Trial Evaluation Agreement
Izzi Software LLC dba ColeSoft Marketing, Inc. (“ColeSoft”) agrees to provide Z/XDC (“Products”) to the customer named within the Trial Form (“Customer”) for a period of thirty days (the “Evaluation Period”) for the purposes of determining the Products’ usefulness to Customer’s business operations. ColeSoft, at its sole discretion, may grant extensions to the Evaluation Period. Customer is under no obligation for payment of any kind during the Evaluation Period.
Upon receipt of this Agreement, properly executed by an authorized Customer representative, ColeSoft shall electronically distribute the Product(s) along with documentation suitable to install and operate the Product(s).
Customer understands and agrees that the Product(s) are proprietary product(s) of ColeSoft. Customer agrees not to encumber or alter the Product(s) in any way or to disclose, transfer or otherwise make the Product(s) available to any person or entity other than those who are required to have such knowledge for the use and evaluation of the Product(s).
ColeSoft warrants that the Product(s) contain only that code which is necessary and/or appropriate for carrying out their documented functions, and that the Product(s) contain no "virus" code of any malicious, destructive or nuisance nature.
ColeSoft shall not be liable to Customer for any liability, loss or damage caused by the use, misuse or operation of the Product(s). Customer shall indemnify ColeSoft against all third party claims arising from Customer’s use, misuse or operation of the Product(s).
During the Evaluation Period, ColeSoft shall provide technical support to Customer through email at support@colesoft.com, so as to assist Customer in installing, configuring and learning to use Products in Customer’s environment.
At the conclusion of the Evaluation Period, Customer agrees either (a) to proceed towards acquisition of a lease to continue using the Product(s) or (b) to cease use of the Product(s) immediately, and remove the Product(s) from Customer's computing system(s). In the case of "(b)", Customer shall erase all copies of the Product(s) that Customer has created or allowed to be created. Customer also shall destroy all Distribution Materials. Customer shall then notify ColeSoft in writing that this has been done.
