Evaluation of Products Sample Clauses

The 'Evaluation of Products' clause defines the process by which a party assesses the quality, performance, or suitability of products provided under an agreement. Typically, this clause outlines the criteria, methods, and timeframes for conducting evaluations, and may specify the rights of the evaluating party to test, inspect, or use sample products before final acceptance or purchase. Its core practical function is to ensure that products meet agreed-upon standards or requirements before the buyer commits to a full purchase, thereby reducing the risk of receiving unsatisfactory goods.
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Evaluation of Products. Bentley hereby grants to Subscriber, subject to its compliance with the procedures of this Section 4.6 of the SELECT Program Terms, a limited non-transferable non-exclusive right to one (1) copy per Site of each Eligible Product solely for Evaluation Use of such Product, provided that Subscriber shall have no right to evaluation copies of Products previously licensed by Subscriber. The duration of use of an evaluation copy shall not exceed thirty (30) days, and ▇▇▇▇▇▇▇ may provide the Product with a mechanism that will cause the Product to time out or expire after thirty (30) days. For the purposes of these SELECT Program Terms “Evaluation Use” shall mean: the use of a Bentley Product solely for internal evaluation of such Product. Evaluation Use expressly excludes use in connection with ongoing projects, use for compensation of any kind, and Production Use.
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Evaluation of Products. Bentley hereby grants to Subscriber, subject to its compliance with the procedures of this Section 5.02(g) of Exhibit A, a limited non-transferable non-exclusive right to create, using Online SELECT (following the registration requirements published on Online SELECT), one (1) copy per Site of each Eligible Product solely for Evaluation Use of such Product, provided that Subscriber shall have no right to create evaluation copies of Products previously licensed by Subscriber. The duration of use of an evaluation copy shall not exceed thirty
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Evaluation of Products. If an evaluation of any Products is required during the term of this Agreement to determine the acceptability thereof for any Customer, Vendor will provide at no charge evaluation Products for a mutually agreed-upon evaluation time period.
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Evaluation of Products. This Section 7 (Evaluation of Products) only applies if the Customer has been provided evaluation access to the Products, either through a trial download of On-Premise Software or a free trial to a SaaS Subscription (“Evaluation Access”). Evaluation Access to the Products is subject to all restrictions set forth in this Agreement. In addition, Evaluation Access is provided for the sole and exclusive purpose of enabling Customer to evaluate the Product and will not be put into productive use or included as part of Customer’s business processes in any manner. Evaluation Access is provided “AS IS”, with no warranties of any kind, express or implied. Certain features may not be available for use during the period of Evaluation Access. Unless otherwise provided, the period for Evaluation Access will be fifteen (15) days, beginning on the date Dynatrace provides such access. Evaluation Access will automatically time-out at the end of the relevant evaluation period without further notice, and may be terminated by Dynatrace at any time and for any reason.
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Evaluation of Products. Purchaser shall have an opportunity to perform adequate evaluation and testing of the products prior to placing the Order. Such evaluation shall be performed in the following steps: (i) The Purchaser shall pay a ten million dollar (US$10,000,000) refundable deposit, which such deposit may have been paid prior to execution of this Agreement. (ii) NuMiner shall deliver, on an interim basis, twelve (12) units of Product (the "Evaluation Products"), at its sole expense, to Purchaser, initiating the Testing Period. If such Product is not delivered by February 27, 2022, the Testing Period shall be completed by June 1st, 2022. (iii) Within five (5) business days following