Common use of Trial Clause in Contracts

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 INTRAWAY AND ITS AFFILIATES FOR ANY DAMAGES ARISING OUT OF CUSTOMER’S USE OF THE SAAS SERVICES DURING THE FREE TRIAL PERIOD, ANY BREACH BY CUSTOMER OF THIS SAAS AGREEMENT AND ANY OF CUSTOMER’S INDEMNIFICATION OBLIGATIONS HEREUNDER. CUSTOMER SHALL REVIEW THE APPLICABLE SAAS SERVICE’S DOCUMENTATION DURING THE TRIAL PERIOD TO BECOME FAMILIAR WITH THE FEATURES AND FUNCTIONS OF THE SAAS SERVICES BEFORE MAKING A PURCHASE. Intraway’s direct competitors are prohibited from accessing the Saas Services Free Trial, except with Intraway’s prior written consent. In addition, the SaaS Services Free Trial may not be accessed exclusively for purposes of monitoring their availability, performance or functionality, or for any other benchmarking or competitive purposes.

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 Application and Services are supplied on a trial or other no charge basis free (“Trial”), the Trial Period shall be sixty (60) days from first access of charge until the earlier 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 (a2) 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 free trial period for which Customer registered to use Trial Period. at the applicable SaaS Service, or (bend of the Trial Period Subscriber Data will be handled as set forth in Section 7(d) the start date of any Subscription Term for such SaaS Service, or (c) termination by Intraway in its sole discretionabove. 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 YOUR USE OF THE TRIAL, OR PURCHASES APPLICABLE UPGRADED SERVICES. CUSTOMER CANNOT TRANSFER DATA ENTERED OR CUSTOMIZATIONS MADE DURING YOU ACKNOWLEDGE AND AGREE THAT YOUR RIGHT TO USE 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 SERVICES WILL TERMINATE AFTER THE TRIAL PERIOD OR CUSTOMER DATA AND THEREAFTER YOU WILL NOT BE PERMANENTLY LOSTABLE TO USE THE SERVICES UNTIL YOU EXECUTE ORDERING DOCUMENTATION AND PAY THE RELATED CHARGES. NOTWITHSTANDING ANY REPRESENTATIONS, WARRANTIES, EXCLUSIVE REMEDIES, DISCLAIMERS AND INDEMNIFICATION BY INTRAWAY OBLIGATIONS BELOW, DURING THE FREE TRIAL THE SAAS SERVICES ALL TRIALS ARE PROVIDED “AS-AS IS” WITHOUT ANY WARRANTY AND INTRAWAY SHALL HAVE WITH NO INDEMNIFICATION OBLIGATIONS NOR LIABILITY WARRANTIES 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 ERRORWHATSOEVER, 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 INTRAWAY NO SUPPORT AND ITS AFFILIATES FOR ANY DAMAGES ARISING OUT OF CUSTOMER’S USE OF THE SAAS SERVICES DURING THE FREE TRIAL PERIOD, ANY BREACH BY CUSTOMER OF THIS SAAS AGREEMENT AND ANY OF CUSTOMER’S INDEMNIFICATION OBLIGATIONS HEREUNDER. CUSTOMER SHALL REVIEW THE APPLICABLE SAAS SERVICE’S DOCUMENTATION DURING THE TRIAL PERIOD TO BECOME FAMILIAR WITH THE FEATURES AND FUNCTIONS OF THE SAAS SERVICES BEFORE MAKING A PURCHASE. Intraway’s direct competitors are prohibited from accessing the Saas Services Free Trial, except with Intraway’s prior written consent. In addition, the SaaS Services Free Trial may not be accessed exclusively for purposes of monitoring their availability, performance or functionality, or for any other benchmarking or competitive purposesMAINTENANCE.

