The terms of use of CSM are embedded in the online CSM registration process FREE EVALUATION NOTICE This notice contains Cluster Seven's Evaluation Terms and Conditions ("Evaluation Terms") by and between Cluster Seven Services Limited, whose registered office is at 27-32 Old Jewry, 1st Floor, London, EC2R 8DQ (“ClusterSeven, We, Us, Our"), and evaluation customer (“You, Your”), and governs Your use of Our Services for evaluation purposes (”Evaluation Services”). It is effective between You and Us as of the date of You commencing use of, or registration for, Our Services (the "Effective Date"). If You do not agree to these terms of use, You must not use Our Services, register or continue with the free evaluation. “Services” means the product(s) and/or services that are made available by Us to You and exclude non-ClusterSeven products or services. 1. Registration and period. If You register on Our website or otherwise for free Evaluation Services, We will make the requested Services available to You on an evaluation basis free of charge until the earlier of (a) four (4) weeks after You are registered to use the applicable Evaluation Service(s), or (b) the start date of any paid-for subscriptions or licenses, or (c) termination by us in our sole discretion. Your registration for the Evaluation Services indicates acceptance of these Evaluation Terms. Additional evaluation terms and conditions may appear on the evaluation registration web page. Any such additional terms and conditions are incorporated into these terms by reference and are legally binding. 2. Confidentiality. The Evaluation Terms do not replace any previously agreed non-disclosure agreement or confidentiality agreement (“NDA”) between ClusterSeven and You, which will remain in full force and effect. In the event of any conflict between an NDA and the Evaluation Terms, the terms of the NDA will prevail. You agree that the details of, and any materials provided in relation to, the Evaluation Services (including for example training materials, descriptions and background information) are a valuable trade secret (”Information”) of ClusterSeven, and You must keep this Information confidential and only to use it for the purposes of Your evaluation. In particular You agree: - a. To respect and preserve the confidentiality of the Information for a period of ten (10) years after the date of disclosure, unless the Information is in the public domain without any unlawful disclosure by You. This means that You will not, without getting Our prior written consent; (i) make any part of the Information available to any third party; or (ii) use the Evaluation Services or the Information for any purpose other than the evaluation; or (iii) take a copy of any part of the Evaluation Services or the Information unless strictly necessary to carry out the evaluation. b. You may disclose all or part of the Information to any of Your employees who need to know the Information in connection with the evaluation. However, You will ensure that the employee in question is bound by conditions of confidentiality no less strict than those set out in these Evaluation Terms, and enforce such undertakings. c. If You decide not to purchase a subscription or license, you must delete and/or destroy all log-ins, passwords or other information relating the Evaluation Services and, if requested by us certify to us that you have done so. d. The Information and Services are proprietary to ClusterSeven, and you acknowledge that that disclosure of the Services or Information by us does not give you any intellectual property rights of any kind in relation to the Information or the Services. 3. DATA. ANY DATA YOU ENTER INTO THE SERVICES DURING YOUR FREE EVALUATION WILL BE PERMANENTLY LOST. YOU AGREE THAT YOU HAVE SOLE RESPONSIBILITY FOR THE PROTECTION OF YOUR DATA DURING THE FREE EVALUATION AND EVALUATION OF THE SERVICES AND THAT WE SHALL HAVE NO LIABILITY IN ANY CIRCUMSTANCES WHATEVER INCLUDING WITHOUT LIMITATION NEGLIGENCE FOR ANY DATA LOSS OR CORRUPTION. 4. WARRANTY AND LIMITATION OF LIABILITY. DURING THE EVALUATION THE SERVICES ARE PROVIDED “AS-IS”. YOU AGREE THAT, AS YOU ARE USING THE SERVICES ON A FREE EVALUATION BASIS FOR EVALUATION PURPOSES, IT IS REASONABLE THAT CLUSTERSEVEN SHALL HAVE NO LIABILITY OF ANY KIND FOR ANY HARM OR DAMAGE ARISING OUT OF OR IN CONNECTION WITH ANY OF OUR SERVICES USED BY YOU DURING OR AS A CONSEQUENCE OF A FREE EVALUATION IN ANY CIRCUMSTANCES WHATEVER INCLUDING WITHOUT LIMITATION NEGLIGENCE (EXCEPT FOR DEATH AND PERSONAL INJURY CAUSED BY OUR NEGLIGENCE) TO YOU IN RESPECT OF THE SERVICES OR THE INFORMATION AND THAT WE GIVE NO WARRANTY OF ANY KIND RESPECTING THE PROGRAM OR THE INFORMATION. FOR THE SAME REASONS, ALL STATUTORY AND IMPLIED WARRANTIES, TERMS AND CONDITIONS ARE EXCLUDED TO THE FULL EXTENT ALLOWED BY LAW. 5. General. You may not assign or otherwise transfer, by operation of law or otherwise, any of Your rights under these Evaluation Terms without Our prior written consent. Within five (5) days of the completion of any proof of concept or other such evaluation, You shall conduct a comprehensive debrief with Us which shall include a full and complete assessment of the Services and the status of any pending or contemplated subscription or license transaction. These Evaluation Terms constitute the entire agreement between the parties with respect to the evaluation of the Services and shall be construed in accordance with the laws of England and Wales. Jurisdiction and venue shall be in English Courts. The waiver or failure of a party to exercise in any respect any rights provided for in these Evaluation Terms shall not be deemed a waiver of any further right under these Evaluation Terms. If any provision of these Evaluation Terms is declared by a court of competent jurisdiction to be invalid, illegal or unenforceable, such provision shall be severed from these Evaluation Terms and the other provisions shall remain in full force and effect.