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FREE TRIAL TERMS OF USE

We want you to try RAP with as little hassle as possible - but there are some things we need you to agree to before you use our software.

  1. Definitions

    1. “Customer” means the relevant customer set out in the corresponding Order;

    2. “Charges” means the charges and fees payable by the Customer as set out in the Order;

    3. “Data” means data provided by the Customer to use the Services;

    4. “Free Trial Period” means the period of 30 days following the provision of the software to the customer

    5. “Order” means the ordering document signed by the parties that accompanies and incorporates this Agreement;

    6. “Professional Services” means the services described as such in the Order;

    7. “Program” means the software products owned or distributed by Viral Apps which Viral Apps grants the Customer access as part of the services, including program documentation and any program updates provided as part of the services;

    8. “Services” means the right to use Viral Apps Programs, support services for such Viral Apps Programs as well as any other services provided by Viral Apps, and any Professional Services, as defined in the Order;

    9. “Term” means the term of the Agreement as set out in this agreement;

    10. “Users” means those individuals authorised by you or on your behalf to use the Services. 

  2. Rights Granted

    1. In consideration of the Request by the customer for a free trial and until termination of the Agreement, Viral Apps grants the Customer a nonexclusive, non assignable limited right to use the Services solely for the Permitted Use and subject to the terms of the Agreement. 

    2. The Customer shall not store, distribute or transmit any material or Data through the hosting services that is unlawful, harmful, threatening, defamatory, obscene, facilitates illegal activity, promotes unlawful violence, discrimination or any other illegal activities. 

    3. The Customer shall not attempt to duplicate, modify or distribute any portion of the Program, attempt to reverse compile, reverse engineer, disassemble or other reduce any of the Program except as may be permitted by any applicable law.

  3. Hosting Services, Maintenance and Support

    1. If support services are required, Viral Apps shall perform such support services. It shall engage its hosting services provider to assist in the provision of these support services where necessary. 

    2. The Customer shall comply with the hosting service providers Acceptable Use Policy in accordance with www.windowsazure.com/en-us/support/legal . 

  4. Customer Data

    1. The Customer retains all right, title and interest in the Data you use and update in RAP. Viral Apps and its hosting services provider shall use the Data only to provide the Services and the Customer grants Viral Apps the right to use and reproduce the Data solely for the provision of the Services and the hosting of the Services. 

    2. Viral Apps hosting services provider shall treat any Data in accordance with its privacy statement a copy of which is set out at www.windowsazure.com/en-us/legal/privacystatement . Data may be transferred to, stored and processed in any country which Viral Apps hosting services providers have facilities.

    3. Viral Apps are providing the customer with a free to use trial instance of RAP, and as such the data you use to enter, update and use within RAP for this trial should not be used for commercial purposes.  Viral Apps will not be responsible for any loss of data however caused and following confirmation that the trial has ended, the data will be deleted. A copy of the data can be requested writing before the trial ends.

    4. The legitimacy and correctness of the Data stored is the sole responsibility of the Customer and Viral Apps shall not be responsible for any loss, destruction, alteration or disclosure of Data caused by the Customer or any third party given access by the Customer. 

  5. Charges and Payment

    1. ​There shall be no charges for the use of the software during the Free Trial Period.

    2. In the event the customer wishes to extend the use of the service, the customer and Viral Apps will agree a further contract agreement and separate terms of use.

  6. Warranties

    1. Viral Apps undertakes that the Services will be performed with all reasonable skill and care by appropriately experienced, qualified and trained professional personnel to a good industry standard and in accordance with its own established procedures. Viral Apps does not warrant that the Customers use of the Services will be uninterrupted or error-free and expressly excludes all other warranties whether express, implied statutory or otherwise including warranties of merchantability or fitness for a particular purpose.

  7. Customer’s Responsibilities

    1. ​The Customer will provide Viral Apps with such information as it may reasonably need concerning the Customer’s operations and answers to queries, decisions, and approvals which may be necessary for Viral Apps to provide the Services.  The Customer is responsible for ensuring that such information and answers are accurate and complete.

  8. Proprietary Rights

    1. The Customer acknowledges and agrees that title, copyright and all other intellectual property rights in the Programs and the Services and all modifications and additions thereof shall vest in and remain the property of Viral Apps. This Agreement does not grant the Customer any rights in any patents, copyrights, database rights, trade secrets, trade names, trademarks or any other rights or licences in respect of the Services, Programs and any related documentation. 

    2. Viral Apps confirms that it has all the rights in relation to the Programs that are necessary to grant all the rights it purports to grant under and in accordance with the terms of this Agreement. 

  9. Term & Termination

    1. This Agreement shall be effective from the date hereof and shall continue for 30 days. Viral Apps may terminate the Agreement immediately if it deems necessary.

    2. Viral Apps may suspend the Customer’s use of the Services if reasonably needed to prevent unauthorised access to Data or if the Customer does not pay amounts due under this Agreement. Viral Apps shall give notice to the Customer prior to any suspension. 

  10. Limitation of Liability

    1. To the extent permitted by applicable law in no event shall Viral Apps be liable for any loss of profits, loss of business, loss of data, cost of substituted goods/services or wasted managed or other staff time or any direct, indirect, incidental, consequential, special or other damages resulting from or in connection with this Agreement, whether in an action based on contract or tort, including negligence or strict liability. 

    2. Save for any liability which cannot be excluded or limited by law, Viral Apps total aggregate liability to the Customer under this Agreement is limited to direct damages up to the amount paid under this Agreement for the Services giving rise to that liability during 12 months before the liability arose. 

  11. Transfer

    1. The Customer may not assign or otherwise transfer any of the rights or obligations arising out of this Agreement.

  12. No Third Party Rights

    1. Nothing in this Agreement shall confer, nor is it intended to confer, any enforceable right on any third party including any End User of the Integrated Products under the Contracts (Rights of Third Parties) Act 1999 except as otherwise expressly so stated. 

  13. Publicity

    1. Viral Apps shall not be permitted to disclose the existence of this Agreement in any communications, releases, public statements or disclosures without the prior written consent of the Customer. 

  14. Confidentiality

    1. Each party acknowledge the importance of the others party’s confidential information and shall not disclose any information marked confidential without the prior written consent of the other party. 

  15. Applicable Law and General Provisions

    1. This Agreement shall be subject to laws of England and Wales and the Parties agree to submit to the exclusive jurisdiction of English and Welsh courts. Viral Apps shall be entitled to bring an action in any jurisdiction where this relates to the protection of its intellectual property rights or other rights.