EULA

 
testmate
End User License Agreement
November 2018
This End-User License Agreement (this “Agreement”) is between you, as either an individual or as an Entity, and German Quality Technologies GmbH (“testmate”).

End user license agreement
This End User License Agreement (EULA) contains the terms and conditions relating to the use of this Software. This EULA restricts your rights with respect to this Software. You should read this EULA carefully and treat it as an important feature of this Software.

Agreement between you and German Quality Technologies GmbH
This EULA is a legally binding agreement between you and German Quality Technologies GmbH, Schornstraße 10, 81669 Munich, Germany. You intend to be legally bound by this EULA to the same extent as if you and German Quality Technologies GmbH physically signed this EULA. By obtaining a licence, test account or otherwise using this Software, you agree to be bound by the terms and conditions contained in this EULA. If you do not agree to all the terms and conditions of this EULA, you may not install or use the Software.

Definition of “Software”
This EULA governs your use of German Quality Technologies GmbH Software products referred to as “Software”. The term “Software” includes, in addition to the scope delivered by German Quality Technologies GmbH:

1) All revisions, UPDATES and/or UPGRADES for this purpose
2) All data, images, executable files, databases, database systems, computer Software or similar items normally distributed or used with computer Software products.
3) All related media, documentation (including physical, electronic and online documents) and printed materials.

Licence
The software is not sold to you. Instead, the Software is licensed to you – and only to you – on a non-exclusive basis for use under the terms of this Agreement. German Quality Technologies GmbH retains all title and ownership in and to the Software and all rights not expressly granted to you.

Subject to your full compliance with all terms and conditions of this Agreement, German Quality Technologies GmbH grants to you a revocable, nontransferable, nonsublicensable, nonexclusive, limited right and license to use the Products, in object code form only, and the accompanying documentation in accordance with the accompanying documentation and only as authorized by this Agreement, for the Term you selected in your Order Form. For purposes of this Agreement “Products” includes any updates, enhancements, modifications, revisions or additions to the Products made by German Quality Technologies GmbH and made available to you.

In addition to the Products, German Quality Technologies GmbH offers other products and services, which you can view by visiting www.testmate.de .
Your license allows you to run the Products only as received for the number of authorized users and nodes on devices owned, leased or controlled by you.

Payment
You have an active license to use the Products only after you have paid the service fee. German Quality Technologies GmbH reserves the right to increase license fees or service fees for its Products.

Restrictions
You shall not, nor permit anyone else to, directly or indirectly to copy, modify, or distribute the Products or license key; reverse engineer, disassemble, decompile or otherwise attempt to discover the source code or structure, sequence and organization of Products, in whole or in part (except that this restriction shall not apply to the limited extent restrictions on reverse engineering are prohibited by applicable law);

You agree, guarantee and assure that you will not use the products:
(i) to violate the intellectual property or proprietary rights, or rights of publicity or privacy, of any third party;
(ii) to violate any applicable federal, state or local law, statute, ordinance or regulation;
(iii) to disseminate, transfer or store information or materials in any form or format (“Content”) that are harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, or otherwise objectionable or that otherwise violate any law or right of any third party;

(iv) to disseminate any Software viruses or any other computer code, files or programs that may interrupt, destroy or limit the functionality of any computer Software or hardware or telecommunications equipment, or violate the security of any computer network; or
(v) to run Maillist, Listserv, “bots,” “robots,” any form of auto-responder, or “spam,” or any processes that run or are activated while you are not logged in. You, not testmate, remain solely responsible for all Content that you upload, post, e-mail, transmit, or otherwise disseminate using, or in connection with, the Products. You acknowledge that all Content you access through use of the Products is accessed at your own risk and you will be solely responsible for any damage or liability to any party resulting from such access.

No transfer of the license
You may not transfer your license of this software to anyone. In addition, you may not transfer, in whole or in part, any rights granted to you by this Agreement to any third party.

Updates
This License does not grant you any right to any extensions, bug fixes, program corrections or updates to the Software – nor any support services. Updates are defined as new versions of the Software in which the major version number has not changed. If the major version number is changed, this new version of the software is defined as Upgrade. Available Updates will be made available free of charge by German Quality Technologies GmbH.

Cancellation
The license granted to you is valid until termination. Each contracting party has the right to terminate the contract with 1 month’s notice to the end of the minimum contract term without giving reasons. The right to extraordinary termination for good cause, in particular repeated breach of the main contractual obligations, remains unaffected. The termination is only effective if it is made in written form.
In addition, the validity of your license is automatically terminated (even without notice from German Quality Technologies GmbH) if you violate any term or condition of this agreement. The terms and conditions of this agreement, which protect the property rights of German Quality Technologies GmbH, shall remain in force even after termination.

Disclaimer
German Quality Technologies GmbH does not guarantee that the functions contained in the software will meet your requirements and/or that the operation of the software will be uninterrupted, error-free or free of malicious code (“malicious code” means any program code developed to contaminate other computer programs and/or computer data), Consume computer resources, modify / delete / record or transmit data – or in any other way interfere with the normal operation of computers, computer systems or computer networks, including viruses, Trojan horses, droppers, worms, logic bombs and the like).

This software is delivered as is. You assume full responsibility for the selection of the software to achieve your future results and for the installation, use and results you obtain from the software. You also assume full risk regarding to the quality and performance of the Software.

Should the software prove to be faulty, you – and not the company German Quality Technologies GmbH– shall pay for all costs for all necessary service, repair and/or correction services.
In no event shall German Quality Technologies GmbH be liable for any direct, indirect, incidental, special, consequential or punitive damages or any damages whatsoever, including, without limitation, damages for lost profits, lost revenues, lost savings or lost data, arising out of or in connection with this software or this agreement, even if German Quality Technologies GmbH have been advised of the possibility of such damages. In any case, liability is limited to the amount paid for the software, regardless of the type of damage.

Final clause
This Agreement binds you, your employees, employers, contractors, agents, successors and assigns.
If any term or condition of this Agreement is or becomes invalid, all other terms and conditions of this Agreement shall remain in full force and effect. In such a case, both parties agree to replace the invalid term and/or condition with a valid term and/or condition that is as similar as possible in its legal, economic and technical meaning.

Place of jurisdiction is Germany.

You expressly acknowledge that you have read this end user Licence agreement and understand the rights, obligations, terms and conditions set forth herein.

By clicking on the accept button and/or continuing to install or otherwise use the products, you expressly consent to the bound by its terms and conditions and grant to German Quality Technologies GmbH the rights set forth herein.

01.11.2018
German Quality Technologies GmbH
81669 Munich
Germany