This End-User License Agreement (EULA) is a legal agreement between you (either as an individual or on behalf of an entity) and S2 Technologies, Inc. ("S2") regarding your use of S2's Testspace™ desktop applications, including versions for Linux, Windows, and Mac and associated documentation (the "Software"). IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS EULA, DO NOT INSTALL, USE OR COPY THE SOFTWARE.
- You must agree to all of the terms of this EULA to use this Software.
- If so, you may use the Software for free and for any lawful purpose.
- This Software is provided "as-is" with no warranties, and you agree that S2 is not liable for anything you do with it.
By downloading, installing, using, or copying the Software, you accept and agree to be bound by the terms of this EULA. If you do not agree to all of the terms of this EULA, you may not download, install, use or copy the Software.
This EULA entitles you to install as many copies of the Software as you want, and use the Software for any lawful purpose consistent with this EULA. Your license to use the Software is expressly conditioned upon your agreement to all of the terms of this EULA. This software is licensed, not sold. S2 reserves all other rights not granted by this EULA.
- When using the Software you must use it in a manner that complies with the applicable laws in the jurisdiction(s) in which you use the Software.
- You may not sell, resell, rent, lease or exchange the Software for anything of value.
- You may redistribute the software, but it must include this EULA and you may not repackage or bundle the Software with any other software.
- You may not remove or alter any proprietary notices or marks on the Software.
The Software automatically communicates with S2's Testspace servers for: (1) uploading test results, attachments, and desktop environment variables; and (2) downloading constructed test designs used for test automation. You agree that the Software may automatically communicate with the servers without providing any further notice or receiving any additional consent. This feature may not be disabled.
Intellectual Property Notices
The Software and all worldwide copyrights, trade secrets, and other intellectual property rights therein are the exclusive property of S2. S2 reserves all rights in and to the Software not expressly granted to you in this EULA.
The names S2, STRIDE, Testspace, and related S2 logos and/or stylized names are trademarks of S2. You agree not to display or use these trademarks in any manner without S2's prior, written permission.
Disclaimers and Limitations on Liability
THE SOFTWARE IS PROVIDED ON AN "AS IS" BASIS, AND NO WARRANTY, EITHER EXPRESS OR IMPLIED, IS GIVEN. YOUR USE OF THE SOFTWARE IS AT YOUR SOLE RISK. S2 does not warrant that (i) the Software will meet your specific requirements; (ii) the Software is fully compatible with any particular platform; (iii) your use of the Software will be uninterrupted, timely, secure, or error-free; (iv) the results that may be obtained from the use of the Software will be accurate or reliable; (v) the quality of any products, services, information, or other material purchased or obtained by you through the Software will meet your expectations; or (vi) any errors in the Software will be corrected.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT S2 SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF S2 HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) RELATED TO THE SOFTWARE, including, for example: (i) the use or the inability to use the Software; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the Software; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third-party on the Software; (v) or any other matter relating to the Software.
S2 reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Software (or any part thereof) with or without notice. S2 shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Software.
- The failure of S2 to exercise or enforce any right or provision of this EULA shall not constitute a waiver of such right or provision.
- This EULA constitutes the entire agreement between you and S2 and governs your use of the Software, superseding any prior agreements between you and S2 (including, but not limited to, any prior versions of the EULA).
- You agree that this EULA and your use of the Software are governed under California law and any dispute related to the Software must be brought in a tribunal of competent jurisdiction located in or near San Diego, California.
- Please send any questions about this EULA to firstname.lastname@example.org.