This agreement is a legal agreement between you ("you") and Applitools Ltd. and its affiliates (“Applitools”). If you do not agree to this agreement do not use the software.
Applitools hereby grants you a limited, free of charge, revocable, non-transferable, non-sublicensable, non-exclusive right to use the Applitools software (“Software”) in object code format for the sole purpose of testing your open source project(s). The above license is subject to the following conditions:
The number of Checkpoints permitted shall be limited as follows: (i) up to 10,000 visual Checkpoints per month, unless set forth otherwise. “Checkpoint” means a single execution of visual validations of a Target Application’s page image using the Service so that every execution of a visual validation will be counted as one (1) Checkpoint. The maximum number of Concurrent Executions of the Service shall be ten (10) per account, during the Term ( "Concurrent Executions Limitation"). “Concurrent Executions” mean the simultaneous opening of more than one test from the Your account.
If You exceed the Checkpoints Limitation or the Concurrent Executions Limitation, the Company may, at its sole discretion, take the following actions: (a) reduce certain functionalities or reduce the performance of the Service, including response times of the Services, until the breach is corrected; or (b) if the breach of Checkpoints Limitation or Concurrent Executions Limitation occurs more than three (3) times, suspend the account and terminate this Agreement with immediate effect.
You may not, nor permit anyone else to, directly or indirectly: (i) distribute, rent, lease, market, sublicense, resell or otherwise transfer the Software, (ii) copy or modify the Software either alone or in conjunction with any other product or program, (iii) decompile, disassemble or reverse engineer all or any portion of the Software, except and only to the extent, that such activity is expressly permitted by applicable law notwithstanding this limitation, (iv) integrate, bundle and/or combine the Software with your or any other party’s product and/or software except for your internal usage, or (v) publish reviews of the Software without the prior written consent of Applitools. You agree that Applitools may audit your use of the Software for compliance with this Agreement at any time, upon reasonable notice.
The software and any support related thereto (if provided by applitools at Applitools’s sole discretion) are provided "as is", without warranty of any kind, express or implied, including but not limited to the warranties of merchantability, title, fitness for a particular purpose, noninfringement and any warranties arising out of course of dealing or usage of trade. Applitools does not warrant that the software will meet your requirements or that the software's operation will be secure, uninterrupted, error-free, free of viruses, bugs, worms, other harmful components or other program limitations.
In no event shall Applitools or its affiliates be liable for any direct or indirect, consequential, special, punitive, exemplary or incidental damages of any kind (including but not limited to, any loss or damage to data, business earnings) or damages relating to lost profits, goodwill or security breaches, whether in an action of contract, tort or otherwise, arising from, out of or in connection with the software or the use or other dealings in the software.
All intellectual property rights in and to the Software (including any improvements, derivative works and updates, thereof) and in any feedback which may be provided by you with respect to the Software ("Feedback"), are and shall be owned solely and exclusively by Applitools.
This Agreement will be governed by and construed in accordance with the laws of the State of California, without regard to its conflict of laws principles and without regard to the United Nations Convention on Contracts for the International Sale of Good. Any legal action or proceeding relating to this Agreement shall be instituted in the competent courts of San Francisco or Santa Clara, California.