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BY INSTALLING, ACCESSING AND/OR USING THE SOFTWARE (AS DEFINED BELOW), YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOU, OR THE COMPANY YOU REPRESENT, (“YOU” OR “LICENSEE”) ARE ENTERING INTO A LEGAL AGREEMENT WITH APPLITOOLS LTD. AND ITS AFFILIATES (“APPLITOOLS”), AND HAVE UNDERSTOOD AND AGREE TO COMPLY WITH, AND BE LEGALLY BOUND BY, THE TERMS AND CONDITIONS OF THIS AGREEMENT. YOU HEREBY WAIVE ANY RIGHTS OR REQUIREMENTS UNDER ANY LAWS OR REGULATIONS IN ANY JURISDICTION WHICH REQUIRE AN ORIGINAL (NON-ELECTRONIC) SIGNATURE OR DELIVERY OR RETENTION OF NON-ELECTRONIC RECORDS, TO THE EXTENT PERMITTED UNDER APPLICABLE LAW. \nTHE SOFTWARE MAY BE USED SOLELY FOR YOUR PERSONAL, NON-COMMERCIAL PURPOSES. FOR COMMERCIAL PURPOSES PLEASE CONTACT THE REGIONAL APPLITOOLS BUSINESS REPRESENTATIVE. \n1. Definitions. For purposes of this Agreement, the following capitalized terms shall have the following meaning:\n   1. “Documentation” means the user’s guides and technical manuals delivered by Applitools to Licensee.\n   2.  “Feedback” means suggestions, comments or feedback (whether orally or in writing) with respect to the Software.\n   3. “Intellectual Property Rights” means all intangible legal rights, titles and interests evidenced by or embodied in all: (i) inventions (regardless of patentability and whether or not reduced to practice), improvements thereto, patents, patent applications, patent disclosures, together with all reissuances, continuations, continuations in part, revisions, extensions and reexaminations thereof; (ii) trademarks, service marks, trade dress, logos, trade names, corporate names, together with translations, adaptations, derivations and combinations thereof, including goodwill associated therewith, and applications, registrations, and renewals in connection therewith; (iii) any work of authorship, regardless of copyrightable, copyrightable works, copyrights (including moral rights), and applications, registrations and renewals in connection therewith; (iv) mask works and applications, registrations and renewals in connection therewith; (v) trade secrets and Confidential Information; and (vi) other proprietary rights and any other similar rights, in each case on a worldwide basis, and copies and tangible embodiments thereof, in whatever form or medium.\n   4. “License” means the right to use the Software pursuant to Section ‎2.1 to this Agreement.\n   5.  “Software” means Applitools’ software development kit software in object or source code version, Documentation and any updates and upgrade thereto (to the extent delivered).\n1. License\n   1. Grant of License. Subject to the terms and conditions of this Agreement, Applitools grants You, during the Term, a personal, non-exclusive, non-sublicensable, non-transferable, revocable license to: (i) use the Software solely for Your own personal (non-commercial) use and (ii) use and display Applitools’ Marks solely for the purpose of publicizing or advertising that You are using the Software. \n   2. Documentation. Applitools may make available Documentation to Licensee for Licensee to use solely in connection with Licensee’s use of the Software during the term of this Agreement. Licensee may print or copy the Documentation as needed for its own purposes provided that all copyright notices are included therein. The Documentation shall be considered the Confidential Information of Applitools. \n   1. Reservation of Rights; Use Restrictions. Other than the rights explicitly granted in this Agreement, Licensee shall have no other rights, express or implied, in the Software. Without limiting the generality of the foregoing, Licensee agrees and undertakes not to: (i) allow any third party to use the Software in any manner, including but not limited to, sell, lease, sublicense or distribute the Software, or any part thereof; (ii) modify, revise, or alter the Software or reverse engineer, decompile, disassemble or otherwise reduce to human-perceivable form the Software’s source code; (iii) copy or allow copies of the Software to be made; (iv) remove, alter or obscure any proprietary notice or identification, including copyright, trademark, patent or other notices, contained in or displayed on or via the Software; (v) use the Software to violate any applicable laws, rules or regulations, or for any unlawful, harmful, irresponsible, or inappropriate purpose, or in any manner that breaches this Agreement, and/or (vi) represent that it possesses any proprietary interest in the Software.\n   1. Third Party Software. Licensee acknowledges and agrees that any third party software (“Third Party Software”) that provided with the Software is provided under the terms of the license attached/linked thereto or, if no such license is attached, such Third Party Software is provided for free and on “AS IS” basis. Applitools is not liable for any losses or damages which may occur resulting from the use of any Third Party Software. Applitools does not possess any proprietary interest in such Third Party Software. \n   1. Open Source Licenses. The Software includes certain open source code software and materials (as shall be listed in the documentation of the Software) (“Open Source Software”) that are subject to their respective open source licenses (“Open Source Licenses”). Such Open Source Licenses contain a list of conditions with respect to warranty, copyright policy and other provisions. By executing this Agreement, Licensee undertakes to strictly comply with the terms and condition of the Open Source Licenses, as may be amended from time to time. In order to comply with the Open Source Licenses, Licensee shall read the respective licenses or notices, such list of Open Source Licenses may be amended from time to time by Applitools, at its sole discretion. In the event of any inconsistencies or conflicting provisions between the provisions of the Open Source Licenses and the provisions of this Agreement, the provisions of the Open Source Licenses shall prevail. Without derogating from the generality of the foregoing, it is clarified that any Open Source Software is provided on an “AS IS” basis, without indemnity or warranty of any kind, whether express or implied. For clarity, the representations and warranties set forth in Section ‎4 hereunder shall not apply to any Open Source Software.\n1. Title & Ownership. APPLITOOLS DOES NOT SELL OR TRANSFER TITLE IN THE SOFTWARE, OR ANY PART THEREOF, TO LICENSEE. The Documentation, Software (excluding any Open Source Software and Third Party Software therein which are owned by their respective licensors) and/or any copies thereof, including without limitation any derivative works made (regardless of whether such derivative works were made and/or developed pursuant to the request and/or specifications of Licensee, and irrespective of any support and/or assistance Applitools may, will or had received from Licensee, or any third party on its behalf, with respect thereto), as well as any updates or upgrades thereto, if provided to Applitools pursuant to this Agreement, shall remain Applitools’ sole and exclusive property. All Intellectual Property Rights evidenced by or embodied in and/or attached/connected/related to the Software, or part thereof, are and shall be owned solely and exclusively by Applitools. Nothing in this Agreement shall constitute a waiver of Applitools’ Intellectual Property Rights under any law, or be in any way construed or interpreted as such. It is further agreed that to the extent Licensee provides Applitools with Feedback, Licensee acknowledges that any and all rights, including Intellectual Property Rights in such Feedback shall belong exclusively to Applitools and Licensee hereby irrevocably and unconditionally transfers and assigns to Applitools all intellectual property rights in such Feedback and waives any and all moral rights that Licensee may have in respect thereto. It is further understood that use of Feedback, if any, may be made by Applitools at its sole discretion, and that Applitools in no way shall be obliged to make use of any kind of the Feedback or part thereof. \n1. Warranty. Applitools warrants that to its knowledge it has the right to grant the license under this Agreement. Applitools’ sole liability for any breach of this warranty or any other warranty under this Agreement shall be, at Applitools’ sole discretion: (i) to replace or repair the Software or the applicable portion thereof; or (ii) to terminate this Agreement.\n2. Warranty Exclusions. The warranties set forth in Section ‎4 are contingent upon Licensee’s proper use of the Software, and shall not apply to damage caused by abuse, misuse, alteration, neglect or unauthorized repair or installation, or by the use or attempted use of Software other than that supplied and supported by Applitools. Applitools will use reasonable commercial efforts to repair or replace the Software or the applicable portion thereof, pursuant to the foregoing warranty within thirty (30) days of being so notified.\n1. Warranty Disclaimers. AS BETWEEN LICENSEE AND APPLITOOLS, EXCEPT AS SET IN SECTION ‎4, THE SOFTWARE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND INCLUDING, WITHOUT LIMITATION, REPRESENTATIONS, WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR INTENDED OR PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, THAT THE SOFTWARE WILL MEET LICENSEE’S REQUIREMENTS OR EXPECTATIONS OR WILL ACHIEVE ANY SPECIFIC RESULTS AND THOSE ARISING BY STATUTE OR FROM A COURSE OF DEALING OR USAGE OF TRADE. Applicable law may not allow the exclusion of certain warranties, so to that extent such exclusions may not apply.\n1. High Risk Activities. You acknowledge that the Software is not fault tolerant and is not designed, manufactured, or intended for use or resale as on-line control equipment in hazardous or high risk environments and activities requiring fail-safe performance (such as in the operation of nuclear facilities, aircraft navigation or communication systems, air traffic control, direct life support machines and/or devices, or weapons systems) in which the failure of the Software could lead directly to death, personal injury, or severe physical or environmental damage, and You agree not to use or allow the use of the Software or any portion thereof for, or in connection with, any such environment or activity.\n1. Indemnify. You agree that Applitools shall have no liability whatsoever for any use made of the Software by You or any third party. You hereby agree to defend, indemnify and hold harmless Applitools and its affiliates and their respective officers, directors, agents and employees from any and all claims, damages, liabilities, costs, and expenses (including attorney’s fees) arising from claims related to Your use of the Software as well as from Your failure to comply with this Agreement.\n1. Limitation of Liability. UNDER NO CIRCUMSTANCES SHALL APPLITOOLS AND/OR ITS AFFILIATES BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, OR FOR ANY LOSS OF DATA, REVENUE, BUSINESS OR REPUTATION, THAT ARISES UNDER OR IN CONNECTION WITH THIS AGREEMENT, OR THAT RESULTS FROM THE USE OF, OR THE INABILITY TO USE, THE SOFTWARE. APPLITOOLS’S TOTAL AGGREGATE LIABILITY FOR ANY AND ALL DIRECT DAMAGES AND LOSSES THAT ARISE UNDER OR IN CONNECTION WITH THIS AGREEMENT SHALL NOT IN ANY CIRCUMSTANCE EXCEED THE AMOUNT OF 100.00 (ONE HUNDRED) UNITED STATES DOLLARS. THE FOREGOING LIMITATIONS AND EXCLUSIONS IN THIS SECTION ‎7 SHALL APPLY: (I) EVEN IF APPLITOOLS HAS BEEN ADVISED OF THE POSSIBILITY OF ANY DAMAGES OR LOSSES; (II) EVEN IF ANY REMEDY SET FORTH HEREIN FAILS OF ITS ESSENTIAL PURPOSE; AND (III) REGARDLESS OF THE BASIS OR THEORY OF LIABILITY.\n1. Export Laws. Licensee agrees to comply fully with all U.S., EU, Israeli, and all applicable export laws and regulations to ensure that neither the Software nor any technical data related thereto are exported or re-exported directly or indirectly in violation of, or used for any purposes prohibited by, such laws and regulations. For clarity, and without derogating from Section ‎11 below, in case of any change of any applicable law, policy or regulation, which might affect Applitools’ business, Applitools will have the right to terminate this Agreement and the license granted hereunder and the Licensee shall have no claims regarding such termination. \n1. Term and Termination. This Agreement shall continue until terminated as set forth in this section (the “Term”). You may terminate this Agreement at any time by removing the Software from Your system and destroying all copies of the Software and Documentation relating to the Software. Unauthorized copying of the Software or otherwise failing to comply with this Agreement will result in automatic immediate termination of this Agreement and will make available to Applitools legal remedies. Applitools reserves the right to terminate this Agreement and the License at any time and without notice. Upon termination of this Agreement, the License will terminate and You: (i) will cease any and all rights to use the Software, and (ii) will remove the Software from all hard drives, networks and other storage media and destroy all copies of the Software in your possession or under your control. 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This Agreement are governed by and construed under the laws of the State of Israel, excluding its conflicts of law rules. You expressly agree that the exclusive jurisdiction for any claim or action arising out of or relating to this Agreement shall be the courts located in Tel Aviv, Israel, and You further agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action. 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BY INSTALLING, ACCESSING AND/OR USING THE SOFTWARE (AS DEFINED BELOW), YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOU, OR THE COMPANY YOU REPRESENT, (“YOU” OR “LICENSEE”) ARE ENTERING INTO A LEGAL AGREEMENT WITH APPLITOOLS LTD. AND ITS AFFILIATES (“APPLITOOLS”), AND HAVE UNDERSTOOD AND AGREE TO COMPLY WITH, AND BE LEGALLY BOUND BY, THE TERMS AND CONDITIONS OF THIS AGREEMENT. YOU HEREBY WAIVE ANY RIGHTS OR REQUIREMENTS UNDER ANY LAWS OR REGULATIONS IN ANY JURISDICTION WHICH REQUIRE AN ORIGINAL (NON-ELECTRONIC) SIGNATURE OR DELIVERY OR RETENTION OF NON-ELECTRONIC RECORDS, TO THE EXTENT PERMITTED UNDER APPLICABLE LAW. \nTHE SOFTWARE MAY BE USED SOLELY FOR YOUR PERSONAL, NON-COMMERCIAL PURPOSES. FOR COMMERCIAL PURPOSES PLEASE CONTACT THE REGIONAL APPLITOOLS BUSINESS REPRESENTATIVE. \n1. Definitions. For purposes of this Agreement, the following capitalized terms shall have the following meaning:\n   1. “Documentation” means the user’s guides and technical manuals delivered by Applitools to Licensee.\n   2.  “Feedback” means suggestions, comments or feedback (whether orally or in writing) with respect to the Software.\n   3. “Intellectual Property Rights” means all intangible legal rights, titles and interests evidenced by or embodied in all: (i) inventions (regardless of patentability and whether or not reduced to practice), improvements thereto, patents, patent applications, patent disclosures, together with all reissuances, continuations, continuations in part, revisions, extensions and reexaminations thereof; (ii) trademarks, service marks, trade dress, logos, trade names, corporate names, together with translations, adaptations, derivations and combinations thereof, including goodwill associated therewith, and applications, registrations, and renewals in connection therewith; (iii) any work of authorship, regardless of copyrightable, copyrightable works, copyrights (including moral rights), and applications, registrations and renewals in connection therewith; (iv) mask works and applications, registrations and renewals in connection therewith; (v) trade secrets and Confidential Information; and (vi) other proprietary rights and any other similar rights, in each case on a worldwide basis, and copies and tangible embodiments thereof, in whatever form or medium.\n   4. “License” means the right to use the Software pursuant to Section ‎2.1 to this Agreement.\n   5.  “Software” means Applitools’ software development kit software in object or source code version, Documentation and any updates and upgrade thereto (to the extent delivered).\n1. License\n   1. Grant of License. Subject to the terms and conditions of this Agreement, Applitools grants You, during the Term, a personal, non-exclusive, non-sublicensable, non-transferable, revocable license to: (i) use the Software solely for Your own personal (non-commercial) use and (ii) use and display Applitools’ Marks solely for the purpose of publicizing or advertising that You are using the Software. \n   2. Documentation. Applitools may make available Documentation to Licensee for Licensee to use solely in connection with Licensee’s use of the Software during the term of this Agreement. Licensee may print or copy the Documentation as needed for its own purposes provided that all copyright notices are included therein. The Documentation shall be considered the Confidential Information of Applitools. \n   1. Reservation of Rights; Use Restrictions. Other than the rights explicitly granted in this Agreement, Licensee shall have no other rights, express or implied, in the Software. Without limiting the generality of the foregoing, Licensee agrees and undertakes not to: (i) allow any third party to use the Software in any manner, including but not limited to, sell, lease, sublicense or distribute the Software, or any part thereof; (ii) modify, revise, or alter the Software or reverse engineer, decompile, disassemble or otherwise reduce to human-perceivable form the Software’s source code; (iii) copy or allow copies of the Software to be made; (iv) remove, alter or obscure any proprietary notice or identification, including copyright, trademark, patent or other notices, contained in or displayed on or via the Software; (v) use the Software to violate any applicable laws, rules or regulations, or for any unlawful, harmful, irresponsible, or inappropriate purpose, or in any manner that breaches this Agreement, and/or (vi) represent that it possesses any proprietary interest in the Software.\n   1. Third Party Software. Licensee acknowledges and agrees that any third party software (“Third Party Software”) that provided with the Software is provided under the terms of the license attached/linked thereto or, if no such license is attached, such Third Party Software is provided for free and on “AS IS” basis. Applitools is not liable for any losses or damages which may occur resulting from the use of any Third Party Software. Applitools does not possess any proprietary interest in such Third Party Software. \n   1. Open Source Licenses. The Software includes certain open source code software and materials (as shall be listed in the documentation of the Software) (“Open Source Software”) that are subject to their respective open source licenses (“Open Source Licenses”). Such Open Source Licenses contain a list of conditions with respect to warranty, copyright policy and other provisions. By executing this Agreement, Licensee undertakes to strictly comply with the terms and condition of the Open Source Licenses, as may be amended from time to time. In order to comply with the Open Source Licenses, Licensee shall read the respective licenses or notices, such list of Open Source Licenses may be amended from time to time by Applitools, at its sole discretion. In the event of any inconsistencies or conflicting provisions between the provisions of the Open Source Licenses and the provisions of this Agreement, the provisions of the Open Source Licenses shall prevail. Without derogating from the generality of the foregoing, it is clarified that any Open Source Software is provided on an “AS IS” basis, without indemnity or warranty of any kind, whether express or implied. For clarity, the representations and warranties set forth in Section ‎4 hereunder shall not apply to any Open Source Software.\n1. Title & Ownership. APPLITOOLS DOES NOT SELL OR TRANSFER TITLE IN THE SOFTWARE, OR ANY PART THEREOF, TO LICENSEE. The Documentation, Software (excluding any Open Source Software and Third Party Software therein which are owned by their respective licensors) and/or any copies thereof, including without limitation any derivative works made (regardless of whether such derivative works were made and/or developed pursuant to the request and/or specifications of Licensee, and irrespective of any support and/or assistance Applitools may, will or had received from Licensee, or any third party on its behalf, with respect thereto), as well as any updates or upgrades thereto, if provided to Applitools pursuant to this Agreement, shall remain Applitools’ sole and exclusive property. All Intellectual Property Rights evidenced by or embodied in and/or attached/connected/related to the Software, or part thereof, are and shall be owned solely and exclusively by Applitools. Nothing in this Agreement shall constitute a waiver of Applitools’ Intellectual Property Rights under any law, or be in any way construed or interpreted as such. It is further agreed that to the extent Licensee provides Applitools with Feedback, Licensee acknowledges that any and all rights, including Intellectual Property Rights in such Feedback shall belong exclusively to Applitools and Licensee hereby irrevocably and unconditionally transfers and assigns to Applitools all intellectual property rights in such Feedback and waives any and all moral rights that Licensee may have in respect thereto. It is further understood that use of Feedback, if any, may be made by Applitools at its sole discretion, and that Applitools in no way shall be obliged to make use of any kind of the Feedback or part thereof. \n1. Warranty. Applitools warrants that to its knowledge it has the right to grant the license under this Agreement. Applitools’ sole liability for any breach of this warranty or any other warranty under this Agreement shall be, at Applitools’ sole discretion: (i) to replace or repair the Software or the applicable portion thereof; or (ii) to terminate this Agreement.\n2. Warranty Exclusions. The warranties set forth in Section ‎4 are contingent upon Licensee’s proper use of the Software, and shall not apply to damage caused by abuse, misuse, alteration, neglect or unauthorized repair or installation, or by the use or attempted use of Software other than that supplied and supported by Applitools. Applitools will use reasonable commercial efforts to repair or replace the Software or the applicable portion thereof, pursuant to the foregoing warranty within thirty (30) days of being so notified.\n1. Warranty Disclaimers. AS BETWEEN LICENSEE AND APPLITOOLS, EXCEPT AS SET IN SECTION ‎4, THE SOFTWARE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND INCLUDING, WITHOUT LIMITATION, REPRESENTATIONS, WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR INTENDED OR PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, THAT THE SOFTWARE WILL MEET LICENSEE’S REQUIREMENTS OR EXPECTATIONS OR WILL ACHIEVE ANY SPECIFIC RESULTS AND THOSE ARISING BY STATUTE OR FROM A COURSE OF DEALING OR USAGE OF TRADE. Applicable law may not allow the exclusion of certain warranties, so to that extent such exclusions may not apply.\n1. High Risk Activities. You acknowledge that the Software is not fault tolerant and is not designed, manufactured, or intended for use or resale as on-line control equipment in hazardous or high risk environments and activities requiring fail-safe performance (such as in the operation of nuclear facilities, aircraft navigation or communication systems, air traffic control, direct life support machines and/or devices, or weapons systems) in which the failure of the Software could lead directly to death, personal injury, or severe physical or environmental damage, and You agree not to use or allow the use of the Software or any portion thereof for, or in connection with, any such environment or activity.\n1. Indemnify. You agree that Applitools shall have no liability whatsoever for any use made of the Software by You or any third party. You hereby agree to defend, indemnify and hold harmless Applitools and its affiliates and their respective officers, directors, agents and employees from any and all claims, damages, liabilities, costs, and expenses (including attorney’s fees) arising from claims related to Your use of the Software as well as from Your failure to comply with this Agreement.\n1. Limitation of Liability. UNDER NO CIRCUMSTANCES SHALL APPLITOOLS AND/OR ITS AFFILIATES BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, OR FOR ANY LOSS OF DATA, REVENUE, BUSINESS OR REPUTATION, THAT ARISES UNDER OR IN CONNECTION WITH THIS AGREEMENT, OR THAT RESULTS FROM THE USE OF, OR THE INABILITY TO USE, THE SOFTWARE. APPLITOOLS’S TOTAL AGGREGATE LIABILITY FOR ANY AND ALL DIRECT DAMAGES AND LOSSES THAT ARISE UNDER OR IN CONNECTION WITH THIS AGREEMENT SHALL NOT IN ANY CIRCUMSTANCE EXCEED THE AMOUNT OF 100.00 (ONE HUNDRED) UNITED STATES DOLLARS. THE FOREGOING LIMITATIONS AND EXCLUSIONS IN THIS SECTION ‎7 SHALL APPLY: (I) EVEN IF APPLITOOLS HAS BEEN ADVISED OF THE POSSIBILITY OF ANY DAMAGES OR LOSSES; (II) EVEN IF ANY REMEDY SET FORTH HEREIN FAILS OF ITS ESSENTIAL PURPOSE; AND (III) REGARDLESS OF THE BASIS OR THEORY OF LIABILITY.\n1. Export Laws. Licensee agrees to comply fully with all U.S., EU, Israeli, and all applicable export laws and regulations to ensure that neither the Software nor any technical data related thereto are exported or re-exported directly or indirectly in violation of, or used for any purposes prohibited by, such laws and regulations. For clarity, and without derogating from Section ‎11 below, in case of any change of any applicable law, policy or regulation, which might affect Applitools’ business, Applitools will have the right to terminate this Agreement and the license granted hereunder and the Licensee shall have no claims regarding such termination. \n1. Term and Termination. This Agreement shall continue until terminated as set forth in this section (the “Term”). You may terminate this Agreement at any time by removing the Software from Your system and destroying all copies of the Software and Documentation relating to the Software. Unauthorized copying of the Software or otherwise failing to comply with this Agreement will result in automatic immediate termination of this Agreement and will make available to Applitools legal remedies. Applitools reserves the right to terminate this Agreement and the License at any time and without notice. Upon termination of this Agreement, the License will terminate and You: (i) will cease any and all rights to use the Software, and (ii) will remove the Software from all hard drives, networks and other storage media and destroy all copies of the Software in your possession or under your control. The provisions of Sections ‎2.3, ‎2.4, ‎2.5, ‎6, ‎7, ‎8, ‎9, 10, ‎11 and ‎12 shall survive the termination, expiration or other ending of this Agreement.\n1. Miscellaneous. This Agreement represents the complete agreement concerning the Software between You and Applitools and supersedes all prior agreements and representations between You and Applitools. If any provision of this Agreement is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable. Any waiver of any provision of this Agreement will be effective only if in writing and signed by Applitools. This Agreement is personal to You and may not be assigned or transferred for any reason whatsoever without the consent of Applitools and any action or conduct in violation of the foregoing shall be void and without effect. Applitools expressly reserves the right to assign this Agreement and to delegate any of its obligations hereunder. This Agreement are governed by and construed under the laws of the State of Israel, excluding its conflicts of law rules. You expressly agree that the exclusive jurisdiction for any claim or action arising out of or relating to this Agreement shall be the courts located in Tel Aviv, Israel, and You further agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action. In any action or proceeding to enforce rights under this Agreement, the prevailing party shall be entitled to recover costs and attorneys’ fees.","dependencies":{"ws":"7.4.6","yargs":"16.1.0","@applitools/utils":"1.2.0","@applitools/eyes-sdk-core":"12.20.2","@applitools/visual-grid-client":"15.8.8"},"_hasShrinkwrap":false,"devDependencies":{"pkg":"^5.0.0","eslint":"^7.9.0","prettier":"^2.1.2","@types/ws":"^7.4.4","typescript":"^4.3.2","@types/yargs":"^17.0.0","@applitools/types":"1.0.2","eslint-plugin-node":"^11.1.0","eslint-config-prettier":"^7.2.0","eslint-plugin-prettier":"^3.3.1","@typescript-eslint/parser":"^4.15.1","@applitools/sdk-release-kit":"^0.13.0","eslint-plugin-mocha-no-only":"^1.1.1","@applitools/sdk-coverage-tests":"^2.3.5","@typescript-eslint/eslint-plugin":"^4.15.1"},"_npmOperationalInternal":{"tmp":"tmp/eyes-universal_0.0.3_1622556549098_0.5673518512662921","host":"s3://npm-registry-packages"}},"0.1.0":{"name":"@applitools/eyes-universal","version":"0.1.0","keywords":["applitools","eyes","test automation","visual regression","automation","testing","tests"],"author":{"name":"Applitools Team","email":"team@applitools.com"},"license":"SEE LICENSE IN LICENSE","_id":"@applitools/eyes-universal@0.1.0","maintainers":[{"name":"sophieta","email":"sophie.tagar@applitools.com"},{"name":"clementbarry","email":"klemobari@gmail.com"},{"name":"danoam","email":"noam.davidovitz@applitools.com"},{"name":"adam.carmi","email":"adam.carmi@applitools.com"},{"name":"danielputerman","email":"daniel.puterman@applitools.com"},{"name":"amitzur","email":"sendwithchibo@gmail.com"},{"name":"ramapplitools","email":"ram.nathaniel@applitools.com"},{"name":"applitools-admin","email":"team@applitools.com"},{"name":"applitools-readonly","email":"gil.tayar@applitools.com"},{"name":"corevo","email":"tomer@corevo.io"},{"name":"yotammadem","email":"yotammadem@gmail.com"},{"name":"alex.applitools","email":"alex.yamrom@applitools.com"},{"name":"tourdedave","email":"dhaeffner@gmail.com"},{"name":"liranbarokas","email":"liranbarokas@gmail.com"},{"name":"itayy.applitools","email":"Itay.yelin@applitools.com"},{"name":"denis.styrt","email":"denis.styrt@applitools.com"},{"name":"kyrylo.onufriiev","email":"kyrylo.onufriiev@applitools.com"},{"name":"amitzur-applitools","email":"amit.zur@applitools.com"},{"name":"tool_3","email":"tal.hayut@applitools.com"},{"name":"yardenw.applitools","email":"yarden.wieder@applitools.com"},{"name":"ormeda","email":"ormeird@gmail.com"},{"name":"vgprod","email":"vgteam@applitools.com"}],"homepage":"https://applitools.com/","bugs":{"url":"https://github.com/applitools/eyes.sdk.javascript1/issues"},"bin":{"eyes-universal":"dist/cli.js"},"dist":{"shasum":"5444738f86c3976b1e954dc31518ce8c3930002d","tarball":"https://registry.npmjs.org/@applitools/eyes-universal/-/eyes-universal-0.1.0.tgz","fileCount":32,"integrity":"sha512-FAAl1DSRRt+BVuIEjFuFWj/gtPMoRsyl9ygj3EMiKf09xt9vJOmwlYHsoPN+qyGpPH92fhiyY+fmcWMh+psFwA==","signatures":[{"sig":"MEYCIQD+i2a6efTTIBwlbMY1Frg06jQShOUKT8/RwvF+I5nPZAIhAJI8iB6TQPII/PQcjGoZ5vCBVaGsnZu+70ueoKmGALkm","keyid":"SHA256:jl3bwswu80PjjokCgh0o2w5c2U4LhQAE57gj9cz1kzA"}],"unpackedSize":139985,"npm-signature":"-----BEGIN PGP SIGNATURE-----\r\nVersion: OpenPGP.js v3.0.13\r\nComment: https://openpgpjs.org\r\n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\nWi/q\r\n=H6yQ\r\n-----END PGP SIGNATURE-----\r\n"},"main":"./index.js","engines":{"node":">=14.15.0"},"scripts":{"deps":"bongo deps","lint":"eslint '**/*.ts'","build":"yarn build:dist && yarn build:bin","version":"bongo version","build:bin":"pkg ./dist/cli.js --out-path ./bin --compress GZip --targets node14-linux-x64,node14-macos-x64,node14-win-x64","build:dist":"tsc","preversion":"bongo preversion && yarn build","postversion":"bongo postversion"},"_npmUser":{"name":"tool_3","email":"tal.hayut@applitools.com"},"repository":{"url":"git@github.com:applitools/eyes.sdk.javascript1.git","type":"git"},"description":"Applitools Eyes Universal SDK","directories":{},"licenseText":"-  -\nSDK LICENSE AGREEMENT\nIMPORTANT - PLEASE READ CAREFULLY THE TERMS OF THIS LICENSE AGREEMENT (“AGREEMENT”). BY INSTALLING, ACCESSING AND/OR USING THE SOFTWARE (AS DEFINED BELOW), YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOU, OR THE COMPANY YOU REPRESENT, (“YOU” OR “LICENSEE”) ARE ENTERING INTO A LEGAL AGREEMENT WITH APPLITOOLS LTD. AND ITS AFFILIATES (“APPLITOOLS”), AND HAVE UNDERSTOOD AND AGREE TO COMPLY WITH, AND BE LEGALLY BOUND BY, THE TERMS AND CONDITIONS OF THIS AGREEMENT. YOU HEREBY WAIVE ANY RIGHTS OR REQUIREMENTS UNDER ANY LAWS OR REGULATIONS IN ANY JURISDICTION WHICH REQUIRE AN ORIGINAL (NON-ELECTRONIC) SIGNATURE OR DELIVERY OR RETENTION OF NON-ELECTRONIC RECORDS, TO THE EXTENT PERMITTED UNDER APPLICABLE LAW. \nTHE SOFTWARE MAY BE USED SOLELY FOR YOUR PERSONAL, NON-COMMERCIAL PURPOSES. FOR COMMERCIAL PURPOSES PLEASE CONTACT THE REGIONAL APPLITOOLS BUSINESS REPRESENTATIVE. \n1. Definitions. For purposes of this Agreement, the following capitalized terms shall have the following meaning:\n   1. “Documentation” means the user’s guides and technical manuals delivered by Applitools to Licensee.\n   2.  “Feedback” means suggestions, comments or feedback (whether orally or in writing) with respect to the Software.\n   3. “Intellectual Property Rights” means all intangible legal rights, titles and interests evidenced by or embodied in all: (i) inventions (regardless of patentability and whether or not reduced to practice), improvements thereto, patents, patent applications, patent disclosures, together with all reissuances, continuations, continuations in part, revisions, extensions and reexaminations thereof; (ii) trademarks, service marks, trade dress, logos, trade names, corporate names, together with translations, adaptations, derivations and combinations thereof, including goodwill associated therewith, and applications, registrations, and renewals in connection therewith; (iii) any work of authorship, regardless of copyrightable, copyrightable works, copyrights (including moral rights), and applications, registrations and renewals in connection therewith; (iv) mask works and applications, registrations and renewals in connection therewith; (v) trade secrets and Confidential Information; and (vi) other proprietary rights and any other similar rights, in each case on a worldwide basis, and copies and tangible embodiments thereof, in whatever form or medium.\n   4. “License” means the right to use the Software pursuant to Section ‎2.1 to this Agreement.\n   5.  “Software” means Applitools’ software development kit software in object or source code version, Documentation and any updates and upgrade thereto (to the extent delivered).\n1. License\n   1. Grant of License. Subject to the terms and conditions of this Agreement, Applitools grants You, during the Term, a personal, non-exclusive, non-sublicensable, non-transferable, revocable license to: (i) use the Software solely for Your own personal (non-commercial) use and (ii) use and display Applitools’ Marks solely for the purpose of publicizing or advertising that You are using the Software. \n   2. Documentation. Applitools may make available Documentation to Licensee for Licensee to use solely in connection with Licensee’s use of the Software during the term of this Agreement. Licensee may print or copy the Documentation as needed for its own purposes provided that all copyright notices are included therein. The Documentation shall be considered the Confidential Information of Applitools. \n   1. Reservation of Rights; Use Restrictions. Other than the rights explicitly granted in this Agreement, Licensee shall have no other rights, express or implied, in the Software. Without limiting the generality of the foregoing, Licensee agrees and undertakes not to: (i) allow any third party to use the Software in any manner, including but not limited to, sell, lease, sublicense or distribute the Software, or any part thereof; (ii) modify, revise, or alter the Software or reverse engineer, decompile, disassemble or otherwise reduce to human-perceivable form the Software’s source code; (iii) copy or allow copies of the Software to be made; (iv) remove, alter or obscure any proprietary notice or identification, including copyright, trademark, patent or other notices, contained in or displayed on or via the Software; (v) use the Software to violate any applicable laws, rules or regulations, or for any unlawful, harmful, irresponsible, or inappropriate purpose, or in any manner that breaches this Agreement, and/or (vi) represent that it possesses any proprietary interest in the Software.\n   1. Third Party Software. Licensee acknowledges and agrees that any third party software (“Third Party Software”) that provided with the Software is provided under the terms of the license attached/linked thereto or, if no such license is attached, such Third Party Software is provided for free and on “AS IS” basis. Applitools is not liable for any losses or damages which may occur resulting from the use of any Third Party Software. Applitools does not possess any proprietary interest in such Third Party Software. \n   1. Open Source Licenses. The Software includes certain open source code software and materials (as shall be listed in the documentation of the Software) (“Open Source Software”) that are subject to their respective open source licenses (“Open Source Licenses”). Such Open Source Licenses contain a list of conditions with respect to warranty, copyright policy and other provisions. By executing this Agreement, Licensee undertakes to strictly comply with the terms and condition of the Open Source Licenses, as may be amended from time to time. In order to comply with the Open Source Licenses, Licensee shall read the respective licenses or notices, such list of Open Source Licenses may be amended from time to time by Applitools, at its sole discretion. In the event of any inconsistencies or conflicting provisions between the provisions of the Open Source Licenses and the provisions of this Agreement, the provisions of the Open Source Licenses shall prevail. Without derogating from the generality of the foregoing, it is clarified that any Open Source Software is provided on an “AS IS” basis, without indemnity or warranty of any kind, whether express or implied. For clarity, the representations and warranties set forth in Section ‎4 hereunder shall not apply to any Open Source Software.\n1. Title & Ownership. APPLITOOLS DOES NOT SELL OR TRANSFER TITLE IN THE SOFTWARE, OR ANY PART THEREOF, TO LICENSEE. The Documentation, Software (excluding any Open Source Software and Third Party Software therein which are owned by their respective licensors) and/or any copies thereof, including without limitation any derivative works made (regardless of whether such derivative works were made and/or developed pursuant to the request and/or specifications of Licensee, and irrespective of any support and/or assistance Applitools may, will or had received from Licensee, or any third party on its behalf, with respect thereto), as well as any updates or upgrades thereto, if provided to Applitools pursuant to this Agreement, shall remain Applitools’ sole and exclusive property. All Intellectual Property Rights evidenced by or embodied in and/or attached/connected/related to the Software, or part thereof, are and shall be owned solely and exclusively by Applitools. Nothing in this Agreement shall constitute a waiver of Applitools’ Intellectual Property Rights under any law, or be in any way construed or interpreted as such. It is further agreed that to the extent Licensee provides Applitools with Feedback, Licensee acknowledges that any and all rights, including Intellectual Property Rights in such Feedback shall belong exclusively to Applitools and Licensee hereby irrevocably and unconditionally transfers and assigns to Applitools all intellectual property rights in such Feedback and waives any and all moral rights that Licensee may have in respect thereto. It is further understood that use of Feedback, if any, may be made by Applitools at its sole discretion, and that Applitools in no way shall be obliged to make use of any kind of the Feedback or part thereof. \n1. Warranty. Applitools warrants that to its knowledge it has the right to grant the license under this Agreement. Applitools’ sole liability for any breach of this warranty or any other warranty under this Agreement shall be, at Applitools’ sole discretion: (i) to replace or repair the Software or the applicable portion thereof; or (ii) to terminate this Agreement.\n2. Warranty Exclusions. The warranties set forth in Section ‎4 are contingent upon Licensee’s proper use of the Software, and shall not apply to damage caused by abuse, misuse, alteration, neglect or unauthorized repair or installation, or by the use or attempted use of Software other than that supplied and supported by Applitools. Applitools will use reasonable commercial efforts to repair or replace the Software or the applicable portion thereof, pursuant to the foregoing warranty within thirty (30) days of being so notified.\n1. Warranty Disclaimers. AS BETWEEN LICENSEE AND APPLITOOLS, EXCEPT AS SET IN SECTION ‎4, THE SOFTWARE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND INCLUDING, WITHOUT LIMITATION, REPRESENTATIONS, WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR INTENDED OR PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, THAT THE SOFTWARE WILL MEET LICENSEE’S REQUIREMENTS OR EXPECTATIONS OR WILL ACHIEVE ANY SPECIFIC RESULTS AND THOSE ARISING BY STATUTE OR FROM A COURSE OF DEALING OR USAGE OF TRADE. Applicable law may not allow the exclusion of certain warranties, so to that extent such exclusions may not apply.\n1. High Risk Activities. You acknowledge that the Software is not fault tolerant and is not designed, manufactured, or intended for use or resale as on-line control equipment in hazardous or high risk environments and activities requiring fail-safe performance (such as in the operation of nuclear facilities, aircraft navigation or communication systems, air traffic control, direct life support machines and/or devices, or weapons systems) in which the failure of the Software could lead directly to death, personal injury, or severe physical or environmental damage, and You agree not to use or allow the use of the Software or any portion thereof for, or in connection with, any such environment or activity.\n1. Indemnify. You agree that Applitools shall have no liability whatsoever for any use made of the Software by You or any third party. You hereby agree to defend, indemnify and hold harmless Applitools and its affiliates and their respective officers, directors, agents and employees from any and all claims, damages, liabilities, costs, and expenses (including attorney’s fees) arising from claims related to Your use of the Software as well as from Your failure to comply with this Agreement.\n1. Limitation of Liability. UNDER NO CIRCUMSTANCES SHALL APPLITOOLS AND/OR ITS AFFILIATES BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, OR FOR ANY LOSS OF DATA, REVENUE, BUSINESS OR REPUTATION, THAT ARISES UNDER OR IN CONNECTION WITH THIS AGREEMENT, OR THAT RESULTS FROM THE USE OF, OR THE INABILITY TO USE, THE SOFTWARE. APPLITOOLS’S TOTAL AGGREGATE LIABILITY FOR ANY AND ALL DIRECT DAMAGES AND LOSSES THAT ARISE UNDER OR IN CONNECTION WITH THIS AGREEMENT SHALL NOT IN ANY CIRCUMSTANCE EXCEED THE AMOUNT OF 100.00 (ONE HUNDRED) UNITED STATES DOLLARS. THE FOREGOING LIMITATIONS AND EXCLUSIONS IN THIS SECTION ‎7 SHALL APPLY: (I) EVEN IF APPLITOOLS HAS BEEN ADVISED OF THE POSSIBILITY OF ANY DAMAGES OR LOSSES; (II) EVEN IF ANY REMEDY SET FORTH HEREIN FAILS OF ITS ESSENTIAL PURPOSE; AND (III) REGARDLESS OF THE BASIS OR THEORY OF LIABILITY.\n1. Export Laws. Licensee agrees to comply fully with all U.S., EU, Israeli, and all applicable export laws and regulations to ensure that neither the Software nor any technical data related thereto are exported or re-exported directly or indirectly in violation of, or used for any purposes prohibited by, such laws and regulations. For clarity, and without derogating from Section ‎11 below, in case of any change of any applicable law, policy or regulation, which might affect Applitools’ business, Applitools will have the right to terminate this Agreement and the license granted hereunder and the Licensee shall have no claims regarding such termination. \n1. Term and Termination. This Agreement shall continue until terminated as set forth in this section (the “Term”). You may terminate this Agreement at any time by removing the Software from Your system and destroying all copies of the Software and Documentation relating to the Software. Unauthorized copying of the Software or otherwise failing to comply with this Agreement will result in automatic immediate termination of this Agreement and will make available to Applitools legal remedies. Applitools reserves the right to terminate this Agreement and the License at any time and without notice. Upon termination of this Agreement, the License will terminate and You: (i) will cease any and all rights to use the Software, and (ii) will remove the Software from all hard drives, networks and other storage media and destroy all copies of the Software in your possession or under your control. The provisions of Sections ‎2.3, ‎2.4, ‎2.5, ‎6, ‎7, ‎8, ‎9, 10, ‎11 and ‎12 shall survive the termination, expiration or other ending of this Agreement.\n1. Miscellaneous. This Agreement represents the complete agreement concerning the Software between You and Applitools and supersedes all prior agreements and representations between You and Applitools. If any provision of this Agreement is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable. Any waiver of any provision of this Agreement will be effective only if in writing and signed by Applitools. This Agreement is personal to You and may not be assigned or transferred for any reason whatsoever without the consent of Applitools and any action or conduct in violation of the foregoing shall be void and without effect. Applitools expressly reserves the right to assign this Agreement and to delegate any of its obligations hereunder. This Agreement are governed by and construed under the laws of the State of Israel, excluding its conflicts of law rules. You expressly agree that the exclusive jurisdiction for any claim or action arising out of or relating to this Agreement shall be the courts located in Tel Aviv, Israel, and You further agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action. 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BY INSTALLING, ACCESSING AND/OR USING THE SOFTWARE (AS DEFINED BELOW), YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOU, OR THE COMPANY YOU REPRESENT, (“YOU” OR “LICENSEE”) ARE ENTERING INTO A LEGAL AGREEMENT WITH APPLITOOLS LTD. AND ITS AFFILIATES (“APPLITOOLS”), AND HAVE UNDERSTOOD AND AGREE TO COMPLY WITH, AND BE LEGALLY BOUND BY, THE TERMS AND CONDITIONS OF THIS AGREEMENT. YOU HEREBY WAIVE ANY RIGHTS OR REQUIREMENTS UNDER ANY LAWS OR REGULATIONS IN ANY JURISDICTION WHICH REQUIRE AN ORIGINAL (NON-ELECTRONIC) SIGNATURE OR DELIVERY OR RETENTION OF NON-ELECTRONIC RECORDS, TO THE EXTENT PERMITTED UNDER APPLICABLE LAW. \nTHE SOFTWARE MAY BE USED SOLELY FOR YOUR PERSONAL, NON-COMMERCIAL PURPOSES. FOR COMMERCIAL PURPOSES PLEASE CONTACT THE REGIONAL APPLITOOLS BUSINESS REPRESENTATIVE. \n1. Definitions. For purposes of this Agreement, the following capitalized terms shall have the following meaning:\n   1. “Documentation” means the user’s guides and technical manuals delivered by Applitools to Licensee.\n   2.  “Feedback” means suggestions, comments or feedback (whether orally or in writing) with respect to the Software.\n   3. “Intellectual Property Rights” means all intangible legal rights, titles and interests evidenced by or embodied in all: (i) inventions (regardless of patentability and whether or not reduced to practice), improvements thereto, patents, patent applications, patent disclosures, together with all reissuances, continuations, continuations in part, revisions, extensions and reexaminations thereof; (ii) trademarks, service marks, trade dress, logos, trade names, corporate names, together with translations, adaptations, derivations and combinations thereof, including goodwill associated therewith, and applications, registrations, and renewals in connection therewith; (iii) any work of authorship, regardless of copyrightable, copyrightable works, copyrights (including moral rights), and applications, registrations and renewals in connection therewith; (iv) mask works and applications, registrations and renewals in connection therewith; (v) trade secrets and Confidential Information; and (vi) other proprietary rights and any other similar rights, in each case on a worldwide basis, and copies and tangible embodiments thereof, in whatever form or medium.\n   4. “License” means the right to use the Software pursuant to Section ‎2.1 to this Agreement.\n   5.  “Software” means Applitools’ software development kit software in object or source code version, Documentation and any updates and upgrade thereto (to the extent delivered).\n1. License\n   1. Grant of License. Subject to the terms and conditions of this Agreement, Applitools grants You, during the Term, a personal, non-exclusive, non-sublicensable, non-transferable, revocable license to: (i) use the Software solely for Your own personal (non-commercial) use and (ii) use and display Applitools’ Marks solely for the purpose of publicizing or advertising that You are using the Software. \n   2. Documentation. Applitools may make available Documentation to Licensee for Licensee to use solely in connection with Licensee’s use of the Software during the term of this Agreement. Licensee may print or copy the Documentation as needed for its own purposes provided that all copyright notices are included therein. The Documentation shall be considered the Confidential Information of Applitools. \n   1. Reservation of Rights; Use Restrictions. Other than the rights explicitly granted in this Agreement, Licensee shall have no other rights, express or implied, in the Software. Without limiting the generality of the foregoing, Licensee agrees and undertakes not to: (i) allow any third party to use the Software in any manner, including but not limited to, sell, lease, sublicense or distribute the Software, or any part thereof; (ii) modify, revise, or alter the Software or reverse engineer, decompile, disassemble or otherwise reduce to human-perceivable form the Software’s source code; (iii) copy or allow copies of the Software to be made; (iv) remove, alter or obscure any proprietary notice or identification, including copyright, trademark, patent or other notices, contained in or displayed on or via the Software; (v) use the Software to violate any applicable laws, rules or regulations, or for any unlawful, harmful, irresponsible, or inappropriate purpose, or in any manner that breaches this Agreement, and/or (vi) represent that it possesses any proprietary interest in the Software.\n   1. Third Party Software. Licensee acknowledges and agrees that any third party software (“Third Party Software”) that provided with the Software is provided under the terms of the license attached/linked thereto or, if no such license is attached, such Third Party Software is provided for free and on “AS IS” basis. Applitools is not liable for any losses or damages which may occur resulting from the use of any Third Party Software. Applitools does not possess any proprietary interest in such Third Party Software. \n   1. Open Source Licenses. The Software includes certain open source code software and materials (as shall be listed in the documentation of the Software) (“Open Source Software”) that are subject to their respective open source licenses (“Open Source Licenses”). Such Open Source Licenses contain a list of conditions with respect to warranty, copyright policy and other provisions. By executing this Agreement, Licensee undertakes to strictly comply with the terms and condition of the Open Source Licenses, as may be amended from time to time. In order to comply with the Open Source Licenses, Licensee shall read the respective licenses or notices, such list of Open Source Licenses may be amended from time to time by Applitools, at its sole discretion. In the event of any inconsistencies or conflicting provisions between the provisions of the Open Source Licenses and the provisions of this Agreement, the provisions of the Open Source Licenses shall prevail. Without derogating from the generality of the foregoing, it is clarified that any Open Source Software is provided on an “AS IS” basis, without indemnity or warranty of any kind, whether express or implied. For clarity, the representations and warranties set forth in Section ‎4 hereunder shall not apply to any Open Source Software.\n1. Title & Ownership. APPLITOOLS DOES NOT SELL OR TRANSFER TITLE IN THE SOFTWARE, OR ANY PART THEREOF, TO LICENSEE. The Documentation, Software (excluding any Open Source Software and Third Party Software therein which are owned by their respective licensors) and/or any copies thereof, including without limitation any derivative works made (regardless of whether such derivative works were made and/or developed pursuant to the request and/or specifications of Licensee, and irrespective of any support and/or assistance Applitools may, will or had received from Licensee, or any third party on its behalf, with respect thereto), as well as any updates or upgrades thereto, if provided to Applitools pursuant to this Agreement, shall remain Applitools’ sole and exclusive property. All Intellectual Property Rights evidenced by or embodied in and/or attached/connected/related to the Software, or part thereof, are and shall be owned solely and exclusively by Applitools. Nothing in this Agreement shall constitute a waiver of Applitools’ Intellectual Property Rights under any law, or be in any way construed or interpreted as such. It is further agreed that to the extent Licensee provides Applitools with Feedback, Licensee acknowledges that any and all rights, including Intellectual Property Rights in such Feedback shall belong exclusively to Applitools and Licensee hereby irrevocably and unconditionally transfers and assigns to Applitools all intellectual property rights in such Feedback and waives any and all moral rights that Licensee may have in respect thereto. It is further understood that use of Feedback, if any, may be made by Applitools at its sole discretion, and that Applitools in no way shall be obliged to make use of any kind of the Feedback or part thereof. \n1. Warranty. Applitools warrants that to its knowledge it has the right to grant the license under this Agreement. Applitools’ sole liability for any breach of this warranty or any other warranty under this Agreement shall be, at Applitools’ sole discretion: (i) to replace or repair the Software or the applicable portion thereof; or (ii) to terminate this Agreement.\n2. Warranty Exclusions. The warranties set forth in Section ‎4 are contingent upon Licensee’s proper use of the Software, and shall not apply to damage caused by abuse, misuse, alteration, neglect or unauthorized repair or installation, or by the use or attempted use of Software other than that supplied and supported by Applitools. Applitools will use reasonable commercial efforts to repair or replace the Software or the applicable portion thereof, pursuant to the foregoing warranty within thirty (30) days of being so notified.\n1. Warranty Disclaimers. AS BETWEEN LICENSEE AND APPLITOOLS, EXCEPT AS SET IN SECTION ‎4, THE SOFTWARE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND INCLUDING, WITHOUT LIMITATION, REPRESENTATIONS, WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR INTENDED OR PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, THAT THE SOFTWARE WILL MEET LICENSEE’S REQUIREMENTS OR EXPECTATIONS OR WILL ACHIEVE ANY SPECIFIC RESULTS AND THOSE ARISING BY STATUTE OR FROM A COURSE OF DEALING OR USAGE OF TRADE. Applicable law may not allow the exclusion of certain warranties, so to that extent such exclusions may not apply.\n1. High Risk Activities. You acknowledge that the Software is not fault tolerant and is not designed, manufactured, or intended for use or resale as on-line control equipment in hazardous or high risk environments and activities requiring fail-safe performance (such as in the operation of nuclear facilities, aircraft navigation or communication systems, air traffic control, direct life support machines and/or devices, or weapons systems) in which the failure of the Software could lead directly to death, personal injury, or severe physical or environmental damage, and You agree not to use or allow the use of the Software or any portion thereof for, or in connection with, any such environment or activity.\n1. Indemnify. You agree that Applitools shall have no liability whatsoever for any use made of the Software by You or any third party. You hereby agree to defend, indemnify and hold harmless Applitools and its affiliates and their respective officers, directors, agents and employees from any and all claims, damages, liabilities, costs, and expenses (including attorney’s fees) arising from claims related to Your use of the Software as well as from Your failure to comply with this Agreement.\n1. Limitation of Liability. UNDER NO CIRCUMSTANCES SHALL APPLITOOLS AND/OR ITS AFFILIATES BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, OR FOR ANY LOSS OF DATA, REVENUE, BUSINESS OR REPUTATION, THAT ARISES UNDER OR IN CONNECTION WITH THIS AGREEMENT, OR THAT RESULTS FROM THE USE OF, OR THE INABILITY TO USE, THE SOFTWARE. APPLITOOLS’S TOTAL AGGREGATE LIABILITY FOR ANY AND ALL DIRECT DAMAGES AND LOSSES THAT ARISE UNDER OR IN CONNECTION WITH THIS AGREEMENT SHALL NOT IN ANY CIRCUMSTANCE EXCEED THE AMOUNT OF 100.00 (ONE HUNDRED) UNITED STATES DOLLARS. THE FOREGOING LIMITATIONS AND EXCLUSIONS IN THIS SECTION ‎7 SHALL APPLY: (I) EVEN IF APPLITOOLS HAS BEEN ADVISED OF THE POSSIBILITY OF ANY DAMAGES OR LOSSES; (II) EVEN IF ANY REMEDY SET FORTH HEREIN FAILS OF ITS ESSENTIAL PURPOSE; AND (III) REGARDLESS OF THE BASIS OR THEORY OF LIABILITY.\n1. Export Laws. Licensee agrees to comply fully with all U.S., EU, Israeli, and all applicable export laws and regulations to ensure that neither the Software nor any technical data related thereto are exported or re-exported directly or indirectly in violation of, or used for any purposes prohibited by, such laws and regulations. For clarity, and without derogating from Section ‎11 below, in case of any change of any applicable law, policy or regulation, which might affect Applitools’ business, Applitools will have the right to terminate this Agreement and the license granted hereunder and the Licensee shall have no claims regarding such termination. \n1. Term and Termination. This Agreement shall continue until terminated as set forth in this section (the “Term”). You may terminate this Agreement at any time by removing the Software from Your system and destroying all copies of the Software and Documentation relating to the Software. Unauthorized copying of the Software or otherwise failing to comply with this Agreement will result in automatic immediate termination of this Agreement and will make available to Applitools legal remedies. Applitools reserves the right to terminate this Agreement and the License at any time and without notice. Upon termination of this Agreement, the License will terminate and You: (i) will cease any and all rights to use the Software, and (ii) will remove the Software from all hard drives, networks and other storage media and destroy all copies of the Software in your possession or under your control. The provisions of Sections ‎2.3, ‎2.4, ‎2.5, ‎6, ‎7, ‎8, ‎9, 10, ‎11 and ‎12 shall survive the termination, expiration or other ending of this Agreement.\n1. Miscellaneous. This Agreement represents the complete agreement concerning the Software between You and Applitools and supersedes all prior agreements and representations between You and Applitools. If any provision of this Agreement is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable. Any waiver of any provision of this Agreement will be effective only if in writing and signed by Applitools. This Agreement is personal to You and may not be assigned or transferred for any reason whatsoever without the consent of Applitools and any action or conduct in violation of the foregoing shall be void and without effect. Applitools expressly reserves the right to assign this Agreement and to delegate any of its obligations hereunder. This Agreement are governed by and construed under the laws of the State of Israel, excluding its conflicts of law rules. You expressly agree that the exclusive jurisdiction for any claim or action arising out of or relating to this Agreement shall be the courts located in Tel Aviv, Israel, and You further agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action. 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BY INSTALLING, ACCESSING AND/OR USING THE SOFTWARE (AS DEFINED BELOW), YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOU, OR THE COMPANY YOU REPRESENT, (“YOU” OR “LICENSEE”) ARE ENTERING INTO A LEGAL AGREEMENT WITH APPLITOOLS LTD. AND ITS AFFILIATES (“APPLITOOLS”), AND HAVE UNDERSTOOD AND AGREE TO COMPLY WITH, AND BE LEGALLY BOUND BY, THE TERMS AND CONDITIONS OF THIS AGREEMENT. YOU HEREBY WAIVE ANY RIGHTS OR REQUIREMENTS UNDER ANY LAWS OR REGULATIONS IN ANY JURISDICTION WHICH REQUIRE AN ORIGINAL (NON-ELECTRONIC) SIGNATURE OR DELIVERY OR RETENTION OF NON-ELECTRONIC RECORDS, TO THE EXTENT PERMITTED UNDER APPLICABLE LAW. \nTHE SOFTWARE MAY BE USED SOLELY FOR YOUR PERSONAL, NON-COMMERCIAL PURPOSES. FOR COMMERCIAL PURPOSES PLEASE CONTACT THE REGIONAL APPLITOOLS BUSINESS REPRESENTATIVE. \n1. Definitions. For purposes of this Agreement, the following capitalized terms shall have the following meaning:\n   1. “Documentation” means the user’s guides and technical manuals delivered by Applitools to Licensee.\n   2.  “Feedback” means suggestions, comments or feedback (whether orally or in writing) with respect to the Software.\n   3. “Intellectual Property Rights” means all intangible legal rights, titles and interests evidenced by or embodied in all: (i) inventions (regardless of patentability and whether or not reduced to practice), improvements thereto, patents, patent applications, patent disclosures, together with all reissuances, continuations, continuations in part, revisions, extensions and reexaminations thereof; (ii) trademarks, service marks, trade dress, logos, trade names, corporate names, together with translations, adaptations, derivations and combinations thereof, including goodwill associated therewith, and applications, registrations, and renewals in connection therewith; (iii) any work of authorship, regardless of copyrightable, copyrightable works, copyrights (including moral rights), and applications, registrations and renewals in connection therewith; (iv) mask works and applications, registrations and renewals in connection therewith; (v) trade secrets and Confidential Information; and (vi) other proprietary rights and any other similar rights, in each case on a worldwide basis, and copies and tangible embodiments thereof, in whatever form or medium.\n   4. “License” means the right to use the Software pursuant to Section ‎2.1 to this Agreement.\n   5.  “Software” means Applitools’ software development kit software in object or source code version, Documentation and any updates and upgrade thereto (to the extent delivered).\n1. License\n   1. Grant of License. Subject to the terms and conditions of this Agreement, Applitools grants You, during the Term, a personal, non-exclusive, non-sublicensable, non-transferable, revocable license to: (i) use the Software solely for Your own personal (non-commercial) use and (ii) use and display Applitools’ Marks solely for the purpose of publicizing or advertising that You are using the Software. \n   2. Documentation. Applitools may make available Documentation to Licensee for Licensee to use solely in connection with Licensee’s use of the Software during the term of this Agreement. Licensee may print or copy the Documentation as needed for its own purposes provided that all copyright notices are included therein. The Documentation shall be considered the Confidential Information of Applitools. \n   1. Reservation of Rights; Use Restrictions. Other than the rights explicitly granted in this Agreement, Licensee shall have no other rights, express or implied, in the Software. Without limiting the generality of the foregoing, Licensee agrees and undertakes not to: (i) allow any third party to use the Software in any manner, including but not limited to, sell, lease, sublicense or distribute the Software, or any part thereof; (ii) modify, revise, or alter the Software or reverse engineer, decompile, disassemble or otherwise reduce to human-perceivable form the Software’s source code; (iii) copy or allow copies of the Software to be made; (iv) remove, alter or obscure any proprietary notice or identification, including copyright, trademark, patent or other notices, contained in or displayed on or via the Software; (v) use the Software to violate any applicable laws, rules or regulations, or for any unlawful, harmful, irresponsible, or inappropriate purpose, or in any manner that breaches this Agreement, and/or (vi) represent that it possesses any proprietary interest in the Software.\n   1. Third Party Software. Licensee acknowledges and agrees that any third party software (“Third Party Software”) that provided with the Software is provided under the terms of the license attached/linked thereto or, if no such license is attached, such Third Party Software is provided for free and on “AS IS” basis. Applitools is not liable for any losses or damages which may occur resulting from the use of any Third Party Software. Applitools does not possess any proprietary interest in such Third Party Software. \n   1. Open Source Licenses. The Software includes certain open source code software and materials (as shall be listed in the documentation of the Software) (“Open Source Software”) that are subject to their respective open source licenses (“Open Source Licenses”). Such Open Source Licenses contain a list of conditions with respect to warranty, copyright policy and other provisions. By executing this Agreement, Licensee undertakes to strictly comply with the terms and condition of the Open Source Licenses, as may be amended from time to time. In order to comply with the Open Source Licenses, Licensee shall read the respective licenses or notices, such list of Open Source Licenses may be amended from time to time by Applitools, at its sole discretion. In the event of any inconsistencies or conflicting provisions between the provisions of the Open Source Licenses and the provisions of this Agreement, the provisions of the Open Source Licenses shall prevail. Without derogating from the generality of the foregoing, it is clarified that any Open Source Software is provided on an “AS IS” basis, without indemnity or warranty of any kind, whether express or implied. For clarity, the representations and warranties set forth in Section ‎4 hereunder shall not apply to any Open Source Software.\n1. Title & Ownership. APPLITOOLS DOES NOT SELL OR TRANSFER TITLE IN THE SOFTWARE, OR ANY PART THEREOF, TO LICENSEE. The Documentation, Software (excluding any Open Source Software and Third Party Software therein which are owned by their respective licensors) and/or any copies thereof, including without limitation any derivative works made (regardless of whether such derivative works were made and/or developed pursuant to the request and/or specifications of Licensee, and irrespective of any support and/or assistance Applitools may, will or had received from Licensee, or any third party on its behalf, with respect thereto), as well as any updates or upgrades thereto, if provided to Applitools pursuant to this Agreement, shall remain Applitools’ sole and exclusive property. All Intellectual Property Rights evidenced by or embodied in and/or attached/connected/related to the Software, or part thereof, are and shall be owned solely and exclusively by Applitools. Nothing in this Agreement shall constitute a waiver of Applitools’ Intellectual Property Rights under any law, or be in any way construed or interpreted as such. It is further agreed that to the extent Licensee provides Applitools with Feedback, Licensee acknowledges that any and all rights, including Intellectual Property Rights in such Feedback shall belong exclusively to Applitools and Licensee hereby irrevocably and unconditionally transfers and assigns to Applitools all intellectual property rights in such Feedback and waives any and all moral rights that Licensee may have in respect thereto. It is further understood that use of Feedback, if any, may be made by Applitools at its sole discretion, and that Applitools in no way shall be obliged to make use of any kind of the Feedback or part thereof. \n1. Warranty. Applitools warrants that to its knowledge it has the right to grant the license under this Agreement. Applitools’ sole liability for any breach of this warranty or any other warranty under this Agreement shall be, at Applitools’ sole discretion: (i) to replace or repair the Software or the applicable portion thereof; or (ii) to terminate this Agreement.\n2. Warranty Exclusions. The warranties set forth in Section ‎4 are contingent upon Licensee’s proper use of the Software, and shall not apply to damage caused by abuse, misuse, alteration, neglect or unauthorized repair or installation, or by the use or attempted use of Software other than that supplied and supported by Applitools. Applitools will use reasonable commercial efforts to repair or replace the Software or the applicable portion thereof, pursuant to the foregoing warranty within thirty (30) days of being so notified.\n1. Warranty Disclaimers. AS BETWEEN LICENSEE AND APPLITOOLS, EXCEPT AS SET IN SECTION ‎4, THE SOFTWARE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND INCLUDING, WITHOUT LIMITATION, REPRESENTATIONS, WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR INTENDED OR PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, THAT THE SOFTWARE WILL MEET LICENSEE’S REQUIREMENTS OR EXPECTATIONS OR WILL ACHIEVE ANY SPECIFIC RESULTS AND THOSE ARISING BY STATUTE OR FROM A COURSE OF DEALING OR USAGE OF TRADE. Applicable law may not allow the exclusion of certain warranties, so to that extent such exclusions may not apply.\n1. High Risk Activities. You acknowledge that the Software is not fault tolerant and is not designed, manufactured, or intended for use or resale as on-line control equipment in hazardous or high risk environments and activities requiring fail-safe performance (such as in the operation of nuclear facilities, aircraft navigation or communication systems, air traffic control, direct life support machines and/or devices, or weapons systems) in which the failure of the Software could lead directly to death, personal injury, or severe physical or environmental damage, and You agree not to use or allow the use of the Software or any portion thereof for, or in connection with, any such environment or activity.\n1. Indemnify. You agree that Applitools shall have no liability whatsoever for any use made of the Software by You or any third party. You hereby agree to defend, indemnify and hold harmless Applitools and its affiliates and their respective officers, directors, agents and employees from any and all claims, damages, liabilities, costs, and expenses (including attorney’s fees) arising from claims related to Your use of the Software as well as from Your failure to comply with this Agreement.\n1. Limitation of Liability. UNDER NO CIRCUMSTANCES SHALL APPLITOOLS AND/OR ITS AFFILIATES BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, OR FOR ANY LOSS OF DATA, REVENUE, BUSINESS OR REPUTATION, THAT ARISES UNDER OR IN CONNECTION WITH THIS AGREEMENT, OR THAT RESULTS FROM THE USE OF, OR THE INABILITY TO USE, THE SOFTWARE. APPLITOOLS’S TOTAL AGGREGATE LIABILITY FOR ANY AND ALL DIRECT DAMAGES AND LOSSES THAT ARISE UNDER OR IN CONNECTION WITH THIS AGREEMENT SHALL NOT IN ANY CIRCUMSTANCE EXCEED THE AMOUNT OF 100.00 (ONE HUNDRED) UNITED STATES DOLLARS. THE FOREGOING LIMITATIONS AND EXCLUSIONS IN THIS SECTION ‎7 SHALL APPLY: (I) EVEN IF APPLITOOLS HAS BEEN ADVISED OF THE POSSIBILITY OF ANY DAMAGES OR LOSSES; (II) EVEN IF ANY REMEDY SET FORTH HEREIN FAILS OF ITS ESSENTIAL PURPOSE; AND (III) REGARDLESS OF THE BASIS OR THEORY OF LIABILITY.\n1. Export Laws. Licensee agrees to comply fully with all U.S., EU, Israeli, and all applicable export laws and regulations to ensure that neither the Software nor any technical data related thereto are exported or re-exported directly or indirectly in violation of, or used for any purposes prohibited by, such laws and regulations. For clarity, and without derogating from Section ‎11 below, in case of any change of any applicable law, policy or regulation, which might affect Applitools’ business, Applitools will have the right to terminate this Agreement and the license granted hereunder and the Licensee shall have no claims regarding such termination. \n1. Term and Termination. This Agreement shall continue until terminated as set forth in this section (the “Term”). You may terminate this Agreement at any time by removing the Software from Your system and destroying all copies of the Software and Documentation relating to the Software. Unauthorized copying of the Software or otherwise failing to comply with this Agreement will result in automatic immediate termination of this Agreement and will make available to Applitools legal remedies. Applitools reserves the right to terminate this Agreement and the License at any time and without notice. Upon termination of this Agreement, the License will terminate and You: (i) will cease any and all rights to use the Software, and (ii) will remove the Software from all hard drives, networks and other storage media and destroy all copies of the Software in your possession or under your control. The provisions of Sections ‎2.3, ‎2.4, ‎2.5, ‎6, ‎7, ‎8, ‎9, 10, ‎11 and ‎12 shall survive the termination, expiration or other ending of this Agreement.\n1. Miscellaneous. This Agreement represents the complete agreement concerning the Software between You and Applitools and supersedes all prior agreements and representations between You and Applitools. If any provision of this Agreement is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable. Any waiver of any provision of this Agreement will be effective only if in writing and signed by Applitools. This Agreement is personal to You and may not be assigned or transferred for any reason whatsoever without the consent of Applitools and any action or conduct in violation of the foregoing shall be void and without effect. Applitools expressly reserves the right to assign this Agreement and to delegate any of its obligations hereunder. 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BY INSTALLING, ACCESSING AND/OR USING THE SOFTWARE (AS DEFINED BELOW), YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOU, OR THE COMPANY YOU REPRESENT, (“YOU” OR “LICENSEE”) ARE ENTERING INTO A LEGAL AGREEMENT WITH APPLITOOLS LTD. AND ITS AFFILIATES (“APPLITOOLS”), AND HAVE UNDERSTOOD AND AGREE TO COMPLY WITH, AND BE LEGALLY BOUND BY, THE TERMS AND CONDITIONS OF THIS AGREEMENT. YOU HEREBY WAIVE ANY RIGHTS OR REQUIREMENTS UNDER ANY LAWS OR REGULATIONS IN ANY JURISDICTION WHICH REQUIRE AN ORIGINAL (NON-ELECTRONIC) SIGNATURE OR DELIVERY OR RETENTION OF NON-ELECTRONIC RECORDS, TO THE EXTENT PERMITTED UNDER APPLICABLE LAW. \nTHE SOFTWARE MAY BE USED SOLELY FOR YOUR PERSONAL, NON-COMMERCIAL PURPOSES. FOR COMMERCIAL PURPOSES PLEASE CONTACT THE REGIONAL APPLITOOLS BUSINESS REPRESENTATIVE. \n1. Definitions. For purposes of this Agreement, the following capitalized terms shall have the following meaning:\n   1. “Documentation” means the user’s guides and technical manuals delivered by Applitools to Licensee.\n   2.  “Feedback” means suggestions, comments or feedback (whether orally or in writing) with respect to the Software.\n   3. “Intellectual Property Rights” means all intangible legal rights, titles and interests evidenced by or embodied in all: (i) inventions (regardless of patentability and whether or not reduced to practice), improvements thereto, patents, patent applications, patent disclosures, together with all reissuances, continuations, continuations in part, revisions, extensions and reexaminations thereof; (ii) trademarks, service marks, trade dress, logos, trade names, corporate names, together with translations, adaptations, derivations and combinations thereof, including goodwill associated therewith, and applications, registrations, and renewals in connection therewith; (iii) any work of authorship, regardless of copyrightable, copyrightable works, copyrights (including moral rights), and applications, registrations and renewals in connection therewith; (iv) mask works and applications, registrations and renewals in connection therewith; (v) trade secrets and Confidential Information; and (vi) other proprietary rights and any other similar rights, in each case on a worldwide basis, and copies and tangible embodiments thereof, in whatever form or medium.\n   4. “License” means the right to use the Software pursuant to Section ‎2.1 to this Agreement.\n   5.  “Software” means Applitools’ software development kit software in object or source code version, Documentation and any updates and upgrade thereto (to the extent delivered).\n1. License\n   1. Grant of License. Subject to the terms and conditions of this Agreement, Applitools grants You, during the Term, a personal, non-exclusive, non-sublicensable, non-transferable, revocable license to: (i) use the Software solely for Your own personal (non-commercial) use and (ii) use and display Applitools’ Marks solely for the purpose of publicizing or advertising that You are using the Software. \n   2. Documentation. Applitools may make available Documentation to Licensee for Licensee to use solely in connection with Licensee’s use of the Software during the term of this Agreement. Licensee may print or copy the Documentation as needed for its own purposes provided that all copyright notices are included therein. The Documentation shall be considered the Confidential Information of Applitools. \n   1. Reservation of Rights; Use Restrictions. Other than the rights explicitly granted in this Agreement, Licensee shall have no other rights, express or implied, in the Software. Without limiting the generality of the foregoing, Licensee agrees and undertakes not to: (i) allow any third party to use the Software in any manner, including but not limited to, sell, lease, sublicense or distribute the Software, or any part thereof; (ii) modify, revise, or alter the Software or reverse engineer, decompile, disassemble or otherwise reduce to human-perceivable form the Software’s source code; (iii) copy or allow copies of the Software to be made; (iv) remove, alter or obscure any proprietary notice or identification, including copyright, trademark, patent or other notices, contained in or displayed on or via the Software; (v) use the Software to violate any applicable laws, rules or regulations, or for any unlawful, harmful, irresponsible, or inappropriate purpose, or in any manner that breaches this Agreement, and/or (vi) represent that it possesses any proprietary interest in the Software.\n   1. Third Party Software. Licensee acknowledges and agrees that any third party software (“Third Party Software”) that provided with the Software is provided under the terms of the license attached/linked thereto or, if no such license is attached, such Third Party Software is provided for free and on “AS IS” basis. Applitools is not liable for any losses or damages which may occur resulting from the use of any Third Party Software. Applitools does not possess any proprietary interest in such Third Party Software. \n   1. Open Source Licenses. The Software includes certain open source code software and materials (as shall be listed in the documentation of the Software) (“Open Source Software”) that are subject to their respective open source licenses (“Open Source Licenses”). Such Open Source Licenses contain a list of conditions with respect to warranty, copyright policy and other provisions. By executing this Agreement, Licensee undertakes to strictly comply with the terms and condition of the Open Source Licenses, as may be amended from time to time. In order to comply with the Open Source Licenses, Licensee shall read the respective licenses or notices, such list of Open Source Licenses may be amended from time to time by Applitools, at its sole discretion. In the event of any inconsistencies or conflicting provisions between the provisions of the Open Source Licenses and the provisions of this Agreement, the provisions of the Open Source Licenses shall prevail. Without derogating from the generality of the foregoing, it is clarified that any Open Source Software is provided on an “AS IS” basis, without indemnity or warranty of any kind, whether express or implied. For clarity, the representations and warranties set forth in Section ‎4 hereunder shall not apply to any Open Source Software.\n1. Title & Ownership. APPLITOOLS DOES NOT SELL OR TRANSFER TITLE IN THE SOFTWARE, OR ANY PART THEREOF, TO LICENSEE. The Documentation, Software (excluding any Open Source Software and Third Party Software therein which are owned by their respective licensors) and/or any copies thereof, including without limitation any derivative works made (regardless of whether such derivative works were made and/or developed pursuant to the request and/or specifications of Licensee, and irrespective of any support and/or assistance Applitools may, will or had received from Licensee, or any third party on its behalf, with respect thereto), as well as any updates or upgrades thereto, if provided to Applitools pursuant to this Agreement, shall remain Applitools’ sole and exclusive property. All Intellectual Property Rights evidenced by or embodied in and/or attached/connected/related to the Software, or part thereof, are and shall be owned solely and exclusively by Applitools. Nothing in this Agreement shall constitute a waiver of Applitools’ Intellectual Property Rights under any law, or be in any way construed or interpreted as such. It is further agreed that to the extent Licensee provides Applitools with Feedback, Licensee acknowledges that any and all rights, including Intellectual Property Rights in such Feedback shall belong exclusively to Applitools and Licensee hereby irrevocably and unconditionally transfers and assigns to Applitools all intellectual property rights in such Feedback and waives any and all moral rights that Licensee may have in respect thereto. It is further understood that use of Feedback, if any, may be made by Applitools at its sole discretion, and that Applitools in no way shall be obliged to make use of any kind of the Feedback or part thereof. \n1. Warranty. Applitools warrants that to its knowledge it has the right to grant the license under this Agreement. Applitools’ sole liability for any breach of this warranty or any other warranty under this Agreement shall be, at Applitools’ sole discretion: (i) to replace or repair the Software or the applicable portion thereof; or (ii) to terminate this Agreement.\n2. Warranty Exclusions. The warranties set forth in Section ‎4 are contingent upon Licensee’s proper use of the Software, and shall not apply to damage caused by abuse, misuse, alteration, neglect or unauthorized repair or installation, or by the use or attempted use of Software other than that supplied and supported by Applitools. Applitools will use reasonable commercial efforts to repair or replace the Software or the applicable portion thereof, pursuant to the foregoing warranty within thirty (30) days of being so notified.\n1. Warranty Disclaimers. AS BETWEEN LICENSEE AND APPLITOOLS, EXCEPT AS SET IN SECTION ‎4, THE SOFTWARE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND INCLUDING, WITHOUT LIMITATION, REPRESENTATIONS, WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR INTENDED OR PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, THAT THE SOFTWARE WILL MEET LICENSEE’S REQUIREMENTS OR EXPECTATIONS OR WILL ACHIEVE ANY SPECIFIC RESULTS AND THOSE ARISING BY STATUTE OR FROM A COURSE OF DEALING OR USAGE OF TRADE. Applicable law may not allow the exclusion of certain warranties, so to that extent such exclusions may not apply.\n1. High Risk Activities. You acknowledge that the Software is not fault tolerant and is not designed, manufactured, or intended for use or resale as on-line control equipment in hazardous or high risk environments and activities requiring fail-safe performance (such as in the operation of nuclear facilities, aircraft navigation or communication systems, air traffic control, direct life support machines and/or devices, or weapons systems) in which the failure of the Software could lead directly to death, personal injury, or severe physical or environmental damage, and You agree not to use or allow the use of the Software or any portion thereof for, or in connection with, any such environment or activity.\n1. Indemnify. You agree that Applitools shall have no liability whatsoever for any use made of the Software by You or any third party. You hereby agree to defend, indemnify and hold harmless Applitools and its affiliates and their respective officers, directors, agents and employees from any and all claims, damages, liabilities, costs, and expenses (including attorney’s fees) arising from claims related to Your use of the Software as well as from Your failure to comply with this Agreement.\n1. Limitation of Liability. UNDER NO CIRCUMSTANCES SHALL APPLITOOLS AND/OR ITS AFFILIATES BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, OR FOR ANY LOSS OF DATA, REVENUE, BUSINESS OR REPUTATION, THAT ARISES UNDER OR IN CONNECTION WITH THIS AGREEMENT, OR THAT RESULTS FROM THE USE OF, OR THE INABILITY TO USE, THE SOFTWARE. APPLITOOLS’S TOTAL AGGREGATE LIABILITY FOR ANY AND ALL DIRECT DAMAGES AND LOSSES THAT ARISE UNDER OR IN CONNECTION WITH THIS AGREEMENT SHALL NOT IN ANY CIRCUMSTANCE EXCEED THE AMOUNT OF 100.00 (ONE HUNDRED) UNITED STATES DOLLARS. THE FOREGOING LIMITATIONS AND EXCLUSIONS IN THIS SECTION ‎7 SHALL APPLY: (I) EVEN IF APPLITOOLS HAS BEEN ADVISED OF THE POSSIBILITY OF ANY DAMAGES OR LOSSES; (II) EVEN IF ANY REMEDY SET FORTH HEREIN FAILS OF ITS ESSENTIAL PURPOSE; AND (III) REGARDLESS OF THE BASIS OR THEORY OF LIABILITY.\n1. Export Laws. Licensee agrees to comply fully with all U.S., EU, Israeli, and all applicable export laws and regulations to ensure that neither the Software nor any technical data related thereto are exported or re-exported directly or indirectly in violation of, or used for any purposes prohibited by, such laws and regulations. For clarity, and without derogating from Section ‎11 below, in case of any change of any applicable law, policy or regulation, which might affect Applitools’ business, Applitools will have the right to terminate this Agreement and the license granted hereunder and the Licensee shall have no claims regarding such termination. \n1. Term and Termination. This Agreement shall continue until terminated as set forth in this section (the “Term”). You may terminate this Agreement at any time by removing the Software from Your system and destroying all copies of the Software and Documentation relating to the Software. Unauthorized copying of the Software or otherwise failing to comply with this Agreement will result in automatic immediate termination of this Agreement and will make available to Applitools legal remedies. Applitools reserves the right to terminate this Agreement and the License at any time and without notice. Upon termination of this Agreement, the License will terminate and You: (i) will cease any and all rights to use the Software, and (ii) will remove the Software from all hard drives, networks and other storage media and destroy all copies of the Software in your possession or under your control. The provisions of Sections ‎2.3, ‎2.4, ‎2.5, ‎6, ‎7, ‎8, ‎9, 10, ‎11 and ‎12 shall survive the termination, expiration or other ending of this Agreement.\n1. Miscellaneous. This Agreement represents the complete agreement concerning the Software between You and Applitools and supersedes all prior agreements and representations between You and Applitools. If any provision of this Agreement is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable. Any waiver of any provision of this Agreement will be effective only if in writing and signed by Applitools. This Agreement is personal to You and may not be assigned or transferred for any reason whatsoever without the consent of Applitools and any action or conduct in violation of the foregoing shall be void and without effect. Applitools expressly reserves the right to assign this Agreement and to delegate any of its obligations hereunder. 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BY INSTALLING, ACCESSING AND/OR USING THE SOFTWARE (AS DEFINED BELOW), YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOU, OR THE COMPANY YOU REPRESENT, (“YOU” OR “LICENSEE”) ARE ENTERING INTO A LEGAL AGREEMENT WITH APPLITOOLS LTD. AND ITS AFFILIATES (“APPLITOOLS”), AND HAVE UNDERSTOOD AND AGREE TO COMPLY WITH, AND BE LEGALLY BOUND BY, THE TERMS AND CONDITIONS OF THIS AGREEMENT. YOU HEREBY WAIVE ANY RIGHTS OR REQUIREMENTS UNDER ANY LAWS OR REGULATIONS IN ANY JURISDICTION WHICH REQUIRE AN ORIGINAL (NON-ELECTRONIC) SIGNATURE OR DELIVERY OR RETENTION OF NON-ELECTRONIC RECORDS, TO THE EXTENT PERMITTED UNDER APPLICABLE LAW. \nTHE SOFTWARE MAY BE USED SOLELY FOR YOUR PERSONAL, NON-COMMERCIAL PURPOSES. FOR COMMERCIAL PURPOSES PLEASE CONTACT THE REGIONAL APPLITOOLS BUSINESS REPRESENTATIVE. \n1. Definitions. For purposes of this Agreement, the following capitalized terms shall have the following meaning:\n   1. “Documentation” means the user’s guides and technical manuals delivered by Applitools to Licensee.\n   2.  “Feedback” means suggestions, comments or feedback (whether orally or in writing) with respect to the Software.\n   3. “Intellectual Property Rights” means all intangible legal rights, titles and interests evidenced by or embodied in all: (i) inventions (regardless of patentability and whether or not reduced to practice), improvements thereto, patents, patent applications, patent disclosures, together with all reissuances, continuations, continuations in part, revisions, extensions and reexaminations thereof; (ii) trademarks, service marks, trade dress, logos, trade names, corporate names, together with translations, adaptations, derivations and combinations thereof, including goodwill associated therewith, and applications, registrations, and renewals in connection therewith; (iii) any work of authorship, regardless of copyrightable, copyrightable works, copyrights (including moral rights), and applications, registrations and renewals in connection therewith; (iv) mask works and applications, registrations and renewals in connection therewith; (v) trade secrets and Confidential Information; and (vi) other proprietary rights and any other similar rights, in each case on a worldwide basis, and copies and tangible embodiments thereof, in whatever form or medium.\n   4. “License” means the right to use the Software pursuant to Section ‎2.1 to this Agreement.\n   5.  “Software” means Applitools’ software development kit software in object or source code version, Documentation and any updates and upgrade thereto (to the extent delivered).\n1. License\n   1. Grant of License. Subject to the terms and conditions of this Agreement, Applitools grants You, during the Term, a personal, non-exclusive, non-sublicensable, non-transferable, revocable license to: (i) use the Software solely for Your own personal (non-commercial) use and (ii) use and display Applitools’ Marks solely for the purpose of publicizing or advertising that You are using the Software. \n   2. Documentation. Applitools may make available Documentation to Licensee for Licensee to use solely in connection with Licensee’s use of the Software during the term of this Agreement. Licensee may print or copy the Documentation as needed for its own purposes provided that all copyright notices are included therein. The Documentation shall be considered the Confidential Information of Applitools. \n   1. Reservation of Rights; Use Restrictions. Other than the rights explicitly granted in this Agreement, Licensee shall have no other rights, express or implied, in the Software. Without limiting the generality of the foregoing, Licensee agrees and undertakes not to: (i) allow any third party to use the Software in any manner, including but not limited to, sell, lease, sublicense or distribute the Software, or any part thereof; (ii) modify, revise, or alter the Software or reverse engineer, decompile, disassemble or otherwise reduce to human-perceivable form the Software’s source code; (iii) copy or allow copies of the Software to be made; (iv) remove, alter or obscure any proprietary notice or identification, including copyright, trademark, patent or other notices, contained in or displayed on or via the Software; (v) use the Software to violate any applicable laws, rules or regulations, or for any unlawful, harmful, irresponsible, or inappropriate purpose, or in any manner that breaches this Agreement, and/or (vi) represent that it possesses any proprietary interest in the Software.\n   1. Third Party Software. Licensee acknowledges and agrees that any third party software (“Third Party Software”) that provided with the Software is provided under the terms of the license attached/linked thereto or, if no such license is attached, such Third Party Software is provided for free and on “AS IS” basis. Applitools is not liable for any losses or damages which may occur resulting from the use of any Third Party Software. Applitools does not possess any proprietary interest in such Third Party Software. \n   1. Open Source Licenses. The Software includes certain open source code software and materials (as shall be listed in the documentation of the Software) (“Open Source Software”) that are subject to their respective open source licenses (“Open Source Licenses”). Such Open Source Licenses contain a list of conditions with respect to warranty, copyright policy and other provisions. By executing this Agreement, Licensee undertakes to strictly comply with the terms and condition of the Open Source Licenses, as may be amended from time to time. In order to comply with the Open Source Licenses, Licensee shall read the respective licenses or notices, such list of Open Source Licenses may be amended from time to time by Applitools, at its sole discretion. In the event of any inconsistencies or conflicting provisions between the provisions of the Open Source Licenses and the provisions of this Agreement, the provisions of the Open Source Licenses shall prevail. Without derogating from the generality of the foregoing, it is clarified that any Open Source Software is provided on an “AS IS” basis, without indemnity or warranty of any kind, whether express or implied. For clarity, the representations and warranties set forth in Section ‎4 hereunder shall not apply to any Open Source Software.\n1. Title & Ownership. APPLITOOLS DOES NOT SELL OR TRANSFER TITLE IN THE SOFTWARE, OR ANY PART THEREOF, TO LICENSEE. The Documentation, Software (excluding any Open Source Software and Third Party Software therein which are owned by their respective licensors) and/or any copies thereof, including without limitation any derivative works made (regardless of whether such derivative works were made and/or developed pursuant to the request and/or specifications of Licensee, and irrespective of any support and/or assistance Applitools may, will or had received from Licensee, or any third party on its behalf, with respect thereto), as well as any updates or upgrades thereto, if provided to Applitools pursuant to this Agreement, shall remain Applitools’ sole and exclusive property. All Intellectual Property Rights evidenced by or embodied in and/or attached/connected/related to the Software, or part thereof, are and shall be owned solely and exclusively by Applitools. Nothing in this Agreement shall constitute a waiver of Applitools’ Intellectual Property Rights under any law, or be in any way construed or interpreted as such. It is further agreed that to the extent Licensee provides Applitools with Feedback, Licensee acknowledges that any and all rights, including Intellectual Property Rights in such Feedback shall belong exclusively to Applitools and Licensee hereby irrevocably and unconditionally transfers and assigns to Applitools all intellectual property rights in such Feedback and waives any and all moral rights that Licensee may have in respect thereto. It is further understood that use of Feedback, if any, may be made by Applitools at its sole discretion, and that Applitools in no way shall be obliged to make use of any kind of the Feedback or part thereof. \n1. Warranty. Applitools warrants that to its knowledge it has the right to grant the license under this Agreement. Applitools’ sole liability for any breach of this warranty or any other warranty under this Agreement shall be, at Applitools’ sole discretion: (i) to replace or repair the Software or the applicable portion thereof; or (ii) to terminate this Agreement.\n2. Warranty Exclusions. The warranties set forth in Section ‎4 are contingent upon Licensee’s proper use of the Software, and shall not apply to damage caused by abuse, misuse, alteration, neglect or unauthorized repair or installation, or by the use or attempted use of Software other than that supplied and supported by Applitools. Applitools will use reasonable commercial efforts to repair or replace the Software or the applicable portion thereof, pursuant to the foregoing warranty within thirty (30) days of being so notified.\n1. Warranty Disclaimers. AS BETWEEN LICENSEE AND APPLITOOLS, EXCEPT AS SET IN SECTION ‎4, THE SOFTWARE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND INCLUDING, WITHOUT LIMITATION, REPRESENTATIONS, WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR INTENDED OR PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, THAT THE SOFTWARE WILL MEET LICENSEE’S REQUIREMENTS OR EXPECTATIONS OR WILL ACHIEVE ANY SPECIFIC RESULTS AND THOSE ARISING BY STATUTE OR FROM A COURSE OF DEALING OR USAGE OF TRADE. Applicable law may not allow the exclusion of certain warranties, so to that extent such exclusions may not apply.\n1. High Risk Activities. You acknowledge that the Software is not fault tolerant and is not designed, manufactured, or intended for use or resale as on-line control equipment in hazardous or high risk environments and activities requiring fail-safe performance (such as in the operation of nuclear facilities, aircraft navigation or communication systems, air traffic control, direct life support machines and/or devices, or weapons systems) in which the failure of the Software could lead directly to death, personal injury, or severe physical or environmental damage, and You agree not to use or allow the use of the Software or any portion thereof for, or in connection with, any such environment or activity.\n1. Indemnify. You agree that Applitools shall have no liability whatsoever for any use made of the Software by You or any third party. You hereby agree to defend, indemnify and hold harmless Applitools and its affiliates and their respective officers, directors, agents and employees from any and all claims, damages, liabilities, costs, and expenses (including attorney’s fees) arising from claims related to Your use of the Software as well as from Your failure to comply with this Agreement.\n1. Limitation of Liability. UNDER NO CIRCUMSTANCES SHALL APPLITOOLS AND/OR ITS AFFILIATES BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, OR FOR ANY LOSS OF DATA, REVENUE, BUSINESS OR REPUTATION, THAT ARISES UNDER OR IN CONNECTION WITH THIS AGREEMENT, OR THAT RESULTS FROM THE USE OF, OR THE INABILITY TO USE, THE SOFTWARE. APPLITOOLS’S TOTAL AGGREGATE LIABILITY FOR ANY AND ALL DIRECT DAMAGES AND LOSSES THAT ARISE UNDER OR IN CONNECTION WITH THIS AGREEMENT SHALL NOT IN ANY CIRCUMSTANCE EXCEED THE AMOUNT OF 100.00 (ONE HUNDRED) UNITED STATES DOLLARS. THE FOREGOING LIMITATIONS AND EXCLUSIONS IN THIS SECTION ‎7 SHALL APPLY: (I) EVEN IF APPLITOOLS HAS BEEN ADVISED OF THE POSSIBILITY OF ANY DAMAGES OR LOSSES; (II) EVEN IF ANY REMEDY SET FORTH HEREIN FAILS OF ITS ESSENTIAL PURPOSE; AND (III) REGARDLESS OF THE BASIS OR THEORY OF LIABILITY.\n1. Export Laws. Licensee agrees to comply fully with all U.S., EU, Israeli, and all applicable export laws and regulations to ensure that neither the Software nor any technical data related thereto are exported or re-exported directly or indirectly in violation of, or used for any purposes prohibited by, such laws and regulations. For clarity, and without derogating from Section ‎11 below, in case of any change of any applicable law, policy or regulation, which might affect Applitools’ business, Applitools will have the right to terminate this Agreement and the license granted hereunder and the Licensee shall have no claims regarding such termination. \n1. Term and Termination. This Agreement shall continue until terminated as set forth in this section (the “Term”). You may terminate this Agreement at any time by removing the Software from Your system and destroying all copies of the Software and Documentation relating to the Software. Unauthorized copying of the Software or otherwise failing to comply with this Agreement will result in automatic immediate termination of this Agreement and will make available to Applitools legal remedies. Applitools reserves the right to terminate this Agreement and the License at any time and without notice. Upon termination of this Agreement, the License will terminate and You: (i) will cease any and all rights to use the Software, and (ii) will remove the Software from all hard drives, networks and other storage media and destroy all copies of the Software in your possession or under your control. The provisions of Sections ‎2.3, ‎2.4, ‎2.5, ‎6, ‎7, ‎8, ‎9, 10, ‎11 and ‎12 shall survive the termination, expiration or other ending of this Agreement.\n1. Miscellaneous. This Agreement represents the complete agreement concerning the Software between You and Applitools and supersedes all prior agreements and representations between You and Applitools. If any provision of this Agreement is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable. Any waiver of any provision of this Agreement will be effective only if in writing and signed by Applitools. This Agreement is personal to You and may not be assigned or transferred for any reason whatsoever without the consent of Applitools and any action or conduct in violation of the foregoing shall be void and without effect. Applitools expressly reserves the right to assign this Agreement and to delegate any of its obligations hereunder. 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BY INSTALLING, ACCESSING AND/OR USING THE SOFTWARE (AS DEFINED BELOW), YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOU, OR THE COMPANY YOU REPRESENT, (“YOU” OR “LICENSEE”) ARE ENTERING INTO A LEGAL AGREEMENT WITH APPLITOOLS LTD. AND ITS AFFILIATES (“APPLITOOLS”), AND HAVE UNDERSTOOD AND AGREE TO COMPLY WITH, AND BE LEGALLY BOUND BY, THE TERMS AND CONDITIONS OF THIS AGREEMENT. YOU HEREBY WAIVE ANY RIGHTS OR REQUIREMENTS UNDER ANY LAWS OR REGULATIONS IN ANY JURISDICTION WHICH REQUIRE AN ORIGINAL (NON-ELECTRONIC) SIGNATURE OR DELIVERY OR RETENTION OF NON-ELECTRONIC RECORDS, TO THE EXTENT PERMITTED UNDER APPLICABLE LAW. \nTHE SOFTWARE MAY BE USED SOLELY FOR YOUR PERSONAL, NON-COMMERCIAL PURPOSES. FOR COMMERCIAL PURPOSES PLEASE CONTACT THE REGIONAL APPLITOOLS BUSINESS REPRESENTATIVE. \n1. Definitions. For purposes of this Agreement, the following capitalized terms shall have the following meaning:\n   1. “Documentation” means the user’s guides and technical manuals delivered by Applitools to Licensee.\n   2.  “Feedback” means suggestions, comments or feedback (whether orally or in writing) with respect to the Software.\n   3. “Intellectual Property Rights” means all intangible legal rights, titles and interests evidenced by or embodied in all: (i) inventions (regardless of patentability and whether or not reduced to practice), improvements thereto, patents, patent applications, patent disclosures, together with all reissuances, continuations, continuations in part, revisions, extensions and reexaminations thereof; (ii) trademarks, service marks, trade dress, logos, trade names, corporate names, together with translations, adaptations, derivations and combinations thereof, including goodwill associated therewith, and applications, registrations, and renewals in connection therewith; (iii) any work of authorship, regardless of copyrightable, copyrightable works, copyrights (including moral rights), and applications, registrations and renewals in connection therewith; (iv) mask works and applications, registrations and renewals in connection therewith; (v) trade secrets and Confidential Information; and (vi) other proprietary rights and any other similar rights, in each case on a worldwide basis, and copies and tangible embodiments thereof, in whatever form or medium.\n   4. “License” means the right to use the Software pursuant to Section ‎2.1 to this Agreement.\n   5.  “Software” means Applitools’ software development kit software in object or source code version, Documentation and any updates and upgrade thereto (to the extent delivered).\n1. License\n   1. Grant of License. Subject to the terms and conditions of this Agreement, Applitools grants You, during the Term, a personal, non-exclusive, non-sublicensable, non-transferable, revocable license to: (i) use the Software solely for Your own personal (non-commercial) use and (ii) use and display Applitools’ Marks solely for the purpose of publicizing or advertising that You are using the Software. \n   2. Documentation. Applitools may make available Documentation to Licensee for Licensee to use solely in connection with Licensee’s use of the Software during the term of this Agreement. Licensee may print or copy the Documentation as needed for its own purposes provided that all copyright notices are included therein. The Documentation shall be considered the Confidential Information of Applitools. \n   1. Reservation of Rights; Use Restrictions. Other than the rights explicitly granted in this Agreement, Licensee shall have no other rights, express or implied, in the Software. Without limiting the generality of the foregoing, Licensee agrees and undertakes not to: (i) allow any third party to use the Software in any manner, including but not limited to, sell, lease, sublicense or distribute the Software, or any part thereof; (ii) modify, revise, or alter the Software or reverse engineer, decompile, disassemble or otherwise reduce to human-perceivable form the Software’s source code; (iii) copy or allow copies of the Software to be made; (iv) remove, alter or obscure any proprietary notice or identification, including copyright, trademark, patent or other notices, contained in or displayed on or via the Software; (v) use the Software to violate any applicable laws, rules or regulations, or for any unlawful, harmful, irresponsible, or inappropriate purpose, or in any manner that breaches this Agreement, and/or (vi) represent that it possesses any proprietary interest in the Software.\n   1. Third Party Software. Licensee acknowledges and agrees that any third party software (“Third Party Software”) that provided with the Software is provided under the terms of the license attached/linked thereto or, if no such license is attached, such Third Party Software is provided for free and on “AS IS” basis. Applitools is not liable for any losses or damages which may occur resulting from the use of any Third Party Software. Applitools does not possess any proprietary interest in such Third Party Software. \n   1. Open Source Licenses. The Software includes certain open source code software and materials (as shall be listed in the documentation of the Software) (“Open Source Software”) that are subject to their respective open source licenses (“Open Source Licenses”). Such Open Source Licenses contain a list of conditions with respect to warranty, copyright policy and other provisions. By executing this Agreement, Licensee undertakes to strictly comply with the terms and condition of the Open Source Licenses, as may be amended from time to time. In order to comply with the Open Source Licenses, Licensee shall read the respective licenses or notices, such list of Open Source Licenses may be amended from time to time by Applitools, at its sole discretion. In the event of any inconsistencies or conflicting provisions between the provisions of the Open Source Licenses and the provisions of this Agreement, the provisions of the Open Source Licenses shall prevail. Without derogating from the generality of the foregoing, it is clarified that any Open Source Software is provided on an “AS IS” basis, without indemnity or warranty of any kind, whether express or implied. For clarity, the representations and warranties set forth in Section ‎4 hereunder shall not apply to any Open Source Software.\n1. Title & Ownership. APPLITOOLS DOES NOT SELL OR TRANSFER TITLE IN THE SOFTWARE, OR ANY PART THEREOF, TO LICENSEE. The Documentation, Software (excluding any Open Source Software and Third Party Software therein which are owned by their respective licensors) and/or any copies thereof, including without limitation any derivative works made (regardless of whether such derivative works were made and/or developed pursuant to the request and/or specifications of Licensee, and irrespective of any support and/or assistance Applitools may, will or had received from Licensee, or any third party on its behalf, with respect thereto), as well as any updates or upgrades thereto, if provided to Applitools pursuant to this Agreement, shall remain Applitools’ sole and exclusive property. All Intellectual Property Rights evidenced by or embodied in and/or attached/connected/related to the Software, or part thereof, are and shall be owned solely and exclusively by Applitools. Nothing in this Agreement shall constitute a waiver of Applitools’ Intellectual Property Rights under any law, or be in any way construed or interpreted as such. It is further agreed that to the extent Licensee provides Applitools with Feedback, Licensee acknowledges that any and all rights, including Intellectual Property Rights in such Feedback shall belong exclusively to Applitools and Licensee hereby irrevocably and unconditionally transfers and assigns to Applitools all intellectual property rights in such Feedback and waives any and all moral rights that Licensee may have in respect thereto. It is further understood that use of Feedback, if any, may be made by Applitools at its sole discretion, and that Applitools in no way shall be obliged to make use of any kind of the Feedback or part thereof. \n1. Warranty. Applitools warrants that to its knowledge it has the right to grant the license under this Agreement. Applitools’ sole liability for any breach of this warranty or any other warranty under this Agreement shall be, at Applitools’ sole discretion: (i) to replace or repair the Software or the applicable portion thereof; or (ii) to terminate this Agreement.\n2. Warranty Exclusions. The warranties set forth in Section ‎4 are contingent upon Licensee’s proper use of the Software, and shall not apply to damage caused by abuse, misuse, alteration, neglect or unauthorized repair or installation, or by the use or attempted use of Software other than that supplied and supported by Applitools. Applitools will use reasonable commercial efforts to repair or replace the Software or the applicable portion thereof, pursuant to the foregoing warranty within thirty (30) days of being so notified.\n1. Warranty Disclaimers. AS BETWEEN LICENSEE AND APPLITOOLS, EXCEPT AS SET IN SECTION ‎4, THE SOFTWARE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND INCLUDING, WITHOUT LIMITATION, REPRESENTATIONS, WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR INTENDED OR PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, THAT THE SOFTWARE WILL MEET LICENSEE’S REQUIREMENTS OR EXPECTATIONS OR WILL ACHIEVE ANY SPECIFIC RESULTS AND THOSE ARISING BY STATUTE OR FROM A COURSE OF DEALING OR USAGE OF TRADE. Applicable law may not allow the exclusion of certain warranties, so to that extent such exclusions may not apply.\n1. High Risk Activities. You acknowledge that the Software is not fault tolerant and is not designed, manufactured, or intended for use or resale as on-line control equipment in hazardous or high risk environments and activities requiring fail-safe performance (such as in the operation of nuclear facilities, aircraft navigation or communication systems, air traffic control, direct life support machines and/or devices, or weapons systems) in which the failure of the Software could lead directly to death, personal injury, or severe physical or environmental damage, and You agree not to use or allow the use of the Software or any portion thereof for, or in connection with, any such environment or activity.\n1. Indemnify. You agree that Applitools shall have no liability whatsoever for any use made of the Software by You or any third party. You hereby agree to defend, indemnify and hold harmless Applitools and its affiliates and their respective officers, directors, agents and employees from any and all claims, damages, liabilities, costs, and expenses (including attorney’s fees) arising from claims related to Your use of the Software as well as from Your failure to comply with this Agreement.\n1. Limitation of Liability. UNDER NO CIRCUMSTANCES SHALL APPLITOOLS AND/OR ITS AFFILIATES BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, OR FOR ANY LOSS OF DATA, REVENUE, BUSINESS OR REPUTATION, THAT ARISES UNDER OR IN CONNECTION WITH THIS AGREEMENT, OR THAT RESULTS FROM THE USE OF, OR THE INABILITY TO USE, THE SOFTWARE. APPLITOOLS’S TOTAL AGGREGATE LIABILITY FOR ANY AND ALL DIRECT DAMAGES AND LOSSES THAT ARISE UNDER OR IN CONNECTION WITH THIS AGREEMENT SHALL NOT IN ANY CIRCUMSTANCE EXCEED THE AMOUNT OF 100.00 (ONE HUNDRED) UNITED STATES DOLLARS. THE FOREGOING LIMITATIONS AND EXCLUSIONS IN THIS SECTION ‎7 SHALL APPLY: (I) EVEN IF APPLITOOLS HAS BEEN ADVISED OF THE POSSIBILITY OF ANY DAMAGES OR LOSSES; (II) EVEN IF ANY REMEDY SET FORTH HEREIN FAILS OF ITS ESSENTIAL PURPOSE; AND (III) REGARDLESS OF THE BASIS OR THEORY OF LIABILITY.\n1. Export Laws. Licensee agrees to comply fully with all U.S., EU, Israeli, and all applicable export laws and regulations to ensure that neither the Software nor any technical data related thereto are exported or re-exported directly or indirectly in violation of, or used for any purposes prohibited by, such laws and regulations. For clarity, and without derogating from Section ‎11 below, in case of any change of any applicable law, policy or regulation, which might affect Applitools’ business, Applitools will have the right to terminate this Agreement and the license granted hereunder and the Licensee shall have no claims regarding such termination. \n1. Term and Termination. This Agreement shall continue until terminated as set forth in this section (the “Term”). You may terminate this Agreement at any time by removing the Software from Your system and destroying all copies of the Software and Documentation relating to the Software. Unauthorized copying of the Software or otherwise failing to comply with this Agreement will result in automatic immediate termination of this Agreement and will make available to Applitools legal remedies. Applitools reserves the right to terminate this Agreement and the License at any time and without notice. Upon termination of this Agreement, the License will terminate and You: (i) will cease any and all rights to use the Software, and (ii) will remove the Software from all hard drives, networks and other storage media and destroy all copies of the Software in your possession or under your control. The provisions of Sections ‎2.3, ‎2.4, ‎2.5, ‎6, ‎7, ‎8, ‎9, 10, ‎11 and ‎12 shall survive the termination, expiration or other ending of this Agreement.\n1. Miscellaneous. This Agreement represents the complete agreement concerning the Software between You and Applitools and supersedes all prior agreements and representations between You and Applitools. If any provision of this Agreement is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable. Any waiver of any provision of this Agreement will be effective only if in writing and signed by Applitools. This Agreement is personal to You and may not be assigned or transferred for any reason whatsoever without the consent of Applitools and any action or conduct in violation of the foregoing shall be void and without effect. Applitools expressly reserves the right to assign this Agreement and to delegate any of its obligations hereunder. This Agreement are governed by and construed under the laws of the State of Israel, excluding its conflicts of law rules. You expressly agree that the exclusive jurisdiction for any claim or action arising out of or relating to this Agreement shall be the courts located in Tel Aviv, Israel, and You further agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action. In any action or proceeding to enforce rights under this Agreement, the prevailing party shall be entitled to recover costs and attorneys’ 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BY INSTALLING, ACCESSING AND/OR USING THE SOFTWARE (AS DEFINED BELOW), YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOU, OR THE COMPANY YOU REPRESENT, (“YOU” OR “LICENSEE”) ARE ENTERING INTO A LEGAL AGREEMENT WITH APPLITOOLS LTD. AND ITS AFFILIATES (“APPLITOOLS”), AND HAVE UNDERSTOOD AND AGREE TO COMPLY WITH, AND BE LEGALLY BOUND BY, THE TERMS AND CONDITIONS OF THIS AGREEMENT. YOU HEREBY WAIVE ANY RIGHTS OR REQUIREMENTS UNDER ANY LAWS OR REGULATIONS IN ANY JURISDICTION WHICH REQUIRE AN ORIGINAL (NON-ELECTRONIC) SIGNATURE OR DELIVERY OR RETENTION OF NON-ELECTRONIC RECORDS, TO THE EXTENT PERMITTED UNDER APPLICABLE LAW. \nTHE SOFTWARE MAY BE USED SOLELY FOR YOUR PERSONAL, NON-COMMERCIAL PURPOSES. FOR COMMERCIAL PURPOSES PLEASE CONTACT THE REGIONAL APPLITOOLS BUSINESS REPRESENTATIVE. \n1. Definitions. For purposes of this Agreement, the following capitalized terms shall have the following meaning:\n   1. “Documentation” means the user’s guides and technical manuals delivered by Applitools to Licensee.\n   2.  “Feedback” means suggestions, comments or feedback (whether orally or in writing) with respect to the Software.\n   3. “Intellectual Property Rights” means all intangible legal rights, titles and interests evidenced by or embodied in all: (i) inventions (regardless of patentability and whether or not reduced to practice), improvements thereto, patents, patent applications, patent disclosures, together with all reissuances, continuations, continuations in part, revisions, extensions and reexaminations thereof; (ii) trademarks, service marks, trade dress, logos, trade names, corporate names, together with translations, adaptations, derivations and combinations thereof, including goodwill associated therewith, and applications, registrations, and renewals in connection therewith; (iii) any work of authorship, regardless of copyrightable, copyrightable works, copyrights (including moral rights), and applications, registrations and renewals in connection therewith; (iv) mask works and applications, registrations and renewals in connection therewith; (v) trade secrets and Confidential Information; and (vi) other proprietary rights and any other similar rights, in each case on a worldwide basis, and copies and tangible embodiments thereof, in whatever form or medium.\n   4. “License” means the right to use the Software pursuant to Section ‎2.1 to this Agreement.\n   5.  “Software” means Applitools’ software development kit software in object or source code version, Documentation and any updates and upgrade thereto (to the extent delivered).\n1. License\n   1. Grant of License. Subject to the terms and conditions of this Agreement, Applitools grants You, during the Term, a personal, non-exclusive, non-sublicensable, non-transferable, revocable license to: (i) use the Software solely for Your own personal (non-commercial) use and (ii) use and display Applitools’ Marks solely for the purpose of publicizing or advertising that You are using the Software. \n   2. Documentation. Applitools may make available Documentation to Licensee for Licensee to use solely in connection with Licensee’s use of the Software during the term of this Agreement. Licensee may print or copy the Documentation as needed for its own purposes provided that all copyright notices are included therein. The Documentation shall be considered the Confidential Information of Applitools. \n   1. Reservation of Rights; Use Restrictions. Other than the rights explicitly granted in this Agreement, Licensee shall have no other rights, express or implied, in the Software. Without limiting the generality of the foregoing, Licensee agrees and undertakes not to: (i) allow any third party to use the Software in any manner, including but not limited to, sell, lease, sublicense or distribute the Software, or any part thereof; (ii) modify, revise, or alter the Software or reverse engineer, decompile, disassemble or otherwise reduce to human-perceivable form the Software’s source code; (iii) copy or allow copies of the Software to be made; (iv) remove, alter or obscure any proprietary notice or identification, including copyright, trademark, patent or other notices, contained in or displayed on or via the Software; (v) use the Software to violate any applicable laws, rules or regulations, or for any unlawful, harmful, irresponsible, or inappropriate purpose, or in any manner that breaches this Agreement, and/or (vi) represent that it possesses any proprietary interest in the Software.\n   1. Third Party Software. Licensee acknowledges and agrees that any third party software (“Third Party Software”) that provided with the Software is provided under the terms of the license attached/linked thereto or, if no such license is attached, such Third Party Software is provided for free and on “AS IS” basis. Applitools is not liable for any losses or damages which may occur resulting from the use of any Third Party Software. Applitools does not possess any proprietary interest in such Third Party Software. \n   1. Open Source Licenses. The Software includes certain open source code software and materials (as shall be listed in the documentation of the Software) (“Open Source Software”) that are subject to their respective open source licenses (“Open Source Licenses”). Such Open Source Licenses contain a list of conditions with respect to warranty, copyright policy and other provisions. By executing this Agreement, Licensee undertakes to strictly comply with the terms and condition of the Open Source Licenses, as may be amended from time to time. In order to comply with the Open Source Licenses, Licensee shall read the respective licenses or notices, such list of Open Source Licenses may be amended from time to time by Applitools, at its sole discretion. In the event of any inconsistencies or conflicting provisions between the provisions of the Open Source Licenses and the provisions of this Agreement, the provisions of the Open Source Licenses shall prevail. Without derogating from the generality of the foregoing, it is clarified that any Open Source Software is provided on an “AS IS” basis, without indemnity or warranty of any kind, whether express or implied. For clarity, the representations and warranties set forth in Section ‎4 hereunder shall not apply to any Open Source Software.\n1. Title & Ownership. APPLITOOLS DOES NOT SELL OR TRANSFER TITLE IN THE SOFTWARE, OR ANY PART THEREOF, TO LICENSEE. The Documentation, Software (excluding any Open Source Software and Third Party Software therein which are owned by their respective licensors) and/or any copies thereof, including without limitation any derivative works made (regardless of whether such derivative works were made and/or developed pursuant to the request and/or specifications of Licensee, and irrespective of any support and/or assistance Applitools may, will or had received from Licensee, or any third party on its behalf, with respect thereto), as well as any updates or upgrades thereto, if provided to Applitools pursuant to this Agreement, shall remain Applitools’ sole and exclusive property. All Intellectual Property Rights evidenced by or embodied in and/or attached/connected/related to the Software, or part thereof, are and shall be owned solely and exclusively by Applitools. Nothing in this Agreement shall constitute a waiver of Applitools’ Intellectual Property Rights under any law, or be in any way construed or interpreted as such. It is further agreed that to the extent Licensee provides Applitools with Feedback, Licensee acknowledges that any and all rights, including Intellectual Property Rights in such Feedback shall belong exclusively to Applitools and Licensee hereby irrevocably and unconditionally transfers and assigns to Applitools all intellectual property rights in such Feedback and waives any and all moral rights that Licensee may have in respect thereto. It is further understood that use of Feedback, if any, may be made by Applitools at its sole discretion, and that Applitools in no way shall be obliged to make use of any kind of the Feedback or part thereof. \n1. Warranty. Applitools warrants that to its knowledge it has the right to grant the license under this Agreement. Applitools’ sole liability for any breach of this warranty or any other warranty under this Agreement shall be, at Applitools’ sole discretion: (i) to replace or repair the Software or the applicable portion thereof; or (ii) to terminate this Agreement.\n2. Warranty Exclusions. The warranties set forth in Section ‎4 are contingent upon Licensee’s proper use of the Software, and shall not apply to damage caused by abuse, misuse, alteration, neglect or unauthorized repair or installation, or by the use or attempted use of Software other than that supplied and supported by Applitools. Applitools will use reasonable commercial efforts to repair or replace the Software or the applicable portion thereof, pursuant to the foregoing warranty within thirty (30) days of being so notified.\n1. Warranty Disclaimers. AS BETWEEN LICENSEE AND APPLITOOLS, EXCEPT AS SET IN SECTION ‎4, THE SOFTWARE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND INCLUDING, WITHOUT LIMITATION, REPRESENTATIONS, WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR INTENDED OR PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, THAT THE SOFTWARE WILL MEET LICENSEE’S REQUIREMENTS OR EXPECTATIONS OR WILL ACHIEVE ANY SPECIFIC RESULTS AND THOSE ARISING BY STATUTE OR FROM A COURSE OF DEALING OR USAGE OF TRADE. Applicable law may not allow the exclusion of certain warranties, so to that extent such exclusions may not apply.\n1. High Risk Activities. You acknowledge that the Software is not fault tolerant and is not designed, manufactured, or intended for use or resale as on-line control equipment in hazardous or high risk environments and activities requiring fail-safe performance (such as in the operation of nuclear facilities, aircraft navigation or communication systems, air traffic control, direct life support machines and/or devices, or weapons systems) in which the failure of the Software could lead directly to death, personal injury, or severe physical or environmental damage, and You agree not to use or allow the use of the Software or any portion thereof for, or in connection with, any such environment or activity.\n1. Indemnify. You agree that Applitools shall have no liability whatsoever for any use made of the Software by You or any third party. You hereby agree to defend, indemnify and hold harmless Applitools and its affiliates and their respective officers, directors, agents and employees from any and all claims, damages, liabilities, costs, and expenses (including attorney’s fees) arising from claims related to Your use of the Software as well as from Your failure to comply with this Agreement.\n1. Limitation of Liability. UNDER NO CIRCUMSTANCES SHALL APPLITOOLS AND/OR ITS AFFILIATES BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, OR FOR ANY LOSS OF DATA, REVENUE, BUSINESS OR REPUTATION, THAT ARISES UNDER OR IN CONNECTION WITH THIS AGREEMENT, OR THAT RESULTS FROM THE USE OF, OR THE INABILITY TO USE, THE SOFTWARE. APPLITOOLS’S TOTAL AGGREGATE LIABILITY FOR ANY AND ALL DIRECT DAMAGES AND LOSSES THAT ARISE UNDER OR IN CONNECTION WITH THIS AGREEMENT SHALL NOT IN ANY CIRCUMSTANCE EXCEED THE AMOUNT OF 100.00 (ONE HUNDRED) UNITED STATES DOLLARS. THE FOREGOING LIMITATIONS AND EXCLUSIONS IN THIS SECTION ‎7 SHALL APPLY: (I) EVEN IF APPLITOOLS HAS BEEN ADVISED OF THE POSSIBILITY OF ANY DAMAGES OR LOSSES; (II) EVEN IF ANY REMEDY SET FORTH HEREIN FAILS OF ITS ESSENTIAL PURPOSE; AND (III) REGARDLESS OF THE BASIS OR THEORY OF LIABILITY.\n1. Export Laws. Licensee agrees to comply fully with all U.S., EU, Israeli, and all applicable export laws and regulations to ensure that neither the Software nor any technical data related thereto are exported or re-exported directly or indirectly in violation of, or used for any purposes prohibited by, such laws and regulations. For clarity, and without derogating from Section ‎11 below, in case of any change of any applicable law, policy or regulation, which might affect Applitools’ business, Applitools will have the right to terminate this Agreement and the license granted hereunder and the Licensee shall have no claims regarding such termination. \n1. Term and Termination. This Agreement shall continue until terminated as set forth in this section (the “Term”). You may terminate this Agreement at any time by removing the Software from Your system and destroying all copies of the Software and Documentation relating to the Software. Unauthorized copying of the Software or otherwise failing to comply with this Agreement will result in automatic immediate termination of this Agreement and will make available to Applitools legal remedies. Applitools reserves the right to terminate this Agreement and the License at any time and without notice. Upon termination of this Agreement, the License will terminate and You: (i) will cease any and all rights to use the Software, and (ii) will remove the Software from all hard drives, networks and other storage media and destroy all copies of the Software in your possession or under your control. 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BY INSTALLING, ACCESSING AND/OR USING THE SOFTWARE (AS DEFINED BELOW), YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOU, OR THE COMPANY YOU REPRESENT, (“YOU” OR “LICENSEE”) ARE ENTERING INTO A LEGAL AGREEMENT WITH APPLITOOLS LTD. AND ITS AFFILIATES (“APPLITOOLS”), AND HAVE UNDERSTOOD AND AGREE TO COMPLY WITH, AND BE LEGALLY BOUND BY, THE TERMS AND CONDITIONS OF THIS AGREEMENT. YOU HEREBY WAIVE ANY RIGHTS OR REQUIREMENTS UNDER ANY LAWS OR REGULATIONS IN ANY JURISDICTION WHICH REQUIRE AN ORIGINAL (NON-ELECTRONIC) SIGNATURE OR DELIVERY OR RETENTION OF NON-ELECTRONIC RECORDS, TO THE EXTENT PERMITTED UNDER APPLICABLE LAW. \nTHE SOFTWARE MAY BE USED SOLELY FOR YOUR PERSONAL, NON-COMMERCIAL PURPOSES. FOR COMMERCIAL PURPOSES PLEASE CONTACT THE REGIONAL APPLITOOLS BUSINESS REPRESENTATIVE. \n1. Definitions. For purposes of this Agreement, the following capitalized terms shall have the following meaning:\n   1. “Documentation” means the user’s guides and technical manuals delivered by Applitools to Licensee.\n   2.  “Feedback” means suggestions, comments or feedback (whether orally or in writing) with respect to the Software.\n   3. “Intellectual Property Rights” means all intangible legal rights, titles and interests evidenced by or embodied in all: (i) inventions (regardless of patentability and whether or not reduced to practice), improvements thereto, patents, patent applications, patent disclosures, together with all reissuances, continuations, continuations in part, revisions, extensions and reexaminations thereof; (ii) trademarks, service marks, trade dress, logos, trade names, corporate names, together with translations, adaptations, derivations and combinations thereof, including goodwill associated therewith, and applications, registrations, and renewals in connection therewith; (iii) any work of authorship, regardless of copyrightable, copyrightable works, copyrights (including moral rights), and applications, registrations and renewals in connection therewith; (iv) mask works and applications, registrations and renewals in connection therewith; (v) trade secrets and Confidential Information; and (vi) other proprietary rights and any other similar rights, in each case on a worldwide basis, and copies and tangible embodiments thereof, in whatever form or medium.\n   4. “License” means the right to use the Software pursuant to Section ‎2.1 to this Agreement.\n   5.  “Software” means Applitools’ software development kit software in object or source code version, Documentation and any updates and upgrade thereto (to the extent delivered).\n1. License\n   1. Grant of License. Subject to the terms and conditions of this Agreement, Applitools grants You, during the Term, a personal, non-exclusive, non-sublicensable, non-transferable, revocable license to: (i) use the Software solely for Your own personal (non-commercial) use and (ii) use and display Applitools’ Marks solely for the purpose of publicizing or advertising that You are using the Software. \n   2. Documentation. Applitools may make available Documentation to Licensee for Licensee to use solely in connection with Licensee’s use of the Software during the term of this Agreement. Licensee may print or copy the Documentation as needed for its own purposes provided that all copyright notices are included therein. The Documentation shall be considered the Confidential Information of Applitools. \n   1. Reservation of Rights; Use Restrictions. Other than the rights explicitly granted in this Agreement, Licensee shall have no other rights, express or implied, in the Software. Without limiting the generality of the foregoing, Licensee agrees and undertakes not to: (i) allow any third party to use the Software in any manner, including but not limited to, sell, lease, sublicense or distribute the Software, or any part thereof; (ii) modify, revise, or alter the Software or reverse engineer, decompile, disassemble or otherwise reduce to human-perceivable form the Software’s source code; (iii) copy or allow copies of the Software to be made; (iv) remove, alter or obscure any proprietary notice or identification, including copyright, trademark, patent or other notices, contained in or displayed on or via the Software; (v) use the Software to violate any applicable laws, rules or regulations, or for any unlawful, harmful, irresponsible, or inappropriate purpose, or in any manner that breaches this Agreement, and/or (vi) represent that it possesses any proprietary interest in the Software.\n   1. Third Party Software. Licensee acknowledges and agrees that any third party software (“Third Party Software”) that provided with the Software is provided under the terms of the license attached/linked thereto or, if no such license is attached, such Third Party Software is provided for free and on “AS IS” basis. Applitools is not liable for any losses or damages which may occur resulting from the use of any Third Party Software. Applitools does not possess any proprietary interest in such Third Party Software. \n   1. Open Source Licenses. The Software includes certain open source code software and materials (as shall be listed in the documentation of the Software) (“Open Source Software”) that are subject to their respective open source licenses (“Open Source Licenses”). Such Open Source Licenses contain a list of conditions with respect to warranty, copyright policy and other provisions. By executing this Agreement, Licensee undertakes to strictly comply with the terms and condition of the Open Source Licenses, as may be amended from time to time. In order to comply with the Open Source Licenses, Licensee shall read the respective licenses or notices, such list of Open Source Licenses may be amended from time to time by Applitools, at its sole discretion. In the event of any inconsistencies or conflicting provisions between the provisions of the Open Source Licenses and the provisions of this Agreement, the provisions of the Open Source Licenses shall prevail. Without derogating from the generality of the foregoing, it is clarified that any Open Source Software is provided on an “AS IS” basis, without indemnity or warranty of any kind, whether express or implied. For clarity, the representations and warranties set forth in Section ‎4 hereunder shall not apply to any Open Source Software.\n1. Title & Ownership. APPLITOOLS DOES NOT SELL OR TRANSFER TITLE IN THE SOFTWARE, OR ANY PART THEREOF, TO LICENSEE. The Documentation, Software (excluding any Open Source Software and Third Party Software therein which are owned by their respective licensors) and/or any copies thereof, including without limitation any derivative works made (regardless of whether such derivative works were made and/or developed pursuant to the request and/or specifications of Licensee, and irrespective of any support and/or assistance Applitools may, will or had received from Licensee, or any third party on its behalf, with respect thereto), as well as any updates or upgrades thereto, if provided to Applitools pursuant to this Agreement, shall remain Applitools’ sole and exclusive property. All Intellectual Property Rights evidenced by or embodied in and/or attached/connected/related to the Software, or part thereof, are and shall be owned solely and exclusively by Applitools. Nothing in this Agreement shall constitute a waiver of Applitools’ Intellectual Property Rights under any law, or be in any way construed or interpreted as such. It is further agreed that to the extent Licensee provides Applitools with Feedback, Licensee acknowledges that any and all rights, including Intellectual Property Rights in such Feedback shall belong exclusively to Applitools and Licensee hereby irrevocably and unconditionally transfers and assigns to Applitools all intellectual property rights in such Feedback and waives any and all moral rights that Licensee may have in respect thereto. It is further understood that use of Feedback, if any, may be made by Applitools at its sole discretion, and that Applitools in no way shall be obliged to make use of any kind of the Feedback or part thereof. \n1. Warranty. Applitools warrants that to its knowledge it has the right to grant the license under this Agreement. Applitools’ sole liability for any breach of this warranty or any other warranty under this Agreement shall be, at Applitools’ sole discretion: (i) to replace or repair the Software or the applicable portion thereof; or (ii) to terminate this Agreement.\n2. Warranty Exclusions. The warranties set forth in Section ‎4 are contingent upon Licensee’s proper use of the Software, and shall not apply to damage caused by abuse, misuse, alteration, neglect or unauthorized repair or installation, or by the use or attempted use of Software other than that supplied and supported by Applitools. Applitools will use reasonable commercial efforts to repair or replace the Software or the applicable portion thereof, pursuant to the foregoing warranty within thirty (30) days of being so notified.\n1. Warranty Disclaimers. AS BETWEEN LICENSEE AND APPLITOOLS, EXCEPT AS SET IN SECTION ‎4, THE SOFTWARE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND INCLUDING, WITHOUT LIMITATION, REPRESENTATIONS, WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR INTENDED OR PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, THAT THE SOFTWARE WILL MEET LICENSEE’S REQUIREMENTS OR EXPECTATIONS OR WILL ACHIEVE ANY SPECIFIC RESULTS AND THOSE ARISING BY STATUTE OR FROM A COURSE OF DEALING OR USAGE OF TRADE. Applicable law may not allow the exclusion of certain warranties, so to that extent such exclusions may not apply.\n1. High Risk Activities. You acknowledge that the Software is not fault tolerant and is not designed, manufactured, or intended for use or resale as on-line control equipment in hazardous or high risk environments and activities requiring fail-safe performance (such as in the operation of nuclear facilities, aircraft navigation or communication systems, air traffic control, direct life support machines and/or devices, or weapons systems) in which the failure of the Software could lead directly to death, personal injury, or severe physical or environmental damage, and You agree not to use or allow the use of the Software or any portion thereof for, or in connection with, any such environment or activity.\n1. Indemnify. You agree that Applitools shall have no liability whatsoever for any use made of the Software by You or any third party. You hereby agree to defend, indemnify and hold harmless Applitools and its affiliates and their respective officers, directors, agents and employees from any and all claims, damages, liabilities, costs, and expenses (including attorney’s fees) arising from claims related to Your use of the Software as well as from Your failure to comply with this Agreement.\n1. Limitation of Liability. UNDER NO CIRCUMSTANCES SHALL APPLITOOLS AND/OR ITS AFFILIATES BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, OR FOR ANY LOSS OF DATA, REVENUE, BUSINESS OR REPUTATION, THAT ARISES UNDER OR IN CONNECTION WITH THIS AGREEMENT, OR THAT RESULTS FROM THE USE OF, OR THE INABILITY TO USE, THE SOFTWARE. APPLITOOLS’S TOTAL AGGREGATE LIABILITY FOR ANY AND ALL DIRECT DAMAGES AND LOSSES THAT ARISE UNDER OR IN CONNECTION WITH THIS AGREEMENT SHALL NOT IN ANY CIRCUMSTANCE EXCEED THE AMOUNT OF 100.00 (ONE HUNDRED) UNITED STATES DOLLARS. THE FOREGOING LIMITATIONS AND EXCLUSIONS IN THIS SECTION ‎7 SHALL APPLY: (I) EVEN IF APPLITOOLS HAS BEEN ADVISED OF THE POSSIBILITY OF ANY DAMAGES OR LOSSES; (II) EVEN IF ANY REMEDY SET FORTH HEREIN FAILS OF ITS ESSENTIAL PURPOSE; AND (III) REGARDLESS OF THE BASIS OR THEORY OF LIABILITY.\n1. Export Laws. Licensee agrees to comply fully with all U.S., EU, Israeli, and all applicable export laws and regulations to ensure that neither the Software nor any technical data related thereto are exported or re-exported directly or indirectly in violation of, or used for any purposes prohibited by, such laws and regulations. For clarity, and without derogating from Section ‎11 below, in case of any change of any applicable law, policy or regulation, which might affect Applitools’ business, Applitools will have the right to terminate this Agreement and the license granted hereunder and the Licensee shall have no claims regarding such termination. \n1. Term and Termination. This Agreement shall continue until terminated as set forth in this section (the “Term”). You may terminate this Agreement at any time by removing the Software from Your system and destroying all copies of the Software and Documentation relating to the Software. Unauthorized copying of the Software or otherwise failing to comply with this Agreement will result in automatic immediate termination of this Agreement and will make available to Applitools legal remedies. Applitools reserves the right to terminate this Agreement and the License at any time and without notice. Upon termination of this Agreement, the License will terminate and You: (i) will cease any and all rights to use the Software, and (ii) will remove the Software from all hard drives, networks and other storage media and destroy all copies of the Software in your possession or under your control. The provisions of Sections ‎2.3, ‎2.4, ‎2.5, ‎6, ‎7, ‎8, ‎9, 10, ‎11 and ‎12 shall survive the termination, expiration or other ending of this Agreement.