the conclusion of the Testing Period, the Purchaser shall be deemed to have placed a binding blanket purchase order for all of the Product units set forth in table 1.1.1.1 of Appendix A (the "Order") by the delivery dates set forth therein unless Purchaser provides written notice within such period of its election not to place the Order. Purchaser shall have the right to make such election only if the Products, as tested in accordance with mutually agreed testing protocols, are not in compliance with the specifications outlined in table 1.1.1 of Appendix A , provided, that Purchaser shall not have the right not to place the Order if Product operates at a J/T within a twenty percent (20%) +/_, to a ceiling of 20.2 J/T, of that specified in table 1.1.1 of Appendix A. (iv) In the event Purchaser gives NuMiner written notice of its election not to place the Order, NuMiner shall repay the deposit within five (5) business days and, as of Sphere's receipt of such payment this Agreement will be deemed to be terminated and of no further force or effect.
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Evaluation of Products. If the Software is being installed for evaluation purposes (“Evaluation Product”), the Software may be installed for a period not exceeding that agreed by Tollring or its Suppliers and will terminate on the date specified by Tollring or its Suppliers unless terminated earlier in accordance with provisions of this Agreement (the “Evaluation Period”). The Evaluation Product may only be used for non-commercial use in a non-production environment. Conditioned on Licensee’s compliance with the terms and conditions of this Agreement, Tollring grants to Licensee, during the Evaluation Period, a cost-free, personal, non-sub- licensable, non-transferable, non-assignable and nonexclusive, revocable license to use the Evaluation Product, solely at the designated location agreed in writing by Tollring or its Suppliers and solely for Licensee’s internal evaluation of the Product. Licensee may only grant access to the Evaluation Product to employees, contractors, agents or consultants who have entered into a confidentiality agreement with Licensee no less protective of Tollring’s proprietary rights than this Agreement. Upon the expiration or termination of the Evaluation Period: (i) all licenses granted hereunder for such evaluation will cease; and (ii) Licensee will immediately return the Evaluation Product to Tollring and destroy or erase any intangible copies of the Evaluation Product, and certify in a writing signed by an officer of Licensee and delivered to Tollring that all such copies of have been returned, destroyed or erased.
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Evaluation of Products. If the Software is being installed for evaluation purposes (“Evaluation Product”), the Software may be installed for a period not exceeding that agreed by Maintel and will terminate on the date specified by Maintel unless terminated earlier in accordance with provisions of this Agreement (the “Evaluation Period”). The Evaluation Product may only be used for non-commercial use in a non-production environment. Conditioned on Licensee’s compliance with the terms and conditions of this Agreement, Maintel grants to Licensee, during the Evaluation Period, a cost-free, personal, non-sub- licensable, non-transferable, non-assignable and nonexclusive, revocable license to use the Evaluation Product, solely at the designated location agreed in writing by Maintel and solely for Licensee’s internal evaluation of the Product. Licensee may only grant access to the Evaluation Product to employees, contractors, agents or consultants who have entered into a confidentiality agreement with Licensee no less protective of Maintel’s proprietary rights than this Agreement. Upon the expiration or termination of the Evaluation Period: (i) all licenses granted hereunder for such evaluation will cease; and (ii) Licensee will immediately return the Evaluation Product to Maintel and destroy or erase any intangible copies of the Evaluation Product, and certify in a writing signed by an officer of Licensee and delivered to Maintel that all such copies of have been returned, destroyed or erased.
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Evaluation of Products 
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Related to Evaluation of Products

