Free Trial Addendum 

Last updated: January, 2023

SoftwareONE Goatpath Assessment
A new Goatpath by SoftwareONE feature of PyraCloud

1. Free Trials 

  • SoftwareONE may, from time to time at its sole discretion, provide free trials (“Free Trials”) of PyraCloud or of a specific element or feature thereof (the “Free Trial Services”). Free Trials shall be governed by the provisions of the PyraCloud Terms of Use available here pyracloud.com (or, if you are an existing PyraCloud customer, the PyraCloud Terms of Use you agreed with SoftwareONE) as amended by the relevant Free Trial Addendum (together, the “Agreement”). For the avoidance of doubt, unless otherwise required by SoftwareONE, where Company is using a Free Trial there is no requirement for a Contract (as defined in the PyraCloud Terms of Use) to be in place.
  • Unless otherwise agreed by SoftwareONE, Company will be eligible for a Free Trial if neither Company nor any of its Affiliates have had a previous Free Trial of the Free Trial Services. Company will be permitted one (1) Free Trial of the Free Trial Services only and no renewals of the Free Trial Period will be permitted.
  • The SoftwareONE Goatpath Assessment tool (a new Goatpath by SoftwareONE feature of PyraCloud) is the Free Trial Service which will be provided under this Addendum and therefore the Agreement, if Company’s registration for the Free Trial is accepted. Notwithstanding clause 4.1 below, but always subject to no personal data being uploaded by Company or its’ users into the Goatpath Assessment tool, Company may input real software lifecycle data and related information into the Goatpath Assessment tool and use it to assist Company in identifying gaps in Company’s current software lifecycle maturity and benchmark itself.

2. No Warranties

  • Company acknowledges and agrees that any limited warranties provided under the PyraCloud Terms of Use shall not apply to the Free Trial or the Free Trial Services. Instead, the Free Trial and the Free Trial Services (including any support, assistance or advice provided in connection thereto) shall be provided to Company solely on an “as is” and “as available” basis. Consequently, SoftwareONE makes no representation or warranty (including that any of the Free Trial Services or any product related thereto will provide any cost savings or decrease in software spend or that they will be free of any errors, defects or other problems that may cause issues such as system failures, security breaches, interruptions or data loss) and shall have no indemnification obligations with respect to any Free Trial or Free Trial Services (nor for any support, assistance or advice provided in connection thereto). Company acknowledges and agrees that it retains sole responsibility for: (i) its access and use of the Free Trial Services; (ii) determining its use of and the extent of its reliance on any SoftwareONE advice or recommendations or any product of the Free Trial Services; and (iii) the delivery, achievement or realization of any benefits directly or indirectly related to the Free Trial Services which require implementation or execution by Company.
  • In addition, Company acknowledges that SoftwareONE has not promised or guaranteed that the Free Trial or the Free Trial Services will be made available in the future, that any updates will be made thereto or that it will introduce a product or service similar to or compatible with the Free Trial Services.

3. Liability

  • SAVE FOR ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW, COMPANY ASSUMES ALL RISK OF ACCESS AND USE OF THE FREE TRIAL AND THE FREE TRIAL SERVICES AND, NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THE AGREEMENT, SOFTWAREONE SHALL NOT HAVE ANY LIABILITY OF ANY KIND (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), BREACH OF STATUTORY DUTY, INDEMNITY OR OTHERWISE) WITH RESPECT TO THE FREE TRIAL OR THEFREE TRIAL SERVICES (INCLUDING FOR ANY SUPPORT, ASSISTANCE OR ADVICE PROVIDED IN CONNECTION THERETO) UNLESS SUCH EXCLUSION OF LIABILITY IS NOT ENFORCEABLE UNDER APPLICABLE LAW IN WHICH CASE SOFTWAREONE’S TOTAL AGGREGATE, CUMULATIVE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THE FREE TRIAL AND/OR THE FREE TRIAL SERVICES (INCLUDING ANY SUPPORT, ASSISTANCE OR ADVICE PROVIDED IN CONNECTION THERETO) SHALL BE LIMITED TO THE AMOUNT OF ONE THOUSAND UNITED STATES DOLLARS (US$1,000) (OR THE THEN-CURRENT VALUE IN THE RELEVANT LOCAL CURRENCY) IN TOTAL.

4. Company obligations

  • Unless otherwise agreed by SoftwareONE, Company agrees that the Free Trial Services are provided exclusively for trial and testing purposes only and Company shall not access or use the Free Trial Services in a live, production or service delivery environment nor shall Company upload and/or use any personal data or data relating to Company’s or any third parties’ production or other business activities with Free Trial Services.
  • Company shall, and shall ensure that its users shall, comply with the terms of the Agreement and all applicable laws. Company shall be responsible and liable for all activities under its Free Trial account and for all its and its users’ access and use of the Free Trial Services (including for all damages, losses, costs and expenses caused in connection thereto).
  • Company will make available to SoftwareONE personnel participating in the Free Trial: (i) to provide Feedback; and (ii) to provide references to other SoftwareONE customers or prospective customers.

5. Term and Termination

  • Unless otherwise agreed at the time with SoftwareONE, the Free Trial will be for a maximum period of thirty (30) days (“Free Trial Period”). SoftwareONE may withdraw the Free Trial and/or stop accepting new registrations for the Free Trial at any time at its sole discretion. In addition to any termination rights set out in the PyraCloud Terms of Use, SoftwareONE reserves the right to terminate a Free Trial immediately at any time, with or without notice, at its sole discretion without liability.
  • Unless otherwise agreed by SoftwareONE, the Free Trial Period shall automatically terminate on the earlier of: (i) thirty (30) days from the date of commencement of the Free Trial; (ii) the start date of a service subscription purchased by Company for the services provided in the Free Trial (whether standalone or as part of another service); (iii) Company being found not to be eligible for the Free Trial Services; (iv) Company exceeding the limits of the Free Trial Services; (v) the de-registration or return by Company of the Free Trial Services before the end of the Free Trial Period by cancelling the Free Trial Services via its account or notifying SoftwareONE; or (vi) SoftwareONE’s termination of the Company’s Free Trial in accordance with clause 5.1 above.
  • SoftwareONE shall have no obligation to retain any Company Content or other Company information (including any personal information) submitted or collected through the Free Trial Services nor for any configurations made to the Free Trial Services. SoftwareONE shall be entitled to take such actions as it considers necessary to delete any such Company Content and other Company information (including any personal information) and configurations ninety (90) days after termination of the Free Trial at its own discretion, without prior notice and without incurring liability to Company.