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Virtuoso Free Trial Agreement

This Free Trial Agreement sets out the terms on which you, the Free Trial User, being a school, home school, school district, private enterprise or other educational institution or organisation may access and use the Virtuoso platform of Cinglevue International Pty Ltd (ABN 66 143 560 838) (Cinglevue) free of charge for the duration of the Free Trial Term.

Annexed to this Free Trial Agreement is a copy of the current Virtuoso SaaS Agreement (SaaS Agreement), some of the terms of which are incorporated by reference in the Terms and Conditions below. At any time during the Free Trial Term you may decide to purchase a full subscription to Virtuoso.

Terms and Conditions

1. You acknowledge and agree that, if you are signing up to the Trial Version of Virtuoso on behalf of an organisation, you have permission from that organisation to do so.

2. Other than as noted or expressly amended below and noting that there is no cost for this free trial, the terms of the SaaS Agreement are incorporated by reference into this Free Trial Agreement and apply to the Free Trial User as if they were a Customer, as that term is defined in the SaaS Agreement. All Charges, as that term is defined in the SaaS Agreement, are waived for the Free Trial Term.

3. Cinglevue will set up an instance (Free Trial Instance) of the Trial Version of Virtuoso accessible at the Free Trial URL and the Free Trial User and its users may access the Free Trial Instance for the duration of the Free Trial Term.

4. Once we create it, you are responsible for managing the Free Trial Instance, including any data that you upload or store on the Free Trial Instance.

5. Before you allow any of your students, teachers, parents of students or any other third party to access the Free Trial Instance, you must use your best efforts to ensure that they first read and agree to the Terms of Use (found in Annexure A to the SaaS Agreement).

6. From time to time, the Free Trial Instance may not be accessible or suffer service degradation.

7. We reserve the right to modify the Free Trial Instance (or any part thereof), either temporarily or permanently, at any time without prior notice to you. You agree that we will not be liable to you or any third party for any modification, suspension or termination of your access to the Free Trial Instance. You acknowledge and agree that we have no obligation to provide the Free Trial Instance, or any part of the Free Trial Instance, now or in the future.

8. You will use the Free Trial Instance for the sole purpose of trialling Virtuoso as a platform for learning engagement, school administration and/or document management.

9. You will not make or permit any use of the Free Trial Instance by any person if:

(a) it is beyond the limitations applicable to the Trial Version of Virtuoso;

(b) it is by any person who has not accepted the Terms of Use (found in Annexure A to the SaaS Agreement);

(c) it involves anything false, defamatory, harassing or obscene;

(d) it involves unsolicited electronic messages;

(e) it would involve the contravention of any person’s rights (including intellectual property rights);

(f) it is unlawful; or

(g) it is notified by Cinglevue as unacceptable on reasonable grounds or may otherwise be reasonably regarded by Cinglevue to be unacceptable.

10. You will not:

(a) on-sell access to the Free Trial Instance to any person in whole or part or in any way commercially exploit the Free Trial Instance; or

(b) remove or modify any markings or notices on the Free Trial Instance of Cinglevue’s rights.

11. You must not upload (or caused to be uploaded) any data containing confidential information to the Free Trial Instance.

12. The Free Trial Instance is offered to the Free Trial User on an ‘as is’ and ‘as available’ basis without any warranties of any kind.

13. Cinglevue’s maximum aggregate liability to the Free Trial User in respect of any loss or damage (including loss of profits, loss of goodwill, loss of data and any special, indirect or consequential loss or damage) which may be suffered or incurred or which may arise directly or indirectly in any way in connection with this Free Trial Agreement (including in respect of goods or services supplied pursuant to this Free Trial Agreement) is $10.00 AUD.

14. The Free Trial User will at all times indemnify and hold harmless Cinglevue and its officers, employees, contractors and agents (those indemnified) from and against any loss (including legal costs and expenses and liability) incurred or suffered by any of those indemnified arising from any claims against those indemnified where such loss or liability was caused by a breach by the Free Trial User of its obligations under this Free Trial Agreement or any wilful, unlawful or negligent act or omission of the Free Trial User.

15. Any data you enter into the Free Trial Instance and any customisations make to the Free Trial Instance will be permanently lost unless you:

(a) purchase a subscription to the same services as those covered by this Free Trial Agreement; or

(b) download such data and customisations prior to the end of the Free Trial Term.

16. This Free Trial Agreement is governed by the laws of the State of Western Australia.

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