„License Key“ means a data file used by the software`s access control mechanism that allows you to use the software for the duration of the evaluation. 5.4. If Evaluator continues to use the Product beyond the Evaluation Period without Netgate`s prior written permission, Evaluator agrees that this Evaluation Agreement will automatically be converted into a one-year annual license agreement (which automatically terminates at the end of this one-year period, unless the parties agree otherwise in writing), requiring the evaluator to pay a netgate royalty, which is the amount corresponding to that date of use of the products by other licensees similar to Netgate for a license term of one (1) year. When this Evaluation Agreement is converted into a one-year annual license agreement (1), Netgate`s terms will prevail over the terms of this Evaluation Agreement in the event of any major conflict between Netgate`s terms and the evaluation terms. The parties agree that the conversion of the evaluation agreement into an annual license of one (1) is not a penalty, but a fair balance for estimating revenues and potential damages, based on the parties` experience in the software sector, given that it is naturally difficult to quantify the losses resulting from the continued unauthorized use of the product by the evaluator. The conditions of this section 5.4 also apply after the end or end of the evaluation period. An evaluation agreement, also known as a „pilot agreement“ or „test contract“, is an agreement between two or more parties (pages) in which the parties agree to test and evaluate a product of the service, usually for the purpose that a party purchases (or invests) the product or service if the results of the evaluation process are good. The use of the product or service is generally limited in time and scope. 18. Third Party Testing. In the event that the Evaluator wishes a third party to conduct some or all of the evaluations contained in this Agreement, the Evaluator shall obtain Netgate`s prior written consent and have such third parties perform an agreement with terms that substantially correspond to the terms set forth in these Evaluation Terms. The evaluator is responsible for the third party`s compliance with the provisions of these evaluation conditions.
„Software“ means the object code version(s) of one or more of our proprietary software applications that you may download for evaluation purposes. The Software includes all applicable documentation as well as any software updates that we provide to you or that you may access under this Agreement. coreOS, Inc. (CoreOS, „we“, „us“ or „us“) software has been designed to provide infrastructure for cluster deployments while focusing on automation, ease of application, security, reliability, and scalability. . . .