LogiGear® TestArchitectTM Software License Agreement
PLEASE READ THIS SOFTWARE LICENSE AGREEMENT (THIS “LICENSE”) CAREFULLY BEFORE INSTALLING AND USING THE SOFTWARE. BY CLICKING “I ACCEPT,” BELOW, YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THIS LICENSE FOR YOUR ORGANIZATION. IF YOU DO NOT AGREE TO THE TERMS OF THIS LICENSE, DO NOT INSTALL OR USE THE SOFTWARE.
1. Definitions
2. License Grant
3. Permitted Uses and Restrictions
4. Limited Warranty and Disclaimer
5. Exclusive Remedy
Provided that any non-compliance with the warranty set forth in Section 5 is reported in writing to Licensor no more than 30 days following the date of original purchase of the Software, Licensor will use commercial efforts to supply you with a replacement copy of the Software that substantially conforms to its documentation or refund to you your purchase price for the Software, at Licensor’s option. Licensor shall have no responsibility if the Software has been altered in any way, if the Software has not been installed properly, or if the failure arises out of use of the Software with other than a recommended hardware and software configuration. Any misuse, accident, abuse, modification or misapplication of the Software will void the warranty above. THIS REMEDY IS THE SOLE AND EXCLUSIVE REMEDY AVAILABLE TO YOU FOR BREACH OF EXPRESS OR IMPLIED WARRANTIES WITH RESPECT TO THE SOFTWARE.
6. Limitation of Liability
TO THE EXTENT ALLOWED BY LAW, UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL LICENSOR BE LIABLE FOR ANY INCIDENTAL, SPECIAL, INDIRECT, PUNITIVE OR CONSEQUENTIAL DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR THE INABILITY TO USE EQUIPMENT OR ACCESS DATA, LOSS OF BUSINESS, LOSS OF PROFITS, BUSINESS INTERRUPTION OR THE LIKE, ARISING OUT OF OR RELATING TO THIS LICENSE, INCLUDING, BUT NOT LIMITED TO, YOUR USE OF NEW SOFTWARE VERSIONS WITH PREVIOUS SOFTWARE RESULTS, OR YOUR USAGE OF PREVIOUS SOFTWARE VERSIONS WITH NEW SOFTWARE RESULTS, EVEN IF LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. In no event shall LICENSOR's total liability to you for all damages exceed the purchase price, if any, that you paid for the Software.
7. Termination
8. Export Law Assurances
9. Government End Users
10. Payment of Fees
11. Maintenance Services
12. High Risk Systems terms:
13. Controlling Law and Severability
14. Marketing
15. Use of Data
16. Privacy and Data Collection of Personal Data or System Information.
17. Open-Source Software:
18. Entire Agreement
EXHIBIT A
MAINTENANCE AND SUPPORT SCHEDULE
1. DEFINITIONS
2. MAINTENANCE AND SUPPORT TERM AND TERMINATION
3. MAINTENANCE SERVICES
4. SUPPORT SERVICES
- Online documentation, including API references, tutorials, and best practices;
- Video tutorials;
- Knowledge Base; and
- Public support forums.
- Phone call, email, web meeting, and online support ticketing system are available.
- Assistance with issues during installation and upgrades.
- Guidance around implementation and configuration.
- Assistance with troubleshooting test script when a bug in TestArchitect is believed to be the cause of reported incident. In this case, sample test script that can consistently demonstrate the problem and can be replicated must be provided.
- Product hotfix may be provided at request to unblock showstopper issues.
- Product training and consulting.
- Troubleshooting for tickets that are not believed to be caused byTestArchitect defects or troubleshooting for tests that take more than 60 minutes to execute to find TestArchitect issues. In this case, customer is advised to follow troubleshooting instructions provided by support personnel to isolate and identify the root cause.
- System and test script performance tuning.
- Questions about how to setup and use third party applications.
- Product customizations.