\n1. Miscellaneous. This Agreement represents the complete agreement concerning the Software between You and Applitools and supersedes all prior agreements and representations between You and Applitools. If any provision of this Agreement is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable. Any waiver of any provision of this Agreement will be effective only if in writing and signed by Applitools. This Agreement is personal to You and may not be assigned or transferred for any reason whatsoever without the consent of Applitools and any action or conduct in violation of the foregoing shall be void and without effect. Applitools expressly reserves the right to assign this Agreement and to delegate any of its obligations hereunder. This Agreement are governed by and construed under the laws of the State of Israel, excluding its conflicts of law rules. You expressly agree that the exclusive jurisdiction for any claim or action arising out of or relating to this Agreement shall be the courts located in Tel Aviv, Israel, and You further agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action. 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Other than the rights explicitly granted in this Agreement, Licensee shall have no other rights, express or implied, in the Software. Without limiting the generality of the foregoing, Licensee agrees and undertakes not to: (i) allow any third party to use the Software in any manner, including but not limited to, sell, lease, sublicense or distribute the Software, or any part thereof; (ii) modify, revise, or alter the Software or reverse engineer, decompile, disassemble or otherwise reduce to human-perceivable form the Software’s source code; (iii) copy or allow copies of the Software to be made; (iv) remove, alter or obscure any proprietary notice or identification, including copyright, trademark, patent or other notices, contained in or displayed on or via the Software; (v) use the Software to violate any applicable laws, rules or regulations, or for any unlawful, harmful, irresponsible, or inappropriate purpose, or in any manner that breaches this Agreement, and/or (vi) represent that it possesses any proprietary interest in the Software.\n   1. Third Party Software. Licensee acknowledges and agrees that any third party software (“Third Party Software”) that provided with the Software is provided under the terms of the license attached/linked thereto or, if no such license is attached, such Third Party Software is provided for free and on “AS IS” basis. Applitools is not liable for any losses or damages which may occur resulting from the use of any Third Party Software. Applitools does not possess any proprietary interest in such Third Party Software. \n   1. Open Source Licenses. The Software includes certain open source code software and materials (as shall be listed in the documentation of the Software) (“Open Source Software”) that are subject to their respective open source licenses (“Open Source Licenses”). Such Open Source Licenses contain a list of conditions with respect to warranty, copyright policy and other provisions. By executing this Agreement, Licensee undertakes to strictly comply with the terms and condition of the Open Source Licenses, as may be amended from time to time. In order to comply with the Open Source Licenses, Licensee shall read the respective licenses or notices, such list of Open Source Licenses may be amended from time to time by Applitools, at its sole discretion. In the event of any inconsistencies or conflicting provisions between the provisions of the Open Source Licenses and the provisions of this Agreement, the provisions of the Open Source Licenses shall prevail. Without derogating from the generality of the foregoing, it is clarified that any Open Source Software is provided on an “AS IS” basis, without indemnity or warranty of any kind, whether express or implied. For clarity, the representations and warranties set forth in Section ‎4 hereunder shall not apply to any Open Source Software.\n1. Title & Ownership. APPLITOOLS DOES NOT SELL OR TRANSFER TITLE IN THE SOFTWARE, OR ANY PART THEREOF, TO LICENSEE. The Documentation, Software (excluding any Open Source Software and Third Party Software therein which are owned by their respective licensors) and/or any copies thereof, including without limitation any derivative works made (regardless of whether such derivative works were made and/or developed pursuant to the request and/or specifications of Licensee, and irrespective of any support and/or assistance Applitools may, will or had received from Licensee, or any third party on its behalf, with respect thereto), as well as any updates or upgrades thereto, if provided to Applitools pursuant to this Agreement, shall remain Applitools’ sole and exclusive property. All Intellectual Property Rights evidenced by or embodied in and/or attached/connected/related to the Software, or part thereof, are and shall be owned solely and exclusively by Applitools. 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AS BETWEEN LICENSEE AND APPLITOOLS, EXCEPT AS SET IN SECTION ‎4, THE SOFTWARE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND INCLUDING, WITHOUT LIMITATION, REPRESENTATIONS, WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR INTENDED OR PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, THAT THE SOFTWARE WILL MEET LICENSEE’S REQUIREMENTS OR EXPECTATIONS OR WILL ACHIEVE ANY SPECIFIC RESULTS AND THOSE ARISING BY STATUTE OR FROM A COURSE OF DEALING OR USAGE OF TRADE. Applicable law may not allow the exclusion of certain warranties, so to that extent such exclusions may not apply.\n1. High Risk Activities. You acknowledge that the Software is not fault tolerant and is not designed, manufactured, or intended for use or resale as on-line control equipment in hazardous or high risk environments and activities requiring fail-safe performance (such as in the operation of nuclear facilities, aircraft navigation or communication systems, air traffic control, direct life support machines and/or devices, or weapons systems) in which the failure of the Software could lead directly to death, personal injury, or severe physical or environmental damage, and You agree not to use or allow the use of the Software or any portion thereof for, or in connection with, any such environment or activity.\n1. Indemnify. You agree that Applitools shall have no liability whatsoever for any use made of the Software by You or any third party. You hereby agree to defend, indemnify and hold harmless Applitools and its affiliates and their respective officers, directors, agents and employees from any and all claims, damages, liabilities, costs, and expenses (including attorney’s fees) arising from claims related to Your use of the Software as well as from Your failure to comply with this Agreement.\n1. Limitation of Liability. UNDER NO CIRCUMSTANCES SHALL APPLITOOLS AND/OR ITS AFFILIATES BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, OR FOR ANY LOSS OF DATA, REVENUE, BUSINESS OR REPUTATION, THAT ARISES UNDER OR IN CONNECTION WITH THIS AGREEMENT, OR THAT RESULTS FROM THE USE OF, OR THE INABILITY TO USE, THE SOFTWARE. APPLITOOLS’S TOTAL AGGREGATE LIABILITY FOR ANY AND ALL DIRECT DAMAGES AND LOSSES THAT ARISE UNDER OR IN CONNECTION WITH THIS AGREEMENT SHALL NOT IN ANY CIRCUMSTANCE EXCEED THE AMOUNT OF 100.00 (ONE HUNDRED) UNITED STATES DOLLARS. THE FOREGOING LIMITATIONS AND EXCLUSIONS IN THIS SECTION ‎7 SHALL APPLY: (I) EVEN IF APPLITOOLS HAS BEEN ADVISED OF THE POSSIBILITY OF ANY DAMAGES OR LOSSES; (II) EVEN IF ANY REMEDY SET FORTH HEREIN FAILS OF ITS ESSENTIAL PURPOSE; AND (III) REGARDLESS OF THE BASIS OR THEORY OF LIABILITY.\n1. Export Laws. Licensee agrees to comply fully with all U.S., EU, Israeli, and all applicable export laws and regulations to ensure that neither the Software nor any technical data related thereto are exported or re-exported directly or indirectly in violation of, or used for any purposes prohibited by, such laws and regulations. For clarity, and without derogating from Section ‎11 below, in case of any change of any applicable law, policy or regulation, which might affect Applitools’ business, Applitools will have the right to terminate this Agreement and the license granted hereunder and the Licensee shall have no claims regarding such termination. \n1. Term and Termination. This Agreement shall continue until terminated as set forth in this section (the “Term”). You may terminate this Agreement at any time by removing the Software from Your system and destroying all copies of the Software and Documentation relating to the Software. Unauthorized copying of the Software or otherwise failing to comply with this Agreement will result in automatic immediate termination of this Agreement and will make available to Applitools legal remedies. Applitools reserves the right to terminate this Agreement and the License at any time and without notice. Upon termination of this Agreement, the License will terminate and You: (i) will cease any and all rights to use the Software, and (ii) will remove the Software from all hard drives, networks and other storage media and destroy all copies of the Software in your possession or under your control. 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BY INSTALLING, ACCESSING AND/OR USING THE SOFTWARE (AS DEFINED BELOW), YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOU, OR THE COMPANY YOU REPRESENT, (“YOU” OR “LICENSEE”) ARE ENTERING INTO A LEGAL AGREEMENT WITH APPLITOOLS LTD. AND ITS AFFILIATES (“APPLITOOLS”), AND HAVE UNDERSTOOD AND AGREE TO COMPLY WITH, AND BE LEGALLY BOUND BY, THE TERMS AND CONDITIONS OF THIS AGREEMENT. YOU HEREBY WAIVE ANY RIGHTS OR REQUIREMENTS UNDER ANY LAWS OR REGULATIONS IN ANY JURISDICTION WHICH REQUIRE AN ORIGINAL (NON-ELECTRONIC) SIGNATURE OR DELIVERY OR RETENTION OF NON-ELECTRONIC RECORDS, TO THE EXTENT PERMITTED UNDER APPLICABLE LAW. \nTHE SOFTWARE MAY BE USED SOLELY FOR YOUR PERSONAL, NON-COMMERCIAL PURPOSES. FOR COMMERCIAL PURPOSES PLEASE CONTACT THE REGIONAL APPLITOOLS BUSINESS REPRESENTATIVE. \n1. Definitions. For purposes of this Agreement, the following capitalized terms shall have the following meaning:\n   1. “Documentation” means the user’s guides and technical manuals delivered by Applitools to Licensee.\n   2.  “Feedback” means suggestions, comments or feedback (whether orally or in writing) with respect to the Software.\n   3. “Intellectual Property Rights” means all intangible legal rights, titles and interests evidenced by or embodied in all: (i) inventions (regardless of patentability and whether or not reduced to practice), improvements thereto, patents, patent applications, patent disclosures, together with all reissuances, continuations, continuations in part, revisions, extensions and reexaminations thereof; (ii) trademarks, service marks, trade dress, logos, trade names, corporate names, together with translations, adaptations, derivations and combinations thereof, including goodwill associated therewith, and applications, registrations, and renewals in connection therewith; (iii) any work of authorship, regardless of copyrightable, copyrightable works, copyrights (including moral rights), and applications, registrations and renewals in connection therewith; (iv) mask works and applications, registrations and renewals in connection therewith; (v) trade secrets and Confidential Information; and (vi) other proprietary rights and any other similar rights, in each case on a worldwide basis, and copies and tangible embodiments thereof, in whatever form or medium.\n   4. “License” means the right to use the Software pursuant to Section ‎2.1 to this Agreement.\n   5.  “Software” means Applitools’ software development kit software in object or source code version, Documentation and any updates and upgrade thereto (to the extent delivered).\n1. License\n   1. Grant of License. Subject to the terms and conditions of this Agreement, Applitools grants You, during the Term, a personal, non-exclusive, non-sublicensable, non-transferable, revocable license to: (i) use the Software solely for Your own personal (non-commercial) use and (ii) use and display Applitools’ Marks solely for the purpose of publicizing or advertising that You are using the Software. \n   2. Documentation. Applitools may make available Documentation to Licensee for Licensee to use solely in connection with Licensee’s use of the Software during the term of this Agreement. Licensee may print or copy the Documentation as needed for its own purposes provided that all copyright notices are included therein. The Documentation shall be considered the Confidential Information of Applitools. \n   1. Reservation of Rights; Use Restrictions. Other than the rights explicitly granted in this Agreement, Licensee shall have no other rights, express or implied, in the Software. Without limiting the generality of the foregoing, Licensee agrees and undertakes not to: (i) allow any third party to use the Software in any manner, including but not limited to, sell, lease, sublicense or distribute the Software, or any part thereof; (ii) modify, revise, or alter the Software or reverse engineer, decompile, disassemble or otherwise reduce to human-perceivable form the Software’s source code; (iii) copy or allow copies of the Software to be made; (iv) remove, alter or obscure any proprietary notice or identification, including copyright, trademark, patent or other notices, contained in or displayed on or via the Software; (v) use the Software to violate any applicable laws, rules or regulations, or for any unlawful, harmful, irresponsible, or inappropriate purpose, or in any manner that breaches this Agreement, and/or (vi) represent that it possesses any proprietary interest in the Software.\n   1. Third Party Software. Licensee acknowledges and agrees that any third party software (“Third Party Software”) that provided with the Software is provided under the terms of the license attached/linked thereto or, if no such license is attached, such Third Party Software is provided for free and on “AS IS” basis. Applitools is not liable for any losses or damages which may occur resulting from the use of any Third Party Software. Applitools does not possess any proprietary interest in such Third Party Software. \n   1. Open Source Licenses. The Software includes certain open source code software and materials (as shall be listed in the documentation of the Software) (“Open Source Software”) that are subject to their respective open source licenses (“Open Source Licenses”). Such Open Source Licenses contain a list of conditions with respect to warranty, copyright policy and other provisions. By executing this Agreement, Licensee undertakes to strictly comply with the terms and condition of the Open Source Licenses, as may be amended from time to time. In order to comply with the Open Source Licenses, Licensee shall read the respective licenses or notices, such list of Open Source Licenses may be amended from time to time by Applitools, at its sole discretion. In the event of any inconsistencies or conflicting provisions between the provisions of the Open Source Licenses and the provisions of this Agreement, the provisions of the Open Source Licenses shall prevail. Without derogating from the generality of the foregoing, it is clarified that any Open Source Software is provided on an “AS IS” basis, without indemnity or warranty of any kind, whether express or implied. For clarity, the representations and warranties set forth in Section ‎4 hereunder shall not apply to any Open Source Software.\n1. Title & Ownership. APPLITOOLS DOES NOT SELL OR TRANSFER TITLE IN THE SOFTWARE, OR ANY PART THEREOF, TO LICENSEE. The Documentation, Software (excluding any Open Source Software and Third Party Software therein which are owned by their respective licensors) and/or any copies thereof, including without limitation any derivative works made (regardless of whether such derivative works were made and/or developed pursuant to the request and/or specifications of Licensee, and irrespective of any support and/or assistance Applitools may, will or had received from Licensee, or any third party on its behalf, with respect thereto), as well as any updates or upgrades thereto, if provided to Applitools pursuant to this Agreement, shall remain Applitools’ sole and exclusive property. All Intellectual Property Rights evidenced by or embodied in and/or attached/connected/related to the Software, or part thereof, are and shall be owned solely and exclusively by Applitools. Nothing in this Agreement shall constitute a waiver of Applitools’ Intellectual Property Rights under any law, or be in any way construed or interpreted as such. It is further agreed that to the extent Licensee provides Applitools with Feedback, Licensee acknowledges that any and all rights, including Intellectual Property Rights in such Feedback shall belong exclusively to Applitools and Licensee hereby irrevocably and unconditionally transfers and assigns to Applitools all intellectual property rights in such Feedback and waives any and all moral rights that Licensee may have in respect thereto. It is further understood that use of Feedback, if any, may be made by Applitools at its sole discretion, and that Applitools in no way shall be obliged to make use of any kind of the Feedback or part thereof. \n1. Warranty. Applitools warrants that to its knowledge it has the right to grant the license under this Agreement. Applitools’ sole liability for any breach of this warranty or any other warranty under this Agreement shall be, at Applitools’ sole discretion: (i) to replace or repair the Software or the applicable portion thereof; or (ii) to terminate this Agreement.\n2. Warranty Exclusions. The warranties set forth in Section ‎4 are contingent upon Licensee’s proper use of the Software, and shall not apply to damage caused by abuse, misuse, alteration, neglect or unauthorized repair or installation, or by the use or attempted use of Software other than that supplied and supported by Applitools. Applitools will use reasonable commercial efforts to repair or replace the Software or the applicable portion thereof, pursuant to the foregoing warranty within thirty (30) days of being so notified.\n1. Warranty Disclaimers. AS BETWEEN LICENSEE AND APPLITOOLS, EXCEPT AS SET IN SECTION ‎4, THE SOFTWARE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND INCLUDING, WITHOUT LIMITATION, REPRESENTATIONS, WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR INTENDED OR PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, THAT THE SOFTWARE WILL MEET LICENSEE’S REQUIREMENTS OR EXPECTATIONS OR WILL ACHIEVE ANY SPECIFIC RESULTS AND THOSE ARISING BY STATUTE OR FROM A COURSE OF DEALING OR USAGE OF TRADE. Applicable law may not allow the exclusion of certain warranties, so to that extent such exclusions may not apply.\n1. High Risk Activities. You acknowledge that the Software is not fault tolerant and is not designed, manufactured, or intended for use or resale as on-line control equipment in hazardous or high risk environments and activities requiring fail-safe performance (such as in the operation of nuclear facilities, aircraft navigation or communication systems, air traffic control, direct life support machines and/or devices, or weapons systems) in which the failure of the Software could lead directly to death, personal injury, or severe physical or environmental damage, and You agree not to use or allow the use of the Software or any portion thereof for, or in connection with, any such environment or activity.\n1. Indemnify. You agree that Applitools shall have no liability whatsoever for any use made of the Software by You or any third party. You hereby agree to defend, indemnify and hold harmless Applitools and its affiliates and their respective officers, directors, agents and employees from any and all claims, damages, liabilities, costs, and expenses (including attorney’s fees) arising from claims related to Your use of the Software as well as from Your failure to comply with this Agreement.\n1. Limitation of Liability. UNDER NO CIRCUMSTANCES SHALL APPLITOOLS AND/OR ITS AFFILIATES BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, OR FOR ANY LOSS OF DATA, REVENUE, BUSINESS OR REPUTATION, THAT ARISES UNDER OR IN CONNECTION WITH THIS AGREEMENT, OR THAT RESULTS FROM THE USE OF, OR THE INABILITY TO USE, THE SOFTWARE. APPLITOOLS’S TOTAL AGGREGATE LIABILITY FOR ANY AND ALL DIRECT DAMAGES AND LOSSES THAT ARISE UNDER OR IN CONNECTION WITH THIS AGREEMENT SHALL NOT IN ANY CIRCUMSTANCE EXCEED THE AMOUNT OF 100.00 (ONE HUNDRED) UNITED STATES DOLLARS. THE FOREGOING LIMITATIONS AND EXCLUSIONS IN THIS SECTION ‎7 SHALL APPLY: (I) EVEN IF APPLITOOLS HAS BEEN ADVISED OF THE POSSIBILITY OF ANY DAMAGES OR LOSSES; (II) EVEN IF ANY REMEDY SET FORTH HEREIN FAILS OF ITS ESSENTIAL PURPOSE; AND (III) REGARDLESS OF THE BASIS OR THEORY OF LIABILITY.\n1. Export Laws. Licensee agrees to comply fully with all U.S., EU, Israeli, and all applicable export laws and regulations to ensure that neither the Software nor any technical data related thereto are exported or re-exported directly or indirectly in violation of, or used for any purposes prohibited by, such laws and regulations. For clarity, and without derogating from Section ‎11 below, in case of any change of any applicable law, policy or regulation, which might affect Applitools’ business, Applitools will have the right to terminate this Agreement and the license granted hereunder and the Licensee shall have no claims regarding such termination. \n1. Term and Termination. This Agreement shall continue until terminated as set forth in this section (the “Term”). You may terminate this Agreement at any time by removing the Software from Your system and destroying all copies of the Software and Documentation relating to the Software. Unauthorized copying of the Software or otherwise failing to comply with this Agreement will result in automatic immediate termination of this Agreement and will make available to Applitools legal remedies. Applitools reserves the right to terminate this Agreement and the License at any time and without notice. Upon termination of this Agreement, the License will terminate and You: (i) will cease any and all rights to use the Software, and (ii) will remove the Software from all hard drives, networks and other storage media and destroy all copies of the Software in your possession or under your control. The provisions of Sections ‎2.3, ‎2.4, ‎2.5, ‎6, ‎7, ‎8, ‎9, 10, ‎11 and ‎12 shall survive the termination, expiration or other ending of this Agreement.\n1. Miscellaneous. This Agreement represents the complete agreement concerning the Software between You and Applitools and supersedes all prior agreements and representations between You and Applitools. If any provision of this Agreement is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable. Any waiver of any provision of this Agreement will be effective only if in writing and signed by Applitools. This Agreement is personal to You and may not be assigned or transferred for any reason whatsoever without the consent of Applitools and any action or conduct in violation of the foregoing shall be void and without effect. Applitools expressly reserves the right to assign this Agreement and to delegate any of its obligations hereunder. This Agreement are governed by and construed under the laws of the State of Israel, excluding its conflicts of law rules. You expressly agree that the exclusive jurisdiction for any claim or action arising out of or relating to this Agreement shall be the courts located in Tel Aviv, Israel, and You further agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action. 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BY INSTALLING, ACCESSING AND/OR USING THE SOFTWARE (AS DEFINED BELOW), YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOU, OR THE COMPANY YOU REPRESENT, (“YOU” OR “LICENSEE”) ARE ENTERING INTO A LEGAL AGREEMENT WITH APPLITOOLS LTD. AND ITS AFFILIATES (“APPLITOOLS”), AND HAVE UNDERSTOOD AND AGREE TO COMPLY WITH, AND BE LEGALLY BOUND BY, THE TERMS AND CONDITIONS OF THIS AGREEMENT. YOU HEREBY WAIVE ANY RIGHTS OR REQUIREMENTS UNDER ANY LAWS OR REGULATIONS IN ANY JURISDICTION WHICH REQUIRE AN ORIGINAL (NON-ELECTRONIC) SIGNATURE OR DELIVERY OR RETENTION OF NON-ELECTRONIC RECORDS, TO THE EXTENT PERMITTED UNDER APPLICABLE LAW. \nTHE SOFTWARE MAY BE USED SOLELY FOR YOUR PERSONAL, NON-COMMERCIAL PURPOSES. FOR COMMERCIAL PURPOSES PLEASE CONTACT THE REGIONAL APPLITOOLS BUSINESS REPRESENTATIVE. \n1. Definitions. For purposes of this Agreement, the following capitalized terms shall have the following meaning:\n   1. “Documentation” means the user’s guides and technical manuals delivered by Applitools to Licensee.\n   2.  “Feedback” means suggestions, comments or feedback (whether orally or in writing) with respect to the Software.\n   3. “Intellectual Property Rights” means all intangible legal rights, titles and interests evidenced by or embodied in all: (i) inventions (regardless of patentability and whether or not reduced to practice), improvements thereto, patents, patent applications, patent disclosures, together with all reissuances, continuations, continuations in part, revisions, extensions and reexaminations thereof; (ii) trademarks, service marks, trade dress, logos, trade names, corporate names, together with translations, adaptations, derivations and combinations thereof, including goodwill associated therewith, and applications, registrations, and renewals in connection therewith; (iii) any work of authorship, regardless of copyrightable, copyrightable works, copyrights (including moral rights), and applications, registrations and renewals in connection therewith; (iv) mask works and applications, registrations and renewals in connection therewith; (v) trade secrets and Confidential Information; and (vi) other proprietary rights and any other similar rights, in each case on a worldwide basis, and copies and tangible embodiments thereof, in whatever form or medium.\n   4. “License” means the right to use the Software pursuant to Section ‎2.1 to this Agreement.\n   5.  “Software” means Applitools’ software development kit software in object or source code version, Documentation and any updates and upgrade thereto (to the extent delivered).\n1. License\n   1. Grant of License. Subject to the terms and conditions of this Agreement, Applitools grants You, during the Term, a personal, non-exclusive, non-sublicensable, non-transferable, revocable license to: (i) use the Software solely for Your own personal (non-commercial) use and (ii) use and display Applitools’ Marks solely for the purpose of publicizing or advertising that You are using the Software. \n   2. Documentation. Applitools may make available Documentation to Licensee for Licensee to use solely in connection with Licensee’s use of the Software during the term of this Agreement. Licensee may print or copy the Documentation as needed for its own purposes provided that all copyright notices are included therein. The Documentation shall be considered the Confidential Information of Applitools. \n   1. Reservation of Rights; Use Restrictions. Other than the rights explicitly granted in this Agreement, Licensee shall have no other rights, express or implied, in the Software. Without limiting the generality of the foregoing, Licensee agrees and undertakes not to: (i) allow any third party to use the Software in any manner, including but not limited to, sell, lease, sublicense or distribute the Software, or any part thereof; (ii) modify, revise, or alter the Software or reverse engineer, decompile, disassemble or otherwise reduce to human-perceivable form the Software’s source code; (iii) copy or allow copies of the Software to be made; (iv) remove, alter or obscure any proprietary notice or identification, including copyright, trademark, patent or other notices, contained in or displayed on or via the Software; (v) use the Software to violate any applicable laws, rules or regulations, or for any unlawful, harmful, irresponsible, or inappropriate purpose, or in any manner that breaches this Agreement, and/or (vi) represent that it possesses any proprietary interest in the Software.\n   1. Third Party Software. Licensee acknowledges and agrees that any third party software (“Third Party Software”) that provided with the Software is provided under the terms of the license attached/linked thereto or, if no such license is attached, such Third Party Software is provided for free and on “AS IS” basis. Applitools is not liable for any losses or damages which may occur resulting from the use of any Third Party Software. Applitools does not possess any proprietary interest in such Third Party Software. \n   1. Open Source Licenses. The Software includes certain open source code software and materials (as shall be listed in the documentation of the Software) (“Open Source Software”) that are subject to their respective open source licenses (“Open Source Licenses”). Such Open Source Licenses contain a list of conditions with respect to warranty, copyright policy and other provisions. By executing this Agreement, Licensee undertakes to strictly comply with the terms and condition of the Open Source Licenses, as may be amended from time to time. In order to comply with the Open Source Licenses, Licensee shall read the respective licenses or notices, such list of Open Source Licenses may be amended from time to time by Applitools, at its sole discretion. In the event of any inconsistencies or conflicting provisions between the provisions of the Open Source Licenses and the provisions of this Agreement, the provisions of the Open Source Licenses shall prevail. Without derogating from the generality of the foregoing, it is clarified that any Open Source Software is provided on an “AS IS” basis, without indemnity or warranty of any kind, whether express or implied. For clarity, the representations and warranties set forth in Section ‎4 hereunder shall not apply to any Open Source Software.\n1. Title & Ownership. APPLITOOLS DOES NOT SELL OR TRANSFER TITLE IN THE SOFTWARE, OR ANY PART THEREOF, TO LICENSEE. The Documentation, Software (excluding any Open Source Software and Third Party Software therein which are owned by their respective licensors) and/or any copies thereof, including without limitation any derivative works made (regardless of whether such derivative works were made and/or developed pursuant to the request and/or specifications of Licensee, and irrespective of any support and/or assistance Applitools may, will or had received from Licensee, or any third party on its behalf, with respect thereto), as well as any updates or upgrades thereto, if provided to Applitools pursuant to this Agreement, shall remain Applitools’ sole and exclusive property. All Intellectual Property Rights evidenced by or embodied in and/or attached/connected/related to the Software, or part thereof, are and shall be owned solely and exclusively by Applitools. Nothing in this Agreement shall constitute a waiver of Applitools’ Intellectual Property Rights under any law, or be in any way construed or interpreted as such. It is further agreed that to the extent Licensee provides Applitools with Feedback, Licensee acknowledges that any and all rights, including Intellectual Property Rights in such Feedback shall belong exclusively to Applitools and Licensee hereby irrevocably and unconditionally transfers and assigns to Applitools all intellectual property rights in such Feedback and waives any and all moral rights that Licensee may have in respect thereto. It is further understood that use of Feedback, if any, may be made by Applitools at its sole discretion, and that Applitools in no way shall be obliged to make use of any kind of the Feedback or part thereof. \n1. Warranty. Applitools warrants that to its knowledge it has the right to grant the license under this Agreement. Applitools’ sole liability for any breach of this warranty or any other warranty under this Agreement shall be, at Applitools’ sole discretion: (i) to replace or repair the Software or the applicable portion thereof; or (ii) to terminate this Agreement.\n2. Warranty Exclusions. The warranties set forth in Section ‎4 are contingent upon Licensee’s proper use of the Software, and shall not apply to damage caused by abuse, misuse, alteration, neglect or unauthorized repair or installation, or by the use or attempted use of Software other than that supplied and supported by Applitools. Applitools will use reasonable commercial efforts to repair or replace the Software or the applicable portion thereof, pursuant to the foregoing warranty within thirty (30) days of being so notified.\n1. Warranty Disclaimers. AS BETWEEN LICENSEE AND APPLITOOLS, EXCEPT AS SET IN SECTION ‎4, THE SOFTWARE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND INCLUDING, WITHOUT LIMITATION, REPRESENTATIONS, WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR INTENDED OR PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, THAT THE SOFTWARE WILL MEET LICENSEE’S REQUIREMENTS OR EXPECTATIONS OR WILL ACHIEVE ANY SPECIFIC RESULTS AND THOSE ARISING BY STATUTE OR FROM A COURSE OF DEALING OR USAGE OF TRADE. Applicable law may not allow the exclusion of certain warranties, so to that extent such exclusions may not apply.\n1. High Risk Activities. You acknowledge that the Software is not fault tolerant and is not designed, manufactured, or intended for use or resale as on-line control equipment in hazardous or high risk environments and activities requiring fail-safe performance (such as in the operation of nuclear facilities, aircraft navigation or communication systems, air traffic control, direct life support machines and/or devices, or weapons systems) in which the failure of the Software could lead directly to death, personal injury, or severe physical or environmental damage, and You agree not to use or allow the use of the Software or any portion thereof for, or in connection with, any such environment or activity.\n1. Indemnify. You agree that Applitools shall have no liability whatsoever for any use made of the Software by You or any third party. You hereby agree to defend, indemnify and hold harmless Applitools and its affiliates and their respective officers, directors, agents and employees from any and all claims, damages, liabilities, costs, and expenses (including attorney’s fees) arising from claims related to Your use of the Software as well as from Your failure to comply with this Agreement.\n1. Limitation of Liability. UNDER NO CIRCUMSTANCES SHALL APPLITOOLS AND/OR ITS AFFILIATES BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, OR FOR ANY LOSS OF DATA, REVENUE, BUSINESS OR REPUTATION, THAT ARISES UNDER OR IN CONNECTION WITH THIS AGREEMENT, OR THAT RESULTS FROM THE USE OF, OR THE INABILITY TO USE, THE SOFTWARE. APPLITOOLS’S TOTAL AGGREGATE LIABILITY FOR ANY AND ALL DIRECT DAMAGES AND LOSSES THAT ARISE UNDER OR IN CONNECTION WITH THIS AGREEMENT SHALL NOT IN ANY CIRCUMSTANCE EXCEED THE AMOUNT OF 100.00 (ONE HUNDRED) UNITED STATES DOLLARS. THE FOREGOING LIMITATIONS AND EXCLUSIONS IN THIS SECTION ‎7 SHALL APPLY: (I) EVEN IF APPLITOOLS HAS BEEN ADVISED OF THE POSSIBILITY OF ANY DAMAGES OR LOSSES; (II) EVEN IF ANY REMEDY SET FORTH HEREIN FAILS OF ITS ESSENTIAL PURPOSE; AND (III) REGARDLESS OF THE BASIS OR THEORY OF LIABILITY.\n1. Export Laws. Licensee agrees to comply fully with all U.S., EU, Israeli, and all applicable export laws and regulations to ensure that neither the Software nor any technical data related thereto are exported or re-exported directly or indirectly in violation of, or used for any purposes prohibited by, such laws and regulations. For clarity, and without derogating from Section ‎11 below, in case of any change of any applicable law, policy or regulation, which might affect Applitools’ business, Applitools will have the right to terminate this Agreement and the license granted hereunder and the Licensee shall have no claims regarding such termination. \n1. Term and Termination. This Agreement shall continue until terminated as set forth in this section (the “Term”). You may terminate this Agreement at any time by removing the Software from Your system and destroying all copies of the Software and Documentation relating to the Software. Unauthorized copying of the Software or otherwise failing to comply with this Agreement will result in automatic immediate termination of this Agreement and will make available to Applitools legal remedies. Applitools reserves the right to terminate this Agreement and the License at any time and without notice. Upon termination of this Agreement, the License will terminate and You: (i) will cease any and all rights to use the Software, and (ii) will remove the Software from all hard drives, networks and other storage media and destroy all copies of the Software in your possession or under your control. The provisions of Sections ‎2.3, ‎2.4, ‎2.5, ‎6, ‎7, ‎8, ‎9, 10, ‎11 and ‎12 shall survive the termination, expiration or other ending of this Agreement.\n1. Miscellaneous. This Agreement represents the complete agreement concerning the Software between You and Applitools and supersedes all prior agreements and representations between You and Applitools. If any provision of this Agreement is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable. Any waiver of any provision of this Agreement will be effective only if in writing and signed by Applitools. This Agreement is personal to You and may not be assigned or transferred for any reason whatsoever without the consent of Applitools and any action or conduct in violation of the foregoing shall be void and without effect. Applitools expressly reserves the right to assign this Agreement and to delegate any of its obligations hereunder. This Agreement are governed by and construed under the laws of the State of Israel, excluding its conflicts of law rules. You expressly agree that the exclusive jurisdiction for any claim or action arising out of or relating to this Agreement shall be the courts located in Tel Aviv, Israel, and You further agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action. 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BY INSTALLING, ACCESSING AND/OR USING THE SOFTWARE (AS DEFINED BELOW), YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOU, OR THE COMPANY YOU REPRESENT, (“YOU” OR “LICENSEE”) ARE ENTERING INTO A LEGAL AGREEMENT WITH APPLITOOLS LTD. AND ITS AFFILIATES (“APPLITOOLS”), AND HAVE UNDERSTOOD AND AGREE TO COMPLY WITH, AND BE LEGALLY BOUND BY, THE TERMS AND CONDITIONS OF THIS AGREEMENT. YOU HEREBY WAIVE ANY RIGHTS OR REQUIREMENTS UNDER ANY LAWS OR REGULATIONS IN ANY JURISDICTION WHICH REQUIRE AN ORIGINAL (NON-ELECTRONIC) SIGNATURE OR DELIVERY OR RETENTION OF NON-ELECTRONIC RECORDS, TO THE EXTENT PERMITTED UNDER APPLICABLE LAW. \nTHE SOFTWARE MAY BE USED SOLELY FOR YOUR PERSONAL, NON-COMMERCIAL PURPOSES. FOR COMMERCIAL PURPOSES PLEASE CONTACT THE REGIONAL APPLITOOLS BUSINESS REPRESENTATIVE. \n1. Definitions. For purposes of this Agreement, the following capitalized terms shall have the following meaning:\n   1. “Documentation” means the user’s guides and technical manuals delivered by Applitools to Licensee.\n   2.  “Feedback” means suggestions, comments or feedback (whether orally or in writing) with respect to the Software.\n   3. “Intellectual Property Rights” means all intangible legal rights, titles and interests evidenced by or embodied in all: (i) inventions (regardless of patentability and whether or not reduced to practice), improvements thereto, patents, patent applications, patent disclosures, together with all reissuances, continuations, continuations in part, revisions, extensions and reexaminations thereof; (ii) trademarks, service marks, trade dress, logos, trade names, corporate names, together with translations, adaptations, derivations and combinations thereof, including goodwill associated therewith, and applications, registrations, and renewals in connection therewith; (iii) any work of authorship, regardless of copyrightable, copyrightable works, copyrights (including moral rights), and applications, registrations and renewals in connection therewith; (iv) mask works and applications, registrations and renewals in connection therewith; (v) trade secrets and Confidential Information; and (vi) other proprietary rights and any other similar rights, in each case on a worldwide basis, and copies and tangible embodiments thereof, in whatever form or medium.\n   4. “License” means the right to use the Software pursuant to Section ‎2.1 to this Agreement.\n   5.  “Software” means Applitools’ software development kit software in object or source code version, Documentation and any updates and upgrade thereto (to the extent delivered).\n1. License\n   1. Grant of License. Subject to the terms and conditions of this Agreement, Applitools grants You, during the Term, a personal, non-exclusive, non-sublicensable, non-transferable, revocable license to: (i) use the Software solely for Your own personal (non-commercial) use and (ii) use and display Applitools’ Marks solely for the purpose of publicizing or advertising that You are using the Software. \n   2. Documentation. Applitools may make available Documentation to Licensee for Licensee to use solely in connection with Licensee’s use of the Software during the term of this Agreement. Licensee may print or copy the Documentation as needed for its own purposes provided that all copyright notices are included therein. The Documentation shall be considered the Confidential Information of Applitools. \n   1. Reservation of Rights; Use Restrictions. Other than the rights explicitly granted in this Agreement, Licensee shall have no other rights, express or implied, in the Software. Without limiting the generality of the foregoing, Licensee agrees and undertakes not to: (i) allow any third party to use the Software in any manner, including but not limited to, sell, lease, sublicense or distribute the Software, or any part thereof; (ii) modify, revise, or alter the Software or reverse engineer, decompile, disassemble or otherwise reduce to human-perceivable form the Software’s source code; (iii) copy or allow copies of the Software to be made; (iv) remove, alter or obscure any proprietary notice or identification, including copyright, trademark, patent or other notices, contained in or displayed on or via the Software; (v) use the Software to violate any applicable laws, rules or regulations, or for any unlawful, harmful, irresponsible, or inappropriate purpose, or in any manner that breaches this Agreement, and/or (vi) represent that it possesses any proprietary interest in the Software.\n   1. Third Party Software. Licensee acknowledges and agrees that any third party software (“Third Party Software”) that provided with the Software is provided under the terms of the license attached/linked thereto or, if no such license is attached, such Third Party Software is provided for free and on “AS IS” basis. Applitools is not liable for any losses or damages which may occur resulting from the use of any Third Party Software. Applitools does not possess any proprietary interest in such Third Party Software. \n   1. Open Source Licenses. The Software includes certain open source code software and materials (as shall be listed in the documentation of the Software) (“Open Source Software”) that are subject to their respective open source licenses (“Open Source Licenses”). Such Open Source Licenses contain a list of conditions with respect to warranty, copyright policy and other provisions. By executing this Agreement, Licensee undertakes to strictly comply with the terms and condition of the Open Source Licenses, as may be amended from time to time. In order to comply with the Open Source Licenses, Licensee shall read the respective licenses or notices, such list of Open Source Licenses may be amended from time to time by Applitools, at its sole discretion. In the event of any inconsistencies or conflicting provisions between the provisions of the Open Source Licenses and the provisions of this Agreement, the provisions of the Open Source Licenses shall prevail. Without derogating from the generality of the foregoing, it is clarified that any Open Source Software is provided on an “AS IS” basis, without indemnity or warranty of any kind, whether express or implied. For clarity, the representations and warranties set forth in Section ‎4 hereunder shall not apply to any Open Source Software.\n1. Title & Ownership. APPLITOOLS DOES NOT SELL OR TRANSFER TITLE IN THE SOFTWARE, OR ANY PART THEREOF, TO LICENSEE. The Documentation, Software (excluding any Open Source Software and Third Party Software therein which are owned by their respective licensors) and/or any copies thereof, including without limitation any derivative works made (regardless of whether such derivative works were made and/or developed pursuant to the request and/or specifications of Licensee, and irrespective of any support and/or assistance Applitools may, will or had received from Licensee, or any third party on its behalf, with respect thereto), as well as any updates or upgrades thereto, if provided to Applitools pursuant to this Agreement, shall remain Applitools’ sole and exclusive property. All Intellectual Property Rights evidenced by or embodied in and/or attached/connected/related to the Software, or part thereof, are and shall be owned solely and exclusively by Applitools. Nothing in this Agreement shall constitute a waiver of Applitools’ Intellectual Property Rights under any law, or be in any way construed or interpreted as such. It is further agreed that to the extent Licensee provides Applitools with Feedback, Licensee acknowledges that any and all rights, including Intellectual Property Rights in such Feedback shall belong exclusively to Applitools and Licensee hereby irrevocably and unconditionally transfers and assigns to Applitools all intellectual property rights in such Feedback and waives any and all moral rights that Licensee may have in respect thereto. It is further understood that use of Feedback, if any, may be made by Applitools at its sole discretion, and that Applitools in no way shall be obliged to make use of any kind of the Feedback or part thereof. \n1. Warranty. Applitools warrants that to its knowledge it has the right to grant the license under this Agreement. Applitools’ sole liability for any breach of this warranty or any other warranty under this Agreement shall be, at Applitools’ sole discretion: (i) to replace or repair the Software or the applicable portion thereof; or (ii) to terminate this Agreement.\n2. Warranty Exclusions. The warranties set forth in Section ‎4 are contingent upon Licensee’s proper use of the Software, and shall not apply to damage caused by abuse, misuse, alteration, neglect or unauthorized repair or installation, or by the use or attempted use of Software other than that supplied and supported by Applitools. Applitools will use reasonable commercial efforts to repair or replace the Software or the applicable portion thereof, pursuant to the foregoing warranty within thirty (30) days of being so notified.\n1. Warranty Disclaimers. AS BETWEEN LICENSEE AND APPLITOOLS, EXCEPT AS SET IN SECTION ‎4, THE SOFTWARE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND INCLUDING, WITHOUT LIMITATION, REPRESENTATIONS, WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR INTENDED OR PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, THAT THE SOFTWARE WILL MEET LICENSEE’S REQUIREMENTS OR EXPECTATIONS OR WILL ACHIEVE ANY SPECIFIC RESULTS AND THOSE ARISING BY STATUTE OR FROM A COURSE OF DEALING OR USAGE OF TRADE. Applicable law may not allow the exclusion of certain warranties, so to that extent such exclusions may not apply.\n1. High Risk Activities. You acknowledge that the Software is not fault tolerant and is not designed, manufactured, or intended for use or resale as on-line control equipment in hazardous or high risk environments and activities requiring fail-safe performance (such as in the operation of nuclear facilities, aircraft navigation or communication systems, air traffic control, direct life support machines and/or devices, or weapons systems) in which the failure of the Software could lead directly to death, personal injury, or severe physical or environmental damage, and You agree not to use or allow the use of the Software or any portion thereof for, or in connection with, any such environment or activity.\n1. Indemnify. You agree that Applitools shall have no liability whatsoever for any use made of the Software by You or any third party. You hereby agree to defend, indemnify and hold harmless Applitools and its affiliates and their respective officers, directors, agents and employees from any and all claims, damages, liabilities, costs, and expenses (including attorney’s fees) arising from claims related to Your use of the Software as well as from Your failure to comply with this Agreement.\n1. Limitation of Liability. UNDER NO CIRCUMSTANCES SHALL APPLITOOLS AND/OR ITS AFFILIATES BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, OR FOR ANY LOSS OF DATA, REVENUE, BUSINESS OR REPUTATION, THAT ARISES UNDER OR IN CONNECTION WITH THIS AGREEMENT, OR THAT RESULTS FROM THE USE OF, OR THE INABILITY TO USE, THE SOFTWARE. APPLITOOLS’S TOTAL AGGREGATE LIABILITY FOR ANY AND ALL DIRECT DAMAGES AND LOSSES THAT ARISE UNDER OR IN CONNECTION WITH THIS AGREEMENT SHALL NOT IN ANY CIRCUMSTANCE EXCEED THE AMOUNT OF 100.00 (ONE HUNDRED) UNITED STATES DOLLARS. THE FOREGOING LIMITATIONS AND EXCLUSIONS IN THIS SECTION ‎7 SHALL APPLY: (I) EVEN IF APPLITOOLS HAS BEEN ADVISED OF THE POSSIBILITY OF ANY DAMAGES OR LOSSES; (II) EVEN IF ANY REMEDY SET FORTH HEREIN FAILS OF ITS ESSENTIAL PURPOSE; AND (III) REGARDLESS OF THE BASIS OR THEORY OF LIABILITY.\n1. Export Laws. Licensee agrees to comply fully with all U.S., EU, Israeli, and all applicable export laws and regulations to ensure that neither the Software nor any technical data related thereto are exported or re-exported directly or indirectly in violation of, or used for any purposes prohibited by, such laws and regulations. For clarity, and without derogating from Section ‎11 below, in case of any change of any applicable law, policy or regulation, which might affect Applitools’ business, Applitools will have the right to terminate this Agreement and the license granted hereunder and the Licensee shall have no claims regarding such termination. \n1. Term and Termination. This Agreement shall continue until terminated as set forth in this section (the “Term”). You may terminate this Agreement at any time by removing the Software from Your system and destroying all copies of the Software and Documentation relating to the Software. Unauthorized copying of the Software or otherwise failing to comply with this Agreement will result in automatic immediate termination of this Agreement and will make available to Applitools legal remedies. Applitools reserves the right to terminate this Agreement and the License at any time and without notice. Upon termination of this Agreement, the License will terminate and You: (i) will cease any and all rights to use the Software, and (ii) will remove the Software from all hard drives, networks and other storage media and destroy all copies of the Software in your possession or under your control. The provisions of Sections ‎2.3, ‎2.4, ‎2.5, ‎6, ‎7, ‎8, ‎9, 10, ‎11 and ‎12 shall survive the termination, expiration or other ending of this Agreement.\n1. Miscellaneous. This Agreement represents the complete agreement concerning the Software between You and Applitools and supersedes all prior agreements and representations between You and Applitools. If any provision of this Agreement is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable. Any waiver of any provision of this Agreement will be effective only if in writing and signed by Applitools. This Agreement is personal to You and may not be assigned or transferred for any reason whatsoever without the consent of Applitools and any action or conduct in violation of the foregoing shall be void and without effect. Applitools expressly reserves the right to assign this Agreement and to delegate any of its obligations hereunder. This Agreement are governed by and construed under the laws of the State of Israel, excluding its conflicts of law rules. You expressly agree that the exclusive jurisdiction for any claim or action arising out of or relating to this Agreement shall be the courts located in Tel Aviv, Israel, and You further agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action. In any action or proceeding to enforce rights under this Agreement, the prevailing party shall be entitled to recover costs and attorneys’ 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BY INSTALLING, ACCESSING AND/OR USING THE SOFTWARE (AS DEFINED BELOW), YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOU, OR THE COMPANY YOU REPRESENT, (“YOU” OR “LICENSEE”) ARE ENTERING INTO A LEGAL AGREEMENT WITH APPLITOOLS LTD. AND ITS AFFILIATES (“APPLITOOLS”), AND HAVE UNDERSTOOD AND AGREE TO COMPLY WITH, AND BE LEGALLY BOUND BY, THE TERMS AND CONDITIONS OF THIS AGREEMENT. YOU HEREBY WAIVE ANY RIGHTS OR REQUIREMENTS UNDER ANY LAWS OR REGULATIONS IN ANY JURISDICTION WHICH REQUIRE AN ORIGINAL (NON-ELECTRONIC) SIGNATURE OR DELIVERY OR RETENTION OF NON-ELECTRONIC RECORDS, TO THE EXTENT PERMITTED UNDER APPLICABLE LAW. \nTHE SOFTWARE MAY BE USED SOLELY FOR YOUR PERSONAL, NON-COMMERCIAL PURPOSES. FOR COMMERCIAL PURPOSES PLEASE CONTACT THE REGIONAL APPLITOOLS BUSINESS REPRESENTATIVE. \n1. Definitions. For purposes of this Agreement, the following capitalized terms shall have the following meaning:\n   1. “Documentation” means the user’s guides and technical manuals delivered by Applitools to Licensee.\n   2.  “Feedback” means suggestions, comments or feedback (whether orally or in writing) with respect to the Software.\n   3. “Intellectual Property Rights” means all intangible legal rights, titles and interests evidenced by or embodied in all: (i) inventions (regardless of patentability and whether or not reduced to practice), improvements thereto, patents, patent applications, patent disclosures, together with all reissuances, continuations, continuations in part, revisions, extensions and reexaminations thereof; (ii) trademarks, service marks, trade dress, logos, trade names, corporate names, together with translations, adaptations, derivations and combinations thereof, including goodwill associated therewith, and applications, registrations, and renewals in connection therewith; (iii) any work of authorship, regardless of copyrightable, copyrightable works, copyrights (including moral rights), and applications, registrations and renewals in connection therewith; (iv) mask works and applications, registrations and renewals in connection therewith; (v) trade secrets and Confidential Information; and (vi) other proprietary rights and any other similar rights, in each case on a worldwide basis, and copies and tangible embodiments thereof, in whatever form or medium.\n   4. “License” means the right to use the Software pursuant to Section ‎2.1 to this Agreement.\n   5.  “Software” means Applitools’ software development kit software in object or source code version, Documentation and any updates and upgrade thereto (to the extent delivered).\n1. License\n   1. Grant of License. Subject to the terms and conditions of this Agreement, Applitools grants You, during the Term, a personal, non-exclusive, non-sublicensable, non-transferable, revocable license to: (i) use the Software solely for Your own personal (non-commercial) use and (ii) use and display Applitools’ Marks solely for the purpose of publicizing or advertising that You are using the Software. \n   2. Documentation. Applitools may make available Documentation to Licensee for Licensee to use solely in connection with Licensee’s use of the Software during the term of this Agreement. Licensee may print or copy the Documentation as needed for its own purposes provided that all copyright notices are included therein. The Documentation shall be considered the Confidential Information of Applitools. \n   1. Reservation of Rights; Use Restrictions. Other than the rights explicitly granted in this Agreement, Licensee shall have no other rights, express or implied, in the Software. Without limiting the generality of the foregoing, Licensee agrees and undertakes not to: (i) allow any third party to use the Software in any manner, including but not limited to, sell, lease, sublicense or distribute the Software, or any part thereof; (ii) modify, revise, or alter the Software or reverse engineer, decompile, disassemble or otherwise reduce to human-perceivable form the Software’s source code; (iii) copy or allow copies of the Software to be made; (iv) remove, alter or obscure any proprietary notice or identification, including copyright, trademark, patent or other notices, contained in or displayed on or via the Software; (v) use the Software to violate any applicable laws, rules or regulations, or for any unlawful, harmful, irresponsible, or inappropriate purpose, or in any manner that breaches this Agreement, and/or (vi) represent that it possesses any proprietary interest in the Software.\n   1. Third Party Software. Licensee acknowledges and agrees that any third party software (“Third Party Software”) that provided with the Software is provided under the terms of the license attached/linked thereto or, if no such license is attached, such Third Party Software is provided for free and on “AS IS” basis. Applitools is not liable for any losses or damages which may occur resulting from the use of any Third Party Software. Applitools does not possess any proprietary interest in such Third Party Software. \n   1. Open Source Licenses. The Software includes certain open source code software and materials (as shall be listed in the documentation of the Software) (“Open Source Software”) that are subject to their respective open source licenses (“Open Source Licenses”). Such Open Source Licenses contain a list of conditions with respect to warranty, copyright policy and other provisions. By executing this Agreement, Licensee undertakes to strictly comply with the terms and condition of the Open Source Licenses, as may be amended from time to time. In order to comply with the Open Source Licenses, Licensee shall read the respective licenses or notices, such list of Open Source Licenses may be amended from time to time by Applitools, at its sole discretion. In the event of any inconsistencies or conflicting provisions between the provisions of the Open Source Licenses and the provisions of this Agreement, the provisions of the Open Source Licenses shall prevail. Without derogating from the generality of the foregoing, it is clarified that any Open Source Software is provided on an “AS IS” basis, without indemnity or warranty of any kind, whether express or implied. For clarity, the representations and warranties set forth in Section ‎4 hereunder shall not apply to any Open Source Software.\n1. Title & Ownership. APPLITOOLS DOES NOT SELL OR TRANSFER TITLE IN THE SOFTWARE, OR ANY PART THEREOF, TO LICENSEE. The Documentation, Software (excluding any Open Source Software and Third Party Software therein which are owned by their respective licensors) and/or any copies thereof, including without limitation any derivative works made (regardless of whether such derivative works were made and/or developed pursuant to the request and/or specifications of Licensee, and irrespective of any support and/or assistance Applitools may, will or had received from Licensee, or any third party on its behalf, with respect thereto), as well as any updates or upgrades thereto, if provided to Applitools pursuant to this Agreement, shall remain Applitools’ sole and exclusive property. All Intellectual Property Rights evidenced by or embodied in and/or attached/connected/related to the Software, or part thereof, are and shall be owned solely and exclusively by Applitools. Nothing in this Agreement shall constitute a waiver of Applitools’ Intellectual Property Rights under any law, or be in any way construed or interpreted as such. It is further agreed that to the extent Licensee provides Applitools with Feedback, Licensee acknowledges that any and all rights, including Intellectual Property Rights in such Feedback shall belong exclusively to Applitools and Licensee hereby irrevocably and unconditionally transfers and assigns to Applitools all intellectual property rights in such Feedback and waives any and all moral rights that Licensee may have in respect thereto. It is further understood that use of Feedback, if any, may be made by Applitools at its sole discretion, and that Applitools in no way shall be obliged to make use of any kind of the Feedback or part thereof. \n1. Warranty. Applitools warrants that to its knowledge it has the right to grant the license under this Agreement. Applitools’ sole liability for any breach of this warranty or any other warranty under this Agreement shall be, at Applitools’ sole discretion: (i) to replace or repair the Software or the applicable portion thereof; or (ii) to terminate this Agreement.\n2. Warranty Exclusions. The warranties set forth in Section ‎4 are contingent upon Licensee’s proper use of the Software, and shall not apply to damage caused by abuse, misuse, alteration, neglect or unauthorized repair or installation, or by the use or attempted use of Software other than that supplied and supported by Applitools. Applitools will use reasonable commercial efforts to repair or replace the Software or the applicable portion thereof, pursuant to the foregoing warranty within thirty (30) days of being so notified.\n1. Warranty Disclaimers. AS BETWEEN LICENSEE AND APPLITOOLS, EXCEPT AS SET IN SECTION ‎4, THE SOFTWARE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND INCLUDING, WITHOUT LIMITATION, REPRESENTATIONS, WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR INTENDED OR PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, THAT THE SOFTWARE WILL MEET LICENSEE’S REQUIREMENTS OR EXPECTATIONS OR WILL ACHIEVE ANY SPECIFIC RESULTS AND THOSE ARISING BY STATUTE OR FROM A COURSE OF DEALING OR USAGE OF TRADE. Applicable law may not allow the exclusion of certain warranties, so to that extent such exclusions may not apply.\n1. High Risk Activities. You acknowledge that the Software is not fault tolerant and is not designed, manufactured, or intended for use or resale as on-line control equipment in hazardous or high risk environments and activities requiring fail-safe performance (such as in the operation of nuclear facilities, aircraft navigation or communication systems, air traffic control, direct life support machines and/or devices, or weapons systems) in which the failure of the Software could lead directly to death, personal injury, or severe physical or environmental damage, and You agree not to use or allow the use of the Software or any portion thereof for, or in connection with, any such environment or activity.\n1. Indemnify. You agree that Applitools shall have no liability whatsoever for any use made of the Software by You or any third party. You hereby agree to defend, indemnify and hold harmless Applitools and its affiliates and their respective officers, directors, agents and employees from any and all claims, damages, liabilities, costs, and expenses (including attorney’s fees) arising from claims related to Your use of the Software as well as from Your failure to comply with this Agreement.\n1. Limitation of Liability. UNDER NO CIRCUMSTANCES SHALL APPLITOOLS AND/OR ITS AFFILIATES BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, OR FOR ANY LOSS OF DATA, REVENUE, BUSINESS OR REPUTATION, THAT ARISES UNDER OR IN CONNECTION WITH THIS AGREEMENT, OR THAT RESULTS FROM THE USE OF, OR THE INABILITY TO USE, THE SOFTWARE. APPLITOOLS’S TOTAL AGGREGATE LIABILITY FOR ANY AND ALL DIRECT DAMAGES AND LOSSES THAT ARISE UNDER OR IN CONNECTION WITH THIS AGREEMENT SHALL NOT IN ANY CIRCUMSTANCE EXCEED THE AMOUNT OF 100.00 (ONE HUNDRED) UNITED STATES DOLLARS. THE FOREGOING LIMITATIONS AND EXCLUSIONS IN THIS SECTION ‎7 SHALL APPLY: (I) EVEN IF APPLITOOLS HAS BEEN ADVISED OF THE POSSIBILITY OF ANY DAMAGES OR LOSSES; (II) EVEN IF ANY REMEDY SET FORTH HEREIN FAILS OF ITS ESSENTIAL PURPOSE; AND (III) REGARDLESS OF THE BASIS OR THEORY OF LIABILITY.\n1. Export Laws. Licensee agrees to comply fully with all U.S., EU, Israeli, and all applicable export laws and regulations to ensure that neither the Software nor any technical data related thereto are exported or re-exported directly or indirectly in violation of, or used for any purposes prohibited by, such laws and regulations. For clarity, and without derogating from Section ‎11 below, in case of any change of any applicable law, policy or regulation, which might affect Applitools’ business, Applitools will have the right to terminate this Agreement and the license granted hereunder and the Licensee shall have no claims regarding such termination. \n1. Term and Termination. This Agreement shall continue until terminated as set forth in this section (the “Term”). You may terminate this Agreement at any time by removing the Software from Your system and destroying all copies of the Software and Documentation relating to the Software. Unauthorized copying of the Software or otherwise failing to comply with this Agreement will result in automatic immediate termination of this Agreement and will make available to Applitools legal remedies. Applitools reserves the right to terminate this Agreement and the License at any time and without notice. Upon termination of this Agreement, the License will terminate and You: (i) will cease any and all rights to use the Software, and (ii) will remove the Software from all hard drives, networks and other storage media and destroy all copies of the Software in your possession or under your control. The provisions of Sections ‎2.3, ‎2.4, ‎2.5, ‎6, ‎7, ‎8, ‎9, 10, ‎11 and ‎12 shall survive the termination, expiration or other ending of this Agreement.\n1. Miscellaneous. This Agreement represents the complete agreement concerning the Software between You and Applitools and supersedes all prior agreements and representations between You and Applitools. If any provision of this Agreement is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable. Any waiver of any provision of this Agreement will be effective only if in writing and signed by Applitools. This Agreement is personal to You and may not be assigned or transferred for any reason whatsoever without the consent of Applitools and any action or conduct in violation of the foregoing shall be void and without effect. Applitools expressly reserves the right to assign this Agreement and to delegate any of its obligations hereunder. This Agreement are governed by and construed under the laws of the State of Israel, excluding its conflicts of law rules. You expressly agree that the exclusive jurisdiction for any claim or action arising out of or relating to this Agreement shall be the courts located in Tel Aviv, Israel, and You further agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action. In any action or proceeding to enforce rights under this Agreement, the prevailing party shall be entitled to recover costs and attorneys’ 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BY INSTALLING, ACCESSING AND/OR USING THE SOFTWARE (AS DEFINED BELOW), YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOU, OR THE COMPANY YOU REPRESENT, (“YOU” OR “LICENSEE”) ARE ENTERING INTO A LEGAL AGREEMENT WITH APPLITOOLS LTD. AND ITS AFFILIATES (“APPLITOOLS”), AND HAVE UNDERSTOOD AND AGREE TO COMPLY WITH, AND BE LEGALLY BOUND BY, THE TERMS AND CONDITIONS OF THIS AGREEMENT. YOU HEREBY WAIVE ANY RIGHTS OR REQUIREMENTS UNDER ANY LAWS OR REGULATIONS IN ANY JURISDICTION WHICH REQUIRE AN ORIGINAL (NON-ELECTRONIC) SIGNATURE OR DELIVERY OR RETENTION OF NON-ELECTRONIC RECORDS, TO THE EXTENT PERMITTED UNDER APPLICABLE LAW. \nTHE SOFTWARE MAY BE USED SOLELY FOR YOUR PERSONAL, NON-COMMERCIAL PURPOSES. FOR COMMERCIAL PURPOSES PLEASE CONTACT THE REGIONAL APPLITOOLS BUSINESS REPRESENTATIVE. \n1. Definitions. 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License\n   1. Grant of License. Subject to the terms and conditions of this Agreement, Applitools grants You, during the Term, a personal, non-exclusive, non-sublicensable, non-transferable, revocable license to: (i) use the Software solely for Your own personal (non-commercial) use and (ii) use and display Applitools’ Marks solely for the purpose of publicizing or advertising that You are using the Software. \n   2. Documentation. Applitools may make available Documentation to Licensee for Licensee to use solely in connection with Licensee’s use of the Software during the term of this Agreement. Licensee may print or copy the Documentation as needed for its own purposes provided that all copyright notices are included therein. The Documentation shall be considered the Confidential Information of Applitools. \n   1. Reservation of Rights; Use Restrictions. Other than the rights explicitly granted in this Agreement, Licensee shall have no other rights, express or implied, in the Software. Without limiting the generality of the foregoing, Licensee agrees and undertakes not to: (i) allow any third party to use the Software in any manner, including but not limited to, sell, lease, sublicense or distribute the Software, or any part thereof; (ii) modify, revise, or alter the Software or reverse engineer, decompile, disassemble or otherwise reduce to human-perceivable form the Software’s source code; (iii) copy or allow copies of the Software to be made; (iv) remove, alter or obscure any proprietary notice or identification, including copyright, trademark, patent or other notices, contained in or displayed on or via the Software; (v) use the Software to violate any applicable laws, rules or regulations, or for any unlawful, harmful, irresponsible, or inappropriate purpose, or in any manner that breaches this Agreement, and/or (vi) represent that it possesses any proprietary interest in the Software.\n   1. Third Party Software. Licensee acknowledges and agrees that any third party software (“Third Party Software”) that provided with the Software is provided under the terms of the license attached/linked thereto or, if no such license is attached, such Third Party Software is provided for free and on “AS IS” basis. Applitools is not liable for any losses or damages which may occur resulting from the use of any Third Party Software. Applitools does not possess any proprietary interest in such Third Party Software. \n   1. Open Source Licenses. The Software includes certain open source code software and materials (as shall be listed in the documentation of the Software) (“Open Source Software”) that are subject to their respective open source licenses (“Open Source Licenses”). Such Open Source Licenses contain a list of conditions with respect to warranty, copyright policy and other provisions. By executing this Agreement, Licensee undertakes to strictly comply with the terms and condition of the Open Source Licenses, as may be amended from time to time. In order to comply with the Open Source Licenses, Licensee shall read the respective licenses or notices, such list of Open Source Licenses may be amended from time to time by Applitools, at its sole discretion. In the event of any inconsistencies or conflicting provisions between the provisions of the Open Source Licenses and the provisions of this Agreement, the provisions of the Open Source Licenses shall prevail. Without derogating from the generality of the foregoing, it is clarified that any Open Source Software is provided on an “AS IS” basis, without indemnity or warranty of any kind, whether express or implied. For clarity, the representations and warranties set forth in Section ‎4 hereunder shall not apply to any Open Source Software.\n1. Title & Ownership. APPLITOOLS DOES NOT SELL OR TRANSFER TITLE IN THE SOFTWARE, OR ANY PART THEREOF, TO LICENSEE. The Documentation, Software (excluding any Open Source Software and Third Party Software therein which are owned by their respective licensors) and/or any copies thereof, including without limitation any derivative works made (regardless of whether such derivative works were made and/or developed pursuant to the request and/or specifications of Licensee, and irrespective of any support and/or assistance Applitools may, will or had received from Licensee, or any third party on its behalf, with respect thereto), as well as any updates or upgrades thereto, if provided to Applitools pursuant to this Agreement, shall remain Applitools’ sole and exclusive property. All Intellectual Property Rights evidenced by or embodied in and/or attached/connected/related to the Software, or part thereof, are and shall be owned solely and exclusively by Applitools. Nothing in this Agreement shall constitute a waiver of Applitools’ Intellectual Property Rights under any law, or be in any way construed or interpreted as such. It is further agreed that to the extent Licensee provides Applitools with Feedback, Licensee acknowledges that any and all rights, including Intellectual Property Rights in such Feedback shall belong exclusively to Applitools and Licensee hereby irrevocably and unconditionally transfers and assigns to Applitools all intellectual property rights in such Feedback and waives any and all moral rights that Licensee may have in respect thereto. It is further understood that use of Feedback, if any, may be made by Applitools at its sole discretion, and that Applitools in no way shall be obliged to make use of any kind of the Feedback or part thereof. \n1. Warranty. Applitools warrants that to its knowledge it has the right to grant the license under this Agreement. Applitools’ sole liability for any breach of this warranty or any other warranty under this Agreement shall be, at Applitools’ sole discretion: (i) to replace or repair the Software or the applicable portion thereof; or (ii) to terminate this Agreement.\n2. Warranty Exclusions. The warranties set forth in Section ‎4 are contingent upon Licensee’s proper use of the Software, and shall not apply to damage caused by abuse, misuse, alteration, neglect or unauthorized repair or installation, or by the use or attempted use of Software other than that supplied and supported by Applitools. Applitools will use reasonable commercial efforts to repair or replace the Software or the applicable portion thereof, pursuant to the foregoing warranty within thirty (30) days of being so notified.\n1. Warranty Disclaimers. AS BETWEEN LICENSEE AND APPLITOOLS, EXCEPT AS SET IN SECTION ‎4, THE SOFTWARE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND INCLUDING, WITHOUT LIMITATION, REPRESENTATIONS, WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR INTENDED OR PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, THAT THE SOFTWARE WILL MEET LICENSEE’S REQUIREMENTS OR EXPECTATIONS OR WILL ACHIEVE ANY SPECIFIC RESULTS AND THOSE ARISING BY STATUTE OR FROM A COURSE OF DEALING OR USAGE OF TRADE. Applicable law may not allow the exclusion of certain warranties, so to that extent such exclusions may not apply.\n1. High Risk Activities. You acknowledge that the Software is not fault tolerant and is not designed, manufactured, or intended for use or resale as on-line control equipment in hazardous or high risk environments and activities requiring fail-safe performance (such as in the operation of nuclear facilities, aircraft navigation or communication systems, air traffic control, direct life support machines and/or devices, or weapons systems) in which the failure of the Software could lead directly to death, personal injury, or severe physical or environmental damage, and You agree not to use or allow the use of the Software or any portion thereof for, or in connection with, any such environment or activity.\n1. Indemnify. You agree that Applitools shall have no liability whatsoever for any use made of the Software by You or any third party. You hereby agree to defend, indemnify and hold harmless Applitools and its affiliates and their respective officers, directors, agents and employees from any and all claims, damages, liabilities, costs, and expenses (including attorney’s fees) arising from claims related to Your use of the Software as well as from Your failure to comply with this Agreement.\n1. Limitation of Liability. UNDER NO CIRCUMSTANCES SHALL APPLITOOLS AND/OR ITS AFFILIATES BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, OR FOR ANY LOSS OF DATA, REVENUE, BUSINESS OR REPUTATION, THAT ARISES UNDER OR IN CONNECTION WITH THIS AGREEMENT, OR THAT RESULTS FROM THE USE OF, OR THE INABILITY TO USE, THE SOFTWARE. APPLITOOLS’S TOTAL AGGREGATE LIABILITY FOR ANY AND ALL DIRECT DAMAGES AND LOSSES THAT ARISE UNDER OR IN CONNECTION WITH THIS AGREEMENT SHALL NOT IN ANY CIRCUMSTANCE EXCEED THE AMOUNT OF 100.00 (ONE HUNDRED) UNITED STATES DOLLARS. THE FOREGOING LIMITATIONS AND EXCLUSIONS IN THIS SECTION ‎7 SHALL APPLY: (I) EVEN IF APPLITOOLS HAS BEEN ADVISED OF THE POSSIBILITY OF ANY DAMAGES OR LOSSES; (II) EVEN IF ANY REMEDY SET FORTH HEREIN FAILS OF ITS ESSENTIAL PURPOSE; AND (III) REGARDLESS OF THE BASIS OR THEORY OF LIABILITY.\n1. Export Laws. Licensee agrees to comply fully with all U.S., EU, Israeli, and all applicable export laws and regulations to ensure that neither the Software nor any technical data related thereto are exported or re-exported directly or indirectly in violation of, or used for any purposes prohibited by, such laws and regulations. For clarity, and without derogating from Section ‎11 below, in case of any change of any applicable law, policy or regulation, which might affect Applitools’ business, Applitools will have the right to terminate this Agreement and the license granted hereunder and the Licensee shall have no claims regarding such termination. \n1. Term and Termination. This Agreement shall continue until terminated as set forth in this section (the “Term”). You may terminate this Agreement at any time by removing the Software from Your system and destroying all copies of the Software and Documentation relating to the Software. Unauthorized copying of the Software or otherwise failing to comply with this Agreement will result in automatic immediate termination of this Agreement and will make available to Applitools legal remedies. Applitools reserves the right to terminate this Agreement and the License at any time and without notice. Upon termination of this Agreement, the License will terminate and You: (i) will cease any and all rights to use the Software, and (ii) will remove the Software from all hard drives, networks and other storage media and destroy all copies of the Software in your possession or under your control. 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BY INSTALLING, ACCESSING AND/OR USING THE SOFTWARE (AS DEFINED BELOW), YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOU, OR THE COMPANY YOU REPRESENT, (“YOU” OR “LICENSEE”) ARE ENTERING INTO A LEGAL AGREEMENT WITH APPLITOOLS LTD. AND ITS AFFILIATES (“APPLITOOLS”), AND HAVE UNDERSTOOD AND AGREE TO COMPLY WITH, AND BE LEGALLY BOUND BY, THE TERMS AND CONDITIONS OF THIS AGREEMENT. YOU HEREBY WAIVE ANY RIGHTS OR REQUIREMENTS UNDER ANY LAWS OR REGULATIONS IN ANY JURISDICTION WHICH REQUIRE AN ORIGINAL (NON-ELECTRONIC) SIGNATURE OR DELIVERY OR RETENTION OF NON-ELECTRONIC RECORDS, TO THE EXTENT PERMITTED UNDER APPLICABLE LAW. \nTHE SOFTWARE MAY BE USED SOLELY FOR YOUR PERSONAL, NON-COMMERCIAL PURPOSES. FOR COMMERCIAL PURPOSES PLEASE CONTACT THE REGIONAL APPLITOOLS BUSINESS REPRESENTATIVE. \n1. Definitions. For purposes of this Agreement, the following capitalized terms shall have the following meaning:\n   1. “Documentation” means the user’s guides and technical manuals delivered by Applitools to Licensee.\n   2.  “Feedback” means suggestions, comments or feedback (whether orally or in writing) with respect to the Software.\n   3. “Intellectual Property Rights” means all intangible legal rights, titles and interests evidenced by or embodied in all: (i) inventions (regardless of patentability and whether or not reduced to practice), improvements thereto, patents, patent applications, patent disclosures, together with all reissuances, continuations, continuations in part, revisions, extensions and reexaminations thereof; (ii) trademarks, service marks, trade dress, logos, trade names, corporate names, together with translations, adaptations, derivations and combinations thereof, including goodwill associated therewith, and applications, registrations, and renewals in connection therewith; (iii) any work of authorship, regardless of copyrightable, copyrightable works, copyrights (including moral rights), and applications, registrations and renewals in connection therewith; (iv) mask works and applications, registrations and renewals in connection therewith; (v) trade secrets and Confidential Information; and (vi) other proprietary rights and any other similar rights, in each case on a worldwide basis, and copies and tangible embodiments thereof, in whatever form or medium.\n   4. “License” means the right to use the Software pursuant to Section ‎2.1 to this Agreement.\n   5.  “Software” means Applitools’ software development kit software in object or source code version, Documentation and any updates and upgrade thereto (to the extent delivered).\n1. License\n   1. Grant of License. Subject to the terms and conditions of this Agreement, Applitools grants You, during the Term, a personal, non-exclusive, non-sublicensable, non-transferable, revocable license to: (i) use the Software solely for Your own personal (non-commercial) use and (ii) use and display Applitools’ Marks solely for the purpose of publicizing or advertising that You are using the Software. \n   2. Documentation. Applitools may make available Documentation to Licensee for Licensee to use solely in connection with Licensee’s use of the Software during the term of this Agreement. Licensee may print or copy the Documentation as needed for its own purposes provided that all copyright notices are included therein. The Documentation shall be considered the Confidential Information of Applitools. \n   1. Reservation of Rights; Use Restrictions. Other than the rights explicitly granted in this Agreement, Licensee shall have no other rights, express or implied, in the Software. Without limiting the generality of the foregoing, Licensee agrees and undertakes not to: (i) allow any third party to use the Software in any manner, including but not limited to, sell, lease, sublicense or distribute the Software, or any part thereof; (ii) modify, revise, or alter the Software or reverse engineer, decompile, disassemble or otherwise reduce to human-perceivable form the Software’s source code; (iii) copy or allow copies of the Software to be made; (iv) remove, alter or obscure any proprietary notice or identification, including copyright, trademark, patent or other notices, contained in or displayed on or via the Software; (v) use the Software to violate any applicable laws, rules or regulations, or for any unlawful, harmful, irresponsible, or inappropriate purpose, or in any manner that breaches this Agreement, and/or (vi) represent that it possesses any proprietary interest in the Software.\n   1. Third Party Software. Licensee acknowledges and agrees that any third party software (“Third Party Software”) that provided with the Software is provided under the terms of the license attached/linked thereto or, if no such license is attached, such Third Party Software is provided for free and on “AS IS” basis. Applitools is not liable for any losses or damages which may occur resulting from the use of any Third Party Software. Applitools does not possess any proprietary interest in such Third Party Software. \n   1. Open Source Licenses. The Software includes certain open source code software and materials (as shall be listed in the documentation of the Software) (“Open Source Software”) that are subject to their respective open source licenses (“Open Source Licenses”). Such Open Source Licenses contain a list of conditions with respect to warranty, copyright policy and other provisions. By executing this Agreement, Licensee undertakes to strictly comply with the terms and condition of the Open Source Licenses, as may be amended from time to time. In order to comply with the Open Source Licenses, Licensee shall read the respective licenses or notices, such list of Open Source Licenses may be amended from time to time by Applitools, at its sole discretion. In the event of any inconsistencies or conflicting provisions between the provisions of the Open Source Licenses and the provisions of this Agreement, the provisions of the Open Source Licenses shall prevail. Without derogating from the generality of the foregoing, it is clarified that any Open Source Software is provided on an “AS IS” basis, without indemnity or warranty of any kind, whether express or implied. For clarity, the representations and warranties set forth in Section ‎4 hereunder shall not apply to any Open Source Software.\n1. Title & Ownership. APPLITOOLS DOES NOT SELL OR TRANSFER TITLE IN THE SOFTWARE, OR ANY PART THEREOF, TO LICENSEE. The Documentation, Software (excluding any Open Source Software and Third Party Software therein which are owned by their respective licensors) and/or any copies thereof, including without limitation any derivative works made (regardless of whether such derivative works were made and/or developed pursuant to the request and/or specifications of Licensee, and irrespective of any support and/or assistance Applitools may, will or had received from Licensee, or any third party on its behalf, with respect thereto), as well as any updates or upgrades thereto, if provided to Applitools pursuant to this Agreement, shall remain Applitools’ sole and exclusive property. All Intellectual Property Rights evidenced by or embodied in and/or attached/connected/related to the Software, or part thereof, are and shall be owned solely and exclusively by Applitools. Nothing in this Agreement shall constitute a waiver of Applitools’ Intellectual Property Rights under any law, or be in any way construed or interpreted as such. It is further agreed that to the extent Licensee provides Applitools with Feedback, Licensee acknowledges that any and all rights, including Intellectual Property Rights in such Feedback shall belong exclusively to Applitools and Licensee hereby irrevocably and unconditionally transfers and assigns to Applitools all intellectual property rights in such Feedback and waives any and all moral rights that Licensee may have in respect thereto. It is further understood that use of Feedback, if any, may be made by Applitools at its sole discretion, and that Applitools in no way shall be obliged to make use of any kind of the Feedback or part thereof. \n1. Warranty. Applitools warrants that to its knowledge it has the right to grant the license under this Agreement. Applitools’ sole liability for any breach of this warranty or any other warranty under this Agreement shall be, at Applitools’ sole discretion: (i) to replace or repair the Software or the applicable portion thereof; or (ii) to terminate this Agreement.\n2. Warranty Exclusions. The warranties set forth in Section ‎4 are contingent upon Licensee’s proper use of the Software, and shall not apply to damage caused by abuse, misuse, alteration, neglect or unauthorized repair or installation, or by the use or attempted use of Software other than that supplied and supported by Applitools. Applitools will use reasonable commercial efforts to repair or replace the Software or the applicable portion thereof, pursuant to the foregoing warranty within thirty (30) days of being so notified.\n1. Warranty Disclaimers. AS BETWEEN LICENSEE AND APPLITOOLS, EXCEPT AS SET IN SECTION ‎4, THE SOFTWARE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND INCLUDING, WITHOUT LIMITATION, REPRESENTATIONS, WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR INTENDED OR PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, THAT THE SOFTWARE WILL MEET LICENSEE’S REQUIREMENTS OR EXPECTATIONS OR WILL ACHIEVE ANY SPECIFIC RESULTS AND THOSE ARISING BY STATUTE OR FROM A COURSE OF DEALING OR USAGE OF TRADE. Applicable law may not allow the exclusion of certain warranties, so to that extent such exclusions may not apply.\n1. High Risk Activities. You acknowledge that the Software is not fault tolerant and is not designed, manufactured, or intended for use or resale as on-line control equipment in hazardous or high risk environments and activities requiring fail-safe performance (such as in the operation of nuclear facilities, aircraft navigation or communication systems, air traffic control, direct life support machines and/or devices, or weapons systems) in which the failure of the Software could lead directly to death, personal injury, or severe physical or environmental damage, and You agree not to use or allow the use of the Software or any portion thereof for, or in connection with, any such environment or activity.\n1. Indemnify. You agree that Applitools shall have no liability whatsoever for any use made of the Software by You or any third party. You hereby agree to defend, indemnify and hold harmless Applitools and its affiliates and their respective officers, directors, agents and employees from any and all claims, damages, liabilities, costs, and expenses (including attorney’s fees) arising from claims related to Your use of the Software as well as from Your failure to comply with this Agreement.\n1. Limitation of Liability. UNDER NO CIRCUMSTANCES SHALL APPLITOOLS AND/OR ITS AFFILIATES BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, OR FOR ANY LOSS OF DATA, REVENUE, BUSINESS OR REPUTATION, THAT ARISES UNDER OR IN CONNECTION WITH THIS AGREEMENT, OR THAT RESULTS FROM THE USE OF, OR THE INABILITY TO USE, THE SOFTWARE. APPLITOOLS’S TOTAL AGGREGATE LIABILITY FOR ANY AND ALL DIRECT DAMAGES AND LOSSES THAT ARISE UNDER OR IN CONNECTION WITH THIS AGREEMENT SHALL NOT IN ANY CIRCUMSTANCE EXCEED THE AMOUNT OF 100.00 (ONE HUNDRED) UNITED STATES DOLLARS. THE FOREGOING LIMITATIONS AND EXCLUSIONS IN THIS SECTION ‎7 SHALL APPLY: (I) EVEN IF APPLITOOLS HAS BEEN ADVISED OF THE POSSIBILITY OF ANY DAMAGES OR LOSSES; (II) EVEN IF ANY REMEDY SET FORTH HEREIN FAILS OF ITS ESSENTIAL PURPOSE; AND (III) REGARDLESS OF THE BASIS OR THEORY OF LIABILITY.\n1. Export Laws. Licensee agrees to comply fully with all U.S., EU, Israeli, and all applicable export laws and regulations to ensure that neither the Software nor any technical data related thereto are exported or re-exported directly or indirectly in violation of, or used for any purposes prohibited by, such laws and regulations. For clarity, and without derogating from Section ‎11 below, in case of any change of any applicable law, policy or regulation, which might affect Applitools’ business, Applitools will have the right to terminate this Agreement and the license granted hereunder and the Licensee shall have no claims regarding such termination. \n1. Term and Termination. This Agreement shall continue until terminated as set forth in this section (the “Term”). You may terminate this Agreement at any time by removing the Software from Your system and destroying all copies of the Software and Documentation relating to the Software. Unauthorized copying of the Software or otherwise failing to comply with this Agreement will result in automatic immediate termination of this Agreement and will make available to Applitools legal remedies. Applitools reserves the right to terminate this Agreement and the License at any time and without notice. Upon termination of this Agreement, the License will terminate and You: (i) will cease any and all rights to use the Software, and (ii) will remove the Software from all hard drives, networks and other storage media and destroy all copies of the Software in your possession or under your control. The provisions of Sections ‎2.3, ‎2.4, ‎2.5, ‎6, ‎7, ‎8, ‎9, 10, ‎11 and ‎12 shall survive the termination, expiration or other ending of this Agreement.\n1. Miscellaneous. This Agreement represents the complete agreement concerning the Software between You and Applitools and supersedes all prior agreements and representations between You and Applitools. If any provision of this Agreement is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable. Any waiver of any provision of this Agreement will be effective only if in writing and signed by Applitools. This Agreement is personal to You and may not be assigned or transferred for any reason whatsoever without the consent of Applitools and any action or conduct in violation of the foregoing shall be void and without effect. Applitools expressly reserves the right to assign this Agreement and to delegate any of its obligations hereunder. This Agreement are governed by and construed under the laws of the State of Israel, excluding its conflicts of law rules. You expressly agree that the exclusive jurisdiction for any claim or action arising out of or relating to this Agreement shall be the courts located in Tel Aviv, Israel, and You further agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action. In any action or proceeding to enforce rights under this Agreement, the prevailing party shall be entitled to recover costs and attorneys’ 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build:tgz","postversion":"bongo postversion"},"_npmUser":{"name":"applitools-admin","email":"team@applitools.com"},"repository":{"url":"git@github.com:applitools/eyes.sdk.javascript1.git","type":"git","directory":"packages/eyes-universal"},"description":"Applitools Eyes Universal SDK","directories":{},"licenseText":"-  -\nSDK LICENSE AGREEMENT\nIMPORTANT - PLEASE READ CAREFULLY THE TERMS OF THIS LICENSE AGREEMENT (“AGREEMENT”). BY INSTALLING, ACCESSING AND/OR USING THE SOFTWARE (AS DEFINED BELOW), YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOU, OR THE COMPANY YOU REPRESENT, (“YOU” OR “LICENSEE”) ARE ENTERING INTO A LEGAL AGREEMENT WITH APPLITOOLS LTD. AND ITS AFFILIATES (“APPLITOOLS”), AND HAVE UNDERSTOOD AND AGREE TO COMPLY WITH, AND BE LEGALLY BOUND BY, THE TERMS AND CONDITIONS OF THIS AGREEMENT. YOU HEREBY WAIVE ANY RIGHTS OR REQUIREMENTS UNDER ANY LAWS OR REGULATIONS IN ANY JURISDICTION WHICH REQUIRE AN ORIGINAL (NON-ELECTRONIC) SIGNATURE OR DELIVERY OR RETENTION OF NON-ELECTRONIC RECORDS, TO THE EXTENT PERMITTED UNDER APPLICABLE LAW. \nTHE SOFTWARE MAY BE USED SOLELY FOR YOUR PERSONAL, NON-COMMERCIAL PURPOSES. FOR COMMERCIAL PURPOSES PLEASE CONTACT THE REGIONAL APPLITOOLS BUSINESS REPRESENTATIVE. \n1. Definitions. For purposes of this Agreement, the following capitalized terms shall have the following meaning:\n   1. “Documentation” means the user’s guides and technical manuals delivered by Applitools to Licensee.\n   2.  “Feedback” means suggestions, comments or feedback (whether orally or in writing) with respect to the Software.\n   3. “Intellectual Property Rights” means all intangible legal rights, titles and interests evidenced by or embodied in all: (i) inventions (regardless of patentability and whether or not reduced to practice), improvements thereto, patents, patent applications, patent disclosures, together with all reissuances, continuations, continuations in part, revisions, extensions and reexaminations thereof; (ii) trademarks, service marks, trade dress, logos, trade names, corporate names, together with translations, adaptations, derivations and combinations thereof, including goodwill associated therewith, and applications, registrations, and renewals in connection therewith; (iii) any work of authorship, regardless of copyrightable, copyrightable works, copyrights (including moral rights), and applications, registrations and renewals in connection therewith; (iv) mask works and applications, registrations and renewals in connection therewith; (v) trade secrets and Confidential Information; and (vi) other proprietary rights and any other similar rights, in each case on a worldwide basis, and copies and tangible embodiments thereof, in whatever form or medium.\n   4. “License” means the right to use the Software pursuant to Section ‎2.1 to this Agreement.\n   5.  “Software” means Applitools’ software development kit software in object or source code version, Documentation and any updates and upgrade thereto (to the extent delivered).\n1. License\n   1. Grant of License. Subject to the terms and conditions of this Agreement, Applitools grants You, during the Term, a personal, non-exclusive, non-sublicensable, non-transferable, revocable license to: (i) use the Software solely for Your own personal (non-commercial) use and (ii) use and display Applitools’ Marks solely for the purpose of publicizing or advertising that You are using the Software. \n   2. Documentation. Applitools may make available Documentation to Licensee for Licensee to use solely in connection with Licensee’s use of the Software during the term of this Agreement. Licensee may print or copy the Documentation as needed for its own purposes provided that all copyright notices are included therein. The Documentation shall be considered the Confidential Information of Applitools. \n   1. Reservation of Rights; Use Restrictions. Other than the rights explicitly granted in this Agreement, Licensee shall have no other rights, express or implied, in the Software. Without limiting the generality of the foregoing, Licensee agrees and undertakes not to: (i) allow any third party to use the Software in any manner, including but not limited to, sell, lease, sublicense or distribute the Software, or any part thereof; (ii) modify, revise, or alter the Software or reverse engineer, decompile, disassemble or otherwise reduce to human-perceivable form the Software’s source code; (iii) copy or allow copies of the Software to be made; (iv) remove, alter or obscure any proprietary notice or identification, including copyright, trademark, patent or other notices, contained in or displayed on or via the Software; (v) use the Software to violate any applicable laws, rules or regulations, or for any unlawful, harmful, irresponsible, or inappropriate purpose, or in any manner that breaches this Agreement, and/or (vi) represent that it possesses any proprietary interest in the Software.\n   1. Third Party Software. Licensee acknowledges and agrees that any third party software (“Third Party Software”) that provided with the Software is provided under the terms of the license attached/linked thereto or, if no such license is attached, such Third Party Software is provided for free and on “AS IS” basis. Applitools is not liable for any losses or damages which may occur resulting from the use of any Third Party Software. Applitools does not possess any proprietary interest in such Third Party Software. \n   1. Open Source Licenses. The Software includes certain open source code software and materials (as shall be listed in the documentation of the Software) (“Open Source Software”) that are subject to their respective open source licenses (“Open Source Licenses”). Such Open Source Licenses contain a list of conditions with respect to warranty, copyright policy and other provisions. By executing this Agreement, Licensee undertakes to strictly comply with the terms and condition of the Open Source Licenses, as may be amended from time to time. In order to comply with the Open Source Licenses, Licensee shall read the respective licenses or notices, such list of Open Source Licenses may be amended from time to time by Applitools, at its sole discretion. In the event of any inconsistencies or conflicting provisions between the provisions of the Open Source Licenses and the provisions of this Agreement, the provisions of the Open Source Licenses shall prevail. Without derogating from the generality of the foregoing, it is clarified that any Open Source Software is provided on an “AS IS” basis, without indemnity or warranty of any kind, whether express or implied. For clarity, the representations and warranties set forth in Section ‎4 hereunder shall not apply to any Open Source Software.\n1. Title & Ownership. APPLITOOLS DOES NOT SELL OR TRANSFER TITLE IN THE SOFTWARE, OR ANY PART THEREOF, TO LICENSEE. The Documentation, Software (excluding any Open Source Software and Third Party Software therein which are owned by their respective licensors) and/or any copies thereof, including without limitation any derivative works made (regardless of whether such derivative works were made and/or developed pursuant to the request and/or specifications of Licensee, and irrespective of any support and/or assistance Applitools may, will or had received from Licensee, or any third party on its behalf, with respect thereto), as well as any updates or upgrades thereto, if provided to Applitools pursuant to this Agreement, shall remain Applitools’ sole and exclusive property. All Intellectual Property Rights evidenced by or embodied in and/or attached/connected/related to the Software, or part thereof, are and shall be owned solely and exclusively by Applitools. Nothing in this Agreement shall constitute a waiver of Applitools’ Intellectual Property Rights under any law, or be in any way construed or interpreted as such. It is further agreed that to the extent Licensee provides Applitools with Feedback, Licensee acknowledges that any and all rights, including Intellectual Property Rights in such Feedback shall belong exclusively to Applitools and Licensee hereby irrevocably and unconditionally transfers and assigns to Applitools all intellectual property rights in such Feedback and waives any and all moral rights that Licensee may have in respect thereto. It is further understood that use of Feedback, if any, may be made by Applitools at its sole discretion, and that Applitools in no way shall be obliged to make use of any kind of the Feedback or part thereof. \n1. Warranty. Applitools warrants that to its knowledge it has the right to grant the license under this Agreement. Applitools’ sole liability for any breach of this warranty or any other warranty under this Agreement shall be, at Applitools’ sole discretion: (i) to replace or repair the Software or the applicable portion thereof; or (ii) to terminate this Agreement.\n2. Warranty Exclusions. The warranties set forth in Section ‎4 are contingent upon Licensee’s proper use of the Software, and shall not apply to damage caused by abuse, misuse, alteration, neglect or unauthorized repair or installation, or by the use or attempted use of Software other than that supplied and supported by Applitools. Applitools will use reasonable commercial efforts to repair or replace the Software or the applicable portion thereof, pursuant to the foregoing warranty within thirty (30) days of being so notified.\n1. Warranty Disclaimers. AS BETWEEN LICENSEE AND APPLITOOLS, EXCEPT AS SET IN SECTION ‎4, THE SOFTWARE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND INCLUDING, WITHOUT LIMITATION, REPRESENTATIONS, WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR INTENDED OR PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, THAT THE SOFTWARE WILL MEET LICENSEE’S REQUIREMENTS OR EXPECTATIONS OR WILL ACHIEVE ANY SPECIFIC RESULTS AND THOSE ARISING BY STATUTE OR FROM A COURSE OF DEALING OR USAGE OF TRADE. Applicable law may not allow the exclusion of certain warranties, so to that extent such exclusions may not apply.\n1. High Risk Activities. You acknowledge that the Software is not fault tolerant and is not designed, manufactured, or intended for use or resale as on-line control equipment in hazardous or high risk environments and activities requiring fail-safe performance (such as in the operation of nuclear facilities, aircraft navigation or communication systems, air traffic control, direct life support machines and/or devices, or weapons systems) in which the failure of the Software could lead directly to death, personal injury, or severe physical or environmental damage, and You agree not to use or allow the use of the Software or any portion thereof for, or in connection with, any such environment or activity.\n1. Indemnify. You agree that Applitools shall have no liability whatsoever for any use made of the Software by You or any third party. You hereby agree to defend, indemnify and hold harmless Applitools and its affiliates and their respective officers, directors, agents and employees from any and all claims, damages, liabilities, costs, and expenses (including attorney’s fees) arising from claims related to Your use of the Software as well as from Your failure to comply with this Agreement.\n1. Limitation of Liability. UNDER NO CIRCUMSTANCES SHALL APPLITOOLS AND/OR ITS AFFILIATES BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, OR FOR ANY LOSS OF DATA, REVENUE, BUSINESS OR REPUTATION, THAT ARISES UNDER OR IN CONNECTION WITH THIS AGREEMENT, OR THAT RESULTS FROM THE USE OF, OR THE INABILITY TO USE, THE SOFTWARE. APPLITOOLS’S TOTAL AGGREGATE LIABILITY FOR ANY AND ALL DIRECT DAMAGES AND LOSSES THAT ARISE UNDER OR IN CONNECTION WITH THIS AGREEMENT SHALL NOT IN ANY CIRCUMSTANCE EXCEED THE AMOUNT OF 100.00 (ONE HUNDRED) UNITED STATES DOLLARS. THE FOREGOING LIMITATIONS AND EXCLUSIONS IN THIS SECTION ‎7 SHALL APPLY: (I) EVEN IF APPLITOOLS HAS BEEN ADVISED OF THE POSSIBILITY OF ANY DAMAGES OR LOSSES; (II) EVEN IF ANY REMEDY SET FORTH HEREIN FAILS OF ITS ESSENTIAL PURPOSE; AND (III) REGARDLESS OF THE BASIS OR THEORY OF LIABILITY.\n1. Export Laws. Licensee agrees to comply fully with all U.S., EU, Israeli, and all applicable export laws and regulations to ensure that neither the Software nor any technical data related thereto are exported or re-exported directly or indirectly in violation of, or used for any purposes prohibited by, such laws and regulations. For clarity, and without derogating from Section ‎11 below, in case of any change of any applicable law, policy or regulation, which might affect Applitools’ business, Applitools will have the right to terminate this Agreement and the license granted hereunder and the Licensee shall have no claims regarding such termination. \n1. Term and Termination. This Agreement shall continue until terminated as set forth in this section (the “Term”). You may terminate this Agreement at any time by removing the Software from Your system and destroying all copies of the Software and Documentation relating to the Software. Unauthorized copying of the Software or otherwise failing to comply with this Agreement will result in automatic immediate termination of this Agreement and will make available to Applitools legal remedies. Applitools reserves the right to terminate this Agreement and the License at any time and without notice. Upon termination of this Agreement, the License will terminate and You: (i) will cease any and all rights to use the Software, and (ii) will remove the Software from all hard drives, networks and other storage media and destroy all copies of the Software in your possession or under your control. The provisions of Sections ‎2.3, ‎2.4, ‎2.5, ‎6, ‎7, ‎8, ‎9, 10, ‎11 and ‎12 shall survive the termination, expiration or other ending of this Agreement.\n1. Miscellaneous. This Agreement represents the complete agreement concerning the Software between You and Applitools and supersedes all prior agreements and representations between You and Applitools. If any provision of this Agreement is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable. Any waiver of any provision of this Agreement will be effective only if in writing and signed by Applitools. This Agreement is personal to You and may not be assigned or transferred for any reason whatsoever without the consent of Applitools and any action or conduct in violation of the foregoing shall be void and without effect. Applitools expressly reserves the right to assign this Agreement and to delegate any of its obligations hereunder. This Agreement are governed by and construed under the laws of the State of Israel, excluding its conflicts of law rules. You expressly agree that the exclusive jurisdiction for any claim or action arising out of or relating to this Agreement shall be the courts located in Tel Aviv, Israel, and You further agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action. 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BY INSTALLING, ACCESSING AND/OR USING THE SOFTWARE (AS DEFINED BELOW), YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOU, OR THE COMPANY YOU REPRESENT, (“YOU” OR “LICENSEE”) ARE ENTERING INTO A LEGAL AGREEMENT WITH APPLITOOLS LTD. AND ITS AFFILIATES (“APPLITOOLS”), AND HAVE UNDERSTOOD AND AGREE TO COMPLY WITH, AND BE LEGALLY BOUND BY, THE TERMS AND CONDITIONS OF THIS AGREEMENT. YOU HEREBY WAIVE ANY RIGHTS OR REQUIREMENTS UNDER ANY LAWS OR REGULATIONS IN ANY JURISDICTION WHICH REQUIRE AN ORIGINAL (NON-ELECTRONIC) SIGNATURE OR DELIVERY OR RETENTION OF NON-ELECTRONIC RECORDS, TO THE EXTENT PERMITTED UNDER APPLICABLE LAW. \nTHE SOFTWARE MAY BE USED SOLELY FOR YOUR PERSONAL, NON-COMMERCIAL PURPOSES. FOR COMMERCIAL PURPOSES PLEASE CONTACT THE REGIONAL APPLITOOLS BUSINESS REPRESENTATIVE. \n1. Definitions. For purposes of this Agreement, the following capitalized terms shall have the following meaning:\n   1. “Documentation” means the user’s guides and technical manuals delivered by Applitools to Licensee.\n   2.  “Feedback” means suggestions, comments or feedback (whether orally or in writing) with respect to the Software.\n   3. “Intellectual Property Rights” means all intangible legal rights, titles and interests evidenced by or embodied in all: (i) inventions (regardless of patentability and whether or not reduced to practice), improvements thereto, patents, patent applications, patent disclosures, together with all reissuances, continuations, continuations in part, revisions, extensions and reexaminations thereof; (ii) trademarks, service marks, trade dress, logos, trade names, corporate names, together with translations, adaptations, derivations and combinations thereof, including goodwill associated therewith, and applications, registrations, and renewals in connection therewith; (iii) any work of authorship, regardless of copyrightable, copyrightable works, copyrights (including moral rights), and applications, registrations and renewals in connection therewith; (iv) mask works and applications, registrations and renewals in connection therewith; (v) trade secrets and Confidential Information; and (vi) other proprietary rights and any other similar rights, in each case on a worldwide basis, and copies and tangible embodiments thereof, in whatever form or medium.\n   4. “License” means the right to use the Software pursuant to Section ‎2.1 to this Agreement.\n   5.  “Software” means Applitools’ software development kit software in object or source code version, Documentation and any updates and upgrade thereto (to the extent delivered).\n1. License\n   1. Grant of License. Subject to the terms and conditions of this Agreement, Applitools grants You, during the Term, a personal, non-exclusive, non-sublicensable, non-transferable, revocable license to: (i) use the Software solely for Your own personal (non-commercial) use and (ii) use and display Applitools’ Marks solely for the purpose of publicizing or advertising that You are using the Software. \n   2. Documentation. Applitools may make available Documentation to Licensee for Licensee to use solely in connection with Licensee’s use of the Software during the term of this Agreement. Licensee may print or copy the Documentation as needed for its own purposes provided that all copyright notices are included therein. The Documentation shall be considered the Confidential Information of Applitools. \n   1. Reservation of Rights; Use Restrictions. Other than the rights explicitly granted in this Agreement, Licensee shall have no other rights, express or implied, in the Software. Without limiting the generality of the foregoing, Licensee agrees and undertakes not to: (i) allow any third party to use the Software in any manner, including but not limited to, sell, lease, sublicense or distribute the Software, or any part thereof; (ii) modify, revise, or alter the Software or reverse engineer, decompile, disassemble or otherwise reduce to human-perceivable form the Software’s source code; (iii) copy or allow copies of the Software to be made; (iv) remove, alter or obscure any proprietary notice or identification, including copyright, trademark, patent or other notices, contained in or displayed on or via the Software; (v) use the Software to violate any applicable laws, rules or regulations, or for any unlawful, harmful, irresponsible, or inappropriate purpose, or in any manner that breaches this Agreement, and/or (vi) represent that it possesses any proprietary interest in the Software.\n   1. Third Party Software. Licensee acknowledges and agrees that any third party software (“Third Party Software”) that provided with the Software is provided under the terms of the license attached/linked thereto or, if no such license is attached, such Third Party Software is provided for free and on “AS IS” basis. Applitools is not liable for any losses or damages which may occur resulting from the use of any Third Party Software. Applitools does not possess any proprietary interest in such Third Party Software. \n   1. Open Source Licenses. The Software includes certain open source code software and materials (as shall be listed in the documentation of the Software) (“Open Source Software”) that are subject to their respective open source licenses (“Open Source Licenses”). Such Open Source Licenses contain a list of conditions with respect to warranty, copyright policy and other provisions. By executing this Agreement, Licensee undertakes to strictly comply with the terms and condition of the Open Source Licenses, as may be amended from time to time. In order to comply with the Open Source Licenses, Licensee shall read the respective licenses or notices, such list of Open Source Licenses may be amended from time to time by Applitools, at its sole discretion. In the event of any inconsistencies or conflicting provisions between the provisions of the Open Source Licenses and the provisions of this Agreement, the provisions of the Open Source Licenses shall prevail. Without derogating from the generality of the foregoing, it is clarified that any Open Source Software is provided on an “AS IS” basis, without indemnity or warranty of any kind, whether express or implied. For clarity, the representations and warranties set forth in Section ‎4 hereunder shall not apply to any Open Source Software.\n1. Title & Ownership. APPLITOOLS DOES NOT SELL OR TRANSFER TITLE IN THE SOFTWARE, OR ANY PART THEREOF, TO LICENSEE. The Documentation, Software (excluding any Open Source Software and Third Party Software therein which are owned by their respective licensors) and/or any copies thereof, including without limitation any derivative works made (regardless of whether such derivative works were made and/or developed pursuant to the request and/or specifications of Licensee, and irrespective of any support and/or assistance Applitools may, will or had received from Licensee, or any third party on its behalf, with respect thereto), as well as any updates or upgrades thereto, if provided to Applitools pursuant to this Agreement, shall remain Applitools’ sole and exclusive property. All Intellectual Property Rights evidenced by or embodied in and/or attached/connected/related to the Software, or part thereof, are and shall be owned solely and exclusively by Applitools. Nothing in this Agreement shall constitute a waiver of Applitools’ Intellectual Property Rights under any law, or be in any way construed or interpreted as such. It is further agreed that to the extent Licensee provides Applitools with Feedback, Licensee acknowledges that any and all rights, including Intellectual Property Rights in such Feedback shall belong exclusively to Applitools and Licensee hereby irrevocably and unconditionally transfers and assigns to Applitools all intellectual property rights in such Feedback and waives any and all moral rights that Licensee may have in respect thereto. It is further understood that use of Feedback, if any, may be made by Applitools at its sole discretion, and that Applitools in no way shall be obliged to make use of any kind of the Feedback or part thereof. \n1. Warranty. Applitools warrants that to its knowledge it has the right to grant the license under this Agreement. Applitools’ sole liability for any breach of this warranty or any other warranty under this Agreement shall be, at Applitools’ sole discretion: (i) to replace or repair the Software or the applicable portion thereof; or (ii) to terminate this Agreement.\n2. Warranty Exclusions. The warranties set forth in Section ‎4 are contingent upon Licensee’s proper use of the Software, and shall not apply to damage caused by abuse, misuse, alteration, neglect or unauthorized repair or installation, or by the use or attempted use of Software other than that supplied and supported by Applitools. Applitools will use reasonable commercial efforts to repair or replace the Software or the applicable portion thereof, pursuant to the foregoing warranty within thirty (30) days of being so notified.\n1. Warranty Disclaimers. AS BETWEEN LICENSEE AND APPLITOOLS, EXCEPT AS SET IN SECTION ‎4, THE SOFTWARE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND INCLUDING, WITHOUT LIMITATION, REPRESENTATIONS, WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR INTENDED OR PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, THAT THE SOFTWARE WILL MEET LICENSEE’S REQUIREMENTS OR EXPECTATIONS OR WILL ACHIEVE ANY SPECIFIC RESULTS AND THOSE ARISING BY STATUTE OR FROM A COURSE OF DEALING OR USAGE OF TRADE. Applicable law may not allow the exclusion of certain warranties, so to that extent such exclusions may not apply.\n1. High Risk Activities. You acknowledge that the Software is not fault tolerant and is not designed, manufactured, or intended for use or resale as on-line control equipment in hazardous or high risk environments and activities requiring fail-safe performance (such as in the operation of nuclear facilities, aircraft navigation or communication systems, air traffic control, direct life support machines and/or devices, or weapons systems) in which the failure of the Software could lead directly to death, personal injury, or severe physical or environmental damage, and You agree not to use or allow the use of the Software or any portion thereof for, or in connection with, any such environment or activity.\n1. Indemnify. You agree that Applitools shall have no liability whatsoever for any use made of the Software by You or any third party. You hereby agree to defend, indemnify and hold harmless Applitools and its affiliates and their respective officers, directors, agents and employees from any and all claims, damages, liabilities, costs, and expenses (including attorney’s fees) arising from claims related to Your use of the Software as well as from Your failure to comply with this Agreement.\n1. Limitation of Liability. UNDER NO CIRCUMSTANCES SHALL APPLITOOLS AND/OR ITS AFFILIATES BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, OR FOR ANY LOSS OF DATA, REVENUE, BUSINESS OR REPUTATION, THAT ARISES UNDER OR IN CONNECTION WITH THIS AGREEMENT, OR THAT RESULTS FROM THE USE OF, OR THE INABILITY TO USE, THE SOFTWARE. APPLITOOLS’S TOTAL AGGREGATE LIABILITY FOR ANY AND ALL DIRECT DAMAGES AND LOSSES THAT ARISE UNDER OR IN CONNECTION WITH THIS AGREEMENT SHALL NOT IN ANY CIRCUMSTANCE EXCEED THE AMOUNT OF 100.00 (ONE HUNDRED) UNITED STATES DOLLARS. THE FOREGOING LIMITATIONS AND EXCLUSIONS IN THIS SECTION ‎7 SHALL APPLY: (I) EVEN IF APPLITOOLS HAS BEEN ADVISED OF THE POSSIBILITY OF ANY DAMAGES OR LOSSES; (II) EVEN IF ANY REMEDY SET FORTH HEREIN FAILS OF ITS ESSENTIAL PURPOSE; AND (III) REGARDLESS OF THE BASIS OR THEORY OF LIABILITY.\n1. Export Laws. Licensee agrees to comply fully with all U.S., EU, Israeli, and all applicable export laws and regulations to ensure that neither the Software nor any technical data related thereto are exported or re-exported directly or indirectly in violation of, or used for any purposes prohibited by, such laws and regulations. For clarity, and without derogating from Section ‎11 below, in case of any change of any applicable law, policy or regulation, which might affect Applitools’ business, Applitools will have the right to terminate this Agreement and the license granted hereunder and the Licensee shall have no claims regarding such termination. \n1. Term and Termination. This Agreement shall continue until terminated as set forth in this section (the “Term”). You may terminate this Agreement at any time by removing the Software from Your system and destroying all copies of the Software and Documentation relating to the Software. Unauthorized copying of the Software or otherwise failing to comply with this Agreement will result in automatic immediate termination of this Agreement and will make available to Applitools legal remedies. Applitools reserves the right to terminate this Agreement and the License at any time and without notice. Upon termination of this Agreement, the License will terminate and You: (i) will cease any and all rights to use the Software, and (ii) will remove the Software from all hard drives, networks and other storage media and destroy all copies of the Software in your possession or under your control. The provisions of Sections ‎2.3, ‎2.4, ‎2.5, ‎6, ‎7, ‎8, ‎9, 10, ‎11 and ‎12 shall survive the termination, expiration or other ending of this Agreement.\n1. Miscellaneous. This Agreement represents the complete agreement concerning the Software between You and Applitools and supersedes all prior agreements and representations between You and Applitools. If any provision of this Agreement is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable. Any waiver of any provision of this Agreement will be effective only if in writing and signed by Applitools. This Agreement is personal to You and may not be assigned or transferred for any reason whatsoever without the consent of Applitools and any action or conduct in violation of the foregoing shall be void and without effect. Applitools expressly reserves the right to assign this Agreement and to delegate any of its obligations hereunder. This Agreement are governed by and construed under the laws of the State of Israel, excluding its conflicts of law rules. You expressly agree that the exclusive jurisdiction for any claim or action arising out of or relating to this Agreement shall be the courts located in Tel Aviv, Israel, and You further agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action. In any action or proceeding to enforce rights under this Agreement, the prevailing party shall be entitled to recover costs and attorneys’ 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BY INSTALLING, ACCESSING AND/OR USING THE SOFTWARE (AS DEFINED BELOW), YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOU, OR THE COMPANY YOU REPRESENT, (“YOU” OR “LICENSEE”) ARE ENTERING INTO A LEGAL AGREEMENT WITH APPLITOOLS LTD. AND ITS AFFILIATES (“APPLITOOLS”), AND HAVE UNDERSTOOD AND AGREE TO COMPLY WITH, AND BE LEGALLY BOUND BY, THE TERMS AND CONDITIONS OF THIS AGREEMENT. YOU HEREBY WAIVE ANY RIGHTS OR REQUIREMENTS UNDER ANY LAWS OR REGULATIONS IN ANY JURISDICTION WHICH REQUIRE AN ORIGINAL (NON-ELECTRONIC) SIGNATURE OR DELIVERY OR RETENTION OF NON-ELECTRONIC RECORDS, TO THE EXTENT PERMITTED UNDER APPLICABLE LAW. \nTHE SOFTWARE MAY BE USED SOLELY FOR YOUR PERSONAL, NON-COMMERCIAL PURPOSES. FOR COMMERCIAL PURPOSES PLEASE CONTACT THE REGIONAL APPLITOOLS BUSINESS REPRESENTATIVE. \n1. Definitions. For purposes of this Agreement, the following capitalized terms shall have the following meaning:\n   1. “Documentation” means the user’s guides and technical manuals delivered by Applitools to Licensee.\n   2.  “Feedback” means suggestions, comments or feedback (whether orally or in writing) with respect to the Software.\n   3. “Intellectual Property Rights” means all intangible legal rights, titles and interests evidenced by or embodied in all: (i) inventions (regardless of patentability and whether or not reduced to practice), improvements thereto, patents, patent applications, patent disclosures, together with all reissuances, continuations, continuations in part, revisions, extensions and reexaminations thereof; (ii) trademarks, service marks, trade dress, logos, trade names, corporate names, together with translations, adaptations, derivations and combinations thereof, including goodwill associated therewith, and applications, registrations, and renewals in connection therewith; (iii) any work of authorship, regardless of copyrightable, copyrightable works, copyrights (including moral rights), and applications, registrations and renewals in connection therewith; (iv) mask works and applications, registrations and renewals in connection therewith; (v) trade secrets and Confidential Information; and (vi) other proprietary rights and any other similar rights, in each case on a worldwide basis, and copies and tangible embodiments thereof, in whatever form or medium.\n   4. “License” means the right to use the Software pursuant to Section ‎2.1 to this Agreement.\n   5.  “Software” means Applitools’ software development kit software in object or source code version, Documentation and any updates and upgrade thereto (to the extent delivered).\n1. License\n   1. Grant of License. Subject to the terms and conditions of this Agreement, Applitools grants You, during the Term, a personal, non-exclusive, non-sublicensable, non-transferable, revocable license to: (i) use the Software solely for Your own personal (non-commercial) use and (ii) use and display Applitools’ Marks solely for the purpose of publicizing or advertising that You are using the Software. \n   2. Documentation. Applitools may make available Documentation to Licensee for Licensee to use solely in connection with Licensee’s use of the Software during the term of this Agreement. Licensee may print or copy the Documentation as needed for its own purposes provided that all copyright notices are included therein. The Documentation shall be considered the Confidential Information of Applitools. \n   1. Reservation of Rights; Use Restrictions. Other than the rights explicitly granted in this Agreement, Licensee shall have no other rights, express or implied, in the Software. Without limiting the generality of the foregoing, Licensee agrees and undertakes not to: (i) allow any third party to use the Software in any manner, including but not limited to, sell, lease, sublicense or distribute the Software, or any part thereof; (ii) modify, revise, or alter the Software or reverse engineer, decompile, disassemble or otherwise reduce to human-perceivable form the Software’s source code; (iii) copy or allow copies of the Software to be made; (iv) remove, alter or obscure any proprietary notice or identification, including copyright, trademark, patent or other notices, contained in or displayed on or via the Software; (v) use the Software to violate any applicable laws, rules or regulations, or for any unlawful, harmful, irresponsible, or inappropriate purpose, or in any manner that breaches this Agreement, and/or (vi) represent that it possesses any proprietary interest in the Software.\n   1. Third Party Software. Licensee acknowledges and agrees that any third party software (“Third Party Software”) that provided with the Software is provided under the terms of the license attached/linked thereto or, if no such license is attached, such Third Party Software is provided for free and on “AS IS” basis. Applitools is not liable for any losses or damages which may occur resulting from the use of any Third Party Software. Applitools does not possess any proprietary interest in such Third Party Software. \n   1. Open Source Licenses. The Software includes certain open source code software and materials (as shall be listed in the documentation of the Software) (“Open Source Software”) that are subject to their respective open source licenses (“Open Source Licenses”). Such Open Source Licenses contain a list of conditions with respect to warranty, copyright policy and other provisions. By executing this Agreement, Licensee undertakes to strictly comply with the terms and condition of the Open Source Licenses, as may be amended from time to time. In order to comply with the Open Source Licenses, Licensee shall read the respective licenses or notices, such list of Open Source Licenses may be amended from time to time by Applitools, at its sole discretion. In the event of any inconsistencies or conflicting provisions between the provisions of the Open Source Licenses and the provisions of this Agreement, the provisions of the Open Source Licenses shall prevail. Without derogating from the generality of the foregoing, it is clarified that any Open Source Software is provided on an “AS IS” basis, without indemnity or warranty of any kind, whether express or implied. For clarity, the representations and warranties set forth in Section ‎4 hereunder shall not apply to any Open Source Software.\n1. Title & Ownership. APPLITOOLS DOES NOT SELL OR TRANSFER TITLE IN THE SOFTWARE, OR ANY PART THEREOF, TO LICENSEE. The Documentation, Software (excluding any Open Source Software and Third Party Software therein which are owned by their respective licensors) and/or any copies thereof, including without limitation any derivative works made (regardless of whether such derivative works were made and/or developed pursuant to the request and/or specifications of Licensee, and irrespective of any support and/or assistance Applitools may, will or had received from Licensee, or any third party on its behalf, with respect thereto), as well as any updates or upgrades thereto, if provided to Applitools pursuant to this Agreement, shall remain Applitools’ sole and exclusive property. All Intellectual Property Rights evidenced by or embodied in and/or attached/connected/related to the Software, or part thereof, are and shall be owned solely and exclusively by Applitools. Nothing in this Agreement shall constitute a waiver of Applitools’ Intellectual Property Rights under any law, or be in any way construed or interpreted as such. It is further agreed that to the extent Licensee provides Applitools with Feedback, Licensee acknowledges that any and all rights, including Intellectual Property Rights in such Feedback shall belong exclusively to Applitools and Licensee hereby irrevocably and unconditionally transfers and assigns to Applitools all intellectual property rights in such Feedback and waives any and all moral rights that Licensee may have in respect thereto. It is further understood that use of Feedback, if any, may be made by Applitools at its sole discretion, and that Applitools in no way shall be obliged to make use of any kind of the Feedback or part thereof. \n1. Warranty. Applitools warrants that to its knowledge it has the right to grant the license under this Agreement. Applitools’ sole liability for any breach of this warranty or any other warranty under this Agreement shall be, at Applitools’ sole discretion: (i) to replace or repair the Software or the applicable portion thereof; or (ii) to terminate this Agreement.\n2. Warranty Exclusions. The warranties set forth in Section ‎4 are contingent upon Licensee’s proper use of the Software, and shall not apply to damage caused by abuse, misuse, alteration, neglect or unauthorized repair or installation, or by the use or attempted use of Software other than that supplied and supported by Applitools. Applitools will use reasonable commercial efforts to repair or replace the Software or the applicable portion thereof, pursuant to the foregoing warranty within thirty (30) days of being so notified.\n1. Warranty Disclaimers. AS BETWEEN LICENSEE AND APPLITOOLS, EXCEPT AS SET IN SECTION ‎4, THE SOFTWARE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND INCLUDING, WITHOUT LIMITATION, REPRESENTATIONS, WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR INTENDED OR PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, THAT THE SOFTWARE WILL MEET LICENSEE’S REQUIREMENTS OR EXPECTATIONS OR WILL ACHIEVE ANY SPECIFIC RESULTS AND THOSE ARISING BY STATUTE OR FROM A COURSE OF DEALING OR USAGE OF TRADE. Applicable law may not allow the exclusion of certain warranties, so to that extent such exclusions may not apply.\n1. High Risk Activities. You acknowledge that the Software is not fault tolerant and is not designed, manufactured, or intended for use or resale as on-line control equipment in hazardous or high risk environments and activities requiring fail-safe performance (such as in the operation of nuclear facilities, aircraft navigation or communication systems, air traffic control, direct life support machines and/or devices, or weapons systems) in which the failure of the Software could lead directly to death, personal injury, or severe physical or environmental damage, and You agree not to use or allow the use of the Software or any portion thereof for, or in connection with, any such environment or activity.\n1. Indemnify. You agree that Applitools shall have no liability whatsoever for any use made of the Software by You or any third party. You hereby agree to defend, indemnify and hold harmless Applitools and its affiliates and their respective officers, directors, agents and employees from any and all claims, damages, liabilities, costs, and expenses (including attorney’s fees) arising from claims related to Your use of the Software as well as from Your failure to comply with this Agreement.\n1. Limitation of Liability. UNDER NO CIRCUMSTANCES SHALL APPLITOOLS AND/OR ITS AFFILIATES BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, OR FOR ANY LOSS OF DATA, REVENUE, BUSINESS OR REPUTATION, THAT ARISES UNDER OR IN CONNECTION WITH THIS AGREEMENT, OR THAT RESULTS FROM THE USE OF, OR THE INABILITY TO USE, THE SOFTWARE. APPLITOOLS’S TOTAL AGGREGATE LIABILITY FOR ANY AND ALL DIRECT DAMAGES AND LOSSES THAT ARISE UNDER OR IN CONNECTION WITH THIS AGREEMENT SHALL NOT IN ANY CIRCUMSTANCE EXCEED THE AMOUNT OF 100.00 (ONE HUNDRED) UNITED STATES DOLLARS. THE FOREGOING LIMITATIONS AND EXCLUSIONS IN THIS SECTION ‎7 SHALL APPLY: (I) EVEN IF APPLITOOLS HAS BEEN ADVISED OF THE POSSIBILITY OF ANY DAMAGES OR LOSSES; (II) EVEN IF ANY REMEDY SET FORTH HEREIN FAILS OF ITS ESSENTIAL PURPOSE; AND (III) REGARDLESS OF THE BASIS OR THEORY OF LIABILITY.\n1. Export Laws. Licensee agrees to comply fully with all U.S., EU, Israeli, and all applicable export laws and regulations to ensure that neither the Software nor any technical data related thereto are exported or re-exported directly or indirectly in violation of, or used for any purposes prohibited by, such laws and regulations. For clarity, and without derogating from Section ‎11 below, in case of any change of any applicable law, policy or regulation, which might affect Applitools’ business, Applitools will have the right to terminate this Agreement and the license granted hereunder and the Licensee shall have no claims regarding such termination. \n1. Term and Termination. This Agreement shall continue until terminated as set forth in this section (the “Term”). You may terminate this Agreement at any time by removing the Software from Your system and destroying all copies of the Software and Documentation relating to the Software. Unauthorized copying of the Software or otherwise failing to comply with this Agreement will result in automatic immediate termination of this Agreement and will make available to Applitools legal remedies. Applitools reserves the right to terminate this Agreement and the License at any time and without notice. Upon termination of this Agreement, the License will terminate and You: (i) will cease any and all rights to use the Software, and (ii) will remove the Software from all hard drives, networks and other storage media and destroy all copies of the Software in your possession or under your control. The provisions of Sections ‎2.3, ‎2.4, ‎2.5, ‎6, ‎7, ‎8, ‎9, 10, ‎11 and ‎12 shall survive the termination, expiration or other ending of this Agreement.\n1. Miscellaneous. This Agreement represents the complete agreement concerning the Software between You and Applitools and supersedes all prior agreements and representations between You and Applitools. If any provision of this Agreement is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable. Any waiver of any provision of this Agreement will be effective only if in writing and signed by Applitools. This Agreement is personal to You and may not be assigned or transferred for any reason whatsoever without the consent of Applitools and any action or conduct in violation of the foregoing shall be void and without effect. Applitools expressly reserves the right to assign this Agreement and to delegate any of its obligations hereunder. This Agreement are governed by and construed under the laws of the State of Israel, excluding its conflicts of law rules. You expressly agree that the exclusive jurisdiction for any claim or action arising out of or relating to this Agreement shall be the courts located in Tel Aviv, Israel, and You further agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action. In any action or proceeding to enforce rights under this Agreement, the prevailing party shall be entitled to recover costs and attorneys’ 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BY INSTALLING, ACCESSING AND/OR USING THE SOFTWARE (AS DEFINED BELOW), YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOU, OR THE COMPANY YOU REPRESENT, (“YOU” OR “LICENSEE”) ARE ENTERING INTO A LEGAL AGREEMENT WITH APPLITOOLS LTD. AND ITS AFFILIATES (“APPLITOOLS”), AND HAVE UNDERSTOOD AND AGREE TO COMPLY WITH, AND BE LEGALLY BOUND BY, THE TERMS AND CONDITIONS OF THIS AGREEMENT. YOU HEREBY WAIVE ANY RIGHTS OR REQUIREMENTS UNDER ANY LAWS OR REGULATIONS IN ANY JURISDICTION WHICH REQUIRE AN ORIGINAL (NON-ELECTRONIC) SIGNATURE OR DELIVERY OR RETENTION OF NON-ELECTRONIC RECORDS, TO THE EXTENT PERMITTED UNDER APPLICABLE LAW. \nTHE SOFTWARE MAY BE USED SOLELY FOR YOUR PERSONAL, NON-COMMERCIAL PURPOSES. FOR COMMERCIAL PURPOSES PLEASE CONTACT THE REGIONAL APPLITOOLS BUSINESS REPRESENTATIVE. \n1. Definitions. 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License\n   1. Grant of License. Subject to the terms and conditions of this Agreement, Applitools grants You, during the Term, a personal, non-exclusive, non-sublicensable, non-transferable, revocable license to: (i) use the Software solely for Your own personal (non-commercial) use and (ii) use and display Applitools’ Marks solely for the purpose of publicizing or advertising that You are using the Software. \n   2. Documentation. Applitools may make available Documentation to Licensee for Licensee to use solely in connection with Licensee’s use of the Software during the term of this Agreement. Licensee may print or copy the Documentation as needed for its own purposes provided that all copyright notices are included therein. The Documentation shall be considered the Confidential Information of Applitools. \n   1. Reservation of Rights; Use Restrictions. Other than the rights explicitly granted in this Agreement, Licensee shall have no other rights, express or implied, in the Software. Without limiting the generality of the foregoing, Licensee agrees and undertakes not to: (i) allow any third party to use the Software in any manner, including but not limited to, sell, lease, sublicense or distribute the Software, or any part thereof; (ii) modify, revise, or alter the Software or reverse engineer, decompile, disassemble or otherwise reduce to human-perceivable form the Software’s source code; (iii) copy or allow copies of the Software to be made; (iv) remove, alter or obscure any proprietary notice or identification, including copyright, trademark, patent or other notices, contained in or displayed on or via the Software; (v) use the Software to violate any applicable laws, rules or regulations, or for any unlawful, harmful, irresponsible, or inappropriate purpose, or in any manner that breaches this Agreement, and/or (vi) represent that it possesses any proprietary interest in the Software.\n   1. Third Party Software. Licensee acknowledges and agrees that any third party software (“Third Party Software”) that provided with the Software is provided under the terms of the license attached/linked thereto or, if no such license is attached, such Third Party Software is provided for free and on “AS IS” basis. Applitools is not liable for any losses or damages which may occur resulting from the use of any Third Party Software. Applitools does not possess any proprietary interest in such Third Party Software. \n   1. Open Source Licenses. The Software includes certain open source code software and materials (as shall be listed in the documentation of the Software) (“Open Source Software”) that are subject to their respective open source licenses (“Open Source Licenses”). Such Open Source Licenses contain a list of conditions with respect to warranty, copyright policy and other provisions. By executing this Agreement, Licensee undertakes to strictly comply with the terms and condition of the Open Source Licenses, as may be amended from time to time. In order to comply with the Open Source Licenses, Licensee shall read the respective licenses or notices, such list of Open Source Licenses may be amended from time to time by Applitools, at its sole discretion. In the event of any inconsistencies or conflicting provisions between the provisions of the Open Source Licenses and the provisions of this Agreement, the provisions of the Open Source Licenses shall prevail. Without derogating from the generality of the foregoing, it is clarified that any Open Source Software is provided on an “AS IS” basis, without indemnity or warranty of any kind, whether express or implied. For clarity, the representations and warranties set forth in Section ‎4 hereunder shall not apply to any Open Source Software.\n1. Title & Ownership. APPLITOOLS DOES NOT SELL OR TRANSFER TITLE IN THE SOFTWARE, OR ANY PART THEREOF, TO LICENSEE. The Documentation, Software (excluding any Open Source Software and Third Party Software therein which are owned by their respective licensors) and/or any copies thereof, including without limitation any derivative works made (regardless of whether such derivative works were made and/or developed pursuant to the request and/or specifications of Licensee, and irrespective of any support and/or assistance Applitools may, will or had received from Licensee, or any third party on its behalf, with respect thereto), as well as any updates or upgrades thereto, if provided to Applitools pursuant to this Agreement, shall remain Applitools’ sole and exclusive property. All Intellectual Property Rights evidenced by or embodied in and/or attached/connected/related to the Software, or part thereof, are and shall be owned solely and exclusively by Applitools. Nothing in this Agreement shall constitute a waiver of Applitools’ Intellectual Property Rights under any law, or be in any way construed or interpreted as such. It is further agreed that to the extent Licensee provides Applitools with Feedback, Licensee acknowledges that any and all rights, including Intellectual Property Rights in such Feedback shall belong exclusively to Applitools and Licensee hereby irrevocably and unconditionally transfers and assigns to Applitools all intellectual property rights in such Feedback and waives any and all moral rights that Licensee may have in respect thereto. It is further understood that use of Feedback, if any, may be made by Applitools at its sole discretion, and that Applitools in no way shall be obliged to make use of any kind of the Feedback or part thereof. \n1. Warranty. Applitools warrants that to its knowledge it has the right to grant the license under this Agreement. 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AS BETWEEN LICENSEE AND APPLITOOLS, EXCEPT AS SET IN SECTION ‎4, THE SOFTWARE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND INCLUDING, WITHOUT LIMITATION, REPRESENTATIONS, WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR INTENDED OR PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, THAT THE SOFTWARE WILL MEET LICENSEE’S REQUIREMENTS OR EXPECTATIONS OR WILL ACHIEVE ANY SPECIFIC RESULTS AND THOSE ARISING BY STATUTE OR FROM A COURSE OF DEALING OR USAGE OF TRADE. Applicable law may not allow the exclusion of certain warranties, so to that extent such exclusions may not apply.\n1. High Risk Activities. You acknowledge that the Software is not fault tolerant and is not designed, manufactured, or intended for use or resale as on-line control equipment in hazardous or high risk environments and activities requiring fail-safe performance (such as in the operation of nuclear facilities, aircraft navigation or communication systems, air traffic control, direct life support machines and/or devices, or weapons systems) in which the failure of the Software could lead directly to death, personal injury, or severe physical or environmental damage, and You agree not to use or allow the use of the Software or any portion thereof for, or in connection with, any such environment or activity.