Typemock Isolator Open Source Edition Terms and Conditions

Start on the Right Foot
Remember, you must purchase a Commercial License before beginning a proprietary development project.  The Commercial License does not allow you to incorporate code developed with the Open Source Editions of Typemock software into a proprietary project. This means that you cannot begin proprietary development with the Open Source Edition, and then purchase a Commercial License later. 

Thank you for trying out Typemock Isolator Open Source Edition! This page contains the terms and conditions ("Terms and Conditions") for the Typemock Isolator Open Source Edition. By downloading Typemock Isolator Open Source Edition, you agree to this agreement either for yourself or on behalf of your employer or another entity and agree to be bound by its terms and conditions. If you are accepting on behalf of your employer or another entity, you represent and warrant that you have full legal authority to bind your employer or such entity to these Terms and Conditions.  If you do not have the legal authority to bind, or do not wish to be bound by these Terms and Conditions, please press the "I do not accept" button below.

Open Source Use Only
Typemock Isolator Open Source Edition is made available, nonexclusively, to you only for your use with respect to open source programs (as defined in http://www.opensource.org/licenses) in compliance with all applicable laws, rules and regulations. You may not make commercial use of Typemock Isolator Open Source Edition, including but not limited to selling or distributing Typemock Isolator Open Source Edition for payment, unless you enter into an agreement with Typemock Ltd. ("Typemock") or obtain Typemock's written permission in advance.

If you are asked to register, you must provide complete and accurate identification, contact, and other information required as part of the registration process. Typemock reserves the right to refuse or discontinue participation to any applicant who failed to comply with these Term and Condition, at any time in its sole discretion.

To avoid doubt, it is hereby clarified that you can not make use of the Typemock Isolator Open Source Edition in respect to non open source applications. For the purposes of said use, you may download and use the Commercial Edition from the Typemock site www.typemock.com

Prohibited Actions
You may not distribute or transfer Typemock Isolator Open Source Edition or any services or software associated with or derived from it, modify, copy, license, sub-license or create derivative works from Typemock Isolator Open Source Edition, unless you obtain Typemock's written permission in advance. If you wish to do any of the above, please contact us by visiting www.typemock.com/Contact.php.

 

License Fees
This Typemock Isolator Open Source Edition is provided to you for no consideration.

Automatic Updates
Typemock Isolator Open Source Edition may communicate with Typemock's servers to check for available updates to the software, such as bug fixes, patches, enhanced functions, missing plug-ins and new versions (collectively, "Updates"). During this process, Typemock Isolator Open Source Edition sends Typemock a request for the latest version information. By installing Typemock Isolator Open Source Edition, you hereby agree to automatically request and receive Updates from Typemock.

 

Information Practices
Protecting users’ privacy is very important to Typemock. As a condition of downloading and using Typemock Isolator Open Source Edition, you agree to the terms of the Typemock Privacy Policy, which may be updated from time to time, as stated in the most recent version that exists at the time of your use. Information collected by Typemock may be stored and processed in the United States or any other country in which Typemock or its agents maintain facilities. By using Typemock Isolator Open Source Edition you consent to any such transfer of information outside of your country.

Marketing
Notwithstanding any other provision in these Terms and Conditions and/or the Typemock Privacy Policy, you hereby agree to grant us the right to use your name, trade marks and/or trade names in any of our publications, to identify you as a Typemock customer. You are entitled to add the “Verified with Typemock” logo to your product or website (see Guide Lines at
http://www.typemock.com/cextended.php)

Intellectual Property
You hereby acknowledge that Typemock owns all right, title and interest in and to Typemock Isolator Open Source Edition and third parties own such rights in software or content provided through or in conjunction with Typemock Isolator Open Source Edition, 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. You agree not to (and agree not to allow third parties to) modify, adapt, translate, prepare derivative works from, decompile, reverse engineer, disassemble or otherwise attempt to derive source code from Typemock Isolator Open Source Edition, or to extract significant portions of Typemock Isolator Open Source Edition's files for use in other applications. You also agree to (and agree not to allow third parties to) not remove, obscure, or alter Typemock's or any applicable third party's copyright notice, trademarks, or other proprietary rights notices affixed to or contained within or accessed in conjunction with or through Typemock Isolator Open Source Edition.

Feedback
If you have comments on Typemock Isolator Open Source Edition or ideas on how to improve it, please visit www.typemock.com/Contact.php. Please note that by doing so, you also grant Typemock and the above third parties permission to use and incorporate your ideas or comments into Typemock Isolator Open Source Edition (or such third parties' software or content) without further compensation or approval.

