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1DEVELOPER EXPRESS INC
2TestCafe
3Copyright (C) 2012-2015 Developer Express Inc.
4
5IMPORTANT- READ CAREFULLY: This DEVELOPER EXPRESS INC ("DEVEXPRESS") End-User License Agreement ("EULA") is a legal agreement between you, a tester of software applications, ("TESTER") and DEVEXPRESS for all DEVEXPRESS products, source code, demos, intermediate files, media, printed materials, and "online" or electronic documentation ("TESTCAFE") contained in this distribution.
6
7By installing, copying, or otherwise using TESTCAFE, you agree to be bound by the terms of this EULA. If you do not agree to any part of the terms of this EULA, DO NOT INSTALL, COPY, USE, OR EVALUATE TESTCAFE.
8
9TESTCAFE is licensed, not sold.
10
111. GRANT OF LICENSE.
12
13Subject to all the terms and conditions of this EULA, DEVEXPRESS grants TESTER a non-exclusive, non-transferable license to install and use TESTCAFE for COMMERCIAL USE or EVALUATION PURPOSES as authorized below:
14
151.1 COMMERCIAL USE LICENSE FOR INDIVIDUALS.
16
17If you are an individual and are using TESTCAFE for commercial purposes or for testing software applications sold for financial or commercial gain, you may install and use TESTCAFE by purchasing a 12 month subscription from DEVEXPRESS or its authorized resellers.
18
191.2 COMMERCIAL USE LICENSE FOR BUSINESS AND GOVERNMENT ENTITIES.
20
21DEVEXPRESS licenses TESTCAFE on a per user basis. If you are a business or government entity, your employees may install and use TESTCAFE by purchasing a 12 month subscription from DEVEXPRESS or its authorized resellers for each individual using TESTCAFE.
22
231.3 EVALUATION USE LICENSE.
24
25If you are an individual, you may install and use TESTCAFE for evaluation purposes only. You may evaluate TESTCAFE for a period of 30 days from the date of installation.
26
272. LIMITATIONS ON REVERSE ENGINEERING AND DISASSEMBLY.
28
29You may not reverse engineer, create derivative works or disassemble TESTCAFE. If TESTCAFE is purchased by you with the intent to reverse engineer, create derivative works, or the exploitation and unauthorized transfer of any DEVEXPRESS intellectual property and trade secrets, to include any exposed methods or source code where provided, no licensed right of use shall exist and any product(s) created as a result shall be judged illegal by definition. Any sale or resale of intellectual property or created derivatives so obtained will be prosecuted to the fullest extent of all local, federal and international law.
30
313. SEPARATION OF COMPONENTS.
32
33TESTCAFE is licensed as a single product. TESTCAFE and its constituent parts may not be reverse engineered, disassembled or separated for use on more than one computer, nor placed for distribution, sale, or resale as individual creations by TESTER. The provision of source code, if included with TESTCAFE, does not constitute transfer of any legal rights to such code, and resale or distribution of all or any portion of all source code and intellectual property will be prosecuted to the fullest extent of all applicable local, federal and international laws. All DEVEXPRESS libraries, source code and other files remain DEVEXPRESS's exclusive property. You may not distribute any files contained in this distribution.
34
354. RENTAL.
36
37You may not rent, lease, or lend TESTCAFE.
38
395. TRANSFER.
40
41You may NOT permanently or temporarily transfer ANY of your rights under this EULA to any individual or business or government entity without prior written approval from DEVEXPRESS. Regardless of any modifications which you make and regardless of how you might use TESTCAFE, under no circumstances may the files included in the TESTCAFE distribution (including any portions thereof) be used for testing websites or applications by anyone other than you. Only you as the licensed TESTER have the right to use TESTCAFE (or any portions thereof) for testing websites or applications. You may not share copies of TESTCAFE with other individuals. You may not reproduce or distribute any DEVEXPRESS documentation without the permission of DEVEXPRESS.
42
436. DISTRIBUTION AND COMPETITIVE PRODUCTS.
44
45NO RIGHTS TO DISTRIBUTION ARE GRANTED WITHIN THIS END-USER LICENSE AGREEMENT.
46
47AT NO TIME MAY TESTER CREATE ANY TOOL OR PRODUCT THAT DIRECTLY OR INDIRECTLY COMPETES WITH TESTCAFE BY UTILIZING ALL OR ANY PORTION OF THE TESTCAFE DISTRIBUTION.
