TelQA Licensing

TelQA Licensing
Standard TelQA Licensing Model

For standard installations TelQA products are licensed for use on a specified machine. If the software is to be re-installed on a different machine, the TelQA licensing mechanism requires the software to be uninstalled from the original machine.
Fixed Term TelQA Licensing Model

If you are using TelQA products on a per project basis you may benefit from our fixed term licencing. Please contact TelQA to discuss your requirements.
Consultants

If you need to use TelQA Test products on multiple sites please contact TelQA to discuss your requirements.
License Keys

The license management facilities are located in the Help>License Management menu of TelQA Test or Test Lite. Please contact TelQA if need any help with licensing our products.
TelQA End User License Agreement

“TelQA Test”

Licence for the Use of the TelQA Test Software (“Licence Agreement”) (Please Scroll Down)

Please read the terms and conditions of this Licence Agreement carefully, as they contain important information about your rights and obligations. 

Introduction 

1.1	Please read this Licence Agreement carefully before determining whether to accept the same and unseal the TelQA Test software (“TelQA Test”) and the associated documentation which includes the ‘ReadMe.txt’ file and the help files in the software (all together the “Software” (which term refers to the whole or any relevant part thereof)) provided by TelQA Limited (Company No: 05627109, registered address: Hammerton Lodge, Kirk Hammerton, York YO26 8DS, UK) (the “Company”, “we” or “us”).

1.2	In particular, the Company draws your attention to clause 9 (Liability). By clicking on the 'I Accept’ button below (the “‘I Accept’ Button”) you agree to be legally bound by this Licence Agreement and to any reasonable amendments to the Licence Agreement as may be posted on our website (www.telqa.com) (our “Website”) from time to time.

If you do not wish to be bound by this Licence Agreement then you must click the ‘I Do Not Accept’ button below (the “‘I Do Not Accept’ Button”) and you may not unseal or use the Software. 

In this Agreement ‘unsealing’ is defined as clicking on the ‘I Accept’ Button and proceeding to install the Software.

The Company’s Website
 
2.1 	Our Website is a place for you to obtain more details on our product TelQA Test, and, if required, to select and order copies of the same.

2.2	Please note that the contents of our Website are aimed at users aged 18 and above, and you must be over 18 years old to purchase the Software and, if you are purchasing in your personal capacity, you hereby certify that you are 18 years of age or more.

Licence

3.1	Upon agreeing to these terms and conditions, clicking the ‘I Accept’ Button and installing the unregistered Software the Company grants you a time-limited (see condition 3.3 below), royalty free, non-exclusive and non-transferable licence to use the Software on the single IBM compatible personal computer on which the Software has been installed (or a replacement for the same), and on the terms and conditions of this Licence Agreement.

3.2	The unregistered Software will cease to function after 14 days from installation.  In order to use TelQA Test thereafter the Software must be registered with the Company  and paid for in full following which a unique software activation code (“Activation Code”) or hardware dongle ("Dongle") will be supplied by the Company to you to fully enable the Software.

3.3	When (i) your payment has been accepted,  and (ii) we have agreed to register the copy of the Software you wish to have registered, we will issue you with an Activation Code or Dongle, and we shall grant to you on the terms and conditions of this Licence Agreement, and shall be deemed to have done so upon the issue of an Activation Code or Dongle, a non-exclusive and non-transferable licence to use the Software on any relevant single IBM compatible personal computer in your possession. All other rights are reserved to the Company.

3.4	The Company is under no obligation to provide you with any updates to, or new versions of, the Software (“Upgrades”). However if the Company does then your use of the Upgrade will be subject to this Licence Agreement from the time of unsealing (if required) and downloading (where appropriate). 

3.5	In relation to the Software:

3.5.1	You may:

3.5.1.1	load the Software into and retain the same (including multiple copies of the same) in the permanent memory of any one computer at any one time which belongs to or is legitimately controlled by you; and

3.5.1.2	copy the Software for backup purposes only (“backup copies”), as long as you retain any copyright notices included with the Software in any backup copies.

3.5.2	you may not:

3.5.2.1	make or distribute copies of the Software other than in the course of normal operation or in accordance with clause 3.5.1 above; 

3.5.2.2	sub-license, rent, lease, charge, transfer or attempt to assign this Licence Agreement or the Software to any other person; 

3.5.2.3	translate, modify, adapt, reverse engineer, disassemble, decompile or create derivative works based on the Software (whether for purposes of error correction or otherwise), except where a right to do so is conferred by applicable law and cannot be excluded; 

3.5.2.4	use any backup copies for any reason other than to replace the original copy in the event that it becomes defective or is destroyed; 

3.5.2.5	use the Software in any manner, or transfer or export the Software or any copies into any country, other than with the consent of the Company and in compliance with applicable laws; or

3.5.2.6	allow any other person to use the Software other than in accordance with the terms and conditions of this Licence Agreement.

