This Agreement, together with all Free Test Orders, the AUP and, if applicable, the Additional Terms and any other additional terms referred to in Section 3, constitute the complete and exclusive statement of the agreement between the parties and supersede all proposals, questionnaires and other communications and agreements between the parties (oral or written) with respect to the subject matter of this Agreement. The terms of any other instrument issued by Customer under this Agreement that add to, are inconsistent with, or deviate from the terms of this Agreement shall not be in full force and effect. In addition, this Agreement supersedes any confidentiality, non-disclosure, evaluation or trial agreement previously entered into by the parties with respect to customer`s or an affiliate`s evaluation of the Free Trial Services or otherwise with respect to the Free Trial Services. Except as otherwise provided in Article 26, this Agreement may be amended only by a written act duly signed by the authorized representatives of the Parties. A party`s failure to exercise or enforce any condition, provision or provision of this Agreement shall not be deemed a waiver of such term, provision or provision. Any waiver by either party of any term, provision or provision of this Agreement shall not be construed as a waiver of any other term, provision or provision. If any provision of this Agreement is held to be invalid or unenforceable, the remainder of the Agreement shall remain in full force and effect. The titles of this Agreement are provided for reference purposes only and do not affect the interpretation of this Agreement. For the purposes of this Agreement, the words “include”, “include” and “including” shall be deemed to be followed by the words “without limitation”; the word “or” is not exclusive; and the words “herein”, “hereto”, “hereof”, “hereof” and “below” refer to this Agreement as a whole. 3.3. Effect of Termination or Expiration. Upon termination of this Agreement, whichever comes first, (a) the rights granted under this Agreement will be immediately revoked and SugarCRM may immediately deactivate the Company`s Free Trial Account; (b) Company Data will be deleted from the SugarCRM Product by SugarCRM; and (c) the return or destruction of Confidential Information will be treated as provided in the last sentence of Section 4.
Sections 1.5, 1.6, 2, 3.3, 4, 5 and 6 shall survive the termination or expiration of this Agreement. The provisions of this Section 7 do not apply if you and AVIATRIX have entered into a separate non-disclosure agreement. Each party acknowledges that the terms of this Agreement and any other information marked as “Confidential” are confidential (“Confidential Information”). Each party agrees not to disclose confidential Information to third parties or to use it on its own behalf or on behalf of others and to take precautions to protect the confidentiality of such Information, at least to the extent necessary to protect its own Confidential Information, but under no circumstances with reasonable care. Either party may disclose confidential information as required by a government agency or by operation of law, if it gives the other party reasonable written notice sufficient to allow the other party to challenge such disclosure. 4. Confidentiality. The parties acknowledge that either party may receive Confidential Information in connection with the performance of its obligations under this Agreement. Each party agrees and agrees that neither it nor its agents, employees, officers, directors or agents will disclose or have disclosed any Confidential Information of the Disclosing Party, except (a) to employees, agents or contractors of the receiving Party who need access to the Confidential Information in order to exercise their rights under this Agreement; and who are bound by a written agreement. with conditions at least as restrictive as these, not to disclose confidential or proprietary third party information disclosed to that party, or (b) to the extent such disclosure may be required by law or government regulations, provided that the receiving party provides written notice to the disclosing party for the disclosing party to apply for a protection order or disclosure.
may otherwise prevent. Nothing in this Agreement prohibits or restricts the use of the information by the receiving party: (i) of which it has previously become aware without any obligation of confidentiality, (ii) independently developed by or for it without using or accessing the confidential information of the disclosing party, (iii) acquired by it from a third party who is not subject to any obligation of confidentiality with respect to such information, or (iv) that are or become publicly available without breach of this Agreement. The receiving Party acknowledges the irreparable harm that improper disclosure of confidential information may cause; Therefore, the injured party has the right to seek an appropriate remedy for any breach or threat of breach of this Section in addition to any other remedies, including injunctions or injunctions or injunctions. The terms of this Agreement, the original code and the structure, order and organization of the SugarCRM Product are confidential information of SugarCRM or its licensors. Within five (5) days of a disclosing party`s request, the receiving party must return or destroy the disclosing party`s confidential information; provided, however, that the receiving party has the right to retain archival copies of the disclosing party`s confidential information only for legal, regulatory or compliance purposes, unless prohibited by law. TRIAL SOFTWARE LICENSE AGREEMENT This Trial Software License Agreement (the Agreement) is entered into and effective [DATE] SUBJECT/LICENSE/TERM This Trial License Agreement is entered into solely for the purpose of enabling Licensee to evaluate Licensor`s software product (Licensor`s Software) and accompanying documentation (collectively, Test System). Licensor hereby grants Licensee a non-exclusive, non-transferable, revocable license to use the Evaluation System, including any modified or extended version thereof, provided free of charge to Licensee by Licensor for a trial period of [NUMBER]days beginning on [DATE] and ending on [DATE] (the Trial Period). Each written free trial order can be executed in return, each of which is considered original, but which together are considered as one and the same agreement. Delivery of an executed consideration from a signature page to a free trial order by fax or email of a scanned copy, or execution and delivery via an electronic signature service (such as DocuSign), is considered the delivery of an initially executed consideration of the corresponding free trial order. 2.2. As between the Parties, the Customer controls the Customer`s environment and its individual components (each, a “Customer Component”), whether owned, leased or licensed by the Customer, located on Customer`s premises, or cloud-based and used by the Customer on the basis of software as a service or otherwise.
Customer may use the Free Trial Services by establishing integrations or other connections to one or more Customer Components (each, a “Login”). By implementing a connection to a Customer Component, Customer hereby grants Datadog the right and expressly requests Datadog to access and interact with such Customer Component during the Free Trial Term in order to provide and support the Free Trial Services. Customer is responsible for compliance with all applicable third party terms, policies and licenses governing customer access to and use of Customer Components and related data (collectively, the “Third Party Terms”). Subject to the terms of this Agreement, Zuora hereby grants Customer a non-exclusive, non-transferable, non-assignable, and limited license to use the Trial Services during the Trial Period solely for Customer`s business purposes and solely for customer`s own internal evaluation of the Zuora Services and not for commercial or competitive purposes. The trial service license is limited to a single tenant of the customer subject to production restrictions. In addition, and to the extent that the Test Services involve the use of hardware that works with Salesforce.com (i.e. Z-Force, Z-Force 360 and/or ZDK Services), Customer agrees that such use is also subject to the terms of www.zuora.com/MSA/sf.html. All rights not expressly granted to Customer are reserved by Zuora and its licensors. Zuora reserves the right to make changes, modifications, feature limitations and improvements to the Test Services at any time and from time to time without notice. .