License Agreement

NOTICE TO ALL USERS: CAREFULLY READ THE FOLLOWING LEGAL AGREEMENT ("AGREEMENT"), FOR THE LICENSE OF EVIWARE [soapUI] (called "SOFTWARE" – meaning (a) all of the information with which this agreement is provided, in accordance with the scope of the respective license, including but not limited to (i) eviware or third party software files and other computer information; (ii) sample files; (iii) related explanatory written materials and files ("Documentation"); and (b) any corrections, bug fixes, enhancements, updates, or other modifications and copies, and upgrades, updates and additions to, such information, provided to you by eviware software ab at any time.) PRODUCED BY EVIWARE SOFTWARE AB, a company incorporated under the laws of Sweden ("EVIWARE SOFTWARE AB").

IF YOU HAVE PURCHASED THIS SOFTWARE VIA THE INTERNET BY CLICKING THE ACCEPT BUTTON, YOU (EITHER AN INDIVIDUAL OR A SINGLE ENTITY) CONSENT TO BE BOUND BY AND BECOME A PARTY TO THIS AGREEMENT. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, CLICK THE BUTTON THAT INDICATES THAT YOU DO NOT ACCEPT THE TERMS OF THIS AGREEMENT AND DO NOT INSTALL THE SOFTWARE.

DOWNLOAD, INSTALL OR USE THIS SOFTWARE.
IN ACCORDANCE WITH THE LEGISLATION, REGARDING EVIWARE SOFTWARE INTENDED FOR INDIVIDUAL CONSUMERS PURCHASED ONLINE FROM THE EVIWARE SOFTWARE AB OR ITS PARTNER'S INTERNET WEB SITE, CUSTOMER SHALL HAVE A PERIOD OF FOURTEEN (14) DAYS AS FROM THE DELIVERY OF PRODUCT TO MAKE RETURN OF IT TO THE MERCHANT FOR EXCHANGE OR REFUND, PROVIDED THE SOFTWARE IS NOT UNSEALED.


1.LICENSE
License Grant. Subject to the payment of the applicable license fees, and subject to the terms and conditions of this Agreement, Eviware Software AB hereby grants you the non-exclusive, non-transferable right to use one copy of the specified version of the Software and the accompanying documentation (the "Documentation") for the term of this Agreement solely for your own use. You may install one copy of the Software on one computer. You may have another written agreement directly with Eviware Software AB (e.g., a volume license agreement) that supplements or supersedes all or portions of this agreement.

1.1 Use. The Software is licensed as a single product; it may not be used on more than one computer or by more than one user at a time, except as set forth in this Section.
1.1 a) soapUI Pro is for internal business purposes only.

1.1 b) soapUI ProPersonal Edition is for personal use only. You
shall not use the software in a commercial capacity or enterprise. You shallnot use the software as a tool for commercial services.

1.1 c) soapUI Pro Open Source Edition is for non commercial Open
Source use only. You shall not use the software in a commercial capacity or enterprise. You shall not use the software as a tool for commercial
services

1.1 d) soapUI Pro Courtesy Edition is for non commercial use only. You shall not use the software in a commercial capacity or enterprise. You shall not use the software as a tool for commercial services.

1.1 e) soapUI Pro Trial Edition is for non commercial use only. You shall not use the software in a commercial capacity or enterprise. You shall not use the software as a tool for commercial services.

1.1.1 The Software is "in use" on a computer when it is loaded into the temporary memory (i.e., random-access memory or RAM) or installed into the permanent memory (e.g., hard disk, CD-ROM, or other storage device) of that computer. This license authorizes you to make only as many back-up copies of the Software as are necessary for its lawful use and solely for back-up purposes, provided that all such copies contain all of the Software's proprietary notices. You shall maintain records of the number and location of all copies of the Software and Documentation and will take all reasonable precautions to protect the Software from unauthorized copying or use.

1.1.2 If you sell the computer on which the Software is installed, you will ensure that all copies of the Software have been previously deleted.

