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* Product for 15‑Day Trial:	nGen Chat & Email nGen Knowledgebase
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* Agreement:	NGENERA SOFTWARE PILOT AGREEMENT Certain software and services are made available by nGenera Corporation, a Washington corporation, with principal offices at 3015 112th Avenue N.E., Suite 100, Bellevue, WA 98004 ("nGenera") for purpose of allowing you to evaluate the nGenera products known as nGenera Chat, and nGenera Email ("Software"), a copy of which may be provided to you or you may be given access to the Software hosted on a nGenera server and made available through this site (the "Services"). You are required to complete a registration form to receive access to the Software or Services ("Registration"). Your use of the Services or Software is subject to your agreement to the terms and conditions set forth herein. By completing and submitting the Registration for access to any portion of the Service or Software or by using the Services or Software you and your company or other business organization (hereinafter "you" or "your" or "Company" will be deemed to mean both you and your company or business organization) agree to be bound by these terms and conditions. If you do not agree to be bound by these terms and conditions, do not proceed any further and do not use this site, the Services or Software. This site is intended for use by commercial parties for business use only and may not be used by individual consumers. TERMS AND CONDITIONS 1. PILOT By completing the Registration you agree to review and evaluate one or more nGenera Software products or Services, subject to the terms and conditions set forth below. nGenera, may at its option, accept or reject the Registration you submit. If nGenera accepts the Registration, it will provide to you access to the Services or Software specified in the Registration for the period of time specified in the Registration ("Pilot Period") and for access or use by the number of users specified in the Registration. At the conclusion of the Pilot Period, the Services will automatically cease to be available and any Software will become inoperable without notice to you. nGenera may provide to you either (i) access to one or more of the Services through its shared hosted environment or (ii) a copy of one or more of the Software products (delivered via CD or download via ftp), so that you may evaluate and test the Services or Software during the Pilot Period. If you are provided with a copy of server Software, you may install the Software on a single computer and use the Software solely to evaluate and test the Software. If you desire nGenera to assist in the installation of the Software, such assistance shall be subject to the payment of fees pursuant to a separate mutually agreed to written work order. Except for the use of the Services and Software for evaluation purposes, you will not otherwise use or copy, translate, modify, adapt, decompile, disassemble or reverse engineer the Services and Software. You agree not to use the Services and Software in violation of any law, statute, ordinance or other regulation (including export control laws). You agree to indemnify nGenera from and against any liability that nGenera may incur arising from your mis-use of the Services or Software. You will not use the Software or Services: (a) for any unlawful, immoral, infringing, defamatory, libelous, fraudulent, obscene or pornographic purpose; (b) to send any virus, worm, trojan horse or other harmful code or attachment; or (c) to alter, steal, corrupt, disable, destroy, trespass, circumvent or violate any security or encryption of any computer file, database, or network. If nGenera, in its sole discretion, believes that you have violated any of the foregoing prohibitions, nGenera may immediately suspend access to the Services and Software and/or terminate this Agreement without further liability or obligation to you. nGenera purchases hosting services from a third party provider and you will abide by the acceptable use policy established by such provider, or any replacement provider for so long as you access the Services. The current acceptable use policy can be found at the following URL: http://www.savvis.net/company/profile/aup.html. If nGenera provides to you a password, registration number or digital certification for this site or any Service, you agree not to disclose your password, registration number or digital certification to any other person, except that if you are authorized by your company as a systems administrator, you may furnish other persons in your organization with access to this site and the Service, provided your company remain responsible for their compliance with the terms and conditions set forth herein. 2. OWNERSHIP All patents, copyrights, trade secrets and other proprietary rights in or related to the Software and Services are and will remain the exclusive property of nGenera and its licensors, whether or not specifically recognized or perfected under the laws of the country where the Software is located. You hereby assign and agree to assign any and all rights it may have or acquire in or to the Software to nGenera for no additional consideration. You will not take any action that jeopardizes nGenera's or its licensors' proprietary rights or acquire any rights in the Software, except the limited evaluation rights specified in Section 1. nGenera or its designee will own all rights in any copy, translation, modification, adaptation or derivation of the Software, including any improvement or development thereof. At nGenera's request, you will execute or obtain the execution of any instrument that may be appropriate to assign these rights to nGenera or its designee or to perfect these rights in nGenera's or its designee's name. 3. CONFIDENTIALITY You acknowledge