Legal – Storybook SDK Beta Software License Agreement
By clicking the “accept”, “I agree” (or similar) button and/or downloading, installing, accessing and/or using the Applitools StoryBook SDK Software and its related services (the “Beta Software“), you expressly acknowledge and agree that, as of such date (the “Effective Date“), you are entering into a legal agreement with Applitools Ltd., and its affiliates (“Applitools“, “We“, “Us” or “Our“), and understand and agree to comply with, and be legally bound by, the terms and conditions of this Beta License Agreement, as wells as Our privacy policy currently available at: https://applitools.com/privacy-policy which may be updated from time to time (together, the “Agreement“). You hereby waive any applicable rights to require an original (non-electronic) signature or delivery or retention of non-electronic records, to the extent not prohibited under applicable law. If you do not agree to be bound by this Agreement, please do not download, install, access or use the Beta Software.
PLEASE READ THE FOLLOWING CAREFULLY BEFORE DOWNLOADING, INSTALLING, ACCESSING AND/OR USING THE BETA SOFTWARE.
You warrant and represent that you have the right to enter into this Agreement, on behalf of your company or other entity, if applicable (“You” or “Your“), and have obtained all necessary consents for the provision of any materials and data to Applitools for use in accordance with this Agreement.
- BETA DISCLAIMER.
- THE PURPOSE OF THIS AGREEMENT IS THE TESTING AND EVALUATION OF THE BETA SOFTWARE. THE BETA SOFTWARE CONSISTS OF PRE-RELEASE CODE, DOCUMENTATION AND SPECIFICATIONS AND IS NOT AT THE LEVEL OF PERFORMANCE AND COMPATIBILITY OF THE FINAL, GENERALLY AVAILABLE, SOFTWARE OFFERING. THE BETA SOFTWARE MAY NOT OPERATE CORRECTLY AND MAY BE SUBSTANTIALLY MODIFIED PRIOR TO FIRST COMMERCIAL RELEASE. YOUR USE OF THE BETA SOFTWARE IS AT YOUR (AND YOUR COMPANY’S) OWN RISK.
- MAXIMUM AMOUNT OF USERS OF THE BETA SOFTWARE: THE LICENSE FOR THE BETA SOFTWARE IS LIMITED TO THE FIRST ONE THOUSAND (1,000) USERS AND APPLITOOLS MAY STOP PROVIDING THE BETA SOFTWARE AT ANY TIME AND FOR ANY REASON.
- GRANT OF LIMITED LICENSE.
Subject to Your compliance with the terms of this Agreement, Applitools grants You a limited, personal, nonexclusive, non-assignable and nontransferable license to use the Beta Software solely for evaluation, review and feedback purposes (the “License“), all for a period starting as of the Effective Date and ending on 23:59 PM, December 31, 2018 (the “Beta Period“). For clarity, the License does not allow any use of the Beta Software for any Commercial Purpose whatsoever. “Commercial Purpose” means using the Beta Software for any for commercial advantage or monetary compensation.
Unauthorized use of the Beta Software or otherwise failing to comply with this Agreement will result in automatic immediate termination of this Agreement and will make available to Applitools all legal remedies. Without derogating from the above, Applitools may terminate this Agreement at any time and for any reason.
- NO FEES DURING THE BETA PERIOD; FULL PRICE AT THE END OF THE BETA PERIOD.
During the Beta Period no fees shall be payable by You for the use of the Beta Software; Any use that You will make following the end of the Beta Period (starting on January 1, 2019) of the Beta Software, will be charged at Our then-current rates.
- YOUR OBLIGATIONS.
During the Beta Period You will:- Fully cooperate with Applitools and report to the Applitools product manager on a weekly basis and discuss feedback in connection with the Beta Software; and
- Allow Applitools’ personnel reasonable access to the Beta Software for service and observation purposes.
- OWNERSHIP.
The Beta Software, including its related documentation, is solely owned by Applitools and is protected by intellectual property laws and international treaty provisions. All title, right, copyright (and any other applicable intellectual property right), and interest in and to the Beta Software, including, inter alia, all documentation, translations, enhancements, know-how, improvements or other modifications made to or derived from the Beta Software, made by Applitools or any made by You to the Software (the “Applitools IP“) shall be exclusively owned by Applitools. For clarity, such shall not imply that Applitools owns the data you insert to the Beta Software. In addition, if You contact Applitools with feedback data (e.g., questions, comments, feedback data, reports, suggestions or the like) regarding the Beta Software (collectively, “Information“), such Information (including all intellectual property rights in such Information) shall be deemed the exclusive property of Applitools. You hereby irrevocably transfer and assign to Applitools all intellectual property rights to such Information and Applitools IP, including but limited to, rights associated with patents, works of authorship, including copyrights, rights relating to the protection of trade secrets and confidential information, design rights and industrial property rights and any other proprietary rights relating to intangible property (including trademarks) and all goodwill associated with the same; and waive any and all moral rights that You may have in respect thereto.