1.1.3 You shall not decompile, reverse engineer, disassemble or otherwise reduce any part of this Software to a humanly readable form nor permit any third party to do so. The interface information necessary to achieve interoperability of the Software with independently created computer programs will be provided by eviware Software AB by request on payment of its reasonable costs and expenses for procuring and supplying such information. In the event that eviware Software AB notifies you that it does not intend to make such information available for any reason, including (without limitation) costs, you shall be permitted to take such steps to achieve interoperability, provided that you only reverse engineer or decompile the Software to the extent permitted by law.

1.1.4 You shall not make error corrections to, or otherwise modify, adapt, or translate the Software, nor create derivative works of the Software, nor permit any third party to copy (other than as expressly permitted herein).

1.1.5 You shall not rent, lease or lend the Software to any other person, nor transfer or sub-license your license rights to any other person.

1.1.6 You shall not use this Software in automatic, semi-automatic or manual tools designed to create virus signatures, virus detection routines, any other data or code for detecting malicious code or data.

1.2
Use of some third party materials included in the Software may be subject to other terms and conditions typically found in a separate license agreement or "Read Me" file located near such materials.

1.3
Licensee may not as, an “Application Service Provider” incorporate the source code or binaries as an application that is distributed to unauthorized users unless:

a) Licensee enters into a separate written royalty agreement with the licensor, to be negotiated and agreed upon by the parties at such time, will include a schedule of royalty fees to be paid to the Licensor based on such distribution to third parties or,
b) Licensee requires each of Licensee’s third party application clients, to purchase a license for the use of the Software directly from the Licensor.

This section 2 below is only applicable to licensees of soapUI Professional Edition and subject to that a proper payment has been received. soapUI Pro Personal Edition, soapUI Pro Open Source Edition, soapUI Pro Courtesy Edition and soapUI Pro Trial Edition are provided without support

2. SUPPORT

(i) eviware Software AB will provide you with the support services ("Support Services") as defined below for a period of one year (12 months) since the moment of activation on payment of its then current support charge. It shall be at the absolute discretion of eviware Software AB whether or not you have satisfied this condition for the provision of Support Services.
Support Services shall become available after Software activation. eviware Software AB's technical support service is also entitled to demand from the End User additional registration for identifier awarding for Support Services rendering.
Until Software activation and/or obtaining of the End User identifier (Customer ID) technical support service renders only assistance in Software activation and registration of the End User.

(ii) Support is given to the individual licensee and the individual alone. If you share password for the support services or password protected material including tutorials and support files or ask support questions on behalf of an unlicensed individual, the licensee shall be deemed to have breached this Agreement and eviware Software AB is entitled to terminate support immediately without reimbursing the Licensee.
It shall be at the absolute discretion of eviware Software AB to determine whether a breach has occurred.

(iii) Support Services will terminate unless renewed annually by payment of the then-current annual support charge and by successful completion of the Support Services Subscription Form again.

(iv) "Support Services" means:
(a) Tutorials
(b) Example projects and other downloadable material
(b) Free software updates, including version upgrades;
(c) Technical support via Internet;
(d) Support Services are provided only if and when you have the latest version of the Software as available on the official eviware Software AB website (www.eviware.com) installed on your computer.

3. PRIVACY POLICY
By agreeing to this User License Agreement you consent to the terms of the eviware Software AB Privacy Policy, which is deposited on www.eviware.com, and you explicitly consent to the transfer of data to other countries outside your own as set out in the Privacy Policy. If you are a licensee to soapUI Profesional Open Source Edition you further agree Eviware Software AB reserves the rights to use your company name or project in marketing material and that Eviware Software AB reserve the rights to revoke the soapUI Profesional Open Source License if you no longer meet conditions of an Opens Source License holder.


4 OWNERSHIP RIGHTS

The Software is protected by copyright laws. eviware Software AB and its suppliers own and retain all rights, titles and interests in and to the Software, including all copyrights, patents, trademarks and other intellectual property rights therein. Your possession, installation, or use of the Software does not transfer any title to the intellectual property in the Software to you, and you will not acquire any rights to the Software except as expressly set forth in this Agreement.

5. CONFIDENTIALITY

You agree that the Software and the Documentation, including the specific design and structure of individual programs constitute confidential proprietary information of eviware Software AB. You shall not disclose, provide, or otherwise make available such confidential information in any form to any third party without the prior written consent of eviware Software AB. You shall implement reasonable security measures to protect such confidential information, but without limitation to the foregoing shall use best endeavours to maintain the security of the activation code.

