ranorex_flutternative 0.0.3

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RANOREX SOFTWARE LICENSE AGREEMENT - Version 1.0 - July 16th, 2024

https://www.ideracorp.com/legal/ranorex

(a) Use – Subject to the terms and conditions of this Agreement
including, but not limited to the applicable licensing restrictions 
set forth in Section 2(b) below, and subject further to Customer’s 
full compliance herewith and according to the scope, time period 
and other terms indicated on the applicable Purchase Order 
delivered in connection with this Agreement, Ranorex hereby 
grants Customer and Customer hereby accepts from Ranorex, 
a perpetual, non-exclusive and non-transferable right and 
license to install the Licensed Software on computer hardware 
that is owned or operated by or on behalf of Customer, to access 
and use the Licensed Material in accordance with the applicable 
restrictions and conditions contained in this Agreement and to 
copy the Licensed Material as permitted by this Agreement. 
Customer’s right to use the Licensed Material shall extend to use 
by third parties under a written agreement with Customer to 
provide outsourcing services for Customer's own internal 
business operations; provided, that (i) such third parties have 
agreed to abide by the terms of this Agreement and (ii) Customer 
shall remain primarily liable for all acts and omissions by such 
third parties. Customer’s right to use the Licensed Material shall 
also extend to use by Customer’s Affiliates, provided that (x) 
such Customer Affiliates have agreed to abide by the terms of 
this Agreement, and (y) Customer shall remain primarily liable 
for all acts and omissions by such Customer Affiliates. 
(b) License Usage and Restrictions – Customer acknowledges
and agrees that, as between Customer and Ranorex, Ranorex
or its subsidiaries owns and shall continue to own all right, title, 
and interest in and to the Licensed Material, including associated 
intellectual property rights under copyright, trade secret, patent, 
or trademark laws. This Agreement does not grant Customer any 
ownership interest in or to the Licensed Material, but only a 
limited right and license to install and use the Licensed Software 
and to use the Licensed Material in accordance with the terms 
of this Agreement and each applicable Purchase Order.
Customer further acknowledges and agrees that the licenses 
granted hereunder and the restrictions applicable to Customer’s 
installation and use of the License Software will vary according 
to the type of Licensed Software purchased by Customer and 
the type of license purchased by Customer. One or more of the 
restrictions set forth in this Section 2 may apply to the Licensed 
Software depending upon the type of licensed purchased and 
the terms contained in the applicable Purchase Order relating to 
the Licensed Software. Customer is encouraged to carefully 
review all terms and restrictions contained in this Section 2 and 
each Purchase Order. Customer hereby agrees to the following 
license restrictions and conditions applicable to the Licensed 
Software as set forth in the Purchase Orders delivered by 
Customer under this Agreement:
(i) For all Licensed Software made generally available by 
Ranorex on a “single seat” or “workstation” basis and 
licensed hereunder by Customer on a “single seat” or 
“workstation” basis (a “Workstation License”), 
Customer may install and operate such Licensed 
Software on one (1) Physical Machine;
(ii) For all Licensed Software made generally available by 
Ranorex on a “Enterprise License” or “concurrent 
users” basis (an “Enterprise License” or “Concurrent 
License”) and licensed hereunder by Customer as an
Enterprise License or Concurrent License, Customer 
may install and operate such Licensed Software on a 
network that is owned or operated by or on behalf of 
Customer to be used concurrently on an unlimited 
number of Physical Machines or Virtual Machines by 
up to the authorized number of Named Users for 
which Customer has purchased a license;
(iii) For all Licensed Software made generally available by 
Ranorex and licensed hereunder by Customer on a 
“Runtime License” basis, Customer may install and 
operate such Licensed Software on a network that is 
owned or operated by or on behalf of Customer to be 
used concurrently on an unlimited number of Physical
Machines or Virtual Machines by up to the authorized 
number of Named Users for which Customer has 
purchased a license, provided that Customer must 
also purchase or have purchased at least one (1) 
license of Ranorex Studio or Ranorex Enterprise. 
(iv) For all Licensed Software made generally available by 
Ranorex and licensed hereunder by Customer on a 
“Driver” or “Development” or “API” basis, Customer 
may install and operate such Licensed Software on a 
network that is owned or operated by or on behalf of 
Customer to be used concurrently on an unlimited 
number of Physical Machines or Virtual Machines by 
up to the authorized number of Named Users for 
which Customer has purchased a license, provided 
that Customer must also purchase or have purchased 
at least one (1) license of Ranorex Studio or Ranorex 
Enterprise.
(c) Additional Restrictions Applicable to Workstation Licenses 
– To the extent that Customer purchases any license that is 
designated as a “Workstation License” as set forth in the 
Purchase Order applicable to such license, Customer may not 
install or use the Licensed Software or any part thereof on a 
