“Confidential Information” means all confidential information disclosed by a party to the other party, whether orally or in writing that is designated as confidential or that reasonably should be understood to be confidential given the nature of the information and the circumstances of disclosure, including but not limited to all code, inventions, know-how, business, technical and financial information disclosed to such party.
“Customer” means the customer identified on the Free Trial Form.
“Customer Data” means any data, content, code, video, images or other materials of any type that Customer uploads, submits or otherwise transmits to or through the Services.
“Free Trial Form” means the QASymphony online form for creating a free trial for the applicable QASymphony Products.
“Products” means the QASymphony products identified on the Free Trial Form which are made available to Customer as a Service or as Software.
“QASymphony” means QASymphony, Inc., a Delaware corporation.
“QASymphony Technology” means the Products, their “look and feel”, any and all related or underlying technology, and any modifications or derivative works of the foregoing created by or for QASymphony.
“Services” means QASymphony products that are provided to Customer as a cloud based software as a service.
“Software” means QASymphony products that are provided to Customer as commercially available on-premise or downloadable software applications, software development kits (SDKs), and/or application programming interfaces (APIs).
“Limited Term” means the term during which QASymphony permits Customer to use the Products on a free trial basis as set forth in the Free Trial Form.
“Users” means the individuals who are authorized by Customer to use the Products on a free trial basis pursuant to the Free Trial Form, and who have registered for user identifications and passwords. Users may include but are not limited to Customer’s employees, consultants, contractors and agents of Customer.
2.2 Delivery. QASymphony shall deliver the applicable license keys (in the case of Software) or login instructions (in the case of Services) to the email addresses specified in the Free Trial Form. All deliveries will be electronic. Customer is responsible for installation of any downloadable Software.
2.3 No Support. QASymphony has no obligation to provide support for the Products, Services or Software during the Limited Term. Customer has no rights to any updates, upgrades or extensions or enhancements to the Products, Services, or Software during the Limited Term.
3.2 Limits on Use. Customer and its Users may use the Products solely for its internal evaluation purposes and within the limits set forth in the Free Trial Form, which may include limits on the number and or types of Users or licenses, limits on storage capacity, or other restrictions on the scope of use.
3.4 Credentials. Customer shall ensure that all Users keep their user IDs and passwords for the Products strictly confidential and not share such information with any unauthorized persons. User IDs are granted to individual, named persons by QASymphony and may not be shared. Customer is responsible for any and all actions taken through use of Customer accounts and passwords. Customer agrees to notify QASymphony immediately if Customer becomes aware of any unauthorized use of the Products.
7.1 Security. Customer acknowledges that use of the Services necessarily involves transmission of Customer Data over networks that are not owned, operated or controlled by QASymphony, and QASymphony is not responsible for any Customer Data lost, altered, intercepted or stored across such networks. QASymphony cannot guarantee that its security procedures will be error-free, that transmissions of Customer Data will always be secure or that unauthorized third parties will never be able to defeat QASymphony security measures or those of QASymphony’s third-party hosting providers. QASymphony assumes no responsibility or liability for Customer Data. Customer is solely responsible for maintaining the security of its network and computer systems.
7.2 No Backup. QASymphony does not back up any Customer Data as part of the free trial.
8.3 End of Trial Period. Upon expiration of the Limited Term or earlier termination of Customer’s use of the Products, Customer and its Users shall no longer have any right to use or access any Products, Software, or Services, or any information or materials provided by QASymphony in connection with the Products, including QASymphony Confidential Information.
8.4 Conversion to Paid Subscription. If Customer would like to use the Product, Software, or Service after the Limited Term, provided that QASymphony has made the Product, Software, or Service commercially available, Customer must purchase such Product, Software, or Service from QASymphony under a separate contract. QASymphony does not promise that Customers’ use of purchased Products, Services, or Software will be the same or perform the same as was experienced during a free trial of Products, Services, or Software.
8.5 Deletion at End of Limited Term. QASymphony may delete Customer Data from QASymphony’s system sixty (60) days after the termination of the Limited Term.