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Typemock Isolator - Terms and Conditions

 

Thank you for trying out Typemock Isolator Basic, Typemock Isolator Essential and/or Typemock Isolator Complete (collectively,"Typemock Isolator"). This page contains the terms and conditions ("Terms and Conditions") for the Typemock Isolator. By downloading Typemock Isolator, 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.

 

Personal or Internal Business Use Only

Typemock Isolator is made available, nonexclusively, to you only for your personal or internal business use in compliance with all applicable laws, rules and regulations which includes use by your contractors and consultants developing specific development products on your behalf, provided those contractors and consultants abide by the license restrictions and obligations described in the Terms and Conditions and that the total number of such contractors and consultants does not exceed your Typemock Isolator software licenses. You may not make commercial use of Typemock Isolator, including but not limited to selling or distributing Typemock Isolator 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 Terms and Conditions, at any time in its sole discretion.

Prohibited Actions

Except for distributions for internal business and/or personal use to your employees, contractors or consultants in compliance with these Terms and Conditions, you may not distribute or transfer Typemock Isolator or any services or software associated with or derived from it, modify, copy, license, sub-license or create derivative works from Typemock Isolator, 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-us.

Distribution

Once you have obtained Typemock's permission, you may make copies of Typemock Isolator 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 to whom you would like to distribute Typemock Isolator do not have this opportunity to review and agree to these Terms and Conditions but you would still like to distribute copies to them, you may do so provided that you have the legal right to, and that you shall, bind each of those third parties 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, you may not distribute Typemock Isolator to them. If you have any questions regarding the terms of distribution, please contact us by visiting  www.typemock.com/contact-us.

License Fees

In order to be permitted to use the Typemock Isolator on a client or a build server, you are required to purchase a user code and pay the license fees as are determined by Typemock. Please be advised that in order to be permitted to use the Typemock Isolator on build servers, each build server requires a unique license. You may not use Typemock features on your build server(s) without first paying the required build server license fee. Payment will be due immediately upon receipt of a Typemock Isolator software license, including a temporary license regardless of whether or not you make any use of such license whatsoever, on a client or a build server or otherwise.

Typemock’s license fees are exclusive of all taxes, levies, or duties imposed by any authority, and you shall be responsible for payment of all such taxes, levies, or duties, excluding only taxes based solely on Typemock’s income.

It is hereby clarified that Typemock shall be entitled to receive the entire license fees amounts, without any deduction.

Despite the above, Typemock Isolator Basic may be permitted for use, free of charge, at Typemock's sole discretion, by written agreement or notification from Typemock to you ("Free Use"). Typemock may terminate Free Use at any time. Such Free Use shall not limit Typemock from adding, removing, changing and/or modifying, in any way, the Typemock Isolator Basic and/or the terms of Free Use, from time to time at its sole discretion, without notice or liability towards you.

Automatic Updates

Typemock Isolator may communicate with Typemock's servers (unless you are using Typemock Isolator for internal business use and your settings prevent this communication) 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 sends Typemock a request for the latest version information. By installing Typemock Isolator (unless you are using Typemock Isolator for internal business use and your settings prevent this communication), you hereby agree to automatically request and receive Updates from Typemock's servers.

Information Practices

Protecting users’ privacy is very important to Typemock. As a condition of downloading and using Typemock Isolator, you agree to the terms of the Typemock Isolator 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 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 Isolator 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.

Intellectual Property

You hereby acknowledge that Typemock owns all right, title and interest in and to Typemock Isolator and third parties own such rights in software or content provided through or in conjunction with Typemock Isolator, 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, or to extract significant portions of Typemock Isolator'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.

Feedback

If you have comments on Typemock Isolator or ideas on how to improve it, please visit  www.typemock.com/contact-us. 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 (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/terms-and-conditions (or such successor URL as Typemock may provide), so that you will be apprised of any changes. It is hereby 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 disclaim any responsibility for any harm resulting from your use (or use by your employees, agents, representatives or contractors) of Typemock Isolator and/or any third party software or content accessed in conjunction with or through Typemock Isolator. TYPEMOCK ISOLATOR AND ANY THIRD PARTY SOFTWARE AND CONTENT MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH TYPEMOCK ISOLATOR 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.

TYPEMOCK AND ANY THIRD PARTY WHO MAKES ITS SOFTWARE OR CONTENT AVAILABLE IN CONJUNCTION WITH OR THROUGH TYPEMOCK ISOLATOR DISCLAIM ANY WARRANTIES REGARDING THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF TYPEMOCK ISOLATOR AND SUCH THIRD PARTY SOFTWARE OR CONTENT. YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD AND/OR USE TYPEMOCK ISOLATOR AND ALL THIRD PARTY SOFTWARE OR CONTENT MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH TYPEMOCK ISOLATOR 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 ISOLATOR 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 BE LIABLE TO ANY USER ON ACCOUNT OF THAT USER'S USE OR MISUSE OF TYPEMOCK ISOLATOR 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 AND ALL THIRD PARTY SOFTWARE OR CONTENT MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH TYPEMOCK ISOLATOR, FROM INABILITY TO USE TYPEMOCK ISOLATOR AND ALL THIRD PARTY SOFTWARE OR CONTENT MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH TYPEMOCK ISOLATOR, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF TYPEMOCK ISOLATOR AND ALL THIRD PARTY SOFTWARE AND CONTENT MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH TYPEMOCK ISOLATOR (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.

NOTWITHSTANDING ANYTHING TO THE CONTRARY ABOVE, THE ABOVE LIMITATIONS OF LIABILITY SHALL NOT APPLY TO TYPEMOCK’S DEFENSE AND INDEMNIFICATION OBLIGATIONS SET FORTH BELOW

TYPEMOCK AGREES TO DEFEND, INDEMNIFY YOU AND HOLD YOU HARMLESS (THE “INDEMNITEES”) FROM AND AGAINST ANY AND ALL CLAIMS, ACTIONS, DEMANDS, LEGAL PROCEEDINGS, LIABILITIES, DAMAGES, LOSSES,  JUDGMENTS, AUTHORIZED SETTLEMENTS, COSTS OR EXPENSES, INCLUDING, WITHOUT LIMITATION, ATTORNEYS’ FEES (THE “DAMAGES”) ARISING OUT OF OR IN CONNECTION WITH ANY ACTUAL INFRINGEMENT BY TYPEMOCK AND/OR TYPEMOCK ISOLATOR OF A COPYRIGHT, PATENT, TRADEMARK, TRADE SECRET OR OTHER PROPRIETARY OR INTELLECTUAL PROPERTY RIGHT OF ANY THIRD PARTY. The foregoing shall not apply to the extent that the infringement arises: (i) from the use of the software in a manner for which it was not intended, or (ii) from the use of the software not in compliance with the documentation or instructions provided by Typemock, or (iii) where the infringement results from the alteration or modification of the software, or the combination of the software with any software, hardware, system, services or application not provided by Typemock.

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.