Trial Evaluation Agreement

Updated: 12.12.2023

THIS TRIAL EVALUATION AGREEMENT (the “Trial Agreement”) is entered into between Leapwork ApS, with registered office at Store Kongensgade 72C,1264 Copenhagen K, Denmark (“Leapwork”) and  the person or entity accepting this Trial Agreement (“Licensee”, “you” or “your”). Both Licensor and Licensee are referred to hereinafter as a “Party” and collectively as the “Parties” to this Trial Agreement. The purpose of this Trial Agreement is to set forth the terms and conditions under which Leapwork agrees to provide you with a trial license to use a Leapwork Software or SaaS Service (the "Product") for evaluation purposes. The Product will be provided in a sandbox environment and may include scripts, compiled code, supporting components, and documentation.

If you are entering into this Trial Agreement on behalf of a legal entity, you represent and warrant that you are authorised to bind such legal entity to the terms and conditions of this Trial Agreement, following which the terms used to describe you under this Trial Agreement (such as “Licensee”, "you" and/or "your") shall be deemed to apply to the legal entity which you represent. If you are not authorised by the said legal entity to bind the said legal entity to the terms and conditions of this Trial Agreement, you may not agree to the terms and conditions herein and you may not access the Product.

BY CLICKING THE “ACCEPT” CHECKBOX AND/OR DOWNLOADING THE LEAPWORK PRODUCT, LICENSEE AGREE TO BE BOUND BY ALL THE TERMS AND CONDITIONS STATED HEREIN. IF LICENSEE DOES NOT AGREE TO THESE TERMS AND CONDITIONS, THEN LICENSEE MAY NOT USE THE LEAPWORK PRODUCT FOR TRIAL OR ANY OTHER PURPOSES.

Licensee represents that the information submitted to Leapwork as part of the Trial Agreement, including all application data is true, accurate, and complete.

Licensee acknowledges and agrees that this Trial Agreement is subject to the terms of: (i) the End User License Agreement (“EULA”) found at https://www.leapwork.com/legal/terms-eula, if the Product evaluated is on-premises Software, or (ii) the Master Subscription Agreement (“MSA”) found at https://www.leapwork.com/legal/terms-msa, if the Product evaluated is Software as a Service (SaaS); except as otherwise specified in this Trial Agreement. In the event of conflict between this Trial Agreement and the EULA or MSA, as applicable, the terms of this Trial Agreement will govern during the Trial Period. Unless otherwise stated, all defined terms used in this Trial Agreement shall have the meaning given to them in the EULA or MSA, as applicable.

1. License Grant: subject to the terms of this Trial Agreement, Leapwork hereby grants Licensee a non-transferable, non-exclusive, limited license to use the Product solely for the purpose of evaluation during the Trial Period specified in Section 2 below. Licensee acknowledges and agrees that no license or rights to the Leapwork's intellectual property are granted or implied beyond the duration of the Trial Period set forth herein. Upon expiration of the Trial Period, all rights to access and use Product shall cease immediately. For the avoidance of doubt, Leapwork retains all ownership and intellectual property rights in and to the Product at all times.

2. Trial Period: the trial period shall commence on the Effective Date of this Agreement and shall continue for a period of 30 days unless earlier terminated by either party in accordance with Section 6 below (the “Trial Period”). If you decide to continue using the Product after the Trial Period, you must obtain the relevant license(s) from Leapwork.

3. Obligations of Licensee: during the Trial Period, Licensee agrees to:

• Use the Product only for evaluation purposes and not for any commercial, production, or revenue-generating activities.
• Provide feedback to Leapwork regarding the performance, functionality, and any issues encountered during the Trial Period.
• Comply with Leapwork’s Acceptable Use Policy (AUP) found at https://www.leapwork.com/hubfs/Legal/acceptable-use-policy.pdf.

4. No Warranty; Limitation of Liability: notwithstanding anything to the contrary in the EULA or MSA, as applicable, Leapwork offers no representations, warranties, indemnities, SLAs or Support Services, or other terms of any kind in respect of the Product. The Product is provided "as is" and all statutory warranties and conditions are excluded to the fullest extent possible. Leapwork shall not be liable for any damages, whether direct, indirect, incidental, or consequential, arising out of the use or inability to use the Product.

5. Termination: either Party may terminate this Trial Agreement at any time by providing written notice to the other Party. Upon termination, Licensee shall immediately cease all use of the Product and return or destroy all copies of the Product in its possession.

6. Entire Agreement: this Trial Agreement constitutes the entire understanding between the Parties and supersedes all prior negotiations, understandings, or agreements, whether oral or written, relating to the subject matter hereof.

7. Governing Law and Jurisdiction: this Trial Agreement shall be governed by and construed in accordance with the laws and jurisdiction as stipulated in the EULA or MSA, as applicable.

8. Notices: Notices under this Trial Agreement shall be given in accordance with the “Notices” section of the EULA or MSA, as applicable.