Bitbar Testing: On-Premise – End-User License Agreement

See bitbar.com for more information.
Copyright © 2016 Bitbar Technologies Oy. All Rights Reserved.

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BITBAR END-USER LICENSE AGREEMENT IMPORTANT PLEASE READ THE TERMS AND CONDITIONS OF THIS LICENSE AGREEMENT CAREFULLY BEFORE CONTINUING WITH THIS PROGRAM INSTALL:

Bitbar End-User License Agreement (“EULA”) is a legal agreement between Bitbar Technologies, hereinafter referred to as “Licensor” and an individual or a legal entity, hereinafter referred as to “Licensee”, who pays the requisite consideration to Licensor or any person authorised by Licensor including resellers for the use of Bitbar’s software product(s) identified above which may include associated software components, media, printed materials, and “online” or electronic documentation (“SOFTWARE PRODUCT”) or is using the SOFTWARE PRODUCT as a trial version. Any person (natural or legal), who copies, installs, downloads or uses this software in any manner or accepts this EULA by clicking “I accept” shall be bound by the terms and conditions of this EULA. Any person (natural or legal) who does not accept the terms and conditions of this EULA shall refrain from copying, installing, downloading or using the software in any manner. The SOFTWARE PRODUCT is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. The SOFTWARE PRODUCT is licensed, not sold.

 

NOTE:

robotium-solo-4.0.jar is under the Apache 2.0 license.

truelicense-core-1.31.jar is under the Apache 2.0 license.

commons-lang-2.6.jar is under the Apache 2.0 license.

You can find a copy of the Apache License at https://www.apache.org/licenses/LICENSE-2.0

1. DEFINITIONS

“Authorized Use” means the defined number of installations used by Licensee.

“Authorized User” means any employee, independent contractor or other temporary worker authorized by Licensee to use the Software Product while performing duties within the scope of their employment or assignment. Authorised User also may contact Licensor for support requests.

“Confidential Information” shall mean any information, including but not limited to ideas, source code, object or binary code, algorithms, operations, designs, methods, processes, practices, marketing plans, strategies, documents, data, programs, patterns, compilations, customer information, financial information, business information, know-how and such other information, which is disclosed by Licensor to Licensee verbally or in writing or which comes to the knowledge of Licensee in any manner and which is deemed confidential by Licensor.

Exclusions:

Confidential information shall not include:

  • The information which is in the public domain; or
  • The information which is lawfully obtained or available from a third party without any obligation of confidentiality and without breach of this EULA; or
  • The information, which was already known to The Licensee and has been received from a source other than the Licensor.

“Due Date” means that payment for the Software Product must be received in full within fourteen (14) days of Licensee receipt of the invoice.

“Effective Date” means the date on which this Agreement takes effect. This Agreement becomes effective on the date Licensee receives the Software Product from Licensor.

“Intellectual Property” shall mean any idea, creation, invention, work of authorship, information or any other material relating to the Software Product or User Documentation, which is protected, in the process of being protected or capable of being protected as a patent, copyright, trade mark, trade secret or any other type of intellectual property.

“License” means the right to use the Software Product as defined by Authorized Use for one (1) year.

“License Key” means a unique key-code that enables one Authorized Use to use the Software Product. Only Licensor and/or its representatives are permitted to produce License Keys for the Software Product.

“Party” shall mean either Licensor or Licensee based on the context and “Parties” shall mean both Licensor and Licensee.

“Reseller” shall mean any person authorized by Licensor in writing to vend, sell or distribute the licensed software within the territory permitted by Licensor.

“Software Product” means Bitbar Testing On-Premise product (aka Testdroid Enterprise), all associated software components, media, printed materials, and “online” or electronic documentation and support

“Trial Period” means the period, defined by Licensor, for which Licensee gets a free temporary license key to evaluate the Software Product.

“Upgrades” shall mean any and all changes or additions to the Software Product, including new releases and versions thereof that add new functions to, or improve performance of, the Software Product.

“User Documentation” shall mean the explanatory printed or electronic materials that relate to the Software Product, including, but not limited to, license specifications, activation code, license files, instructions on how to use the Software Product, and/or technical specifications.

2. GRANT OF LICENSE

The Software Product is licensed as follows:

  • License of Full Version

    Licensor hereby grants a limited, non-exclusive and non-transferable license to Licensee to number of Authorized Users or Authorised Use the Software Product and User Documentation from the Effective Date for the term of one year after Licensee has paid the license fee to Licensor. Licensee shall not sell, sub-license, redistribute, reproduce, transmit, circulate, disseminate, translate or reduce to or from any electronic medium or machine readable form the Software Product, in whole or in part.

