Common use of Trial Subscriptions Clause in Contracts

Trial Subscriptions. 7.1. XOVIS may from time to time offer to its customer basis trial subscriptions to the Cloud Services or, as the case may be, to new service functionality or module in an alpha or beta development stage. Such trial subscriptions are provi- ded by XOVIS under these GTCs (whereby the special terms of this section 7 shall prevail) and are, under normal cir- cumstances, free of any charge. 7.2. Customer notes that all trial subscriptions are provided to Customer on an ‘as is’ and ‘as available’ basis with no warranties whatsoever (i.e. none of the warranty provisions as per these GTCs shall apply to any trial subscriptions, in- cluding but not limited to the warranty re: availability) and XOVIS liability with regard to such trial subscriptions shall be excluded or limited to the fullest extent permissible by applicable law. In addition, XOVIS shall be entirely free to, at its sole discretion and at any given point in time, suspend or terminate Customer’s trial subscription to alpha or beta functionalities or modules without stating any reason for doing so. 7.3. The primary purpose of any trial subscription to service functionality or modules in an alpha or beta development stage is to obtain feedback on the customer experience, the overall performance and service operation along with the identification of potential malfunctions and defects. As a consequence, Customer is advised to use alpha and beta functionalities or modules as provided by XOVIS with caution and safeguard important data in an appropriate manner and not to rely in any way on the correct processing of service requests or overall performance and/or the adequacy of any accompanying documentation. 7.4. XOVIS shall be entirely free to use any feedback or sug- gestions Customer may be providing (in whatever form or format) with regard to alpha or beta functionality or modu- les provided by XOVIS during a trial subscription, regardless of whether or not Customer has formally been invited to provide such feedback. If Customer provides such feedback to XOVIS, Customer shall grant XOVIS the following worldwi- de, non-exclusive, perpetual, irrevocable, royalty free, fully paid up license to (a) make, use, copy, modify, sell, distribu- te, sub-license, and create derivative works of, the feedback as part of any XOVIS product, technology, service, specifi- cation or other documentation; (b) publicly perform or dis- play, import, broadcast, transmit, distribute, license, offer to sell, and sell, rent, lease or lend copies of the feedback (and derivative works thereof) as part of any XOVIS product, technology, service, specification or other documentation;

Trial Subscriptions. 7.1. XOVIS Navus may from time to time offer to its customer basis trial subscriptions to the Cloud Platform Services or certain Modules thereof or, as the case may be, to new service functionality or module Modules in an alpha or beta development stage. Such trial subscriptions are provi- ded provided by XOVIS ▇▇▇▇▇ under these GTCs (whereby the special terms of this section 7 shall prevail) and are, under normal cir- cumstancescircumstances, free of any charge. 7.2. Customer notes that all trial subscriptions are provided to Customer on an ‘as is’ and ‘as available’ basis with no warranties whatsoever (i.e. none of the warranty provisions as per these GTCs shall apply to any trial subscriptions, in- cluding including but not limited to the warranty re: availability) and XOVIS Navus liability with regard to such trial subscriptions shall be excluded or limited to the fullest extent permissible by applicable law. In addition, XOVIS ▇▇▇▇▇ shall be entirely free to, at its sole discretion and at any given point in time, suspend or terminate Customer’s trial subscription to alpha or beta functionalities or modules without stating any reason for doing so. 7.3. The primary purpose of any trial subscription to service functionality or modules in an alpha or beta development stage is to obtain feedback on the customer experience, the overall performance and service operation along with the identification of potential malfunctions and defects. As a consequence, Customer is advised to use alpha and beta functionalities or modules as provided by XOVIS Navus with caution and safeguard important data in an appropriate manner and not to rely in any way on the correct processing of service requests or overall performance and/or the adequacy of any accompanying documentation.. [MG1] feedback 7.4. XOVIS Navus shall be entirely free to use any feedback or sug- gestions suggestions Customer or End Users may be providing (in whatever form or format) with regard to services and products Navus is providing (including alpha or beta functionality or modu- les modules provided by XOVIS during a trial subscription), regardless of whether or not Customer has formally been invited to provide such feedback. If Customer provides such feedback [MS2] to XOVISNavus, Customer shall grant XOVIS Navus the following worldwi- deworldwide, non-exclusive, perpetual, irrevocable, royalty free, fully paid up license to (a) make, use, copy, modify, sell, distribu- tedistribute, sub-license, and create derivative works of, the feedback as part of any XOVIS Navus product, technology, service, specifi- cation specification or other documentation; (b) publicly perform or dis- playdisplay, import, broadcast, transmit, distribute, license, offer to sell, and sell, rent, lease or lend copies of the feedback (and derivative works thereof) as part of any XOVIS Navus product, technology, service, specification specification, marketing material and testimonials or other documentation;; (c) sublicense to third parties the foregoing rights, including the right to sublicense to further third parties.