEMNIFICATION OBLIGATIONS, OBLIGATIONS NOR ANY LIABILITY OF ANY TYPE WITH RESPECT TO A THE SERVICES FOR THE FREE TRIAL SERVICE, PERIOD UNLESS SUCH EXCLUSION OF LIABILITY IS UNENFORCEABLE NOT ENFORCEABLE UNDER APPLICABLE LAW IN WHICH CASE, PROS TOTAL AGGREGATE CASE COMPANY’S LIABILITY ARISING OUT OF OR RELATING WITH RESPECT TO A THE SERVICES PROVIDED DURING THE FREE TRIAL SERVICE IS US$1,000SHALL NOT EXCEED $1,000.00. WITHOUT LIMITING THE FOREGOING, COMPANY AND ITS AFFILIATES AND ITS LICENSORS DO NOT REPRESENT OR WARRANT TO CUSTOMER THAT: (A) CUSTOMER’S USE OF THE SERVICES DURING THE FREE TRIAL PERIOD WILL MEET CUSTOMER’S REQUIREMENTS, (B) CUSTOMER’S USE OF THE SERVICES DURING THE FREE TRIAL PERIOD WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR, AND USAGE DATA PROVIDED DURING THE FREE TRIAL PERIOD WILL BE ACCURATE. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN SECTION 7 ABOVETHE LIMITATION OF LIABILITY, CUSTOMER SHALL BE FULLY LIABLE UNDER THIS AGREEMENT TO COMPANY AND ITS AFFILIATES FOR ANY DAMAGES ARISING OUT OF ITS CUSTOMER’S USE OF A FREE TRIAL SERVICE. ANY CUSTOMER DATA AND CONFIGURATIONS ENTERED INTO CUSTOMER’S FREE TRIAL SERVICE ACCOUNT MAY BE PERMANENTLY LOST UPON TERMINATION OF THE SERVICES DURING THE FREE TRIAL PERIOD, ANY BREACH BY CUSTOMER OF THIS AGREEMENT AND ANY OF CUSTOMER’S INDEMNIFICATION OBLIGATIONS HEREUNDER. CUSTOMER SHALL REVIEW THE APPLICABLE SERVICE’S DOCUMENTATION DURING THE TRIAL PERIOD TO BECOME FAMILIAR WITH THE FEATURES AND FUNCTIONS OF THE SERVICES BEFORE MAKING A PURCHASE.

Appears in 1 contract

Samples: Master Subscription Agreement

Free Trial. If Customer uses With regard to any permitted access to and use of a Service by Company related to a free trial, free use, evaluation, license key extension, or other non-production use authorized by Sonatype (the “Free Trial ServiceUse”), PROS will Sonatype agrees, subject to the terms set forth in this Section and this Agreement, to make such Free Trial Service available to Customer Company for a term to expire on a trial basis, free of charge, until the earlier of of: (a) the end of the free trial period for which Customer agreed Company is granted access to use such Free Trial Use of a Service, ; or (b) the start date of any Subscription for such Service purchased by Customer for Company from Sonatype (the same service“Free Use Period”); provided, or (c) termination of that Sonatype may terminate the Free Trial Service by PROS in Use Period at its sole discretiondiscretion by providing notice to Company. In the event of a conflict between this Section and any other portion of this Agreement, this Section shall control. Additional trial terms and conditions governing such Free Use may appear on the trial registration web page. Any be imposed by Sonatype, and any such additional terms and conditions are incorporated into this Agreement by reference and are legally binding. Free Trial Services are provided for evaluation purposes and not for production useANY COMPANY DATA THAT COMPANY ENTERS INTO THE SERVICEE, AND ANY PERMITTED CUSTOMIZATIONS MADE TO THE SERVICE BY OR FOR COMPANY, DURING THE FREE USE PERIOD WILL BE PERMANENTLY LOST UNLESS (a) COMPANY PURCHASES A SUBSCRIPTION TO THE SAME SERVICE AS THOSE COVERED BY THE FREE USE OR (b) EXPORTS SUCH COMPANY DATA BEFORE THE END OF THE FREE USE PERIOD. Customer shall have sole responsibility and PROS assumes no liability for any Customer Data that Customer may choose to upload on the Free Trial ServicesCOMPANY CANNOT TRANSFER DATA ENTERED OR CUSTOMIZATIONS MADE DURING THE FREE USE PERIOD TO A SERVICE THAT WOULD BE A DOWNGRADE FROM THAT USED DURING THE FREE USE PERIOD AND, THEREFORE, IF COMPANY PURCHASES A SUBSCRIPTION TO A SERVICE THAT WOULD BE A DOWNGRADE COMPANY MUST EXPORT ITS DATA BEFORE THE END OF THE FREE USE PERIOD OR IT WILL BE PERMANENTLY LOST. NOTWITHSTANDING SECTION 5 8 (WARRANTIES AND 6 ABOVEDISCLAIMERS), SECTION 9 (INDEMNIFICATION), AND SECTION 10 (LIMITATION OF LIABILITY), DURING THE FREE TRIAL SERVICES ARE USE PERIOD THE SERVICE IS PROVIDED “AS AS-IS” WITH NO EXPRESS OR IMPLIED WITHOUT ANY WARRANTY AND PROS SONATYPE SHALL HAVE NO INDEMNIFICATION OBLIGATIONS, OBLIGATIONS NOR ANY LIABILITY OF ANY TYPE WITH RESPECT TO A FREE TRIAL SERVICE, THE SERVICE UNLESS SUCH EXCLUSION OF LIABILITY IS UNENFORCEABLE NOT ENFORCEABLE UNDER APPLICABLE LAW IN WHICH CASE, PROS TOTAL CASE SONATYPE’S AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO A FREE TRIAL SERVICE IS US$1,000. NOTWITHSTANDING ANYTHING WITH RESPECT TO THE CONTRARY IN SECTION 7 ABOVE, CUSTOMER SHALL BE FULLY LIABLE FOR ANY DAMAGES ARISING OUT OF ITS USE OF A FREE TRIAL SERVICE. ANY CUSTOMER DATA AND CONFIGURATIONS ENTERED INTO CUSTOMER’S FREE TRIAL SERVICE ACCOUNT MAY BE PERMANENTLY LOST UPON TERMINATION OF SERVICIE PROVIDED TO COMPANY DURING THE FREE TRIAL SERVICEUSE PERIOD SHALL NOT EXCEED $1,000.00.

