hypr evaluation agreement
This Evaluation Agreement (“Evaluation Agreement”) is effective as of the later of the date you accepted this Agreement or the date in which HYPR makes available the Services with this Evaluation in order to access and use HYPR’s cloud-based software and/or the endpoint solution (“Product”). All terms not defined in this Evaluation Agreement shall have the meaning set forth in the HYPR Master Subscription Agreement.
- Evaluation Rights
- Access Rights. You warrant to HYPR that if you are accepting the Evaluation Agreement on behalf of a corporation or other legal entity, you represent and warrant that you have the full authority to bind the Customer to this Agreement. By clicking “Accept,” Customer accepts this Evaluation Agreement and the agreement will be deemed a binding contract between HYPR and Customer. If Customer does not agree or does not have the ability to comply with all the terms and conditions set forth in this agreement, or does not have the authority to bind the Customer, then do not click “Accept” and Customer will not be authorized to use the Product. HYPR, at its sole discretion, may elect to not provide access or approval to the Evaluation request and is not obligated to reply, acknowledge or respond in any way unless compelled to a request for more information about the nature of a request denial or approval.
- Provision of Services. HYPR shall make the Evaluation of the SaaS Platform available to Customer pursuant to this Agreement for evaluation purposes for a period of thirty (30) days, provided however, the evaluation period may be extended upon written (including email) authorization by HYPR.
- Termination of Services HYPR (or its authorized partner or reseller) may terminate the evaluation access with or without written notice to Customer and Customer shall remove all copies of the Services 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 and the expiration of then current evaluation.
2. Evaluation Approval
- Service Terms and Conditions. If HYPR approves your evaluation use of the Product, Customer agrees to HYPR’s current applicable terms and conditions located at https://www.hypr.com/customer-agreement/, which terms are hereby incorporated by reference (“Terms and Conditions”) and which shall apply to the Product, 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: (i) the right to access and use evaluation versions of the Product is limited to the evaluation term permitted by HYPR (or its authorized partner or reseller, as applicable) and only for the limited purpose of evaluating such Product and establishing Customer’s interest to purchase subscriptions to such Product; (ii) Customer’s access and use of the Product is limited to use by Customer employees for the purposes of evaluating the Product, (iii) Customer represents that it is a bona fide potential customer of the Product that is evaluating intent to purchase the Product for its own internal information technology needs and not for the benefit of a third party, the development of any product or service competitive with the Product, competitive trialing or use for itself or on behalf of a third party, or any other purposes.
- Evaluation Warrant. Services provided on this Evaluation Agreement are for evaluation purposes and not for production use, are not supported, may contain bugs or errors, and may be subject to additional terms. SERVICES ARE PROVIDED “AS IS” WITH NO EXPRESS OR IMPLIED WARRANTIES OF ANY KIND. HYPR may discontinue Non-GA Services at any time in its sole discretion and may choose to never make them generally available. HYPR disclaims all warranties, support obligations and other liabilities and obligations in connection with the evaluation access or use of the Product