Test Application Clause Samples
Test Application. 4.10.1. The Licensee may also request permission from the Licensor to install a test version of the Application (“Test Application”).
4.10.2. With respect to any Test Application ordered by Licensee, Licensor grants to Licensee a non- transferable, non-exclusive, revocable license, without any right to sublicense, to use the Test Application for a term of sixty (60) days from delivery, solely for Licensee’s internal evaluation and internal demonstration purposes.
4.10.3. In addition to any other restrictions set forth in this Contract, the Test Application shall not be used for production purposes.
4.10.4. Either party may terminate any Test Application license at any time by delivering written notice of termination to the other party.
4.10.5. NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN CONTAINED, TEST APPLICATION, BY THEIR VERY NATURE, ARE PROVIDED ON AN “AS-IS” BASIS, WITHOUT WARRANTY OF ANY KIND, AND ARE PROVIDED BY THE LICENSOR WIHTOUT CHARGE AND, THEREFORE LICENSOR SHALL NOT BE LIABLE IN ANY WAY FOR ANY DAMAGES SUFFERED BY LICENSEE RELATED TO ITS USE OF/INTERACTION WITH THE TEST APPLICATION.
4.10.6. UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL LICENSOR BE LIABLE FOR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATING TO THE TEST APPLICATION.
Test Application. Prior to final application, the contractor shall treat a measured test coverage area on horizontal and vertical surfaces of the different components of the structure to be treated for the purpose of demonstrating the desired physical and visual effect on an application or of obtaining a visual illustration of the absorption necessary to achieve the specified coverage rate. In the latter case, the applicator shall use at least ½ gallon (1.9 liter) of treatment following the manufacturer's recommended method of application for the total of the test surfaces. Horizontal test surfaces shall be located on the deck and on the curb or sidewalk, and vertical test surfaces shall be located on a parapet or safety barrier curb so that the different textures are displayed.