\n1. Indemnify. You agree that Applitools shall have no liability whatsoever for any use made of the Software by You or any third party. You hereby agree to defend, indemnify and hold harmless Applitools and its affiliates and their respective officers, directors, agents and employees from any and all claims, damages, liabilities, costs, and expenses (including attorney’s fees) arising from claims related to Your use of the Software as well as from Your failure to comply with this Agreement.\n1. Limitation of Liability. UNDER NO CIRCUMSTANCES SHALL APPLITOOLS AND/OR ITS AFFILIATES BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, OR FOR ANY LOSS OF DATA, REVENUE, BUSINESS OR REPUTATION, THAT ARISES UNDER OR IN CONNECTION WITH THIS AGREEMENT, OR THAT RESULTS FROM THE USE OF, OR THE INABILITY TO USE, THE SOFTWARE. APPLITOOLS’S TOTAL AGGREGATE LIABILITY FOR ANY AND ALL DIRECT DAMAGES AND LOSSES THAT ARISE UNDER OR IN CONNECTION WITH THIS AGREEMENT SHALL NOT IN ANY CIRCUMSTANCE EXCEED THE AMOUNT OF 100.00 (ONE HUNDRED) UNITED STATES DOLLARS. THE FOREGOING LIMITATIONS AND EXCLUSIONS IN THIS SECTION ‎7 SHALL APPLY: (I) EVEN IF APPLITOOLS HAS BEEN ADVISED OF THE POSSIBILITY OF ANY DAMAGES OR LOSSES; (II) EVEN IF ANY REMEDY SET FORTH HEREIN FAILS OF ITS ESSENTIAL PURPOSE; AND (III) REGARDLESS OF THE BASIS OR THEORY OF LIABILITY.\n1. Export Laws. Licensee agrees to comply fully with all U.S., EU, Israeli, and all applicable export laws and regulations to ensure that neither the Software nor any technical data related thereto are exported or re-exported directly or indirectly in violation of, or used for any purposes prohibited by, such laws and regulations. For clarity, and without derogating from Section ‎11 below, in case of any change of any applicable law, policy or regulation, which might affect Applitools’ business, Applitools will have the right to terminate this Agreement and the license granted hereunder and the Licensee shall have no claims regarding such termination. \n1. Term and Termination. This Agreement shall continue until terminated as set forth in this section (the “Term”). You may terminate this Agreement at any time by removing the Software from Your system and destroying all copies of the Software and Documentation relating to the Software. Unauthorized copying of the Software or otherwise failing to comply with this Agreement will result in automatic immediate termination of this Agreement and will make available to Applitools legal remedies. Applitools reserves the right to terminate this Agreement and the License at any time and without notice. Upon termination of this Agreement, the License will terminate and You: (i) will cease any and all rights to use the Software, and (ii) will remove the Software from all hard drives, networks and other storage media and destroy all copies of the Software in your possession or under your control. 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BY INSTALLING, ACCESSING AND/OR USING THE SOFTWARE (AS DEFINED BELOW), YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOU, OR THE COMPANY YOU REPRESENT, (“YOU” OR “LICENSEE”) ARE ENTERING INTO A LEGAL AGREEMENT WITH APPLITOOLS LTD. AND ITS AFFILIATES (“APPLITOOLS”), AND HAVE UNDERSTOOD AND AGREE TO COMPLY WITH, AND BE LEGALLY BOUND BY, THE TERMS AND CONDITIONS OF THIS AGREEMENT. YOU HEREBY WAIVE ANY RIGHTS OR REQUIREMENTS UNDER ANY LAWS OR REGULATIONS IN ANY JURISDICTION WHICH REQUIRE AN ORIGINAL (NON-ELECTRONIC) SIGNATURE OR DELIVERY OR RETENTION OF NON-ELECTRONIC RECORDS, TO THE EXTENT PERMITTED UNDER APPLICABLE LAW. \nTHE SOFTWARE MAY BE USED SOLELY FOR YOUR PERSONAL, NON-COMMERCIAL PURPOSES. FOR COMMERCIAL PURPOSES PLEASE CONTACT THE REGIONAL APPLITOOLS BUSINESS REPRESENTATIVE. \n1. Definitions. For purposes of this Agreement, the following capitalized terms shall have the following meaning:\n   1. “Documentation” means the user’s guides and technical manuals delivered by Applitools to Licensee.\n   2.  “Feedback” means suggestions, comments or feedback (whether orally or in writing) with respect to the Software.\n   3. “Intellectual Property Rights” means all intangible legal rights, titles and interests evidenced by or embodied in all: (i) inventions (regardless of patentability and whether or not reduced to practice), improvements thereto, patents, patent applications, patent disclosures, together with all reissuances, continuations, continuations in part, revisions, extensions and reexaminations thereof; (ii) trademarks, service marks, trade dress, logos, trade names, corporate names, together with translations, adaptations, derivations and combinations thereof, including goodwill associated therewith, and applications, registrations, and renewals in connection therewith; (iii) any work of authorship, regardless of copyrightable, copyrightable works, copyrights (including moral rights), and applications, registrations and renewals in connection therewith; (iv) mask works and applications, registrations and renewals in connection therewith; (v) trade secrets and Confidential Information; and (vi) other proprietary rights and any other similar rights, in each case on a worldwide basis, and copies and tangible embodiments thereof, in whatever form or medium.\n   4. “License” means the right to use the Software pursuant to Section ‎2.1 to this Agreement.\n   5.  “Software” means Applitools’ software development kit software in object or source code version, Documentation and any updates and upgrade thereto (to the extent delivered).\n1. License\n   1. Grant of License. Subject to the terms and conditions of this Agreement, Applitools grants You, during the Term, a personal, non-exclusive, non-sublicensable, non-transferable, revocable license to: (i) use the Software solely for Your own personal (non-commercial) use and (ii) use and display Applitools’ Marks solely for the purpose of publicizing or advertising that You are using the Software. \n   2. Documentation. Applitools may make available Documentation to Licensee for Licensee to use solely in connection with Licensee’s use of the Software during the term of this Agreement. Licensee may print or copy the Documentation as needed for its own purposes provided that all copyright notices are included therein. The Documentation shall be considered the Confidential Information of Applitools. \n   1. Reservation of Rights; Use Restrictions. Other than the rights explicitly granted in this Agreement, Licensee shall have no other rights, express or implied, in the Software. Without limiting the generality of the foregoing, Licensee agrees and undertakes not to: (i) allow any third party to use the Software in any manner, including but not limited to, sell, lease, sublicense or distribute the Software, or any part thereof; (ii) modify, revise, or alter the Software or reverse engineer, decompile, disassemble or otherwise reduce to human-perceivable form the Software’s source code; (iii) copy or allow copies of the Software to be made; (iv) remove, alter or obscure any proprietary notice or identification, including copyright, trademark, patent or other notices, contained in or displayed on or via the Software; (v) use the Software to violate any applicable laws, rules or regulations, or for any unlawful, harmful, irresponsible, or inappropriate purpose, or in any manner that breaches this Agreement, and/or (vi) represent that it possesses any proprietary interest in the Software.\n   1. Third Party Software. Licensee acknowledges and agrees that any third party software (“Third Party Software”) that provided with the Software is provided under the terms of the license attached/linked thereto or, if no such license is attached, such Third Party Software is provided for free and on “AS IS” basis. Applitools is not liable for any losses or damages which may occur resulting from the use of any Third Party Software. Applitools does not possess any proprietary interest in such Third Party Software. \n   1. Open Source Licenses. The Software includes certain open source code software and materials (as shall be listed in the documentation of the Software) (“Open Source Software”) that are subject to their respective open source licenses (“Open Source Licenses”). Such Open Source Licenses contain a list of conditions with respect to warranty, copyright policy and other provisions. By executing this Agreement, Licensee undertakes to strictly comply with the terms and condition of the Open Source Licenses, as may be amended from time to time. In order to comply with the Open Source Licenses, Licensee shall read the respective licenses or notices, such list of Open Source Licenses may be amended from time to time by Applitools, at its sole discretion. In the event of any inconsistencies or conflicting provisions between the provisions of the Open Source Licenses and the provisions of this Agreement, the provisions of the Open Source Licenses shall prevail. Without derogating from the generality of the foregoing, it is clarified that any Open Source Software is provided on an “AS IS” basis, without indemnity or warranty of any kind, whether express or implied. For clarity, the representations and warranties set forth in Section ‎4 hereunder shall not apply to any Open Source Software.\n1. Title & Ownership. APPLITOOLS DOES NOT SELL OR TRANSFER TITLE IN THE SOFTWARE, OR ANY PART THEREOF, TO LICENSEE. The Documentation, Software (excluding any Open Source Software and Third Party Software therein which are owned by their respective licensors) and/or any copies thereof, including without limitation any derivative works made (regardless of whether such derivative works were made and/or developed pursuant to the request and/or specifications of Licensee, and irrespective of any support and/or assistance Applitools may, will or had received from Licensee, or any third party on its behalf, with respect thereto), as well as any updates or upgrades thereto, if provided to Applitools pursuant to this Agreement, shall remain Applitools’ sole and exclusive property. All Intellectual Property Rights evidenced by or embodied in and/or attached/connected/related to the Software, or part thereof, are and shall be owned solely and exclusively by Applitools. Nothing in this Agreement shall constitute a waiver of Applitools’ Intellectual Property Rights under any law, or be in any way construed or interpreted as such. It is further agreed that to the extent Licensee provides Applitools with Feedback, Licensee acknowledges that any and all rights, including Intellectual Property Rights in such Feedback shall belong exclusively to Applitools and Licensee hereby irrevocably and unconditionally transfers and assigns to Applitools all intellectual property rights in such Feedback and waives any and all moral rights that Licensee may have in respect thereto. It is further understood that use of Feedback, if any, may be made by Applitools at its sole discretion, and that Applitools in no way shall be obliged to make use of any kind of the Feedback or part thereof. \n1. Warranty. Applitools warrants that to its knowledge it has the right to grant the license under this Agreement. Applitools’ sole liability for any breach of this warranty or any other warranty under this Agreement shall be, at Applitools’ sole discretion: (i) to replace or repair the Software or the applicable portion thereof; or (ii) to terminate this Agreement.\n2. Warranty Exclusions. The warranties set forth in Section ‎4 are contingent upon Licensee’s proper use of the Software, and shall not apply to damage caused by abuse, misuse, alteration, neglect or unauthorized repair or installation, or by the use or attempted use of Software other than that supplied and supported by Applitools. Applitools will use reasonable commercial efforts to repair or replace the Software or the applicable portion thereof, pursuant to the foregoing warranty within thirty (30) days of being so notified.\n1. Warranty Disclaimers. AS BETWEEN LICENSEE AND APPLITOOLS, EXCEPT AS SET IN SECTION ‎4, THE SOFTWARE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND INCLUDING, WITHOUT LIMITATION, REPRESENTATIONS, WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR INTENDED OR PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, THAT THE SOFTWARE WILL MEET LICENSEE’S REQUIREMENTS OR EXPECTATIONS OR WILL ACHIEVE ANY SPECIFIC RESULTS AND THOSE ARISING BY STATUTE OR FROM A COURSE OF DEALING OR USAGE OF TRADE. Applicable law may not allow the exclusion of certain warranties, so to that extent such exclusions may not apply.\n1. High Risk Activities. You acknowledge that the Software is not fault tolerant and is not designed, manufactured, or intended for use or resale as on-line control equipment in hazardous or high risk environments and activities requiring fail-safe performance (such as in the operation of nuclear facilities, aircraft navigation or communication systems, air traffic control, direct life support machines and/or devices, or weapons systems) in which the failure of the Software could lead directly to death, personal injury, or severe physical or environmental damage, and You agree not to use or allow the use of the Software or any portion thereof for, or in connection with, any such environment or activity.\n1. Indemnify. You agree that Applitools shall have no liability whatsoever for any use made of the Software by You or any third party. You hereby agree to defend, indemnify and hold harmless Applitools and its affiliates and their respective officers, directors, agents and employees from any and all claims, damages, liabilities, costs, and expenses (including attorney’s fees) arising from claims related to Your use of the Software as well as from Your failure to comply with this Agreement.\n1. Limitation of Liability. UNDER NO CIRCUMSTANCES SHALL APPLITOOLS AND/OR ITS AFFILIATES BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, OR FOR ANY LOSS OF DATA, REVENUE, BUSINESS OR REPUTATION, THAT ARISES UNDER OR IN CONNECTION WITH THIS AGREEMENT, OR THAT RESULTS FROM THE USE OF, OR THE INABILITY TO USE, THE SOFTWARE. APPLITOOLS’S TOTAL AGGREGATE LIABILITY FOR ANY AND ALL DIRECT DAMAGES AND LOSSES THAT ARISE UNDER OR IN CONNECTION WITH THIS AGREEMENT SHALL NOT IN ANY CIRCUMSTANCE EXCEED THE AMOUNT OF 100.00 (ONE HUNDRED) UNITED STATES DOLLARS. THE FOREGOING LIMITATIONS AND EXCLUSIONS IN THIS SECTION ‎7 SHALL APPLY: (I) EVEN IF APPLITOOLS HAS BEEN ADVISED OF THE POSSIBILITY OF ANY DAMAGES OR LOSSES; (II) EVEN IF ANY REMEDY SET FORTH HEREIN FAILS OF ITS ESSENTIAL PURPOSE; AND (III) REGARDLESS OF THE BASIS OR THEORY OF LIABILITY.\n1. Export Laws. Licensee agrees to comply fully with all U.S., EU, Israeli, and all applicable export laws and regulations to ensure that neither the Software nor any technical data related thereto are exported or re-exported directly or indirectly in violation of, or used for any purposes prohibited by, such laws and regulations. For clarity, and without derogating from Section ‎11 below, in case of any change of any applicable law, policy or regulation, which might affect Applitools’ business, Applitools will have the right to terminate this Agreement and the license granted hereunder and the Licensee shall have no claims regarding such termination. \n1. Term and Termination. This Agreement shall continue until terminated as set forth in this section (the “Term”). You may terminate this Agreement at any time by removing the Software from Your system and destroying all copies of the Software and Documentation relating to the Software. Unauthorized copying of the Software or otherwise failing to comply with this Agreement will result in automatic immediate termination of this Agreement and will make available to Applitools legal remedies. Applitools reserves the right to terminate this Agreement and the License at any time and without notice. Upon termination of this Agreement, the License will terminate and You: (i) will cease any and all rights to use the Software, and (ii) will remove the Software from all hard drives, networks and other storage media and destroy all copies of the Software in your possession or under your control. The provisions of Sections ‎2.3, ‎2.4, ‎2.5, ‎6, ‎7, ‎8, ‎9, 10, ‎11 and ‎12 shall survive the termination, expiration or other ending of this Agreement.\n1. Miscellaneous. This Agreement represents the complete agreement concerning the Software between You and Applitools and supersedes all prior agreements and representations between You and Applitools. If any provision of this Agreement is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable. Any waiver of any provision of this Agreement will be effective only if in writing and signed by Applitools. This Agreement is personal to You and may not be assigned or transferred for any reason whatsoever without the consent of Applitools and any action or conduct in violation of the foregoing shall be void and without effect. Applitools expressly reserves the right to assign this Agreement and to delegate any of its obligations hereunder. This Agreement are governed by and construed under the laws of the State of Israel, excluding its conflicts of law rules. You expressly agree that the exclusive jurisdiction for any claim or action arising out of or relating to this Agreement shall be the courts located in Tel Aviv, Israel, and You further agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action. In any action or proceeding to enforce rights under this Agreement, the prevailing party shall be entitled to recover costs and attorneys’ 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publish-universal.yml --ref $(git rev-parse --abbrev-ref HEAD)","preversion":"bongo preversion && yarn build && yarn build:zip && yarn build:tgz","postversion":"bongo postversion"},"_npmUser":{"name":"applitools-admin","email":"team@applitools.com"},"repository":{"url":"git@github.com:applitools/eyes.sdk.javascript1.git","type":"git","directory":"packages/eyes-universal"},"description":"Applitools Eyes Universal SDK","directories":{},"licenseText":"-  -\nSDK LICENSE AGREEMENT\nIMPORTANT - PLEASE READ CAREFULLY THE TERMS OF THIS LICENSE AGREEMENT (“AGREEMENT”). BY INSTALLING, ACCESSING AND/OR USING THE SOFTWARE (AS DEFINED BELOW), YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOU, OR THE COMPANY YOU REPRESENT, (“YOU” OR “LICENSEE”) ARE ENTERING INTO A LEGAL AGREEMENT WITH APPLITOOLS LTD. AND ITS AFFILIATES (“APPLITOOLS”), AND HAVE UNDERSTOOD AND AGREE TO COMPLY WITH, AND BE LEGALLY BOUND BY, THE TERMS AND CONDITIONS OF THIS AGREEMENT. YOU HEREBY WAIVE ANY RIGHTS OR REQUIREMENTS UNDER ANY LAWS OR REGULATIONS IN ANY JURISDICTION WHICH REQUIRE AN ORIGINAL (NON-ELECTRONIC) SIGNATURE OR DELIVERY OR RETENTION OF NON-ELECTRONIC RECORDS, TO THE EXTENT PERMITTED UNDER APPLICABLE LAW. \nTHE SOFTWARE MAY BE USED SOLELY FOR YOUR PERSONAL, NON-COMMERCIAL PURPOSES. FOR COMMERCIAL PURPOSES PLEASE CONTACT THE REGIONAL APPLITOOLS BUSINESS REPRESENTATIVE. \n1. Definitions. For purposes of this Agreement, the following capitalized terms shall have the following meaning:\n   1. “Documentation” means the user’s guides and technical manuals delivered by Applitools to Licensee.\n   2.  “Feedback” means suggestions, comments or feedback (whether orally or in writing) with respect to the Software.\n   3. “Intellectual Property Rights” means all intangible legal rights, titles and interests evidenced by or embodied in all: (i) inventions (regardless of patentability and whether or not reduced to practice), improvements thereto, patents, patent applications, patent disclosures, together with all reissuances, continuations, continuations in part, revisions, extensions and reexaminations thereof; (ii) trademarks, service marks, trade dress, logos, trade names, corporate names, together with translations, adaptations, derivations and combinations thereof, including goodwill associated therewith, and applications, registrations, and renewals in connection therewith; (iii) any work of authorship, regardless of copyrightable, copyrightable works, copyrights (including moral rights), and applications, registrations and renewals in connection therewith; (iv) mask works and applications, registrations and renewals in connection therewith; (v) trade secrets and Confidential Information; and (vi) other proprietary rights and any other similar rights, in each case on a worldwide basis, and copies and tangible embodiments thereof, in whatever form or medium.\n   4. “License” means the right to use the Software pursuant to Section ‎2.1 to this Agreement.\n   5.  “Software” means Applitools’ software development kit software in object or source code version, Documentation and any updates and upgrade thereto (to the extent delivered).\n1. License\n   1. Grant of License. Subject to the terms and conditions of this Agreement, Applitools grants You, during the Term, a personal, non-exclusive, non-sublicensable, non-transferable, revocable license to: (i) use the Software solely for Your own personal (non-commercial) use and (ii) use and display Applitools’ Marks solely for the purpose of publicizing or advertising that You are using the Software. \n   2. Documentation. Applitools may make available Documentation to Licensee for Licensee to use solely in connection with Licensee’s use of the Software during the term of this Agreement. Licensee may print or copy the Documentation as needed for its own purposes provided that all copyright notices are included therein. The Documentation shall be considered the Confidential Information of Applitools. \n   1. Reservation of Rights; Use Restrictions. Other than the rights explicitly granted in this Agreement, Licensee shall have no other rights, express or implied, in the Software. Without limiting the generality of the foregoing, Licensee agrees and undertakes not to: (i) allow any third party to use the Software in any manner, including but not limited to, sell, lease, sublicense or distribute the Software, or any part thereof; (ii) modify, revise, or alter the Software or reverse engineer, decompile, disassemble or otherwise reduce to human-perceivable form the Software’s source code; (iii) copy or allow copies of the Software to be made; (iv) remove, alter or obscure any proprietary notice or identification, including copyright, trademark, patent or other notices, contained in or displayed on or via the Software; (v) use the Software to violate any applicable laws, rules or regulations, or for any unlawful, harmful, irresponsible, or inappropriate purpose, or in any manner that breaches this Agreement, and/or (vi) represent that it possesses any proprietary interest in the Software.\n   1. Third Party Software. Licensee acknowledges and agrees that any third party software (“Third Party Software”) that provided with the Software is provided under the terms of the license attached/linked thereto or, if no such license is attached, such Third Party Software is provided for free and on “AS IS” basis. Applitools is not liable for any losses or damages which may occur resulting from the use of any Third Party Software. Applitools does not possess any proprietary interest in such Third Party Software. \n   1. Open Source Licenses. The Software includes certain open source code software and materials (as shall be listed in the documentation of the Software) (“Open Source Software”) that are subject to their respective open source licenses (“Open Source Licenses”). Such Open Source Licenses contain a list of conditions with respect to warranty, copyright policy and other provisions. By executing this Agreement, Licensee undertakes to strictly comply with the terms and condition of the Open Source Licenses, as may be amended from time to time. In order to comply with the Open Source Licenses, Licensee shall read the respective licenses or notices, such list of Open Source Licenses may be amended from time to time by Applitools, at its sole discretion. In the event of any inconsistencies or conflicting provisions between the provisions of the Open Source Licenses and the provisions of this Agreement, the provisions of the Open Source Licenses shall prevail. Without derogating from the generality of the foregoing, it is clarified that any Open Source Software is provided on an “AS IS” basis, without indemnity or warranty of any kind, whether express or implied. For clarity, the representations and warranties set forth in Section ‎4 hereunder shall not apply to any Open Source Software.\n1. Title & Ownership. APPLITOOLS DOES NOT SELL OR TRANSFER TITLE IN THE SOFTWARE, OR ANY PART THEREOF, TO LICENSEE. The Documentation, Software (excluding any Open Source Software and Third Party Software therein which are owned by their respective licensors) and/or any copies thereof, including without limitation any derivative works made (regardless of whether such derivative works were made and/or developed pursuant to the request and/or specifications of Licensee, and irrespective of any support and/or assistance Applitools may, will or had received from Licensee, or any third party on its behalf, with respect thereto), as well as any updates or upgrades thereto, if provided to Applitools pursuant to this Agreement, shall remain Applitools’ sole and exclusive property. All Intellectual Property Rights evidenced by or embodied in and/or attached/connected/related to the Software, or part thereof, are and shall be owned solely and exclusively by Applitools. Nothing in this Agreement shall constitute a waiver of Applitools’ Intellectual Property Rights under any law, or be in any way construed or interpreted as such. It is further agreed that to the extent Licensee provides Applitools with Feedback, Licensee acknowledges that any and all rights, including Intellectual Property Rights in such Feedback shall belong exclusively to Applitools and Licensee hereby irrevocably and unconditionally transfers and assigns to Applitools all intellectual property rights in such Feedback and waives any and all moral rights that Licensee may have in respect thereto. It is further understood that use of Feedback, if any, may be made by Applitools at its sole discretion, and that Applitools in no way shall be obliged to make use of any kind of the Feedback or part thereof. \n1. Warranty. Applitools warrants that to its knowledge it has the right to grant the license under this Agreement. Applitools’ sole liability for any breach of this warranty or any other warranty under this Agreement shall be, at Applitools’ sole discretion: (i) to replace or repair the Software or the applicable portion thereof; or (ii) to terminate this Agreement.\n2. Warranty Exclusions. The warranties set forth in Section ‎4 are contingent upon Licensee’s proper use of the Software, and shall not apply to damage caused by abuse, misuse, alteration, neglect or unauthorized repair or installation, or by the use or attempted use of Software other than that supplied and supported by Applitools. Applitools will use reasonable commercial efforts to repair or replace the Software or the applicable portion thereof, pursuant to the foregoing warranty within thirty (30) days of being so notified.\n1. Warranty Disclaimers. 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You hereby agree to defend, indemnify and hold harmless Applitools and its affiliates and their respective officers, directors, agents and employees from any and all claims, damages, liabilities, costs, and expenses (including attorney’s fees) arising from claims related to Your use of the Software as well as from Your failure to comply with this Agreement.\n1. Limitation of Liability. UNDER NO CIRCUMSTANCES SHALL APPLITOOLS AND/OR ITS AFFILIATES BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, OR FOR ANY LOSS OF DATA, REVENUE, BUSINESS OR REPUTATION, THAT ARISES UNDER OR IN CONNECTION WITH THIS AGREEMENT, OR THAT RESULTS FROM THE USE OF, OR THE INABILITY TO USE, THE SOFTWARE. APPLITOOLS’S TOTAL AGGREGATE LIABILITY FOR ANY AND ALL DIRECT DAMAGES AND LOSSES THAT ARISE UNDER OR IN CONNECTION WITH THIS AGREEMENT SHALL NOT IN ANY CIRCUMSTANCE EXCEED THE AMOUNT OF 100.00 (ONE HUNDRED) UNITED STATES DOLLARS. 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The provisions of Sections ‎2.3, ‎2.4, ‎2.5, ‎6, ‎7, ‎8, ‎9, 10, ‎11 and ‎12 shall survive the termination, expiration or other ending of this Agreement.\n1. Miscellaneous. This Agreement represents the complete agreement concerning the Software between You and Applitools and supersedes all prior agreements and representations between You and Applitools. If any provision of this Agreement is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable. Any waiver of any provision of this Agreement will be effective only if in writing and signed by Applitools. This Agreement is personal to You and may not be assigned or transferred for any reason whatsoever without the consent of Applitools and any action or conduct in violation of the foregoing shall be void and without effect. Applitools expressly reserves the right to assign this Agreement and to delegate any of its obligations hereunder. 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In any action or proceeding to enforce rights under this Agreement, the prevailing party shall be entitled to recover costs and attorneys’ fees.","dependencies":{"ws":"7.4.6","yargs":"16.1.0","webdriver":"7.16.11","@applitools/utils":"1.2.13","@applitools/logger":"1.0.11","@applitools/eyes-sdk-core":"13.0.6","@applitools/visual-grid-client":"15.9.0"},"_hasShrinkwrap":false,"devDependencies":{"pkg":"^5.3.2","mocha":"^9.0.0","eslint":"^7.9.0","ts-node":"^10.0.0","prettier":"^2.1.2","@types/ws":"^7.4.4","typescript":"^4.5.2","@types/mocha":"^9.0.0","@types/yargs":"^17.0.0","@applitools/types":"1.0.25","eslint-plugin-node":"^11.1.0","@applitools/test-utils":"^1.0.12","eslint-config-prettier":"^7.2.0","eslint-plugin-prettier":"^3.3.1","@typescript-eslint/parser":"^4.15.1","@applitools/sdk-release-kit":"^0.13.11","eslint-plugin-mocha-no-only":"^1.1.1","@applitools/sdk-coverage-tests":"^2.3.18","@typescript-eslint/eslint-plugin":"^4.15.1"},"_npmOperationalInternal":{"tmp":"tmp/eyes-universal_1.1.0_1645362060916_0.8399407985918539","host":"s3://npm-registry-packages"}},"1.1.1-beta.0":{"name":"@applitools/eyes-universal","version":"1.1.1-beta.0","keywords":["applitools","eyes","test 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LICENSE","_id":"@applitools/eyes-universal@1.1.1-beta.0","maintainers":[{"name":"david.haeffner","email":"david.haeffner@applitools.com"},{"name":"chaimaharonson","email":"chaim.aharonson@applitools.com"},{"name":"roy.sela","email":"roy.sela@applitools.com"},{"name":"ronikar_applitools","email":"roni.karilkar@applitools.com"},{"name":"anton-chuev","email":"anton.chuev@applitools.com"},{"name":"danielputerman","email":"daniel.puterman@applitools.com"},{"name":"amitzur","email":"sendwithchibo@gmail.com"},{"name":"ramapplitools","email":"ram.nathaniel@applitools.com"},{"name":"applitools-admin","email":"team@applitools.com"},{"name":"applitools-readonly","email":"gil.tayar@applitools.com"},{"name":"iasisapp","email":"itamar.asis@applitools.com"},{"name":"yotammadem","email":"yotammadem@gmail.com"},{"name":"liranbarokas","email":"liranbarokas@gmail.com"},{"name":"itayy.applitools","email":"Itay.yelin@applitools.com"},{"name":"denis.styrt","email":"denis.styrt@applitools.com"},{"name":"kyrylo.onufriiev","email":"kyrylo.onufriiev@applitools.com"},{"name":"amitzur-applitools","email":"amit.zur@applitools.com"},{"name":"yardenw.applitools","email":"yarden.wieder@applitools.com"},{"name":"ormeda","email":"ormeird@gmail.com"},{"name":"vgprod","email":"vgteam@applitools.com"},{"name":"adam.carmi","email":"adam.carmi@applitools.com"},{"name":"danoam","email":"noam.davidovitz@applitools.com"},{"name":"clementbarry","email":"klemobari@gmail.com"},{"name":"sophieta","email":"sophie.tagar@applitools.com"}],"homepage":"https://applitools.com/","bugs":{"url":"https://github.com/applitools/eyes.sdk.javascript1/issues"},"bin":{"eyes-universal":"dist\\cli.js"},"dist":{"shasum":"8df1ac59919c146ffefdd5af062608bb6ad95d14","tarball":"https://registry.npmjs.org/@applitools/eyes-universal/-/eyes-universal-1.1.1-beta.0.tgz","fileCount":20,"integrity":"sha512-Bf1JP2qVNLVcVpFzLUqRG5G9WSEQBatHScFbk7ApoKYyep7Uk+fPigXM/dZKIfQQS1JJw23+YlcMyWA2pr02oQ==","signatures":[{"sig":"MEUCIEZ2AeCL4lTejfh2UBUADs0XG7rdeMJ3Qr+7+NepwM4mAiEA+RsELqCCD/CDyu90jgOEayKH1fqCuR0pOnzjFyux0lQ=","keyid":"SHA256:jl3bwswu80PjjokCgh0o2w5c2U4LhQAE57gj9cz1kzA"}],"unpackedSize":110796,"npm-signature":"-----BEGIN 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Universal\n<center>\n\n  ![Applitools Eyes](https://i.ibb.co/3hWJK68/applitools-eyes-logo.png)\n\n  [![npm](https://img.shields.io/npm/v/@applitools/eyes-universal?color=%2302afc2&label=npm&logo=npm)](https://www.npmjs.com/package/@applitools/eyes-universal)\n  [![GitHub release (latest by date)](https://img.shields.io/badge/binaries-download-%2302afc2?logo=github)](https://github.com/applitools/eyes.sdk.javascript1/releases)\n\n</center>\n\n- [Eyes Universal](#eyes-universal)\n  - [Introduction](#introduction)\n  - [WebSocket](#websocket)\n    - [Universal SDK messaging protocol](#universal-sdk-messaging-protocol)\n      - [Request format](#request-format)\n      - [Response format](#response-format)\n      - [Event format](#event-format)\n    - [Client-initiated events](#client-initiated-events)\n      - [Session.init](#sessioninit)\n    - [Client-initiated commands](#client-initiated-commands)\n      - [Core.makeManager](#coremakemanager)\n      - [EyesManager.openEyes](#eyesmanageropeneyes)\n      - [EyesManage.closeAllEyes](#eyesmanageclosealleyes)\n      - [Eyes.check](#eyescheck)\n      - [Eyes.locate](#eyeslocate)\n      - [Eyes.extractTextRegions](#eyesextracttextregions)\n      - [Eyes.extractText](#eyesextracttext)\n      - [Eyes.close](#eyesclose)\n      - [Eyes.abort](#eyesabort)\n      - [Core.getViewportSize](#coregetviewportsize)\n      - [Core.setViewportSize](#coresetviewportsize)\n      - [Core.closeBatches](#coreclosebatches)\n      - [Core.deleteTest](#coredeletetest)\n    - [Server-initiated commands](#server-initiated-commands)\n  - [SpecDriver](#specdriver)\n    - [Utility commands](#utility-commands)\n      - [`isDriver`](#isdriver)\n      - [`isElement`](#iselement)\n      - [`isSelector`](#isselector)\n      - [`transformDriver`](#transformdriver)\n      - [`transformElement`](#transformelement)\n      - [`extractSelector`](#extractselector)\n      - [`isStaleElementError`](#isstaleelementerror)\n      - [`isEqualElements`](#isequalelements)\n    - [Core commands](#core-commands)\n      - [`mainContext`](#maincontext)\n      - [`parentContext`](#parentcontext)\n      - [`childContext`](#childcontext)\n      - [`executeScript`](#executescript)\n      - [`findElement`](#findelement)\n      - [`findElements`](#findelements)\n      - [`getDriverInfo`](#getdriverinfo)\n      - [`getOrientation`](#getorientation)\n      - [`getTitle`](#gettitle)\n      - [`getUrl`](#geturl)\n      - [`takeScreenshot`](#takescreenshot)\n      - [`getElementRect`](#getelementrect)\n      - [`setWindowSize`](#setwindowsize)\n      - [`getWindowSize`](#getwindowsize)\n      - [`setViewportSize`](#setviewportsize)\n      - [`getViewportSize`](#getviewportsize)\n  - [Refer](#refer)\n    - [Refer storage](#refer-storage)\n    - [Reference format](#reference-format)\n    - [Reference usage](#reference-usage)\n  - [API](#api)\n\n\n## Introduction\nThe main purpose of client implementation (*Client*) is to provide a language binding for the functionality core implemented in JavaScript (*Server*). *Server* controls everything, and *Client* doesn't need to know anything about how work is done.\n\nFor the *Client* to be able to communicate with the *Server* it has to implement [WebSocket Client](#WebSocket) communication layer. Through the WebSocket channel *Client* could send commands to the *Server* in order to perform any operations, at the same time *Server* will send commands to the *Client* in order to automate an environment. *Client* has to implement a set of commands ([SpecDriver](#SpecDriver)) and perform those commands when *Server* will ask for it. Since the execution of any command requires knowing about the context this command should be executed in, *Client* should pass some context references to the *Server*. To solve this problem *Client* have to implement a [Refer](#Refer) mechanism. Refer should help *Client* to send non-serializable data to the server, and when this data will be received back from the server easily deref it to the original non-serializable object.\n\nIn case of using WebDrive based framework on the *Client*, implementation of a ([SpecDriver](#SpecDriver)) could be avoided as well as a [Refer](#Refer)  implementation. This simplification could be achieved by providing information about WebDriver automation session instead of the driver, also it requires to provide element ids instead of the elements. Since all of the non-serializable objects are replaced with a serializable data object the need in [Refer](#Refer) is eliminated.\n\nThe biggest part of the client implementation is the actual user-facing [API layer](#API), it should not contain any specific logic, but only perform some input data validation, collecting, and processing before these data will be sent to the server. API layer should not have any binding to the automation framework it should be used with, it will help to re-use API layer for different frameworks.\n\n## WebSocket\nThe client-server architecture of the universal sdk requires an implementation of the communication layer between the *Client* and the *Server*. Because of a major need for bidirectional communication, WebSocket protocol was chosen. WebSocket protocol operates only with messages, and each of those is an independent chunk of data. The protocol doesn't support getting a response on a message. This is why the format of communication is determined by a proprietary request-response messaging interface (*Universal SDK messaging protocol*), which requires a specific format of client-server messages.\n\nAll of the commands should be treated as requests, which means that response is always has to be sent after a request is received. But simple events are also allowed by the *Universal SDK messaging protocol*, which means that *Client*, as well as *Server*, could send a message which doesn't require any response.\n\nReference implementation: [JS implementation](https://github.com/applitools/eyes.sdk.javascript1/blob/1a54c6b3f28b25b41a708f5b600ceabbf8fc9db6/packages/eyes-universal/src/socket.js), [Ruby implementation](https://github.com/applitools/eyes.sdk.javascript1/blob/poc/universal-ruby-sdk/rb/eyes-selenium/lib/applitools/socket.rb)\n\n### Universal SDK messaging protocol\nThe protocol describes the format of messages of different types such as [Request](#Request-format), [Response](#Response-format), and [Event](#Event-format). Each of the messages should be formatted as a JSON string.\n\n> **`IDEA`** maybe it makes sense to also support something like UBJSON, it might be helpful in order to send screenshots from *Client* without conversion to the base64 string, which is an obvious overhead.\n\nBoth client an server operate with their own sets of non-serializable object, which have to be somehow sent through the WebSocket. On client non-serializable objects are drivers, elements, and maybe selectors, at the same time server operates with runner and eyes abstractions. The protocol describes a generic way to represent non-serializable objects (for client, as well as for server) through the separate module [Refer](#Refer) with a strict patter and format of references.\n\n#### Request format\n```ts\n{\n  name: string, // could be any string, but recommended format is \"<Domain>.<requestName>\" (e.g. \"Driver.executeScript\")\n  key: string, // could be any random string, this value will be used to associate response with actual request.\n  payload?: any // any input data\n}\n```\n\n#### Response format\n```ts\n{\n  name: string, // name of the request this response sent for\n  key: string, // key value received in request\n  payload: {\n    result?: any, // result of the request if it was finished successfully\n    error?: { // error object if exception was thrown during action processing\n      message: string // error massage\n      stack: string // error stack trace\n    }\n  }\n}\n```\n\n#### Event format\n```ts\n{\n  name: string, // could be any string, but recommended format is \"<Domain>.<eventName>\"\n  payload?: any // any event data\n}\n```\n\n### Client-initiated events\nIn order to pass some data to the *Server* and let *Server* process it on its own *Client* could send lightweight events ([Event format](#Event-format)), which will not be responded in any way.\n\n#### Session.init\nThis event has to be sent in the first place just after a connection between *Client* and *Server* will be established. *Client* should send an important metadata about itself in a format:\n```ts\n{\n  name: string, // name of the client sdk\n  version: string, // version of the client sdk\n  commands?: string[], // array of command names that could be processed by the client sdk\n  protocol?: 'webdriver' // the name of the prebuilt server-side spec driver\n}\n```\n\n### Client-initiated commands\nIn order to perform any action, the *Client* has to send a proper request to the *Server* in a specific format ([Request format](#Request-format)) and wait for the response in a format described here ([Response format](#Response-format)).\n\n#### Core.makeManager\nThis request should be sent to create a manager object. It expects input of type [EyesManagerConfig](https://github.com/applitools/eyes.sdk.javascript1/blob/0eec1b760d07489f62d95b9441d0ee5c560c24a1/packages/types/src/config.ts#L19).\n\nIn response client should expect to get a manager reference ([ManagerRef](#Reference-format)), this reference has to be used in order to perform manager related actions ([EyesManager.openEyes](#EyesManager.openEyes), [EyesManager.closeAllEyes](#EyesManager.closeAllEyes))\n\n> Do not send this command in a moment when `EyesManager` is constructed but instead send it lazily when the actual eyes object has to be opened. Pay attention that in this architecture eyes could be created only from a manager instance, and creation and opening of the eyes are combined in a single operation.\n\n#### EyesManager.openEyes\nThis command has to be used in order to create an eyes object. It expects input with related [ManagerRef](#Reference-format) (from [Core.makeManager](#Core.makeManager)), [DriverRef](#Reference-format), and [EyesConfig](https://github.com/applitools/eyes.sdk.javascript1/blob/0eec1b760d07489f62d95b9441d0ee5c560c24a1/packages/types/src/config.ts#L25) in a format:\n```ts\n{\n  manager: ManagerRef, // reference received from \"Core.makeManager\" command\n  driver: DriverRef, // reference to the driver that will be used by the server in order to perform automation\n  config?: EyesConfig // configuration object that will be associated with a new eyes object, it could be overridden later\n}\n```\n\nIn response client should expect to get an eyes reference ([EyesRef](#Reference-format)), this reference has to be used in eyes related requests ([Eyes.check](#Eyes.check), [Eyes.locate](#Eyes.locate), [Eyes.extractTextRegions](#Eyes.extractTextRegions), [Eyes.extractText](#Eyes.extractText), [Eyes.close](#Eyes.close), [Eyes.abort](#Eyes.abort))\n\n#### EyesManage.closeAllEyes\nThis command is meant to be used to close all eyes objects created with this runner and return results from each of the eyes objects. It doesn't expect any input except a related [ManagerRef](#Reference-format) (from [Core.makeManager](#Core.makeManager):\n```ts\n{\n  manager: ManagerRef\n}\n```\n\nIn response client will receive an array of [TestResult](https://github.com/applitools/eyes.sdk.javascript1/blob/0eec1b760d07489f62d95b9441d0ee5c560c24a1/packages/types/src/data.ts#L205)'s\n\n> This command will never throw error due to test result status. This functionality should be implemented on client side.\n\n#### Eyes.check\nThis command is used to perform a check/match action. It expects input with a related [EyesRef](#Reference-format), [CheckSettings](https://github.com/applitools/eyes.sdk.javascript1/blob/0eec1b760d07489f62d95b9441d0ee5c560c24a1/packages/types/src/setting.ts#L66), and [EyesConfig](https://github.com/applitools/eyes.sdk.javascript1/blob/0eec1b760d07489f62d95b9441d0ee5c560c24a1/packages/types/src/config.ts#L25) in a format:\n```ts\n{\n  eyes: EyesRef,\n  settings?: CheckSettings,\n  config?: EyesConfig\n}\n```\n\nIn a case of success, the client will receive a response with [MatchResult](https://github.com/applitools/eyes.sdk.javascript1/blob/0eec1b760d07489f62d95b9441d0ee5c560c24a1/packages/types/src/data.ts#L200) object.\n\n#### Eyes.locate\nThis command is used to perform a locate action. It expects input with a related [EyesRef](#Reference-format), [LocateSettings](https://github.com/applitools/eyes.sdk.javascript1/blob/0eec1b760d07489f62d95b9441d0ee5c560c24a1/packages/types/src/setting.ts#L92), and [EyesConfig](https://github.com/applitools/eyes.sdk.javascript1/blob/0eec1b760d07489f62d95b9441d0ee5c560c24a1/packages/types/src/config.ts#L25) in a format:\n```ts\n{\n  eyes: EyesRef,\n  settings: LocateSettings,\n  config?: EyesConfig\n}\n```\n\nIn a case of success, the client will receive a response with an object where locator names, passed in [LocateSettings](https://github.com/applitools/eyes.sdk.javascript1/blob/0eec1b760d07489f62d95b9441d0ee5c560c24a1/packages/types/src/setting.ts#L92), are correlated with [Region](https://github.com/applitools/eyes.sdk.javascript1/blob/0eec1b760d07489f62d95b9441d0ee5c560c24a1/packages/types/src/data.ts#L59)'s.\n```ts\n{\n  [key: string]: Region\n}\n```\n\n#### Eyes.extractTextRegions\nThis command has to be used to extract text regions from a page. It expects input with a related [EyesRef](#Reference-format), [OCRSearchSettings](https://github.com/applitools/eyes.sdk.javascript1/blob/0eec1b760d07489f62d95b9441d0ee5c560c24a1/packages/types/src/setting.ts#L85), and [EyesConfig](https://github.com/applitools/eyes.sdk.javascript1/blob/0eec1b760d07489f62d95b9441d0ee5c560c24a1/packages/types/src/config.ts#L25) in a format:\n```ts\n{\n  eyes: EyesRef,\n  settings: OCRSearchSettings,\n  config?: EyesConfig\n}\n```\n\nIn a case of success, the client will receive a response with an object where patterns, passed in [OCRSearchSettings](https://github.com/applitools/eyes.sdk.javascript1/blob/0eec1b760d07489f62d95b9441d0ee5c560c24a1/packages/types/src/setting.ts#L85), are correlated with arrays of [TextRegion](https://github.com/applitools/eyes.sdk.javascript1/blob/0eec1b760d07489f62d95b9441d0ee5c560c24a1/packages/types/src/data.ts#L61)'s.\n\n```ts\n{\n  [key: string]: TextRegion[]\n}\n```\n\n#### Eyes.extractText\nThis command has to be used to extract text regions from a page. It expects input with a related [EyesRef](#Reference-format), array of [OCRExtractSettings](https://github.com/applitools/eyes.sdk.javascript1/blob/0eec1b760d07489f62d95b9441d0ee5c560c24a1/packages/types/src/setting.ts#L78)'s, and [EyesConfig](https://github.com/applitools/eyes.sdk.javascript1/blob/0eec1b760d07489f62d95b9441d0ee5c560c24a1/packages/types/src/config.ts#L25) in a format:\n```ts\n{\n  eyes: EyesRef,\n  regions: OCRExtractSettings[],\n  config?: EyesConfig\n}\n```\n\nIn a case of success, the client will receive a response with arrays of strings.\n\n#### Eyes.close\nThis command has to be used in order to close eyes object and finish the test. It doesn't expect any input except a related [EyesRef](#Reference-format).\n```ts\n{\n  eyes: EyesRef\n}\n```\n\nIn a case of success, the client will receive a response with [TestResult](https://github.com/applitools/eyes.sdk.javascript1/blob/0eec1b760d07489f62d95b9441d0ee5c560c24a1/packages/types/src/data.ts#L205) object.\n\n> This command will never throw error due to test result status. This functionality should be implemented on client side.\n\n#### Eyes.abort\nThis command has to be used to abort eyes object. It doesn't expect any input except a related [EyesRef](#Reference-format).\n```ts\n{\n  eyes: EyesRef\n}\n```\n\nIn a case of success, the client will receive a response with [TestResult](https://github.com/applitools/eyes.sdk.javascript1/blob/0eec1b760d07489f62d95b9441d0ee5c560c24a1/packages/types/src/data.ts#L205) object.\n\n#### Core.getViewportSize\nThis command has to be used to get the current viewport size of the given driver. It expects input with [DriverRef](#Reference-format) in a format: \n```ts\n{\n  driver: DriverRef\n}\n```\n\nIn case of success, the client will receive a response with [Size](https://github.com/applitools/eyes.sdk.javascript1/blob/0eec1b760d07489f62d95b9441d0ee5c560c24a1/packages/types/src/data.ts#L54) object.\n\n> WD protocol doesn't have api to extract viewport size of the browser window, however Appium has this api as well as CDP. So even if it is doesn't make lots of sense to get this information through the server, better do it this way so server could know about this data.\n\n#### Core.setViewportSize\nThis command has to be used to set the current viewport size of the given driver which automates desktop browser window. If this command will be executed for driver which doesn't support viewport resizing error will be thrown. Also error will be thrown if it isn't possible to resize viewport to the required size. The command expects input with [DriverRef](#Reference-format) and [Size](https://github.com/applitools/eyes.sdk.javascript1/blob/0eec1b760d07489f62d95b9441d0ee5c560c24a1/packages/types/src/data.ts#L54) in a format:\n```ts\n{\n  driver: DriverRef,\n  size: Size\n}\n```\n\n#### Core.closeBatches\nThis command has to be used to close batches by their ids. It expects input of type [CloseBatchesSettings](https://github.com/applitools/eyes.sdk.javascript1/blob/0eec1b760d07489f62d95b9441d0ee5c560c24a1/packages/types/src/setting.ts#L97)\n\n#### Core.deleteTest\nThis command has to be used to close delete test results from the eyes dashboard.\n\n### Server-initiated commands\n*Server* has to send a request to the *Client* in order to perform automation using driver api. It will be done through the special interface (a.k.a. [SpecDriver](#SpecDriver)) which abstracts out any framework specifics. Requests which *Server* could possibly send to the client limited only with a set of the [SpecDriver](#SpecDriver) commands.\n\nSince [SpecDriver](#SpecDriver) has a various number of commands, where some of the commands contradict others, *Server* should know the exact set of commands which it could send to the *Client*, this information should be passed in [Session.init](#Session.init) event.\n\nEach [SpecDriver](#SpecDriver) command will be received as request with name `\"Driver.<commandName>\"`, for example to call [findElement](#findElement) command *Server* will send `\"Driver.findElement\"` request to the *Client*. Arguments of the [SpecDriver](#SpecDriver) command will be sent in payload, as an object where keys has the same names as arguments, for example to call [findElement](#findElement) command *Server* will send a payload with keys `driver` and `selector`. Result of the [SpecDriver](#SpecDriver) command has to be sent by the *Client* as a payload in the response message.\n\n## SpecDriver\nSpec driver is a simple set of functions where each function performs automation by calling framework (e.g. selenium) API. We need this interface between our code and an actual driver to abstract out framework api.\n\nDown below is a list with descriptions of every method that could be implemented in the spec driver, but the need for implementation depends on the framework.\n\n### Utility commands\n\n#### `isDriver`\nThis command accepts driver instance as an argument and should return `true` if this is a valid driver instance, otherwise `false`.\n\nReference: [TS Selenium](https://github.com/applitools/eyes.sdk.javascript1/blob/864f0ebfec04dd370631de1703817e098faa55b8/packages/eyes-selenium/src/spec-driver.ts#L32)\n\n#### `isElement`\nThis command accepts element as an argument and should return `true` if this is a valid element, otherwise `false`.\n\nReference: [TS Selenium](https://github.com/applitools/eyes.sdk.javascript1/blob/864f0ebfec04dd370631de1703817e098faa55b8/packages/eyes-selenium/src/spec-driver.ts#L36), [Ruby Selenium](https://github.com/applitools/eyes.sdk.javascript1/blob/24c660e3cc7504d0547901f67a467324c45b2f25/rb/eyes-selenium/lib/applitools/selenium/spec-driver.rb#L6)\n\n#### `isSelector`\nThis command accepts selector as an argument and should return `true` if this is a valid selector, otherwise `false`. Valid selectors should be one of three formats:\n\n1. The one supported by the framework (e.g. `By.css('html')` for selenium)\n2. JSON object with properties `type` with value `\"css\"` or `\"xpath\"` and `selector` with string value.\n3. Simple string, if the framework doesn't handle strings by itself, then the string should be treated as css selector.\n\nReference: [TS Selenium](https://github.com/applitools/eyes.sdk.javascript1/blob/864f0ebfec04dd370631de1703817e098faa55b8/packages/eyes-selenium/src/spec-driver.ts#L38)\n\n#### `transformDriver`\nThis command is used only once for the driver in order to do some modifications or even replacements in a given driver instance. It might be helpful when some additional configuration is required before start working with the driver. If this method implemented whenever will be returned from it will be used instead of the driver.\n\nReference: [TS Selenium](https://github.com/applitools/eyes.sdk.javascript1/blob/864f0ebfec04dd370631de1703817e098faa55b8/packages/eyes-selenium/src/spec-driver.ts#L47)\n\n#### `transformElement`\nThis command is used to transform elements before using them (e.g. as `executeScript` argument). It accepts a value that has to be treated as an element, but the framework itself can't handle this value on its own. Some frameworks might support more than one element format, and these formats might be not equal in terms of usage.\n\n> How to understand to which format you should transform? The correct way to understand which format is superior on others you should check which one works the best in those commands [executeScript](###executeScript) and [childContext](###childContext).\n\nReference: [TS WDIO](https://github.com/applitools/eyes.sdk.javascript1/blob/864f0ebfec04dd370631de1703817e098faa55b8/packages/eyes-webdriverio-5/src/spec-driver.ts#L100)\n\n#### `extractSelector`\nThis command is used to extract a selector from an element object. Not all frameworks keep information about the selector which was used to find an element, but if does it will help to handle some edge cases with stale element errors.\n\nReference: [TS WDIO](https://github.com/applitools/eyes.sdk.javascript1/blob/864f0ebfec04dd370631de1703817e098faa55b8/packages/eyes-webdriverio-5/src/spec-driver.ts#L104)\n\n#### `isStaleElementError`\nThis command is used to understand if an error is a stale element error, it accepts an error object and should return `true` if the error is thrown because of element reference was stale.\n\nReference: [TS Selenium](https://github.com/applitools/eyes.sdk.javascript1/blob/864f0ebfec04dd370631de1703817e098faa55b8/packages/eyes-selenium/src/spec-driver.ts#L55)\n\n#### `isEqualElements`\nThis command is used to understand if two element objects are references to the same element on a web page (or in a native app), should return `true` if elements are the same.\n\n> **`WD!`** Elements could be compared by their IDs, since by the protocol specification element ID should be unique across all of the frames and the same for the same element, however not all WD implementation keep that rule (e.g. iOS Safari). In this case, elements could be compared in a browser by executing a script with those elements which will compare them, if a stale element error will be thrown, elements are obviously not equivalent.\n\nReference: [TS WDIO](https://github.com/applitools/eyes.sdk.javascript1/blob/eyes-api/packages/eyes-webdriverio-5/src/spec-driver.ts#L112)\n\n### Core commands\nEach command in this section accepts driver/context as a first argument.\n\n#### `mainContext`\nThis command is used to get access to the main/top-level frame from the current/given frame.\n\n> **`WD!`** This command has to change driver's current frame to the topmost frame, and not necessarily return driver.\n\n> **`CDP!`** This command has to return the topmost (the one which doesn't have a parent) frame in a hierarchy from the given frame.\n\nReferences: [TS Selenium](https://github.com/applitools/eyes.sdk.javascript1/blob/864f0ebfec04dd370631de1703817e098faa55b8/packages/eyes-selenium/src/spec-driver.ts#L78), [TS Playwright](https://github.com/applitools/eyes.sdk.javascript1/blob/864f0ebfec04dd370631de1703817e098faa55b8/packages/eyes-playwright/src/spec-driver.ts#L67), [Ruby Selenium](https://github.com/applitools/eyes.sdk.javascript1/blob/24c660e3cc7504d0547901f67a467324c45b2f25/rb/eyes-selenium/lib/applitools/selenium/spec-driver.rb#L21)\n\n#### `parentContext`\nThis command is used to get access to the parent frame of the current/given frame.\n\n> **`WD!`** This command has to change driver's current frame to the parent frame of the current frame, and not necessarily return driver. Legacy implementations of some frameworks (e.g. selenium 3, wdio 4) don't have a dedicated api for this functionality, in this case, the only way to perform the action is by sending a request to the endpoint by yourself ([WD Spec](https://www.w3.org/TR/webdriver/#switch-to-parent-frame)).\n\n> **`CDP!`** This command have to return the parent frame (previous in a hierarchy) of the given frame.\n\nReferences: [TS Selenium](https://github.com/applitools/eyes.sdk.javascript1/blob/864f0ebfec04dd370631de1703817e098faa55b8/packages/eyes-selenium/src/spec-driver.ts#L82), [TS Playwright](https://github.com/applitools/eyes.sdk.javascript1/blob/864f0ebfec04dd370631de1703817e098faa55b8/packages/eyes-playwright/src/spec-driver.ts#L75), [Ruby Selenium](https://github.com/applitools/eyes.sdk.javascript1/blob/24c660e3cc7504d0547901f67a467324c45b2f25/rb/eyes-selenium/lib/applitools/selenium/spec-driver.rb#L25)\n\n#### `childContext`\nThis command is used to get access to the child frame of the current/given frame by **element** which refer to the target iframe.\n\n> **`WD!`** This command has to change driver's current frame to the child frame using given element, and not necessarily return driver.\n\n> **`CDP!`** This command has to return the content frame of the given element, parent frame is still provided in arguments, but the protocol doesn't require to use of it.\n\nReferences: [TS Selenium](https://github.com/applitools/eyes.sdk.javascript1/blob/864f0ebfec04dd370631de1703817e098faa55b8/packages/eyes-selenium/src/spec-driver.ts#L91), [TS Playwright](https://github.com/applitools/eyes.sdk.javascript1/blob/864f0ebfec04dd370631de1703817e098faa55b8/packages/eyes-playwright/src/spec-driver.ts#L79), [Ruby Selenium](https://github.com/applitools/eyes.sdk.javascript1/blob/24c660e3cc7504d0547901f67a467324c45b2f25/rb/eyes-selenium/lib/applitools/selenium/spec-driver.rb#L29)\n\n#### `executeScript`\nThis command executes a given script of type string with given arguments in a given context.\n\n> **`CDP!`** The protocol is not able to execute scripts that are not function declaration, this means that just function body or JS expression are not valid scripts, for example `return document. title`, has to be transformed to `function(){ return document.title }`.\n\nReferences: [TS Selenium](https://github.com/applitools/eyes.sdk.javascript1/blob/864f0ebfec04dd370631de1703817e098faa55b8/packages/eyes-selenium/src/spec-driver.ts#L71), [TS Playwright](https://github.com/applitools/eyes.sdk.javascript1/blob/864f0ebfec04dd370631de1703817e098faa55b8/packages/eyes-playwright/src/spec-driver.ts#L62), [Ruby Selenium](https://github.com/applitools/eyes.sdk.javascript1/blob/24c660e3cc7504d0547901f67a467324c45b2f25/rb/eyes-selenium/lib/applitools/selenium/spec-driver.rb#L14)\n\n#### `findElement`\nThis command finds element by a given selector in a given context. If an element doesn't exist, `null` should be returned (**do not throw**). See [isSelector](###isSelector) command for selector formats.\n\nReference: [TS Selenium](https://github.com/applitools/eyes.sdk.javascript1/blob/864f0ebfec04dd370631de1703817e098faa55b8/packages/eyes-selenium/src/spec-driver.ts#L95), [Ruby Selenium](https://github.com/applitools/eyes.sdk.javascript1/blob/24c660e3cc7504d0547901f67a467324c45b2f25/rb/eyes-selenium/lib/applitools/selenium/spec-driver.rb#L33)\n\n#### `findElements`\nThis command finds multiple elements by a given selector in a given context. If no elements don't exist, an empty array (`[]`) should be returned. See [isSelector](###isSelector) command for selector formats.\n\nReference: [TS Selenium](https://github.com/applitools/eyes.sdk.javascript1/blob/864f0ebfec04dd370631de1703817e098faa55b8/packages/eyes-selenium/src/spec-driver.ts#L103), [Ruby Selenium](https://github.com/applitools/eyes.sdk.javascript1/blob/24c660e3cc7504d0547901f67a467324c45b2f25/rb/eyes-selenium/lib/applitools/selenium/spec-driver.rb#L37)\n\n#### `getDriverInfo`\nThis command is used to extract information about the driver and environment in the very beginning. Keep in mind that not all of the properties are required.\n\nHere is a schema of the JSON object this method should return.\n```ts\n{\n  sessionId?: string, // aut session id\n  isMobile?: boolean, // true if the environment is a mobile device (e.g. os is android or ios), this doesn't necessarily mean a native app is tested\n  isNative?: boolean, // true if the environment is a native app (so no browser)\n  deviceName?: string, // device name\n  platformName?: string, // os name\n  platformVersion?: string, // os version\n  browserName?: string, // browser name\n  browserVersion?: string, //browser version\n}\n```\n\n> In fact if your framework doesn't support native apps automation the whole method could be skipped, in this case, data will be extracted from a user agent, but better implement it, if possible. All of the information is contained in the capabilities of the driver. In the future, we might want to provide more information here.\n\nReference: [TS Selenium](https://github.com/applitools/eyes.sdk.javascript1/blob/864f0ebfec04dd370631de1703817e098faa55b8/packages/eyes-selenium/src/spec-driver.ts#L155)\n\n#### `getOrientation`\nThis command is not required if the framework doesn't support native apps automation. This command should return `\"landscape\"` or `\"portrait\"` strings in **lowercase** depends on device orientation.\n\n> If the framework supports device rotation in runtime, then orientation should also be extracted in runtime and not from capabilities. ([Appium spec](https://appium.io/docs/en/commands/session/orientation/get-orientation/))\n\nReference: [TS WDIO](https://github.com/applitools/eyes.sdk.javascript1/blob/864f0ebfec04dd370631de1703817e098faa55b8/packages/eyes-webdriverio-5/src/spec-driver.ts#L220)\n\n#### `getTitle`\nThis command should return the title of the page.\n\nReference: [TS Selenium](https://github.com/applitools/eyes.sdk.javascript1/blob/864f0ebfec04dd370631de1703817e098faa55b8/packages/eyes-selenium/src/spec-driver.ts#L179), [Ruby Selenium](https://github.com/applitools/eyes.sdk.javascript1/blob/24c660e3cc7504d0547901f67a467324c45b2f25/rb/eyes-selenium/lib/applitools/selenium/spec-driver.rb#L54)\n\n#### `getUrl`\nThis command should return the current url of the page.\n\nReference: [TS Selenium](https://github.com/applitools/eyes.sdk.javascript1/blob/864f0ebfec04dd370631de1703817e098faa55b8/packages/eyes-selenium/src/spec-driver.ts#L182), [Ruby Selenium](https://github.com/applitools/eyes.sdk.javascript1/blob/24c660e3cc7504d0547901f67a467324c45b2f25/rb/eyes-selenium/lib/applitools/selenium/spec-driver.rb#L58)\n\n#### `takeScreenshot`\nThis command should use the default framework api to take a screenshot of the viewport (**without any stabilization**). The result should be returned as base64 encoded string.\n\nReference: [TS Selenium](https://github.com/applitools/eyes.sdk.javascript1/blob/864f0ebfec04dd370631de1703817e098faa55b8/packages/eyes-selenium/src/spec-driver.ts#L188), [Ruby Selenium](https://github.com/applitools/eyes.sdk.javascript1/blob/24c660e3cc7504d0547901f67a467324c45b2f25/rb/eyes-selenium/lib/applitools/selenium/spec-driver.rb#L74)\n\n#### `getElementRect`\nThis command is used to get metrics of the **native** element only. This command will not be used for the web, since a more complex algorithm is required. The result should be returned as a JSON object with properties `x`, `y`, `width` and `height`, values should remain fractional, no rounding is required.\n\nReference: [TS Selenium](https://github.com/applitools/eyes.sdk.javascript1/blob/864f0ebfec04dd370631de1703817e098faa55b8/packages/eyes-selenium/src/spec-driver.ts#L106)\n\n#### `setWindowSize`\nThis command should set window size from a given JSON object with properties `width` and `height`. The command have to also set window position to (0,0) in order to archive the maximum possible window size to be set.\nThis command should not be implemented if [setViewportSize](###setViewportSize) is already implemented.\n\n> **`WD!`** Legacy implementations of selenium don't allow to set size and position with a single method, in this case, they should be set separately.\n\n> **`CDP!`** Protocol doesn't support window manipulations, but instead alow viewport manipulations, have a look at [setViewportSize](###setViewportSize).\n\nReference: [TS Selenium](https://github.com/applitools/eyes.sdk.javascript1/blob/77fa7c7083d0c673acee3b203b1d0b1a7e972575/packages/eyes-selenium/src/spec-driver.ts#L123), [Ruby Selenium](https://github.com/applitools/eyes.sdk.javascript1/blob/24c660e3cc7504d0547901f67a467324c45b2f25/rb/eyes-selenium/lib/applitools/selenium/spec-driver.rb#L45)\n\n#### `getWindowSize`\nThis command should return the size of the window in the format of the JSON object with properties `width`, and `height`.\nThe command **have** to be implemented if [setWindowSize](###setWindowSize) was implemented, and could be skipped if [setViewportSize](###setViewportSize) was implemented.\n\n> **`WD!`** Modern implementations of selenium don't have an api to get window size, but api to get window rect could be used instead.\n\n> **`APPIUM!`** Legacy versions of appium servers could not treat well command to get window rect, in this case command to get window size should be sent.\n\n> **`CDP!`** Protocol doesn't support window manipulations, but instead alow viewport manipulations, have a look at [getViewportSize](###getViewportSize).\n\n\nReference: [TS Selenium](https://github.com/applitools/eyes.sdk.javascript1/blob/864f0ebfec04dd370631de1703817e098faa55b8/packages/eyes-selenium/src/spec-driver.ts#L112), [Ruby Selenium](https://github.com/applitools/eyes.sdk.javascript1/blob/24c660e3cc7504d0547901f67a467324c45b2f25/rb/eyes-selenium/lib/applitools/selenium/spec-driver.rb#L41)\n\n#### `setViewportSize`\nThis command should set viewport size from given JSON object with properties `width` and `height`.\n\n> **`WD!`** Protocol doesn't allow to manipulate viewport directly. Implement [setWindowSize](###setWindowSize) and [getWindowSize](###getWindowSize) instead.\n\nReference: [TS Playwright](https://github.com/applitools/eyes.sdk.javascript1/blob/864f0ebfec04dd370631de1703817e098faa55b8/packages/eyes-playwright/src/spec-driver.ts#L98)\n\n#### `getViewportSize`\nThis command should return the size of the viewport in the format of the JSON object with the properties `width` and `height`. This command does not necessarily have to be implemented, since viewport size could be extracted from the browser, but if it is possibly better to have it implemented since the framework could already have this information.\n\n> **`WD!`** Protocol doesn't allow to manipulate viewport directly. Implement [setWindowSize](###setWindowSize) and [getWindowSize](###getWindowSize) instead.\n\nReference: [TS Playwright](https://github.com/applitools/eyes.sdk.javascript1/blob/864f0ebfec04dd370631de1703817e098faa55b8/packages/eyes-playwright/src/spec-driver.ts#L95)\n\n## Refer\nThe most important objects that sdk has to operate with are non-serializable (e.g. driver object, eyes instantiation) and could not be sent through the WebSocket protocol. It requires to implementation of a generic way for non-serializable object representation. Down below will be described a way that have to be used to create references on both client and server sides.\n\nReference implementation: [JS implementation](https://github.com/applitools/eyes.sdk.javascript1/blob/1a54c6b3f28b25b41a708f5b600ceabbf8fc9db6/packages/eyes-universal/src/refer.js), [Ruby implementation](https://github.com/applitools/eyes.sdk.javascript1/blob/poc/universal-ruby-sdk/rb/eyes-selenium/lib/applitools/refer.rb)\n\n### Refer storage\nRefer should have a key-value storage with each object reference was crated for. Keys in the storage are guids were used in the reference object. Objects should be removed from the storage, once they will not be in use anymore. The storage should support relations between different references, means that presence of some references should depend on presence of others (e.g. it doesn't make sense to keep elements in storage when driver was already destroyed.\n\n### Reference format\nEach ref is a JSON object with only one property `applitools-ref-id` with a guid string value.\n\n```ts\n{\n  'applitools-ref-id': string\n}\n```\n\nHow ever ref interface could be extended in some cases to provide more data about the object it referring to, for example it makes sense to add information about the selector to the element references, it will allow to avoid back and forth communication with the server in some rare cases.\n\n### Reference usage\nOn the client-side received from the server references (from commands [Core.makeManager](#Core.makeManager) and [EyesManager.openEyes](#EyesManager.openEyes)) could be used only to perform other server-side actions related to the object these references referring to. However, references which client sends to the server inevitably will be received back in one of the [Server-initiated commands](#Server-initiated-commands), in this case client should dereference received reference an perform required operation with actual object.\n\n## API\nThe API layer is the biggest part of the client implementation which should abstract the way end-user will use an sdk from the internal implementation. The main functional purpose of this layer should be to collect all of the configuration and inputs from a user and send them when actual action should be done. The biggest benefit of this architecture is that API (the biggest and the most chaotic part of the sdk) shouldn't be re-implemented again and again for each new framework.\n\nReference implementation: [TS Eyes API](https://github.com/applitools/eyes.sdk.javascript1/tree/eyes-api/packages/eyes-api)\n","engines":{"node":">=14.15.0"},"scripts":{"deps":"bongo deps","lint":"eslint '**/*.ts'","test":"yarn test:it && yarn test:e2e","build":"yarn build:dist && yarn build:bin","test:it":"echo 'mocha ./test/it/*.spec.js --no-timeouts'","version":"yarn build && bongo version","test:e2e":"mocha ./test/e2e/*.spec.ts --exit --no-timeouts -r ts-node/register","build:bin":"pkg ./dist/cli.js --out-path ./bin --compress GZip --targets node14-linux-x64,node14-macos-x64,node14-win-x64 && mv ./bin/cli-macos ./bin/eyes-universal-macos && mv ./bin/cli-linux ./bin/eyes-universal-linux && mv ./bin/cli-win.exe ./bin/eyes-universal-win.exe","build:tgz":"tar -czf ./bin/eyes-universal.tar.gz -C ./bin ./eyes-universal-linux ./eyes-universal-macos ./eyes-universal-win.exe","build:zip":"zip -j ./bin/eyes-universal.zip ./bin/eyes-universal-linux ./bin/eyes-universal-macos ./bin/eyes-universal-win.exe","build:dist":"tsc","gh:publish":"gh workflow run publish-universal.yml --ref $(git rev-parse --abbrev-ref HEAD)","preversion":"bongo preversion && yarn build && yarn build:zip && yarn build:tgz","postversion":"bongo postversion"},"_npmUser":{"name":"amitzur-applitools","email":"amit.zur@applitools.com"},"repository":{"url":"git@github.com:applitools/eyes.sdk.javascript1.git","type":"git","directory":"packages/eyes-universal"},"description":"Applitools Eyes Universal SDK","directories":{},"licenseText":"-  -\nSDK LICENSE AGREEMENT\nIMPORTANT - PLEASE READ CAREFULLY THE TERMS OF THIS LICENSE AGREEMENT (“AGREEMENT”). BY INSTALLING, ACCESSING AND/OR USING THE SOFTWARE (AS DEFINED BELOW), YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOU, OR THE COMPANY YOU REPRESENT, (“YOU” OR “LICENSEE”) ARE ENTERING INTO A LEGAL AGREEMENT WITH APPLITOOLS LTD. AND ITS AFFILIATES (“APPLITOOLS”), AND HAVE UNDERSTOOD AND AGREE TO COMPLY WITH, AND BE LEGALLY BOUND BY, THE TERMS AND CONDITIONS OF THIS AGREEMENT. YOU HEREBY WAIVE ANY RIGHTS OR REQUIREMENTS UNDER ANY LAWS OR REGULATIONS IN ANY JURISDICTION WHICH REQUIRE AN ORIGINAL (NON-ELECTRONIC) SIGNATURE OR DELIVERY OR RETENTION OF NON-ELECTRONIC RECORDS, TO THE EXTENT PERMITTED UNDER APPLICABLE LAW. \nTHE SOFTWARE MAY BE USED SOLELY FOR YOUR PERSONAL, NON-COMMERCIAL PURPOSES. FOR COMMERCIAL PURPOSES PLEASE CONTACT THE REGIONAL APPLITOOLS BUSINESS REPRESENTATIVE. \n1. Definitions. For purposes of this Agreement, the following capitalized terms shall have the following meaning:\n   1. “Documentation” means the user’s guides and technical manuals delivered by Applitools to Licensee.\n   2.  “Feedback” means suggestions, comments or feedback (whether orally or in writing) with respect to the Software.\n   3. “Intellectual Property Rights” means all intangible legal rights, titles and interests evidenced by or embodied in all: (i) inventions (regardless of patentability and whether or not reduced to practice), improvements thereto, patents, patent applications, patent disclosures, together with all reissuances, continuations, continuations in part, revisions, extensions and reexaminations thereof; (ii) trademarks, service marks, trade dress, logos, trade names, corporate names, together with translations, adaptations, derivations and combinations thereof, including goodwill associated therewith, and applications, registrations, and renewals in connection therewith; (iii) any work of authorship, regardless of copyrightable, copyrightable works, copyrights (including moral rights), and applications, registrations and renewals in connection therewith; (iv) mask works and applications, registrations and renewals in connection therewith; (v) trade secrets and Confidential Information; and (vi) other proprietary rights and any other similar rights, in each case on a worldwide basis, and copies and tangible embodiments thereof, in whatever form or medium.\n   4. “License” means the right to use the Software pursuant to Section ‎2.1 to this Agreement.\n   5.  “Software” means Applitools’ software development kit software in object or source code version, Documentation and any updates and upgrade thereto (to the extent delivered).\n1. 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Licensee acknowledges and agrees that any third party software (“Third Party Software”) that provided with the Software is provided under the terms of the license attached/linked thereto or, if no such license is attached, such Third Party Software is provided for free and on “AS IS” basis. Applitools is not liable for any losses or damages which may occur resulting from the use of any Third Party Software. Applitools does not possess any proprietary interest in such Third Party Software. \n   1. Open Source Licenses. The Software includes certain open source code software and materials (as shall be listed in the documentation of the Software) (“Open Source Software”) that are subject to their respective open source licenses (“Open Source Licenses”). Such Open Source Licenses contain a list of conditions with respect to warranty, copyright policy and other provisions. By executing this Agreement, Licensee undertakes to strictly comply with the terms and condition of the Open Source Licenses, as may be amended from time to time. In order to comply with the Open Source Licenses, Licensee shall read the respective licenses or notices, such list of Open Source Licenses may be amended from time to time by Applitools, at its sole discretion. In the event of any inconsistencies or conflicting provisions between the provisions of the Open Source Licenses and the provisions of this Agreement, the provisions of the Open Source Licenses shall prevail. Without derogating from the generality of the foregoing, it is clarified that any Open Source Software is provided on an “AS IS” basis, without indemnity or warranty of any kind, whether express or implied. For clarity, the representations and warranties set forth in Section ‎4 hereunder shall not apply to any Open Source Software.\n1. Title & Ownership. APPLITOOLS DOES NOT SELL OR TRANSFER TITLE IN THE SOFTWARE, OR ANY PART THEREOF, TO LICENSEE. The Documentation, Software (excluding any Open Source Software and Third Party Software therein which are owned by their respective licensors) and/or any copies thereof, including without limitation any derivative works made (regardless of whether such derivative works were made and/or developed pursuant to the request and/or specifications of Licensee, and irrespective of any support and/or assistance Applitools may, will or had received from Licensee, or any third party on its behalf, with respect thereto), as well as any updates or upgrades thereto, if provided to Applitools pursuant to this Agreement, shall remain Applitools’ sole and exclusive property. All Intellectual Property Rights evidenced by or embodied in and/or attached/connected/related to the Software, or part thereof, are and shall be owned solely and exclusively by Applitools. Nothing in this Agreement shall constitute a waiver of Applitools’ Intellectual Property Rights under any law, or be in any way construed or interpreted as such. It is further agreed that to the extent Licensee provides Applitools with Feedback, Licensee acknowledges that any and all rights, including Intellectual Property Rights in such Feedback shall belong exclusively to Applitools and Licensee hereby irrevocably and unconditionally transfers and assigns to Applitools all intellectual property rights in such Feedback and waives any and all moral rights that Licensee may have in respect thereto. It is further understood that use of Feedback, if any, may be made by Applitools at its sole discretion, and that Applitools in no way shall be obliged to make use of any kind of the Feedback or part thereof. \n1. Warranty. Applitools warrants that to its knowledge it has the right to grant the license under this Agreement. Applitools’ sole liability for any breach of this warranty or any other warranty under this Agreement shall be, at Applitools’ sole discretion: (i) to replace or repair the Software or the applicable portion thereof; or (ii) to terminate this Agreement.\n2. Warranty Exclusions. The warranties set forth in Section ‎4 are contingent upon Licensee’s proper use of the Software, and shall not apply to damage caused by abuse, misuse, alteration, neglect or unauthorized repair or installation, or by the use or attempted use of Software other than that supplied and supported by Applitools. Applitools will use reasonable commercial efforts to repair or replace the Software or the applicable portion thereof, pursuant to the foregoing warranty within thirty (30) days of being so notified.\n1. Warranty Disclaimers. AS BETWEEN LICENSEE AND APPLITOOLS, EXCEPT AS SET IN SECTION ‎4, THE SOFTWARE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND INCLUDING, WITHOUT LIMITATION, REPRESENTATIONS, WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR INTENDED OR PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, THAT THE SOFTWARE WILL MEET LICENSEE’S REQUIREMENTS OR EXPECTATIONS OR WILL ACHIEVE ANY SPECIFIC RESULTS AND THOSE ARISING BY STATUTE OR FROM A COURSE OF DEALING OR USAGE OF TRADE. Applicable law may not allow the exclusion of certain warranties, so to that extent such exclusions may not apply.\n1. High Risk Activities. You acknowledge that the Software is not fault tolerant and is not designed, manufactured, or intended for use or resale as on-line control equipment in hazardous or high risk environments and activities requiring fail-safe performance (such as in the operation of nuclear facilities, aircraft navigation or communication systems, air traffic control, direct life support machines and/or devices, or weapons systems) in which the failure of the Software could lead directly to death, personal injury, or severe physical or environmental damage, and You agree not to use or allow the use of the Software or any portion thereof for, or in connection with, any such environment or activity.\n1. Indemnify. You agree that Applitools shall have no liability whatsoever for any use made of the Software by You or any third party. You hereby agree to defend, indemnify and hold harmless Applitools and its affiliates and their respective officers, directors, agents and employees from any and all claims, damages, liabilities, costs, and expenses (including attorney’s fees) arising from claims related to Your use of the Software as well as from Your failure to comply with this Agreement.\n1. Limitation of Liability. UNDER NO CIRCUMSTANCES SHALL APPLITOOLS AND/OR ITS AFFILIATES BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, OR FOR ANY LOSS OF DATA, REVENUE, BUSINESS OR REPUTATION, THAT ARISES UNDER OR IN CONNECTION WITH THIS AGREEMENT, OR THAT RESULTS FROM THE USE OF, OR THE INABILITY TO USE, THE SOFTWARE. APPLITOOLS’S TOTAL AGGREGATE LIABILITY FOR ANY AND ALL DIRECT DAMAGES AND LOSSES THAT ARISE UNDER OR IN CONNECTION WITH THIS AGREEMENT SHALL NOT IN ANY CIRCUMSTANCE EXCEED THE AMOUNT OF 100.00 (ONE HUNDRED) UNITED STATES DOLLARS. THE FOREGOING LIMITATIONS AND EXCLUSIONS IN THIS SECTION ‎7 SHALL APPLY: (I) EVEN IF APPLITOOLS HAS BEEN ADVISED OF THE POSSIBILITY OF ANY DAMAGES OR LOSSES; (II) EVEN IF ANY REMEDY SET FORTH HEREIN FAILS OF ITS ESSENTIAL PURPOSE; AND (III) REGARDLESS OF THE BASIS OR THEORY OF LIABILITY.\n1. Export Laws. Licensee agrees to comply fully with all U.S., EU, Israeli, and all applicable export laws and regulations to ensure that neither the Software nor any technical data related thereto are exported or re-exported directly or indirectly in violation of, or used for any purposes prohibited by, such laws and regulations. For clarity, and without derogating from Section ‎11 below, in case of any change of any applicable law, policy or regulation, which might affect Applitools’ business, Applitools will have the right to terminate this Agreement and the license granted hereunder and the Licensee shall have no claims regarding such termination. \n1. Term and Termination. This Agreement shall continue until terminated as set forth in this section (the “Term”). You may terminate this Agreement at any time by removing the Software from Your system and destroying all copies of the Software and Documentation relating to the Software. Unauthorized copying of the Software or otherwise failing to comply with this Agreement will result in automatic immediate termination of this Agreement and will make available to Applitools legal remedies. Applitools reserves the right to terminate this Agreement and the License at any time and without notice. Upon termination of this Agreement, the License will terminate and You: (i) will cease any and all rights to use the Software, and (ii) will remove the Software from all hard drives, networks and other storage media and destroy all copies of the Software in your possession or under your control. The provisions of Sections ‎2.3, ‎2.4, ‎2.5, ‎6, ‎7, ‎8, ‎9, 10, ‎11 and ‎12 shall survive the termination, expiration or other ending of this Agreement.\n1. Miscellaneous. This Agreement represents the complete agreement concerning the Software between You and Applitools and supersedes all prior agreements and representations between You and Applitools. If any provision of this Agreement is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable. Any waiver of any provision of this Agreement will be effective only if in writing and signed by Applitools. This Agreement is personal to You and may not be assigned or transferred for any reason whatsoever without the consent of Applitools and any action or conduct in violation of the foregoing shall be void and without effect. Applitools expressly reserves the right to assign this Agreement and to delegate any of its obligations hereunder. This Agreement are governed by and construed under the laws of the State of Israel, excluding its conflicts of law rules. You expressly agree that the exclusive jurisdiction for any claim or action arising out of or relating to this Agreement shall be the courts located in Tel Aviv, Israel, and You further agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action. In any action or proceeding to enforce rights under this Agreement, the prevailing party shall be entitled to recover costs and attorneys’ fees.","dependencies":{"ws":"7.4.6","yargs":"16.1.0","webdriver":"7.16.11","@applitools/utils":"1.2.13","@applitools/logger":"1.0.11","@applitools/eyes-sdk-core":"13.0.7-beta.0","@applitools/visual-grid-client":"15.9.1-beta.0"},"_hasShrinkwrap":false,"readmeFilename":"README.md","devDependencies":{"pkg":"^5.3.2","mocha":"^9.0.0","eslint":"^7.9.0","ts-node":"^10.0.0","prettier":"^2.1.2","@types/ws":"^7.4.4","typescript":"^4.5.2","@types/mocha":"^9.0.0","@types/yargs":"^17.0.0","@applitools/types":"1.0.25","eslint-plugin-node":"^11.1.0","@applitools/test-utils":"^1.0.12","eslint-config-prettier":"^7.2.0","eslint-plugin-prettier":"^3.3.1","@typescript-eslint/parser":"^4.15.1","@applitools/sdk-release-kit":"^0.13.11","eslint-plugin-mocha-no-only":"^1.1.1","@applitools/sdk-coverage-tests":"^2.3.18","@typescript-eslint/eslint-plugin":"^4.15.1"},"_npmOperationalInternal":{"tmp":"tmp/eyes-universal_1.1.1-beta.0_1646222112988_0.9230572431439903","host":"s3://npm-registry-packages"}},"1.1.1-beta.1":{"name":"@applitools/eyes-universal","version":"1.1.1-beta.1","keywords":["applitools","eyes","test 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LICENSE","_id":"@applitools/eyes-universal@1.1.1-beta.1","maintainers":[{"name":"david.haeffner","email":"david.haeffner@applitools.com"},{"name":"chaimaharonson","email":"chaim.aharonson@applitools.com"},{"name":"roy.sela","email":"roy.sela@applitools.com"},{"name":"ronikar_applitools","email":"roni.karilkar@applitools.com"},{"name":"anton-chuev","email":"anton.chuev@applitools.com"},{"name":"danielputerman","email":"daniel.puterman@applitools.com"},{"name":"amitzur","email":"sendwithchibo@gmail.com"},{"name":"ramapplitools","email":"ram.nathaniel@applitools.com"},{"name":"applitools-admin","email":"team@applitools.com"},{"name":"applitools-readonly","email":"gil.tayar@applitools.com"},{"name":"iasisapp","email":"itamar.asis@applitools.com"},{"name":"yotammadem","email":"yotammadem@gmail.com"},{"name":"liranbarokas","email":"liranbarokas@gmail.com"},{"name":"itayy.applitools","email":"Itay.yelin@applitools.com"},{"name":"denis.styrt","email":"denis.styrt@applitools.com"},{"name":"kyrylo.onufriiev","email":"kyrylo.onufriiev@applitools.com"},{"name":"amitzur-applitools","email":"amit.zur@applitools.com"},{"name":"yardenw.applitools","email":"yarden.wieder@applitools.com"},{"name":"ormeda","email":"ormeird@gmail.com"},{"name":"vgprod","email":"vgteam@applitools.com"},{"name":"adam.carmi","email":"adam.carmi@applitools.com"},{"name":"danoam","email":"noam.davidovitz@applitools.com"},{"name":"clementbarry","email":"klemobari@gmail.com"},{"name":"sophieta","email":"sophie.tagar@applitools.com"}],"homepage":"https://applitools.com/","bugs":{"url":"https://github.com/applitools/eyes.sdk.javascript1/issues"},"bin":{"eyes-universal":"dist\\cli.js"},"dist":{"shasum":"89e6bacc4d4d171d96ae980c6858513772fd5925","tarball":"https://registry.npmjs.org/@applitools/eyes-universal/-/eyes-universal-1.1.1-beta.1.tgz","fileCount":20,"integrity":"sha512-gPx9Sqm9PpzbUaJhG6PKAYN2GSS1hicKNFQR8XXQDsQMcZO5Sv6I+O6fED9WqNSUF7dU5galxuB80TA7MfchMQ==","signatures":[{"sig":"MEUCIQCPXM1JKrMU5sCnX3zicvtR1P7tdm/s6VkN2AL95EZc2AIgMu3D1OFn6NWER9Y6Agw/y6LrwgUezBx75Ha13IzZUSk=","keyid":"SHA256:jl3bwswu80PjjokCgh0o2w5c2U4LhQAE57gj9cz1kzA"}],"unpackedSize":111187,"npm-signature":"-----BEGIN 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Universal\n<center>\n\n  ![Applitools Eyes](https://i.ibb.co/3hWJK68/applitools-eyes-logo.png)\n\n  [![npm](https://img.shields.io/npm/v/@applitools/eyes-universal?color=%2302afc2&label=npm&logo=npm)](https://www.npmjs.com/package/@applitools/eyes-universal)\n  [![GitHub release (latest by date)](https://img.shields.io/badge/binaries-download-%2302afc2?logo=github)](https://github.com/applitools/eyes.sdk.javascript1/releases)\n\n</center>\n\n- [Eyes Universal](#eyes-universal)\n  - [Introduction](#introduction)\n  - [WebSocket](#websocket)\n    - [Universal SDK messaging protocol](#universal-sdk-messaging-protocol)\n      - [Request format](#request-format)\n      - [Response format](#response-format)\n      - [Event format](#event-format)\n    - [Client-initiated events](#client-initiated-events)\n      - [Session.init](#sessioninit)\n    - [Client-initiated commands](#client-initiated-commands)\n      - [Core.makeManager](#coremakemanager)\n      - [EyesManager.openEyes](#eyesmanageropeneyes)\n      - [EyesManager.closeManager](#eyesmanagerclosemanager)\n      - [Eyes.check](#eyescheck)\n      - [Eyes.locate](#eyeslocate)\n      - [Eyes.extractTextRegions](#eyesextracttextregions)\n      - [Eyes.extractText](#eyesextracttext)\n      - [Eyes.close](#eyesclose)\n      - [Eyes.abort](#eyesabort)\n      - [Core.getViewportSize](#coregetviewportsize)\n      - [Core.setViewportSize](#coresetviewportsize)\n      - [Core.closeBatches](#coreclosebatches)\n      - [Core.deleteTest](#coredeletetest)\n    - [Server-initiated commands](#server-initiated-commands)\n  - [SpecDriver](#specdriver)\n    - [Utility commands](#utility-commands)\n      - [`isDriver`](#isdriver)\n      - [`isElement`](#iselement)\n      - [`isSelector`](#isselector)\n      - [`transformDriver`](#transformdriver)\n      - [`transformElement`](#transformelement)\n      - [`extractSelector`](#extractselector)\n      - [`isStaleElementError`](#isstaleelementerror)\n      - [`isEqualElements`](#isequalelements)\n    - [Core commands](#core-commands)\n      - [`mainContext`](#maincontext)\n      - [`parentContext`](#parentcontext)\n      - [`childContext`](#childcontext)\n      - [`executeScript`](#executescript)\n      - [`findElement`](#findelement)\n      - [`findElements`](#findelements)\n      - [`getDriverInfo`](#getdriverinfo)\n      - [`getOrientation`](#getorientation)\n      - [`getTitle`](#gettitle)\n      - [`getUrl`](#geturl)\n      - [`takeScreenshot`](#takescreenshot)\n      - [`getElementRect`](#getelementrect)\n      - [`setWindowSize`](#setwindowsize)\n      - [`getWindowSize`](#getwindowsize)\n      - [`setViewportSize`](#setviewportsize)\n      - [`getViewportSize`](#getviewportsize)\n  - [Refer](#refer)\n    - [Refer storage](#refer-storage)\n    - [Reference format](#reference-format)\n    - [Reference usage](#reference-usage)\n  - [API](#api)\n\n\n## Introduction\nThe main purpose of client implementation (*Client*) is to provide a language binding for the functionality core implemented in JavaScript (*Server*). *Server* controls everything, and *Client* doesn't need to know anything about how work is done.\n\nFor the *Client* to be able to communicate with the *Server* it has to implement [WebSocket Client](#WebSocket) communication layer. Through the WebSocket channel *Client* could send commands to the *Server* in order to perform any operations, at the same time *Server* will send commands to the *Client* in order to automate an environment. *Client* has to implement a set of commands ([SpecDriver](#SpecDriver)) and perform those commands when *Server* will ask for it. Since the execution of any command requires knowing about the context this command should be executed in, *Client* should pass some context references to the *Server*. To solve this problem *Client* have to implement a [Refer](#Refer) mechanism. Refer should help *Client* to send non-serializable data to the server, and when this data will be received back from the server easily deref it to the original non-serializable object.\n\nIn case of using WebDrive based framework on the *Client*, implementation of a ([SpecDriver](#SpecDriver)) could be avoided as well as a [Refer](#Refer)  implementation. This simplification could be achieved by providing information about WebDriver automation session instead of the driver, also it requires to provide element ids instead of the elements. Since all of the non-serializable objects are replaced with a serializable data object the need in [Refer](#Refer) is eliminated.\n\nThe biggest part of the client implementation is the actual user-facing [API layer](#API), it should not contain any specific logic, but only perform some input data validation, collecting, and processing before these data will be sent to the server. API layer should not have any binding to the automation framework it should be used with, it will help to re-use API layer for different frameworks.\n\n## WebSocket\nThe client-server architecture of the universal sdk requires an implementation of the communication layer between the *Client* and the *Server*. Because of a major need for bidirectional communication, WebSocket protocol was chosen. WebSocket protocol operates only with messages, and each of those is an independent chunk of data. The protocol doesn't support getting a response on a message. This is why the format of communication is determined by a proprietary request-response messaging interface (*Universal SDK messaging protocol*), which requires a specific format of client-server messages.\n\nAll of the commands should be treated as requests, which means that response is always has to be sent after a request is received. But simple events are also allowed by the *Universal SDK messaging protocol*, which means that *Client*, as well as *Server*, could send a message which doesn't require any response.\n\nReference implementation: [JS implementation](https://github.com/applitools/eyes.sdk.javascript1/blob/1a54c6b3f28b25b41a708f5b600ceabbf8fc9db6/packages/eyes-universal/src/socket.js), [Ruby implementation](https://github.com/applitools/eyes.sdk.javascript1/blob/poc/universal-ruby-sdk/rb/eyes-selenium/lib/applitools/socket.rb)\n\n### Universal SDK messaging protocol\nThe protocol describes the format of messages of different types such as [Request](#Request-format), [Response](#Response-format), and [Event](#Event-format). Each of the messages should be formatted as a JSON string.\n\n> **`IDEA`** maybe it makes sense to also support something like UBJSON, it might be helpful in order to send screenshots from *Client* without conversion to the base64 string, which is an obvious overhead.\n\nBoth client an server operate with their own sets of non-serializable object, which have to be somehow sent through the WebSocket. On client non-serializable objects are drivers, elements, and maybe selectors, at the same time server operates with runner and eyes abstractions. The protocol describes a generic way to represent non-serializable objects (for client, as well as for server) through the separate module [Refer](#Refer) with a strict patter and format of references.\n\n#### Request format\n```ts\n{\n  name: string, // could be any string, but recommended format is \"<Domain>.<requestName>\" (e.g. \"Driver.executeScript\")\n  key: string, // could be any random string, this value will be used to associate response with actual request.\n  payload?: any // any input data\n}\n```\n\n#### Response format\n```ts\n{\n  name: string, // name of the request this response sent for\n  key: string, // key value received in request\n  payload: {\n    result?: any, // result of the request if it was finished successfully\n    error?: { // error object if exception was thrown during action processing\n      message: string // error massage\n      stack: string // error stack trace\n    }\n  }\n}\n```\n\n#### Event format\n```ts\n{\n  name: string, // could be any string, but recommended format is \"<Domain>.<eventName>\"\n  payload?: any // any event data\n}\n```\n\n### Client-initiated events\nIn order to pass some data to the *Server* and let *Server* process it on its own *Client* could send lightweight events ([Event format](#Event-format)), which will not be responded in any way.\n\n#### Session.init\nThis event has to be sent in the first place just after a connection between *Client* and *Server* will be established. *Client* should send an important metadata about itself in a format:\n```ts\n{\n  name: string, // name of the client sdk\n  version: string, // version of the client sdk\n  commands?: string[], // array of command names that could be processed by the client sdk\n  protocol?: 'webdriver' // the name of the prebuilt server-side spec driver\n}\n```\n\n### Client-initiated commands\nIn order to perform any action, the *Client* has to send a proper request to the *Server* in a specific format ([Request format](#Request-format)) and wait for the response in a format described here ([Response format](#Response-format)).\n\n#### Core.makeManager\nThis request should be sent to create a manager object. It expects input of type [EyesManagerConfig](https://github.com/applitools/eyes.sdk.javascript1/blob/0eec1b760d07489f62d95b9441d0ee5c560c24a1/packages/types/src/config.ts#L19).\n\nIn response client should expect to get a manager reference ([ManagerRef](#Reference-format)), this reference has to be used in order to perform manager related actions ([EyesManager.openEyes](#EyesManager.openEyes), [EyesManager.closeManager](#EyesManager.closeManager))\n\n> Do not send this command in a moment when `EyesManager` is constructed but instead send it lazily when the actual eyes object has to be opened. Pay attention that in this architecture eyes could be created only from a manager instance, and creation and opening of the eyes are combined in a single operation.\n\n#### EyesManager.openEyes\nThis command has to be used in order to create an eyes object. It expects input with related [ManagerRef](#Reference-format) (from [Core.makeManager](#Core.makeManager)), [DriverRef](#Reference-format), and [EyesConfig](https://github.com/applitools/eyes.sdk.javascript1/blob/0eec1b760d07489f62d95b9441d0ee5c560c24a1/packages/types/src/config.ts#L25) in a format:\n```ts\n{\n  manager: ManagerRef, // reference received from \"Core.makeManager\" command\n  driver: DriverRef, // reference to the driver that will be used by the server in order to perform automation\n  config?: EyesConfig // configuration object that will be associated with a new eyes object, it could be overridden later\n}\n```\n\nIn response client should expect to get an eyes reference ([EyesRef](#Reference-format)), this reference has to be used in eyes related requests ([Eyes.check](#Eyes.check), [Eyes.locate](#Eyes.locate), [Eyes.extractTextRegions](#Eyes.extractTextRegions), [Eyes.extractText](#Eyes.extractText), [Eyes.close](#Eyes.close), [Eyes.abort](#Eyes.abort))\n\n#### EyesManage.closeManager\nThis command is meant to be used to close all eyes objects created with this runner, abort unclosed test, and return a summary with results, and exceptions from each of the eyes objects. It expects an input with a related [ManagerRef](#Reference-format) (from [Core.makeManager](#Core.makeManager) and a `throwErr` property:\n```ts\n{\n  manager: ManagerRef\n  throwErr: boolean\n}\n```\n\nIn response client will receive an array of [TestResult](https://github.com/applitools/eyes.sdk.javascript1/blob/0eec1b760d07489f62d95b9441d0ee5c560c24a1/packages/types/src/data.ts#L205)'s\n\n> This command will never throw error due to test result status. This functionality should be implemented on client side.\n\n#### Eyes.check\nThis command is used to perform a check/match action. It expects input with a related [EyesRef](#Reference-format), [CheckSettings](https://github.com/applitools/eyes.sdk.javascript1/blob/0eec1b760d07489f62d95b9441d0ee5c560c24a1/packages/types/src/setting.ts#L66), and [EyesConfig](https://github.com/applitools/eyes.sdk.javascript1/blob/0eec1b760d07489f62d95b9441d0ee5c560c24a1/packages/types/src/config.ts#L25) in a format:\n```ts\n{\n  eyes: EyesRef,\n  settings?: CheckSettings,\n  config?: EyesConfig\n}\n```\n\nIn a case of success, the client will receive a response with [MatchResult](https://github.com/applitools/eyes.sdk.javascript1/blob/0eec1b760d07489f62d95b9441d0ee5c560c24a1/packages/types/src/data.ts#L200) object.\n\n#### Eyes.locate\nThis command is used to perform a locate action. It expects input with a related [EyesRef](#Reference-format), [LocateSettings](https://github.com/applitools/eyes.sdk.javascript1/blob/0eec1b760d07489f62d95b9441d0ee5c560c24a1/packages/types/src/setting.ts#L92), and [EyesConfig](https://github.com/applitools/eyes.sdk.javascript1/blob/0eec1b760d07489f62d95b9441d0ee5c560c24a1/packages/types/src/config.ts#L25) in a format:\n```ts\n{\n  eyes: EyesRef,\n  settings: LocateSettings,\n  config?: EyesConfig\n}\n```\n\nIn a case of success, the client will receive a response with an object where locator names, passed in [LocateSettings](https://github.com/applitools/eyes.sdk.javascript1/blob/0eec1b760d07489f62d95b9441d0ee5c560c24a1/packages/types/src/setting.ts#L92), are correlated with [Region](https://github.com/applitools/eyes.sdk.javascript1/blob/0eec1b760d07489f62d95b9441d0ee5c560c24a1/packages/types/src/data.ts#L59)'s.\n```ts\n{\n  [key: string]: Region\n}\n```\n\n#### Eyes.extractTextRegions\nThis command has to be used to extract text regions from a page. It expects input with a related [EyesRef](#Reference-format), [OCRSearchSettings](https://github.com/applitools/eyes.sdk.javascript1/blob/0eec1b760d07489f62d95b9441d0ee5c560c24a1/packages/types/src/setting.ts#L85), and [EyesConfig](https://github.com/applitools/eyes.sdk.javascript1/blob/0eec1b760d07489f62d95b9441d0ee5c560c24a1/packages/types/src/config.ts#L25) in a format:\n```ts\n{\n  eyes: EyesRef,\n  settings: OCRSearchSettings,\n  config?: EyesConfig\n}\n```\n\nIn a case of success, the client will receive a response with an object where patterns, passed in [OCRSearchSettings](https://github.com/applitools/eyes.sdk.javascript1/blob/0eec1b760d07489f62d95b9441d0ee5c560c24a1/packages/types/src/setting.ts#L85), are correlated with arrays of [TextRegion](https://github.com/applitools/eyes.sdk.javascript1/blob/0eec1b760d07489f62d95b9441d0ee5c560c24a1/packages/types/src/data.ts#L61)'s.\n\n```ts\n{\n  [key: string]: TextRegion[]\n}\n```\n\n#### Eyes.extractText\nThis command has to be used to extract text regions from a page. It expects input with a related [EyesRef](#Reference-format), array of [OCRExtractSettings](https://github.com/applitools/eyes.sdk.javascript1/blob/0eec1b760d07489f62d95b9441d0ee5c560c24a1/packages/types/src/setting.ts#L78)'s, and [EyesConfig](https://github.com/applitools/eyes.sdk.javascript1/blob/0eec1b760d07489f62d95b9441d0ee5c560c24a1/packages/types/src/config.ts#L25) in a format:\n```ts\n{\n  eyes: EyesRef,\n  regions: OCRExtractSettings[],\n  config?: EyesConfig\n}\n```\n\nIn a case of success, the client will receive a response with arrays of strings.\n\n#### Eyes.close\nThis command has to be used in order to close eyes object and finish the test. It doesn't expect any input except a related [EyesRef](#Reference-format).\n```ts\n{\n  eyes: EyesRef\n}\n```\n\nIn a case of success, the client will receive a response with [TestResult](https://github.com/applitools/eyes.sdk.javascript1/blob/0eec1b760d07489f62d95b9441d0ee5c560c24a1/packages/types/src/data.ts#L205) object.\n\n> This command will never throw error due to test result status. This functionality should be implemented on client side.\n\n#### Eyes.abort\nThis command has to be used to abort eyes object. It doesn't expect any input except a related [EyesRef](#Reference-format).\n```ts\n{\n  eyes: EyesRef\n}\n```\n\nIn a case of success, the client will receive a response with [TestResult](https://github.com/applitools/eyes.sdk.javascript1/blob/0eec1b760d07489f62d95b9441d0ee5c560c24a1/packages/types/src/data.ts#L205) object.\n\n#### Core.getViewportSize\nThis command has to be used to get the current viewport size of the given driver. It expects input with [DriverRef](#Reference-format) in a format: \n```ts\n{\n  driver: DriverRef\n}\n```\n\nIn case of success, the client will receive a response with [Size](https://github.com/applitools/eyes.sdk.javascript1/blob/0eec1b760d07489f62d95b9441d0ee5c560c24a1/packages/types/src/data.ts#L54) object.\n\n> WD protocol doesn't have api to extract viewport size of the browser window, however Appium has this api as well as CDP. So even if it is doesn't make lots of sense to get this information through the server, better do it this way so server could know about this data.\n\n#### Core.setViewportSize\nThis command has to be used to set the current viewport size of the given driver which automates desktop browser window. If this command will be executed for driver which doesn't support viewport resizing error will be thrown. Also error will be thrown if it isn't possible to resize viewport to the required size. The command expects input with [DriverRef](#Reference-format) and [Size](https://github.com/applitools/eyes.sdk.javascript1/blob/0eec1b760d07489f62d95b9441d0ee5c560c24a1/packages/types/src/data.ts#L54) in a format:\n```ts\n{\n  driver: DriverRef,\n  size: Size\n}\n```\n\n#### Core.closeBatches\nThis command has to be used to close batches by their ids. It expects input of type [CloseBatchesSettings](https://github.com/applitools/eyes.sdk.javascript1/blob/0eec1b760d07489f62d95b9441d0ee5c560c24a1/packages/types/src/setting.ts#L97)\n\n#### Core.deleteTest\nThis command has to be used to close delete test results from the eyes dashboard.\n\n### Server-initiated commands\n*Server* has to send a request to the *Client* in order to perform automation using driver api. It will be done through the special interface (a.k.a. [SpecDriver](#SpecDriver)) which abstracts out any framework specifics. Requests which *Server* could possibly send to the client limited only with a set of the [SpecDriver](#SpecDriver) commands.\n\nSince [SpecDriver](#SpecDriver) has a various number of commands, where some of the commands contradict others, *Server* should know the exact set of commands which it could send to the *Client*, this information should be passed in [Session.init](#Session.init) event.\n\nEach [SpecDriver](#SpecDriver) command will be received as request with name `\"Driver.<commandName>\"`, for example to call [findElement](#findElement) command *Server* will send `\"Driver.findElement\"` request to the *Client*. Arguments of the [SpecDriver](#SpecDriver) command will be sent in payload, as an object where keys has the same names as arguments, for example to call [findElement](#findElement) command *Server* will send a payload with keys `driver` and `selector`. Result of the [SpecDriver](#SpecDriver) command has to be sent by the *Client* as a payload in the response message.\n\n## SpecDriver\nSpec driver is a simple set of functions where each function performs automation by calling framework (e.g. selenium) API. We need this interface between our code and an actual driver to abstract out framework api.\n\nDown below is a list with descriptions of every method that could be implemented in the spec driver, but the need for implementation depends on the framework.\n\n### Utility commands\n\n#### `isDriver`\nThis command accepts driver instance as an argument and should return `true` if this is a valid driver instance, otherwise `false`.\n\nReference: [TS Selenium](https://github.com/applitools/eyes.sdk.javascript1/blob/864f0ebfec04dd370631de1703817e098faa55b8/packages/eyes-selenium/src/spec-driver.ts#L32)\n\n#### `isElement`\nThis command accepts element as an argument and should return `true` if this is a valid element, otherwise `false`.\n\nReference: [TS Selenium](https://github.com/applitools/eyes.sdk.javascript1/blob/864f0ebfec04dd370631de1703817e098faa55b8/packages/eyes-selenium/src/spec-driver.ts#L36), [Ruby Selenium](https://github.com/applitools/eyes.sdk.javascript1/blob/24c660e3cc7504d0547901f67a467324c45b2f25/rb/eyes-selenium/lib/applitools/selenium/spec-driver.rb#L6)\n\n#### `isSelector`\nThis command accepts selector as an argument and should return `true` if this is a valid selector, otherwise `false`. Valid selectors should be one of three formats:\n\n1. The one supported by the framework (e.g. `By.css('html')` for selenium)\n2. JSON object with properties `type` with value `\"css\"` or `\"xpath\"` and `selector` with string value.\n3. Simple string, if the framework doesn't handle strings by itself, then the string should be treated as css selector.\n\nReference: [TS Selenium](https://github.com/applitools/eyes.sdk.javascript1/blob/864f0ebfec04dd370631de1703817e098faa55b8/packages/eyes-selenium/src/spec-driver.ts#L38)\n\n#### `transformDriver`\nThis command is used only once for the driver in order to do some modifications or even replacements in a given driver instance. It might be helpful when some additional configuration is required before start working with the driver. If this method implemented whenever will be returned from it will be used instead of the driver.\n\nReference: [TS Selenium](https://github.com/applitools/eyes.sdk.javascript1/blob/864f0ebfec04dd370631de1703817e098faa55b8/packages/eyes-selenium/src/spec-driver.ts#L47)\n\n#### `transformElement`\nThis command is used to transform elements before using them (e.g. as `executeScript` argument). It accepts a value that has to be treated as an element, but the framework itself can't handle this value on its own. Some frameworks might support more than one element format, and these formats might be not equal in terms of usage.\n\n> How to understand to which format you should transform? The correct way to understand which format is superior on others you should check which one works the best in those commands [executeScript](###executeScript) and [childContext](###childContext).\n\nReference: [TS WDIO](https://github.com/applitools/eyes.sdk.javascript1/blob/864f0ebfec04dd370631de1703817e098faa55b8/packages/eyes-webdriverio-5/src/spec-driver.ts#L100)\n\n#### `extractSelector`\nThis command is used to extract a selector from an element object. Not all frameworks keep information about the selector which was used to find an element, but if does it will help to handle some edge cases with stale element errors.\n\nReference: [TS WDIO](https://github.com/applitools/eyes.sdk.javascript1/blob/864f0ebfec04dd370631de1703817e098faa55b8/packages/eyes-webdriverio-5/src/spec-driver.ts#L104)\n\n#### `isStaleElementError`\nThis command is used to understand if an error is a stale element error, it accepts an error object and should return `true` if the error is thrown because of element reference was stale.\n\nReference: [TS Selenium](https://github.com/applitools/eyes.sdk.javascript1/blob/864f0ebfec04dd370631de1703817e098faa55b8/packages/eyes-selenium/src/spec-driver.ts#L55)\n\n#### `isEqualElements`\nThis command is used to understand if two element objects are references to the same element on a web page (or in a native app), should return `true` if elements are the same.\n\n> **`WD!`** Elements could be compared by their IDs, since by the protocol specification element ID should be unique across all of the frames and the same for the same element, however not all WD implementation keep that rule (e.g. iOS Safari). In this case, elements could be compared in a browser by executing a script with those elements which will compare them, if a stale element error will be thrown, elements are obviously not equivalent.\n\nReference: [TS WDIO](https://github.com/applitools/eyes.sdk.javascript1/blob/eyes-api/packages/eyes-webdriverio-5/src/spec-driver.ts#L112)\n\n### Core commands\nEach command in this section accepts driver/context as a first argument.\n\n#### `mainContext`\nThis command is used to get access to the main/top-level frame from the current/given frame.\n\n> **`WD!`** This command has to change driver's current frame to the topmost frame, and not necessarily return driver.\n\n> **`CDP!`** This command has to return the topmost (the one which doesn't have a parent) frame in a hierarchy from the given frame.\n\nReferences: [TS Selenium](https://github.com/applitools/eyes.sdk.javascript1/blob/864f0ebfec04dd370631de1703817e098faa55b8/packages/eyes-selenium/src/spec-driver.ts#L78), [TS Playwright](https://github.com/applitools/eyes.sdk.javascript1/blob/864f0ebfec04dd370631de1703817e098faa55b8/packages/eyes-playwright/src/spec-driver.ts#L67), [Ruby Selenium](https://github.com/applitools/eyes.sdk.javascript1/blob/24c660e3cc7504d0547901f67a467324c45b2f25/rb/eyes-selenium/lib/applitools/selenium/spec-driver.rb#L21)\n\n#### `parentContext`\nThis command is used to get access to the parent frame of the current/given frame.\n\n> **`WD!`** This command has to change driver's current frame to the parent frame of the current frame, and not necessarily return driver. Legacy implementations of some frameworks (e.g. selenium 3, wdio 4) don't have a dedicated api for this functionality, in this case, the only way to perform the action is by sending a request to the endpoint by yourself ([WD Spec](https://www.w3.org/TR/webdriver/#switch-to-parent-frame)).\n\n> **`CDP!`** This command have to return the parent frame (previous in a hierarchy) of the given frame.\n\nReferences: [TS Selenium](https://github.com/applitools/eyes.sdk.javascript1/blob/864f0ebfec04dd370631de1703817e098faa55b8/packages/eyes-selenium/src/spec-driver.ts#L82), [TS Playwright](https://github.com/applitools/eyes.sdk.javascript1/blob/864f0ebfec04dd370631de1703817e098faa55b8/packages/eyes-playwright/src/spec-driver.ts#L75), [Ruby Selenium](https://github.com/applitools/eyes.sdk.javascript1/blob/24c660e3cc7504d0547901f67a467324c45b2f25/rb/eyes-selenium/lib/applitools/selenium/spec-driver.rb#L25)\n\n#### `childContext`\nThis command is used to get access to the child frame of the current/given frame by **element** which refer to the target iframe.\n\n> **`WD!`** This command has to change driver's current frame to the child frame using given element, and not necessarily return driver.\n\n> **`CDP!`** This command has to return the content frame of the given element, parent frame is still provided in arguments, but the protocol doesn't require to use of it.\n\nReferences: [TS Selenium](https://github.com/applitools/eyes.sdk.javascript1/blob/864f0ebfec04dd370631de1703817e098faa55b8/packages/eyes-selenium/src/spec-driver.ts#L91), [TS Playwright](https://github.com/applitools/eyes.sdk.javascript1/blob/864f0ebfec04dd370631de1703817e098faa55b8/packages/eyes-playwright/src/spec-driver.ts#L79), [Ruby Selenium](https://github.com/applitools/eyes.sdk.javascript1/blob/24c660e3cc7504d0547901f67a467324c45b2f25/rb/eyes-selenium/lib/applitools/selenium/spec-driver.rb#L29)\n\n#### `executeScript`\nThis command executes a given script of type string with given arguments in a given context.\n\n> **`CDP!`** The protocol is not able to execute scripts that are not function declaration, this means that just function body or JS expression are not valid scripts, for example `return document. title`, has to be transformed to `function(){ return document.title }`.\n\nReferences: [TS Selenium](https://github.com/applitools/eyes.sdk.javascript1/blob/864f0ebfec04dd370631de1703817e098faa55b8/packages/eyes-selenium/src/spec-driver.ts#L71), [TS Playwright](https://github.com/applitools/eyes.sdk.javascript1/blob/864f0ebfec04dd370631de1703817e098faa55b8/packages/eyes-playwright/src/spec-driver.ts#L62), [Ruby Selenium](https://github.com/applitools/eyes.sdk.javascript1/blob/24c660e3cc7504d0547901f67a467324c45b2f25/rb/eyes-selenium/lib/applitools/selenium/spec-driver.rb#L14)\n\n#### `findElement`\nThis command finds element by a given selector in a given context. If an element doesn't exist, `null` should be returned (**do not throw**). See [isSelector](###isSelector) command for selector formats.\n\nReference: [TS Selenium](https://github.com/applitools/eyes.sdk.javascript1/blob/864f0ebfec04dd370631de1703817e098faa55b8/packages/eyes-selenium/src/spec-driver.ts#L95), [Ruby Selenium](https://github.com/applitools/eyes.sdk.javascript1/blob/24c660e3cc7504d0547901f67a467324c45b2f25/rb/eyes-selenium/lib/applitools/selenium/spec-driver.rb#L33)\n\n#### `findElements`\nThis command finds multiple elements by a given selector in a given context. If no elements don't exist, an empty array (`[]`) should be returned. See [isSelector](###isSelector) command for selector formats.\n\nReference: [TS Selenium](https://github.com/applitools/eyes.sdk.javascript1/blob/864f0ebfec04dd370631de1703817e098faa55b8/packages/eyes-selenium/src/spec-driver.ts#L103), [Ruby Selenium](https://github.com/applitools/eyes.sdk.javascript1/blob/24c660e3cc7504d0547901f67a467324c45b2f25/rb/eyes-selenium/lib/applitools/selenium/spec-driver.rb#L37)\n\n#### `getDriverInfo`\nThis command is used to extract information about the driver and environment in the very beginning. Keep in mind that not all of the properties are required.\n\nHere is a schema of the JSON object this method should return.\n```ts\n{\n  sessionId?: string, // aut session id\n  isMobile?: boolean, // true if the environment is a mobile device (e.g. os is android or ios), this doesn't necessarily mean a native app is tested\n  isNative?: boolean, // true if the environment is a native app (so no browser)\n  deviceName?: string, // device name\n  platformName?: string, // os name\n  platformVersion?: string, // os version\n  browserName?: string, // browser name\n  browserVersion?: string, //browser version\n}\n```\n\n> In fact if your framework doesn't support native apps automation the whole method could be skipped, in this case, data will be extracted from a user agent, but better implement it, if possible. All of the information is contained in the capabilities of the driver. In the future, we might want to provide more information here.\n\nReference: [TS Selenium](https://github.com/applitools/eyes.sdk.javascript1/blob/864f0ebfec04dd370631de1703817e098faa55b8/packages/eyes-selenium/src/spec-driver.ts#L155)\n\n#### `getOrientation`\nThis command is not required if the framework doesn't support native apps automation. This command should return `\"landscape\"` or `\"portrait\"` strings in **lowercase** depends on device orientation.\n\n> If the framework supports device rotation in runtime, then orientation should also be extracted in runtime and not from capabilities. ([Appium spec](https://appium.io/docs/en/commands/session/orientation/get-orientation/))\n\nReference: [TS WDIO](https://github.com/applitools/eyes.sdk.javascript1/blob/864f0ebfec04dd370631de1703817e098faa55b8/packages/eyes-webdriverio-5/src/spec-driver.ts#L220)\n\n#### `getTitle`\nThis command should return the title of the page.\n\nReference: [TS Selenium](https://github.com/applitools/eyes.sdk.javascript1/blob/864f0ebfec04dd370631de1703817e098faa55b8/packages/eyes-selenium/src/spec-driver.ts#L179), [Ruby Selenium](https://github.com/applitools/eyes.sdk.javascript1/blob/24c660e3cc7504d0547901f67a467324c45b2f25/rb/eyes-selenium/lib/applitools/selenium/spec-driver.rb#L54)\n\n#### `getUrl`\nThis command should return the current url of the page.\n\nReference: [TS Selenium](https://github.com/applitools/eyes.sdk.javascript1/blob/864f0ebfec04dd370631de1703817e098faa55b8/packages/eyes-selenium/src/spec-driver.ts#L182), [Ruby Selenium](https://github.com/applitools/eyes.sdk.javascript1/blob/24c660e3cc7504d0547901f67a467324c45b2f25/rb/eyes-selenium/lib/applitools/selenium/spec-driver.rb#L58)\n\n#### `takeScreenshot`\nThis command should use the default framework api to take a screenshot of the viewport (**without any stabilization**). The result should be returned as base64 encoded string.\n\nReference: [TS Selenium](https://github.com/applitools/eyes.sdk.javascript1/blob/864f0ebfec04dd370631de1703817e098faa55b8/packages/eyes-selenium/src/spec-driver.ts#L188), [Ruby Selenium](https://github.com/applitools/eyes.sdk.javascript1/blob/24c660e3cc7504d0547901f67a467324c45b2f25/rb/eyes-selenium/lib/applitools/selenium/spec-driver.rb#L74)\n\n#### `getElementRect`\nThis command is used to get metrics of the **native** element only. This command will not be used for the web, since a more complex algorithm is required. The result should be returned as a JSON object with properties `x`, `y`, `width` and `height`, values should remain fractional, no rounding is required.\n\nReference: [TS Selenium](https://github.com/applitools/eyes.sdk.javascript1/blob/864f0ebfec04dd370631de1703817e098faa55b8/packages/eyes-selenium/src/spec-driver.ts#L106)\n\n#### `setWindowSize`\nThis command should set window size from a given JSON object with properties `width` and `height`. The command have to also set window position to (0,0) in order to archive the maximum possible window size to be set.\nThis command should not be implemented if [setViewportSize](###setViewportSize) is already implemented.\n\n> **`WD!`** Legacy implementations of selenium don't allow to set size and position with a single method, in this case, they should be set separately.\n\n> **`CDP!`** Protocol doesn't support window manipulations, but instead alow viewport manipulations, have a look at [setViewportSize](###setViewportSize).\n\nReference: [TS Selenium](https://github.com/applitools/eyes.sdk.javascript1/blob/77fa7c7083d0c673acee3b203b1d0b1a7e972575/packages/eyes-selenium/src/spec-driver.ts#L123), [Ruby Selenium](https://github.com/applitools/eyes.sdk.javascript1/blob/24c660e3cc7504d0547901f67a467324c45b2f25/rb/eyes-selenium/lib/applitools/selenium/spec-driver.rb#L45)\n\n#### `getWindowSize`\nThis command should return the size of the window in the format of the JSON object with properties `width`, and `height`.\nThe command **have** to be implemented if [setWindowSize](###setWindowSize) was implemented, and could be skipped if [setViewportSize](###setViewportSize) was implemented.\n\n> **`WD!`** Modern implementations of selenium don't have an api to get window size, but api to get window rect could be used instead.\n\n> **`APPIUM!`** Legacy versions of appium servers could not treat well command to get window rect, in this case command to get window size should be sent.\n\n> **`CDP!`** Protocol doesn't support window manipulations, but instead alow viewport manipulations, have a look at [getViewportSize](###getViewportSize).\n\n\nReference: [TS Selenium](https://github.com/applitools/eyes.sdk.javascript1/blob/864f0ebfec04dd370631de1703817e098faa55b8/packages/eyes-selenium/src/spec-driver.ts#L112), [Ruby Selenium](https://github.com/applitools/eyes.sdk.javascript1/blob/24c660e3cc7504d0547901f67a467324c45b2f25/rb/eyes-selenium/lib/applitools/selenium/spec-driver.rb#L41)\n\n#### `setViewportSize`\nThis command should set viewport size from given JSON object with properties `width` and `height`.\n\n> **`WD!`** Protocol doesn't allow to manipulate viewport directly. Implement [setWindowSize](###setWindowSize) and [getWindowSize](###getWindowSize) instead.\n\nReference: [TS Playwright](https://github.com/applitools/eyes.sdk.javascript1/blob/864f0ebfec04dd370631de1703817e098faa55b8/packages/eyes-playwright/src/spec-driver.ts#L98)\n\n#### `getViewportSize`\nThis command should return the size of the viewport in the format of the JSON object with the properties `width` and `height`. This command does not necessarily have to be implemented, since viewport size could be extracted from the browser, but if it is possibly better to have it implemented since the framework could already have this information.\n\n> **`WD!`** Protocol doesn't allow to manipulate viewport directly. Implement [setWindowSize](###setWindowSize) and [getWindowSize](###getWindowSize) instead.\n\nReference: [TS Playwright](https://github.com/applitools/eyes.sdk.javascript1/blob/864f0ebfec04dd370631de1703817e098faa55b8/packages/eyes-playwright/src/spec-driver.ts#L95)\n\n## Refer\nThe most important objects that sdk has to operate with are non-serializable (e.g. driver object, eyes instantiation) and could not be sent through the WebSocket protocol. It requires to implementation of a generic way for non-serializable object representation. Down below will be described a way that have to be used to create references on both client and server sides.\n\nReference implementation: [JS implementation](https://github.com/applitools/eyes.sdk.javascript1/blob/1a54c6b3f28b25b41a708f5b600ceabbf8fc9db6/packages/eyes-universal/src/refer.js), [Ruby implementation](https://github.com/applitools/eyes.sdk.javascript1/blob/poc/universal-ruby-sdk/rb/eyes-selenium/lib/applitools/refer.rb)\n\n### Refer storage\nRefer should have a key-value storage with each object reference was crated for. Keys in the storage are guids were used in the reference object. Objects should be removed from the storage, once they will not be in use anymore. The storage should support relations between different references, means that presence of some references should depend on presence of others (e.g. it doesn't make sense to keep elements in storage when driver was already destroyed.\n\n### Reference format\nEach ref is a JSON object with only one property `applitools-ref-id` with a guid string value.\n\n```ts\n{\n  'applitools-ref-id': string\n}\n```\n\nHow ever ref interface could be extended in some cases to provide more data about the object it referring to, for example it makes sense to add information about the selector to the element references, it will allow to avoid back and forth communication with the server in some rare cases.\n\n### Reference usage\nOn the client-side received from the server references (from commands [Core.makeManager](#Core.makeManager) and [EyesManager.openEyes](#EyesManager.openEyes)) could be used only to perform other server-side actions related to the object these references referring to. However, references which client sends to the server inevitably will be received back in one of the [Server-initiated commands](#Server-initiated-commands), in this case client should dereference received reference an perform required operation with actual object.\n\n## API\nThe API layer is the biggest part of the client implementation which should abstract the way end-user will use an sdk from the internal implementation. The main functional purpose of this layer should be to collect all of the configuration and inputs from a user and send them when actual action should be done. The biggest benefit of this architecture is that API (the biggest and the most chaotic part of the sdk) shouldn't be re-implemented again and again for each new framework.\n\nReference implementation: [TS Eyes API](https://github.com/applitools/eyes.sdk.javascript1/tree/eyes-api/packages/eyes-api)\n","engines":{"node":">=14.15.0"},"scripts":{"deps":"bongo deps","lint":"eslint '**/*.ts'","test":"yarn test:it && yarn test:e2e","build":"yarn build:dist && yarn build:bin","test:it":"echo 'mocha ./test/it/*.spec.js --no-timeouts'","version":"yarn build && bongo version","test:e2e":"mocha ./test/e2e/*.spec.ts --exit --no-timeouts -r ts-node/register","build:bin":"pkg ./dist/cli.js --out-path ./bin --compress GZip --targets node14-linux-x64,node14-macos-x64,node14-win-x64 && mv ./bin/cli-macos ./bin/eyes-universal-macos && mv ./bin/cli-linux ./bin/eyes-universal-linux && mv ./bin/cli-win.exe ./bin/eyes-universal-win.exe","build:tgz":"tar -czf ./bin/eyes-universal.tar.gz -C ./bin ./eyes-universal-linux ./eyes-universal-macos ./eyes-universal-win.exe","build:zip":"zip -j ./bin/eyes-universal.zip ./bin/eyes-universal-linux ./bin/eyes-universal-macos ./bin/eyes-universal-win.exe","test:unit":"mocha ./test/unit/*.spec.ts --exit --no-timeouts -r ts-node/register","build:dist":"tsc","gh:publish":"gh workflow run publish-universal.yml --ref $(git rev-parse --abbrev-ref HEAD)","preversion":"bongo preversion && yarn build && yarn build:zip && yarn build:tgz","postversion":"bongo postversion"},"_npmUser":{"name":"amitzur-applitools","email":"amit.zur@applitools.com"},"repository":{"url":"git@github.com:applitools/eyes.sdk.javascript1.git","type":"git","directory":"packages/eyes-universal"},"description":"Applitools Eyes Universal SDK","directories":{},"licenseText":"-  -\nSDK LICENSE AGREEMENT\nIMPORTANT - PLEASE READ CAREFULLY THE TERMS OF THIS LICENSE AGREEMENT (“AGREEMENT”). BY INSTALLING, ACCESSING AND/OR USING THE SOFTWARE (AS DEFINED BELOW), YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOU, OR THE COMPANY YOU REPRESENT, (“YOU” OR “LICENSEE”) ARE ENTERING INTO A LEGAL AGREEMENT WITH APPLITOOLS LTD. AND ITS AFFILIATES (“APPLITOOLS”), AND HAVE UNDERSTOOD AND AGREE TO COMPLY WITH, AND BE LEGALLY BOUND BY, THE TERMS AND CONDITIONS OF THIS AGREEMENT. YOU HEREBY WAIVE ANY RIGHTS OR REQUIREMENTS UNDER ANY LAWS OR REGULATIONS IN ANY JURISDICTION WHICH REQUIRE AN ORIGINAL (NON-ELECTRONIC) SIGNATURE OR DELIVERY OR RETENTION OF NON-ELECTRONIC RECORDS, TO THE EXTENT PERMITTED UNDER APPLICABLE LAW. \nTHE SOFTWARE MAY BE USED SOLELY FOR YOUR PERSONAL, NON-COMMERCIAL PURPOSES. FOR COMMERCIAL PURPOSES PLEASE CONTACT THE REGIONAL APPLITOOLS BUSINESS REPRESENTATIVE. \n1. Definitions. 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Without limiting the generality of the foregoing, Licensee agrees and undertakes not to: (i) allow any third party to use the Software in any manner, including but not limited to, sell, lease, sublicense or distribute the Software, or any part thereof; (ii) modify, revise, or alter the Software or reverse engineer, decompile, disassemble or otherwise reduce to human-perceivable form the Software’s source code; (iii) copy or allow copies of the Software to be made; (iv) remove, alter or obscure any proprietary notice or identification, including copyright, trademark, patent or other notices, contained in or displayed on or via the Software; (v) use the Software to violate any applicable laws, rules or regulations, or for any unlawful, harmful, irresponsible, or inappropriate purpose, or in any manner that breaches this Agreement, and/or (vi) represent that it possesses any proprietary interest in the Software.\n   1. Third Party Software. Licensee acknowledges and agrees that any third party software (“Third Party Software”) that provided with the Software is provided under the terms of the license attached/linked thereto or, if no such license is attached, such Third Party Software is provided for free and on “AS IS” basis. Applitools is not liable for any losses or damages which may occur resulting from the use of any Third Party Software. Applitools does not possess any proprietary interest in such Third Party Software. \n   1. Open Source Licenses. The Software includes certain open source code software and materials (as shall be listed in the documentation of the Software) (“Open Source Software”) that are subject to their respective open source licenses (“Open Source Licenses”). Such Open Source Licenses contain a list of conditions with respect to warranty, copyright policy and other provisions. By executing this Agreement, Licensee undertakes to strictly comply with the terms and condition of the Open Source Licenses, as may be amended from time to time. In order to comply with the Open Source Licenses, Licensee shall read the respective licenses or notices, such list of Open Source Licenses may be amended from time to time by Applitools, at its sole discretion. In the event of any inconsistencies or conflicting provisions between the provisions of the Open Source Licenses and the provisions of this Agreement, the provisions of the Open Source Licenses shall prevail. Without derogating from the generality of the foregoing, it is clarified that any Open Source Software is provided on an “AS IS” basis, without indemnity or warranty of any kind, whether express or implied. For clarity, the representations and warranties set forth in Section ‎4 hereunder shall not apply to any Open Source Software.\n1. Title & Ownership. APPLITOOLS DOES NOT SELL OR TRANSFER TITLE IN THE SOFTWARE, OR ANY PART THEREOF, TO LICENSEE. The Documentation, Software (excluding any Open Source Software and Third Party Software therein which are owned by their respective licensors) and/or any copies thereof, including without limitation any derivative works made (regardless of whether such derivative works were made and/or developed pursuant to the request and/or specifications of Licensee, and irrespective of any support and/or assistance Applitools may, will or had received from Licensee, or any third party on its behalf, with respect thereto), as well as any updates or upgrades thereto, if provided to Applitools pursuant to this Agreement, shall remain Applitools’ sole and exclusive property. All Intellectual Property Rights evidenced by or embodied in and/or attached/connected/related to the Software, or part thereof, are and shall be owned solely and exclusively by Applitools. Nothing in this Agreement shall constitute a waiver of Applitools’ Intellectual Property Rights under any law, or be in any way construed or interpreted as such. It is further agreed that to the extent Licensee provides Applitools with Feedback, Licensee acknowledges that any and all rights, including Intellectual Property Rights in such Feedback shall belong exclusively to Applitools and Licensee hereby irrevocably and unconditionally transfers and assigns to Applitools all intellectual property rights in such Feedback and waives any and all moral rights that Licensee may have in respect thereto. It is further understood that use of Feedback, if any, may be made by Applitools at its sole discretion, and that Applitools in no way shall be obliged to make use of any kind of the Feedback or part thereof. \n1. Warranty. Applitools warrants that to its knowledge it has the right to grant the license under this Agreement. Applitools’ sole liability for any breach of this warranty or any other warranty under this Agreement shall be, at Applitools’ sole discretion: (i) to replace or repair the Software or the applicable portion thereof; or (ii) to terminate this Agreement.\n2. Warranty Exclusions. The warranties set forth in Section ‎4 are contingent upon Licensee’s proper use of the Software, and shall not apply to damage caused by abuse, misuse, alteration, neglect or unauthorized repair or installation, or by the use or attempted use of Software other than that supplied and supported by Applitools. Applitools will use reasonable commercial efforts to repair or replace the Software or the applicable portion thereof, pursuant to the foregoing warranty within thirty (30) days of being so notified.\n1. Warranty Disclaimers. AS BETWEEN LICENSEE AND APPLITOOLS, EXCEPT AS SET IN SECTION ‎4, THE SOFTWARE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND INCLUDING, WITHOUT LIMITATION, REPRESENTATIONS, WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR INTENDED OR PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, THAT THE SOFTWARE WILL MEET LICENSEE’S REQUIREMENTS OR EXPECTATIONS OR WILL ACHIEVE ANY SPECIFIC RESULTS AND THOSE ARISING BY STATUTE OR FROM A COURSE OF DEALING OR USAGE OF TRADE. Applicable law may not allow the exclusion of certain warranties, so to that extent such exclusions may not apply.\n1. High Risk Activities. 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You hereby agree to defend, indemnify and hold harmless Applitools and its affiliates and their respective officers, directors, agents and employees from any and all claims, damages, liabilities, costs, and expenses (including attorney’s fees) arising from claims related to Your use of the Software as well as from Your failure to comply with this Agreement.\n1. Limitation of Liability. UNDER NO CIRCUMSTANCES SHALL APPLITOOLS AND/OR ITS AFFILIATES BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, OR FOR ANY LOSS OF DATA, REVENUE, BUSINESS OR REPUTATION, THAT ARISES UNDER OR IN CONNECTION WITH THIS AGREEMENT, OR THAT RESULTS FROM THE USE OF, OR THE INABILITY TO USE, THE SOFTWARE. APPLITOOLS’S TOTAL AGGREGATE LIABILITY FOR ANY AND ALL DIRECT DAMAGES AND LOSSES THAT ARISE UNDER OR IN CONNECTION WITH THIS AGREEMENT SHALL NOT IN ANY CIRCUMSTANCE EXCEED THE AMOUNT OF 100.00 (ONE HUNDRED) UNITED STATES DOLLARS. 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This Agreement shall continue until terminated as set forth in this section (the “Term”). You may terminate this Agreement at any time by removing the Software from Your system and destroying all copies of the Software and Documentation relating to the Software. Unauthorized copying of the Software or otherwise failing to comply with this Agreement will result in automatic immediate termination of this Agreement and will make available to Applitools legal remedies. Applitools reserves the right to terminate this Agreement and the License at any time and without notice. Upon termination of this Agreement, the License will terminate and You: (i) will cease any and all rights to use the Software, and (ii) will remove the Software from all hard drives, networks and other storage media and destroy all copies of the Software in your possession or under your control. The provisions of Sections ‎2.3, ‎2.4, ‎2.5, ‎6, ‎7, ‎8, ‎9, 10, ‎11 and ‎12 shall survive the termination, expiration or other ending of this Agreement.\n1. Miscellaneous. This Agreement represents the complete agreement concerning the Software between You and Applitools and supersedes all prior agreements and representations between You and Applitools. If any provision of this Agreement is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable. Any waiver of any provision of this Agreement will be effective only if in writing and signed by Applitools. This Agreement is personal to You and may not be assigned or transferred for any reason whatsoever without the consent of Applitools and any action or conduct in violation of the foregoing shall be void and without effect. Applitools expressly reserves the right to assign this Agreement and to delegate any of its obligations hereunder. 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In any action or proceeding to enforce rights under this Agreement, the prevailing party shall be entitled to recover costs and attorneys’ fees.","dependencies":{"ws":"7.4.6","yargs":"16.1.0","webdriver":"7.16.11","@applitools/utils":"1.2.13","@applitools/logger":"1.0.11","@applitools/eyes-sdk-core":"13.0.7-beta.0","@applitools/visual-grid-client":"15.9.1-beta.0"},"_hasShrinkwrap":false,"readmeFilename":"README.md","devDependencies":{"pkg":"^5.3.2","mocha":"^9.0.0","eslint":"^7.9.0","ts-node":"^10.0.0","prettier":"^2.1.2","@types/ws":"^7.4.4","typescript":"^4.5.2","@types/mocha":"^9.0.0","@types/yargs":"^17.0.0","@applitools/types":"1.0.25","eslint-plugin-node":"^11.1.0","@applitools/test-utils":"^1.0.12","eslint-config-prettier":"^7.2.0","eslint-plugin-prettier":"^3.3.1","@typescript-eslint/parser":"^4.15.1","@applitools/sdk-release-kit":"^0.13.11","eslint-plugin-mocha-no-only":"^1.1.1","@applitools/sdk-coverage-tests":"^2.3.18","@typescript-eslint/eslint-plugin":"^4.15.1"},"_npmOperationalInternal":{"tmp":"tmp/eyes-universal_1.1.1-beta.1_1646348901583_0.18109007603680927","host":"s3://npm-registry-packages"}},"1.1.1-beta.2":{"name":"@applitools/eyes-universal","version":"1.1.1-beta.2","keywords":["applitools","eyes","test 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BY INSTALLING, ACCESSING AND/OR USING THE SOFTWARE (AS DEFINED BELOW), YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOU, OR THE COMPANY YOU REPRESENT, (“YOU” OR “LICENSEE”) ARE ENTERING INTO A LEGAL AGREEMENT WITH APPLITOOLS LTD. AND ITS AFFILIATES (“APPLITOOLS”), AND HAVE UNDERSTOOD AND AGREE TO COMPLY WITH, AND BE LEGALLY BOUND BY, THE TERMS AND CONDITIONS OF THIS AGREEMENT. YOU HEREBY WAIVE ANY RIGHTS OR REQUIREMENTS UNDER ANY LAWS OR REGULATIONS IN ANY JURISDICTION WHICH REQUIRE AN ORIGINAL (NON-ELECTRONIC) SIGNATURE OR DELIVERY OR RETENTION OF NON-ELECTRONIC RECORDS, TO THE EXTENT PERMITTED UNDER APPLICABLE LAW. \nTHE SOFTWARE MAY BE USED SOLELY FOR YOUR PERSONAL, NON-COMMERCIAL PURPOSES. FOR COMMERCIAL PURPOSES PLEASE CONTACT THE REGIONAL APPLITOOLS BUSINESS REPRESENTATIVE. \n1. Definitions. For purposes of this Agreement, the following capitalized terms shall have the following meaning:\n   1. “Documentation” means the user’s guides and technical manuals delivered by Applitools to Licensee.\n   2.  “Feedback” means suggestions, comments or feedback (whether orally or in writing) with respect to the Software.\n   3. “Intellectual Property Rights” means all intangible legal rights, titles and interests evidenced by or embodied in all: (i) inventions (regardless of patentability and whether or not reduced to practice), improvements thereto, patents, patent applications, patent disclosures, together with all reissuances, continuations, continuations in part, revisions, extensions and reexaminations thereof; (ii) trademarks, service marks, trade dress, logos, trade names, corporate names, together with translations, adaptations, derivations and combinations thereof, including goodwill associated therewith, and applications, registrations, and renewals in connection therewith; (iii) any work of authorship, regardless of copyrightable, copyrightable works, copyrights (including moral rights), and applications, registrations and renewals in connection therewith; (iv) mask works and applications, registrations and renewals in connection therewith; (v) trade secrets and Confidential Information; and (vi) other proprietary rights and any other similar rights, in each case on a worldwide basis, and copies and tangible embodiments thereof, in whatever form or medium.\n   4. “License” means the right to use the Software pursuant to Section ‎2.1 to this Agreement.\n   5.  “Software” means Applitools’ software development kit software in object or source code version, Documentation and any updates and upgrade thereto (to the extent delivered).\n1. License\n   1. Grant of License. Subject to the terms and conditions of this Agreement, Applitools grants You, during the Term, a personal, non-exclusive, non-sublicensable, non-transferable, revocable license to: (i) use the Software solely for Your own personal (non-commercial) use and (ii) use and display Applitools’ Marks solely for the purpose of publicizing or advertising that You are using the Software. \n   2. Documentation. Applitools may make available Documentation to Licensee for Licensee to use solely in connection with Licensee’s use of the Software during the term of this Agreement. Licensee may print or copy the Documentation as needed for its own purposes provided that all copyright notices are included therein. The Documentation shall be considered the Confidential Information of Applitools. \n   1. Reservation of Rights; Use Restrictions. Other than the rights explicitly granted in this Agreement, Licensee shall have no other rights, express or implied, in the Software. Without limiting the generality of the foregoing, Licensee agrees and undertakes not to: (i) allow any third party to use the Software in any manner, including but not limited to, sell, lease, sublicense or distribute the Software, or any part thereof; (ii) modify, revise, or alter the Software or reverse engineer, decompile, disassemble or otherwise reduce to human-perceivable form the Software’s source code; (iii) copy or allow copies of the Software to be made; (iv) remove, alter or obscure any proprietary notice or identification, including copyright, trademark, patent or other notices, contained in or displayed on or via the Software; (v) use the Software to violate any applicable laws, rules or regulations, or for any unlawful, harmful, irresponsible, or inappropriate purpose, or in any manner that breaches this Agreement, and/or (vi) represent that it possesses any proprietary interest in the Software.