48
497. COPYRIGHT.
50
51TESTCAFE is protected by copyright laws and international treaty provisions and therefore, you must treat TESTCAFE like any other copyrighted material except that you may install and use TESTCAFE as described in this EULA.
52
53All title and copyrights in and to TESTCAFE (including but not limited to any DEVEXPRESS trademarks, copywritten images, demos, source code, intermediate files, packages, photographs, animations, video, audio, music, text and accompanying printed materials in this distribution) are owned by DEVEXPRESS, its licensors and its subsidiaries. All title and intellectual property rights in and to third-party content that may be accessed through use of TESTCAFE remains the property of its respective owner and may be protected by applicable copyright or other intellectual property laws and treaties. This Agreement grants TESTER no use rights to such content.
54
558. OPEN SOURCE LIBRARIES.
56
57The open source libraries used in TESTCAFE are done so pursuant to each individual open source library license and subject to the disclaimers and limitations on liability set forth in each open source library license.
58
598.1 INCLUDED LIBRARIES.
60
61The following open source libraries are used and included within TESTCAFE:
62~~
63ace
64Copyright (c) 2010, Ajax.org B.V.
65All rights reserved.
66
67Redistribution and use in source and binary forms, with or without
68modification, are permitted provided that the following conditions are met:
69 * Redistributions of source code must retain the above copyright
70 notice, this list of conditions and the following disclaimer.
71 * Redistributions in binary form must reproduce the above copyright
72 notice, this list of conditions and the following disclaimer in the
73 documentation and/or other materials provided with the distribution.
74 * Neither the name of Ajax.org B.V. nor the
75 names of its contributors may be used to endorse or promote products
76 derived from this software without specific prior written permission.
77
78THIS SOFTWARE IS PROVIDED BY THE COPYRIGHT HOLDERS AND CONTRIBUTORS "AS IS" AND
79ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED
80WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE
81DISCLAIMED. IN NO EVENT SHALL AJAX.ORG B.V. BE LIABLE FOR ANY
82DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES
83(INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES;
84LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND
85ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT
86(INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS
87SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
88
89~~
90acorn
91Copyright (C) 2012-2014 by various contributors (see AUTHORS)
92
93Permission is hereby granted, free of charge, to any person obtaining a copy
94of this software and associated documentation files (the "Software"), to deal
95in the Software without restriction, including without limitation the rights
96to use, copy, modify, merge, publish, distribute, sublicense, and/or sell
97copies of the Software, and to permit persons to whom the Software is
98furnished to do so, subject to the following conditions:
99
100The above copyright notice and this permission notice shall be included in
101all copies or substantial portions of the Software.
102
103THE SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EXPRESS OR
104IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY,
105FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. IN NO EVENT SHALL THE
106AUTHORS OR COPYRIGHT HOLDERS BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER
107LIABILITY, WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING FROM,
108OUT OF OR IN CONNECTION WITH THE SOFTWARE OR THE USE OR OTHER DEALINGS IN
109THE SOFTWARE.
110
111~~
112async.js
113Copyright (c) 2010, Caolan McMahon
114https://github.com/caolan/async/blob/master/LICENSE
115
116~~
117buffer-crc32
118Copyright (c) 2013 Brian J. Brennan
119https://github.com/brianloveswords/buffer-crc32/blob/master/LICENSE
120
121~~
122ejs
123Copyright (c) 2009-2010, TJ Holowaychuk
124https://github.com/visionmedia/ejs#license
125
126~~
127esotope
128Copyright (C) 2014 Ivan Nikulin <ifaaan@gmail.com>
129Copyright (C) 2012-2014 Yusuke Suzuki <utatane.tea@gmail.com>
130Copyright (C) 2012-2013 Michael Ficarra <escodegen.copyright@michael.ficarra.me>
131Copyright (C) 2012-2013 Mathias Bynens <mathias@qiwi.be>
132Copyright (C) 2013 Irakli Gozalishvili <rfobic@gmail.com>
133Copyright (C) 2012 Robert Gust-Bardon <donate@robert.gust-bardon.org>
134Copyright (C) 2012 John Freeman <jfreeman08@gmail.com>
135Copyright (C) 2011-2012 Ariya Hidayat <ariya.hidayat@gmail.com>
136Copyright (C) 2012 Joost-Wim Boekesteijn <joost-wim@boekesteijn.nl>
137Copyright (C) 2012 Kris Kowal <kris.kowal@cixar.com>
138Copyright (C) 2012 Arpad Borsos <arpad.borsos@googlemail.com>
139Redistribution and use in source and binary forms, with or without
140modification, are permitted provided that the following conditions are met:
141 * Redistributions of source code must retain the above copyright
142 notice, this list of conditions and the following disclaimer.
