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Check here if you are an individual manager who wants to do performance reviews for 25 or fewer employees

TERMS OF USE (FREE TRIAL) BY CHECKING "I AGREE," YOU AGREE TO THE FOLLOWING TERMS AND CONDITIONS ("AGREEMENT") GOVERNING YOUR USE OF THE SUCCESSFACTORS WEB-BASED PERFORMANCE AND TALENT MANAGEMENT ONLINE SERVICE, INCLUDING OFFLINE COMPONENTS (COLLECTIVELY, THE "HOSTED SERVICE"). IF YOU ARE ENTERING INTO THIS AGREEMENT ON BEHALF OF A COMPANY OR OTHER LEGAL ENTITY, YOU REPRESENT THAT YOU HAVE THE AUTHORITY TO BIND SUCH ENTITY TO THESE TERMS AND CONDITIONS, IN WHICH CASE THE TERMS "YOU" OR "YOUR" SHALL REFER TO SUCH ENTITY. IF YOU DO NOT HAVE SUCH AUTHORITY, OR IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, YOU CANNOT USE THE HOSTED SERVICE. 1. WELCOME. This Agreement governs your free trial of the Hosted Service. This free trial is offered at SuccessFactors' sole discretion and may be terminated by SuccessFactors at any time, for any or no reason, and with or without notice. This free trial is offered for your evaluation purposes only and is not intended for production use. No support, consulting or other professional services are included in this free trial. 2. RESTRICTIONS. You are responsible for all activities conducted under your Hosted Service account. You shall use the Hosted Service only for internal evaluation purposes only, in compliance with applicable law, and shall not: (i) resell, sublicense, lease, time-share or otherwise make the Hosted Service available to any third party; (ii) send or store infringing or unlawful material; (iii) send or store malicious code; (iv) attempt to gain unauthorized access to, or disrupt the integrity or performance of, the Hosted Service or the data contained therein; (v) modify, copy or create derivative works based on the Hosted Service; (vi) reverse engineer the Hosted Service; (vii) access the Hosted Service for the purpose of building a competitive product or service or copying its features or user interface; (viii) use the Hosted Service, or permit it to be used, for purposes of product evaluation, benchmarking or other comparative analysis intended for publication without SuccessFactors' prior written consent; or (ix) permit access to the Hosted Service by a direct competitor of SuccessFactors. 3. OWNERSHIP; LICENSES. SuccessFactors retains all ownership rights in the Hosted Service. SuccessFactors shall have a royalty-free, fully paid-up, nonexclusive, perpetual, irrevocable, worldwide, transferable, sublicensable license to use, copy, modify, or distribute, including by incorporating into the Hosted Service, any suggestions, enhancement requests, recommendations or other feedback provided by you or your users relating to the operation of the Hosted Service. 4. CONFIDENTIALITY; INDEMNIFICATION. You agree that the Hosted Service, including its features and operation, as well as any information communicated to you by SuccessFactors and designated as confidential, are confidential information of SuccessFactors and that you will not use or disclose such information to any third party except on a confidential basis for your internal evaluation purposes only. You agree to defend, indemnify and hold SuccessFactors harmless against any loss, damage or costs (including reasonable attorneys' fees) incurred in connection with claims made or brought against SuccessFactors by a third party alleging that your data or use of the Hosted Service in violation of this Agreement infringes the intellectual property rights of, or has otherwise harmed, such third party. 5. DISCLAIMER OF WARRANTIES. THIS FREE TRIAL OF THE HOSTED SERVICE IS OFFERED "AS IS." SUCCESSFACTORS MAKES NO WARRANTIES OF ANY KIND, WHETHER IMPLIED, STATUTORY OR OTHERWISE, INCLUDING ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. 6. MISCELLANEOUS. No amendment or waiver of any provision of this Agreement shall be effective unless in writing and signed by the party against whom the amendment or waiver is to be asserted. No failure or delay in exercising any right hereunder shall constitute a waiver of such right. Except as otherwise provided, remedies provided herein are in addition to, and not exclusive of, any other remedies of a party at law or in equity. If any provision of this Agreement is held by a court of competent jurisdiction to be contrary to law, such provision shall be modified by the court and interpreted so as best to accomplish the objectives of the original provision to the fullest extent permitted by law, and the remaining provisions shall remain in effect. You may not assign any of your rights or obligations hereunder, whether by operation of law or otherwise, without the prior written consent of SuccessFactors in its sole discretion. This Agreement shall be governed exclusively by the internal laws of the state of California, without regard to its conflicts of laws rules, and all disputes hereunder shall be subject to the exclusive jurisdiction of the courts located in San Mateo County, California. The United Nations Convention on Contracts for the International Sale of Goods shall not apply.
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