\n   1. Third Party Software. Licensee acknowledges and agrees that any third party software (“Third Party Software”) that provided with the Software is provided under the terms of the license attached/linked thereto or, if no such license is attached, such Third Party Software is provided for free and on “AS IS” basis. Applitools is not liable for any losses or damages which may occur resulting from the use of any Third Party Software. Applitools does not possess any proprietary interest in such Third Party Software. \n   1. Open Source Licenses. The Software includes certain open source code software and materials (as shall be listed in the documentation of the Software) (“Open Source Software”) that are subject to their respective open source licenses (“Open Source Licenses”). Such Open Source Licenses contain a list of conditions with respect to warranty, copyright policy and other provisions. By executing this Agreement, Licensee undertakes to strictly comply with the terms and condition of the Open Source Licenses, as may be amended from time to time. In order to comply with the Open Source Licenses, Licensee shall read the respective licenses or notices, such list of Open Source Licenses may be amended from time to time by Applitools, at its sole discretion. In the event of any inconsistencies or conflicting provisions between the provisions of the Open Source Licenses and the provisions of this Agreement, the provisions of the Open Source Licenses shall prevail. Without derogating from the generality of the foregoing, it is clarified that any Open Source Software is provided on an “AS IS” basis, without indemnity or warranty of any kind, whether express or implied. For clarity, the representations and warranties set forth in Section ‎4 hereunder shall not apply to any Open Source Software.\n1. Title & Ownership. APPLITOOLS DOES NOT SELL OR TRANSFER TITLE IN THE SOFTWARE, OR ANY PART THEREOF, TO LICENSEE. The Documentation, Software (excluding any Open Source Software and Third Party Software therein which are owned by their respective licensors) and/or any copies thereof, including without limitation any derivative works made (regardless of whether such derivative works were made and/or developed pursuant to the request and/or specifications of Licensee, and irrespective of any support and/or assistance Applitools may, will or had received from Licensee, or any third party on its behalf, with respect thereto), as well as any updates or upgrades thereto, if provided to Applitools pursuant to this Agreement, shall remain Applitools’ sole and exclusive property. All Intellectual Property Rights evidenced by or embodied in and/or attached/connected/related to the Software, or part thereof, are and shall be owned solely and exclusively by Applitools. Nothing in this Agreement shall constitute a waiver of Applitools’ Intellectual Property Rights under any law, or be in any way construed or interpreted as such. It is further agreed that to the extent Licensee provides Applitools with Feedback, Licensee acknowledges that any and all rights, including Intellectual Property Rights in such Feedback shall belong exclusively to Applitools and Licensee hereby irrevocably and unconditionally transfers and assigns to Applitools all intellectual property rights in such Feedback and waives any and all moral rights that Licensee may have in respect thereto. It is further understood that use of Feedback, if any, may be made by Applitools at its sole discretion, and that Applitools in no way shall be obliged to make use of any kind of the Feedback or part thereof. \n1. Warranty. Applitools warrants that to its knowledge it has the right to grant the license under this Agreement. Applitools’ sole liability for any breach of this warranty or any other warranty under this Agreement shall be, at Applitools’ sole discretion: (i) to replace or repair the Software or the applicable portion thereof; or (ii) to terminate this Agreement.\n2. Warranty Exclusions. The warranties set forth in Section ‎4 are contingent upon Licensee’s proper use of the Software, and shall not apply to damage caused by abuse, misuse, alteration, neglect or unauthorized repair or installation, or by the use or attempted use of Software other than that supplied and supported by Applitools. Applitools will use reasonable commercial efforts to repair or replace the Software or the applicable portion thereof, pursuant to the foregoing warranty within thirty (30) days of being so notified.\n1. Warranty Disclaimers. AS BETWEEN LICENSEE AND APPLITOOLS, EXCEPT AS SET IN SECTION ‎4, THE SOFTWARE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND INCLUDING, WITHOUT LIMITATION, REPRESENTATIONS, WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR INTENDED OR PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, THAT THE SOFTWARE WILL MEET LICENSEE’S REQUIREMENTS OR EXPECTATIONS OR WILL ACHIEVE ANY SPECIFIC RESULTS AND THOSE ARISING BY STATUTE OR FROM A COURSE OF DEALING OR USAGE OF TRADE. Applicable law may not allow the exclusion of certain warranties, so to that extent such exclusions may not apply.\n1. High Risk Activities. You acknowledge that the Software is not fault tolerant and is not designed, manufactured, or intended for use or resale as on-line control equipment in hazardous or high risk environments and activities requiring fail-safe performance (such as in the operation of nuclear facilities, aircraft navigation or communication systems, air traffic control, direct life support machines and/or devices, or weapons systems) in which the failure of the Software could lead directly to death, personal injury, or severe physical or environmental damage, and You agree not to use or allow the use of the Software or any portion thereof for, or in connection with, any such environment or activity.\n1. Indemnify. You agree that Applitools shall have no liability whatsoever for any use made of the Software by You or any third party. You hereby agree to defend, indemnify and hold harmless Applitools and its affiliates and their respective officers, directors, agents and employees from any and all claims, damages, liabilities, costs, and expenses (including attorney’s fees) arising from claims related to Your use of the Software as well as from Your failure to comply with this Agreement.\n1. Limitation of Liability. UNDER NO CIRCUMSTANCES SHALL APPLITOOLS AND/OR ITS AFFILIATES BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, OR FOR ANY LOSS OF DATA, REVENUE, BUSINESS OR REPUTATION, THAT ARISES UNDER OR IN CONNECTION WITH THIS AGREEMENT, OR THAT RESULTS FROM THE USE OF, OR THE INABILITY TO USE, THE SOFTWARE. APPLITOOLS’S TOTAL AGGREGATE LIABILITY FOR ANY AND ALL DIRECT DAMAGES AND LOSSES THAT ARISE UNDER OR IN CONNECTION WITH THIS AGREEMENT SHALL NOT IN ANY CIRCUMSTANCE EXCEED THE AMOUNT OF 100.00 (ONE HUNDRED) UNITED STATES DOLLARS. THE FOREGOING LIMITATIONS AND EXCLUSIONS IN THIS SECTION ‎7 SHALL APPLY: (I) EVEN IF APPLITOOLS HAS BEEN ADVISED OF THE POSSIBILITY OF ANY DAMAGES OR LOSSES; (II) EVEN IF ANY REMEDY SET FORTH HEREIN FAILS OF ITS ESSENTIAL PURPOSE; AND (III) REGARDLESS OF THE BASIS OR THEORY OF LIABILITY.\n1. Export Laws. Licensee agrees to comply fully with all U.S., EU, Israeli, and all applicable export laws and regulations to ensure that neither the Software nor any technical data related thereto are exported or re-exported directly or indirectly in violation of, or used for any purposes prohibited by, such laws and regulations. For clarity, and without derogating from Section ‎11 below, in case of any change of any applicable law, policy or regulation, which might affect Applitools’ business, Applitools will have the right to terminate this Agreement and the license granted hereunder and the Licensee shall have no claims regarding such termination. \n1. Term and Termination. This Agreement shall continue until terminated as set forth in this section (the “Term”). You may terminate this Agreement at any time by removing the Software from Your system and destroying all copies of the Software and Documentation relating to the Software. Unauthorized copying of the Software or otherwise failing to comply with this Agreement will result in automatic immediate termination of this Agreement and will make available to Applitools legal remedies. Applitools reserves the right to terminate this Agreement and the License at any time and without notice. Upon termination of this Agreement, the License will terminate and You: (i) will cease any and all rights to use the Software, and (ii) will remove the Software from all hard drives, networks and other storage media and destroy all copies of the Software in your possession or under your control. The provisions of Sections ‎2.3, ‎2.4, ‎2.5, ‎6, ‎7, ‎8, ‎9, 10, ‎11 and ‎12 shall survive the termination, expiration or other ending of this Agreement.\n1. Miscellaneous. This Agreement represents the complete agreement concerning the Software between You and Applitools and supersedes all prior agreements and representations between You and Applitools. If any provision of this Agreement is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable. Any waiver of any provision of this Agreement will be effective only if in writing and signed by Applitools. This Agreement is personal to You and may not be assigned or transferred for any reason whatsoever without the consent of Applitools and any action or conduct in violation of the foregoing shall be void and without effect. Applitools expressly reserves the right to assign this Agreement and to delegate any of its obligations hereunder. This Agreement are governed by and construed under the laws of the State of Israel, excluding its conflicts of law rules. You expressly agree that the exclusive jurisdiction for any claim or action arising out of or relating to this Agreement shall be the courts located in Tel Aviv, Israel, and You further agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action. In any action or proceeding to enforce rights under this Agreement, the prevailing party shall be entitled to recover costs and attorneys’ 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Universal\n<center>\n\n  ![Applitools Eyes](https://i.ibb.co/3hWJK68/applitools-eyes-logo.png)\n\n  [![npm](https://img.shields.io/npm/v/@applitools/eyes-universal?color=%2302afc2&label=npm&logo=npm)](https://www.npmjs.com/package/@applitools/eyes-universal)\n  [![GitHub release (latest by date)](https://img.shields.io/badge/binaries-download-%2302afc2?logo=github)](https://github.com/applitools/eyes.sdk.javascript1/releases)\n\n</center>\n\n- [Eyes Universal](#eyes-universal)\n  - [Introduction](#introduction)\n  - [WebSocket](#websocket)\n    - [Universal SDK messaging protocol](#universal-sdk-messaging-protocol)\n      - [Request format](#request-format)\n      - [Response format](#response-format)\n      - [Event format](#event-format)\n    - [Client-initiated events](#client-initiated-events)\n      - [Session.init](#sessioninit)\n    - [Client-initiated commands](#client-initiated-commands)\n      - [Core.makeManager](#coremakemanager)\n      - [EyesManager.openEyes](#eyesmanageropeneyes)\n      - [EyesManager.closeManager](#eyesmanagerclosemanager)\n      - [Eyes.check](#eyescheck)\n      - [Eyes.locate](#eyeslocate)\n      - [Eyes.extractTextRegions](#eyesextracttextregions)\n      - [Eyes.extractText](#eyesextracttext)\n      - [Eyes.close](#eyesclose)\n      - [Eyes.abort](#eyesabort)\n      - [Core.getViewportSize](#coregetviewportsize)\n      - [Core.setViewportSize](#coresetviewportsize)\n      - [Core.closeBatches](#coreclosebatches)\n      - [Core.deleteTest](#coredeletetest)\n    - [Server-initiated commands](#server-initiated-commands)\n  - [SpecDriver](#specdriver)\n    - [Utility commands](#utility-commands)\n      - [`isDriver`](#isdriver)\n      - [`isElement`](#iselement)\n      - [`isSelector`](#isselector)\n      - [`transformDriver`](#transformdriver)\n      - [`transformElement`](#transformelement)\n      - [`extractSelector`](#extractselector)\n      - [`isStaleElementError`](#isstaleelementerror)\n      - [`isEqualElements`](#isequalelements)\n    - [Core commands](#core-commands)\n      - [`mainContext`](#maincontext)\n      - [`parentContext`](#parentcontext)\n      - [`childContext`](#childcontext)\n      - [`executeScript`](#executescript)\n      - [`findElement`](#findelement)\n      - [`findElements`](#findelements)\n      - [`getDriverInfo`](#getdriverinfo)\n      - [`getOrientation`](#getorientation)\n      - [`getTitle`](#gettitle)\n      - [`getUrl`](#geturl)\n      - [`takeScreenshot`](#takescreenshot)\n      - [`getElementRect`](#getelementrect)\n      - [`setWindowSize`](#setwindowsize)\n      - [`getWindowSize`](#getwindowsize)\n      - [`setViewportSize`](#setviewportsize)\n      - [`getViewportSize`](#getviewportsize)\n  - [Refer](#refer)\n    - [Refer storage](#refer-storage)\n    - [Reference format](#reference-format)\n    - [Reference usage](#reference-usage)\n  - [API](#api)\n\n\n## Introduction\nThe main purpose of client implementation (*Client*) is to provide a language binding for the functionality core implemented in JavaScript (*Server*). *Server* controls everything, and *Client* doesn't need to know anything about how work is done.\n\nFor the *Client* to be able to communicate with the *Server* it has to implement [WebSocket Client](#WebSocket) communication layer. Through the WebSocket channel *Client* could send commands to the *Server* in order to perform any operations, at the same time *Server* will send commands to the *Client* in order to automate an environment. *Client* has to implement a set of commands ([SpecDriver](#SpecDriver)) and perform those commands when *Server* will ask for it. Since the execution of any command requires knowing about the context this command should be executed in, *Client* should pass some context references to the *Server*. To solve this problem *Client* have to implement a [Refer](#Refer) mechanism. Refer should help *Client* to send non-serializable data to the server, and when this data will be received back from the server easily deref it to the original non-serializable object.\n\nIn case of using WebDrive based framework on the *Client*, implementation of a ([SpecDriver](#SpecDriver)) could be avoided as well as a [Refer](#Refer)  implementation. This simplification could be achieved by providing information about WebDriver automation session instead of the driver, also it requires to provide element ids instead of the elements. Since all of the non-serializable objects are replaced with a serializable data object the need in [Refer](#Refer) is eliminated.\n\nThe biggest part of the client implementation is the actual user-facing [API layer](#API), it should not contain any specific logic, but only perform some input data validation, collecting, and processing before these data will be sent to the server. API layer should not have any binding to the automation framework it should be used with, it will help to re-use API layer for different frameworks.\n\n## WebSocket\nThe client-server architecture of the universal sdk requires an implementation of the communication layer between the *Client* and the *Server*. Because of a major need for bidirectional communication, WebSocket protocol was chosen. WebSocket protocol operates only with messages, and each of those is an independent chunk of data. The protocol doesn't support getting a response on a message. This is why the format of communication is determined by a proprietary request-response messaging interface (*Universal SDK messaging protocol*), which requires a specific format of client-server messages.\n\nAll of the commands should be treated as requests, which means that response is always has to be sent after a request is received. But simple events are also allowed by the *Universal SDK messaging protocol*, which means that *Client*, as well as *Server*, could send a message which doesn't require any response.\n\nReference implementation: [JS implementation](https://github.com/applitools/eyes.sdk.javascript1/blob/1a54c6b3f28b25b41a708f5b600ceabbf8fc9db6/packages/eyes-universal/src/socket.js), [Ruby implementation](https://github.com/applitools/eyes.sdk.javascript1/blob/poc/universal-ruby-sdk/rb/eyes-selenium/lib/applitools/socket.rb)\n\n### Universal SDK messaging protocol\nThe protocol describes the format of messages of different types such as [Request](#Request-format), [Response](#Response-format), and [Event](#Event-format). Each of the messages should be formatted as a JSON string.\n\n> **`IDEA`** maybe it makes sense to also support something like UBJSON, it might be helpful in order to send screenshots from *Client* without conversion to the base64 string, which is an obvious overhead.\n\nBoth client an server operate with their own sets of non-serializable object, which have to be somehow sent through the WebSocket. On client non-serializable objects are drivers, elements, and maybe selectors, at the same time server operates with runner and eyes abstractions. The protocol describes a generic way to represent non-serializable objects (for client, as well as for server) through the separate module [Refer](#Refer) with a strict patter and format of references.\n\n#### Request format\n```ts\n{\n  name: string, // could be any string, but recommended format is \"<Domain>.<requestName>\" (e.g. \"Driver.executeScript\")\n  key: string, // could be any random string, this value will be used to associate response with actual request.\n  payload?: any // any input data\n}\n```\n\n#### Response format\n```ts\n{\n  name: string, // name of the request this response sent for\n  key: string, // key value received in request\n  payload: {\n    result?: any, // result of the request if it was finished successfully\n    error?: { // error object if exception was thrown during action processing\n      message: string // error massage\n      stack: string // error stack trace\n    }\n  }\n}\n```\n\n#### Event format\n```ts\n{\n  name: string, // could be any string, but recommended format is \"<Domain>.<eventName>\"\n  payload?: any // any event data\n}\n```\n\n### Client-initiated events\nIn order to pass some data to the *Server* and let *Server* process it on its own *Client* could send lightweight events ([Event format](#Event-format)), which will not be responded in any way.\n\n#### Session.init\nThis event has to be sent in the first place just after a connection between *Client* and *Server* will be established. *Client* should send an important metadata about itself in a format:\n```ts\n{\n  name: string, // name of the client sdk\n  version: string, // version of the client sdk\n  commands?: string[], // array of command names that could be processed by the client sdk\n  protocol?: 'webdriver' // the name of the prebuilt server-side spec driver\n}\n```\n\n### Client-initiated commands\nIn order to perform any action, the *Client* has to send a proper request to the *Server* in a specific format ([Request format](#Request-format)) and wait for the response in a format described here ([Response format](#Response-format)).\n\n#### Core.makeManager\nThis request should be sent to create a manager object. It expects input of type [EyesManagerConfig](https://github.com/applitools/eyes.sdk.javascript1/blob/0eec1b760d07489f62d95b9441d0ee5c560c24a1/packages/types/src/config.ts#L19).\n\nIn response client should expect to get a manager reference ([ManagerRef](#Reference-format)), this reference has to be used in order to perform manager related actions ([EyesManager.openEyes](#EyesManager.openEyes), [EyesManager.closeManager](#EyesManager.closeManager))\n\n> Do not send this command in a moment when `EyesManager` is constructed but instead send it lazily when the actual eyes object has to be opened. Pay attention that in this architecture eyes could be created only from a manager instance, and creation and opening of the eyes are combined in a single operation.\n\n#### EyesManager.openEyes\nThis command has to be used in order to create an eyes object. It expects input with related [ManagerRef](#Reference-format) (from [Core.makeManager](#Core.makeManager)), [DriverRef](#Reference-format), and [EyesConfig](https://github.com/applitools/eyes.sdk.javascript1/blob/0eec1b760d07489f62d95b9441d0ee5c560c24a1/packages/types/src/config.ts#L25) in a format:\n```ts\n{\n  manager: ManagerRef, // reference received from \"Core.makeManager\" command\n  driver: DriverRef, // reference to the driver that will be used by the server in order to perform automation\n  config?: EyesConfig // configuration object that will be associated with a new eyes object, it could be overridden later\n}\n```\n\nIn response client should expect to get an eyes reference ([EyesRef](#Reference-format)), this reference has to be used in eyes related requests ([Eyes.check](#Eyes.check), [Eyes.locate](#Eyes.locate), [Eyes.extractTextRegions](#Eyes.extractTextRegions), [Eyes.extractText](#Eyes.extractText), [Eyes.close](#Eyes.close), [Eyes.abort](#Eyes.abort))\n\n#### EyesManage.closeManager\nThis command is meant to be used to close all eyes objects created with this runner, abort unclosed test, and return a summary with results, and exceptions from each of the eyes objects. It expects an input with a related [ManagerRef](#Reference-format) (from [Core.makeManager](#Core.makeManager) and a `throwErr` property:\n```ts\n{\n  manager: ManagerRef\n  throwErr: boolean\n}\n```\n\nIn response client will receive an array of [TestResult](https://github.com/applitools/eyes.sdk.javascript1/blob/0eec1b760d07489f62d95b9441d0ee5c560c24a1/packages/types/src/data.ts#L205)'s\n\n> This command will never throw error due to test result status. This functionality should be implemented on client side.\n\n#### Eyes.check\nThis command is used to perform a check/match action. It expects input with a related [EyesRef](#Reference-format), [CheckSettings](https://github.com/applitools/eyes.sdk.javascript1/blob/0eec1b760d07489f62d95b9441d0ee5c560c24a1/packages/types/src/setting.ts#L66), and [EyesConfig](https://github.com/applitools/eyes.sdk.javascript1/blob/0eec1b760d07489f62d95b9441d0ee5c560c24a1/packages/types/src/config.ts#L25) in a format:\n```ts\n{\n  eyes: EyesRef,\n  settings?: CheckSettings,\n  config?: EyesConfig\n}\n```\n\nIn a case of success, the client will receive a response with [MatchResult](https://github.com/applitools/eyes.sdk.javascript1/blob/0eec1b760d07489f62d95b9441d0ee5c560c24a1/packages/types/src/data.ts#L200) object.\n\n#### Eyes.locate\nThis command is used to perform a locate action. It expects input with a related [EyesRef](#Reference-format), [LocateSettings](https://github.com/applitools/eyes.sdk.javascript1/blob/0eec1b760d07489f62d95b9441d0ee5c560c24a1/packages/types/src/setting.ts#L92), and [EyesConfig](https://github.com/applitools/eyes.sdk.javascript1/blob/0eec1b760d07489f62d95b9441d0ee5c560c24a1/packages/types/src/config.ts#L25) in a format:\n```ts\n{\n  eyes: EyesRef,\n  settings: LocateSettings,\n  config?: EyesConfig\n}\n```\n\nIn a case of success, the client will receive a response with an object where locator names, passed in [LocateSettings](https://github.com/applitools/eyes.sdk.javascript1/blob/0eec1b760d07489f62d95b9441d0ee5c560c24a1/packages/types/src/setting.ts#L92), are correlated with [Region](https://github.com/applitools/eyes.sdk.javascript1/blob/0eec1b760d07489f62d95b9441d0ee5c560c24a1/packages/types/src/data.ts#L59)'s.\n```ts\n{\n  [key: string]: Region\n}\n```\n\n#### Eyes.extractTextRegions\nThis command has to be used to extract text regions from a page. It expects input with a related [EyesRef](#Reference-format), [OCRSearchSettings](https://github.com/applitools/eyes.sdk.javascript1/blob/0eec1b760d07489f62d95b9441d0ee5c560c24a1/packages/types/src/setting.ts#L85), and [EyesConfig](https://github.com/applitools/eyes.sdk.javascript1/blob/0eec1b760d07489f62d95b9441d0ee5c560c24a1/packages/types/src/config.ts#L25) in a format:\n```ts\n{\n  eyes: EyesRef,\n  settings: OCRSearchSettings,\n  config?: EyesConfig\n}\n```\n\nIn a case of success, the client will receive a response with an object where patterns, passed in [OCRSearchSettings](https://github.com/applitools/eyes.sdk.javascript1/blob/0eec1b760d07489f62d95b9441d0ee5c560c24a1/packages/types/src/setting.ts#L85), are correlated with arrays of [TextRegion](https://github.com/applitools/eyes.sdk.javascript1/blob/0eec1b760d07489f62d95b9441d0ee5c560c24a1/packages/types/src/data.ts#L61)'s.\n\n```ts\n{\n  [key: string]: TextRegion[]\n}\n```\n\n#### Eyes.extractText\nThis command has to be used to extract text regions from a page. It expects input with a related [EyesRef](#Reference-format), array of [OCRExtractSettings](https://github.com/applitools/eyes.sdk.javascript1/blob/0eec1b760d07489f62d95b9441d0ee5c560c24a1/packages/types/src/setting.ts#L78)'s, and [EyesConfig](https://github.com/applitools/eyes.sdk.javascript1/blob/0eec1b760d07489f62d95b9441d0ee5c560c24a1/packages/types/src/config.ts#L25) in a format:\n```ts\n{\n  eyes: EyesRef,\n  regions: OCRExtractSettings[],\n  config?: EyesConfig\n}\n```\n\nIn a case of success, the client will receive a response with arrays of strings.\n\n#### Eyes.close\nThis command has to be used in order to close eyes object and finish the test. It doesn't expect any input except a related [EyesRef](#Reference-format).\n```ts\n{\n  eyes: EyesRef\n}\n```\n\nIn a case of success, the client will receive a response with [TestResult](https://github.com/applitools/eyes.sdk.javascript1/blob/0eec1b760d07489f62d95b9441d0ee5c560c24a1/packages/types/src/data.ts#L205) object.\n\n> This command will never throw error due to test result status. This functionality should be implemented on client side.\n\n#### Eyes.abort\nThis command has to be used to abort eyes object. It doesn't expect any input except a related [EyesRef](#Reference-format).\n```ts\n{\n  eyes: EyesRef\n}\n```\n\nIn a case of success, the client will receive a response with [TestResult](https://github.com/applitools/eyes.sdk.javascript1/blob/0eec1b760d07489f62d95b9441d0ee5c560c24a1/packages/types/src/data.ts#L205) object.\n\n#### Core.getViewportSize\nThis command has to be used to get the current viewport size of the given driver. It expects input with [DriverRef](#Reference-format) in a format: \n```ts\n{\n  driver: DriverRef\n}\n```\n\nIn case of success, the client will receive a response with [Size](https://github.com/applitools/eyes.sdk.javascript1/blob/0eec1b760d07489f62d95b9441d0ee5c560c24a1/packages/types/src/data.ts#L54) object.\n\n> WD protocol doesn't have api to extract viewport size of the browser window, however Appium has this api as well as CDP. So even if it is doesn't make lots of sense to get this information through the server, better do it this way so server could know about this data.\n\n#### Core.setViewportSize\nThis command has to be used to set the current viewport size of the given driver which automates desktop browser window. If this command will be executed for driver which doesn't support viewport resizing error will be thrown. Also error will be thrown if it isn't possible to resize viewport to the required size. The command expects input with [DriverRef](#Reference-format) and [Size](https://github.com/applitools/eyes.sdk.javascript1/blob/0eec1b760d07489f62d95b9441d0ee5c560c24a1/packages/types/src/data.ts#L54) in a format:\n```ts\n{\n  driver: DriverRef,\n  size: Size\n}\n```\n\n#### Core.closeBatches\nThis command has to be used to close batches by their ids. It expects input of type [CloseBatchesSettings](https://github.com/applitools/eyes.sdk.javascript1/blob/0eec1b760d07489f62d95b9441d0ee5c560c24a1/packages/types/src/setting.ts#L97)\n\n#### Core.deleteTest\nThis command has to be used to close delete test results from the eyes dashboard.\n\n### Server-initiated commands\n*Server* has to send a request to the *Client* in order to perform automation using driver api. It will be done through the special interface (a.k.a. [SpecDriver](#SpecDriver)) which abstracts out any framework specifics. Requests which *Server* could possibly send to the client limited only with a set of the [SpecDriver](#SpecDriver) commands.\n\nSince [SpecDriver](#SpecDriver) has a various number of commands, where some of the commands contradict others, *Server* should know the exact set of commands which it could send to the *Client*, this information should be passed in [Session.init](#Session.init) event.\n\nEach [SpecDriver](#SpecDriver) command will be received as request with name `\"Driver.<commandName>\"`, for example to call [findElement](#findElement) command *Server* will send `\"Driver.findElement\"` request to the *Client*. Arguments of the [SpecDriver](#SpecDriver) command will be sent in payload, as an object where keys has the same names as arguments, for example to call [findElement](#findElement) command *Server* will send a payload with keys `driver` and `selector`. Result of the [SpecDriver](#SpecDriver) command has to be sent by the *Client* as a payload in the response message.\n\n## SpecDriver\nSpec driver is a simple set of functions where each function performs automation by calling framework (e.g. selenium) API. We need this interface between our code and an actual driver to abstract out framework api.\n\nDown below is a list with descriptions of every method that could be implemented in the spec driver, but the need for implementation depends on the framework.\n\n### Utility commands\n\n#### `isDriver`\nThis command accepts driver instance as an argument and should return `true` if this is a valid driver instance, otherwise `false`.\n\nReference: [TS Selenium](https://github.com/applitools/eyes.sdk.javascript1/blob/864f0ebfec04dd370631de1703817e098faa55b8/packages/eyes-selenium/src/spec-driver.ts#L32)\n\n#### `isElement`\nThis command accepts element as an argument and should return `true` if this is a valid element, otherwise `false`.\n\nReference: [TS Selenium](https://github.com/applitools/eyes.sdk.javascript1/blob/864f0ebfec04dd370631de1703817e098faa55b8/packages/eyes-selenium/src/spec-driver.ts#L36), [Ruby Selenium](https://github.com/applitools/eyes.sdk.javascript1/blob/24c660e3cc7504d0547901f67a467324c45b2f25/rb/eyes-selenium/lib/applitools/selenium/spec-driver.rb#L6)\n\n#### `isSelector`\nThis command accepts selector as an argument and should return `true` if this is a valid selector, otherwise `false`. Valid selectors should be one of three formats:\n\n1. The one supported by the framework (e.g. `By.css('html')` for selenium)\n2. JSON object with properties `type` with value `\"css\"` or `\"xpath\"` and `selector` with string value.\n3. Simple string, if the framework doesn't handle strings by itself, then the string should be treated as css selector.\n\nReference: [TS Selenium](https://github.com/applitools/eyes.sdk.javascript1/blob/864f0ebfec04dd370631de1703817e098faa55b8/packages/eyes-selenium/src/spec-driver.ts#L38)\n\n#### `transformDriver`\nThis command is used only once for the driver in order to do some modifications or even replacements in a given driver instance. It might be helpful when some additional configuration is required before start working with the driver. If this method implemented whenever will be returned from it will be used instead of the driver.\n\nReference: [TS Selenium](https://github.com/applitools/eyes.sdk.javascript1/blob/864f0ebfec04dd370631de1703817e098faa55b8/packages/eyes-selenium/src/spec-driver.ts#L47)\n\n#### `transformElement`\nThis command is used to transform elements before using them (e.g. as `executeScript` argument). It accepts a value that has to be treated as an element, but the framework itself can't handle this value on its own. Some frameworks might support more than one element format, and these formats might be not equal in terms of usage.\n\n> How to understand to which format you should transform? The correct way to understand which format is superior on others you should check which one works the best in those commands [executeScript](###executeScript) and [childContext](###childContext).\n\nReference: [TS WDIO](https://github.com/applitools/eyes.sdk.javascript1/blob/864f0ebfec04dd370631de1703817e098faa55b8/packages/eyes-webdriverio-5/src/spec-driver.ts#L100)\n\n#### `extractSelector`\nThis command is used to extract a selector from an element object. Not all frameworks keep information about the selector which was used to find an element, but if does it will help to handle some edge cases with stale element errors.\n\nReference: [TS WDIO](https://github.com/applitools/eyes.sdk.javascript1/blob/864f0ebfec04dd370631de1703817e098faa55b8/packages/eyes-webdriverio-5/src/spec-driver.ts#L104)\n\n#### `isStaleElementError`\nThis command is used to understand if an error is a stale element error, it accepts an error object and should return `true` if the error is thrown because of element reference was stale.\n\nReference: [TS Selenium](https://github.com/applitools/eyes.sdk.javascript1/blob/864f0ebfec04dd370631de1703817e098faa55b8/packages/eyes-selenium/src/spec-driver.ts#L55)\n\n#### `isEqualElements`\nThis command is used to understand if two element objects are references to the same element on a web page (or in a native app), should return `true` if elements are the same.\n\n> **`WD!`** Elements could be compared by their IDs, since by the protocol specification element ID should be unique across all of the frames and the same for the same element, however not all WD implementation keep that rule (e.g. iOS Safari). In this case, elements could be compared in a browser by executing a script with those elements which will compare them, if a stale element error will be thrown, elements are obviously not equivalent.\n\nReference: [TS WDIO](https://github.com/applitools/eyes.sdk.javascript1/blob/eyes-api/packages/eyes-webdriverio-5/src/spec-driver.ts#L112)\n\n### Core commands\nEach command in this section accepts driver/context as a first argument.\n\n#### `mainContext`\nThis command is used to get access to the main/top-level frame from the current/given frame.\n\n> **`WD!`** This command has to change driver's current frame to the topmost frame, and not necessarily return driver.\n\n> **`CDP!`** This command has to return the topmost (the one which doesn't have a parent) frame in a hierarchy from the given frame.\n\nReferences: [TS Selenium](https://github.com/applitools/eyes.sdk.javascript1/blob/864f0ebfec04dd370631de1703817e098faa55b8/packages/eyes-selenium/src/spec-driver.ts#L78), [TS Playwright](https://github.com/applitools/eyes.sdk.javascript1/blob/864f0ebfec04dd370631de1703817e098faa55b8/packages/eyes-playwright/src/spec-driver.ts#L67), [Ruby Selenium](https://github.com/applitools/eyes.sdk.javascript1/blob/24c660e3cc7504d0547901f67a467324c45b2f25/rb/eyes-selenium/lib/applitools/selenium/spec-driver.rb#L21)\n\n#### `parentContext`\nThis command is used to get access to the parent frame of the current/given frame.\n\n> **`WD!`** This command has to change driver's current frame to the parent frame of the current frame, and not necessarily return driver. Legacy implementations of some frameworks (e.g. selenium 3, wdio 4) don't have a dedicated api for this functionality, in this case, the only way to perform the action is by sending a request to the endpoint by yourself ([WD Spec](https://www.w3.org/TR/webdriver/#switch-to-parent-frame)).\n\n> **`CDP!`** This command have to return the parent frame (previous in a hierarchy) of the given frame.\n\nReferences: [TS Selenium](https://github.com/applitools/eyes.sdk.javascript1/blob/864f0ebfec04dd370631de1703817e098faa55b8/packages/eyes-selenium/src/spec-driver.ts#L82), [TS Playwright](https://github.com/applitools/eyes.sdk.javascript1/blob/864f0ebfec04dd370631de1703817e098faa55b8/packages/eyes-playwright/src/spec-driver.ts#L75), [Ruby Selenium](https://github.com/applitools/eyes.sdk.javascript1/blob/24c660e3cc7504d0547901f67a467324c45b2f25/rb/eyes-selenium/lib/applitools/selenium/spec-driver.rb#L25)\n\n#### `childContext`\nThis command is used to get access to the child frame of the current/given frame by **element** which refer to the target iframe.\n\n> **`WD!`** This command has to change driver's current frame to the child frame using given element, and not necessarily return driver.\n\n> **`CDP!`** This command has to return the content frame of the given element, parent frame is still provided in arguments, but the protocol doesn't require to use of it.\n\nReferences: [TS Selenium](https://github.com/applitools/eyes.sdk.javascript1/blob/864f0ebfec04dd370631de1703817e098faa55b8/packages/eyes-selenium/src/spec-driver.ts#L91), [TS Playwright](https://github.com/applitools/eyes.sdk.javascript1/blob/864f0ebfec04dd370631de1703817e098faa55b8/packages/eyes-playwright/src/spec-driver.ts#L79), [Ruby Selenium](https://github.com/applitools/eyes.sdk.javascript1/blob/24c660e3cc7504d0547901f67a467324c45b2f25/rb/eyes-selenium/lib/applitools/selenium/spec-driver.rb#L29)\n\n#### `executeScript`\nThis command executes a given script of type string with given arguments in a given context.\n\n> **`CDP!`** The protocol is not able to execute scripts that are not function declaration, this means that just function body or JS expression are not valid scripts, for example `return document. title`, has to be transformed to `function(){ return document.title }`.\n\nReferences: [TS Selenium](https://github.com/applitools/eyes.sdk.javascript1/blob/864f0ebfec04dd370631de1703817e098faa55b8/packages/eyes-selenium/src/spec-driver.ts#L71), [TS Playwright](https://github.com/applitools/eyes.sdk.javascript1/blob/864f0ebfec04dd370631de1703817e098faa55b8/packages/eyes-playwright/src/spec-driver.ts#L62), [Ruby Selenium](https://github.com/applitools/eyes.sdk.javascript1/blob/24c660e3cc7504d0547901f67a467324c45b2f25/rb/eyes-selenium/lib/applitools/selenium/spec-driver.rb#L14)\n\n#### `findElement`\nThis command finds element by a given selector in a given context. If an element doesn't exist, `null` should be returned (**do not throw**). See [isSelector](###isSelector) command for selector formats.\n\nReference: [TS Selenium](https://github.com/applitools/eyes.sdk.javascript1/blob/864f0ebfec04dd370631de1703817e098faa55b8/packages/eyes-selenium/src/spec-driver.ts#L95), [Ruby Selenium](https://github.com/applitools/eyes.sdk.javascript1/blob/24c660e3cc7504d0547901f67a467324c45b2f25/rb/eyes-selenium/lib/applitools/selenium/spec-driver.rb#L33)\n\n#### `findElements`\nThis command finds multiple elements by a given selector in a given context. If no elements don't exist, an empty array (`[]`) should be returned. See [isSelector](###isSelector) command for selector formats.\n\nReference: [TS Selenium](https://github.com/applitools/eyes.sdk.javascript1/blob/864f0ebfec04dd370631de1703817e098faa55b8/packages/eyes-selenium/src/spec-driver.ts#L103), [Ruby Selenium](https://github.com/applitools/eyes.sdk.javascript1/blob/24c660e3cc7504d0547901f67a467324c45b2f25/rb/eyes-selenium/lib/applitools/selenium/spec-driver.rb#L37)\n\n#### `getDriverInfo`\nThis command is used to extract information about the driver and environment in the very beginning. Keep in mind that not all of the properties are required.\n\nHere is a schema of the JSON object this method should return.\n```ts\n{\n  sessionId?: string, // aut session id\n  isMobile?: boolean, // true if the environment is a mobile device (e.g. os is android or ios), this doesn't necessarily mean a native app is tested\n  isNative?: boolean, // true if the environment is a native app (so no browser)\n  deviceName?: string, // device name\n  platformName?: string, // os name\n  platformVersion?: string, // os version\n  browserName?: string, // browser name\n  browserVersion?: string, //browser version\n}\n```\n\n> In fact if your framework doesn't support native apps automation the whole method could be skipped, in this case, data will be extracted from a user agent, but better implement it, if possible. All of the information is contained in the capabilities of the driver. In the future, we might want to provide more information here.\n\nReference: [TS Selenium](https://github.com/applitools/eyes.sdk.javascript1/blob/864f0ebfec04dd370631de1703817e098faa55b8/packages/eyes-selenium/src/spec-driver.ts#L155)\n\n#### `getOrientation`\nThis command is not required if the framework doesn't support native apps automation. This command should return `\"landscape\"` or `\"portrait\"` strings in **lowercase** depends on device orientation.\n\n> If the framework supports device rotation in runtime, then orientation should also be extracted in runtime and not from capabilities. ([Appium spec](https://appium.io/docs/en/commands/session/orientation/get-orientation/))\n\nReference: [TS WDIO](https://github.com/applitools/eyes.sdk.javascript1/blob/864f0ebfec04dd370631de1703817e098faa55b8/packages/eyes-webdriverio-5/src/spec-driver.ts#L220)\n\n#### `getTitle`\nThis command should return the title of the page.\n\nReference: [TS Selenium](https://github.com/applitools/eyes.sdk.javascript1/blob/864f0ebfec04dd370631de1703817e098faa55b8/packages/eyes-selenium/src/spec-driver.ts#L179), [Ruby Selenium](https://github.com/applitools/eyes.sdk.javascript1/blob/24c660e3cc7504d0547901f67a467324c45b2f25/rb/eyes-selenium/lib/applitools/selenium/spec-driver.rb#L54)\n\n#### `getUrl`\nThis command should return the current url of the page.\n\nReference: [TS Selenium](https://github.com/applitools/eyes.sdk.javascript1/blob/864f0ebfec04dd370631de1703817e098faa55b8/packages/eyes-selenium/src/spec-driver.ts#L182), [Ruby Selenium](https://github.com/applitools/eyes.sdk.javascript1/blob/24c660e3cc7504d0547901f67a467324c45b2f25/rb/eyes-selenium/lib/applitools/selenium/spec-driver.rb#L58)\n\n#### `takeScreenshot`\nThis command should use the default framework api to take a screenshot of the viewport (**without any stabilization**). The result should be returned as base64 encoded string.\n\nReference: [TS Selenium](https://github.com/applitools/eyes.sdk.javascript1/blob/864f0ebfec04dd370631de1703817e098faa55b8/packages/eyes-selenium/src/spec-driver.ts#L188), [Ruby Selenium](https://github.com/applitools/eyes.sdk.javascript1/blob/24c660e3cc7504d0547901f67a467324c45b2f25/rb/eyes-selenium/lib/applitools/selenium/spec-driver.rb#L74)\n\n#### `getElementRect`\nThis command is used to get metrics of the **native** element only. This command will not be used for the web, since a more complex algorithm is required. The result should be returned as a JSON object with properties `x`, `y`, `width` and `height`, values should remain fractional, no rounding is required.\n\nReference: [TS Selenium](https://github.com/applitools/eyes.sdk.javascript1/blob/864f0ebfec04dd370631de1703817e098faa55b8/packages/eyes-selenium/src/spec-driver.ts#L106)\n\n#### `setWindowSize`\nThis command should set window size from a given JSON object with properties `width` and `height`. The command have to also set window position to (0,0) in order to archive the maximum possible window size to be set.\nThis command should not be implemented if [setViewportSize](###setViewportSize) is already implemented.\n\n> **`WD!`** Legacy implementations of selenium don't allow to set size and position with a single method, in this case, they should be set separately.\n\n> **`CDP!`** Protocol doesn't support window manipulations, but instead alow viewport manipulations, have a look at [setViewportSize](###setViewportSize).\n\nReference: [TS Selenium](https://github.com/applitools/eyes.sdk.javascript1/blob/77fa7c7083d0c673acee3b203b1d0b1a7e972575/packages/eyes-selenium/src/spec-driver.ts#L123), [Ruby Selenium](https://github.com/applitools/eyes.sdk.javascript1/blob/24c660e3cc7504d0547901f67a467324c45b2f25/rb/eyes-selenium/lib/applitools/selenium/spec-driver.rb#L45)\n\n#### `getWindowSize`\nThis command should return the size of the window in the format of the JSON object with properties `width`, and `height`.\nThe command **have** to be implemented if [setWindowSize](###setWindowSize) was implemented, and could be skipped if [setViewportSize](###setViewportSize) was implemented.\n\n> **`WD!`** Modern implementations of selenium don't have an api to get window size, but api to get window rect could be used instead.\n\n> **`APPIUM!`** Legacy versions of appium servers could not treat well command to get window rect, in this case command to get window size should be sent.\n\n> **`CDP!`** Protocol doesn't support window manipulations, but instead alow viewport manipulations, have a look at [getViewportSize](###getViewportSize).\n\n\nReference: [TS Selenium](https://github.com/applitools/eyes.sdk.javascript1/blob/864f0ebfec04dd370631de1703817e098faa55b8/packages/eyes-selenium/src/spec-driver.ts#L112), [Ruby Selenium](https://github.com/applitools/eyes.sdk.javascript1/blob/24c660e3cc7504d0547901f67a467324c45b2f25/rb/eyes-selenium/lib/applitools/selenium/spec-driver.rb#L41)\n\n#### `setViewportSize`\nThis command should set viewport size from given JSON object with properties `width` and `height`.\n\n> **`WD!`** Protocol doesn't allow to manipulate viewport directly. Implement [setWindowSize](###setWindowSize) and [getWindowSize](###getWindowSize) instead.\n\nReference: [TS Playwright](https://github.com/applitools/eyes.sdk.javascript1/blob/864f0ebfec04dd370631de1703817e098faa55b8/packages/eyes-playwright/src/spec-driver.ts#L98)\n\n#### `getViewportSize`\nThis command should return the size of the viewport in the format of the JSON object with the properties `width` and `height`. This command does not necessarily have to be implemented, since viewport size could be extracted from the browser, but if it is possibly better to have it implemented since the framework could already have this information.\n\n> **`WD!`** Protocol doesn't allow to manipulate viewport directly. Implement [setWindowSize](###setWindowSize) and [getWindowSize](###getWindowSize) instead.\n\nReference: [TS Playwright](https://github.com/applitools/eyes.sdk.javascript1/blob/864f0ebfec04dd370631de1703817e098faa55b8/packages/eyes-playwright/src/spec-driver.ts#L95)\n\n## Refer\nThe most important objects that sdk has to operate with are non-serializable (e.g. driver object, eyes instantiation) and could not be sent through the WebSocket protocol. It requires to implementation of a generic way for non-serializable object representation. Down below will be described a way that have to be used to create references on both client and server sides.\n\nReference implementation: [JS implementation](https://github.com/applitools/eyes.sdk.javascript1/blob/1a54c6b3f28b25b41a708f5b600ceabbf8fc9db6/packages/eyes-universal/src/refer.js), [Ruby implementation](https://github.com/applitools/eyes.sdk.javascript1/blob/poc/universal-ruby-sdk/rb/eyes-selenium/lib/applitools/refer.rb)\n\n### Refer storage\nRefer should have a key-value storage with each object reference was crated for. Keys in the storage are guids were used in the reference object. Objects should be removed from the storage, once they will not be in use anymore. The storage should support relations between different references, means that presence of some references should depend on presence of others (e.g. it doesn't make sense to keep elements in storage when driver was already destroyed.\n\n### Reference format\nEach ref is a JSON object with only one property `applitools-ref-id` with a guid string value.\n\n```ts\n{\n  'applitools-ref-id': string\n}\n```\n\nHow ever ref interface could be extended in some cases to provide more data about the object it referring to, for example it makes sense to add information about the selector to the element references, it will allow to avoid back and forth communication with the server in some rare cases.\n\n### Reference usage\nOn the client-side received from the server references (from commands [Core.makeManager](#Core.makeManager) and [EyesManager.openEyes](#EyesManager.openEyes)) could be used only to perform other server-side actions related to the object these references referring to. However, references which client sends to the server inevitably will be received back in one of the [Server-initiated commands](#Server-initiated-commands), in this case client should dereference received reference an perform required operation with actual object.\n\n## API\nThe API layer is the biggest part of the client implementation which should abstract the way end-user will use an sdk from the internal implementation. The main functional purpose of this layer should be to collect all of the configuration and inputs from a user and send them when actual action should be done. The biggest benefit of this architecture is that API (the biggest and the most chaotic part of the sdk) shouldn't be re-implemented again and again for each new framework.\n\nReference implementation: [TS Eyes API](https://github.com/applitools/eyes.sdk.javascript1/tree/eyes-api/packages/eyes-api)\n","engines":{"node":">=14.15.0"},"scripts":{"deps":"bongo deps","lint":"eslint '**/*.ts'","test":"yarn test:it && yarn test:e2e","build":"yarn build:dist && yarn build:bin","test:it":"echo 'mocha ./test/it/*.spec.js --no-timeouts'","version":"yarn build && bongo version","test:e2e":"mocha ./test/e2e/*.spec.ts --exit --no-timeouts -r ts-node/register","build:bin":"pkg ./dist/cli.js --out-path ./bin --compress GZip --targets node14-linux-x64,node14-macos-x64,node14-win-x64 && mv ./bin/cli-macos ./bin/eyes-universal-macos && mv ./bin/cli-linux ./bin/eyes-universal-linux && mv ./bin/cli-win.exe ./bin/eyes-universal-win.exe","build:tgz":"tar -czf ./bin/eyes-universal.tar.gz -C ./bin ./eyes-universal-linux ./eyes-universal-macos ./eyes-universal-win.exe","build:zip":"zip -j ./bin/eyes-universal.zip ./bin/eyes-universal-linux ./bin/eyes-universal-macos ./bin/eyes-universal-win.exe","test:unit":"mocha ./test/unit/*.spec.ts --exit --no-timeouts -r ts-node/register","build:dist":"tsc","gh:publish":"gh workflow run publish-universal.yml --ref $(git rev-parse --abbrev-ref HEAD)","preversion":"bongo preversion && yarn build && yarn build:zip && yarn build:tgz","postversion":"bongo postversion"},"_npmUser":{"name":"amitzur-applitools","email":"amit.zur@applitools.com"},"repository":{"url":"git@github.com:applitools/eyes.sdk.javascript1.git","type":"git","directory":"packages/eyes-universal"},"description":"Applitools Eyes Universal SDK","directories":{},"licenseText":"-  -\nSDK LICENSE AGREEMENT\nIMPORTANT - PLEASE READ CAREFULLY THE TERMS OF THIS LICENSE AGREEMENT (“AGREEMENT”). BY INSTALLING, ACCESSING AND/OR USING THE SOFTWARE (AS DEFINED BELOW), YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOU, OR THE COMPANY YOU REPRESENT, (“YOU” OR “LICENSEE”) ARE ENTERING INTO A LEGAL AGREEMENT WITH APPLITOOLS LTD. AND ITS AFFILIATES (“APPLITOOLS”), AND HAVE UNDERSTOOD AND AGREE TO COMPLY WITH, AND BE LEGALLY BOUND BY, THE TERMS AND CONDITIONS OF THIS AGREEMENT. YOU HEREBY WAIVE ANY RIGHTS OR REQUIREMENTS UNDER ANY LAWS OR REGULATIONS IN ANY JURISDICTION WHICH REQUIRE AN ORIGINAL (NON-ELECTRONIC) SIGNATURE OR DELIVERY OR RETENTION OF NON-ELECTRONIC RECORDS, TO THE EXTENT PERMITTED UNDER APPLICABLE LAW. \nTHE SOFTWARE MAY BE USED SOLELY FOR YOUR PERSONAL, NON-COMMERCIAL PURPOSES. FOR COMMERCIAL PURPOSES PLEASE CONTACT THE REGIONAL APPLITOOLS BUSINESS REPRESENTATIVE. \n1. Definitions. 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APPLITOOLS DOES NOT SELL OR TRANSFER TITLE IN THE SOFTWARE, OR ANY PART THEREOF, TO LICENSEE. The Documentation, Software (excluding any Open Source Software and Third Party Software therein which are owned by their respective licensors) and/or any copies thereof, including without limitation any derivative works made (regardless of whether such derivative works were made and/or developed pursuant to the request and/or specifications of Licensee, and irrespective of any support and/or assistance Applitools may, will or had received from Licensee, or any third party on its behalf, with respect thereto), as well as any updates or upgrades thereto, if provided to Applitools pursuant to this Agreement, shall remain Applitools’ sole and exclusive property. All Intellectual Property Rights evidenced by or embodied in and/or attached/connected/related to the Software, or part thereof, are and shall be owned solely and exclusively by Applitools. Nothing in this Agreement shall constitute a waiver of Applitools’ Intellectual Property Rights under any law, or be in any way construed or interpreted as such. It is further agreed that to the extent Licensee provides Applitools with Feedback, Licensee acknowledges that any and all rights, including Intellectual Property Rights in such Feedback shall belong exclusively to Applitools and Licensee hereby irrevocably and unconditionally transfers and assigns to Applitools all intellectual property rights in such Feedback and waives any and all moral rights that Licensee may have in respect thereto. It is further understood that use of Feedback, if any, may be made by Applitools at its sole discretion, and that Applitools in no way shall be obliged to make use of any kind of the Feedback or part thereof. \n1. Warranty. Applitools warrants that to its knowledge it has the right to grant the license under this Agreement. 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You hereby agree to defend, indemnify and hold harmless Applitools and its affiliates and their respective officers, directors, agents and employees from any and all claims, damages, liabilities, costs, and expenses (including attorney’s fees) arising from claims related to Your use of the Software as well as from Your failure to comply with this Agreement.\n1. Limitation of Liability. UNDER NO CIRCUMSTANCES SHALL APPLITOOLS AND/OR ITS AFFILIATES BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, OR FOR ANY LOSS OF DATA, REVENUE, BUSINESS OR REPUTATION, THAT ARISES UNDER OR IN CONNECTION WITH THIS AGREEMENT, OR THAT RESULTS FROM THE USE OF, OR THE INABILITY TO USE, THE SOFTWARE. APPLITOOLS’S TOTAL AGGREGATE LIABILITY FOR ANY AND ALL DIRECT DAMAGES AND LOSSES THAT ARISE UNDER OR IN CONNECTION WITH THIS AGREEMENT SHALL NOT IN ANY CIRCUMSTANCE EXCEED THE AMOUNT OF 100.00 (ONE HUNDRED) UNITED STATES DOLLARS. 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This Agreement shall continue until terminated as set forth in this section (the “Term”). You may terminate this Agreement at any time by removing the Software from Your system and destroying all copies of the Software and Documentation relating to the Software. Unauthorized copying of the Software or otherwise failing to comply with this Agreement will result in automatic immediate termination of this Agreement and will make available to Applitools legal remedies. Applitools reserves the right to terminate this Agreement and the License at any time and without notice. Upon termination of this Agreement, the License will terminate and You: (i) will cease any and all rights to use the Software, and (ii) will remove the Software from all hard drives, networks and other storage media and destroy all copies of the Software in your possession or under your control. The provisions of Sections ‎2.3, ‎2.4, ‎2.5, ‎6, ‎7, ‎8, ‎9, 10, ‎11 and ‎12 shall survive the termination, expiration or other ending of this Agreement.\n1. Miscellaneous. This Agreement represents the complete agreement concerning the Software between You and Applitools and supersedes all prior agreements and representations between You and Applitools. If any provision of this Agreement is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable. Any waiver of any provision of this Agreement will be effective only if in writing and signed by Applitools. This Agreement is personal to You and may not be assigned or transferred for any reason whatsoever without the consent of Applitools and any action or conduct in violation of the foregoing shall be void and without effect. Applitools expressly reserves the right to assign this Agreement and to delegate any of its obligations hereunder. This Agreement are governed by and construed under the laws of the State of Israel, excluding its conflicts of law rules. You expressly agree that the exclusive jurisdiction for any claim or action arising out of or relating to this Agreement shall be the courts located in Tel Aviv, Israel, and You further agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action. In any action or proceeding to enforce rights under this Agreement, the prevailing party shall be entitled to recover costs and attorneys’ fees.","dependencies":{"ws":"7.4.6","yargs":"16.1.0","webdriver":"7.16.11","@applitools/utils":"1.2.13","@applitools/logger":"1.0.11","@applitools/eyes-sdk-core":"14.0.0-beta.0","@applitools/visual-grid-client":"15.10.0-beta.0"},"_hasShrinkwrap":false,"readmeFilename":"README.md","devDependencies":{"pkg":"^5.3.2","mocha":"^9.0.0","eslint":"^7.9.0","ts-node":"^10.0.0","prettier":"^2.1.2","@types/ws":"^7.4.4","typescript":"^4.5.2","@types/mocha":"^9.0.0","@types/yargs":"^17.0.0","@applitools/types":"1.0.25","eslint-plugin-node":"^11.1.0","@applitools/test-utils":"^1.0.12","eslint-config-prettier":"^7.2.0","eslint-plugin-prettier":"^3.3.1","@typescript-eslint/parser":"^4.15.1","@applitools/sdk-release-kit":"^0.13.11","eslint-plugin-mocha-no-only":"^1.1.1","@applitools/sdk-coverage-tests":"^2.3.18","@typescript-eslint/eslint-plugin":"^4.15.1"},"_npmOperationalInternal":{"tmp":"tmp/eyes-universal_2.0.0-beta.0_1646652896653_0.6147958816498931","host":"s3://npm-registry-packages"}},"2.0.0-beta.1":{"name":"@applitools/eyes-universal","version":"2.0.0-beta.1","keywords":["applitools","eyes","test 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LICENSE","_id":"@applitools/eyes-universal@2.0.0-beta.1","maintainers":[{"name":"david.haeffner","email":"david.haeffner@applitools.com"},{"name":"chaimaharonson","email":"chaim.aharonson@applitools.com"},{"name":"roy.sela","email":"roy.sela@applitools.com"},{"name":"ronikar_applitools","email":"roni.karilkar@applitools.com"},{"name":"anton-chuev","email":"anton.chuev@applitools.com"},{"name":"danielputerman","email":"daniel.puterman@applitools.com"},{"name":"amitzur","email":"sendwithchibo@gmail.com"},{"name":"ramapplitools","email":"ram.nathaniel@applitools.com"},{"name":"applitools-admin","email":"team@applitools.com"},{"name":"applitools-readonly","email":"gil.tayar@applitools.com"},{"name":"iasisapp","email":"itamar.asis@applitools.com"},{"name":"yotammadem","email":"yotammadem@gmail.com"},{"name":"liranbarokas","email":"liranbarokas@gmail.com"},{"name":"itayy.applitools","email":"Itay.yelin@applitools.com"},{"name":"denis.styrt","email":"denis.styrt@applitools.com"},{"name":"kyrylo.onufriiev","email":"kyrylo.onufriiev@applitools.com"},{"name":"amitzur-applitools","email":"amit.zur@applitools.com"},{"name":"yardenw.applitools","email":"yarden.wieder@applitools.com"},{"name":"ormeda","email":"ormeird@gmail.com"},{"name":"vgprod","email":"vgteam@applitools.com"},{"name":"adam.carmi","email":"adam.carmi@applitools.com"},{"name":"danoam","email":"noam.davidovitz@applitools.com"},{"name":"clementbarry","email":"klemobari@gmail.com"},{"name":"sophieta","email":"sophie.tagar@applitools.com"}],"homepage":"https://applitools.com/","bugs":{"url":"https://github.com/applitools/eyes.sdk.javascript1/issues"},"bin":{"eyes-universal":"dist/cli.js"},"dist":{"shasum":"565d5141cb76221825344d447027ded9264ffdd2","tarball":"https://registry.npmjs.org/@applitools/eyes-universal/-/eyes-universal-2.0.0-beta.1.tgz","fileCount":20,"integrity":"sha512-XQdlpMz5yXB27vMzGFveQSBXSWPMWlDEHJixM7RPFQgt8nwZHPXczKOLc97zqLXw+ZYoQlSkR3FmvGPc/ZszPQ==","signatures":[{"sig":"MEUCIFSp9sYatMG5kkYeQ+tZteQa+mDjWdl3NEwOtyGPZkyjAiEAzXXrcUmy0qpOTCmktfhxYd8lbQS4CC0FfMnjPaIjAP8=","keyid":"SHA256:jl3bwswu80PjjokCgh0o2w5c2U4LhQAE57gj9cz1kzA"}],"unpackedSize":109116,"npm-signature":"-----BEGIN 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Universal\n<center>\n\n  ![Applitools Eyes](https://i.ibb.co/3hWJK68/applitools-eyes-logo.png)\n\n  [![npm](https://img.shields.io/npm/v/@applitools/eyes-universal?color=%2302afc2&label=npm&logo=npm)](https://www.npmjs.com/package/@applitools/eyes-universal)\n  [![GitHub release (latest by date)](https://img.shields.io/badge/binaries-download-%2302afc2?logo=github)](https://github.com/applitools/eyes.sdk.javascript1/releases)\n\n</center>\n\n- [Eyes Universal](#eyes-universal)\n  - [Introduction](#introduction)\n  - [WebSocket](#websocket)\n    - [Universal SDK messaging protocol](#universal-sdk-messaging-protocol)\n      - [Request format](#request-format)\n      - [Response format](#response-format)\n      - [Event format](#event-format)\n    - [Client-initiated events](#client-initiated-events)\n      - [Session.init](#sessioninit)\n    - [Client-initiated commands](#client-initiated-commands)\n      - [Core.makeManager](#coremakemanager)\n      - [EyesManager.openEyes](#eyesmanageropeneyes)\n      - [EyesManager.closeManager](#eyesmanagerclosemanager)\n      - [Eyes.check](#eyescheck)\n      - [Eyes.locate](#eyeslocate)\n      - [Eyes.extractTextRegions](#eyesextracttextregions)\n      - [Eyes.extractText](#eyesextracttext)\n      - [Eyes.close](#eyesclose)\n      - [Eyes.abort](#eyesabort)\n      - [Core.getViewportSize](#coregetviewportsize)\n      - [Core.setViewportSize](#coresetviewportsize)\n      - [Core.closeBatches](#coreclosebatches)\n      - [Core.deleteTest](#coredeletetest)\n    - [Server-initiated commands](#server-initiated-commands)\n  - [SpecDriver](#specdriver)\n    - [Utility commands](#utility-commands)\n      - [`isDriver`](#isdriver)\n      - [`isElement`](#iselement)\n      - [`isSelector`](#isselector)\n      - [`transformDriver`](#transformdriver)\n      - [`transformElement`](#transformelement)\n      - [`extractSelector`](#extractselector)\n      - [`isStaleElementError`](#isstaleelementerror)\n      - [`isEqualElements`](#isequalelements)\n    - [Core commands](#core-commands)\n      - [`mainContext`](#maincontext)\n      - [`parentContext`](#parentcontext)\n      - [`childContext`](#childcontext)\n      - [`executeScript`](#executescript)\n      - [`findElement`](#findelement)\n      - [`findElements`](#findelements)\n      - [`getDriverInfo`](#getdriverinfo)\n      - [`getOrientation`](#getorientation)\n      - [`getTitle`](#gettitle)\n      - [`getUrl`](#geturl)\n      - [`takeScreenshot`](#takescreenshot)\n      - [`getElementRect`](#getelementrect)\n      - [`setWindowSize`](#setwindowsize)\n      - [`getWindowSize`](#getwindowsize)\n      - [`setViewportSize`](#setviewportsize)\n      - [`getViewportSize`](#getviewportsize)\n  - [Refer](#refer)\n    - [Refer storage](#refer-storage)\n    - [Reference format](#reference-format)\n    - [Reference usage](#reference-usage)\n  - [API](#api)\n\n\n## Introduction\nThe main purpose of client implementation (*Client*) is to provide a language binding for the functionality core implemented in JavaScript (*Server*). *Server* controls everything, and *Client* doesn't need to know anything about how work is done.\n\nFor the *Client* to be able to communicate with the *Server* it has to implement [WebSocket Client](#WebSocket) communication layer. Through the WebSocket channel *Client* could send commands to the *Server* in order to perform any operations, at the same time *Server* will send commands to the *Client* in order to automate an environment. *Client* has to implement a set of commands ([SpecDriver](#SpecDriver)) and perform those commands when *Server* will ask for it. Since the execution of any command requires knowing about the context this command should be executed in, *Client* should pass some context references to the *Server*. To solve this problem *Client* have to implement a [Refer](#Refer) mechanism. Refer should help *Client* to send non-serializable data to the server, and when this data will be received back from the server easily deref it to the original non-serializable object.\n\nIn case of using WebDrive based framework on the *Client*, implementation of a ([SpecDriver](#SpecDriver)) could be avoided as well as a [Refer](#Refer)  implementation. This simplification could be achieved by providing information about WebDriver automation session instead of the driver, also it requires to provide element ids instead of the elements. Since all of the non-serializable objects are replaced with a serializable data object the need in [Refer](#Refer) is eliminated.\n\nThe biggest part of the client implementation is the actual user-facing [API layer](#API), it should not contain any specific logic, but only perform some input data validation, collecting, and processing before these data will be sent to the server. API layer should not have any binding to the automation framework it should be used with, it will help to re-use API layer for different frameworks.\n\n## WebSocket\nThe client-server architecture of the universal sdk requires an implementation of the communication layer between the *Client* and the *Server*. Because of a major need for bidirectional communication, WebSocket protocol was chosen. WebSocket protocol operates only with messages, and each of those is an independent chunk of data. The protocol doesn't support getting a response on a message. This is why the format of communication is determined by a proprietary request-response messaging interface (*Universal SDK messaging protocol*), which requires a specific format of client-server messages.\n\nAll of the commands should be treated as requests, which means that response is always has to be sent after a request is received. But simple events are also allowed by the *Universal SDK messaging protocol*, which means that *Client*, as well as *Server*, could send a message which doesn't require any response.\n\nReference implementation: [JS implementation](https://github.com/applitools/eyes.sdk.javascript1/blob/1a54c6b3f28b25b41a708f5b600ceabbf8fc9db6/packages/eyes-universal/src/socket.js), [Ruby implementation](https://github.com/applitools/eyes.sdk.javascript1/blob/poc/universal-ruby-sdk/rb/eyes-selenium/lib/applitools/socket.rb)\n\n### Universal SDK messaging protocol\nThe protocol describes the format of messages of different types such as [Request](#Request-format), [Response](#Response-format), and [Event](#Event-format). Each of the messages should be formatted as a JSON string.\n\n> **`IDEA`** maybe it makes sense to also support something like UBJSON, it might be helpful in order to send screenshots from *Client* without conversion to the base64 string, which is an obvious overhead.\n\nBoth client an server operate with their own sets of non-serializable object, which have to be somehow sent through the WebSocket. On client non-serializable objects are drivers, elements, and maybe selectors, at the same time server operates with runner and eyes abstractions. The protocol describes a generic way to represent non-serializable objects (for client, as well as for server) through the separate module [Refer](#Refer) with a strict patter and format of references.\n\n#### Request format\n```ts\n{\n  name: string, // could be any string, but recommended format is \"<Domain>.<requestName>\" (e.g. \"Driver.executeScript\")\n  key: string, // could be any random string, this value will be used to associate response with actual request.\n  payload?: any // any input data\n}\n```\n\n#### Response format\n```ts\n{\n  name: string, // name of the request this response sent for\n  key: string, // key value received in request\n  payload: {\n    result?: any, // result of the request if it was finished successfully\n    error?: { // error object if exception was thrown during action processing\n      message: string // error massage\n      stack: string // error stack trace\n    }\n  }\n}\n```\n\n#### Event format\n```ts\n{\n  name: string, // could be any string, but recommended format is \"<Domain>.<eventName>\"\n  payload?: any // any event data\n}\n```\n\n### Client-initiated events\nIn order to pass some data to the *Server* and let *Server* process it on its own *Client* could send lightweight events ([Event format](#Event-format)), which will not be responded in any way.\n\n#### Session.init\nThis event has to be sent in the first place just after a connection between *Client* and *Server* will be established. *Client* should send an important metadata about itself in a format:\n```ts\n{\n  name: string, // name of the client sdk\n  version: string, // version of the client sdk\n  commands?: string[], // array of command names that could be processed by the client sdk\n  protocol?: 'webdriver' // the name of the prebuilt server-side spec driver\n}\n```\n\n### Client-initiated commands\nIn order to perform any action, the *Client* has to send a proper request to the *Server* in a specific format ([Request format](#Request-format)) and wait for the response in a format described here ([Response format](#Response-format)).\n\n#### Core.makeManager\nThis request should be sent to create a manager object. It expects input of type [EyesManagerConfig](https://github.com/applitools/eyes.sdk.javascript1/blob/0eec1b760d07489f62d95b9441d0ee5c560c24a1/packages/types/src/config.ts#L19).\n\nIn response client should expect to get a manager reference ([ManagerRef](#Reference-format)), this reference has to be used in order to perform manager related actions ([EyesManager.openEyes](#EyesManager.openEyes), [EyesManager.closeManager](#EyesManager.closeManager))\n\n> Do not send this command in a moment when `EyesManager` is constructed but instead send it lazily when the actual eyes object has to be opened. Pay attention that in this architecture eyes could be created only from a manager instance, and creation and opening of the eyes are combined in a single operation.\n\n#### EyesManager.openEyes\nThis command has to be used in order to create an eyes object. It expects input with related [ManagerRef](#Reference-format) (from [Core.makeManager](#Core.makeManager)), [DriverRef](#Reference-format), and [EyesConfig](https://github.com/applitools/eyes.sdk.javascript1/blob/0eec1b760d07489f62d95b9441d0ee5c560c24a1/packages/types/src/config.ts#L25) in a format:\n```ts\n{\n  manager: ManagerRef, // reference received from \"Core.makeManager\" command\n  driver: DriverRef, // reference to the driver that will be used by the server in order to perform automation\n  config?: EyesConfig // configuration object that will be associated with a new eyes object, it could be overridden later\n}\n```\n\nIn response client should expect to get an eyes reference ([EyesRef](#Reference-format)), this reference has to be used in eyes related requests ([Eyes.check](#Eyes.check), [Eyes.locate](#Eyes.locate), [Eyes.extractTextRegions](#Eyes.extractTextRegions), [Eyes.extractText](#Eyes.extractText), [Eyes.close](#Eyes.close), [Eyes.abort](#Eyes.abort))\n\n#### EyesManage.closeManager\nThis command is meant to be used to close all eyes objects created with this runner, abort unclosed test, and return a summary with results, and exceptions from each of the eyes objects. It expects an input with a related [ManagerRef](#Reference-format) (from [Core.makeManager](#Core.makeManager) and a `throwErr` property:\n```ts\n{\n  manager: ManagerRef\n  throwErr: boolean\n}\n```\n\nIn response client will receive an array of [TestResult](https://github.com/applitools/eyes.sdk.javascript1/blob/0eec1b760d07489f62d95b9441d0ee5c560c24a1/packages/types/src/data.ts#L205)'s\n\n> This command will never throw error due to test result status. This functionality should be implemented on client side.\n\n#### Eyes.check\nThis command is used to perform a check/match action. It expects input with a related [EyesRef](#Reference-format), [CheckSettings](https://github.com/applitools/eyes.sdk.javascript1/blob/0eec1b760d07489f62d95b9441d0ee5c560c24a1/packages/types/src/setting.ts#L66), and [EyesConfig](https://github.com/applitools/eyes.sdk.javascript1/blob/0eec1b760d07489f62d95b9441d0ee5c560c24a1/packages/types/src/config.ts#L25) in a format:\n```ts\n{\n  eyes: EyesRef,\n  settings?: CheckSettings,\n  config?: EyesConfig\n}\n```\n\nIn a case of success, the client will receive a response with [MatchResult](https://github.com/applitools/eyes.sdk.javascript1/blob/0eec1b760d07489f62d95b9441d0ee5c560c24a1/packages/types/src/data.ts#L200) object.\n\n#### Eyes.locate\nThis command is used to perform a locate action. It expects input with a related [EyesRef](#Reference-format), [LocateSettings](https://github.com/applitools/eyes.sdk.javascript1/blob/0eec1b760d07489f62d95b9441d0ee5c560c24a1/packages/types/src/setting.ts#L92), and [EyesConfig](https://github.com/applitools/eyes.sdk.javascript1/blob/0eec1b760d07489f62d95b9441d0ee5c560c24a1/packages/types/src/config.ts#L25) in a format:\n```ts\n{\n  eyes: EyesRef,\n  settings: LocateSettings,\n  config?: EyesConfig\n}\n```\n\nIn a case of success, the client will receive a response with an object where locator names, passed in [LocateSettings](https://github.com/applitools/eyes.sdk.javascript1/blob/0eec1b760d07489f62d95b9441d0ee5c560c24a1/packages/types/src/setting.ts#L92), are correlated with [Region](https://github.com/applitools/eyes.sdk.javascript1/blob/0eec1b760d07489f62d95b9441d0ee5c560c24a1/packages/types/src/data.ts#L59)'s.\n```ts\n{\n  [key: string]: Region\n}\n```\n\n#### Eyes.extractTextRegions\nThis command has to be used to extract text regions from a page. It expects input with a related [EyesRef](#Reference-format), [OCRSearchSettings](https://github.com/applitools/eyes.sdk.javascript1/blob/0eec1b760d07489f62d95b9441d0ee5c560c24a1/packages/types/src/setting.ts#L85), and [EyesConfig](https://github.com/applitools/eyes.sdk.javascript1/blob/0eec1b760d07489f62d95b9441d0ee5c560c24a1/packages/types/src/config.ts#L25) in a format:\n```ts\n{\n  eyes: EyesRef,\n  settings: OCRSearchSettings,\n  config?: EyesConfig\n}\n```\n\nIn a case of success, the client will receive a response with an object where patterns, passed in [OCRSearchSettings](https://github.com/applitools/eyes.sdk.javascript1/blob/0eec1b760d07489f62d95b9441d0ee5c560c24a1/packages/types/src/setting.ts#L85), are correlated with arrays of [TextRegion](https://github.com/applitools/eyes.sdk.javascript1/blob/0eec1b760d07489f62d95b9441d0ee5c560c24a1/packages/types/src/data.ts#L61)'s.\n\n```ts\n{\n  [key: string]: TextRegion[]\n}\n```\n\n#### Eyes.extractText\nThis command has to be used to extract text regions from a page. It expects input with a related [EyesRef](#Reference-format), array of [OCRExtractSettings](https://github.com/applitools/eyes.sdk.javascript1/blob/0eec1b760d07489f62d95b9441d0ee5c560c24a1/packages/types/src/setting.ts#L78)'s, and [EyesConfig](https://github.com/applitools/eyes.sdk.javascript1/blob/0eec1b760d07489f62d95b9441d0ee5c560c24a1/packages/types/src/config.ts#L25) in a format:\n```ts\n{\n  eyes: EyesRef,\n  regions: OCRExtractSettings[],\n  config?: EyesConfig\n}\n```\n\nIn a case of success, the client will receive a response with arrays of strings.\n\n#### Eyes.close\nThis command has to be used in order to close eyes object and finish the test. It doesn't expect any input except a related [EyesRef](#Reference-format).\n```ts\n{\n  eyes: EyesRef\n}\n```\n\nIn a case of success, the client will receive a response with [TestResult](https://github.com/applitools/eyes.sdk.javascript1/blob/0eec1b760d07489f62d95b9441d0ee5c560c24a1/packages/types/src/data.ts#L205) object.\n\n> This command will never throw error due to test result status. This functionality should be implemented on client side.\n\n#### Eyes.abort\nThis command has to be used to abort eyes object. It doesn't expect any input except a related [EyesRef](#Reference-format).\n```ts\n{\n  eyes: EyesRef\n}\n```\n\nIn a case of success, the client will receive a response with [TestResult](https://github.com/applitools/eyes.sdk.javascript1/blob/0eec1b760d07489f62d95b9441d0ee5c560c24a1/packages/types/src/data.ts#L205) object.\n\n#### Core.getViewportSize\nThis command has to be used to get the current viewport size of the given driver. It expects input with [DriverRef](#Reference-format) in a format: \n```ts\n{\n  driver: DriverRef\n}\n```\n\nIn case of success, the client will receive a response with [Size](https://github.com/applitools/eyes.sdk.javascript1/blob/0eec1b760d07489f62d95b9441d0ee5c560c24a1/packages/types/src/data.ts#L54) object.\n\n> WD protocol doesn't have api to extract viewport size of the browser window, however Appium has this api as well as CDP. So even if it is doesn't make lots of sense to get this information through the server, better do it this way so server could know about this data.\n\n#### Core.setViewportSize\nThis command has to be used to set the current viewport size of the given driver which automates desktop browser window. If this command will be executed for driver which doesn't support viewport resizing error will be thrown. Also error will be thrown if it isn't possible to resize viewport to the required size. The command expects input with [DriverRef](#Reference-format) and [Size](https://github.com/applitools/eyes.sdk.javascript1/blob/0eec1b760d07489f62d95b9441d0ee5c560c24a1/packages/types/src/data.ts#L54) in a format:\n```ts\n{\n  driver: DriverRef,\n  size: Size\n}\n```\n\n#### Core.closeBatches\nThis command has to be used to close batches by their ids. It expects input of type [CloseBatchesSettings](https://github.com/applitools/eyes.sdk.javascript1/blob/0eec1b760d07489f62d95b9441d0ee5c560c24a1/packages/types/src/setting.ts#L97)\n\n#### Core.deleteTest\nThis command has to be used to close delete test results from the eyes dashboard.\n\n### Server-initiated commands\n*Server* has to send a request to the *Client* in order to perform automation using driver api. It will be done through the special interface (a.k.a. [SpecDriver](#SpecDriver)) which abstracts out any framework specifics. Requests which *Server* could possibly send to the client limited only with a set of the [SpecDriver](#SpecDriver) commands.\n\nSince [SpecDriver](#SpecDriver) has a various number of commands, where some of the commands contradict others, *Server* should know the exact set of commands which it could send to the *Client*, this information should be passed in [Session.init](#Session.init) event.\n\nEach [SpecDriver](#SpecDriver) command will be received as request with name `\"Driver.<commandName>\"`, for example to call [findElement](#findElement) command *Server* will send `\"Driver.findElement\"` request to the *Client*. Arguments of the [SpecDriver](#SpecDriver) command will be sent in payload, as an object where keys has the same names as arguments, for example to call [findElement](#findElement) command *Server* will send a payload with keys `driver` and `selector`. Result of the [SpecDriver](#SpecDriver) command has to be sent by the *Client* as a payload in the response message.\n\n## SpecDriver\nSpec driver is a simple set of functions where each function performs automation by calling framework (e.g. selenium) API. We need this interface between our code and an actual driver to abstract out framework api.\n\nDown below is a list with descriptions of every method that could be implemented in the spec driver, but the need for implementation depends on the framework.\n\n### Utility commands\n\n#### `isDriver`\nThis command accepts driver instance as an argument and should return `true` if this is a valid driver instance, otherwise `false`.\n\nReference: [TS Selenium](https://github.com/applitools/eyes.sdk.javascript1/blob/864f0ebfec04dd370631de1703817e098faa55b8/packages/eyes-selenium/src/spec-driver.ts#L32)\n\n#### `isElement`\nThis command accepts element as an argument and should return `true` if this is a valid element, otherwise `false`.\n\nReference: [TS Selenium](https://github.com/applitools/eyes.sdk.javascript1/blob/864f0ebfec04dd370631de1703817e098faa55b8/packages/eyes-selenium/src/spec-driver.ts#L36), [Ruby Selenium](https://github.com/applitools/eyes.sdk.javascript1/blob/24c660e3cc7504d0547901f67a467324c45b2f25/rb/eyes-selenium/lib/applitools/selenium/spec-driver.rb#L6)\n\n#### `isSelector`\nThis command accepts selector as an argument and should return `true` if this is a valid selector, otherwise `false`. Valid selectors should be one of three formats:\n\n1. The one supported by the framework (e.g. `By.css('html')` for selenium)\n2. JSON object with properties `type` with value `\"css\"` or `\"xpath\"` and `selector` with string value.\n3. Simple string, if the framework doesn't handle strings by itself, then the string should be treated as css selector.\n\nReference: [TS Selenium](https://github.com/applitools/eyes.sdk.javascript1/blob/864f0ebfec04dd370631de1703817e098faa55b8/packages/eyes-selenium/src/spec-driver.ts#L38)\n\n#### `transformDriver`\nThis command is used only once for the driver in order to do some modifications or even replacements in a given driver instance. It might be helpful when some additional configuration is required before start working with the driver. If this method implemented whenever will be returned from it will be used instead of the driver.\n\nReference: [TS Selenium](https://github.com/applitools/eyes.sdk.javascript1/blob/864f0ebfec04dd370631de1703817e098faa55b8/packages/eyes-selenium/src/spec-driver.ts#L47)\n\n#### `transformElement`\nThis command is used to transform elements before using them (e.g. as `executeScript` argument). It accepts a value that has to be treated as an element, but the framework itself can't handle this value on its own. Some frameworks might support more than one element format, and these formats might be not equal in terms of usage.\n\n> How to understand to which format you should transform? The correct way to understand which format is superior on others you should check which one works the best in those commands [executeScript](###executeScript) and [childContext](###childContext).\n\nReference: [TS WDIO](https://github.com/applitools/eyes.sdk.javascript1/blob/864f0ebfec04dd370631de1703817e098faa55b8/packages/eyes-webdriverio-5/src/spec-driver.ts#L100)\n\n#### `extractSelector`\nThis command is used to extract a selector from an element object. Not all frameworks keep information about the selector which was used to find an element, but if does it will help to handle some edge cases with stale element errors.\n\nReference: [TS WDIO](https://github.com/applitools/eyes.sdk.javascript1/blob/864f0ebfec04dd370631de1703817e098faa55b8/packages/eyes-webdriverio-5/src/spec-driver.ts#L104)\n\n#### `isStaleElementError`\nThis command is used to understand if an error is a stale element error, it accepts an error object and should return `true` if the error is thrown because of element reference was stale.\n\nReference: [TS Selenium](https://github.com/applitools/eyes.sdk.javascript1/blob/864f0ebfec04dd370631de1703817e098faa55b8/packages/eyes-selenium/src/spec-driver.ts#L55)\n\n#### `isEqualElements`\nThis command is used to understand if two element objects are references to the same element on a web page (or in a native app), should return `true` if elements are the same.\n\n> **`WD!`** Elements could be compared by their IDs, since by the protocol specification element ID should be unique across all of the frames and the same for the same element, however not all WD implementation keep that rule (e.g. iOS Safari). In this case, elements could be compared in a browser by executing a script with those elements which will compare them, if a stale element error will be thrown, elements are obviously not equivalent.\n\nReference: [TS WDIO](https://github.com/applitools/eyes.sdk.javascript1/blob/eyes-api/packages/eyes-webdriverio-5/src/spec-driver.ts#L112)\n\n### Core commands\nEach command in this section accepts driver/context as a first argument.\n\n#### `mainContext`\nThis command is used to get access to the main/top-level frame from the current/given frame.\n\n> **`WD!`** This command has to change driver's current frame to the topmost frame, and not necessarily return driver.\n\n> **`CDP!`** This command has to return the topmost (the one which doesn't have a parent) frame in a hierarchy from the given frame.\n\nReferences: [TS Selenium](https://github.com/applitools/eyes.sdk.javascript1/blob/864f0ebfec04dd370631de1703817e098faa55b8/packages/eyes-selenium/src/spec-driver.ts#L78), [TS Playwright](https://github.com/applitools/eyes.sdk.javascript1/blob/864f0ebfec04dd370631de1703817e098faa55b8/packages/eyes-playwright/src/spec-driver.ts#L67), [Ruby Selenium](https://github.com/applitools/eyes.sdk.javascript1/blob/24c660e3cc7504d0547901f67a467324c45b2f25/rb/eyes-selenium/lib/applitools/selenium/spec-driver.rb#L21)\n\n#### `parentContext`\nThis command is used to get access to the parent frame of the current/given frame.\n\n> **`WD!`** This command has to change driver's current frame to the parent frame of the current frame, and not necessarily return driver. Legacy implementations of some frameworks (e.g. selenium 3, wdio 4) don't have a dedicated api for this functionality, in this case, the only way to perform the action is by sending a request to the endpoint by yourself ([WD Spec](https://www.w3.org/TR/webdriver/#switch-to-parent-frame)).\n\n> **`CDP!`** This command have to return the parent frame (previous in a hierarchy) of the given frame.\n\nReferences: [TS Selenium](https://github.com/applitools/eyes.sdk.javascript1/blob/864f0ebfec04dd370631de1703817e098faa55b8/packages/eyes-selenium/src/spec-driver.ts#L82), [TS Playwright](https://github.com/applitools/eyes.sdk.javascript1/blob/864f0ebfec04dd370631de1703817e098faa55b8/packages/eyes-playwright/src/spec-driver.ts#L75), [Ruby Selenium](https://github.com/applitools/eyes.sdk.javascript1/blob/24c660e3cc7504d0547901f67a467324c45b2f25/rb/eyes-selenium/lib/applitools/selenium/spec-driver.rb#L25)\n\n#### `childContext`\nThis command is used to get access to the child frame of the current/given frame by **element** which refer to the target iframe.\n\n> **`WD!`** This command has to change driver's current frame to the child frame using given element, and not necessarily return driver.\n\n> **`CDP!`** This command has to return the content frame of the given element, parent frame is still provided in arguments, but the protocol doesn't require to use of it.\n\nReferences: [TS Selenium](https://github.com/applitools/eyes.sdk.javascript1/blob/864f0ebfec04dd370631de1703817e098faa55b8/packages/eyes-selenium/src/spec-driver.ts#L91), [TS Playwright](https://github.com/applitools/eyes.sdk.javascript1/blob/864f0ebfec04dd370631de1703817e098faa55b8/packages/eyes-playwright/src/spec-driver.ts#L79), [Ruby Selenium](https://github.com/applitools/eyes.sdk.javascript1/blob/24c660e3cc7504d0547901f67a467324c45b2f25/rb/eyes-selenium/lib/applitools/selenium/spec-driver.rb#L29)\n\n#### `executeScript`\nThis command executes a given script of type string with given arguments in a given context.\n\n> **`CDP!`** The protocol is not able to execute scripts that are not function declaration, this means that just function body or JS expression are not valid scripts, for example `return document. title`, has to be transformed to `function(){ return document.title }`.\n\nReferences: [TS Selenium](https://github.com/applitools/eyes.sdk.javascript1/blob/864f0ebfec04dd370631de1703817e098faa55b8/packages/eyes-selenium/src/spec-driver.ts#L71), [TS Playwright](https://github.com/applitools/eyes.sdk.javascript1/blob/864f0ebfec04dd370631de1703817e098faa55b8/packages/eyes-playwright/src/spec-driver.ts#L62), [Ruby Selenium](https://github.com/applitools/eyes.sdk.javascript1/blob/24c660e3cc7504d0547901f67a467324c45b2f25/rb/eyes-selenium/lib/applitools/selenium/spec-driver.rb#L14)\n\n#### `findElement`\nThis command finds element by a given selector in a given context. If an element doesn't exist, `null` should be returned (**do not throw**). See [isSelector](###isSelector) command for selector formats.\n\nReference: [TS Selenium](https://github.com/applitools/eyes.sdk.javascript1/blob/864f0ebfec04dd370631de1703817e098faa55b8/packages/eyes-selenium/src/spec-driver.ts#L95), [Ruby Selenium](https://github.com/applitools/eyes.sdk.javascript1/blob/24c660e3cc7504d0547901f67a467324c45b2f25/rb/eyes-selenium/lib/applitools/selenium/spec-driver.rb#L33)\n\n#### `findElements`\nThis command finds multiple elements by a given selector in a given context. If no elements don't exist, an empty array (`[]`) should be returned. See [isSelector](###isSelector) command for selector formats.\n\nReference: [TS Selenium](https://github.com/applitools/eyes.sdk.javascript1/blob/864f0ebfec04dd370631de1703817e098faa55b8/packages/eyes-selenium/src/spec-driver.ts#L103), [Ruby Selenium](https://github.com/applitools/eyes.sdk.javascript1/blob/24c660e3cc7504d0547901f67a467324c45b2f25/rb/eyes-selenium/lib/applitools/selenium/spec-driver.rb#L37)\n\n#### `getDriverInfo`\nThis command is used to extract information about the driver and environment in the very beginning. Keep in mind that not all of the properties are required.\n\nHere is a schema of the JSON object this method should return.\n```ts\n{\n  sessionId?: string, // aut session id\n  isMobile?: boolean, // true if the environment is a mobile device (e.g. os is android or ios), this doesn't necessarily mean a native app is tested\n  isNative?: boolean, // true if the environment is a native app (so no browser)\n  deviceName?: string, // device name\n  platformName?: string, // os name\n  platformVersion?: string, // os version\n  browserName?: string, // browser name\n  browserVersion?: string, //browser version\n}\n```\n\n> In fact if your framework doesn't support native apps automation the whole method could be skipped, in this case, data will be extracted from a user agent, but better implement it, if possible. All of the information is contained in the capabilities of the driver. In the future, we might want to provide more information here.\n\nReference: [TS Selenium](https://github.com/applitools/eyes.sdk.javascript1/blob/864f0ebfec04dd370631de1703817e098faa55b8/packages/eyes-selenium/src/spec-driver.ts#L155)\n\n#### `getOrientation`\nThis command is not required if the framework doesn't support native apps automation. This command should return `\"landscape\"` or `\"portrait\"` strings in **lowercase** depends on device orientation.\n\n> If the framework supports device rotation in runtime, then orientation should also be extracted in runtime and not from capabilities. ([Appium spec](https://appium.io/docs/en/commands/session/orientation/get-orientation/))\n\nReference: [TS WDIO](https://github.com/applitools/eyes.sdk.javascript1/blob/864f0ebfec04dd370631de1703817e098faa55b8/packages/eyes-webdriverio-5/src/spec-driver.ts#L220)\n\n#### `getTitle`\nThis command should return the title of the page.\n\nReference: [TS Selenium](https://github.com/applitools/eyes.sdk.javascript1/blob/864f0ebfec04dd370631de1703817e098faa55b8/packages/eyes-selenium/src/spec-driver.ts#L179), [Ruby Selenium](https://github.com/applitools/eyes.sdk.javascript1/blob/24c660e3cc7504d0547901f67a467324c45b2f25/rb/eyes-selenium/lib/applitools/selenium/spec-driver.rb#L54)\n\n#### `getUrl`\nThis command should return the current url of the page.\n\nReference: [TS Selenium](https://github.com/applitools/eyes.sdk.javascript1/blob/864f0ebfec04dd370631de1703817e098faa55b8/packages/eyes-selenium/src/spec-driver.ts#L182), [Ruby Selenium](https://github.com/applitools/eyes.sdk.javascript1/blob/24c660e3cc7504d0547901f67a467324c45b2f25/rb/eyes-selenium/lib/applitools/selenium/spec-driver.rb#L58)\n\n#### `takeScreenshot`\nThis command should use the default framework api to take a screenshot of the viewport (**without any stabilization**). The result should be returned as base64 encoded string.\n\nReference: [TS Selenium](https://github.com/applitools/eyes.sdk.javascript1/blob/864f0ebfec04dd370631de1703817e098faa55b8/packages/eyes-selenium/src/spec-driver.ts#L188), [Ruby Selenium](https://github.com/applitools/eyes.sdk.javascript1/blob/24c660e3cc7504d0547901f67a467324c45b2f25/rb/eyes-selenium/lib/applitools/selenium/spec-driver.rb#L74)\n\n#### `getElementRect`\nThis command is used to get metrics of the **native** element only. This command will not be used for the web, since a more complex algorithm is required. The result should be returned as a JSON object with properties `x`, `y`, `width` and `height`, values should remain fractional, no rounding is required.\n\nReference: [TS Selenium](https://github.com/applitools/eyes.sdk.javascript1/blob/864f0ebfec04dd370631de1703817e098faa55b8/packages/eyes-selenium/src/spec-driver.ts#L106)\n\n#### `setWindowSize`\nThis command should set window size from a given JSON object with properties `width` and `height`. The command have to also set window position to (0,0) in order to archive the maximum possible window size to be set.\nThis command should not be implemented if [setViewportSize](###setViewportSize) is already implemented.\n\n> **`WD!`** Legacy implementations of selenium don't allow to set size and position with a single method, in this case, they should be set separately.\n\n> **`CDP!`** Protocol doesn't support window manipulations, but instead alow viewport manipulations, have a look at [setViewportSize](###setViewportSize).\n\nReference: [TS Selenium](https://github.com/applitools/eyes.sdk.javascript1/blob/77fa7c7083d0c673acee3b203b1d0b1a7e972575/packages/eyes-selenium/src/spec-driver.ts#L123), [Ruby Selenium](https://github.com/applitools/eyes.sdk.javascript1/blob/24c660e3cc7504d0547901f67a467324c45b2f25/rb/eyes-selenium/lib/applitools/selenium/spec-driver.rb#L45)\n\n#### `getWindowSize`\nThis command should return the size of the window in the format of the JSON object with properties `width`, and `height`.\nThe command **have** to be implemented if [setWindowSize](###setWindowSize) was implemented, and could be skipped if [setViewportSize](###setViewportSize) was implemented.\n\n> **`WD!`** Modern implementations of selenium don't have an api to get window size, but api to get window rect could be used instead.\n\n> **`APPIUM!`** Legacy versions of appium servers could not treat well command to get window rect, in this case command to get window size should be sent.\n\n> **`CDP!`** Protocol doesn't support window manipulations, but instead alow viewport manipulations, have a look at [getViewportSize](###getViewportSize).\n\n\nReference: [TS Selenium](https://github.com/applitools/eyes.sdk.javascript1/blob/864f0ebfec04dd370631de1703817e098faa55b8/packages/eyes-selenium/src/spec-driver.ts#L112), [Ruby Selenium](https://github.com/applitools/eyes.sdk.javascript1/blob/24c660e3cc7504d0547901f67a467324c45b2f25/rb/eyes-selenium/lib/applitools/selenium/spec-driver.rb#L41)\n\n#### `setViewportSize`\nThis command should set viewport size from given JSON object with properties `width` and `height`.\n\n> **`WD!`** Protocol doesn't allow to manipulate viewport directly. Implement [setWindowSize](###setWindowSize) and [getWindowSize](###getWindowSize) instead.\n\nReference: [TS Playwright](https://github.com/applitools/eyes.sdk.javascript1/blob/864f0ebfec04dd370631de1703817e098faa55b8/packages/eyes-playwright/src/spec-driver.ts#L98)\n\n#### `getViewportSize`\nThis command should return the size of the viewport in the format of the JSON object with the properties `width` and `height`. This command does not necessarily have to be implemented, since viewport size could be extracted from the browser, but if it is possibly better to have it implemented since the framework could already have this information.\n\n> **`WD!`** Protocol doesn't allow to manipulate viewport directly. Implement [setWindowSize](###setWindowSize) and [getWindowSize](###getWindowSize) instead.\n\nReference: [TS Playwright](https://github.com/applitools/eyes.sdk.javascript1/blob/864f0ebfec04dd370631de1703817e098faa55b8/packages/eyes-playwright/src/spec-driver.ts#L95)\n\n## Refer\nThe most important objects that sdk has to operate with are non-serializable (e.g. driver object, eyes instantiation) and could not be sent through the WebSocket protocol. It requires to implementation of a generic way for non-serializable object representation. Down below will be described a way that have to be used to create references on both client and server sides.\n\nReference implementation: [JS implementation](https://github.com/applitools/eyes.sdk.javascript1/blob/1a54c6b3f28b25b41a708f5b600ceabbf8fc9db6/packages/eyes-universal/src/refer.js), [Ruby implementation](https://github.com/applitools/eyes.sdk.javascript1/blob/poc/universal-ruby-sdk/rb/eyes-selenium/lib/applitools/refer.rb)\n\n### Refer storage\nRefer should have a key-value storage with each object reference was crated for. Keys in the storage are guids were used in the reference object. Objects should be removed from the storage, once they will not be in use anymore. The storage should support relations between different references, means that presence of some references should depend on presence of others (e.g. it doesn't make sense to keep elements in storage when driver was already destroyed.\n\n### Reference format\nEach ref is a JSON object with only one property `applitools-ref-id` with a guid string value.\n\n```ts\n{\n  'applitools-ref-id': string\n}\n```\n\nHow ever ref interface could be extended in some cases to provide more data about the object it referring to, for example it makes sense to add information about the selector to the element references, it will allow to avoid back and forth communication with the server in some rare cases.\n\n### Reference usage\nOn the client-side received from the server references (from commands [Core.makeManager](#Core.makeManager) and [EyesManager.openEyes](#EyesManager.openEyes)) could be used only to perform other server-side actions related to the object these references referring to. However, references which client sends to the server inevitably will be received back in one of the [Server-initiated commands](#Server-initiated-commands), in this case client should dereference received reference an perform required operation with actual object.\n\n## API\nThe API layer is the biggest part of the client implementation which should abstract the way end-user will use an sdk from the internal implementation. The main functional purpose of this layer should be to collect all of the configuration and inputs from a user and send them when actual action should be done. The biggest benefit of this architecture is that API (the biggest and the most chaotic part of the sdk) shouldn't be re-implemented again and again for each new framework.\n\nReference implementation: [TS Eyes API](https://github.com/applitools/eyes.sdk.javascript1/tree/eyes-api/packages/eyes-api)\n","engines":{"node":">=14.15.0"},"scripts":{"deps":"bongo deps","lint":"eslint '**/*.ts'","test":"yarn test:it && yarn test:e2e","build":"yarn build:dist && yarn build:bin","test:it":"echo 'mocha ./test/it/*.spec.js --no-timeouts'","version":"yarn build && bongo version","test:e2e":"mocha ./test/e2e/*.spec.ts --exit --no-timeouts -r ts-node/register","build:bin":"pkg ./dist/cli.js --out-path ./bin --compress GZip --targets node14-linux-x64,node14-macos-x64,node14-win-x64 && mv ./bin/cli-macos ./bin/eyes-universal-macos && mv ./bin/cli-linux ./bin/eyes-universal-linux && mv ./bin/cli-win.exe ./bin/eyes-universal-win.exe","build:tgz":"tar -czf ./bin/eyes-universal.tar.gz -C ./bin ./eyes-universal-linux ./eyes-universal-macos ./eyes-universal-win.exe","build:zip":"zip -j ./bin/eyes-universal.zip ./bin/eyes-universal-linux ./bin/eyes-universal-macos ./bin/eyes-universal-win.exe","test:unit":"mocha ./test/unit/*.spec.ts --exit --no-timeouts -r ts-node/register","build:dist":"tsc","gh:publish":"gh workflow run publish-universal.yml --ref $(git rev-parse --abbrev-ref HEAD)","preversion":"bongo preversion && yarn build && yarn build:zip && yarn build:tgz","postversion":"bongo postversion"},"_npmUser":{"name":"amitzur-applitools","email":"amit.zur@applitools.com"},"repository":{"url":"git@github.com:applitools/eyes.sdk.javascript1.git","type":"git","directory":"packages/eyes-universal"},"description":"Applitools Eyes Universal SDK","directories":{},"licenseText":"-  -\nSDK LICENSE AGREEMENT\nIMPORTANT - PLEASE READ CAREFULLY THE TERMS OF THIS LICENSE AGREEMENT (“AGREEMENT”). BY INSTALLING, ACCESSING AND/OR USING THE SOFTWARE (AS DEFINED BELOW), YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOU, OR THE COMPANY YOU REPRESENT, (“YOU” OR “LICENSEE”) ARE ENTERING INTO A LEGAL AGREEMENT WITH APPLITOOLS LTD. AND ITS AFFILIATES (“APPLITOOLS”), AND HAVE UNDERSTOOD AND AGREE TO COMPLY WITH, AND BE LEGALLY BOUND BY, THE TERMS AND CONDITIONS OF THIS AGREEMENT. YOU HEREBY WAIVE ANY RIGHTS OR REQUIREMENTS UNDER ANY LAWS OR REGULATIONS IN ANY JURISDICTION WHICH REQUIRE AN ORIGINAL (NON-ELECTRONIC) SIGNATURE OR DELIVERY OR RETENTION OF NON-ELECTRONIC RECORDS, TO THE EXTENT PERMITTED UNDER APPLICABLE LAW. \nTHE SOFTWARE MAY BE USED SOLELY FOR YOUR PERSONAL, NON-COMMERCIAL PURPOSES. FOR COMMERCIAL PURPOSES PLEASE CONTACT THE REGIONAL APPLITOOLS BUSINESS REPRESENTATIVE. \n1. Definitions. For purposes of this Agreement, the following capitalized terms shall have the following meaning:\n   1. “Documentation” means the user’s guides and technical manuals delivered by Applitools to Licensee.\n   2.  “Feedback” means suggestions, comments or feedback (whether orally or in writing) with respect to the Software.\n   3. “Intellectual Property Rights” means all intangible legal rights, titles and interests evidenced by or embodied in all: (i) inventions (regardless of patentability and whether or not reduced to practice), improvements thereto, patents, patent applications, patent disclosures, together with all reissuances, continuations, continuations in part, revisions, extensions and reexaminations thereof; (ii) trademarks, service marks, trade dress, logos, trade names, corporate names, together with translations, adaptations, derivations and combinations thereof, including goodwill associated therewith, and applications, registrations, and renewals in connection therewith; (iii) any work of authorship, regardless of copyrightable, copyrightable works, copyrights (including moral rights), and applications, registrations and renewals in connection therewith; (iv) mask works and applications, registrations and renewals in connection therewith; (v) trade secrets and Confidential Information; and (vi) other proprietary rights and any other similar rights, in each case on a worldwide basis, and copies and tangible embodiments thereof, in whatever form or medium.\n   4. “License” means the right to use the Software pursuant to Section ‎2.1 to this Agreement.\n   5.  “Software” means Applitools’ software development kit software in object or source code version, Documentation and any updates and upgrade thereto (to the extent delivered).\n1. License\n   1. Grant of License. Subject to the terms and conditions of this Agreement, Applitools grants You, during the Term, a personal, non-exclusive, non-sublicensable, non-transferable, revocable license to: (i) use the Software solely for Your own personal (non-commercial) use and (ii) use and display Applitools’ Marks solely for the purpose of publicizing or advertising that You are using the Software. \n   2. Documentation. Applitools may make available Documentation to Licensee for Licensee to use solely in connection with Licensee’s use of the Software during the term of this Agreement. Licensee may print or copy the Documentation as needed for its own purposes provided that all copyright notices are included therein. The Documentation shall be considered the Confidential Information of Applitools. \n   1. Reservation of Rights; Use Restrictions. Other than the rights explicitly granted in this Agreement, Licensee shall have no other rights, express or implied, in the Software. Without limiting the generality of the foregoing, Licensee agrees and undertakes not to: (i) allow any third party to use the Software in any manner, including but not limited to, sell, lease, sublicense or distribute the Software, or any part thereof; (ii) modify, revise, or alter the Software or reverse engineer, decompile, disassemble or otherwise reduce to human-perceivable form the Software’s source code; (iii) copy or allow copies of the Software to be made; (iv) remove, alter or obscure any proprietary notice or identification, including copyright, trademark, patent or other notices, contained in or displayed on or via the Software; (v) use the Software to violate any applicable laws, rules or regulations, or for any unlawful, harmful, irresponsible, or inappropriate purpose, or in any manner that breaches this Agreement, and/or (vi) represent that it possesses any proprietary interest in the Software.\n   1. Third Party Software. Licensee acknowledges and agrees that any third party software (“Third Party Software”) that provided with the Software is provided under the terms of the license attached/linked thereto or, if no such license is attached, such Third Party Software is provided for free and on “AS IS” basis. Applitools is not liable for any losses or damages which may occur resulting from the use of any Third Party Software. Applitools does not possess any proprietary interest in such Third Party Software. \n   1. Open Source Licenses. The Software includes certain open source code software and materials (as shall be listed in the documentation of the Software) (“Open Source Software”) that are subject to their respective open source licenses (“Open Source Licenses”). Such Open Source Licenses contain a list of conditions with respect to warranty, copyright policy and other provisions. By executing this Agreement, Licensee undertakes to strictly comply with the terms and condition of the Open Source Licenses, as may be amended from time to time. In order to comply with the Open Source Licenses, Licensee shall read the respective licenses or notices, such list of Open Source Licenses may be amended from time to time by Applitools, at its sole discretion. In the event of any inconsistencies or conflicting provisions between the provisions of the Open Source Licenses and the provisions of this Agreement, the provisions of the Open Source Licenses shall prevail. Without derogating from the generality of the foregoing, it is clarified that any Open Source Software is provided on an “AS IS” basis, without indemnity or warranty of any kind, whether express or implied. For clarity, the representations and warranties set forth in Section ‎4 hereunder shall not apply to any Open Source Software.\n1. Title & Ownership. APPLITOOLS DOES NOT SELL OR TRANSFER TITLE IN THE SOFTWARE, OR ANY PART THEREOF, TO LICENSEE. The Documentation, Software (excluding any Open Source Software and Third Party Software therein which are owned by their respective licensors) and/or any copies thereof, including without limitation any derivative works made (regardless of whether such derivative works were made and/or developed pursuant to the request and/or specifications of Licensee, and irrespective of any support and/or assistance Applitools may, will or had received from Licensee, or any third party on its behalf, with respect thereto), as well as any updates or upgrades thereto, if provided to Applitools pursuant to this Agreement, shall remain Applitools’ sole and exclusive property. All Intellectual Property Rights evidenced by or embodied in and/or attached/connected/related to the Software, or part thereof, are and shall be owned solely and exclusively by Applitools. Nothing in this Agreement shall constitute a waiver of Applitools’ Intellectual Property Rights under any law, or be in any way construed or interpreted as such. It is further agreed that to the extent Licensee provides Applitools with Feedback, Licensee acknowledges that any and all rights, including Intellectual Property Rights in such Feedback shall belong exclusively to Applitools and Licensee hereby irrevocably and unconditionally transfers and assigns to Applitools all intellectual property rights in such Feedback and waives any and all moral rights that Licensee may have in respect thereto. It is further understood that use of Feedback, if any, may be made by Applitools at its sole discretion, and that Applitools in no way shall be obliged to make use of any kind of the Feedback or part thereof. \n1. Warranty. Applitools warrants that to its knowledge it has the right to grant the license under this Agreement. Applitools’ sole liability for any breach of this warranty or any other warranty under this Agreement shall be, at Applitools’ sole discretion: (i) to replace or repair the Software or the applicable portion thereof; or (ii) to terminate this Agreement.\n2. Warranty Exclusions. The warranties set forth in Section ‎4 are contingent upon Licensee’s proper use of the Software, and shall not apply to damage caused by abuse, misuse, alteration, neglect or unauthorized repair or installation, or by the use or attempted use of Software other than that supplied and supported by Applitools. Applitools will use reasonable commercial efforts to repair or replace the Software or the applicable portion thereof, pursuant to the foregoing warranty within thirty (30) days of being so notified.\n1. Warranty Disclaimers. AS BETWEEN LICENSEE AND APPLITOOLS, EXCEPT AS SET IN SECTION ‎4, THE SOFTWARE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND INCLUDING, WITHOUT LIMITATION, REPRESENTATIONS, WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR INTENDED OR PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, THAT THE SOFTWARE WILL MEET LICENSEE’S REQUIREMENTS OR EXPECTATIONS OR WILL ACHIEVE ANY SPECIFIC RESULTS AND THOSE ARISING BY STATUTE OR FROM A COURSE OF DEALING OR USAGE OF TRADE. Applicable law may not allow the exclusion of certain warranties, so to that extent such exclusions may not apply.\n1. High Risk Activities. You acknowledge that the Software is not fault tolerant and is not designed, manufactured, or intended for use or resale as on-line control equipment in hazardous or high risk environments and activities requiring fail-safe performance (such as in the operation of nuclear facilities, aircraft navigation or communication systems, air traffic control, direct life support machines and/or devices, or weapons systems) in which the failure of the Software could lead directly to death, personal injury, or severe physical or environmental damage, and You agree not to use or allow the use of the Software or any portion thereof for, or in connection with, any such environment or activity.\n1. Indemnify. You agree that Applitools shall have no liability whatsoever for any use made of the Software by You or any third party. You hereby agree to defend, indemnify and hold harmless Applitools and its affiliates and their respective officers, directors, agents and employees from any and all claims, damages, liabilities, costs, and expenses (including attorney’s fees) arising from claims related to Your use of the Software as well as from Your failure to comply with this Agreement.\n1. Limitation of Liability. UNDER NO CIRCUMSTANCES SHALL APPLITOOLS AND/OR ITS AFFILIATES BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, OR FOR ANY LOSS OF DATA, REVENUE, BUSINESS OR REPUTATION, THAT ARISES UNDER OR IN CONNECTION WITH THIS AGREEMENT, OR THAT RESULTS FROM THE USE OF, OR THE INABILITY TO USE, THE SOFTWARE. APPLITOOLS’S TOTAL AGGREGATE LIABILITY FOR ANY AND ALL DIRECT DAMAGES AND LOSSES THAT ARISE UNDER OR IN CONNECTION WITH THIS AGREEMENT SHALL NOT IN ANY CIRCUMSTANCE EXCEED THE AMOUNT OF 100.00 (ONE HUNDRED) UNITED STATES DOLLARS. THE FOREGOING LIMITATIONS AND EXCLUSIONS IN THIS SECTION ‎7 SHALL APPLY: (I) EVEN IF APPLITOOLS HAS BEEN ADVISED OF THE POSSIBILITY OF ANY DAMAGES OR LOSSES; (II) EVEN IF ANY REMEDY SET FORTH HEREIN FAILS OF ITS ESSENTIAL PURPOSE; AND (III) REGARDLESS OF THE BASIS OR THEORY OF LIABILITY.\n1. Export Laws. Licensee agrees to comply fully with all U.S., EU, Israeli, and all applicable export laws and regulations to ensure that neither the Software nor any technical data related thereto are exported or re-exported directly or indirectly in violation of, or used for any purposes prohibited by, such laws and regulations. For clarity, and without derogating from Section ‎11 below, in case of any change of any applicable law, policy or regulation, which might affect Applitools’ business, Applitools will have the right to terminate this Agreement and the license granted hereunder and the Licensee shall have no claims regarding such termination. \n1. Term and Termination. This Agreement shall continue until terminated as set forth in this section (the “Term”). You may terminate this Agreement at any time by removing the Software from Your system and destroying all copies of the Software and Documentation relating to the Software. Unauthorized copying of the Software or otherwise failing to comply with this Agreement will result in automatic immediate termination of this Agreement and will make available to Applitools legal remedies. Applitools reserves the right to terminate this Agreement and the License at any time and without notice. Upon termination of this Agreement, the License will terminate and You: (i) will cease any and all rights to use the Software, and (ii) will remove the Software from all hard drives, networks and other storage media and destroy all copies of the Software in your possession or under your control. The provisions of Sections ‎2.3, ‎2.4, ‎2.5, ‎6, ‎7, ‎8, ‎9, 10, ‎11 and ‎12 shall survive the termination, expiration or other ending of this Agreement.\n1. Miscellaneous. This Agreement represents the complete agreement concerning the Software between You and Applitools and supersedes all prior agreements and representations between You and Applitools. If any provision of this Agreement is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable. Any waiver of any provision of this Agreement will be effective only if in writing and signed by Applitools. This Agreement is personal to You and may not be assigned or transferred for any reason whatsoever without the consent of Applitools and any action or conduct in violation of the foregoing shall be void and without effect. Applitools expressly reserves the right to assign this Agreement and to delegate any of its obligations hereunder. This Agreement are governed by and construed under the laws of the State of Israel, excluding its conflicts of law rules. You expressly agree that the exclusive jurisdiction for any claim or action arising out of or relating to this Agreement shall be the courts located in Tel Aviv, Israel, and You further agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action. In any action or proceeding to enforce rights under this Agreement, the prevailing party shall be entitled to recover costs and attorneys’ 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LICENSE","_id":"@applitools/eyes-universal@2.0.0","maintainers":[{"name":"david.haeffner","email":"david.haeffner@applitools.com"},{"name":"chaimaharonson","email":"chaim.aharonson@applitools.com"},{"name":"roy.sela","email":"roy.sela@applitools.com"},{"name":"ronikar_applitools","email":"roni.karilkar@applitools.com"},{"name":"anton-chuev","email":"anton.chuev@applitools.com"},{"name":"danielputerman","email":"daniel.puterman@applitools.com"},{"name":"amitzur","email":"sendwithchibo@gmail.com"},{"name":"ramapplitools","email":"ram.nathaniel@applitools.com"},{"name":"applitools-admin","email":"team@applitools.com"},{"name":"applitools-readonly","email":"gil.tayar@applitools.com"},{"name":"iasisapp","email":"itamar.asis@applitools.com"},{"name":"yotammadem","email":"yotammadem@gmail.com"},{"name":"liranbarokas","email":"liranbarokas@gmail.com"},{"name":"itayy.applitools","email":"Itay.yelin@applitools.com"},{"name":"denis.styrt","email":"denis.styrt@applitools.com"},{"name":"kyrylo.onufriiev","email":"kyrylo.onufriiev@applitools.com"},{"name":"amitzur-applitools","email":"amit.zur@applitools.com"},{"name":"yardenw.applitools","email":"yarden.wieder@applitools.com"},{"name":"ormeda","email":"ormeird@gmail.com"},{"name":"vgprod","email":"vgteam@applitools.com"},{"name":"adam.carmi","email":"adam.carmi@applitools.com"},{"name":"danoam","email":"noam.davidovitz@applitools.com"},{"name":"clementbarry","email":"klemobari@gmail.com"},{"name":"sophieta","email":"sophie.tagar@applitools.com"}],"homepage":"https://applitools.com/","bugs":{"url":"https://github.com/applitools/eyes.sdk.javascript1/issues"},"bin":{"eyes-universal":"dist/cli.js"},"dist":{"shasum":"10100d45c0534fc065dd436081490e1e65428f3f","tarball":"https://registry.npmjs.org/@applitools/eyes-universal/-/eyes-universal-2.0.0.tgz","fileCount":20,"integrity":"sha512-oNtTVoaXgtTpjUR1hk5OpeIjJtnDW+CXWoPVRvgPyAIGChztX4VOEf3NVD1Y3gqqvxPgAjg0+Znwg5IdqvGpZQ==","signatures":[{"sig":"MEUCIG+Uoxp1A7BMBUK4MIEBOVezeG3QIUeJCIse6bQnJy6GAiEAqXfzbTF7imZQ6Y55wMYUB/D/+I03WGTi8jlD3zHBAxo=","keyid":"SHA256:jl3bwswu80PjjokCgh0o2w5c2U4LhQAE57gj9cz1kzA"}],"unpackedSize":109627,"npm-signature":"-----BEGIN 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BY INSTALLING, ACCESSING AND/OR USING THE SOFTWARE (AS DEFINED BELOW), YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOU, OR THE COMPANY YOU REPRESENT, (“YOU” OR “LICENSEE”) ARE ENTERING INTO A LEGAL AGREEMENT WITH APPLITOOLS LTD. AND ITS AFFILIATES (“APPLITOOLS”), AND HAVE UNDERSTOOD AND AGREE TO COMPLY WITH, AND BE LEGALLY BOUND BY, THE TERMS AND CONDITIONS OF THIS AGREEMENT. YOU HEREBY WAIVE ANY RIGHTS OR REQUIREMENTS UNDER ANY LAWS OR REGULATIONS IN ANY JURISDICTION WHICH REQUIRE AN ORIGINAL (NON-ELECTRONIC) SIGNATURE OR DELIVERY OR RETENTION OF NON-ELECTRONIC RECORDS, TO THE EXTENT PERMITTED UNDER APPLICABLE LAW. \nTHE SOFTWARE MAY BE USED SOLELY FOR YOUR PERSONAL, NON-COMMERCIAL PURPOSES. FOR COMMERCIAL PURPOSES PLEASE CONTACT THE REGIONAL APPLITOOLS BUSINESS REPRESENTATIVE. \n1. Definitions. For purposes of this Agreement, the following capitalized terms shall have the following meaning:\n   1. “Documentation” means the user’s guides and technical manuals delivered by Applitools to Licensee.\n   2.  “Feedback” means suggestions, comments or feedback (whether orally or in writing) with respect to the Software.\n   3. “Intellectual Property Rights” means all intangible legal rights, titles and interests evidenced by or embodied in all: (i) inventions (regardless of patentability and whether or not reduced to practice), improvements thereto, patents, patent applications, patent disclosures, together with all reissuances, continuations, continuations in part, revisions, extensions and reexaminations thereof; (ii) trademarks, service marks, trade dress, logos, trade names, corporate names, together with translations, adaptations, derivations and combinations thereof, including goodwill associated therewith, and applications, registrations, and renewals in connection therewith; (iii) any work of authorship, regardless of copyrightable, copyrightable works, copyrights (including moral rights), and applications, registrations and renewals in connection therewith; (iv) mask works and applications, registrations and renewals in connection therewith; (v) trade secrets and Confidential Information; and (vi) other proprietary rights and any other similar rights, in each case on a worldwide basis, and copies and tangible embodiments thereof, in whatever form or medium.\n   4. “License” means the right to use the Software pursuant to Section ‎2.1 to this Agreement.\n   5.  “Software” means Applitools’ software development kit software in object or source code version, Documentation and any updates and upgrade thereto (to the extent delivered).\n1. License\n   1. Grant of License. Subject to the terms and conditions of this Agreement, Applitools grants You, during the Term, a personal, non-exclusive, non-sublicensable, non-transferable, revocable license to: (i) use the Software solely for Your own personal (non-commercial) use and (ii) use and display Applitools’ Marks solely for the purpose of publicizing or advertising that You are using the Software. \n   2. Documentation. Applitools may make available Documentation to Licensee for Licensee to use solely in connection with Licensee’s use of the Software during the term of this Agreement. Licensee may print or copy the Documentation as needed for its own purposes provided that all copyright notices are included therein. The Documentation shall be considered the Confidential Information of Applitools. \n   1. Reservation of Rights; Use Restrictions. Other than the rights explicitly granted in this Agreement, Licensee shall have no other rights, express or implied, in the Software. Without limiting the generality of the foregoing, Licensee agrees and undertakes not to: (i) allow any third party to use the Software in any manner, including but not limited to, sell, lease, sublicense or distribute the Software, or any part thereof; (ii) modify, revise, or alter the Software or reverse engineer, decompile, disassemble or otherwise reduce to human-perceivable form the Software’s source code; (iii) copy or allow copies of the Software to be made; (iv) remove, alter or obscure any proprietary notice or identification, including copyright, trademark, patent or other notices, contained in or displayed on or via the Software; (v) use the Software to violate any applicable laws, rules or regulations, or for any unlawful, harmful, irresponsible, or inappropriate purpose, or in any manner that breaches this Agreement, and/or (vi) represent that it possesses any proprietary interest in the Software.\n   1. Third Party Software. Licensee acknowledges and agrees that any third party software (“Third Party Software”) that provided with the Software is provided under the terms of the license attached/linked thereto or, if no such license is attached, such Third Party Software is provided for free and on “AS IS” basis. Applitools is not liable for any losses or damages which may occur resulting from the use of any Third Party Software. Applitools does not possess any proprietary interest in such Third Party Software. \n   1. Open Source Licenses. The Software includes certain open source code software and materials (as shall be listed in the documentation of the Software) (“Open Source Software”) that are subject to their respective open source licenses (“Open Source Licenses”). Such Open Source Licenses contain a list of conditions with respect to warranty, copyright policy and other provisions. By executing this Agreement, Licensee undertakes to strictly comply with the terms and condition of the Open Source Licenses, as may be amended from time to time. In order to comply with the Open Source Licenses, Licensee shall read the respective licenses or notices, such list of Open Source Licenses may be amended from time to time by Applitools, at its sole discretion. In the event of any inconsistencies or conflicting provisions between the provisions of the Open Source Licenses and the provisions of this Agreement, the provisions of the Open Source Licenses shall prevail. Without derogating from the generality of the foregoing, it is clarified that any Open Source Software is provided on an “AS IS” basis, without indemnity or warranty of any kind, whether express or implied. For clarity, the representations and warranties set forth in Section ‎4 hereunder shall not apply to any Open Source Software.\n1. Title & Ownership. APPLITOOLS DOES NOT SELL OR TRANSFER TITLE IN THE SOFTWARE, OR ANY PART THEREOF, TO LICENSEE. The Documentation, Software (excluding any Open Source Software and Third Party Software therein which are owned by their respective licensors) and/or any copies thereof, including without limitation any derivative works made (regardless of whether such derivative works were made and/or developed pursuant to the request and/or specifications of Licensee, and irrespective of any support and/or assistance Applitools may, will or had received from Licensee, or any third party on its behalf, with respect thereto), as well as any updates or upgrades thereto, if provided to Applitools pursuant to this Agreement, shall remain Applitools’ sole and exclusive property. All Intellectual Property Rights evidenced by or embodied in and/or attached/connected/related to the Software, or part thereof, are and shall be owned solely and exclusively by Applitools. Nothing in this Agreement shall constitute a waiver of Applitools’ Intellectual Property Rights under any law, or be in any way construed or interpreted as such. It is further agreed that to the extent Licensee provides Applitools with Feedback, Licensee acknowledges that any and all rights, including Intellectual Property Rights in such Feedback shall belong exclusively to Applitools and Licensee hereby irrevocably and unconditionally transfers and assigns to Applitools all intellectual property rights in such Feedback and waives any and all moral rights that Licensee may have in respect thereto. It is further understood that use of Feedback, if any, may be made by Applitools at its sole discretion, and that Applitools in no way shall be obliged to make use of any kind of the Feedback or part thereof. \n1. Warranty. Applitools warrants that to its knowledge it has the right to grant the license under this Agreement. Applitools’ sole liability for any breach of this warranty or any other warranty under this Agreement shall be, at Applitools’ sole discretion: (i) to replace or repair the Software or the applicable portion thereof; or (ii) to terminate this Agreement.\n2. Warranty Exclusions. The warranties set forth in Section ‎4 are contingent upon Licensee’s proper use of the Software, and shall not apply to damage caused by abuse, misuse, alteration, neglect or unauthorized repair or installation, or by the use or attempted use of Software other than that supplied and supported by Applitools. Applitools will use reasonable commercial efforts to repair or replace the Software or the applicable portion thereof, pursuant to the foregoing warranty within thirty (30) days of being so notified.\n1. Warranty Disclaimers. AS BETWEEN LICENSEE AND APPLITOOLS, EXCEPT AS SET IN SECTION ‎4, THE SOFTWARE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND INCLUDING, WITHOUT LIMITATION, REPRESENTATIONS, WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR INTENDED OR PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, THAT THE SOFTWARE WILL MEET LICENSEE’S REQUIREMENTS OR EXPECTATIONS OR WILL ACHIEVE ANY SPECIFIC RESULTS AND THOSE ARISING BY STATUTE OR FROM A COURSE OF DEALING OR USAGE OF TRADE. Applicable law may not allow the exclusion of certain warranties, so to that extent such exclusions may not apply.\n1. High Risk Activities. You acknowledge that the Software is not fault tolerant and is not designed, manufactured, or intended for use or resale as on-line control equipment in hazardous or high risk environments and activities requiring fail-safe performance (such as in the operation of nuclear facilities, aircraft navigation or communication systems, air traffic control, direct life support machines and/or devices, or weapons systems) in which the failure of the Software could lead directly to death, personal injury, or severe physical or environmental damage, and You agree not to use or allow the use of the Software or any portion thereof for, or in connection with, any such environment or activity.\n1. Indemnify. You agree that Applitools shall have no liability whatsoever for any use made of the Software by You or any third party. You hereby agree to defend, indemnify and hold harmless Applitools and its affiliates and their respective officers, directors, agents and employees from any and all claims, damages, liabilities, costs, and expenses (including attorney’s fees) arising from claims related to Your use of the Software as well as from Your failure to comply with this Agreement.\n1. Limitation of Liability. UNDER NO CIRCUMSTANCES SHALL APPLITOOLS AND/OR ITS AFFILIATES BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, OR FOR ANY LOSS OF DATA, REVENUE, BUSINESS OR REPUTATION, THAT ARISES UNDER OR IN CONNECTION WITH THIS AGREEMENT, OR THAT RESULTS FROM THE USE OF, OR THE INABILITY TO USE, THE SOFTWARE. APPLITOOLS’S TOTAL AGGREGATE LIABILITY FOR ANY AND ALL DIRECT DAMAGES AND LOSSES THAT ARISE UNDER OR IN CONNECTION WITH THIS AGREEMENT SHALL NOT IN ANY CIRCUMSTANCE EXCEED THE AMOUNT OF 100.00 (ONE HUNDRED) UNITED STATES DOLLARS. THE FOREGOING LIMITATIONS AND EXCLUSIONS IN THIS SECTION ‎7 SHALL APPLY: (I) EVEN IF APPLITOOLS HAS BEEN ADVISED OF THE POSSIBILITY OF ANY DAMAGES OR LOSSES; (II) EVEN IF ANY REMEDY SET FORTH HEREIN FAILS OF ITS ESSENTIAL PURPOSE; AND (III) REGARDLESS OF THE BASIS OR THEORY OF LIABILITY.\n1. Export Laws. Licensee agrees to comply fully with all U.S., EU, Israeli, and all applicable export laws and regulations to ensure that neither the Software nor any technical data related thereto are exported or re-exported directly or indirectly in violation of, or used for any purposes prohibited by, such laws and regulations. For clarity, and without derogating from Section ‎11 below, in case of any change of any applicable law, policy or regulation, which might affect Applitools’ business, Applitools will have the right to terminate this Agreement and the license granted hereunder and the Licensee shall have no claims regarding such termination. \n1. Term and Termination. This Agreement shall continue until terminated as set forth in this section (the “Term”). You may terminate this Agreement at any time by removing the Software from Your system and destroying all copies of the Software and Documentation relating to the Software. Unauthorized copying of the Software or otherwise failing to comply with this Agreement will result in automatic immediate termination of this Agreement and will make available to Applitools legal remedies. Applitools reserves the right to terminate this Agreement and the License at any time and without notice. Upon termination of this Agreement, the License will terminate and You: (i) will cease any and all rights to use the Software, and (ii) will remove the Software from all hard drives, networks and other storage media and destroy all copies of the Software in your possession or under your control. The provisions of Sections ‎2.3, ‎2.4, ‎2.5, ‎6, ‎7, ‎8, ‎9, 10, ‎11 and ‎12 shall survive the termination, expiration or other ending of this Agreement.\n1. Miscellaneous. This Agreement represents the complete agreement concerning the Software between You and Applitools and supersedes all prior agreements and representations between You and Applitools. If any provision of this Agreement is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable. Any waiver of any provision of this Agreement will be effective only if in writing and signed by Applitools. This Agreement is personal to You and may not be assigned or transferred for any reason whatsoever without the consent of Applitools and any action or conduct in violation of the foregoing shall be void and without effect. Applitools expressly reserves the right to assign this Agreement and to delegate any of its obligations hereunder. This Agreement are governed by and construed under the laws of the State of Israel, excluding its conflicts of law rules. You expressly agree that the exclusive jurisdiction for any claim or action arising out of or relating to this Agreement shall be the courts located in Tel Aviv, Israel, and You further agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action. In any action or proceeding to enforce rights under this Agreement, the prevailing party shall be entitled to recover costs and attorneys’ 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BY INSTALLING, ACCESSING AND/OR USING THE SOFTWARE (AS DEFINED BELOW), YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOU, OR THE COMPANY YOU REPRESENT, (“YOU” OR “LICENSEE”) ARE ENTERING INTO A LEGAL AGREEMENT WITH APPLITOOLS LTD. AND ITS AFFILIATES (“APPLITOOLS”), AND HAVE UNDERSTOOD AND AGREE TO COMPLY WITH, AND BE LEGALLY BOUND BY, THE TERMS AND CONDITIONS OF THIS AGREEMENT. YOU HEREBY WAIVE ANY RIGHTS OR REQUIREMENTS UNDER ANY LAWS OR REGULATIONS IN ANY JURISDICTION WHICH REQUIRE AN ORIGINAL (NON-ELECTRONIC) SIGNATURE OR DELIVERY OR RETENTION OF NON-ELECTRONIC RECORDS, TO THE EXTENT PERMITTED UNDER APPLICABLE LAW. \nTHE SOFTWARE MAY BE USED SOLELY FOR YOUR PERSONAL, NON-COMMERCIAL PURPOSES. FOR COMMERCIAL PURPOSES PLEASE CONTACT THE REGIONAL APPLITOOLS BUSINESS REPRESENTATIVE. \n1. Definitions. For purposes of this Agreement, the following capitalized terms shall have the following meaning:\n   1. “Documentation” means the user’s guides and technical manuals delivered by Applitools to Licensee.\n   2.  “Feedback” means suggestions, comments or feedback (whether orally or in writing) with respect to the Software.\n   3. “Intellectual Property Rights” means all intangible legal rights, titles and interests evidenced by or embodied in all: (i) inventions (regardless of patentability and whether or not reduced to practice), improvements thereto, patents, patent applications, patent disclosures, together with all reissuances, continuations, continuations in part, revisions, extensions and reexaminations thereof; (ii) trademarks, service marks, trade dress, logos, trade names, corporate names, together with translations, adaptations, derivations and combinations thereof, including goodwill associated therewith, and applications, registrations, and renewals in connection therewith; (iii) any work of authorship, regardless of copyrightable, copyrightable works, copyrights (including moral rights), and applications, registrations and renewals in connection therewith; (iv) mask works and applications, registrations and renewals in connection therewith; (v) trade secrets and Confidential Information; and (vi) other proprietary rights and any other similar rights, in each case on a worldwide basis, and copies and tangible embodiments thereof, in whatever form or medium.\n   4. “License” means the right to use the Software pursuant to Section ‎2.1 to this Agreement.\n   5.  “Software” means Applitools’ software development kit software in object or source code version, Documentation and any updates and upgrade thereto (to the extent delivered).\n1. License\n   1. Grant of License. Subject to the terms and conditions of this Agreement, Applitools grants You, during the Term, a personal, non-exclusive, non-sublicensable, non-transferable, revocable license to: (i) use the Software solely for Your own personal (non-commercial) use and (ii) use and display Applitools’ Marks solely for the purpose of publicizing or advertising that You are using the Software. \n   2. Documentation. Applitools may make available Documentation to Licensee for Licensee to use solely in connection with Licensee’s use of the Software during the term of this Agreement. Licensee may print or copy the Documentation as needed for its own purposes provided that all copyright notices are included therein. The Documentation shall be considered the Confidential Information of Applitools. \n   1. Reservation of Rights; Use Restrictions. Other than the rights explicitly granted in this Agreement, Licensee shall have no other rights, express or implied, in the Software. Without limiting the generality of the foregoing, Licensee agrees and undertakes not to: (i) allow any third party to use the Software in any manner, including but not limited to, sell, lease, sublicense or distribute the Software, or any part thereof; (ii) modify, revise, or alter the Software or reverse engineer, decompile, disassemble or otherwise reduce to human-perceivable form the Software’s source code; (iii) copy or allow copies of the Software to be made; (iv) remove, alter or obscure any proprietary notice or identification, including copyright, trademark, patent or other notices, contained in or displayed on or via the Software; (v) use the Software to violate any applicable laws, rules or regulations, or for any unlawful, harmful, irresponsible, or inappropriate purpose, or in any manner that breaches this Agreement, and/or (vi) represent that it possesses any proprietary interest in the Software.\n   1. Third Party Software. Licensee acknowledges and agrees that any third party software (“Third Party Software”) that provided with the Software is provided under the terms of the license attached/linked thereto or, if no such license is attached, such Third Party Software is provided for free and on “AS IS” basis. Applitools is not liable for any losses or damages which may occur resulting from the use of any Third Party Software. Applitools does not possess any proprietary interest in such Third Party Software. \n   1. Open Source Licenses. The Software includes certain open source code software and materials (as shall be listed in the documentation of the Software) (“Open Source Software”) that are subject to their respective open source licenses (“Open Source Licenses”). Such Open Source Licenses contain a list of conditions with respect to warranty, copyright policy and other provisions. By executing this Agreement, Licensee undertakes to strictly comply with the terms and condition of the Open Source Licenses, as may be amended from time to time. In order to comply with the Open Source Licenses, Licensee shall read the respective licenses or notices, such list of Open Source Licenses may be amended from time to time by Applitools, at its sole discretion. In the event of any inconsistencies or conflicting provisions between the provisions of the Open Source Licenses and the provisions of this Agreement, the provisions of the Open Source Licenses shall prevail. Without derogating from the generality of the foregoing, it is clarified that any Open Source Software is provided on an “AS IS” basis, without indemnity or warranty of any kind, whether express or implied. For clarity, the representations and warranties set forth in Section ‎4 hereunder shall not apply to any Open Source Software.\n1. Title & Ownership. APPLITOOLS DOES NOT SELL OR TRANSFER TITLE IN THE SOFTWARE, OR ANY PART THEREOF, TO LICENSEE. The Documentation, Software (excluding any Open Source Software and Third Party Software therein which are owned by their respective licensors) and/or any copies thereof, including without limitation any derivative works made (regardless of whether such derivative works were made and/or developed pursuant to the request and/or specifications of Licensee, and irrespective of any support and/or assistance Applitools may, will or had received from Licensee, or any third party on its behalf, with respect thereto), as well as any updates or upgrades thereto, if provided to Applitools pursuant to this Agreement, shall remain Applitools’ sole and exclusive property. All Intellectual Property Rights evidenced by or embodied in and/or attached/connected/related to the Software, or part thereof, are and shall be owned solely and exclusively by Applitools. Nothing in this Agreement shall constitute a waiver of Applitools’ Intellectual Property Rights under any law, or be in any way construed or interpreted as such. It is further agreed that to the extent Licensee provides Applitools with Feedback, Licensee acknowledges that any and all rights, including Intellectual Property Rights in such Feedback shall belong exclusively to Applitools and Licensee hereby irrevocably and unconditionally transfers and assigns to Applitools all intellectual property rights in such Feedback and waives any and all moral rights that Licensee may have in respect thereto. It is further understood that use of Feedback, if any, may be made by Applitools at its sole discretion, and that Applitools in no way shall be obliged to make use of any kind of the Feedback or part thereof. \n1. Warranty. Applitools warrants that to its knowledge it has the right to grant the license under this Agreement. Applitools’ sole liability for any breach of this warranty or any other warranty under this Agreement shall be, at Applitools’ sole discretion: (i) to replace or repair the Software or the applicable portion thereof; or (ii) to terminate this Agreement.\n2. Warranty Exclusions. The warranties set forth in Section ‎4 are contingent upon Licensee’s proper use of the Software, and shall not apply to damage caused by abuse, misuse, alteration, neglect or unauthorized repair or installation, or by the use or attempted use of Software other than that supplied and supported by Applitools. Applitools will use reasonable commercial efforts to repair or replace the Software or the applicable portion thereof, pursuant to the foregoing warranty within thirty (30) days of being so notified.\n1. Warranty Disclaimers. AS BETWEEN LICENSEE AND APPLITOOLS, EXCEPT AS SET IN SECTION ‎4, THE SOFTWARE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND INCLUDING, WITHOUT LIMITATION, REPRESENTATIONS, WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR INTENDED OR PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, THAT THE SOFTWARE WILL MEET LICENSEE’S REQUIREMENTS OR EXPECTATIONS OR WILL ACHIEVE ANY SPECIFIC RESULTS AND THOSE ARISING BY STATUTE OR FROM A COURSE OF DEALING OR USAGE OF TRADE. Applicable law may not allow the exclusion of certain warranties, so to that extent such exclusions may not apply.\n1. High Risk Activities. You acknowledge that the Software is not fault tolerant and is not designed, manufactured, or intended for use or resale as on-line control equipment in hazardous or high risk environments and activities requiring fail-safe performance (such as in the operation of nuclear facilities, aircraft navigation or communication systems, air traffic control, direct life support machines and/or devices, or weapons systems) in which the failure of the Software could lead directly to death, personal injury, or severe physical or environmental damage, and You agree not to use or allow the use of the Software or any portion thereof for, or in connection with, any such environment or activity.\n1. Indemnify. You agree that Applitools shall have no liability whatsoever for any use made of the Software by You or any third party. You hereby agree to defend, indemnify and hold harmless Applitools and its affiliates and their respective officers, directors, agents and employees from any and all claims, damages, liabilities, costs, and expenses (including attorney’s fees) arising from claims related to Your use of the Software as well as from Your failure to comply with this Agreement.\n1. Limitation of Liability. UNDER NO CIRCUMSTANCES SHALL APPLITOOLS AND/OR ITS AFFILIATES BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, OR FOR ANY LOSS OF DATA, REVENUE, BUSINESS OR REPUTATION, THAT ARISES UNDER OR IN CONNECTION WITH THIS AGREEMENT, OR THAT RESULTS FROM THE USE OF, OR THE INABILITY TO USE, THE SOFTWARE. APPLITOOLS’S TOTAL AGGREGATE LIABILITY FOR ANY AND ALL DIRECT DAMAGES AND LOSSES THAT ARISE UNDER OR IN CONNECTION WITH THIS AGREEMENT SHALL NOT IN ANY CIRCUMSTANCE EXCEED THE AMOUNT OF 100.00 (ONE HUNDRED) UNITED STATES DOLLARS. THE FOREGOING LIMITATIONS AND EXCLUSIONS IN THIS SECTION ‎7 SHALL APPLY: (I) EVEN IF APPLITOOLS HAS BEEN ADVISED OF THE POSSIBILITY OF ANY DAMAGES OR LOSSES; (II) EVEN IF ANY REMEDY SET FORTH HEREIN FAILS OF ITS ESSENTIAL PURPOSE; AND (III) REGARDLESS OF THE BASIS OR THEORY OF LIABILITY.\n1. Export Laws. Licensee agrees to comply fully with all U.S., EU, Israeli, and all applicable export laws and regulations to ensure that neither the Software nor any technical data related thereto are exported or re-exported directly or indirectly in violation of, or used for any purposes prohibited by, such laws and regulations. For clarity, and without derogating from Section ‎11 below, in case of any change of any applicable law, policy or regulation, which might affect Applitools’ business, Applitools will have the right to terminate this Agreement and the license granted hereunder and the Licensee shall have no claims regarding such termination. \n1. Term and Termination. This Agreement shall continue until terminated as set forth in this section (the “Term”). You may terminate this Agreement at any time by removing the Software from Your system and destroying all copies of the Software and Documentation relating to the Software. Unauthorized copying of the Software or otherwise failing to comply with this Agreement will result in automatic immediate termination of this Agreement and will make available to Applitools legal remedies. Applitools reserves the right to terminate this Agreement and the License at any time and without notice. Upon termination of this Agreement, the License will terminate and You: (i) will cease any and all rights to use the Software, and (ii) will remove the Software from all hard drives, networks and other storage media and destroy all copies of the Software in your possession or under your control. The provisions of Sections ‎2.3, ‎2.4, ‎2.5, ‎6, ‎7, ‎8, ‎9, 10, ‎11 and ‎12 shall survive the termination, expiration or other ending of this Agreement.\n1. Miscellaneous. This Agreement represents the complete agreement concerning the Software between You and Applitools and supersedes all prior agreements and representations between You and Applitools. If any provision of this Agreement is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable. Any waiver of any provision of this Agreement will be effective only if in writing and signed by Applitools. This Agreement is personal to You and may not be assigned or transferred for any reason whatsoever without the consent of Applitools and any action or conduct in violation of the foregoing shall be void and without effect. Applitools expressly reserves the right to assign this Agreement and to delegate any of its obligations hereunder. This Agreement are governed by and construed under the laws of the State of Israel, excluding its conflicts of law rules. You expressly agree that the exclusive jurisdiction for any claim or action arising out of or relating to this Agreement shall be the courts located in Tel Aviv, Israel, and You further agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action. 