143 * Redistributions in binary form must reproduce the above copyright
144 notice, this list of conditions and the following disclaimer in the
145 documentation and/or other materials provided with the distribution.
146
147THIS SOFTWARE IS PROVIDED BY THE COPYRIGHT HOLDERS AND CONTRIBUTORS "AS IS"
148AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE
149IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE
150ARE DISCLAIMED. IN NO EVENT SHALL <COPYRIGHT HOLDER> BE LIABLE FOR ANY
151DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES
152(INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES;
153LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND
154ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT
155(INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF
156THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
157
158~~
159express
160Copyright (c) 2009-2012, TJ Holowaychuk
161https://github.com/visionmedia/express#license
162
163~~
164history.js
165Copyright © 2014+ Bevry Pty Ltd us@bevry.me (http://bevry.me)
166Copyright © 2011-2013 Benjamin Lupton b@lupton.cc (http://balupton.com)
167Redistribution and use in source and binary forms, with or without
168modification, are permitted provided that the following conditions are met:
169 * Redistributions of source code must retain the above copyright
170 notice, this list of conditions and the following disclaimer.
171 * Redistributions in binary form must reproduce the above copyright
172 notice, this list of conditions and the following disclaimer in the
173 documentation and/or other materials provided with the distribution.
174 * Neither the name of the <organization> nor the
175 names of its contributors may be used to endorse or promote products
176 derived from this software without specific prior written permission.
177
178THIS SOFTWARE IS PROVIDED BY THE COPYRIGHT HOLDERS AND CONTRIBUTORS "AS IS" AND
179ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED
180WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE
181DISCLAIMED. IN NO EVENT SHALL <COPYRIGHT HOLDER> BE LIABLE FOR ANY
182DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES
183(INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES;
184LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND
185ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT
186(INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS
187SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
188
189~~
190iconv-lite
191Copyright (c) 2011, Alexander Shtuchkin
192https://github.com/ashtuchkin/iconv-lite/blob/master/LICENSE
193
194~~
195Int64.js
196Copyright (c) 2012, Robert Kieffer
197http://opensource.org/licenses/mit-license.php
198
199~~
200jQuery
201Copyright jQuery Foundation and other contributors, https://jquery.org/
202Permission is hereby granted, free of charge, to any person obtaining
203a copy of this software and associated documentation files (the
204"Software"), to deal in the Software without restriction, including
205without limitation the rights to use, copy, modify, merge, publish,
206distribute, sublicense, and/or sell copies of the Software, and to
207permit persons to whom the Software is furnished to do so, subject to
208the following conditions:
209
210The above copyright notice and this permission notice shall be
211included in all copies or substantial portions of the Software.
212
213THE SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND,
214EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF
215MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND
216NONINFRINGEMENT. IN NO EVENT SHALL THE AUTHORS OR COPYRIGHT HOLDERS BE
217LIABLE FOR ANY CLAIM, DAMAGES OR OTHER LIABILITY, WHETHER IN AN ACTION
218OF CONTRACT, TORT OR OTHERWISE, ARISING FROM, OUT OF OR IN CONNECTION
219WITH THE SOFTWARE OR THE USE OR OTHER DEALINGS IN THE SOFTWARE.
220
221~~
222jQuery UI
223Copyright (c) 2013, jQuery Foundation and other contributors
224Permission is hereby granted, free of charge, to any person obtaining
225a copy of this software and associated documentation files (the
226"Software"), to deal in the Software without restriction, including
227without limitation the rights to use, copy, modify, merge, publish,
228distribute, sublicense, and/or sell copies of the Software, and to
229permit persons to whom the Software is furnished to do so, subject to
230the following conditions:
231
232The above copyright notice and this permission notice shall be
233included in all copies or substantial portions of the Software.
