Common use of Evaluation Licenses Clause in Contracts

Evaluation Licenses. With respect to any Licensed Software provided to Licensee solely for evaluation purposes (an “Evaluation License”), in the event of conflict this Section 1.B shall prevail over any other provisions set forth in this Agreement. An Evaluation License may be used for a period of no more than thirty (30) days from the date the Licensed Software is provided to Licensee (“Evaluation Term”), unless a different period is specified in writing by Licensor. An Evaluation License may be used solely for Licensee’s internal evaluation and testing purposes on a single computer system and not for development, commercial, or production purposes. For Licensed Software subject to an Evaluation License, (i) Licensee may not reproduce or distribute the Licensed Products; and (ii) Licensee’s results of benchmark or other performance tests run on or using the Licensed Software may not be disclosed to any third party without Licensor’s prior written consent. At any time during the Evaluation Term or upon completion thereof, Licensee may, upon written notification to Licensor and payment of the applicable license fee, replace the Evaluation License with a license to use the Licensed Software that is not restricted to evaluation purposes. In the absence of such notification by Licensee, the Evaluation License shall automatically terminate at the end of the Evaluation Term, and Licensee shall return, or, if Licensor so directs, delete and destroy all such Licensed Software and provide Licensor with written confirmation of its compliance with this provision. Upon written request from Licensee, Licensor may, in its sole discretion, grant Licensee an extension in writing prior to the expiration of the Evaluation Term. Other than updates to Licensed Software provided as part of support and maintenance, Licensed Software provided by Licensor free of license fee charge shall be deemed to be provided for evaluation purposes only. Licensed Software furnished under an Evaluation License is provided without any contractual obligation of maintenance and support by Licensor and is provided “as is” without warranties, implied or express, of any kind.