Trial Use Agreement

Each Party undertakes and agrees that neither it nor its representatives, collaborators, senior officers, directors or representatives shall disclose or disclose confidential information of the disclosing party, except (a) to the personnel, representatives or contractors of the receiving party who need access to the confidential information to exercise their rights under this Agreement and who are bound by a written agreement; under conditions at least as restrictive as these, not to disclose confidential or protected information of third parties disclosed to that party or (b) given that such disclosure may be required by laws or rules of the State, subject to written notification by the party receiving the request for a protection order or other disclosure. Nothing in this Agreement prohibits or limits the use of information by the receiving party: (i) that it previously knew without any obligation of trust, (ii) that it was developed independently or for it without use of or access to the confidential information of the party being disclosed, (iii) was acquired by a third party that is not confident with respect to such information; or (iv) that are or become available to the public without violation of this Agreement. The receiving party acknowledges the irreparable harm that improper disclosure of confidential information may cause; Therefore, the injured party has the right to seek an appropriate remedy in the event of an infringement or imminent violation of this Section, in addition to all other remedies, including injunctions or interim or permanent measures. The terms of this Agreement, the original code and the structure, order and organization of the SugarCRM product are confidential information of SugarCRM or its licensors. Within five (5) days of a disclosed party`s request, the receiving party must return or destroy the disclosing party`s confidential information; However, provided that the party receiving the right to retain archival copies of the confidential information of the disclosed party exclusively for legal, regulatory or compliance purposes, unless otherwise prohibited by law. This Agreement constitutes, together with all orders for free trial versions, the AUP and, where applicable, the Additional Terms and any other additional terms referred to in Section 3, the full and exclusive statement of the agreement between the Parties and supersedes all proposals, questionnaires and other communications and agreements between the Parties (orally or in writing) regarding the subject matter of this Agreement. All terms of any other instrument issued by the Customer under this Agreement, which do not conform to or derogate from them in addition to the terms of this Agreement, shall have no force or effect. In addition, this Agreement supersedes all confidentiality, confidentiality, evaluation or testing agreements previously entered into by the parties with respect to the evaluation of the Free Trial Services by the Customer or a Related Partner, or otherwise, with respect to the Free Trial Services. Except as otherwise provided in Section 26, this Agreement may only be amended by a written document duly executed by authorized representatives of the Parties. The failure of a party to exercise or enforce any condition, provision or provision of this Agreement shall not be deemed a waiver of that condition, provision or provision.

Any waiver by either party of any term, condition or provision of this Agreement shall not be construed as a waiver of any other condition, condition or provision. If any provision of this Agreement is held to be invalid or unenforceable, the remainder of the Agreement will remain in full force and effect. . . .

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