This Trial Use and Confidentiality Agreement (“Agreement”) governs your use of a free trial for our products or services. The Agreement is effective upon the date you register on our website for the free trial (the “Effective Date”), by and between an individual, and any company or organization for whom you are using the free trial ( “Prospect”), and FairWarning Cloud Security, LLC (“Vendor”). Prospect and Vendor may each be referred to herein individually as a “Party” and collectively as the “Parties.”
WHEREAS, Prospect has requested that Vendor provide a limited proof of concept demonstration (“Trial Use”) to assist in Prospect’s assessment of FairWarning® for Salesforce, Vendor’s cloud-based data protection services (“Services”).
NOW, THEREFORE, in consideration of the mutual promises set forth herein, Prospect and Vendor hereby agree as follows:
Each Party represents and warrants that it will conform and comply with all applicable provisions of governing laws, ordinances, rules and regulations, including but not limited to any applicable federal or state data security protection laws.
3. Survival. For any liabilities, damages, costs, or claims that accrue or are incurred under this Section 5 prior to termination or expiration of this Agreement, this provision shall survive such termination or expiration.
EXCEPT WITH REGARDS TO DAMAGES ARISING FROM SECTION 1 (SERVICES, RIGHTS AND OBLIGATIONS) OR SECTION 3 (CONFIDENTIALITY); EITHER PARTY’S GROSS NEGLIGENCE, OR WILLFUL MISCONDUCT; OR INDEMNITY OBLIGATIONS UNDER SECTION 5 (INDEMNIFICATION) FOR THIRD-PARTY CLAIMS; NEITHER PARTY SHALL BE LIABLE FOR ANY INDIRECT, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES RELATING TO EACH PARTY’S RESPECTIVE OBLIGATIONS UNDER THIS AGREEMENT OR THEIR BREACH THEREOF.
BY USING THE FREE TRIAL SERVICES, YOU AGREE TOTHE TERMS OF THIS AGREEMENT. IF YOU ARE ENTERING INTO THIS AGREEMENT ON BEHALF OF A COMPANY OR OTHER LEGAL ENTITY, YOU REPRESENT THAT YOU HAVE THE AUTHORITY TO BIND SUCH ENTITY AND ITS AFFILIATES TO THESE TERMS AND CONDITIONS.