What the Agreement Covers:
IMPORTANT – PLEASE READ THIS END USER LICENSE AGREEMENT (THE “AGREEMENT”) CAREFULLY BEFORE ATTEMPTING TO DOWNLOAD OR USE ANY SOFTWARE, DOCUMENTATION, OR OTHER MATERIALS MADE AVAILABLE THROUGH THIS WEB SITE OR THE TELERIK PLATFORM. THIS AGREEMENT CONSTITUTES A LEGALLY BINDING AGREEMENT BETWEEN YOU OR THE COMPANY WHICH YOU REPRESENT AND ARE AUTHORIZED TO BIND (THE “LICENSEE” OR “YOU”), AND TELERIK AD (“TELERIK” OR “LICENSOR”). BY PURCHASING, DOWNLOADING, INSTALLING OR OTHERWISE USING THE SOFTWARE MADE AVAILABLE BY TELERIK THROUGH THIS WEB SITE, YOU ACKNOWLEDGE (1) THAT YOU HAVE READ THIS AGREEMENT, (2) THAT YOU UNDERSTAND IT, (3) THAT YOU AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS, AND (4) TO THE EXTENT YOU ARE ENTERING INTO THIS AGREEMENT ON BEHALF OF A COMPANY, YOU HAVE THE POWER AND AUTHORITY TO BIND THAT COMPANY.
This Agreement contains the Additional Terms for Telerik Mobile Testing which are made a part of and are subject to the General Terms of Service for Telerik Platform (the “General Terms”) and by agreeing to the terms of this Agreement You also agree to the General Terms. Any defined terms used but not defined in this Agreement have the meanings ascribed to them in the General Terms.
This is a license agreement and not an agreement for sale.
1. Software License.
1.1. License Grant. Subject to the terms and conditions set forth in this Agreement, while You have an active Subscription, Telerik hereby grants to Licensee and Licensee hereby accepts, a limited, non-transferable, non-exclusive license (the “License”) to install and use the Telerik computer software identified as Telerik Mobile Testing and any updates, upgrades, modifications and error corrections thereto provided to Licensee (the “Programs”) and any accompanying documentation (the “Documentation”, together with the Programs, collectively the “Software”) in executable, object code form only. The Software shall be used solely as specified in this Agreement.
1.2. Scope of Use. The Software is licensed per Licensed Developer and subject to the level of service applicable to Your Subscription. This means that at any given time, the number of Licensed Developers authorized to use the Software cannot exceed the number of seats that You have licensed from Telerik.
2. Archival Copies and Prior Versions.
2.1. Archival Copies. You may make one archival (backup) copy of the Software. The archival copy may not be used or installed as long as another copy of the Software is installed on any computer.
2.2. Prior Versions. Prior versions of the Software may be installed on the same computer with a properly licensed current version of Software. A prior version may be used by a properly licensed user in place of the current version of the Software. The prior version is not an additional license of the Software; it may be used only as a substitute for the current version.
3. Additional License Limitations.
You may not redistribute the Software.
4. Delivery.
Telerik shall deliver to Licensee a master copy of the Software licensed hereunder in electronic files only. Documentation shall also be provided in electronic format.
5. Term and Termination.
This License is granted only while You have an active Subscription and shall last as long as You use the Software in compliance with this Agreement and the General Terms. Unless otherwise prohibited by law, and without prejudice to Telerik’s other rights or remedies, Telerik shall have the right to terminate this Agreement and the License granted hereunder in accordance with the General Terms. Upon termination of this Agreement, all Licenses granted to You hereunder shall terminate automatically and You shall immediately cease use of the Software. You must also destroy (i) all copies of the Software and (ii) any product and company logos provided by Telerik in connection with this Agreement.
6. Product Discontinuance.
Telerik reserves the right to discontinue the Software or any component of the Software, whether offered as a standalone product or solely as a component, at any time.
7. Survival.
Any provisions of the Agreement containing license restrictions, warranties and warranty disclaimers, confidentiality obligations, limitations of liability and/or indemnity terms, and any provision of the Agreement which, by its nature, is intended to survive shall remain in effect following any termination or expiration of the Agreement.
YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, THAT YOU UNDERSTAND THIS AGREEMENT, AND UNDERSTAND THAT BY CONTINUING THE INSTALLATION OF THE SOFTWARE PRODUCT, BY LOADING OR RUNNING THE SOFTWARE PRODUCT, OR BY PLACING OR COPYING THE SOFTWARE ONTO YOUR COMPUTER HARD DRIVE, YOU AGREE TO BE BOUND BY THIS AGREEMENT’S TERMS AND CONDITIONS. YOU FURTHER AGREE THAT, EXCEPT FOR WRITTEN SEPARATE AGREEMENTS BETWEEN TELERIK AND YOU, THIS AGREEMENT IS A COMPLETE AND EXCLUSIVE STATEMENT OF THE RIGHTS AND LIABILITIES OF THE PARTIES.