EVALUATION/TEST AGREEMENT
Evaluation Period: Thirty (30) days unless otherwise stated here or agreed in writing
Informatica Commercially Available Products to be Evaluated: Products made available by Informatica
Informatica Pre-Release Products to be Tested: Products made available by Informatica
Other: N/A
BY COMPLETING ANY ONLINE ENROLLMENT FORM THATINCORPORATES THESE TERMS OR CLICKING THE ACCEPTANCECHECK BOX DISPLAYED AS PART OF THE ENROLLMENT PROCESS,
YOU AGREE TO THE TERMS OF THIS AGREEMENT FOR YOUREVALUATION AND/OR TESTING OF THE INFORMATICA PRODUCTS
AND IF AUTHORIZED, YOUR PROVISION OF DATA TO
INFORMATICA FOR PURPOSES OF THAT EVALUATION AND/ORTESTING. “Informatica” includes the Informatica entity entering into
this Agreement and its Affiliates. An “Affiliate” of a party is an entitythat controls, is controlled by, or is under common control with theparty.
1. Informatica Products. The Informatica Products madeavailable for evaluation and/or testing may be Software or Cloud
Services. Software means Informatica-branded computer programs
Customer may install on equipment owned or operated byCustomer or a third party on Customer’s behalf. Cloud Servicesmeans Informatica-branded offerings made available to Customer
on demand via the Internet from equipment owned or operated byor for Informatica, including Software hosted by or for Informatica
for access by Customer and the environment in which Informatica
hosts the Software.
2. Evaluation Scope: Subject to the terms of the Agreement,
Customer has the rights to access and use the Informatica Products
identified as commercially available above (the “EvaluationProducts”) solely for evaluation purposes, and to access and use
Informatica Products identified as pre-release above (the “BetaProducts”) solely for testing and providing feedback to Informatica.
Customer may not, without Informatica’s prior written consent (i)use the Informatica Products for a longer duration or other purpose,including any commercial or business function; (ii) use any live or
regulated data; or (iii) install any software in the hosted environment
without Informatica’s prior written consent.
a)b)Software. For Software, Informatica grants to Customer, for theEvaluation Period a non-exclusive non-transferable revocable
license to install and use one (1) instance of the Software
identified in the Form in object code format solely andexclusively for the purpose of Customer’s evaluation and/ortesting of the Software.
Cloud Services. For Cloud Services, Informatica grants toCustomer, for the Evaluation Period, a non-exclusive nontransferable revocable right to authorize individuals (“Users”)
to access and use the applicable Cloud Services solely andexclusively for the purpose of Customer’s evaluation and/or
testing of the Cloud Services.

3. Customer Data. If this Agreement authorizes processing oflive or regulated data with Cloud Services, then Customer and itsUsers must comply with industry standard security practices withrespect to storage and transmission of data and with all applicablelaws including but not limited to export laws and privacy laws,including providing necessary notices and obtaining necessary
Informatica Evaluation Agreement-Online 02.24

consents with respect to any data, information, and material to beprocessed with the Cloud Services (“Customer Data”). Customer is
responsible for the quality and legality of Customer Data, and forbacking up Customer Data. Customer must not use the Cloud
Services to store or process any classified information . If thisAgreement does not authorize processing of live or regulated data,then Customer will access the Cloud Services only to process test
data, which will not include live or regulated data. Informatica
follows
theInformatica
Privacy
Policyavailableat
https://www.informatica.com/privacy-policy.html.
Basedon
Informatica’s reasonable diligence, Informatica complies with alllaws applicable to it as the provider of the Cloud Services.
Informatica processes Customer Data via the Cloud Services onbehalf of Customer only and in accordance with the terms of thisAgreement and any reasonable instructions that Customer might
give Informatica from time to time. Informatica will maintainreasonable administrative, physical, and technical safeguards forprotection of the security, confidentiality and integrity of Customer
Data as described in the Cloud and Support Security Exhibit
available
here:
https://www.informatica.com/content/dam/informaticacom/global/amer/us/docs/legal/online-cloud-and-supportsecurity-addendum.pdf. Those safeguards will include measuresfor preventing access, use, modification and disclosure ofCustomer Data except (a) to provide the Cloud Services and preventor address service or technical problems, (b) as compelled by lawor (c) as Customer may expressly permit in writing. Where
Customer’s use of the Cloud Services includes the processing of
personal data by Informatica on Customer’s behalf, the terms of thedata
processing
agreement
athttps://www.informatica.com/content/dam/informaticacom/global/amer/us/docs/legal/online-data-processingagreement.pdf apply.
4. No Future Obligation. Neither party shall have any future
obligation with respect to any further improvement, upgrade, license
or access to the Informatica Products or any other Informatica
Product.
5. Termination. The use and access granted hereunder willterminate on expiration of the Evaluation Period, which is thirty (30)days unless a different period is specified above. Either party may
terminate this Agreement upon written notice to the other at anytime. Sections 3 through 10 shall survive termination of thisAgreement.
6. Proprietary Rights and Confidentiality. Informatica Products,
and their features and functions and all Informatica intellectual
property therein and any derivatives thereof, are the property andconfidential information of Informatica. Confidential information
also includes any information, technical data or know how that has
been identified as confidential or that a reasonable person would
understand to be confidential, which is disclosed by either
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Informatica or Customer for purposes of this Agreement or acontemplated transaction between Informatica and Customer. The
party receiving the confidential information will use it solely for thepurposes above, and not to disclose it to any third party without thedisclosing party’s written approval, Confidential information will bereturned or destroyed by the receiving party promptly after no longer
required for the purposes above or upon written notice from thedisclosing party. Customer will not (i) copy, distribute, sell,
sublicense or otherwise transfer, or allow access to, the Informatica
Products to any third party except for contractors performing work
for Customer’s evaluation under a written agreement consistent
with the Agreement(ii) remove from view any copyright legend,
trademark or confidentiality notice appearing on the Informatica
Products or Informatica Products output, or adapt, translate,reverse engineer, decompile or otherwise derive the source code for
the Informatica Products; (iii) disclose the Informatica Products,functionality or features or the results of any performance orfunctional evaluation, benchmarking or test(s) of the Informatica
Products to any third party without the prior express written
approval of Informatica .
.
7. Customer Obligations. Customer must: protect the secrecyof authorized user IDs and passwords, notify Informatica
immediately of any known or suspected breach of security or
intellectual property rights, and ensure that its Users, and others
accessing or using Informatica Products on Customer’s behalf
comply with the Agreement. Customer will not, in connection with
Informatica Products (i) send or store infringing, obscene,
threatening, or otherwise unlawful or tortious material or malicious
code; (ii) damage, disable, overburden, impair, interfere with or
disrupt the Cloud Services; (iii) attempt to gain unauthorized accessto any systems or networks that connect thereto or otherwiseinterfere with the operation of the Cloud Services or in any way withthe use or enjoyment of the Cloud Services by others; or (iv) permit
more Users to access or process data via the Cloud Services thanare permitted in this Agreement. Customer will indemnify anddefend Informatica and Informatica’s agents, officers, directors,and employees against any and all fees, fines, costs, liens,judgments and expenses arising from or relating to Customer’sviolation of this Agreement.