234
235THE SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND,
236EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF
237MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND
238NONINFRINGEMENT. IN NO EVENT SHALL THE AUTHORS OR COPYRIGHT HOLDERS BE
239LIABLE FOR ANY CLAIM, DAMAGES OR OTHER LIABILITY, WHETHER IN AN ACTION
240OF CONTRACT, TORT OR OTHERWISE, ARISING FROM, OUT OF OR IN CONNECTION
241WITH THE SOFTWARE OR THE USE OR OTHER DEALINGS IN THE SOFTWARE.
242
243~~
244jQuery.cookie
245Copyright 2014 Klaus Hartl
246
247Permission is hereby granted, free of charge, to any person obtaining
248a copy of this software and associated documentation files (the
249"Software"), to deal in the Software without restriction, including
250without limitation the rights to use, copy, modify, merge, publish,
251distribute, sublicense, and/or sell copies of the Software, and to
252permit persons to whom the Software is furnished to do so, subject to
253the following conditions:
254
255The above copyright notice and this permission notice shall be
256included in all copies or substantial portions of the Software.
257
258THE SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND,
259EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF
260MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND
261NONINFRINGEMENT. IN NO EVENT SHALL THE AUTHORS OR COPYRIGHT HOLDERS BE
262LIABLE FOR ANY CLAIM, DAMAGES OR OTHER LIABILITY, WHETHER IN AN ACTION
263OF CONTRACT, TORT OR OTHERWISE, ARISING FROM, OUT OF OR IN CONNECTION
264WITH THE SOFTWARE OR THE USE OR OTHER DEALINGS IN THE SOFTWARE.
265
266~~
267json2
268Public Domain.
269
270~~
271markdown
272Copyright (c) 2009-2010 Dominic Baggott
273Copyright (c) 2009-2010 Ash Berlin
274Copyright (c) 2011 Christoph Dorn <christoph@christophdorn.com> (http://www.christophdorn.com)
275http://www.opensource.org/licenses/mit-license.php
276
277~~
278mime
279Copyright (c) Robert Kieffer
280https://github.com/broofa/node-mime/blob/master/LICENSE
281
282~~
283mods
284Copyright (c) 2013-2015 Ivan Nikulin (ifaaan@gmail.com)
285
286Permission is hereby granted, free of charge, to any person obtaining a copy
287of this software and associated documentation files (the "Software"), to deal
288in the Software without restriction, including without limitation the rights
289to use, copy, modify, merge, publish, distribute, sublicense, and/or sell
290copies of the Software, and to permit persons to whom the Software is
291furnished to do so, subject to the following conditions:
292
293The above copyright notice and this permission notice shall be included in
294all copies or substantial portions of the Software.
295
296THE SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EXPRESS OR
297IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY,
298FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. IN NO EVENT SHALL THE
299AUTHORS OR COPYRIGHT HOLDERS BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER
300LIABILITY, WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING FROM,
301OUT OF OR IN CONNECTION WITH THE SOFTWARE OR THE USE OR OTHER DEALINGS IN
302THE SOFTWARE.
303
304~~
305moment
306Copyright (c) 2011-2012, Tim Wood
307https://github.com/timrwood/moment/blob/develop/LICENSE
308
309~~
310node-uuid
311Copyright (c) 2010-2012, Robert Kieffer
312https://github.com/broofa/node-uuid/blob/master/LICENSE.md
313
314~~
315node-zip
316Copyright (c) Diego Araos <d@wehack.it> (http://wehack.it/)
317http://opensource.org/licenses/mit-license.php
318
319~~
320revalidator
321Copyright (c) 2009-2010, Alexis Sellier, Charlie Robbins, Nodejitsu Inc.
322https://github.com/flatiron/revalidator/blob/master/LICENSE
323
324~~
325socket.io
326Copyright (c) 2011, Guillermo Rauch
327https://github.com/LearnBoost/socket.io/blob/master/LICENSE
328
329~~
330tough-cookie
331Copyright (c) 2015, Salesforce.com, Inc.
332All rights reserved.
333
334Redistribution and use in source and binary forms, with or without
335modification, are permitted provided that the following conditions are met:
336 * Redistributions of source code must retain the above copyright
337 notice, this list of conditions and the following disclaimer.
338 * Redistributions in binary form must reproduce the above copyright
339 notice, this list of conditions and the following disclaimer in the
340 documentation and/or other materials provided with the distribution.
341 * Neither the name of the <organization> nor the
342 names of its contributors may be used to endorse or promote products
343 derived from this software without specific prior written permission.
