Common use of Trial Access Clause in Contracts

Trial Access. If Client is using a free trial, a proof of concept version of the SaaS Products, a beta version of the SaaS Products, or using the SaaS Products on any other free-of-charge basis as specified in the License Agreement including any related support services to the extent provided by HDS in its sole discretion (collectively, “Trial Access”), HDS makes such Trial Access available to Client until the earlier of (i) the end of the free trial or proof of concept period or beta testing period as communicated by HDS or specified in the License Agreement, (ii) the start date of any purchased version of such SaaS Products, or (iii) written notice of termination from HDS (“Trial Access Term”). HDS grants Client, during the Trial Access Term, a non-exclusive, non-transferable right to access and use the Trial Access for Client’s internal evaluation purposes in accordance with the Documentation and subject to the access and use restrictions set forth in this Agreement. Client is authorized to use Trial Access only for evaluation and not for any business or productive purposes, unless otherwise authorized by HDS in writing. Any data Client enters into the Trial Access and any configurations made to the Trial Access by or for Client during the term of such Trial Access will be permanently lost unless Client (a) has purchased a subscription to the same SaaS Products as covered by the Trial Access or (b) exports such data or configurations before the end of such free term. There is no guarantee that features or functions of the Trial Access will be available, or if available will be the same, in the general release version of the SaaS Products, and Client should review the SaaS Products features and functions before making a purchase. HDS will be under no obligation to provide Client any maintenance or support services with respect to the Trial Access. Notwithstanding anything to the contrary, HDS provides the Trial Access “as is” and “as available” without any warranties or representations of any kind. To the extent permitted by law, HDS disclaims all implied warranties and representations, including, without limitation, any implied warranty of merchantability, fitness for a particular purpose and non-infringement. Client assumes all risks and all costs associated with its use of the Trial Access. Client’s sole and exclusive remedy in case of any dissatisfaction or HDS’s breach of the Agreement with respect to such Trial Access is termination of the Trial Access. Any obligations on behalf of HDS to indemnify, defend, or hold harmless under this Agreement are not applicable to Clients using Trial Access.