This section 6 below is only applicable to licensees of soapUI Pro Edition and soapUI Pro personal Edition subject to that a proper payment has been received. soapUI Pro Open Source Edition, soapUI Pro Courtesy Edition and soapUI Pro Trial Edition are provided without warranty


6. LIMITED WARRANTY

(i) eviware Software AB warrants that for six (6) months from first download or installation the Software purchased on a physical medium will perform substantially in accordance with the functionality described in the Documentation when operated properly and in the manner specified in the Documentation.

(ii) You accept all responsibility for the selection of this Software to meet your requirements. eviware Software AB does not warrant that the Software and/or the Documentation will be suitable for such requirements nor that any use will be uninterrupted or error free.

(iii) Your sole remedy and the entire liability of eviware Software AB for breach of the warranty at paragraph (i) will be at eviware Software AB option, to repair, replace or refund of the Software if reported to eviware Software AB or its designee during the warranty period. You shall provide all information as may be reasonably necessary to assist the Supplier in resolving the defective item.

(iv) The warranty in (i) shall not apply if you (a) make or cause to be made any modifications to this Software without the consent of eviware Software AB, (b) use the Software in a manner for which it was not intended, or (c) use the Software other than as permitted under this Agreement.

(vi) The warranties and conditions stated in this Agreement are in lieu of all other conditions, warranties or other terms concerning the supply or purported supply of, failure to supply or delay in supplying the Software or the Documentation which might but for this paragraph (vi) have effect between the eviware Software AB and your or would otherwise be implied into or incorporated into this Agreement or any collateral contract, whether by statute, common law or otherwise, all of which are hereby excluded (including, without limitation, the implied conditions, warranties or other terms as to satisfactory quality, fitness for purpose or as to the use of reasonable skill and care).

7. LIMITATIONS OF LIABILITY.

(i) Nothing in this Agreement shall exclude or limit eviware Software AB's liability for (a) the tort of deceit, (b) death or personal injury caused by its breach of a common law duty of care or any negligent breach of a term of this Agreement, or (c) any other liability which cannot be excluded by law.

(ii) Subject to paragraph (i) above, eviware Software AB shall bear no liability (whether in contract, tort, restitutionand restitution or otherwise) for any of the following losses or damage (whether such losses or damage were foreseen, foreseeable, known or otherwise):
(a) Loss of revenue;
(b) Loss of actual or anticipated profits (including for loss of profits on contracts);
(c) Loss of the use of money;
(d) Loss of anticipated savings;
(e) Loss of business;
(f) Loss of opportunity;
(g) Loss of goodwill;
(h) Loss of reputation;
(i) Loss of, damage to or corruption of data, or:
(j) Any indirect or consequential loss or damage howsoever caused (including, for the avoidance of doubt, where such loss or damage is of the type specified in paragraphs (ii), (a) to (ii), (i).

(iii) Subject to paragraph (i), the liability of eviware Software AB (whether in contract, tort, restitution or otherwise) arising out of or in connection with the supply of the Software shall in no circumstances exceed a sum equal to the amount equally paid by you for the Software.

8. UNDERSTANDING
This Agreement contains the entire understanding between the parties with respect to the subject matter hereof and supersedes all and any prior understandings, undertakings and promises between you and eviware Software AB, whether oral or in writing, which have been given or may be implied from anything written or said in negotiations between us or our representatives prior to this Agreement and all prior agreements between the parties relating to the matters aforesaid shall cease to have effect as from the Effective Date (Effective Date - meaning the date from which payment of the software has been received by eviware software ab.)

9. U.S. GOVERNMENT RESTRICTED RIGHTS

The Software has been developed entirely at private expense and is provided as "Commercial Computer Software" or "restricted computer software". Use, duplication, or disclosure by the United States Government is subject to restrictions as set forth in subparagraph (c) (1) (ii) of the Rights in Technical Data and Computer Software clause at DFARS 252.227-7013 or subparagraphs (c) (1) and (2) of the Commercial Computer Software-Restricted Rights clause at 48 CFR 52.227-19, and successor thereof, as applicable.