3.6	If you wish to create an independent program which can be operated with the Software or another program (to the extent allowable by sub-clause 3.5.2.3), the Company will make certain information relating to the Software available to you at reasonable cost.

3.7	If you are in breach of any of the terms of this Licence Agreement this Licence Agreement will terminate forthwith and automatically and therefore, without prejudice to all other rights of the Company which are hereby specifically reserved, your right to use the Software will automatically cease at that same time and you must immediately thereafter destroy all of your copies of the Software.

4.	Payment 

4.1 	Details of the prices for the Software and the procedures for payment are displayed on the Website, or can be obtained by telephoning or emailing us. The price of the Software is the price in force at the date and time of your order. The Company may change the price of the Software before you place an order. The Company will try to ensure that prices displayed on its Website are accurate but the price on your order will need to be validated by the Company as part of the acceptance procedure (see sub-clause 4.2 below). The Company will inform you if the Software's correct price is higher than that stated in your order and you may cancel the order and decide whether or not to order the Software at the correct price. 

4.2	The Company is entitled to refuse any order placed by you. If your order is accepted, and if your payment clears, the Company will supply you with an Activation Code to be entered into your existing copy of the Software or a Dongle to be installed in the personal computer in which the Software is installed. Installing the Activation Code or the Dongle constitutes performance of the service offered and you will have no right to cancel the contract once you have done so. 

4.3	You undertake that all details you provide to the Company for the purpose of obtaining a licence of the Software will be correct, and/or any credit or debit card which you use is your own and that there are sufficient funds or credit facilities to cover the cost of the Software. The Company reserves the right to obtain validation of your credit or debit card details before agreeing to license you the Software. 

5.	Warranties

5.1	The Company warrants that it has a right to license the Software to you and, in respect of registered Software only for which an Activation Code or Dongle has been issued, for a period of 90 days from you unsealing and installing the Software, it will materially conform to the electronic documentation provided with it. However, the Company does not warrant that the Software will be error or virus free.

5.2	If the Software has been registered and activated then, at the Company's option, the Company may grant you a refund or provide you with replacement Software if the Software unsealed and installed does not comply with the warranty in sub-clause 5.1 and you notify us of the details of any non-compliance as soon as possible. No other refunds will be available in relation to the Software, and for the avoidance of doubt no refunds will be available in relation to any Software which has not been registered and activated.

5.3	If you claim a refund from the Company under sub-clause 5.2 you must destroy all of your copies of the Software and the Licence Agreement will be terminated as of the date of your notification to the Company of your claim for a refund.
 
5.4	If you have any complaints, you should direct them to either the Company’s registered office or via email to support@telqa.com. 

6.	Provision of Software 

The Company makes no warranties, express or implied that making the Software available in any particular jurisdiction outside the UK is permitted under any applicable non-UK laws or regulations. Accordingly,  if making the Software or any part available in your jurisdiction or to you (by reason of nationality, residence or otherwise) is prohibited, the Software is not offered for unsealing, download, installation or sale to you. You accept that if you are resident outside the UK, you must satisfy yourself that you are lawfully able to purchase the Software. The Company accepts no liability, to the extent permitted by applicable law, for any costs, losses or damages resulting from or related to the use or purchase or attempted use or purchase of the Software by persons in jurisdictions outside the UK or who are nominees of or trustees for citizens, residents or nationals of other countries.

7.	Copyright and Monitoring

The Software is protected by international copyright laws and other intellectual property rights. The owner of these rights is the Company or other third party licensors. All product and company names and logos contained within the Software are the trade marks, service marks or trading names of their respective owners, including the Company.

8.	Information you provide

8.1	The following applies to any information you provide to the Company, for example during any registration or ordering process:

8.1.1	You authorise the Company to use, store or otherwise process any personal information which relates to and identifies you, including but not limited to your name and address, to the extent reasonably necessary to provide the Software. If you buy a licence for the Software then the Company may collect information about your buying behaviour and if you send the Company personal correspondence such as e-mails or letters then the Company may collect this information (together, the various purposes set out in this paragraph  shall be known as 'the Purposes'). All such information collected by us shall be referred to in these terms and conditions as “Personal Information”. 

8.1.2	You must ensure that the Personal Information you provide is accurate and complete and that all registration details (where applicable) contain your correct name, address and other requested details. For more information about how the Company deal with your Personal Information, please contact us.

8.2	By accepting these terms and conditions, you agree to the processing and disclosure of the Personal Information for the Purposes. You also agree that the Purposes may be amended to include other uses or disclosures of Personal Information following notification to you by means of a notice on our Website, which you should check regularly. If you would like to review or modify any part of your Personal Information then you should email the Company at support@telqa.com. 

9.	Liability
		
9.1 	The Software is supplied ‘as is’ and all warranties offered in relation to the Software are set out in clause 5.1 of this Licence Agreement. The Company excludes all other warranties, express or implied terms, conditions, representations or endorsements whatsoever with regard to the Software. 