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BY INSTALLING, ACCESSING AND/OR USING THE SOFTWARE (AS DEFINED BELOW), YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOU, OR THE COMPANY YOU REPRESENT, (“YOU” OR “LICENSEE”) ARE ENTERING INTO A LEGAL AGREEMENT WITH APPLITOOLS LTD. AND ITS AFFILIATES (“APPLITOOLS”), AND HAVE UNDERSTOOD AND AGREE TO COMPLY WITH, AND BE LEGALLY BOUND BY, THE TERMS AND CONDITIONS OF THIS AGREEMENT. YOU HEREBY WAIVE ANY RIGHTS OR REQUIREMENTS UNDER ANY LAWS OR REGULATIONS IN ANY JURISDICTION WHICH REQUIRE AN ORIGINAL (NON-ELECTRONIC) SIGNATURE OR DELIVERY OR RETENTION OF NON-ELECTRONIC RECORDS, TO THE EXTENT PERMITTED UNDER APPLICABLE LAW. \nTHE SOFTWARE MAY BE USED SOLELY FOR YOUR PERSONAL, NON-COMMERCIAL PURPOSES. FOR COMMERCIAL PURPOSES PLEASE CONTACT THE REGIONAL APPLITOOLS BUSINESS REPRESENTATIVE. \n1. Definitions. For purposes of this Agreement, the following capitalized terms shall have the following meaning:\n   1. “Documentation” means the user’s guides and technical manuals delivered by Applitools to Licensee.\n   2.  “Feedback” means suggestions, comments or feedback (whether orally or in writing) with respect to the Software.\n   3. “Intellectual Property Rights” means all intangible legal rights, titles and interests evidenced by or embodied in all: (i) inventions (regardless of patentability and whether or not reduced to practice), improvements thereto, patents, patent applications, patent disclosures, together with all reissuances, continuations, continuations in part, revisions, extensions and reexaminations thereof; (ii) trademarks, service marks, trade dress, logos, trade names, corporate names, together with translations, adaptations, derivations and combinations thereof, including goodwill associated therewith, and applications, registrations, and renewals in connection therewith; (iii) any work of authorship, regardless of copyrightable, copyrightable works, copyrights (including moral rights), and applications, registrations and renewals in connection therewith; (iv) mask works and applications, registrations and renewals in connection therewith; (v) trade secrets and Confidential Information; and (vi) other proprietary rights and any other similar rights, in each case on a worldwide basis, and copies and tangible embodiments thereof, in whatever form or medium.\n   4. “License” means the right to use the Software pursuant to Section ‎2.1 to this Agreement.\n   5.  “Software” means Applitools’ software development kit software in object or source code version, Documentation and any updates and upgrade thereto (to the extent delivered).\n1. License\n   1. Grant of License. Subject to the terms and conditions of this Agreement, Applitools grants You, during the Term, a personal, non-exclusive, non-sublicensable, non-transferable, revocable license to: (i) use the Software solely for Your own personal (non-commercial) use and (ii) use and display Applitools’ Marks solely for the purpose of publicizing or advertising that You are using the Software. \n   2. Documentation. Applitools may make available Documentation to Licensee for Licensee to use solely in connection with Licensee’s use of the Software during the term of this Agreement. Licensee may print or copy the Documentation as needed for its own purposes provided that all copyright notices are included therein. The Documentation shall be considered the Confidential Information of Applitools. \n   1. Reservation of Rights; Use Restrictions. Other than the rights explicitly granted in this Agreement, Licensee shall have no other rights, express or implied, in the Software. Without limiting the generality of the foregoing, Licensee agrees and undertakes not to: (i) allow any third party to use the Software in any manner, including but not limited to, sell, lease, sublicense or distribute the Software, or any part thereof; (ii) modify, revise, or alter the Software or reverse engineer, decompile, disassemble or otherwise reduce to human-perceivable form the Software’s source code; (iii) copy or allow copies of the Software to be made; (iv) remove, alter or obscure any proprietary notice or identification, including copyright, trademark, patent or other notices, contained in or displayed on or via the Software; (v) use the Software to violate any applicable laws, rules or regulations, or for any unlawful, harmful, irresponsible, or inappropriate purpose, or in any manner that breaches this Agreement, and/or (vi) represent that it possesses any proprietary interest in the Software.\n   1. Third Party Software. Licensee acknowledges and agrees that any third party software (“Third Party Software”) that provided with the Software is provided under the terms of the license attached/linked thereto or, if no such license is attached, such Third Party Software is provided for free and on “AS IS” basis. Applitools is not liable for any losses or damages which may occur resulting from the use of any Third Party Software. Applitools does not possess any proprietary interest in such Third Party Software. \n   1. Open Source Licenses. The Software includes certain open source code software and materials (as shall be listed in the documentation of the Software) (“Open Source Software”) that are subject to their respective open source licenses (“Open Source Licenses”). Such Open Source Licenses contain a list of conditions with respect to warranty, copyright policy and other provisions. By executing this Agreement, Licensee undertakes to strictly comply with the terms and condition of the Open Source Licenses, as may be amended from time to time. In order to comply with the Open Source Licenses, Licensee shall read the respective licenses or notices, such list of Open Source Licenses may be amended from time to time by Applitools, at its sole discretion. In the event of any inconsistencies or conflicting provisions between the provisions of the Open Source Licenses and the provisions of this Agreement, the provisions of the Open Source Licenses shall prevail. Without derogating from the generality of the foregoing, it is clarified that any Open Source Software is provided on an “AS IS” basis, without indemnity or warranty of any kind, whether express or implied. For clarity, the representations and warranties set forth in Section ‎4 hereunder shall not apply to any Open Source Software.\n1. Title & Ownership. APPLITOOLS DOES NOT SELL OR TRANSFER TITLE IN THE SOFTWARE, OR ANY PART THEREOF, TO LICENSEE. The Documentation, Software (excluding any Open Source Software and Third Party Software therein which are owned by their respective licensors) and/or any copies thereof, including without limitation any derivative works made (regardless of whether such derivative works were made and/or developed pursuant to the request and/or specifications of Licensee, and irrespective of any support and/or assistance Applitools may, will or had received from Licensee, or any third party on its behalf, with respect thereto), as well as any updates or upgrades thereto, if provided to Applitools pursuant to this Agreement, shall remain Applitools’ sole and exclusive property. All Intellectual Property Rights evidenced by or embodied in and/or attached/connected/related to the Software, or part thereof, are and shall be owned solely and exclusively by Applitools. Nothing in this Agreement shall constitute a waiver of Applitools’ Intellectual Property Rights under any law, or be in any way construed or interpreted as such. It is further agreed that to the extent Licensee provides Applitools with Feedback, Licensee acknowledges that any and all rights, including Intellectual Property Rights in such Feedback shall belong exclusively to Applitools and Licensee hereby irrevocably and unconditionally transfers and assigns to Applitools all intellectual property rights in such Feedback and waives any and all moral rights that Licensee may have in respect thereto. It is further understood that use of Feedback, if any, may be made by Applitools at its sole discretion, and that Applitools in no way shall be obliged to make use of any kind of the Feedback or part thereof. \n1. Warranty. Applitools warrants that to its knowledge it has the right to grant the license under this Agreement. Applitools’ sole liability for any breach of this warranty or any other warranty under this Agreement shall be, at Applitools’ sole discretion: (i) to replace or repair the Software or the applicable portion thereof; or (ii) to terminate this Agreement.\n2. Warranty Exclusions. The warranties set forth in Section ‎4 are contingent upon Licensee’s proper use of the Software, and shall not apply to damage caused by abuse, misuse, alteration, neglect or unauthorized repair or installation, or by the use or attempted use of Software other than that supplied and supported by Applitools. Applitools will use reasonable commercial efforts to repair or replace the Software or the applicable portion thereof, pursuant to the foregoing warranty within thirty (30) days of being so notified.\n1. Warranty Disclaimers. AS BETWEEN LICENSEE AND APPLITOOLS, EXCEPT AS SET IN SECTION ‎4, THE SOFTWARE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND INCLUDING, WITHOUT LIMITATION, REPRESENTATIONS, WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR INTENDED OR PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, THAT THE SOFTWARE WILL MEET LICENSEE’S REQUIREMENTS OR EXPECTATIONS OR WILL ACHIEVE ANY SPECIFIC RESULTS AND THOSE ARISING BY STATUTE OR FROM A COURSE OF DEALING OR USAGE OF TRADE. Applicable law may not allow the exclusion of certain warranties, so to that extent such exclusions may not apply.\n1. High Risk Activities. You acknowledge that the Software is not fault tolerant and is not designed, manufactured, or intended for use or resale as on-line control equipment in hazardous or high risk environments and activities requiring fail-safe performance (such as in the operation of nuclear facilities, aircraft navigation or communication systems, air traffic control, direct life support machines and/or devices, or weapons systems) in which the failure of the Software could lead directly to death, personal injury, or severe physical or environmental damage, and You agree not to use or allow the use of the Software or any portion thereof for, or in connection with, any such environment or activity.\n1. Indemnify. You agree that Applitools shall have no liability whatsoever for any use made of the Software by You or any third party. You hereby agree to defend, indemnify and hold harmless Applitools and its affiliates and their respective officers, directors, agents and employees from any and all claims, damages, liabilities, costs, and expenses (including attorney’s fees) arising from claims related to Your use of the Software as well as from Your failure to comply with this Agreement.\n1. Limitation of Liability. UNDER NO CIRCUMSTANCES SHALL APPLITOOLS AND/OR ITS AFFILIATES BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, OR FOR ANY LOSS OF DATA, REVENUE, BUSINESS OR REPUTATION, THAT ARISES UNDER OR IN CONNECTION WITH THIS AGREEMENT, OR THAT RESULTS FROM THE USE OF, OR THE INABILITY TO USE, THE SOFTWARE. APPLITOOLS’S TOTAL AGGREGATE LIABILITY FOR ANY AND ALL DIRECT DAMAGES AND LOSSES THAT ARISE UNDER OR IN CONNECTION WITH THIS AGREEMENT SHALL NOT IN ANY CIRCUMSTANCE EXCEED THE AMOUNT OF 100.00 (ONE HUNDRED) UNITED STATES DOLLARS. THE FOREGOING LIMITATIONS AND EXCLUSIONS IN THIS SECTION ‎7 SHALL APPLY: (I) EVEN IF APPLITOOLS HAS BEEN ADVISED OF THE POSSIBILITY OF ANY DAMAGES OR LOSSES; (II) EVEN IF ANY REMEDY SET FORTH HEREIN FAILS OF ITS ESSENTIAL PURPOSE; AND (III) REGARDLESS OF THE BASIS OR THEORY OF LIABILITY.\n1. Export Laws. Licensee agrees to comply fully with all U.S., EU, Israeli, and all applicable export laws and regulations to ensure that neither the Software nor any technical data related thereto are exported or re-exported directly or indirectly in violation of, or used for any purposes prohibited by, such laws and regulations. For clarity, and without derogating from Section ‎11 below, in case of any change of any applicable law, policy or regulation, which might affect Applitools’ business, Applitools will have the right to terminate this Agreement and the license granted hereunder and the Licensee shall have no claims regarding such termination. \n1. Term and Termination. This Agreement shall continue until terminated as set forth in this section (the “Term”). You may terminate this Agreement at any time by removing the Software from Your system and destroying all copies of the Software and Documentation relating to the Software. Unauthorized copying of the Software or otherwise failing to comply with this Agreement will result in automatic immediate termination of this Agreement and will make available to Applitools legal remedies. Applitools reserves the right to terminate this Agreement and the License at any time and without notice. Upon termination of this Agreement, the License will terminate and You: (i) will cease any and all rights to use the Software, and (ii) will remove the Software from all hard drives, networks and other storage media and destroy all copies of the Software in your possession or under your control. The provisions of Sections ‎2.3, ‎2.4, ‎2.5, ‎6, ‎7, ‎8, ‎9, 10, ‎11 and ‎12 shall survive the termination, expiration or other ending of this Agreement.\n1. Miscellaneous. This Agreement represents the complete agreement concerning the Software between You and Applitools and supersedes all prior agreements and representations between You and Applitools. If any provision of this Agreement is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable. Any waiver of any provision of this Agreement will be effective only if in writing and signed by Applitools. This Agreement is personal to You and may not be assigned or transferred for any reason whatsoever without the consent of Applitools and any action or conduct in violation of the foregoing shall be void and without effect. Applitools expressly reserves the right to assign this Agreement and to delegate any of its obligations hereunder. This Agreement are governed by and construed under the laws of the State of Israel, excluding its conflicts of law rules. You expressly agree that the exclusive jurisdiction for any claim or action arising out of or relating to this Agreement shall be the courts located in Tel Aviv, Israel, and You further agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action. In any action or proceeding to enforce rights under this Agreement, the prevailing party shall be entitled to recover costs and attorneys’ 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BY INSTALLING, ACCESSING AND/OR USING THE SOFTWARE (AS DEFINED BELOW), YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOU, OR THE COMPANY YOU REPRESENT, (“YOU” OR “LICENSEE”) ARE ENTERING INTO A LEGAL AGREEMENT WITH APPLITOOLS LTD. AND ITS AFFILIATES (“APPLITOOLS”), AND HAVE UNDERSTOOD AND AGREE TO COMPLY WITH, AND BE LEGALLY BOUND BY, THE TERMS AND CONDITIONS OF THIS AGREEMENT. YOU HEREBY WAIVE ANY RIGHTS OR REQUIREMENTS UNDER ANY LAWS OR REGULATIONS IN ANY JURISDICTION WHICH REQUIRE AN ORIGINAL (NON-ELECTRONIC) SIGNATURE OR DELIVERY OR RETENTION OF NON-ELECTRONIC RECORDS, TO THE EXTENT PERMITTED UNDER APPLICABLE LAW. \nTHE SOFTWARE MAY BE USED SOLELY FOR YOUR PERSONAL, NON-COMMERCIAL PURPOSES. FOR COMMERCIAL PURPOSES PLEASE CONTACT THE REGIONAL APPLITOOLS BUSINESS REPRESENTATIVE. \n1. Definitions. For purposes of this Agreement, the following capitalized terms shall have the following meaning:\n   1. “Documentation” means the user’s guides and technical manuals delivered by Applitools to Licensee.\n   2.  “Feedback” means suggestions, comments or feedback (whether orally or in writing) with respect to the Software.\n   3. “Intellectual Property Rights” means all intangible legal rights, titles and interests evidenced by or embodied in all: (i) inventions (regardless of patentability and whether or not reduced to practice), improvements thereto, patents, patent applications, patent disclosures, together with all reissuances, continuations, continuations in part, revisions, extensions and reexaminations thereof; (ii) trademarks, service marks, trade dress, logos, trade names, corporate names, together with translations, adaptations, derivations and combinations thereof, including goodwill associated therewith, and applications, registrations, and renewals in connection therewith; (iii) any work of authorship, regardless of copyrightable, copyrightable works, copyrights (including moral rights), and applications, registrations and renewals in connection therewith; (iv) mask works and applications, registrations and renewals in connection therewith; (v) trade secrets and Confidential Information; and (vi) other proprietary rights and any other similar rights, in each case on a worldwide basis, and copies and tangible embodiments thereof, in whatever form or medium.\n   4. “License” means the right to use the Software pursuant to Section ‎2.1 to this Agreement.\n   5.  “Software” means Applitools’ software development kit software in object or source code version, Documentation and any updates and upgrade thereto (to the extent delivered).\n1. License\n   1. Grant of License. Subject to the terms and conditions of this Agreement, Applitools grants You, during the Term, a personal, non-exclusive, non-sublicensable, non-transferable, revocable license to: (i) use the Software solely for Your own personal (non-commercial) use and (ii) use and display Applitools’ Marks solely for the purpose of publicizing or advertising that You are using the Software. \n   2. Documentation. Applitools may make available Documentation to Licensee for Licensee to use solely in connection with Licensee’s use of the Software during the term of this Agreement. Licensee may print or copy the Documentation as needed for its own purposes provided that all copyright notices are included therein. The Documentation shall be considered the Confidential Information of Applitools. \n   1. Reservation of Rights; Use Restrictions. Other than the rights explicitly granted in this Agreement, Licensee shall have no other rights, express or implied, in the Software. Without limiting the generality of the foregoing, Licensee agrees and undertakes not to: (i) allow any third party to use the Software in any manner, including but not limited to, sell, lease, sublicense or distribute the Software, or any part thereof; (ii) modify, revise, or alter the Software or reverse engineer, decompile, disassemble or otherwise reduce to human-perceivable form the Software’s source code; (iii) copy or allow copies of the Software to be made; (iv) remove, alter or obscure any proprietary notice or identification, including copyright, trademark, patent or other notices, contained in or displayed on or via the Software; (v) use the Software to violate any applicable laws, rules or regulations, or for any unlawful, harmful, irresponsible, or inappropriate purpose, or in any manner that breaches this Agreement, and/or (vi) represent that it possesses any proprietary interest in the Software.\n   1. Third Party Software. Licensee acknowledges and agrees that any third party software (“Third Party Software”) that provided with the Software is provided under the terms of the license attached/linked thereto or, if no such license is attached, such Third Party Software is provided for free and on “AS IS” basis. Applitools is not liable for any losses or damages which may occur resulting from the use of any Third Party Software. Applitools does not possess any proprietary interest in such Third Party Software. \n   1. Open Source Licenses. The Software includes certain open source code software and materials (as shall be listed in the documentation of the Software) (“Open Source Software”) that are subject to their respective open source licenses (“Open Source Licenses”). Such Open Source Licenses contain a list of conditions with respect to warranty, copyright policy and other provisions. By executing this Agreement, Licensee undertakes to strictly comply with the terms and condition of the Open Source Licenses, as may be amended from time to time. In order to comply with the Open Source Licenses, Licensee shall read the respective licenses or notices, such list of Open Source Licenses may be amended from time to time by Applitools, at its sole discretion. In the event of any inconsistencies or conflicting provisions between the provisions of the Open Source Licenses and the provisions of this Agreement, the provisions of the Open Source Licenses shall prevail. Without derogating from the generality of the foregoing, it is clarified that any Open Source Software is provided on an “AS IS” basis, without indemnity or warranty of any kind, whether express or implied. For clarity, the representations and warranties set forth in Section ‎4 hereunder shall not apply to any Open Source Software.\n1. Title & Ownership. APPLITOOLS DOES NOT SELL OR TRANSFER TITLE IN THE SOFTWARE, OR ANY PART THEREOF, TO LICENSEE. The Documentation, Software (excluding any Open Source Software and Third Party Software therein which are owned by their respective licensors) and/or any copies thereof, including without limitation any derivative works made (regardless of whether such derivative works were made and/or developed pursuant to the request and/or specifications of Licensee, and irrespective of any support and/or assistance Applitools may, will or had received from Licensee, or any third party on its behalf, with respect thereto), as well as any updates or upgrades thereto, if provided to Applitools pursuant to this Agreement, shall remain Applitools’ sole and exclusive property. All Intellectual Property Rights evidenced by or embodied in and/or attached/connected/related to the Software, or part thereof, are and shall be owned solely and exclusively by Applitools. Nothing in this Agreement shall constitute a waiver of Applitools’ Intellectual Property Rights under any law, or be in any way construed or interpreted as such. It is further agreed that to the extent Licensee provides Applitools with Feedback, Licensee acknowledges that any and all rights, including Intellectual Property Rights in such Feedback shall belong exclusively to Applitools and Licensee hereby irrevocably and unconditionally transfers and assigns to Applitools all intellectual property rights in such Feedback and waives any and all moral rights that Licensee may have in respect thereto. It is further understood that use of Feedback, if any, may be made by Applitools at its sole discretion, and that Applitools in no way shall be obliged to make use of any kind of the Feedback or part thereof. \n1. Warranty. Applitools warrants that to its knowledge it has the right to grant the license under this Agreement. Applitools’ sole liability for any breach of this warranty or any other warranty under this Agreement shall be, at Applitools’ sole discretion: (i) to replace or repair the Software or the applicable portion thereof; or (ii) to terminate this Agreement.\n2. Warranty Exclusions. The warranties set forth in Section ‎4 are contingent upon Licensee’s proper use of the Software, and shall not apply to damage caused by abuse, misuse, alteration, neglect or unauthorized repair or installation, or by the use or attempted use of Software other than that supplied and supported by Applitools. Applitools will use reasonable commercial efforts to repair or replace the Software or the applicable portion thereof, pursuant to the foregoing warranty within thirty (30) days of being so notified.\n1. Warranty Disclaimers. AS BETWEEN LICENSEE AND APPLITOOLS, EXCEPT AS SET IN SECTION ‎4, THE SOFTWARE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND INCLUDING, WITHOUT LIMITATION, REPRESENTATIONS, WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR INTENDED OR PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, THAT THE SOFTWARE WILL MEET LICENSEE’S REQUIREMENTS OR EXPECTATIONS OR WILL ACHIEVE ANY SPECIFIC RESULTS AND THOSE ARISING BY STATUTE OR FROM A COURSE OF DEALING OR USAGE OF TRADE. Applicable law may not allow the exclusion of certain warranties, so to that extent such exclusions may not apply.\n1. High Risk Activities. You acknowledge that the Software is not fault tolerant and is not designed, manufactured, or intended for use or resale as on-line control equipment in hazardous or high risk environments and activities requiring fail-safe performance (such as in the operation of nuclear facilities, aircraft navigation or communication systems, air traffic control, direct life support machines and/or devices, or weapons systems) in which the failure of the Software could lead directly to death, personal injury, or severe physical or environmental damage, and You agree not to use or allow the use of the Software or any portion thereof for, or in connection with, any such environment or activity.\n1. Indemnify. You agree that Applitools shall have no liability whatsoever for any use made of the Software by You or any third party. You hereby agree to defend, indemnify and hold harmless Applitools and its affiliates and their respective officers, directors, agents and employees from any and all claims, damages, liabilities, costs, and expenses (including attorney’s fees) arising from claims related to Your use of the Software as well as from Your failure to comply with this Agreement.\n1. Limitation of Liability. UNDER NO CIRCUMSTANCES SHALL APPLITOOLS AND/OR ITS AFFILIATES BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, OR FOR ANY LOSS OF DATA, REVENUE, BUSINESS OR REPUTATION, THAT ARISES UNDER OR IN CONNECTION WITH THIS AGREEMENT, OR THAT RESULTS FROM THE USE OF, OR THE INABILITY TO USE, THE SOFTWARE. APPLITOOLS’S TOTAL AGGREGATE LIABILITY FOR ANY AND ALL DIRECT DAMAGES AND LOSSES THAT ARISE UNDER OR IN CONNECTION WITH THIS AGREEMENT SHALL NOT IN ANY CIRCUMSTANCE EXCEED THE AMOUNT OF 100.00 (ONE HUNDRED) UNITED STATES DOLLARS. THE FOREGOING LIMITATIONS AND EXCLUSIONS IN THIS SECTION ‎7 SHALL APPLY: (I) EVEN IF APPLITOOLS HAS BEEN ADVISED OF THE POSSIBILITY OF ANY DAMAGES OR LOSSES; (II) EVEN IF ANY REMEDY SET FORTH HEREIN FAILS OF ITS ESSENTIAL PURPOSE; AND (III) REGARDLESS OF THE BASIS OR THEORY OF LIABILITY.\n1. Export Laws. Licensee agrees to comply fully with all U.S., EU, Israeli, and all applicable export laws and regulations to ensure that neither the Software nor any technical data related thereto are exported or re-exported directly or indirectly in violation of, or used for any purposes prohibited by, such laws and regulations. For clarity, and without derogating from Section ‎11 below, in case of any change of any applicable law, policy or regulation, which might affect Applitools’ business, Applitools will have the right to terminate this Agreement and the license granted hereunder and the Licensee shall have no claims regarding such termination. \n1. Term and Termination. This Agreement shall continue until terminated as set forth in this section (the “Term”). You may terminate this Agreement at any time by removing the Software from Your system and destroying all copies of the Software and Documentation relating to the Software. Unauthorized copying of the Software or otherwise failing to comply with this Agreement will result in automatic immediate termination of this Agreement and will make available to Applitools legal remedies. Applitools reserves the right to terminate this Agreement and the License at any time and without notice. Upon termination of this Agreement, the License will terminate and You: (i) will cease any and all rights to use the Software, and (ii) will remove the Software from all hard drives, networks and other storage media and destroy all copies of the Software in your possession or under your control. The provisions of Sections ‎2.3, ‎2.4, ‎2.5, ‎6, ‎7, ‎8, ‎9, 10, ‎11 and ‎12 shall survive the termination, expiration or other ending of this Agreement.\n1. Miscellaneous. This Agreement represents the complete agreement concerning the Software between You and Applitools and supersedes all prior agreements and representations between You and Applitools. If any provision of this Agreement is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable. Any waiver of any provision of this Agreement will be effective only if in writing and signed by Applitools. This Agreement is personal to You and may not be assigned or transferred for any reason whatsoever without the consent of Applitools and any action or conduct in violation of the foregoing shall be void and without effect. Applitools expressly reserves the right to assign this Agreement and to delegate any of its obligations hereunder. This Agreement are governed by and construed under the laws of the State of Israel, excluding its conflicts of law rules. You expressly agree that the exclusive jurisdiction for any claim or action arising out of or relating to this Agreement shall be the courts located in Tel Aviv, Israel, and You further agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action. 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BY INSTALLING, ACCESSING AND/OR USING THE SOFTWARE (AS DEFINED BELOW), YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOU, OR THE COMPANY YOU REPRESENT, (“YOU” OR “LICENSEE”) ARE ENTERING INTO A LEGAL AGREEMENT WITH APPLITOOLS LTD. AND ITS AFFILIATES (“APPLITOOLS”), AND HAVE UNDERSTOOD AND AGREE TO COMPLY WITH, AND BE LEGALLY BOUND BY, THE TERMS AND CONDITIONS OF THIS AGREEMENT. YOU HEREBY WAIVE ANY RIGHTS OR REQUIREMENTS UNDER ANY LAWS OR REGULATIONS IN ANY JURISDICTION WHICH REQUIRE AN ORIGINAL (NON-ELECTRONIC) SIGNATURE OR DELIVERY OR RETENTION OF NON-ELECTRONIC RECORDS, TO THE EXTENT PERMITTED UNDER APPLICABLE LAW. \nTHE SOFTWARE MAY BE USED SOLELY FOR YOUR PERSONAL, NON-COMMERCIAL PURPOSES. FOR COMMERCIAL PURPOSES PLEASE CONTACT THE REGIONAL APPLITOOLS BUSINESS REPRESENTATIVE. \n1. Definitions. For purposes of this Agreement, the following capitalized terms shall have the following meaning:\n   1. “Documentation” means the user’s guides and technical manuals delivered by Applitools to Licensee.\n   2.  “Feedback” means suggestions, comments or feedback (whether orally or in writing) with respect to the Software.\n   3. “Intellectual Property Rights” means all intangible legal rights, titles and interests evidenced by or embodied in all: (i) inventions (regardless of patentability and whether or not reduced to practice), improvements thereto, patents, patent applications, patent disclosures, together with all reissuances, continuations, continuations in part, revisions, extensions and reexaminations thereof; (ii) trademarks, service marks, trade dress, logos, trade names, corporate names, together with translations, adaptations, derivations and combinations thereof, including goodwill associated therewith, and applications, registrations, and renewals in connection therewith; (iii) any work of authorship, regardless of copyrightable, copyrightable works, copyrights (including moral rights), and applications, registrations and renewals in connection therewith; (iv) mask works and applications, registrations and renewals in connection therewith; (v) trade secrets and Confidential Information; and (vi) other proprietary rights and any other similar rights, in each case on a worldwide basis, and copies and tangible embodiments thereof, in whatever form or medium.\n   4. “License” means the right to use the Software pursuant to Section ‎2.1 to this Agreement.\n   5.  “Software” means Applitools’ software development kit software in object or source code version, Documentation and any updates and upgrade thereto (to the extent delivered).\n1. License\n   1. Grant of License. Subject to the terms and conditions of this Agreement, Applitools grants You, during the Term, a personal, non-exclusive, non-sublicensable, non-transferable, revocable license to: (i) use the Software solely for Your own personal (non-commercial) use and (ii) use and display Applitools’ Marks solely for the purpose of publicizing or advertising that You are using the Software. \n   2. Documentation. Applitools may make available Documentation to Licensee for Licensee to use solely in connection with Licensee’s use of the Software during the term of this Agreement. Licensee may print or copy the Documentation as needed for its own purposes provided that all copyright notices are included therein. The Documentation shall be considered the Confidential Information of Applitools. \n   1. Reservation of Rights; Use Restrictions. Other than the rights explicitly granted in this Agreement, Licensee shall have no other rights, express or implied, in the Software. Without limiting the generality of the foregoing, Licensee agrees and undertakes not to: (i) allow any third party to use the Software in any manner, including but not limited to, sell, lease, sublicense or distribute the Software, or any part thereof; (ii) modify, revise, or alter the Software or reverse engineer, decompile, disassemble or otherwise reduce to human-perceivable form the Software’s source code; (iii) copy or allow copies of the Software to be made; (iv) remove, alter or obscure any proprietary notice or identification, including copyright, trademark, patent or other notices, contained in or displayed on or via the Software; (v) use the Software to violate any applicable laws, rules or regulations, or for any unlawful, harmful, irresponsible, or inappropriate purpose, or in any manner that breaches this Agreement, and/or (vi) represent that it possesses any proprietary interest in the Software.\n   1. Third Party Software. Licensee acknowledges and agrees that any third party software (“Third Party Software”) that provided with the Software is provided under the terms of the license attached/linked thereto or, if no such license is attached, such Third Party Software is provided for free and on “AS IS” basis. Applitools is not liable for any losses or damages which may occur resulting from the use of any Third Party Software. Applitools does not possess any proprietary interest in such Third Party Software. \n   1. Open Source Licenses. The Software includes certain open source code software and materials (as shall be listed in the documentation of the Software) (“Open Source Software”) that are subject to their respective open source licenses (“Open Source Licenses”). Such Open Source Licenses contain a list of conditions with respect to warranty, copyright policy and other provisions. By executing this Agreement, Licensee undertakes to strictly comply with the terms and condition of the Open Source Licenses, as may be amended from time to time. In order to comply with the Open Source Licenses, Licensee shall read the respective licenses or notices, such list of Open Source Licenses may be amended from time to time by Applitools, at its sole discretion. In the event of any inconsistencies or conflicting provisions between the provisions of the Open Source Licenses and the provisions of this Agreement, the provisions of the Open Source Licenses shall prevail. Without derogating from the generality of the foregoing, it is clarified that any Open Source Software is provided on an “AS IS” basis, without indemnity or warranty of any kind, whether express or implied. For clarity, the representations and warranties set forth in Section ‎4 hereunder shall not apply to any Open Source Software.\n1. Title & Ownership. APPLITOOLS DOES NOT SELL OR TRANSFER TITLE IN THE SOFTWARE, OR ANY PART THEREOF, TO LICENSEE. The Documentation, Software (excluding any Open Source Software and Third Party Software therein which are owned by their respective licensors) and/or any copies thereof, including without limitation any derivative works made (regardless of whether such derivative works were made and/or developed pursuant to the request and/or specifications of Licensee, and irrespective of any support and/or assistance Applitools may, will or had received from Licensee, or any third party on its behalf, with respect thereto), as well as any updates or upgrades thereto, if provided to Applitools pursuant to this Agreement, shall remain Applitools’ sole and exclusive property. All Intellectual Property Rights evidenced by or embodied in and/or attached/connected/related to the Software, or part thereof, are and shall be owned solely and exclusively by Applitools. Nothing in this Agreement shall constitute a waiver of Applitools’ Intellectual Property Rights under any law, or be in any way construed or interpreted as such. It is further agreed that to the extent Licensee provides Applitools with Feedback, Licensee acknowledges that any and all rights, including Intellectual Property Rights in such Feedback shall belong exclusively to Applitools and Licensee hereby irrevocably and unconditionally transfers and assigns to Applitools all intellectual property rights in such Feedback and waives any and all moral rights that Licensee may have in respect thereto. It is further understood that use of Feedback, if any, may be made by Applitools at its sole discretion, and that Applitools in no way shall be obliged to make use of any kind of the Feedback or part thereof. \n1. Warranty. Applitools warrants that to its knowledge it has the right to grant the license under this Agreement. Applitools’ sole liability for any breach of this warranty or any other warranty under this Agreement shall be, at Applitools’ sole discretion: (i) to replace or repair the Software or the applicable portion thereof; or (ii) to terminate this Agreement.\n2. Warranty Exclusions. The warranties set forth in Section ‎4 are contingent upon Licensee’s proper use of the Software, and shall not apply to damage caused by abuse, misuse, alteration, neglect or unauthorized repair or installation, or by the use or attempted use of Software other than that supplied and supported by Applitools. Applitools will use reasonable commercial efforts to repair or replace the Software or the applicable portion thereof, pursuant to the foregoing warranty within thirty (30) days of being so notified.\n1. Warranty Disclaimers. AS BETWEEN LICENSEE AND APPLITOOLS, EXCEPT AS SET IN SECTION ‎4, THE SOFTWARE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND INCLUDING, WITHOUT LIMITATION, REPRESENTATIONS, WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR INTENDED OR PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, THAT THE SOFTWARE WILL MEET LICENSEE’S REQUIREMENTS OR EXPECTATIONS OR WILL ACHIEVE ANY SPECIFIC RESULTS AND THOSE ARISING BY STATUTE OR FROM A COURSE OF DEALING OR USAGE OF TRADE. Applicable law may not allow the exclusion of certain warranties, so to that extent such exclusions may not apply.\n1. High Risk Activities. You acknowledge that the Software is not fault tolerant and is not designed, manufactured, or intended for use or resale as on-line control equipment in hazardous or high risk environments and activities requiring fail-safe performance (such as in the operation of nuclear facilities, aircraft navigation or communication systems, air traffic control, direct life support machines and/or devices, or weapons systems) in which the failure of the Software could lead directly to death, personal injury, or severe physical or environmental damage, and You agree not to use or allow the use of the Software or any portion thereof for, or in connection with, any such environment or activity.\n1. Indemnify. You agree that Applitools shall have no liability whatsoever for any use made of the Software by You or any third party. You hereby agree to defend, indemnify and hold harmless Applitools and its affiliates and their respective officers, directors, agents and employees from any and all claims, damages, liabilities, costs, and expenses (including attorney’s fees) arising from claims related to Your use of the Software as well as from Your failure to comply with this Agreement.\n1. Limitation of Liability. UNDER NO CIRCUMSTANCES SHALL APPLITOOLS AND/OR ITS AFFILIATES BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, OR FOR ANY LOSS OF DATA, REVENUE, BUSINESS OR REPUTATION, THAT ARISES UNDER OR IN CONNECTION WITH THIS AGREEMENT, OR THAT RESULTS FROM THE USE OF, OR THE INABILITY TO USE, THE SOFTWARE. APPLITOOLS’S TOTAL AGGREGATE LIABILITY FOR ANY AND ALL DIRECT DAMAGES AND LOSSES THAT ARISE UNDER OR IN CONNECTION WITH THIS AGREEMENT SHALL NOT IN ANY CIRCUMSTANCE EXCEED THE AMOUNT OF 100.00 (ONE HUNDRED) UNITED STATES DOLLARS. THE FOREGOING LIMITATIONS AND EXCLUSIONS IN THIS SECTION ‎7 SHALL APPLY: (I) EVEN IF APPLITOOLS HAS BEEN ADVISED OF THE POSSIBILITY OF ANY DAMAGES OR LOSSES; (II) EVEN IF ANY REMEDY SET FORTH HEREIN FAILS OF ITS ESSENTIAL PURPOSE; AND (III) REGARDLESS OF THE BASIS OR THEORY OF LIABILITY.\n1. Export Laws. Licensee agrees to comply fully with all U.S., EU, Israeli, and all applicable export laws and regulations to ensure that neither the Software nor any technical data related thereto are exported or re-exported directly or indirectly in violation of, or used for any purposes prohibited by, such laws and regulations. For clarity, and without derogating from Section ‎11 below, in case of any change of any applicable law, policy or regulation, which might affect Applitools’ business, Applitools will have the right to terminate this Agreement and the license granted hereunder and the Licensee shall have no claims regarding such termination. \n1. Term and Termination. This Agreement shall continue until terminated as set forth in this section (the “Term”). You may terminate this Agreement at any time by removing the Software from Your system and destroying all copies of the Software and Documentation relating to the Software. Unauthorized copying of the Software or otherwise failing to comply with this Agreement will result in automatic immediate termination of this Agreement and will make available to Applitools legal remedies. Applitools reserves the right to terminate this Agreement and the License at any time and without notice. Upon termination of this Agreement, the License will terminate and You: (i) will cease any and all rights to use the Software, and (ii) will remove the Software from all hard drives, networks and other storage media and destroy all copies of the Software in your possession or under your control. 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This Agreement are governed by and construed under the laws of the State of Israel, excluding its conflicts of law rules. You expressly agree that the exclusive jurisdiction for any claim or action arising out of or relating to this Agreement shall be the courts located in Tel Aviv, Israel, and You further agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action. 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BY INSTALLING, ACCESSING AND/OR USING THE SOFTWARE (AS DEFINED BELOW), YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOU, OR THE COMPANY YOU REPRESENT, (“YOU” OR “LICENSEE”) ARE ENTERING INTO A LEGAL AGREEMENT WITH APPLITOOLS LTD. AND ITS AFFILIATES (“APPLITOOLS”), AND HAVE UNDERSTOOD AND AGREE TO COMPLY WITH, AND BE LEGALLY BOUND BY, THE TERMS AND CONDITIONS OF THIS AGREEMENT. YOU HEREBY WAIVE ANY RIGHTS OR REQUIREMENTS UNDER ANY LAWS OR REGULATIONS IN ANY JURISDICTION WHICH REQUIRE AN ORIGINAL (NON-ELECTRONIC) SIGNATURE OR DELIVERY OR RETENTION OF NON-ELECTRONIC RECORDS, TO THE EXTENT PERMITTED UNDER APPLICABLE LAW. \nTHE SOFTWARE MAY BE USED SOLELY FOR YOUR PERSONAL, NON-COMMERCIAL PURPOSES. FOR COMMERCIAL PURPOSES PLEASE CONTACT THE REGIONAL APPLITOOLS BUSINESS REPRESENTATIVE. \n1. Definitions. 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License\n   1. Grant of License. Subject to the terms and conditions of this Agreement, Applitools grants You, during the Term, a personal, non-exclusive, non-sublicensable, non-transferable, revocable license to: (i) use the Software solely for Your own personal (non-commercial) use and (ii) use and display Applitools’ Marks solely for the purpose of publicizing or advertising that You are using the Software. \n   2. Documentation. Applitools may make available Documentation to Licensee for Licensee to use solely in connection with Licensee’s use of the Software during the term of this Agreement. Licensee may print or copy the Documentation as needed for its own purposes provided that all copyright notices are included therein. The Documentation shall be considered the Confidential Information of Applitools. \n   1. Reservation of Rights; Use Restrictions. Other than the rights explicitly granted in this Agreement, Licensee shall have no other rights, express or implied, in the Software. Without limiting the generality of the foregoing, Licensee agrees and undertakes not to: (i) allow any third party to use the Software in any manner, including but not limited to, sell, lease, sublicense or distribute the Software, or any part thereof; (ii) modify, revise, or alter the Software or reverse engineer, decompile, disassemble or otherwise reduce to human-perceivable form the Software’s source code; (iii) copy or allow copies of the Software to be made; (iv) remove, alter or obscure any proprietary notice or identification, including copyright, trademark, patent or other notices, contained in or displayed on or via the Software; (v) use the Software to violate any applicable laws, rules or regulations, or for any unlawful, harmful, irresponsible, or inappropriate purpose, or in any manner that breaches this Agreement, and/or (vi) represent that it possesses any proprietary interest in the Software.\n   1. Third Party Software. Licensee acknowledges and agrees that any third party software (“Third Party Software”) that provided with the Software is provided under the terms of the license attached/linked thereto or, if no such license is attached, such Third Party Software is provided for free and on “AS IS” basis. Applitools is not liable for any losses or damages which may occur resulting from the use of any Third Party Software. Applitools does not possess any proprietary interest in such Third Party Software. \n   1. Open Source Licenses. The Software includes certain open source code software and materials (as shall be listed in the documentation of the Software) (“Open Source Software”) that are subject to their respective open source licenses (“Open Source Licenses”). Such Open Source Licenses contain a list of conditions with respect to warranty, copyright policy and other provisions. By executing this Agreement, Licensee undertakes to strictly comply with the terms and condition of the Open Source Licenses, as may be amended from time to time. In order to comply with the Open Source Licenses, Licensee shall read the respective licenses or notices, such list of Open Source Licenses may be amended from time to time by Applitools, at its sole discretion. In the event of any inconsistencies or conflicting provisions between the provisions of the Open Source Licenses and the provisions of this Agreement, the provisions of the Open Source Licenses shall prevail. Without derogating from the generality of the foregoing, it is clarified that any Open Source Software is provided on an “AS IS” basis, without indemnity or warranty of any kind, whether express or implied. For clarity, the representations and warranties set forth in Section ‎4 hereunder shall not apply to any Open Source Software.\n1. Title & Ownership. APPLITOOLS DOES NOT SELL OR TRANSFER TITLE IN THE SOFTWARE, OR ANY PART THEREOF, TO LICENSEE. The Documentation, Software (excluding any Open Source Software and Third Party Software therein which are owned by their respective licensors) and/or any copies thereof, including without limitation any derivative works made (regardless of whether such derivative works were made and/or developed pursuant to the request and/or specifications of Licensee, and irrespective of any support and/or assistance Applitools may, will or had received from Licensee, or any third party on its behalf, with respect thereto), as well as any updates or upgrades thereto, if provided to Applitools pursuant to this Agreement, shall remain Applitools’ sole and exclusive property. All Intellectual Property Rights evidenced by or embodied in and/or attached/connected/related to the Software, or part thereof, are and shall be owned solely and exclusively by Applitools. Nothing in this Agreement shall constitute a waiver of Applitools’ Intellectual Property Rights under any law, or be in any way construed or interpreted as such. It is further agreed that to the extent Licensee provides Applitools with Feedback, Licensee acknowledges that any and all rights, including Intellectual Property Rights in such Feedback shall belong exclusively to Applitools and Licensee hereby irrevocably and unconditionally transfers and assigns to Applitools all intellectual property rights in such Feedback and waives any and all moral rights that Licensee may have in respect thereto. It is further understood that use of Feedback, if any, may be made by Applitools at its sole discretion, and that Applitools in no way shall be obliged to make use of any kind of the Feedback or part thereof. \n1. Warranty. Applitools warrants that to its knowledge it has the right to grant the license under this Agreement. Applitools’ sole liability for any breach of this warranty or any other warranty under this Agreement shall be, at Applitools’ sole discretion: (i) to replace or repair the Software or the applicable portion thereof; or (ii) to terminate this Agreement.\n2. Warranty Exclusions. The warranties set forth in Section ‎4 are contingent upon Licensee’s proper use of the Software, and shall not apply to damage caused by abuse, misuse, alteration, neglect or unauthorized repair or installation, or by the use or attempted use of Software other than that supplied and supported by Applitools. Applitools will use reasonable commercial efforts to repair or replace the Software or the applicable portion thereof, pursuant to the foregoing warranty within thirty (30) days of being so notified.\n1. Warranty Disclaimers. AS BETWEEN LICENSEE AND APPLITOOLS, EXCEPT AS SET IN SECTION ‎4, THE SOFTWARE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND INCLUDING, WITHOUT LIMITATION, REPRESENTATIONS, WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR INTENDED OR PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, THAT THE SOFTWARE WILL MEET LICENSEE’S REQUIREMENTS OR EXPECTATIONS OR WILL ACHIEVE ANY SPECIFIC RESULTS AND THOSE ARISING BY STATUTE OR FROM A COURSE OF DEALING OR USAGE OF TRADE. Applicable law may not allow the exclusion of certain warranties, so to that extent such exclusions may not apply.\n1. High Risk Activities. You acknowledge that the Software is not fault tolerant and is not designed, manufactured, or intended for use or resale as on-line control equipment in hazardous or high risk environments and activities requiring fail-safe performance (such as in the operation of nuclear facilities, aircraft navigation or communication systems, air traffic control, direct life support machines and/or devices, or weapons systems) in which the failure of the Software could lead directly to death, personal injury, or severe physical or environmental damage, and You agree not to use or allow the use of the Software or any portion thereof for, or in connection with, any such environment or activity.\n1. Indemnify. You agree that Applitools shall have no liability whatsoever for any use made of the Software by You or any third party. You hereby agree to defend, indemnify and hold harmless Applitools and its affiliates and their respective officers, directors, agents and employees from any and all claims, damages, liabilities, costs, and expenses (including attorney’s fees) arising from claims related to Your use of the Software as well as from Your failure to comply with this Agreement.\n1. Limitation of Liability. UNDER NO CIRCUMSTANCES SHALL APPLITOOLS AND/OR ITS AFFILIATES BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, OR FOR ANY LOSS OF DATA, REVENUE, BUSINESS OR REPUTATION, THAT ARISES UNDER OR IN CONNECTION WITH THIS AGREEMENT, OR THAT RESULTS FROM THE USE OF, OR THE INABILITY TO USE, THE SOFTWARE. APPLITOOLS’S TOTAL AGGREGATE LIABILITY FOR ANY AND ALL DIRECT DAMAGES AND LOSSES THAT ARISE UNDER OR IN CONNECTION WITH THIS AGREEMENT SHALL NOT IN ANY CIRCUMSTANCE EXCEED THE AMOUNT OF 100.00 (ONE HUNDRED) UNITED STATES DOLLARS. THE FOREGOING LIMITATIONS AND EXCLUSIONS IN THIS SECTION ‎7 SHALL APPLY: (I) EVEN IF APPLITOOLS HAS BEEN ADVISED OF THE POSSIBILITY OF ANY DAMAGES OR LOSSES; (II) EVEN IF ANY REMEDY SET FORTH HEREIN FAILS OF ITS ESSENTIAL PURPOSE; AND (III) REGARDLESS OF THE BASIS OR THEORY OF LIABILITY.\n1. Export Laws. Licensee agrees to comply fully with all U.S., EU, Israeli, and all applicable export laws and regulations to ensure that neither the Software nor any technical data related thereto are exported or re-exported directly or indirectly in violation of, or used for any purposes prohibited by, such laws and regulations. For clarity, and without derogating from Section ‎11 below, in case of any change of any applicable law, policy or regulation, which might affect Applitools’ business, Applitools will have the right to terminate this Agreement and the license granted hereunder and the Licensee shall have no claims regarding such termination. \n1. Term and Termination. This Agreement shall continue until terminated as set forth in this section (the “Term”). You may terminate this Agreement at any time by removing the Software from Your system and destroying all copies of the Software and Documentation relating to the Software. Unauthorized copying of the Software or otherwise failing to comply with this Agreement will result in automatic immediate termination of this Agreement and will make available to Applitools legal remedies. Applitools reserves the right to terminate this Agreement and the License at any time and without notice. Upon termination of this Agreement, the License will terminate and You: (i) will cease any and all rights to use the Software, and (ii) will remove the Software from all hard drives, networks and other storage media and destroy all copies of the Software in your possession or under your control. 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BY INSTALLING, ACCESSING AND/OR USING THE SOFTWARE (AS DEFINED BELOW), YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOU, OR THE COMPANY YOU REPRESENT, (“YOU” OR “LICENSEE”) ARE ENTERING INTO A LEGAL AGREEMENT WITH APPLITOOLS LTD. AND ITS AFFILIATES (“APPLITOOLS”), AND HAVE UNDERSTOOD AND AGREE TO COMPLY WITH, AND BE LEGALLY BOUND BY, THE TERMS AND CONDITIONS OF THIS AGREEMENT. YOU HEREBY WAIVE ANY RIGHTS OR REQUIREMENTS UNDER ANY LAWS OR REGULATIONS IN ANY JURISDICTION WHICH REQUIRE AN ORIGINAL (NON-ELECTRONIC) SIGNATURE OR DELIVERY OR RETENTION OF NON-ELECTRONIC RECORDS, TO THE EXTENT PERMITTED UNDER APPLICABLE LAW. \nTHE SOFTWARE MAY BE USED SOLELY FOR YOUR PERSONAL, NON-COMMERCIAL PURPOSES. FOR COMMERCIAL PURPOSES PLEASE CONTACT THE REGIONAL APPLITOOLS BUSINESS REPRESENTATIVE. \n1. Definitions. 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License\n   1. Grant of License. Subject to the terms and conditions of this Agreement, Applitools grants You, during the Term, a personal, non-exclusive, non-sublicensable, non-transferable, revocable license to: (i) use the Software solely for Your own personal (non-commercial) use and (ii) use and display Applitools’ Marks solely for the purpose of publicizing or advertising that You are using the Software. \n   2. Documentation. Applitools may make available Documentation to Licensee for Licensee to use solely in connection with Licensee’s use of the Software during the term of this Agreement. Licensee may print or copy the Documentation as needed for its own purposes provided that all copyright notices are included therein. The Documentation shall be considered the Confidential Information of Applitools. \n   1. Reservation of Rights; Use Restrictions. Other than the rights explicitly granted in this Agreement, Licensee shall have no other rights, express or implied, in the Software. Without limiting the generality of the foregoing, Licensee agrees and undertakes not to: (i) allow any third party to use the Software in any manner, including but not limited to, sell, lease, sublicense or distribute the Software, or any part thereof; (ii) modify, revise, or alter the Software or reverse engineer, decompile, disassemble or otherwise reduce to human-perceivable form the Software’s source code; (iii) copy or allow copies of the Software to be made; (iv) remove, alter or obscure any proprietary notice or identification, including copyright, trademark, patent or other notices, contained in or displayed on or via the Software; (v) use the Software to violate any applicable laws, rules or regulations, or for any unlawful, harmful, irresponsible, or inappropriate purpose, or in any manner that breaches this Agreement, and/or (vi) represent that it possesses any proprietary interest in the Software.\n   1. Third Party Software. Licensee acknowledges and agrees that any third party software (“Third Party Software”) that provided with the Software is provided under the terms of the license attached/linked thereto or, if no such license is attached, such Third Party Software is provided for free and on “AS IS” basis. Applitools is not liable for any losses or damages which may occur resulting from the use of any Third Party Software. Applitools does not possess any proprietary interest in such Third Party Software. \n   1. Open Source Licenses. The Software includes certain open source code software and materials (as shall be listed in the documentation of the Software) (“Open Source Software”) that are subject to their respective open source licenses (“Open Source Licenses”). Such Open Source Licenses contain a list of conditions with respect to warranty, copyright policy and other provisions. By executing this Agreement, Licensee undertakes to strictly comply with the terms and condition of the Open Source Licenses, as may be amended from time to time. In order to comply with the Open Source Licenses, Licensee shall read the respective licenses or notices, such list of Open Source Licenses may be amended from time to time by Applitools, at its sole discretion. In the event of any inconsistencies or conflicting provisions between the provisions of the Open Source Licenses and the provisions of this Agreement, the provisions of the Open Source Licenses shall prevail. Without derogating from the generality of the foregoing, it is clarified that any Open Source Software is provided on an “AS IS” basis, without indemnity or warranty of any kind, whether express or implied. For clarity, the representations and warranties set forth in Section ‎4 hereunder shall not apply to any Open Source Software.\n1. Title & Ownership. APPLITOOLS DOES NOT SELL OR TRANSFER TITLE IN THE SOFTWARE, OR ANY PART THEREOF, TO LICENSEE. The Documentation, Software (excluding any Open Source Software and Third Party Software therein which are owned by their respective licensors) and/or any copies thereof, including without limitation any derivative works made (regardless of whether such derivative works were made and/or developed pursuant to the request and/or specifications of Licensee, and irrespective of any support and/or assistance Applitools may, will or had received from Licensee, or any third party on its behalf, with respect thereto), as well as any updates or upgrades thereto, if provided to Applitools pursuant to this Agreement, shall remain Applitools’ sole and exclusive property. All Intellectual Property Rights evidenced by or embodied in and/or attached/connected/related to the Software, or part thereof, are and shall be owned solely and exclusively by Applitools. Nothing in this Agreement shall constitute a waiver of Applitools’ Intellectual Property Rights under any law, or be in any way construed or interpreted as such. It is further agreed that to the extent Licensee provides Applitools with Feedback, Licensee acknowledges that any and all rights, including Intellectual Property Rights in such Feedback shall belong exclusively to Applitools and Licensee hereby irrevocably and unconditionally transfers and assigns to Applitools all intellectual property rights in such Feedback and waives any and all moral rights that Licensee may have in respect thereto. It is further understood that use of Feedback, if any, may be made by Applitools at its sole discretion, and that Applitools in no way shall be obliged to make use of any kind of the Feedback or part thereof. \n1. Warranty. Applitools warrants that to its knowledge it has the right to grant the license under this Agreement. Applitools’ sole liability for any breach of this warranty or any other warranty under this Agreement shall be, at Applitools’ sole discretion: (i) to replace or repair the Software or the applicable portion thereof; or (ii) to terminate this Agreement.\n2. Warranty Exclusions. The warranties set forth in Section ‎4 are contingent upon Licensee’s proper use of the Software, and shall not apply to damage caused by abuse, misuse, alteration, neglect or unauthorized repair or installation, or by the use or attempted use of Software other than that supplied and supported by Applitools. Applitools will use reasonable commercial efforts to repair or replace the Software or the applicable portion thereof, pursuant to the foregoing warranty within thirty (30) days of being so notified.\n1. Warranty Disclaimers. AS BETWEEN LICENSEE AND APPLITOOLS, EXCEPT AS SET IN SECTION ‎4, THE SOFTWARE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND INCLUDING, WITHOUT LIMITATION, REPRESENTATIONS, WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR INTENDED OR PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, THAT THE SOFTWARE WILL MEET LICENSEE’S REQUIREMENTS OR EXPECTATIONS OR WILL ACHIEVE ANY SPECIFIC RESULTS AND THOSE ARISING BY STATUTE OR FROM A COURSE OF DEALING OR USAGE OF TRADE. Applicable law may not allow the exclusion of certain warranties, so to that extent such exclusions may not apply.\n1. High Risk Activities. You acknowledge that the Software is not fault tolerant and is not designed, manufactured, or intended for use or resale as on-line control equipment in hazardous or high risk environments and activities requiring fail-safe performance (such as in the operation of nuclear facilities, aircraft navigation or communication systems, air traffic control, direct life support machines and/or devices, or weapons systems) in which the failure of the Software could lead directly to death, personal injury, or severe physical or environmental damage, and You agree not to use or allow the use of the Software or any portion thereof for, or in connection with, any such environment or activity.\n1. Indemnify. You agree that Applitools shall have no liability whatsoever for any use made of the Software by You or any third party. You hereby agree to defend, indemnify and hold harmless Applitools and its affiliates and their respective officers, directors, agents and employees from any and all claims, damages, liabilities, costs, and expenses (including attorney’s fees) arising from claims related to Your use of the Software as well as from Your failure to comply with this Agreement.\n1. Limitation of Liability. UNDER NO CIRCUMSTANCES SHALL APPLITOOLS AND/OR ITS AFFILIATES BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, OR FOR ANY LOSS OF DATA, REVENUE, BUSINESS OR REPUTATION, THAT ARISES UNDER OR IN CONNECTION WITH THIS AGREEMENT, OR THAT RESULTS FROM THE USE OF, OR THE INABILITY TO USE, THE SOFTWARE. APPLITOOLS’S TOTAL AGGREGATE LIABILITY FOR ANY AND ALL DIRECT DAMAGES AND LOSSES THAT ARISE UNDER OR IN CONNECTION WITH THIS AGREEMENT SHALL NOT IN ANY CIRCUMSTANCE EXCEED THE AMOUNT OF 100.00 (ONE HUNDRED) UNITED STATES DOLLARS. THE FOREGOING LIMITATIONS AND EXCLUSIONS IN THIS SECTION ‎7 SHALL APPLY: (I) EVEN IF APPLITOOLS HAS BEEN ADVISED OF THE POSSIBILITY OF ANY DAMAGES OR LOSSES; (II) EVEN IF ANY REMEDY SET FORTH HEREIN FAILS OF ITS ESSENTIAL PURPOSE; AND (III) REGARDLESS OF THE BASIS OR THEORY OF LIABILITY.\n1. Export Laws. Licensee agrees to comply fully with all U.S., EU, Israeli, and all applicable export laws and regulations to ensure that neither the Software nor any technical data related thereto are exported or re-exported directly or indirectly in violation of, or used for any purposes prohibited by, such laws and regulations. For clarity, and without derogating from Section ‎11 below, in case of any change of any applicable law, policy or regulation, which might affect Applitools’ business, Applitools will have the right to terminate this Agreement and the license granted hereunder and the Licensee shall have no claims regarding such termination. \n1. Term and Termination. This Agreement shall continue until terminated as set forth in this section (the “Term”). You may terminate this Agreement at any time by removing the Software from Your system and destroying all copies of the Software and Documentation relating to the Software. Unauthorized copying of the Software or otherwise failing to comply with this Agreement will result in automatic immediate termination of this Agreement and will make available to Applitools legal remedies. Applitools reserves the right to terminate this Agreement and the License at any time and without notice. Upon termination of this Agreement, the License will terminate and You: (i) will cease any and all rights to use the Software, and (ii) will remove the Software from all hard drives, networks and other storage media and destroy all copies of the Software in your possession or under your control. The provisions of Sections ‎2.3, ‎2.4, ‎2.5, ‎6, ‎7, ‎8, ‎9, 10, ‎11 and ‎12 shall survive the termination, expiration or other ending of this Agreement.\n1. Miscellaneous. This Agreement represents the complete agreement concerning the Software between You and Applitools and supersedes all prior agreements and representations between You and Applitools. If any provision of this Agreement is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable. Any waiver of any provision of this Agreement will be effective only if in writing and signed by Applitools. This Agreement is personal to You and may not be assigned or transferred for any reason whatsoever without the consent of Applitools and any action or conduct in violation of the foregoing shall be void and without effect. Applitools expressly reserves the right to assign this Agreement and to delegate any of its obligations hereunder. This Agreement are governed by and construed under the laws of the State of Israel, excluding its conflicts of law rules. You expressly agree that the exclusive jurisdiction for any claim or action arising out of or relating to this Agreement shall be the courts located in Tel Aviv, Israel, and You further agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action. In any action or proceeding to enforce rights under this Agreement, the prevailing party shall be entitled to recover costs and attorneys’ 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BY INSTALLING, ACCESSING AND/OR USING THE SOFTWARE (AS DEFINED BELOW), YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOU, OR THE COMPANY YOU REPRESENT, (“YOU” OR “LICENSEE”) ARE ENTERING INTO A LEGAL AGREEMENT WITH APPLITOOLS LTD. AND ITS AFFILIATES (“APPLITOOLS”), AND HAVE UNDERSTOOD AND AGREE TO COMPLY WITH, AND BE LEGALLY BOUND BY, THE TERMS AND CONDITIONS OF THIS AGREEMENT. YOU HEREBY WAIVE ANY RIGHTS OR REQUIREMENTS UNDER ANY LAWS OR REGULATIONS IN ANY JURISDICTION WHICH REQUIRE AN ORIGINAL (NON-ELECTRONIC) SIGNATURE OR DELIVERY OR RETENTION OF NON-ELECTRONIC RECORDS, TO THE EXTENT PERMITTED UNDER APPLICABLE LAW. \nTHE SOFTWARE MAY BE USED SOLELY FOR YOUR PERSONAL, NON-COMMERCIAL PURPOSES. FOR COMMERCIAL PURPOSES PLEASE CONTACT THE REGIONAL APPLITOOLS BUSINESS REPRESENTATIVE. \n1. Definitions. For purposes of this Agreement, the following capitalized terms shall have the following meaning:\n   1. “Documentation” means the user’s guides and technical manuals delivered by Applitools to Licensee.\n   2.  “Feedback” means suggestions, comments or feedback (whether orally or in writing) with respect to the Software.\n   3. “Intellectual Property Rights” means all intangible legal rights, titles and interests evidenced by or embodied in all: (i) inventions (regardless of patentability and whether or not reduced to practice), improvements thereto, patents, patent applications, patent disclosures, together with all reissuances, continuations, continuations in part, revisions, extensions and reexaminations thereof; (ii) trademarks, service marks, trade dress, logos, trade names, corporate names, together with translations, adaptations, derivations and combinations thereof, including goodwill associated therewith, and applications, registrations, and renewals in connection therewith; (iii) any work of authorship, regardless of copyrightable, copyrightable works, copyrights (including moral rights), and applications, registrations and renewals in connection therewith; (iv) mask works and applications, registrations and renewals in connection therewith; (v) trade secrets and Confidential Information; and (vi) other proprietary rights and any other similar rights, in each case on a worldwide basis, and copies and tangible embodiments thereof, in whatever form or medium.\n   4. “License” means the right to use the Software pursuant to Section ‎2.1 to this Agreement.\n   5.  “Software” means Applitools’ software development kit software in object or source code version, Documentation and any updates and upgrade thereto (to the extent delivered).\n1. License\n   1. Grant of License. Subject to the terms and conditions of this Agreement, Applitools grants You, during the Term, a personal, non-exclusive, non-sublicensable, non-transferable, revocable license to: (i) use the Software solely for Your own personal (non-commercial) use and (ii) use and display Applitools’ Marks solely for the purpose of publicizing or advertising that You are using the Software. \n   2. Documentation. Applitools may make available Documentation to Licensee for Licensee to use solely in connection with Licensee’s use of the Software during the term of this Agreement. Licensee may print or copy the Documentation as needed for its own purposes provided that all copyright notices are included therein. The Documentation shall be considered the Confidential Information of Applitools. \n   1. Reservation of Rights; Use Restrictions. Other than the rights explicitly granted in this Agreement, Licensee shall have no other rights, express or implied, in the Software. Without limiting the generality of the foregoing, Licensee agrees and undertakes not to: (i) allow any third party to use the Software in any manner, including but not limited to, sell, lease, sublicense or distribute the Software, or any part thereof; (ii) modify, revise, or alter the Software or reverse engineer, decompile, disassemble or otherwise reduce to human-perceivable form the Software’s source code; (iii) copy or allow copies of the Software to be made; (iv) remove, alter or obscure any proprietary notice or identification, including copyright, trademark, patent or other notices, contained in or displayed on or via the Software; (v) use the Software to violate any applicable laws, rules or regulations, or for any unlawful, harmful, irresponsible, or inappropriate purpose, or in any manner that breaches this Agreement, and/or (vi) represent that it possesses any proprietary interest in the Software.\n   1. Third Party Software. Licensee acknowledges and agrees that any third party software (“Third Party Software”) that provided with the Software is provided under the terms of the license attached/linked thereto or, if no such license is attached, such Third Party Software is provided for free and on “AS IS” basis. Applitools is not liable for any losses or damages which may occur resulting from the use of any Third Party Software. Applitools does not possess any proprietary interest in such Third Party Software. \n   1. Open Source Licenses. The Software includes certain open source code software and materials (as shall be listed in the documentation of the Software) (“Open Source Software”) that are subject to their respective open source licenses (“Open Source Licenses”). Such Open Source Licenses contain a list of conditions with respect to warranty, copyright policy and other provisions. By executing this Agreement, Licensee undertakes to strictly comply with the terms and condition of the Open Source Licenses, as may be amended from time to time. In order to comply with the Open Source Licenses, Licensee shall read the respective licenses or notices, such list of Open Source Licenses may be amended from time to time by Applitools, at its sole discretion. In the event of any inconsistencies or conflicting provisions between the provisions of the Open Source Licenses and the provisions of this Agreement, the provisions of the Open Source Licenses shall prevail. Without derogating from the generality of the foregoing, it is clarified that any Open Source Software is provided on an “AS IS” basis, without indemnity or warranty of any kind, whether express or implied. For clarity, the representations and warranties set forth in Section ‎4 hereunder shall not apply to any Open Source Software.\n1. Title & Ownership. APPLITOOLS DOES NOT SELL OR TRANSFER TITLE IN THE SOFTWARE, OR ANY PART THEREOF, TO LICENSEE. The Documentation, Software (excluding any Open Source Software and Third Party Software therein which are owned by their respective licensors) and/or any copies thereof, including without limitation any derivative works made (regardless of whether such derivative works were made and/or developed pursuant to the request and/or specifications of Licensee, and irrespective of any support and/or assistance Applitools may, will or had received from Licensee, or any third party on its behalf, with respect thereto), as well as any updates or upgrades thereto, if provided to Applitools pursuant to this Agreement, shall remain Applitools’ sole and exclusive property. All Intellectual Property Rights evidenced by or embodied in and/or attached/connected/related to the Software, or part thereof, are and shall be owned solely and exclusively by Applitools. Nothing in this Agreement shall constitute a waiver of Applitools’ Intellectual Property Rights under any law, or be in any way construed or interpreted as such. It is further agreed that to the extent Licensee provides Applitools with Feedback, Licensee acknowledges that any and all rights, including Intellectual Property Rights in such Feedback shall belong exclusively to Applitools and Licensee hereby irrevocably and unconditionally transfers and assigns to Applitools all intellectual property rights in such Feedback and waives any and all moral rights that Licensee may have in respect thereto. It is further understood that use of Feedback, if any, may be made by Applitools at its sole discretion, and that Applitools in no way shall be obliged to make use of any kind of the Feedback or part thereof. \n1. Warranty. Applitools warrants that to its knowledge it has the right to grant the license under this Agreement. Applitools’ sole liability for any breach of this warranty or any other warranty under this Agreement shall be, at Applitools’ sole discretion: (i) to replace or repair the Software or the applicable portion thereof; or (ii) to terminate this Agreement.\n2. Warranty Exclusions. The warranties set forth in Section ‎4 are contingent upon Licensee’s proper use of the Software, and shall not apply to damage caused by abuse, misuse, alteration, neglect or unauthorized repair or installation, or by the use or attempted use of Software other than that supplied and supported by Applitools. Applitools will use reasonable commercial efforts to repair or replace the Software or the applicable portion thereof, pursuant to the foregoing warranty within thirty (30) days of being so notified.\n1. Warranty Disclaimers. AS BETWEEN LICENSEE AND APPLITOOLS, EXCEPT AS SET IN SECTION ‎4, THE SOFTWARE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND INCLUDING, WITHOUT LIMITATION, REPRESENTATIONS, WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR INTENDED OR PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, THAT THE SOFTWARE WILL MEET LICENSEE’S REQUIREMENTS OR EXPECTATIONS OR WILL ACHIEVE ANY SPECIFIC RESULTS AND THOSE ARISING BY STATUTE OR FROM A COURSE OF DEALING OR USAGE OF TRADE. Applicable law may not allow the exclusion of certain warranties, so to that extent such exclusions may not apply.\n1. High Risk Activities. You acknowledge that the Software is not fault tolerant and is not designed, manufactured, or intended for use or resale as on-line control equipment in hazardous or high risk environments and activities requiring fail-safe performance (such as in the operation of nuclear facilities, aircraft navigation or communication systems, air traffic control, direct life support machines and/or devices, or weapons systems) in which the failure of the Software could lead directly to death, personal injury, or severe physical or environmental damage, and You agree not to use or allow the use of the Software or any portion thereof for, or in connection with, any such environment or activity.\n1. Indemnify. You agree that Applitools shall have no liability whatsoever for any use made of the Software by You or any third party. You hereby agree to defend, indemnify and hold harmless Applitools and its affiliates and their respective officers, directors, agents and employees from any and all claims, damages, liabilities, costs, and expenses (including attorney’s fees) arising from claims related to Your use of the Software as well as from Your failure to comply with this Agreement.\n1. Limitation of Liability. UNDER NO CIRCUMSTANCES SHALL APPLITOOLS AND/OR ITS AFFILIATES BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, OR FOR ANY LOSS OF DATA, REVENUE, BUSINESS OR REPUTATION, THAT ARISES UNDER OR IN CONNECTION WITH THIS AGREEMENT, OR THAT RESULTS FROM THE USE OF, OR THE INABILITY TO USE, THE SOFTWARE. APPLITOOLS’S TOTAL AGGREGATE LIABILITY FOR ANY AND ALL DIRECT DAMAGES AND LOSSES THAT ARISE UNDER OR IN CONNECTION WITH THIS AGREEMENT SHALL NOT IN ANY CIRCUMSTANCE EXCEED THE AMOUNT OF 100.00 (ONE HUNDRED) UNITED STATES DOLLARS. THE FOREGOING LIMITATIONS AND EXCLUSIONS IN THIS SECTION ‎7 SHALL APPLY: (I) EVEN IF APPLITOOLS HAS BEEN ADVISED OF THE POSSIBILITY OF ANY DAMAGES OR LOSSES; (II) EVEN IF ANY REMEDY SET FORTH HEREIN FAILS OF ITS ESSENTIAL PURPOSE; AND (III) REGARDLESS OF THE BASIS OR THEORY OF LIABILITY.\n1. Export Laws. Licensee agrees to comply fully with all U.S., EU, Israeli, and all applicable export laws and regulations to ensure that neither the Software nor any technical data related thereto are exported or re-exported directly or indirectly in violation of, or used for any purposes prohibited by, such laws and regulations. For clarity, and without derogating from Section ‎11 below, in case of any change of any applicable law, policy or regulation, which might affect Applitools’ business, Applitools will have the right to terminate this Agreement and the license granted hereunder and the Licensee shall have no claims regarding such termination. \n1. Term and Termination. This Agreement shall continue until terminated as set forth in this section (the “Term”). You may terminate this Agreement at any time by removing the Software from Your system and destroying all copies of the Software and Documentation relating to the Software. Unauthorized copying of the Software or otherwise failing to comply with this Agreement will result in automatic immediate termination of this Agreement and will make available to Applitools legal remedies. Applitools reserves the right to terminate this Agreement and the License at any time and without notice. Upon termination of this Agreement, the License will terminate and You: (i) will cease any and all rights to use the Software, and (ii) will remove the Software from all hard drives, networks and other storage media and destroy all copies of the Software in your possession or under your control. The provisions of Sections ‎2.3, ‎2.4, ‎2.5, ‎6, ‎7, ‎8, ‎9, 10, ‎11 and ‎12 shall survive the termination, expiration or other ending of this Agreement.\n1. Miscellaneous. This Agreement represents the complete agreement concerning the Software between You and Applitools and supersedes all prior agreements and representations between You and Applitools. If any provision of this Agreement is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable. Any waiver of any provision of this Agreement will be effective only if in writing and signed by Applitools. This Agreement is personal to You and may not be assigned or transferred for any reason whatsoever without the consent of Applitools and any action or conduct in violation of the foregoing shall be void and without effect. Applitools expressly reserves the right to assign this Agreement and to delegate any of its obligations hereunder. 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BY INSTALLING, ACCESSING AND/OR USING THE SOFTWARE (AS DEFINED BELOW), YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOU, OR THE COMPANY YOU REPRESENT, (“YOU” OR “LICENSEE”) ARE ENTERING INTO A LEGAL AGREEMENT WITH APPLITOOLS LTD. AND ITS AFFILIATES (“APPLITOOLS”), AND HAVE UNDERSTOOD AND AGREE TO COMPLY WITH, AND BE LEGALLY BOUND BY, THE TERMS AND CONDITIONS OF THIS AGREEMENT. YOU HEREBY WAIVE ANY RIGHTS OR REQUIREMENTS UNDER ANY LAWS OR REGULATIONS IN ANY JURISDICTION WHICH REQUIRE AN ORIGINAL (NON-ELECTRONIC) SIGNATURE OR DELIVERY OR RETENTION OF NON-ELECTRONIC RECORDS, TO THE EXTENT PERMITTED UNDER APPLICABLE LAW. \nTHE SOFTWARE MAY BE USED SOLELY FOR YOUR PERSONAL, NON-COMMERCIAL PURPOSES. FOR COMMERCIAL PURPOSES PLEASE CONTACT THE REGIONAL APPLITOOLS BUSINESS REPRESENTATIVE. \n1. Definitions. For purposes of this Agreement, the following capitalized terms shall have the following meaning:\n   1. “Documentation” means the user’s guides and technical manuals delivered by Applitools to Licensee.\n   2.  “Feedback” means suggestions, comments or feedback (whether orally or in writing) with respect to the Software.\n   3. “Intellectual Property Rights” means all intangible legal rights, titles and interests evidenced by or embodied in all: (i) inventions (regardless of patentability and whether or not reduced to practice), improvements thereto, patents, patent applications, patent disclosures, together with all reissuances, continuations, continuations in part, revisions, extensions and reexaminations thereof; (ii) trademarks, service marks, trade dress, logos, trade names, corporate names, together with translations, adaptations, derivations and combinations thereof, including goodwill associated therewith, and applications, registrations, and renewals in connection therewith; (iii) any work of authorship, regardless of copyrightable, copyrightable works, copyrights (including moral rights), and applications, registrations and renewals in connection therewith; (iv) mask works and applications, registrations and renewals in connection therewith; (v) trade secrets and Confidential Information; and (vi) other proprietary rights and any other similar rights, in each case on a worldwide basis, and copies and tangible embodiments thereof, in whatever form or medium.\n   4. “License” means the right to use the Software pursuant to Section ‎2.1 to this Agreement.\n   5.  “Software” means Applitools’ software development kit software in object or source code version, Documentation and any updates and upgrade thereto (to the extent delivered).\n1. License\n   1. Grant of License. Subject to the terms and conditions of this Agreement, Applitools grants You, during the Term, a personal, non-exclusive, non-sublicensable, non-transferable, revocable license to: (i) use the Software solely for Your own personal (non-commercial) use and (ii) use and display Applitools’ Marks solely for the purpose of publicizing or advertising that You are using the Software. \n   2. Documentation. Applitools may make available Documentation to Licensee for Licensee to use solely in connection with Licensee’s use of the Software during the term of this Agreement. Licensee may print or copy the Documentation as needed for its own purposes provided that all copyright notices are included therein. The Documentation shall be considered the Confidential Information of Applitools. \n   1. Reservation of Rights; Use Restrictions. Other than the rights explicitly granted in this Agreement, Licensee shall have no other rights, express or implied, in the Software. Without limiting the generality of the foregoing, Licensee agrees and undertakes not to: (i) allow any third party to use the Software in any manner, including but not limited to, sell, lease, sublicense or distribute the Software, or any part thereof; (ii) modify, revise, or alter the Software or reverse engineer, decompile, disassemble or otherwise reduce to human-perceivable form the Software’s source code; (iii) copy or allow copies of the Software to be made; (iv) remove, alter or obscure any proprietary notice or identification, including copyright, trademark, patent or other notices, contained in or displayed on or via the Software; (v) use the Software to violate any applicable laws, rules or regulations, or for any unlawful, harmful, irresponsible, or inappropriate purpose, or in any manner that breaches this Agreement, and/or (vi) represent that it possesses any proprietary interest in the Software.\n   1. Third Party Software. Licensee acknowledges and agrees that any third party software (“Third Party Software”) that provided with the Software is provided under the terms of the license attached/linked thereto or, if no such license is attached, such Third Party Software is provided for free and on “AS IS” basis. Applitools is not liable for any losses or damages which may occur resulting from the use of any Third Party Software. Applitools does not possess any proprietary interest in such Third Party Software. \n   1. Open Source Licenses. The Software includes certain open source code software and materials (as shall be listed in the documentation of the Software) (“Open Source Software”) that are subject to their respective open source licenses (“Open Source Licenses”). Such Open Source Licenses contain a list of conditions with respect to warranty, copyright policy and other provisions. By executing this Agreement, Licensee undertakes to strictly comply with the terms and condition of the Open Source Licenses, as may be amended from time to time. In order to comply with the Open Source Licenses, Licensee shall read the respective licenses or notices, such list of Open Source Licenses may be amended from time to time by Applitools, at its sole discretion. In the event of any inconsistencies or conflicting provisions between the provisions of the Open Source Licenses and the provisions of this Agreement, the provisions of the Open Source Licenses shall prevail. Without derogating from the generality of the foregoing, it is clarified that any Open Source Software is provided on an “AS IS” basis, without indemnity or warranty of any kind, whether express or implied. For clarity, the representations and warranties set forth in Section ‎4 hereunder shall not apply to any Open Source Software.\n1. Title & Ownership. APPLITOOLS DOES NOT SELL OR TRANSFER TITLE IN THE SOFTWARE, OR ANY PART THEREOF, TO LICENSEE. The Documentation, Software (excluding any Open Source Software and Third Party Software therein which are owned by their respective licensors) and/or any copies thereof, including without limitation any derivative works made (regardless of whether such derivative works were made and/or developed pursuant to the request and/or specifications of Licensee, and irrespective of any support and/or assistance Applitools may, will or had received from Licensee, or any third party on its behalf, with respect thereto), as well as any updates or upgrades thereto, if provided to Applitools pursuant to this Agreement, shall remain Applitools’ sole and exclusive property. All Intellectual Property Rights evidenced by or embodied in and/or attached/connected/related to the Software, or part thereof, are and shall be owned solely and exclusively by Applitools. Nothing in this Agreement shall constitute a waiver of Applitools’ Intellectual Property Rights under any law, or be in any way construed or interpreted as such. It is further agreed that to the extent Licensee provides Applitools with Feedback, Licensee acknowledges that any and all rights, including Intellectual Property Rights in such Feedback shall belong exclusively to Applitools and Licensee hereby irrevocably and unconditionally transfers and assigns to Applitools all intellectual property rights in such Feedback and waives any and all moral rights that Licensee may have in respect thereto. It is further understood that use of Feedback, if any, may be made by Applitools at its sole discretion, and that Applitools in no way shall be obliged to make use of any kind of the Feedback or part thereof. \n1. Warranty. Applitools warrants that to its knowledge it has the right to grant the license under this Agreement. Applitools’ sole liability for any breach of this warranty or any other warranty under this Agreement shall be, at Applitools’ sole discretion: (i) to replace or repair the Software or the applicable portion thereof; or (ii) to terminate this Agreement.\n2. Warranty Exclusions. The warranties set forth in Section ‎4 are contingent upon Licensee’s proper use of the Software, and shall not apply to damage caused by abuse, misuse, alteration, neglect or unauthorized repair or installation, or by the use or attempted use of Software other than that supplied and supported by Applitools. Applitools will use reasonable commercial efforts to repair or replace the Software or the applicable portion thereof, pursuant to the foregoing warranty within thirty (30) days of being so notified.\n1. Warranty Disclaimers. AS BETWEEN LICENSEE AND APPLITOOLS, EXCEPT AS SET IN SECTION ‎4, THE SOFTWARE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND INCLUDING, WITHOUT LIMITATION, REPRESENTATIONS, WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR INTENDED OR PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, THAT THE SOFTWARE WILL MEET LICENSEE’S REQUIREMENTS OR EXPECTATIONS OR WILL ACHIEVE ANY SPECIFIC RESULTS AND THOSE ARISING BY STATUTE OR FROM A COURSE OF DEALING OR USAGE OF TRADE. Applicable law may not allow the exclusion of certain warranties, so to that extent such exclusions may not apply.\n1. High Risk Activities. You acknowledge that the Software is not fault tolerant and is not designed, manufactured, or intended for use or resale as on-line control equipment in hazardous or high risk environments and activities requiring fail-safe performance (such as in the operation of nuclear facilities, aircraft navigation or communication systems, air traffic control, direct life support machines and/or devices, or weapons systems) in which the failure of the Software could lead directly to death, personal injury, or severe physical or environmental damage, and You agree not to use or allow the use of the Software or any portion thereof for, or in connection with, any such environment or activity.\n1. Indemnify. You agree that Applitools shall have no liability whatsoever for any use made of the Software by You or any third party. You hereby agree to defend, indemnify and hold harmless Applitools and its affiliates and their respective officers, directors, agents and employees from any and all claims, damages, liabilities, costs, and expenses (including attorney’s fees) arising from claims related to Your use of the Software as well as from Your failure to comply with this Agreement.\n1. Limitation of Liability. UNDER NO CIRCUMSTANCES SHALL APPLITOOLS AND/OR ITS AFFILIATES BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, OR FOR ANY LOSS OF DATA, REVENUE, BUSINESS OR REPUTATION, THAT ARISES UNDER OR IN CONNECTION WITH THIS AGREEMENT, OR THAT RESULTS FROM THE USE OF, OR THE INABILITY TO USE, THE SOFTWARE. APPLITOOLS’S TOTAL AGGREGATE LIABILITY FOR ANY AND ALL DIRECT DAMAGES AND LOSSES THAT ARISE UNDER OR IN CONNECTION WITH THIS AGREEMENT SHALL NOT IN ANY CIRCUMSTANCE EXCEED THE AMOUNT OF 100.00 (ONE HUNDRED) UNITED STATES DOLLARS. THE FOREGOING LIMITATIONS AND EXCLUSIONS IN THIS SECTION ‎7 SHALL APPLY: (I) EVEN IF APPLITOOLS HAS BEEN ADVISED OF THE POSSIBILITY OF ANY DAMAGES OR LOSSES; (II) EVEN IF ANY REMEDY SET FORTH HEREIN FAILS OF ITS ESSENTIAL PURPOSE; AND (III) REGARDLESS OF THE BASIS OR THEORY OF LIABILITY.\n1. Export Laws. Licensee agrees to comply fully with all U.S., EU, Israeli, and all applicable export laws and regulations to ensure that neither the Software nor any technical data related thereto are exported or re-exported directly or indirectly in violation of, or used for any purposes prohibited by, such laws and regulations. For clarity, and without derogating from Section ‎11 below, in case of any change of any applicable law, policy or regulation, which might affect Applitools’ business, Applitools will have the right to terminate this Agreement and the license granted hereunder and the Licensee shall have no claims regarding such termination. \n1. Term and Termination. This Agreement shall continue until terminated as set forth in this section (the “Term”). You may terminate this Agreement at any time by removing the Software from Your system and destroying all copies of the Software and Documentation relating to the Software. Unauthorized copying of the Software or otherwise failing to comply with this Agreement will result in automatic immediate termination of this Agreement and will make available to Applitools legal remedies. Applitools reserves the right to terminate this Agreement and the License at any time and without notice. Upon termination of this Agreement, the License will terminate and You: (i) will cease any and all rights to use the Software, and (ii) will remove the Software from all hard drives, networks and other storage media and destroy all copies of the Software in your possession or under your control. The provisions of Sections ‎2.3, ‎2.4, ‎2.5, ‎6, ‎7, ‎8, ‎9, 10, ‎11 and ‎12 shall survive the termination, expiration or other ending of this Agreement.\n1. Miscellaneous. This Agreement represents the complete agreement concerning the Software between You and Applitools and supersedes all prior agreements and representations between You and Applitools. If any provision of this Agreement is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable. Any waiver of any provision of this Agreement will be effective only if in writing and signed by Applitools. This Agreement is personal to You and may not be assigned or transferred for any reason whatsoever without the consent of Applitools and any action or conduct in violation of the foregoing shall be void and without effect. Applitools expressly reserves the right to assign this Agreement and to delegate any of its obligations hereunder. This Agreement are governed by and construed under the laws of the State of Israel, excluding its conflicts of law rules. You expressly agree that the exclusive jurisdiction for any claim or action arising out of or relating to this Agreement shall be the courts located in Tel Aviv, Israel, and You further agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action. In any action or proceeding to enforce rights under this Agreement, the prevailing party shall be entitled to recover costs and attorneys’ 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BY INSTALLING, ACCESSING AND/OR USING THE SOFTWARE (AS DEFINED BELOW), YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOU, OR THE COMPANY YOU REPRESENT, (“YOU” OR “LICENSEE”) ARE ENTERING INTO A LEGAL AGREEMENT WITH APPLITOOLS LTD. AND ITS AFFILIATES (“APPLITOOLS”), AND HAVE UNDERSTOOD AND AGREE TO COMPLY WITH, AND BE LEGALLY BOUND BY, THE TERMS AND CONDITIONS OF THIS AGREEMENT. YOU HEREBY WAIVE ANY RIGHTS OR REQUIREMENTS UNDER ANY LAWS OR REGULATIONS IN ANY JURISDICTION WHICH REQUIRE AN ORIGINAL (NON-ELECTRONIC) SIGNATURE OR DELIVERY OR RETENTION OF NON-ELECTRONIC RECORDS, TO THE EXTENT PERMITTED UNDER APPLICABLE LAW. \nTHE SOFTWARE MAY BE USED SOLELY FOR YOUR PERSONAL, NON-COMMERCIAL PURPOSES. FOR COMMERCIAL PURPOSES PLEASE CONTACT THE REGIONAL APPLITOOLS BUSINESS REPRESENTATIVE. \n1. Definitions. For purposes of this Agreement, the following capitalized terms shall have the following meaning:\n   1. “Documentation” means the user’s guides and technical manuals delivered by Applitools to Licensee.\n   2.  “Feedback” means suggestions, comments or feedback (whether orally or in writing) with respect to the Software.\n   3. “Intellectual Property Rights” means all intangible legal rights, titles and interests evidenced by or embodied in all: (i) inventions (regardless of patentability and whether or not reduced to practice), improvements thereto, patents, patent applications, patent disclosures, together with all reissuances, continuations, continuations in part, revisions, extensions and reexaminations thereof; (ii) trademarks, service marks, trade dress, logos, trade names, corporate names, together with translations, adaptations, derivations and combinations thereof, including goodwill associated therewith, and applications, registrations, and renewals in connection therewith; (iii) any work of authorship, regardless of copyrightable, copyrightable works, copyrights (including moral rights), and applications, registrations and renewals in connection therewith; (iv) mask works and applications, registrations and renewals in connection therewith; (v) trade secrets and Confidential Information; and (vi) other proprietary rights and any other similar rights, in each case on a worldwide basis, and copies and tangible embodiments thereof, in whatever form or medium.\n   4. “License” means the right to use the Software pursuant to Section ‎2.1 to this Agreement.\n   5.  “Software” means Applitools’ software development kit software in object or source code version, Documentation and any updates and upgrade thereto (to the extent delivered).\n1. License\n   1. Grant of License. Subject to the terms and conditions of this Agreement, Applitools grants You, during the Term, a personal, non-exclusive, non-sublicensable, non-transferable, revocable license to: (i) use the Software solely for Your own personal (non-commercial) use and (ii) use and display Applitools’ Marks solely for the purpose of publicizing or advertising that You are using the Software. \n   2. Documentation. Applitools may make available Documentation to Licensee for Licensee to use solely in connection with Licensee’s use of the Software during the term of this Agreement. Licensee may print or copy the Documentation as needed for its own purposes provided that all copyright notices are included therein. The Documentation shall be considered the Confidential Information of Applitools. \n   1. Reservation of Rights; Use Restrictions. Other than the rights explicitly granted in this Agreement, Licensee shall have no other rights, express or implied, in the Software. Without limiting the generality of the foregoing, Licensee agrees and undertakes not to: (i) allow any third party to use the Software in any manner, including but not limited to, sell, lease, sublicense or distribute the Software, or any part thereof; (ii) modify, revise, or alter the Software or reverse engineer, decompile, disassemble or otherwise reduce to human-perceivable form the Software’s source code; (iii) copy or allow copies of the Software to be made; (iv) remove, alter or obscure any proprietary notice or identification, including copyright, trademark, patent or other notices, contained in or displayed on or via the Software; (v) use the Software to violate any applicable laws, rules or regulations, or for any unlawful, harmful, irresponsible, or inappropriate purpose, or in any manner that breaches this Agreement, and/or (vi) represent that it possesses any proprietary interest in the Software.\n   1. Third Party Software. Licensee acknowledges and agrees that any third party software (“Third Party Software”) that provided with the Software is provided under the terms of the license attached/linked thereto or, if no such license is attached, such Third Party Software is provided for free and on “AS IS” basis. Applitools is not liable for any losses or damages which may occur resulting from the use of any Third Party Software. Applitools does not possess any proprietary interest in such Third Party Software. \n   1. Open Source Licenses. The Software includes certain open source code software and materials (as shall be listed in the documentation of the Software) (“Open Source Software”) that are subject to their respective open source licenses (“Open Source Licenses”). Such Open Source Licenses contain a list of conditions with respect to warranty, copyright policy and other provisions. By executing this Agreement, Licensee undertakes to strictly comply with the terms and condition of the Open Source Licenses, as may be amended from time to time. In order to comply with the Open Source Licenses, Licensee shall read the respective licenses or notices, such list of Open Source Licenses may be amended from time to time by Applitools, at its sole discretion. In the event of any inconsistencies or conflicting provisions between the provisions of the Open Source Licenses and the provisions of this Agreement, the provisions of the Open Source Licenses shall prevail. Without derogating from the generality of the foregoing, it is clarified that any Open Source Software is provided on an “AS IS” basis, without indemnity or warranty of any kind, whether express or implied. For clarity, the representations and warranties set forth in Section ‎4 hereunder shall not apply to any Open Source Software.\n1. Title & Ownership. APPLITOOLS DOES NOT SELL OR TRANSFER TITLE IN THE SOFTWARE, OR ANY PART THEREOF, TO LICENSEE. The Documentation, Software (excluding any Open Source Software and Third Party Software therein which are owned by their respective licensors) and/or any copies thereof, including without limitation any derivative works made (regardless of whether such derivative works were made and/or developed pursuant to the request and/or specifications of Licensee, and irrespective of any support and/or assistance Applitools may, will or had received from Licensee, or any third party on its behalf, with respect thereto), as well as any updates or upgrades thereto, if provided to Applitools pursuant to this Agreement, shall remain Applitools’ sole and exclusive property. All Intellectual Property Rights evidenced by or embodied in and/or attached/connected/related to the Software, or part thereof, are and shall be owned solely and exclusively by Applitools. Nothing in this Agreement shall constitute a waiver of Applitools’ Intellectual Property Rights under any law, or be in any way construed or interpreted as such. It is further agreed that to the extent Licensee provides Applitools with Feedback, Licensee acknowledges that any and all rights, including Intellectual Property Rights in such Feedback shall belong exclusively to Applitools and Licensee hereby irrevocably and unconditionally transfers and assigns to Applitools all intellectual property rights in such Feedback and waives any and all moral rights that Licensee may have in respect thereto. It is further understood that use of Feedback, if any, may be made by Applitools at its sole discretion, and that Applitools in no way shall be obliged to make use of any kind of the Feedback or part thereof. \n1. Warranty. Applitools warrants that to its knowledge it has the right to grant the license under this Agreement. Applitools’ sole liability for any breach of this warranty or any other warranty under this Agreement shall be, at Applitools’ sole discretion: (i) to replace or repair the Software or the applicable portion thereof; or (ii) to terminate this Agreement.\n2. Warranty Exclusions. The warranties set forth in Section ‎4 are contingent upon Licensee’s proper use of the Software, and shall not apply to damage caused by abuse, misuse, alteration, neglect or unauthorized repair or installation, or by the use or attempted use of Software other than that supplied and supported by Applitools. Applitools will use reasonable commercial efforts to repair or replace the Software or the applicable portion thereof, pursuant to the foregoing warranty within thirty (30) days of being so notified.\n1. Warranty Disclaimers. AS BETWEEN LICENSEE AND APPLITOOLS, EXCEPT AS SET IN SECTION ‎4, THE SOFTWARE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND INCLUDING, WITHOUT LIMITATION, REPRESENTATIONS, WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR INTENDED OR PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, THAT THE SOFTWARE WILL MEET LICENSEE’S REQUIREMENTS OR EXPECTATIONS OR WILL ACHIEVE ANY SPECIFIC RESULTS AND THOSE ARISING BY STATUTE OR FROM A COURSE OF DEALING OR USAGE OF TRADE. Applicable law may not allow the exclusion of certain warranties, so to that extent such exclusions may not apply.\n1. High Risk Activities. You acknowledge that the Software is not fault tolerant and is not designed, manufactured, or intended for use or resale as on-line control equipment in hazardous or high risk environments and activities requiring fail-safe performance (such as in the operation of nuclear facilities, aircraft navigation or communication systems, air traffic control, direct life support machines and/or devices, or weapons systems) in which the failure of the Software could lead directly to death, personal injury, or severe physical or environmental damage, and You agree not to use or allow the use of the Software or any portion thereof for, or in connection with, any such environment or activity.\n1. Indemnify. You agree that Applitools shall have no liability whatsoever for any use made of the Software by You or any third party. You hereby agree to defend, indemnify and hold harmless Applitools and its affiliates and their respective officers, directors, agents and employees from any and all claims, damages, liabilities, costs, and expenses (including attorney’s fees) arising from claims related to Your use of the Software as well as from Your failure to comply with this Agreement.\n1. Limitation of Liability. UNDER NO CIRCUMSTANCES SHALL APPLITOOLS AND/OR ITS AFFILIATES BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, OR FOR ANY LOSS OF DATA, REVENUE, BUSINESS OR REPUTATION, THAT ARISES UNDER OR IN CONNECTION WITH THIS AGREEMENT, OR THAT RESULTS FROM THE USE OF, OR THE INABILITY TO USE, THE SOFTWARE. APPLITOOLS’S TOTAL AGGREGATE LIABILITY FOR ANY AND ALL DIRECT DAMAGES AND LOSSES THAT ARISE UNDER OR IN CONNECTION WITH THIS AGREEMENT SHALL NOT IN ANY CIRCUMSTANCE EXCEED THE AMOUNT OF 100.00 (ONE HUNDRED) UNITED STATES DOLLARS. THE FOREGOING LIMITATIONS AND EXCLUSIONS IN THIS SECTION ‎7 SHALL APPLY: (I) EVEN IF APPLITOOLS HAS BEEN ADVISED OF THE POSSIBILITY OF ANY DAMAGES OR LOSSES; (II) EVEN IF ANY REMEDY SET FORTH HEREIN FAILS OF ITS ESSENTIAL PURPOSE; AND (III) REGARDLESS OF THE BASIS OR THEORY OF LIABILITY.\n1. Export Laws. Licensee agrees to comply fully with all U.S., EU, Israeli, and all applicable export laws and regulations to ensure that neither the Software nor any technical data related thereto are exported or re-exported directly or indirectly in violation of, or used for any purposes prohibited by, such laws and regulations. For clarity, and without derogating from Section ‎11 below, in case of any change of any applicable law, policy or regulation, which might affect Applitools’ business, Applitools will have the right to terminate this Agreement and the license granted hereunder and the Licensee shall have no claims regarding such termination. \n1. Term and Termination. This Agreement shall continue until terminated as set forth in this section (the “Term”). You may terminate this Agreement at any time by removing the Software from Your system and destroying all copies of the Software and Documentation relating to the Software. Unauthorized copying of the Software or otherwise failing to comply with this Agreement will result in automatic immediate termination of this Agreement and will make available to Applitools legal remedies. Applitools reserves the right to terminate this Agreement and the License at any time and without notice. Upon termination of this Agreement, the License will terminate and You: (i) will cease any and all rights to use the Software, and (ii) will remove the Software from all hard drives, networks and other storage media and destroy all copies of the Software in your possession or under your control. The provisions of Sections ‎2.3, ‎2.4, ‎2.5, ‎6, ‎7, ‎8, ‎9, 10, ‎11 and ‎12 shall survive the termination, expiration or other ending of this Agreement.\n1. Miscellaneous. This Agreement represents the complete agreement concerning the Software between You and Applitools and supersedes all prior agreements and representations between You and Applitools. If any provision of this Agreement is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable. Any waiver of any provision of this Agreement will be effective only if in writing and signed by Applitools. This Agreement is personal to You and may not be assigned or transferred for any reason whatsoever without the consent of Applitools and any action or conduct in violation of the foregoing shall be void and without effect. Applitools expressly reserves the right to assign this Agreement and to delegate any of its obligations hereunder. This Agreement are governed by and construed under the laws of the State of Israel, excluding its conflicts of law rules. You expressly agree that the exclusive jurisdiction for any claim or action arising out of or relating to this Agreement shall be the courts located in Tel Aviv, Israel, and You further agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action. In any action or proceeding to enforce rights under this Agreement, the prevailing party shall be entitled to recover costs and attorneys’ 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BY INSTALLING, ACCESSING AND/OR USING THE SOFTWARE (AS DEFINED BELOW), YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOU, OR THE COMPANY YOU REPRESENT, (“YOU” OR “LICENSEE”) ARE ENTERING INTO A LEGAL AGREEMENT WITH APPLITOOLS LTD. AND ITS AFFILIATES (“APPLITOOLS”), AND HAVE UNDERSTOOD AND AGREE TO COMPLY WITH, AND BE LEGALLY BOUND BY, THE TERMS AND CONDITIONS OF THIS AGREEMENT. YOU HEREBY WAIVE ANY RIGHTS OR REQUIREMENTS UNDER ANY LAWS OR REGULATIONS IN ANY JURISDICTION WHICH REQUIRE AN ORIGINAL (NON-ELECTRONIC) SIGNATURE OR DELIVERY OR RETENTION OF NON-ELECTRONIC RECORDS, TO THE EXTENT PERMITTED UNDER APPLICABLE LAW. \nTHE SOFTWARE MAY BE USED SOLELY FOR YOUR PERSONAL, NON-COMMERCIAL PURPOSES. FOR COMMERCIAL PURPOSES PLEASE CONTACT THE REGIONAL APPLITOOLS BUSINESS REPRESENTATIVE. \n1. Definitions. For purposes of this Agreement, the following capitalized terms shall have the following meaning:\n   1. “Documentation” means the user’s guides and technical manuals delivered by Applitools to Licensee.\n   2.  “Feedback” means suggestions, comments or feedback (whether orally or in writing) with respect to the Software.\n   3. “Intellectual Property Rights” means all intangible legal rights, titles and interests evidenced by or embodied in all: (i) inventions (regardless of patentability and whether or not reduced to practice), improvements thereto, patents, patent applications, patent disclosures, together with all reissuances, continuations, continuations in part, revisions, extensions and reexaminations thereof; (ii) trademarks, service marks, trade dress, logos, trade names, corporate names, together with translations, adaptations, derivations and combinations thereof, including goodwill associated therewith, and applications, registrations, and renewals in connection therewith; (iii) any work of authorship, regardless of copyrightable, copyrightable works, copyrights (including moral rights), and applications, registrations and renewals in connection therewith; (iv) mask works and applications, registrations and renewals in connection therewith; (v) trade secrets and Confidential Information; and (vi) other proprietary rights and any other similar rights, in each case on a worldwide basis, and copies and tangible embodiments thereof, in whatever form or medium.\n   4. “License” means the right to use the Software pursuant to Section ‎2.1 to this Agreement.\n   5.  “Software” means Applitools’ software development kit software in object or source code version, Documentation and any updates and upgrade thereto (to the extent delivered).\n1. License\n   1. Grant of License. Subject to the terms and conditions of this Agreement, Applitools grants You, during the Term, a personal, non-exclusive, non-sublicensable, non-transferable, revocable license to: (i) use the Software solely for Your own personal (non-commercial) use and (ii) use and display Applitools’ Marks solely for the purpose of publicizing or advertising that You are using the Software. \n   2. Documentation. Applitools may make available Documentation to Licensee for Licensee to use solely in connection with Licensee’s use of the Software during the term of this Agreement. Licensee may print or copy the Documentation as needed for its own purposes provided that all copyright notices are included therein. The Documentation shall be considered the Confidential Information of Applitools. \n   1. Reservation of Rights; Use Restrictions. Other than the rights explicitly granted in this Agreement, Licensee shall have no other rights, express or implied, in the Software. Without limiting the generality of the foregoing, Licensee agrees and undertakes not to: (i) allow any third party to use the Software in any manner, including but not limited to, sell, lease, sublicense or distribute the Software, or any part thereof; (ii) modify, revise, or alter the Software or reverse engineer, decompile, disassemble or otherwise reduce to human-perceivable form the Software’s source code; (iii) copy or allow copies of the Software to be made; (iv) remove, alter or obscure any proprietary notice or identification, including copyright, trademark, patent or other notices, contained in or displayed on or via the Software; (v) use the Software to violate any applicable laws, rules or regulations, or for any unlawful, harmful, irresponsible, or inappropriate purpose, or in any manner that breaches this Agreement, and/or (vi) represent that it possesses any proprietary interest in the Software.\n   1. Third Party Software. Licensee acknowledges and agrees that any third party software (“Third Party Software”) that provided with the Software is provided under the terms of the license attached/linked thereto or, if no such license is attached, such Third Party Software is provided for free and on “AS IS” basis. Applitools is not liable for any losses or damages which may occur resulting from the use of any Third Party Software. Applitools does not possess any proprietary interest in such Third Party Software. \n   1. Open Source Licenses. The Software includes certain open source code software and materials (as shall be listed in the documentation of the Software) (“Open Source Software”) that are subject to their respective open source licenses (“Open Source Licenses”). Such Open Source Licenses contain a list of conditions with respect to warranty, copyright policy and other provisions. By executing this Agreement, Licensee undertakes to strictly comply with the terms and condition of the Open Source Licenses, as may be amended from time to time. In order to comply with the Open Source Licenses, Licensee shall read the respective licenses or notices, such list of Open Source Licenses may be amended from time to time by Applitools, at its sole discretion. In the event of any inconsistencies or conflicting provisions between the provisions of the Open Source Licenses and the provisions of this Agreement, the provisions of the Open Source Licenses shall prevail. Without derogating from the generality of the foregoing, it is clarified that any Open Source Software is provided on an “AS IS” basis, without indemnity or warranty of any kind, whether express or implied. For clarity, the representations and warranties set forth in Section ‎4 hereunder shall not apply to any Open Source Software.\n1. Title & Ownership. APPLITOOLS DOES NOT SELL OR TRANSFER TITLE IN THE SOFTWARE, OR ANY PART THEREOF, TO LICENSEE. The Documentation, Software (excluding any Open Source Software and Third Party Software therein which are owned by their respective licensors) and/or any copies thereof, including without limitation any derivative works made (regardless of whether such derivative works were made and/or developed pursuant to the request and/or specifications of Licensee, and irrespective of any support and/or assistance Applitools may, will or had received from Licensee, or any third party on its behalf, with respect thereto), as well as any updates or upgrades thereto, if provided to Applitools pursuant to this Agreement, shall remain Applitools’ sole and exclusive property. All Intellectual Property Rights evidenced by or embodied in and/or attached/connected/related to the Software, or part thereof, are and shall be owned solely and exclusively by Applitools. Nothing in this Agreement shall constitute a waiver of Applitools’ Intellectual Property Rights under any law, or be in any way construed or interpreted as such. It is further agreed that to the extent Licensee provides Applitools with Feedback, Licensee acknowledges that any and all rights, including Intellectual Property Rights in such Feedback shall belong exclusively to Applitools and Licensee hereby irrevocably and unconditionally transfers and assigns to Applitools all intellectual property rights in such Feedback and waives any and all moral rights that Licensee may have in respect thereto. It is further understood that use of Feedback, if any, may be made by Applitools at its sole discretion, and that Applitools in no way shall be obliged to make use of any kind of the Feedback or part thereof. \n1. Warranty. Applitools warrants that to its knowledge it has the right to grant the license under this Agreement. Applitools’ sole liability for any breach of this warranty or any other warranty under this Agreement shall be, at Applitools’ sole discretion: (i) to replace or repair the Software or the applicable portion thereof; or (ii) to terminate this Agreement.\n2. Warranty Exclusions. The warranties set forth in Section ‎4 are contingent upon Licensee’s proper use of the Software, and shall not apply to damage caused by abuse, misuse, alteration, neglect or unauthorized repair or installation, or by the use or attempted use of Software other than that supplied and supported by Applitools. Applitools will use reasonable commercial efforts to repair or replace the Software or the applicable portion thereof, pursuant to the foregoing warranty within thirty (30) days of being so notified.\n1. Warranty Disclaimers. AS BETWEEN LICENSEE AND APPLITOOLS, EXCEPT AS SET IN SECTION ‎4, THE SOFTWARE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND INCLUDING, WITHOUT LIMITATION, REPRESENTATIONS, WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR INTENDED OR PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, THAT THE SOFTWARE WILL MEET LICENSEE’S REQUIREMENTS OR EXPECTATIONS OR WILL ACHIEVE ANY SPECIFIC RESULTS AND THOSE ARISING BY STATUTE OR FROM A COURSE OF DEALING OR USAGE OF TRADE. Applicable law may not allow the exclusion of certain warranties, so to that extent such exclusions may not apply.\n1. High Risk Activities. You acknowledge that the Software is not fault tolerant and is not designed, manufactured, or intended for use or resale as on-line control equipment in hazardous or high risk environments and activities requiring fail-safe performance (such as in the operation of nuclear facilities, aircraft navigation or communication systems, air traffic control, direct life support machines and/or devices, or weapons systems) in which the failure of the Software could lead directly to death, personal injury, or severe physical or environmental damage, and You agree not to use or allow the use of the Software or any portion thereof for, or in connection with, any such environment or activity.\n1. Indemnify. You agree that Applitools shall have no liability whatsoever for any use made of the Software by You or any third party. You hereby agree to defend, indemnify and hold harmless Applitools and its affiliates and their respective officers, directors, agents and employees from any and all claims, damages, liabilities, costs, and expenses (including attorney’s fees) arising from claims related to Your use of the Software as well as from Your failure to comply with this Agreement.\n1. Limitation of Liability. UNDER NO CIRCUMSTANCES SHALL APPLITOOLS AND/OR ITS AFFILIATES BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, OR FOR ANY LOSS OF DATA, REVENUE, BUSINESS OR REPUTATION, THAT ARISES UNDER OR IN CONNECTION WITH THIS AGREEMENT, OR THAT RESULTS FROM THE USE OF, OR THE INABILITY TO USE, THE SOFTWARE. APPLITOOLS’S TOTAL AGGREGATE LIABILITY FOR ANY AND ALL DIRECT DAMAGES AND LOSSES THAT ARISE UNDER OR IN CONNECTION WITH THIS AGREEMENT SHALL NOT IN ANY CIRCUMSTANCE EXCEED THE AMOUNT OF 100.00 (ONE HUNDRED) UNITED STATES DOLLARS. THE FOREGOING LIMITATIONS AND EXCLUSIONS IN THIS SECTION ‎7 SHALL APPLY: (I) EVEN IF APPLITOOLS HAS BEEN ADVISED OF THE POSSIBILITY OF ANY DAMAGES OR LOSSES; (II) EVEN IF ANY REMEDY SET FORTH HEREIN FAILS OF ITS ESSENTIAL PURPOSE; AND (III) REGARDLESS OF THE BASIS OR THEORY OF LIABILITY.\n1. Export Laws. Licensee agrees to comply fully with all U.S., EU, Israeli, and all applicable export laws and regulations to ensure that neither the Software nor any technical data related thereto are exported or re-exported directly or indirectly in violation of, or used for any purposes prohibited by, such laws and regulations. For clarity, and without derogating from Section ‎11 below, in case of any change of any applicable law, policy or regulation, which might affect Applitools’ business, Applitools will have the right to terminate this Agreement and the license granted hereunder and the Licensee shall have no claims regarding such termination. \n1. Term and Termination. This Agreement shall continue until terminated as set forth in this section (the “Term”). You may terminate this Agreement at any time by removing the Software from Your system and destroying all copies of the Software and Documentation relating to the Software. Unauthorized copying of the Software or otherwise failing to comply with this Agreement will result in automatic immediate termination of this Agreement and will make available to Applitools legal remedies. Applitools reserves the right to terminate this Agreement and the License at any time and without notice. Upon termination of this Agreement, the License will terminate and You: (i) will cease any and all rights to use the Software, and (ii) will remove the Software from all hard drives, networks and other storage media and destroy all copies of the Software in your possession or under your control. 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This Agreement are governed by and construed under the laws of the State of Israel, excluding its conflicts of law rules. You expressly agree that the exclusive jurisdiction for any claim or action arising out of or relating to this Agreement shall be the courts located in Tel Aviv, Israel, and You further agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action. 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BY INSTALLING, ACCESSING AND/OR USING THE SOFTWARE (AS DEFINED BELOW), YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOU, OR THE COMPANY YOU REPRESENT, (“YOU” OR “LICENSEE”) ARE ENTERING INTO A LEGAL AGREEMENT WITH APPLITOOLS LTD. AND ITS AFFILIATES (“APPLITOOLS”), AND HAVE UNDERSTOOD AND AGREE TO COMPLY WITH, AND BE LEGALLY BOUND BY, THE TERMS AND CONDITIONS OF THIS AGREEMENT. YOU HEREBY WAIVE ANY RIGHTS OR REQUIREMENTS UNDER ANY LAWS OR REGULATIONS IN ANY JURISDICTION WHICH REQUIRE AN ORIGINAL (NON-ELECTRONIC) SIGNATURE OR DELIVERY OR RETENTION OF NON-ELECTRONIC RECORDS, TO THE EXTENT PERMITTED UNDER APPLICABLE LAW. \nTHE SOFTWARE MAY BE USED SOLELY FOR YOUR PERSONAL, NON-COMMERCIAL PURPOSES. FOR COMMERCIAL PURPOSES PLEASE CONTACT THE REGIONAL APPLITOOLS BUSINESS REPRESENTATIVE. \n1. Definitions. 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License\n   1. Grant of License. Subject to the terms and conditions of this Agreement, Applitools grants You, during the Term, a personal, non-exclusive, non-sublicensable, non-transferable, revocable license to: (i) use the Software solely for Your own personal (non-commercial) use and (ii) use and display Applitools’ Marks solely for the purpose of publicizing or advertising that You are using the Software. \n   2. Documentation. Applitools may make available Documentation to Licensee for Licensee to use solely in connection with Licensee’s use of the Software during the term of this Agreement. Licensee may print or copy the Documentation as needed for its own purposes provided that all copyright notices are included therein. The Documentation shall be considered the Confidential Information of Applitools. \n   1. Reservation of Rights; Use Restrictions. Other than the rights explicitly granted in this Agreement, Licensee shall have no other rights, express or implied, in the Software. Without limiting the generality of the foregoing, Licensee agrees and undertakes not to: (i) allow any third party to use the Software in any manner, including but not limited to, sell, lease, sublicense or distribute the Software, or any part thereof; (ii) modify, revise, or alter the Software or reverse engineer, decompile, disassemble or otherwise reduce to human-perceivable form the Software’s source code; (iii) copy or allow copies of the Software to be made; (iv) remove, alter or obscure any proprietary notice or identification, including copyright, trademark, patent or other notices, contained in or displayed on or via the Software; (v) use the Software to violate any applicable laws, rules or regulations, or for any unlawful, harmful, irresponsible, or inappropriate purpose, or in any manner that breaches this Agreement, and/or (vi) represent that it possesses any proprietary interest in the Software.\n   1. Third Party Software. Licensee acknowledges and agrees that any third party software (“Third Party Software”) that provided with the Software is provided under the terms of the license attached/linked thereto or, if no such license is attached, such Third Party Software is provided for free and on “AS IS” basis. Applitools is not liable for any losses or damages which may occur resulting from the use of any Third Party Software. Applitools does not possess any proprietary interest in such Third Party Software. \n   1. Open Source Licenses. The Software includes certain open source code software and materials (as shall be listed in the documentation of the Software) (“Open Source Software”) that are subject to their respective open source licenses (“Open Source Licenses”). Such Open Source Licenses contain a list of conditions with respect to warranty, copyright policy and other provisions. By executing this Agreement, Licensee undertakes to strictly comply with the terms and condition of the Open Source Licenses, as may be amended from time to time. In order to comply with the Open Source Licenses, Licensee shall read the respective licenses or notices, such list of Open Source Licenses may be amended from time to time by Applitools, at its sole discretion. In the event of any inconsistencies or conflicting provisions between the provisions of the Open Source Licenses and the provisions of this Agreement, the provisions of the Open Source Licenses shall prevail. Without derogating from the generality of the foregoing, it is clarified that any Open Source Software is provided on an “AS IS” basis, without indemnity or warranty of any kind, whether express or implied. For clarity, the representations and warranties set forth in Section ‎4 hereunder shall not apply to any Open Source Software.\n1. Title & Ownership. APPLITOOLS DOES NOT SELL OR TRANSFER TITLE IN THE SOFTWARE, OR ANY PART THEREOF, TO LICENSEE. The Documentation, Software (excluding any Open Source Software and Third Party Software therein which are owned by their respective licensors) and/or any copies thereof, including without limitation any derivative works made (regardless of whether such derivative works were made and/or developed pursuant to the request and/or specifications of Licensee, and irrespective of any support and/or assistance Applitools may, will or had received from Licensee, or any third party on its behalf, with respect thereto), as well as any updates or upgrades thereto, if provided to Applitools pursuant to this Agreement, shall remain Applitools’ sole and exclusive property. All Intellectual Property Rights evidenced by or embodied in and/or attached/connected/related to the Software, or part thereof, are and shall be owned solely and exclusively by Applitools. Nothing in this Agreement shall constitute a waiver of Applitools’ Intellectual Property Rights under any law, or be in any way construed or interpreted as such. It is further agreed that to the extent Licensee provides Applitools with Feedback, Licensee acknowledges that any and all rights, including Intellectual Property Rights in such Feedback shall belong exclusively to Applitools and Licensee hereby irrevocably and unconditionally transfers and assigns to Applitools all intellectual property rights in such Feedback and waives any and all moral rights that Licensee may have in respect thereto. It is further understood that use of Feedback, if any, may be made by Applitools at its sole discretion, and that Applitools in no way shall be obliged to make use of any kind of the Feedback or part thereof. \n1. Warranty. Applitools warrants that to its knowledge it has the right to grant the license under this Agreement. Applitools’ sole liability for any breach of this warranty or any other warranty under this Agreement shall be, at Applitools’ sole discretion: (i) to replace or repair the Software or the applicable portion thereof; or (ii) to terminate this Agreement.\n2. Warranty Exclusions. The warranties set forth in Section ‎4 are contingent upon Licensee’s proper use of the Software, and shall not apply to damage caused by abuse, misuse, alteration, neglect or unauthorized repair or installation, or by the use or attempted use of Software other than that supplied and supported by Applitools. Applitools will use reasonable commercial efforts to repair or replace the Software or the applicable portion thereof, pursuant to the foregoing warranty within thirty (30) days of being so notified.\n1. Warranty Disclaimers. AS BETWEEN LICENSEE AND APPLITOOLS, EXCEPT AS SET IN SECTION ‎4, THE SOFTWARE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND INCLUDING, WITHOUT LIMITATION, REPRESENTATIONS, WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR INTENDED OR PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, THAT THE SOFTWARE WILL MEET LICENSEE’S REQUIREMENTS OR EXPECTATIONS OR WILL ACHIEVE ANY SPECIFIC RESULTS AND THOSE ARISING BY STATUTE OR FROM A COURSE OF DEALING OR USAGE OF TRADE. Applicable law may not allow the exclusion of certain warranties, so to that extent such exclusions may not apply.\n1. High Risk Activities. You acknowledge that the Software is not fault tolerant and is not designed, manufactured, or intended for use or resale as on-line control equipment in hazardous or high risk environments and activities requiring fail-safe performance (such as in the operation of nuclear facilities, aircraft navigation or communication systems, air traffic control, direct life support machines and/or devices, or weapons systems) in which the failure of the Software could lead directly to death, personal injury, or severe physical or environmental damage, and You agree not to use or allow the use of the Software or any portion thereof for, or in connection with, any such environment or activity.\n1. Indemnify. You agree that Applitools shall have no liability whatsoever for any use made of the Software by You or any third party. You hereby agree to defend, indemnify and hold harmless Applitools and its affiliates and their respective officers, directors, agents and employees from any and all claims, damages, liabilities, costs, and expenses (including attorney’s fees) arising from claims related to Your use of the Software as well as from Your failure to comply with this Agreement.\n1. Limitation of Liability. UNDER NO CIRCUMSTANCES SHALL APPLITOOLS AND/OR ITS AFFILIATES BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, OR FOR ANY LOSS OF DATA, REVENUE, BUSINESS OR REPUTATION, THAT ARISES UNDER OR IN CONNECTION WITH THIS AGREEMENT, OR THAT RESULTS FROM THE USE OF, OR THE INABILITY TO USE, THE SOFTWARE. APPLITOOLS’S TOTAL AGGREGATE LIABILITY FOR ANY AND ALL DIRECT DAMAGES AND LOSSES THAT ARISE UNDER OR IN CONNECTION WITH THIS AGREEMENT SHALL NOT IN ANY CIRCUMSTANCE EXCEED THE AMOUNT OF 100.00 (ONE HUNDRED) UNITED STATES DOLLARS. THE FOREGOING LIMITATIONS AND EXCLUSIONS IN THIS SECTION ‎7 SHALL APPLY: (I) EVEN IF APPLITOOLS HAS BEEN ADVISED OF THE POSSIBILITY OF ANY DAMAGES OR LOSSES; (II) EVEN IF ANY REMEDY SET FORTH HEREIN FAILS OF ITS ESSENTIAL PURPOSE; AND (III) REGARDLESS OF THE BASIS OR THEORY OF LIABILITY.\n1. Export Laws. Licensee agrees to comply fully with all U.S., EU, Israeli, and all applicable export laws and regulations to ensure that neither the Software nor any technical data related thereto are exported or re-exported directly or indirectly in violation of, or used for any purposes prohibited by, such laws and regulations. For clarity, and without derogating from Section ‎11 below, in case of any change of any applicable law, policy or regulation, which might affect Applitools’ business, Applitools will have the right to terminate this Agreement and the license granted hereunder and the Licensee shall have no claims regarding such termination. \n1. Term and Termination. This Agreement shall continue until terminated as set forth in this section (the “Term”). You may terminate this Agreement at any time by removing the Software from Your system and destroying all copies of the Software and Documentation relating to the Software. Unauthorized copying of the Software or otherwise failing to comply with this Agreement will result in automatic immediate termination of this Agreement and will make available to Applitools legal remedies. Applitools reserves the right to terminate this Agreement and the License at any time and without notice. Upon termination of this Agreement, the License will terminate and You: (i) will cease any and all rights to use the Software, and (ii) will remove the Software from all hard drives, networks and other storage media and destroy all copies of the Software in your possession or under your control. 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BY INSTALLING, ACCESSING AND/OR USING THE SOFTWARE (AS DEFINED BELOW), YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOU, OR THE COMPANY YOU REPRESENT, (“YOU” OR “LICENSEE”) ARE ENTERING INTO A LEGAL AGREEMENT WITH APPLITOOLS LTD. AND ITS AFFILIATES (“APPLITOOLS”), AND HAVE UNDERSTOOD AND AGREE TO COMPLY WITH, AND BE LEGALLY BOUND BY, THE TERMS AND CONDITIONS OF THIS AGREEMENT. YOU HEREBY WAIVE ANY RIGHTS OR REQUIREMENTS UNDER ANY LAWS OR REGULATIONS IN ANY JURISDICTION WHICH REQUIRE AN ORIGINAL (NON-ELECTRONIC) SIGNATURE OR DELIVERY OR RETENTION OF NON-ELECTRONIC RECORDS, TO THE EXTENT PERMITTED UNDER APPLICABLE LAW. \nTHE SOFTWARE MAY BE USED SOLELY FOR YOUR PERSONAL, NON-COMMERCIAL PURPOSES. FOR COMMERCIAL PURPOSES PLEASE CONTACT THE REGIONAL APPLITOOLS BUSINESS REPRESENTATIVE. \n1. Definitions. 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License\n   1. Grant of License. Subject to the terms and conditions of this Agreement, Applitools grants You, during the Term, a personal, non-exclusive, non-sublicensable, non-transferable, revocable license to: (i) use the Software solely for Your own personal (non-commercial) use and (ii) use and display Applitools’ Marks solely for the purpose of publicizing or advertising that You are using the Software. \n   2. Documentation. Applitools may make available Documentation to Licensee for Licensee to use solely in connection with Licensee’s use of the Software during the term of this Agreement. Licensee may print or copy the Documentation as needed for its own purposes provided that all copyright notices are included therein. The Documentation shall be considered the Confidential Information of Applitools. \n   1. Reservation of Rights; Use Restrictions. Other than the rights explicitly granted in this Agreement, Licensee shall have no other rights, express or implied, in the Software. Without limiting the generality of the foregoing, Licensee agrees and undertakes not to: (i) allow any third party to use the Software in any manner, including but not limited to, sell, lease, sublicense or distribute the Software, or any part thereof; (ii) modify, revise, or alter the Software or reverse engineer, decompile, disassemble or otherwise reduce to human-perceivable form the Software’s source code; (iii) copy or allow copies of the Software to be made; (iv) remove, alter or obscure any proprietary notice or identification, including copyright, trademark, patent or other notices, contained in or displayed on or via the Software; (v) use the Software to violate any applicable laws, rules or regulations, or for any unlawful, harmful, irresponsible, or inappropriate purpose, or in any manner that breaches this Agreement, and/or (vi) represent that it possesses any proprietary interest in the Software.\n   1. Third Party Software. Licensee acknowledges and agrees that any third party software (“Third Party Software”) that provided with the Software is provided under the terms of the license attached/linked thereto or, if no such license is attached, such Third Party Software is provided for free and on “AS IS” basis. Applitools is not liable for any losses or damages which may occur resulting from the use of any Third Party Software. Applitools does not possess any proprietary interest in such Third Party Software. \n   1. Open Source Licenses. The Software includes certain open source code software and materials (as shall be listed in the documentation of the Software) (“Open Source Software”) that are subject to their respective open source licenses (“Open Source Licenses”). Such Open Source Licenses contain a list of conditions with respect to warranty, copyright policy and other provisions. By executing this Agreement, Licensee undertakes to strictly comply with the terms and condition of the Open Source Licenses, as may be amended from time to time. In order to comply with the Open Source Licenses, Licensee shall read the respective licenses or notices, such list of Open Source Licenses may be amended from time to time by Applitools, at its sole discretion. In the event of any inconsistencies or conflicting provisions between the provisions of the Open Source Licenses and the provisions of this Agreement, the provisions of the Open Source Licenses shall prevail. Without derogating from the generality of the foregoing, it is clarified that any Open Source Software is provided on an “AS IS” basis, without indemnity or warranty of any kind, whether express or implied. For clarity, the representations and warranties set forth in Section ‎4 hereunder shall not apply to any Open Source Software.\n1. Title & Ownership. APPLITOOLS DOES NOT SELL OR TRANSFER TITLE IN THE SOFTWARE, OR ANY PART THEREOF, TO LICENSEE. The Documentation, Software (excluding any Open Source Software and Third Party Software therein which are owned by their respective licensors) and/or any copies thereof, including without limitation any derivative works made (regardless of whether such derivative works were made and/or developed pursuant to the request and/or specifications of Licensee, and irrespective of any support and/or assistance Applitools may, will or had received from Licensee, or any third party on its behalf, with respect thereto), as well as any updates or upgrades thereto, if provided to Applitools pursuant to this Agreement, shall remain Applitools’ sole and exclusive property. All Intellectual Property Rights evidenced by or embodied in and/or attached/connected/related to the Software, or part thereof, are and shall be owned solely and exclusively by Applitools. Nothing in this Agreement shall constitute a waiver of Applitools’ Intellectual Property Rights under any law, or be in any way construed or interpreted as such. It is further agreed that to the extent Licensee provides Applitools with Feedback, Licensee acknowledges that any and all rights, including Intellectual Property Rights in such Feedback shall belong exclusively to Applitools and Licensee hereby irrevocably and unconditionally transfers and assigns to Applitools all intellectual property rights in such Feedback and waives any and all moral rights that Licensee may have in respect thereto. It is further understood that use of Feedback, if any, may be made by Applitools at its sole discretion, and that Applitools in no way shall be obliged to make use of any kind of the Feedback or part thereof. \n1. Warranty. Applitools warrants that to its knowledge it has the right to grant the license under this Agreement. Applitools’ sole liability for any breach of this warranty or any other warranty under this Agreement shall be, at Applitools’ sole discretion: (i) to replace or repair the Software or the applicable portion thereof; or (ii) to terminate this Agreement.\n2. Warranty Exclusions. The warranties set forth in Section ‎4 are contingent upon Licensee’s proper use of the Software, and shall not apply to damage caused by abuse, misuse, alteration, neglect or unauthorized repair or installation, or by the use or attempted use of Software other than that supplied and supported by Applitools. Applitools will use reasonable commercial efforts to repair or replace the Software or the applicable portion thereof, pursuant to the foregoing warranty within thirty (30) days of being so notified.\n1. Warranty Disclaimers. AS BETWEEN LICENSEE AND APPLITOOLS, EXCEPT AS SET IN SECTION ‎4, THE SOFTWARE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND INCLUDING, WITHOUT LIMITATION, REPRESENTATIONS, WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR INTENDED OR PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, THAT THE SOFTWARE WILL MEET LICENSEE’S REQUIREMENTS OR EXPECTATIONS OR WILL ACHIEVE ANY SPECIFIC RESULTS AND THOSE ARISING BY STATUTE OR FROM A COURSE OF DEALING OR USAGE OF TRADE. Applicable law may not allow the exclusion of certain warranties, so to that extent such exclusions may not apply.\n1. High Risk Activities. You acknowledge that the Software is not fault tolerant and is not designed, manufactured, or intended for use or resale as on-line control equipment in hazardous or high risk environments and activities requiring fail-safe performance (such as in the operation of nuclear facilities, aircraft navigation or communication systems, air traffic control, direct life support machines and/or devices, or weapons systems) in which the failure of the Software could lead directly to death, personal injury, or severe physical or environmental damage, and You agree not to use or allow the use of the Software or any portion thereof for, or in connection with, any such environment or activity.\n1. Indemnify. You agree that Applitools shall have no liability whatsoever for any use made of the Software by You or any third party. You hereby agree to defend, indemnify and hold harmless Applitools and its affiliates and their respective officers, directors, agents and employees from any and all claims, damages, liabilities, costs, and expenses (including attorney’s fees) arising from claims related to Your use of the Software as well as from Your failure to comply with this Agreement.