EXPERITEST APPIUM SOFTWARE LICENSE TERMS

EXPERITEST APPIUM STUDIO SOFTWARE

These license terms are an agreement between EXPERITEST Ltd and you. Please read them. They apply to the software named above, which includes the media on which you received it, if any. Printed-paper license terms, which may come with the software, may replace or modify an on-screen license terms. These terms also apply to any EXPERITEST
  • updates,
  • supplements,
  • Internet-based services, and
  • support services
for this software, unless other terms accompany those items. If so, those terms apply. 
BY USING THE SOFTWARE, YOU ACCEPT THESE TERMS. IF YOU DO NOT ACCEPT THEM, DO NOT USE THE SOFTWARE. INSTEAD, RETURN IT TO EXPERITEST. AS DESCRIBED BELOW, USING THE SOFTWARE ALSO OPERATES AS YOUR CONSENT TO THE TRANSMISSION OF CERTAIN COMPUTER INFORMATION DURING ACTIVATION, VALIDATION AND FOR INTERNET-BASED SERVICES. IF YOU COMPLY WITH THESE LICENSE TERMS, YOU HAVE THE RIGHTS BELOW FOR EACH LICENSE YOU ACQUIRE.
  1. OVERVIEW. The software is licensed free of charge for up to 2 (two) user machines per digital (mobile or web) application for unlimited period on a per copy per machine basis. Usage that exceeds these specifications requires to upgrade to a paid version.
  2. INSTALLATION AND USE RIGHTS.
    1. One Copy per Machine. You may install one copy of the software on one machine. That machine is the “licensed machine.” A hardware partition or blade is considered to be a separate machine.
    2. Licensed Machine. You may only use one copy of the software on the licensed machine at a time.
    3. Separation of Components. The components of the software are licensed as a single unit. You may not separate the components and install them on different machines.
    4. Alternative Versions. The software may include more than one version. You may install and use only one version at a time.
  3. ADDITIONAL LICENSING REQUIREMENTS AND/OR USE RIGHTS.
    1. Multiplexing. Hardware or software you use to
      • pool connections,
      • reroute information,
      • reduce the number of machines or users that directly access or use the software (sometimes referred to as “multiplexing” or “pooling”), does not reduce the number of licenses you need.
    2.  Use with Virtualization Technologies. Instead of using the software directly on the licensed machine, you may install and use the software within only one virtual (or otherwise emulated) hardware system on the licensed machine.
  4. VALIDATION.
    1. The software will from time to time request download of the validation feature of the software. Validation verifies that the software has been activated and is properly licensed. A validation check confirming that you are properly licensed permits you to use the software, certain features of the software or to obtain additional benefits.
    2. To facilitate validation, you need to be connected to the internet at all times of using the Experitest product.
    3. During or after a validation check, the software may send information about the software, the machine and the results of the validation check to EXPERITEST. This information includes, for example, the version and product key of the software and the Internet protocol address of the licensed machine. BY USING THE SOFTWARE, YOU CONSENT TO THE TRANSMISSION OF THIS INFORMATION.
    4. If, after a validation check, the software is found to be counterfeit, improperly licensed, or a non-genuine Experitest product then the functionality or experience of using the software may be affected. For example, EXPERITEST may
      • provide notice that the software is improperly licensed or a nongenuine Experitest product; and you may
      • receive reminders to obtain a properly licensed copy of the software; or
      • need to follow EXPERITEST’s instructions to be licensed to use the software and reactivate; and you may not be able to
      • use or continue to use the software or some of the features of the software; or
      • obtain certain updates or upgrades from EXPERITEST.
    5. You may only obtain updates or upgrades for the software from EXPERITEST.
  5. SCOPE OF LICENSE.  The software is licensed, not sold. This agreement only gives you some rights to use the features included in the software edition you licensed. EXPERITEST reserves all other rights. Unless applicable law gives you more rights despite this limitation, you may use the software only as expressly permitted in this agreement. In doing so, you must comply with any technical limitations in the software that only allow you to use it in certain ways. You may not
    • work around any technical limitations in the software;
    • reverse engineer, decompile or disassemble the software, except and only to the extent that applicable law expressly permits, despite this limitation;
    • make more copies of the software than specified in this agreement or allowed by applicable law, despite this limitation;
    • publish the software for others to copy;
    • use the software in any way that is against the law;
    • rent, lease or lend the software; or
    • use the software for commercial software hosting services.
  6. UPGRADE OR CONVERSION.  To upgrade or convert software, you must first be licensed for the software that is eligible for the upgrade or conversion. Upon upgrade or conversion, this agreement takes the place of the agreement for the software you upgraded or converted from. After you upgrade or convert, you may no longer use the software you upgraded or converted from.
  7. ENTIRE AGREEMENT.  This agreement, any addendum or amendment included with the software, and the terms for supplements, updates, Internet-based services and support services that you use, are the entire agreement for the software and support services.
  8. APPLICABLE LAW. This EULA shall be governed by and construed under the laws of the State of New York. You consent and agree that all legal proceedings relating to the subject matter of this EULA shall be maintained in courts sitting within New York City, NY, USA, and that jurisdiction and venue for such proceedings shall lie exclusively with such courts.
  9. DISCLAIMER OF WARRANTY. YOU ACCEPT THE SOFTWARE “AS IS” AND WITH ALL FAULTS (IF ANY). EXPERITEST DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
  10. LIMITATION ON AND EXCLUSION OF DAMAGES. YOU CAN RECOVER FROM EXPERITEST AND ITS SUPPLIERS ONLY DIRECT DAMAGES UP TO THE AMOUNT YOU PAID FOR THE SOFTWARE. YOU CANNOT RECOVER ANY OTHER DAMAGES, INCLUDING CONSEQUENTIAL, LOST PROFITS, SPECIAL, INDIRECT OR INCIDENTAL DAMAGES. This limitation applies to
    • anything related to the software, services, content (including code) on third party Internet sites, or third party programs; and
    • claims for breach of contract, breach of warranty, guarantee or condition, strict liability, negligence, or other tort to the extent permitted by applicable law. It also applies even if
    • repair, replacement or a refund for the software does not fully compensate you for any losses; or
    • EXPERITEST knew or should have known about the possibility of the damages.
  11. RIGHT TO PUBLISH THE FACT YOUR COMPANY USED THE SOFTWARE. Purchasing the software includes your permission to EXPERITEST to publish the fact your company purchased the software.