PureLoad and PureTest - License Agreement
PureLoad Software Group AB (hereinafter referred to as the "Licensor") licenses its PureLoad software (hereinafter referred to as the "Software"), including any accompanying documentation to you only upon the condition that and/or your company (hereinafter referred to as the "licensee") accept all of the terms contained in this license Agreement.
Licensee should carefully read the following terms and conditions before using this Software. By downloading, installing or using the software, licensee are agreeing to be bound by these terms and conditions. If licensee do not agree to them, destroy all software possibly installed on licensee's computer.
Licensor grants to Licensee a non-transferable and non-exclusive perpetual license to the Software.
Licensee downloading, installing or using the software for Evaluation Use are forbidden from using the Software for business purposes (none evaluation purposes).
Licensee who has purchased a license (and received a license file) may use the Software for business purposes, following the restrictions as stated in the license file. Licensee may use, for each copy of the Software, by unlimited number of end users and unlimited number of test cases, executing ONE simultaneous load and stress test at the same time.
Licensee may, free of charge, transfer copies of the Software between Licensee’s users, computers, servers or networks as defined by the license file.
The Software is copyrighted and title to the Software and all associated intellectual property rights is retained by the Licensor. The Software source code is confidential information of Licensor. Licensee may not reverse assemble, reverse compile, otherwise translate or discover the source code of the Software. In addition, unless otherwise specified, Licensee may not rent, lease, sub license, assign or distribute the Software to any third party.
Licensee agree that any information or feedback licensee may provide to Licensor in reference to the Software or this Agreement is non-confidential and Licensee grant Licensor a worldwide, fully paid up and irrevocable license to use this information/feedback in Licensor business activities.
Licensor warrants that it has sufficient right and interest in the Software, documentation and other material supplied hereunder to grant the rights and licenses granted hereunder.
Licensor warrants that the Software licensed (specified in your license file) will operate on any of the platforms (combination of operating system and Java (TM) virtual machines) published by Licensor as "Supported Platforms" and shall operate and conform to the specifications set out in or referenced to in the supplied documentation except for defects or non-conformities causing minor and trivial deviations therefrom.
Any modification of the Software by any person other than a Licensor representative or any use of the Software with infringing software or data will void this warranty.
THE WARRANTIES GIVEN IN THIS SECTION CONSTITUTE THE ONLY REPRESENTATIONS AND WARRANTIES MADE BY LICENSOR WITH RESPECT TO DEFECTS OR NON-CONFORMITIES IN THE SOFTWARE AND ARE IN LIEU OF ALL OTHER WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
DISCLAIMER OF WARRANTY
Evaluation use Software is provided on an "AS IS" basis, without warranty of any kind, including without limitation the warranties of merchantability, fitness for a particular purpose and non-infringement. The entire risk as to the quality and performance of the Software is borne by the licensee.
Licensor shall defend, indemnify and hold harmless licensee from and against any damage, cost and expenses incurred as a result of any claim, suit or proceeding brought against Licensee that the use of the Software or documentation furnished hereunder infringes any patent, copyright, trademark, trade secret or other intellectual property right; provided that Licensor has been notified promptly in writing of such claim, and given authority, information and assistance (at Licensor expense) to handle the claim or defend any suit, proceeding or settlement.
This license agreement, including License file, is the entire agreement between Licensee and Licensor relating to its subject matter. It supersedes all prior or contemporaneous oral or written communications, proposals, representations and warranties and prevails over any conflicting or additional terms of any quote, order, acknowledgment, or other communication between the parties relating to its subject matter during the term of this license agreement. No modification of this license agreement will be binding, unless in writing and signed by an authorized representative of each party.
Licensor reserves the right at any time to cease the support of the Software and to alter prices, features, specifications, capabilities, functions, licensing terms, release dates, general availability or other characteristics of the Software.
Licensee agrees that the Licensor can use the licensees logotype in the Licensors information material.
MAINTENANCE AND SUPPORT
Customer support and updates is not provided under this license agreement. At Licensee’s request, Licensor will provide Licensee with his generally available maintenance and support services, including error correction and provision of updates, upgrades, new versions or releases, at Licensor’s normal terms and conditions.
LIMITATION OF LIABILITY
IN NO EVENT SHALL EITHER PARTY BE LIABLE TO THE OTHER FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR TORT DAMAGES OF ANY NATURE OR KIND WHATSOEVER, INCLUDING BUT NOT LIMITED TO LOST PROFITS, IN CONNECTION WITH OR ARISING OUT OF THE USE, SUPPLY OR PERFORMANCE OF THE SOFTWARE, EVEN IF THE OTHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
This Agreement is effective until terminated. Licensee may terminate this Agreement at any time by destroying all copies of the Software. This Agreement will terminate immediately without notice from Licensor if licensee fail to comply with any provision of this Agreement. Upon termination, you must destroy all copies of the Software.
GOVERNING LAW AND ARBITRATION
This Agreement shall be governed by and construed in accordance with the substantive laws of Sweden. All disputes arising in connection with this Agreement shall be finally settled in Stockholm, Sweden, under the Rules of the Arbitration Institute of the Stockholm Chamber of Commerce. The official language in such arbitration proceeding shall be the English language.
The performance by either party of its obligations under this Agreement shall be excused by a period reasonable under the circumstances if the failure or delay thereof is caused by industrial disputes such as act of god, riot, war, accident, embargo or requisition.