Trial. If Customer registers You register on Intraway’s or Symphonica’s our website for a free trial, or Customer logging into a SaaS Service trial account, Intraway We will make the applicable SaaS Service one or more Services available to Customer You on a trial basis free of charge until the earlier of (a) the end of the free trial period for which Customer you registered to use the applicable SaaS ServiceService(s), or (b) the start date of any Subscription Term Purchased Service subscriptions ordered by You for such SaaS Service, or (c) termination by Intraway in its sole discretionService(s). 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 YOU ENTER INTO THE SAAS SERVICESERVICES, AND ANY CUSTOMIZATIONS MADE TO THE SAAS SERVICE SERVICES BY OR FOR CUSTOMERYOU, DURING CUSTOMER’S YOUR FREE TRIAL WILL BE PERMANENTLY LOST UNLESS CUSTOMER PURCHASES YOU PURCHASE A SUBSCRIPTION TO THE SAME SAAS SERVICES AS THOSE COVERED BY THE TRIAL, OR PURCHASES APPLICABLE PURCHASE UPGRADED SERVICES, OR EXPORT SUCH DATA, BEFORE THE END OF THE TRIAL PERIOD. CUSTOMER YOU 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 YOU PURCHASE A SERVICE THAT WOULD BE A DOWNGRADE FROM THAT COVERED BY THE TRIAL, CUSTOMER YOU MUST EXPORT CUSTOMER YOUR DATA BEFORE THE END OF THE TRIAL PERIOD OR CUSTOMER YOUR DATA WILL BE PERMANENTLY LOST. NOTWITHSTANDING ANY SECTION 8 (REPRESENTATIONS, WARRANTIES, EXCLUSIVE REMEDIES, DISCLAIMERS REMEDIES AND INDEMNIFICATION BY INTRAWAY OBLIGATIONS BELOWDISCLAIMERS), 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 $100WARRANTY. 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 INTRAWAY AND ITS AFFILIATES FOR ANY DAMAGES ARISING OUT OF CUSTOMER’S USE OF THE SAAS SERVICES DURING THE FREE TRIAL PERIOD, ANY BREACH BY CUSTOMER OF THIS SAAS AGREEMENT AND ANY OF CUSTOMER’S INDEMNIFICATION OBLIGATIONS HEREUNDER. CUSTOMER SHALL REVIEW THE APPLICABLE SAAS SERVICE’S DOCUMENTATION DURING THE TRIAL PERIOD TO BECOME FAMILIAR WITH THE FEATURES AND FUNCTIONS OF THE SAAS SERVICES BEFORE MAKING A PURCHASE. Intraway’s direct competitors are prohibited from accessing Please review the Saas Documentation during the trial period so that You become familiar with the features and functions of the Services Free Trial, except with Intraway’s prior written consent. In addition, the SaaS Services Free Trial may not be accessed exclusively for purposes of monitoring their availability, performance or functionality, or for any other benchmarking or competitive purposesbefore You make Your purchase.

Trial. If Customer registers You register on Intraway’s or Symphonica’s Our website for a free trial, or Customer logging into a SaaS Service trial account, Intraway We will make the applicable SaaS Service one or more Services available to Customer You on a trial basis free of charge until the earlier of (a) the end of the free trial period for which Customer You registered to use the applicable SaaS ServiceService(s), or (b) the start date of any Subscription Term Purchased Service subscriptions ordered by You for such SaaS ServiceService(s), or (c) termination by Intraway Us in its our 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 YOU ENTER INTO THE SAAS SERVICESERVICES, AND ANY CUSTOMIZATIONS MADE TO THE SAAS SERVICE SERVICES BY OR FOR CUSTOMERYOU, DURING CUSTOMER’S YOUR FREE TRIAL WILL BE PERMANENTLY LOST UNLESS CUSTOMER PURCHASES YOU PURCHASE A SUBSCRIPTION TO THE SAME SAAS SERVICES AS THOSE COVERED BY THE TRIAL, OR PURCHASES PURCHASE APPLICABLE UPGRADED SERVICES, OR EXPORT SUCH DATA, BEFORE THE END OF THE TRIAL PERIOD. CUSTOMER YOU 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 YOU PURCHASE A SERVICE THAT WOULD BE A DOWNGRADE FROM THAT COVERED BY THE TRIAL, CUSTOMER YOU MUST EXPORT CUSTOMER YOUR DATA BEFORE THE END OF THE TRIAL PERIOD OR CUSTOMER YOUR DATA WILL BE PERMANENTLY LOST. NOTWITHSTANDING ANY SECTION 9 (REPRESENTATIONS, WARRANTIES, EXCLUSIVE REMEDIES, DISCLAIMERS REMEDIES AND INDEMNIFICATION BY INTRAWAY OBLIGATIONS BELOWDISCLAIMERS), 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 $100WARRANTY. 