This Agreement shall also apply to (i) “Evaluation Software” (meaning the copy of Software which contains this Agreement, including any copies made by or on your behalf, and all Documentation for the foregoing, which are licensed for a limited duration for the specific purpose of evaluation prior to making a final decision on procurement); and (ii) “Beta Test Products” (meaning the Software that is in a beta phase, including any related Documentation, that we may provide to you under this Agreement, subject to the remainder of this Section. “Evaluation Products” means Evaluation Software and Beta Test Products.
The particular Evaluation Products, period of use, Installation Site, and other transaction-specific conditions shall be as mutually agreed between us and you and recorded in the form of a schedule.
Notwithstanding any deviating terms in this Agreement, the period of use shall be thirty (30) days from date of delivery of the Evaluation Products, unless otherwise agreed in a schedule. All licenses for Evaluation Software expire at the end of the evaluation period.
You shall either delete all copies of the Evaluation Software and Beta Test Products or return the Evaluation Products at the end of the evaluation or loan period, or when sooner terminated by us for convenience whichever occurs first. You shall bear the risk of loss and damage for return of physical media and Evaluation Products, if any, and de-installation.
You may use Evaluation Products free of charge, but solely for the purpose of evaluation and not in a production environment.
Without prejudice to any other limitations on our liability set forth in this Agreement (which shall also apply to Evaluation Products), Evaluation Products are provided “AS IS” and any warranty or damage claims against us in connection with Evaluation Products are hereby excluded, except in the event of fraud or our willful misconduct.
Unless otherwise specifically agreed in writing by us, we do not provide maintenance or support for any Evaluation Products. YOU RECOGNIZE THAT EVALUATION PRODUCTS MAY HAVE DEFECTS OR DEFICIENCIES WHICH CAN NOT, OR MAY NOT BE CORRECTED BY US. We shall have no liability to you for any action (or any prior related claims) brought by or against you alleging that your sale, use or other disposition of any Evaluation Products infringes any patent, copyright, trade secret or other intellectual property rights. In the event of such an action, we retain the right to terminate this Agreement and take possession of the Evaluation Products. THIS SECTION STATES OUR ENTIRE LIABILITY WITH RESPECT TO ALLEGED INFRINGEMENTS OF INTELLECTUAL PROPERTY RIGHTS BY EVALUATION PRODUCTS OR ANY PART OF IT OR ITS OPERATION.
You shall treat the Beta Test Products, including the nature and features thereof and materials relating thereto and the results of your testing and evaluation of the Beta Test Products as our Confidential Information. You agree to provide Us with reasonable suggestions, comments and feedback regarding the Software, including but not limited to usability, bug reports, enhancement requests and test results, based on Your evaluation and testing of the Products (“Feedback”), and that any feedback or ideas You or any of Your employees, contractors or customers provided to us regarding the Beta Test Products or any suggested improvements thereto will be the exclusive property of Next DLP. You understand that we may never release the Beta Test Products as a commercial product.