Apollo Licensing

Licenses

TestPro products are made up of both open-source and TestPro intellectual property (IP). The following lists both the TestPro End Usage License and the open-source products and their associate licenses that TestPro have leveraged on. All open-source products used and distributed have NOT been modified or changed in any way. Usage and distribution of the product is as per TestPro’s interpretation of the relevant license, a reference of the relevant component can be found in the comment section, the license can be found via the respective URL.

Apollo End-User License Agreement

This is a legally binding agreement between you (either an individual or a single entity), referred to herein as “YOU”, and TestPro PTY LTD, referred to herein as “TESTPRO”. This software entitled APOLLO and all documents and materials included in it are referred to herein as the “SOFTWARE”. Installing, opening or using all or any portion of this software indicates your acceptance of all the terms and conditions of this End-User License Agreement referred to herein as “EULA” and that this agreement is equivalent to a written agreement signed by you. By selecting the box “I AGREE” or performing a similar electronic function, you are providing your acceptance of the terms of this agreement and acknowledge that you have legally purchased the SOFTWARE from TESTPRO on one of it’s agents. This agreement is enforceable against you and any legal entity that obtained the software and on whose behalf it is used. If you do not agree to the terms of this agreement, please do not use this software. IT IS ILLEGAL AND STRICTLY PROHIBITED TO DISTRIBUTE, PUBLISH, OFFER FOR SALE, LICENSE OR SUBLICENSE, GIVE OR DISCLOSE TO ANY OTHER PARTY, THIS SOFTWARE OR THE DOCUMENTS IN HARD COPY, DIGITAL FORM OR ANY OTHER MEDIUM WHETHER EXISTING OR NOT YET EXISTING, EXCEPT AS SPECIFICALLY PERMITTED BELOW. The use of this software is governed by the terms and conditions set forth herein. Please read them carefully. This EULA is applicable to all of the Documents included in the Software and to the Software in its whole part. You are deemed to have read, understood and accepted the terms of this EULA when you install or use the Software.
  1. GRANT OF LICENSE. TESTPRO grants you the following rights provided that you comply with all terms and conditions of this EULA:
    1. Installation and use
    1. install the Software on a computer for use provided that such computer does not render the Software accessible to other users through local or Internet networks or other methods external to your company.
    2. Use by any other person, company, affiliate, corporation, Limited Liability Company, trust, or other separate legal entity will require a separate license. This includes companies that may be affiliated to you by ownership or otherwise.
    3. The license granted herein shall remain in effect perpetually, but shall terminate upon your use of the Software beyond the scope licensed herein or upon your violation of any term or condition hereof. All protections with which TestPro is provided under this EULA shall survive the termination of your license to use the Software.
    4. This EULA does not cover associated commercial test tools required for the functioning of Apollo. The purchase and agreement to use those tools is the responsibility of the user and their associated company
    5. Apollo is licensed for up to 15 users. Additional licensing requires a signed agreement with TestPro.
     