The provisions of this Section shall remain in full force and effect after termination or expiration of this Agreement for whatever reason.
- LIMITATION OF LIABILITY AND WARRANTY.
THE BETA SOFTWARE AND ITS RELATED DOCUMENTATION ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND FOR EVALUATION PURPOSES ONLY. APPLITOOLS DISCLAIMS ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON INFRINGEMENT, WITH RESPECT TO THE BETA SOFTWARE, AND ANY ACCOMPANYING HARDWARE, SOFTWARE AND/OR DOCUMENTATION. IN NO EVENT SHALL APPLITOOLS, OR ANY RELATED THIRD PARTY BE LIABLE FOR ANY CONSEQUENTIAL, SPECIAL OR INCIDENTAL DAMAGES, OR DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR OTHER PECUNIARY LOSS ARISING OUT OF THE USE OF OR INABILITY TO USE THE BETA SOFTWARE. APPLITOOLS’ TOTAL AGGREGATE LIABILITY FOR ANY AND ALL DIRECT DAMAGES AND LOSSES THAT ARISE UNDER OR IN CONNECTION WITH THIS AGREEMENT SHALL NOT IN ANY CIRCUMSTANCE EXCEED THE AMOUNT OF 100.00 (ONE HUNDRED) UNITED STATES DOLLARS. THE FOREGOING LIMITATIONS AND EXCLUSIONS IN THIS SECTION 6 SHALL APPLY: (I) EVEN IF APPLITOOLS HAS BEEN ADVISED OF THE POSSIBILITY OF ANY DAMAGES OR LOSSES; (II) EVEN IF ANY REMEDY SET FORTH HEREIN FAILS OF ITS ESSENTIAL PURPOSE; AND (III) REGARDLESS OF THE BASIS OR THEORY OF LIABILITY.
The provisions of this Section shall remain in full force and effect after termination or expiration of this Agreement for whatever reason.
- RESTRICTED USE.
- License Restrictions. Unless otherwise explicitly specified and permitted under this Agreement, You may not, directly or indirectly (i) copy, distribute, modify, transfer, sell, sublicense, reverse engineer, decompile or disassemble the Beta Software provided by Applitools; (ii) remove from view any copyrights legend, trademark or confidentiality notice appearing on the Beta Software or its output; (iii) use any robot, spider, scraper, or other automated means to access, use or monitor the Beta Software for any purpose; (iv) place the Beta Software onto a server so that it is accessible via a public network; (v) develop methods to enable unauthorized parties to use the Beta Software, or to develop any other Beta Software containing any of the concepts and ideas contained in the Beta Software, work around any technical limitations in the Beta Software, or use any tool to enable features or functionalities that are otherwise disabled in the Beta Software, and/or (vi) publish or make available in any manner, other than to Applitools, any reviews, opinions or impressions about, or experiences with, the Beta Software, or any features of the Beta Software, including, by way of illustration and not limitation, by publicizing them in blogs or posting screenshots on the internet.
- Additional Restrictions.
- The beta allows access only for the Eyes StoryBook SDK. It does not include free access to Applitools Eyes Selenium SDK or any other SDKs. In order to use other SDKs, a valid Applitools Eyes license is required.
- Maximum number of Checkpoints You are allowed to perform per month, during the Beta Period: 50,000. “Checkpoint” means a single execution of visual validations of an application page using the Beta Software so that every execution of a visual validation will be counted as one (1) ‘checkpoint’.
- Maximum number of Concurrent Runs You are allowed to perform per month, during the Beta Period: 10. “Concurrent Executions” mean the simultaneous opening of more than one test from the Your account.
- Maximum number of accounts for the use of the Beta Software You are allowed to create: 1.
- Maximum number of accounts within the same organization for the use of the Beta Software during the Beta Period: 10
- The registration must be entered by a human user and not a robot/automated script.
