Terms and conditions for evaluation licence (Free Trial)
The following terms and conditions apply to free trials of the Matrix Booking service (“the System”) provided by Keytree Limited (“Keytree”):
1. Grant of Trial Licence. Keytree hereby grants you a personal, non-transferable, non-exclusive, royalty-free licence (the “Trial Licence”) to access and use the System during the Trial Period stated in Clause 2 below, solely for the purposes of evaluating the System for use in your business, and subject to the other terms and conditions set out below. During the Trial Period, you may make such use of the System as you reasonably require in order to evaluate it for future use in your business, but not for any other purpose.
2. Trial Period. The free Trial Licence shall last for a period of 14 days only (the “Trial Period”).
3. Consequences of expiry. On expiry of the Trial Period, access to the System will no longer be possible. You acknowledge and agree that the System will, or may, automatically “time out” (i.e. cease to operate) at that time, if you have not entered into a formal contract with Keytree for the Matrix Booking service (the “Matrix Booking Agreement”).
4. Termination. This licence may be terminated during the Trial Period:
a. by Keytree giving written notice, with immediate effect, if you are in breach of any of your obligations set out in these terms and conditions;
b. by you giving 7 days’ written notice; or
c. automatically, upon Keytree and you entering into a Matrix Booking Agreement.
5. Consequences of termination. If this Trial Licence expires or terminates without you having entered into a Matrix Booking Agreement, then:
a. you must within 2 working days return to Keytree all copies of all or part of the System that you have on any tangible medium, together with any documents containing any item of Keytree’s proprietary information;
b. you must within 2 working days completely delete all electronic copies of all or any part of the System and/or Keytree’s proprietary information; and
c. Keytree will remove from the Matrix Booking system all data that you have entered during the Trial Period.
7. Intellectual property rights. Keytree owns all intellectual property rights in the System and all related documentation. Nothing in these terms and conditions confers on you any intellectual property or other rights in relation to the System or the documentation, other than the right to use it under Clause 1. If a third party notifies you of any claim that the use of the System infringes its rights, you must immediately notify Keytree, and must if so requested by Keytree immediately cease use of the System.
8. Liability. Save for death and personal injury caused by Keytree’s negligence, Keytree shall have no liability of any kind in any circumstances whatever to you in respect of the System. In particular, Keytree shall have no liability in any circumstances whatever for any data loss or corruption, and you acknowledge and agree that you have sole responsibility for protecting your data during evaluation of the System.
9. Upgrading to Matrix Booking Agreement. You can confirm that you wish to enter into a Matrix Booking Agreement by emailing email@example.com at any time before the end of the Trial Period.
10. Reminders. Reminders will be sent to the registered user at various points during the Trial Period in order to assist in using the System, and to remind you when the Trial Period will end – these reminders may be in the form of emails or ‘in app’ messages.
11. One Trial Licence per company. Only one Trial Period per company is allowed, and further attempts to set up a Trial Licence will be rejected by Keytree.
12. No warranties. Except as expressly stated in these terms, no representations. conditions, warranties or other terms of any kind are given in respect of the System, and all statutory warranties and conditions are excluded to the fullest extent possible.
13. Variations. Keytree reserves the right (a) to change the System or any of the terms and conditions applicable to the Trial Licence, and (b) to deny, cancel or remove the Matrix Booking system, in each case at any time and for any reason. Any such changes will be announced on the Matrix Booking website. Failure to receive specific notification of a change does not make those changes invalid.
14. Governing law. These terms and conditions and any dispute or claim arising out of or in connection with them or their subject-matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales.