Trial Terms and Conditions:
1. These Trial Terms and Conditions are between you and Tata Communications (America) Inc. (“NetFoundry”/”us” / “We”) and apply to your limited and free access to NetFoundry’s services on a trial basis (“NetFoundry Trial Service(s)”) for a period of up to thirty (30) days from the date you sign up with us (“Trial Period”). By installing or using the Netfoundry Trial Service, you acknowledge that you have read, understood and agree to be bound by the following terms and conditions. For the purposes of these terms and conditions, Netfoundry Service(s) mean the services provided to you on this portal which enable you the ability to instantly spin up global, software-only, application-specific networks using web-based orchestration tools and application program interfaces.
2. This NetFoundry Trial Service is available for use of and by enterprises only and is not targeted at or available for individual consumers. You may use this NetFoundry Trial Services only once.
4. We, our affiliates or their respective authorized service providers may contact you at any time to convert your NetFoundry Trial Services into a paid service, a decision you will make at your sole discretion. If you elect to initiate paid service, you will need to agree to the terms and conditions associated with that service, which are different than these trial terms and conditions, including but not limited to the payment terms and functionality. If you do not elect for a paid service then NetFoundry may terminate or continue your trial of NetFoundry Trial Services, at its absolute discretion, at any time, subject to these terms and conditions. Any such continuous use shall be for the duration or extended period as is permitted by NetFoundry which may be revoked at any time by NetFoundry in its sole discretion.
5. We reserve the right, in our absolute discretion, to withdraw or to modify this NetFoundry Trial Service and/or these terms and conditions at any time without prior notice and with no liability. Upon expiry of the Trial Period or extended period, unless sooner terminated or suspended by us, your use or access to NetFoundry Trial Service shall come to an end. If you still wish you continue the NetFoundry services, please contact us at +1(855) 284-2007.
6. The NetFoundry Trial Service accessed by you and associated documentation along with any underlying intellectual property and proprietary rights are the sole and exclusive property of NetFoundry and/or its licensors. NetFoundry reserves all rights not expressly granted under these terms and conditions, including without limitation, all rights to derivative works of the products and services included in the services]. You will have no title to or ownership in the any portion of the Netfoundry Trial Service. You agree not to reverse engineer, disassemble, decompile or modify the services nor permit any third party to do so.
7. You acknowledge that the Service may contain proprietary trade secrets of NetFoundry or its suppliers and licensors and you hereby agree to maintain the confidentiality of the products, services, information and documents included in the NetFoundry Trial Service using at least as great a degree of care as you use to maintain the confidentiality of your own most confidential information. The customer feedback either provided orally or in writing including any copies thereof shall be considered as NetFoundry confidential information and would be subject to confidentiality provisions as set out in this clause. You agree that you shall not, at any time, disclose any information in connection with this NetFoundry Trial Service or the affairs of NetFoundry business or method of carrying on the business of NetFoundry without NetFoundry’s written consent.
8. The NetFoundry Trial Service, associated terms and confidential information are provided “AS IS”. To the maximum extent permitted by law, NetFoundry and its licensors expressly disclaim any warranties of any kind, whether statutory, express or implied including, without limitation, any warranties of merchantability, fitness for a particular purpose or non-infringement.
9. In no event shall NetFoundry be liable for the NetFoundry Trial Services’ performance and the aggregate liability of NetFoundry for any disputes or claims arising due to your use of the NetFoundry Trial Services, shall, in no event exceed an amount of USD $100. Further, NetFoundry or its suppliers or licensors shall not be liable hereby for any indirect, incidental, consequential, punitive, special or other similar damages, whether or not due to the fault or negligence of a party, and regardless of whether NetFoundry has been advised of the possibility of such damages or losses.
10. You agree that by using the NetFoundry Trial Services, you are not relying on any oral or written representation or statements made by NetFoundry or its representatives.
11. This arrangement shall be governed by and interpreted in accordance with the laws of New York, without giving effect to any principles of conflict of laws and the courts of New York shall have jurisdictions over matters arising out of your use of NetFoundry Trial Services.