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 ACCURATEPlease review the applicable Service?s Documentation during the trial period so that You become familiar with the features and functions of the Services before You make Your purchase. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THE “LIMITATION OF LIABILITY” SECTION BELOW, CUSTOMER SHALL BE FULLY LIABLE UNDER THIS SAAS AGREEMENT TO INTRAWAY AND ITS AFFILIATES FOR ANY DAMAGES ARISING OUT OF CUSTOMER’S USE OF THE SAAS SERVICES DURING THE FREE TRIAL PERIOD, ANY BREACH BY CUSTOMER OF THIS SAAS AGREEMENT AND ANY OF CUSTOMER’S INDEMNIFICATION OBLIGATIONS HEREUNDER. CUSTOMER SHALL REVIEW THE APPLICABLE SAAS SERVICE’S DOCUMENTATION DURING THE TRIAL PERIOD TO BECOME FAMILIAR WITH THE FEATURES AND FUNCTIONS OF THE SAAS SERVICES BEFORE MAKING A PURCHASE. Intraway’s direct competitors are prohibited from accessing the Saas Services Free Trial, except with Intraway’s prior written consent. In addition, the SaaS Services Free Trial may not be accessed exclusively for purposes of monitoring their availability, performance or functionality, or for any other benchmarking or competitive purposes.OUR RESPONSIBILITIES

Trial. If Customer registers on Intraway’s or Symphonica’s website for You are granted a free trial, or Customer logging into a SaaS Service trial account, Intraway We will make the applicable SaaS Service one or more Services available to Customer You on a trial basis free of charge until the earlier of (a) the end of the free trial period for which Customer you registered to use the applicable SaaS ServiceService(s), or (b) the start date of any Subscription Term Purchased Service subscriptions ordered by You for such SaaS Service, or (c) termination by Intraway in its sole discretionService(s). Additional trial terms and conditions may appear on be included in the trial registration web pagedocumentation. Any such additional terms and conditions are incorporated into this SaaS Agreement by reference and are legally binding. ANY DATA CUSTOMER ENTERS YOU ENTER INTO THE SAAS SERVICESERVICES, AND ANY CUSTOMIZATIONS MADE TO THE SAAS SERVICE SERVICES BY OR FOR CUSTOMERYOU, DURING CUSTOMER’S FREE YOUR TRIAL WILL BE PERMANENTLY LOST UNLESS CUSTOMER PURCHASES YOU PURCHASE A SUBSCRIPTION TO THE SAME SAAS SERVICES AS THOSE COVERED BY THE TRIAL, OR PURCHASES APPLICABLE PURCHASE 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; THEREFOREEXPORT SUCH DATA, 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 LOSTPERIOD. NOTWITHSTANDING ANY SECTION 9 (REPRESENTATIONS, WARRANTIES, EXCLUSIVE REMEDIES, DISCLAIMERS REMEDIES AND INDEMNIFICATION BY INTRAWAY OBLIGATIONS BELOWDISCLAIMERS), 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 $100WARRANTY. WITHOUT LIMITING THE FOREGOING, INTRAWAY WE AND ITS OUR AFFILIATES AND ITS LICENSORS DO NOT REPRESENT OR WARRANT TO CUSTOMER YOU THAT: (A) CUSTOMER’S USE OF THE SAAS SERVICES DURING THE FREE TRIAL PERIOD WILL MEET CUSTOMER’S REQUIREMENTS, (B) CUSTOMER’S YOUR USE OF THE SERVICES DURING THE FREE TRIAL PERIOD WILL MEET YOUR REQUIREMENTS, (B) YOUR USE OF THE SERVICES DURING THE 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 “SECTION 11.1 (LIMITATION OF LIABILITY” SECTION BELOW), CUSTOMER YOU SHALL BE FULLY LIABLE UNDER THIS SAAS AGREEMENT TO INTRAWAY US AND ITS OUR AFFILIATES FOR ANY DAMAGES ARISING OUT OF CUSTOMER’S YOUR USE OF THE SAAS SERVICES DURING THE FREE TRIAL PERIOD, ANY BREACH BY CUSTOMER YOU OF THIS SAAS AGREEMENT AND ANY OF CUSTOMER’S YOUR INDEMNIFICATION OBLIGATIONS HEREUNDER. CUSTOMER SHALL REVIEW THE APPLICABLE SAAS SERVICE’S DOCUMENTATION DURING THE TRIAL PERIOD TO BECOME FAMILIAR WITH THE FEATURES AND FUNCTIONS OF THE SAAS SERVICES BEFORE MAKING A PURCHASE. Intraway’s direct competitors are prohibited from accessing the Saas Services Free Trial, except with Intraway’s prior written consent. In addition, the SaaS Services Free Trial may not be accessed exclusively for purposes of monitoring their availability, performance or functionality, or for any other benchmarking or competitive purposes.

