BOX.NET’S TRIAL AGREEMENT
THIS TRIAL AGREEMENT (THIS “AGREEMENT”) IS BETWEEN YOU AND BOX.NET, INC. (“WE,” “US,” “OUR,” OR “BOX.NET”) AND PERTAINS TO YOUR USE OF THE SERVICES PROVIDED BY BOX.NET (“SERVICES”).  IF YOU ARE A COMPANY, THE INDIVIDUAL ENTERING INTO THIS AGREEMENT ON BEHALF OF YOU REPRESENTS THAT SUCH INDIVIDUAL IS YOUR EMPLOYEE OR AGENT AND HAS THE AUTHORITY TO ENTER INTO THIS AGREEMENT ON BEHALF OF YOU.  BY CLICKING ON THE “ACCEPT” BUTTON BELOW, YOU ACKNOWLEDGE THAT YOU HAVE READ ALL OF THE TERMS AND CONDITIONS SET FORTH BELOW, UNDERSTAND ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT, AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT AND YOU HAVE SUBMITTED ALL OF YOUR USER INFORMATION (AS DEFINED BELOW).  YOU REPRESENT AND WARRANT THAT YOU ARE AUTHORIZED TO USE AND HAVE THE MONTHLY SERVICES FEES CHARGED TO THE CREDIT CARD NUMBER OR DEBIT CARD NUMBER YOU HAVE PROVIDED TO US.  IF YOU DO NOT AGREE TO ANY OF THE TERMS AND CONDITIONS OF THIS AGREEMENT AND/OR YOU HAVE FAILED TO SUBMIT ALL OF YOUR USER INFORMATION, WE ARE UNWILLING TO PROVIDE THE SERVICES TO YOU, AND YOU MUST CLICK ON THE “DO NOT ACCEPT” BUTTON BELOW.  THE “EFFECTIVE DATE” OF THIS AGREEMENT IS THE DATE UPON WHICH YOU CLICK THE “ACCEPT” BUTTON BELOW.  FOR THE PURPOSE OF THIS AGREEMENT, “USER INFORMATION” REFERS TO: (A) YOUR NAME; (B) YOUR CREDIT CARD / DEBIT CARD INFORMATION; (C) YOUR EMAIL ADDRESS; (D) YOUR TELEPHONE NUMBER; AND (E) THE NUMBER OF USERS THAT WILL USE THE SERVICES DURING THE TRIAL PERIOD (AS DEFINED BELOW).

 

TRIAL
We grants to you a nonexclusive, nontransferable, nonsublicensable, revocable and limited license to access and use the Services solely for your internal evaluation for a period of fourteen (14) days commencing upon the Effective Date (the “Trial Period”).

 

PRIVACY POLICY AND TERMS OF USE
This Agreement incorporates the terms and conditions of Box.net’s privacy policy Privacy Policy and Box.net’s terms of service Terms of Service. By clicking on the “Accept” button below and/or using the Services, you signify your acknowledgment of, and agreement to, the Privacy Policy and Terms of Service.

 

INTRODUCTION AND SHAREPOINT TRIAL EMAIL
After you click on the “Accept” button below, you will receive an email from us telling you about the Services and the SharePoint trial (the “Introduction and SharePoint Trial Email”).

 

YOUR BOX.NET TRIAL OBLIGATIONS
During the Trial Period, you must: (a) login into the Box.net website three (3) times; (b) upload one (1) file; (c) share one (1) file with someone in your organization; (d) share one (1) file with someone not in your organization; and (e) set upon one (1) folder for collaboration (collectively, the “User Obligations”).

 

CANCELLATION
Unless earlier terminated/canceled as set forth herein, this Agreement is effective during the Trial Period.  Either party may immediately terminate/cancel this Agreement, for cause or no cause. 
In the event that neither party terminates/cancels this Agreement during the Trial Period, this Agreement will terminate at the end of the Trial Period and you will automatically be charged, on a monthly or annual basis (depending on which payment period you select) and in advance, our then-current monthly or annual services fee (“Services Fees”), as outlined in the Box.net Enterprise License Agreement <http://box.net/static/html/enterprise_terms_2009.html> (“License Agreement”).  Your use of the Services after the conclusion of the Trial Period will be governed by the License Agreement, Privacy Policy, and Terms of Service. You may terminate the License Agreement subject to the terms and conditions outlined therein,
In the event that either party terminates/cancels this Agreement during the Trial Period, your use of the Services will immediately cease; provided, however, that, if you terminate/cancel this Agreement during the Trial Period, you may obtain the SharePoint trial (so long as you have fulfilled all of the User Obligations).

 

INITIAL SHAREPOINT TRIAL TERMS
The SharePoint trial is available to you if: (a) you cancel this Agreement during the Trial Period; (b) you fulfill the requirements set forth in the Introduction and SharePoint Trial Email; and (c) you fulfill the requirements set forth on SharePoint’s website (a link to SharePoint’s website will be provided in the Introduction and SharePoint Trial Email).
Please note that: (a) you may try the SharePoint trial once; and (b) the SharePoint trial is limited to five (5) users, c) you are not currently a Microsoft employee, independent contractor or consultant doing business with Microsoft, or a reseller or integrator of Microsoft’s products or service.

