Common use of Trial Services Clause in Contracts

Trial Services. If Client is using a free trial, a proof of concept version of KOR SaaS Services, or a beta version of the KOR SaaS Services (collectively, “Trial Services”), KOR makes such Trial Services 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 KOR or as set forth in the applicable Addendum; and (ii) KOR making available to Client any purchased version of such KOR SaaS Services (“Trial Services Period”). Notwithstanding the provisions of Section 2(b) above, during the Trial Services Period, Client may use the Trial Services solely for Client’s internal business purposes and solely for purposes of evaluating the KOR SaaS Services, in accordance with and subject to the terms and conditions of this USA. Any and all data Client enters into the Trial Services and any configurations made to the Trial Services by or for Client during the Trial Services Period will be permanently lost unless Client: (A) has purchased a subscription to the same KOR SaaS Services as covered by the Trial Services and the applicable Addendum provides for retention of such Client Data; or (B) exports such data or configurations before the end of the Trial Services Period. NOTWITHSTANDING ANY PROVISION OF THIS USA TO THE CONTRARY, (X) KOR PROVIDES THE TRIAL SERVICES SOLELY ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES OR REPRESENTATIONS OF ANY KIND, EXPRESS OR IMPLIED, AND (Y) EXCEPT TO THE EXTENT LIABILITY CANNOT BE LIMITED UNDER APPLICABLE LAWS, KOR SHALL HAVE NO LIABILITY FOR DAMAGES OF ANY KIND, INCLUDING DIRECT DAMAGES, WITH RESPECT TO USE BY CLIENT OF THE TRIAL SERVICES.

Trial Services. If Client is using a free trial, a proof of concept version of KOR SaaS Services, or a beta version of the KOR SaaS Services (collectively, “Trial Services”), KOR makes such Trial Services 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 KOR or as set forth in the applicable Addendum; and (ii) KOR making available to Client any purchased version of such KOR SaaS Services (“Trial Services Period”). Notwithstanding the provisions of Section 2(b) above, during the Trial Services Period, the Client may use the Trial Services solely for Client’s their internal business purposes and solely for purposes of evaluating the KOR SaaS Services, in accordance with and subject to the terms and conditions of this USA. Any and all data Client enters into the Trial Services and any configurations made to the Trial Services by or for Client during the Trial Services Period will be permanently lost unless Client: (A) has purchased a subscription to the same KOR SaaS Services as covered by the Trial Services and the applicable Addendum provides for retention of such Client Data; or (B) exports such data or configurations before the end of the Trial Services Period. NOTWITHSTANDING ANY PROVISION OF THIS USA TO THE CONTRARY, (X) KOR PROVIDES THE TRIAL SERVICES SOLELY ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES OR REPRESENTATIONS OF ANY KIND, EXPRESS OR IMPLIED, AND (Y) EXCEPT TO THE EXTENT LIABILITY CANNOT BE LIMITED UNDER APPLICABLE LAWS, KOR SHALL HAVE NO LIABILITY FOR DAMAGES OF ANY KIND, INCLUDING DIRECT DAMAGES, WITH RESPECT TO USE BY CLIENT OF THE TRIAL SERVICESSERVICES INFRINGING UPON ANY INTELLECTUAL PROPERTY RIGHTS OR ANY LOSS OF DATA UNLESS CAUSED BY KOR’S GROSS NEGLIGENCE, FRAUD OR WILFULL MISCODUNCT.