that the Services and Software is and incorporates confidential and proprietary information developed, acquired by, or licensed to nGenera. You will take all reasonable precautions necessary to safeguard the confidentiality of the Services and Software, and will not disclose any information about the Services and Software, your evaluation of the Services and Software, reports, or any other information that is identified by nGenera as confidential (collectively the "Confidential Information") to any other person without nGenera's prior written consent, except to employees on a need to know basis, provided that you shall remain fully responsible for any breach of this section by such employees. You acknowledge that any unauthorized use or disclosure of the Confidential Information will cause irreparable harm to nGenera and its licensors. If an unauthorized use or disclosure occurs, you will take all steps that are necessary to recover the Confidential Information and to prevent its subsequent unauthorized use or dissemination. If you fail to take these steps in a timely manner, nGenera may take them in its own or in the your name and expense. You will have no confidentiality obligation with respect to any portion of the Confidential Information that (i) you lawfully obtained from a third party under no obligation of confidentiality or (ii) became available to the public other than as a result of your acts or omissions. 4. DISCLAIMER OF WARRANTY YOU ACKNOWLEDGE AND AGREE THAT THE SERVICES AND SOFTWARE ARE FOR EVALUATION ONLY AND THAT NGENERA CIM DOES NOT WARRANT THAT THE SOFTWARE OR SERVICES WILL BE FREE OF ERRORS OR WILL BE UNINTERRUPTED, OR THAT SUCH SOFTWARE OR SERVICES WILL MEET YOUR REQUIREMENTS. THE SOFTWARE AND SERVICES ARE PROVIDED "AS IS" AND WITHOUT WARRANTY OF ANY KIND. ALL WARRANTIES, CONDITIONS, REPRESENTATIONS, INDEMNITIES AND GUARANTEES WITH RESPECT TO THE SOFTWARE AND SERVICES, WHETHER EXPRESS OR IMPLIED, ARISING BY LAW, CUSTOM, PRIOR ORAL OR WRITTEN STATEMENTS BY NGENERA CIM OR OTHERWISE (INCLUDING, BUT NOT LIMITED TO ANY WARRANTY OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT) ARE HEREBY OVERRIDDEN, EXCLUDED AND DISCLAIMED. SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO THE FOREGOING DISCLAIMER MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT MAY VARY BY JURISDICTION. IN NO EVENT MAY ANY CLAIM BE BROUGHT UNDER OR IN CONNECTION WITH THIS AGREEMENT MORE THAN ONE YEAR AFTER A PARTY KNOWS OR SHOULD HAVE KNOWN OF THE ACTION GIVING RISE TO THE CLAIM. THIS PARAGRAPH WILL NOT APPLY ONLY WHEN AND TO THE EXTENT THAT APPLICABLE LAW REQUIRES LIABILITY BEYOND AND DESPITE THE FOREGOING DISCLAIMER AND LIMITATION. You agree to defend, indemnify and hold nGenera harmless from and against any damage, loss, liability or expense (including reasonable attorney's fee) that nGenera may suffer or incur as a result of any claim attributable to or based upon your use of the Services, the Software or any of the Confidential Information. If for any reason you are not satisfied with the Services or the Software your sole remedy is to cease using the Services and the Software. 5. DISCLAIMER OF DAMAGES UNDER NO CIRCUMSTANCES WILL NGENERA CIM, ITS LICENSORS, ITS HOSTING SUPPLIERS, OR THEIR RELATED COMPANIES BE LIABLE TO COMPANY FOR ANY DIRECT, CONSEQUENTIAL, INDIRECT OR SPECIAL, PUNITIVE OR INCIDENTAL DAMAGES, WHETHER FORESEEABLE OR UNFORESEEABLE, BASED ON YOUR CLAIMS OR THE CLAIMS OF ANY THIRD PARTY, WHETHER BASED ON THIS AGREEMENT, ANY COMMITMENT PERFORMED OR UNDERTAKEN UNDER ON OR IN CONNECTION WITH THIS AGREEMENT OR OTHERWISE. 6. ASSIGNMENT You will not assign any of your rights, or delegate any of your duties or obligations, under this Agreement, or otherwise transfer this Agreement to any third party without the prior written consent of nGenera. Any attempted assignment in contravention of this Section 6 will be void and of no effect. 7. MISCELLANEOUS You and nGenera are independent parties. Nothing in this Agreement shall be construed as making you an employee, agent or legal representative of nGenera. This Agreement will automatically expire upon the conclusion of the Pilot Period. nGenera may also terminate this Agreement without cause upon written notice to you. Upon expiration or termination of this Agreement, you agree to promptly un-install and delete any and all copies of the Software, or access codes necessary to access the Services and discontinue any further use of the Software and Services. If you received Services and desire to receive a copy of the interactions entered into the system during the Pilot Period, you must request such from nGenera in writing within five (5) days prior to the date of expiration of the Pilot Period and nGenera will provide such data as it retained to you (in a format to be determined by nGenera) in exchange for a mutually agreed to fee. The parties' rights and obligations under Sections 2, 3, 4, 5, 6 and 7 will survive the termination or expiration of this Agreement. This Agreement will be governed by and interpreted in accordance with the law of the state of Washington, excluding its conflict of law principles. Both parties consent to the exclusive jurisdiction of the state and federal courts in the state of Washington. If any provision of this Agreement is held to be invalid or unenforceable to any extent in any context, it shall nevertheless be enforced to the fullest extent allowed by law in that and other contexts, and the validity and force of the remainder of this Agreement shall not be affected thereby. This Agreement constitutes the complete and entire statement of all terms, conditions between nGenera and you with respect to the Software and Services. By clicking "Yes" you accept all of the terms and conditions of this nGenera Software Pilot Agreement Yes I Accept No I Decline
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