Trial Terms and Conditions

Open Relays

Domains listed (or black listed) on common public Open Relay sites (like ORDB, www.ordb.org) will not be processed for trial. First Wave will provide direction on managing black listed domains upon request.

Trial Completion

Continuity of the scanning service beyond the fixed trial can be facilitated upon the Reseller’s request. This is contingent on a First Wave Reseller Agreement being in place together with an Appendix covering agreed pricing for new domains.

Authorisation

The Reseller acknowledges that execution of this trial application and subsequent provision of the scanning service has been authorised by the domain owner.

Limitation of Liability

(A)	IF FIRST WAVE TECHNOLOGY SUPPLIES NO WARRANTY OR SERVICE LEVEL COMMITMENTS FOR TRIAL SCANNING SERVICES.
(B)	FIRST WAVE TECHNOLOGY SHALL HAVE NO LIABILITY FOR DELAYS IN THE DELIVERY OF ITS PRODUCTS.
(C)	IN NO EVENT SHALL FIRST WAVE TECHNOLOGY BE LIABLE FOR ANY INCIDENTAL, CONSEQUENTIAL, OR ANY OTHER INDIRECT LOSS OR DAMAGE (INCLUDING BUT NOT LIMITED TO LOST PROFITS OR REVENUES, COSTS OF STANDSTILL OR DELAY, LOSS OR MUTILATION OF DATA, PRICES AND ALL PAYMENTS TO THIRD PARTIES) NOR FOR EXEMPLARY OR PUNITIVE DAMAGES.  THESE LIMITATIONS OF LIABILITY SHALL APPLY REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, AND REGARDLESS OF WHETHER EITHER PARTY HAS BEEN ADVISED AS TO THE POSSIBILITY OF SUCH DAMAGES.  THE PARTIES AGREE THAT THE PRICES REFLECT THIS ALLOCATION OF RISKS.
(D)	THE RESELLER INDEMNIFIES FIRST WAVE TECHNOLOGY AGAINST ALL LOSS ARISING OUT OF ANY CLAIM BY A USER OF THE RESELLER ARISING OUT OF CONNECTION WITH THE SUPPLY OF THE PRODUCT OR WITH ANY CESSATION OR INTERRUPTION OF THE SUPPLY OF THE PRODUCT.
(E)	FIRST WAVE MAY, AT ITS OWN DISCRETION CHOOSE TO TERMINATE THIS TRIAL AT ANY TIME WITHOUT NOTICE.