Product Trial Agreement
IMPORTANT: THIS PRODUCT TRIAL AGREEMENT (THE “AGREEMENT”) CONTAINS THE EXCLUSIVE TERMS AND CONDITIONS BETWEEN JOBVITE, INC., (“JOBVITE”) AND YOU (AND THE ORGANIZATION YOU REPRESENT) (“YOU” or “EVALUATOR”) AND IT GOVERNS YOUR TESTING, EVALUATION AND USE OF THE JOBVITE HIRE TO WHICH JOBVITE GIVES YOU ACCESS (“PRODUCT"). AFTER PROVIDING SOME BASIC INFORMATION, YOU WILL BE PERMITTED ACCESS TO THE PRODUCT FOR 30 DAYS (“TRIAL PERIOD”).
BY ACCESSING THE PRODUCT FOR EVALUATION YOU ARE CONSENTING TO BE BOUND BY AND ARE BECOMING A PARTY TO THE TERMS AND CONDITIONS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, YOU MUST NOT ACCESS THE PRODUCT. WRITTEN APPROVAL IS NOT A PREREQUISITE TO THE VALIDITY OR ENFORCEABILITY OF THIS AGREEMENT AND NO SOLICITATION OF ANY SUCH WRITTEN APPROVAL BY OR ON BEHALF OF JOBVITE SHALL BE CONSTRUED AS AN INFERENCE TO THE CONTRARY. IF THESE TERMS SHOULD BE CONSIDERED AN OFFER YOUR ACCEPTANCE IS INDICATED BY YOUR USE OF THE PRODUCT.
Terms & Conditions
1. The Product Trial starts immediately and continues for the Trial Period. Either party can terminate the trial at any time on notice. You shall use the Product solelyyou’re your internal evaluation purposes, and not for any commercial or productive purpose. You shall not rent, lease, license, sell, or offer for sale the Product, for timesharing or as a service bureau, or otherwise for the benefit of a third party. Further, you will not reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of, copy, distribute, link, frame, mirror, bypass or tamper with the Product, or remove or alter any logos, trademarks, links, copyright or other notices, legends or markings from the Product or any related documentation. Jobvite shall retain all rights, title and interest in the Product. The Product and any related documentation are deemed Jobvite’s proprietary information, and you shall take all reasonable steps to keep them confidential. At the end of the Trial Period or termination of this Product Trial, you shall immediately cease all use of the Product, and erase, destroy or return all portions of the Product, its documentation, and other materials provided by Jobvite from your possession.
2. The Product is offered without fee for evaluation purposes only. Jobvite may provide suggestions and assistance in the use of the Product at its sole discretion; however, Jobvite has no obligation to do so, or to provide any support whatsoever for the Product. THE PRODUCT IS PROVIDED “AS IS” AND WITHOUT ANY WARRANTY OF ANY KIND. JOBVITE HEREBY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE PRODUCT, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, INFRINGEMENT, PERFORMANCE, AVAILABILITY, RELIABILITY OR SECURITY. YOU UNDERSTAND AND ACKNOWLEDGE THAT JOBVITE HAS NO OBLIGATION TO MAINTAIN THE CONFIDENTIALITY OF ANY INFORMATION THAT YOU OR YOUR USERS PROVIDE WHILE USING THE PRODUCT DURING THE TRIAL PERIOD, AND ASSUMES NO LIABILITY WHATSOEVER IN CONNECTION WITH SUCH INFORMATION OR YOUR USE OF THE PRODUCT UNDER THIS TRIAL. YOU FURTHER UNDERSTAND THAT THE PRODUCT MAY CONTAIN CODE THAT WILL CAUSE IT TO CEASE FUNCTIONING AT THE END OF THE TRIAL PERIOD.
3. YOUR SOLE REMEDY FOR ANY CAUSE OF ACTION UNDER ANY LEGAL OR EQUITABLE THEORY RELATING TO THE PRODUCT TRIAL SHALL BE TO TERMINATE THIS AGREEMENT. JOBVITE SHALL HAVE NO LIABILITY FOR ANY DAMAGES WHATSOEVER UNDER THIS PRODUCT TRIAL, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL OR PUNITIVE DAMAGES.
4. You may not assign or transfer this Product Trial, in whole or in part, to any other party and any attempted assignment or transafer shall be void and without effect. This document is the entire agreement between the parties as to the subject matter herein, and supersedes any other written or oral agreements related thereto. Any modification of this document must be in a writing signed by both parties. All matters relating to the Product Trial shall be governed by the laws of the State of California without regard to its conflicts of laws provisions. In the event that any of the provisions of this document are held to be unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary. You acknowledge that due to the unique nature of the Product and any information disclosed hereunder, there can be no adequate remedy at law for any breach of the Product Trial, would cause Jobvite irreparable harm, and therefore, upon any breach or threat thereof, Jobvite shall be entitled to injunctive and other equitable relief without posting a bond in addition to all remedies it may have at law.