Appears in 1 contract

Samples: s3.amazonaws.com

Free Trial. If Customer uses you register on Our website for a Free Trial Servicefree trial or are provided a free trial, PROS without registration, in another manner by Foxtrot, We will make such Free Trial our Service available to Customer You on a trial basis, basis free of charge, charge until the earlier of (ai) the end of the free trial period for which Customer agreed You registered to use such Free Trial Service, the applicable Service or (bii) the start date of any Subscription Purchased Service purchased subscription ordered by Customer You for the same service, such Service or (ciii) termination of the Free Trial Service by PROS Us in its our sole discretion. Additional trial terms and conditions may appear on the trial registration web page. Any such additional terms and conditions are incorporated into this Agreement by reference and are legally bindingreference. Free Trial Services are provided for evaluation purposes and not for production use. Customer shall have sole responsibility and PROS assumes no liability for any Customer Data that Customer may choose to upload on the Free Trial ServicesANY DATA YOU ENTER INTO THE SERVICE, AND ANY CUSTOMIZATIONS MADE TO THE SERVICE BY OR FOR YOU, DURING YOUR FREE TRIAL MAY BE PERMANENTLY LOST UNLESS YOU PURCHASE A SUBSCRIPTION TO THE SAME SERVICE COVERED BY THE TRIAL OR EXPORT SUCH DATA BEFORE THE END OF THE TRIAL PERIOD. NOTWITHSTANDING SECTION 5 SECTIONS 6.6 Indemnity. AND 6 ABOVE8. 8. WARRANTIES AND DISCLAIMERS., DURING THE FREE TRIAL SERVICES ARE THE SERVICE IS PROVIDED “AS AS-IS” WITH NO EXPRESS OR IMPLIED WITHOUT ANY WARRANTY AND PROS FOXTROT SHALL HAVE NO INDEMNIFICATION OBLIGATIONS, NOR ANY LIABILITY OF ANY TYPE OBLIGATIONS UNDER SECTION 6.6 WITH RESPECT TO A FREE TRIAL SERVICE, UNLESS SUCH EXCLUSION OF LIABILITY IS UNENFORCEABLE UNDER APPLICABLE LAW IN WHICH CASE, PROS TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO A FREE TRIAL THE SERVICE IS US$1,000. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN SECTION 7 ABOVE, CUSTOMER SHALL BE FULLY LIABLE FOR ANY DAMAGES ARISING OUT OF ITS USE OF A FREE TRIAL SERVICE. ANY CUSTOMER DATA AND CONFIGURATIONS ENTERED INTO CUSTOMER’S FREE TRIAL SERVICE ACCOUNT MAY BE PERMANENTLY LOST UPON TERMINATION OF THE FREE TRIAL SERVICEPERIOD. WITHOUT LIMITING THE FOREGOING, FOR FREE TRIALS, FOXTROT DOES NOT REPRESENT OR WARRANT TO YOU THAT: (A) YOUR USE OF THE SERVICE DURING THE FREE TRIAL PERIOD WILL MEET YOUR REQUIREMENTS, AND (B) YOUR USE OF THE SERVICE DURING THE FREE TRIAL PERIOD WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR.

Appears in 1 contract

Samples: Master Subscription Agreement

Free Trial. If Customer uses registers on the SSC website for a Free Trial Servicefree trial or otherwise utilizes the functionality of the Services for free, PROS SSC will make such Free Trial Service one or more Services available to Customer on a trial basis, free of charge, until the earlier of (a) the end of the free trial period for which Customer agreed registered to use such Free Trial Servicethe applicable Service(s), or (b) the start date of any Subscription Purchased Service purchased subscriptions ordered by Customer for the same servicesuch Service(s). CUSTOMER SERVICES DATA ON SSC SYSTEMS OR IN OUR POSSESSION OR CONTROL, or (c) termination of the Free Trial Service by PROS in its sole discretionANY REPORTS, AND ANY CUSTOMIZATIONS MADE TO THE SERVICES BY OR FOR YOU, DURING YOUR FREE TRIAL MAY BE PERMANENTLY LOST OR DELETED AT THE END OF THE FREE TRIAL PERIOD UNLESS CUSTOMER PURCHASES A SUBSCRIPTION TO THE SAME SERVICES AS THOSE COVERED BY THE TRIAL OR PURCHASES UPGRADED SERVICES BEFORE THE END OF THE TRIAL PERIOD. Additional trial terms and conditions may appear on the trial registration web page. Any such additional terms and conditions are incorporated into this Agreement by reference and are legally binding. Free Trial Services are provided for evaluation purposes and not for production use. Customer shall have sole responsibility and PROS assumes no liability for any Customer Data that Customer may choose to upload on the Free Trial ServicesSSC WILL HAVE NO LIABILITY FOR ANY HARM OR DAMAGE ARISING OUT OF OR IN CONNECTION WITH A FREE TRIAL. NOTWITHSTANDING SECTION 5 8 (REPRESENTATIONS, WARRANTIES, EXCLUSIVE REMEDIES, AND 6 ABOVEDISCLAIMERS), DURING THE FREE TRIAL THE SERVICES ARE PROVIDED “AS AS-IS” WITH NO EXPRESS OR IMPLIED WARRANTY AND PROS SHALL HAVE NO INDEMNIFICATION OBLIGATIONS, NOR WITHOUT ANY LIABILITY OF ANY TYPE WITH RESPECT TO A FREE TRIAL SERVICE, UNLESS SUCH EXCLUSION OF LIABILITY IS UNENFORCEABLE UNDER APPLICABLE LAW IN WHICH CASE, PROS TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO A FREE TRIAL SERVICE IS US$1,000WARRANTY. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN SECTION 7 ABOVE, CUSTOMER SHALL BE FULLY LIABLE FOR ANY DAMAGES ARISING OUT OF ITS USE OF A FREE TRIAL SERVICE. ANY CUSTOMER DATA AND CONFIGURATIONS ENTERED INTO CUSTOMER’S FREE TRIAL SERVICE ACCOUNT MAY BE PERMANENTLY LOST UPON TERMINATION OF THE FREE TRIAL SERVICEPlease review the Documentation during the trial period so that you become familiar with the features and functions of the Services before you make your purchase.