Trial. If Customer registers on Intraway’s or Symphonica’s website for You are granted a free trial, or Customer logging into a SaaS Service trial account, Intraway We will make the applicable SaaS Service one or more Services available to Customer You on a trial basis free of charge until the earlier of (a) the end of the free trial period for which Customer you registered to use the applicable SaaS ServiceService(s), or (b) the start date of any Subscription Term Purchased Service subscriptions ordered by You for such SaaS Service, or (c) termination by Intraway in its sole discretionService(s). Additional trial terms and conditions may appear on be included in the trial registration web pagedocumentation. Any such additional terms and conditions are incorporated into this SaaS Agreement by reference and are legally binding. ANY DATA CUSTOMER ENTERS YOU ENTER INTO THE SAAS SERVICESERVICES, AND ANY CUSTOMIZATIONS MADE TO THE SAAS SERVICE SERVICES BY OR FOR CUSTOMERYOU, DURING CUSTOMER’S FREE YOUR TRIAL WILL BE PERMANENTLY LOST UNLESS CUSTOMER PURCHASES YOU PURCHASE A SUBSCRIPTION TO THE SAME SAAS SERVICES AS THOSE COVERED BY THE TRIAL, OR PURCHASES APPLICABLE PURCHASE 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; THEREFOREEXPORT SUCH DATA, 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 LOSTPERIOD. NOTWITHSTANDING ANY SECTION 9 (REPRESENTATIONS, WARRANTIES, EXCLUSIVE REMEDIES, DISCLAIMERS REMEDIES AND INDEMNIFICATION BY INTRAWAY OBLIGATIONS BELOWDISCLAIMERS), 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 $100WARRANTY. WITHOUT LIMITING THE FOREGOING, INTRAWAY WE AND ITS OUR AFFILIATES AND ITS LICENSORS DO NOT REPRESENT OR WARRANT TO CUSTOMER YOU THAT: (A) CUSTOMER’S USE OF THE SAAS SERVICES DURING THE FREE TRIAL PERIOD WILL MEET CUSTOMER’S REQUIREMENTS, (B) CUSTOMER’S YOUR USE OF THE SERVICES DURING THE FREE TRIAL PERIOD WILL MEET YOUR REQUIREMENTS, (B) YOUR USE OF THE SERVICES DURING THE TRIAL PERIOD WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR, AND OR (C) USAGE DATA PROVIDED DURING THE FREE TRIAL PERIOD WILL BE ACCURATE. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THE “SECTION 11.1 (LIMITATION OF LIABILITY” SECTION BELOW), CUSTOMER YOU SHALL BE FULLY LIABLE UNDER THIS SAAS AGREEMENT TO INTRAWAY US AND ITS OUR AFFILIATES FOR ANY DAMAGES ARISING OUT OF CUSTOMER’S YOUR USE OF THE SAAS SERVICES DURING THE FREE TRIAL PERIOD, ANY BREACH BY CUSTOMER YOU OF THIS SAAS AGREEMENT AND ANY OF CUSTOMER’S YOUR INDEMNIFICATION OBLIGATIONS HEREUNDER. CUSTOMER SHALL REVIEW THE APPLICABLE SAAS SERVICE’S DOCUMENTATION DURING THE TRIAL PERIOD TO BECOME FAMILIAR WITH THE FEATURES AND FUNCTIONS OF THE SAAS SERVICES BEFORE MAKING A PURCHASE. Intraway’s direct competitors are prohibited from accessing the Saas Services Free Trial, except with Intraway’s prior written consent. In addition, the SaaS Services Free Trial may not be accessed exclusively for purposes of monitoring their availability, performance or functionality, or for any other benchmarking or competitive purposes.

