Last updated December 21, 2020. Replaces the prior version in its entirety.
This is a legal agreement. By downloading, installing, copying, saving on Customer’s computer, or otherwise using testomat.io software, support or products Customer becomes a party to this Agreement and Customer consents to be bound by all the terms and conditions set forth below.
"Customer", "Licensee" or "You" means the sole proprietor or legal entity specified in the Subscription Confirmation. For legal entities, "Customer" includes any entity which controls, is controlled by, or is under common control with Customer. For the purposes of this definition, "control" means one of the following:
How this Agreement Works
Notice. Optimum Solutions sp. z o.o. may deliver any notice to Customer via electronic mail to an email address provided by Customer, registered mail, personal delivery or renowned express courier (such as DHL, FedEx or UPS). Any such notice will be deemed to be effective:
Grant of Rights
Customer may not:
Access to Products
ALL PRODUCTS ARE PROVIDED TO CUSTOMER ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES. USE OF THE PRODUCTS IS AT YOUR OWN RISK. Optimum Solutions sp. z o.o. MAKES NO WARRANTY AS TO THEIR USE OR PERFORMANCE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, Optimum Solutions sp. z o.o., AND ITS SUPPLIERS (WHICH SHALL INCLUDE THE PROVIDERS OF THE THIRD PARTY SOFTWARE) AND RESELLERS, DISCLAIM ALL WARRANTIES AND CONDITIONS, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, WITH REGARD TO THE PRODUCTS, AND THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES. THIS LIMITED WARRANTY GIVES CUSTOMER SPECIFIC LEGAL RIGHTS. CUSTOMER MAY HAVE OTHER RIGHTS, WHICH VARY FROM STATE/JURISDICTION TO STATE/JURISDICTION. Optimum Solutions sp. z o.o. (AND ITS AFFILIATES, AGENTS, DIRECTORS AND EMPLOYEES) DOES NOT WARRANT:
ANY CONTENT OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE PRODUCTS ARE DOWNLOADED AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOAD. NO WARRANTY OR LIABILITY AT ALL IS GIVEN TO PRODUCTS UNDER EVALUATION.
DISCLAIMER OF DAMAGES
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL Optimum Solutions sp. z o.o. (OR ITS AFFILIATES, AGENTS, DIRECTORS, OR EMPLOYEES), OR Optimum Solutions sp. z o.o. LICENSORS, SUPPLIERS OR RESELLERS BE LIABLE TO CUSTOMER OR ANYONE ELSE FOR:
ANY SPECIAL, INCIDENTAL, INDIRECT, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES WHATSOEVER (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF THESE DAMAGES), INCLUDING THOSE:
Term and Termination
Licensor may terminate this agreement if:
Licensor will make reasonable efforts to notify Customer via email as follows:
Customer shall comply with all applicable laws and regulations with regards to economic sanctions, export controls, import regulations, and trade embargoes (all herein referred to as "Sanctions"), including those of the European Union and United States (specifically the Export Administration Regulations (EAR)). Customer declares that it is not a person targeted by Sanctions nor is it otherwise owned or controlled by or acting on behalf of any person targeted by Sanctions. Further, Customer warrants that it will not download or otherwise export or re-export the Product or any related technical data directly or indirectly to any person targeted by Sanctions or download or otherwise use the Product for any end-use prohibited or restricted by Sanctions.