Appears in 1 contract

Samples: User Saas Agreement

Free Trial. If Customer uses You register on our website for a Free Trial Servicefree trial, PROS We will make such Free Trial Service one or more Services available to Customer You on a trial basis, basis free of charge, charge until the earlier of (a) the end of the free trial period for which Customer agreed you registered to use such Free Trial Servicethe applicable Service(s), or (b) the start date of any Subscription Purchased Service purchased subscriptions ordered by Customer You for the same service, or (c) termination of the Free Trial Service by PROS in its sole discretionsuch Service(s). Additional trial terms and conditions may appear on the trial registration web page. Any such additional terms and conditions are incorporated into this Agreement by reference and are legally binding. Free Trial Services are provided for evaluation purposes and not for production useANY DATA YOU ENTER INTO THE SERVICES, AND ANY CUSTOMIZATIONS MADE TO THE SERVICES BY OR FOR YOU, DURING YOUR FREE TRIAL WILL BE PERMANENTLY LOST UNLESS YOU PURCHASE A SUBSCRIPTION TO THE SAME SERVICES AS THOSE COVERED BY THE TRIAL, PURCHASE UPGRADED SERVICES, OR EXPORT SUCH DATA, BEFORE THE END OF THE TRIAL PERIOD. Customer shall have sole responsibility and PROS assumes no liability for any Customer Data that Customer may choose to upload on the Free Trial ServicesYOU CANNOT TRANSFER DATA ENTERED OR CUSTOMIZATIONS MADE DURING THE FREE TRIAL TO A SERVICE THAT WOULD BE A DOWNGRADE FROM THAT COVERED BY THE TRIAL; THEREFORE, IF YOU PURCHASE A SERVICE THAT WOULD BE A DOWNGRADE FROM THAT COVERED BY THE TRIAL, YOU MUST EXPORT YOUR DATA BEFORE THE END OF THE TRIAL PERIOD OR YOUR DATA WILL BE PERMANENTLY LOST. NOTWITHSTANDING SECTION 5 9 (REPRESENTATIONS, WARRANTIES, EXCLUSIVE REMEDIES AND 6 ABOVEDISCLAIMERS), DURING THE FREE TRIAL THE SERVICES ARE PROVIDED “AS AS-IS” WITH NO EXPRESS OR IMPLIED WARRANTY AND PROS SHALL HAVE NO INDEMNIFICATION OBLIGATIONSWITHOUT ANY WARRANTY. Please review the Documentation during the trial period so that You become familiar with the features and functions of the Services before You make Your purchase. If You are located in the United States, NOR ANY LIABILITY OF ANY TYPE WITH RESPECT TO A FREE TRIAL SERVICE, UNLESS SUCH EXCLUSION OF LIABILITY IS UNENFORCEABLE UNDER APPLICABLE LAW IN WHICH CASE, PROS TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO A FREE TRIAL SERVICE IS US$1,000then during any free trial period We may disclose anonymous data about Your use of the Services (“Usage Statistics”) to our service providers for the purpose of helping us improve the Services. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN SECTION 7 ABOVE, CUSTOMER SHALL BE FULLY LIABLE FOR ANY DAMAGES ARISING OUT OF ITS USE OF A FREE TRIAL SERVICE. ANY CUSTOMER DATA AND CONFIGURATIONS ENTERED INTO CUSTOMER’S FREE TRIAL SERVICE ACCOUNT MAY BE PERMANENTLY LOST UPON TERMINATION OF THE FREE TRIAL SERVICEAny such disclosures of Usage Statistics to our service providers will not include Your identity.

Appears in 1 contract

Samples: Master Subscription Agreement

Free Trial. If Customer uses You register on our website for a Free Trial Servicefree trial, PROS We will make such Free Trial Service one or more Services available to Customer You on a trial basis, basis free of charge, charge until the earlier of (a) the end of the free trial period for which Customer agreed you registered or are registering to use such Free Trial Service, the applicable Service or (b) the start date of any Subscription Service purchased Purchased Services ordered by Customer for the same service, or (c) termination of the Free Trial Service by PROS in its sole discretionYou. Additional Addi- tional trial terms and conditions may appear on the trial registration registra- tion web page. Any such additional terms and conditions are incorporated into this Agreement by reference and are legally binding. Free Trial Services are provided for evaluation purposes and not for production useANY DATA YOU ENTER INTO THE SERVICES, AND ANY CUSTOMI- ZATIONS MADE TO THE SERVICES BY OR FOR YOU, DURING YOUR FREE TRIAL WILL BE PERMANENTLY LOST UNLESS YOU PURCHASE A SUBSCRIPTION TO THE SAME SERVICES AS THOSE COVERED BY THE TRIAL, PURCHASE UPGRADED SERVICES, OR EXPORT SUCH DATA, BEFORE THE END OF THE TRIAL PERIOD. Customer shall have sole responsibility and PROS assumes no liability for any Customer Data that Customer may choose to upload on the Free Trial ServicesYOU WILL BE NOTIFIED ONE MONTH BEFORE THE END OF YOUR FREE TRIAL AND AGAIN ONE DAY BEFORE THE END OF YOUR FREE TRIAL. IF YOU DO NOT PURCHASE A SUBSCRIPTION, YOUR FREE TRIAL WILL END AND YOUR ACCOUNT WILL BE AUTOMATI- CALLY DOWNGRADED TO A FREE ACCOUNT WITH LIMITED FUNCTIONALITY. NOTWITHSTANDING SECTION 5 9 (WARRANTIES AND 6 ABOVEDISCLAIM- ERS), DURING THE FREE TRIAL THE SERVICES ARE PROVIDED “AS AS- IS” WITH NO EXPRESS OR IMPLIED WARRANTY AND PROS SHALL HAVE NO INDEMNIFICATION OBLIGATIONS, NOR WITHOUT ANY LIABILITY OF ANY TYPE WITH RESPECT TO A FREE TRIAL SERVICE, UNLESS SUCH EXCLUSION OF LIABILITY IS UNENFORCEABLE UNDER APPLICABLE LAW IN WHICH CASE, PROS TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO A FREE TRIAL SERVICE IS US$1,000WARRANTY. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN SECTION 7 ABOVE, CUSTOMER SHALL BE FULLY LIABLE FOR ANY DAMAGES ARISING OUT OF ITS USE OF A FREE TRIAL SERVICE. ANY CUSTOMER DATA AND CONFIGURATIONS ENTERED INTO CUSTOMER’S FREE TRIAL SERVICE ACCOUNT MAY BE PERMANENTLY LOST UPON TERMINATION OF THE FREE TRIAL SERVICEPlease review the User Guide during the trial period so that You become familiar with the features and functions of the Services before You make Your purchase.