Trial. If Customer registers on Intraway’s We may make one or Symphonica’s website for a free trial, or Customer logging into a SaaS Service trial account, Intraway will make the applicable SaaS Service more Marketing Cloud Services available to Customer You on a trial basis free of charge until the earlier of (a) the end of the free trial period for which Customer you registered or are registering to use the applicable SaaS Service, Marketing Cloud Service or (b) the start date of any Subscription Term for such SaaS Service, or (c) termination Purchased Marketing Cloud Services ordered by Intraway in its sole discretionYou. Additional trial terms and conditions may appear on the trial registration web pagepage or other trial registration document entered into by You. Any such additional terms and conditions are incorporated into this SaaS Agreement by reference and are legally binding. IF YOU ELECT TO USE THE MARKETING CLOUD SERVICES FOR THE TRIAL PERIOD AND DO NOT PURCHASE A SUBSCRIPTION BEFORE THE END OF THE TRIAL PERIOD, YOUR TRIAL SUBSCRIPTION FOR THE MARKETING CLOUD SERVICES WILL EXPIRE AT THE END OF THE TRIAL PERIOD AND SHALL NOT AUTO-RENEW. ANY DATA CUSTOMER ENTERS ENTERED INTO THE SAAS SERVICEMARKETING CLOUD SERVICES BY YOU OR RECEIVED BY YOU IN CONNECTION WITH YOUR USE OF THE MARKETING CLOUD SERVICES, AND ANY CUSTOMIZATIONS THAT MAY BE MADE TO THE SAAS SERVICE MARKETING CLOUD SERVICES BY OR FOR CUSTOMER, YOU DURING CUSTOMER’S THE FREE TRIAL PERIOD, WILL BE PERMANENTLY LOST UNLESS CUSTOMER PURCHASES YOU PURCHASE A SUBSCRIPTION TO THE SAME SAAS MARKETING CLOUD 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 LOSTPERIOD. NOTWITHSTANDING ANY REPRESENTATIONS, WARRANTIES, EXCLUSIVE REMEDIES, DISCLAIMERS SECTION 10 (WARRANTIES AND INDEMNIFICATION BY INTRAWAY OBLIGATIONS BELOWDISCLAIMERS), DURING THE FREE TRIAL THE SAAS MARKETING CLOUD 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 $100OR SUPPORT. 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 ACCURATEPlease review the User Documentation during the trial period so that You become familiar with the features and functions of the Marketing Cloud Services before You make Your purchase. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THE “LIMITATION OF LIABILITY” SECTION BELOW, CUSTOMER SHALL BE FULLY LIABLE UNDER THIS SAAS AGREEMENT TO INTRAWAY AND ITS AFFILIATES FOR ANY DAMAGES ARISING OUT OF CUSTOMER’S USE OF THE SAAS SERVICES DURING THE FREE TRIAL PERIOD, ANY BREACH BY CUSTOMER OF THIS SAAS AGREEMENT AND ANY OF CUSTOMER’S INDEMNIFICATION OBLIGATIONS HEREUNDER. CUSTOMER SHALL REVIEW THE APPLICABLE SAAS SERVICE’S DOCUMENTATION DURING THE TRIAL PERIOD TO BECOME FAMILIAR WITH THE FEATURES AND FUNCTIONS OF THE SAAS SERVICES BEFORE MAKING A PURCHASE. Intraway’s direct competitors are prohibited from accessing the Saas Services Free Trial, except with Intraway’s prior written consent. In addition, the SaaS Services Free Trial may not be accessed exclusively for purposes of monitoring their availability, performance or functionality, or for any other benchmarking or competitive purposes.Back to top