License Agreement¶
End User License Agreement for Testware Framework Manager
IMPORTANT: PLEASE READ THE TERMS AND CONDITIONS OF THIS AGREEMENT CAREFULLY BEFORE USING THE SERVICES AND THE SOFTWARE. TESTWARE APS IS WILLING TO GRANT YOU THE RIGHT TO ACCESS THE SERVICES AND USE THE SOFTWARE AS THE END USER (REFERENCED BELOW AS "YOU" OR "YOUR") ONLY ON THE CONDITION THAT YOU ACCEPT ALL OF THE TERMS OF THIS AGREEMENT. THIS IS A LEGAL AND ENFORCEABLE CONTRACT BETWEEN YOU AND TESTWARE APS. BY SELECTING THE "I AGREE" BUTTON OR OTHERWISE INDICATING ASSENT ELECTRONICALLY, OR LOADING THE SOFTWARE, YOU AGREE TO THE TERMS AND CONDITIONS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, CLICK THE "I DO NOT AGREE" BUTTON OR OTHERWISE INDICATE REFUSAL, MAKE NO FURTHER USE OF THE SOFTWARE.
License¶
This EULA covers services delivered to You on Subscription model and software physically installed in Your ITenvironment.
Copyright law protects the software and documentation that accompanies the service (collectively the Software). While Testware ApS continues to own the Software, You will have certain rights to use the Software after Your acceptance of this Agreement. This Agreement governs any releases, revisions, or enhancements to the Software that Testware ApS may furnish to You.
Server software provides services or functionality on a server (Computers able to run the server software are servers. These servers can be located at a hosting provider or elsewhere).
The right to use the Software given to You is divided into a number of user rights (one right per Web-page, per End-User application set). The Software is partly granted on a recurrent fee basis.
You must be current in the payment of Support services fees for the software physically used in Your IT environment, to receive Support, Updates or Upgrades.
Your rights and obligations with respect to the use of this Software are as follows:
You may:
a) use the server software as stated in the purchase agreement adjoining the EULA.
b) without Testware ApS prior written accept You are not allowed to transfer the Software on a permanent basis to another person or entity, provided that You retain no copies of the Software and the transferee agrees to the terms of this license; and
c) use the Software in accordance with any additional permitted uses set forth, below.
You may not:
a) sublicense, rent, or lease any portion of the Software; reverse engineer, decompile, disassemble, modify, translate, make any attempt to discover the source code of the Software, or create derivative works from the Software;
b) without written consent with Testware ApS, use the Software as part of a facility management, timesharing, service provider, or service bureau arrangement;
c) use, if You received the software distributed on media containing multiple Testware ApS products, any Testware ApS software on the media for which You have not received a permission in a License Module;
d) use the Software in any manner not authorized by this license; nor
e) use the Software in any manner that contradicts any additional restrictions set forth, below.
Product Installation and Required Activation¶
There are technological measures in this Software that are designed to prevent unlicensed or illegal use of the Software. You agree that Testware ApS may use these measures to protect Testware ApS against software piracy. This Software may contain enforcement technology that limits the ability to install and uninstall the Software to specific Devices and Servers. This License and the Software containing enforcement technology require activation as further set forth in the Documentation. The Software will only operate for a finite period of time prior to Software activation by You. If You do not complete the activation within the finite period of time set forth in the Documentation, or as prompted by the Software, the Software will cease to function until activation is complete, which will restore Software functionality. In the event You are not able to activate the Software, You may contact Testware ApS Customer Support at the URL and telephone number provided by Testware ApS during activation, or as may be set forth in the Documentation.
Intellectual Property¶
All intellectual property in the Software and any documentation relating thereto and the ownership of any idea, method, invention, discovery, design or other work, including computer programs or parts thereof conceived or made by Testware ApS in the course of providing the Software belong to Testware ApS.
All notes, memoranda, correspondence, documents and other tangible items made or delivered by Testware ApS are also included in the intellectual property rights of Testware ApS.
