Prior to downloading and installing the Tenjin Online, it is important to review and understand the following terms and conditions. By proceeding to download and utilize the Recorder, you are acknowledging your acceptance of the terms outlined in this License Agreement (“Agreement”). Your act of downloading the Recorder indicates your consent to this Agreement.
If you are representing a corporation or any other legal entity (“organization”) while entering into this Agreement, then (i) unless specified otherwise, all mentions of “you” in this Agreement thereafter refer to the organization, and (ii) by downloading and utilizing the Recorder, you affirm and assure (x) your current employment status within the organization, along with the authority and legal capacity to enter into this Agreement on behalf of the organization, and (y) the organization’s agreement to abide by all terms stipulated within this Agreement.
Should you disagree with any of the terms and conditions detailed in this Agreement, refrain from downloading or installing the Recorder.
A downloadable and printable copy of this agreement is accessible through standard web browsers at Tenjin Online.com.
It is imperative to understand that this is a licensing arrangement, not a sale. The Recorder provided with this Agreement is licensed to you under the ensuing terms and conditions, which delineate the permissible and impermissible actions concerning the Recorder. This Agreement constitutes the comprehensive understanding between you and Tenjin Online, superseding any prior agreements,
whether oral or written, pertaining to the subject matter addressed herein.
INTRODUCTION
The Tenjin Online Recorder serves as a browser plugin for Chrome and Firefox, aiding in automation testing recording and playback, and facilitating result exports to Tenjin Online Analytics and various frameworks such as C#, Java, Ruby, Python, and Robot. Further information is available in the online guides and documentation accompanying the Recorder or provided at https://docs.Tenjin Online.com (referred to as the “Documentation”).
LICENSE
In compliance with the terms and conditions specified in this Agreement, Tenjin Online grants you a nonexclusive, nontransferable license to (a) utilize the Recorder solely on your computers as per the Documentation for assisting in the automation testing of your applications, and (b) make modifications and corrections to the Recorder (“Modifications”) in conjunction with this authorized use and pursuant to the instructions outlined in any Documentation. In the event you represent an organization, your utilization of the Recorder encompasses usage by your Affiliates (as defined below) and will be regarded as part of “you” and “your organization,” subject to all clauses of this :
Agreement and the following conditions: (a) you are accountable for ensuring each of your Affiliates’ compliance with this Agreement and will be jointly and severally liable with each Affiliate for any breaches of the provisions outlined herein, and (b) the entity may not employ the Recorder under your license once it ceases to be an Affiliate. For the purposes of this Agreement, an “Affiliate” refers to any entity that controls, is controlled by, or is under common control with you, where “control” implies ownership of at least 50% of the voting stock of such entity. Additionally, you are permitted to use the Documentation exclusively in connection with your use of the Recorder. You may produce a reasonable number of copies of the Recorder and Documentation for your usage. This license is applicable solely to the version of the Recorder you have downloaded and not to any subsequent versions.
CONDITIONS AND LIMITATIONS
• The following conditions and limitations govern your utilization of the Recorder:
• You are prohibited from accessing the Recorder if you are or become a direct competitor of Tenjin Online, unless with prior written consent from Tenjin Online.
• The Recorder must not be utilized for monitoring its performance or functionality or for any benchmarking or competitive purposes.
• The distribution outside your organization, sublicensing, copying, or public display of the Recorder, including its binary versions, is strictly prohibited.
• You must not use the Recorder on behalf of any third party or permit any third party to utilize it.
• Decompiling or reverse engineering the Recorder is prohibited.
• Removal of any proprietary rights notices on the Recorder is prohibited.
• The Recorder must not be utilized in contravention of the Documentation.
• Unauthorized attempts to access the Recorder or circumvent its security measures are strictly prohibited.
In instances where local laws may grant rights allowing reverse engineering of the Recorder, you must: (1) initially request technical information from Tenjin Online, (2) utilize this technical information solely for the purpose of ensuring interoperability and compatibility, and (3) treat this technical information as Tenjin Online’s confidential information, adhering to the terms stipulated in this Agreement.
MODIFICATIONS AND FEEDBACK
Modifications may be submitted to Tenjin Online via Tenjin Online’s Git repository, in accordance with the Documentation (https://docs.Tenjin Online.com). All Modifications and any feedback provided by you, including suggestions, enhancement requests, recommendations, or other feedback concerning the Recorder (“Feedback”), are the exclusive property of Tenjin Online. You, on behalf of yourself and your users, hereby assign to Tenjin Online all rights, title, and interest, including all intellectual property rights, in and to all Modifications and Feedback. To the extent ownership rights are not effectively transferred to Tenjin Online, you grant Tenjin Online a royalty-free, worldwide, irrevocable, perpetual license to utilize, copy, display, perform, distribute, modify, create derivative works of, and otherwise utilize and exploit any Feedback and Modifications and incorporate them into the Recorder, authorizing others to do the same. Tenjin Online reserves the right to use and integrate any feedback and modifications submitted. Additionally, the following conditions and requirements apply to any Modifications you make:
All Modifications must be made available by you in source code form if you wish the Modification to be included in a Recorder release.