\n1. Limitation of Liability. UNDER NO CIRCUMSTANCES SHALL APPLITOOLS AND/OR ITS AFFILIATES BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, OR FOR ANY LOSS OF DATA, REVENUE, BUSINESS OR REPUTATION, THAT ARISES UNDER OR IN CONNECTION WITH THIS AGREEMENT, OR THAT RESULTS FROM THE USE OF, OR THE INABILITY TO USE, THE SOFTWARE. APPLITOOLS’S TOTAL AGGREGATE LIABILITY FOR ANY AND ALL DIRECT DAMAGES AND LOSSES THAT ARISE UNDER OR IN CONNECTION WITH THIS AGREEMENT SHALL NOT IN ANY CIRCUMSTANCE EXCEED THE AMOUNT OF 100.00 (ONE HUNDRED) UNITED STATES DOLLARS. THE FOREGOING LIMITATIONS AND EXCLUSIONS IN THIS SECTION ‎7 SHALL APPLY: (I) EVEN IF APPLITOOLS HAS BEEN ADVISED OF THE POSSIBILITY OF ANY DAMAGES OR LOSSES; (II) EVEN IF ANY REMEDY SET FORTH HEREIN FAILS OF ITS ESSENTIAL PURPOSE; AND (III) REGARDLESS OF THE BASIS OR THEORY OF LIABILITY.\n1. Export Laws. Licensee agrees to comply fully with all U.S., EU, Israeli, and all applicable export laws and regulations to ensure that neither the Software nor any technical data related thereto are exported or re-exported directly or indirectly in violation of, or used for any purposes prohibited by, such laws and regulations. For clarity, and without derogating from Section ‎11 below, in case of any change of any applicable law, policy or regulation, which might affect Applitools’ business, Applitools will have the right to terminate this Agreement and the license granted hereunder and the Licensee shall have no claims regarding such termination. \n1. Term and Termination. This Agreement shall continue until terminated as set forth in this section (the “Term”). You may terminate this Agreement at any time by removing the Software from Your system and destroying all copies of the Software and Documentation relating to the Software. Unauthorized copying of the Software or otherwise failing to comply with this Agreement will result in automatic immediate termination of this Agreement and will make available to Applitools legal remedies. Applitools reserves the right to terminate this Agreement and the License at any time and without notice. Upon termination of this Agreement, the License will terminate and You: (i) will cease any and all rights to use the Software, and (ii) will remove the Software from all hard drives, networks and other storage media and destroy all copies of the Software in your possession or under your control. The provisions of Sections ‎2.3, ‎2.4, ‎2.5, ‎6, ‎7, ‎8, ‎9, 10, ‎11 and ‎12 shall survive the termination, expiration or other ending of this Agreement.\n1. Miscellaneous. This Agreement represents the complete agreement concerning the Software between You and Applitools and supersedes all prior agreements and representations between You and Applitools. If any provision of this Agreement is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable. Any waiver of any provision of this Agreement will be effective only if in writing and signed by Applitools. This Agreement is personal to You and may not be assigned or transferred for any reason whatsoever without the consent of Applitools and any action or conduct in violation of the foregoing shall be void and without effect. Applitools expressly reserves the right to assign this Agreement and to delegate any of its obligations hereunder. This Agreement are governed by and construed under the laws of the State of Israel, excluding its conflicts of law rules. You expressly agree that the exclusive jurisdiction for any claim or action arising out of or relating to this Agreement shall be the courts located in Tel Aviv, Israel, and You further agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action. In any action or proceeding to enforce rights under this Agreement, the prevailing party shall be entitled to recover costs and attorneys’ 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BY INSTALLING, ACCESSING AND/OR USING THE SOFTWARE (AS DEFINED BELOW), YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOU, OR THE COMPANY YOU REPRESENT, (“YOU” OR “LICENSEE”) ARE ENTERING INTO A LEGAL AGREEMENT WITH APPLITOOLS LTD. AND ITS AFFILIATES (“APPLITOOLS”), AND HAVE UNDERSTOOD AND AGREE TO COMPLY WITH, AND BE LEGALLY BOUND BY, THE TERMS AND CONDITIONS OF THIS AGREEMENT. YOU HEREBY WAIVE ANY RIGHTS OR REQUIREMENTS UNDER ANY LAWS OR REGULATIONS IN ANY JURISDICTION WHICH REQUIRE AN ORIGINAL (NON-ELECTRONIC) SIGNATURE OR DELIVERY OR RETENTION OF NON-ELECTRONIC RECORDS, TO THE EXTENT PERMITTED UNDER APPLICABLE LAW. \nTHE SOFTWARE MAY BE USED SOLELY FOR YOUR PERSONAL, NON-COMMERCIAL PURPOSES. FOR COMMERCIAL PURPOSES PLEASE CONTACT THE REGIONAL APPLITOOLS BUSINESS REPRESENTATIVE. \n1. Definitions. For purposes of this Agreement, the following capitalized terms shall have the following meaning:\n   1. “Documentation” means the user’s guides and technical manuals delivered by Applitools to Licensee.\n   2.  “Feedback” means suggestions, comments or feedback (whether orally or in writing) with respect to the Software.\n   3. “Intellectual Property Rights” means all intangible legal rights, titles and interests evidenced by or embodied in all: (i) inventions (regardless of patentability and whether or not reduced to practice), improvements thereto, patents, patent applications, patent disclosures, together with all reissuances, continuations, continuations in part, revisions, extensions and reexaminations thereof; (ii) trademarks, service marks, trade dress, logos, trade names, corporate names, together with translations, adaptations, derivations and combinations thereof, including goodwill associated therewith, and applications, registrations, and renewals in connection therewith; (iii) any work of authorship, regardless of copyrightable, copyrightable works, copyrights (including moral rights), and applications, registrations and renewals in connection therewith; (iv) mask works and applications, registrations and renewals in connection therewith; (v) trade secrets and Confidential Information; and (vi) other proprietary rights and any other similar rights, in each case on a worldwide basis, and copies and tangible embodiments thereof, in whatever form or medium.\n   4. “License” means the right to use the Software pursuant to Section ‎2.1 to this Agreement.\n   5.  “Software” means Applitools’ software development kit software in object or source code version, Documentation and any updates and upgrade thereto (to the extent delivered).\n1. License\n   1. Grant of License. Subject to the terms and conditions of this Agreement, Applitools grants You, during the Term, a personal, non-exclusive, non-sublicensable, non-transferable, revocable license to: (i) use the Software solely for Your own personal (non-commercial) use and (ii) use and display Applitools’ Marks solely for the purpose of publicizing or advertising that You are using the Software. \n   2. Documentation. Applitools may make available Documentation to Licensee for Licensee to use solely in connection with Licensee’s use of the Software during the term of this Agreement. Licensee may print or copy the Documentation as needed for its own purposes provided that all copyright notices are included therein. The Documentation shall be considered the Confidential Information of Applitools. \n   1. Reservation of Rights; Use Restrictions. Other than the rights explicitly granted in this Agreement, Licensee shall have no other rights, express or implied, in the Software. Without limiting the generality of the foregoing, Licensee agrees and undertakes not to: (i) allow any third party to use the Software in any manner, including but not limited to, sell, lease, sublicense or distribute the Software, or any part thereof; (ii) modify, revise, or alter the Software or reverse engineer, decompile, disassemble or otherwise reduce to human-perceivable form the Software’s source code; (iii) copy or allow copies of the Software to be made; (iv) remove, alter or obscure any proprietary notice or identification, including copyright, trademark, patent or other notices, contained in or displayed on or via the Software; (v) use the Software to violate any applicable laws, rules or regulations, or for any unlawful, harmful, irresponsible, or inappropriate purpose, or in any manner that breaches this Agreement, and/or (vi) represent that it possesses any proprietary interest in the Software.\n   1. Third Party Software. Licensee acknowledges and agrees that any third party software (“Third Party Software”) that provided with the Software is provided under the terms of the license attached/linked thereto or, if no such license is attached, such Third Party Software is provided for free and on “AS IS” basis. Applitools is not liable for any losses or damages which may occur resulting from the use of any Third Party Software. Applitools does not possess any proprietary interest in such Third Party Software. \n   1. Open Source Licenses. The Software includes certain open source code software and materials (as shall be listed in the documentation of the Software) (“Open Source Software”) that are subject to their respective open source licenses (“Open Source Licenses”). Such Open Source Licenses contain a list of conditions with respect to warranty, copyright policy and other provisions. By executing this Agreement, Licensee undertakes to strictly comply with the terms and condition of the Open Source Licenses, as may be amended from time to time. In order to comply with the Open Source Licenses, Licensee shall read the respective licenses or notices, such list of Open Source Licenses may be amended from time to time by Applitools, at its sole discretion. In the event of any inconsistencies or conflicting provisions between the provisions of the Open Source Licenses and the provisions of this Agreement, the provisions of the Open Source Licenses shall prevail. Without derogating from the generality of the foregoing, it is clarified that any Open Source Software is provided on an “AS IS” basis, without indemnity or warranty of any kind, whether express or implied. For clarity, the representations and warranties set forth in Section ‎4 hereunder shall not apply to any Open Source Software.\n1. Title & Ownership. APPLITOOLS DOES NOT SELL OR TRANSFER TITLE IN THE SOFTWARE, OR ANY PART THEREOF, TO LICENSEE. The Documentation, Software (excluding any Open Source Software and Third Party Software therein which are owned by their respective licensors) and/or any copies thereof, including without limitation any derivative works made (regardless of whether such derivative works were made and/or developed pursuant to the request and/or specifications of Licensee, and irrespective of any support and/or assistance Applitools may, will or had received from Licensee, or any third party on its behalf, with respect thereto), as well as any updates or upgrades thereto, if provided to Applitools pursuant to this Agreement, shall remain Applitools’ sole and exclusive property. All Intellectual Property Rights evidenced by or embodied in and/or attached/connected/related to the Software, or part thereof, are and shall be owned solely and exclusively by Applitools. Nothing in this Agreement shall constitute a waiver of Applitools’ Intellectual Property Rights under any law, or be in any way construed or interpreted as such. It is further agreed that to the extent Licensee provides Applitools with Feedback, Licensee acknowledges that any and all rights, including Intellectual Property Rights in such Feedback shall belong exclusively to Applitools and Licensee hereby irrevocably and unconditionally transfers and assigns to Applitools all intellectual property rights in such Feedback and waives any and all moral rights that Licensee may have in respect thereto. It is further understood that use of Feedback, if any, may be made by Applitools at its sole discretion, and that Applitools in no way shall be obliged to make use of any kind of the Feedback or part thereof. \n1. Warranty. Applitools warrants that to its knowledge it has the right to grant the license under this Agreement. Applitools’ sole liability for any breach of this warranty or any other warranty under this Agreement shall be, at Applitools’ sole discretion: (i) to replace or repair the Software or the applicable portion thereof; or (ii) to terminate this Agreement.\n2. Warranty Exclusions. The warranties set forth in Section ‎4 are contingent upon Licensee’s proper use of the Software, and shall not apply to damage caused by abuse, misuse, alteration, neglect or unauthorized repair or installation, or by the use or attempted use of Software other than that supplied and supported by Applitools. Applitools will use reasonable commercial efforts to repair or replace the Software or the applicable portion thereof, pursuant to the foregoing warranty within thirty (30) days of being so notified.\n1. Warranty Disclaimers. AS BETWEEN LICENSEE AND APPLITOOLS, EXCEPT AS SET IN SECTION ‎4, THE SOFTWARE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND INCLUDING, WITHOUT LIMITATION, REPRESENTATIONS, WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR INTENDED OR PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, THAT THE SOFTWARE WILL MEET LICENSEE’S REQUIREMENTS OR EXPECTATIONS OR WILL ACHIEVE ANY SPECIFIC RESULTS AND THOSE ARISING BY STATUTE OR FROM A COURSE OF DEALING OR USAGE OF TRADE. Applicable law may not allow the exclusion of certain warranties, so to that extent such exclusions may not apply.\n1. High Risk Activities. You acknowledge that the Software is not fault tolerant and is not designed, manufactured, or intended for use or resale as on-line control equipment in hazardous or high risk environments and activities requiring fail-safe performance (such as in the operation of nuclear facilities, aircraft navigation or communication systems, air traffic control, direct life support machines and/or devices, or weapons systems) in which the failure of the Software could lead directly to death, personal injury, or severe physical or environmental damage, and You agree not to use or allow the use of the Software or any portion thereof for, or in connection with, any such environment or activity.\n1. Indemnify. You agree that Applitools shall have no liability whatsoever for any use made of the Software by You or any third party. You hereby agree to defend, indemnify and hold harmless Applitools and its affiliates and their respective officers, directors, agents and employees from any and all claims, damages, liabilities, costs, and expenses (including attorney’s fees) arising from claims related to Your use of the Software as well as from Your failure to comply with this Agreement.\n1. Limitation of Liability. UNDER NO CIRCUMSTANCES SHALL APPLITOOLS AND/OR ITS AFFILIATES BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, OR FOR ANY LOSS OF DATA, REVENUE, BUSINESS OR REPUTATION, THAT ARISES UNDER OR IN CONNECTION WITH THIS AGREEMENT, OR THAT RESULTS FROM THE USE OF, OR THE INABILITY TO USE, THE SOFTWARE. APPLITOOLS’S TOTAL AGGREGATE LIABILITY FOR ANY AND ALL DIRECT DAMAGES AND LOSSES THAT ARISE UNDER OR IN CONNECTION WITH THIS AGREEMENT SHALL NOT IN ANY CIRCUMSTANCE EXCEED THE AMOUNT OF 100.00 (ONE HUNDRED) UNITED STATES DOLLARS. THE FOREGOING LIMITATIONS AND EXCLUSIONS IN THIS SECTION ‎7 SHALL APPLY: (I) EVEN IF APPLITOOLS HAS BEEN ADVISED OF THE POSSIBILITY OF ANY DAMAGES OR LOSSES; (II) EVEN IF ANY REMEDY SET FORTH HEREIN FAILS OF ITS ESSENTIAL PURPOSE; AND (III) REGARDLESS OF THE BASIS OR THEORY OF LIABILITY.\n1. Export Laws. Licensee agrees to comply fully with all U.S., EU, Israeli, and all applicable export laws and regulations to ensure that neither the Software nor any technical data related thereto are exported or re-exported directly or indirectly in violation of, or used for any purposes prohibited by, such laws and regulations. For clarity, and without derogating from Section ‎11 below, in case of any change of any applicable law, policy or regulation, which might affect Applitools’ business, Applitools will have the right to terminate this Agreement and the license granted hereunder and the Licensee shall have no claims regarding such termination. \n1. Term and Termination. This Agreement shall continue until terminated as set forth in this section (the “Term”). You may terminate this Agreement at any time by removing the Software from Your system and destroying all copies of the Software and Documentation relating to the Software. Unauthorized copying of the Software or otherwise failing to comply with this Agreement will result in automatic immediate termination of this Agreement and will make available to Applitools legal remedies. Applitools reserves the right to terminate this Agreement and the License at any time and without notice. Upon termination of this Agreement, the License will terminate and You: (i) will cease any and all rights to use the Software, and (ii) will remove the Software from all hard drives, networks and other storage media and destroy all copies of the Software in your possession or under your control. The provisions of Sections ‎2.3, ‎2.4, ‎2.5, ‎6, ‎7, ‎8, ‎9, 10, ‎11 and ‎12 shall survive the termination, expiration or other ending of this Agreement.\n1. Miscellaneous. This Agreement represents the complete agreement concerning the Software between You and Applitools and supersedes all prior agreements and representations between You and Applitools. If any provision of this Agreement is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable. Any waiver of any provision of this Agreement will be effective only if in writing and signed by Applitools. This Agreement is personal to You and may not be assigned or transferred for any reason whatsoever without the consent of Applitools and any action or conduct in violation of the foregoing shall be void and without effect. Applitools expressly reserves the right to assign this Agreement and to delegate any of its obligations hereunder. This Agreement are governed by and construed under the laws of the State of Israel, excluding its conflicts of law rules. You expressly agree that the exclusive jurisdiction for any claim or action arising out of or relating to this Agreement shall be the courts located in Tel Aviv, Israel, and You further agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action. 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BY INSTALLING, ACCESSING AND/OR USING THE SOFTWARE (AS DEFINED BELOW), YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOU, OR THE COMPANY YOU REPRESENT, (“YOU” OR “LICENSEE”) ARE ENTERING INTO A LEGAL AGREEMENT WITH APPLITOOLS LTD. AND ITS AFFILIATES (“APPLITOOLS”), AND HAVE UNDERSTOOD AND AGREE TO COMPLY WITH, AND BE LEGALLY BOUND BY, THE TERMS AND CONDITIONS OF THIS AGREEMENT. YOU HEREBY WAIVE ANY RIGHTS OR REQUIREMENTS UNDER ANY LAWS OR REGULATIONS IN ANY JURISDICTION WHICH REQUIRE AN ORIGINAL (NON-ELECTRONIC) SIGNATURE OR DELIVERY OR RETENTION OF NON-ELECTRONIC RECORDS, TO THE EXTENT PERMITTED UNDER APPLICABLE LAW. \nTHE SOFTWARE MAY BE USED SOLELY FOR YOUR PERSONAL, NON-COMMERCIAL PURPOSES. FOR COMMERCIAL PURPOSES PLEASE CONTACT THE REGIONAL APPLITOOLS BUSINESS REPRESENTATIVE. \n1. Definitions. For purposes of this Agreement, the following capitalized terms shall have the following meaning:\n   1. “Documentation” means the user’s guides and technical manuals delivered by Applitools to Licensee.\n   2.  “Feedback” means suggestions, comments or feedback (whether orally or in writing) with respect to the Software.\n   3. “Intellectual Property Rights” means all intangible legal rights, titles and interests evidenced by or embodied in all: (i) inventions (regardless of patentability and whether or not reduced to practice), improvements thereto, patents, patent applications, patent disclosures, together with all reissuances, continuations, continuations in part, revisions, extensions and reexaminations thereof; (ii) trademarks, service marks, trade dress, logos, trade names, corporate names, together with translations, adaptations, derivations and combinations thereof, including goodwill associated therewith, and applications, registrations, and renewals in connection therewith; (iii) any work of authorship, regardless of copyrightable, copyrightable works, copyrights (including moral rights), and applications, registrations and renewals in connection therewith; (iv) mask works and applications, registrations and renewals in connection therewith; (v) trade secrets and Confidential Information; and (vi) other proprietary rights and any other similar rights, in each case on a worldwide basis, and copies and tangible embodiments thereof, in whatever form or medium.\n   4. “License” means the right to use the Software pursuant to Section ‎2.1 to this Agreement.\n   5.  “Software” means Applitools’ software development kit software in object or source code version, Documentation and any updates and upgrade thereto (to the extent delivered).\n1. License\n   1. Grant of License. Subject to the terms and conditions of this Agreement, Applitools grants You, during the Term, a personal, non-exclusive, non-sublicensable, non-transferable, revocable license to: (i) use the Software solely for Your own personal (non-commercial) use and (ii) use and display Applitools’ Marks solely for the purpose of publicizing or advertising that You are using the Software. \n   2. Documentation. Applitools may make available Documentation to Licensee for Licensee to use solely in connection with Licensee’s use of the Software during the term of this Agreement. Licensee may print or copy the Documentation as needed for its own purposes provided that all copyright notices are included therein. The Documentation shall be considered the Confidential Information of Applitools. \n   1. Reservation of Rights; Use Restrictions. Other than the rights explicitly granted in this Agreement, Licensee shall have no other rights, express or implied, in the Software. Without limiting the generality of the foregoing, Licensee agrees and undertakes not to: (i) allow any third party to use the Software in any manner, including but not limited to, sell, lease, sublicense or distribute the Software, or any part thereof; (ii) modify, revise, or alter the Software or reverse engineer, decompile, disassemble or otherwise reduce to human-perceivable form the Software’s source code; (iii) copy or allow copies of the Software to be made; (iv) remove, alter or obscure any proprietary notice or identification, including copyright, trademark, patent or other notices, contained in or displayed on or via the Software; (v) use the Software to violate any applicable laws, rules or regulations, or for any unlawful, harmful, irresponsible, or inappropriate purpose, or in any manner that breaches this Agreement, and/or (vi) represent that it possesses any proprietary interest in the Software.\n   1. Third Party Software. Licensee acknowledges and agrees that any third party software (“Third Party Software”) that provided with the Software is provided under the terms of the license attached/linked thereto or, if no such license is attached, such Third Party Software is provided for free and on “AS IS” basis. Applitools is not liable for any losses or damages which may occur resulting from the use of any Third Party Software. Applitools does not possess any proprietary interest in such Third Party Software. \n   1. Open Source Licenses. The Software includes certain open source code software and materials (as shall be listed in the documentation of the Software) (“Open Source Software”) that are subject to their respective open source licenses (“Open Source Licenses”). Such Open Source Licenses contain a list of conditions with respect to warranty, copyright policy and other provisions. By executing this Agreement, Licensee undertakes to strictly comply with the terms and condition of the Open Source Licenses, as may be amended from time to time. In order to comply with the Open Source Licenses, Licensee shall read the respective licenses or notices, such list of Open Source Licenses may be amended from time to time by Applitools, at its sole discretion. In the event of any inconsistencies or conflicting provisions between the provisions of the Open Source Licenses and the provisions of this Agreement, the provisions of the Open Source Licenses shall prevail. Without derogating from the generality of the foregoing, it is clarified that any Open Source Software is provided on an “AS IS” basis, without indemnity or warranty of any kind, whether express or implied. For clarity, the representations and warranties set forth in Section ‎4 hereunder shall not apply to any Open Source Software.\n1. Title & Ownership. APPLITOOLS DOES NOT SELL OR TRANSFER TITLE IN THE SOFTWARE, OR ANY PART THEREOF, TO LICENSEE. The Documentation, Software (excluding any Open Source Software and Third Party Software therein which are owned by their respective licensors) and/or any copies thereof, including without limitation any derivative works made (regardless of whether such derivative works were made and/or developed pursuant to the request and/or specifications of Licensee, and irrespective of any support and/or assistance Applitools may, will or had received from Licensee, or any third party on its behalf, with respect thereto), as well as any updates or upgrades thereto, if provided to Applitools pursuant to this Agreement, shall remain Applitools’ sole and exclusive property. All Intellectual Property Rights evidenced by or embodied in and/or attached/connected/related to the Software, or part thereof, are and shall be owned solely and exclusively by Applitools. Nothing in this Agreement shall constitute a waiver of Applitools’ Intellectual Property Rights under any law, or be in any way construed or interpreted as such. It is further agreed that to the extent Licensee provides Applitools with Feedback, Licensee acknowledges that any and all rights, including Intellectual Property Rights in such Feedback shall belong exclusively to Applitools and Licensee hereby irrevocably and unconditionally transfers and assigns to Applitools all intellectual property rights in such Feedback and waives any and all moral rights that Licensee may have in respect thereto. It is further understood that use of Feedback, if any, may be made by Applitools at its sole discretion, and that Applitools in no way shall be obliged to make use of any kind of the Feedback or part thereof. \n1. Warranty. Applitools warrants that to its knowledge it has the right to grant the license under this Agreement. Applitools’ sole liability for any breach of this warranty or any other warranty under this Agreement shall be, at Applitools’ sole discretion: (i) to replace or repair the Software or the applicable portion thereof; or (ii) to terminate this Agreement.\n2. Warranty Exclusions. The warranties set forth in Section ‎4 are contingent upon Licensee’s proper use of the Software, and shall not apply to damage caused by abuse, misuse, alteration, neglect or unauthorized repair or installation, or by the use or attempted use of Software other than that supplied and supported by Applitools. Applitools will use reasonable commercial efforts to repair or replace the Software or the applicable portion thereof, pursuant to the foregoing warranty within thirty (30) days of being so notified.\n1. Warranty Disclaimers. AS BETWEEN LICENSEE AND APPLITOOLS, EXCEPT AS SET IN SECTION ‎4, THE SOFTWARE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND INCLUDING, WITHOUT LIMITATION, REPRESENTATIONS, WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR INTENDED OR PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, THAT THE SOFTWARE WILL MEET LICENSEE’S REQUIREMENTS OR EXPECTATIONS OR WILL ACHIEVE ANY SPECIFIC RESULTS AND THOSE ARISING BY STATUTE OR FROM A COURSE OF DEALING OR USAGE OF TRADE. Applicable law may not allow the exclusion of certain warranties, so to that extent such exclusions may not apply.\n1. High Risk Activities. You acknowledge that the Software is not fault tolerant and is not designed, manufactured, or intended for use or resale as on-line control equipment in hazardous or high risk environments and activities requiring fail-safe performance (such as in the operation of nuclear facilities, aircraft navigation or communication systems, air traffic control, direct life support machines and/or devices, or weapons systems) in which the failure of the Software could lead directly to death, personal injury, or severe physical or environmental damage, and You agree not to use or allow the use of the Software or any portion thereof for, or in connection with, any such environment or activity.\n1. Indemnify. You agree that Applitools shall have no liability whatsoever for any use made of the Software by You or any third party. You hereby agree to defend, indemnify and hold harmless Applitools and its affiliates and their respective officers, directors, agents and employees from any and all claims, damages, liabilities, costs, and expenses (including attorney’s fees) arising from claims related to Your use of the Software as well as from Your failure to comply with this Agreement.\n1. Limitation of Liability. UNDER NO CIRCUMSTANCES SHALL APPLITOOLS AND/OR ITS AFFILIATES BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, OR FOR ANY LOSS OF DATA, REVENUE, BUSINESS OR REPUTATION, THAT ARISES UNDER OR IN CONNECTION WITH THIS AGREEMENT, OR THAT RESULTS FROM THE USE OF, OR THE INABILITY TO USE, THE SOFTWARE. APPLITOOLS’S TOTAL AGGREGATE LIABILITY FOR ANY AND ALL DIRECT DAMAGES AND LOSSES THAT ARISE UNDER OR IN CONNECTION WITH THIS AGREEMENT SHALL NOT IN ANY CIRCUMSTANCE EXCEED THE AMOUNT OF 100.00 (ONE HUNDRED) UNITED STATES DOLLARS. THE FOREGOING LIMITATIONS AND EXCLUSIONS IN THIS SECTION ‎7 SHALL APPLY: (I) EVEN IF APPLITOOLS HAS BEEN ADVISED OF THE POSSIBILITY OF ANY DAMAGES OR LOSSES; (II) EVEN IF ANY REMEDY SET FORTH HEREIN FAILS OF ITS ESSENTIAL PURPOSE; AND (III) REGARDLESS OF THE BASIS OR THEORY OF LIABILITY.\n1. Export Laws. Licensee agrees to comply fully with all U.S., EU, Israeli, and all applicable export laws and regulations to ensure that neither the Software nor any technical data related thereto are exported or re-exported directly or indirectly in violation of, or used for any purposes prohibited by, such laws and regulations. For clarity, and without derogating from Section ‎11 below, in case of any change of any applicable law, policy or regulation, which might affect Applitools’ business, Applitools will have the right to terminate this Agreement and the license granted hereunder and the Licensee shall have no claims regarding such termination. \n1. Term and Termination. This Agreement shall continue until terminated as set forth in this section (the “Term”). You may terminate this Agreement at any time by removing the Software from Your system and destroying all copies of the Software and Documentation relating to the Software. Unauthorized copying of the Software or otherwise failing to comply with this Agreement will result in automatic immediate termination of this Agreement and will make available to Applitools legal remedies. Applitools reserves the right to terminate this Agreement and the License at any time and without notice. Upon termination of this Agreement, the License will terminate and You: (i) will cease any and all rights to use the Software, and (ii) will remove the Software from all hard drives, networks and other storage media and destroy all copies of the Software in your possession or under your control. The provisions of Sections ‎2.3, ‎2.4, ‎2.5, ‎6, ‎7, ‎8, ‎9, 10, ‎11 and ‎12 shall survive the termination, expiration or other ending of this Agreement.\n1. Miscellaneous. This Agreement represents the complete agreement concerning the Software between You and Applitools and supersedes all prior agreements and representations between You and Applitools. If any provision of this Agreement is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable. Any waiver of any provision of this Agreement will be effective only if in writing and signed by Applitools. This Agreement is personal to You and may not be assigned or transferred for any reason whatsoever without the consent of Applitools and any action or conduct in violation of the foregoing shall be void and without effect. Applitools expressly reserves the right to assign this Agreement and to delegate any of its obligations hereunder. This Agreement are governed by and construed under the laws of the State of Israel, excluding its conflicts of law rules. You expressly agree that the exclusive jurisdiction for any claim or action arising out of or relating to this Agreement shall be the courts located in Tel Aviv, Israel, and You further agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action. In any action or proceeding to enforce rights under this Agreement, the prevailing party shall be entitled to recover costs and attorneys’ 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BY INSTALLING, ACCESSING AND/OR USING THE SOFTWARE (AS DEFINED BELOW), YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOU, OR THE COMPANY YOU REPRESENT, (“YOU” OR “LICENSEE”) ARE ENTERING INTO A LEGAL AGREEMENT WITH APPLITOOLS LTD. AND ITS AFFILIATES (“APPLITOOLS”), AND HAVE UNDERSTOOD AND AGREE TO COMPLY WITH, AND BE LEGALLY BOUND BY, THE TERMS AND CONDITIONS OF THIS AGREEMENT. YOU HEREBY WAIVE ANY RIGHTS OR REQUIREMENTS UNDER ANY LAWS OR REGULATIONS IN ANY JURISDICTION WHICH REQUIRE AN ORIGINAL (NON-ELECTRONIC) SIGNATURE OR DELIVERY OR RETENTION OF NON-ELECTRONIC RECORDS, TO THE EXTENT PERMITTED UNDER APPLICABLE LAW. \nTHE SOFTWARE MAY BE USED SOLELY FOR YOUR PERSONAL, NON-COMMERCIAL PURPOSES. FOR COMMERCIAL PURPOSES PLEASE CONTACT THE REGIONAL APPLITOOLS BUSINESS REPRESENTATIVE. \n1. Definitions. For purposes of this Agreement, the following capitalized terms shall have the following meaning:\n   1. “Documentation” means the user’s guides and technical manuals delivered by Applitools to Licensee.\n   2.  “Feedback” means suggestions, comments or feedback (whether orally or in writing) with respect to the Software.\n   3. “Intellectual Property Rights” means all intangible legal rights, titles and interests evidenced by or embodied in all: (i) inventions (regardless of patentability and whether or not reduced to practice), improvements thereto, patents, patent applications, patent disclosures, together with all reissuances, continuations, continuations in part, revisions, extensions and reexaminations thereof; (ii) trademarks, service marks, trade dress, logos, trade names, corporate names, together with translations, adaptations, derivations and combinations thereof, including goodwill associated therewith, and applications, registrations, and renewals in connection therewith; (iii) any work of authorship, regardless of copyrightable, copyrightable works, copyrights (including moral rights), and applications, registrations and renewals in connection therewith; (iv) mask works and applications, registrations and renewals in connection therewith; (v) trade secrets and Confidential Information; and (vi) other proprietary rights and any other similar rights, in each case on a worldwide basis, and copies and tangible embodiments thereof, in whatever form or medium.\n   4. “License” means the right to use the Software pursuant to Section ‎2.1 to this Agreement.\n   5.  “Software” means Applitools’ software development kit software in object or source code version, Documentation and any updates and upgrade thereto (to the extent delivered).\n1. License\n   1. Grant of License. Subject to the terms and conditions of this Agreement, Applitools grants You, during the Term, a personal, non-exclusive, non-sublicensable, non-transferable, revocable license to: (i) use the Software solely for Your own personal (non-commercial) use and (ii) use and display Applitools’ Marks solely for the purpose of publicizing or advertising that You are using the Software. \n   2. Documentation. Applitools may make available Documentation to Licensee for Licensee to use solely in connection with Licensee’s use of the Software during the term of this Agreement. Licensee may print or copy the Documentation as needed for its own purposes provided that all copyright notices are included therein. The Documentation shall be considered the Confidential Information of Applitools. \n   1. Reservation of Rights; Use Restrictions. Other than the rights explicitly granted in this Agreement, Licensee shall have no other rights, express or implied, in the Software. Without limiting the generality of the foregoing, Licensee agrees and undertakes not to: (i) allow any third party to use the Software in any manner, including but not limited to, sell, lease, sublicense or distribute the Software, or any part thereof; (ii) modify, revise, or alter the Software or reverse engineer, decompile, disassemble or otherwise reduce to human-perceivable form the Software’s source code; (iii) copy or allow copies of the Software to be made; (iv) remove, alter or obscure any proprietary notice or identification, including copyright, trademark, patent or other notices, contained in or displayed on or via the Software; (v) use the Software to violate any applicable laws, rules or regulations, or for any unlawful, harmful, irresponsible, or inappropriate purpose, or in any manner that breaches this Agreement, and/or (vi) represent that it possesses any proprietary interest in the Software.\n   1. Third Party Software. Licensee acknowledges and agrees that any third party software (“Third Party Software”) that provided with the Software is provided under the terms of the license attached/linked thereto or, if no such license is attached, such Third Party Software is provided for free and on “AS IS” basis. Applitools is not liable for any losses or damages which may occur resulting from the use of any Third Party Software. Applitools does not possess any proprietary interest in such Third Party Software. \n   1. Open Source Licenses. The Software includes certain open source code software and materials (as shall be listed in the documentation of the Software) (“Open Source Software”) that are subject to their respective open source licenses (“Open Source Licenses”). Such Open Source Licenses contain a list of conditions with respect to warranty, copyright policy and other provisions. By executing this Agreement, Licensee undertakes to strictly comply with the terms and condition of the Open Source Licenses, as may be amended from time to time. In order to comply with the Open Source Licenses, Licensee shall read the respective licenses or notices, such list of Open Source Licenses may be amended from time to time by Applitools, at its sole discretion. In the event of any inconsistencies or conflicting provisions between the provisions of the Open Source Licenses and the provisions of this Agreement, the provisions of the Open Source Licenses shall prevail. Without derogating from the generality of the foregoing, it is clarified that any Open Source Software is provided on an “AS IS” basis, without indemnity or warranty of any kind, whether express or implied. For clarity, the representations and warranties set forth in Section ‎4 hereunder shall not apply to any Open Source Software.\n1. Title & Ownership. APPLITOOLS DOES NOT SELL OR TRANSFER TITLE IN THE SOFTWARE, OR ANY PART THEREOF, TO LICENSEE. The Documentation, Software (excluding any Open Source Software and Third Party Software therein which are owned by their respective licensors) and/or any copies thereof, including without limitation any derivative works made (regardless of whether such derivative works were made and/or developed pursuant to the request and/or specifications of Licensee, and irrespective of any support and/or assistance Applitools may, will or had received from Licensee, or any third party on its behalf, with respect thereto), as well as any updates or upgrades thereto, if provided to Applitools pursuant to this Agreement, shall remain Applitools’ sole and exclusive property. All Intellectual Property Rights evidenced by or embodied in and/or attached/connected/related to the Software, or part thereof, are and shall be owned solely and exclusively by Applitools. Nothing in this Agreement shall constitute a waiver of Applitools’ Intellectual Property Rights under any law, or be in any way construed or interpreted as such. It is further agreed that to the extent Licensee provides Applitools with Feedback, Licensee acknowledges that any and all rights, including Intellectual Property Rights in such Feedback shall belong exclusively to Applitools and Licensee hereby irrevocably and unconditionally transfers and assigns to Applitools all intellectual property rights in such Feedback and waives any and all moral rights that Licensee may have in respect thereto. It is further understood that use of Feedback, if any, may be made by Applitools at its sole discretion, and that Applitools in no way shall be obliged to make use of any kind of the Feedback or part thereof. \n1. Warranty. Applitools warrants that to its knowledge it has the right to grant the license under this Agreement. Applitools’ sole liability for any breach of this warranty or any other warranty under this Agreement shall be, at Applitools’ sole discretion: (i) to replace or repair the Software or the applicable portion thereof; or (ii) to terminate this Agreement.\n2. Warranty Exclusions. The warranties set forth in Section ‎4 are contingent upon Licensee’s proper use of the Software, and shall not apply to damage caused by abuse, misuse, alteration, neglect or unauthorized repair or installation, or by the use or attempted use of Software other than that supplied and supported by Applitools. Applitools will use reasonable commercial efforts to repair or replace the Software or the applicable portion thereof, pursuant to the foregoing warranty within thirty (30) days of being so notified.\n1. Warranty Disclaimers. AS BETWEEN LICENSEE AND APPLITOOLS, EXCEPT AS SET IN SECTION ‎4, THE SOFTWARE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND INCLUDING, WITHOUT LIMITATION, REPRESENTATIONS, WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR INTENDED OR PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, THAT THE SOFTWARE WILL MEET LICENSEE’S REQUIREMENTS OR EXPECTATIONS OR WILL ACHIEVE ANY SPECIFIC RESULTS AND THOSE ARISING BY STATUTE OR FROM A COURSE OF DEALING OR USAGE OF TRADE. Applicable law may not allow the exclusion of certain warranties, so to that extent such exclusions may not apply.\n1. High Risk Activities. You acknowledge that the Software is not fault tolerant and is not designed, manufactured, or intended for use or resale as on-line control equipment in hazardous or high risk environments and activities requiring fail-safe performance (such as in the operation of nuclear facilities, aircraft navigation or communication systems, air traffic control, direct life support machines and/or devices, or weapons systems) in which the failure of the Software could lead directly to death, personal injury, or severe physical or environmental damage, and You agree not to use or allow the use of the Software or any portion thereof for, or in connection with, any such environment or activity.\n1. Indemnify. You agree that Applitools shall have no liability whatsoever for any use made of the Software by You or any third party. You hereby agree to defend, indemnify and hold harmless Applitools and its affiliates and their respective officers, directors, agents and employees from any and all claims, damages, liabilities, costs, and expenses (including attorney’s fees) arising from claims related to Your use of the Software as well as from Your failure to comply with this Agreement.\n1. Limitation of Liability. UNDER NO CIRCUMSTANCES SHALL APPLITOOLS AND/OR ITS AFFILIATES BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, OR FOR ANY LOSS OF DATA, REVENUE, BUSINESS OR REPUTATION, THAT ARISES UNDER OR IN CONNECTION WITH THIS AGREEMENT, OR THAT RESULTS FROM THE USE OF, OR THE INABILITY TO USE, THE SOFTWARE. APPLITOOLS’S TOTAL AGGREGATE LIABILITY FOR ANY AND ALL DIRECT DAMAGES AND LOSSES THAT ARISE UNDER OR IN CONNECTION WITH THIS AGREEMENT SHALL NOT IN ANY CIRCUMSTANCE EXCEED THE AMOUNT OF 100.00 (ONE HUNDRED) UNITED STATES DOLLARS. THE FOREGOING LIMITATIONS AND EXCLUSIONS IN THIS SECTION ‎7 SHALL APPLY: (I) EVEN IF APPLITOOLS HAS BEEN ADVISED OF THE POSSIBILITY OF ANY DAMAGES OR LOSSES; (II) EVEN IF ANY REMEDY SET FORTH HEREIN FAILS OF ITS ESSENTIAL PURPOSE; AND (III) REGARDLESS OF THE BASIS OR THEORY OF LIABILITY.\n1. Export Laws. Licensee agrees to comply fully with all U.S., EU, Israeli, and all applicable export laws and regulations to ensure that neither the Software nor any technical data related thereto are exported or re-exported directly or indirectly in violation of, or used for any purposes prohibited by, such laws and regulations. For clarity, and without derogating from Section ‎11 below, in case of any change of any applicable law, policy or regulation, which might affect Applitools’ business, Applitools will have the right to terminate this Agreement and the license granted hereunder and the Licensee shall have no claims regarding such termination. \n1. Term and Termination. This Agreement shall continue until terminated as set forth in this section (the “Term”). You may terminate this Agreement at any time by removing the Software from Your system and destroying all copies of the Software and Documentation relating to the Software. Unauthorized copying of the Software or otherwise failing to comply with this Agreement will result in automatic immediate termination of this Agreement and will make available to Applitools legal remedies. Applitools reserves the right to terminate this Agreement and the License at any time and without notice. Upon termination of this Agreement, the License will terminate and You: (i) will cease any and all rights to use the Software, and (ii) will remove the Software from all hard drives, networks and other storage media and destroy all copies of the Software in your possession or under your control. The provisions of Sections ‎2.3, ‎2.4, ‎2.5, ‎6, ‎7, ‎8, ‎9, 10, ‎11 and ‎12 shall survive the termination, expiration or other ending of this Agreement.\n1. Miscellaneous. This Agreement represents the complete agreement concerning the Software between You and Applitools and supersedes all prior agreements and representations between You and Applitools. If any provision of this Agreement is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable. Any waiver of any provision of this Agreement will be effective only if in writing and signed by Applitools. This Agreement is personal to You and may not be assigned or transferred for any reason whatsoever without the consent of Applitools and any action or conduct in violation of the foregoing shall be void and without effect. Applitools expressly reserves the right to assign this Agreement and to delegate any of its obligations hereunder. This Agreement are governed by and construed under the laws of the State of Israel, excluding its conflicts of law rules. You expressly agree that the exclusive jurisdiction for any claim or action arising out of or relating to this Agreement shall be the courts located in Tel Aviv, Israel, and You further agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action. In any action or proceeding to enforce rights under this Agreement, the prevailing party shall be entitled to recover costs and attorneys’ 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BY INSTALLING, ACCESSING AND/OR USING THE SOFTWARE (AS DEFINED BELOW), YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOU, OR THE COMPANY YOU REPRESENT, (“YOU” OR “LICENSEE”) ARE ENTERING INTO A LEGAL AGREEMENT WITH APPLITOOLS LTD. AND ITS AFFILIATES (“APPLITOOLS”), AND HAVE UNDERSTOOD AND AGREE TO COMPLY WITH, AND BE LEGALLY BOUND BY, THE TERMS AND CONDITIONS OF THIS AGREEMENT. YOU HEREBY WAIVE ANY RIGHTS OR REQUIREMENTS UNDER ANY LAWS OR REGULATIONS IN ANY JURISDICTION WHICH REQUIRE AN ORIGINAL (NON-ELECTRONIC) SIGNATURE OR DELIVERY OR RETENTION OF NON-ELECTRONIC RECORDS, TO THE EXTENT PERMITTED UNDER APPLICABLE LAW. \nTHE SOFTWARE MAY BE USED SOLELY FOR YOUR PERSONAL, NON-COMMERCIAL PURPOSES. FOR COMMERCIAL PURPOSES PLEASE CONTACT THE REGIONAL APPLITOOLS BUSINESS REPRESENTATIVE. \n1. Definitions. For purposes of this Agreement, the following capitalized terms shall have the following meaning:\n   1. “Documentation” means the user’s guides and technical manuals delivered by Applitools to Licensee.\n   2.  “Feedback” means suggestions, comments or feedback (whether orally or in writing) with respect to the Software.\n   3. “Intellectual Property Rights” means all intangible legal rights, titles and interests evidenced by or embodied in all: (i) inventions (regardless of patentability and whether or not reduced to practice), improvements thereto, patents, patent applications, patent disclosures, together with all reissuances, continuations, continuations in part, revisions, extensions and reexaminations thereof; (ii) trademarks, service marks, trade dress, logos, trade names, corporate names, together with translations, adaptations, derivations and combinations thereof, including goodwill associated therewith, and applications, registrations, and renewals in connection therewith; (iii) any work of authorship, regardless of copyrightable, copyrightable works, copyrights (including moral rights), and applications, registrations and renewals in connection therewith; (iv) mask works and applications, registrations and renewals in connection therewith; (v) trade secrets and Confidential Information; and (vi) other proprietary rights and any other similar rights, in each case on a worldwide basis, and copies and tangible embodiments thereof, in whatever form or medium.\n   4. “License” means the right to use the Software pursuant to Section ‎2.1 to this Agreement.\n   5.  “Software” means Applitools’ software development kit software in object or source code version, Documentation and any updates and upgrade thereto (to the extent delivered).\n1. License\n   1. Grant of License. Subject to the terms and conditions of this Agreement, Applitools grants You, during the Term, a personal, non-exclusive, non-sublicensable, non-transferable, revocable license to: (i) use the Software solely for Your own personal (non-commercial) use and (ii) use and display Applitools’ Marks solely for the purpose of publicizing or advertising that You are using the Software. \n   2. Documentation. Applitools may make available Documentation to Licensee for Licensee to use solely in connection with Licensee’s use of the Software during the term of this Agreement. Licensee may print or copy the Documentation as needed for its own purposes provided that all copyright notices are included therein. The Documentation shall be considered the Confidential Information of Applitools. \n   1. Reservation of Rights; Use Restrictions. Other than the rights explicitly granted in this Agreement, Licensee shall have no other rights, express or implied, in the Software. Without limiting the generality of the foregoing, Licensee agrees and undertakes not to: (i) allow any third party to use the Software in any manner, including but not limited to, sell, lease, sublicense or distribute the Software, or any part thereof; (ii) modify, revise, or alter the Software or reverse engineer, decompile, disassemble or otherwise reduce to human-perceivable form the Software’s source code; (iii) copy or allow copies of the Software to be made; (iv) remove, alter or obscure any proprietary notice or identification, including copyright, trademark, patent or other notices, contained in or displayed on or via the Software; (v) use the Software to violate any applicable laws, rules or regulations, or for any unlawful, harmful, irresponsible, or inappropriate purpose, or in any manner that breaches this Agreement, and/or (vi) represent that it possesses any proprietary interest in the Software.\n   1. Third Party Software. Licensee acknowledges and agrees that any third party software (“Third Party Software”) that provided with the Software is provided under the terms of the license attached/linked thereto or, if no such license is attached, such Third Party Software is provided for free and on “AS IS” basis. Applitools is not liable for any losses or damages which may occur resulting from the use of any Third Party Software. Applitools does not possess any proprietary interest in such Third Party Software. \n   1. Open Source Licenses. The Software includes certain open source code software and materials (as shall be listed in the documentation of the Software) (“Open Source Software”) that are subject to their respective open source licenses (“Open Source Licenses”). Such Open Source Licenses contain a list of conditions with respect to warranty, copyright policy and other provisions. By executing this Agreement, Licensee undertakes to strictly comply with the terms and condition of the Open Source Licenses, as may be amended from time to time. In order to comply with the Open Source Licenses, Licensee shall read the respective licenses or notices, such list of Open Source Licenses may be amended from time to time by Applitools, at its sole discretion. In the event of any inconsistencies or conflicting provisions between the provisions of the Open Source Licenses and the provisions of this Agreement, the provisions of the Open Source Licenses shall prevail. Without derogating from the generality of the foregoing, it is clarified that any Open Source Software is provided on an “AS IS” basis, without indemnity or warranty of any kind, whether express or implied. For clarity, the representations and warranties set forth in Section ‎4 hereunder shall not apply to any Open Source Software.\n1. Title & Ownership. APPLITOOLS DOES NOT SELL OR TRANSFER TITLE IN THE SOFTWARE, OR ANY PART THEREOF, TO LICENSEE. The Documentation, Software (excluding any Open Source Software and Third Party Software therein which are owned by their respective licensors) and/or any copies thereof, including without limitation any derivative works made (regardless of whether such derivative works were made and/or developed pursuant to the request and/or specifications of Licensee, and irrespective of any support and/or assistance Applitools may, will or had received from Licensee, or any third party on its behalf, with respect thereto), as well as any updates or upgrades thereto, if provided to Applitools pursuant to this Agreement, shall remain Applitools’ sole and exclusive property. All Intellectual Property Rights evidenced by or embodied in and/or attached/connected/related to the Software, or part thereof, are and shall be owned solely and exclusively by Applitools. Nothing in this Agreement shall constitute a waiver of Applitools’ Intellectual Property Rights under any law, or be in any way construed or interpreted as such. It is further agreed that to the extent Licensee provides Applitools with Feedback, Licensee acknowledges that any and all rights, including Intellectual Property Rights in such Feedback shall belong exclusively to Applitools and Licensee hereby irrevocably and unconditionally transfers and assigns to Applitools all intellectual property rights in such Feedback and waives any and all moral rights that Licensee may have in respect thereto. It is further understood that use of Feedback, if any, may be made by Applitools at its sole discretion, and that Applitools in no way shall be obliged to make use of any kind of the Feedback or part thereof. \n1. Warranty. Applitools warrants that to its knowledge it has the right to grant the license under this Agreement. Applitools’ sole liability for any breach of this warranty or any other warranty under this Agreement shall be, at Applitools’ sole discretion: (i) to replace or repair the Software or the applicable portion thereof; or (ii) to terminate this Agreement.\n2. Warranty Exclusions. The warranties set forth in Section ‎4 are contingent upon Licensee’s proper use of the Software, and shall not apply to damage caused by abuse, misuse, alteration, neglect or unauthorized repair or installation, or by the use or attempted use of Software other than that supplied and supported by Applitools. Applitools will use reasonable commercial efforts to repair or replace the Software or the applicable portion thereof, pursuant to the foregoing warranty within thirty (30) days of being so notified.\n1. Warranty Disclaimers. AS BETWEEN LICENSEE AND APPLITOOLS, EXCEPT AS SET IN SECTION ‎4, THE SOFTWARE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND INCLUDING, WITHOUT LIMITATION, REPRESENTATIONS, WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR INTENDED OR PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, THAT THE SOFTWARE WILL MEET LICENSEE’S REQUIREMENTS OR EXPECTATIONS OR WILL ACHIEVE ANY SPECIFIC RESULTS AND THOSE ARISING BY STATUTE OR FROM A COURSE OF DEALING OR USAGE OF TRADE. Applicable law may not allow the exclusion of certain warranties, so to that extent such exclusions may not apply.\n1. High Risk Activities. You acknowledge that the Software is not fault tolerant and is not designed, manufactured, or intended for use or resale as on-line control equipment in hazardous or high risk environments and activities requiring fail-safe performance (such as in the operation of nuclear facilities, aircraft navigation or communication systems, air traffic control, direct life support machines and/or devices, or weapons systems) in which the failure of the Software could lead directly to death, personal injury, or severe physical or environmental damage, and You agree not to use or allow the use of the Software or any portion thereof for, or in connection with, any such environment or activity.\n1. Indemnify. You agree that Applitools shall have no liability whatsoever for any use made of the Software by You or any third party. You hereby agree to defend, indemnify and hold harmless Applitools and its affiliates and their respective officers, directors, agents and employees from any and all claims, damages, liabilities, costs, and expenses (including attorney’s fees) arising from claims related to Your use of the Software as well as from Your failure to comply with this Agreement.\n1. Limitation of Liability. UNDER NO CIRCUMSTANCES SHALL APPLITOOLS AND/OR ITS AFFILIATES BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, OR FOR ANY LOSS OF DATA, REVENUE, BUSINESS OR REPUTATION, THAT ARISES UNDER OR IN CONNECTION WITH THIS AGREEMENT, OR THAT RESULTS FROM THE USE OF, OR THE INABILITY TO USE, THE SOFTWARE. APPLITOOLS’S TOTAL AGGREGATE LIABILITY FOR ANY AND ALL DIRECT DAMAGES AND LOSSES THAT ARISE UNDER OR IN CONNECTION WITH THIS AGREEMENT SHALL NOT IN ANY CIRCUMSTANCE EXCEED THE AMOUNT OF 100.00 (ONE HUNDRED) UNITED STATES DOLLARS. THE FOREGOING LIMITATIONS AND EXCLUSIONS IN THIS SECTION ‎7 SHALL APPLY: (I) EVEN IF APPLITOOLS HAS BEEN ADVISED OF THE POSSIBILITY OF ANY DAMAGES OR LOSSES; (II) EVEN IF ANY REMEDY SET FORTH HEREIN FAILS OF ITS ESSENTIAL PURPOSE; AND (III) REGARDLESS OF THE BASIS OR THEORY OF LIABILITY.\n1. Export Laws. Licensee agrees to comply fully with all U.S., EU, Israeli, and all applicable export laws and regulations to ensure that neither the Software nor any technical data related thereto are exported or re-exported directly or indirectly in violation of, or used for any purposes prohibited by, such laws and regulations. For clarity, and without derogating from Section ‎11 below, in case of any change of any applicable law, policy or regulation, which might affect Applitools’ business, Applitools will have the right to terminate this Agreement and the license granted hereunder and the Licensee shall have no claims regarding such termination. \n1. Term and Termination. This Agreement shall continue until terminated as set forth in this section (the “Term”). You may terminate this Agreement at any time by removing the Software from Your system and destroying all copies of the Software and Documentation relating to the Software. Unauthorized copying of the Software or otherwise failing to comply with this Agreement will result in automatic immediate termination of this Agreement and will make available to Applitools legal remedies. Applitools reserves the right to terminate this Agreement and the License at any time and without notice. Upon termination of this Agreement, the License will terminate and You: (i) will cease any and all rights to use the Software, and (ii) will remove the Software from all hard drives, networks and other storage media and destroy all copies of the Software in your possession or under your control. 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This Agreement are governed by and construed under the laws of the State of Israel, excluding its conflicts of law rules. You expressly agree that the exclusive jurisdiction for any claim or action arising out of or relating to this Agreement shall be the courts located in Tel Aviv, Israel, and You further agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action. 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BY INSTALLING, ACCESSING AND/OR USING THE SOFTWARE (AS DEFINED BELOW), YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOU, OR THE COMPANY YOU REPRESENT, (“YOU” OR “LICENSEE”) ARE ENTERING INTO A LEGAL AGREEMENT WITH APPLITOOLS LTD. AND ITS AFFILIATES (“APPLITOOLS”), AND HAVE UNDERSTOOD AND AGREE TO COMPLY WITH, AND BE LEGALLY BOUND BY, THE TERMS AND CONDITIONS OF THIS AGREEMENT. YOU HEREBY WAIVE ANY RIGHTS OR REQUIREMENTS UNDER ANY LAWS OR REGULATIONS IN ANY JURISDICTION WHICH REQUIRE AN ORIGINAL (NON-ELECTRONIC) SIGNATURE OR DELIVERY OR RETENTION OF NON-ELECTRONIC RECORDS, TO THE EXTENT PERMITTED UNDER APPLICABLE LAW. \nTHE SOFTWARE MAY BE USED SOLELY FOR YOUR PERSONAL, NON-COMMERCIAL PURPOSES. FOR COMMERCIAL PURPOSES PLEASE CONTACT THE REGIONAL APPLITOOLS BUSINESS REPRESENTATIVE. \n1. Definitions. For purposes of this Agreement, the following capitalized terms shall have the following meaning:\n   1. “Documentation” means the user’s guides and technical manuals delivered by Applitools to Licensee.\n   2.  “Feedback” means suggestions, comments or feedback (whether orally or in writing) with respect to the Software.\n   3. “Intellectual Property Rights” means all intangible legal rights, titles and interests evidenced by or embodied in all: (i) inventions (regardless of patentability and whether or not reduced to practice), improvements thereto, patents, patent applications, patent disclosures, together with all reissuances, continuations, continuations in part, revisions, extensions and reexaminations thereof; (ii) trademarks, service marks, trade dress, logos, trade names, corporate names, together with translations, adaptations, derivations and combinations thereof, including goodwill associated therewith, and applications, registrations, and renewals in connection therewith; (iii) any work of authorship, regardless of copyrightable, copyrightable works, copyrights (including moral rights), and applications, registrations and renewals in connection therewith; (iv) mask works and applications, registrations and renewals in connection therewith; (v) trade secrets and Confidential Information; and (vi) other proprietary rights and any other similar rights, in each case on a worldwide basis, and copies and tangible embodiments thereof, in whatever form or medium.\n   4. “License” means the right to use the Software pursuant to Section ‎2.1 to this Agreement.\n   5.  “Software” means Applitools’ software development kit software in object or source code version, Documentation and any updates and upgrade thereto (to the extent delivered).\n1. 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Other than the rights explicitly granted in this Agreement, Licensee shall have no other rights, express or implied, in the Software. Without limiting the generality of the foregoing, Licensee agrees and undertakes not to: (i) allow any third party to use the Software in any manner, including but not limited to, sell, lease, sublicense or distribute the Software, or any part thereof; (ii) modify, revise, or alter the Software or reverse engineer, decompile, disassemble or otherwise reduce to human-perceivable form the Software’s source code; (iii) copy or allow copies of the Software to be made; (iv) remove, alter or obscure any proprietary notice or identification, including copyright, trademark, patent or other notices, contained in or displayed on or via the Software; (v) use the Software to violate any applicable laws, rules or regulations, or for any unlawful, harmful, irresponsible, or inappropriate purpose, or in any manner that breaches this Agreement, and/or (vi) represent that it possesses any proprietary interest in the Software.\n   1. Third Party Software. Licensee acknowledges and agrees that any third party software (“Third Party Software”) that provided with the Software is provided under the terms of the license attached/linked thereto or, if no such license is attached, such Third Party Software is provided for free and on “AS IS” basis. Applitools is not liable for any losses or damages which may occur resulting from the use of any Third Party Software. Applitools does not possess any proprietary interest in such Third Party Software. \n   1. Open Source Licenses. The Software includes certain open source code software and materials (as shall be listed in the documentation of the Software) (“Open Source Software”) that are subject to their respective open source licenses (“Open Source Licenses”). Such Open Source Licenses contain a list of conditions with respect to warranty, copyright policy and other provisions. By executing this Agreement, Licensee undertakes to strictly comply with the terms and condition of the Open Source Licenses, as may be amended from time to time. In order to comply with the Open Source Licenses, Licensee shall read the respective licenses or notices, such list of Open Source Licenses may be amended from time to time by Applitools, at its sole discretion. In the event of any inconsistencies or conflicting provisions between the provisions of the Open Source Licenses and the provisions of this Agreement, the provisions of the Open Source Licenses shall prevail. Without derogating from the generality of the foregoing, it is clarified that any Open Source Software is provided on an “AS IS” basis, without indemnity or warranty of any kind, whether express or implied. For clarity, the representations and warranties set forth in Section ‎4 hereunder shall not apply to any Open Source Software.\n1. Title & Ownership. APPLITOOLS DOES NOT SELL OR TRANSFER TITLE IN THE SOFTWARE, OR ANY PART THEREOF, TO LICENSEE. The Documentation, Software (excluding any Open Source Software and Third Party Software therein which are owned by their respective licensors) and/or any copies thereof, including without limitation any derivative works made (regardless of whether such derivative works were made and/or developed pursuant to the request and/or specifications of Licensee, and irrespective of any support and/or assistance Applitools may, will or had received from Licensee, or any third party on its behalf, with respect thereto), as well as any updates or upgrades thereto, if provided to Applitools pursuant to this Agreement, shall remain Applitools’ sole and exclusive property. All Intellectual Property Rights evidenced by or embodied in and/or attached/connected/related to the Software, or part thereof, are and shall be owned solely and exclusively by Applitools. Nothing in this Agreement shall constitute a waiver of Applitools’ Intellectual Property Rights under any law, or be in any way construed or interpreted as such. It is further agreed that to the extent Licensee provides Applitools with Feedback, Licensee acknowledges that any and all rights, including Intellectual Property Rights in such Feedback shall belong exclusively to Applitools and Licensee hereby irrevocably and unconditionally transfers and assigns to Applitools all intellectual property rights in such Feedback and waives any and all moral rights that Licensee may have in respect thereto. It is further understood that use of Feedback, if any, may be made by Applitools at its sole discretion, and that Applitools in no way shall be obliged to make use of any kind of the Feedback or part thereof. \n1. Warranty. Applitools warrants that to its knowledge it has the right to grant the license under this Agreement. Applitools’ sole liability for any breach of this warranty or any other warranty under this Agreement shall be, at Applitools’ sole discretion: (i) to replace or repair the Software or the applicable portion thereof; or (ii) to terminate this Agreement.\n2. Warranty Exclusions. The warranties set forth in Section ‎4 are contingent upon Licensee’s proper use of the Software, and shall not apply to damage caused by abuse, misuse, alteration, neglect or unauthorized repair or installation, or by the use or attempted use of Software other than that supplied and supported by Applitools. Applitools will use reasonable commercial efforts to repair or replace the Software or the applicable portion thereof, pursuant to the foregoing warranty within thirty (30) days of being so notified.\n1. Warranty Disclaimers. AS BETWEEN LICENSEE AND APPLITOOLS, EXCEPT AS SET IN SECTION ‎4, THE SOFTWARE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND INCLUDING, WITHOUT LIMITATION, REPRESENTATIONS, WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR INTENDED OR PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, THAT THE SOFTWARE WILL MEET LICENSEE’S REQUIREMENTS OR EXPECTATIONS OR WILL ACHIEVE ANY SPECIFIC RESULTS AND THOSE ARISING BY STATUTE OR FROM A COURSE OF DEALING OR USAGE OF TRADE. Applicable law may not allow the exclusion of certain warranties, so to that extent such exclusions may not apply.\n1. High Risk Activities. You acknowledge that the Software is not fault tolerant and is not designed, manufactured, or intended for use or resale as on-line control equipment in hazardous or high risk environments and activities requiring fail-safe performance (such as in the operation of nuclear facilities, aircraft navigation or communication systems, air traffic control, direct life support machines and/or devices, or weapons systems) in which the failure of the Software could lead directly to death, personal injury, or severe physical or environmental damage, and You agree not to use or allow the use of the Software or any portion thereof for, or in connection with, any such environment or activity.\n1. Indemnify. You agree that Applitools shall have no liability whatsoever for any use made of the Software by You or any third party. You hereby agree to defend, indemnify and hold harmless Applitools and its affiliates and their respective officers, directors, agents and employees from any and all claims, damages, liabilities, costs, and expenses (including attorney’s fees) arising from claims related to Your use of the Software as well as from Your failure to comply with this Agreement.\n1. Limitation of Liability. UNDER NO CIRCUMSTANCES SHALL APPLITOOLS AND/OR ITS AFFILIATES BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, OR FOR ANY LOSS OF DATA, REVENUE, BUSINESS OR REPUTATION, THAT ARISES UNDER OR IN CONNECTION WITH THIS AGREEMENT, OR THAT RESULTS FROM THE USE OF, OR THE INABILITY TO USE, THE SOFTWARE. APPLITOOLS’S TOTAL AGGREGATE LIABILITY FOR ANY AND ALL DIRECT DAMAGES AND LOSSES THAT ARISE UNDER OR IN CONNECTION WITH THIS AGREEMENT SHALL NOT IN ANY CIRCUMSTANCE EXCEED THE AMOUNT OF 100.00 (ONE HUNDRED) UNITED STATES DOLLARS. THE FOREGOING LIMITATIONS AND EXCLUSIONS IN THIS SECTION ‎7 SHALL APPLY: (I) EVEN IF APPLITOOLS HAS BEEN ADVISED OF THE POSSIBILITY OF ANY DAMAGES OR LOSSES; (II) EVEN IF ANY REMEDY SET FORTH HEREIN FAILS OF ITS ESSENTIAL PURPOSE; AND (III) REGARDLESS OF THE BASIS OR THEORY OF LIABILITY.\n1. Export Laws. Licensee agrees to comply fully with all U.S., EU, Israeli, and all applicable export laws and regulations to ensure that neither the Software nor any technical data related thereto are exported or re-exported directly or indirectly in violation of, or used for any purposes prohibited by, such laws and regulations. For clarity, and without derogating from Section ‎11 below, in case of any change of any applicable law, policy or regulation, which might affect Applitools’ business, Applitools will have the right to terminate this Agreement and the license granted hereunder and the Licensee shall have no claims regarding such termination. \n1. Term and Termination. This Agreement shall continue until terminated as set forth in this section (the “Term”). You may terminate this Agreement at any time by removing the Software from Your system and destroying all copies of the Software and Documentation relating to the Software. Unauthorized copying of the Software or otherwise failing to comply with this Agreement will result in automatic immediate termination of this Agreement and will make available to Applitools legal remedies. Applitools reserves the right to terminate this Agreement and the License at any time and without notice. Upon termination of this Agreement, the License will terminate and You: (i) will cease any and all rights to use the Software, and (ii) will remove the Software from all hard drives, networks and other storage media and destroy all copies of the Software in your possession or under your control. 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BY INSTALLING, ACCESSING AND/OR USING THE SOFTWARE (AS DEFINED BELOW), YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOU, OR THE COMPANY YOU REPRESENT, (“YOU” OR “LICENSEE”) ARE ENTERING INTO A LEGAL AGREEMENT WITH APPLITOOLS LTD. AND ITS AFFILIATES (“APPLITOOLS”), AND HAVE UNDERSTOOD AND AGREE TO COMPLY WITH, AND BE LEGALLY BOUND BY, THE TERMS AND CONDITIONS OF THIS AGREEMENT. YOU HEREBY WAIVE ANY RIGHTS OR REQUIREMENTS UNDER ANY LAWS OR REGULATIONS IN ANY JURISDICTION WHICH REQUIRE AN ORIGINAL (NON-ELECTRONIC) SIGNATURE OR DELIVERY OR RETENTION OF NON-ELECTRONIC RECORDS, TO THE EXTENT PERMITTED UNDER APPLICABLE LAW. \nTHE SOFTWARE MAY BE USED SOLELY FOR YOUR PERSONAL, NON-COMMERCIAL PURPOSES. FOR COMMERCIAL PURPOSES PLEASE CONTACT THE REGIONAL APPLITOOLS BUSINESS REPRESENTATIVE. \n1. Definitions. For purposes of this Agreement, the following capitalized terms shall have the following meaning:\n   1. “Documentation” means the user’s guides and technical manuals delivered by Applitools to Licensee.\n   2.  “Feedback” means suggestions, comments or feedback (whether orally or in writing) with respect to the Software.\n   3. “Intellectual Property Rights” means all intangible legal rights, titles and interests evidenced by or embodied in all: (i) inventions (regardless of patentability and whether or not reduced to practice), improvements thereto, patents, patent applications, patent disclosures, together with all reissuances, continuations, continuations in part, revisions, extensions and reexaminations thereof; (ii) trademarks, service marks, trade dress, logos, trade names, corporate names, together with translations, adaptations, derivations and combinations thereof, including goodwill associated therewith, and applications, registrations, and renewals in connection therewith; (iii) any work of authorship, regardless of copyrightable, copyrightable works, copyrights (including moral rights), and applications, registrations and renewals in connection therewith; (iv) mask works and applications, registrations and renewals in connection therewith; (v) trade secrets and Confidential Information; and (vi) other proprietary rights and any other similar rights, in each case on a worldwide basis, and copies and tangible embodiments thereof, in whatever form or medium.\n   4. “License” means the right to use the Software pursuant to Section ‎2.1 to this Agreement.\n   5.  “Software” means Applitools’ software development kit software in object or source code version, Documentation and any updates and upgrade thereto (to the extent delivered).\n1. License\n   1. Grant of License. Subject to the terms and conditions of this Agreement, Applitools grants You, during the Term, a personal, non-exclusive, non-sublicensable, non-transferable, revocable license to: (i) use the Software solely for Your own personal (non-commercial) use and (ii) use and display Applitools’ Marks solely for the purpose of publicizing or advertising that You are using the Software. \n   2. Documentation. Applitools may make available Documentation to Licensee for Licensee to use solely in connection with Licensee’s use of the Software during the term of this Agreement. Licensee may print or copy the Documentation as needed for its own purposes provided that all copyright notices are included therein. The Documentation shall be considered the Confidential Information of Applitools. \n   1. Reservation of Rights; Use Restrictions. Other than the rights explicitly granted in this Agreement, Licensee shall have no other rights, express or implied, in the Software. Without limiting the generality of the foregoing, Licensee agrees and undertakes not to: (i) allow any third party to use the Software in any manner, including but not limited to, sell, lease, sublicense or distribute the Software, or any part thereof; (ii) modify, revise, or alter the Software or reverse engineer, decompile, disassemble or otherwise reduce to human-perceivable form the Software’s source code; (iii) copy or allow copies of the Software to be made; (iv) remove, alter or obscure any proprietary notice or identification, including copyright, trademark, patent or other notices, contained in or displayed on or via the Software; (v) use the Software to violate any applicable laws, rules or regulations, or for any unlawful, harmful, irresponsible, or inappropriate purpose, or in any manner that breaches this Agreement, and/or (vi) represent that it possesses any proprietary interest in the Software.\n   1. Third Party Software. Licensee acknowledges and agrees that any third party software (“Third Party Software”) that provided with the Software is provided under the terms of the license attached/linked thereto or, if no such license is attached, such Third Party Software is provided for free and on “AS IS” basis. Applitools is not liable for any losses or damages which may occur resulting from the use of any Third Party Software. Applitools does not possess any proprietary interest in such Third Party Software. \n   1. Open Source Licenses. The Software includes certain open source code software and materials (as shall be listed in the documentation of the Software) (“Open Source Software”) that are subject to their respective open source licenses (“Open Source Licenses”). Such Open Source Licenses contain a list of conditions with respect to warranty, copyright policy and other provisions. By executing this Agreement, Licensee undertakes to strictly comply with the terms and condition of the Open Source Licenses, as may be amended from time to time. In order to comply with the Open Source Licenses, Licensee shall read the respective licenses or notices, such list of Open Source Licenses may be amended from time to time by Applitools, at its sole discretion. In the event of any inconsistencies or conflicting provisions between the provisions of the Open Source Licenses and the provisions of this Agreement, the provisions of the Open Source Licenses shall prevail. Without derogating from the generality of the foregoing, it is clarified that any Open Source Software is provided on an “AS IS” basis, without indemnity or warranty of any kind, whether express or implied. For clarity, the representations and warranties set forth in Section ‎4 hereunder shall not apply to any Open Source Software.\n1. Title & Ownership. APPLITOOLS DOES NOT SELL OR TRANSFER TITLE IN THE SOFTWARE, OR ANY PART THEREOF, TO LICENSEE. The Documentation, Software (excluding any Open Source Software and Third Party Software therein which are owned by their respective licensors) and/or any copies thereof, including without limitation any derivative works made (regardless of whether such derivative works were made and/or developed pursuant to the request and/or specifications of Licensee, and irrespective of any support and/or assistance Applitools may, will or had received from Licensee, or any third party on its behalf, with respect thereto), as well as any updates or upgrades thereto, if provided to Applitools pursuant to this Agreement, shall remain Applitools’ sole and exclusive property. All Intellectual Property Rights evidenced by or embodied in and/or attached/connected/related to the Software, or part thereof, are and shall be owned solely and exclusively by Applitools. Nothing in this Agreement shall constitute a waiver of Applitools’ Intellectual Property Rights under any law, or be in any way construed or interpreted as such. It is further agreed that to the extent Licensee provides Applitools with Feedback, Licensee acknowledges that any and all rights, including Intellectual Property Rights in such Feedback shall belong exclusively to Applitools and Licensee hereby irrevocably and unconditionally transfers and assigns to Applitools all intellectual property rights in such Feedback and waives any and all moral rights that Licensee may have in respect thereto. It is further understood that use of Feedback, if any, may be made by Applitools at its sole discretion, and that Applitools in no way shall be obliged to make use of any kind of the Feedback or part thereof. \n1. Warranty. Applitools warrants that to its knowledge it has the right to grant the license under this Agreement. Applitools’ sole liability for any breach of this warranty or any other warranty under this Agreement shall be, at Applitools’ sole discretion: (i) to replace or repair the Software or the applicable portion thereof; or (ii) to terminate this Agreement.\n2. Warranty Exclusions. The warranties set forth in Section ‎4 are contingent upon Licensee’s proper use of the Software, and shall not apply to damage caused by abuse, misuse, alteration, neglect or unauthorized repair or installation, or by the use or attempted use of Software other than that supplied and supported by Applitools. Applitools will use reasonable commercial efforts to repair or replace the Software or the applicable portion thereof, pursuant to the foregoing warranty within thirty (30) days of being so notified.\n1. Warranty Disclaimers. AS BETWEEN LICENSEE AND APPLITOOLS, EXCEPT AS SET IN SECTION ‎4, THE SOFTWARE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND INCLUDING, WITHOUT LIMITATION, REPRESENTATIONS, WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR INTENDED OR PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, THAT THE SOFTWARE WILL MEET LICENSEE’S REQUIREMENTS OR EXPECTATIONS OR WILL ACHIEVE ANY SPECIFIC RESULTS AND THOSE ARISING BY STATUTE OR FROM A COURSE OF DEALING OR USAGE OF TRADE. Applicable law may not allow the exclusion of certain warranties, so to that extent such exclusions may not apply.\n1. High Risk Activities. You acknowledge that the Software is not fault tolerant and is not designed, manufactured, or intended for use or resale as on-line control equipment in hazardous or high risk environments and activities requiring fail-safe performance (such as in the operation of nuclear facilities, aircraft navigation or communication systems, air traffic control, direct life support machines and/or devices, or weapons systems) in which the failure of the Software could lead directly to death, personal injury, or severe physical or environmental damage, and You agree not to use or allow the use of the Software or any portion thereof for, or in connection with, any such environment or activity.\n1. Indemnify. You agree that Applitools shall have no liability whatsoever for any use made of the Software by You or any third party. You hereby agree to defend, indemnify and hold harmless Applitools and its affiliates and their respective officers, directors, agents and employees from any and all claims, damages, liabilities, costs, and expenses (including attorney’s fees) arising from claims related to Your use of the Software as well as from Your failure to comply with this Agreement.\n1. Limitation of Liability. UNDER NO CIRCUMSTANCES SHALL APPLITOOLS AND/OR ITS AFFILIATES BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, OR FOR ANY LOSS OF DATA, REVENUE, BUSINESS OR REPUTATION, THAT ARISES UNDER OR IN CONNECTION WITH THIS AGREEMENT, OR THAT RESULTS FROM THE USE OF, OR THE INABILITY TO USE, THE SOFTWARE. APPLITOOLS’S TOTAL AGGREGATE LIABILITY FOR ANY AND ALL DIRECT DAMAGES AND LOSSES THAT ARISE UNDER OR IN CONNECTION WITH THIS AGREEMENT SHALL NOT IN ANY CIRCUMSTANCE EXCEED THE AMOUNT OF 100.00 (ONE HUNDRED) UNITED STATES DOLLARS. THE FOREGOING LIMITATIONS AND EXCLUSIONS IN THIS SECTION ‎7 SHALL APPLY: (I) EVEN IF APPLITOOLS HAS BEEN ADVISED OF THE POSSIBILITY OF ANY DAMAGES OR LOSSES; (II) EVEN IF ANY REMEDY SET FORTH HEREIN FAILS OF ITS ESSENTIAL PURPOSE; AND (III) REGARDLESS OF THE BASIS OR THEORY OF LIABILITY.\n1. Export Laws. Licensee agrees to comply fully with all U.S., EU, Israeli, and all applicable export laws and regulations to ensure that neither the Software nor any technical data related thereto are exported or re-exported directly or indirectly in violation of, or used for any purposes prohibited by, such laws and regulations. For clarity, and without derogating from Section ‎11 below, in case of any change of any applicable law, policy or regulation, which might affect Applitools’ business, Applitools will have the right to terminate this Agreement and the license granted hereunder and the Licensee shall have no claims regarding such termination. \n1. Term and Termination. This Agreement shall continue until terminated as set forth in this section (the “Term”). You may terminate this Agreement at any time by removing the Software from Your system and destroying all copies of the Software and Documentation relating to the Software. Unauthorized copying of the Software or otherwise failing to comply with this Agreement will result in automatic immediate termination of this Agreement and will make available to Applitools legal remedies. Applitools reserves the right to terminate this Agreement and the License at any time and without notice. Upon termination of this Agreement, the License will terminate and You: (i) will cease any and all rights to use the Software, and (ii) will remove the Software from all hard drives, networks and other storage media and destroy all copies of the Software in your possession or under your control. The provisions of Sections ‎2.3, ‎2.4, ‎2.5, ‎6, ‎7, ‎8, ‎9, 10, ‎11 and ‎12 shall survive the termination, expiration or other ending of this Agreement.\n1. Miscellaneous. This Agreement represents the complete agreement concerning the Software between You and Applitools and supersedes all prior agreements and representations between You and Applitools. If any provision of this Agreement is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable. Any waiver of any provision of this Agreement will be effective only if in writing and signed by Applitools. This Agreement is personal to You and may not be assigned or transferred for any reason whatsoever without the consent of Applitools and any action or conduct in violation of the foregoing shall be void and without effect. Applitools expressly reserves the right to assign this Agreement and to delegate any of its obligations hereunder. This Agreement are governed by and construed under the laws of the State of Israel, excluding its conflicts of law rules. You expressly agree that the exclusive jurisdiction for any claim or action arising out of or relating to this Agreement shall be the courts located in Tel Aviv, Israel, and You further agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action. In any action or proceeding to enforce rights under this Agreement, the prevailing party shall be entitled to recover costs and attorneys’ 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BY INSTALLING, ACCESSING AND/OR USING THE SOFTWARE (AS DEFINED BELOW), YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOU, OR THE COMPANY YOU REPRESENT, (“YOU” OR “LICENSEE”) ARE ENTERING INTO A LEGAL AGREEMENT WITH APPLITOOLS LTD. AND ITS AFFILIATES (“APPLITOOLS”), AND HAVE UNDERSTOOD AND AGREE TO COMPLY WITH, AND BE LEGALLY BOUND BY, THE TERMS AND CONDITIONS OF THIS AGREEMENT. YOU HEREBY WAIVE ANY RIGHTS OR REQUIREMENTS UNDER ANY LAWS OR REGULATIONS IN ANY JURISDICTION WHICH REQUIRE AN ORIGINAL (NON-ELECTRONIC) SIGNATURE OR DELIVERY OR RETENTION OF NON-ELECTRONIC RECORDS, TO THE EXTENT PERMITTED UNDER APPLICABLE LAW. \nTHE SOFTWARE MAY BE USED SOLELY FOR YOUR PERSONAL, NON-COMMERCIAL PURPOSES. FOR COMMERCIAL PURPOSES PLEASE CONTACT THE REGIONAL APPLITOOLS BUSINESS REPRESENTATIVE. \n1. Definitions. For purposes of this Agreement, the following capitalized terms shall have the following meaning:\n   1. “Documentation” means the user’s guides and technical manuals delivered by Applitools to Licensee.\n   2.  “Feedback” means suggestions, comments or feedback (whether orally or in writing) with respect to the Software.\n   3. “Intellectual Property Rights” means all intangible legal rights, titles and interests evidenced by or embodied in all: (i) inventions (regardless of patentability and whether or not reduced to practice), improvements thereto, patents, patent applications, patent disclosures, together with all reissuances, continuations, continuations in part, revisions, extensions and reexaminations thereof; (ii) trademarks, service marks, trade dress, logos, trade names, corporate names, together with translations, adaptations, derivations and combinations thereof, including goodwill associated therewith, and applications, registrations, and renewals in connection therewith; (iii) any work of authorship, regardless of copyrightable, copyrightable works, copyrights (including moral rights), and applications, registrations and renewals in connection therewith; (iv) mask works and applications, registrations and renewals in connection therewith; (v) trade secrets and Confidential Information; and (vi) other proprietary rights and any other similar rights, in each case on a worldwide basis, and copies and tangible embodiments thereof, in whatever form or medium.\n   4. “License” means the right to use the Software pursuant to Section ‎2.1 to this Agreement.\n   5.  “Software” means Applitools’ software development kit software in object or source code version, Documentation and any updates and upgrade thereto (to the extent delivered).\n1. License\n   1. Grant of License. Subject to the terms and conditions of this Agreement, Applitools grants You, during the Term, a personal, non-exclusive, non-sublicensable, non-transferable, revocable license to: (i) use the Software solely for Your own personal (non-commercial) use and (ii) use and display Applitools’ Marks solely for the purpose of publicizing or advertising that You are using the Software. \n   2. Documentation. Applitools may make available Documentation to Licensee for Licensee to use solely in connection with Licensee’s use of the Software during the term of this Agreement. Licensee may print or copy the Documentation as needed for its own purposes provided that all copyright notices are included therein. The Documentation shall be considered the Confidential Information of Applitools. \n   1. Reservation of Rights; Use Restrictions. Other than the rights explicitly granted in this Agreement, Licensee shall have no other rights, express or implied, in the Software. Without limiting the generality of the foregoing, Licensee agrees and undertakes not to: (i) allow any third party to use the Software in any manner, including but not limited to, sell, lease, sublicense or distribute the Software, or any part thereof; (ii) modify, revise, or alter the Software or reverse engineer, decompile, disassemble or otherwise reduce to human-perceivable form the Software’s source code; (iii) copy or allow copies of the Software to be made; (iv) remove, alter or obscure any proprietary notice or identification, including copyright, trademark, patent or other notices, contained in or displayed on or via the Software; (v) use the Software to violate any applicable laws, rules or regulations, or for any unlawful, harmful, irresponsible, or inappropriate purpose, or in any manner that breaches this Agreement, and/or (vi) represent that it possesses any proprietary interest in the Software.\n   1. Third Party Software. Licensee acknowledges and agrees that any third party software (“Third Party Software”) that provided with the Software is provided under the terms of the license attached/linked thereto or, if no such license is attached, such Third Party Software is provided for free and on “AS IS” basis. Applitools is not liable for any losses or damages which may occur resulting from the use of any Third Party Software. Applitools does not possess any proprietary interest in such Third Party Software. \n   1. Open Source Licenses. The Software includes certain open source code software and materials (as shall be listed in the documentation of the Software) (“Open Source Software”) that are subject to their respective open source licenses (“Open Source Licenses”). Such Open Source Licenses contain a list of conditions with respect to warranty, copyright policy and other provisions. By executing this Agreement, Licensee undertakes to strictly comply with the terms and condition of the Open Source Licenses, as may be amended from time to time. In order to comply with the Open Source Licenses, Licensee shall read the respective licenses or notices, such list of Open Source Licenses may be amended from time to time by Applitools, at its sole discretion. In the event of any inconsistencies or conflicting provisions between the provisions of the Open Source Licenses and the provisions of this Agreement, the provisions of the Open Source Licenses shall prevail. Without derogating from the generality of the foregoing, it is clarified that any Open Source Software is provided on an “AS IS” basis, without indemnity or warranty of any kind, whether express or implied. For clarity, the representations and warranties set forth in Section ‎4 hereunder shall not apply to any Open Source Software.\n1. Title & Ownership. APPLITOOLS DOES NOT SELL OR TRANSFER TITLE IN THE SOFTWARE, OR ANY PART THEREOF, TO LICENSEE. The Documentation, Software (excluding any Open Source Software and Third Party Software therein which are owned by their respective licensors) and/or any copies thereof, including without limitation any derivative works made (regardless of whether such derivative works were made and/or developed pursuant to the request and/or specifications of Licensee, and irrespective of any support and/or assistance Applitools may, will or had received from Licensee, or any third party on its behalf, with respect thereto), as well as any updates or upgrades thereto, if provided to Applitools pursuant to this Agreement, shall remain Applitools’ sole and exclusive property. All Intellectual Property Rights evidenced by or embodied in and/or attached/connected/related to the Software, or part thereof, are and shall be owned solely and exclusively by Applitools. Nothing in this Agreement shall constitute a waiver of Applitools’ Intellectual Property Rights under any law, or be in any way construed or interpreted as such. It is further agreed that to the extent Licensee provides Applitools with Feedback, Licensee acknowledges that any and all rights, including Intellectual Property Rights in such Feedback shall belong exclusively to Applitools and Licensee hereby irrevocably and unconditionally transfers and assigns to Applitools all intellectual property rights in such Feedback and waives any and all moral rights that Licensee may have in respect thereto. It is further understood that use of Feedback, if any, may be made by Applitools at its sole discretion, and that Applitools in no way shall be obliged to make use of any kind of the Feedback or part thereof. \n1. Warranty. Applitools warrants that to its knowledge it has the right to grant the license under this Agreement. Applitools’ sole liability for any breach of this warranty or any other warranty under this Agreement shall be, at Applitools’ sole discretion: (i) to replace or repair the Software or the applicable portion thereof; or (ii) to terminate this Agreement.\n2. Warranty Exclusions. The warranties set forth in Section ‎4 are contingent upon Licensee’s proper use of the Software, and shall not apply to damage caused by abuse, misuse, alteration, neglect or unauthorized repair or installation, or by the use or attempted use of Software other than that supplied and supported by Applitools. Applitools will use reasonable commercial efforts to repair or replace the Software or the applicable portion thereof, pursuant to the foregoing warranty within thirty (30) days of being so notified.\n1. Warranty Disclaimers. AS BETWEEN LICENSEE AND APPLITOOLS, EXCEPT AS SET IN SECTION ‎4, THE SOFTWARE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND INCLUDING, WITHOUT LIMITATION, REPRESENTATIONS, WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR INTENDED OR PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, THAT THE SOFTWARE WILL MEET LICENSEE’S REQUIREMENTS OR EXPECTATIONS OR WILL ACHIEVE ANY SPECIFIC RESULTS AND THOSE ARISING BY STATUTE OR FROM A COURSE OF DEALING OR USAGE OF TRADE. Applicable law may not allow the exclusion of certain warranties, so to that extent such exclusions may not apply.\n1. High Risk Activities. You acknowledge that the Software is not fault tolerant and is not designed, manufactured, or intended for use or resale as on-line control equipment in hazardous or high risk environments and activities requiring fail-safe performance (such as in the operation of nuclear facilities, aircraft navigation or communication systems, air traffic control, direct life support machines and/or devices, or weapons systems) in which the failure of the Software could lead directly to death, personal injury, or severe physical or environmental damage, and You agree not to use or allow the use of the Software or any portion thereof for, or in connection with, any such environment or activity.\n1. Indemnify. You agree that Applitools shall have no liability whatsoever for any use made of the Software by You or any third party. You hereby agree to defend, indemnify and hold harmless Applitools and its affiliates and their respective officers, directors, agents and employees from any and all claims, damages, liabilities, costs, and expenses (including attorney’s fees) arising from claims related to Your use of the Software as well as from Your failure to comply with this Agreement.\n1. Limitation of Liability. UNDER NO CIRCUMSTANCES SHALL APPLITOOLS AND/OR ITS AFFILIATES BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, OR FOR ANY LOSS OF DATA, REVENUE, BUSINESS OR REPUTATION, THAT ARISES UNDER OR IN CONNECTION WITH THIS AGREEMENT, OR THAT RESULTS FROM THE USE OF, OR THE INABILITY TO USE, THE SOFTWARE. APPLITOOLS’S TOTAL AGGREGATE LIABILITY FOR ANY AND ALL DIRECT DAMAGES AND LOSSES THAT ARISE UNDER OR IN CONNECTION WITH THIS AGREEMENT SHALL NOT IN ANY CIRCUMSTANCE EXCEED THE AMOUNT OF 100.00 (ONE HUNDRED) UNITED STATES DOLLARS. THE FOREGOING LIMITATIONS AND EXCLUSIONS IN THIS SECTION ‎7 SHALL APPLY: (I) EVEN IF APPLITOOLS HAS BEEN ADVISED OF THE POSSIBILITY OF ANY DAMAGES OR LOSSES; (II) EVEN IF ANY REMEDY SET FORTH HEREIN FAILS OF ITS ESSENTIAL PURPOSE; AND (III) REGARDLESS OF THE BASIS OR THEORY OF LIABILITY.\n1. Export Laws. Licensee agrees to comply fully with all U.S., EU, Israeli, and all applicable export laws and regulations to ensure that neither the Software nor any technical data related thereto are exported or re-exported directly or indirectly in violation of, or used for any purposes prohibited by, such laws and regulations. For clarity, and without derogating from Section ‎11 below, in case of any change of any applicable law, policy or regulation, which might affect Applitools’ business, Applitools will have the right to terminate this Agreement and the license granted hereunder and the Licensee shall have no claims regarding such termination. \n1. Term and Termination. This Agreement shall continue until terminated as set forth in this section (the “Term”). You may terminate this Agreement at any time by removing the Software from Your system and destroying all copies of the Software and Documentation relating to the Software. Unauthorized copying of the Software or otherwise failing to comply with this Agreement will result in automatic immediate termination of this Agreement and will make available to Applitools legal remedies. Applitools reserves the right to terminate this Agreement and the License at any time and without notice. Upon termination of this Agreement, the License will terminate and You: (i) will cease any and all rights to use the Software, and (ii) will remove the Software from all hard drives, networks and other storage media and destroy all copies of the Software in your possession or under your control. The provisions of Sections ‎2.3, ‎2.4, ‎2.5, ‎6, ‎7, ‎8, ‎9, 10, ‎11 and ‎12 shall survive the termination, expiration or other ending of this Agreement.\n1. Miscellaneous. This Agreement represents the complete agreement concerning the Software between You and Applitools and supersedes all prior agreements and representations between You and Applitools. If any provision of this Agreement is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable. Any waiver of any provision of this Agreement will be effective only if in writing and signed by Applitools. This Agreement is personal to You and may not be assigned or transferred for any reason whatsoever without the consent of Applitools and any action or conduct in violation of the foregoing shall be void and without effect. Applitools expressly reserves the right to assign this Agreement and to delegate any of its obligations hereunder. This Agreement are governed by and construed under the laws of the State of Israel, excluding its conflicts of law rules. You expressly agree that the exclusive jurisdiction for any claim or action arising out of or relating to this Agreement shall be the courts located in Tel Aviv, Israel, and You further agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action. In any action or proceeding to enforce rights under this Agreement, the prevailing party shall be entitled to recover costs and attorneys’ 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BY INSTALLING, ACCESSING AND/OR USING THE SOFTWARE (AS DEFINED BELOW), YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOU, OR THE COMPANY YOU REPRESENT, (“YOU” OR “LICENSEE”) ARE ENTERING INTO A LEGAL AGREEMENT WITH APPLITOOLS LTD. AND ITS AFFILIATES (“APPLITOOLS”), AND HAVE UNDERSTOOD AND AGREE TO COMPLY WITH, AND BE LEGALLY BOUND BY, THE TERMS AND CONDITIONS OF THIS AGREEMENT. YOU HEREBY WAIVE ANY RIGHTS OR REQUIREMENTS UNDER ANY LAWS OR REGULATIONS IN ANY JURISDICTION WHICH REQUIRE AN ORIGINAL (NON-ELECTRONIC) SIGNATURE OR DELIVERY OR RETENTION OF NON-ELECTRONIC RECORDS, TO THE EXTENT PERMITTED UNDER APPLICABLE LAW. \nTHE SOFTWARE MAY BE USED SOLELY FOR YOUR PERSONAL, NON-COMMERCIAL PURPOSES. FOR COMMERCIAL PURPOSES PLEASE CONTACT THE REGIONAL APPLITOOLS BUSINESS REPRESENTATIVE. \n1. Definitions. For purposes of this Agreement, the following capitalized terms shall have the following meaning:\n   1. “Documentation” means the user’s guides and technical manuals delivered by Applitools to Licensee.\n   2.  “Feedback” means suggestions, comments or feedback (whether orally or in writing) with respect to the Software.\n   3. “Intellectual Property Rights” means all intangible legal rights, titles and interests evidenced by or embodied in all: (i) inventions (regardless of patentability and whether or not reduced to practice), improvements thereto, patents, patent applications, patent disclosures, together with all reissuances, continuations, continuations in part, revisions, extensions and reexaminations thereof; (ii) trademarks, service marks, trade dress, logos, trade names, corporate names, together with translations, adaptations, derivations and combinations thereof, including goodwill associated therewith, and applications, registrations, and renewals in connection therewith; (iii) any work of authorship, regardless of copyrightable, copyrightable works, copyrights (including moral rights), and applications, registrations and renewals in connection therewith; (iv) mask works and applications, registrations and renewals in connection therewith; (v) trade secrets and Confidential Information; and (vi) other proprietary rights and any other similar rights, in each case on a worldwide basis, and copies and tangible embodiments thereof, in whatever form or medium.\n   4. “License” means the right to use the Software pursuant to Section ‎2.1 to this Agreement.\n   5.  “Software” means Applitools’ software development kit software in object or source code version, Documentation and any updates and upgrade thereto (to the extent delivered).\n1. License\n   1. Grant of License. Subject to the terms and conditions of this Agreement, Applitools grants You, during the Term, a personal, non-exclusive, non-sublicensable, non-transferable, revocable license to: (i) use the Software solely for Your own personal (non-commercial) use and (ii) use and display Applitools’ Marks solely for the purpose of publicizing or advertising that You are using the Software. \n   2. Documentation. Applitools may make available Documentation to Licensee for Licensee to use solely in connection with Licensee’s use of the Software during the term of this Agreement. Licensee may print or copy the Documentation as needed for its own purposes provided that all copyright notices are included therein. The Documentation shall be considered the Confidential Information of Applitools. \n   1. Reservation of Rights; Use Restrictions. Other than the rights explicitly granted in this Agreement, Licensee shall have no other rights, express or implied, in the Software. Without limiting the generality of the foregoing, Licensee agrees and undertakes not to: (i) allow any third party to use the Software in any manner, including but not limited to, sell, lease, sublicense or distribute the Software, or any part thereof; (ii) modify, revise, or alter the Software or reverse engineer, decompile, disassemble or otherwise reduce to human-perceivable form the Software’s source code; (iii) copy or allow copies of the Software to be made; (iv) remove, alter or obscure any proprietary notice or identification, including copyright, trademark, patent or other notices, contained in or displayed on or via the Software; (v) use the Software to violate any applicable laws, rules or regulations, or for any unlawful, harmful, irresponsible, or inappropriate purpose, or in any manner that breaches this Agreement, and/or (vi) represent that it possesses any proprietary interest in the Software.\n   1. Third Party Software. Licensee acknowledges and agrees that any third party software (“Third Party Software”) that provided with the Software is provided under the terms of the license attached/linked thereto or, if no such license is attached, such Third Party Software is provided for free and on “AS IS” basis. Applitools is not liable for any losses or damages which may occur resulting from the use of any Third Party Software. Applitools does not possess any proprietary interest in such Third Party Software. \n   1. Open Source Licenses. The Software includes certain open source code software and materials (as shall be listed in the documentation of the Software) (“Open Source Software”) that are subject to their respective open source licenses (“Open Source Licenses”). Such Open Source Licenses contain a list of conditions with respect to warranty, copyright policy and other provisions. By executing this Agreement, Licensee undertakes to strictly comply with the terms and condition of the Open Source Licenses, as may be amended from time to time. In order to comply with the Open Source Licenses, Licensee shall read the respective licenses or notices, such list of Open Source Licenses may be amended from time to time by Applitools, at its sole discretion. In the event of any inconsistencies or conflicting provisions between the provisions of the Open Source Licenses and the provisions of this Agreement, the provisions of the Open Source Licenses shall prevail. Without derogating from the generality of the foregoing, it is clarified that any Open Source Software is provided on an “AS IS” basis, without indemnity or warranty of any kind, whether express or implied. For clarity, the representations and warranties set forth in Section ‎4 hereunder shall not apply to any Open Source Software.\n1. Title & Ownership. APPLITOOLS DOES NOT SELL OR TRANSFER TITLE IN THE SOFTWARE, OR ANY PART THEREOF, TO LICENSEE. The Documentation, Software (excluding any Open Source Software and Third Party Software therein which are owned by their respective licensors) and/or any copies thereof, including without limitation any derivative works made (regardless of whether such derivative works were made and/or developed pursuant to the request and/or specifications of Licensee, and irrespective of any support and/or assistance Applitools may, will or had received from Licensee, or any third party on its behalf, with respect thereto), as well as any updates or upgrades thereto, if provided to Applitools pursuant to this Agreement, shall remain Applitools’ sole and exclusive property. All Intellectual Property Rights evidenced by or embodied in and/or attached/connected/related to the Software, or part thereof, are and shall be owned solely and exclusively by Applitools. Nothing in this Agreement shall constitute a waiver of Applitools’ Intellectual Property Rights under any law, or be in any way construed or interpreted as such. It is further agreed that to the extent Licensee provides Applitools with Feedback, Licensee acknowledges that any and all rights, including Intellectual Property Rights in such Feedback shall belong exclusively to Applitools and Licensee hereby irrevocably and unconditionally transfers and assigns to Applitools all intellectual property rights in such Feedback and waives any and all moral rights that Licensee may have in respect thereto. It is further understood that use of Feedback, if any, may be made by Applitools at its sole discretion, and that Applitools in no way shall be obliged to make use of any kind of the Feedback or part thereof. \n1. Warranty. Applitools warrants that to its knowledge it has the right to grant the license under this Agreement. Applitools’ sole liability for any breach of this warranty or any other warranty under this Agreement shall be, at Applitools’ sole discretion: (i) to replace or repair the Software or the applicable portion thereof; or (ii) to terminate this Agreement.\n2. Warranty Exclusions. The warranties set forth in Section ‎4 are contingent upon Licensee’s proper use of the Software, and shall not apply to damage caused by abuse, misuse, alteration, neglect or unauthorized repair or installation, or by the use or attempted use of Software other than that supplied and supported by Applitools. Applitools will use reasonable commercial efforts to repair or replace the Software or the applicable portion thereof, pursuant to the foregoing warranty within thirty (30) days of being so notified.\n1. Warranty Disclaimers. AS BETWEEN LICENSEE AND APPLITOOLS, EXCEPT AS SET IN SECTION ‎4, THE SOFTWARE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND INCLUDING, WITHOUT LIMITATION, REPRESENTATIONS, WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR INTENDED OR PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, THAT THE SOFTWARE WILL MEET LICENSEE’S REQUIREMENTS OR EXPECTATIONS OR WILL ACHIEVE ANY SPECIFIC RESULTS AND THOSE ARISING BY STATUTE OR FROM A COURSE OF DEALING OR USAGE OF TRADE. Applicable law may not allow the exclusion of certain warranties, so to that extent such exclusions may not apply.\n1. High Risk Activities. You acknowledge that the Software is not fault tolerant and is not designed, manufactured, or intended for use or resale as on-line control equipment in hazardous or high risk environments and activities requiring fail-safe performance (such as in the operation of nuclear facilities, aircraft navigation or communication systems, air traffic control, direct life support machines and/or devices, or weapons systems) in which the failure of the Software could lead directly to death, personal injury, or severe physical or environmental damage, and You agree not to use or allow the use of the Software or any portion thereof for, or in connection with, any such environment or activity.\n1. Indemnify. You agree that Applitools shall have no liability whatsoever for any use made of the Software by You or any third party. You hereby agree to defend, indemnify and hold harmless Applitools and its affiliates and their respective officers, directors, agents and employees from any and all claims, damages, liabilities, costs, and expenses (including attorney’s fees) arising from claims related to Your use of the Software as well as from Your failure to comply with this Agreement.\n1. Limitation of Liability. UNDER NO CIRCUMSTANCES SHALL APPLITOOLS AND/OR ITS AFFILIATES BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, OR FOR ANY LOSS OF DATA, REVENUE, BUSINESS OR REPUTATION, THAT ARISES UNDER OR IN CONNECTION WITH THIS AGREEMENT, OR THAT RESULTS FROM THE USE OF, OR THE INABILITY TO USE, THE SOFTWARE. APPLITOOLS’S TOTAL AGGREGATE LIABILITY FOR ANY AND ALL DIRECT DAMAGES AND LOSSES THAT ARISE UNDER OR IN CONNECTION WITH THIS AGREEMENT SHALL NOT IN ANY CIRCUMSTANCE EXCEED THE AMOUNT OF 100.00 (ONE HUNDRED) UNITED STATES DOLLARS. THE FOREGOING LIMITATIONS AND EXCLUSIONS IN THIS SECTION ‎7 SHALL APPLY: (I) EVEN IF APPLITOOLS HAS BEEN ADVISED OF THE POSSIBILITY OF ANY DAMAGES OR LOSSES; (II) EVEN IF ANY REMEDY SET FORTH HEREIN FAILS OF ITS ESSENTIAL PURPOSE; AND (III) REGARDLESS OF THE BASIS OR THEORY OF LIABILITY.\n1. Export Laws. Licensee agrees to comply fully with all U.S., EU, Israeli, and all applicable export laws and regulations to ensure that neither the Software nor any technical data related thereto are exported or re-exported directly or indirectly in violation of, or used for any purposes prohibited by, such laws and regulations. For clarity, and without derogating from Section ‎11 below, in case of any change of any applicable law, policy or regulation, which might affect Applitools’ business, Applitools will have the right to terminate this Agreement and the license granted hereunder and the Licensee shall have no claims regarding such termination. \n1. Term and Termination. This Agreement shall continue until terminated as set forth in this section (the “Term”). You may terminate this Agreement at any time by removing the Software from Your system and destroying all copies of the Software and Documentation relating to the Software. Unauthorized copying of the Software or otherwise failing to comply with this Agreement will result in automatic immediate termination of this Agreement and will make available to Applitools legal remedies. Applitools reserves the right to terminate this Agreement and the License at any time and without notice. Upon termination of this Agreement, the License will terminate and You: (i) will cease any and all rights to use the Software, and (ii) will remove the Software from all hard drives, networks and other storage media and destroy all copies of the Software in your possession or under your control. The provisions of Sections ‎2.3, ‎2.4, ‎2.5, ‎6, ‎7, ‎8, ‎9, 10, ‎11 and ‎12 shall survive the termination, expiration or other ending of this Agreement.\n1. Miscellaneous. This Agreement represents the complete agreement concerning the Software between You and Applitools and supersedes all prior agreements and representations between You and Applitools. If any provision of this Agreement is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable. Any waiver of any provision of this Agreement will be effective only if in writing and signed by Applitools. This Agreement is personal to You and may not be assigned or transferred for any reason whatsoever without the consent of Applitools and any action or conduct in violation of the foregoing shall be void and without effect. Applitools expressly reserves the right to assign this Agreement and to delegate any of its obligations hereunder. This Agreement are governed by and construed under the laws of the State of Israel, excluding its conflicts of law rules. You expressly agree that the exclusive jurisdiction for any claim or action arising out of or relating to this Agreement shall be the courts located in Tel Aviv, Israel, and You further agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action. In any action or proceeding to enforce rights under this Agreement, the prevailing party shall be entitled to recover costs and attorneys’ 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BY INSTALLING, ACCESSING AND/OR USING THE SOFTWARE (AS DEFINED BELOW), YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOU, OR THE COMPANY YOU REPRESENT, (“YOU” OR “LICENSEE”) ARE ENTERING INTO A LEGAL AGREEMENT WITH APPLITOOLS LTD. AND ITS AFFILIATES (“APPLITOOLS”), AND HAVE UNDERSTOOD AND AGREE TO COMPLY WITH, AND BE LEGALLY BOUND BY, THE TERMS AND CONDITIONS OF THIS AGREEMENT. YOU HEREBY WAIVE ANY RIGHTS OR REQUIREMENTS UNDER ANY LAWS OR REGULATIONS IN ANY JURISDICTION WHICH REQUIRE AN ORIGINAL (NON-ELECTRONIC) SIGNATURE OR DELIVERY OR RETENTION OF NON-ELECTRONIC RECORDS, TO THE EXTENT PERMITTED UNDER APPLICABLE LAW. \nTHE SOFTWARE MAY BE USED SOLELY FOR YOUR PERSONAL, NON-COMMERCIAL PURPOSES. FOR COMMERCIAL PURPOSES PLEASE CONTACT THE REGIONAL APPLITOOLS BUSINESS REPRESENTATIVE. \n1. Definitions. For purposes of this Agreement, the following capitalized terms shall have the following meaning:\n   1. “Documentation” means the user’s guides and technical manuals delivered by Applitools to Licensee.\n   2.  “Feedback” means suggestions, comments or feedback (whether orally or in writing) with respect to the Software.\n   3. “Intellectual Property Rights” means all intangible legal rights, titles and interests evidenced by or embodied in all: (i) inventions (regardless of patentability and whether or not reduced to practice), improvements thereto, patents, patent applications, patent disclosures, together with all reissuances, continuations, continuations in part, revisions, extensions and reexaminations thereof; (ii) trademarks, service marks, trade dress, logos, trade names, corporate names, together with translations, adaptations, derivations and combinations thereof, including goodwill associated therewith, and applications, registrations, and renewals in connection therewith; (iii) any work of authorship, regardless of copyrightable, copyrightable works, copyrights (including moral rights), and applications, registrations and renewals in connection therewith; (iv) mask works and applications, registrations and renewals in connection therewith; (v) trade secrets and Confidential Information; and (vi) other proprietary rights and any other similar rights, in each case on a worldwide basis, and copies and tangible embodiments thereof, in whatever form or medium.\n   4. “License” means the right to use the Software pursuant to Section ‎2.1 to this Agreement.\n   5.  “Software” means Applitools’ software development kit software in object or source code version, Documentation and any updates and upgrade thereto (to the extent delivered).\n1. License\n   1. Grant of License. Subject to the terms and conditions of this Agreement, Applitools grants You, during the Term, a personal, non-exclusive, non-sublicensable, non-transferable, revocable license to: (i) use the Software solely for Your own personal (non-commercial) use and (ii) use and display Applitools’ Marks solely for the purpose of publicizing or advertising that You are using the Software. \n   2. Documentation. Applitools may make available Documentation to Licensee for Licensee to use solely in connection with Licensee’s use of the Software during the term of this Agreement. Licensee may print or copy the Documentation as needed for its own purposes provided that all copyright notices are included therein. The Documentation shall be considered the Confidential Information of Applitools. \n   1. Reservation of Rights; Use Restrictions. Other than the rights explicitly granted in this Agreement, Licensee shall have no other rights, express or implied, in the Software. Without limiting the generality of the foregoing, Licensee agrees and undertakes not to: (i) allow any third party to use the Software in any manner, including but not limited to, sell, lease, sublicense or distribute the Software, or any part thereof; (ii) modify, revise, or alter the Software or reverse engineer, decompile, disassemble or otherwise reduce to human-perceivable form the Software’s source code; (iii) copy or allow copies of the Software to be made; (iv) remove, alter or obscure any proprietary notice or identification, including copyright, trademark, patent or other notices, contained in or displayed on or via the Software; (v) use the Software to violate any applicable laws, rules or regulations, or for any unlawful, harmful, irresponsible, or inappropriate purpose, or in any manner that breaches this Agreement, and/or (vi) represent that it possesses any proprietary interest in the Software.\n   1. Third Party Software. Licensee acknowledges and agrees that any third party software (“Third Party Software”) that provided with the Software is provided under the terms of the license attached/linked thereto or, if no such license is attached, such Third Party Software is provided for free and on “AS IS” basis. Applitools is not liable for any losses or damages which may occur resulting from the use of any Third Party Software. Applitools does not possess any proprietary interest in such Third Party Software. \n   1. Open Source Licenses. The Software includes certain open source code software and materials (as shall be listed in the documentation of the Software) (“Open Source Software”) that are subject to their respective open source licenses (“Open Source Licenses”). Such Open Source Licenses contain a list of conditions with respect to warranty, copyright policy and other provisions. By executing this Agreement, Licensee undertakes to strictly comply with the terms and condition of the Open Source Licenses, as may be amended from time to time. In order to comply with the Open Source Licenses, Licensee shall read the respective licenses or notices, such list of Open Source Licenses may be amended from time to time by Applitools, at its sole discretion. In the event of any inconsistencies or conflicting provisions between the provisions of the Open Source Licenses and the provisions of this Agreement, the provisions of the Open Source Licenses shall prevail. Without derogating from the generality of the foregoing, it is clarified that any Open Source Software is provided on an “AS IS” basis, without indemnity or warranty of any kind, whether express or implied. For clarity, the representations and warranties set forth in Section ‎4 hereunder shall not apply to any Open Source Software.\n1. Title & Ownership. APPLITOOLS DOES NOT SELL OR TRANSFER TITLE IN THE SOFTWARE, OR ANY PART THEREOF, TO LICENSEE. The Documentation, Software (excluding any Open Source Software and Third Party Software therein which are owned by their respective licensors) and/or any copies thereof, including without limitation any derivative works made (regardless of whether such derivative works were made and/or developed pursuant to the request and/or specifications of Licensee, and irrespective of any support and/or assistance Applitools may, will or had received from Licensee, or any third party on its behalf, with respect thereto), as well as any updates or upgrades thereto, if provided to Applitools pursuant to this Agreement, shall remain Applitools’ sole and exclusive property. All Intellectual Property Rights evidenced by or embodied in and/or attached/connected/related to the Software, or part thereof, are and shall be owned solely and exclusively by Applitools. Nothing in this Agreement shall constitute a waiver of Applitools’ Intellectual Property Rights under any law, or be in any way construed or interpreted as such. It is further agreed that to the extent Licensee provides Applitools with Feedback, Licensee acknowledges that any and all rights, including Intellectual Property Rights in such Feedback shall belong exclusively to Applitools and Licensee hereby irrevocably and unconditionally transfers and assigns to Applitools all intellectual property rights in such Feedback and waives any and all moral rights that Licensee may have in respect thereto. It is further understood that use of Feedback, if any, may be made by Applitools at its sole discretion, and that Applitools in no way shall be obliged to make use of any kind of the Feedback or part thereof. \n1. Warranty. Applitools warrants that to its knowledge it has the right to grant the license under this Agreement. Applitools’ sole liability for any breach of this warranty or any other warranty under this Agreement shall be, at Applitools’ sole discretion: (i) to replace or repair the Software or the applicable portion thereof; or (ii) to terminate this Agreement.\n2. Warranty Exclusions. The warranties set forth in Section ‎4 are contingent upon Licensee’s proper use of the Software, and shall not apply to damage caused by abuse, misuse, alteration, neglect or unauthorized repair or installation, or by the use or attempted use of Software other than that supplied and supported by Applitools. Applitools will use reasonable commercial efforts to repair or replace the Software or the applicable portion thereof, pursuant to the foregoing warranty within thirty (30) days of being so notified.\n1. Warranty Disclaimers. AS BETWEEN LICENSEE AND APPLITOOLS, EXCEPT AS SET IN SECTION ‎4, THE SOFTWARE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND INCLUDING, WITHOUT LIMITATION, REPRESENTATIONS, WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR INTENDED OR PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, THAT THE SOFTWARE WILL MEET LICENSEE’S REQUIREMENTS OR EXPECTATIONS OR WILL ACHIEVE ANY SPECIFIC RESULTS AND THOSE ARISING BY STATUTE OR FROM A COURSE OF DEALING OR USAGE OF TRADE. Applicable law may not allow the exclusion of certain warranties, so to that extent such exclusions may not apply.\n1. High Risk Activities. You acknowledge that the Software is not fault tolerant and is not designed, manufactured, or intended for use or resale as on-line control equipment in hazardous or high risk environments and activities requiring fail-safe performance (such as in the operation of nuclear facilities, aircraft navigation or communication systems, air traffic control, direct life support machines and/or devices, or weapons systems) in which the failure of the Software could lead directly to death, personal injury, or severe physical or environmental damage, and You agree not to use or allow the use of the Software or any portion thereof for, or in connection with, any such environment or activity.\n1. Indemnify. You agree that Applitools shall have no liability whatsoever for any use made of the Software by You or any third party. You hereby agree to defend, indemnify and hold harmless Applitools and its affiliates and their respective officers, directors, agents and employees from any and all claims, damages, liabilities, costs, and expenses (including attorney’s fees) arising from claims related to Your use of the Software as well as from Your failure to comply with this Agreement.\n1. Limitation of Liability. UNDER NO CIRCUMSTANCES SHALL APPLITOOLS AND/OR ITS AFFILIATES BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, OR FOR ANY LOSS OF DATA, REVENUE, BUSINESS OR REPUTATION, THAT ARISES UNDER OR IN CONNECTION WITH THIS AGREEMENT, OR THAT RESULTS FROM THE USE OF, OR THE INABILITY TO USE, THE SOFTWARE. APPLITOOLS’S TOTAL AGGREGATE LIABILITY FOR ANY AND ALL DIRECT DAMAGES AND LOSSES THAT ARISE UNDER OR IN CONNECTION WITH THIS AGREEMENT SHALL NOT IN ANY CIRCUMSTANCE EXCEED THE AMOUNT OF 100.00 (ONE HUNDRED) UNITED STATES DOLLARS. THE FOREGOING LIMITATIONS AND EXCLUSIONS IN THIS SECTION ‎7 SHALL APPLY: (I) EVEN IF APPLITOOLS HAS BEEN ADVISED OF THE POSSIBILITY OF ANY DAMAGES OR LOSSES; (II) EVEN IF ANY REMEDY SET FORTH HEREIN FAILS OF ITS ESSENTIAL PURPOSE; AND (III) REGARDLESS OF THE BASIS OR THEORY OF LIABILITY.\n1. Export Laws. Licensee agrees to comply fully with all U.S., EU, Israeli, and all applicable export laws and regulations to ensure that neither the Software nor any technical data related thereto are exported or re-exported directly or indirectly in violation of, or used for any purposes prohibited by, such laws and regulations. For clarity, and without derogating from Section ‎11 below, in case of any change of any applicable law, policy or regulation, which might affect Applitools’ business, Applitools will have the right to terminate this Agreement and the license granted hereunder and the Licensee shall have no claims regarding such termination. \n1. Term and Termination. This Agreement shall continue until terminated as set forth in this section (the “Term”). You may terminate this Agreement at any time by removing the Software from Your system and destroying all copies of the Software and Documentation relating to the Software. Unauthorized copying of the Software or otherwise failing to comply with this Agreement will result in automatic immediate termination of this Agreement and will make available to Applitools legal remedies. Applitools reserves the right to terminate this Agreement and the License at any time and without notice. Upon termination of this Agreement, the License will terminate and You: (i) will cease any and all rights to use the Software, and (ii) will remove the Software from all hard drives, networks and other storage media and destroy all copies of the Software in your possession or under your control. The provisions of Sections ‎2.3, ‎2.4, ‎2.5, ‎6, ‎7, ‎8, ‎9, 10, ‎11 and ‎12 shall survive the termination, expiration or other ending of this Agreement.\n1. Miscellaneous. This Agreement represents the complete agreement concerning the Software between You and Applitools and supersedes all prior agreements and representations between You and Applitools. If any provision of this Agreement is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable. Any waiver of any provision of this Agreement will be effective only if in writing and signed by Applitools. This Agreement is personal to You and may not be assigned or transferred for any reason whatsoever without the consent of Applitools and any action or conduct in violation of the foregoing shall be void and without effect. Applitools expressly reserves the right to assign this Agreement and to delegate any of its obligations hereunder. This Agreement are governed by and construed under the laws of the State of Israel, excluding its conflicts of law rules. You expressly agree that the exclusive jurisdiction for any claim or action arising out of or relating to this Agreement shall be the courts located in Tel Aviv, Israel, and You further agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action. 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BY INSTALLING, ACCESSING AND/OR USING THE SOFTWARE (AS DEFINED BELOW), YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOU, OR THE COMPANY YOU REPRESENT, (“YOU” OR “LICENSEE”) ARE ENTERING INTO A LEGAL AGREEMENT WITH APPLITOOLS LTD. AND ITS AFFILIATES (“APPLITOOLS”), AND HAVE UNDERSTOOD AND AGREE TO COMPLY WITH, AND BE LEGALLY BOUND BY, THE TERMS AND CONDITIONS OF THIS AGREEMENT. YOU HEREBY WAIVE ANY RIGHTS OR REQUIREMENTS UNDER ANY LAWS OR REGULATIONS IN ANY JURISDICTION WHICH REQUIRE AN ORIGINAL (NON-ELECTRONIC) SIGNATURE OR DELIVERY OR RETENTION OF NON-ELECTRONIC RECORDS, TO THE EXTENT PERMITTED UNDER APPLICABLE LAW. \nTHE SOFTWARE MAY BE USED SOLELY FOR YOUR PERSONAL, NON-COMMERCIAL PURPOSES. FOR COMMERCIAL PURPOSES PLEASE CONTACT THE REGIONAL APPLITOOLS BUSINESS REPRESENTATIVE. \n1. Definitions. For purposes of this Agreement, the following capitalized terms shall have the following meaning:\n   1. “Documentation” means the user’s guides and technical manuals delivered by Applitools to Licensee.\n   2.  “Feedback” means suggestions, comments or feedback (whether orally or in writing) with respect to the Software.\n   3. “Intellectual Property Rights” means all intangible legal rights, titles and interests evidenced by or embodied in all: (i) inventions (regardless of patentability and whether or not reduced to practice), improvements thereto, patents, patent applications, patent disclosures, together with all reissuances, continuations, continuations in part, revisions, extensions and reexaminations thereof; (ii) trademarks, service marks, trade dress, logos, trade names, corporate names, together with translations, adaptations, derivations and combinations thereof, including goodwill associated therewith, and applications, registrations, and renewals in connection therewith; (iii) any work of authorship, regardless of copyrightable, copyrightable works, copyrights (including moral rights), and applications, registrations and renewals in connection therewith; (iv) mask works and applications, registrations and renewals in connection therewith; (v) trade secrets and Confidential Information; and (vi) other proprietary rights and any other similar rights, in each case on a worldwide basis, and copies and tangible embodiments thereof, in whatever form or medium.\n   4. “License” means the right to use the Software pursuant to Section ‎2.1 to this Agreement.\n   5.  “Software” means Applitools’ software development kit software in object or source code version, Documentation and any updates and upgrade thereto (to the extent delivered).\n1. License\n   1. Grant of License. Subject to the terms and conditions of this Agreement, Applitools grants You, during the Term, a personal, non-exclusive, non-sublicensable, non-transferable, revocable license to: (i) use the Software solely for Your own personal (non-commercial) use and (ii) use and display Applitools’ Marks solely for the purpose of publicizing or advertising that You are using the Software. \n   2. Documentation. Applitools may make available Documentation to Licensee for Licensee to use solely in connection with Licensee’s use of the Software during the term of this Agreement. Licensee may print or copy the Documentation as needed for its own purposes provided that all copyright notices are included therein. The Documentation shall be considered the Confidential Information of Applitools. \n   1. Reservation of Rights; Use Restrictions. Other than the rights explicitly granted in this Agreement, Licensee shall have no other rights, express or implied, in the Software. Without limiting the generality of the foregoing, Licensee agrees and undertakes not to: (i) allow any third party to use the Software in any manner, including but not limited to, sell, lease, sublicense or distribute the Software, or any part thereof; (ii) modify, revise, or alter the Software or reverse engineer, decompile, disassemble or otherwise reduce to human-perceivable form the Software’s source code; (iii) copy or allow copies of the Software to be made; (iv) remove, alter or obscure any proprietary notice or identification, including copyright, trademark, patent or other notices, contained in or displayed on or via the Software; (v) use the Software to violate any applicable laws, rules or regulations, or for any unlawful, harmful, irresponsible, or inappropriate purpose, or in any manner that breaches this Agreement, and/or (vi) represent that it possesses any proprietary interest in the Software.\n   1. Third Party Software. Licensee acknowledges and agrees that any third party software (“Third Party Software”) that provided with the Software is provided under the terms of the license attached/linked thereto or, if no such license is attached, such Third Party Software is provided for free and on “AS IS” basis. Applitools is not liable for any losses or damages which may occur resulting from the use of any Third Party Software. Applitools does not possess any proprietary interest in such Third Party Software. \n   1. Open Source Licenses. The Software includes certain open source code software and materials (as shall be listed in the documentation of the Software) (“Open Source Software”) that are subject to their respective open source licenses (“Open Source Licenses”). Such Open Source Licenses contain a list of conditions with respect to warranty, copyright policy and other provisions. By executing this Agreement, Licensee undertakes to strictly comply with the terms and condition of the Open Source Licenses, as may be amended from time to time. In order to comply with the Open Source Licenses, Licensee shall read the respective licenses or notices, such list of Open Source Licenses may be amended from time to time by Applitools, at its sole discretion. In the event of any inconsistencies or conflicting provisions between the provisions of the Open Source Licenses and the provisions of this Agreement, the provisions of the Open Source Licenses shall prevail. Without derogating from the generality of the foregoing, it is clarified that any Open Source Software is provided on an “AS IS” basis, without indemnity or warranty of any kind, whether express or implied. For clarity, the representations and warranties set forth in Section ‎4 hereunder shall not apply to any Open Source Software.\n1. Title & Ownership. APPLITOOLS DOES NOT SELL OR TRANSFER TITLE IN THE SOFTWARE, OR ANY PART THEREOF, TO LICENSEE. The Documentation, Software (excluding any Open Source Software and Third Party Software therein which are owned by their respective licensors) and/or any copies thereof, including without limitation any derivative works made (regardless of whether such derivative works were made and/or developed pursuant to the request and/or specifications of Licensee, and irrespective of any support and/or assistance Applitools may, will or had received from Licensee, or any third party on its behalf, with respect thereto), as well as any updates or upgrades thereto, if provided to Applitools pursuant to this Agreement, shall remain Applitools’ sole and exclusive property. All Intellectual Property Rights evidenced by or embodied in and/or attached/connected/related to the Software, or part thereof, are and shall be owned solely and exclusively by Applitools. Nothing in this Agreement shall constitute a waiver of Applitools’ Intellectual Property Rights under any law, or be in any way construed or interpreted as such. It is further agreed that to the extent Licensee provides Applitools with Feedback, Licensee acknowledges that any and all rights, including Intellectual Property Rights in such Feedback shall belong exclusively to Applitools and Licensee hereby irrevocably and unconditionally transfers and assigns to Applitools all intellectual property rights in such Feedback and waives any and all moral rights that Licensee may have in respect thereto. It is further understood that use of Feedback, if any, may be made by Applitools at its sole discretion, and that Applitools in no way shall be obliged to make use of any kind of the Feedback or part thereof. \n1. Warranty. Applitools warrants that to its knowledge it has the right to grant the license under this Agreement. Applitools’ sole liability for any breach of this warranty or any other warranty under this Agreement shall be, at Applitools’ sole discretion: (i) to replace or repair the Software or the applicable portion thereof; or (ii) to terminate this Agreement.\n2. Warranty Exclusions. The warranties set forth in Section ‎4 are contingent upon Licensee’s proper use of the Software, and shall not apply to damage caused by abuse, misuse, alteration, neglect or unauthorized repair or installation, or by the use or attempted use of Software other than that supplied and supported by Applitools. Applitools will use reasonable commercial efforts to repair or replace the Software or the applicable portion thereof, pursuant to the foregoing warranty within thirty (30) days of being so notified.\n1. Warranty Disclaimers. AS BETWEEN LICENSEE AND APPLITOOLS, EXCEPT AS SET IN SECTION ‎4, THE SOFTWARE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND INCLUDING, WITHOUT LIMITATION, REPRESENTATIONS, WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR INTENDED OR PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, THAT THE SOFTWARE WILL MEET LICENSEE’S REQUIREMENTS OR EXPECTATIONS OR WILL ACHIEVE ANY SPECIFIC RESULTS AND THOSE ARISING BY STATUTE OR FROM A COURSE OF DEALING OR USAGE OF TRADE. Applicable law may not allow the exclusion of certain warranties, so to that extent such exclusions may not apply.\n1. High Risk Activities. You acknowledge that the Software is not fault tolerant and is not designed, manufactured, or intended for use or resale as on-line control equipment in hazardous or high risk environments and activities requiring fail-safe performance (such as in the operation of nuclear facilities, aircraft navigation or communication systems, air traffic control, direct life support machines and/or devices, or weapons systems) in which the failure of the Software could lead directly to death, personal injury, or severe physical or environmental damage, and You agree not to use or allow the use of the Software or any portion thereof for, or in connection with, any such environment or activity.\n1. Indemnify. You agree that Applitools shall have no liability whatsoever for any use made of the Software by You or any third party. You hereby agree to defend, indemnify and hold harmless Applitools and its affiliates and their respective officers, directors, agents and employees from any and all claims, damages, liabilities, costs, and expenses (including attorney’s fees) arising from claims related to Your use of the Software as well as from Your failure to comply with this Agreement.\n1. Limitation of Liability. UNDER NO CIRCUMSTANCES SHALL APPLITOOLS AND/OR ITS AFFILIATES BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, OR FOR ANY LOSS OF DATA, REVENUE, BUSINESS OR REPUTATION, THAT ARISES UNDER OR IN CONNECTION WITH THIS AGREEMENT, OR THAT RESULTS FROM THE USE OF, OR THE INABILITY TO USE, THE SOFTWARE. APPLITOOLS’S TOTAL AGGREGATE LIABILITY FOR ANY AND ALL DIRECT DAMAGES AND LOSSES THAT ARISE UNDER OR IN CONNECTION WITH THIS AGREEMENT SHALL NOT IN ANY CIRCUMSTANCE EXCEED THE AMOUNT OF 100.00 (ONE HUNDRED) UNITED STATES DOLLARS. THE FOREGOING LIMITATIONS AND EXCLUSIONS IN THIS SECTION ‎7 SHALL APPLY: (I) EVEN IF APPLITOOLS HAS BEEN ADVISED OF THE POSSIBILITY OF ANY DAMAGES OR LOSSES; (II) EVEN IF ANY REMEDY SET FORTH HEREIN FAILS OF ITS ESSENTIAL PURPOSE; AND (III) REGARDLESS OF THE BASIS OR THEORY OF LIABILITY.\n1. Export Laws. Licensee agrees to comply fully with all U.S., EU, Israeli, and all applicable export laws and regulations to ensure that neither the Software nor any technical data related thereto are exported or re-exported directly or indirectly in violation of, or used for any purposes prohibited by, such laws and regulations. For clarity, and without derogating from Section ‎11 below, in case of any change of any applicable law, policy or regulation, which might affect Applitools’ business, Applitools will have the right to terminate this Agreement and the license granted hereunder and the Licensee shall have no claims regarding such termination. \n1. Term and Termination. This Agreement shall continue until terminated as set forth in this section (the “Term”). You may terminate this Agreement at any time by removing the Software from Your system and destroying all copies of the Software and Documentation relating to the Software. Unauthorized copying of the Software or otherwise failing to comply with this Agreement will result in automatic immediate termination of this Agreement and will make available to Applitools legal remedies. Applitools reserves the right to terminate this Agreement and the License at any time and without notice. Upon termination of this Agreement, the License will terminate and You: (i) will cease any and all rights to use the Software, and (ii) will remove the Software from all hard drives, networks and other storage media and destroy all copies of the Software in your possession or under your control. 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This Agreement are governed by and construed under the laws of the State of Israel, excluding its conflicts of law rules. You expressly agree that the exclusive jurisdiction for any claim or action arising out of or relating to this Agreement shall be the courts located in Tel Aviv, Israel, and You further agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action. 