To evaluate the Software product(s) indicated below (“Software), Pinnacle Business Systems, (“PBS”), agrees to license the Software to you (“Company”) on a free 30-day in-house trial under the following conditions:
- The trial period will be for thirty (30) days after the receipt of the Software from PBS.
- There will be no charge for the trial period. PBS may, at its sole discretion, extend the 30-day trial period.
- All materials and copies of the Software will be returned to PBS at the expiration of the 30-day trial or trial extension period.
- The Company evaluating the Software will respect and protect PBS’s proprietary rights to the Software and will not distribute or otherwise disclose the Software to third parties. Company will also verify in writing that the Software has been removed from the system and is no longer in use if the Software is not licensed.
- If the Company does not return the Software, documentation and any hardware associated with the evaluation, and/or notify PBS in writing, within 30 days succeeding the end of the trial period (total of 60 days), it is agreed that the Company will be invoiced for the full purchase price of all Product(s) listed on the download form.
- The Company will Protect the confidentiality and proprietary rights of PBS’s Software product(s) to the best of the Company’s abilities.
- PBS shall in no event be liable for the lost profits, lost revenue, data, or use, costs of procurement of substitute software or services, or any special, indirect, consequential or incidental damages, however, caused and on any theory of liability, arising in any way out of the evaluation, or use of the Software.
- PBS supplies the Software for the Company’s evaluation with no warranties, implied or expressed, and PBS disclaims any implied warranty of merchantability or fitness for a particular purpose.
- This Software Trial Agreement is for the PBS Software Product(s) listed on the download form.