EXPERITEST SEETESTCLOUD SOFTWARE LICENSE TERMS
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
- Internet-based services, and
- support services
for this software, unless other terms accompany those items. If so, those
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.
- OVERVIEW. The software is a client-server software. The software is licensed for a 12-months period. On the client side, the licensing is on a per copy per device basis (a hardware partition or blade is considered tobe a separate device). On the server side, the licensing does not limit the number of servers the software can
be installed on and does not limit the number of mobile phones that can be connected to each server.
- INSTALLATION AND USE RIGHTS.
- One Copy per Device. You may install one copy of the software on one device. That device is the âlicensed device.â
- Licensed Device. You may only use one copy of the software on the licensed device at a time.
- 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 devices.
- Alternative Versions. The software may include more than one version. You may install and use only one version at a time.
- ADDITIONAL LICENSING REQUIREMENTS AND/OR USE RIGHTS.
- Multiplexing. Hardware or software you use to
- pool connections,
- reroute information, or
- reduce the number of devices 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.
- Use with Virtualization Technologies. Instead of using the software directly on the licensed device, you may install and use the software within only one virtual (or otherwise emulated) hardware system on the licensed device.
- Trial and Conversion. Some or all of the software may be licensed on a trial basis. Your rights to use trialsoftware are limited to the trial period. The trial software and length of the trial period are set forth during theactivation process. You may have the option to convert your trial rights to subscription rights. Conversion
options will be presented to you at the expiration of your trial period. After the expiration of any trial period
without conversion, the trial software will stop running.
- Subscription Software. The software is on an annual subscription basis, and your rights to use the softwareare limited to the subscription period. You may have the option to extend your subscription license. If you extend your subscription, you may continue using the software until the end of your extended subscriptionperiod. See the software activation screens or other accompanying materials for subscription details. After the
expiration of your subscription, the software will stop running.
- MANDATORY ACTIVATION. Activation associates the use of the software with a specific device. Duringactivation, the software will send information about the software and the device to EXPERITEST. Thisinformation includes the version, the license version, language and product key of the software, the Internet
protocol address of the device, and information derived from the hardware configuration of the device.
BY USING THE SOFTWARE, YOU CONSENT TO THE TRANSMISSION OF THIS INFORMATION.
UNLESS THE SOFTWARE IS ACTIVATED, YOU HAVE NO RIGHT TO USE THE SOFTWARE. This
is to prevent its unlicensed use. YOU ARE NOT PERMITTED TO BYPASS OR CIRCUMVENT
- The software will from time to time request download of the validation feature of the software. Validationverifies that the software has been activated and is properly licensed. A validation check confirming thatyou are properly licensed permits you to use the software, certain features of the software or to obtain
- To facilitate validation, you need to be connected to the internet at all times of using the Experitest product.
- During or after a validation check, the software may send information about the software, the device and theresults of the validation check to EXPERITEST. This information includes, for example, the version andproduct key of the software and the Internet protocol address of the licensed device. BY USING THE
SOFTWARE, YOU CONSENT TO THE TRANSMISSION OF THIS INFORMATION.
- If, after a validation check, the software is found to be counterfeit, improperly licensed, or a non-genuineExperitest product then the functionality or experience of using the software may be affected. Forexample,
- 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 EXPERITESTâs 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.
- You may only obtain updates or upgrades for the software from EXPERITEST.
- SCOPE OF LICENSE. The software is licensed, not sold. This agreement only gives you some rights to usethe 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 andonly to the extent that applicable law expressly permits, despite thislimitation;
- make more copies of the software than specified in this agreement orallowed 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.
- UPGRADE OR CONVERSION. To upgrade or convert software, you must first be licensed for the softwarethat is eligible for the upgrade or conversion. Upon upgrade or conversion, this agreement takes the place ofthe 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.
- ENTIRE AGREEMENT. This agreement, any addendum or amendment included with the software, and theterms for supplements, updates, Internet-based services and support services that you use, are the entireagreement for the software and support services.
- 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 Tel Aviv, Israel, and that jurisdiction and venue for such proceedings shall lie exclusively with such
- DISCLAIMER OF WARRANTY.Â YOU ACCEPT THE SOFTWARE âAS ISâ AND WITH ALL FAULTS(IF ANY). EXPERITEST DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUTNOT LIMITED TO WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR
- LIMITATION ON AND EXCLUSION OF DAMAGES. YOU CAN RECOVER FROM EXPERITESTAND ITS SUPPLIERS ONLY DIRECT DAMAGES UP TO THE AMOUNT YOU PAID FOR THESOFTWARE. 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) onthird party Internet sites, or third party programs; and
- claims for breach of contract, breach of warranty, guarantee orcondition, strict liability, negligence, or other tort to the extentpermitted by applicable law. It also applies even if
- repair, replacement or a refund for the software does not fullycompensate you for any losses; or
- EXPERITEST knew or should have known about the possibility of thedamages.
- RIGHT TO PUBLISH THE FACT YOUR COMPANY PURCHASED THE SOFTWARE. Purchasing thesoftware includes your permission to EXPERITEST to publish the fact your company purchased the software.