BY ACCESSING THIS SOFTWARE AS A SERVICE YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS TRIAL USE LICENSE.
LICENSE: In exchange for the promises and covenants made herein and other good and valuable consideration, BSD grants you a non-exclusive, non-transferable, term-limited, user-limited license to access and use SpecLink Cloud, an online software service (the “SaaS Services”), as described in the product Documentation for the purpose of evaluating the SaaS Solution for purchase by you or your organization.
USERS: The Trial License is only available to those in your organization who have professional responsibility for the creation of specifications (each a “User”). Each User must have a unique log-in name and password. Assigned log-in names and passwords are personal to the User and are not transferable. You are responsible for ensuring that Users comply with the terms and conditions of this Trial License.
RESTRICTIONS: You shall use reasonable efforts to supervise and prevent Users from a) using the SaaS Solution in an unlawful manner, b) uploading any data or materials to the SaaS Solution in violation of third-party intellectual property rights and c) uploading malicious code to the SaaS Solution. BSD Trial Use License (the “Trial License”) is available only for the purpose of evaluating the SaaS Solution for purchase by Users. This Trial License not offered and not available to any person or entity engaged in the creation of software or specification data for commercial use.
DATA OWNERSHIP: All data provided by the SaaS Service or entered or uploaded by you shall be the property of BSD. Upon conversion of your Trial License to a fully-paid License (“Full License”), all data uploaded by Users to the SaaS Services shall become Customer Data under the terms and conditions of the Full License. In the event the trial User does not enter into a Full License with BSD, all uploaded data will be deleted at the end of the Trial License. Any data supplied by BSD (“BSD Data”) may be used for the evaluation of the SaaS Solution only. Access to BSD Data is provided subject BSD and third-party copyrights. Data elements may only be downloaded for inclusion in a specification, the downloading of all or a material portion of the data is a breach of copyright and the Trial License. BSD and its licensing partners retain all ownership rights to the BSD Data.
TERM AND TERMINATION:
This Trial License commences when BSD grants You access to the SaaS Solution and has a term of 14 days.
BSD shall have the right to terminate this Trial License at any time without reason.
LIMITATIONS OF LIABILITY: In no event shall BSD, its Affiliates, officers, directors, employees and agents have liability for any indirect, consequential, incidental, special or punitive damages incurred by the other party arising from this Agreement whether claimed under contract, tort or any other legal theory even if the BSD has been advised of the possibility of any of these damages. The liability of BSD and its Affiliates, officers, directors, employees, representatives, and agents and third-party vendors for any loss or damages relating to or arising out of this Trial License, whether based in contract, tort or any other form of action, shall in the aggregate not exceed $500.
CHOICE OF LAW: This Agreement shall be governed by, and construed in accordance with, the laws of the State of Georgia without reference to the conflict of laws provisions thereof. In any action to enforce this Agreement or arising out of this Agreement, the parties consent to the jurisdiction of and venue in the federal and state courts in the City of Atlanta, or the State of Georgia, for the adjudication of all matters relating hereto or arising hereunder.