Common use of Trial Usage Clause in Contracts

Trial Usage. If Customer registers for a free trial, promotional offer, or other type of limited offer for use of the DocuSign Services (“Free Trial”), Customer may be presented with additional terms and conditions when registering for a Free Trial, and any such additional terms and conditions are hereby incorporated into this Agreement by reference as a Service Schedule and are legally binding upon the Parties. ANY DATA THAT CUSTOMER ENTERS INTO THE DOCUSIGN SERVICES, AND ANY CONFIGURATIONS MADE BY OR FOR CUSTOMER, DURING THE FREE TRIAL WILL BE PERMANENTLY LOST AT THE END OF THE TRIAL PERIOD UNLESS CUSTOMER: (a) PURCHASES A SUBSCRIPTION TO THE SAME DOCUSIGN SERVICES AS THOSE COVERED BY THE TRIAL; (b) PURCHASES AN UPGRADED VERSION OF THE DOCUSIGN SERVICES; OR (c) EXPORTS SUCH DATA BEFORE THE END OF THE TRIAL PERIOD. CUSTOMER CANNOT TRANSFER DATA ENTERED OR CONFIGURATIONS MADE DURING THE FREE TRIAL TO A DOCUSIGN SERVICE THAT WOULD BE A DOWNGRADE FROM THAT COVERED BY THE TRIAL, AND IN SUCH SITUATION ANY CUSTOMER DATA OR CUSTOMIZATION WILL BE PERMANENTLY LOST. NOTWITHSTANDING ANY OTHER PROVISION OF THIS AGREEMENT, INCLUDING WITHOUT LIMITATION SECTION 8 (WARRANTIES AND DISCLAIMERS), SECTION 9 (THIRD-PARTY CLAIMS), AND SECTION 10 (LIMITATION OF LIABILITY), FREE TRIALS ARE PROVIDED “AS-IS” AND “AS AVAILABLE” AND, TO THE FULLEST EXTENT PERMISSIBLE BY LAW, (y) WITHOUT ANY REPRESENTATION OR WARRANTY, WHETHER EXPRESS, IMPLIED OR STATUTORY; AND (z) DOCUSIGN’S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO CUSTOMER’S USE OF THE FREE TRIAL IS $100.

Appears in 3 contracts

Sources: Master Services Agreement, Docusign Services Agreement, Master Services Agreement