  • Reformulation of Products As of the Effective Date, and continuing thereafter, Products that ▇▇▇▇▇▇▇ directly manufactures, imports, distributes, sells, or offers for sale in California shall either: (a) be Reformulated Products pursuant to § 2.2, below; or (b) be labeled with a clear and reasonable exposure warning pursuant to §§ 2.3 and 2.4, below. For purposes of this Settlement Agreement, a “Reformulated Product” is a Product that is in compliance with the standard set forth in

  • Return of Products No Products or part shall be returned to Seller without an approved Return Goods Authorization (“RMA”) from Seller. Custom and special order Products are non-returnable. Returns are subject to a restocking fee.

  • Manufacture of Products All Products marketed through Grantor's Web ------------------------- Site shall be manufactured, packaged, prepared, and shipped in accordance with the specifications and requirements described on Exhibit A hereto as it may be modified from time to time. Quality control standards relating to the Product's weight, color, consistency, micro-biological content, labeling and packaging are also set forth on Exhibit A. In the event that Exhibit A is incomplete, Products shall be manufactured and shipped in accordance with industry standards.

  • Supply of Products ‌‌ 3.1 The Supplier warrants that the Products shall: (a) correspond with their description and any applicable Product Specification; (b) conform in all respects with the Order and any relevant sample; (c) be of satisfactory quality and fit for any purpose held out by the Supplier or made known to the Supplier by Ornua, expressly or by implication, and in this respect Ornua relies on the Supplier's skill and judgement; (d) be manufactured by properly trained and qualified personnel using all reasonable skill, care and diligence and in a good and workmanlike manner;‌ (e) where they are manufactured products, be free from defects in design, materials and workmanship and remain so for the period set out in the Product Specification or, if none is specified, for at least 12 months after delivery; (f) comply with all applicable statutory and regulatory requirements relating to the manufacture, labelling, packaging, storage, handling and delivery of the Products;‌ (g) comply with all relevant standards including any UK Standards, European Standards or International Standards applicable in the UK and the country or State where the Products are to be used; and (h) in the case of Products containing food stuffs, when delivered to Ornua, comply with all applicable food and hygiene legislation and regulations and best industry practice.‌ 3.2 The Supplier shall ensure that at all times it has and maintains all licences, permissions, authorisations, consents and permits needed to carry out its obligations under the Contract in respect of the supply of Products. Breach of this Condition shall be deemed a material breach of the Contract. 3.3 Ornua may inspect and test the Products at any time before delivery. The Supplier shall remain fully responsible for the Products despite any such inspection or testing and any such inspection or testing shall not reduce or otherwise affect the Supplier's obligations under the Contract. 3.4 If following such inspection or testing Ornua considers that the Products do not comply or are unlikely to comply with the Supplier's undertakings at clause 3.1, Ornua shall inform the Supplier and the Supplier shall immediately take such remedial action as is necessary to ensure compliance.‌ 3.5 Ornua may conduct further inspections and tests after the Supplier has carried out its remedial actions.

  • Supply of Product Salix shall use reasonable efforts to supply the Product during the Co-Promotion Period in sufficient quantities to satisfy the levels of Product sales forecasted in the then current Marketing Plan. Salix shall maintain reasonable inventory levels of the Product in order to ensure their ability to fulfill this obligation. Salix shall have the sole responsibility and right to fill orders with respect to the Product. Altana shall not solicit orders for the Product but, if for any reason, Altana shall receive an order for the Product, Altana shall promptly forward to Salix any such orders. All orders for Product shall be subject to acceptance by Salix, in its sole discretion, which acceptance shall not be unreasonably withheld. Salix may cancel any order for Product at any time after acceptance without incurring any liability to Altana. Salix shall be solely responsible for responding to requests from Target Physicians for individual patients who need the Product but are unable to afford it. Any such request shall be forwarded by Altana to Salix for processing. Salix shall have the sole right and responsibility for establishing and modifying the terms and conditions of the sale of the Product, including (a) the price at which the Product will be sold, (b) whether the Product will be subject to trade or quantity discounts, (c) whether any discount will be provided for payments on accounts receivable, (d) whether the Product will be subject to rebates, returns and allowances or retroactive price reductions, (e) the channels of distribution of the Product, and (f) whether credit [*] Confidential treatment requested; certain information omitted and filed separately with the SEC. is to be granted or refused in connection with any sale of Product. In the event that Salix fails to supply the Product as required pursuant to this Agreement for any reason other than a Force Majeure, which such failure results in lost sales for Altana, the Parties shall meet and attempt to negotiate a mutually agreeable and commercially reasonable solution. If the Parties cannot reach such an agreement within a reasonable period of time, the issue will be dealt with as contemplated under Section 4.4 of this Agreement.