Virtual Machine. Customer may transfer a Workstation License 
installed and operated on a Physical Machine to a subsequent 
Physical Machine owned or operated by or on behalf of 
Customer upon prior written consent from Ranorex, provided 
that Customer acknowledges and agrees that Maintenance 
Services provided hereunder do not include support for 
transferring a Workstation License to a subsequent Physical 
Machine and any support provided by Ranorex to Customer in 
Ranorex Inc. - 3 - Perpetual SLA Ver. 050123ns
connection therewith shall be deemed “Ancillary Services” as 
defined in Section 2(k) below. 
(d) Additional Terms Governing Connected Hardware –
Customer is encouraged to exercise caution when using the 
Licensed Software in connection with Connected Hardware. 
Customer shall assume all liability associated with using the 
Licensed Software in connection with Connected Hardware. 
Customer alone is responsible for ensuring that (i) the Licensed 
Software is capable of functioning in the operating conditions
rendered by the Connected Hardware, (ii) the Customer’s means 
of transferring data or information to the Connected Hardware 
does not cause damage to the Connected Hardware, including 
but not limited to the general setup, switching operations, use of 
connected bus systems, and/or automated use of the Licensed 
Software in any way, and (iii) that any Connected Hardware to 
be controlled by the Licensed Software is capable of receiving
instructions and/or information from the Licensed Software. The 
automated operation of running tests designed, created, 
modified or edited using the Licensed Software on Connected 
Hardware should only be carried out under the supervision of 
properly trained personnel with extensive knowledge and
familiarity with the operation of the Licensed Software and the 
Connected Hardware. Ranorex strongly encourages Customer 
to disconnect Connected Hardware from the Virtual Machine or 
Physical Machine where the Licensed Software is installed 
before executing any automated tests on the Connected 
Hardware in order to prevent damage to the Connected 
Hardware.
RANOREX DOES NOT WARRANT THAT THE LICENSED
SOFTWARE WILL OPERATE WITHOUT INTERRUPTION OR 
BE ERROR FREE IN CONNECTION WITH CONNECTED 
HARDWARE. UNDER NO CIRCUMSTANCES WILL 
RANOREX OR ITS AUTHORIZED REPRESENTATIVES BE 
LIABLE FOR ANY DAMAGES, INCLUDING BUT NOT LIMITED 
TO CONSEQUENTIAL, DIRECT OR INDIRECT, SPECIAL, 
PUNITIVE, EXEMPLARY OR INCIDENTAL DAMAGES, 
WHETHER FORESEEABLE OR UNFORESEEABLE OR 
WHETHER BASED ON CLAIMS BY CUSTOMER OR ANY 
THIRD PARTY, ARISING OUT OF OR RELATED TO 
CUSTOMER’S USE OF LICENSED SOFTWARE IN 
CONNECTION WITH CONNECTED HARDWARE. 
(e) Territory Restrictions. To the extent any license purchased 
hereunder is restricted to a Licensed Country, such Licensed 
Country shall be expressly set forth in the Purchase Order, and 
Customer shall not install, access, or use the Licensed Software 
from any location other than the Licensed Country. To the extent 
the Purchase Order omits any reference to a Licensed Country 
and does not otherwise limit or restrict Customer’s right to install, 
access, or use the Licensed Software to a geographic territory, 
such licenses of the Licensed Software may be installed, 
accessed and used globally.
(i) Copies & Disaster Recovery -- Customer may make a 
reasonable number of back-up archival copies of the Licensed 
Software. In the event of any outage that results in the complete 
failure of the computer system upon which Customer has 
installed the Licensed Software, Customer’s right to use the 
Licensed Software shall include, during the pendency of such 
outage, the temporary right to use the Licensed Software in a 
replacement computing environment substantially similar to the 
original computing environment upon which the Licensed 
Software was installed immediately prior to such outage. 
Customer shall reproduce all confidentiality and proprietary 
notices on each of the copies permitted hereunder and maintain 
an accurate record of the location of each of the copies. 
Customer shall not otherwise copy or duplicate the Licensed 
Material. Customer shall not reverse engineer, disassemble, 
translate, modify, adapt, or decompile the Licensed Material or 
apply any procedure or process to the Licensed Material in order 
to ascertain, derive, and/or appropriate the source code or 
source listings for the Licensed Software or any trade secret or 
other proprietary information contained in the Licensed 
Software.
(j) Maintenance Optional – Customer’s right to use the Licensed 
Software shall survive any election by Customer to terminate or 
not renew Maintenance Services from Ranorex.
(k) Other Services – All licenses and Maintenance Services 
purchased by Customer in respect of the Licensed Material shall 
be governed by this Agreement, together with the applicable 
Purchase Orders delivered hereunder. Unless otherwise agreed 
by the parties in writing, all other services purchased by 
Customer in respect of the Licensed Software, if any, including 
implementation services, training services and professional 
services (collectively, “Ancillary Services”), shall be governed 
solely by a separate written mutually acceptable services 
agreement entered into by the parties or, in the absence of such 
agreement, Ranorex’s standard professional services 
agreement, and acceptance of the Licensed Material shall not 
be contingent upon Customer’s acceptance of any such 
Ancillary Services