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Virtuoso Pre-Service Teacher Trial Agreement

This PST Trial Agreement sets out the terms on which you, the PST, 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. If you want your school, school district, private enterprise or other educational institution or organisation to use Virtuoso, that organisation will need to first sign a separate Free Trial Agreement.

Annexed to this PST Trial Agreement is a copy of the Virtuoso SaaS Agreement (SaaS Agreement). At any time during the Free Trial Term your Organisation may decide to purchase a full subscription to Virtuoso.

Terms and Conditions

1.Other than as noted or expressly amended below and nothing 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 PST as if he/she 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.

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

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

4. Before you allow any student, teacher, parent of a student or any other third party to access the PST 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).

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

6. We reserve the right to modify the PST 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, your Organisation or any third party for any modification, suspension or termination of you or your Organisation’s access to the PST Trial Instance. You acknowledge and agree that we have no obligation to provide the PST Trial Instance, or any part of the PST Trial Instance, now or in the future.

7. You will not make or permit any use of the PST 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.

8. You will not:

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

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

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

10. The PST Trial Instance is offered to the PST and the Organisation on an ‘as is’ and ‘as available’ basis without any warranties of any kind.

11. Cinglevue’s maximum aggregate liability to the PST 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 PST Trial Agreement (including in respect of goods or services supplied pursuant to this PST Trial Agreement) is $10.00 AUD.

12. The PST 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 PST of its obligations under this PST Trial Agreement or any wilful, unlawful or negligent act or omission of the PST.

13. Any data you enter into the PST Trial Instance and any customisations make to the PST Trial Instance will be permanently lost unless your Organisation:

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

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

14. This PST Trial Agreement is governed by the laws of the State of Western Australia.

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