Licensed software (LSW) is a single product and is subject to licensing by a single license.
The cost of LSW license depends on the number of users only. No other parameters such as number of operations, transactions, etc., affect the license cost.
The number of users needing full access, and the number of users having access for viewing the operations are determined for the LSW. The number of users having access for viewing is not limited and does not affect the LSW cost.
The minimum LSW cost is determined for 5 users having full access. The Company reserves the right to calculate the minimum LSW cost based on another number of users. Therewith the calculation is made based on the number of parallel users (competitive licensing).
Issue of new releases and versions
The company invests significant funds in the development and issue of new LSW releases and versions, undertaking the required efforts to motive the company clients for the use of new releases and versions.
Official announcement of the new releases and/or versions shall be made through sending out information letters to clients and posting the respective information on the company’s website.
After the official announcement the sale of licenses for the previous releases and versions is ceased.
The new releases and fix packs are issued through the website, from which the client has downloaded the LSW.
The company keeps track of the changes in the versions of third-party software, with which the LSW may integrate. However, the changes in the third-party software are not the company’s obligation as regards the change of the LSW.
LSW Customization
The LSW is customized to meet the requirements of a certain client.
The LSW customization implies:
Development of objects replacing the LSW stock objects
Development of objects supplementing the LSW stock objects
The LSW may be customized by the company employees only on a fee basis.
The respective enhancements are included into the future release as stock objects.
Warranty maintenance. Technical support
The company assumes the warranty obligation to recover the LSW fatal errors. There are no other warranty obligations, except for error recovery within the scope of warranty maintenance.
The warranty period shall be calculated for the LSW in general and includes the entire period of use of the licensing rights.
Within the scope of the LSW technical support the company shall render the following services to its clients:
Recovery of LWS fatal errors
Free of charge provision of new LWS versions and releases within the limits of the earlier acquired LSW
Provision of website access codes
Preparation and placement on the website of LSW updates, which ensure error recovery
Preparation and placement of the LSW new versions and releases on the website
Access to the LSW updates, which are placed on the website
Access to the website section Questions/Answers
The new LSW versions/releases are delivered within the scope of technical support at no extra charge. Therewith the services for installation and replacement of versions/ releases are not included into the technical support obligations.
The technical support implies that the clients update the LWS versions/releases as soon as they are released by downloading them individually through the link https://docs.qameta.io/allure-testops/.
Should the client fail to install a new release, in case of any occurred error the client is obliged to update the LSW up the latest release. Otherwise, the errors in the current release of the client shall be recovered for a fee provided that such error is recovered in the new release.
Model License Agreement
GRANT OF LICENSE
Hereby the Licensor grants to the Licensee the non-exclusive right of use of the Licensed Software specified in the License, and the documentation related to the software, with retaining the Licensor’s right to use the Licensed Software without any restrictions.
The Licensor warrants that (i) the Software will operate in substantial conformity with the applicable documentation and (ii) the Licensor will not materially decrease the functionality or overall security of the Software during the applicable license term.
SCOPE OF LICENSE
The licensing rights of the Licensee shall be valid within the territory of the Licensee’s Country for the head office of the Licensee, as well as for all its branches and divisions during the entire Term of the provided licensing rights.
The licensing rights of the Licensee shall apply to the amendments made to the Licensed Software, if such amendments are made by the Licensor.
The Licensee may make copies of the Licensed Software and documentation exclusively for backup purposes.
The Licensee shall be granted the right of use of the Licensed Software without limiting the number of transactions.
RESTRICTION ON USE
The Licensee’s right of use of the Licensed Software arising out of this License Agreement may not be granted, licensed or otherwise transferred without the prior written consent of the Licensor.
The total number of users may not exceed the number of users specified in the License.
DATA RESPONSIBILITY
The Licensee acknowledges and agrees that the Software may contain a function, which transmits the usage statistics, diagnostic information and usage metainformation to the Licensor. The Licensee may opt out of gathering usage statistics by deactivating that function in the Software settings.
TERM AND RENEWAL
Either Party the latest 30 (thirty) calendar days prior to the expiration date of the licensing rights Term may apply to the other Party with the proposal to extend the licensing rights Term for the same period, provided that the royalty amount will not be reduced in comparison with the conditions of the then current contract. In case of acceptance by the second Party, the licensing rights Term shall be deemed as properly extended, and the respective changes shall be made in the Contract.
