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license.txt
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license.txt
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InfoStretch Selenium Framework End User License Agreement
Please read this License Agreement carefully before proceeding. This
Agreement licenses SOFTWARE to you [either an individual or single
entity] ("LICENSEE") from InfoStretch and contains warranty and liability disclaimers. By
installing, copying or otherwise using this Software, you are confirming
that you have read and understand this Agreement and agree to be bound
by the terms of this Agreement. If you do not agree with the terms of this
Agreement, you should not install or use this SOFTWARE.
Whereas, InfoStretch has developed and distributes a compiled and
binary or source code version of Selenium Framework ("LICENSED SOFTWARE");
Whereas, InfoStretch has developed certain accompanying
documentation regarding the LICENSED SOFTWARE
("DOCUMENTATION");
Whereas, LICENSEE desires to be licensed to develop test automation
programs, or functional tests incorporating or based
on portions of the LICENSED SOFTWARE in order to conduct
functional, end-to-end
tests, and regression tests of LICENSEE's information systems;
Whereas, upon receiving the benefit of the LICENSED SOFTWARE the
LICENSEE will negotiate and pay a fee to InfoStretch or receive testing services from InfoStretch.
Whereas, InfoStretch is willing to grant such licenses, rights and option
on the terms and conditions provided hereinafter.
Now, Therefore, in consideration of the mutual covenants and promises
contained herein, and for other good and valuable consideration, the
receipt and sufficiency of which are hereby acknowledged, the parties
agree as follows:
1. Definitions
"SOFTWARE" means all of the contents of the files, disk(s), CD-
ROM(s) or other media with which this Agreement is provided as part of
the "LICENSED SOFTWARE."
"ORGANIZATION" is defined as the user, group, institution, and
enterprise and any set of users greater than the smallest number.
"USE", "USED" or "USING" means to install and operate the
SOFTWARE in a way that provides the functionality to run
tests and any other function that otherwise provides
benefit from using the functionality of the LICENSED SOFTWARE in
accordance with the DOCUMENTATION.
2. Software License
2.1 As long as you comply with the terms of this End User License
Agreement, InfoStretch grants to LICENSEE a non-exclusive license
to USE the Software for the purposes described in the
DOCUMENTATION, as further set forth below.
2.2 You may install and USE a copy of the LICENSED SOFTWARE on
your compatible computers and servers and operate the LICENSED
SOFTWARE.
2.3 Backup Copy. You may make one backup copy of the Software,
provided your backup copy is not installed or Used on any Computer.
The backup copy must include all copyright information and this license
that you found contained on the original. You may not transfer the rights
to a backup copy unless you transfer all rights in the Software as
provided in the Transfer section in this Agreement.
2.4 Portable Computer Use. The primary user of the Computer on which
the Software is installed may also make a second copy for his or her
exclusive use on a portable Computer provided the Software on the
portable Computer is not being used in excess of the PERMITTED
NUMBER OF CVUS AND SERVICE MONITORS.
2.5 Except as permitted by applicable law and this License, you may not
modify, reverse engineer, disassemble, decompile the LICENSED
SOFTWARE.
3. Termination
Without prejudice to any other rights, InfoStretch may terminate this
Agreement if you fail to comply with the terms and conditions of this
Agreement. In such an event, you must destroy all copies of the
LICENSED SOFTWARE.
4. Disclaimer of Warranty
THE SOFTWARE IS PROVIDED "AS IS," WITHOUT WARRANTIES
OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING
WITHOUT LIMITATION WARRANTIES THAT THE SOFTWARE IS
(A) FREE OF DEFECTS OR ERRORS, (B) VIRUS FREE, (C) ABLE
TO MEET ANY REQUIREMENTS OF YOU OR ANYONE ELSE, (D)
ABLE TO OPERATE ON AN UNINTERRUPTED BASIS, (E)
MERCHANTABLE, (F) FIT FOR A PARTICULAR PURPOSE OR (G)
NON-INFRINGING UNLESS SUCH WARRANTIES ARE LEGALLY
INCAPABLE OF EXCLUSION. InfoStretch SHALL HAVE NO
LIABILITY WITH RESPECT TO USE OF THE SOFTWARE.
5. Limitation of Liability
IN NO EVENT WILL InfoStretch, ITS EMPLOYEES,
DISTRIBUTORS, SUPPLIERS, DIRECTORS, NOR AGENTS SHALL
BE LIABLE FOR ANY LOST PROFITS OR OTHER
CONSEQUENTIAL, INCIDENTAL OR SPECIAL DAMAGES IN
CONNECTION WITH THE SOFTWARE OR THIS AGREEMENT,
EVEN IF InfoStretch HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES. In no event shall
InfoStretch's liability in connection with the LICENSED
SOFTWARE, regardless of the form of action, exceed the amount paid
for this License to the LICENSED SOFTWARE. Some jurisdictions do
not allow the foregoing limitations of liability, so the foregoing
limitations may not apply to you.
6. Export
You may not download or otherwise export or re-export the LICENSED
SOFTWARE except in full compliance with all applicable laws and
regulations. By accepting this agreement you represent and warrant that
you: (a) understand that the LICENSED SOFTWARE is subject to export
controls under the EAR, (b) are not located in a prohibited destination
country under the EAR or U.S. sanctions regulations (currently Cuba,
Iran, Iraq, Libya, North Korea, Sudan, Syria, the Federal Republic of
Yugoslavia (including Serbia but not Kosovo or Montenegro), and
Taliban controlled areas of Afghanistan), (c) are not a Denied Party,
Specially Designated National, or other person or entity prohibited from
receiving exports / re-exports by U.S. law; and (d) will not export, re-
export, or transfer the LICENSED SOFTWARE to any prohibited
destination entity or individual without the necessary export license(s) or
authorization(s) from the United States Federal Government.
7. Governing Law
This Agreement will be governed by and construed in accordance with
the laws of the State of California without regard to conflicts of law
provisions. Any claim arising out of or related to this Agreement must be
brought exclusively in a federal or state court located in Santa Clara,
California and you consent to the jurisdiction of such courts. If any
provision of this Agreement shall be invalid, the validity of the remaining
provisions of this Agreement shall not be affected.
Copyright (c) 2011, InfoStretch corp. All Rights Reserved
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