ZAPTEST ANNUAL SUBSCRIPTION SOFTWARE LICENSE TERMS

ZAPTEST FREE EDITION SOFTWARE LICENCE TERMS (Section 8)

ZAPTEST AUTOMATION SOFTWARE

These license terms are an agreement between ZAPTEST, Inc. (“ZAP”) and you. Please read them. They apply to the software named above. These terms also apply to any ZAPTEST updates, ZAP Portal access, support services for this software, unless other terms accompany those items; so those terms apply.

BY USING THE SOFTWARE, YOU ACCEPT THESE TERMS OF THIS SOFTWARE LICENSE AGREEMENT.

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 for a 12-months period on a per copy per mobile device, workstation or end user, which ever applies, is limited to one mobile Operating System (in case of mobile devices) and one execution thread. A hardware partition, blade or virtual machine is considered to be a separate workstation. (Device in this agreement refers to Mobile Device or Workstation)

2. INSTALLATION AND USE RIGHTS.

a. One Copy per Device. You may install one copy of the software on one device. That device is the “licensed device.”

b. Licensed Device. You may only use one copy of the software on the licensed device at a time.

c. Separation of Components. The components of the software are licensed as individual units.

d. 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.

a. 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.

b. Trial and Conversion. Some or all of the software may be licensed on a trial basis. Your rights to use trial software are limited to the trial period. The trial software and length of the trial period are set forth during the activation 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.

c. Subscription Software. The software is on an annual subscription basis, and your rights to use the software are 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 subscription period. See the software activation screens or other accompanying materials for subscription details. After the expiration of your subscription, the software will stop running.

4. MANDATORY ACTIVATION.

Activation associates the use of the software with a specific device. During activation, the software will send information about the software and the device to ZAPTEST. This information includes the version, the license version, language (English) 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 ACTIVATION.

5. VALIDATION.

a. 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.

b. To facilitate validation, you need to be connected to the internet at all times of using the ZAPTEST product.

c. During or after a validation check, the software may send information about the software, the device and the results of the validation check to ZAPTEST. This information includes, for example, the version

and product 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.

d. If, after a validation check, the software is found to be counterfeit, improperly licensed, or a non-genuine ZAPTEST product then the functionality or experience of using the software may be affected. For example, ZAPTEST may provide notice that the software is improperly licensed or a non-genuine ZAPTEST product; and you may receive reminders to obtain a properly licensed copy of the software; or need to follow ZAPTEST’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 ZAPTEST.

e. You may only obtain updates or upgrades for the software from ZAPTEST.

6. 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. ZAPTEST 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.

7. 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.

8.ZAPTEST Free Edition

Use Rights and Conversion:  If the Software is a ZAPTEST Free Edition, then this Section applies to you. You may convert your Free Edition rights at any time to the full rights described in the rest of these license terms by purchasing a ZAPTEST Annual Subscription License and obtaining a fully functional product key from ZAPTEST. By downloading the Free Edition you are agreeing to limited features and functionalities that are otherwise included in our fully licensed annual subscription license.

Installation Information:  When the Free Edition Software is installed you must agree to all of the terms and conditions of this EULA, if you do not agree with all the terms and conditions of this EULA the download will not be installed.

Data Collection:  ZAPTEST reserves the right to collect certain data and usage information during the use of the ZAPTEST Free Edition.  This Software may collect certain information from the computer on which it is installed regarding installation of the Software and the host software with which the Software is used such as identification of the host software and its license type. Additionally, the Software contains certain user tracking features that enable ZAPTEST to collect certain information regarding your Software usage such as language, web browser and product features to help improve the overall usability of the Software. This information is used by ZAPTEST to evaluate and improve our products. Any information collected by ZAPTEST will not be shared.

Discontinued Use: ZAPTEST reserves the right to discontinue use of the Free Edition Software at our discretion.  ZAPTEST may also terminate the use of the Free Edition Software at any time if you are in breach of any of the terms and conditions of this EULA, and you shall forthwith uninstall and delete the Free Edition Software from your PC or fixed media storage device upon such termination. You may terminate this EULA at any time by uninstalling and deleting the Free Edition Software (together with permitted copy thereof) from your PC or fixed media storage device.

BY DOWNLOADING A FREE EDITION OF THE SOFTWARE, YOU CONSENT TO ZAPTEST KEEPING YOU INFORMED VIA EMAIL AND/OR IN-APP NOTIFICATIONS ABOUT OUR PRODUCTS. TO OPT OUT IN THE FUTURE, CLICK THE UNSUBSCRIBE LINK IN ANY MARKETING NOTIFICATIONS YOU RECEIVE FROM US.

9. 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.

10. APPLICABLE LAW.

This EULA shall be governed by and construed under the laws of the State of Georgia. You consent and agree that all legal proceedings relating to the subject matter of this EULA shall be maintained in courts sitting within the United States, and that jurisdiction and venue for such proceedings shall lie exclusively with such courts.

11. DISCLAIMER OF WARRANTY.

YOU ACCEPT THE SOFTWARE “AS IS” AND WITH ALL FAULTS (IF ANY). ZAPTEST DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

12. LIMITATION ON AND EXCLUSION OF DAMAGES.

YOU CAN RECOVER FROM ZAPTEST 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 ZAPTEST knew or should have known about the possibility of the damages.

13. RIGHT TO PUBLISH THE FACT YOUR COMPANY PURCHASED THE SOFTWARE.

Purchasing the software includes your permission for ZAPTEST to publish the fact your company purchased the software.

 

 

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