  2. PROPRIETARY RIGHTS. Other than Open Source software and methodologies TestPro retain all title, ownership, and intellectual property rights in the Software, including but not limited to all supporting documentation, files, marketing material, images, multimedia and applets. The Software is protected by copyright and other intellectual property laws and by international treaties. The Software may include security measures designed to control access and prevent unauthorized copying and use. You agree not to interfere with any such security components. TestPro permits you to download, install, use, or otherwise benefit from the functionality or intellectual property of the Software only in accordance with the terms of this EULA. Use of third party material included in the Software may be subject to the terms and conditions typically found in the party's own license agreement. The Software includes Open Source and public domain code and methodologies. Those components are covered and protected by their own licenses. By installing and agreeing to EULA you agree to the associated component licenses.
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  3. CONFIDENTIALITY. Each party agrees that it shall not disclose to any third party any information concerning the customers, trade secrets, methods, processes or procedures or any other confidential, financial or business information of the other party which it learns during the course of its performance of this EULA, without the prior written consent of such other party. This obligation shall survive the cancellation or other termination of this EULA. The Software contains trade secrets and proprietary know-how that belong to TestPro and it is being made available to you in strict confidence. ANY USE OR DISCLOSURE OF THE SOFTWARE, OR OF ITS ALGORITHMS, PROTOCOLS OR INTERFACES, OTHER THAN IN STRICT ACCORDANCE WITH THIS EULA, MAY BE ACTIONABLE AS A VIOLATION OF TESTPRO’S TRADE SECRET RIGHTS.
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  4. NON-TRANSFER OF RIGHTS. You may not rent, lease, sell, sublicense, assign or transfer your rights in the software, or authorize any portion of the software to be copied onto another individual or legal entity's computer.
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  5. RESTRICTIONS. You may not:
    1. modify or create any derivative works of the Software or documentation, including customization, any modifications or enhancements, translation or localization without TestPro's express written consent;
    2. reverse engineer, decompile, disassemble, make or otherwise attempt to derive the source code of the Software, or the underlying ideas or algorithms of the Software; (iii) attempt to gain unauthorized access to Documents, TestPro servers or any other service, account, computer system or network associated with the Software or with TestPro, it's affiliates, agents, partners and customers;
    3. remove or alter any trademark, logo, copyright or other proprietary notices or symbols in the Software;
    4. block, disable, or otherwise affect any advertising, banner window, tab, link to websites and services, or other features that are part of the Software;
    5. incorporate, integrate or otherwise include the Software or any portion thereof into any software, program or product;
    6. provide false information when registering the Software;
    7. digitally transmit or make available the Software or its content through local networks, intranets, extranets, FTP, online discussion boards, forums, list-serve, peer-to-peer networks or technologies, newsgroups, bulletin boards, or any other mode of shared communication system, or place the Software onto a server so that it is accessible via a pubic network such as the Internet;
    8. use the Software in any way that violates this EULA or any law; or
    9. authorize or assist any third party to do any of the things described in this section.
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  6. PUBLICITY. You shall not refer to the existence of this EULA in any press release, website, advertising or any publicly distributed or accessible material, without the prior written consent of TestPro.
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  7. LIMITATION OF LIABILITY. EXCEPT AS REQUIRED BY LAW, TESTPRO AND ITS EMPLOYEES, DIRECTORS, LICENSORS, CONTRIBUTORS AND AGENTS WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES ARISING OUT OF OR IN ANY WAY RELATING TO THIS EULA OR THE USE OF OR INABILITY TO USE THE SOFTWARE, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE, LOST PROFITS, LOSS OF DATA, AND COMPUTER FAILURE OR MALFUNCTION, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND REGARDLESS OF THE THEORY (CONTRACT, TORT OR OTHERWISE) UPON WHICH SUCH CLAIM IS BASED. TESTPRO'S LIABILITY UNDER THIS EULA IS LIMITED TO REPLACEMENT OF A CD-ROM CONTAINING THE SOFTWARE AND WILL NOT EXCEED FIVE DOLLARS (US$5.00).
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  8. DISCLAIMER OF WARRANTY. YOU ACCEPT THE SOFTWARE “AS IS” AND WITH ALL FAULTS (IF ANY). TESTPRO DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. TESTPRO MAKES NO WARRANTY OR REPRESENTATIONS WHATSOEVER REGARDING THE SUITABILITY OF THE SOFTWARE TO MEET YOUR SPECIFIC NEEDS.
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  9. VIOLATIONS OF THIS EULA. TestPro reserves all rights not specifically granted to you above. TestPro will have the right to proceed against you in the event that you infringe against TestPro’s rights. Any use not within the precise scope of the license set forth herein will be considered an infringement. You acknowledge and agree that TestPro’s damages in the event of your violation of this EULA will be substantial and that TestPro will suffer irreparable harm in such event. As such, TestPro shall have the right to obtain equitable remedies, including but not limited to recovery of damages, obtaining injunctions, recovering statutory damages, recovering attorney fees, and any other available legal remedy.
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  10. TERMINATION. TestPro shall have the sole and exclusive right to immediately terminate this EULA and suspend your license to use the Software should you fail to perform any obligation required under this EULA, engage in activity that TestPro deems harmful to its well-being or if you become bankrupt or insolvent. This EULA takes effect upon your installation of the Software and remains effective until terminated. Upon termination of this EULA by TestPro, you shall return to TestPro the original and all copies of the Software and Documents including partial copies and modifications.
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  11. WAIVER & SEVERABILITY. TestPro's waiver of any breach of this EULA shall not constitute an amendment to this EULA or TestPro's waiver of subsequent breaches. If any part of this EULA is found void and unenforceable, it will not affect the validity of the balance of this EULA, which will remain valid and enforceable according to its terms.
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  12. ELECTRONIC NOTICES. You consent that TestPro may provide you with information and notices regarding the Software and TestPro via the email address you designate when installing the Software or thereafter. TestPro may provide notices to you via (i) email if you have provided TestPro with a valid email address, or (ii) by posting the notice on the TestPro website or the Software download site which TestPro owns and operates. You may withdraw your consent for electronic notices.
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  13. AMENDMENTS. TestPro reserves the right to unilaterally amend all offers, pricing terms or other matters pertaining to the Software, TestPro’s website or this EULA. No course of dealing or trade usage shall be deemed to amend the terms of this EULA.
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  14. GOVERNING LAW. This EULA shall be governed by and construed under the laws of NSW Australia. You consent and agree that all legal proceedings relating to the subject matter of this EULA shall be maintained in courts sitting within the State of New South Wales AUSTRALIA, and that jurisdiction and venue for such proceedings shall lie exclusively with such courts.
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  15. COMPLETE AGREEMENT. This is the entire EULA between TestPro and you relating to the Software and it supersedes any prior representations, discussions, undertakings, warranties, communications or advertising relating to the Software.

For inquiries please contact: smarchant@testpro.com.au

TestPro and Apollo, are either the registered trademarks or trademarks of TestPro PTY LTD in Australia. © 2009

TESTPRO PTY LTD – Last revised: Oct 2019 END-USER LICENSE AGREEMENT