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M013. EVALUATION AGREEMENT


As more end users are becoming increasingly aware of their own requirements and how, more often than not, standard software programs fail to meet these requirements, it is in the interest of the end user to request an evaluation period prior to accepting the software for the purpose of assessing the capabilities of the software to meet the end user's requirements or assessing if the software can be modified to meet these requirements. Evaluation is not only relevant to software but also to entire systems, including assessing a system's functionality and capability to, e.g. network or perform at a particular speed or with huge quantities of data.

It may be useful, if an evaluation period is granted, for the end user to contract the services of an appropriately qualified consultant to ascertain the acceptability of the software with or without modification. (See website for a simple consultancy agreement under which such a party may be contracted).

It must be stressed, that in end-user circumstances an evaluation period is not often granted by the software owner/¨distributor especially in standard type programs where the nearest an end user will get to evaluation is a set demonstration by the sales personnel of the supplier. However, it is a facility which should be offered more readily to end-users.

With respect to evaluation by a prospective distributor of any product, this type of agreement affords the distributor's technical staff the opportunity to assess, e.g. compatibility of one product with another without any commitment on the part of the distributor to agree to market the same.
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