PLEASE READ CAREFULLY: IF YOU ARE ACCEPTING THIS EVALUATION AGREEMENT (“EVALUATION AGREEMENT”) ON BEHALF OF A CORPORATION OR OTHER LEGAL ENTITY (“CUSTOMER”), YOU UNDERTAKE AND WARRANT THAT YOU HAVE FULL AUTHORITY TO BIND THE CUSTOMER TO THIS AGREEMENT. BY CLICKING “ACCEPT,” CUSTOMER ACCEPTS THIS AGREEMENT AND THE AGREEMENT WILL BE DEEMED A BINDING CONTRACT BETWEEN MATISOFT CYBER SECURITY LABS PVT. LTD. (HEREIN AFTER REFERRED TO AS COMPANY) AND CUSTOMER. IF CUSTOMER DOES NOT AGREE TO OR CANNOT COMPLY WITH ALL OF THE TERMS AND CONDITIONS SET FORTH IN THIS AGREEMENT OR IF YOU DO NOT HAVE AUTHORITY TO BIND THE CUSTOMER, THEN DO NOT CLICK “ACCEPT” AND CUSTOMER WILL NOT BE AUTHORIZED TO USE THE PRODUCT.
This Agreement is entered into that Customer accepts the terms and conditions on the date on which the Company makes available to the Customer the software for installation on an endpoint in accordance with this Evaluation Agreement. All terms not defined in this Evaluation Agreement shall have the meaning set forth in the Company’s Terms and Conditions (as defined below).
- Evaluation Term. Company agrees to grant license to the Customer with access to the Product for evaluation purposes for a period of fifteen (15) days, provided, however, the evaluation period may be extended upon written (including email) authorization by Company on request of the Customer.
- If the Company approves your evaluation use of the Product, Customer agrees to Company’s current applicable terms and conditions/EULA located on the Company’s website, which terms are hereby incorporated under the head (“Terms and Conditions”) and which shall apply to the Product, Malware Samples (as defined below), and Customer’s evaluation thereof, except for the following different or additional terms which shall apply (notwithstanding any contrary term specified in any other section of this Evaluation Agreement) to the evaluation of the Product and use of the Malware Samples:
- the right to access and use evaluation versions of the Product and Malware Samples is limited to the evaluation term permitted by the Company (or its authorized reseller, as applicable) and only for the limited purpose of evaluating such Product and establishing Customer’s desire to purchase subscriptions to such Product;
- Customer’s access and use of the Product and Malware Samples is limited to Internal Use only by your employees for your benefit and for the purposes of evaluating the Product,
- Customer represents that it is a bona fide potential customer of the Product that is evaluating whether to purchase and/or license such Product for deployment for its own internal information security needs and not for the benefit of any third party, the development of any product or service, competitive trial or use, or any other purposes;
- the evaluation access and use is provided “AS IS” without any warranty of any kind;
- The Company disclaims all warranties, support obligations and other liabilities and obligations in connection with the evaluation access or use of the Product and/or Malware Samples;
- Company (or its authorized reseller) may terminate the evaluation access upon written notice to Customer and Customer shall remove all copies of the software from its endpoints unless Customer has purchased a subscription to the Product prior to such termination. Unless otherwise agreed in writing, if and when Customer purchases a subscription to the Product, Customer hereby agrees to the then-current Terms and Conditions including any revisions in future which may be displayed on our website.
- Malware Samples. If the Company makes malware samples (“Malware Samples”) available to Customer in connection with an evaluation or use of the Product and Performance Tools, Customer acknowledges and agrees that Customer’s access to and use of Malware Samples is at Customer’s own risk, that Customer has the requisite skill to safely handle Malware Samples, that Customer should not download or access any Malware Samples on or through its own production systems and networks and that doing so can infect and damage Customer’s systems, networks and data, and that Customer shall use the Malware Samples solely for evaluation of the Product for Internal use and not for any malicious or unlawful purpose. The Company will not be liable for any loss or damage caused by any Malware Sample that may infect Customer’s computer equipment, computer programs, data or other proprietary material due to Customer’s access to or use of the Malware Samples. through its own systems and networks and that doing so can infect and damage Customer’s systems and networks, that Customer shall use the Malware Samples solely for testing the Product and not for any malicious or unlawful purpose, and that Company will not be liable for any loss or damage caused by any Malware Sample.