If SmoothWall Limited ("SmoothWall") decides to make available some or all of the requested products for evaluation then this will be subject to your agreeing to accept the following Terms and Conditions.

1. Keep the Information Confidential

1.1 Any information made available to you about the company, its products, its technology or its business plans that is not public knowledge must be kept secret and is strictly confidential, unless this has been agreed in writing beforehand with SmoothWall.

1.2 If you publish or communicate the results of your evaluation with other companies, organizations or persons not employed by your company or organization, you must inform SmoothWall, preferably in advance and SmoothWall must be given the opportunity to publish comment.

1.3 If you are required by applicable law, regulation or legal process to disclose any Confidential Information you will notify the Company immediately so that the Company may seek a protective order or other appropriate remedy.

2.1 You shall use the evaluation products for no purpose other than as set out in the "Purposes" in the completed Evaluation Form (or Agreement). In the case of Source Code or technology you will not incorporate such code or technology (even in a modified form) into any other products without the express written permission of SmoothWall.

2.2 Evaluation software products shall be installed on a maximum of two computers, unless this has been agreed in writing beforehand with SmoothWall.

2.3 You will comply with the terms of all applicable Hardware Warranties for evaluation appliances and other hardware products, together with any other specific terms and conditions that may be imposed.

2.4 You may not let other companies, organizations or persons not employed by your company or organization use a SmoothWall evaluation product unless this has been agreed in writing beforehand with SmoothWall.

2.5 You will not copy, modify, reverse engineer, reverse compile or attempt to derive the composition or underlying information of any proprietary program code or information.

3.1 Evaluation products are normally made available for an Evaluation Period of 30 days.

3.2 The Evaluation Period can be extended at the sole discretion of SmoothWall.

4.1 If upon termination of the evaluation of SmoothWall software products you decide to purchase software licenses, then the evaluation software supplied will be upgraded to normal licensed software without the need to re-install.

4.2 If upon termination of the evaluation you decide not to purchase software licenses or a hardware appliance, unless otherwise agreed by SmoothWall then you shall as soon as reasonably practicable and certainly within five working days :-
  


4.2.1 Return all copies of any documents, disks or other media supplied by either SmoothWall, any SmoothWall Partner or reproduced there from;

4.2.2 Return any appliance or other items of equipment supplied as part of this evaluation by SmoothWall, its agent or Partner, "as supplied" with accessories and documentation in the original packaging, carriage paid by insured carrier, for delivery no later than ten (10) working days from the end of the evaluation period;

4.2.3 Erase and destroy any copies of such software and documentation that may have been stored or installed upon computer systems.

5.1 No right or license is granted to you in relation to the supplied evaluation products and documentation except as expressly set out in these Terms and Conditions.

5.2 We accept no responsibility for and make no representation or warranty, express or implied, as to the fitness for purpose neither of the evaluation products, nor to the accuracy, truth or completeness of any associated documentation. Neither SmoothWall nor any of its Partners will be liable to you, or to any other company or person in these respects.

5.3 You understand that completion of the Evaluation Request Form or Agreement does not obligate SmoothWall or any of its Partners to provide you with evaluation products and or documentation.

5.4 You must keep SmoothWall informed as to the progress of the evaluation and of its eventual findings and conclusions.

5.5 Appliances or other items of equipment supplied as part of this evaluation by SmoothWall, its agent or Partner must be returned in working order without significant marks or damage, otherwise you will be charged for the cost of repair or replacement.

5.6 These terms and conditions shall be governed and construed in accordance with English Law and the parties hereby submit to the exclusive jurisdiction of the English Courts in relation to any claim or matter arising from this Agreement.

5.7 These Terms and Conditions of Business are in addition to and supplementary to SmoothWall's Standard Terms and Condition of Business, as published at: www.smoothwall.net/company/terms.php.

5.8 In the event of any of these terms and conditions or any part of any of them being judged illegal or unenforceable for any reason, the continuation in full force of the remainder of them shall not be prejudiced.