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Terms and Conditions The following terms are given in consideration of the test drive of OneGate Server(s)
- Test Drive Partner will be participating in the OneGate Server "Test drive - try before you buy"
program. The purpose of the Test Drive Program is to demonstrate the OneGate Server to qualified end users who intend to purchase the server at the end of the test drive period. To that end, FreeGate grants to Test Drive Partner a personal, nonsublicensable, nonexclusive license (in accordance with the FreeGate End User Agreement) to use the Equipment only for the purpose of internal testing during the Test Drive program. As such:
- Offer valid in the U.S. only.
FreeGate agrees to:
- Provide the OneGate server(s) and options listed on the attached Purchase Order form for a period of 60 days.
- Provide specialized technical support,
(888) 577-4283(
testdrive@freegate.com), for the duration of the test drive program.
Extend FreeGate's standard warranty on any product purchased.
Test Drive Partner agrees to:
Pay for shipping and any onsite services if requested of the OneGate server(s).
Install and configure the OneGate server(s) 30 days of the Test Drive Agreement.
Accept responsibility for monthly ISP service and line charges.
Allocate a minimum of 4 hours
per week to evaluate the OneGate server(s) and test a minimum of Internet Access, Intranet Mail, and Intranet Web hosting for the entire period.
Return or pay for the Test Drive product(s) within 10 days of end of the Test Drive program.
If the server(s) are not returned at the end of the test drive period, Test Drive partner agrees to pay 10% of list price on the attached Purchase Order form monthly rental fees
until, pro-rated on a daily basis until the unit is received by FreeGate at the above location.
2) FreeGate and its licensors retain all title and rights to the Equipment, all copies, improvements, modifications and derivative works
thereof, related documentation and materials, and all of their service marks, trademarks, tradenames or any other designations and Test Drive Partner may not use any of the foregoing except as expressly provided
herein. As such, Test Drive Partner shall not remove the Equipment from the premise, shall not sell, pledge, or otherwise dispose of or encumber, or allow any lien to be attached to, the Equipment.3)
FREEGATE MAKES NO WARRANTY, EXPRESS OR IMPLIED, (INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT) WITH RESPECT TO THE EQUIPMENT OR THE DELIVERY,
INSTALLATION, USE, REPAIR, MAINTENANCE OR PERFORMANCE THEREOF AND FREEGATE HAS NOT AUTHORIZED ANYONE TO MAKE ANY REPRESENTATION OR WARRANTY OF ANY KIND. TEST DRIVE PARTNER ACKNOWLEDGES THAT THE EQUIPMENT IS
EXPERIMENTAL AND INCLUDES BUGS AND OTHER ERRORS. IN NO EVENT SHALL FREEGATE BE LIABLE, WHETHER UNDER CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER TORT THEORY, FOR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES, LOST
PROFITS, OR LOST DATA, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR ANY INDIRECT DAMAGES EVEN IF FREEGATE HAS BEEN INFORMED OF THE POSSIBILITY THEREOF . Back to Test Drive Page |