ZSO EVALUATION AGREEMENT
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY BEFORE USING THE ZERO SIGN ON TRIAL (“ZSO TRIAL”) (DEFINED BELOW). THE TERMS AND CONDITIONS OF THIS EVALUATION AGREEMENT FOR THE ZSO TRIAL GOVERN YOUR RIGHTS TO THE SAAS PRODUCTS (DEFINED BELOW) TO BE SUPPLIED BY MOBILEIRON, INC., HEREUNDER.
YOU MUST BE AN EMPLOYEE OF, OR CONTRACTOR OF, THE ENTITY IDENTIFIED IN THE FORM COMPLETED TO REGISTER FOR THE TRIAL, YOUR ACCEPTANCE OF THESE TERMS WILL BE DEEMED TO BE THE CONSENT AND AGREEMENT OF THAT ENTITY (the “TRIAL CUSTOMER”) TO THE TERMS OF THIS AGREEMENT AND YOU AND THE TRIAL CUSTOMER REPRESENT AND WARRANT THAT YOU HAVE AUTHORITY OR HAVE BEEN PROVIDED THE AUTHORITY TO BIND THE TRIAL CUSTOMER TO THE TERMS AND CONDITIONS OF THIS AGREEMENT.
MOBILEIRON, INC., A DELAWARE CORPORATION (“MOBILEIRON”) IS ONLY WILLING TO GRANT TRIAL CUSTOMER ACCESS TO THE SAAS PRODUCTS ONLY UPON THE CONDITION THAT TRIAL CUSTOMER ACCEPTS ALL THE TERMS CONTAINED HEREIN. BY CLICKING “ACCEPT” AND PROCEEDING WITH THE TRIAL THE TRIAL CUSTOMER ACCEPTS ALL OF THE TERMS OF THIS AGREEMENT. IF YOU OR TRIAL CUSTOMER DO NOT AGREE TO (OR CANNOT COMPLY WITH) ALL OF THE TERMS OF THIS AGREEMENT, THEN PLEASE CLICK “DECLINE” AND NEITHER YOU NOR THE CUSTOMER WILL BE AUTHORIZED TO ACCESS OR USE THE SAAS PRODUCTS AND SERVICES ASSOCIATED WITH THIS TRIAL.
IF YOU OR CUSTOMER ARE DEEMED TO HAVE ORDERED SAAS PRODUCTS OR SOFTWARE, MOBILEIRON’S ACCEPTANCE IS EXPRESSLY CONDITIONAL ON ASSENT TO THESE TERMS TO THE EXCLUSION OF ALL OTHER TERMS (SPECIFICALLY INCLUDING ANY NEW OR DIFFERENT TERMS CONTAINED IN CUSTOMER’S PURCHASE ORDER). IF THESE TERMS ARE CONSIDERED AN OFFER BY THE CUSTOMER, ACCEPTANCE IS EXPRESSLY LIMITED TO THESE TERMS. WRITTEN APPROVAL IS NOT A PREREQUISITE TO THE VALIDITY OR ENFORCEABILITY OF THIS AGREEMENT AND NO SOLICITATION OR ANY SUCH WRITTEN APPROVAL BY OR ON BEHALF OF MOBILEIRON SHALL BE CONSTRUED AS AN INFERENCE TO THE CONTRARY.
NOTWITHSTANDING ANYTHING ELSE STATED HEREIN, IF CUSTOMER AND MOBILEIRON HAVE EXECUTED A WRITTEN AGREEMENT FOR THE EVALUATION ACCESS TO OR USE OF THE SAAS PRODUCTS OR SOFTWARE (“SIGNED AGREEMENT”), THEN THE TERMS OF THE SIGNED AGREEMENT SHALL GOVERN AND CONTROL AND THIS AGREEMENT SHALL HAVE NO EFFECT.
This Evaluation Agreement for SaaS Products is entered into as of the earlier of the date that Customer accepts the terms herein or first accesses or uses any SaaS Product (the “Effective Date”).
MobileIron and Customer hereby agree as follows:
- Evaluation Period. MobileIron agrees to provide Trial Customer with access to the ZSO Trial for evaluation purposes for a period of fourteen (14) days. Any such evaluation period shall commence on the date that MobileIron delivers to Trial Customer all relevant access data (e.g., the URL and information necessary for Trial Customer to access and use the SaaS Product).