Trial. EACH OF THE PARTIES HERETO HEREBY WAIVES ITS RIGHTS TO A JURY TRIAL OF ANY CLAIM OR CAUSE OF ACTION BASED UPON OR ARISING OUT OF THIS AGREEMENT OR ANY DEALINGS BETWEEN THE PARTIES HERETO RELATING TO THE SUBJECT MATTER HEREOF OR THEREOF. EACH OF THE PARTIES HERETO ALSO WAIVES ANY BOND OR SURETY OR SECURITY UPON SUCH BOND THAT MIGHT, BUT FOR THIS WAIVER, BE REQUIRED OF THE OTHER PARTY. THE SCOPE OF THIS WAIVER IS INTENDED TO BE ALL-ENCOMPASSING OF ANY AND ALL DISPUTES THAT MAY BE FILED IN ANY COURT AND THAT RELATE TO THE SUBJECT MATTER OF THIS TRANSACTION, INCLUDING, WITHOUT LIMITATION, CONTRACT CLAIMS, TORT CLAIMS, BREACH OF DUTY CLAIMS, AND ALL OTHER COMMON LAW AND STATUTORY CLAIMS. EACH OF THE PARTIES HERETO ACKNOWLEDGES THAT THIS WAIVER IS A MATERIAL INDUCEMENT TO ENTER INTO THIS AGREEMENT, THAT EACH HAS ALREADY RELIED ON THE WAIVER IN ENTERING INTO THIS AGREEMENT AND THAT EACH WILL CONTINUE TO RELY ON THIS WAIVER IN ITS RELATED FUTURE DEALINGS. EACH OF THE PARTIES HERETO FURTHER WARRANTS AND REPRESENTS THAT IT HAS REVIEWED THIS WAIVER WITH ITS RESPECTIVE LEGAL COUNSEL, AND THAT IT KNOWINGLY AND VOLUNTARILY WAIVES ITS JURY TRIAL RIGHTS FOLLOWING CONSULTATION WITH SUCH LEGAL COUNSEL. THIS WAIVER IS IRREVOCABLE, MEANING THAT IT MAY NOT BE MODIFIED EITHER ORALLY OR IN WRITING, AND THE WAIVER SHALL APPLY TO ANY SUBSEQUENT AMENDMENTS, RENEWALS, SUPPLEMENTS OR MODIFICATIONS TO THIS AGREEMENT. IN THE EVENT OF LITIGATION, THIS AGREEMENT MAY BE FILED AS A WRITTEN CONSENT TO A TRIAL BY THE COURT. * * * * *
Trial. If the Application and Services are supplied on a trial or other no charge basis (“Trial”), the Trial Period shall be sixty (60) days from first access of the Service and the terms of Section 4(a) above are replaced with the following: Subject to the terms and conditions of this Agreement, Ricoh hereby grants to Subscriber a limited, a non-exclusive, non-assignable, non-sublicensable, non- transferable subscription license for the Trial Period, to access and use the Services remotely over the Internet, for Subscriber's internal business purposes only. The license is granted solely to Subscriber and not, by implication or otherwise, to any parent, subsidiary or affiliated entities of Subscriber. This license is valid for installation in Australia only and governs any future releases, revisions or enhancements to the Services. This Agreement shall not be deemed to constitute a sale of the Application and no title or proprietary rights to the Application or Services are transferred to the Subscriber hereby. All rights not expressly granted hereunder are reserved to Ricoh and/or its licensors. Further, any reference to the ordering documentation shall be deemed reference to the information you provided when registering for the Trial. Your use of the license granted is limited to Subscriber and two (2) additional Users with a maximum of five (5) connections. You must purchase a license for continued use after the Trial Period. If no license has been purchased prior to the end of the Trial Period. at the end of the Trial Period Subscriber Data will be handled as set forth in Section 7(d) above. BY YOUR USE OF THE TRIAL, YOU ACKNOWLEDGE AND AGREE THAT YOUR RIGHT TO USE THE SERVICES WILL TERMINATE AFTER THE TRIAL PERIOD AND THEREAFTER YOU WILL NOT BE ABLE TO USE THE SERVICES UNTIL YOU EXECUTE ORDERING DOCUMENTATION AND PAY THE RELATED CHARGES. ALL TRIALS ARE PROVIDED “AS IS” WITH NO WARRANTIES OF ANY TYPE WHATSOEVER, AND NO SUPPORT AND MAINTENANCE.
Trial. We may give You trial access to the Cloud Service, subject to additional terms. Any trial period will expire on the later of thirty (30) days or as otherwise stated in writing from Cisco. Trial Cloud Services are also provided “AS-IS” without support or any express or implied warranty or indemnity of any kind. At any time during or at the end of the trial, Cisco may deactivate or delete Your account and any related data, information, and files, and bar any further access to such data, information and files for any reason.
Trial. If a regular employee is appointed (whether by promotion, demotion, or transfer) to fill a position, the employee shall be placed on trial in the new position for a period of sixty (60) days worked. Conditional on satisfactory service and suitability for the position, as judged by the Employer, the employee shall be considered a regular full-time, part-time employee as the case may be. During the trial period, in the event that the employee chooses to return to the employee’s former position, or is judged by the Employer to be unable to perform the duties of the new classification or to be unsuitable, except in the case of demotion, the employee shall be returned to the employee’s former position at the employee’s former rate of pay, except in the case of bumping. Any other employee promoted or transferred as a result of the appointment shall also be returned to their former position, and any employee who may have been hired shall be terminated without notice.
Trial. Seller hereby knowingly, voluntarily and intentionally waives (to the extent permitted by applicable law) any right it may have to a trial by jury of any dispute arising under or relating in any way to this Purchase Order and agrees that any such dispute may, at Buyer's option, be tried before a judge sitting without a jury.
Trial. The final contested hearing or the contested hearing of any issue to be tried separately and a reference to a claim concluding at trial includes a claim settled after the trial has commenced or a judgment.
Trial. Each party agrees that neither it nor any of its assignees or successors shall (a) seek a jury trial in any lawsuit, proceeding, counterclaim or any other action based upon, or arising out of or in connection with the engagement of ZC and Xxxxxxx by the Debtors or any services rendered pursuant to such engagement, or (b) seek to consolidate any such action with any other action in which a jury trial cannot be or has not been waived. The provisions of this paragraph have been fully discussed by the Debtors, ZC and Xxxxxxx and these provisions shall be subject to no exceptions. Neither party has agreed with or represented to the other that the provisions of this section will not be fully enforced in all instances.
Trial. This chapter is being introduced on a trial basis. The application of this chapter shall be evaluated after one year. Chapter XVI Absenteeism
Trial. Upon approval by Skyline, Customer may be provided access to the Services free of charge on a trial basis (the “Free Trial”). During the Free Trial, Skyline may restrict the Services, including but not limited to, the length of time Customer may use the Services, the storage limits for the Services, the number of Authorized Stores and the number of Users. If Customer desires additional Services beyond the scope and limitations of the Services provided during the Free Trial, then Customer may register for the Fee-based Services at any time. All Services provided during the Free Trial are “as is” without warranties of any kind.
Trial. If Customer registers on Intraway’s or Symphonica’s website for a free trial, or Customer logging into a SaaS Service trial account, Intraway will make the applicable SaaS 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 registered to use the applicable SaaS Service, or (b) the start date of any Subscription Term for such SaaS Service, or (c) termination by Intraway 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 SaaS Agreement by reference and are legally binding. ANY DATA CUSTOMER ENTERS INTO THE SAAS SERVICE, AND ANY CUSTOMIZATIONS MADE TO THE SAAS SERVICE BY OR FOR CUSTOMER, DURING CUSTOMER’S FREE TRIAL WILL BE PERMANENTLY LOST UNLESS CUSTOMER PURCHASES A SUBSCRIPTION TO THE SAME SAAS SERVICES AS THOSE COVERED BY THE TRIAL, OR PURCHASES APPLICABLE UPGRADED SERVICES. 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; 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 ANY REPRESENTATIONS, WARRANTIES, EXCLUSIVE REMEDIES, DISCLAIMERS AND INDEMNIFICATION BY INTRAWAY OBLIGATIONS BELOW, DURING THE FREE TRIAL THE SAAS SERVICES ARE PROVIDED “AS-IS” WITHOUT ANY WARRANTY AND INTRAWAY SHALL HAVE NO INDEMNIFICATION OBLIGATIONS NOR LIABILITY OF ANY TYPE WITH RESPECT TO THE SAAS SERVICES FOR THE FREE TRIAL PERIOD UNLESS SUCH EXCLUSION OF LIABILITY IS NOT ENFORCEABLE UNDER APPLICABLE LAW IN WHICH CASE INTRAWAY’S LIABILITY WITH RESPECT TO THE SAAS SERVICES PROVIDED DURING THE FREE TRIAL SHALL NOT EXCEED $100. WITHOUT LIMITING THE FOREGOING, INTRAWAY AND ITS AFFILIATES AND ITS LICENSORS DO NOT REPRESENT OR WARRANT TO CUSTOMER THAT: (A) CUSTOMER’S USE OF THE SAAS 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 SAAS AGREEMENT TO INTRA...