- Data Retention. We shall retain any data You provide Us for a period of the first 6 months starting from the Effective Date for no additional charge. Following such 6 month period, We will charge for such data retention at Our then-current rates.
- License Restrictions. Unless otherwise explicitly specified and permitted under this Agreement, You may not, directly or indirectly (i) copy, distribute, modify, transfer, sell, sublicense, reverse engineer, decompile or disassemble the Beta Software provided by Applitools; (ii) remove from view any copyrights legend, trademark or confidentiality notice appearing on the Beta Software or its output; (iii) use any robot, spider, scraper, or other automated means to access, use or monitor the Beta Software for any purpose; (iv) place the Beta Software onto a server so that it is accessible via a public network; (v) develop methods to enable unauthorized parties to use the Beta Software, or to develop any other Beta Software containing any of the concepts and ideas contained in the Beta Software, work around any technical limitations in the Beta Software, or use any tool to enable features or functionalities that are otherwise disabled in the Beta Software, and/or (vi) publish or make available in any manner, other than to Applitools, any reviews, opinions or impressions about, or experiences with, the Beta Software, or any features of the Beta Software, including, by way of illustration and not limitation, by publicizing them in blogs or posting screenshots on the internet.
- CONFIDENTIALITY.
- Any information related to the Beta Software and the evaluation under this Agreement (including Information), in whatever form, shall be considered Applitools’ confidential non-public confidential information (“Applitools Confidential Information“). You agree not to use the Applitools Confidential Information for any purposes, except as necessary to fulfill Your obligations under this Agreement. You shall not disclose the Applitools Confidential Information, except to those of Your employees who have a need to know the Applitools Confidential Information in order to fulfill Your obligations under this Agreement, provided such employees shall be under a written contractual restriction in connection with the Applitools Confidential Information that is no less restrictive and protective than the terms of this Section. Any non-public information you provide to Us will be considered Your confidential information and We shall not disclose it to any third party (except to Our employees with a need to know such information in order to fulfill the purpose of this Agreement) without Your prior written consent (“Your Confidential Information”; with the Applitools Confidential Information, collectively, the “Confidential Information”).
- Each party agree that You shall hold the other party’s applicable Confidential Information in confidence and shall safeguard the other party’s applicable Confidential Information with at least the same degree of care that such party takes to protect its own information of a similar nature, which in no event shall be less than a reasonable standard of care.
- Each party agrees and acknowledges that money damages may not be a sufficient remedy for any breach or threatened breach of the provisions of this Section, and that the disclosing party shall be entitled to seek specific performance or injunctive relief (as appropriate) as a remedy for any breach or threatened breach thereof, in addition to any other remedies available at law or in equity.
- Any information related to the Beta Software and the evaluation under this Agreement (including Information), in whatever form, shall be considered Applitools’ confidential non-public confidential information (“Applitools Confidential Information“). You agree not to use the Applitools Confidential Information for any purposes, except as necessary to fulfill Your obligations under this Agreement. You shall not disclose the Applitools Confidential Information, except to those of Your employees who have a need to know the Applitools Confidential Information in order to fulfill Your obligations under this Agreement, provided such employees shall be under a written contractual restriction in connection with the Applitools Confidential Information that is no less restrictive and protective than the terms of this Section. Any non-public information you provide to Us will be considered Your confidential information and We shall not disclose it to any third party (except to Our employees with a need to know such information in order to fulfill the purpose of this Agreement) without Your prior written consent (“Your Confidential Information”; with the Applitools Confidential Information, collectively, the “Confidential Information”).
Each party acknowledges and confirms that the confidentiality obligations under this Section shall survive the Beta Period and continue to be in full force and effect after the termination of this Agreement.
- OPEN SOURCE SOFTWARE.
Portions of the Beta Software include third party open source software that is subject to third party terms and conditions (“Third Party Terms“). A list of any third party open source software and related Third Party Terms is available in the Beta Software notice.txt file. If there is a conflict between any Third Party Terms and the terms of this Agreement, then the Third Party Terms shall prevail but solely in connection with the related third party open source software. For clarity, Applitools makes no warranty or indemnity hereunder with respect to any third party open source software - GENERAL.
This Agreement will be governed by the laws of State of California and any claim under this Agreement shall be brought to the applicable courts in California, US. You shall not assign this Agreement without the prior written consent of Applitools. This Agreement constitutes the entire agreement between the parties and supersedes any previous agreements or representations, either oral or written with respect to the subject matter of this Agreement.