 

WARRANTY DISCLAIMER
THE SERVICES ARE PROVIDED ON AN “AS IS” OR “AS AVAILABLE” BASIS WITHOUT ANY REPRESENTATIONS, WARRANTIES, COVENANTS OR CONDITIONS OF ANY KIND. BOX.NET AND ITS SUPPLIERS DO NOT WARRANT THAT ANY OF THE SERVICES WILL BE FREE FROM ALL BUGS, ERRORS, OR OMISSIONS.  BOX.NET AND ITS SUPPLIERS DISCLAIM ANY AND ALL OTHER WARRANTIES AND REPRESENTATIONS (EXPRESS OR IMPLIED, ORAL OR WRITTEN) WITH RESPECT TO THE SERVICES WHETHER ALLEGED TO ARISE BY OPERATION OF LAW, BY REASON OF CUSTOM OR USAGE IN THE TRADE, BY COURSE OF DEALING OR OTHERWISE, INCLUDING ANY AND ALL (A) WARRANTIES OF MERCHANTABILITY, (B) WARRANTIES OF FITNESS OR SUITABILITY FOR ANY PURPOSE (WHETHER OR NOT BOX.NET KNOWS, HAS REASON TO KNOW, HAS BEEN ADVISED, OR IS OTHERWISE AWARE OF ANY SUCH PURPOSE), AND (C) WARRANTIES OF NONINFRINGEMENT OR CONDITION OF TITLE.  NOTWITHSTANDING ANY TERMS TO THE CONTRARY IN THIS AGREEMENT, BOX.NET DISCLAIMS AND MAKES NO REPRESENTATIONS, WARRANTIES, COVENANTS OR CONDITIONS WITH RESPECT TO SHAREPOINT OR ANY PRODUCTS OR SERVICES PROVIDED BY SHAREPOINT AND ASSUMES NO LIABILITY FOR ANY CLAIM THAT MAY ARISE WITH RESPECT TO SHAREPOINT OR ANY PRODUCTS OR SERVICES PROVIDED BY SHAREPOINT.  YOU ACKNOWLEDGE AND AGREE THAT YOU HAVE RELIED ON NO WARRANTIES.
LIMITATION OF LIABILITY
EXCEPT FOR ANY ACTS OF FRAUD, GROSS NEGLIGENCE, OR WILLFUL MISCONDUCT, IN NO EVENT WILL BOX.NET BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOSS OF PROFITS, LOSS OF USE, LOSS OF REVENUE, LOSS OF GOODWILL, ANY INTERRUPTION OF BUSINESS, OR FOR ANY INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, THE SERVICES, SHAREPOINT OR ANY PRODUCTS OR SERVICES PROVIDED BY SHAREPOINT, REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF BOX.NET HAS BEEN ADVISED OR IS OTHERWISE AWARE OF THE POSSIBILITY OF SUCH DAMAGES.  EXCEPT FOR ANY ACTS OF FRAUD, GROSS NEGLIGENCE, OR WILLFUL MISCONDUCT, IN NO EVENT will BOX.NET’s TOTAL LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT, THE SERVICES, SHAREPOINT OR ANY PRODUCTS OR SERVICES PROVIDED BY SHAREPOINT EXCEED THE aggregate of the amounts paid or payable by YOU to BOX.NET, if any, UNDER THIS AGREEMENT. MULTIPLE CLAIMS WILL NOT EXPAND THIS LIMITATION.

 

MISCELLANEOUS
This Agreement (including the Box.net Terms of Service and the Box.net Privacy Policy) is the entire agreement of the parties regarding the subject matter hereof, superseding all other agreements between them, whether oral or written, regarding the subject matter hereof.  This Agreement will be governed by and construed in accordance with the laws of the State of California applicable to agreements made and to be entirely performed within the State of California, without resort to its conflict of law provisions.  The parties agree that any action at law or in equity arising out of or relating to this Agreement will be filed only in the state and federal courts located in Santa Clara County, California.  The parties hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts over any suit, action or proceeding arising out of this Agreement.  Neither this Agreement nor any right or duty under this Agreement may be transferred, assigned or delegated by you, by operation of law or otherwise, without the prior written consent of Box.net, and any attempted transfer, assignment or delegation without such consent will be void and without effect.  Box.net may freely transfer, assign or delegate this Agreement or its rights and duties under this Agreement.  Subject to the foregoing, this Agreement will be binding upon and will inure to the benefit of the parties and their respective representatives, heirs, administrators, successors and permitted assigns.  If any provision of this Agreement is invalid, illegal, or incapable of being enforced by any rule of law or public policy, all other provisions of this Agreement will nonetheless remain in full force and effect so long as the economic or legal substance of the transactions contemplated by this Agreement is not affected in any manner adverse to any party.  Upon such determination that any provision is invalid, illegal, or incapable of being enforced, the parties will negotiate in good faith to modify this Agreement so as to effect the original intent of the parties as closely as possible in an acceptable manner to the end that the transactions contemplated hereby are fulfilled.  Any notice, demand or communication required or permitted to be given by any provision of this Agreement will be deemed to have been sufficiently given or served for all purposes if transmitted by email or other communication equipment that transmits a facsimile of the notice to like equipment that receives and reproduces such notice.  Notices will be addressed to a party at the party’s address, facsimile number or email address as set forth below.  Notices will be deemed to have been received the day of receipt as evidenced by email or similar communication equipment confirmation statement.  Further, either party may change the individual designated below or its contact information or both by notice in accordance with this Section.