End User License Agreement

1. Grant of License

Subject to your payment of the applicable fees (where applicable) and your compliance with this Agreement, we grant you a non-exclusive, non-transferable, non-sublicensable right to install and use one copy of the Software on a single server that you own or control, for your internal business purposes only.

The scope of the license — including the edition, the number of users, projects, connected agents, concurrent runs and Test Rex prompt allowances — is determined by the edition of the license issued to you and may be extended or changed only with a new or upgraded license.

If you install the Software without an active license, it operates in trial mode for a free 30-day period ("Trial"). Trial mode is provided for evaluation purposes only.

2. License Keys, Machine Binding and Offline Validation

The Software is activated with a signed license file (.lic) tied to a unique license key. Each license is bound to the machine identified by its machine fingerprint at the time of activation.

One license authorises one server installation. A bound license will be rejected on any other machine unless it has been reissued for that machine.

Licenses are validated offline by the Software itself. Neither the Software nor the license activation process requires any communication with our infrastructure, and we receive no data from your server as a result of license validation.

3. Trials, Subscriptions and Renewals

• Trial: every fresh installation starts a 30-day free trial with no license required.
• Subscriptions: paid licenses are issued as annual subscriptions of 12 months from the activation date, unless a different term is quoted in writing.
• Renewal: renewing a license extends it by the agreed term and re-signs the license file so the installed copy always reflects the new expiry date.
• Grace period: after expiry, the Software continues to operate for a grace period of 7 days before license validation stops.
• Reminders: we send renewal reminders by email when 30 days or fewer remain on a subscription.

4. Permitted Use

You may use the Software to create, run, schedule and manage automated tests for web, mobile, API and performance testing, and to operate the built-in client portal for your customers (each a "Customer") to manage their own licenses, machines, downloads, invoices and support requests.

You may connect runner agents to the Software on machines you own or control, subject to the connected-agent limit of your edition and the version-gating rules of the Software.

5. Restrictions

You may not, and may not permit any third party to:

• reverse engineer, decompile, disassemble or otherwise attempt to derive the source code of the Software, except to the extent expressly permitted by applicable law despite this limitation;
• sell, resell, rent, lease, sublicense, or provide the Software as a hosted or managed service to third parties, except through the built-in client portal for your own Customers as intended by the product;
• copy, modify, translate or create derivative works of the Software;
• remove, obscure or alter any copyright, trademark or other proprietary notices;
• circumvent, disable or interfere with the license validation, machine-binding or security mechanisms of the Software;
• use the Software to violate any applicable law or regulation, or to infringe the rights of any third party.

6. Third-Party Components

The Software bundles certain open-source and third-party components, including the Node.js runtime, PostgreSQL and the Chromium browser runtime, which are licensed to you under their respective open-source licenses. Your use of those components is governed by their own licenses, and this Agreement does not restrict rights you may have under them.

7. Updates and Upgrades

We may provide updates and upgrades to the Software from time to time. Updates are installed in place and preserve your data. This Agreement applies to all updates and upgrades unless we provide separate terms with them.

8. Your Data

The Software runs on your own servers, and all test data, test results, videos, credentials, projects and settings created or stored through the Software remain on your servers. We do not access, store or process this data, except for anonymised diagnostic information you voluntarily provide to us for support purposes.

You are responsible for the data you and your Customers store in the Software, including ensuring you have the right to use it and that it is collected and processed lawfully.

9. Term and Termination

This Agreement is effective from the date you install the Software and continues until terminated. It terminates automatically if your license is not renewed after its expiry and the applicable grace period.

We may terminate this Agreement with immediate effect if you breach this Agreement and fail to remedy the breach within 14 days of notice.

On termination, you must stop using the Software and delete or destroy all copies, including any license files. Sections 5, 8, 11, 12 and 13 survive termination.

10. Warranty Disclaimer

THE SOFTWARE IS PROVIDED "AS IS" AND "AS AVAILABLE", WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE. YOU USE THE SOFTWARE AT YOUR OWN RISK.

11. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NEITHER PARTY SHALL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA OR GOODWILL, ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

OUR TOTAL LIABILITY UNDER THIS AGREEMENT SHALL NOT EXCEED THE TOTAL FEES YOU PAID TO US FOR THE LICENSE IN THE 12 MONTHS PRECEDING THE CLAIM.

12. Compliance with Laws

You are responsible for complying with all applicable laws and regulations in your use of the Software, including export-control and data-protection laws.

13. General

• This Agreement constitutes the entire agreement between the parties regarding the Software and supersedes all prior agreements.
• We may update this Agreement from time to time. Material changes will be communicated by email or on our website. Continued use of the Software after the effective date of a change constitutes acceptance.
• If any provision is held unenforceable, the remaining provisions remain in full force.
• This Agreement is governed by the laws of the Republic of South Africa, and the parties submit to the exclusive jurisdiction of the South African courts.
• Support questions: support@supersqe.com. Quotations and sales: sales@supersqe.com.