Appears in 1 contract

Samples: Master Subscription Agreement

Free Trial. If Customer uses Buyer opts for a Free Trial Servicefree trial, PROS Innowi will make such Free Trial Service free trial service available to Customer Buyer on a trial basis, free of charge, until the earlier of of: (a) the end of the free trial period for which Customer agreed to use such Free Trial Service, period; (b) the start date payment of any the Subscription Service purchased by Customer for the same service, Fee; or (c) termination of the Free Trial Service free trial services by PROS Innowi in its sole discretion. Additional The free trial terms period may be extended upon mutual agreement by Innowi and conditions may appear on Xxxxx. Innowi reserves the right to collect the Hardware from Xxxxx’s premises at any point throughout the duration of the Free Trial, provided that Innowi has previously terminated the free trial registration web pageser- vice and provided written notice to Buyer. Any such additional terms and conditions are incorporated into Notwithstanding an- ything to the contrary in this Agreement by reference and are legally binding. Agreement, a Free Trial Services are Service is provided for evaluation purposes and not for production use. Customer shall have sole responsibility and PROS assumes no liability for any Customer Data that Customer may choose to upload on the Free Trial Services. NOTWITHSTANDING SECTION 5 AND 6 ABOVE, FREE TRIAL SERVICES ARE PROVIDED “AS IS.WITH INNOWI MAKES NO EXPRESS REPRESENTA- TION OR IMPLIED WARRANTY AND PROS SHALL HAVE NO INDEMNIFICATION OBLIGATIONS, NOR ANY OBLIGATIONS WITH RESPECT TO A FREE TRIAL SERVICE. INNOWI SHALL HAVE NO LIABILITY OF ANY TYPE WITH RESPECT TO A FREE TRIAL SERVICE, UNLESS SUCH EXCLUSION OF LIABILITY IS UNENFORCEABLE NOT ENFORCABLE UNDER APPLICABLE APPLICA- BLE LAW IN WHICH CASE, PROS CASE INNOWI’S TOTAL AGGREGATE AGGRE- GATE LIABILITY ARISING OUT OF OR RELATING TO A FREE TRIAL SERVICE IS US$1,000LIMITED TO THE QUOTED PURCHASE PRICE. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN SECTION 7 ABOVEPARAGRAPH 19 (“LIMITATION OF LIABILITY”), CUSTOMER BUYER SHALL NOT USE THE FREE TRIAL SERVICE IN A MANNER THAT VIOLATES APPLICABLE LAWS AND WILL BE FULLY LIABLE FOR ANY DAMAGES ARISING OUT OF CAUSED BY ITS USE OF A FREE TRIAL SERVICE. ANY CUSTOMER DATA AND CONFIGURATIONS CONFIGU- RATIONS ENTERED INTO CUSTOMERBUYER’S FREE TRIAL SERVICE SER- VICE ACCOUNT MAY BE PERMANENTLY LOST UPON TERMINATION OF THE FREE TRIAL SERVICE.

Appears in 1 contract

Samples: innowi.com

Free Trial. If Customer uses a Free Trial Service, PROS will We may make such Free Trial the AirVantage Management Service available to Customer You on a trial basis, basis free of charge, charge until the earlier of (a) the end of the free trial period Trial Period for which Customer agreed you registered or are registering to use such Free Trial the AirVantage Management Service, (b) the start date of any Subscription Service purchased by Customer for the same service, or (c) termination of the Free Trial Service by PROS in its sole discretion. Additional trial terms and conditions may appear on the trial registration web pagepage or other trial registration document entered into by You. Any such additional terms and conditions are incorporated into this Agreement by reference and are legally binding. Free Trial Services are provided for evaluation purposes and not for production useIF YOU ELECT TO USE THE AIRVANTAGE MANAGEMENT SERVICE FOR THE TRIAL PERIOD AND DO NOT PURCHASE A SUBSCRIPTION BEFORE THE END OF THE TRIAL PERIOD, YOUR TRIAL SUBSCRIPTION FOR THE AIRVANTAGE MANAGEMENT SERVICE WILL EXPIRE AT THE END OF THE TRIAL PERIOD AND SHALL NOT AUTO-RENEW. Customer shall have sole responsibility and PROS assumes no liability for any Customer Data that Customer may choose to upload on the Free Trial ServicesANY DATA ENTERED INTO THE AIRVANTAGE MANAGEMENT SERVICE BY YOU OR RECEIVED BY YOU IN CONNECTION WITH YOUR USE OF THE AIRVANTAGE MANAGEMENT SERVICE, WILL BE PERMANENTLY LOST UNLESS YOU PURCHASE A SUBSCRIPTION TO THE SAME AIRVANTAGE MANAGEMENT SERVICE AS THOSE COVERED BY THE TRIAL BEFORE THE END OF THE TRIAL PERIOD. NOTWITHSTANDING SECTION 5 10 (WARRANTIES AND 6 ABOVEDISCLAIMERS), FREE TRIAL SERVICES ARE PROVIDED “AS IS” WITH NO EXPRESS OR IMPLIED WARRANTY AND PROS SHALL HAVE NO INDEMNIFICATION OBLIGATIONS, NOR ANY LIABILITY OF ANY TYPE WITH RESPECT TO A FREE TRIAL SERVICE, UNLESS SUCH EXCLUSION OF LIABILITY IS UNENFORCEABLE UNDER APPLICABLE LAW IN WHICH CASE, PROS TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO A FREE TRIAL SERVICE IS US$1,000. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN SECTION 7 ABOVE, CUSTOMER SHALL BE FULLY LIABLE FOR ANY DAMAGES ARISING OUT OF ITS USE OF A FREE TRIAL SERVICE. ANY CUSTOMER DATA AND CONFIGURATIONS ENTERED INTO CUSTOMER’S FREE TRIAL SERVICE ACCOUNT MAY BE PERMANENTLY LOST UPON TERMINATION OF DURING THE FREE TRIAL SERVICETHE AIRVANTAGE MANAGEMENT SERVICE IS PROVIDED “AS-IS” WITHOUT ANY WARRANTY OR LIABILITY OR SUPPORT. Please review the User Documentation during the trial period so that You become familiar with the features and functions of the AirVantage Management Service before You make Your purchase.