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BY INSTALLING, ACCESSING AND/OR USING THE SOFTWARE (AS DEFINED BELOW), YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOU, OR THE COMPANY YOU REPRESENT, (“YOU” OR “LICENSEE”) ARE ENTERING INTO A LEGAL AGREEMENT WITH APPLITOOLS LTD. AND ITS AFFILIATES (“APPLITOOLS”), AND HAVE UNDERSTOOD AND AGREE TO COMPLY WITH, AND BE LEGALLY BOUND BY, THE TERMS AND CONDITIONS OF THIS AGREEMENT. YOU HEREBY WAIVE ANY RIGHTS OR REQUIREMENTS UNDER ANY LAWS OR REGULATIONS IN ANY JURISDICTION WHICH REQUIRE AN ORIGINAL (NON-ELECTRONIC) SIGNATURE OR DELIVERY OR RETENTION OF NON-ELECTRONIC RECORDS, TO THE EXTENT PERMITTED UNDER APPLICABLE LAW. \nTHE SOFTWARE MAY BE USED SOLELY FOR YOUR PERSONAL, NON-COMMERCIAL PURPOSES. FOR COMMERCIAL PURPOSES PLEASE CONTACT THE REGIONAL APPLITOOLS BUSINESS REPRESENTATIVE. \n1. Definitions. For purposes of this Agreement, the following capitalized terms shall have the following meaning:\n   1. “Documentation” means the user’s guides and technical manuals delivered by Applitools to Licensee.\n   2.  “Feedback” means suggestions, comments or feedback (whether orally or in writing) with respect to the Software.\n   3. “Intellectual Property Rights” means all intangible legal rights, titles and interests evidenced by or embodied in all: (i) inventions (regardless of patentability and whether or not reduced to practice), improvements thereto, patents, patent applications, patent disclosures, together with all reissuances, continuations, continuations in part, revisions, extensions and reexaminations thereof; (ii) trademarks, service marks, trade dress, logos, trade names, corporate names, together with translations, adaptations, derivations and combinations thereof, including goodwill associated therewith, and applications, registrations, and renewals in connection therewith; (iii) any work of authorship, regardless of copyrightable, copyrightable works, copyrights (including moral rights), and applications, registrations and renewals in connection therewith; (iv) mask works and applications, registrations and renewals in connection therewith; (v) trade secrets and Confidential Information; and (vi) other proprietary rights and any other similar rights, in each case on a worldwide basis, and copies and tangible embodiments thereof, in whatever form or medium.\n   4. “License” means the right to use the Software pursuant to Section ‎2.1 to this Agreement.\n   5.  “Software” means Applitools’ software development kit software in object or source code version, Documentation and any updates and upgrade thereto (to the extent delivered).\n1. License\n   1. Grant of License. Subject to the terms and conditions of this Agreement, Applitools grants You, during the Term, a personal, non-exclusive, non-sublicensable, non-transferable, revocable license to: (i) use the Software solely for Your own personal (non-commercial) use and (ii) use and display Applitools’ Marks solely for the purpose of publicizing or advertising that You are using the Software. \n   2. Documentation. Applitools may make available Documentation to Licensee for Licensee to use solely in connection with Licensee’s use of the Software during the term of this Agreement. Licensee may print or copy the Documentation as needed for its own purposes provided that all copyright notices are included therein. The Documentation shall be considered the Confidential Information of Applitools. \n   1. Reservation of Rights; Use Restrictions. Other than the rights explicitly granted in this Agreement, Licensee shall have no other rights, express or implied, in the Software. Without limiting the generality of the foregoing, Licensee agrees and undertakes not to: (i) allow any third party to use the Software in any manner, including but not limited to, sell, lease, sublicense or distribute the Software, or any part thereof; (ii) modify, revise, or alter the Software or reverse engineer, decompile, disassemble or otherwise reduce to human-perceivable form the Software’s source code; (iii) copy or allow copies of the Software to be made; (iv) remove, alter or obscure any proprietary notice or identification, including copyright, trademark, patent or other notices, contained in or displayed on or via the Software; (v) use the Software to violate any applicable laws, rules or regulations, or for any unlawful, harmful, irresponsible, or inappropriate purpose, or in any manner that breaches this Agreement, and/or (vi) represent that it possesses any proprietary interest in the Software.\n   1. Third Party Software. Licensee acknowledges and agrees that any third party software (“Third Party Software”) that provided with the Software is provided under the terms of the license attached/linked thereto or, if no such license is attached, such Third Party Software is provided for free and on “AS IS” basis. Applitools is not liable for any losses or damages which may occur resulting from the use of any Third Party Software. Applitools does not possess any proprietary interest in such Third Party Software. \n   1. Open Source Licenses. The Software includes certain open source code software and materials (as shall be listed in the documentation of the Software) (“Open Source Software”) that are subject to their respective open source licenses (“Open Source Licenses”). Such Open Source Licenses contain a list of conditions with respect to warranty, copyright policy and other provisions. By executing this Agreement, Licensee undertakes to strictly comply with the terms and condition of the Open Source Licenses, as may be amended from time to time. In order to comply with the Open Source Licenses, Licensee shall read the respective licenses or notices, such list of Open Source Licenses may be amended from time to time by Applitools, at its sole discretion. In the event of any inconsistencies or conflicting provisions between the provisions of the Open Source Licenses and the provisions of this Agreement, the provisions of the Open Source Licenses shall prevail. Without derogating from the generality of the foregoing, it is clarified that any Open Source Software is provided on an “AS IS” basis, without indemnity or warranty of any kind, whether express or implied. For clarity, the representations and warranties set forth in Section ‎4 hereunder shall not apply to any Open Source Software.\n1. Title & Ownership. APPLITOOLS DOES NOT SELL OR TRANSFER TITLE IN THE SOFTWARE, OR ANY PART THEREOF, TO LICENSEE. The Documentation, Software (excluding any Open Source Software and Third Party Software therein which are owned by their respective licensors) and/or any copies thereof, including without limitation any derivative works made (regardless of whether such derivative works were made and/or developed pursuant to the request and/or specifications of Licensee, and irrespective of any support and/or assistance Applitools may, will or had received from Licensee, or any third party on its behalf, with respect thereto), as well as any updates or upgrades thereto, if provided to Applitools pursuant to this Agreement, shall remain Applitools’ sole and exclusive property. All Intellectual Property Rights evidenced by or embodied in and/or attached/connected/related to the Software, or part thereof, are and shall be owned solely and exclusively by Applitools. Nothing in this Agreement shall constitute a waiver of Applitools’ Intellectual Property Rights under any law, or be in any way construed or interpreted as such. It is further agreed that to the extent Licensee provides Applitools with Feedback, Licensee acknowledges that any and all rights, including Intellectual Property Rights in such Feedback shall belong exclusively to Applitools and Licensee hereby irrevocably and unconditionally transfers and assigns to Applitools all intellectual property rights in such Feedback and waives any and all moral rights that Licensee may have in respect thereto. It is further understood that use of Feedback, if any, may be made by Applitools at its sole discretion, and that Applitools in no way shall be obliged to make use of any kind of the Feedback or part thereof. \n1. Warranty. Applitools warrants that to its knowledge it has the right to grant the license under this Agreement. Applitools’ sole liability for any breach of this warranty or any other warranty under this Agreement shall be, at Applitools’ sole discretion: (i) to replace or repair the Software or the applicable portion thereof; or (ii) to terminate this Agreement.\n2. Warranty Exclusions. The warranties set forth in Section ‎4 are contingent upon Licensee’s proper use of the Software, and shall not apply to damage caused by abuse, misuse, alteration, neglect or unauthorized repair or installation, or by the use or attempted use of Software other than that supplied and supported by Applitools. Applitools will use reasonable commercial efforts to repair or replace the Software or the applicable portion thereof, pursuant to the foregoing warranty within thirty (30) days of being so notified.\n1. Warranty Disclaimers. AS BETWEEN LICENSEE AND APPLITOOLS, EXCEPT AS SET IN SECTION ‎4, THE SOFTWARE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND INCLUDING, WITHOUT LIMITATION, REPRESENTATIONS, WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR INTENDED OR PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, THAT THE SOFTWARE WILL MEET LICENSEE’S REQUIREMENTS OR EXPECTATIONS OR WILL ACHIEVE ANY SPECIFIC RESULTS AND THOSE ARISING BY STATUTE OR FROM A COURSE OF DEALING OR USAGE OF TRADE. Applicable law may not allow the exclusion of certain warranties, so to that extent such exclusions may not apply.\n1. High Risk Activities. You acknowledge that the Software is not fault tolerant and is not designed, manufactured, or intended for use or resale as on-line control equipment in hazardous or high risk environments and activities requiring fail-safe performance (such as in the operation of nuclear facilities, aircraft navigation or communication systems, air traffic control, direct life support machines and/or devices, or weapons systems) in which the failure of the Software could lead directly to death, personal injury, or severe physical or environmental damage, and You agree not to use or allow the use of the Software or any portion thereof for, or in connection with, any such environment or activity.\n1. Indemnify. You agree that Applitools shall have no liability whatsoever for any use made of the Software by You or any third party. You hereby agree to defend, indemnify and hold harmless Applitools and its affiliates and their respective officers, directors, agents and employees from any and all claims, damages, liabilities, costs, and expenses (including attorney’s fees) arising from claims related to Your use of the Software as well as from Your failure to comply with this Agreement.\n1. Limitation of Liability. UNDER NO CIRCUMSTANCES SHALL APPLITOOLS AND/OR ITS AFFILIATES BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, OR FOR ANY LOSS OF DATA, REVENUE, BUSINESS OR REPUTATION, THAT ARISES UNDER OR IN CONNECTION WITH THIS AGREEMENT, OR THAT RESULTS FROM THE USE OF, OR THE INABILITY TO USE, THE SOFTWARE. APPLITOOLS’S TOTAL AGGREGATE LIABILITY FOR ANY AND ALL DIRECT DAMAGES AND LOSSES THAT ARISE UNDER OR IN CONNECTION WITH THIS AGREEMENT SHALL NOT IN ANY CIRCUMSTANCE EXCEED THE AMOUNT OF 100.00 (ONE HUNDRED) UNITED STATES DOLLARS. THE FOREGOING LIMITATIONS AND EXCLUSIONS IN THIS SECTION ‎7 SHALL APPLY: (I) EVEN IF APPLITOOLS HAS BEEN ADVISED OF THE POSSIBILITY OF ANY DAMAGES OR LOSSES; (II) EVEN IF ANY REMEDY SET FORTH HEREIN FAILS OF ITS ESSENTIAL PURPOSE; AND (III) REGARDLESS OF THE BASIS OR THEORY OF LIABILITY.\n1. Export Laws. Licensee agrees to comply fully with all U.S., EU, Israeli, and all applicable export laws and regulations to ensure that neither the Software nor any technical data related thereto are exported or re-exported directly or indirectly in violation of, or used for any purposes prohibited by, such laws and regulations. For clarity, and without derogating from Section ‎11 below, in case of any change of any applicable law, policy or regulation, which might affect Applitools’ business, Applitools will have the right to terminate this Agreement and the license granted hereunder and the Licensee shall have no claims regarding such termination. \n1. Term and Termination. This Agreement shall continue until terminated as set forth in this section (the “Term”). You may terminate this Agreement at any time by removing the Software from Your system and destroying all copies of the Software and Documentation relating to the Software. Unauthorized copying of the Software or otherwise failing to comply with this Agreement will result in automatic immediate termination of this Agreement and will make available to Applitools legal remedies. Applitools reserves the right to terminate this Agreement and the License at any time and without notice. Upon termination of this Agreement, the License will terminate and You: (i) will cease any and all rights to use the Software, and (ii) will remove the Software from all hard drives, networks and other storage media and destroy all copies of the Software in your possession or under your control. The provisions of Sections ‎2.3, ‎2.4, ‎2.5, ‎6, ‎7, ‎8, ‎9, 10, ‎11 and ‎12 shall survive the termination, expiration or other ending of this Agreement.\n1. Miscellaneous. This Agreement represents the complete agreement concerning the Software between You and Applitools and supersedes all prior agreements and representations between You and Applitools. If any provision of this Agreement is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable. Any waiver of any provision of this Agreement will be effective only if in writing and signed by Applitools. This Agreement is personal to You and may not be assigned or transferred for any reason whatsoever without the consent of Applitools and any action or conduct in violation of the foregoing shall be void and without effect. Applitools expressly reserves the right to assign this Agreement and to delegate any of its obligations hereunder. This Agreement are governed by and construed under the laws of the State of Israel, excluding its conflicts of law rules. You expressly agree that the exclusive jurisdiction for any claim or action arising out of or relating to this Agreement shall be the courts located in Tel Aviv, Israel, and You further agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action. 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BY INSTALLING, ACCESSING AND/OR USING THE SOFTWARE (AS DEFINED BELOW), YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOU, OR THE COMPANY YOU REPRESENT, (“YOU” OR “LICENSEE”) ARE ENTERING INTO A LEGAL AGREEMENT WITH APPLITOOLS LTD. AND ITS AFFILIATES (“APPLITOOLS”), AND HAVE UNDERSTOOD AND AGREE TO COMPLY WITH, AND BE LEGALLY BOUND BY, THE TERMS AND CONDITIONS OF THIS AGREEMENT. YOU HEREBY WAIVE ANY RIGHTS OR REQUIREMENTS UNDER ANY LAWS OR REGULATIONS IN ANY JURISDICTION WHICH REQUIRE AN ORIGINAL (NON-ELECTRONIC) SIGNATURE OR DELIVERY OR RETENTION OF NON-ELECTRONIC RECORDS, TO THE EXTENT PERMITTED UNDER APPLICABLE LAW. \nTHE SOFTWARE MAY BE USED SOLELY FOR YOUR PERSONAL, NON-COMMERCIAL PURPOSES. FOR COMMERCIAL PURPOSES PLEASE CONTACT THE REGIONAL APPLITOOLS BUSINESS REPRESENTATIVE. \n1. Definitions. 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Other than the rights explicitly granted in this Agreement, Licensee shall have no other rights, express or implied, in the Software. Without limiting the generality of the foregoing, Licensee agrees and undertakes not to: (i) allow any third party to use the Software in any manner, including but not limited to, sell, lease, sublicense or distribute the Software, or any part thereof; (ii) modify, revise, or alter the Software or reverse engineer, decompile, disassemble or otherwise reduce to human-perceivable form the Software’s source code; (iii) copy or allow copies of the Software to be made; (iv) remove, alter or obscure any proprietary notice or identification, including copyright, trademark, patent or other notices, contained in or displayed on or via the Software; (v) use the Software to violate any applicable laws, rules or regulations, or for any unlawful, harmful, irresponsible, or inappropriate purpose, or in any manner that breaches this Agreement, and/or (vi) represent that it possesses any proprietary interest in the Software.\n   1. Third Party Software. Licensee acknowledges and agrees that any third party software (“Third Party Software”) that provided with the Software is provided under the terms of the license attached/linked thereto or, if no such license is attached, such Third Party Software is provided for free and on “AS IS” basis. Applitools is not liable for any losses or damages which may occur resulting from the use of any Third Party Software. Applitools does not possess any proprietary interest in such Third Party Software. \n   1. Open Source Licenses. The Software includes certain open source code software and materials (as shall be listed in the documentation of the Software) (“Open Source Software”) that are subject to their respective open source licenses (“Open Source Licenses”). Such Open Source Licenses contain a list of conditions with respect to warranty, copyright policy and other provisions. By executing this Agreement, Licensee undertakes to strictly comply with the terms and condition of the Open Source Licenses, as may be amended from time to time. In order to comply with the Open Source Licenses, Licensee shall read the respective licenses or notices, such list of Open Source Licenses may be amended from time to time by Applitools, at its sole discretion. In the event of any inconsistencies or conflicting provisions between the provisions of the Open Source Licenses and the provisions of this Agreement, the provisions of the Open Source Licenses shall prevail. Without derogating from the generality of the foregoing, it is clarified that any Open Source Software is provided on an “AS IS” basis, without indemnity or warranty of any kind, whether express or implied. For clarity, the representations and warranties set forth in Section ‎4 hereunder shall not apply to any Open Source Software.\n1. Title & Ownership. APPLITOOLS DOES NOT SELL OR TRANSFER TITLE IN THE SOFTWARE, OR ANY PART THEREOF, TO LICENSEE. The Documentation, Software (excluding any Open Source Software and Third Party Software therein which are owned by their respective licensors) and/or any copies thereof, including without limitation any derivative works made (regardless of whether such derivative works were made and/or developed pursuant to the request and/or specifications of Licensee, and irrespective of any support and/or assistance Applitools may, will or had received from Licensee, or any third party on its behalf, with respect thereto), as well as any updates or upgrades thereto, if provided to Applitools pursuant to this Agreement, shall remain Applitools’ sole and exclusive property. All Intellectual Property Rights evidenced by or embodied in and/or attached/connected/related to the Software, or part thereof, are and shall be owned solely and exclusively by Applitools. Nothing in this Agreement shall constitute a waiver of Applitools’ Intellectual Property Rights under any law, or be in any way construed or interpreted as such. It is further agreed that to the extent Licensee provides Applitools with Feedback, Licensee acknowledges that any and all rights, including Intellectual Property Rights in such Feedback shall belong exclusively to Applitools and Licensee hereby irrevocably and unconditionally transfers and assigns to Applitools all intellectual property rights in such Feedback and waives any and all moral rights that Licensee may have in respect thereto. It is further understood that use of Feedback, if any, may be made by Applitools at its sole discretion, and that Applitools in no way shall be obliged to make use of any kind of the Feedback or part thereof. \n1. Warranty. Applitools warrants that to its knowledge it has the right to grant the license under this Agreement. Applitools’ sole liability for any breach of this warranty or any other warranty under this Agreement shall be, at Applitools’ sole discretion: (i) to replace or repair the Software or the applicable portion thereof; or (ii) to terminate this Agreement.\n2. Warranty Exclusions. The warranties set forth in Section ‎4 are contingent upon Licensee’s proper use of the Software, and shall not apply to damage caused by abuse, misuse, alteration, neglect or unauthorized repair or installation, or by the use or attempted use of Software other than that supplied and supported by Applitools. Applitools will use reasonable commercial efforts to repair or replace the Software or the applicable portion thereof, pursuant to the foregoing warranty within thirty (30) days of being so notified.\n1. Warranty Disclaimers. AS BETWEEN LICENSEE AND APPLITOOLS, EXCEPT AS SET IN SECTION ‎4, THE SOFTWARE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND INCLUDING, WITHOUT LIMITATION, REPRESENTATIONS, WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR INTENDED OR PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, THAT THE SOFTWARE WILL MEET LICENSEE’S REQUIREMENTS OR EXPECTATIONS OR WILL ACHIEVE ANY SPECIFIC RESULTS AND THOSE ARISING BY STATUTE OR FROM A COURSE OF DEALING OR USAGE OF TRADE. Applicable law may not allow the exclusion of certain warranties, so to that extent such exclusions may not apply.\n1. High Risk Activities. You acknowledge that the Software is not fault tolerant and is not designed, manufactured, or intended for use or resale as on-line control equipment in hazardous or high risk environments and activities requiring fail-safe performance (such as in the operation of nuclear facilities, aircraft navigation or communication systems, air traffic control, direct life support machines and/or devices, or weapons systems) in which the failure of the Software could lead directly to death, personal injury, or severe physical or environmental damage, and You agree not to use or allow the use of the Software or any portion thereof for, or in connection with, any such environment or activity.\n1. Indemnify. You agree that Applitools shall have no liability whatsoever for any use made of the Software by You or any third party. You hereby agree to defend, indemnify and hold harmless Applitools and its affiliates and their respective officers, directors, agents and employees from any and all claims, damages, liabilities, costs, and expenses (including attorney’s fees) arising from claims related to Your use of the Software as well as from Your failure to comply with this Agreement.\n1. Limitation of Liability. UNDER NO CIRCUMSTANCES SHALL APPLITOOLS AND/OR ITS AFFILIATES BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, OR FOR ANY LOSS OF DATA, REVENUE, BUSINESS OR REPUTATION, THAT ARISES UNDER OR IN CONNECTION WITH THIS AGREEMENT, OR THAT RESULTS FROM THE USE OF, OR THE INABILITY TO USE, THE SOFTWARE. APPLITOOLS’S TOTAL AGGREGATE LIABILITY FOR ANY AND ALL DIRECT DAMAGES AND LOSSES THAT ARISE UNDER OR IN CONNECTION WITH THIS AGREEMENT SHALL NOT IN ANY CIRCUMSTANCE EXCEED THE AMOUNT OF 100.00 (ONE HUNDRED) UNITED STATES DOLLARS. THE FOREGOING LIMITATIONS AND EXCLUSIONS IN THIS SECTION ‎7 SHALL APPLY: (I) EVEN IF APPLITOOLS HAS BEEN ADVISED OF THE POSSIBILITY OF ANY DAMAGES OR LOSSES; (II) EVEN IF ANY REMEDY SET FORTH HEREIN FAILS OF ITS ESSENTIAL PURPOSE; AND (III) REGARDLESS OF THE BASIS OR THEORY OF LIABILITY.\n1. Export Laws. Licensee agrees to comply fully with all U.S., EU, Israeli, and all applicable export laws and regulations to ensure that neither the Software nor any technical data related thereto are exported or re-exported directly or indirectly in violation of, or used for any purposes prohibited by, such laws and regulations. For clarity, and without derogating from Section ‎11 below, in case of any change of any applicable law, policy or regulation, which might affect Applitools’ business, Applitools will have the right to terminate this Agreement and the license granted hereunder and the Licensee shall have no claims regarding such termination. \n1. Term and Termination. This Agreement shall continue until terminated as set forth in this section (the “Term”). You may terminate this Agreement at any time by removing the Software from Your system and destroying all copies of the Software and Documentation relating to the Software. Unauthorized copying of the Software or otherwise failing to comply with this Agreement will result in automatic immediate termination of this Agreement and will make available to Applitools legal remedies. Applitools reserves the right to terminate this Agreement and the License at any time and without notice. Upon termination of this Agreement, the License will terminate and You: (i) will cease any and all rights to use the Software, and (ii) will remove the Software from all hard drives, networks and other storage media and destroy all copies of the Software in your possession or under your control. 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This Agreement are governed by and construed under the laws of the State of Israel, excluding its conflicts of law rules. You expressly agree that the exclusive jurisdiction for any claim or action arising out of or relating to this Agreement shall be the courts located in Tel Aviv, Israel, and You further agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action. 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BY INSTALLING, ACCESSING AND/OR USING THE SOFTWARE (AS DEFINED BELOW), YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOU, OR THE COMPANY YOU REPRESENT, (“YOU” OR “LICENSEE”) ARE ENTERING INTO A LEGAL AGREEMENT WITH APPLITOOLS LTD. AND ITS AFFILIATES (“APPLITOOLS”), AND HAVE UNDERSTOOD AND AGREE TO COMPLY WITH, AND BE LEGALLY BOUND BY, THE TERMS AND CONDITIONS OF THIS AGREEMENT. YOU HEREBY WAIVE ANY RIGHTS OR REQUIREMENTS UNDER ANY LAWS OR REGULATIONS IN ANY JURISDICTION WHICH REQUIRE AN ORIGINAL (NON-ELECTRONIC) SIGNATURE OR DELIVERY OR RETENTION OF NON-ELECTRONIC RECORDS, TO THE EXTENT PERMITTED UNDER APPLICABLE LAW. \nTHE SOFTWARE MAY BE USED SOLELY FOR YOUR PERSONAL, NON-COMMERCIAL PURPOSES. FOR COMMERCIAL PURPOSES PLEASE CONTACT THE REGIONAL APPLITOOLS BUSINESS REPRESENTATIVE. \n1. Definitions. For purposes of this Agreement, the following capitalized terms shall have the following meaning:\n   1. “Documentation” means the user’s guides and technical manuals delivered by Applitools to Licensee.\n   2.  “Feedback” means suggestions, comments or feedback (whether orally or in writing) with respect to the Software.\n   3. “Intellectual Property Rights” means all intangible legal rights, titles and interests evidenced by or embodied in all: (i) inventions (regardless of patentability and whether or not reduced to practice), improvements thereto, patents, patent applications, patent disclosures, together with all reissuances, continuations, continuations in part, revisions, extensions and reexaminations thereof; (ii) trademarks, service marks, trade dress, logos, trade names, corporate names, together with translations, adaptations, derivations and combinations thereof, including goodwill associated therewith, and applications, registrations, and renewals in connection therewith; (iii) any work of authorship, regardless of copyrightable, copyrightable works, copyrights (including moral rights), and applications, registrations and renewals in connection therewith; (iv) mask works and applications, registrations and renewals in connection therewith; (v) trade secrets and Confidential Information; and (vi) other proprietary rights and any other similar rights, in each case on a worldwide basis, and copies and tangible embodiments thereof, in whatever form or medium.\n   4. “License” means the right to use the Software pursuant to Section ‎2.1 to this Agreement.\n   5.  “Software” means Applitools’ software development kit software in object or source code version, Documentation and any updates and upgrade thereto (to the extent delivered).\n1. License\n   1. Grant of License. Subject to the terms and conditions of this Agreement, Applitools grants You, during the Term, a personal, non-exclusive, non-sublicensable, non-transferable, revocable license to: (i) use the Software solely for Your own personal (non-commercial) use and (ii) use and display Applitools’ Marks solely for the purpose of publicizing or advertising that You are using the Software. \n   2. Documentation. Applitools may make available Documentation to Licensee for Licensee to use solely in connection with Licensee’s use of the Software during the term of this Agreement. Licensee may print or copy the Documentation as needed for its own purposes provided that all copyright notices are included therein. The Documentation shall be considered the Confidential Information of Applitools. \n   1. Reservation of Rights; Use Restrictions. Other than the rights explicitly granted in this Agreement, Licensee shall have no other rights, express or implied, in the Software. Without limiting the generality of the foregoing, Licensee agrees and undertakes not to: (i) allow any third party to use the Software in any manner, including but not limited to, sell, lease, sublicense or distribute the Software, or any part thereof; (ii) modify, revise, or alter the Software or reverse engineer, decompile, disassemble or otherwise reduce to human-perceivable form the Software’s source code; (iii) copy or allow copies of the Software to be made; (iv) remove, alter or obscure any proprietary notice or identification, including copyright, trademark, patent or other notices, contained in or displayed on or via the Software; (v) use the Software to violate any applicable laws, rules or regulations, or for any unlawful, harmful, irresponsible, or inappropriate purpose, or in any manner that breaches this Agreement, and/or (vi) represent that it possesses any proprietary interest in the Software.\n   1. Third Party Software. Licensee acknowledges and agrees that any third party software (“Third Party Software”) that provided with the Software is provided under the terms of the license attached/linked thereto or, if no such license is attached, such Third Party Software is provided for free and on “AS IS” basis. Applitools is not liable for any losses or damages which may occur resulting from the use of any Third Party Software. Applitools does not possess any proprietary interest in such Third Party Software. \n   1. Open Source Licenses. The Software includes certain open source code software and materials (as shall be listed in the documentation of the Software) (“Open Source Software”) that are subject to their respective open source licenses (“Open Source Licenses”). Such Open Source Licenses contain a list of conditions with respect to warranty, copyright policy and other provisions. By executing this Agreement, Licensee undertakes to strictly comply with the terms and condition of the Open Source Licenses, as may be amended from time to time. In order to comply with the Open Source Licenses, Licensee shall read the respective licenses or notices, such list of Open Source Licenses may be amended from time to time by Applitools, at its sole discretion. In the event of any inconsistencies or conflicting provisions between the provisions of the Open Source Licenses and the provisions of this Agreement, the provisions of the Open Source Licenses shall prevail. Without derogating from the generality of the foregoing, it is clarified that any Open Source Software is provided on an “AS IS” basis, without indemnity or warranty of any kind, whether express or implied. For clarity, the representations and warranties set forth in Section ‎4 hereunder shall not apply to any Open Source Software.\n1. Title & Ownership. APPLITOOLS DOES NOT SELL OR TRANSFER TITLE IN THE SOFTWARE, OR ANY PART THEREOF, TO LICENSEE. The Documentation, Software (excluding any Open Source Software and Third Party Software therein which are owned by their respective licensors) and/or any copies thereof, including without limitation any derivative works made (regardless of whether such derivative works were made and/or developed pursuant to the request and/or specifications of Licensee, and irrespective of any support and/or assistance Applitools may, will or had received from Licensee, or any third party on its behalf, with respect thereto), as well as any updates or upgrades thereto, if provided to Applitools pursuant to this Agreement, shall remain Applitools’ sole and exclusive property. All Intellectual Property Rights evidenced by or embodied in and/or attached/connected/related to the Software, or part thereof, are and shall be owned solely and exclusively by Applitools. Nothing in this Agreement shall constitute a waiver of Applitools’ Intellectual Property Rights under any law, or be in any way construed or interpreted as such. It is further agreed that to the extent Licensee provides Applitools with Feedback, Licensee acknowledges that any and all rights, including Intellectual Property Rights in such Feedback shall belong exclusively to Applitools and Licensee hereby irrevocably and unconditionally transfers and assigns to Applitools all intellectual property rights in such Feedback and waives any and all moral rights that Licensee may have in respect thereto. It is further understood that use of Feedback, if any, may be made by Applitools at its sole discretion, and that Applitools in no way shall be obliged to make use of any kind of the Feedback or part thereof. \n1. Warranty. Applitools warrants that to its knowledge it has the right to grant the license under this Agreement. Applitools’ sole liability for any breach of this warranty or any other warranty under this Agreement shall be, at Applitools’ sole discretion: (i) to replace or repair the Software or the applicable portion thereof; or (ii) to terminate this Agreement.\n2. Warranty Exclusions. The warranties set forth in Section ‎4 are contingent upon Licensee’s proper use of the Software, and shall not apply to damage caused by abuse, misuse, alteration, neglect or unauthorized repair or installation, or by the use or attempted use of Software other than that supplied and supported by Applitools. Applitools will use reasonable commercial efforts to repair or replace the Software or the applicable portion thereof, pursuant to the foregoing warranty within thirty (30) days of being so notified.\n1. Warranty Disclaimers. AS BETWEEN LICENSEE AND APPLITOOLS, EXCEPT AS SET IN SECTION ‎4, THE SOFTWARE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND INCLUDING, WITHOUT LIMITATION, REPRESENTATIONS, WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR INTENDED OR PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, THAT THE SOFTWARE WILL MEET LICENSEE’S REQUIREMENTS OR EXPECTATIONS OR WILL ACHIEVE ANY SPECIFIC RESULTS AND THOSE ARISING BY STATUTE OR FROM A COURSE OF DEALING OR USAGE OF TRADE. Applicable law may not allow the exclusion of certain warranties, so to that extent such exclusions may not apply.\n1. High Risk Activities. You acknowledge that the Software is not fault tolerant and is not designed, manufactured, or intended for use or resale as on-line control equipment in hazardous or high risk environments and activities requiring fail-safe performance (such as in the operation of nuclear facilities, aircraft navigation or communication systems, air traffic control, direct life support machines and/or devices, or weapons systems) in which the failure of the Software could lead directly to death, personal injury, or severe physical or environmental damage, and You agree not to use or allow the use of the Software or any portion thereof for, or in connection with, any such environment or activity.\n1. Indemnify. You agree that Applitools shall have no liability whatsoever for any use made of the Software by You or any third party. You hereby agree to defend, indemnify and hold harmless Applitools and its affiliates and their respective officers, directors, agents and employees from any and all claims, damages, liabilities, costs, and expenses (including attorney’s fees) arising from claims related to Your use of the Software as well as from Your failure to comply with this Agreement.\n1. Limitation of Liability. UNDER NO CIRCUMSTANCES SHALL APPLITOOLS AND/OR ITS AFFILIATES BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, OR FOR ANY LOSS OF DATA, REVENUE, BUSINESS OR REPUTATION, THAT ARISES UNDER OR IN CONNECTION WITH THIS AGREEMENT, OR THAT RESULTS FROM THE USE OF, OR THE INABILITY TO USE, THE SOFTWARE. APPLITOOLS’S TOTAL AGGREGATE LIABILITY FOR ANY AND ALL DIRECT DAMAGES AND LOSSES THAT ARISE UNDER OR IN CONNECTION WITH THIS AGREEMENT SHALL NOT IN ANY CIRCUMSTANCE EXCEED THE AMOUNT OF 100.00 (ONE HUNDRED) UNITED STATES DOLLARS. THE FOREGOING LIMITATIONS AND EXCLUSIONS IN THIS SECTION ‎7 SHALL APPLY: (I) EVEN IF APPLITOOLS HAS BEEN ADVISED OF THE POSSIBILITY OF ANY DAMAGES OR LOSSES; (II) EVEN IF ANY REMEDY SET FORTH HEREIN FAILS OF ITS ESSENTIAL PURPOSE; AND (III) REGARDLESS OF THE BASIS OR THEORY OF LIABILITY.\n1. Export Laws. Licensee agrees to comply fully with all U.S., EU, Israeli, and all applicable export laws and regulations to ensure that neither the Software nor any technical data related thereto are exported or re-exported directly or indirectly in violation of, or used for any purposes prohibited by, such laws and regulations. For clarity, and without derogating from Section ‎11 below, in case of any change of any applicable law, policy or regulation, which might affect Applitools’ business, Applitools will have the right to terminate this Agreement and the license granted hereunder and the Licensee shall have no claims regarding such termination. \n1. Term and Termination. This Agreement shall continue until terminated as set forth in this section (the “Term”). You may terminate this Agreement at any time by removing the Software from Your system and destroying all copies of the Software and Documentation relating to the Software. Unauthorized copying of the Software or otherwise failing to comply with this Agreement will result in automatic immediate termination of this Agreement and will make available to Applitools legal remedies. Applitools reserves the right to terminate this Agreement and the License at any time and without notice. Upon termination of this Agreement, the License will terminate and You: (i) will cease any and all rights to use the Software, and (ii) will remove the Software from all hard drives, networks and other storage media and destroy all copies of the Software in your possession or under your control. The provisions of Sections ‎2.3, ‎2.4, ‎2.5, ‎6, ‎7, ‎8, ‎9, 10, ‎11 and ‎12 shall survive the termination, expiration or other ending of this Agreement.\n1. Miscellaneous. This Agreement represents the complete agreement concerning the Software between You and Applitools and supersedes all prior agreements and representations between You and Applitools. If any provision of this Agreement is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable. Any waiver of any provision of this Agreement will be effective only if in writing and signed by Applitools. This Agreement is personal to You and may not be assigned or transferred for any reason whatsoever without the consent of Applitools and any action or conduct in violation of the foregoing shall be void and without effect. Applitools expressly reserves the right to assign this Agreement and to delegate any of its obligations hereunder. This Agreement are governed by and construed under the laws of the State of Israel, excluding its conflicts of law rules. You expressly agree that the exclusive jurisdiction for any claim or action arising out of or relating to this Agreement shall be the courts located in Tel Aviv, Israel, and You further agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action. In any action or proceeding to enforce rights under this Agreement, the prevailing party shall be entitled to recover costs and attorneys’ 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BY INSTALLING, ACCESSING AND/OR USING THE SOFTWARE (AS DEFINED BELOW), YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOU, OR THE COMPANY YOU REPRESENT, (“YOU” OR “LICENSEE”) ARE ENTERING INTO A LEGAL AGREEMENT WITH APPLITOOLS LTD. AND ITS AFFILIATES (“APPLITOOLS”), AND HAVE UNDERSTOOD AND AGREE TO COMPLY WITH, AND BE LEGALLY BOUND BY, THE TERMS AND CONDITIONS OF THIS AGREEMENT. YOU HEREBY WAIVE ANY RIGHTS OR REQUIREMENTS UNDER ANY LAWS OR REGULATIONS IN ANY JURISDICTION WHICH REQUIRE AN ORIGINAL (NON-ELECTRONIC) SIGNATURE OR DELIVERY OR RETENTION OF NON-ELECTRONIC RECORDS, TO THE EXTENT PERMITTED UNDER APPLICABLE LAW. \nTHE SOFTWARE MAY BE USED SOLELY FOR YOUR PERSONAL, NON-COMMERCIAL PURPOSES. FOR COMMERCIAL PURPOSES PLEASE CONTACT THE REGIONAL APPLITOOLS BUSINESS REPRESENTATIVE. \n1. Definitions. For purposes of this Agreement, the following capitalized terms shall have the following meaning:\n   1. “Documentation” means the user’s guides and technical manuals delivered by Applitools to Licensee.\n   2.  “Feedback” means suggestions, comments or feedback (whether orally or in writing) with respect to the Software.\n   3. “Intellectual Property Rights” means all intangible legal rights, titles and interests evidenced by or embodied in all: (i) inventions (regardless of patentability and whether or not reduced to practice), improvements thereto, patents, patent applications, patent disclosures, together with all reissuances, continuations, continuations in part, revisions, extensions and reexaminations thereof; (ii) trademarks, service marks, trade dress, logos, trade names, corporate names, together with translations, adaptations, derivations and combinations thereof, including goodwill associated therewith, and applications, registrations, and renewals in connection therewith; (iii) any work of authorship, regardless of copyrightable, copyrightable works, copyrights (including moral rights), and applications, registrations and renewals in connection therewith; (iv) mask works and applications, registrations and renewals in connection therewith; (v) trade secrets and Confidential Information; and (vi) other proprietary rights and any other similar rights, in each case on a worldwide basis, and copies and tangible embodiments thereof, in whatever form or medium.\n   4. “License” means the right to use the Software pursuant to Section ‎2.1 to this Agreement.\n   5.  “Software” means Applitools’ software development kit software in object or source code version, Documentation and any updates and upgrade thereto (to the extent delivered).\n1. License\n   1. Grant of License. Subject to the terms and conditions of this Agreement, Applitools grants You, during the Term, a personal, non-exclusive, non-sublicensable, non-transferable, revocable license to: (i) use the Software solely for Your own personal (non-commercial) use and (ii) use and display Applitools’ Marks solely for the purpose of publicizing or advertising that You are using the Software. \n   2. Documentation. Applitools may make available Documentation to Licensee for Licensee to use solely in connection with Licensee’s use of the Software during the term of this Agreement. Licensee may print or copy the Documentation as needed for its own purposes provided that all copyright notices are included therein. The Documentation shall be considered the Confidential Information of Applitools. \n   1. Reservation of Rights; Use Restrictions. Other than the rights explicitly granted in this Agreement, Licensee shall have no other rights, express or implied, in the Software. Without limiting the generality of the foregoing, Licensee agrees and undertakes not to: (i) allow any third party to use the Software in any manner, including but not limited to, sell, lease, sublicense or distribute the Software, or any part thereof; (ii) modify, revise, or alter the Software or reverse engineer, decompile, disassemble or otherwise reduce to human-perceivable form the Software’s source code; (iii) copy or allow copies of the Software to be made; (iv) remove, alter or obscure any proprietary notice or identification, including copyright, trademark, patent or other notices, contained in or displayed on or via the Software; (v) use the Software to violate any applicable laws, rules or regulations, or for any unlawful, harmful, irresponsible, or inappropriate purpose, or in any manner that breaches this Agreement, and/or (vi) represent that it possesses any proprietary interest in the Software.\n   1. Third Party Software. Licensee acknowledges and agrees that any third party software (“Third Party Software”) that provided with the Software is provided under the terms of the license attached/linked thereto or, if no such license is attached, such Third Party Software is provided for free and on “AS IS” basis. Applitools is not liable for any losses or damages which may occur resulting from the use of any Third Party Software. Applitools does not possess any proprietary interest in such Third Party Software. \n   1. Open Source Licenses. The Software includes certain open source code software and materials (as shall be listed in the documentation of the Software) (“Open Source Software”) that are subject to their respective open source licenses (“Open Source Licenses”). Such Open Source Licenses contain a list of conditions with respect to warranty, copyright policy and other provisions. By executing this Agreement, Licensee undertakes to strictly comply with the terms and condition of the Open Source Licenses, as may be amended from time to time. In order to comply with the Open Source Licenses, Licensee shall read the respective licenses or notices, such list of Open Source Licenses may be amended from time to time by Applitools, at its sole discretion. In the event of any inconsistencies or conflicting provisions between the provisions of the Open Source Licenses and the provisions of this Agreement, the provisions of the Open Source Licenses shall prevail. Without derogating from the generality of the foregoing, it is clarified that any Open Source Software is provided on an “AS IS” basis, without indemnity or warranty of any kind, whether express or implied. For clarity, the representations and warranties set forth in Section ‎4 hereunder shall not apply to any Open Source Software.\n1. Title & Ownership. APPLITOOLS DOES NOT SELL OR TRANSFER TITLE IN THE SOFTWARE, OR ANY PART THEREOF, TO LICENSEE. The Documentation, Software (excluding any Open Source Software and Third Party Software therein which are owned by their respective licensors) and/or any copies thereof, including without limitation any derivative works made (regardless of whether such derivative works were made and/or developed pursuant to the request and/or specifications of Licensee, and irrespective of any support and/or assistance Applitools may, will or had received from Licensee, or any third party on its behalf, with respect thereto), as well as any updates or upgrades thereto, if provided to Applitools pursuant to this Agreement, shall remain Applitools’ sole and exclusive property. All Intellectual Property Rights evidenced by or embodied in and/or attached/connected/related to the Software, or part thereof, are and shall be owned solely and exclusively by Applitools. Nothing in this Agreement shall constitute a waiver of Applitools’ Intellectual Property Rights under any law, or be in any way construed or interpreted as such. It is further agreed that to the extent Licensee provides Applitools with Feedback, Licensee acknowledges that any and all rights, including Intellectual Property Rights in such Feedback shall belong exclusively to Applitools and Licensee hereby irrevocably and unconditionally transfers and assigns to Applitools all intellectual property rights in such Feedback and waives any and all moral rights that Licensee may have in respect thereto. It is further understood that use of Feedback, if any, may be made by Applitools at its sole discretion, and that Applitools in no way shall be obliged to make use of any kind of the Feedback or part thereof. \n1. Warranty. Applitools warrants that to its knowledge it has the right to grant the license under this Agreement. Applitools’ sole liability for any breach of this warranty or any other warranty under this Agreement shall be, at Applitools’ sole discretion: (i) to replace or repair the Software or the applicable portion thereof; or (ii) to terminate this Agreement.\n2. Warranty Exclusions. The warranties set forth in Section ‎4 are contingent upon Licensee’s proper use of the Software, and shall not apply to damage caused by abuse, misuse, alteration, neglect or unauthorized repair or installation, or by the use or attempted use of Software other than that supplied and supported by Applitools. Applitools will use reasonable commercial efforts to repair or replace the Software or the applicable portion thereof, pursuant to the foregoing warranty within thirty (30) days of being so notified.\n1. Warranty Disclaimers. AS BETWEEN LICENSEE AND APPLITOOLS, EXCEPT AS SET IN SECTION ‎4, THE SOFTWARE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND INCLUDING, WITHOUT LIMITATION, REPRESENTATIONS, WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR INTENDED OR PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, THAT THE SOFTWARE WILL MEET LICENSEE’S REQUIREMENTS OR EXPECTATIONS OR WILL ACHIEVE ANY SPECIFIC RESULTS AND THOSE ARISING BY STATUTE OR FROM A COURSE OF DEALING OR USAGE OF TRADE. Applicable law may not allow the exclusion of certain warranties, so to that extent such exclusions may not apply.\n1. High Risk Activities. You acknowledge that the Software is not fault tolerant and is not designed, manufactured, or intended for use or resale as on-line control equipment in hazardous or high risk environments and activities requiring fail-safe performance (such as in the operation of nuclear facilities, aircraft navigation or communication systems, air traffic control, direct life support machines and/or devices, or weapons systems) in which the failure of the Software could lead directly to death, personal injury, or severe physical or environmental damage, and You agree not to use or allow the use of the Software or any portion thereof for, or in connection with, any such environment or activity.\n1. Indemnify. You agree that Applitools shall have no liability whatsoever for any use made of the Software by You or any third party. You hereby agree to defend, indemnify and hold harmless Applitools and its affiliates and their respective officers, directors, agents and employees from any and all claims, damages, liabilities, costs, and expenses (including attorney’s fees) arising from claims related to Your use of the Software as well as from Your failure to comply with this Agreement.\n1. Limitation of Liability. UNDER NO CIRCUMSTANCES SHALL APPLITOOLS AND/OR ITS AFFILIATES BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, OR FOR ANY LOSS OF DATA, REVENUE, BUSINESS OR REPUTATION, THAT ARISES UNDER OR IN CONNECTION WITH THIS AGREEMENT, OR THAT RESULTS FROM THE USE OF, OR THE INABILITY TO USE, THE SOFTWARE. APPLITOOLS’S TOTAL AGGREGATE LIABILITY FOR ANY AND ALL DIRECT DAMAGES AND LOSSES THAT ARISE UNDER OR IN CONNECTION WITH THIS AGREEMENT SHALL NOT IN ANY CIRCUMSTANCE EXCEED THE AMOUNT OF 100.00 (ONE HUNDRED) UNITED STATES DOLLARS. THE FOREGOING LIMITATIONS AND EXCLUSIONS IN THIS SECTION ‎7 SHALL APPLY: (I) EVEN IF APPLITOOLS HAS BEEN ADVISED OF THE POSSIBILITY OF ANY DAMAGES OR LOSSES; (II) EVEN IF ANY REMEDY SET FORTH HEREIN FAILS OF ITS ESSENTIAL PURPOSE; AND (III) REGARDLESS OF THE BASIS OR THEORY OF LIABILITY.\n1. Export Laws. Licensee agrees to comply fully with all U.S., EU, Israeli, and all applicable export laws and regulations to ensure that neither the Software nor any technical data related thereto are exported or re-exported directly or indirectly in violation of, or used for any purposes prohibited by, such laws and regulations. For clarity, and without derogating from Section ‎11 below, in case of any change of any applicable law, policy or regulation, which might affect Applitools’ business, Applitools will have the right to terminate this Agreement and the license granted hereunder and the Licensee shall have no claims regarding such termination. \n1. Term and Termination. This Agreement shall continue until terminated as set forth in this section (the “Term”). You may terminate this Agreement at any time by removing the Software from Your system and destroying all copies of the Software and Documentation relating to the Software. Unauthorized copying of the Software or otherwise failing to comply with this Agreement will result in automatic immediate termination of this Agreement and will make available to Applitools legal remedies. Applitools reserves the right to terminate this Agreement and the License at any time and without notice. Upon termination of this Agreement, the License will terminate and You: (i) will cease any and all rights to use the Software, and (ii) will remove the Software from all hard drives, networks and other storage media and destroy all copies of the Software in your possession or under your control. The provisions of Sections ‎2.3, ‎2.4, ‎2.5, ‎6, ‎7, ‎8, ‎9, 10, ‎11 and ‎12 shall survive the termination, expiration or other ending of this Agreement.\n1. Miscellaneous. This Agreement represents the complete agreement concerning the Software between You and Applitools and supersedes all prior agreements and representations between You and Applitools. If any provision of this Agreement is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable. Any waiver of any provision of this Agreement will be effective only if in writing and signed by Applitools. This Agreement is personal to You and may not be assigned or transferred for any reason whatsoever without the consent of Applitools and any action or conduct in violation of the foregoing shall be void and without effect. Applitools expressly reserves the right to assign this Agreement and to delegate any of its obligations hereunder. This Agreement are governed by and construed under the laws of the State of Israel, excluding its conflicts of law rules. You expressly agree that the exclusive jurisdiction for any claim or action arising out of or relating to this Agreement shall be the courts located in Tel Aviv, Israel, and You further agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action. In any action or proceeding to enforce rights under this Agreement, the prevailing party shall be entitled to recover costs and attorneys’ 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BY INSTALLING, ACCESSING AND/OR USING THE SOFTWARE (AS DEFINED BELOW), YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOU, OR THE COMPANY YOU REPRESENT, (“YOU” OR “LICENSEE”) ARE ENTERING INTO A LEGAL AGREEMENT WITH APPLITOOLS LTD. AND ITS AFFILIATES (“APPLITOOLS”), AND HAVE UNDERSTOOD AND AGREE TO COMPLY WITH, AND BE LEGALLY BOUND BY, THE TERMS AND CONDITIONS OF THIS AGREEMENT. YOU HEREBY WAIVE ANY RIGHTS OR REQUIREMENTS UNDER ANY LAWS OR REGULATIONS IN ANY JURISDICTION WHICH REQUIRE AN ORIGINAL (NON-ELECTRONIC) SIGNATURE OR DELIVERY OR RETENTION OF NON-ELECTRONIC RECORDS, TO THE EXTENT PERMITTED UNDER APPLICABLE LAW. \nTHE SOFTWARE MAY BE USED SOLELY FOR YOUR PERSONAL, NON-COMMERCIAL PURPOSES. FOR COMMERCIAL PURPOSES PLEASE CONTACT THE REGIONAL APPLITOOLS BUSINESS REPRESENTATIVE. \n1. Definitions. For purposes of this Agreement, the following capitalized terms shall have the following meaning:\n   1. “Documentation” means the user’s guides and technical manuals delivered by Applitools to Licensee.\n   2.  “Feedback” means suggestions, comments or feedback (whether orally or in writing) with respect to the Software.\n   3. “Intellectual Property Rights” means all intangible legal rights, titles and interests evidenced by or embodied in all: (i) inventions (regardless of patentability and whether or not reduced to practice), improvements thereto, patents, patent applications, patent disclosures, together with all reissuances, continuations, continuations in part, revisions, extensions and reexaminations thereof; (ii) trademarks, service marks, trade dress, logos, trade names, corporate names, together with translations, adaptations, derivations and combinations thereof, including goodwill associated therewith, and applications, registrations, and renewals in connection therewith; (iii) any work of authorship, regardless of copyrightable, copyrightable works, copyrights (including moral rights), and applications, registrations and renewals in connection therewith; (iv) mask works and applications, registrations and renewals in connection therewith; (v) trade secrets and Confidential Information; and (vi) other proprietary rights and any other similar rights, in each case on a worldwide basis, and copies and tangible embodiments thereof, in whatever form or medium.\n   4. “License” means the right to use the Software pursuant to Section ‎2.1 to this Agreement.\n   5.  “Software” means Applitools’ software development kit software in object or source code version, Documentation and any updates and upgrade thereto (to the extent delivered).\n1. License\n   1. Grant of License. Subject to the terms and conditions of this Agreement, Applitools grants You, during the Term, a personal, non-exclusive, non-sublicensable, non-transferable, revocable license to: (i) use the Software solely for Your own personal (non-commercial) use and (ii) use and display Applitools’ Marks solely for the purpose of publicizing or advertising that You are using the Software. \n   2. Documentation. Applitools may make available Documentation to Licensee for Licensee to use solely in connection with Licensee’s use of the Software during the term of this Agreement. Licensee may print or copy the Documentation as needed for its own purposes provided that all copyright notices are included therein. The Documentation shall be considered the Confidential Information of Applitools. \n   1. Reservation of Rights; Use Restrictions. Other than the rights explicitly granted in this Agreement, Licensee shall have no other rights, express or implied, in the Software. Without limiting the generality of the foregoing, Licensee agrees and undertakes not to: (i) allow any third party to use the Software in any manner, including but not limited to, sell, lease, sublicense or distribute the Software, or any part thereof; (ii) modify, revise, or alter the Software or reverse engineer, decompile, disassemble or otherwise reduce to human-perceivable form the Software’s source code; (iii) copy or allow copies of the Software to be made; (iv) remove, alter or obscure any proprietary notice or identification, including copyright, trademark, patent or other notices, contained in or displayed on or via the Software; (v) use the Software to violate any applicable laws, rules or regulations, or for any unlawful, harmful, irresponsible, or inappropriate purpose, or in any manner that breaches this Agreement, and/or (vi) represent that it possesses any proprietary interest in the Software.\n   1. Third Party Software. Licensee acknowledges and agrees that any third party software (“Third Party Software”) that provided with the Software is provided under the terms of the license attached/linked thereto or, if no such license is attached, such Third Party Software is provided for free and on “AS IS” basis. Applitools is not liable for any losses or damages which may occur resulting from the use of any Third Party Software. Applitools does not possess any proprietary interest in such Third Party Software. \n   1. Open Source Licenses. The Software includes certain open source code software and materials (as shall be listed in the documentation of the Software) (“Open Source Software”) that are subject to their respective open source licenses (“Open Source Licenses”). Such Open Source Licenses contain a list of conditions with respect to warranty, copyright policy and other provisions. By executing this Agreement, Licensee undertakes to strictly comply with the terms and condition of the Open Source Licenses, as may be amended from time to time. In order to comply with the Open Source Licenses, Licensee shall read the respective licenses or notices, such list of Open Source Licenses may be amended from time to time by Applitools, at its sole discretion. In the event of any inconsistencies or conflicting provisions between the provisions of the Open Source Licenses and the provisions of this Agreement, the provisions of the Open Source Licenses shall prevail. Without derogating from the generality of the foregoing, it is clarified that any Open Source Software is provided on an “AS IS” basis, without indemnity or warranty of any kind, whether express or implied. For clarity, the representations and warranties set forth in Section ‎4 hereunder shall not apply to any Open Source Software.\n1. Title & Ownership. APPLITOOLS DOES NOT SELL OR TRANSFER TITLE IN THE SOFTWARE, OR ANY PART THEREOF, TO LICENSEE. The Documentation, Software (excluding any Open Source Software and Third Party Software therein which are owned by their respective licensors) and/or any copies thereof, including without limitation any derivative works made (regardless of whether such derivative works were made and/or developed pursuant to the request and/or specifications of Licensee, and irrespective of any support and/or assistance Applitools may, will or had received from Licensee, or any third party on its behalf, with respect thereto), as well as any updates or upgrades thereto, if provided to Applitools pursuant to this Agreement, shall remain Applitools’ sole and exclusive property. All Intellectual Property Rights evidenced by or embodied in and/or attached/connected/related to the Software, or part thereof, are and shall be owned solely and exclusively by Applitools. Nothing in this Agreement shall constitute a waiver of Applitools’ Intellectual Property Rights under any law, or be in any way construed or interpreted as such. It is further agreed that to the extent Licensee provides Applitools with Feedback, Licensee acknowledges that any and all rights, including Intellectual Property Rights in such Feedback shall belong exclusively to Applitools and Licensee hereby irrevocably and unconditionally transfers and assigns to Applitools all intellectual property rights in such Feedback and waives any and all moral rights that Licensee may have in respect thereto. It is further understood that use of Feedback, if any, may be made by Applitools at its sole discretion, and that Applitools in no way shall be obliged to make use of any kind of the Feedback or part thereof. \n1. Warranty. Applitools warrants that to its knowledge it has the right to grant the license under this Agreement. Applitools’ sole liability for any breach of this warranty or any other warranty under this Agreement shall be, at Applitools’ sole discretion: (i) to replace or repair the Software or the applicable portion thereof; or (ii) to terminate this Agreement.\n2. Warranty Exclusions. The warranties set forth in Section ‎4 are contingent upon Licensee’s proper use of the Software, and shall not apply to damage caused by abuse, misuse, alteration, neglect or unauthorized repair or installation, or by the use or attempted use of Software other than that supplied and supported by Applitools. Applitools will use reasonable commercial efforts to repair or replace the Software or the applicable portion thereof, pursuant to the foregoing warranty within thirty (30) days of being so notified.\n1. Warranty Disclaimers. AS BETWEEN LICENSEE AND APPLITOOLS, EXCEPT AS SET IN SECTION ‎4, THE SOFTWARE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND INCLUDING, WITHOUT LIMITATION, REPRESENTATIONS, WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR INTENDED OR PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, THAT THE SOFTWARE WILL MEET LICENSEE’S REQUIREMENTS OR EXPECTATIONS OR WILL ACHIEVE ANY SPECIFIC RESULTS AND THOSE ARISING BY STATUTE OR FROM A COURSE OF DEALING OR USAGE OF TRADE. Applicable law may not allow the exclusion of certain warranties, so to that extent such exclusions may not apply.\n1. High Risk Activities. You acknowledge that the Software is not fault tolerant and is not designed, manufactured, or intended for use or resale as on-line control equipment in hazardous or high risk environments and activities requiring fail-safe performance (such as in the operation of nuclear facilities, aircraft navigation or communication systems, air traffic control, direct life support machines and/or devices, or weapons systems) in which the failure of the Software could lead directly to death, personal injury, or severe physical or environmental damage, and You agree not to use or allow the use of the Software or any portion thereof for, or in connection with, any such environment or activity.\n1. Indemnify. You agree that Applitools shall have no liability whatsoever for any use made of the Software by You or any third party. You hereby agree to defend, indemnify and hold harmless Applitools and its affiliates and their respective officers, directors, agents and employees from any and all claims, damages, liabilities, costs, and expenses (including attorney’s fees) arising from claims related to Your use of the Software as well as from Your failure to comply with this Agreement.\n1. Limitation of Liability. UNDER NO CIRCUMSTANCES SHALL APPLITOOLS AND/OR ITS AFFILIATES BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, OR FOR ANY LOSS OF DATA, REVENUE, BUSINESS OR REPUTATION, THAT ARISES UNDER OR IN CONNECTION WITH THIS AGREEMENT, OR THAT RESULTS FROM THE USE OF, OR THE INABILITY TO USE, THE SOFTWARE. APPLITOOLS’S TOTAL AGGREGATE LIABILITY FOR ANY AND ALL DIRECT DAMAGES AND LOSSES THAT ARISE UNDER OR IN CONNECTION WITH THIS AGREEMENT SHALL NOT IN ANY CIRCUMSTANCE EXCEED THE AMOUNT OF 100.00 (ONE HUNDRED) UNITED STATES DOLLARS. THE FOREGOING LIMITATIONS AND EXCLUSIONS IN THIS SECTION ‎7 SHALL APPLY: (I) EVEN IF APPLITOOLS HAS BEEN ADVISED OF THE POSSIBILITY OF ANY DAMAGES OR LOSSES; (II) EVEN IF ANY REMEDY SET FORTH HEREIN FAILS OF ITS ESSENTIAL PURPOSE; AND (III) REGARDLESS OF THE BASIS OR THEORY OF LIABILITY.\n1. Export Laws. Licensee agrees to comply fully with all U.S., EU, Israeli, and all applicable export laws and regulations to ensure that neither the Software nor any technical data related thereto are exported or re-exported directly or indirectly in violation of, or used for any purposes prohibited by, such laws and regulations. For clarity, and without derogating from Section ‎11 below, in case of any change of any applicable law, policy or regulation, which might affect Applitools’ business, Applitools will have the right to terminate this Agreement and the license granted hereunder and the Licensee shall have no claims regarding such termination. \n1. Term and Termination. This Agreement shall continue until terminated as set forth in this section (the “Term”). You may terminate this Agreement at any time by removing the Software from Your system and destroying all copies of the Software and Documentation relating to the Software. Unauthorized copying of the Software or otherwise failing to comply with this Agreement will result in automatic immediate termination of this Agreement and will make available to Applitools legal remedies. Applitools reserves the right to terminate this Agreement and the License at any time and without notice. Upon termination of this Agreement, the License will terminate and You: (i) will cease any and all rights to use the Software, and (ii) will remove the Software from all hard drives, networks and other storage media and destroy all copies of the Software in your possession or under your control. The provisions of Sections ‎2.3, ‎2.4, ‎2.5, ‎6, ‎7, ‎8, ‎9, 10, ‎11 and ‎12 shall survive the termination, expiration or other ending of this Agreement.\n1. Miscellaneous. This Agreement represents the complete agreement concerning the Software between You and Applitools and supersedes all prior agreements and representations between You and Applitools. If any provision of this Agreement is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable. Any waiver of any provision of this Agreement will be effective only if in writing and signed by Applitools. This Agreement is personal to You and may not be assigned or transferred for any reason whatsoever without the consent of Applitools and any action or conduct in violation of the foregoing shall be void and without effect. Applitools expressly reserves the right to assign this Agreement and to delegate any of its obligations hereunder. This Agreement are governed by and construed under the laws of the State of Israel, excluding its conflicts of law rules. You expressly agree that the exclusive jurisdiction for any claim or action arising out of or relating to this Agreement shall be the courts located in Tel Aviv, Israel, and You further agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action. In any action or proceeding to enforce rights under this Agreement, the prevailing party shall be entitled to recover costs and attorneys’ 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BY INSTALLING, ACCESSING AND/OR USING THE SOFTWARE (AS DEFINED BELOW), YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOU, OR THE COMPANY YOU REPRESENT, (“YOU” OR “LICENSEE”) ARE ENTERING INTO A LEGAL AGREEMENT WITH APPLITOOLS LTD. AND ITS AFFILIATES (“APPLITOOLS”), AND HAVE UNDERSTOOD AND AGREE TO COMPLY WITH, AND BE LEGALLY BOUND BY, THE TERMS AND CONDITIONS OF THIS AGREEMENT. YOU HEREBY WAIVE ANY RIGHTS OR REQUIREMENTS UNDER ANY LAWS OR REGULATIONS IN ANY JURISDICTION WHICH REQUIRE AN ORIGINAL (NON-ELECTRONIC) SIGNATURE OR DELIVERY OR RETENTION OF NON-ELECTRONIC RECORDS, TO THE EXTENT PERMITTED UNDER APPLICABLE LAW. \nTHE SOFTWARE MAY BE USED SOLELY FOR YOUR PERSONAL, NON-COMMERCIAL PURPOSES. FOR COMMERCIAL PURPOSES PLEASE CONTACT THE REGIONAL APPLITOOLS BUSINESS REPRESENTATIVE. \n1. Definitions. For purposes of this Agreement, the following capitalized terms shall have the following meaning:\n   1. “Documentation” means the user’s guides and technical manuals delivered by Applitools to Licensee.\n   2.  “Feedback” means suggestions, comments or feedback (whether orally or in writing) with respect to the Software.\n   3. “Intellectual Property Rights” means all intangible legal rights, titles and interests evidenced by or embodied in all: (i) inventions (regardless of patentability and whether or not reduced to practice), improvements thereto, patents, patent applications, patent disclosures, together with all reissuances, continuations, continuations in part, revisions, extensions and reexaminations thereof; (ii) trademarks, service marks, trade dress, logos, trade names, corporate names, together with translations, adaptations, derivations and combinations thereof, including goodwill associated therewith, and applications, registrations, and renewals in connection therewith; (iii) any work of authorship, regardless of copyrightable, copyrightable works, copyrights (including moral rights), and applications, registrations and renewals in connection therewith; (iv) mask works and applications, registrations and renewals in connection therewith; (v) trade secrets and Confidential Information; and (vi) other proprietary rights and any other similar rights, in each case on a worldwide basis, and copies and tangible embodiments thereof, in whatever form or medium.\n   4. “License” means the right to use the Software pursuant to Section ‎2.1 to this Agreement.\n   5.  “Software” means Applitools’ software development kit software in object or source code version, Documentation and any updates and upgrade thereto (to the extent delivered).\n1. License\n   1. Grant of License. Subject to the terms and conditions of this Agreement, Applitools grants You, during the Term, a personal, non-exclusive, non-sublicensable, non-transferable, revocable license to: (i) use the Software solely for Your own personal (non-commercial) use and (ii) use and display Applitools’ Marks solely for the purpose of publicizing or advertising that You are using the Software. \n   2. Documentation. Applitools may make available Documentation to Licensee for Licensee to use solely in connection with Licensee’s use of the Software during the term of this Agreement. Licensee may print or copy the Documentation as needed for its own purposes provided that all copyright notices are included therein. The Documentation shall be considered the Confidential Information of Applitools. \n   1. Reservation of Rights; Use Restrictions. Other than the rights explicitly granted in this Agreement, Licensee shall have no other rights, express or implied, in the Software. Without limiting the generality of the foregoing, Licensee agrees and undertakes not to: (i) allow any third party to use the Software in any manner, including but not limited to, sell, lease, sublicense or distribute the Software, or any part thereof; (ii) modify, revise, or alter the Software or reverse engineer, decompile, disassemble or otherwise reduce to human-perceivable form the Software’s source code; (iii) copy or allow copies of the Software to be made; (iv) remove, alter or obscure any proprietary notice or identification, including copyright, trademark, patent or other notices, contained in or displayed on or via the Software; (v) use the Software to violate any applicable laws, rules or regulations, or for any unlawful, harmful, irresponsible, or inappropriate purpose, or in any manner that breaches this Agreement, and/or (vi) represent that it possesses any proprietary interest in the Software.\n   1. Third Party Software. Licensee acknowledges and agrees that any third party software (“Third Party Software”) that provided with the Software is provided under the terms of the license attached/linked thereto or, if no such license is attached, such Third Party Software is provided for free and on “AS IS” basis. Applitools is not liable for any losses or damages which may occur resulting from the use of any Third Party Software. Applitools does not possess any proprietary interest in such Third Party Software. \n   1. Open Source Licenses. The Software includes certain open source code software and materials (as shall be listed in the documentation of the Software) (“Open Source Software”) that are subject to their respective open source licenses (“Open Source Licenses”). Such Open Source Licenses contain a list of conditions with respect to warranty, copyright policy and other provisions. By executing this Agreement, Licensee undertakes to strictly comply with the terms and condition of the Open Source Licenses, as may be amended from time to time. In order to comply with the Open Source Licenses, Licensee shall read the respective licenses or notices, such list of Open Source Licenses may be amended from time to time by Applitools, at its sole discretion. In the event of any inconsistencies or conflicting provisions between the provisions of the Open Source Licenses and the provisions of this Agreement, the provisions of the Open Source Licenses shall prevail. Without derogating from the generality of the foregoing, it is clarified that any Open Source Software is provided on an “AS IS” basis, without indemnity or warranty of any kind, whether express or implied. For clarity, the representations and warranties set forth in Section ‎4 hereunder shall not apply to any Open Source Software.\n1. Title & Ownership. APPLITOOLS DOES NOT SELL OR TRANSFER TITLE IN THE SOFTWARE, OR ANY PART THEREOF, TO LICENSEE. The Documentation, Software (excluding any Open Source Software and Third Party Software therein which are owned by their respective licensors) and/or any copies thereof, including without limitation any derivative works made (regardless of whether such derivative works were made and/or developed pursuant to the request and/or specifications of Licensee, and irrespective of any support and/or assistance Applitools may, will or had received from Licensee, or any third party on its behalf, with respect thereto), as well as any updates or upgrades thereto, if provided to Applitools pursuant to this Agreement, shall remain Applitools’ sole and exclusive property. All Intellectual Property Rights evidenced by or embodied in and/or attached/connected/related to the Software, or part thereof, are and shall be owned solely and exclusively by Applitools. Nothing in this Agreement shall constitute a waiver of Applitools’ Intellectual Property Rights under any law, or be in any way construed or interpreted as such. It is further agreed that to the extent Licensee provides Applitools with Feedback, Licensee acknowledges that any and all rights, including Intellectual Property Rights in such Feedback shall belong exclusively to Applitools and Licensee hereby irrevocably and unconditionally transfers and assigns to Applitools all intellectual property rights in such Feedback and waives any and all moral rights that Licensee may have in respect thereto. It is further understood that use of Feedback, if any, may be made by Applitools at its sole discretion, and that Applitools in no way shall be obliged to make use of any kind of the Feedback or part thereof. \n1. Warranty. Applitools warrants that to its knowledge it has the right to grant the license under this Agreement. Applitools’ sole liability for any breach of this warranty or any other warranty under this Agreement shall be, at Applitools’ sole discretion: (i) to replace or repair the Software or the applicable portion thereof; or (ii) to terminate this Agreement.\n2. Warranty Exclusions. The warranties set forth in Section ‎4 are contingent upon Licensee’s proper use of the Software, and shall not apply to damage caused by abuse, misuse, alteration, neglect or unauthorized repair or installation, or by the use or attempted use of Software other than that supplied and supported by Applitools. Applitools will use reasonable commercial efforts to repair or replace the Software or the applicable portion thereof, pursuant to the foregoing warranty within thirty (30) days of being so notified.\n1. Warranty Disclaimers. AS BETWEEN LICENSEE AND APPLITOOLS, EXCEPT AS SET IN SECTION ‎4, THE SOFTWARE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND INCLUDING, WITHOUT LIMITATION, REPRESENTATIONS, WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR INTENDED OR PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, THAT THE SOFTWARE WILL MEET LICENSEE’S REQUIREMENTS OR EXPECTATIONS OR WILL ACHIEVE ANY SPECIFIC RESULTS AND THOSE ARISING BY STATUTE OR FROM A COURSE OF DEALING OR USAGE OF TRADE. Applicable law may not allow the exclusion of certain warranties, so to that extent such exclusions may not apply.\n1. High Risk Activities. You acknowledge that the Software is not fault tolerant and is not designed, manufactured, or intended for use or resale as on-line control equipment in hazardous or high risk environments and activities requiring fail-safe performance (such as in the operation of nuclear facilities, aircraft navigation or communication systems, air traffic control, direct life support machines and/or devices, or weapons systems) in which the failure of the Software could lead directly to death, personal injury, or severe physical or environmental damage, and You agree not to use or allow the use of the Software or any portion thereof for, or in connection with, any such environment or activity.\n1. Indemnify. You agree that Applitools shall have no liability whatsoever for any use made of the Software by You or any third party. You hereby agree to defend, indemnify and hold harmless Applitools and its affiliates and their respective officers, directors, agents and employees from any and all claims, damages, liabilities, costs, and expenses (including attorney’s fees) arising from claims related to Your use of the Software as well as from Your failure to comply with this Agreement.\n1. Limitation of Liability. UNDER NO CIRCUMSTANCES SHALL APPLITOOLS AND/OR ITS AFFILIATES BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, OR FOR ANY LOSS OF DATA, REVENUE, BUSINESS OR REPUTATION, THAT ARISES UNDER OR IN CONNECTION WITH THIS AGREEMENT, OR THAT RESULTS FROM THE USE OF, OR THE INABILITY TO USE, THE SOFTWARE. APPLITOOLS’S TOTAL AGGREGATE LIABILITY FOR ANY AND ALL DIRECT DAMAGES AND LOSSES THAT ARISE UNDER OR IN CONNECTION WITH THIS AGREEMENT SHALL NOT IN ANY CIRCUMSTANCE EXCEED THE AMOUNT OF 100.00 (ONE HUNDRED) UNITED STATES DOLLARS. THE FOREGOING LIMITATIONS AND EXCLUSIONS IN THIS SECTION ‎7 SHALL APPLY: (I) EVEN IF APPLITOOLS HAS BEEN ADVISED OF THE POSSIBILITY OF ANY DAMAGES OR LOSSES; (II) EVEN IF ANY REMEDY SET FORTH HEREIN FAILS OF ITS ESSENTIAL PURPOSE; AND (III) REGARDLESS OF THE BASIS OR THEORY OF LIABILITY.\n1. Export Laws. Licensee agrees to comply fully with all U.S., EU, Israeli, and all applicable export laws and regulations to ensure that neither the Software nor any technical data related thereto are exported or re-exported directly or indirectly in violation of, or used for any purposes prohibited by, such laws and regulations. For clarity, and without derogating from Section ‎11 below, in case of any change of any applicable law, policy or regulation, which might affect Applitools’ business, Applitools will have the right to terminate this Agreement and the license granted hereunder and the Licensee shall have no claims regarding such termination. \n1. Term and Termination. This Agreement shall continue until terminated as set forth in this section (the “Term”). You may terminate this Agreement at any time by removing the Software from Your system and destroying all copies of the Software and Documentation relating to the Software. Unauthorized copying of the Software or otherwise failing to comply with this Agreement will result in automatic immediate termination of this Agreement and will make available to Applitools legal remedies. Applitools reserves the right to terminate this Agreement and the License at any time and without notice. Upon termination of this Agreement, the License will terminate and You: (i) will cease any and all rights to use the Software, and (ii) will remove the Software from all hard drives, networks and other storage media and destroy all copies of the Software in your possession or under your control. The provisions of Sections ‎2.3, ‎2.4, ‎2.5, ‎6, ‎7, ‎8, ‎9, 10, ‎11 and ‎12 shall survive the termination, expiration or other ending of this Agreement.\n1. Miscellaneous. This Agreement represents the complete agreement concerning the Software between You and Applitools and supersedes all prior agreements and representations between You and Applitools. If any provision of this Agreement is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable. Any waiver of any provision of this Agreement will be effective only if in writing and signed by Applitools. This Agreement is personal to You and may not be assigned or transferred for any reason whatsoever without the consent of Applitools and any action or conduct in violation of the foregoing shall be void and without effect. Applitools expressly reserves the right to assign this Agreement and to delegate any of its obligations hereunder. This Agreement are governed by and construed under the laws of the State of Israel, excluding its conflicts of law rules. You expressly agree that the exclusive jurisdiction for any claim or action arising out of or relating to this Agreement shall be the courts located in Tel Aviv, Israel, and You further agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action. 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BY INSTALLING, ACCESSING AND/OR USING THE SOFTWARE (AS DEFINED BELOW), YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOU, OR THE COMPANY YOU REPRESENT, (“YOU” OR “LICENSEE”) ARE ENTERING INTO A LEGAL AGREEMENT WITH APPLITOOLS LTD. AND ITS AFFILIATES (“APPLITOOLS”), AND HAVE UNDERSTOOD AND AGREE TO COMPLY WITH, AND BE LEGALLY BOUND BY, THE TERMS AND CONDITIONS OF THIS AGREEMENT. YOU HEREBY WAIVE ANY RIGHTS OR REQUIREMENTS UNDER ANY LAWS OR REGULATIONS IN ANY JURISDICTION WHICH REQUIRE AN ORIGINAL (NON-ELECTRONIC) SIGNATURE OR DELIVERY OR RETENTION OF NON-ELECTRONIC RECORDS, TO THE EXTENT PERMITTED UNDER APPLICABLE LAW. \nTHE SOFTWARE MAY BE USED SOLELY FOR YOUR PERSONAL, NON-COMMERCIAL PURPOSES. FOR COMMERCIAL PURPOSES PLEASE CONTACT THE REGIONAL APPLITOOLS BUSINESS REPRESENTATIVE. \n1. Definitions. For purposes of this Agreement, the following capitalized terms shall have the following meaning:\n   1. “Documentation” means the user’s guides and technical manuals delivered by Applitools to Licensee.\n   2.  “Feedback” means suggestions, comments or feedback (whether orally or in writing) with respect to the Software.\n   3. “Intellectual Property Rights” means all intangible legal rights, titles and interests evidenced by or embodied in all: (i) inventions (regardless of patentability and whether or not reduced to practice), improvements thereto, patents, patent applications, patent disclosures, together with all reissuances, continuations, continuations in part, revisions, extensions and reexaminations thereof; (ii) trademarks, service marks, trade dress, logos, trade names, corporate names, together with translations, adaptations, derivations and combinations thereof, including goodwill associated therewith, and applications, registrations, and renewals in connection therewith; (iii) any work of authorship, regardless of copyrightable, copyrightable works, copyrights (including moral rights), and applications, registrations and renewals in connection therewith; (iv) mask works and applications, registrations and renewals in connection therewith; (v) trade secrets and Confidential Information; and (vi) other proprietary rights and any other similar rights, in each case on a worldwide basis, and copies and tangible embodiments thereof, in whatever form or medium.\n   4. “License” means the right to use the Software pursuant to Section ‎2.1 to this Agreement.\n   5.  “Software” means Applitools’ software development kit software in object or source code version, Documentation and any updates and upgrade thereto (to the extent delivered).\n1. License\n   1. Grant of License. Subject to the terms and conditions of this Agreement, Applitools grants You, during the Term, a personal, non-exclusive, non-sublicensable, non-transferable, revocable license to: (i) use the Software solely for Your own personal (non-commercial) use and (ii) use and display Applitools’ Marks solely for the purpose of publicizing or advertising that You are using the Software. \n   2. Documentation. Applitools may make available Documentation to Licensee for Licensee to use solely in connection with Licensee’s use of the Software during the term of this Agreement. Licensee may print or copy the Documentation as needed for its own purposes provided that all copyright notices are included therein. The Documentation shall be considered the Confidential Information of Applitools. \n   1. Reservation of Rights; Use Restrictions. Other than the rights explicitly granted in this Agreement, Licensee shall have no other rights, express or implied, in the Software. Without limiting the generality of the foregoing, Licensee agrees and undertakes not to: (i) allow any third party to use the Software in any manner, including but not limited to, sell, lease, sublicense or distribute the Software, or any part thereof; (ii) modify, revise, or alter the Software or reverse engineer, decompile, disassemble or otherwise reduce to human-perceivable form the Software’s source code; (iii) copy or allow copies of the Software to be made; (iv) remove, alter or obscure any proprietary notice or identification, including copyright, trademark, patent or other notices, contained in or displayed on or via the Software; (v) use the Software to violate any applicable laws, rules or regulations, or for any unlawful, harmful, irresponsible, or inappropriate purpose, or in any manner that breaches this Agreement, and/or (vi) represent that it possesses any proprietary interest in the Software.\n   1. Third Party Software. Licensee acknowledges and agrees that any third party software (“Third Party Software”) that provided with the Software is provided under the terms of the license attached/linked thereto or, if no such license is attached, such Third Party Software is provided for free and on “AS IS” basis. Applitools is not liable for any losses or damages which may occur resulting from the use of any Third Party Software. Applitools does not possess any proprietary interest in such Third Party Software. \n   1. Open Source Licenses. The Software includes certain open source code software and materials (as shall be listed in the documentation of the Software) (“Open Source Software”) that are subject to their respective open source licenses (“Open Source Licenses”). Such Open Source Licenses contain a list of conditions with respect to warranty, copyright policy and other provisions. By executing this Agreement, Licensee undertakes to strictly comply with the terms and condition of the Open Source Licenses, as may be amended from time to time. In order to comply with the Open Source Licenses, Licensee shall read the respective licenses or notices, such list of Open Source Licenses may be amended from time to time by Applitools, at its sole discretion. In the event of any inconsistencies or conflicting provisions between the provisions of the Open Source Licenses and the provisions of this Agreement, the provisions of the Open Source Licenses shall prevail. Without derogating from the generality of the foregoing, it is clarified that any Open Source Software is provided on an “AS IS” basis, without indemnity or warranty of any kind, whether express or implied. For clarity, the representations and warranties set forth in Section ‎4 hereunder shall not apply to any Open Source Software.\n1. Title & Ownership. APPLITOOLS DOES NOT SELL OR TRANSFER TITLE IN THE SOFTWARE, OR ANY PART THEREOF, TO LICENSEE. The Documentation, Software (excluding any Open Source Software and Third Party Software therein which are owned by their respective licensors) and/or any copies thereof, including without limitation any derivative works made (regardless of whether such derivative works were made and/or developed pursuant to the request and/or specifications of Licensee, and irrespective of any support and/or assistance Applitools may, will or had received from Licensee, or any third party on its behalf, with respect thereto), as well as any updates or upgrades thereto, if provided to Applitools pursuant to this Agreement, shall remain Applitools’ sole and exclusive property. All Intellectual Property Rights evidenced by or embodied in and/or attached/connected/related to the Software, or part thereof, are and shall be owned solely and exclusively by Applitools. Nothing in this Agreement shall constitute a waiver of Applitools’ Intellectual Property Rights under any law, or be in any way construed or interpreted as such. It is further agreed that to the extent Licensee provides Applitools with Feedback, Licensee acknowledges that any and all rights, including Intellectual Property Rights in such Feedback shall belong exclusively to Applitools and Licensee hereby irrevocably and unconditionally transfers and assigns to Applitools all intellectual property rights in such Feedback and waives any and all moral rights that Licensee may have in respect thereto. It is further understood that use of Feedback, if any, may be made by Applitools at its sole discretion, and that Applitools in no way shall be obliged to make use of any kind of the Feedback or part thereof. \n1. Warranty. Applitools warrants that to its knowledge it has the right to grant the license under this Agreement. Applitools’ sole liability for any breach of this warranty or any other warranty under this Agreement shall be, at Applitools’ sole discretion: (i) to replace or repair the Software or the applicable portion thereof; or (ii) to terminate this Agreement.\n2. Warranty Exclusions. The warranties set forth in Section ‎4 are contingent upon Licensee’s proper use of the Software, and shall not apply to damage caused by abuse, misuse, alteration, neglect or unauthorized repair or installation, or by the use or attempted use of Software other than that supplied and supported by Applitools. Applitools will use reasonable commercial efforts to repair or replace the Software or the applicable portion thereof, pursuant to the foregoing warranty within thirty (30) days of being so notified.\n1. Warranty Disclaimers. AS BETWEEN LICENSEE AND APPLITOOLS, EXCEPT AS SET IN SECTION ‎4, THE SOFTWARE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND INCLUDING, WITHOUT LIMITATION, REPRESENTATIONS, WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR INTENDED OR PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, THAT THE SOFTWARE WILL MEET LICENSEE’S REQUIREMENTS OR EXPECTATIONS OR WILL ACHIEVE ANY SPECIFIC RESULTS AND THOSE ARISING BY STATUTE OR FROM A COURSE OF DEALING OR USAGE OF TRADE. Applicable law may not allow the exclusion of certain warranties, so to that extent such exclusions may not apply.\n1. High Risk Activities. You acknowledge that the Software is not fault tolerant and is not designed, manufactured, or intended for use or resale as on-line control equipment in hazardous or high risk environments and activities requiring fail-safe performance (such as in the operation of nuclear facilities, aircraft navigation or communication systems, air traffic control, direct life support machines and/or devices, or weapons systems) in which the failure of the Software could lead directly to death, personal injury, or severe physical or environmental damage, and You agree not to use or allow the use of the Software or any portion thereof for, or in connection with, any such environment or activity.\n1. Indemnify. You agree that Applitools shall have no liability whatsoever for any use made of the Software by You or any third party. You hereby agree to defend, indemnify and hold harmless Applitools and its affiliates and their respective officers, directors, agents and employees from any and all claims, damages, liabilities, costs, and expenses (including attorney’s fees) arising from claims related to Your use of the Software as well as from Your failure to comply with this Agreement.\n1. Limitation of Liability. UNDER NO CIRCUMSTANCES SHALL APPLITOOLS AND/OR ITS AFFILIATES BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, OR FOR ANY LOSS OF DATA, REVENUE, BUSINESS OR REPUTATION, THAT ARISES UNDER OR IN CONNECTION WITH THIS AGREEMENT, OR THAT RESULTS FROM THE USE OF, OR THE INABILITY TO USE, THE SOFTWARE. APPLITOOLS’S TOTAL AGGREGATE LIABILITY FOR ANY AND ALL DIRECT DAMAGES AND LOSSES THAT ARISE UNDER OR IN CONNECTION WITH THIS AGREEMENT SHALL NOT IN ANY CIRCUMSTANCE EXCEED THE AMOUNT OF 100.00 (ONE HUNDRED) UNITED STATES DOLLARS. THE FOREGOING LIMITATIONS AND EXCLUSIONS IN THIS SECTION ‎7 SHALL APPLY: (I) EVEN IF APPLITOOLS HAS BEEN ADVISED OF THE POSSIBILITY OF ANY DAMAGES OR LOSSES; (II) EVEN IF ANY REMEDY SET FORTH HEREIN FAILS OF ITS ESSENTIAL PURPOSE; AND (III) REGARDLESS OF THE BASIS OR THEORY OF LIABILITY.\n1. Export Laws. Licensee agrees to comply fully with all U.S., EU, Israeli, and all applicable export laws and regulations to ensure that neither the Software nor any technical data related thereto are exported or re-exported directly or indirectly in violation of, or used for any purposes prohibited by, such laws and regulations. For clarity, and without derogating from Section ‎11 below, in case of any change of any applicable law, policy or regulation, which might affect Applitools’ business, Applitools will have the right to terminate this Agreement and the license granted hereunder and the Licensee shall have no claims regarding such termination. \n1. Term and Termination. This Agreement shall continue until terminated as set forth in this section (the “Term”). You may terminate this Agreement at any time by removing the Software from Your system and destroying all copies of the Software and Documentation relating to the Software. Unauthorized copying of the Software or otherwise failing to comply with this Agreement will result in automatic immediate termination of this Agreement and will make available to Applitools legal remedies. Applitools reserves the right to terminate this Agreement and the License at any time and without notice. Upon termination of this Agreement, the License will terminate and You: (i) will cease any and all rights to use the Software, and (ii) will remove the Software from all hard drives, networks and other storage media and destroy all copies of the Software in your possession or under your control. The provisions of Sections ‎2.3, ‎2.4, ‎2.5, ‎6, ‎7, ‎8, ‎9, 10, ‎11 and ‎12 shall survive the termination, expiration or other ending of this Agreement.\n1. Miscellaneous. This Agreement represents the complete agreement concerning the Software between You and Applitools and supersedes all prior agreements and representations between You and Applitools. If any provision of this Agreement is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable. Any waiver of any provision of this Agreement will be effective only if in writing and signed by Applitools. This Agreement is personal to You and may not be assigned or transferred for any reason whatsoever without the consent of Applitools and any action or conduct in violation of the foregoing shall be void and without effect. Applitools expressly reserves the right to assign this Agreement and to delegate any of its obligations hereunder. This Agreement are governed by and construed under the laws of the State of Israel, excluding its conflicts of law rules. You expressly agree that the exclusive jurisdiction for any claim or action arising out of or relating to this Agreement shall be the courts located in Tel Aviv, Israel, and You further agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action. 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BY INSTALLING, ACCESSING AND/OR USING THE SOFTWARE (AS DEFINED BELOW), YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOU, OR THE COMPANY YOU REPRESENT, (“YOU” OR “LICENSEE”) ARE ENTERING INTO A LEGAL AGREEMENT WITH APPLITOOLS LTD. AND ITS AFFILIATES (“APPLITOOLS”), AND HAVE UNDERSTOOD AND AGREE TO COMPLY WITH, AND BE LEGALLY BOUND BY, THE TERMS AND CONDITIONS OF THIS AGREEMENT. YOU HEREBY WAIVE ANY RIGHTS OR REQUIREMENTS UNDER ANY LAWS OR REGULATIONS IN ANY JURISDICTION WHICH REQUIRE AN ORIGINAL (NON-ELECTRONIC) SIGNATURE OR DELIVERY OR RETENTION OF NON-ELECTRONIC RECORDS, TO THE EXTENT PERMITTED UNDER APPLICABLE LAW. \nTHE SOFTWARE MAY BE USED SOLELY FOR YOUR PERSONAL, NON-COMMERCIAL PURPOSES. FOR COMMERCIAL PURPOSES PLEASE CONTACT THE REGIONAL APPLITOOLS BUSINESS REPRESENTATIVE. \n1. Definitions. For purposes of this Agreement, the following capitalized terms shall have the following meaning:\n   1. “Documentation” means the user’s guides and technical manuals delivered by Applitools to Licensee.\n   2.  “Feedback” means suggestions, comments or feedback (whether orally or in writing) with respect to the Software.\n   3. “Intellectual Property Rights” means all intangible legal rights, titles and interests evidenced by or embodied in all: (i) inventions (regardless of patentability and whether or not reduced to practice), improvements thereto, patents, patent applications, patent disclosures, together with all reissuances, continuations, continuations in part, revisions, extensions and reexaminations thereof; (ii) trademarks, service marks, trade dress, logos, trade names, corporate names, together with translations, adaptations, derivations and combinations thereof, including goodwill associated therewith, and applications, registrations, and renewals in connection therewith; (iii) any work of authorship, regardless of copyrightable, copyrightable works, copyrights (including moral rights), and applications, registrations and renewals in connection therewith; (iv) mask works and applications, registrations and renewals in connection therewith; (v) trade secrets and Confidential Information; and (vi) other proprietary rights and any other similar rights, in each case on a worldwide basis, and copies and tangible embodiments thereof, in whatever form or medium.\n   4. “License” means the right to use the Software pursuant to Section ‎2.1 to this Agreement.\n   5.  “Software” means Applitools’ software development kit software in object or source code version, Documentation and any updates and upgrade thereto (to the extent delivered).\n1. License\n   1. Grant of License. Subject to the terms and conditions of this Agreement, Applitools grants You, during the Term, a personal, non-exclusive, non-sublicensable, non-transferable, revocable license to: (i) use the Software solely for Your own personal (non-commercial) use and (ii) use and display Applitools’ Marks solely for the purpose of publicizing or advertising that You are using the Software. \n   2. Documentation. Applitools may make available Documentation to Licensee for Licensee to use solely in connection with Licensee’s use of the Software during the term of this Agreement. Licensee may print or copy the Documentation as needed for its own purposes provided that all copyright notices are included therein. The Documentation shall be considered the Confidential Information of Applitools. \n   1. Reservation of Rights; Use Restrictions. Other than the rights explicitly granted in this Agreement, Licensee shall have no other rights, express or implied, in the Software. Without limiting the generality of the foregoing, Licensee agrees and undertakes not to: (i) allow any third party to use the Software in any manner, including but not limited to, sell, lease, sublicense or distribute the Software, or any part thereof; (ii) modify, revise, or alter the Software or reverse engineer, decompile, disassemble or otherwise reduce to human-perceivable form the Software’s source code; (iii) copy or allow copies of the Software to be made; (iv) remove, alter or obscure any proprietary notice or identification, including copyright, trademark, patent or other notices, contained in or displayed on or via the Software; (v) use the Software to violate any applicable laws, rules or regulations, or for any unlawful, harmful, irresponsible, or inappropriate purpose, or in any manner that breaches this Agreement, and/or (vi) represent that it possesses any proprietary interest in the Software.\n   1. Third Party Software. Licensee acknowledges and agrees that any third party software (“Third Party Software”) that provided with the Software is provided under the terms of the license attached/linked thereto or, if no such license is attached, such Third Party Software is provided for free and on “AS IS” basis. Applitools is not liable for any losses or damages which may occur resulting from the use of any Third Party Software. Applitools does not possess any proprietary interest in such Third Party Software. \n   1. Open Source Licenses. The Software includes certain open source code software and materials (as shall be listed in the documentation of the Software) (“Open Source Software”) that are subject to their respective open source licenses (“Open Source Licenses”). Such Open Source Licenses contain a list of conditions with respect to warranty, copyright policy and other provisions. By executing this Agreement, Licensee undertakes to strictly comply with the terms and condition of the Open Source Licenses, as may be amended from time to time. In order to comply with the Open Source Licenses, Licensee shall read the respective licenses or notices, such list of Open Source Licenses may be amended from time to time by Applitools, at its sole discretion. In the event of any inconsistencies or conflicting provisions between the provisions of the Open Source Licenses and the provisions of this Agreement, the provisions of the Open Source Licenses shall prevail. Without derogating from the generality of the foregoing, it is clarified that any Open Source Software is provided on an “AS IS” basis, without indemnity or warranty of any kind, whether express or implied. For clarity, the representations and warranties set forth in Section ‎4 hereunder shall not apply to any Open Source Software.\n1. Title & Ownership. APPLITOOLS DOES NOT SELL OR TRANSFER TITLE IN THE SOFTWARE, OR ANY PART THEREOF, TO LICENSEE. The Documentation, Software (excluding any Open Source Software and Third Party Software therein which are owned by their respective licensors) and/or any copies thereof, including without limitation any derivative works made (regardless of whether such derivative works were made and/or developed pursuant to the request and/or specifications of Licensee, and irrespective of any support and/or assistance Applitools may, will or had received from Licensee, or any third party on its behalf, with respect thereto), as well as any updates or upgrades thereto, if provided to Applitools pursuant to this Agreement, shall remain Applitools’ sole and exclusive property. All Intellectual Property Rights evidenced by or embodied in and/or attached/connected/related to the Software, or part thereof, are and shall be owned solely and exclusively by Applitools. Nothing in this Agreement shall constitute a waiver of Applitools’ Intellectual Property Rights under any law, or be in any way construed or interpreted as such. It is further agreed that to the extent Licensee provides Applitools with Feedback, Licensee acknowledges that any and all rights, including Intellectual Property Rights in such Feedback shall belong exclusively to Applitools and Licensee hereby irrevocably and unconditionally transfers and assigns to Applitools all intellectual property rights in such Feedback and waives any and all moral rights that Licensee may have in respect thereto. It is further understood that use of Feedback, if any, may be made by Applitools at its sole discretion, and that Applitools in no way shall be obliged to make use of any kind of the Feedback or part thereof. \n1. Warranty. Applitools warrants that to its knowledge it has the right to grant the license under this Agreement. Applitools’ sole liability for any breach of this warranty or any other warranty under this Agreement shall be, at Applitools’ sole discretion: (i) to replace or repair the Software or the applicable portion thereof; or (ii) to terminate this Agreement.\n2. Warranty Exclusions. The warranties set forth in Section ‎4 are contingent upon Licensee’s proper use of the Software, and shall not apply to damage caused by abuse, misuse, alteration, neglect or unauthorized repair or installation, or by the use or attempted use of Software other than that supplied and supported by Applitools. Applitools will use reasonable commercial efforts to repair or replace the Software or the applicable portion thereof, pursuant to the foregoing warranty within thirty (30) days of being so notified.\n1. Warranty Disclaimers. AS BETWEEN LICENSEE AND APPLITOOLS, EXCEPT AS SET IN SECTION ‎4, THE SOFTWARE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND INCLUDING, WITHOUT LIMITATION, REPRESENTATIONS, WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR INTENDED OR PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, THAT THE SOFTWARE WILL MEET LICENSEE’S REQUIREMENTS OR EXPECTATIONS OR WILL ACHIEVE ANY SPECIFIC RESULTS AND THOSE ARISING BY STATUTE OR FROM A COURSE OF DEALING OR USAGE OF TRADE. Applicable law may not allow the exclusion of certain warranties, so to that extent such exclusions may not apply.\n1. High Risk Activities. You acknowledge that the Software is not fault tolerant and is not designed, manufactured, or intended for use or resale as on-line control equipment in hazardous or high risk environments and activities requiring fail-safe performance (such as in the operation of nuclear facilities, aircraft navigation or communication systems, air traffic control, direct life support machines and/or devices, or weapons systems) in which the failure of the Software could lead directly to death, personal injury, or severe physical or environmental damage, and You agree not to use or allow the use of the Software or any portion thereof for, or in connection with, any such environment or activity.\n1. Indemnify. You agree that Applitools shall have no liability whatsoever for any use made of the Software by You or any third party. You hereby agree to defend, indemnify and hold harmless Applitools and its affiliates and their respective officers, directors, agents and employees from any and all claims, damages, liabilities, costs, and expenses (including attorney’s fees) arising from claims related to Your use of the Software as well as from Your failure to comply with this Agreement.\n1. Limitation of Liability. UNDER NO CIRCUMSTANCES SHALL APPLITOOLS AND/OR ITS AFFILIATES BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, OR FOR ANY LOSS OF DATA, REVENUE, BUSINESS OR REPUTATION, THAT ARISES UNDER OR IN CONNECTION WITH THIS AGREEMENT, OR THAT RESULTS FROM THE USE OF, OR THE INABILITY TO USE, THE SOFTWARE. APPLITOOLS’S TOTAL AGGREGATE LIABILITY FOR ANY AND ALL DIRECT DAMAGES AND LOSSES THAT ARISE UNDER OR IN CONNECTION WITH THIS AGREEMENT SHALL NOT IN ANY CIRCUMSTANCE EXCEED THE AMOUNT OF 100.00 (ONE HUNDRED) UNITED STATES DOLLARS. THE FOREGOING LIMITATIONS AND EXCLUSIONS IN THIS SECTION ‎7 SHALL APPLY: (I) EVEN IF APPLITOOLS HAS BEEN ADVISED OF THE POSSIBILITY OF ANY DAMAGES OR LOSSES; (II) EVEN IF ANY REMEDY SET FORTH HEREIN FAILS OF ITS ESSENTIAL PURPOSE; AND (III) REGARDLESS OF THE BASIS OR THEORY OF LIABILITY.\n1. Export Laws. Licensee agrees to comply fully with all U.S., EU, Israeli, and all applicable export laws and regulations to ensure that neither the Software nor any technical data related thereto are exported or re-exported directly or indirectly in violation of, or used for any purposes prohibited by, such laws and regulations. For clarity, and without derogating from Section ‎11 below, in case of any change of any applicable law, policy or regulation, which might affect Applitools’ business, Applitools will have the right to terminate this Agreement and the license granted hereunder and the Licensee shall have no claims regarding such termination. \n1. Term and Termination. This Agreement shall continue until terminated as set forth in this section (the “Term”). You may terminate this Agreement at any time by removing the Software from Your system and destroying all copies of the Software and Documentation relating to the Software. Unauthorized copying of the Software or otherwise failing to comply with this Agreement will result in automatic immediate termination of this Agreement and will make available to Applitools legal remedies. Applitools reserves the right to terminate this Agreement and the License at any time and without notice. Upon termination of this Agreement, the License will terminate and You: (i) will cease any and all rights to use the Software, and (ii) will remove the Software from all hard drives, networks and other storage media and destroy all copies of the Software in your possession or under your control. The provisions of Sections ‎2.3, ‎2.4, ‎2.5, ‎6, ‎7, ‎8, ‎9, 10, ‎11 and ‎12 shall survive the termination, expiration or other ending of this Agreement.\n1. Miscellaneous. This Agreement represents the complete agreement concerning the Software between You and Applitools and supersedes all prior agreements and representations between You and Applitools. If any provision of this Agreement is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable. Any waiver of any provision of this Agreement will be effective only if in writing and signed by Applitools. This Agreement is personal to You and may not be assigned or transferred for any reason whatsoever without the consent of Applitools and any action or conduct in violation of the foregoing shall be void and without effect. Applitools expressly reserves the right to assign this Agreement and to delegate any of its obligations hereunder. This Agreement are governed by and construed under the laws of the State of Israel, excluding its conflicts of law rules. You expressly agree that the exclusive jurisdiction for any claim or action arising out of or relating to this Agreement shall be the courts located in Tel Aviv, Israel, and You further agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action. In any action or proceeding to enforce rights under this Agreement, the prevailing party shall be entitled to recover costs and attorneys’ 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BY INSTALLING, ACCESSING AND/OR USING THE SOFTWARE (AS DEFINED BELOW), YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOU, OR THE COMPANY YOU REPRESENT, (“YOU” OR “LICENSEE”) ARE ENTERING INTO A LEGAL AGREEMENT WITH APPLITOOLS LTD. AND ITS AFFILIATES (“APPLITOOLS”), AND HAVE UNDERSTOOD AND AGREE TO COMPLY WITH, AND BE LEGALLY BOUND BY, THE TERMS AND CONDITIONS OF THIS AGREEMENT. YOU HEREBY WAIVE ANY RIGHTS OR REQUIREMENTS UNDER ANY LAWS OR REGULATIONS IN ANY JURISDICTION WHICH REQUIRE AN ORIGINAL (NON-ELECTRONIC) SIGNATURE OR DELIVERY OR RETENTION OF NON-ELECTRONIC RECORDS, TO THE EXTENT PERMITTED UNDER APPLICABLE LAW. \nTHE SOFTWARE MAY BE USED SOLELY FOR YOUR PERSONAL, NON-COMMERCIAL PURPOSES. FOR COMMERCIAL PURPOSES PLEASE CONTACT THE REGIONAL APPLITOOLS BUSINESS REPRESENTATIVE. \n1. Definitions. For purposes of this Agreement, the following capitalized terms shall have the following meaning:\n   1. “Documentation” means the user’s guides and technical manuals delivered by Applitools to Licensee.\n   2.  “Feedback” means suggestions, comments or feedback (whether orally or in writing) with respect to the Software.\n   3. “Intellectual Property Rights” means all intangible legal rights, titles and interests evidenced by or embodied in all: (i) inventions (regardless of patentability and whether or not reduced to practice), improvements thereto, patents, patent applications, patent disclosures, together with all reissuances, continuations, continuations in part, revisions, extensions and reexaminations thereof; (ii) trademarks, service marks, trade dress, logos, trade names, corporate names, together with translations, adaptations, derivations and combinations thereof, including goodwill associated therewith, and applications, registrations, and renewals in connection therewith; (iii) any work of authorship, regardless of copyrightable, copyrightable works, copyrights (including moral rights), and applications, registrations and renewals in connection therewith; (iv) mask works and applications, registrations and renewals in connection therewith; (v) trade secrets and Confidential Information; and (vi) other proprietary rights and any other similar rights, in each case on a worldwide basis, and copies and tangible embodiments thereof, in whatever form or medium.\n   4. “License” means the right to use the Software pursuant to Section ‎2.1 to this Agreement.\n   5.  “Software” means Applitools’ software development kit software in object or source code version, Documentation and any updates and upgrade thereto (to the extent delivered).\n1. License\n   1. Grant of License. Subject to the terms and conditions of this Agreement, Applitools grants You, during the Term, a personal, non-exclusive, non-sublicensable, non-transferable, revocable license to: (i) use the Software solely for Your own personal (non-commercial) use and (ii) use and display Applitools’ Marks solely for the purpose of publicizing or advertising that You are using the Software. \n   2. Documentation. Applitools may make available Documentation to Licensee for Licensee to use solely in connection with Licensee’s use of the Software during the term of this Agreement. Licensee may print or copy the Documentation as needed for its own purposes provided that all copyright notices are included therein. The Documentation shall be considered the Confidential Information of Applitools. \n   1. Reservation of Rights; Use Restrictions. Other than the rights explicitly granted in this Agreement, Licensee shall have no other rights, express or implied, in the Software. Without limiting the generality of the foregoing, Licensee agrees and undertakes not to: (i) allow any third party to use the Software in any manner, including but not limited to, sell, lease, sublicense or distribute the Software, or any part thereof; (ii) modify, revise, or alter the Software or reverse engineer, decompile, disassemble or otherwise reduce to human-perceivable form the Software’s source code; (iii) copy or allow copies of the Software to be made; (iv) remove, alter or obscure any proprietary notice or identification, including copyright, trademark, patent or other notices, contained in or displayed on or via the Software; (v) use the Software to violate any applicable laws, rules or regulations, or for any unlawful, harmful, irresponsible, or inappropriate purpose, or in any manner that breaches this Agreement, and/or (vi) represent that it possesses any proprietary interest in the Software.\n   1. Third Party Software. Licensee acknowledges and agrees that any third party software (“Third Party Software”) that provided with the Software is provided under the terms of the license attached/linked thereto or, if no such license is attached, such Third Party Software is provided for free and on “AS IS” basis. Applitools is not liable for any losses or damages which may occur resulting from the use of any Third Party Software. Applitools does not possess any proprietary interest in such Third Party Software. \n   1. Open Source Licenses. The Software includes certain open source code software and materials (as shall be listed in the documentation of the Software) (“Open Source Software”) that are subject to their respective open source licenses (“Open Source Licenses”). Such Open Source Licenses contain a list of conditions with respect to warranty, copyright policy and other provisions. By executing this Agreement, Licensee undertakes to strictly comply with the terms and condition of the Open Source Licenses, as may be amended from time to time. In order to comply with the Open Source Licenses, Licensee shall read the respective licenses or notices, such list of Open Source Licenses may be amended from time to time by Applitools, at its sole discretion. In the event of any inconsistencies or conflicting provisions between the provisions of the Open Source Licenses and the provisions of this Agreement, the provisions of the Open Source Licenses shall prevail. Without derogating from the generality of the foregoing, it is clarified that any Open Source Software is provided on an “AS IS” basis, without indemnity or warranty of any kind, whether express or implied. For clarity, the representations and warranties set forth in Section ‎4 hereunder shall not apply to any Open Source Software.\n1. Title & Ownership. APPLITOOLS DOES NOT SELL OR TRANSFER TITLE IN THE SOFTWARE, OR ANY PART THEREOF, TO LICENSEE. The Documentation, Software (excluding any Open Source Software and Third Party Software therein which are owned by their respective licensors) and/or any copies thereof, including without limitation any derivative works made (regardless of whether such derivative works were made and/or developed pursuant to the request and/or specifications of Licensee, and irrespective of any support and/or assistance Applitools may, will or had received from Licensee, or any third party on its behalf, with respect thereto), as well as any updates or upgrades thereto, if provided to Applitools pursuant to this Agreement, shall remain Applitools’ sole and exclusive property. All Intellectual Property Rights evidenced by or embodied in and/or attached/connected/related to the Software, or part thereof, are and shall be owned solely and exclusively by Applitools. Nothing in this Agreement shall constitute a waiver of Applitools’ Intellectual Property Rights under any law, or be in any way construed or interpreted as such. It is further agreed that to the extent Licensee provides Applitools with Feedback, Licensee acknowledges that any and all rights, including Intellectual Property Rights in such Feedback shall belong exclusively to Applitools and Licensee hereby irrevocably and unconditionally transfers and assigns to Applitools all intellectual property rights in such Feedback and waives any and all moral rights that Licensee may have in respect thereto. It is further understood that use of Feedback, if any, may be made by Applitools at its sole discretion, and that Applitools in no way shall be obliged to make use of any kind of the Feedback or part thereof. \n1. Warranty. Applitools warrants that to its knowledge it has the right to grant the license under this Agreement. Applitools’ sole liability for any breach of this warranty or any other warranty under this Agreement shall be, at Applitools’ sole discretion: (i) to replace or repair the Software or the applicable portion thereof; or (ii) to terminate this Agreement.\n2. Warranty Exclusions. The warranties set forth in Section ‎4 are contingent upon Licensee’s proper use of the Software, and shall not apply to damage caused by abuse, misuse, alteration, neglect or unauthorized repair or installation, or by the use or attempted use of Software other than that supplied and supported by Applitools. Applitools will use reasonable commercial efforts to repair or replace the Software or the applicable portion thereof, pursuant to the foregoing warranty within thirty (30) days of being so notified.\n1. Warranty Disclaimers. AS BETWEEN LICENSEE AND APPLITOOLS, EXCEPT AS SET IN SECTION ‎4, THE SOFTWARE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND INCLUDING, WITHOUT LIMITATION, REPRESENTATIONS, WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR INTENDED OR PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, THAT THE SOFTWARE WILL MEET LICENSEE’S REQUIREMENTS OR EXPECTATIONS OR WILL ACHIEVE ANY SPECIFIC RESULTS AND THOSE ARISING BY STATUTE OR FROM A COURSE OF DEALING OR USAGE OF TRADE. Applicable law may not allow the exclusion of certain warranties, so to that extent such exclusions may not apply.\n1. High Risk Activities. You acknowledge that the Software is not fault tolerant and is not designed, manufactured, or intended for use or resale as on-line control equipment in hazardous or high risk environments and activities requiring fail-safe performance (such as in the operation of nuclear facilities, aircraft navigation or communication systems, air traffic control, direct life support machines and/or devices, or weapons systems) in which the failure of the Software could lead directly to death, personal injury, or severe physical or environmental damage, and You agree not to use or allow the use of the Software or any portion thereof for, or in connection with, any such environment or activity.\n1. Indemnify. You agree that Applitools shall have no liability whatsoever for any use made of the Software by You or any third party. You hereby agree to defend, indemnify and hold harmless Applitools and its affiliates and their respective officers, directors, agents and employees from any and all claims, damages, liabilities, costs, and expenses (including attorney’s fees) arising from claims related to Your use of the Software as well as from Your failure to comply with this Agreement.\n1. Limitation of Liability. UNDER NO CIRCUMSTANCES SHALL APPLITOOLS AND/OR ITS AFFILIATES BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, OR FOR ANY LOSS OF DATA, REVENUE, BUSINESS OR REPUTATION, THAT ARISES UNDER OR IN CONNECTION WITH THIS AGREEMENT, OR THAT RESULTS FROM THE USE OF, OR THE INABILITY TO USE, THE SOFTWARE. APPLITOOLS’S TOTAL AGGREGATE LIABILITY FOR ANY AND ALL DIRECT DAMAGES AND LOSSES THAT ARISE UNDER OR IN CONNECTION WITH THIS AGREEMENT SHALL NOT IN ANY CIRCUMSTANCE EXCEED THE AMOUNT OF 100.00 (ONE HUNDRED) UNITED STATES DOLLARS. THE FOREGOING LIMITATIONS AND EXCLUSIONS IN THIS SECTION ‎7 SHALL APPLY: (I) EVEN IF APPLITOOLS HAS BEEN ADVISED OF THE POSSIBILITY OF ANY DAMAGES OR LOSSES; (II) EVEN IF ANY REMEDY SET FORTH HEREIN FAILS OF ITS ESSENTIAL PURPOSE; AND (III) REGARDLESS OF THE BASIS OR THEORY OF LIABILITY.\n1. Export Laws. Licensee agrees to comply fully with all U.S., EU, Israeli, and all applicable export laws and regulations to ensure that neither the Software nor any technical data related thereto are exported or re-exported directly or indirectly in violation of, or used for any purposes prohibited by, such laws and regulations. For clarity, and without derogating from Section ‎11 below, in case of any change of any applicable law, policy or regulation, which might affect Applitools’ business, Applitools will have the right to terminate this Agreement and the license granted hereunder and the Licensee shall have no claims regarding such termination. \n1. Term and Termination. This Agreement shall continue until terminated as set forth in this section (the “Term”). You may terminate this Agreement at any time by removing the Software from Your system and destroying all copies of the Software and Documentation relating to the Software. Unauthorized copying of the Software or otherwise failing to comply with this Agreement will result in automatic immediate termination of this Agreement and will make available to Applitools legal remedies. Applitools reserves the right to terminate this Agreement and the License at any time and without notice. Upon termination of this Agreement, the License will terminate and You: (i) will cease any and all rights to use the Software, and (ii) will remove the Software from all hard drives, networks and other storage media and destroy all copies of the Software in your possession or under your control. The provisions of Sections ‎2.3, ‎2.4, ‎2.5, ‎6, ‎7, ‎8, ‎9, 10, ‎11 and ‎12 shall survive the termination, expiration or other ending of this Agreement.\n1. Miscellaneous. This Agreement represents the complete agreement concerning the Software between You and Applitools and supersedes all prior agreements and representations between You and Applitools. If any provision of this Agreement is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable. Any waiver of any provision of this Agreement will be effective only if in writing and signed by Applitools. This Agreement is personal to You and may not be assigned or transferred for any reason whatsoever without the consent of Applitools and any action or conduct in violation of the foregoing shall be void and without effect. Applitools expressly reserves the right to assign this Agreement and to delegate any of its obligations hereunder. This Agreement are governed by and construed under the laws of the State of Israel, excluding its conflicts of law rules. You expressly agree that the exclusive jurisdiction for any claim or action arising out of or relating to this Agreement shall be the courts located in Tel Aviv, Israel, and You further agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action. 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BY INSTALLING, ACCESSING AND/OR USING THE SOFTWARE (AS DEFINED BELOW), YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOU, OR THE COMPANY YOU REPRESENT, (“YOU” OR “LICENSEE”) ARE ENTERING INTO A LEGAL AGREEMENT WITH APPLITOOLS LTD. AND ITS AFFILIATES (“APPLITOOLS”), AND HAVE UNDERSTOOD AND AGREE TO COMPLY WITH, AND BE LEGALLY BOUND BY, THE TERMS AND CONDITIONS OF THIS AGREEMENT. YOU HEREBY WAIVE ANY RIGHTS OR REQUIREMENTS UNDER ANY LAWS OR REGULATIONS IN ANY JURISDICTION WHICH REQUIRE AN ORIGINAL (NON-ELECTRONIC) SIGNATURE OR DELIVERY OR RETENTION OF NON-ELECTRONIC RECORDS, TO THE EXTENT PERMITTED UNDER APPLICABLE LAW. \nTHE SOFTWARE MAY BE USED SOLELY FOR YOUR PERSONAL, NON-COMMERCIAL PURPOSES. FOR COMMERCIAL PURPOSES PLEASE CONTACT THE REGIONAL APPLITOOLS BUSINESS REPRESENTATIVE. \n1. Definitions. For purposes of this Agreement, the following capitalized terms shall have the following meaning:\n   1. “Documentation” means the user’s guides and technical manuals delivered by Applitools to Licensee.\n   2.  “Feedback” means suggestions, comments or feedback (whether orally or in writing) with respect to the Software.\n   3. “Intellectual Property Rights” means all intangible legal rights, titles and interests evidenced by or embodied in all: (i) inventions (regardless of patentability and whether or not reduced to practice), improvements thereto, patents, patent applications, patent disclosures, together with all reissuances, continuations, continuations in part, revisions, extensions and reexaminations thereof; (ii) trademarks, service marks, trade dress, logos, trade names, corporate names, together with translations, adaptations, derivations and combinations thereof, including goodwill associated therewith, and applications, registrations, and renewals in connection therewith; (iii) any work of authorship, regardless of copyrightable, copyrightable works, copyrights (including moral rights), and applications, registrations and renewals in connection therewith; (iv) mask works and applications, registrations and renewals in connection therewith; (v) trade secrets and Confidential Information; and (vi) other proprietary rights and any other similar rights, in each case on a worldwide basis, and copies and tangible embodiments thereof, in whatever form or medium.\n   4. “License” means the right to use the Software pursuant to Section ‎2.1 to this Agreement.\n   5.  “Software” means Applitools’ software development kit software in object or source code version, Documentation and any updates and upgrade thereto (to the extent delivered).\n1. License\n   1. Grant of License. Subject to the terms and conditions of this Agreement, Applitools grants You, during the Term, a personal, non-exclusive, non-sublicensable, non-transferable, revocable license to: (i) use the Software solely for Your own personal (non-commercial) use and (ii) use and display Applitools’ Marks solely for the purpose of publicizing or advertising that You are using the Software. \n   2. Documentation. Applitools may make available Documentation to Licensee for Licensee to use solely in connection with Licensee’s use of the Software during the term of this Agreement. Licensee may print or copy the Documentation as needed for its own purposes provided that all copyright notices are included therein. The Documentation shall be considered the Confidential Information of Applitools. \n   1. Reservation of Rights; Use Restrictions. Other than the rights explicitly granted in this Agreement, Licensee shall have no other rights, express or implied, in the Software. Without limiting the generality of the foregoing, Licensee agrees and undertakes not to: (i) allow any third party to use the Software in any manner, including but not limited to, sell, lease, sublicense or distribute the Software, or any part thereof; (ii) modify, revise, or alter the Software or reverse engineer, decompile, disassemble or otherwise reduce to human-perceivable form the Software’s source code; (iii) copy or allow copies of the Software to be made; (iv) remove, alter or obscure any proprietary notice or identification, including copyright, trademark, patent or other notices, contained in or displayed on or via the Software; (v) use the Software to violate any applicable laws, rules or regulations, or for any unlawful, harmful, irresponsible, or inappropriate purpose, or in any manner that breaches this Agreement, and/or (vi) represent that it possesses any proprietary interest in the Software.\n   1. Third Party Software. Licensee acknowledges and agrees that any third party software (“Third Party Software”) that provided with the Software is provided under the terms of the license attached/linked thereto or, if no such license is attached, such Third Party Software is provided for free and on “AS IS” basis. Applitools is not liable for any losses or damages which may occur resulting from the use of any Third Party Software. Applitools does not possess any proprietary interest in such Third Party Software. \n   1. Open Source Licenses. The Software includes certain open source code software and materials (as shall be listed in the documentation of the Software) (“Open Source Software”) that are subject to their respective open source licenses (“Open Source Licenses”). Such Open Source Licenses contain a list of conditions with respect to warranty, copyright policy and other provisions. By executing this Agreement, Licensee undertakes to strictly comply with the terms and condition of the Open Source Licenses, as may be amended from time to time. In order to comply with the Open Source Licenses, Licensee shall read the respective licenses or notices, such list of Open Source Licenses may be amended from time to time by Applitools, at its sole discretion. In the event of any inconsistencies or conflicting provisions between the provisions of the Open Source Licenses and the provisions of this Agreement, the provisions of the Open Source Licenses shall prevail. Without derogating from the generality of the foregoing, it is clarified that any Open Source Software is provided on an “AS IS” basis, without indemnity or warranty of any kind, whether express or implied. For clarity, the representations and warranties set forth in Section ‎4 hereunder shall not apply to any Open Source Software.\n1. Title & Ownership. APPLITOOLS DOES NOT SELL OR TRANSFER TITLE IN THE SOFTWARE, OR ANY PART THEREOF, TO LICENSEE. The Documentation, Software (excluding any Open Source Software and Third Party Software therein which are owned by their respective licensors) and/or any copies thereof, including without limitation any derivative works made (regardless of whether such derivative works were made and/or developed pursuant to the request and/or specifications of Licensee, and irrespective of any support and/or assistance Applitools may, will or had received from Licensee, or any third party on its behalf, with respect thereto), as well as any updates or upgrades thereto, if provided to Applitools pursuant to this Agreement, shall remain Applitools’ sole and exclusive property. All Intellectual Property Rights evidenced by or embodied in and/or attached/connected/related to the Software, or part thereof, are and shall be owned solely and exclusively by Applitools. Nothing in this Agreement shall constitute a waiver of Applitools’ Intellectual Property Rights under any law, or be in any way construed or interpreted as such. It is further agreed that to the extent Licensee provides Applitools with Feedback, Licensee acknowledges that any and all rights, including Intellectual Property Rights in such Feedback shall belong exclusively to Applitools and Licensee hereby irrevocably and unconditionally transfers and assigns to Applitools all intellectual property rights in such Feedback and waives any and all moral rights that Licensee may have in respect thereto. It is further understood that use of Feedback, if any, may be made by Applitools at its sole discretion, and that Applitools in no way shall be obliged to make use of any kind of the Feedback or part thereof. \n1. Warranty. Applitools warrants that to its knowledge it has the right to grant the license under this Agreement. Applitools’ sole liability for any breach of this warranty or any other warranty under this Agreement shall be, at Applitools’ sole discretion: (i) to replace or repair the Software or the applicable portion thereof; or (ii) to terminate this Agreement.\n2. Warranty Exclusions. The warranties set forth in Section ‎4 are contingent upon Licensee’s proper use of the Software, and shall not apply to damage caused by abuse, misuse, alteration, neglect or unauthorized repair or installation, or by the use or attempted use of Software other than that supplied and supported by Applitools. Applitools will use reasonable commercial efforts to repair or replace the Software or the applicable portion thereof, pursuant to the foregoing warranty within thirty (30) days of being so notified.\n1. Warranty Disclaimers. AS BETWEEN LICENSEE AND APPLITOOLS, EXCEPT AS SET IN SECTION ‎4, THE SOFTWARE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND INCLUDING, WITHOUT LIMITATION, REPRESENTATIONS, WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR INTENDED OR PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, THAT THE SOFTWARE WILL MEET LICENSEE’S REQUIREMENTS OR EXPECTATIONS OR WILL ACHIEVE ANY SPECIFIC RESULTS AND THOSE ARISING BY STATUTE OR FROM A COURSE OF DEALING OR USAGE OF TRADE. Applicable law may not allow the exclusion of certain warranties, so to that extent such exclusions may not apply.\n1. High Risk Activities. You acknowledge that the Software is not fault tolerant and is not designed, manufactured, or intended for use or resale as on-line control equipment in hazardous or high risk environments and activities requiring fail-safe performance (such as in the operation of nuclear facilities, aircraft navigation or communication systems, air traffic control, direct life support machines and/or devices, or weapons systems) in which the failure of the Software could lead directly to death, personal injury, or severe physical or environmental damage, and You agree not to use or allow the use of the Software or any portion thereof for, or in connection with, any such environment or activity.\n1. Indemnify. You agree that Applitools shall have no liability whatsoever for any use made of the Software by You or any third party. You hereby agree to defend, indemnify and hold harmless Applitools and its affiliates and their respective officers, directors, agents and employees from any and all claims, damages, liabilities, costs, and expenses (including attorney’s fees) arising from claims related to Your use of the Software as well as from Your failure to comply with this Agreement.\n1. Limitation of Liability. UNDER NO CIRCUMSTANCES SHALL APPLITOOLS AND/OR ITS AFFILIATES BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, OR FOR ANY LOSS OF DATA, REVENUE, BUSINESS OR REPUTATION, THAT ARISES UNDER OR IN CONNECTION WITH THIS AGREEMENT, OR THAT RESULTS FROM THE USE OF, OR THE INABILITY TO USE, THE SOFTWARE. APPLITOOLS’S TOTAL AGGREGATE LIABILITY FOR ANY AND ALL DIRECT DAMAGES AND LOSSES THAT ARISE UNDER OR IN CONNECTION WITH THIS AGREEMENT SHALL NOT IN ANY CIRCUMSTANCE EXCEED THE AMOUNT OF 100.00 (ONE HUNDRED) UNITED STATES DOLLARS. THE FOREGOING LIMITATIONS AND EXCLUSIONS IN THIS SECTION ‎7 SHALL APPLY: (I) EVEN IF APPLITOOLS HAS BEEN ADVISED OF THE POSSIBILITY OF ANY DAMAGES OR LOSSES; (II) EVEN IF ANY REMEDY SET FORTH HEREIN FAILS OF ITS ESSENTIAL PURPOSE; AND (III) REGARDLESS OF THE BASIS OR THEORY OF LIABILITY.\n1. Export Laws. Licensee agrees to comply fully with all U.S., EU, Israeli, and all applicable export laws and regulations to ensure that neither the Software nor any technical data related thereto are exported or re-exported directly or indirectly in violation of, or used for any purposes prohibited by, such laws and regulations. For clarity, and without derogating from Section ‎11 below, in case of any change of any applicable law, policy or regulation, which might affect Applitools’ business, Applitools will have the right to terminate this Agreement and the license granted hereunder and the Licensee shall have no claims regarding such termination. \n1. Term and Termination. This Agreement shall continue until terminated as set forth in this section (the “Term”). You may terminate this Agreement at any time by removing the Software from Your system and destroying all copies of the Software and Documentation relating to the Software. Unauthorized copying of the Software or otherwise failing to comply with this Agreement will result in automatic immediate termination of this Agreement and will make available to Applitools legal remedies. Applitools reserves the right to terminate this Agreement and the License at any time and without notice. Upon termination of this Agreement, the License will terminate and You: (i) will cease any and all rights to use the Software, and (ii) will remove the Software from all hard drives, networks and other storage media and destroy all copies of the Software in your possession or under your control. The provisions of Sections ‎2.3, ‎2.4, ‎2.5, ‎6, ‎7, ‎8, ‎9, 10, ‎11 and ‎12 shall survive the termination, expiration or other ending of this Agreement.\n1. Miscellaneous. This Agreement represents the complete agreement concerning the Software between You and Applitools and supersedes all prior agreements and representations between You and Applitools. If any provision of this Agreement is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable. Any waiver of any provision of this Agreement will be effective only if in writing and signed by Applitools. This Agreement is personal to You and may not be assigned or transferred for any reason whatsoever without the consent of Applitools and any action or conduct in violation of the foregoing shall be void and without effect. Applitools expressly reserves the right to assign this Agreement and to delegate any of its obligations hereunder. This Agreement are governed by and construed under the laws of the State of Israel, excluding its conflicts of law rules. You expressly agree that the exclusive jurisdiction for any claim or action arising out of or relating to this Agreement shall be the courts located in Tel Aviv, Israel, and You further agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action. 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BY INSTALLING, ACCESSING AND/OR USING THE SOFTWARE (AS DEFINED BELOW), YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOU, OR THE COMPANY YOU REPRESENT, (“YOU” OR “LICENSEE”) ARE ENTERING INTO A LEGAL AGREEMENT WITH APPLITOOLS LTD. AND ITS AFFILIATES (“APPLITOOLS”), AND HAVE UNDERSTOOD AND AGREE TO COMPLY WITH, AND BE LEGALLY BOUND BY, THE TERMS AND CONDITIONS OF THIS AGREEMENT. YOU HEREBY WAIVE ANY RIGHTS OR REQUIREMENTS UNDER ANY LAWS OR REGULATIONS IN ANY JURISDICTION WHICH REQUIRE AN ORIGINAL (NON-ELECTRONIC) SIGNATURE OR DELIVERY OR RETENTION OF NON-ELECTRONIC RECORDS, TO THE EXTENT PERMITTED UNDER APPLICABLE LAW. \nTHE SOFTWARE MAY BE USED SOLELY FOR YOUR PERSONAL, NON-COMMERCIAL PURPOSES. FOR COMMERCIAL PURPOSES PLEASE CONTACT THE REGIONAL APPLITOOLS BUSINESS REPRESENTATIVE. \n1. Definitions. For purposes of this Agreement, the following capitalized terms shall have the following meaning:\n   1. “Documentation” means the user’s guides and technical manuals delivered by Applitools to Licensee.\n   2.  “Feedback” means suggestions, comments or feedback (whether orally or in writing) with respect to the Software.\n   3. “Intellectual Property Rights” means all intangible legal rights, titles and interests evidenced by or embodied in all: (i) inventions (regardless of patentability and whether or not reduced to practice), improvements thereto, patents, patent applications, patent disclosures, together with all reissuances, continuations, continuations in part, revisions, extensions and reexaminations thereof; (ii) trademarks, service marks, trade dress, logos, trade names, corporate names, together with translations, adaptations, derivations and combinations thereof, including goodwill associated therewith, and applications, registrations, and renewals in connection therewith; (iii) any work of authorship, regardless of copyrightable, copyrightable works, copyrights (including moral rights), and applications, registrations and renewals in connection therewith; (iv) mask works and applications, registrations and renewals in connection therewith; (v) trade secrets and Confidential Information; and (vi) other proprietary rights and any other similar rights, in each case on a worldwide basis, and copies and tangible embodiments thereof, in whatever form or medium.\n   4. “License” means the right to use the Software pursuant to Section ‎2.1 to this Agreement.\n   5.  “Software” means Applitools’ software development kit software in object or source code version, Documentation and any updates and upgrade thereto (to the extent delivered).