9.2	In relation to the Software, the Company accepts no liability for any indirect or consequential loss or damage, or for any loss of data, profit, revenue or business (whether direct or indirect), however caused and even if foreseeable, or howsoever arising, whether in tort (including negligence), contract or otherwise. 

9.3	In circumstances where you suffer loss or damage arising out of or in connection with the viewing, use or performance (or non-performance or unavailability) of our Website or its contents, the Company accepts no liability for this loss or damage whether due to inaccuracy, error, omission or any other cause and whether on the part of the Company or its servants, agents or any other person.

9.4	If the Company is liable to you for any reason, its liability will be limited to the amount paid by you to the Company for the Software concerned. This limit does not apply to any liability the Company may have for death or personal injury resulting from its own negligence or that of its employees. 

9.5	You are responsible for ensuring that your computer system(s) meets all relevant technical specifications necessary to use the Software. You also understand that the Company cannot and does not guarantee or warrant that the Software will be error-free or free from infection, viruses and/or other code that has contaminating or destructive properties. You are responsible for implementing sufficient procedures and virus checks (including antivirus and other security checks) to satisfy your particular requirements for the accuracy of data input and output. 

9.6	The limitations and exclusions in this clause only apply to the extent permitted by applicable law. 

10.	Consumer Protection (Distance Selling) Regulations 2000 - (Your Right to Cancel this Licence Agreement)

10.1	In the event of your having purchased a fully licensed version of the Software pursuant to your being provided with an Activation Code or Dongle under clause 3.3 above then this clause 10 shall apply to you. Due to your having already or upon your clicking on the 'I Accept' Button, you will thereby have unsealed the Software under the provisions of clause 1.4 above, and under the Consumer Protection (Distance Selling) Regulations 2000 the Software may not thereafter be returned without the express written permission of the Company other than for any of the reasons described in clause 10.2 below.

10.2	If: 
10.2.1	the Software is not of satisfactory quality; or 
10.2.2 	the Software is not fit for any purpose for which you have bought it provided that you notified the Company of that purpose before purchasing it and the Company has confirmed to you in writing (which includes by email) that the product is fit for that purpose.
10.3	If you have any complaints, you should direct them to us via email at support@telqa.com or by post at the Company's registered address.

11.	General

11.1	Only the Company may assign, novate or subcontract any or all of its rights and obligations under this Licence Agreement at any time. 

11.2	The Company may alter this Licence Agreement from time to time and post the new version on its Website, following which all use of this Software will be governed by that version. 

11.3	This Licence Agreement together with any order form and payment method instructions, if any, are the whole agreement between you and the Company. You acknowledge that you have not entered into this agreement in reliance upon any warranty or representation made by the Company or any other person and you waive any rights to damages/rescission you may have for misrepresentation (other than a fraudulent misrepresentation) that is not contained in the terms and conditions, order form and payment method instructions. 

11.4	If any provision or term of this Licence Agreement shall become or be declared illegal, invalid or unenforceable for any reason whatsoever, such term or provision shall be divisible from the other terms and conditions and shall be deemed to be deleted from them. 

11.5	This Licence Agreement and your use of the Software is governed by English law and you submit to the non-exclusive jurisdiction of the English court. 

11.6	Neither you nor the Company will be held liable to the other for any failure to perform any obligation due to causes beyond your or the Company's respective reasonable control. 

11.7	Failure by either party to exercise any right or remedy under this agreement does not constitute a waiver of that right or remedy. 

12.	Notices

12.1	All notices shall be given: to the Company via email at support@telqa.com, or post at the Company’s registered address; or to you at either the e-mail or postal address you provide during any ordering process. 

12.2	Notice will be deemed received when an email is received in full (or else on the next business day if it is received on a weekend or a public holiday in the place of receipt) or, if sent by post, 3 days after the date of posting. 

13.	Replacement

This Licence Agreement replaces all other terms and conditions previously applicable to the licensing of the Software. 

Please now click on the ‘I Accept’ Button to confirm your acceptance of this Licence Agreement and to unseal and install the Software for the trial period, otherwise please click on the ‘I Do Not Accept’ Button and the installation process shall terminate.

© TelQA Limited 2010
Performance Testing Solutions

Performance and Scalability Testing
for Web based Applications

Products

Download & Purchasing

Scripting

Resources

Support and Services

Standard TelQA Licensing Model

Fixed Term TelQA Licensing Model

Consultants

License Keys

TelQA End User License Agreement

Performance Testing Solutions

Performance and Scalability Testing for Web based Applications

Products

Download & Purchasing

Scripting

Resources

Support and Services

Standard TelQA Licensing Model

Fixed Term TelQA Licensing Model

Consultants

License Keys

TelQA End User License Agreement

Performance and Scalability Testing
for Web based Applications