Appears in 1 contract

Samples: Management Service End User License Agreement

Free Trial. If Customer uses registers on REVTWO’s or an Affiliate’s website for a Free Trial Servicefree trial, PROS REVTWO will make such Free Trial Service the applicable Service(s) available to Customer on a trial basis, basis free of charge, charge until the earlier of (a) the end of the free trial period for which Customer agreed registered to use such Free Trial Servicethe applicable Service(s), or (b) the start date of any Subscription Purchased Service purchased subscriptions ordered by Customer for the same servicesuch Service(s), or (c) termination of the Free Trial Service by PROS REVTWO in its sole discretion. Additional trial terms and conditions may appear on the trial registration web page. Any such additional terms and conditions are incorporated into this Agreement by reference and are legally binding. Free Trial Services are provided for evaluation purposes and not for production use. Customer shall have sole responsibility and PROS assumes no liability for any Customer Data that Customer may choose to upload on the Free Trial ServicesANY DATA CUSTOMER ENTERS INTO THE SERVICES, AND ANY CUSTOMIZATIONS MADE TO THE SERVICES BY OR FOR CUSTOMER, DURING CUSTOMER’S FREE TRIAL WILL BE PERMANENTLY LOST UNLESS CUSTOMER PURCHASES A SUBSCRIPTION TO THE SAME SERVICES AS THOSE COVERED BY THE TRIAL, PURCHASES APPLICABLE UPGRADED SERVICES, OR EXPORTS SUCH DATA, BEFORE THE END OF THE TRIAL PERIOD. NOTWITHSTANDING THE “REPRESENTATIONS, WARRANTIES, EXCLUSIVE REMEDIES AND DISCLAIMERS” SECTION 5 AND 6 ABOVE“INDEMNIFICATION BY REVTWO” SECTION BELOW, DURING THE FREE TRIAL THE SERVICES ARE PROVIDED “AS AS-IS” WITH NO EXPRESS OR IMPLIED WITHOUT ANY WARRANTY AND PROS REVTWO SHALL HAVE NO INDEMNIFICATION OBLIGATIONS, OBLIGATIONS NOR ANY LIABILITY OF ANY TYPE WITH RESPECT TO A THE SERVICES FOR THE FREE TRIAL SERVICE, PERIOD UNLESS SUCH EXCLUSION OF LIABILITY IS UNENFORCEABLE NOT ENFORCEABLE UNDER APPLICABLE LAW IN WHICH CASE, PROS TOTAL AGGREGATE CASE REVTWO’S LIABILITY ARISING OUT OF OR RELATING WITH RESPECT TO A THE SERVICES PROVIDED DURING THE FREE TRIAL SERVICE IS US$1,000SHALL NOT EXCEED $1,000.00. WITHOUT LIMITING THE FOREGOING, REVTWO AND ITS AFFILIATES AND ITS LICENSORS DO NOT REPRESENT OR WARRANT TO CUSTOMER THAT: (A) CUSTOMER’S USE OF THE SERVICES DURING THE FREE TRIAL PERIOD WILL MEET CUSTOMER’S REQUIREMENTS, (B) CUSTOMER’S USE OF THE SERVICES DURING THE FREE TRIAL PERIOD WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR, AND (C) USAGE DATA PROVIDED DURING THE FREE TRIAL PERIOD WILL BE ACCURATE. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THE “LIMITATION OF LIABILITY” SECTION 7 ABOVEBELOW, CUSTOMER SHALL BE FULLY LIABLE UNDER THIS AGREEMENT TO REVTWO AND ITS AFFILIATES FOR ANY DAMAGES ARISING OUT OF ITS CUSTOMER’S USE OF A FREE TRIAL SERVICE. ANY CUSTOMER DATA AND CONFIGURATIONS ENTERED INTO CUSTOMER’S FREE TRIAL SERVICE ACCOUNT MAY BE PERMANENTLY LOST UPON TERMINATION OF THE SERVICES DURING THE FREE TRIAL PERIOD, ANY BREACH BY CUSTOMER OF THIS AGREEMENT AND ANY OF CUSTOMER’S INDEMNIFICATION OBLIGATIONS HEREUNDER. CUSTOMER SHALL REVIEW THE APPLICABLE SERVICE’S DOCUMENTATION DURING THE TRIAL PERIOD TO BECOME FAMILIAR WITH THE FEATURES AND FUNCTIONS OF THE SERVICES BEFORE MAKING A PURCHASE.

Appears in 1 contract

Samples: Master Subscription Agreement

Free Trial. If Customer uses Buyer opts for a Free Trial Servicefree trial, PROS Innowi will make such Free Trial Service free trial service available to Customer Buyer on a trial basis, free of charge, until the earlier of of: (a) the end of the free trial period for which Customer agreed to use such Free Trial Service, period; (b) the start date payment of any the Subscription Service purchased by Customer for the same service, Fee; or (c) termination of the Free Trial Service free trial services by PROS Innowi in its sole discretion. Additional The free trial terms period may be extended upon mutual agreement by Innowi and conditions may appear on Buyer. Innowi reserves the right to collect the Hardware from Buyer’s premises at any point throughout the duration of the Free Trial, provided that Innowi has previously terminated the free trial registration web pageser- vice and provided written notice to Buyer. Any such additional terms and conditions are incorporated into Notwithstanding an- ything to the contrary in this Agreement by reference and are legally binding. Agreement, a Free Trial Services are Service is provided for evaluation purposes and not for production use. Customer shall have sole responsibility and PROS assumes no liability for any Customer Data that Customer may choose to upload on the Free Trial Services. NOTWITHSTANDING SECTION 5 AND 6 ABOVE, FREE TRIAL SERVICES ARE PROVIDED “AS IS.WITH INNOWI MAKES NO EXPRESS REPRESENTA- TION OR IMPLIED WARRANTY AND PROS SHALL HAVE NO INDEMNIFICATION OBLIGATIONS, NOR ANY OBLIGATIONS WITH RESPECT TO A FREE TRIAL SERVICE. INNOWI SHALL HAVE NO LIABILITY OF ANY TYPE WITH RESPECT TO A FREE TRIAL SERVICE, UNLESS SUCH EXCLUSION OF LIABILITY IS UNENFORCEABLE NOT ENFORCABLE UNDER APPLICABLE APPLICA- BLE LAW IN WHICH CASE, PROS CASE INNOWI’S TOTAL AGGREGATE AGGRE- GATE LIABILITY ARISING OUT OF OR RELATING TO A FREE TRIAL SERVICE IS US$1,000LIMITED TO THE QUOTED PURCHASE PRICE. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN SECTION 7 ABOVEPARAGRAPH 19 (“LIMITATION OF LIABILITY”), CUSTOMER BUYER SHALL NOT USE THE FREE TRIAL SERVICE IN A MANNER THAT VIOLATES APPLICABLE LAWS AND WILL BE FULLY LIABLE FOR ANY DAMAGES ARISING OUT OF CAUSED BY ITS USE OF A FREE TRIAL SERVICE. ANY CUSTOMER DATA AND CONFIGURATIONS CONFIGU- RATIONS ENTERED INTO CUSTOMERBUYER’S FREE TRIAL SERVICE SER- VICE ACCOUNT MAY BE PERMANENTLY LOST UPON TERMINATION OF THE FREE TRIAL SERVICE.

Appears in 1 contract

Samples: innowi.com

Free Trial. If Customer uses registers on KaaS’s or an Affiliate’s website for a Free Trial Servicefree trial, PROS KaaS will make such Free Trial Service the applicable Service(s) available to Customer on a trial basis, basis free of charge, charge until the earlier of (a) the end of the free trial period for which Customer agreed registered to use such Free Trial Servicethe applicable Service(s), or (b) the start date of any Subscription Purchased Service purchased subscriptions ordered by Customer for the same servicesuch Service(s), or (c) termination of the Free Trial Service by PROS KaaS in its sole discretion. Additional trial terms and conditions may appear on the trial registration web page. Any such additional terms and conditions are incorporated into this Agreement by reference and are legally binding. Free Trial Services are provided for evaluation purposes and not for production useANY DATA CUSTOMER ENTERS INTO THE SERVICES, AND ANY CUSTOMIZATIONS MADE TO THE SERVICES BY OR FOR CUSTOMER, DURING CUSTOMER’S FREE TRIAL WILL BE PERMANENTLY LOST UNLESS CUSTOMER PURCHASES A SUBSCRIPTION TO THE SAME SERVICES AS THOSE COVERED BY THE TRIAL, PURCHASES APPLICABLE UPGRADED SERVICES, OR EXPORTS SUCH DATA, BEFORE THE END OF THE TRIAL PERIOD. Customer shall have sole responsibility and PROS assumes no liability for any Customer Data that Customer may choose to upload on the Free Trial ServicesCUSTOMER CANNOT TRANSFER DATA ENTERED OR CUSTOMIZATIONS MADE DURING THE FREE TRIAL TO A SERVICE THAT WOULD BE A DOWNGRADE FROM THAT COVERED BY THE TRIAL (E.G., FROM ENTERPRISE EDITION TO PROFESSIONAL EDITION); THEREFORE, IF CUSTOMER PURCHASES A SERVICE THAT WOULD BE A DOWNGRADE FROM THAT COVERED BY THE TRIAL, CUSTOMER MUST EXPORT CUSTOMER DATA BEFORE THE END OF THE TRIAL PERIOD OR CUSTOMER DATA WILL BE PERMANENTLY LOST. NOTWITHSTANDING THE “REPRESENTATIONS, WARRANTIES, EXCLUSIVE REMEDIES AND DISCLAIMERS” SECTION 5 AND 6 ABOVE“INDEMNIFICATION BY KAAS” SECTION BELOW, DURING THE FREE TRIAL THE SERVICES ARE PROVIDED “AS AS-IS” WITH NO EXPRESS OR IMPLIED WITHOUT ANY WARRANTY AND PROS KAAS SHALL HAVE NO INDEMNIFICATION OBLIGATIONS, OBLIGATIONS NOR ANY LIABILITY OF ANY TYPE WITH RESPECT TO A THE SERVICES FOR THE FREE TRIAL SERVICE, PERIOD UNLESS SUCH EXCLUSION OF LIABILITY IS UNENFORCEABLE NOT ENFORCEABLE UNDER APPLICABLE LAW IN WHICH CASE, PROS TOTAL AGGREGATE CASE KAAS’S LIABILITY ARISING OUT OF OR RELATING WITH RESPECT TO A THE SERVICES PROVIDED DURING THE FREE TRIAL SERVICE IS US$1,000SHALL NOT EXCEED $1,000.00. WITHOUT LIMITING THE FOREGOING, KAAS AND ITS AFFILIATES AND ITS LICENSORS DO NOT REPRESENT OR WARRANT TO CUSTOMER THAT: (A) CUSTOMER’S USE OF THE SERVICES DURING THE FREE TRIAL PERIOD WILL MEET CUSTOMER’S REQUIREMENTS, (B) CUSTOMER’S USE OF THE SERVICES DURING THE FREE TRIAL PERIOD WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR, AND (C) USAGE DATA PROVIDED DURING THE FREE TRIAL PERIOD WILL BE ACCURATE. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THE “LIMITATION OF LIABILITY” SECTION 7 ABOVEBELOW, CUSTOMER SHALL BE FULLY LIABLE UNDER THIS AGREEMENT TO KAAS AND ITS AFFILIATES FOR ANY DAMAGES ARISING OUT OF ITS CUSTOMER’S USE OF A FREE TRIAL SERVICE. ANY CUSTOMER DATA AND CONFIGURATIONS ENTERED INTO CUSTOMER’S FREE TRIAL SERVICE ACCOUNT MAY BE PERMANENTLY LOST UPON TERMINATION OF THE SERVICES DURING THE FREE TRIAL PERIOD, ANY BREACH BY CUSTOMER OF THIS AGREEMENT AND ANY OF CUSTOMER’S INDEMNIFICATION OBLIGATIONS HEREUNDER. CUSTOMER SHALL REVIEW THE APPLICABLE SERVICE’S DOCUMENTATION DURING THE TRIAL PERIOD TO BECOME FAMILIAR WITH THE FEATURES AND FUNCTIONS OF THE SERVICES BEFORE MAKING A PURCHASE.