\n1. License\n   1. Grant of License. Subject to the terms and conditions of this Agreement, Applitools grants You, during the Term, a personal, non-exclusive, non-sublicensable, non-transferable, revocable license to: (i) use the Software solely for Your own personal (non-commercial) use and (ii) use and display Applitools’ Marks solely for the purpose of publicizing or advertising that You are using the Software. \n   2. Documentation. Applitools may make available Documentation to Licensee for Licensee to use solely in connection with Licensee’s use of the Software during the term of this Agreement. Licensee may print or copy the Documentation as needed for its own purposes provided that all copyright notices are included therein. The Documentation shall be considered the Confidential Information of Applitools. \n   1. Reservation of Rights; Use Restrictions. Other than the rights explicitly granted in this Agreement, Licensee shall have no other rights, express or implied, in the Software. Without limiting the generality of the foregoing, Licensee agrees and undertakes not to: (i) allow any third party to use the Software in any manner, including but not limited to, sell, lease, sublicense or distribute the Software, or any part thereof; (ii) modify, revise, or alter the Software or reverse engineer, decompile, disassemble or otherwise reduce to human-perceivable form the Software’s source code; (iii) copy or allow copies of the Software to be made; (iv) remove, alter or obscure any proprietary notice or identification, including copyright, trademark, patent or other notices, contained in or displayed on or via the Software; (v) use the Software to violate any applicable laws, rules or regulations, or for any unlawful, harmful, irresponsible, or inappropriate purpose, or in any manner that breaches this Agreement, and/or (vi) represent that it possesses any proprietary interest in the Software.\n   1. Third Party Software. Licensee acknowledges and agrees that any third party software (“Third Party Software”) that provided with the Software is provided under the terms of the license attached/linked thereto or, if no such license is attached, such Third Party Software is provided for free and on “AS IS” basis. Applitools is not liable for any losses or damages which may occur resulting from the use of any Third Party Software. Applitools does not possess any proprietary interest in such Third Party Software. \n   1. Open Source Licenses. The Software includes certain open source code software and materials (as shall be listed in the documentation of the Software) (“Open Source Software”) that are subject to their respective open source licenses (“Open Source Licenses”). Such Open Source Licenses contain a list of conditions with respect to warranty, copyright policy and other provisions. By executing this Agreement, Licensee undertakes to strictly comply with the terms and condition of the Open Source Licenses, as may be amended from time to time. In order to comply with the Open Source Licenses, Licensee shall read the respective licenses or notices, such list of Open Source Licenses may be amended from time to time by Applitools, at its sole discretion. In the event of any inconsistencies or conflicting provisions between the provisions of the Open Source Licenses and the provisions of this Agreement, the provisions of the Open Source Licenses shall prevail. Without derogating from the generality of the foregoing, it is clarified that any Open Source Software is provided on an “AS IS” basis, without indemnity or warranty of any kind, whether express or implied. For clarity, the representations and warranties set forth in Section ‎4 hereunder shall not apply to any Open Source Software.\n1. Title & Ownership. APPLITOOLS DOES NOT SELL OR TRANSFER TITLE IN THE SOFTWARE, OR ANY PART THEREOF, TO LICENSEE. The Documentation, Software (excluding any Open Source Software and Third Party Software therein which are owned by their respective licensors) and/or any copies thereof, including without limitation any derivative works made (regardless of whether such derivative works were made and/or developed pursuant to the request and/or specifications of Licensee, and irrespective of any support and/or assistance Applitools may, will or had received from Licensee, or any third party on its behalf, with respect thereto), as well as any updates or upgrades thereto, if provided to Applitools pursuant to this Agreement, shall remain Applitools’ sole and exclusive property. All Intellectual Property Rights evidenced by or embodied in and/or attached/connected/related to the Software, or part thereof, are and shall be owned solely and exclusively by Applitools. Nothing in this Agreement shall constitute a waiver of Applitools’ Intellectual Property Rights under any law, or be in any way construed or interpreted as such. It is further agreed that to the extent Licensee provides Applitools with Feedback, Licensee acknowledges that any and all rights, including Intellectual Property Rights in such Feedback shall belong exclusively to Applitools and Licensee hereby irrevocably and unconditionally transfers and assigns to Applitools all intellectual property rights in such Feedback and waives any and all moral rights that Licensee may have in respect thereto. It is further understood that use of Feedback, if any, may be made by Applitools at its sole discretion, and that Applitools in no way shall be obliged to make use of any kind of the Feedback or part thereof. \n1. Warranty. Applitools warrants that to its knowledge it has the right to grant the license under this Agreement. Applitools’ sole liability for any breach of this warranty or any other warranty under this Agreement shall be, at Applitools’ sole discretion: (i) to replace or repair the Software or the applicable portion thereof; or (ii) to terminate this Agreement.\n2. Warranty Exclusions. The warranties set forth in Section ‎4 are contingent upon Licensee’s proper use of the Software, and shall not apply to damage caused by abuse, misuse, alteration, neglect or unauthorized repair or installation, or by the use or attempted use of Software other than that supplied and supported by Applitools. Applitools will use reasonable commercial efforts to repair or replace the Software or the applicable portion thereof, pursuant to the foregoing warranty within thirty (30) days of being so notified.\n1. Warranty Disclaimers. AS BETWEEN LICENSEE AND APPLITOOLS, EXCEPT AS SET IN SECTION ‎4, THE SOFTWARE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND INCLUDING, WITHOUT LIMITATION, REPRESENTATIONS, WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR INTENDED OR PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, THAT THE SOFTWARE WILL MEET LICENSEE’S REQUIREMENTS OR EXPECTATIONS OR WILL ACHIEVE ANY SPECIFIC RESULTS AND THOSE ARISING BY STATUTE OR FROM A COURSE OF DEALING OR USAGE OF TRADE. Applicable law may not allow the exclusion of certain warranties, so to that extent such exclusions may not apply.\n1. High Risk Activities. You acknowledge that the Software is not fault tolerant and is not designed, manufactured, or intended for use or resale as on-line control equipment in hazardous or high risk environments and activities requiring fail-safe performance (such as in the operation of nuclear facilities, aircraft navigation or communication systems, air traffic control, direct life support machines and/or devices, or weapons systems) in which the failure of the Software could lead directly to death, personal injury, or severe physical or environmental damage, and You agree not to use or allow the use of the Software or any portion thereof for, or in connection with, any such environment or activity.\n1. Indemnify. You agree that Applitools shall have no liability whatsoever for any use made of the Software by You or any third party. You hereby agree to defend, indemnify and hold harmless Applitools and its affiliates and their respective officers, directors, agents and employees from any and all claims, damages, liabilities, costs, and expenses (including attorney’s fees) arising from claims related to Your use of the Software as well as from Your failure to comply with this Agreement.\n1. Limitation of Liability. UNDER NO CIRCUMSTANCES SHALL APPLITOOLS AND/OR ITS AFFILIATES BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, OR FOR ANY LOSS OF DATA, REVENUE, BUSINESS OR REPUTATION, THAT ARISES UNDER OR IN CONNECTION WITH THIS AGREEMENT, OR THAT RESULTS FROM THE USE OF, OR THE INABILITY TO USE, THE SOFTWARE. APPLITOOLS’S TOTAL AGGREGATE LIABILITY FOR ANY AND ALL DIRECT DAMAGES AND LOSSES THAT ARISE UNDER OR IN CONNECTION WITH THIS AGREEMENT SHALL NOT IN ANY CIRCUMSTANCE EXCEED THE AMOUNT OF 100.00 (ONE HUNDRED) UNITED STATES DOLLARS. THE FOREGOING LIMITATIONS AND EXCLUSIONS IN THIS SECTION ‎7 SHALL APPLY: (I) EVEN IF APPLITOOLS HAS BEEN ADVISED OF THE POSSIBILITY OF ANY DAMAGES OR LOSSES; (II) EVEN IF ANY REMEDY SET FORTH HEREIN FAILS OF ITS ESSENTIAL PURPOSE; AND (III) REGARDLESS OF THE BASIS OR THEORY OF LIABILITY.\n1. Export Laws. Licensee agrees to comply fully with all U.S., EU, Israeli, and all applicable export laws and regulations to ensure that neither the Software nor any technical data related thereto are exported or re-exported directly or indirectly in violation of, or used for any purposes prohibited by, such laws and regulations. For clarity, and without derogating from Section ‎11 below, in case of any change of any applicable law, policy or regulation, which might affect Applitools’ business, Applitools will have the right to terminate this Agreement and the license granted hereunder and the Licensee shall have no claims regarding such termination. \n1. Term and Termination. This Agreement shall continue until terminated as set forth in this section (the “Term”). You may terminate this Agreement at any time by removing the Software from Your system and destroying all copies of the Software and Documentation relating to the Software. Unauthorized copying of the Software or otherwise failing to comply with this Agreement will result in automatic immediate termination of this Agreement and will make available to Applitools legal remedies. Applitools reserves the right to terminate this Agreement and the License at any time and without notice. Upon termination of this Agreement, the License will terminate and You: (i) will cease any and all rights to use the Software, and (ii) will remove the Software from all hard drives, networks and other storage media and destroy all copies of the Software in your possession or under your control. The provisions of Sections ‎2.3, ‎2.4, ‎2.5, ‎6, ‎7, ‎8, ‎9, 10, ‎11 and ‎12 shall survive the termination, expiration or other ending of this Agreement.\n1. Miscellaneous. This Agreement represents the complete agreement concerning the Software between You and Applitools and supersedes all prior agreements and representations between You and Applitools. If any provision of this Agreement is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable. Any waiver of any provision of this Agreement will be effective only if in writing and signed by Applitools. This Agreement is personal to You and may not be assigned or transferred for any reason whatsoever without the consent of Applitools and any action or conduct in violation of the foregoing shall be void and without effect. Applitools expressly reserves the right to assign this Agreement and to delegate any of its obligations hereunder. This Agreement are governed by and construed under the laws of the State of Israel, excluding its conflicts of law rules. You expressly agree that the exclusive jurisdiction for any claim or action arising out of or relating to this Agreement shall be the courts located in Tel Aviv, Israel, and You further agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action. In any action or proceeding to enforce rights under this Agreement, the prevailing party shall be entitled to recover costs and attorneys’ 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BY INSTALLING, ACCESSING AND/OR USING THE SOFTWARE (AS DEFINED BELOW), YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOU, OR THE COMPANY YOU REPRESENT, (“YOU” OR “LICENSEE”) ARE ENTERING INTO A LEGAL AGREEMENT WITH APPLITOOLS LTD. AND ITS AFFILIATES (“APPLITOOLS”), AND HAVE UNDERSTOOD AND AGREE TO COMPLY WITH, AND BE LEGALLY BOUND BY, THE TERMS AND CONDITIONS OF THIS AGREEMENT. YOU HEREBY WAIVE ANY RIGHTS OR REQUIREMENTS UNDER ANY LAWS OR REGULATIONS IN ANY JURISDICTION WHICH REQUIRE AN ORIGINAL (NON-ELECTRONIC) SIGNATURE OR DELIVERY OR RETENTION OF NON-ELECTRONIC RECORDS, TO THE EXTENT PERMITTED UNDER APPLICABLE LAW. \nTHE SOFTWARE MAY BE USED SOLELY FOR YOUR PERSONAL, NON-COMMERCIAL PURPOSES. FOR COMMERCIAL PURPOSES PLEASE CONTACT THE REGIONAL APPLITOOLS BUSINESS REPRESENTATIVE. \n1. Definitions. For purposes of this Agreement, the following capitalized terms shall have the following meaning:\n   1. “Documentation” means the user’s guides and technical manuals delivered by Applitools to Licensee.\n   2.  “Feedback” means suggestions, comments or feedback (whether orally or in writing) with respect to the Software.\n   3. “Intellectual Property Rights” means all intangible legal rights, titles and interests evidenced by or embodied in all: (i) inventions (regardless of patentability and whether or not reduced to practice), improvements thereto, patents, patent applications, patent disclosures, together with all reissuances, continuations, continuations in part, revisions, extensions and reexaminations thereof; (ii) trademarks, service marks, trade dress, logos, trade names, corporate names, together with translations, adaptations, derivations and combinations thereof, including goodwill associated therewith, and applications, registrations, and renewals in connection therewith; (iii) any work of authorship, regardless of copyrightable, copyrightable works, copyrights (including moral rights), and applications, registrations and renewals in connection therewith; (iv) mask works and applications, registrations and renewals in connection therewith; (v) trade secrets and Confidential Information; and (vi) other proprietary rights and any other similar rights, in each case on a worldwide basis, and copies and tangible embodiments thereof, in whatever form or medium.\n   4. “License” means the right to use the Software pursuant to Section ‎2.1 to this Agreement.\n   5.  “Software” means Applitools’ software development kit software in object or source code version, Documentation and any updates and upgrade thereto (to the extent delivered).\n1. License\n   1. Grant of License. Subject to the terms and conditions of this Agreement, Applitools grants You, during the Term, a personal, non-exclusive, non-sublicensable, non-transferable, revocable license to: (i) use the Software solely for Your own personal (non-commercial) use and (ii) use and display Applitools’ Marks solely for the purpose of publicizing or advertising that You are using the Software. \n   2. Documentation. Applitools may make available Documentation to Licensee for Licensee to use solely in connection with Licensee’s use of the Software during the term of this Agreement. Licensee may print or copy the Documentation as needed for its own purposes provided that all copyright notices are included therein. The Documentation shall be considered the Confidential Information of Applitools. \n   1. Reservation of Rights; Use Restrictions. Other than the rights explicitly granted in this Agreement, Licensee shall have no other rights, express or implied, in the Software. Without limiting the generality of the foregoing, Licensee agrees and undertakes not to: (i) allow any third party to use the Software in any manner, including but not limited to, sell, lease, sublicense or distribute the Software, or any part thereof; (ii) modify, revise, or alter the Software or reverse engineer, decompile, disassemble or otherwise reduce to human-perceivable form the Software’s source code; (iii) copy or allow copies of the Software to be made; (iv) remove, alter or obscure any proprietary notice or identification, including copyright, trademark, patent or other notices, contained in or displayed on or via the Software; (v) use the Software to violate any applicable laws, rules or regulations, or for any unlawful, harmful, irresponsible, or inappropriate purpose, or in any manner that breaches this Agreement, and/or (vi) represent that it possesses any proprietary interest in the Software.\n   1. Third Party Software. Licensee acknowledges and agrees that any third party software (“Third Party Software”) that provided with the Software is provided under the terms of the license attached/linked thereto or, if no such license is attached, such Third Party Software is provided for free and on “AS IS” basis. Applitools is not liable for any losses or damages which may occur resulting from the use of any Third Party Software. Applitools does not possess any proprietary interest in such Third Party Software. \n   1. Open Source Licenses. The Software includes certain open source code software and materials (as shall be listed in the documentation of the Software) (“Open Source Software”) that are subject to their respective open source licenses (“Open Source Licenses”). Such Open Source Licenses contain a list of conditions with respect to warranty, copyright policy and other provisions. By executing this Agreement, Licensee undertakes to strictly comply with the terms and condition of the Open Source Licenses, as may be amended from time to time. In order to comply with the Open Source Licenses, Licensee shall read the respective licenses or notices, such list of Open Source Licenses may be amended from time to time by Applitools, at its sole discretion. In the event of any inconsistencies or conflicting provisions between the provisions of the Open Source Licenses and the provisions of this Agreement, the provisions of the Open Source Licenses shall prevail. Without derogating from the generality of the foregoing, it is clarified that any Open Source Software is provided on an “AS IS” basis, without indemnity or warranty of any kind, whether express or implied. For clarity, the representations and warranties set forth in Section ‎4 hereunder shall not apply to any Open Source Software.\n1. Title & Ownership. APPLITOOLS DOES NOT SELL OR TRANSFER TITLE IN THE SOFTWARE, OR ANY PART THEREOF, TO LICENSEE. The Documentation, Software (excluding any Open Source Software and Third Party Software therein which are owned by their respective licensors) and/or any copies thereof, including without limitation any derivative works made (regardless of whether such derivative works were made and/or developed pursuant to the request and/or specifications of Licensee, and irrespective of any support and/or assistance Applitools may, will or had received from Licensee, or any third party on its behalf, with respect thereto), as well as any updates or upgrades thereto, if provided to Applitools pursuant to this Agreement, shall remain Applitools’ sole and exclusive property. All Intellectual Property Rights evidenced by or embodied in and/or attached/connected/related to the Software, or part thereof, are and shall be owned solely and exclusively by Applitools. Nothing in this Agreement shall constitute a waiver of Applitools’ Intellectual Property Rights under any law, or be in any way construed or interpreted as such. It is further agreed that to the extent Licensee provides Applitools with Feedback, Licensee acknowledges that any and all rights, including Intellectual Property Rights in such Feedback shall belong exclusively to Applitools and Licensee hereby irrevocably and unconditionally transfers and assigns to Applitools all intellectual property rights in such Feedback and waives any and all moral rights that Licensee may have in respect thereto. It is further understood that use of Feedback, if any, may be made by Applitools at its sole discretion, and that Applitools in no way shall be obliged to make use of any kind of the Feedback or part thereof. \n1. Warranty. Applitools warrants that to its knowledge it has the right to grant the license under this Agreement. Applitools’ sole liability for any breach of this warranty or any other warranty under this Agreement shall be, at Applitools’ sole discretion: (i) to replace or repair the Software or the applicable portion thereof; or (ii) to terminate this Agreement.\n2. Warranty Exclusions. The warranties set forth in Section ‎4 are contingent upon Licensee’s proper use of the Software, and shall not apply to damage caused by abuse, misuse, alteration, neglect or unauthorized repair or installation, or by the use or attempted use of Software other than that supplied and supported by Applitools. Applitools will use reasonable commercial efforts to repair or replace the Software or the applicable portion thereof, pursuant to the foregoing warranty within thirty (30) days of being so notified.\n1. Warranty Disclaimers. AS BETWEEN LICENSEE AND APPLITOOLS, EXCEPT AS SET IN SECTION ‎4, THE SOFTWARE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND INCLUDING, WITHOUT LIMITATION, REPRESENTATIONS, WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR INTENDED OR PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, THAT THE SOFTWARE WILL MEET LICENSEE’S REQUIREMENTS OR EXPECTATIONS OR WILL ACHIEVE ANY SPECIFIC RESULTS AND THOSE ARISING BY STATUTE OR FROM A COURSE OF DEALING OR USAGE OF TRADE. Applicable law may not allow the exclusion of certain warranties, so to that extent such exclusions may not apply.\n1. High Risk Activities. You acknowledge that the Software is not fault tolerant and is not designed, manufactured, or intended for use or resale as on-line control equipment in hazardous or high risk environments and activities requiring fail-safe performance (such as in the operation of nuclear facilities, aircraft navigation or communication systems, air traffic control, direct life support machines and/or devices, or weapons systems) in which the failure of the Software could lead directly to death, personal injury, or severe physical or environmental damage, and You agree not to use or allow the use of the Software or any portion thereof for, or in connection with, any such environment or activity.\n1. Indemnify. You agree that Applitools shall have no liability whatsoever for any use made of the Software by You or any third party. You hereby agree to defend, indemnify and hold harmless Applitools and its affiliates and their respective officers, directors, agents and employees from any and all claims, damages, liabilities, costs, and expenses (including attorney’s fees) arising from claims related to Your use of the Software as well as from Your failure to comply with this Agreement.\n1. Limitation of Liability. UNDER NO CIRCUMSTANCES SHALL APPLITOOLS AND/OR ITS AFFILIATES BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, OR FOR ANY LOSS OF DATA, REVENUE, BUSINESS OR REPUTATION, THAT ARISES UNDER OR IN CONNECTION WITH THIS AGREEMENT, OR THAT RESULTS FROM THE USE OF, OR THE INABILITY TO USE, THE SOFTWARE. APPLITOOLS’S TOTAL AGGREGATE LIABILITY FOR ANY AND ALL DIRECT DAMAGES AND LOSSES THAT ARISE UNDER OR IN CONNECTION WITH THIS AGREEMENT SHALL NOT IN ANY CIRCUMSTANCE EXCEED THE AMOUNT OF 100.00 (ONE HUNDRED) UNITED STATES DOLLARS. THE FOREGOING LIMITATIONS AND EXCLUSIONS IN THIS SECTION ‎7 SHALL APPLY: (I) EVEN IF APPLITOOLS HAS BEEN ADVISED OF THE POSSIBILITY OF ANY DAMAGES OR LOSSES; (II) EVEN IF ANY REMEDY SET FORTH HEREIN FAILS OF ITS ESSENTIAL PURPOSE; AND (III) REGARDLESS OF THE BASIS OR THEORY OF LIABILITY.\n1. Export Laws. Licensee agrees to comply fully with all U.S., EU, Israeli, and all applicable export laws and regulations to ensure that neither the Software nor any technical data related thereto are exported or re-exported directly or indirectly in violation of, or used for any purposes prohibited by, such laws and regulations. For clarity, and without derogating from Section ‎11 below, in case of any change of any applicable law, policy or regulation, which might affect Applitools’ business, Applitools will have the right to terminate this Agreement and the license granted hereunder and the Licensee shall have no claims regarding such termination. \n1. Term and Termination. This Agreement shall continue until terminated as set forth in this section (the “Term”). You may terminate this Agreement at any time by removing the Software from Your system and destroying all copies of the Software and Documentation relating to the Software. Unauthorized copying of the Software or otherwise failing to comply with this Agreement will result in automatic immediate termination of this Agreement and will make available to Applitools legal remedies. Applitools reserves the right to terminate this Agreement and the License at any time and without notice. Upon termination of this Agreement, the License will terminate and You: (i) will cease any and all rights to use the Software, and (ii) will remove the Software from all hard drives, networks and other storage media and destroy all copies of the Software in your possession or under your control. The provisions of Sections ‎2.3, ‎2.4, ‎2.5, ‎6, ‎7, ‎8, ‎9, 10, ‎11 and ‎12 shall survive the termination, expiration or other ending of this Agreement.\n1. Miscellaneous. This Agreement represents the complete agreement concerning the Software between You and Applitools and supersedes all prior agreements and representations between You and Applitools. If any provision of this Agreement is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable. Any waiver of any provision of this Agreement will be effective only if in writing and signed by Applitools. This Agreement is personal to You and may not be assigned or transferred for any reason whatsoever without the consent of Applitools and any action or conduct in violation of the foregoing shall be void and without effect. Applitools expressly reserves the right to assign this Agreement and to delegate any of its obligations hereunder. This Agreement are governed by and construed under the laws of the State of Israel, excluding its conflicts of law rules. You expressly agree that the exclusive jurisdiction for any claim or action arising out of or relating to this Agreement shall be the courts located in Tel Aviv, Israel, and You further agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action. In any action or proceeding to enforce rights under this Agreement, the prevailing party shall be entitled to recover costs and attorneys’ 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BY INSTALLING, ACCESSING AND/OR USING THE SOFTWARE (AS DEFINED BELOW), YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOU, OR THE COMPANY YOU REPRESENT, (“YOU” OR “LICENSEE”) ARE ENTERING INTO A LEGAL AGREEMENT WITH APPLITOOLS LTD. AND ITS AFFILIATES (“APPLITOOLS”), AND HAVE UNDERSTOOD AND AGREE TO COMPLY WITH, AND BE LEGALLY BOUND BY, THE TERMS AND CONDITIONS OF THIS AGREEMENT. YOU HEREBY WAIVE ANY RIGHTS OR REQUIREMENTS UNDER ANY LAWS OR REGULATIONS IN ANY JURISDICTION WHICH REQUIRE AN ORIGINAL (NON-ELECTRONIC) SIGNATURE OR DELIVERY OR RETENTION OF NON-ELECTRONIC RECORDS, TO THE EXTENT PERMITTED UNDER APPLICABLE LAW. \nTHE SOFTWARE MAY BE USED SOLELY FOR YOUR PERSONAL, NON-COMMERCIAL PURPOSES. FOR COMMERCIAL PURPOSES PLEASE CONTACT THE REGIONAL APPLITOOLS BUSINESS REPRESENTATIVE. \n1. Definitions. For purposes of this Agreement, the following capitalized terms shall have the following meaning:\n   1. “Documentation” means the user’s guides and technical manuals delivered by Applitools to Licensee.\n   2.  “Feedback” means suggestions, comments or feedback (whether orally or in writing) with respect to the Software.\n   3. “Intellectual Property Rights” means all intangible legal rights, titles and interests evidenced by or embodied in all: (i) inventions (regardless of patentability and whether or not reduced to practice), improvements thereto, patents, patent applications, patent disclosures, together with all reissuances, continuations, continuations in part, revisions, extensions and reexaminations thereof; (ii) trademarks, service marks, trade dress, logos, trade names, corporate names, together with translations, adaptations, derivations and combinations thereof, including goodwill associated therewith, and applications, registrations, and renewals in connection therewith; (iii) any work of authorship, regardless of copyrightable, copyrightable works, copyrights (including moral rights), and applications, registrations and renewals in connection therewith; (iv) mask works and applications, registrations and renewals in connection therewith; (v) trade secrets and Confidential Information; and (vi) other proprietary rights and any other similar rights, in each case on a worldwide basis, and copies and tangible embodiments thereof, in whatever form or medium.\n   4. “License” means the right to use the Software pursuant to Section ‎2.1 to this Agreement.\n   5.  “Software” means Applitools’ software development kit software in object or source code version, Documentation and any updates and upgrade thereto (to the extent delivered).\n1. License\n   1. Grant of License. Subject to the terms and conditions of this Agreement, Applitools grants You, during the Term, a personal, non-exclusive, non-sublicensable, non-transferable, revocable license to: (i) use the Software solely for Your own personal (non-commercial) use and (ii) use and display Applitools’ Marks solely for the purpose of publicizing or advertising that You are using the Software. \n   2. Documentation. Applitools may make available Documentation to Licensee for Licensee to use solely in connection with Licensee’s use of the Software during the term of this Agreement. Licensee may print or copy the Documentation as needed for its own purposes provided that all copyright notices are included therein. The Documentation shall be considered the Confidential Information of Applitools. \n   1. Reservation of Rights; Use Restrictions. Other than the rights explicitly granted in this Agreement, Licensee shall have no other rights, express or implied, in the Software. Without limiting the generality of the foregoing, Licensee agrees and undertakes not to: (i) allow any third party to use the Software in any manner, including but not limited to, sell, lease, sublicense or distribute the Software, or any part thereof; (ii) modify, revise, or alter the Software or reverse engineer, decompile, disassemble or otherwise reduce to human-perceivable form the Software’s source code; (iii) copy or allow copies of the Software to be made; (iv) remove, alter or obscure any proprietary notice or identification, including copyright, trademark, patent or other notices, contained in or displayed on or via the Software; (v) use the Software to violate any applicable laws, rules or regulations, or for any unlawful, harmful, irresponsible, or inappropriate purpose, or in any manner that breaches this Agreement, and/or (vi) represent that it possesses any proprietary interest in the Software.\n   1. Third Party Software. Licensee acknowledges and agrees that any third party software (“Third Party Software”) that provided with the Software is provided under the terms of the license attached/linked thereto or, if no such license is attached, such Third Party Software is provided for free and on “AS IS” basis. Applitools is not liable for any losses or damages which may occur resulting from the use of any Third Party Software. Applitools does not possess any proprietary interest in such Third Party Software. \n   1. Open Source Licenses. The Software includes certain open source code software and materials (as shall be listed in the documentation of the Software) (“Open Source Software”) that are subject to their respective open source licenses (“Open Source Licenses”). Such Open Source Licenses contain a list of conditions with respect to warranty, copyright policy and other provisions. By executing this Agreement, Licensee undertakes to strictly comply with the terms and condition of the Open Source Licenses, as may be amended from time to time. In order to comply with the Open Source Licenses, Licensee shall read the respective licenses or notices, such list of Open Source Licenses may be amended from time to time by Applitools, at its sole discretion. In the event of any inconsistencies or conflicting provisions between the provisions of the Open Source Licenses and the provisions of this Agreement, the provisions of the Open Source Licenses shall prevail. Without derogating from the generality of the foregoing, it is clarified that any Open Source Software is provided on an “AS IS” basis, without indemnity or warranty of any kind, whether express or implied. For clarity, the representations and warranties set forth in Section ‎4 hereunder shall not apply to any Open Source Software.\n1. Title & Ownership. APPLITOOLS DOES NOT SELL OR TRANSFER TITLE IN THE SOFTWARE, OR ANY PART THEREOF, TO LICENSEE. The Documentation, Software (excluding any Open Source Software and Third Party Software therein which are owned by their respective licensors) and/or any copies thereof, including without limitation any derivative works made (regardless of whether such derivative works were made and/or developed pursuant to the request and/or specifications of Licensee, and irrespective of any support and/or assistance Applitools may, will or had received from Licensee, or any third party on its behalf, with respect thereto), as well as any updates or upgrades thereto, if provided to Applitools pursuant to this Agreement, shall remain Applitools’ sole and exclusive property. All Intellectual Property Rights evidenced by or embodied in and/or attached/connected/related to the Software, or part thereof, are and shall be owned solely and exclusively by Applitools. Nothing in this Agreement shall constitute a waiver of Applitools’ Intellectual Property Rights under any law, or be in any way construed or interpreted as such. It is further agreed that to the extent Licensee provides Applitools with Feedback, Licensee acknowledges that any and all rights, including Intellectual Property Rights in such Feedback shall belong exclusively to Applitools and Licensee hereby irrevocably and unconditionally transfers and assigns to Applitools all intellectual property rights in such Feedback and waives any and all moral rights that Licensee may have in respect thereto. It is further understood that use of Feedback, if any, may be made by Applitools at its sole discretion, and that Applitools in no way shall be obliged to make use of any kind of the Feedback or part thereof. \n1. Warranty. Applitools warrants that to its knowledge it has the right to grant the license under this Agreement. Applitools’ sole liability for any breach of this warranty or any other warranty under this Agreement shall be, at Applitools’ sole discretion: (i) to replace or repair the Software or the applicable portion thereof; or (ii) to terminate this Agreement.\n2. Warranty Exclusions. The warranties set forth in Section ‎4 are contingent upon Licensee’s proper use of the Software, and shall not apply to damage caused by abuse, misuse, alteration, neglect or unauthorized repair or installation, or by the use or attempted use of Software other than that supplied and supported by Applitools. Applitools will use reasonable commercial efforts to repair or replace the Software or the applicable portion thereof, pursuant to the foregoing warranty within thirty (30) days of being so notified.\n1. Warranty Disclaimers. AS BETWEEN LICENSEE AND APPLITOOLS, EXCEPT AS SET IN SECTION ‎4, THE SOFTWARE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND INCLUDING, WITHOUT LIMITATION, REPRESENTATIONS, WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR INTENDED OR PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, THAT THE SOFTWARE WILL MEET LICENSEE’S REQUIREMENTS OR EXPECTATIONS OR WILL ACHIEVE ANY SPECIFIC RESULTS AND THOSE ARISING BY STATUTE OR FROM A COURSE OF DEALING OR USAGE OF TRADE. Applicable law may not allow the exclusion of certain warranties, so to that extent such exclusions may not apply.\n1. High Risk Activities. You acknowledge that the Software is not fault tolerant and is not designed, manufactured, or intended for use or resale as on-line control equipment in hazardous or high risk environments and activities requiring fail-safe performance (such as in the operation of nuclear facilities, aircraft navigation or communication systems, air traffic control, direct life support machines and/or devices, or weapons systems) in which the failure of the Software could lead directly to death, personal injury, or severe physical or environmental damage, and You agree not to use or allow the use of the Software or any portion thereof for, or in connection with, any such environment or activity.\n1. Indemnify. You agree that Applitools shall have no liability whatsoever for any use made of the Software by You or any third party. You hereby agree to defend, indemnify and hold harmless Applitools and its affiliates and their respective officers, directors, agents and employees from any and all claims, damages, liabilities, costs, and expenses (including attorney’s fees) arising from claims related to Your use of the Software as well as from Your failure to comply with this Agreement.\n1. Limitation of Liability. UNDER NO CIRCUMSTANCES SHALL APPLITOOLS AND/OR ITS AFFILIATES BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, OR FOR ANY LOSS OF DATA, REVENUE, BUSINESS OR REPUTATION, THAT ARISES UNDER OR IN CONNECTION WITH THIS AGREEMENT, OR THAT RESULTS FROM THE USE OF, OR THE INABILITY TO USE, THE SOFTWARE. APPLITOOLS’S TOTAL AGGREGATE LIABILITY FOR ANY AND ALL DIRECT DAMAGES AND LOSSES THAT ARISE UNDER OR IN CONNECTION WITH THIS AGREEMENT SHALL NOT IN ANY CIRCUMSTANCE EXCEED THE AMOUNT OF 100.00 (ONE HUNDRED) UNITED STATES DOLLARS. THE FOREGOING LIMITATIONS AND EXCLUSIONS IN THIS SECTION ‎7 SHALL APPLY: (I) EVEN IF APPLITOOLS HAS BEEN ADVISED OF THE POSSIBILITY OF ANY DAMAGES OR LOSSES; (II) EVEN IF ANY REMEDY SET FORTH HEREIN FAILS OF ITS ESSENTIAL PURPOSE; AND (III) REGARDLESS OF THE BASIS OR THEORY OF LIABILITY.\n1. Export Laws. Licensee agrees to comply fully with all U.S., EU, Israeli, and all applicable export laws and regulations to ensure that neither the Software nor any technical data related thereto are exported or re-exported directly or indirectly in violation of, or used for any purposes prohibited by, such laws and regulations. For clarity, and without derogating from Section ‎11 below, in case of any change of any applicable law, policy or regulation, which might affect Applitools’ business, Applitools will have the right to terminate this Agreement and the license granted hereunder and the Licensee shall have no claims regarding such termination. \n1. Term and Termination. This Agreement shall continue until terminated as set forth in this section (the “Term”). You may terminate this Agreement at any time by removing the Software from Your system and destroying all copies of the Software and Documentation relating to the Software. Unauthorized copying of the Software or otherwise failing to comply with this Agreement will result in automatic immediate termination of this Agreement and will make available to Applitools legal remedies. Applitools reserves the right to terminate this Agreement and the License at any time and without notice. Upon termination of this Agreement, the License will terminate and You: (i) will cease any and all rights to use the Software, and (ii) will remove the Software from all hard drives, networks and other storage media and destroy all copies of the Software in your possession or under your control. The provisions of Sections ‎2.3, ‎2.4, ‎2.5, ‎6, ‎7, ‎8, ‎9, 10, ‎11 and ‎12 shall survive the termination, expiration or other ending of this Agreement.\n1. Miscellaneous. This Agreement represents the complete agreement concerning the Software between You and Applitools and supersedes all prior agreements and representations between You and Applitools. If any provision of this Agreement is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable. Any waiver of any provision of this Agreement will be effective only if in writing and signed by Applitools. This Agreement is personal to You and may not be assigned or transferred for any reason whatsoever without the consent of Applitools and any action or conduct in violation of the foregoing shall be void and without effect. Applitools expressly reserves the right to assign this Agreement and to delegate any of its obligations hereunder. This Agreement are governed by and construed under the laws of the State of Israel, excluding its conflicts of law rules. You expressly agree that the exclusive jurisdiction for any claim or action arising out of or relating to this Agreement shall be the courts located in Tel Aviv, Israel, and You further agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action. In any action or proceeding to enforce rights under this Agreement, the prevailing party shall be entitled to recover costs and attorneys’ 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BY INSTALLING, ACCESSING AND/OR USING THE SOFTWARE (AS DEFINED BELOW), YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOU, OR THE COMPANY YOU REPRESENT, (“YOU” OR “LICENSEE”) ARE ENTERING INTO A LEGAL AGREEMENT WITH APPLITOOLS LTD. AND ITS AFFILIATES (“APPLITOOLS”), AND HAVE UNDERSTOOD AND AGREE TO COMPLY WITH, AND BE LEGALLY BOUND BY, THE TERMS AND CONDITIONS OF THIS AGREEMENT. YOU HEREBY WAIVE ANY RIGHTS OR REQUIREMENTS UNDER ANY LAWS OR REGULATIONS IN ANY JURISDICTION WHICH REQUIRE AN ORIGINAL (NON-ELECTRONIC) SIGNATURE OR DELIVERY OR RETENTION OF NON-ELECTRONIC RECORDS, TO THE EXTENT PERMITTED UNDER APPLICABLE LAW. \nTHE SOFTWARE MAY BE USED SOLELY FOR YOUR PERSONAL, NON-COMMERCIAL PURPOSES. FOR COMMERCIAL PURPOSES PLEASE CONTACT THE REGIONAL APPLITOOLS BUSINESS REPRESENTATIVE. \n1. Definitions. For purposes of this Agreement, the following capitalized terms shall have the following meaning:\n   1. “Documentation” means the user’s guides and technical manuals delivered by Applitools to Licensee.\n   2.  “Feedback” means suggestions, comments or feedback (whether orally or in writing) with respect to the Software.\n   3. “Intellectual Property Rights” means all intangible legal rights, titles and interests evidenced by or embodied in all: (i) inventions (regardless of patentability and whether or not reduced to practice), improvements thereto, patents, patent applications, patent disclosures, together with all reissuances, continuations, continuations in part, revisions, extensions and reexaminations thereof; (ii) trademarks, service marks, trade dress, logos, trade names, corporate names, together with translations, adaptations, derivations and combinations thereof, including goodwill associated therewith, and applications, registrations, and renewals in connection therewith; (iii) any work of authorship, regardless of copyrightable, copyrightable works, copyrights (including moral rights), and applications, registrations and renewals in connection therewith; (iv) mask works and applications, registrations and renewals in connection therewith; (v) trade secrets and Confidential Information; and (vi) other proprietary rights and any other similar rights, in each case on a worldwide basis, and copies and tangible embodiments thereof, in whatever form or medium.\n   4. “License” means the right to use the Software pursuant to Section ‎2.1 to this Agreement.\n   5.  “Software” means Applitools’ software development kit software in object or source code version, Documentation and any updates and upgrade thereto (to the extent delivered).\n1. License\n   1. Grant of License. Subject to the terms and conditions of this Agreement, Applitools grants You, during the Term, a personal, non-exclusive, non-sublicensable, non-transferable, revocable license to: (i) use the Software solely for Your own personal (non-commercial) use and (ii) use and display Applitools’ Marks solely for the purpose of publicizing or advertising that You are using the Software. \n   2. Documentation. Applitools may make available Documentation to Licensee for Licensee to use solely in connection with Licensee’s use of the Software during the term of this Agreement. Licensee may print or copy the Documentation as needed for its own purposes provided that all copyright notices are included therein. The Documentation shall be considered the Confidential Information of Applitools. \n   1. Reservation of Rights; Use Restrictions. Other than the rights explicitly granted in this Agreement, Licensee shall have no other rights, express or implied, in the Software. Without limiting the generality of the foregoing, Licensee agrees and undertakes not to: (i) allow any third party to use the Software in any manner, including but not limited to, sell, lease, sublicense or distribute the Software, or any part thereof; (ii) modify, revise, or alter the Software or reverse engineer, decompile, disassemble or otherwise reduce to human-perceivable form the Software’s source code; (iii) copy or allow copies of the Software to be made; (iv) remove, alter or obscure any proprietary notice or identification, including copyright, trademark, patent or other notices, contained in or displayed on or via the Software; (v) use the Software to violate any applicable laws, rules or regulations, or for any unlawful, harmful, irresponsible, or inappropriate purpose, or in any manner that breaches this Agreement, and/or (vi) represent that it possesses any proprietary interest in the Software.\n   1. Third Party Software. Licensee acknowledges and agrees that any third party software (“Third Party Software”) that provided with the Software is provided under the terms of the license attached/linked thereto or, if no such license is attached, such Third Party Software is provided for free and on “AS IS” basis. Applitools is not liable for any losses or damages which may occur resulting from the use of any Third Party Software. Applitools does not possess any proprietary interest in such Third Party Software. \n   1. Open Source Licenses. The Software includes certain open source code software and materials (as shall be listed in the documentation of the Software) (“Open Source Software”) that are subject to their respective open source licenses (“Open Source Licenses”). Such Open Source Licenses contain a list of conditions with respect to warranty, copyright policy and other provisions. By executing this Agreement, Licensee undertakes to strictly comply with the terms and condition of the Open Source Licenses, as may be amended from time to time. In order to comply with the Open Source Licenses, Licensee shall read the respective licenses or notices, such list of Open Source Licenses may be amended from time to time by Applitools, at its sole discretion. In the event of any inconsistencies or conflicting provisions between the provisions of the Open Source Licenses and the provisions of this Agreement, the provisions of the Open Source Licenses shall prevail. Without derogating from the generality of the foregoing, it is clarified that any Open Source Software is provided on an “AS IS” basis, without indemnity or warranty of any kind, whether express or implied. For clarity, the representations and warranties set forth in Section ‎4 hereunder shall not apply to any Open Source Software.\n1. Title & Ownership. APPLITOOLS DOES NOT SELL OR TRANSFER TITLE IN THE SOFTWARE, OR ANY PART THEREOF, TO LICENSEE. The Documentation, Software (excluding any Open Source Software and Third Party Software therein which are owned by their respective licensors) and/or any copies thereof, including without limitation any derivative works made (regardless of whether such derivative works were made and/or developed pursuant to the request and/or specifications of Licensee, and irrespective of any support and/or assistance Applitools may, will or had received from Licensee, or any third party on its behalf, with respect thereto), as well as any updates or upgrades thereto, if provided to Applitools pursuant to this Agreement, shall remain Applitools’ sole and exclusive property. All Intellectual Property Rights evidenced by or embodied in and/or attached/connected/related to the Software, or part thereof, are and shall be owned solely and exclusively by Applitools. Nothing in this Agreement shall constitute a waiver of Applitools’ Intellectual Property Rights under any law, or be in any way construed or interpreted as such. It is further agreed that to the extent Licensee provides Applitools with Feedback, Licensee acknowledges that any and all rights, including Intellectual Property Rights in such Feedback shall belong exclusively to Applitools and Licensee hereby irrevocably and unconditionally transfers and assigns to Applitools all intellectual property rights in such Feedback and waives any and all moral rights that Licensee may have in respect thereto. It is further understood that use of Feedback, if any, may be made by Applitools at its sole discretion, and that Applitools in no way shall be obliged to make use of any kind of the Feedback or part thereof. \n1. Warranty. Applitools warrants that to its knowledge it has the right to grant the license under this Agreement. Applitools’ sole liability for any breach of this warranty or any other warranty under this Agreement shall be, at Applitools’ sole discretion: (i) to replace or repair the Software or the applicable portion thereof; or (ii) to terminate this Agreement.\n2. Warranty Exclusions. The warranties set forth in Section ‎4 are contingent upon Licensee’s proper use of the Software, and shall not apply to damage caused by abuse, misuse, alteration, neglect or unauthorized repair or installation, or by the use or attempted use of Software other than that supplied and supported by Applitools. Applitools will use reasonable commercial efforts to repair or replace the Software or the applicable portion thereof, pursuant to the foregoing warranty within thirty (30) days of being so notified.\n1. Warranty Disclaimers. AS BETWEEN LICENSEE AND APPLITOOLS, EXCEPT AS SET IN SECTION ‎4, THE SOFTWARE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND INCLUDING, WITHOUT LIMITATION, REPRESENTATIONS, WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR INTENDED OR PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, THAT THE SOFTWARE WILL MEET LICENSEE’S REQUIREMENTS OR EXPECTATIONS OR WILL ACHIEVE ANY SPECIFIC RESULTS AND THOSE ARISING BY STATUTE OR FROM A COURSE OF DEALING OR USAGE OF TRADE. Applicable law may not allow the exclusion of certain warranties, so to that extent such exclusions may not apply.\n1. High Risk Activities. You acknowledge that the Software is not fault tolerant and is not designed, manufactured, or intended for use or resale as on-line control equipment in hazardous or high risk environments and activities requiring fail-safe performance (such as in the operation of nuclear facilities, aircraft navigation or communication systems, air traffic control, direct life support machines and/or devices, or weapons systems) in which the failure of the Software could lead directly to death, personal injury, or severe physical or environmental damage, and You agree not to use or allow the use of the Software or any portion thereof for, or in connection with, any such environment or activity.\n1. Indemnify. You agree that Applitools shall have no liability whatsoever for any use made of the Software by You or any third party. You hereby agree to defend, indemnify and hold harmless Applitools and its affiliates and their respective officers, directors, agents and employees from any and all claims, damages, liabilities, costs, and expenses (including attorney’s fees) arising from claims related to Your use of the Software as well as from Your failure to comply with this Agreement.\n1. Limitation of Liability. UNDER NO CIRCUMSTANCES SHALL APPLITOOLS AND/OR ITS AFFILIATES BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, OR FOR ANY LOSS OF DATA, REVENUE, BUSINESS OR REPUTATION, THAT ARISES UNDER OR IN CONNECTION WITH THIS AGREEMENT, OR THAT RESULTS FROM THE USE OF, OR THE INABILITY TO USE, THE SOFTWARE. APPLITOOLS’S TOTAL AGGREGATE LIABILITY FOR ANY AND ALL DIRECT DAMAGES AND LOSSES THAT ARISE UNDER OR IN CONNECTION WITH THIS AGREEMENT SHALL NOT IN ANY CIRCUMSTANCE EXCEED THE AMOUNT OF 100.00 (ONE HUNDRED) UNITED STATES DOLLARS. THE FOREGOING LIMITATIONS AND EXCLUSIONS IN THIS SECTION ‎7 SHALL APPLY: (I) EVEN IF APPLITOOLS HAS BEEN ADVISED OF THE POSSIBILITY OF ANY DAMAGES OR LOSSES; (II) EVEN IF ANY REMEDY SET FORTH HEREIN FAILS OF ITS ESSENTIAL PURPOSE; AND (III) REGARDLESS OF THE BASIS OR THEORY OF LIABILITY.\n1. Export Laws. Licensee agrees to comply fully with all U.S., EU, Israeli, and all applicable export laws and regulations to ensure that neither the Software nor any technical data related thereto are exported or re-exported directly or indirectly in violation of, or used for any purposes prohibited by, such laws and regulations. For clarity, and without derogating from Section ‎11 below, in case of any change of any applicable law, policy or regulation, which might affect Applitools’ business, Applitools will have the right to terminate this Agreement and the license granted hereunder and the Licensee shall have no claims regarding such termination. \n1. Term and Termination. This Agreement shall continue until terminated as set forth in this section (the “Term”). You may terminate this Agreement at any time by removing the Software from Your system and destroying all copies of the Software and Documentation relating to the Software. Unauthorized copying of the Software or otherwise failing to comply with this Agreement will result in automatic immediate termination of this Agreement and will make available to Applitools legal remedies. Applitools reserves the right to terminate this Agreement and the License at any time and without notice. Upon termination of this Agreement, the License will terminate and You: (i) will cease any and all rights to use the Software, and (ii) will remove the Software from all hard drives, networks and other storage media and destroy all copies of the Software in your possession or under your control. The provisions of Sections ‎2.3, ‎2.4, ‎2.5, ‎6, ‎7, ‎8, ‎9, 10, ‎11 and ‎12 shall survive the termination, expiration or other ending of this Agreement.\n1. Miscellaneous. This Agreement represents the complete agreement concerning the Software between You and Applitools and supersedes all prior agreements and representations between You and Applitools. If any provision of this Agreement is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable. Any waiver of any provision of this Agreement will be effective only if in writing and signed by Applitools. This Agreement is personal to You and may not be assigned or transferred for any reason whatsoever without the consent of Applitools and any action or conduct in violation of the foregoing shall be void and without effect. Applitools expressly reserves the right to assign this Agreement and to delegate any of its obligations hereunder. This Agreement are governed by and construed under the laws of the State of Israel, excluding its conflicts of law rules. You expressly agree that the exclusive jurisdiction for any claim or action arising out of or relating to this Agreement shall be the courts located in Tel Aviv, Israel, and You further agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action. In any action or proceeding to enforce rights under this Agreement, the prevailing party shall be entitled to recover costs and attorneys’ 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BY INSTALLING, ACCESSING AND/OR USING THE SOFTWARE (AS DEFINED BELOW), YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOU, OR THE COMPANY YOU REPRESENT, (“YOU” OR “LICENSEE”) ARE ENTERING INTO A LEGAL AGREEMENT WITH APPLITOOLS LTD. AND ITS AFFILIATES (“APPLITOOLS”), AND HAVE UNDERSTOOD AND AGREE TO COMPLY WITH, AND BE LEGALLY BOUND BY, THE TERMS AND CONDITIONS OF THIS AGREEMENT. YOU HEREBY WAIVE ANY RIGHTS OR REQUIREMENTS UNDER ANY LAWS OR REGULATIONS IN ANY JURISDICTION WHICH REQUIRE AN ORIGINAL (NON-ELECTRONIC) SIGNATURE OR DELIVERY OR RETENTION OF NON-ELECTRONIC RECORDS, TO THE EXTENT PERMITTED UNDER APPLICABLE LAW. \nTHE SOFTWARE MAY BE USED SOLELY FOR YOUR PERSONAL, NON-COMMERCIAL PURPOSES. FOR COMMERCIAL PURPOSES PLEASE CONTACT THE REGIONAL APPLITOOLS BUSINESS REPRESENTATIVE. \n1. Definitions. For purposes of this Agreement, the following capitalized terms shall have the following meaning:\n   1. “Documentation” means the user’s guides and technical manuals delivered by Applitools to Licensee.\n   2.  “Feedback” means suggestions, comments or feedback (whether orally or in writing) with respect to the Software.\n   3. “Intellectual Property Rights” means all intangible legal rights, titles and interests evidenced by or embodied in all: (i) inventions (regardless of patentability and whether or not reduced to practice), improvements thereto, patents, patent applications, patent disclosures, together with all reissuances, continuations, continuations in part, revisions, extensions and reexaminations thereof; (ii) trademarks, service marks, trade dress, logos, trade names, corporate names, together with translations, adaptations, derivations and combinations thereof, including goodwill associated therewith, and applications, registrations, and renewals in connection therewith; (iii) any work of authorship, regardless of copyrightable, copyrightable works, copyrights (including moral rights), and applications, registrations and renewals in connection therewith; (iv) mask works and applications, registrations and renewals in connection therewith; (v) trade secrets and Confidential Information; and (vi) other proprietary rights and any other similar rights, in each case on a worldwide basis, and copies and tangible embodiments thereof, in whatever form or medium.\n   4. “License” means the right to use the Software pursuant to Section ‎2.1 to this Agreement.\n   5.  “Software” means Applitools’ software development kit software in object or source code version, Documentation and any updates and upgrade thereto (to the extent delivered).\n1. License\n   1. Grant of License. Subject to the terms and conditions of this Agreement, Applitools grants You, during the Term, a personal, non-exclusive, non-sublicensable, non-transferable, revocable license to: (i) use the Software solely for Your own personal (non-commercial) use and (ii) use and display Applitools’ Marks solely for the purpose of publicizing or advertising that You are using the Software. \n   2. Documentation. Applitools may make available Documentation to Licensee for Licensee to use solely in connection with Licensee’s use of the Software during the term of this Agreement. Licensee may print or copy the Documentation as needed for its own purposes provided that all copyright notices are included therein. The Documentation shall be considered the Confidential Information of Applitools. \n   1. Reservation of Rights; Use Restrictions. Other than the rights explicitly granted in this Agreement, Licensee shall have no other rights, express or implied, in the Software. Without limiting the generality of the foregoing, Licensee agrees and undertakes not to: (i) allow any third party to use the Software in any manner, including but not limited to, sell, lease, sublicense or distribute the Software, or any part thereof; (ii) modify, revise, or alter the Software or reverse engineer, decompile, disassemble or otherwise reduce to human-perceivable form the Software’s source code; (iii) copy or allow copies of the Software to be made; (iv) remove, alter or obscure any proprietary notice or identification, including copyright, trademark, patent or other notices, contained in or displayed on or via the Software; (v) use the Software to violate any applicable laws, rules or regulations, or for any unlawful, harmful, irresponsible, or inappropriate purpose, or in any manner that breaches this Agreement, and/or (vi) represent that it possesses any proprietary interest in the Software.\n   1. Third Party Software. Licensee acknowledges and agrees that any third party software (“Third Party Software”) that provided with the Software is provided under the terms of the license attached/linked thereto or, if no such license is attached, such Third Party Software is provided for free and on “AS IS” basis. Applitools is not liable for any losses or damages which may occur resulting from the use of any Third Party Software. Applitools does not possess any proprietary interest in such Third Party Software. \n   1. Open Source Licenses. The Software includes certain open source code software and materials (as shall be listed in the documentation of the Software) (“Open Source Software”) that are subject to their respective open source licenses (“Open Source Licenses”). Such Open Source Licenses contain a list of conditions with respect to warranty, copyright policy and other provisions. By executing this Agreement, Licensee undertakes to strictly comply with the terms and condition of the Open Source Licenses, as may be amended from time to time. In order to comply with the Open Source Licenses, Licensee shall read the respective licenses or notices, such list of Open Source Licenses may be amended from time to time by Applitools, at its sole discretion. In the event of any inconsistencies or conflicting provisions between the provisions of the Open Source Licenses and the provisions of this Agreement, the provisions of the Open Source Licenses shall prevail. Without derogating from the generality of the foregoing, it is clarified that any Open Source Software is provided on an “AS IS” basis, without indemnity or warranty of any kind, whether express or implied. For clarity, the representations and warranties set forth in Section ‎4 hereunder shall not apply to any Open Source Software.\n1. Title & Ownership. APPLITOOLS DOES NOT SELL OR TRANSFER TITLE IN THE SOFTWARE, OR ANY PART THEREOF, TO LICENSEE. The Documentation, Software (excluding any Open Source Software and Third Party Software therein which are owned by their respective licensors) and/or any copies thereof, including without limitation any derivative works made (regardless of whether such derivative works were made and/or developed pursuant to the request and/or specifications of Licensee, and irrespective of any support and/or assistance Applitools may, will or had received from Licensee, or any third party on its behalf, with respect thereto), as well as any updates or upgrades thereto, if provided to Applitools pursuant to this Agreement, shall remain Applitools’ sole and exclusive property. All Intellectual Property Rights evidenced by or embodied in and/or attached/connected/related to the Software, or part thereof, are and shall be owned solely and exclusively by Applitools. Nothing in this Agreement shall constitute a waiver of Applitools’ Intellectual Property Rights under any law, or be in any way construed or interpreted as such. It is further agreed that to the extent Licensee provides Applitools with Feedback, Licensee acknowledges that any and all rights, including Intellectual Property Rights in such Feedback shall belong exclusively to Applitools and Licensee hereby irrevocably and unconditionally transfers and assigns to Applitools all intellectual property rights in such Feedback and waives any and all moral rights that Licensee may have in respect thereto. It is further understood that use of Feedback, if any, may be made by Applitools at its sole discretion, and that Applitools in no way shall be obliged to make use of any kind of the Feedback or part thereof. \n1. Warranty. Applitools warrants that to its knowledge it has the right to grant the license under this Agreement. Applitools’ sole liability for any breach of this warranty or any other warranty under this Agreement shall be, at Applitools’ sole discretion: (i) to replace or repair the Software or the applicable portion thereof; or (ii) to terminate this Agreement.\n2. Warranty Exclusions. The warranties set forth in Section ‎4 are contingent upon Licensee’s proper use of the Software, and shall not apply to damage caused by abuse, misuse, alteration, neglect or unauthorized repair or installation, or by the use or attempted use of Software other than that supplied and supported by Applitools. Applitools will use reasonable commercial efforts to repair or replace the Software or the applicable portion thereof, pursuant to the foregoing warranty within thirty (30) days of being so notified.\n1. Warranty Disclaimers. AS BETWEEN LICENSEE AND APPLITOOLS, EXCEPT AS SET IN SECTION ‎4, THE SOFTWARE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND INCLUDING, WITHOUT LIMITATION, REPRESENTATIONS, WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR INTENDED OR PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, THAT THE SOFTWARE WILL MEET LICENSEE’S REQUIREMENTS OR EXPECTATIONS OR WILL ACHIEVE ANY SPECIFIC RESULTS AND THOSE ARISING BY STATUTE OR FROM A COURSE OF DEALING OR USAGE OF TRADE. Applicable law may not allow the exclusion of certain warranties, so to that extent such exclusions may not apply.\n1. High Risk Activities. You acknowledge that the Software is not fault tolerant and is not designed, manufactured, or intended for use or resale as on-line control equipment in hazardous or high risk environments and activities requiring fail-safe performance (such as in the operation of nuclear facilities, aircraft navigation or communication systems, air traffic control, direct life support machines and/or devices, or weapons systems) in which the failure of the Software could lead directly to death, personal injury, or severe physical or environmental damage, and You agree not to use or allow the use of the Software or any portion thereof for, or in connection with, any such environment or activity.\n1. Indemnify. You agree that Applitools shall have no liability whatsoever for any use made of the Software by You or any third party. You hereby agree to defend, indemnify and hold harmless Applitools and its affiliates and their respective officers, directors, agents and employees from any and all claims, damages, liabilities, costs, and expenses (including attorney’s fees) arising from claims related to Your use of the Software as well as from Your failure to comply with this Agreement.\n1. Limitation of Liability. UNDER NO CIRCUMSTANCES SHALL APPLITOOLS AND/OR ITS AFFILIATES BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, OR FOR ANY LOSS OF DATA, REVENUE, BUSINESS OR REPUTATION, THAT ARISES UNDER OR IN CONNECTION WITH THIS AGREEMENT, OR THAT RESULTS FROM THE USE OF, OR THE INABILITY TO USE, THE SOFTWARE. APPLITOOLS’S TOTAL AGGREGATE LIABILITY FOR ANY AND ALL DIRECT DAMAGES AND LOSSES THAT ARISE UNDER OR IN CONNECTION WITH THIS AGREEMENT SHALL NOT IN ANY CIRCUMSTANCE EXCEED THE AMOUNT OF 100.00 (ONE HUNDRED) UNITED STATES DOLLARS. THE FOREGOING LIMITATIONS AND EXCLUSIONS IN THIS SECTION ‎7 SHALL APPLY: (I) EVEN IF APPLITOOLS HAS BEEN ADVISED OF THE POSSIBILITY OF ANY DAMAGES OR LOSSES; (II) EVEN IF ANY REMEDY SET FORTH HEREIN FAILS OF ITS ESSENTIAL PURPOSE; AND (III) REGARDLESS OF THE BASIS OR THEORY OF LIABILITY.\n1. Export Laws. Licensee agrees to comply fully with all U.S., EU, Israeli, and all applicable export laws and regulations to ensure that neither the Software nor any technical data related thereto are exported or re-exported directly or indirectly in violation of, or used for any purposes prohibited by, such laws and regulations. For clarity, and without derogating from Section ‎11 below, in case of any change of any applicable law, policy or regulation, which might affect Applitools’ business, Applitools will have the right to terminate this Agreement and the license granted hereunder and the Licensee shall have no claims regarding such termination. \n1. Term and Termination. This Agreement shall continue until terminated as set forth in this section (the “Term”). You may terminate this Agreement at any time by removing the Software from Your system and destroying all copies of the Software and Documentation relating to the Software. Unauthorized copying of the Software or otherwise failing to comply with this Agreement will result in automatic immediate termination of this Agreement and will make available to Applitools legal remedies. Applitools reserves the right to terminate this Agreement and the License at any time and without notice. Upon termination of this Agreement, the License will terminate and You: (i) will cease any and all rights to use the Software, and (ii) will remove the Software from all hard drives, networks and other storage media and destroy all copies of the Software in your possession or under your control. The provisions of Sections ‎2.3, ‎2.4, ‎2.5, ‎6, ‎7, ‎8, ‎9, 10, ‎11 and ‎12 shall survive the termination, expiration or other ending of this Agreement.\n1. Miscellaneous. This Agreement represents the complete agreement concerning the Software between You and Applitools and supersedes all prior agreements and representations between You and Applitools. If any provision of this Agreement is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable. Any waiver of any provision of this Agreement will be effective only if in writing and signed by Applitools. This Agreement is personal to You and may not be assigned or transferred for any reason whatsoever without the consent of Applitools and any action or conduct in violation of the foregoing shall be void and without effect. Applitools expressly reserves the right to assign this Agreement and to delegate any of its obligations hereunder. This Agreement are governed by and construed under the laws of the State of Israel, excluding its conflicts of law rules. You expressly agree that the exclusive jurisdiction for any claim or action arising out of or relating to this Agreement shall be the courts located in Tel Aviv, Israel, and You further agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action. 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BY INSTALLING, ACCESSING AND/OR USING THE SOFTWARE (AS DEFINED BELOW), YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOU, OR THE COMPANY YOU REPRESENT, (“YOU” OR “LICENSEE”) ARE ENTERING INTO A LEGAL AGREEMENT WITH APPLITOOLS LTD. AND ITS AFFILIATES (“APPLITOOLS”), AND HAVE UNDERSTOOD AND AGREE TO COMPLY WITH, AND BE LEGALLY BOUND BY, THE TERMS AND CONDITIONS OF THIS AGREEMENT. YOU HEREBY WAIVE ANY RIGHTS OR REQUIREMENTS UNDER ANY LAWS OR REGULATIONS IN ANY JURISDICTION WHICH REQUIRE AN ORIGINAL (NON-ELECTRONIC) SIGNATURE OR DELIVERY OR RETENTION OF NON-ELECTRONIC RECORDS, TO THE EXTENT PERMITTED UNDER APPLICABLE LAW. \nTHE SOFTWARE MAY BE USED SOLELY FOR YOUR PERSONAL, NON-COMMERCIAL PURPOSES. FOR COMMERCIAL PURPOSES PLEASE CONTACT THE REGIONAL APPLITOOLS BUSINESS REPRESENTATIVE. \n1. Definitions. For purposes of this Agreement, the following capitalized terms shall have the following meaning:\n   1. “Documentation” means the user’s guides and technical manuals delivered by Applitools to Licensee.\n   2.  “Feedback” means suggestions, comments or feedback (whether orally or in writing) with respect to the Software.\n   3. “Intellectual Property Rights” means all intangible legal rights, titles and interests evidenced by or embodied in all: (i) inventions (regardless of patentability and whether or not reduced to practice), improvements thereto, patents, patent applications, patent disclosures, together with all reissuances, continuations, continuations in part, revisions, extensions and reexaminations thereof; (ii) trademarks, service marks, trade dress, logos, trade names, corporate names, together with translations, adaptations, derivations and combinations thereof, including goodwill associated therewith, and applications, registrations, and renewals in connection therewith; (iii) any work of authorship, regardless of copyrightable, copyrightable works, copyrights (including moral rights), and applications, registrations and renewals in connection therewith; (iv) mask works and applications, registrations and renewals in connection therewith; (v) trade secrets and Confidential Information; and (vi) other proprietary rights and any other similar rights, in each case on a worldwide basis, and copies and tangible embodiments thereof, in whatever form or medium.\n   4. “License” means the right to use the Software pursuant to Section ‎2.1 to this Agreement.\n   5.  “Software” means Applitools’ software development kit software in object or source code version, Documentation and any updates and upgrade thereto (to the extent delivered).\n1. License\n   1. Grant of License. Subject to the terms and conditions of this Agreement, Applitools grants You, during the Term, a personal, non-exclusive, non-sublicensable, non-transferable, revocable license to: (i) use the Software solely for Your own personal (non-commercial) use and (ii) use and display Applitools’ Marks solely for the purpose of publicizing or advertising that You are using the Software. \n   2. Documentation. Applitools may make available Documentation to Licensee for Licensee to use solely in connection with Licensee’s use of the Software during the term of this Agreement. Licensee may print or copy the Documentation as needed for its own purposes provided that all copyright notices are included therein. The Documentation shall be considered the Confidential Information of Applitools. \n   1. Reservation of Rights; Use Restrictions. Other than the rights explicitly granted in this Agreement, Licensee shall have no other rights, express or implied, in the Software. Without limiting the generality of the foregoing, Licensee agrees and undertakes not to: (i) allow any third party to use the Software in any manner, including but not limited to, sell, lease, sublicense or distribute the Software, or any part thereof; (ii) modify, revise, or alter the Software or reverse engineer, decompile, disassemble or otherwise reduce to human-perceivable form the Software’s source code; (iii) copy or allow copies of the Software to be made; (iv) remove, alter or obscure any proprietary notice or identification, including copyright, trademark, patent or other notices, contained in or displayed on or via the Software; (v) use the Software to violate any applicable laws, rules or regulations, or for any unlawful, harmful, irresponsible, or inappropriate purpose, or in any manner that breaches this Agreement, and/or (vi) represent that it possesses any proprietary interest in the Software.\n   1. Third Party Software. Licensee acknowledges and agrees that any third party software (“Third Party Software”) that provided with the Software is provided under the terms of the license attached/linked thereto or, if no such license is attached, such Third Party Software is provided for free and on “AS IS” basis. Applitools is not liable for any losses or damages which may occur resulting from the use of any Third Party Software. Applitools does not possess any proprietary interest in such Third Party Software. \n   1. Open Source Licenses. The Software includes certain open source code software and materials (as shall be listed in the documentation of the Software) (“Open Source Software”) that are subject to their respective open source licenses (“Open Source Licenses”). Such Open Source Licenses contain a list of conditions with respect to warranty, copyright policy and other provisions. By executing this Agreement, Licensee undertakes to strictly comply with the terms and condition of the Open Source Licenses, as may be amended from time to time. In order to comply with the Open Source Licenses, Licensee shall read the respective licenses or notices, such list of Open Source Licenses may be amended from time to time by Applitools, at its sole discretion. In the event of any inconsistencies or conflicting provisions between the provisions of the Open Source Licenses and the provisions of this Agreement, the provisions of the Open Source Licenses shall prevail. Without derogating from the generality of the foregoing, it is clarified that any Open Source Software is provided on an “AS IS” basis, without indemnity or warranty of any kind, whether express or implied. For clarity, the representations and warranties set forth in Section ‎4 hereunder shall not apply to any Open Source Software.\n1. Title & Ownership. APPLITOOLS DOES NOT SELL OR TRANSFER TITLE IN THE SOFTWARE, OR ANY PART THEREOF, TO LICENSEE. The Documentation, Software (excluding any Open Source Software and Third Party Software therein which are owned by their respective licensors) and/or any copies thereof, including without limitation any derivative works made (regardless of whether such derivative works were made and/or developed pursuant to the request and/or specifications of Licensee, and irrespective of any support and/or assistance Applitools may, will or had received from Licensee, or any third party on its behalf, with respect thereto), as well as any updates or upgrades thereto, if provided to Applitools pursuant to this Agreement, shall remain Applitools’ sole and exclusive property. All Intellectual Property Rights evidenced by or embodied in and/or attached/connected/related to the Software, or part thereof, are and shall be owned solely and exclusively by Applitools. Nothing in this Agreement shall constitute a waiver of Applitools’ Intellectual Property Rights under any law, or be in any way construed or interpreted as such. It is further agreed that to the extent Licensee provides Applitools with Feedback, Licensee acknowledges that any and all rights, including Intellectual Property Rights in such Feedback shall belong exclusively to Applitools and Licensee hereby irrevocably and unconditionally transfers and assigns to Applitools all intellectual property rights in such Feedback and waives any and all moral rights that Licensee may have in respect thereto. It is further understood that use of Feedback, if any, may be made by Applitools at its sole discretion, and that Applitools in no way shall be obliged to make use of any kind of the Feedback or part thereof. \n1. Warranty. Applitools warrants that to its knowledge it has the right to grant the license under this Agreement. Applitools’ sole liability for any breach of this warranty or any other warranty under this Agreement shall be, at Applitools’ sole discretion: (i) to replace or repair the Software or the applicable portion thereof; or (ii) to terminate this Agreement.\n2. Warranty Exclusions. The warranties set forth in Section ‎4 are contingent upon Licensee’s proper use of the Software, and shall not apply to damage caused by abuse, misuse, alteration, neglect or unauthorized repair or installation, or by the use or attempted use of Software other than that supplied and supported by Applitools. Applitools will use reasonable commercial efforts to repair or replace the Software or the applicable portion thereof, pursuant to the foregoing warranty within thirty (30) days of being so notified.\n1. Warranty Disclaimers. AS BETWEEN LICENSEE AND APPLITOOLS, EXCEPT AS SET IN SECTION ‎4, THE SOFTWARE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND INCLUDING, WITHOUT LIMITATION, REPRESENTATIONS, WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR INTENDED OR PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, THAT THE SOFTWARE WILL MEET LICENSEE’S REQUIREMENTS OR EXPECTATIONS OR WILL ACHIEVE ANY SPECIFIC RESULTS AND THOSE ARISING BY STATUTE OR FROM A COURSE OF DEALING OR USAGE OF TRADE. Applicable law may not allow the exclusion of certain warranties, so to that extent such exclusions may not apply.\n1. High Risk Activities. You acknowledge that the Software is not fault tolerant and is not designed, manufactured, or intended for use or resale as on-line control equipment in hazardous or high risk environments and activities requiring fail-safe performance (such as in the operation of nuclear facilities, aircraft navigation or communication systems, air traffic control, direct life support machines and/or devices, or weapons systems) in which the failure of the Software could lead directly to death, personal injury, or severe physical or environmental damage, and You agree not to use or allow the use of the Software or any portion thereof for, or in connection with, any such environment or activity.\n1. Indemnify. You agree that Applitools shall have no liability whatsoever for any use made of the Software by You or any third party. You hereby agree to defend, indemnify and hold harmless Applitools and its affiliates and their respective officers, directors, agents and employees from any and all claims, damages, liabilities, costs, and expenses (including attorney’s fees) arising from claims related to Your use of the Software as well as from Your failure to comply with this Agreement.\n1. Limitation of Liability. UNDER NO CIRCUMSTANCES SHALL APPLITOOLS AND/OR ITS AFFILIATES BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, OR FOR ANY LOSS OF DATA, REVENUE, BUSINESS OR REPUTATION, THAT ARISES UNDER OR IN CONNECTION WITH THIS AGREEMENT, OR THAT RESULTS FROM THE USE OF, OR THE INABILITY TO USE, THE SOFTWARE. APPLITOOLS’S TOTAL AGGREGATE LIABILITY FOR ANY AND ALL DIRECT DAMAGES AND LOSSES THAT ARISE UNDER OR IN CONNECTION WITH THIS AGREEMENT SHALL NOT IN ANY CIRCUMSTANCE EXCEED THE AMOUNT OF 100.00 (ONE HUNDRED) UNITED STATES DOLLARS. THE FOREGOING LIMITATIONS AND EXCLUSIONS IN THIS SECTION ‎7 SHALL APPLY: (I) EVEN IF APPLITOOLS HAS BEEN ADVISED OF THE POSSIBILITY OF ANY DAMAGES OR LOSSES; (II) EVEN IF ANY REMEDY SET FORTH HEREIN FAILS OF ITS ESSENTIAL PURPOSE; AND (III) REGARDLESS OF THE BASIS OR THEORY OF LIABILITY.\n1. Export Laws. Licensee agrees to comply fully with all U.S., EU, Israeli, and all applicable export laws and regulations to ensure that neither the Software nor any technical data related thereto are exported or re-exported directly or indirectly in violation of, or used for any purposes prohibited by, such laws and regulations. For clarity, and without derogating from Section ‎11 below, in case of any change of any applicable law, policy or regulation, which might affect Applitools’ business, Applitools will have the right to terminate this Agreement and the license granted hereunder and the Licensee shall have no claims regarding such termination. \n1. Term and Termination. This Agreement shall continue until terminated as set forth in this section (the “Term”). You may terminate this Agreement at any time by removing the Software from Your system and destroying all copies of the Software and Documentation relating to the Software. Unauthorized copying of the Software or otherwise failing to comply with this Agreement will result in automatic immediate termination of this Agreement and will make available to Applitools legal remedies. Applitools reserves the right to terminate this Agreement and the License at any time and without notice. Upon termination of this Agreement, the License will terminate and You: (i) will cease any and all rights to use the Software, and (ii) will remove the Software from all hard drives, networks and other storage media and destroy all copies of the Software in your possession or under your control. The provisions of Sections ‎2.3, ‎2.4, ‎2.5, ‎6, ‎7, ‎8, ‎9, 10, ‎11 and ‎12 shall survive the termination, expiration or other ending of this Agreement.\n1. Miscellaneous. This Agreement represents the complete agreement concerning the Software between You and Applitools and supersedes all prior agreements and representations between You and Applitools. If any provision of this Agreement is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable. Any waiver of any provision of this Agreement will be effective only if in writing and signed by Applitools. This Agreement is personal to You and may not be assigned or transferred for any reason whatsoever without the consent of Applitools and any action or conduct in violation of the foregoing shall be void and without effect. Applitools expressly reserves the right to assign this Agreement and to delegate any of its obligations hereunder. This Agreement are governed by and construed under the laws of the State of Israel, excluding its conflicts of law rules. You expressly agree that the exclusive jurisdiction for any claim or action arising out of or relating to this Agreement shall be the courts located in Tel Aviv, Israel, and You further agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action. In any action or proceeding to enforce rights under this Agreement, the prevailing party shall be entitled to recover costs and attorneys’ 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BY INSTALLING, ACCESSING AND/OR USING THE SOFTWARE (AS DEFINED BELOW), YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOU, OR THE COMPANY YOU REPRESENT, (“YOU” OR “LICENSEE”) ARE ENTERING INTO A LEGAL AGREEMENT WITH APPLITOOLS LTD. AND ITS AFFILIATES (“APPLITOOLS”), AND HAVE UNDERSTOOD AND AGREE TO COMPLY WITH, AND BE LEGALLY BOUND BY, THE TERMS AND CONDITIONS OF THIS AGREEMENT. YOU HEREBY WAIVE ANY RIGHTS OR REQUIREMENTS UNDER ANY LAWS OR REGULATIONS IN ANY JURISDICTION WHICH REQUIRE AN ORIGINAL (NON-ELECTRONIC) SIGNATURE OR DELIVERY OR RETENTION OF NON-ELECTRONIC RECORDS, TO THE EXTENT PERMITTED UNDER APPLICABLE LAW. \nTHE SOFTWARE MAY BE USED SOLELY FOR YOUR PERSONAL, NON-COMMERCIAL PURPOSES. FOR COMMERCIAL PURPOSES PLEASE CONTACT THE REGIONAL APPLITOOLS BUSINESS REPRESENTATIVE. \n1. Definitions. For purposes of this Agreement, the following capitalized terms shall have the following meaning:\n   1. “Documentation” means the user’s guides and technical manuals delivered by Applitools to Licensee.\n   2.  “Feedback” means suggestions, comments or feedback (whether orally or in writing) with respect to the Software.\n   3. “Intellectual Property Rights” means all intangible legal rights, titles and interests evidenced by or embodied in all: (i) inventions (regardless of patentability and whether or not reduced to practice), improvements thereto, patents, patent applications, patent disclosures, together with all reissuances, continuations, continuations in part, revisions, extensions and reexaminations thereof; (ii) trademarks, service marks, trade dress, logos, trade names, corporate names, together with translations, adaptations, derivations and combinations thereof, including goodwill associated therewith, and applications, registrations, and renewals in connection therewith; (iii) any work of authorship, regardless of copyrightable, copyrightable works, copyrights (including moral rights), and applications, registrations and renewals in connection therewith; (iv) mask works and applications, registrations and renewals in connection therewith; (v) trade secrets and Confidential Information; and (vi) other proprietary rights and any other similar rights, in each case on a worldwide basis, and copies and tangible embodiments thereof, in whatever form or medium.\n   4. “License” means the right to use the Software pursuant to Section ‎2.1 to this Agreement.\n   5.  “Software” means Applitools’ software development kit software in object or source code version, Documentation and any updates and upgrade thereto (to the extent delivered).\n1. License\n   1. Grant of License. Subject to the terms and conditions of this Agreement, Applitools grants You, during the Term, a personal, non-exclusive, non-sublicensable, non-transferable, revocable license to: (i) use the Software solely for Your own personal (non-commercial) use and (ii) use and display Applitools’ Marks solely for the purpose of publicizing or advertising that You are using the Software. \n   2. Documentation. Applitools may make available Documentation to Licensee for Licensee to use solely in connection with Licensee’s use of the Software during the term of this Agreement. Licensee may print or copy the Documentation as needed for its own purposes provided that all copyright notices are included therein. The Documentation shall be considered the Confidential Information of Applitools. \n   1. Reservation of Rights; Use Restrictions. Other than the rights explicitly granted in this Agreement, Licensee shall have no other rights, express or implied, in the Software. Without limiting the generality of the foregoing, Licensee agrees and undertakes not to: (i) allow any third party to use the Software in any manner, including but not limited to, sell, lease, sublicense or distribute the Software, or any part thereof; (ii) modify, revise, or alter the Software or reverse engineer, decompile, disassemble or otherwise reduce to human-perceivable form the Software’s source code; (iii) copy or allow copies of the Software to be made; (iv) remove, alter or obscure any proprietary notice or identification, including copyright, trademark, patent or other notices, contained in or displayed on or via the Software; (v) use the Software to violate any applicable laws, rules or regulations, or for any unlawful, harmful, irresponsible, or inappropriate purpose, or in any manner that breaches this Agreement, and/or (vi) represent that it possesses any proprietary interest in the Software.\n   1. Third Party Software. Licensee acknowledges and agrees that any third party software (“Third Party Software”) that provided with the Software is provided under the terms of the license attached/linked thereto or, if no such license is attached, such Third Party Software is provided for free and on “AS IS” basis. Applitools is not liable for any losses or damages which may occur resulting from the use of any Third Party Software. Applitools does not possess any proprietary interest in such Third Party Software. \n   1. Open Source Licenses. The Software includes certain open source code software and materials (as shall be listed in the documentation of the Software) (“Open Source Software”) that are subject to their respective open source licenses (“Open Source Licenses”). Such Open Source Licenses contain a list of conditions with respect to warranty, copyright policy and other provisions. By executing this Agreement, Licensee undertakes to strictly comply with the terms and condition of the Open Source Licenses, as may be amended from time to time. In order to comply with the Open Source Licenses, Licensee shall read the respective licenses or notices, such list of Open Source Licenses may be amended from time to time by Applitools, at its sole discretion. In the event of any inconsistencies or conflicting provisions between the provisions of the Open Source Licenses and the provisions of this Agreement, the provisions of the Open Source Licenses shall prevail. Without derogating from the generality of the foregoing, it is clarified that any Open Source Software is provided on an “AS IS” basis, without indemnity or warranty of any kind, whether express or implied. For clarity, the representations and warranties set forth in Section ‎4 hereunder shall not apply to any Open Source Software.\n1. Title & Ownership. APPLITOOLS DOES NOT SELL OR TRANSFER TITLE IN THE SOFTWARE, OR ANY PART THEREOF, TO LICENSEE. The Documentation, Software (excluding any Open Source Software and Third Party Software therein which are owned by their respective licensors) and/or any copies thereof, including without limitation any derivative works made (regardless of whether such derivative works were made and/or developed pursuant to the request and/or specifications of Licensee, and irrespective of any support and/or assistance Applitools may, will or had received from Licensee, or any third party on its behalf, with respect thereto), as well as any updates or upgrades thereto, if provided to Applitools pursuant to this Agreement, shall remain Applitools’ sole and exclusive property. All Intellectual Property Rights evidenced by or embodied in and/or attached/connected/related to the Software, or part thereof, are and shall be owned solely and exclusively by Applitools. Nothing in this Agreement shall constitute a waiver of Applitools’ Intellectual Property Rights under any law, or be in any way construed or interpreted as such. It is further agreed that to the extent Licensee provides Applitools with Feedback, Licensee acknowledges that any and all rights, including Intellectual Property Rights in such Feedback shall belong exclusively to Applitools and Licensee hereby irrevocably and unconditionally transfers and assigns to Applitools all intellectual property rights in such Feedback and waives any and all moral rights that Licensee may have in respect thereto. It is further understood that use of Feedback, if any, may be made by Applitools at its sole discretion, and that Applitools in no way shall be obliged to make use of any kind of the Feedback or part thereof. \n1. Warranty. Applitools warrants that to its knowledge it has the right to grant the license under this Agreement. Applitools’ sole liability for any breach of this warranty or any other warranty under this Agreement shall be, at Applitools’ sole discretion: (i) to replace or repair the Software or the applicable portion thereof; or (ii) to terminate this Agreement.\n2. Warranty Exclusions. The warranties set forth in Section ‎4 are contingent upon Licensee’s proper use of the Software, and shall not apply to damage caused by abuse, misuse, alteration, neglect or unauthorized repair or installation, or by the use or attempted use of Software other than that supplied and supported by Applitools. Applitools will use reasonable commercial efforts to repair or replace the Software or the applicable portion thereof, pursuant to the foregoing warranty within thirty (30) days of being so notified.\n1. Warranty Disclaimers. AS BETWEEN LICENSEE AND APPLITOOLS, EXCEPT AS SET IN SECTION ‎4, THE SOFTWARE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND INCLUDING, WITHOUT LIMITATION, REPRESENTATIONS, WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR INTENDED OR PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, THAT THE SOFTWARE WILL MEET LICENSEE’S REQUIREMENTS OR EXPECTATIONS OR WILL ACHIEVE ANY SPECIFIC RESULTS AND THOSE ARISING BY STATUTE OR FROM A COURSE OF DEALING OR USAGE OF TRADE. Applicable law may not allow the exclusion of certain warranties, so to that extent such exclusions may not apply.\n1. High Risk Activities. You acknowledge that the Software is not fault tolerant and is not designed, manufactured, or intended for use or resale as on-line control equipment in hazardous or high risk environments and activities requiring fail-safe performance (such as in the operation of nuclear facilities, aircraft navigation or communication systems, air traffic control, direct life support machines and/or devices, or weapons systems) in which the failure of the Software could lead directly to death, personal injury, or severe physical or environmental damage, and You agree not to use or allow the use of the Software or any portion thereof for, or in connection with, any such environment or activity.\n1. Indemnify. You agree that Applitools shall have no liability whatsoever for any use made of the Software by You or any third party. You hereby agree to defend, indemnify and hold harmless Applitools and its affiliates and their respective officers, directors, agents and employees from any and all claims, damages, liabilities, costs, and expenses (including attorney’s fees) arising from claims related to Your use of the Software as well as from Your failure to comply with this Agreement.\n1. Limitation of Liability. UNDER NO CIRCUMSTANCES SHALL APPLITOOLS AND/OR ITS AFFILIATES BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, OR FOR ANY LOSS OF DATA, REVENUE, BUSINESS OR REPUTATION, THAT ARISES UNDER OR IN CONNECTION WITH THIS AGREEMENT, OR THAT RESULTS FROM THE USE OF, OR THE INABILITY TO USE, THE SOFTWARE. APPLITOOLS’S TOTAL AGGREGATE LIABILITY FOR ANY AND ALL DIRECT DAMAGES AND LOSSES THAT ARISE UNDER OR IN CONNECTION WITH THIS AGREEMENT SHALL NOT IN ANY CIRCUMSTANCE EXCEED THE AMOUNT OF 100.00 (ONE HUNDRED) UNITED STATES DOLLARS. THE FOREGOING LIMITATIONS AND EXCLUSIONS IN THIS SECTION ‎7 SHALL APPLY: (I) EVEN IF APPLITOOLS HAS BEEN ADVISED OF THE POSSIBILITY OF ANY DAMAGES OR LOSSES; (II) EVEN IF ANY REMEDY SET FORTH HEREIN FAILS OF ITS ESSENTIAL PURPOSE; AND (III) REGARDLESS OF THE BASIS OR THEORY OF LIABILITY.\n1. Export Laws. Licensee agrees to comply fully with all U.S., EU, Israeli, and all applicable export laws and regulations to ensure that neither the Software nor any technical data related thereto are exported or re-exported directly or indirectly in violation of, or used for any purposes prohibited by, such laws and regulations. For clarity, and without derogating from Section ‎11 below, in case of any change of any applicable law, policy or regulation, which might affect Applitools’ business, Applitools will have the right to terminate this Agreement and the license granted hereunder and the Licensee shall have no claims regarding such termination. \n1. Term and Termination. This Agreement shall continue until terminated as set forth in this section (the “Term”). You may terminate this Agreement at any time by removing the Software from Your system and destroying all copies of the Software and Documentation relating to the Software. Unauthorized copying of the Software or otherwise failing to comply with this Agreement will result in automatic immediate termination of this Agreement and will make available to Applitools legal remedies. Applitools reserves the right to terminate this Agreement and the License at any time and without notice. Upon termination of this Agreement, the License will terminate and You: (i) will cease any and all rights to use the Software, and (ii) will remove the Software from all hard drives, networks and other storage media and destroy all copies of the Software in your possession or under your control. The provisions of Sections ‎2.3, ‎2.4, ‎2.5, ‎6, ‎7, ‎8, ‎9, 10, ‎11 and ‎12 shall survive the termination, expiration or other ending of this Agreement.\n1. Miscellaneous. This Agreement represents the complete agreement concerning the Software between You and Applitools and supersedes all prior agreements and representations between You and Applitools. If any provision of this Agreement is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable. Any waiver of any provision of this Agreement will be effective only if in writing and signed by Applitools. This Agreement is personal to You and may not be assigned or transferred for any reason whatsoever without the consent of Applitools and any action or conduct in violation of the foregoing shall be void and without effect. Applitools expressly reserves the right to assign this Agreement and to delegate any of its obligations hereunder. This Agreement are governed by and construed under the laws of the State of Israel, excluding its conflicts of law rules. You expressly agree that the exclusive jurisdiction for any claim or action arising out of or relating to this Agreement shall be the courts located in Tel Aviv, Israel, and You further agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action. 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BY INSTALLING, ACCESSING AND/OR USING THE SOFTWARE (AS DEFINED BELOW), YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOU, OR THE COMPANY YOU REPRESENT, (“YOU” OR “LICENSEE”) ARE ENTERING INTO A LEGAL AGREEMENT WITH APPLITOOLS LTD. AND ITS AFFILIATES (“APPLITOOLS”), AND HAVE UNDERSTOOD AND AGREE TO COMPLY WITH, AND BE LEGALLY BOUND BY, THE TERMS AND CONDITIONS OF THIS AGREEMENT. YOU HEREBY WAIVE ANY RIGHTS OR REQUIREMENTS UNDER ANY LAWS OR REGULATIONS IN ANY JURISDICTION WHICH REQUIRE AN ORIGINAL (NON-ELECTRONIC) SIGNATURE OR DELIVERY OR RETENTION OF NON-ELECTRONIC RECORDS, TO THE EXTENT PERMITTED UNDER APPLICABLE LAW. \nTHE SOFTWARE MAY BE USED SOLELY FOR YOUR PERSONAL, NON-COMMERCIAL PURPOSES. FOR COMMERCIAL PURPOSES PLEASE CONTACT THE REGIONAL APPLITOOLS BUSINESS REPRESENTATIVE. \n1. Definitions. For purposes of this Agreement, the following capitalized terms shall have the following meaning:\n   1. “Documentation” means the user’s guides and technical manuals delivered by Applitools to Licensee.\n   2.  “Feedback” means suggestions, comments or feedback (whether orally or in writing) with respect to the Software.\n   3. “Intellectual Property Rights” means all intangible legal rights, titles and interests evidenced by or embodied in all: (i) inventions (regardless of patentability and whether or not reduced to practice), improvements thereto, patents, patent applications, patent disclosures, together with all reissuances, continuations, continuations in part, revisions, extensions and reexaminations thereof; (ii) trademarks, service marks, trade dress, logos, trade names, corporate names, together with translations, adaptations, derivations and combinations thereof, including goodwill associated therewith, and applications, registrations, and renewals in connection therewith; (iii) any work of authorship, regardless of copyrightable, copyrightable works, copyrights (including moral rights), and applications, registrations and renewals in connection therewith; (iv) mask works and applications, registrations and renewals in connection therewith; (v) trade secrets and Confidential Information; and (vi) other proprietary rights and any other similar rights, in each case on a worldwide basis, and copies and tangible embodiments thereof, in whatever form or medium.\n   4. “License” means the right to use the Software pursuant to Section ‎2.1 to this Agreement.\n   5.  “Software” means Applitools’ software development kit software in object or source code version, Documentation and any updates and upgrade thereto (to the extent delivered).\n1. License\n   1. Grant of License. Subject to the terms and conditions of this Agreement, Applitools grants You, during the Term, a personal, non-exclusive, non-sublicensable, non-transferable, revocable license to: (i) use the Software solely for Your own personal (non-commercial) use and (ii) use and display Applitools’ Marks solely for the purpose of publicizing or advertising that You are using the Software. \n   2. Documentation. Applitools may make available Documentation to Licensee for Licensee to use solely in connection with Licensee’s use of the Software during the term of this Agreement. Licensee may print or copy the Documentation as needed for its own purposes provided that all copyright notices are included therein. The Documentation shall be considered the Confidential Information of Applitools. \n   1. Reservation of Rights; Use Restrictions. Other than the rights explicitly granted in this Agreement, Licensee shall have no other rights, express or implied, in the Software. Without limiting the generality of the foregoing, Licensee agrees and undertakes not to: (i) allow any third party to use the Software in any manner, including but not limited to, sell, lease, sublicense or distribute the Software, or any part thereof; (ii) modify, revise, or alter the Software or reverse engineer, decompile, disassemble or otherwise reduce to human-perceivable form the Software’s source code; (iii) copy or allow copies of the Software to be made; (iv) remove, alter or obscure any proprietary notice or identification, including copyright, trademark, patent or other notices, contained in or displayed on or via the Software; (v) use the Software to violate any applicable laws, rules or regulations, or for any unlawful, harmful, irresponsible, or inappropriate purpose, or in any manner that breaches this Agreement, and/or (vi) represent that it possesses any proprietary interest in the Software.\n   1. Third Party Software. Licensee acknowledges and agrees that any third party software (“Third Party Software”) that provided with the Software is provided under the terms of the license attached/linked thereto or, if no such license is attached, such Third Party Software is provided for free and on “AS IS” basis. Applitools is not liable for any losses or damages which may occur resulting from the use of any Third Party Software. Applitools does not possess any proprietary interest in such Third Party Software. \n   1. Open Source Licenses. The Software includes certain open source code software and materials (as shall be listed in the documentation of the Software) (“Open Source Software”) that are subject to their respective open source licenses (“Open Source Licenses”). Such Open Source Licenses contain a list of conditions with respect to warranty, copyright policy and other provisions. By executing this Agreement, Licensee undertakes to strictly comply with the terms and condition of the Open Source Licenses, as may be amended from time to time. In order to comply with the Open Source Licenses, Licensee shall read the respective licenses or notices, such list of Open Source Licenses may be amended from time to time by Applitools, at its sole discretion. In the event of any inconsistencies or conflicting provisions between the provisions of the Open Source Licenses and the provisions of this Agreement, the provisions of the Open Source Licenses shall prevail. Without derogating from the generality of the foregoing, it is clarified that any Open Source Software is provided on an “AS IS” basis, without indemnity or warranty of any kind, whether express or implied. For clarity, the representations and warranties set forth in Section ‎4 hereunder shall not apply to any Open Source Software.\n1. Title & Ownership. APPLITOOLS DOES NOT SELL OR TRANSFER TITLE IN THE SOFTWARE, OR ANY PART THEREOF, TO LICENSEE. The Documentation, Software (excluding any Open Source Software and Third Party Software therein which are owned by their respective licensors) and/or any copies thereof, including without limitation any derivative works made (regardless of whether such derivative works were made and/or developed pursuant to the request and/or specifications of Licensee, and irrespective of any support and/or assistance Applitools may, will or had received from Licensee, or any third party on its behalf, with respect thereto), as well as any updates or upgrades thereto, if provided to Applitools pursuant to this Agreement, shall remain Applitools’ sole and exclusive property. All Intellectual Property Rights evidenced by or embodied in and/or attached/connected/related to the Software, or part thereof, are and shall be owned solely and exclusively by Applitools. Nothing in this Agreement shall constitute a waiver of Applitools’ Intellectual Property Rights under any law, or be in any way construed or interpreted as such. It is further agreed that to the extent Licensee provides Applitools with Feedback, Licensee acknowledges that any and all rights, including Intellectual Property Rights in such Feedback shall belong exclusively to Applitools and Licensee hereby irrevocably and unconditionally transfers and assigns to Applitools all intellectual property rights in such Feedback and waives any and all moral rights that Licensee may have in respect thereto. It is further understood that use of Feedback, if any, may be made by Applitools at its sole discretion, and that Applitools in no way shall be obliged to make use of any kind of the Feedback or part thereof. \n1. Warranty. Applitools warrants that to its knowledge it has the right to grant the license under this Agreement. Applitools’ sole liability for any breach of this warranty or any other warranty under this Agreement shall be, at Applitools’ sole discretion: (i) to replace or repair the Software or the applicable portion thereof; or (ii) to terminate this Agreement.\n2. Warranty Exclusions. The warranties set forth in Section ‎4 are contingent upon Licensee’s proper use of the Software, and shall not apply to damage caused by abuse, misuse, alteration, neglect or unauthorized repair or installation, or by the use or attempted use of Software other than that supplied and supported by Applitools. Applitools will use reasonable commercial efforts to repair or replace the Software or the applicable portion thereof, pursuant to the foregoing warranty within thirty (30) days of being so notified.\n1. Warranty Disclaimers. AS BETWEEN LICENSEE AND APPLITOOLS, EXCEPT AS SET IN SECTION ‎4, THE SOFTWARE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND INCLUDING, WITHOUT LIMITATION, REPRESENTATIONS, WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR INTENDED OR PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, THAT THE SOFTWARE WILL MEET LICENSEE’S REQUIREMENTS OR EXPECTATIONS OR WILL ACHIEVE ANY SPECIFIC RESULTS AND THOSE ARISING BY STATUTE OR FROM A COURSE OF DEALING OR USAGE OF TRADE. Applicable law may not allow the exclusion of certain warranties, so to that extent such exclusions may not apply.\n1. High Risk Activities. You acknowledge that the Software is not fault tolerant and is not designed, manufactured, or intended for use or resale as on-line control equipment in hazardous or high risk environments and activities requiring fail-safe performance (such as in the operation of nuclear facilities, aircraft navigation or communication systems, air traffic control, direct life support machines and/or devices, or weapons systems) in which the failure of the Software could lead directly to death, personal injury, or severe physical or environmental damage, and You agree not to use or allow the use of the Software or any portion thereof for, or in connection with, any such environment or activity.\n1. Indemnify. You agree that Applitools shall have no liability whatsoever for any use made of the Software by You or any third party. You hereby agree to defend, indemnify and hold harmless Applitools and its affiliates and their respective officers, directors, agents and employees from any and all claims, damages, liabilities, costs, and expenses (including attorney’s fees) arising from claims related to Your use of the Software as well as from Your failure to comply with this Agreement.\n1. Limitation of Liability. UNDER NO CIRCUMSTANCES SHALL APPLITOOLS AND/OR ITS AFFILIATES BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, OR FOR ANY LOSS OF DATA, REVENUE, BUSINESS OR REPUTATION, THAT ARISES UNDER OR IN CONNECTION WITH THIS AGREEMENT, OR THAT RESULTS FROM THE USE OF, OR THE INABILITY TO USE, THE SOFTWARE. APPLITOOLS’S TOTAL AGGREGATE LIABILITY FOR ANY AND ALL DIRECT DAMAGES AND LOSSES THAT ARISE UNDER OR IN CONNECTION WITH THIS AGREEMENT SHALL NOT IN ANY CIRCUMSTANCE EXCEED THE AMOUNT OF 100.00 (ONE HUNDRED) UNITED STATES DOLLARS. THE FOREGOING LIMITATIONS AND EXCLUSIONS IN THIS SECTION ‎7 SHALL APPLY: (I) EVEN IF APPLITOOLS HAS BEEN ADVISED OF THE POSSIBILITY OF ANY DAMAGES OR LOSSES; (II) EVEN IF ANY REMEDY SET FORTH HEREIN FAILS OF ITS ESSENTIAL PURPOSE; AND (III) REGARDLESS OF THE BASIS OR THEORY OF LIABILITY.\n1. Export Laws. Licensee agrees to comply fully with all U.S., EU, Israeli, and all applicable export laws and regulations to ensure that neither the Software nor any technical data related thereto are exported or re-exported directly or indirectly in violation of, or used for any purposes prohibited by, such laws and regulations. For clarity, and without derogating from Section ‎11 below, in case of any change of any applicable law, policy or regulation, which might affect Applitools’ business, Applitools will have the right to terminate this Agreement and the license granted hereunder and the Licensee shall have no claims regarding such termination. \n1. Term and Termination. This Agreement shall continue until terminated as set forth in this section (the “Term”). You may terminate this Agreement at any time by removing the Software from Your system and destroying all copies of the Software and Documentation relating to the Software. Unauthorized copying of the Software or otherwise failing to comply with this Agreement will result in automatic immediate termination of this Agreement and will make available to Applitools legal remedies. Applitools reserves the right to terminate this Agreement and the License at any time and without notice. Upon termination of this Agreement, the License will terminate and You: (i) will cease any and all rights to use the Software, and (ii) will remove the Software from all hard drives, networks and other storage media and destroy all copies of the Software in your possession or under your control. The provisions of Sections ‎2.3, ‎2.4, ‎2.5, ‎6, ‎7, ‎8, ‎9, 10, ‎11 and ‎12 shall survive the termination, expiration or other ending of this Agreement.\n1. Miscellaneous. This Agreement represents the complete agreement concerning the Software between You and Applitools and supersedes all prior agreements and representations between You and Applitools. If any provision of this Agreement is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable. Any waiver of any provision of this Agreement will be effective only if in writing and signed by Applitools. This Agreement is personal to You and may not be assigned or transferred for any reason whatsoever without the consent of Applitools and any action or conduct in violation of the foregoing shall be void and without effect. Applitools expressly reserves the right to assign this Agreement and to delegate any of its obligations hereunder. This Agreement are governed by and construed under the laws of the State of Israel, excluding its conflicts of law rules. You expressly agree that the exclusive jurisdiction for any claim or action arising out of or relating to this Agreement shall be the courts located in Tel Aviv, Israel, and You further agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action. 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BY INSTALLING, ACCESSING AND/OR USING THE SOFTWARE (AS DEFINED BELOW), YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOU, OR THE COMPANY YOU REPRESENT, (“YOU” OR “LICENSEE”) ARE ENTERING INTO A LEGAL AGREEMENT WITH APPLITOOLS LTD. AND ITS AFFILIATES (“APPLITOOLS”), AND HAVE UNDERSTOOD AND AGREE TO COMPLY WITH, AND BE LEGALLY BOUND BY, THE TERMS AND CONDITIONS OF THIS AGREEMENT. YOU HEREBY WAIVE ANY RIGHTS OR REQUIREMENTS UNDER ANY LAWS OR REGULATIONS IN ANY JURISDICTION WHICH REQUIRE AN ORIGINAL (NON-ELECTRONIC) SIGNATURE OR DELIVERY OR RETENTION OF NON-ELECTRONIC RECORDS, TO THE EXTENT PERMITTED UNDER APPLICABLE LAW. \nTHE SOFTWARE MAY BE USED SOLELY FOR YOUR PERSONAL, NON-COMMERCIAL PURPOSES. FOR COMMERCIAL PURPOSES PLEASE CONTACT THE REGIONAL APPLITOOLS BUSINESS REPRESENTATIVE. \n1. Definitions. For purposes of this Agreement, the following capitalized terms shall have the following meaning:\n   1. “Documentation” means the user’s guides and technical manuals delivered by Applitools to Licensee.\n   2.  “Feedback” means suggestions, comments or feedback (whether orally or in writing) with respect to the Software.\n   3. “Intellectual Property Rights” means all intangible legal rights, titles and interests evidenced by or embodied in all: (i) inventions (regardless of patentability and whether or not reduced to practice), improvements thereto, patents, patent applications, patent disclosures, together with all reissuances, continuations, continuations in part, revisions, extensions and reexaminations thereof; (ii) trademarks, service marks, trade dress, logos, trade names, corporate names, together with translations, adaptations, derivations and combinations thereof, including goodwill associated therewith, and applications, registrations, and renewals in connection therewith; (iii) any work of authorship, regardless of copyrightable, copyrightable works, copyrights (including moral rights), and applications, registrations and renewals in connection therewith; (iv) mask works and applications, registrations and renewals in connection therewith; (v) trade secrets and Confidential Information; and (vi) other proprietary rights and any other similar rights, in each case on a worldwide basis, and copies and tangible embodiments thereof, in whatever form or medium.\n   4. “License” means the right to use the Software pursuant to Section ‎2.1 to this Agreement.\n   5.  “Software” means Applitools’ software development kit software in object or source code version, Documentation and any updates and upgrade thereto (to the extent delivered).\n1. License\n   1. Grant of License. Subject to the terms and conditions of this Agreement, Applitools grants You, during the Term, a personal, non-exclusive, non-sublicensable, non-transferable, revocable license to: (i) use the Software solely for Your own personal (non-commercial) use and (ii) use and display Applitools’ Marks solely for the purpose of publicizing or advertising that You are using the Software. \n   2. Documentation. Applitools may make available Documentation to Licensee for Licensee to use solely in connection with Licensee’s use of the Software during the term of this Agreement. Licensee may print or copy the Documentation as needed for its own purposes provided that all copyright notices are included therein. The Documentation shall be considered the Confidential Information of Applitools. \n   1. Reservation of Rights; Use Restrictions. Other than the rights explicitly granted in this Agreement, Licensee shall have no other rights, express or implied, in the Software. Without limiting the generality of the foregoing, Licensee agrees and undertakes not to: (i) allow any third party to use the Software in any manner, including but not limited to, sell, lease, sublicense or distribute the Software, or any part thereof; (ii) modify, revise, or alter the Software or reverse engineer, decompile, disassemble or otherwise reduce to human-perceivable form the Software’s source code; (iii) copy or allow copies of the Software to be made; (iv) remove, alter or obscure any proprietary notice or identification, including copyright, trademark, patent or other notices, contained in or displayed on or via the Software; (v) use the Software to violate any applicable laws, rules or regulations, or for any unlawful, harmful, irresponsible, or inappropriate purpose, or in any manner that breaches this Agreement, and/or (vi) represent that it possesses any proprietary interest in the Software.\n   1. Third Party Software. Licensee acknowledges and agrees that any third party software (“Third Party Software”) that provided with the Software is provided under the terms of the license attached/linked thereto or, if no such license is attached, such Third Party Software is provided for free and on “AS IS” basis. Applitools is not liable for any losses or damages which may occur resulting from the use of any Third Party Software. Applitools does not possess any proprietary interest in such Third Party Software. \n   1. Open Source Licenses. The Software includes certain open source code software and materials (as shall be listed in the documentation of the Software) (“Open Source Software”) that are subject to their respective open source licenses (“Open Source Licenses”). Such Open Source Licenses contain a list of conditions with respect to warranty, copyright policy and other provisions. By executing this Agreement, Licensee undertakes to strictly comply with the terms and condition of the Open Source Licenses, as may be amended from time to time. In order to comply with the Open Source Licenses, Licensee shall read the respective licenses or notices, such list of Open Source Licenses may be amended from time to time by Applitools, at its sole discretion. In the event of any inconsistencies or conflicting provisions between the provisions of the Open Source Licenses and the provisions of this Agreement, the provisions of the Open Source Licenses shall prevail. Without derogating from the generality of the foregoing, it is clarified that any Open Source Software is provided on an “AS IS” basis, without indemnity or warranty of any kind, whether express or implied. For clarity, the representations and warranties set forth in Section ‎4 hereunder shall not apply to any Open Source Software.\n1. Title & Ownership. APPLITOOLS DOES NOT SELL OR TRANSFER TITLE IN THE SOFTWARE, OR ANY PART THEREOF, TO LICENSEE. The Documentation, Software (excluding any Open Source Software and Third Party Software therein which are owned by their respective licensors) and/or any copies thereof, including without limitation any derivative works made (regardless of whether such derivative works were made and/or developed pursuant to the request and/or specifications of Licensee, and irrespective of any support and/or assistance Applitools may, will or had received from Licensee, or any third party on its behalf, with respect thereto), as well as any updates or upgrades thereto, if provided to Applitools pursuant to this Agreement, shall remain Applitools’ sole and exclusive property. All Intellectual Property Rights evidenced by or embodied in and/or attached/connected/related to the Software, or part thereof, are and shall be owned solely and exclusively by Applitools. Nothing in this Agreement shall constitute a waiver of Applitools’ Intellectual Property Rights under any law, or be in any way construed or interpreted as such. It is further agreed that to the extent Licensee provides Applitools with Feedback, Licensee acknowledges that any and all rights, including Intellectual Property Rights in such Feedback shall belong exclusively to Applitools and Licensee hereby irrevocably and unconditionally transfers and assigns to Applitools all intellectual property rights in such Feedback and waives any and all moral rights that Licensee may have in respect thereto. It is further understood that use of Feedback, if any, may be made by Applitools at its sole discretion, and that Applitools in no way shall be obliged to make use of any kind of the Feedback or part thereof. \n1. Warranty. Applitools warrants that to its knowledge it has the right to grant the license under this Agreement. Applitools’ sole liability for any breach of this warranty or any other warranty under this Agreement shall be, at Applitools’ sole discretion: (i) to replace or repair the Software or the applicable portion thereof; or (ii) to terminate this Agreement.\n2. Warranty Exclusions. The warranties set forth in Section ‎4 are contingent upon Licensee’s proper use of the Software, and shall not apply to damage caused by abuse, misuse, alteration, neglect or unauthorized repair or installation, or by the use or attempted use of Software other than that supplied and supported by Applitools. Applitools will use reasonable commercial efforts to repair or replace the Software or the applicable portion thereof, pursuant to the foregoing warranty within thirty (30) days of being so notified.\n1. Warranty Disclaimers. AS BETWEEN LICENSEE AND APPLITOOLS, EXCEPT AS SET IN SECTION ‎4, THE SOFTWARE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND INCLUDING, WITHOUT LIMITATION, REPRESENTATIONS, WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR INTENDED OR PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, THAT THE SOFTWARE WILL MEET LICENSEE’S REQUIREMENTS OR EXPECTATIONS OR WILL ACHIEVE ANY SPECIFIC RESULTS AND THOSE ARISING BY STATUTE OR FROM A COURSE OF DEALING OR USAGE OF TRADE. Applicable law may not allow the exclusion of certain warranties, so to that extent such exclusions may not apply.\n1. High Risk Activities. You acknowledge that the Software is not fault tolerant and is not designed, manufactured, or intended for use or resale as on-line control equipment in hazardous or high risk environments and activities requiring fail-safe performance (such as in the operation of nuclear facilities, aircraft navigation or communication systems, air traffic control, direct life support machines and/or devices, or weapons systems) in which the failure of the Software could lead directly to death, personal injury, or severe physical or environmental damage, and You agree not to use or allow the use of the Software or any portion thereof for, or in connection with, any such environment or activity.\n1. Indemnify. You agree that Applitools shall have no liability whatsoever for any use made of the Software by You or any third party. You hereby agree to defend, indemnify and hold harmless Applitools and its affiliates and their respective officers, directors, agents and employees from any and all claims, damages, liabilities, costs, and expenses (including attorney’s fees) arising from claims related to Your use of the Software as well as from Your failure to comply with this Agreement.\n1. Limitation of Liability. UNDER NO CIRCUMSTANCES SHALL APPLITOOLS AND/OR ITS AFFILIATES BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, OR FOR ANY LOSS OF DATA, REVENUE, BUSINESS OR REPUTATION, THAT ARISES UNDER OR IN CONNECTION WITH THIS AGREEMENT, OR THAT RESULTS FROM THE USE OF, OR THE INABILITY TO USE, THE SOFTWARE. APPLITOOLS’S TOTAL AGGREGATE LIABILITY FOR ANY AND ALL DIRECT DAMAGES AND LOSSES THAT ARISE UNDER OR IN CONNECTION WITH THIS AGREEMENT SHALL NOT IN ANY CIRCUMSTANCE EXCEED THE AMOUNT OF 100.00 (ONE HUNDRED) UNITED STATES DOLLARS. THE FOREGOING LIMITATIONS AND EXCLUSIONS IN THIS SECTION ‎7 SHALL APPLY: (I) EVEN IF APPLITOOLS HAS BEEN ADVISED OF THE POSSIBILITY OF ANY DAMAGES OR LOSSES; (II) EVEN IF ANY REMEDY SET FORTH HEREIN FAILS OF ITS ESSENTIAL PURPOSE; AND (III) REGARDLESS OF THE BASIS OR THEORY OF LIABILITY.\n1. Export Laws. Licensee agrees to comply fully with all U.S., EU, Israeli, and all applicable export laws and regulations to ensure that neither the Software nor any technical data related thereto are exported or re-exported directly or indirectly in violation of, or used for any purposes prohibited by, such laws and regulations. For clarity, and without derogating from Section ‎11 below, in case of any change of any applicable law, policy or regulation, which might affect Applitools’ business, Applitools will have the right to terminate this Agreement and the license granted hereunder and the Licensee shall have no claims regarding such termination. \n1. Term and Termination. This Agreement shall continue until terminated as set forth in this section (the “Term”). You may terminate this Agreement at any time by removing the Software from Your system and destroying all copies of the Software and Documentation relating to the Software. Unauthorized copying of the Software or otherwise failing to comply with this Agreement will result in automatic immediate termination of this Agreement and will make available to Applitools legal remedies. Applitools reserves the right to terminate this Agreement and the License at any time and without notice. Upon termination of this Agreement, the License will terminate and You: (i) will cease any and all rights to use the Software, and (ii) will remove the Software from all hard drives, networks and other storage media and destroy all copies of the Software in your possession or under your control. The provisions of Sections ‎2.3, ‎2.4, ‎2.5, ‎6, ‎7, ‎8, ‎9, 10, ‎11 and ‎12 shall survive the termination, expiration or other ending of this Agreement.\n1. Miscellaneous. This Agreement represents the complete agreement concerning the Software between You and Applitools and supersedes all prior agreements and representations between You and Applitools. If any provision of this Agreement is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable. Any waiver of any provision of this Agreement will be effective only if in writing and signed by Applitools. This Agreement is personal to You and may not be assigned or transferred for any reason whatsoever without the consent of Applitools and any action or conduct in violation of the foregoing shall be void and without effect. Applitools expressly reserves the right to assign this Agreement and to delegate any of its obligations hereunder. This Agreement are governed by and construed under the laws of the State of Israel, excluding its conflicts of law rules. You expressly agree that the exclusive jurisdiction for any claim or action arising out of or relating to this Agreement shall be the courts located in Tel Aviv, Israel, and You further agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action. In any action or proceeding to enforce rights under this Agreement, the prevailing party shall be entitled to recover costs and attorneys’ 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BY INSTALLING, ACCESSING AND/OR USING THE SOFTWARE (AS DEFINED BELOW), YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOU, OR THE COMPANY YOU REPRESENT, (“YOU” OR “LICENSEE”) ARE ENTERING INTO A LEGAL AGREEMENT WITH APPLITOOLS LTD. AND ITS AFFILIATES (“APPLITOOLS”), AND HAVE UNDERSTOOD AND AGREE TO COMPLY WITH, AND BE LEGALLY BOUND BY, THE TERMS AND CONDITIONS OF THIS AGREEMENT. YOU HEREBY WAIVE ANY RIGHTS OR REQUIREMENTS UNDER ANY LAWS OR REGULATIONS IN ANY JURISDICTION WHICH REQUIRE AN ORIGINAL (NON-ELECTRONIC) SIGNATURE OR DELIVERY OR RETENTION OF NON-ELECTRONIC RECORDS, TO THE EXTENT PERMITTED UNDER APPLICABLE LAW. \nTHE SOFTWARE MAY BE USED SOLELY FOR YOUR PERSONAL, NON-COMMERCIAL PURPOSES. FOR COMMERCIAL PURPOSES PLEASE CONTACT THE REGIONAL APPLITOOLS BUSINESS REPRESENTATIVE. \n1. Definitions. For purposes of this Agreement, the following capitalized terms shall have the following meaning:\n   1. “Documentation” means the user’s guides and technical manuals delivered by Applitools to Licensee.\n   2.  “Feedback” means suggestions, comments or feedback (whether orally or in writing) with respect to the Software.\n   3. “Intellectual Property Rights” means all intangible legal rights, titles and interests evidenced by or embodied in all: (i) inventions (regardless of patentability and whether or not reduced to practice), improvements thereto, patents, patent applications, patent disclosures, together with all reissuances, continuations, continuations in part, revisions, extensions and reexaminations thereof; (ii) trademarks, service marks, trade dress, logos, trade names, corporate names, together with translations, adaptations, derivations and combinations thereof, including goodwill associated therewith, and applications, registrations, and renewals in connection therewith; (iii) any work of authorship, regardless of copyrightable, copyrightable works, copyrights (including moral rights), and applications, registrations and renewals in connection therewith; (iv) mask works and applications, registrations and renewals in connection therewith; (v) trade secrets and Confidential Information; and (vi) other proprietary rights and any other similar rights, in each case on a worldwide basis, and copies and tangible embodiments thereof, in whatever form or medium.\n   4. “License” means the right to use the Software pursuant to Section ‎2.1 to this Agreement.\n   5.  “Software” means Applitools’ software development kit software in object or source code version, Documentation and any updates and upgrade thereto (to the extent delivered).\n1. License\n   1. Grant of License. Subject to the terms and conditions of this Agreement, Applitools grants You, during the Term, a personal, non-exclusive, non-sublicensable, non-transferable, revocable license to: (i) use the Software solely for Your own personal (non-commercial) use and (ii) use and display Applitools’ Marks solely for the purpose of publicizing or advertising that You are using the Software. \n   2. Documentation. Applitools may make available Documentation to Licensee for Licensee to use solely in connection with Licensee’s use of the Software during the term of this Agreement. Licensee may print or copy the Documentation as needed for its own purposes provided that all copyright notices are included therein. The Documentation shall be considered the Confidential Information of Applitools. \n   1. Reservation of Rights; Use Restrictions. Other than the rights explicitly granted in this Agreement, Licensee shall have no other rights, express or implied, in the Software. Without limiting the generality of the foregoing, Licensee agrees and undertakes not to: (i) allow any third party to use the Software in any manner, including but not limited to, sell, lease, sublicense or distribute the Software, or any part thereof; (ii) modify, revise, or alter the Software or reverse engineer, decompile, disassemble or otherwise reduce to human-perceivable form the Software’s source code; (iii) copy or allow copies of the Software to be made; (iv) remove, alter or obscure any proprietary notice or identification, including copyright, trademark, patent or other notices, contained in or displayed on or via the Software; (v) use the Software to violate any applicable laws, rules or regulations, or for any unlawful, harmful, irresponsible, or inappropriate purpose, or in any manner that breaches this Agreement, and/or (vi) represent that it possesses any proprietary interest in the Software.\n   1. Third Party Software. Licensee acknowledges and agrees that any third party software (“Third Party Software”) that provided with the Software is provided under the terms of the license attached/linked thereto or, if no such license is attached, such Third Party Software is provided for free and on “AS IS” basis. Applitools is not liable for any losses or damages which may occur resulting from the use of any Third Party Software. Applitools does not possess any proprietary interest in such Third Party Software. \n   1. Open Source Licenses. The Software includes certain open source code software and materials (as shall be listed in the documentation of the Software) (“Open Source Software”) that are subject to their respective open source licenses (“Open Source Licenses”). Such Open Source Licenses contain a list of conditions with respect to warranty, copyright policy and other provisions. By executing this Agreement, Licensee undertakes to strictly comply with the terms and condition of the Open Source Licenses, as may be amended from time to time. In order to comply with the Open Source Licenses, Licensee shall read the respective licenses or notices, such list of Open Source Licenses may be amended from time to time by Applitools, at its sole discretion. In the event of any inconsistencies or conflicting provisions between the provisions of the Open Source Licenses and the provisions of this Agreement, the provisions of the Open Source Licenses shall prevail. Without derogating from the generality of the foregoing, it is clarified that any Open Source Software is provided on an “AS IS” basis, without indemnity or warranty of any kind, whether express or implied. For clarity, the representations and warranties set forth in Section ‎4 hereunder shall not apply to any Open Source Software.\n1. Title & Ownership. APPLITOOLS DOES NOT SELL OR TRANSFER TITLE IN THE SOFTWARE, OR ANY PART THEREOF, TO LICENSEE. The Documentation, Software (excluding any Open Source Software and Third Party Software therein which are owned by their respective licensors) and/or any copies thereof, including without limitation any derivative works made (regardless of whether such derivative works were made and/or developed pursuant to the request and/or specifications of Licensee, and irrespective of any support and/or assistance Applitools may, will or had received from Licensee, or any third party on its behalf, with respect thereto), as well as any updates or upgrades thereto, if provided to Applitools pursuant to this Agreement, shall remain Applitools’ sole and exclusive property. All Intellectual Property Rights evidenced by or embodied in and/or attached/connected/related to the Software, or part thereof, are and shall be owned solely and exclusively by Applitools. Nothing in this Agreement shall constitute a waiver of Applitools’ Intellectual Property Rights under any law, or be in any way construed or interpreted as such. It is further agreed that to the extent Licensee provides Applitools with Feedback, Licensee acknowledges that any and all rights, including Intellectual Property Rights in such Feedback shall belong exclusively to Applitools and Licensee hereby irrevocably and unconditionally transfers and assigns to Applitools all intellectual property rights in such Feedback and waives any and all moral rights that Licensee may have in respect thereto. It is further understood that use of Feedback, if any, may be made by Applitools at its sole discretion, and that Applitools in no way shall be obliged to make use of any kind of the Feedback or part thereof. \n1. Warranty. Applitools warrants that to its knowledge it has the right to grant the license under this Agreement. Applitools’ sole liability for any breach of this warranty or any other warranty under this Agreement shall be, at Applitools’ sole discretion: (i) to replace or repair the Software or the applicable portion thereof; or (ii) to terminate this Agreement.\n2. Warranty Exclusions. The warranties set forth in Section ‎4 are contingent upon Licensee’s proper use of the Software, and shall not apply to damage caused by abuse, misuse, alteration, neglect or unauthorized repair or installation, or by the use or attempted use of Software other than that supplied and supported by Applitools. Applitools will use reasonable commercial efforts to repair or replace the Software or the applicable portion thereof, pursuant to the foregoing warranty within thirty (30) days of being so notified.\n1. Warranty Disclaimers. AS BETWEEN LICENSEE AND APPLITOOLS, EXCEPT AS SET IN SECTION ‎4, THE SOFTWARE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND INCLUDING, WITHOUT LIMITATION, REPRESENTATIONS, WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR INTENDED OR PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, THAT THE SOFTWARE WILL MEET LICENSEE’S REQUIREMENTS OR EXPECTATIONS OR WILL ACHIEVE ANY SPECIFIC RESULTS AND THOSE ARISING BY STATUTE OR FROM A COURSE OF DEALING OR USAGE OF TRADE. Applicable law may not allow the exclusion of certain warranties, so to that extent such exclusions may not apply.\n1. High Risk Activities. You acknowledge that the Software is not fault tolerant and is not designed, manufactured, or intended for use or resale as on-line control equipment in hazardous or high risk environments and activities requiring fail-safe performance (such as in the operation of nuclear facilities, aircraft navigation or communication systems, air traffic control, direct life support machines and/or devices, or weapons systems) in which the failure of the Software could lead directly to death, personal injury, or severe physical or environmental damage, and You agree not to use or allow the use of the Software or any portion thereof for, or in connection with, any such environment or activity.\n1. Indemnify. You agree that Applitools shall have no liability whatsoever for any use made of the Software by You or any third party. You hereby agree to defend, indemnify and hold harmless Applitools and its affiliates and their respective officers, directors, agents and employees from any and all claims, damages, liabilities, costs, and expenses (including attorney’s fees) arising from claims related to Your use of the Software as well as from Your failure to comply with this Agreement.\n1. Limitation of Liability. UNDER NO CIRCUMSTANCES SHALL APPLITOOLS AND/OR ITS AFFILIATES BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, OR FOR ANY LOSS OF DATA, REVENUE, BUSINESS OR REPUTATION, THAT ARISES UNDER OR IN CONNECTION WITH THIS AGREEMENT, OR THAT RESULTS FROM THE USE OF, OR THE INABILITY TO USE, THE SOFTWARE. APPLITOOLS’S TOTAL AGGREGATE LIABILITY FOR ANY AND ALL DIRECT DAMAGES AND LOSSES THAT ARISE UNDER OR IN CONNECTION WITH THIS AGREEMENT SHALL NOT IN ANY CIRCUMSTANCE EXCEED THE AMOUNT OF 100.00 (ONE HUNDRED) UNITED STATES DOLLARS. THE FOREGOING LIMITATIONS AND EXCLUSIONS IN THIS SECTION ‎7 SHALL APPLY: (I) EVEN IF APPLITOOLS HAS BEEN ADVISED OF THE POSSIBILITY OF ANY DAMAGES OR LOSSES; (II) EVEN IF ANY REMEDY SET FORTH HEREIN FAILS OF ITS ESSENTIAL PURPOSE; AND (III) REGARDLESS OF THE BASIS OR THEORY OF LIABILITY.\n1. Export Laws. Licensee agrees to comply fully with all U.S., EU, Israeli, and all applicable export laws and regulations to ensure that neither the Software nor any technical data related thereto are exported or re-exported directly or indirectly in violation of, or used for any purposes prohibited by, such laws and regulations. For clarity, and without derogating from Section ‎11 below, in case of any change of any applicable law, policy or regulation, which might affect Applitools’ business, Applitools will have the right to terminate this Agreement and the license granted hereunder and the Licensee shall have no claims regarding such termination. \n1. Term and Termination. This Agreement shall continue until terminated as set forth in this section (the “Term”). You may terminate this Agreement at any time by removing the Software from Your system and destroying all copies of the Software and Documentation relating to the Software. Unauthorized copying of the Software or otherwise failing to comply with this Agreement will result in automatic immediate termination of this Agreement and will make available to Applitools legal remedies. Applitools reserves the right to terminate this Agreement and the License at any time and without notice. Upon termination of this Agreement, the License will terminate and You: (i) will cease any and all rights to use the Software, and (ii) will remove the Software from all hard drives, networks and other storage media and destroy all copies of the Software in your possession or under your control. The provisions of Sections ‎2.3, ‎2.4, ‎2.5, ‎6, ‎7, ‎8, ‎9, 10, ‎11 and ‎12 shall survive the termination, expiration or other ending of this Agreement.\n1. Miscellaneous. This Agreement represents the complete agreement concerning the Software between You and Applitools and supersedes all prior agreements and representations between You and Applitools. If any provision of this Agreement is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable. Any waiver of any provision of this Agreement will be effective only if in writing and signed by Applitools. This Agreement is personal to You and may not be assigned or transferred for any reason whatsoever without the consent of Applitools and any action or conduct in violation of the foregoing shall be void and without effect. Applitools expressly reserves the right to assign this Agreement and to delegate any of its obligations hereunder. This Agreement are governed by and construed under the laws of the State of Israel, excluding its conflicts of law rules. You expressly agree that the exclusive jurisdiction for any claim or action arising out of or relating to this Agreement shall be the courts located in Tel Aviv, Israel, and You further agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action. 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BY INSTALLING, ACCESSING AND/OR USING THE SOFTWARE (AS DEFINED BELOW), YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOU, OR THE COMPANY YOU REPRESENT, (“YOU” OR “LICENSEE”) ARE ENTERING INTO A LEGAL AGREEMENT WITH APPLITOOLS LTD. AND ITS AFFILIATES (“APPLITOOLS”), AND HAVE UNDERSTOOD AND AGREE TO COMPLY WITH, AND BE LEGALLY BOUND BY, THE TERMS AND CONDITIONS OF THIS AGREEMENT. YOU HEREBY WAIVE ANY RIGHTS OR REQUIREMENTS UNDER ANY LAWS OR REGULATIONS IN ANY JURISDICTION WHICH REQUIRE AN ORIGINAL (NON-ELECTRONIC) SIGNATURE OR DELIVERY OR RETENTION OF NON-ELECTRONIC RECORDS, TO THE EXTENT PERMITTED UNDER APPLICABLE LAW. \nTHE SOFTWARE MAY BE USED SOLELY FOR YOUR PERSONAL, NON-COMMERCIAL PURPOSES. FOR COMMERCIAL PURPOSES PLEASE CONTACT THE REGIONAL APPLITOOLS BUSINESS REPRESENTATIVE. \n1. Definitions. For purposes of this Agreement, the following capitalized terms shall have the following meaning:\n   1. “Documentation” means the user’s guides and technical manuals delivered by Applitools to Licensee.\n   2.  “Feedback” means suggestions, comments or feedback (whether orally or in writing) with respect to the Software.\n   3. “Intellectual Property Rights” means all intangible legal rights, titles and interests evidenced by or embodied in all: (i) inventions (regardless of patentability and whether or not reduced to practice), improvements thereto, patents, patent applications, patent disclosures, together with all reissuances, continuations, continuations in part, revisions, extensions and reexaminations thereof; (ii) trademarks, service marks, trade dress, logos, trade names, corporate names, together with translations, adaptations, derivations and combinations thereof, including goodwill associated therewith, and applications, registrations, and renewals in connection therewith; (iii) any work of authorship, regardless of copyrightable, copyrightable works, copyrights (including moral rights), and applications, registrations and renewals in connection therewith; (iv) mask works and applications, registrations and renewals in connection therewith; (v) trade secrets and Confidential Information; and (vi) other proprietary rights and any other similar rights, in each case on a worldwide basis, and copies and tangible embodiments thereof, in whatever form or medium.\n   4. “License” means the right to use the Software pursuant to Section ