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:

  1. SaaS Product.  For purposes of this Agreement, “SaaS Product” means one or more mobile enterprise applications that will be enabled by access hereunder to the zero sign on solution hosted by MobileIron and use of the Software related thereto. For purposes of this agreement “ZSO Trial” means the trial of the SaaS Product.  All terms not defined herein shall have the meaning set forth in MobileIron’s current applicable SaaS Product Terms of Use as defined below in Section 3.
  2. 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).
  3. Terms.  Trial Customer agrees to the terms and conditions of MobileIron’s current applicable terms of use for the SaaS Product located at http://www.mobileiron.com/en/legal (which terms are hereby incorporated by reference) (“SaaS Products Terms of Use”) which shall apply to the ZSO Trial and Trial Customer’s evaluation of the SaaS Product, except for the following different or additional terms which shall apply (notwithstanding any contrary term specified in any other section of this Agreement) to the evaluation of the SaaS Product: (i) the right to access and use evaluation versions of the SaaS Product is limited to the evaluation term permitted by MobileIron (or its Authorized Reseller, as applicable) and only for the limited purpose of evaluating such SaaS Product and establishing Trial Customer’s desire to purchase subscriptions to such SaaS Product; and (ii) Trial Customer represents that it is a bona fide potential customer of such SaaS Product that is evaluating whether to purchase and/or license such SaaS Product for deployment in its own business and not for competitive or other purposes; (iii) the evaluation access and use is provided “AS IS” without any warranty of any kind; and (iv) Trial Customer shall not be entitled to any service level commitments or any support or maintenance services, including any Support and Maintenance Services, for the evaluation access of the SaaS Product; (v) MobileIron disclaims all warranties, indemnities, obligations, and other liabilities in connection with any evaluation access or use of the SaaS Product; (vi) MobileIron (or its Authorized Reseller) may terminate the evaluation access upon at least five (5) days prior written notice to Trial Customer and require Trial Customer to promptly return any evaluation copies of the Software (as applicable) and remove all copies of such Software (as applicable) from its systems and devices unless Trial Customer has purchased a subscription to the SaaS Product prior to such termination; (vii) within ten (10) days following written request of MobileIron, Trial Customer shall have an authorized representative certify that Trial Customer has so returned and removed all such Software (as applicable); and (viii) Trial Customer shall accept the terms of use of any third-party applications that may be accessed as part of the ZSO Trial. Unless otherwise agreed in writing, if and when Trial Customer purchases a subscription to the SaaS Product, Trial Customer hereby agrees to the then-current SaaS Products Terms of Use.