Appears in 1 contract

Samples: Master Subscription Agreement

Free Trial. If Customer uses Company registers on AMC’s website for a Free Trial Servicefree trial, PROS AMC will make such Free Trial Service the applicable Service(s) available to Customer Company on a trial basis, basis free of charge, charge until the earlier of (a) the end of the free trial period for which Customer agreed Company registered to use such Free Trial Servicethe applicable Service(s), or (b) the start date of any Subscription Service purchased Services ordered by Customer Company for the same servicesuch Service(s), or (c) termination of the Free Trial Service by PROS AMC in its sole discretion. Additional trial terms and conditions may appear on the trial registration web page. Any such additional terms and conditions are incorporated into this Agreement by reference and are legally binding. Free Trial Services are provided for evaluation purposes and not for production useANY DATA COMPANY ENTERS INTO THE SERVICES, AND ANY CUSTOMIZATIONS MADE TO THE SERVICES BY OR FOR COMPANY DURING FREE TRIAL WILL BE PERMANENTLY LOST UNLESS COMPANY PURCHASES A SUBSCRIPTION TO THE SAME SERVICES AS THOSE COVERED BY THE TRIAL, PURCHASES APPLICABLE UPGRADED SERVICES, OR EXPORTS SUCH DATA, BEFORE THE END OF THE TRIAL PERIOD. Customer shall have sole responsibility and PROS assumes no liability for any Customer Data that Customer may choose to upload on the Free Trial ServicesCOMPANY CANNOT TRANSFER DATA ENTERED OR CUSTOMIZATIONS MADE DURING THE FREE TRIAL TO A SERVICE THAT WOULD BE A DOWNGRADE FROM THAT COVERED BY THE TRIAL (E.G., FROM ENTERPRISE EDITION TO PROFESSIONAL EDITION); THEREFORE, IF COMPANY PURCHASES A SERVICE THAT WOULD BE A DOWNGRADE FROM THAT COVERED BY THE TRIAL, COMPANY MUST EXPORT COMPANY DATA (?) BEFORE THE END OF THE TRIAL PERIOD OR COMPANY DATA WILL BE PERMANENTLY LOST. NOTWITHSTANDING THE “REPRESENTATIONS, WARRANTIES, EXCLUSIVE REMEDIES AND DISCLAIMERS” SECTION 5 AND 6 ABOVE“INDEMNIFICATION BY AMC” SECTION BELOW, DURING THE FREE TRIAL THE SERVICES ARE PROVIDED “AS AS- IS” WITH NO EXPRESS OR IMPLIED WITHOUT ANY WARRANTY AND PROS AMC SHALL HAVE NO INDEMNIFICATION OBLIGATIONS, OBLIGATIONS NOR ANY LIABILITY OF ANY TYPE WITH RESPECT TO A THE SERVICES FOR THE FREE TRIAL SERVICE, PERIOD UNLESS SUCH EXCLUSION OF LIABILITY IS UNENFORCEABLE NOT ENFORCEABLE UNDER APPLICABLE LAW IN WHICH CASE, PROS TOTAL AGGREGATE CASE AMC’S LIABILITY ARISING OUT OF OR RELATING WITH RESPECT TO A THE SERVICES PROVIDED DURING THE FREE TRIAL SERVICE IS US$1,000SHALL NOT EXCEED $1,000.00. WITHOUT LIMITING THE FOREGOING, AMC AND ITS LICENSORS DO NOT REPRESENT OR WARRANT TO COMPANY THAT: (A) COMPANY’S USE OF THE SERVICES DURING THE FREE TRIAL PERIOD WILL MEET COMPANY’S REQUIREMENTS, (B) COMPANY’S USE OF THE SERVICES DURING THE FREE TRIAL PERIOD WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR, AND (C) USAGE DATA PROVIDED DURING THE FREE TRIAL PERIOD WILL BE ACCURATE. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THE “LIMITATION OF LIABILITY” SECTION 7 ABOVEBELOW, CUSTOMER COMPANY SHALL BE FULLY LIABLE UNDER THIS AGREEMENT TO AMC FOR ANY DAMAGES ARISING OUT OF ITS COMPANY’S USE OF A FREE TRIAL SERVICE. ANY CUSTOMER DATA AND CONFIGURATIONS ENTERED INTO CUSTOMER’S FREE TRIAL SERVICE ACCOUNT MAY BE PERMANENTLY LOST UPON TERMINATION OF THE SERVICES DURING THE FREE TRIAL PERIOD, ANY BREACH BY COMPANY OF THIS AGREEMENT AND ANY OF COMPANY’S INDEMNIFICATION OBLIGATIONS HEREUNDER. COMPANY SHALL REVIEW THE APPLICABLE SERVICE’S DOCUMENTATION DURING THE TRIAL PERIOD TO BECOME FAMILIAR WITH THE FEATURES AND FUNCTIONS OF THE SERVICES BEFORE MAKING A PURCHASE.

Appears in 1 contract

Samples: Amc Technology

Free Trial. If Customer uses registers on Prospecta’s or an Affiliate’s website for a Free Trial Servicefree trial, PROS Prospecta will make such Free Trial Service the applicable Service(s) available to Customer on a trial basis, basis free of charge, charge until the earlier of (a) the end of the free trial period for which Customer agreed registered to use such Free Trial Servicethe applicable Service(s), or (b) the start date of any Subscription Purchased Service purchased subscriptions ordered by Customer for the same servicesuch Service(s), or (c) termination of the Free Trial Service by PROS Prospecta in its sole discretion. Additional trial terms and conditions may appear on the trial registration web page. Any such additional terms and conditions are incorporated into this Agreement by reference and are legally binding. Free Trial Services are provided for evaluation purposes and not for production useANY DATA CUSTOMER ENTERS INTO THE SERVICES, AND ANY CUSTOMIZATIONS MADE TO THE SERVICES BY OR FOR CUSTOMER, DURING CUSTOMER’S FREE TRIAL WILL BE PERMANENTLY LOST UNLESS CUSTOMER PURCHASES A SUBSCRIPTION TO THE SAME SERVICES AS THOSE COVERED BY THE TRIAL, PURCHASES APPLICABLE UPGRADED SERVICES, OR EXPORTS SUCH DATA, BEFORE THE END OF THE TRIAL PERIOD. Customer shall have sole responsibility and PROS assumes no liability for any Customer Data that Customer may choose to upload on the Free Trial ServicesCUSTOMER CANNOT TRANSFER DATA ENTERED OR CUSTOMIZATIONS MADE DURING THE FREE TRIAL TO A SERVICE THAT WOULD BE A DOWNGRADE FROM THAT COVERED BY THE TRIAL (E.G., FROM ENTERPRISE EDITION TO PROFESSIONAL EDITION); THEREFORE, IF CUSTOMER PURCHASES A SERVICE THAT WOULD BE A DOWNGRADE FROM THAT COVERED BY THE TRIAL, CUSTOMER MUST EXPORT CUSTOMER DATA BEFORE THE END OF THE TRIAL PERIOD OR CUSTOMER DATA WILL BE PERMANENTLY LOST. NOTWITHSTANDING THE “REPRESENTATIONS, WARRANTIES, EXCLUSIVE REMEDIES AND DISCLAIMERS” SECTION 5 AND 6 ABOVE“INDEMNIFICATION BY PROSPECTA” SECTION BELOW, DURING THE FREE TRIAL THE SERVICES ARE PROVIDED “AS AS-IS” WITH NO EXPRESS OR IMPLIED WITHOUT ANY WARRANTY AND PROS PROSPECTA SHALL HAVE NO INDEMNIFICATION OBLIGATIONS, OBLIGATIONS NOR ANY LIABILITY OF ANY TYPE WITH RESPECT TO A THE SERVICES FOR THE FREE TRIAL SERVICE, PERIOD UNLESS SUCH EXCLUSION OF LIABILITY IS UNENFORCEABLE NOT ENFORCEABLE UNDER APPLICABLE LAW IN WHICH CASE, PROS TOTAL AGGREGATE CASE PROSPECTA’S LIABILITY ARISING OUT OF OR RELATING WITH RESPECT TO A THE SERVICES PROVIDED DURING THE FREE TRIAL SERVICE IS US$1,000SHALL NOT EXCEED $1,000.00. WITHOUT LIMITING THE FOREGOING, PROSPECTA AND ITS AFFILIATES AND ITS LICENSORS DO NOT REPRESENT OR WARRANT TO CUSTOMER THAT: (A) CUSTOMER’S USE OF THE SERVICES DURING THE FREE TRIAL PERIOD WILL MEET CUSTOMER’S REQUIREMENTS, (B) CUSTOMER’S USE OF THE SERVICES DURING THE FREE TRIAL PERIOD WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR, AND (C) USAGE DATA PROVIDED DURING THE FREE TRIAL PERIOD WILL BE ACCURATE. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THE “LIMITATION OF LIABILITY” SECTION 7 ABOVEBELOW, CUSTOMER SHALL BE FULLY LIABLE UNDER THIS AGREEMENT TO PROSPECTA AND ITS AFFILIATES FOR ANY DAMAGES ARISING OUT OF ITS CUSTOMER’S USE OF A FREE TRIAL SERVICE. ANY CUSTOMER DATA AND CONFIGURATIONS ENTERED INTO CUSTOMER’S FREE TRIAL SERVICE ACCOUNT MAY BE PERMANENTLY LOST UPON TERMINATION OF THE SERVICES DURING THE FREE TRIAL PERIOD, ANY BREACH BY CUSTOMER OF THIS AGREEMENT AND ANY OF CUSTOMER’S INDEMNIFICATION OBLIGATIONS HEREUNDER. CUSTOMER SHALL REVIEW THE APPLICABLE SERVICE’S DOCUMENTATION DURING THE TRIAL PERIOD TO BECOME FAMILIAR WITH THE FEATURES AND FUNCTIONS OF THE SERVICES BEFORE MAKING A PURCHASE.

