Concord Fax Online Test Drive Terms and Conditions

CONCORD FAX SERVICES EVALUATION AGREEMENT

IMPORTANT - READ THIS CAREFULLY BEFORE ACCESSING AND USING THE CONCORD SERVICES. THE SERVICES ARE PROVIDED TO YOU "AS IS" WITHOUT ANY WARRANTY OF ANY KIND. BY CLICKING THE "I AGREE" BUTTON DISPLAYED AT THE BOTTOM OF THIS PAGE YOU AGREE TO THE FOLLOWING TERMS AND CONDITIONS (THE "AGREEMENT") GOVERNING YOUR USE OF CONCORD'S FAX RECEIVE FEATURE FOR EXCHANGE 2010, (THE "SERVICE"). 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 TO THESE TERMS AND CONDITIONS, IN WHICH CASE THE TERMS "YOU" OR "USER" SHALL REFER TO SUCH ENTITY.

Introduction

Concord has developed a fax receive service for Exchange 2010 which routes faxes to the User's email addresses. Concord is allowing certain qualified companies to test the new fax receive service for free prior to the general commercial availability of Exchange 2010. Concord is willing to provide, within the protection of a confidential relationship, access to the Services to User solely for testing and evaluating the Services during the Testing Period set forth below. In consideration of the foregoing and the mutual covenants set forth below, the parties hereby agree as follows:

1. Service Agreement. Subject to the terms of this Agreement, Concord grants to User use of the Services for a period of ninety (90) days (the "Test Period") for evaluation purposes only. User must inform all personnel other third parties that have access to or depend upon the Services that the Services are provided without warranty or support of any kind.
2. License. Subject to the terms and conditions of this Agreement, Concord grants to User, during the Test Period, a limited, non-exclusive, non-transferable personal license to use the Services solely for User's evaluation purposes in connection with the Services.
3. No Support. Although Concord may elect to provide certain support and assistance to User, Concord has no obligation under this Agreement to correct any bugs, defects or errors in or to otherwise support or maintain the Services. The Services are provided "AS IS".
4. Feedback. User may provide Concord with feedback regarding any information from User concerning their use and appraisals of the Services ("Feedback"). User agrees that Concord has the right to use, in any manner and for any purpose, any information gained from the User program including, but not be limited to, the Feedback and changes, modifications and corrections to the Services based on such Feedback.
5. Warranty Disclaimer. THE PARTIES ACKNOWLEDGE THAT THE SERVICES ARE EXPERIMENTAL IN NATURE AND THAT THE SERVICES ARE PROVIDED "AS IS" WITHOUT ANY WARRANTY OF ANY KIND WHATSOEVER. CONCORD DISCLAIMS ALL WARRANTIES RELATING TO THE SERVICES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT OR ANY WARRANTIES ARISING FROM COURSE OF DEALING OF COURSE OF PERFORMANCE.
6. Limitation of Remedies and Damages. CONCORD SHALL NOT BE RESPONSIBLE OR LIABLE TO USER UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY FOR ANY INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES INCLUDING, BUT NOT LIMITED TO LOSS OF REVENUES, LOSS OF DATA, OR LOSS OF PROFITS.
7. Termination. This Agreement may be terminated at any time by Concord for any reason. Upon the expiration or any termination of this Agreement, the license granted to User will terminate.
8. Confidentiality. Confidential Information “Information" means information that is disclosed by a party ("Discloser") to the other party ("Recipient"), or to which Recipient has access, in connection with this Agreement. Information may be disclosed in written or other tangible form or by oral, visual or other means. Recipient will not use any Information of Discloser for any purpose not expressly permitted by the Agreement, and will disclose the Information of Discloser only to the employees or contractors of Recipient who have a need to know such Information for purposes of the Agreement and who are under a duty of confidentiality no less restrictive than Recipient's duty hereunder. Recipient will protect Discloser's Information from unauthorized use, access, or disclosure in the same manner as Recipient protects its own confidential or proprietary information of a similar nature and with no less than reasonable care.