BASIC LICENSE
THIS LICENSE AGREEMENT (“this Agreement”) is a legal agreement between you (either an individual, a firm or a single entity) and Xceptance (the “Company”) for a software product named “Xceptance LoadTest (XLT)” including computer programs, associated media, printed materials and online or electronic documentation (collectively the “Product”). The Product is licensed to you under the terms and conditions of this Agreement. By installing, copying, downloading, accessing, or otherwise using the Product, you agree to be bound by the terms and conditions of this Agreement. If you do not agree to the terms and conditions of this Agreement, do not install or use the Product.
GRANT OF LICENSE
Xceptance grants you the right to use the Product with up to 5 virtual users without limitations regarding the license term. If you want to use the Product with more then 5 users a license key is required. The license term and the number of virtual users that you are entitled to use with the Product is then specified by the license key.
With the Basic License you are not entitled to:
- Copying and distributing of the Product in a modified form
- Reverse-engineering, decompiling, or disassembling of the Product
- Selling, renting, leasing, or otherwise transferring the Product for value.
TERMINATION
Without prejudice to any other rights, Xceptance may terminate this Agreement if you fail to comply with the terms and conditions of this Agreement. In such event, you must immediately destroy all copies of the Product and all of its component parts.
OWNERSHIP
The Product is protected by copyright and other intellectual property laws and treaties. Xceptance owns the title, copyright, and other intellectual property rights of the Product.
LIMITATION OF LIABILITY AND WARRANTY
Xceptance shall not be liable for any damages that you might incur for any reason whatsoever (including, without limitation, all direct or general damages). The foregoing limitations, exclusions and disclaimers shall apply to the maximum extent permitted by applicable law.
XCEPTANCE MAKES NO WARRANTIES, EXPRESS OR IMPLIED, BY STATUTE OF OTHERWISE, REGARDING THE PRODUCT, AND XCEPTANCE SPECIFICALLY DISCLAIMS ALL OTHER WARRANTIES, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE AND MERCHANTABILITY.
MISCELLANEOUS
You agree that your rights and obligations under this Agreement may not be transferred or assigned directly or indirectly without the prior written consent of Xceptance except that it has already been permitted by this Agreement or the transfer is part of a merger with another company or the acquisition by a third party. In case of such a transfer of rights these present terms and conditions apply to the acquiring party and you ensure that the acquiring party will agree to these terms and conditions.
This Agreement and the associated exhibits set forth the entire agreement of the parties relating to the subject matter of this Agreement. Only these general terms and conditions apply. Terms and conditions of the party receiving the Product are not valid, even if not explicitly stated by Xceptance. Additions or modifications to these contractual obligations must be made in writing and enter into effect only when signed by both parties. Declarations made by Xceptance representatives shall only be binding with written consent from Xceptance.
Should one or more provisions of this Agreement be or become invalid, then this shall not affect the validity of the remaining provisions. The invalid clause shall then be replaced by a valid clause that comes as close as possible, in its economic purpose, to the original intent of the invalid clause.