Appears in 1 contract

Samples: Master Subscription Agreement

Free Trial. If Customer uses registers on KAAS’s or an Affiliate’s website for a Free Trial Servicefree trial, PROS KAAS will make such Free Trial Service the applicable Service(s) available to Customer on a trial basis, basis free of charge, charge until the earlier of (a) the end of the free trial period for which Customer agreed registered to use such Free Trial Servicethe applicable Service(s), or (b) the start date of any Subscription Purchased Service purchased subscriptions ordered by Customer for the same servicesuch Service(s), or (c) termination of the Free Trial Service by PROS KAAS in its sole discretion. Additional trial terms and conditions may appear on the trial registration web page. Any such additional terms and conditions are incorporated into this Agreement by reference and are legally binding. Free Trial Services are provided for evaluation purposes and not for production useANY DATA CUSTOMER ENTERS INTO THE SERVICES, AND ANY CUSTOMIZATIONS MADE TO THE SERVICES BY OR FOR CUSTOMER, DURING CUSTOMER’S FREE TRIAL WILL BE PERMANENTLY LOST UNLESS CUSTOMER PURCHASES A SUBSCRIPTION TO THE SAME SERVICES AS THOSE COVERED BY THE TRIAL, PURCHASES APPLICABLE UPGRADED SERVICES, OR EXPORTS SUCH DATA, BEFORE THE END OF THE TRIAL PERIOD. Customer shall have sole responsibility and PROS assumes no liability for any Customer Data that Customer may choose to upload on the Free Trial ServicesCUSTOMER CANNOT TRANSFER DATA ENTERED OR CUSTOMIZATIONS MADE DURING THE FREE TRIAL TO A SERVICE THAT WOULD BE A DOWNGRADE FROM THAT COVERED BY THE TRIAL (E.G., FROM ENTERPRISE EDITION TO PROFESSIONAL EDITION); THEREFORE, IF CUSTOMER PURCHASES A SERVICE THAT WOULD BE A DOWNGRADE FROM THAT COVERED BY THE TRIAL, CUSTOMER MUST EXPORT CUSTOMER DATA BEFORE THE END OF THE TRIAL PERIOD OR CUSTOMER DATA WILL BE PERMANENTLY LOST. NOTWITHSTANDING THE “REPRESENTATIONS, WARRANTIES, EXCLUSIVE REMEDIES AND DISCLAIMERS” SECTION 5 AND 6 ABOVE“INDEMNIFICATION BY KAAS” SECTION BELOW, DURING THE FREE TRIAL THE SERVICES ARE PROVIDED “AS AS-IS” WITH NO EXPRESS OR IMPLIED WITHOUT ANY WARRANTY AND PROS KAAS SHALL HAVE NO INDEMNIFICATION OBLIGATIONS, OBLIGATIONS NOR ANY LIABILITY OF ANY TYPE WITH RESPECT TO A THE SERVICES FOR THE FREE TRIAL SERVICE, PERIOD UNLESS SUCH EXCLUSION OF LIABILITY IS UNENFORCEABLE NOT ENFORCEABLE UNDER APPLICABLE LAW IN WHICH CASE, PROS TOTAL AGGREGATE CASE KAAS’S LIABILITY ARISING OUT OF OR RELATING WITH RESPECT TO A THE SERVICES PROVIDED DURING THE FREE TRIAL SERVICE IS US$1,000SHALL NOT EXCEED $1,000.00. WITHOUT LIMITING THE FOREGOING, KAAS AND ITS AFFILIATES AND ITS LICENSORS DO NOT REPRESENT OR WARRANT TO CUSTOMER THAT: (A) CUSTOMER’S USE OF THE SERVICES DURING THE FREE TRIAL PERIOD WILL MEET CUSTOMER’S REQUIREMENTS, (B) CUSTOMER’S USE OF THE SERVICES DURING THE FREE TRIAL PERIOD WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR, AND (C) USAGE DATA PROVIDED DURING THE FREE TRIAL PERIOD WILL BE ACCURATE. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THE “LIMITATION OF LIABILITY” SECTION 7 ABOVEBELOW, CUSTOMER SHALL BE FULLY LIABLE UNDER THIS AGREEMENT TO KAAS AND ITS AFFILIATES FOR ANY DAMAGES ARISING OUT OF ITS CUSTOMER’S USE OF A FREE TRIAL SERVICE. ANY CUSTOMER DATA AND CONFIGURATIONS ENTERED INTO CUSTOMER’S FREE TRIAL SERVICE ACCOUNT MAY BE PERMANENTLY LOST UPON TERMINATION OF THE SERVICES DURING THE FREE TRIAL PERIOD, ANY BREACH BY CUSTOMER OF THIS AGREEMENT AND ANY OF CUSTOMER’S INDEMNIFICATION OBLIGATIONS HEREUNDER. CUSTOMER SHALL REVIEW THE APPLICABLE SERVICE’S DOCUMENTATION DURING THE TRIAL PERIOD TO BECOME FAMILIAR WITH THE FEATURES AND FUNCTIONS OF THE SERVICES BEFORE MAKING A PURCHASE.

Appears in 1 contract

Samples: Master Subscription Agreement

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