CONSEQUENTIAL DAMAGES, INCLUDING DAMAGES FOR LOSS OF
PROFITS, REVENUE, OR DATA, EVEN IF ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES. THESE LIMITATIONS WILLAPPLY NOTWITHSTANDING THE FAILURE OF THE ESSENTIALPURPOSE OF ANY REMEDY.
9. Feedback. Feedback that Customer provides to Informatica
relating to the Informatica Products is the property of Informatica.
10. General. Within five (5) days of the completion of any
evaluation or test, Customer will stop using, de-install and/or
destroy the Informatica Product(s) provided to Customer hereunder
and will conduct a comprehensive debrief with Informatica,including a full assessment of the Informatica Products and thestatus of any pending or contemplated transaction. Beta Products
are not commercially released, and Informatica may notcommercially release those Products or any specific functionality inthose Products, and any version of a Beta Product that iscommercially released may not be similar to, or compatible with, theversion of the Beta Product evaluated under this Agreement. ThisAgreement constitutes the entire agreement between the parties
with respect to the evaluation of the Informatica Products and shallbe construed in accordance with the laws of the State of California.
Customer may assign this agreement with Informatica’s priorwritten consent. Jurisdiction and venue shall be in the Superior
Court for San Mateo County, California. A party’s waiver or failure to
exercise a right in this Agreement does not waive any other rightunder this Agreement. If a provision is determined to be invalid,illegal or unenforceable, the other provisions of this Agreement
remain in full force and effect.
11. FedRAMP Cloud Services (US Only). The products
identified as IICS for FedRAMP Evaluation Cloud Services above aresubscription-based Cloud Services that have received a Federal Risk
Assessment and Management Program (FedRAMP) Authority toOperate (“ATO”) at the FedRAMP Moderate impact level.

8. Warranty and Limitation of Liability. Informatica warrantsthat it has full power and authority to license or grant access to theInformatica Products to Customer as applicable.
THEINFORMATICA PRODUCTS AND ANY SERVICE PROVIDEDHEREUNDER ARE OTHERWISE PROVIDED “AS-IS”, WITHOUTWARRANTY, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIEDWARRANTY OF MERCHANTABILITY OR FITNESS FOR A
PARTICULAR PURPOSE AND ALL SUCH WARRANTIES AREEXPRESSLY DISCLAIMED. EXCEPT AS OTHERWISE REQUIRED BYLAW, THE LIABILITY OF INFORMATICA AND ITS SUPPLIERS ANDTRANSACTION PARTNERS TO CUSTOMER ARISING FROM THISAGREEMENT, OR ANY INFORMATICA PRODUCTS OR SERVICESPERFORMED IN CONNECTION THEREWITH, HOWEVER CAUSED,AND ON ANY THEORY OF LIABILITY, INCLUDING CONTRACT,STRICT LIABILITY, NEGLIGENCE OR OTHER TORT, SHALL BE
LIMITED TO DIRECT DAMAGES NOT TO EXCEED ANY FEES THATMAY BE PAID TO INFORMATICA HEREUNDER AND IF NO FEES AREPAID THEN TO ONE THOUSAND DOLLARS ( $1,000.00 USD) OR THE
EQUIVALENT AMOUNT IN LOCAL CURRENCY. IN NO EVENT WILLINFORMATICA OR ITS SUPPLIERS AND TRANSACTION PARTNERSBE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL ORInformatica Evaluation Agreement-Online 02.24

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