By using ApSIC Xbench 3.0 you agree to be bound by the following terms and conditions (“Terms and Conditions”).
You may make copies of ApSIC Xbench and distribute such copies to others provided that any such recipient has had an opportunity to review and agree to be bound by these Terms and Conditions. If others within your organization do not have this opportunity to review and agree and you would still like to distribute copies to them, you may do so provided that you have the legal right to bind your organization (and others within your organization) to these Terms and Conditions. If you do not have this right and the recipients do not have an opportunity to review and agree to these Terms and Conditions, please do not distribute ApSIC Xbench to them. If you have any questions regarding the terms of distribution, please send an email to email@example.com.
If you have comments on ApSIC Xbench or ideas on how to improve it, please email firstname.lastname@example.org or use the web form that appears on http://www.xbench.net/index.php/support/submit-bug. Please note that by doing so, you also grant ApSIC permission to use and incorporate your ideas or comments into ApSIC Xbench (or other ApSIC S.L. software) without further compensation.
Using ApSIC Xbench 3.0 requires a sign-up process. The Xbench account credentials created during the sign-up will be validated over the Internet with an Xbench authentication server in order to start a licensed instance of Xbench. The Xbench authentication server will verify your credentials and will determine if your license is valid. Therefore, the authentication process and your license require that you have a working Internet connection.
The licensing model of ApSIC Xbench is based on the purchase of subscription time. You can split your purchased time among as many authorized users as you wish at any given time. Each authorized user is entitled to run one and only one instance of ApSIC Xbench at the same time. ApSIC, S.L. will determine an end of subscription date and time based on your time balance and the number of authorized users. You can add or remove authorized users using the Xbench Control Panel at any time and, upon submitting your changes with the Control panel, ApSIC, S.L. will calculate a new end of subscription date and time.
Also, you need to have at least 1 (one) authorized user defined for each 10 (ten) years of remaining time balance. If you do not define enough authorized users, the Xbench Control Panel will add placeholders that will deduct time from your time balance as if the place holders were an authorized user.
You acknowledge that, in order to validate your license, one or more authentication servers are required to be operated by ApSIC S.L. If, for whatever reason, ApSIC S.L. is unable to continue operating the required authentication server or servers and decides to discontinue the subscription license model while you still have subscription balance available, ApSIC S.L. will have at its disposal the following two options as your full and complete compensation for the ceased authentication service: a) Refund you for your remaining subscription time at the time the authentication servers were discontinued, with yearly cost calculated at the average cost per year you paid for your subscription, or b) Convert your subscription license into a permanent license for as many users as the maximum number of authorized users that you have defined during the length of your subscription until the date and time of the conversion into a permanent license.
When you sign up for Xbench, you need to provide your email address. This email address will become your contact email address in case ApSIC S.L. needs to make you aware of a system event affecting your acccount or other significant events related with the performance of ApSIC Xbench functionality. This email address used in the sign up process will also be considered your primary email address for commercial communications, such as special promotions or significant announcements. Each time you receive a communication, you will be given the option to opt-out from future commercial announcements. ApSIC S.L. will not sell or share your email address with any third party.
ApSIC Xbench 3.0 is designed and licensed to be used as an interactive application operated by a human being. This license does not allow the use of automation to use Xbench User Interface. For example, this license does not allow you to use user interface automation techniques to generate batch QA reports.
You acknowledge that ApSIC S.L. or third parties own all rights, title and interest in and to ApSIC Xbench, portions thereof, or software provided through or in conjunction with ApSIC Xbench, including without limitation all Intellectual Property Rights. “Intellectual Property Rights” means any and all rights existing from time to time under patent law, copyright law, trade secret law, trademark law, unfair competition law, and any and all other proprietary rights, and any and all applications, renewals, extensions and restorations thereof, now or hereafter in force and effect worldwide. ApSIC Xbench is licensed, not sold. You agree not to modify, adapt, translate, prepare derivative works from, decompile, reverse engineer, disassemble or otherwise attempt to derive source code from ApSIC Xbench. You also agree to not remove, obscure, or alter ApSIC S.L.’s copyright notice, trademarks, or other proprietary rights notices affixed to or contained within or accessed in conjunction with or through ApSIC Xbench. THIS INCLUDES THE CREDIT INFORMATION THAT APPEARS AT THE BEGINNING OF EVERY QA, COMPARISON OR EXPORT REPORT.
ApSIC S.L. disclaims any responsibility for any harm resulting from your use of ApSIC Xbench.
APSIC XBENCH IS PROVIDED “AS IS”, WITH NO WARRANTIES WHATSOEVER. APSIC S.L. EXPRESSLY DISCLAIMS TO THE FULLEST EXTENT PERMITTED BY LAW ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. APSIC DISCLAIMS ANY WARRANTIES REGARDING THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF APSIC XBENCH.
YOU UNDERSTAND AND AGREE THAT YOU USE APSIC XBENCH AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE USE OF APSIC XBENCH. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION.
UNDER NO CIRCUMSTANCES SHALL APSIC S.L. BE LIABLE TO ANY USER ON ACCOUNT OF THAT USER’S USE OR MISUSE OF APSIC XBENCH. SUCH LIMITATION OF LIABILITY SHALL APPLY TO PREVENT RECOVERY OF DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES WHETHER SUCH CLAIM IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, (EVEN IF APSIC S.L. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON APSIC XBENCH, FROM INABILITY TO USE APSIC XBENCH, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF APSIC XBENCH. SUCH LIMITATION SHALL APPLY NOTWITHSTANDING A FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED BY LAW.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.
These Terms and Conditions will be governed by and construed in accordance with the laws of the Kingdom of Spain, without giving effect to the conflict of laws provisions of Spain and your actual country or region of residence. If for any reason a court of competent jurisdiction finds any provision or portion of these Terms and Conditions to be unenforceable, the remainder of these Terms and Conditions will continue in full force and effect.
These Terms and Conditions constitute the entire agreement between the parties with respect to the subject matter hereof and supersede and replace all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. Any waiver of any provision of these Terms and Conditions will be effective only if in writing and signed by ApSIC S.L.
Effective date: 06 April 2016