Evaluation Agreement Means

This evaluation agreement is an evaluation software licensing agreement between you (the person and entity for which you operate, and your successors and approved beneficiaries) and Pivotal (a) Pivotal Software, Inc., if you are in the United States; b) the local pivotal sales subsidiary if you reside in a country outside the United States where you have a local sale; or (c) Pivotal Software International, if you are in a country outside the United States where Pivotal does not have a local distribution subsidiary (at least called ”pivotal”). In the event that you have purchased evaluation software from Pivotal (or its distributor), you agree that these conditions will apply for the purposes of providing through the service offer, regardless of other signed or accepted licensing conditions that have been previously agreed. The ”PML service” refers to CoreOS` Linux Premium service. The PML service contains a license for an object code version of the CoreUpdate software application™ owner of CoreUpdate, which will be granted to you as software under this agreement and can only be used as part of your evaluation of the PML service. 11.2 Restrictions on use and disclosure. You will not use our confidential information unless this Agreement allows it. You agree to keep our confidential confidential information confidential and protect it with at least the same degree of diligence that you use for your own information of the same nature, but at least an appropriate degree of care in all cases. You agree to take all reasonable steps to prevent the unauthorized disclosure of our confidential information, including, but not only, the disclosure of confidential information only to your employees, independent contractors, consultants and legal and financial advisors (together ”representative”) (i) with the need to know this information, (ii) parties to appropriate agreements that are sufficient to comply with this section 11 , and (iii) the confidentiality obligations imposed by this section. You are responsible for all the actions and omissions of your representatives. The above obligations do not prevent you from disclosing our confidential information in accordance with the order or application of a jurisdiction, administrative authority or other government authority, provided that you give us an appropriate notification so that we can challenge this injunction or request. The restrictions in this section 11 also apply after the end or expiry of this agreement. 13.8 No other conditions.

This agreement is the only agreement between us, and the terms and conditions of any order, written conditions or any other document you provide to us contain conditions different from those of other conditions, contrary to or in addition to the terms of this Agreement, are hereafter refused by CoreOS and are invalid and ineffective. Many of my clients ask me why they can`t close the deal with a handshake, and even though the days when multi-million dollar agreements were reached, unfortunately, times have changed. Today, people are quick to complain or turn to legal solutions, and the business etiquette of the past is simply not the same. Imagine that the software installed from start-up accidentally deletes important information from your client`s database or that your client`s files may be corrupted by a hacker. Or maybe your software will knock down your client`s website for a few hours, causing considerable financial damage. To protect yourself and your business, you need an evaluation agreement. If you are the start-up, you also want to prevent your client from stealing the implementation and methods behind your idea. Well, even if it`s rare, this can happen (look at this short trailer, it`s based on a true story) 11.1 Definition of confidential information.

For the purposes of this agreement, ”confidential information” means all of our business or technical information that we provide to you or provide to you as part of this agreement:

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