Trial Usage. If Customer registers CloudStream is supplied on a trial basis or is otherwise designated as being provided for trial purposes, you are granted a limited, non-exclusive license to use and access the Cloud Services or, as applicable, use a copy of the Software under the terms of this Agreement for a free triallimited time period only and only for evaluation purposes to allow Provider to provide you with a limited Proof-of-Concept (a “Trial License”). (a) Under a Trial License, promotional offer, or other type of Customer`s rights as set out elsewhere in this Agreement are limited offer as follows: (i) Customer may use CloudStream solely for evaluation purposes for thirty (30) days from the date first authorized for Customer to access CloudStream; (ii) Customer's use of the DocuSign Services (“Free Trial”), Customer Software may be presented with additional terms terminated by Provider without notice at any time; and conditions when registering for (iii) Trial-Licenses may contain a Free Trial, and any such additional terms and conditions are hereby incorporated into this Agreement by reference as a Service Schedule and are legally binding upon "time-out" mechanism that will automatically reduce the Parties. ANY DATA THAT CUSTOMER ENTERS functionality or disable use of CloudStream at the end of the trial period. (b) BY ENTERING INTO THE DOCUSIGN SERVICES, THIS AGREEMENT AND ANY CONFIGURATIONS MADE BY OR FOR CUSTOMER, DURING THE FREE TRIAL WILL BE PERMANENTLY LOST AT THE END YOUR ACCESS AND USE OF THE TRIAL PERIOD UNLESS CUSTOMER: (a) PURCHASES A SUBSCRIPTION TO THE SAME DOCUSIGN CLOUD SERVICES OR, AS THOSE COVERED BY THE TRIAL; (b) PURCHASES AN UPGRADED VERSION OF THE DOCUSIGN SERVICES; OR (c) EXPORTS SUCH DATA BEFORE THE END APPLICABLE, YOUR USE OF THE TRIAL PERIODSOFTWARE, YOU ACKNOWLEDGE AND AGREE THAT YOUR RIGHT TO USE CLOUDSTREAM WILL TERMINATE AFTER THE EVALUATION PERIOD AND THEREAFTER YOU WILL NOT BE ABLE TO USE CLOUDSTREAM UNTIL YOU PURCHASE A COMMERCIAL VERSION. CUSTOMER CANNOT TRANSFER DATA ENTERED OR CONFIGURATIONS MADE DURING THE FREE ALL TRIAL TO A DOCUSIGN SERVICE THAT WOULD BE A DOWNGRADE FROM THAT COVERED BY THE TRIAL, AND IN SUCH SITUATION ANY CUSTOMER DATA OR CUSTOMIZATION WILL BE PERMANENTLY LOST. NOTWITHSTANDING ANY OTHER PROVISION OF THIS AGREEMENT, INCLUDING WITHOUT LIMITATION SECTION 8 (WARRANTIES AND DISCLAIMERS), SECTION 9 (THIRD-PARTY CLAIMS), AND SECTION 10 (LIMITATION OF LIABILITY), FREE TRIALS VERSIONS ARE PROVIDED “AS-AS IS” WITH NO WARRANTIES OF ANY TYPE WHATSOEVER, AND “AS AVAILABLE” ANDNO SUPPORT AND MAINTENANCE. BECAUSE THE TRIAL SOFTWARE IS PROVIDED TO YOU AT A DISCOUNTED FEE OR, IN SOME CASES, FREE OF CHARGE, YOU WAIVE ANY AND ALL RIGHTS TO MAKE ANY CLAIMS AGAINST PROVIDER OR ANY THIRD PARTY BASED ON THE FULLEST EXTENT PERMISSIBLE BY LAWTRIAL VERSION BEING FAULTY, (y) WITHOUT ANY REPRESENTATION DEFECTIVE, UNFIT, OR WARRANTY, WHETHER EXPRESS, IMPLIED OR STATUTORY; AND (z) DOCUSIGN’S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO CUSTOMER’S USE OF THE FREE TRIAL IS $100UNSATISFACTORY.

Appears in 1 contract

Sources: Ricoh Cloudstream Agreement

Trial Usage. If Customer registers for a free trial, promotional offer, or other type of limited offer for use of the DocuSign Services (“Free Trial”), Customer may be presented with additional terms and conditions when registering for a Free Trial, and any such additional terms and conditions are hereby incorporated into this Agreement by reference as a Service Schedule and are legally binding upon the Parties. ANY DATA THAT CUSTOMER ENTERS INTO THE DOCUSIGN SERVICES, AND ANY CONFIGURATIONS MADE BY OR FOR CUSTOMER, DURING THE FREE TRIAL WILL BE PERMANENTLY LOST AT THE END OF THE TRIAL PERIOD UNLESS CUSTOMER: (a) PURCHASES A SUBSCRIPTION TO THE SAME DOCUSIGN SERVICES AS THOSE COVERED BY THE TRIAL; (b) PURCHASES AN UPGRADED VERSION OF THE DOCUSIGN SERVICES; OR (c) EXPORTS SUCH DATA BEFORE THE END OF THE TRIAL PERIOD. CUSTOMER CANNOT TRANSFER DATA ENTERED OR CONFIGURATIONS MADE DURING THE FREE TRIAL TO A DOCUSIGN SERVICE THAT WOULD BE A DOWNGRADE FROM THAT COVERED BY THE TRIAL, AND IN SUCH SITUATION ANY CUSTOMER DATA OR CUSTOMIZATION WILL BE PERMANENTLY LOST. NOTWITHSTANDING ANY OTHER PROVISION OF THIS AGREEMENT, INCLUDING WITHOUT LIMITATION SECTION 8 7 (WARRANTIES AND DISCLAIMERS), SECTION 9 (THIRD-PARTY CLAIMS), AND SECTION 10 (LIMITATION OF LIABILITY), FREE TRIALS ARE PROVIDED “AS-IS” AND “AS AVAILABLE” AND, TO THE FULLEST EXTENT PERMISSIBLE BY LAW, (y) WITHOUT ANY REPRESENTATION OR WARRANTY, WHETHER EXPRESS, IMPLIED OR STATUTORY; AND (z) DOCUSIGN’S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO CUSTOMER’S USE OF THE FREE TRIAL IS $100.

Appears in 1 contract

Sources: Master Services Agreement

Trial Usage. If Customer registers the Services is supplied on a trial basis or is otherwise designated as being provided for trial purposes, you are granted a limited, non-exclusive license to use and access the Services under the terms of this Agreement for a free triallimited time period only and only for evaluation purposes to allow Provider to provide you with a limited Proof-of-Concept (a “Trial License”). (a) Under a Trial License, promotional offer, Customer`s rights as set out elsewhere in this Agreement are limited as follows: (i) Customer may use the Services solely for evaluation purposes for thirty (30) days from the date first authorized for Customer to access the Services; and (ii) Trial-Licenses may contain a "time- out" mechanism that will automatically reduce the functionality or other type of limited offer for disable use of the DocuSign Services at the end of the trial period. (“Free Trial”), Customer may be presented with additional terms and conditions when registering for a Free Trial, and any such additional terms and conditions are hereby incorporated into this Agreement by reference as a Service Schedule and are legally binding upon the Parties. ANY DATA THAT CUSTOMER ENTERS b) BY ENTERING INTO THE DOCUSIGN SERVICES, THIS AGREEMENT AND ANY CONFIGURATIONS MADE BY OR FOR CUSTOMER, DURING THE FREE TRIAL WILL BE PERMANENTLY LOST AT THE END YOUR ACCESS AND USE OF THE TRIAL SERVICES YOU ACKNOWLEDGE AND AGREE THAT YOUR RIGHT TO USE THE SERVICES WILL TERMINATE AFTER THE EVALUATION PERIOD UNLESS CUSTOMER: (a) PURCHASES AND THEREAFTER YOU WILL NOT BE ABLE TO USE THE SERVICES UNTIL YOU PURCHASE A SUBSCRIPTION TO THE SAME DOCUSIGN SERVICES AS THOSE COVERED BY THE TRIAL; (b) PURCHASES AN UPGRADED VERSION OF THE DOCUSIGN SERVICES; OR (c) EXPORTS SUCH DATA BEFORE THE END OF THE COMMERCIAL VERSION. ALL TRIAL PERIOD. CUSTOMER CANNOT TRANSFER DATA ENTERED OR CONFIGURATIONS MADE DURING THE FREE TRIAL TO A DOCUSIGN SERVICE THAT WOULD BE A DOWNGRADE FROM THAT COVERED BY THE TRIAL, AND IN SUCH SITUATION ANY CUSTOMER DATA OR CUSTOMIZATION WILL BE PERMANENTLY LOST. NOTWITHSTANDING ANY OTHER PROVISION OF THIS AGREEMENT, INCLUDING WITHOUT LIMITATION SECTION 8 (WARRANTIES AND DISCLAIMERS), SECTION 9 (THIRD-PARTY CLAIMS), AND SECTION 10 (LIMITATION OF LIABILITY), FREE TRIALS VERSIONS ARE PROVIDED “AS-AS IS” WITH NO WARRANTIES OF ANY TYPE WHATSOEVER, AND “AS AVAILABLE” ANDNO SUPPORT AND MAINTENANCE. BECAUSE THE TRIAL SOFTWARE IS PROVIDED TO YOU AT A DISCOUNTED FEE OR, IN SOME CASES, FREE OF CHARGE, YOU WAIVE ANY AND ALL RIGHTS TO MAKE ANY CLAIMS AGAINST PROVIDER OR ANY THIRD PARTY BASED ON THE FULLEST EXTENT PERMISSIBLE BY LAWTRIAL VERSION BEING FAULTY, (y) WITHOUT ANY REPRESENTATION DEFECTIVE, UNFIT, OR WARRANTY, WHETHER EXPRESS, IMPLIED OR STATUTORY; AND (z) DOCUSIGN’S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO CUSTOMER’S USE OF THE FREE TRIAL IS $100UNSATISFACTORY.

Appears in 1 contract

Sources: Ricoh Cloudstream Agreement