344
345THIS SOFTWARE IS PROVIDED BY THE COPYRIGHT HOLDERS AND CONTRIBUTORS "AS IS" AND
346ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED
347WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE
348DISCLAIMED. IN NO EVENT SHALL <COPYRIGHT HOLDER> BE LIABLE FOR ANY
349DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES
350(INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES;
351LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND
352ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT
353(INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS
354SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
355
356~~~
357uglify-js
358Copyright (c) 2010, Mihai Bazon
359https://github.com/mishoo/UglifyJS#license
360
361~~
362useragent
363Copyright (c) 2013 Arnout Kazemier
364https://github.com/3rd-Eden/useragent/blob/master/LICENSE
365
366~~
367qrcodejs
368Copyright (c) 2012 davidshimjs
369Permission is hereby granted, free of charge, to any person obtaining a copy
370of this software and associated documentation files (the "Software"), to deal
371in the Software without restriction, including without limitation the rights
372to use, copy, modify, merge, publish, distribute, sublicense, and/or sell
373copies of the Software, and to permit persons to whom the Software is
374furnished to do so, subject to the following conditions:
375
376The above copyright notice and this permission notice shall be included in
377all copies or substantial portions of the Software.
378
379THE SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EXPRESS OR
380IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY,
381FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. IN NO EVENT SHALL THE
382AUTHORS OR COPYRIGHT HOLDERS BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER
383LIABILITY, WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING FROM,
384OUT OF OR IN CONNECTION WITH THE SOFTWARE OR THE USE OR OTHER DEALINGS IN
385THE SOFTWARE.
386
387~~
388webauth
389Copyright (c) 2013 Churkin Andrey (https://github.com/churkin)
390https://github.com/churkin/webauth/blob/master/LICENSE
391
392~~
393whacko
394Copyright (c) 2013-2015, Ivan Nikulin
395Copyright (c) 2012, Matt Mueller
396https://github.com/inikulin/whacko#license
397
3988.2 PREREQUISITE LIBRARIES.
399
400The following open source libraries are required by TESTCAFE and included in this distribution:
401
402Node.js
403Copyright Joyent, Inc. and other Node contributors
404https://github.com/joyent/node/blob/master/LICENSE
405
406Joyent, Inc, Node and its contributors are not affiliated with DEVEXPRESS.
407
4089. TWELVE (12) MONTH SUBSCRIPTION AND UPDATES
409
410DEVEXPRESS licenses TESTCAFE on a subscription basis. A subscription lasts for a 12 month period from the date of purchase and TESTER will be eligible to receive all major and minor updates for TESTCAFE during this 12 month period. Upon expiration of a subscription (12 months, plus 1 day after original purchase date), TESTER can optionally renew the TESTCAFE subscription for an additional 12 month period in order to receive major and minor updates of TESTCAFE from DEVEXPRESS.
411
412If TESTCAFE is labeled as an update, you must be properly licensed to obtain the updated version of TESTCAFE. A product labeled as an update replaces and/or supplements the product that formed the basis for your eligibility for the update, and together constitutes a single product. You may only use the updated product in accordance with all the terms of this EULA.
413
414Pricing for the 12 month TESTCAFE subscription and any subsequent renewal of the subscription are listed on DevExpress.com and subject to change with or without notice.
415
416DEVEXPRESS reserves the right to discontinue TESTCAFE or its constituent parts, at any time.
417
41810. DOWNLOAD of TESTCAFE.
419
420TESTCAFE shall be made available for download from DevExpress.com exclusively. All documentation shall be made available in electronic format only.
421
42211. EXPORT RESTRICTIONS.
423
424DEVEXPRESS expressly complies with all export restrictions imposed by the government of the United States of America. Restricted countries currently include, but are not necessarily limited to Cuba, Iran, North Korea, Sudan, and Syria. You warrant and represent that neither the U.S.A. Bureau of Export Administration nor any other federal agency has suspended, revoked or denied your export privileges.
425
42612. DISCLAIMER OF WARRANTY.
427
428DEVEXPRESS expressly disclaims any warranty for TESTCAFE. TESTCAFE AND ANY RELATED DOCUMENTATION IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. DEVEXPRESS DOES NOT WARRANT, GUARANTEE, OR MAKE ANY REPRESENTATIONS REGARDING THE USE, OR THE RESULTS OF THE USE, OF TESTCAFE IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. THE ENTIRE RISK ARISING OUT OF USE OR PERFORMANCE OF TESTCAFE REMAINS WITH YOU. No oral or written information or advice given by DEVEXPRESS or its employees shall create a warranty or in any way increase the scope of this warranty.