You are prohibited from distributing the Modifications together with the Recorder; only Tenjin Online, as the steward of the Recorder, may release updated versions of the Recorder that may or may not include Modifications.
You represent, warrant, and covenant that you will not incorporate into any Modifications any material for which you do not hold full rights to provide, or any software subject to license terms mandating its use, modification, or distribution in source code form, or for the creation of derivative works.
RESERVATION OF RIGHTS
Save for the limited rights explicitly granted in this Agreement, Tenjin Online reserves all rights, title, and interest in and to the Recorder and any Modifications, including all related intellectual property rights. No rights are conferred to you beyond those expressly outlined in this Agreement. You acknowledge and affirm that the Recorder, Documentation, and the information contained therein constitute Tenjin Online’s confidential and proprietary information. You agree to maintain the confidentiality of such information, taking necessary precautions to prevent its disclosure, and refrain from utilizing or disclosing such information for any purpose other than as expressly authorized by this Agreement.
THIRD-PARTY COMPONENTS
The Recorder may incorporate software licensed from third parties, including open-source software (“Third-Party Software”), and such third parties may be beneficiaries of this Agreement, having the authority to enforce the provisions concerning their Third-Party Software directly. You must comply with any additional license terms, restrictions, and conditions (including notices) pertaining to Third-Party Software provided with the Recorder or made accessible by Tenjin Online via the Documentation (“Third-Party Terms”). In cases where the Third-Party Terms conflict with this Agreement, the Third-Party Terms will govern solely with respect to the Third-Party Software they apply.
TERMINATION
Your license to the Recorder and Documentation will end immediately under the following circumstances: (a) cessation of Recorder usage, or (b) violation of any terms in this Agreement. Upon termination for any reason, you must promptly delete all copies of the Recorder and associated Documentation in your possession or control.
DISCLAIMERS
The Recorder is provided without charge and “as-is.” Consequently, Tenjin Online does not provide, and disclaims, all warranties and conditions, whether express, implied, statutory, or otherwise, including but not limited to warranties of merchantability, non-infringement, satisfactory quality, or fitness for a particular purpose, to the extent permitted by applicable law.
LIMITATION OF LIABILITY
Under this Agreement or otherwise, Tenjin Online and its officers, directors, agents, and employees will not be liable to you for an amount exceeding $50. Additionally, Tenjin Online and its officers, directors, agents, and employees will not be liable to you for consequential, exemplary, incidental, or indirect damages or costs (including legal fees and expenses) or loss of goodwill or profit in connection with the Recorder or this Agreement, even if Tenjin Online has been informed of the possibility of such damages or costs. Some jurisdictions may not allow the limitation or exclusion of liability for incidental or consequential damages, thus this provision may not apply to you.
COMMUNICATIONS
For general inquiries and communications concerning the Recorder and Documentation, emails can be sent to hello@tenjinonline.com
GOVERNING LAW AND LANGUAGE
This Agreement is governed by the laws of Republic of India. The United Nations Convention on Contracts for the International Sale of Goods does not apply. English is the official language of this Agreement, and all contract interpretations, notices, and dispute resolutions shall be in English.
DISPUTE RESOLUTION
The Parties shall submit all disputes and differences howsoever arising out of or in connection with this Agreement to arbitration by sole arbitrator. All matters in the arbitration shall be governed by the Arbitration and Conciliation Act, 1996. The place of arbitration shall be Bangalore, India and the language to be used in the arbitration proceedings shall be English. The award of the arbitration proceedings will be final and binding on both Parties to the Agreement.
LIMITATION OF ACTIONS
Any action arising from this Agreement must be brought within one year after the cause of action accrues.
EXPORT COMPLIANCE
The Recorder may be subject to export laws and regulations of India and other jurisdictions.
MISCELLANEOUS
The parties are independent contractors, and this Agreement does not establish a partnership, franchise, joint venture, agency, fiduciary, or employment relationship. There are no third-party beneficiaries. Any waiver or modification of this Agreement must be in writing and signed by authorized representatives. Failure or delay in exercising any right does not constitute a waiver. If any provision is declared invalid, the remainder of the Agreement remains in effect. Assignment of this Agreement requires prior written consent. Any attempted sublicense, assignment, or transfer is null and void.