The following is added to the end of Section 2(a) of the SLA: “Licensee will only use the Program(s) for the purpose of internal demonstration and evaluation, and not for production or commercial purposes, in order to determine whether Licensee desires to purchase a license for the Program(s).”
Section 6(a) of the SLA is stricken in its entirety and replaced with the following: “THE PROGRAM(S) IS PROVIDED TO LICENSEE ‘AS IS’ WITHOUT WARRANTY OF ANY KIND. LICENSOR AND THE CHANNEL PARTNER AND THEIR RESPECTIVE AFFILIATES AND SUPPLIERS DISCLAIM ALL WARRANTIES, CONDITIONS, OR REPRESENTATIONS (EXPRESS OR IMPLIED, ORAL OR WRITTEN), WITH RESPECT TO THE PROGRAM(S) OR ANY PART THEREOF, INCLUDING BUT NOT LIMITED TO ANY AND ALL WARRANTIES OR CONDITIONS OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS OR SUITABILITY FOR ANY PURPOSE (whether or not Licensor or the Channel Partner and their respective affiliates and suppliers knows, has reason to know, has been advised, or is otherwise in fact aware of any such purpose), whether alleged to arise by law, by reason of custom or usage in the trade, or by course of dealing. LICENSOR AND THE CHANNEL PARTNER AND THEIR RESPECTIVE AFFILIATES AND SUPPLIERS DO NOT WARRANT THE ACCURACY OR APPLICABILITY OF THE RESULTS OBTAINED THROUGH USE OF THE PROGRAM(S).”
Section 7 and Subsections (b)-(f) of Section 6 of the SLA are stricken in their entirety.
The second sentence of Section 8 of the SLA is modified to read: “In no event will Licensor’s and its affiliates’, suppliers’, and the Channel Partner’s aggregate liability to Licensee exceed the greater of: (i) the fees paid by Licensee for the Program(s) or (ii) 5,000.00 U.S. Dollars.”
Licensor may provide TECS at its sole discretion and may require Licensee to pay an additional fee. Notwithstanding the first sentence of Section 9 of the SLA, in the event Licensor provides Customer Support, all Customer Support requests must be submitted by email.