Changes to Terms and Conditions
Typemock reserves the right to modify these Terms and Conditions from time to time in its sole discretion, without notice or liability to you. You agree to be bound by these Terms and Conditions, as modified. Please review the most current version of the Terms and Conditions from time to time, located at www.typemock.com/open_source_eula.html (or such successor URL as Typemock may provide), so that you will be apprised of any changes. It is herby clarified, that in case of any contradiction between this version of the Terms and Conditions and any modified version, the modified version shall prevail.

Disclaimer of Warranties                                                                               
Typemock and any third party who makes its software or content available in conjunction with or through Typemock Isolator Source Edition disclaim any responsibility for any harm resulting from your use (or use by your employees, agents, representatives or contractors) of Typemock Isolator Open Source Edition and/or any third party software or content accessed in conjunction with or through Typemock Isolator Open Source Edition. TYPEMOCK ISOLATOR OPEN SOURCE EDITION AND ANY THIRD PARTY SOFTWARE AND CONTENT MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH TYPEMOCK ISOLATOR OPEN SOURCE EDITION ARE PROVIDED "AS IS," WITH NO WARRANTIES WHATSOEVER. TYPEMOCK AND SUCH THIRD PARTIES EXPRESSLY DISCLAIM 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.
YOU SHOULD BE AWARE THAT THIS TYPEMOCK ISOLATOR OPEN SOURCE EDITION VERSION MAY INCLUDE BUGS AND ERRORS AND THAT IT MAY NOT PERFORM IN ACCORDANCE WITH THE SOFTWARE SPECIFICATION.
TYPEMOCK AND ANY THIRD PARTY WHO MAKES ITS SOFTWARE OR CONTENT AVAILABLE IN CONJUNCTION WITH OR THROUGH TYPEMOCK ISOLATOR OPEN SOURCE EDITION DISCLAIM ANY WARRANTIES REGARDING THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF TYPEMOCK ISOLATOR OPEN SOURCE EDITION AND SUCH THIRD PARTY SOFTWARE OR CONTENT. YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD AND/OR USE TYPEMOCK ISOLATOR OPEN SOURCE EDITION AND ALL THIRD PARTY SOFTWARE OR CONTENT MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH TYPEMOCK ISOLATOR OPEN SOURCE EDITION 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 DOWNLOAD OR USE OF TYPEMOCK ISOLATOROPEN SOURCE EDITION AND SUCH THIRD PARTY SOFTWARE AND CONTENT. SOME STATES OR OTHER 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 STATE TO STATE, COUNTRY TO COUNTRY AND JURISDICTION TO JURISDICTION.

Limitation of Liability
UNDER NO CIRCUMSTANCES SHALL TYPEMOCK OR ANY THIRD PARTY WHO MAKES ITS SOFTWARE OR CONTENT AVAILABLE IN CONJUNCTION WITH OR THROUGH TYPEMOCK ISOLATOR OPEN SOURCE EDITION BE LIABLE TO ANY USER ON ACCOUNT OF THAT USER'S USE OR MISUSE OF TYPEMOCK ISOLATOR OPEN SOURCE EDITION OR SUCH THIRD PARTY SOFTWARE OR CONTENT. 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 TYPEMOCK AND/OR A THIRD PARTY SOFTWARE OR CONTENT PROVIDER HAVE 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 TYPEMOCK ISOLATOR OPEN SOURCE EDITION AND ALL THIRD PARTY SOFTWARE OR CONTENT MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH TYPEMOCK ISOLATOR OPEN SOURCE EDITION, FROM INABILITY TO USE TYPEMOCK ISOLATOR OPEN SOURCE EDITION AND ALL THIRD PARTY SOFTWARE OR CONTENT MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH TYPEMOCK ISOLATOR OPEN SOURCE EDITION, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF TYPEMOCK ISOLATOR OPEN SOURCE EDITION AND ALL THIRD PARTY SOFTWARE AND CONTENT MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH TYPEMOCK ISOLATOR OPEN SOURCE EDITION (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES). SUCH LIMITATION SHALL APPLY NOTWITHSTANDING A FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED BY LAW. SOME COUNTRIES, STATES OR OTHER 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.

Miscellaneous Provisions
These Terms and Conditions will be governed by and construed in accordance with the laws of Israel, without giving effect to the conflict of laws provisions of Israel or your actual country of residence.

Any dispute arising under or in relation to these Terms and Conditions shall be resolved exclusively in the competent court for Tel Aviv-Jaffa district, and each of the parties hereby submits irrevocably to the jurisdiction of such court.

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 Typemock and/or a third party who make its software and/or content available in conjunction with or through Typemock Isolator Open Source Edition.