  • License of Trial Version

    In case of Trial Version of the Software Product, Licensor hereby grants to Licensee a limited, non-exclusive and non-transferable right to use the Software Product with the features permitted by Licensor for the time of Trial Period. Licensee’s use of the Software Product during the Trial Period shall be limited to the internal evaluation of the software for the sole purpose of determining whether the Software Product meets Licensee’s requirements and whether Licensee desires to continue using the Software Product. On expiry of the trial period permitted by Licensor, Licensee must obtain a License Key to continue using the Software Product or shall delete, erase or destroy copies of the Software Product in its possession. Additional support services may be made available by Licensor to Licensee under another agreement for a license fee. Such support services shall not fall within the scope of this EULA.

3. DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS

  • Licensee must not remove or alter any copyright notices on any and all copies of the Software Product.
  • Licensee may not circumvent any security measures used to protect the Software Product.
  • Licensee may not take multiple Trial version licenses with respect to the Software Product from Licensor during the term of this EULA or thereafter unless a prior written permission or consent has been taken from Licensor.
  • Licensee may not distribute registered copies of the Software Product to third parties.
  • Licensee may not reverse engineer, decompile, or disassemble the Software Product, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation.
  • Licensee may not rent, lease, or lend the Software Product.
  • Licensee must comply with all applicable laws regarding use of the Software Product.

4. LICENSE FEE

Licensee will pay to Licensor the license fee and other charges and expenses as set forth in an appropriate invoice or other purchase documentation. Licensor may charge Licensee interest for any payment that is more than thirty (30) days past due at the rate of one and one-half percent (1.5%) per month or the highest amount allowed by law, whichever is lower.

5. OWNERSHIP

All rights, title, including but not limited to copyrights, in and to the Software Product and any copies thereof are owned by Licensor. All title and intellectual property rights in and to the content which may be accessed through use of the Software Product is the property of the respective content owner and may be protected by applicable copyright or other intellectual property laws and treaties. This EULA grants Licensee no rights to use such content.

(a) Third Party Software

If Licensor mentions on its website, user documentation or any other place, existence of any third party software, whose intellectual property permission has not been acquired by Licensor and must be used in combination with the Software Product, Licensee shall be responsible to acquire the permission or license in order to use the said software. Licensor shall not be responsible for acquiring licenses with respect to the said software.

6. TERMINATION

Without prejudice to any other rights, Licensor may terminate this EULA if Licensee fails to comply with the terms and conditions of this EULA. In such event, Licensee must destroy all copies of the Software Product in its possession.

7. WARRANTY

Licensor expressly disclaims any warranty for the Software Product. The Software Product is provided ‘As Is’ without any express or implied warranty of any kind, including but not limited to any warranties of merchantability, non-infringement, or fitness of a particular purpose. Licensor does not warrant or assume responsibility for the accuracy or completeness of any information, text, graphics, links or other items contained within the Software Product. Licensor makes no warranties respecting any harm that may be caused by the transmission of a computer virus, worm, time bomb, logic bomb, or other such computer program. Licensor further expressly disclaims any warranty or representation to Authorized Users or to any third party.

8. LIMITATION OF LIABILITY

IN NO EVENT WILL LICENSOR OR ITS SUPPLIERS OR RESELLERS BE LIABLE TO LICENSEE UNDER ANY THEORY FOR ANY DAMAGES SUFFERED BY LICENSEE OR ANY USER OF THE SOFTWARE PRODUCT OR will NOT Licensor be liable for loss of data or for indirect, special, incidental, consequential (including lost profit), or other damages based in contract, tort or otherwise. Licensor shall have no liability with respect to the content of the Software Product or any part thereof, including but not limited to errors or omissions contained therein, libel, infringements of rights of publicity, privacy, trademark rights, business interruption, personal injury, loss of privacy, moral rights or the disclosure of confidential information.

9. GENERAL

  • Unless Licensee explicitly opts out by notifying Licensor, Licensee agrees to be identified as a customer of Licensor and that Licensor may refer to Licensee by name, trade name and trademark, if applicable, and may briefly describe Licensee’s business in Licensor’s marketing materials, on Licensor’s web site, in public or legal documents. Licensee hereby grants Licensor a license to use Licensee’s name and any of Licensee’s trade names and trademarks solely pursuant to this marketing section.
  • Licensor reserves the right at any time to cease the support of the Software Product and to alter prices, features, specifications, capabilities, functions, licensing terms, release dates, general availability or other characteristics of the Software Product.
  • This Agreement constitutes the entire agreement between the parties concerning Licensee’s use of the Software Product, and supersedes any and all prior or contemporaneous oral or written representations, communications, or advertising with respect to the Software Product. No purchase order, other ordering document or any hand written or typewritten text which purports to modify or supplement the printed text of this Agreement or any schedule will add to or vary the terms of this Agreement unless signed by both Licensee and Licensor.
  • This Agreement will be governed by the laws of Finland. In the event of any dispute arising out of this Agreement or the breach thereof, the parties hereto shall use their best endeavours to settle such disputes. To this effect they shall consult and negotiate with each other, in good faith and understanding of their mutual interests, to reach a solution satisfactory to both parties. If the parties do not reach such solution within a period of thirty (30) days, then the disputes shall be finally settled by the city court of Helsinki.

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