You shall acknowledge that Testware ApS may grant other parties rights to use the Software partly or wholly and Testware ApS will retain all rights, titles and interests in and to all software development, tools, know-how, methodologies, processes, technologies or algorithms used in providing the Software which are based on trade secrets or proprietary information of Testware ApS or are otherwise owned or licensed by Testware ApS and that Testware ApS will be free to use the ideas, concepts and know-how which are developed in relation to the Software.
You shall have no right to use for any purpose any trade mark or service mark belonging to Testware ApS without Testware ApS prior written consent.
Provided Your use of the software is in accordance with this license, Testware ApS shall indemnify You against any loss, liability or damage that You suffer, incur or become liable for as a result of a claim that Your receipt, possession or use of the software infringes the intellectual property rights of a third party.
Limited Warranty¶
Testware ApS warrants that the media on which the Software is distributed from will be free from defects for a period of thirty (30) days from the date of delivery of the Software to You. Your sole remedy in the event of a breach of this warranty will be that Testware ApS will, at its option, replace any defective media returned to Testware ApS within the warranty period or refund the money You paid for the Software. estware ApS does not warrant that the Software will meet Your requirements or that operation of the Software will be uninterrupted or that the Software will be error-free. Further, Testware ApS does not make any warranties with respect to third party software or the integration between the Software and such third-party software as well as Software's interoperability with Your hardware. To the maximum extent permitted by applicable law, the above warranty is exclusive and in lieu of all other warranties, whether expressed or implied, including the implied warranties of merchantability, fitness for a particular purpose, and non-infringement of intellectual property rights.
The Software may include programs or code that are licensed under an Open Source Software ("OSS") license model. OSS programs and code are subject to the terms, conditions and obligations of the applicable OSS license, and are SPECIFICALLY EXCLUDED FROM ALL WARRANTY AND SUPPORT OBLIGATIONS DESCRIBED ELSEWHERE IN THE EULA.
Testware ApS is not liable under this Agreement for delays, failures to perform, damages, losses or destruction, or malfunction of any equipment, or any consequence thereof, caused by forces of nature or any other cause beyond its reasonable control.
Disclaimer of Damages¶
Some states and countries, including member countries of the European Union area, do not allow the limitation or exclusion of liability for incidental or consequential damages, so the below limitation or exclusion may not apply to You. To the maximum extent permitted by applicable law and regardless of whether any remedy set forth herein fails of its essential purpose, in no event will Testware ApS or its licensors be liable to You for any special, consequential, indirect, or similar damages, including any lost profits or lost data arising out of the use or inability to use software even if Testware ApS has been advised of the possibility of such damages. In no case shall Testware ApS or its licensors liability exceed the purchase price for the software. The disclaimers and limitations set forth above will apply regardless of whether You accept the Software.
Termination¶
Without prejudice to any other rights, Testware ApS may terminate this EULA if You fail to comply with the terms and conditions of this EULA. In such event, You must destroy all copies of the Software and all of its component parts.
Third Parties¶
No term of the EULA shall be enforceable by a person who is not a party to the EULA.
Applicable law¶
If You acquired this Software in Denmark, this EULA is governed by the laws of Denmark. If You acquired this Software in the European Union, Iceland, Norway, or Switzerland, then local law applies. If You acquired this Software in any other country, then the laws of Denmark govern this EULA.
Entire EULA, Severability¶
This EULA (including any addendum or amendment to this EULA which is included with the Software) is the entire EULA between You and Testware ApS relating to the Software and the support services (if any) and they supersede all prior or contemporaneous oral or written communications, proposals and representations with respect to the Software or any other subject matter covered by this EULA. If any provision of this EULA is held to be void, invalid, unenforceable or illegal, the other provisions shall continue in full force and effect. Should You have any questions concerning the EULA, or if You desire to contact Testware ApS for any reason, please email to support@testware.dk.