End-User License Agreement (EULA) of Karate-Visual Studio Code Extension
This End-User License Agreement ("EULA") is a legal agreement between you and Karate Labs Inc.("Developer").
This EULA agreement governs your acquisition and use of our Karate-Visual Studio Code Extension ("Software") directly via the Visual Studio Code Marketplace Service or indirectly through an authorized reseller or distributor (a "Reseller").
Please read this EULA agreement carefully before completing the installation process and using the Karate-Visual Studio Code Extension. It provides a license to use the Karate-Visual Studio Code Extension and contains warranty information and liability disclaimers.
If you register for a free trial of the Karate-Visual Studio Code Extension, this EULA agreement will also govern that trial. By clicking "accept" or installing and/or using the Karate-Visual Studio Code Extension, you are confirming your acceptance of the Software and agreeing to become bound by the terms of this EULA agreement.
If you are entering into this EULA agreement on behalf of a company or other legal entity, you represent that you have the authority to bind such entity and its affiliates to these terms and conditions. If you do not have such authority or if you do not agree with the terms and conditions of this EULA agreement, do not install or use the Software, and you must not accept this EULA agreement.
This EULA agreement shall apply only to the Software supplied by Developer herewith regardless of whether other software is referred to or described herein. The terms also apply to any Developer updates, supplements, Internet-based services, and support services for the Software, unless other terms accompany those items on delivery. If so, those terms apply.
Developer hereby grants you a personal, non-transferable, non-exclusive licence to use the Karate-Visual Studio Code Extension on your devices in accordance with the terms of this EULA agreement.
You are permitted to load the Karate-Visual Studio Code Extension under your control. You are responsible for ensuring your device meets the minimum requirements of the Karate-Visual Studio Code Extension.
You are not permitted to:
Edit, alter, modify, adapt, translate or otherwise change the whole or any part of the Software nor permit the whole or any part of the Software to be combined with or become incorporated in any other software, nor decompile, disassemble or reverse engineer the Software or attempt to do any such things
Reproduce, copy, distribute, resell or otherwise use the Software for any commercial purpose
Allow any third party to use the Software on behalf of or for the benefit of any third party
Use the Software in any way which breaches any applicable local, national or international law
Use the Software for any purpose that Developer considers is a breach of this EULA agreement
Intellectual Property and Ownership
Developer shall at all times retain ownership of the Software as originally downloaded by you and all subsequent downloads of the Software by you. The Software (and the copyright, and other intellectual property rights of whatever nature in the Software, including any modifications made thereto) are and shall remain the property of Developer.
Developer reserves the right to grant licences to use the Software to third parties.
This EULA agreement is effective from the date you first use the Software and shall continue until terminated. You may terminate it at any time upon written notice to Developer.
It will also terminate immediately if you fail to comply with any term of this EULA agreement. Upon such termination, the licenses granted by this EULA agreement will immediately terminate and you agree to stop all access and use of the Software. The provisions that by their nature continue and survive will survive any termination of this EULA agreement.
This EULA agreement, and any dispute arising out of or in connection with this EULA agreement, shall be governed by and construed in accordance with the laws of State of Texas, USA.
THE KARATE-VISUAL STUDIO CODE EXTENSION IS PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES. USE OF THE PRODUCTS IS AT YOUR OWN RISK. THE DEVELOPER MAKES NO WARRANTY AS TO ITS USE OR PERFORMANCE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, DEVELOPER DISCLAIMS ALL OTHER WARRANTIES AND CONDITIONS, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, WITH REGARD TO THE EXTENSIONS, AND THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES. DEVELOPER DOES NOT WARRANT THAT THE KARATE-VISUAL STUDIO CODE EXTENSION IS ACCURATE, RELIABLE OR CORRECT; THAT THE EXTENSION WILL MEET YOUR REQUIREMENTS; THAT THE EXTENSION WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE EXTENSIONS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
IN NO EVENT WILL THE DEVELOPER BE LIABLE FOR ANY DIRECT OR INDIRECT COSTS, LOSSES OR DAMAGES ASSOCIATED WITH THE USE OF DEVELOPER EXTENSIONS.
DEVELOPER SHALL NOT BE LIABLE TO YOU FOR ANY LOST PROFITS OR CONSEQUENTIAL DAMAGES, HOWEVER CAUSED AND, IN NO EVENT WILL THE DEVELOPER’S AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT OR THE USE OF THE EXTENSION, EXCEED THE FEES WHICH YOU PAID VIA THE VISUAL STUDIO CODE MARKETPLACE SERVICE FOR THE EXTENSIONS IN THE THREE-MONTH PERIOD PRECEDING THE CLAIM. THIS LIMITATION WILL APPLY EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF THE LIABILITY EXCEEDING THE AMOUNT AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.