Common use of Free Trial Clause in Contracts

Free Trial. If you are using a Service Offering under a trial, instead of the Order applying this paragraph F will apply and, in the event of any inconsistency, this paragraph F takes precedence over the remainder of any Agreement and in particular any warranties, promises and/or terms purporting to limit liability. You acknowledge that a trial Service Offering is (unless otherwise agreed between us in writing) provided free of charge for a trial period. Accordingly, and subject to clause 12.1, we shall not be liable to you (whether for breach of contract, negligence, misrepresentation or for any other reason) for any loss or damage whatsoever incurred or sustained by you in connection with the Agreement and/or use of a trial Service Offering whether such loss or damage is direct, indirect or consequential and including, without limitation (direct and indirect): (i) loss of profit; (ii) loss of business; (iii) lost data; (iv) work delays; and (v) wasted staff or management time. Each trial Service Offering is provided "as is" with no warranties, undertakings, conditions or terms of any kind, whether express or implied, statutory or otherwise. In particular, no condition, warranty, representation and/or other term is given or entered into to the effect that the trial Service Offering will be of satisfactory (or other) quality, that it will be fit for any particular purpose (whether made known to us or not), that use of the trial Service Offering will be uninterrupted or error-free, or that it will perform to or operate in accordance with any particular standard. On expiration of any free trial period, you will be automatically signed up on a fee-paying basis for that Service Offering, unless we receive notice from you in writing to the contrary prior to expiration of the free trial period.

Appears in 6 contracts

Samples: Framework Terms, Framework Terms, Framework and Each Agreement

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Free Trial. If you are using a Service Offering under a trial, instead of the Order applying Commercial Terms applying, this paragraph F will apply and, in the event of any inconsistency, this paragraph F takes precedence over the remainder of any Agreement and in particular any warranties, promises and/or warranties or terms purporting to limit liability. You acknowledge that a trial the Service Offering is (unless otherwise agreed between us in writing) provided free of charge for a trial periodcharge. Accordingly, and subject to clause 12.1, we shall not be liable to you (whether for breach of contract, negligence, misrepresentation or for any other reason) for any loss or damage whatsoever incurred or sustained by you in connection with the Agreement and/or use of a trial Service Offering whether such loss or damage is direct, indirect or consequential and including, without limitation (direct and indirect): limitation: (i) loss of profit; (ii) loss of business; (iii) lost data; (iv) work delays; and delays or (v) wasted staff or management time. Each trial The Service Offering is provided "β€œas is" ” with no warranties, undertakings, conditions or terms of any kind, whether express or implied, statutory or otherwise. In particular, no condition, warranty, representation and/or or other term is given or entered into to the effect that the trial Service Offering will be of satisfactory (or any other) quality, that it they will be fit for any particular purpose (whether that purpose is made known to us or not), that use of the trial Service Offering will be uninterrupted or error-free, or that it they will perform to or operate in accordance with any particular standard. On expiration of any free trial period, a Free Trial period you will shall be automatically signed up on a fee-paying basis for that the relevant Service Offering, unless we receive notice from you in writing to the contrary prior to expiration of the free trial Free Trial period.

Appears in 1 contract

Samples: Framework Terms

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