WARRANTY DISCLAIMER
NOTWITHSTANDING ANYTHING IN THESE TERMS OR ELSEWHERE TO THE CONTRARY AND TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW: THE LICENSOR PROVIDES THE SOFTWARE ON AN “AS IS” BASIS, WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. THE LICENSOR AND OUR AFFILIATES, SUBCONTRACTORS, AGENTS, AND VENDORS (INCLUDING THIRD PARTY SERVICE PROVIDERS) HEREBY DISCLAIM THE WARRANTY OF MERCHANTABILITY, NON-INFRINGEMENT, FITNESS FOR PARTICULAR PURPOSE OR ACCURACY, OR ANY WARRANTIES EITHER EXPRESS OR IMPLIED BY TRADE USAGE, IN CONNECTION WITH THE DESIGN, SALE, INSTALLATION, OR USE OF ANY OF THE LICENSED SOFTWARE.
NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN, THE LICENSOR DOES NOT WARRANT THAT THE LICENSE OR ANY SERVICES RELATED THERETO WILL MEET YOUR REQUIREMENTS, AND THAT THEY WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT THE SOFTWARE IS FREE FROM VIRUSES OR OTHER HARMFUL CODE. THE LICENSOR AND IT’S VENDORS FURTHER DISCLAIM ANY AND ALL LIABILITY OR RESPONSIBILITY FOR ANY DELAYS, FAILURES, ALTERATION, LOSS, OR OTHER DAMAGES THAT YOU AND/OR YOUR DATA (INCLUDING CONTENT) MAY SUFFER, THAT ARE BEYOND OUR CONTROL.
The Licensee acknowledges and agrees that any information or advice given by the Licensor or its personnel shall not be deemed to create or in any way increase the scope of the warranties set forth herein and that the Licensee shall not rely on any such information or advice.
The Licensor further disclaims representations, warranties or assurances that the products are designed for, or suitable for use in: (a) any aircraft or automobile, including any safety or navigation devices related thereto; (b) any life support or other healthcare delivery systems or medical devices; (c) any nuclear facilities; (d) any weapon systems or other military or policing devices; or (e) any other high risk environment or manner that could reasonably be expected to result in personal injury, death or property damage ("high risk use"). The Licensee accepts all disclaimers related to any high risk use and takes sole responsibility for, and agrees to indemnify and hold harmless the Licensor and its personnel from any claim arising from, customer's high risk use.
LIABILITY
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL THE LICENSOR BE LIABLE FOR: ANY LOSS OF PRODUCTION, LOSS OF PROFITS OR REVENUE, LOSS OF USE, LOSS OF DATA OR CONTENT, BUSINESS INTERRUPTION, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR FOR ANY SPECIAL, INDIRECT, PUNITIVE, INCIDENTAL, OR CONSEQUENTIAL DAMAGES HOWEVER CAUSED, AND ON ANY THEORY OF LIABILITY, WHETHER FOR BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, INCURRED BY ANY PERSON AS A RESULT OF OR IN CONNECTION WITH THE USE OF THE LICENSE, EVEN IF THE LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IF DESPITE THE TERMS OF THIS AGREEMENT, THE LICENSOR IS DEEMED LIABLE, THEIR TOTAL AGGREGATE LIABILITY FOR ANY CLAIMS, ARISING OUT OF OR RELATING TO THIS AGREEMENT SHALL NOT EXCEED THE TOTAL AMOUNT THE LICENSEE PAID FOR THE RESPECTIVE LICENSE IN THE 12 MONTHS PRECEDING THE EVENT THAT GAVE RISE TO THE CLAIM.
The sole and exclusive remedy for the Licensee is for the Licensor to use reasonable efforts to correct any reproducible error confirmed by the Licensor. This limitation on the Licensor’s warranty and liability is to be liberally construed in favor of the Licensor, eliminating any other liability beyond the obligation to correct reproducible errors.
The foregoing limited warranties do not apply if the Software:
Has been altered, except by the Licensor or a Licensor-designated representative or in accordance with Licensor’s instructions;
Has not been installed, operated, or maintained in accordance with Licensor’s instructions;
Has been operated outside the scope of this Agreement;
Has been affected by computer viruses and other changes to the operating system or environment which adversely affect the software.
AMENDMENTS
The Licensor reserves the right, from time to time and in its discretion, to make changes to this License Agreement. The modified Agreement will become effective within fifteen (15) days of being posted to the website. By continuing to use the licensed software, you agree to be bound by the revised terms. If you do not agree to the modifications, your sole remedy is to terminate the Agreement.