429
43013. LIMITATIONS ON LIABILITY.
431
432To the maximum extent permitted by applicable law, in no event shall DEVEXPRESS be liable for any special, incidental, indirect, or consequential damages whatsoever (including, without limitation, damages for loss of goodwill, loss of business profits, business interruption, loss of business information, or any other pecuniary loss) arising out of the use of or inability to use TESTCAFE or the provision of or failure to provide Support Services, even if DEVEXPRESS has been advised of the possibility of such damages.
433
434TESTER understands that TESTCAFE may produce inaccurate results because of a failure or fault within TESTCAFE or failure by TESTER to properly use TESTCAFE. TESTER assumes full and sole responsibility for any use of TESTCAFE, and bears the entire risk for failures or faults within TESTCAFE. You agree that regardless of the cause of failure or fault or the form of any claim, YOUR SOLE REMEDY AND DEVEXPRESS'S SOLE OBLIGATION SHALL BE GOVERNED BY THIS AGREEMENT AND IN NO EVENT SHALL DEVEXPRESS'S LIABILITY EXCEED THE PRICE PAID TO DEVEXPRESS FOR TESTCAFE. This Limited Warranty is void if failure of TESTCAFE has resulted from accident, abuse, alteration, unauthorized use or misapplication of TESTCAFE.
435
436Certain jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so this exclusion and limitation may not be applicable.
437
43814. INDEMNIFICATION.
439
440You hereby agree to indemnify, hold harmless, and defend DEVEXPRESS and its officers, directors, employees, agents, and representatives from each and every demand, claim, lawsuit, and proceedings of any kind, (“CLAIMS”) and all expenses, costs (including attorney's fees), judgments, damages and other liabilities resulting from such CLAIMS, that arise or result from your use of TESTCAFE.
441
44215. SUPPORT SERVICES.
443
444DEVEXPRESS may provide you with support services related to TESTCAFE ("Support Services"). Use of Support Services is governed by DEVEXPRESS policies and programs described in the user manual, in "on line" documentation and/or other DEVEXPRESS provided materials. Any supplemental information or code provided to you as part of Support Services shall be considered part of TESTCAFE and subject to the terms and conditions of this EULA. With respect to technical information you provide to DEVEXPRESS as part of Support Services, DEVEXPRESS may use such information for its business purposes, including for TESTCAFE support and development.
445
44616. TERMINATION.
447
448Without prejudice to any other rights or remedies, DEVEXPRESS will terminate this EULA upon failure to comply with all the terms and conditions of this EULA. In such events, TESTER must destroy all copies of TESTCAFE and all of its constituent parts including any related documentation.
449
45017. TAX.
451
452DEVEXPRESS delivers its software electronically and does not collect sales or use tax for residents of US states in which it operates. You should confirm that your local, state, or federal government does not impose any sales or use tax on electronically delivered software. You are entirely liable for any such sales or use tax.
453
45418. MISCELLANEOUS.
455
456This EULA shall be construed, interpreted and governed by the laws of the State of Nevada, U.S.A. This EULA gives you specific legal rights; you may have others that vary from state to state and from country to country.
457
458This EULA may only be modified in writing signed by you and an authorized officer of DEVEXPRESS. If any provision of this EULA is found void or unenforceable, the remainder will remain valid and enforceable according to its terms. If any remedy provided is determined to have failed for its essential purpose, all limitations of liability and exclusions of damages set forth in the Limited Warranty shall remain in effect.
459
460DEVEXPRESS reserves all rights not specifically granted in this EULA.
461
462YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THIS AGREEMENT AND YOU AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT UPON INSTALLATION AND/OR USE of ALL PRODUCTS INCLUDED IN THIS DISTRIBUTION.
463
464Copyright (C) 2012-2015 Developer Express Inc.
465
466All trademarks and registered trademarks are property of their respective owners.
467
468Should you have any questions concerning this EULA, or if you desire to contact DEVEXPRESS for any reason, please contact us directly in the United States at +1 (818) 844 3383, or write: Developer Express Inc. Legal department / 505 N. Brand Blvd Suite 1600, Glendale CA 91203.
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