License & Agreement

vStellar Test End User License Agreement

Legal Company Name:

Outbounds Inc.

Software:

vStellar Test

Effective Date:

04/10/2023

Overview

vStellar Test is a low-code test automation framework. This End User License Agreement (“EULA”) is a legal agreement between you (“you” or “Licensee”) and Outbounds Inc. (vStellar Test, “Licensor,” “we,” or “us”). It governs your use of the vStellar Test software and services (the “Software”), whether accessed via web browser, desktop or mobile applications, plugins, or APIs. By subscribing to or using the Software, you agree to comply with this EULA. If you do not agree, do not use the Software.

Definitions

“Licensor” means Outbounds Inc., a Virginia corporation doing business as vStellar Test.

“Licensee” or “You” means the individual or entity that accesses or uses the Software under this EULA.“Software” means the vStellar Test platform and all associated software, documentation, plugins, mobile apps, integrations, and related materials provided by Licensor.

“Subscription” means a paid license period for Premium features of the Software as described on the vStellar Test website.

License Grant

Subject to your compliance with this EULA, Licensor grants you a limited, worldwide, non-exclusive, non-transferable license to use the Software for your internal testing purposes only.

You may use the Software either under vStellar Test’s free plan or a paid Premium subscription plan:

Free Plan: You may use the Software at no charge within the usage limits published by Licensor. The Free Plan license is perpetual (if you comply with this EULA) but strictly limited to the capabilities of the free tier (e.g. up to 1000 automated test executions per month).

Premium Subscription: For broader application and to use all the available features, you must subscribe to the Premium plan. Premium licenses are subject to subscription terms and grant access to additional features. Your license lasts only for the duration of the paid subscription term. To continue using Premium features beyond each term, you must renew your subscription.

The license is limited to the scope of your plan (e.g. a single-user license if only one user seat is acquired). You may use the Software in accordance with your plan and any documentation. Any additional software or updates provided by Licensor are included in the Software license. Licensor reserves all rights not expressly granted herein.

License Restrictions

You agree that you will not:

Copy, modify, reverse-engineer, decompile, disassemble or create derivative work of the Software, in whole or in part, except to the extent expressly permitted by law.

Distribute, lease, rent, sublicense, or transfer the Software or your license rights without Licensor’s consent.

Remove or obscure any proprietary notices or trademarks.

Use the Software for anything other than internal testing (e.g., offering third-party services or competitor analysis).

Exceed the usage limits of your plan. Additional users or access must be licensed accordingly.

Circumvent technical or licensing controls.

Use the Software unlawfully.

Violation may result in immediate termination.

Assignment

You may not assign or transfer this Agreement without Licensor’s prior written consent. Any attempt to do so without consent is void.

Term and Termination

This EULA is effective when you first access or use the Software and remains in effect until terminated. Licensor may terminate this license immediately if you violate any term or if your Subscription lapses. Upon termination, you must cease use and destroy all copies.

Terms like Intellectual Property, Disclaimer, Liability, and Governing Law survive termination. This Agreement applies to both desktop and future cloud-hosted versions of the Software unless superseded by a new EULA.

Intellectual Property and Ownership

The Software is licensed, not sold. All rights, title, and interest in the Software remain with Licensor. The Software is protected by law, and this EULA grants no ownership rights. You may not challenge Licensor’s ownership or IP rights. You acquire no ownership interest or rights other than the limited license granted.

Updates and Maintenance

Licensor may provide updates, patches, bug fixes, enhancements or new versions. You agree to accept and install these. Updated versions are governed by this EULA or new terms. Licensor is not obligated to provide support unless separately agreed, and support is provided “as is.”

Amendments

Outbounds Inc. may update this Agreement from time to time. Continued use of the Software after any such changes constitutes your acceptance of the revised terms.

Support

Licensor provides support and maintenance in accordance with the documentation and service level associated with your subscription tier. Community version users may have limited or no support.

Privacy and Data

By using the Software, you acknowledge and agree that Licensor may collect and use certain technical data and related information, including but not limited to usage data, system information, and performance metrics, to improve the Software and services. All collection and use of data is governed by our Privacy Policy.

Severability (New Section)

If any provision of this Agreement is held to be unenforceable, the remaining provisions will remain in full force and effect.

Force Majeure (New Section)

Licensor shall not be liable for any failure or delay in performance due to causes beyond its reasonable control, including acts of God, internet outages, or government actions.

Disclaimer of Warranties

THE SOFTWARE IS PROVIDED “AS IS” WITHOUT WARRANTY. LICENSOR DISCLAIMS ALL WARRANTIES, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. No guarantee is made about performance or results. Also, Licensor does not guarantee that the software will be error-free or uninterrupted. User assumes all risk arising from use of the Software.

Limitation of Liability

IN NO EVENT SHALL OUTBOUNDS INC. BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES, INCLUDING LOSS OF PROFITS, DATA, OR USE, ARISING OUT OF OR RELATED TO THIS AGREEMENT OR THE USE OF THE SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TOTAL LIABILITY WILL NOT EXCEED THE FEES PAID BY YOU TO LICENSOR IN THE 12 MONTHS PRIOR TO THE CLAIM. This limitation applies even if Licensor has been advised of the possibility of such damage and notwithstanding any failure of essential purpose of any remedy.

Governing Law

This Agreement shall be governed by and construed in accordance with the laws of the Commonwealth of Virginia, without regard to conflict of laws principles. Any legal action or proceeding arising under this Agreement shall be brought exclusively in the courts located in Virginia, and you hereby consent to the personal jurisdiction and venue therein.

Any disputes arising from or related to this Agreement shall first be attempted to be resolved through mediation. If unresolved, such disputes shall be settled by binding arbitration in the Commonwealth of Virginia.

Export Control

You agree to comply fully with all applicable U.S. export laws and regulations to ensure that neither the Software nor any direct product thereof is exported or re-exported in violation of such laws.

Entire Agreement

This Agreement constitutes the entire agreement between you and Outbounds Inc. with respect to the Software and supersedes all prior or contemporaneous understandings, communications, and agreements, whether written or oral.

Contact Information

Outbounds Inc., USA
Email: contact@outboundsinc.com
By using vStellar Test, you acknowledge that you have read, understood, and agree to be bound by this EULA and all referenced policies.