Evaluation Agreement Purpose

3. License. Subject to the terms of this Agreement, Netgate Evaluator grants a non-exclusive, non-transferable, royalty-free license, without the right to sublicense, to test and use the Products solely for the purpose of evaluating the Products solely for the evaluation period. The product may contain software licensed under the terms of open source software licenses. The license terms, notices, attributions, and other information about the open source licensed software included in the Product are available on the Open Source Code page or in the license file distributed with the Products, or in the header files and/or release notes. In the event of any material conflict between the Evaluation Terms and the Open Source Software License Terms, the Open Source License Terms will apply to the Software covered by these Terms. Netgate disclaims all liability and warranties with respect to open source software. 19. Miscellaneous. This Agreement, in conjunction with the Netgate Terms of Use, sets forth the entire agreement between the parties and the aggregates and supersedes all prior agreements, discussions and understandings, express or implied, between the parties, whether oral or written. This Agreement supersedes any additional or conflicting terms that may be contained in any of the Appraiser`s Orders or other confirmation forms. The Appraiser and Netgate are independent contractors, and nothing in these Valuation Terms is intended or intended to create a relationship between the Principal and the Agent, Employer or Employee, or the Joint Venture between the Parties.

In the event of any material conflict between these Evaluation Terms and the other Netgate Terms, these Evaluation Terms shall prevail. This Agreement shall not be deemed to have been amended, amended, repealed, cancelled or suspended, in whole or in part, unless amended in writing by the Parties. In the event that one or more provisions contained in these Evaluation Terms should be held to be unenforceable in any respect for any reason, such unenforceability shall not affect any other provision of this Agreement, and these Evaluation Terms shall be construed as if such unenforceable provision were not contained herein. Sections 10 through 19 of this Agreement shall survive the expiration or termination of the Evaluation Period. 4. WARRANTY. The parties acknowledge that the borrowed products are supplied „AS IS“. In the event that the Customer purchases Products, the provisions of the infoblox General Terms and Conditions apply. The Customer does not acquire any ownership or other ownership rights in the Product(s), with the exception of the limited valuation right during the Evaluation Period. INFOBLOX, ITS SUPPLIERS AND LICENSORS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE PRODUCTS, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. INFOBLOX HAS NOT AUTHORIZED ANY PARTY TO MAKE ANY REPRESENTATIONS, WARRANTIES OR OBLIGATIONS ON BEHALF OF INFOBLOX. IN NO WAY DOES INFOBLOX GUARANTEE THAT THE PRODUCTS WILL BE ERROR-FREE OR WILL OPERATE WITHOUT PROBLEMS OR INTERRUPTIONS.

PRODUCTS CAN BE NEW OR REFURBISHED. With the short evaluation agreement, once the evaluation is complete, either each party follows its own path, or the parties must now sit down and negotiate whether or not the potential customer (the company) will buy the software, and if so, under what conditions (price, quantity, etc.). In the long-term evaluation agreement, the main part of the agreement concerns the sections that cover the purchase or license to use the software – which means that the entire contract – including the purchase or license sections – is negotiated before the start of the evaluation period. This means that the parties do not have to renegotiate the terms of purchase of the software after the end of the pilot phase, as they have already defined the results required to activate the purchase/license agreement. Disclaimer: While these are the main issues, it is certainly not enough to cover them, and it is highly recommended to consult with legal counsel before signing or drafting an evaluation agreement. As the saying goes, the devil is in the details. 1. General. These Evaluation Terms apply to both products that have not yet been generally available and that Netgate has made available as part of an evaluation. The evaluator may not evaluate a Netgate product unless netgate has approved it. With respect to each beta product provided to the evaluator, the evaluator undertakes to act as the test site for that product and to provide feedback on the operational and functional capabilities of the product.

10.2. Each party agrees to maintain reasonable indemnification or other applicable insurance for all of its employees, contractors, suppliers and agents who have access to the other party`s premises in accordance with these Evaluation Terms, and to indemnify and hold the other party harmless from any personal injury claimed by the indemnifying party`s employees, subcontractors, suppliers and representatives. become. on the basis of violations suffered at these premises during the performance of the terms of this Agreement. This Evaluation Agreement (this „Agreement“) is entered into today (the „Effective Date“) by and between Infoblox Inc., a Delaware corporation headquartered at 3111 Coronado Drive, Santa Clara, CA 95054 („Infoblox“) and the company requesting evaluation products („Customer“). Infoblox and the Customer are individually a „Party“ and together the „Parties“. The arrangement you choose really depends on your specific situation. If you know that it will be difficult to get into the door with the potential client and you are convinced of the results, it is best to use the short evaluation agreement so that the agreement does not get stuck with the potential client`s legal department (which could ultimately result in the testing phase never happening).

If you are dealing with a potential client who is more flexible (or their lawyers are more relaxed – I know hard to believe, right?), then it is advisable to use the agreement on the long valuation and conclude the negotiations in a round of negotiations. In my opinion, if you believe in your service/product, then another great advantage of using a short evaluation contract (the one without a purchase contract) is that if the evaluation is successful, you have the upper hand in the negotiation and see how the potential customer will be much more interested in your product/software – this is more of a business aspect. but of course, this also concerns the legal. 7. CONFIDENTIAL INFORMATION. . . . . . . .