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  • SOFTWARE LICENSE AGREEMENT GENERAL TERMS AND CONDITIONS

    Release date: October 20, 2015
    Last updated: October 20, 2015
    Current version: 5.5.16
    Software application type: Load testing tool
    File format: .exe
    File size: 88Mb
    Requirements: From Microsoft Windows 2003 / Windows XP / Windows 7
    256MB RAM
    .Net framework 3.5 sp1
    Microsoft Word is necessary to build custom report templates.

    1. PREAMBLE

    These general terms and conditions (“GTC”) govern the use of QTest (“Software”) by any professional user (“Licensee”), together with the order form (“Order Form”) available on www.quotium.com (“Website”) and to the exclusion of any other document, notably and without limitation Licensee’s purchase conditions. The GTC and the Order Form together constitute the agreement (“Agreement”) between Quotium and Licensee. The Software is commercialised by Quotium via the Website. The Order Form must be filled up online. It specifies notably the period of use (“Period”) and the corresponding license fee (“License Fee”). By downloading, installing or otherwise using the Software, the Licensee agrees to be legally bound by the GTC as they may be modified and posted on the Website from time to time.

    2. LICENSE

    2.1. Grant

    Nothing contained herein shall be deemed to convey to the Licensee any title, ownership, copyright or any other intellectual property rights in or related to the Software. All rights not expressly granted hereunder are reserved. Subject to full payment of the License Fee, Quotium grants to the Licensee a limited, non-exclusive and non-transferable right to use the Software during the Period: - in object-code form only; - on a single computer owned, leased, or otherwise controlled by the Licensee - solely for the purpose of processing Licensee's internal data.

    2.2. Restrictions

    Without Quotium’s prior written consent, the Licensee shall not: - copy (except 1 copy for back-up purpose) or modify the Software; - write or develop any derivatives of the Software or any other software program based upon the Software; - remove, alter, cover or obliterate any copyright or other proprietary rights notices from the Software or its documentation; - allow access to the Software by any third party other than the Licensee's employees and authorized agents, who may only access the Software at the address mentioned on the Order Form; - use the Software to provide processing services to third parties, commercial timesharing, rental or sharing arrangements, or otherwise use the Software on a 'service bureau' basis; - provide, disclose, divulge or make the Software available to any third party; - decompile, disassemble or reverse engineer the source code of the Software, or permit a third party to do the same; - sublicense to any third party (including without limitation any subsidiaries, parents or affiliates) in part or in whole any of the Software.

    3. DELIVERY

    Upon full payment of the License Fee, Quotum shall provide the Licensee access to the Software via a license key, which allows its use for the Period. The Licensee shall not modify this license key in any way. The Licensee is responsible for downloading the Software from the Website and for installing it on the dedicated computer.

    4. FINANCIAL TERMS

    The License Fee depends on the Period and is specified on the Website. It is exclusive of any taxes, including without limitation any excise, sales, use, value added (VAT), withholding and similar taxes. The Licensee shall be liable and shall pay all applicable taxes associated with the Software. When Quotium has the legal obligation to collect such taxes, the appropriate amount shall be added to the Licensee's invoice and paid by the Licensee unless he provides Quotium with a valid tax exemption certificate authorized by the appropriate taxing authority. Invoices are made available for download on the Website.

    5. TERM AND TERMINATION

    The Agreement shall terminate automatically at the end of the Period. Nevertheless, if the Licensee fails to comply with any provision of the GTC, Quotium shall be entitled to terminate immediately and with full right the Agreement upon written notice, without prejudice to any damages. At the end of the Agreement, for any cause whatsoever, the Licensee undertakes to destroy immediately all copies of the Software and its documentation.

    6. WARRANTY

    Subject to the limitations upon its liability set out in Section 7, Quotium warrants that the Software conforms substantially to its documentation. Quotium expressly disclaims all other conditions, warranties, terms and undertakings, expressed or implied, relating to the Software and its documentation including but not limited to warranties of quality, performance, satisfactory quality or fitness for a particular purpose.

    7. LIMITATION OF LIABILITY

    Subject to statutory provisions, Quotium’s liability is expressly excluded for any indirect, immaterial and/or consequential loss or damage, or for any loss of data, profit, revenue, anticipated savings or business, however caused and even if foreseeable or made known to Quotium. Subject to statutory provisions, Quotium’s maximum liability to the Licensee under the Agreement and for any cause whatsoever shall be limited to the License Fee.

    8. INSPECTION

    The Licensee authorizes Quotium or its representative to perform during the Period, without prior notice, inspections in the Licensee’s premises in order to verify if the Licensee comply with the provisions of the GTC. The said inspections shall be carried out during the Licensee’s business hours and in such a way as not to hinder the Licensee's normal activities.

    9. MISCELLANEOUS

    The Agreement constitutes the entire agreement between Quotium and the Licensee with respect to its subject matter. It may not be amended except in written form signed by authorized representatives. The Agreement is personal to the Licensee and its rights and obligations herein shall not be assigned, delegated, sold or transferred in any manner, in whole or in part, without the prior written consent of Quotium. Failure by Quotium to enforce any provision of the GTC shall not constitute a waiver of its rights. Should any provision of the GTC be held by a Court to be void or otherwise ineffective, the other provisions shall remain in full force and effect.

    10. GOVERNING LAW

    The Agreement is governed by and interpreted in accordance with French law. Any disputes or claims relating to the Agreement shall be subject to the exclusive jurisdiction of the Paris (France) Courts.
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