Broadsign Evaluation Agreement
The Terms and Conditions of the Broadsign Suite Evaluation Process Special Terms: Services Restrictions: The Customer agrees that the Services shall be subject to the restrictions set forth in the EULA and Broadsign Service Catalogue located in the client login area of its Web site located at clients.broadsign.com Termination: Broadsign reserves the right to terminate the evaluation at its discretion without notice Trademarks: The use of any broadsign-owned trademarks is prohibited. Use limitation: The use of the software under the Evaluation Process is limited to lab or internal use only. The Customer agrees that he or she shall not use the software in a production or customer environment, or for any other commercial purposes. Program: The Customer will receive the following items:
- 60-day evaluation period
- 3 Broadsign Player licenses
- 1 Broadsign Administrator license
- 1 GB of bandwidth per player license per month
- 1 GB of content storage on the Broadsign Server
- 2 hours of introductory training and product consulting
- Support (for software-related issues only)
Process:
- Upon signing the agreement, you will be contacted by a Broadsign representative who will explain the program and provide download instructions.
- Once qualified by the Broadsign representative, you will receive your login information (username and password) via the email address provided. This email will also redirect you to your free trial download. Download software.
- Use the Quick Start Guide to set up the players and familiarize yourself with the software.
- Contact solutions@broadsign.com to set up your training session provided under this Evaluation Agreement.
Assignment: The Customer may not assign this Agreement to a third party without the prior written consent of the Provider. This Agreement is not assignable or delegable in whole or in part without the written consent of the parties. This Agreement may not be amended, nor any obligation waived, except by writing and signed by duly authorized representatives of BROADSIGN and The Customer. Enforceability: The person who submitted the free trial form and clicked on ‘’ I agree to the terms of the Broadsign Evaluation Agreement “ represents that he is authorized and empowered to sign on behalf of, and bind, The Customer. Governing Law: This Agreement shall be governed and construed by the laws of the State of Delaware, without reference to conflict of law principles. Confidentiality: The Customer agrees and acknowledges that any of Broadsign’s invention, discovery, idea, process, patent, patent application, Trademark, industrial design, work of authorship, copyrightable document or object, development, concept, trade secret, or technical or commercial know-how, including, without limitation, any hardware, software, price lists, specifications, or technical data used by Broadsign or regarding the Software or the Services “Industrial Property” are the exclusive property of Broadsign or its affiliate(s). The Customer hereby assigns to Broadsign all its right, title, and interest in and to any works which The Customer creates that are derivative of the Industrial Property (the “Derivative Works”). Without additional charge, The Customer shall promptly deliver to Broadsign any and all such written instruments, including, without limitation, applications, specifications, oaths, assignments, and all other instruments that and promptly perform any and all such lawful other acts that Broadsign, in its sole discretion, shall deem necessary to apply for, register, otherwise formalize, obtain, assign, or convey to Broadsign, including its successors, affiliates, assigns, and designees, the sole and exclusive rights, title, and interest in and to such Derivative Works, including the provision of adequate written and electronic records regarding such property. The Customer shall not unreasonably delay or withhold its performance under this Section, and its duty to provide assistance to Broadsign under this Section shall survive the termination of this Agreement. In the event that, due to The Customer’s incapacity or for any other reason, including, without limitation, The Customer’s breach of this Agreement, Broadsign is unable to timely secure The Customer’s signature or writing for the purpose of enabling Broadsign to apply for, register, otherwise formalize, obtain, assign, or convey to Broadsign, including its successors, affiliates, assigns, and designees, the sole and exclusive rights, title, and interest in and to such industrial property, The Customer hereby irrevocably designates Broadsign, including its duly authorized officers and agents, as The Customer’s exclusive agent and attorney-in-fact, for the sole purpose being to act on and in The Customer’s behalf and stead, including on and in behalf of its heirs, successors, and affiliates, to execute and file any and all written instruments and perform all other lawful acts as Broadsign, in its sole discretion, deems necessary to apply for, register, otherwise formalize, obtain, assign, or convey to Broadsign, including its successors, affiliates, assigns, and designees, the sole and exclusive rights, title, and interest in and to such industrial property and such executions, filings, and performances shall have the same legal force and effect as if executed by The Customer.
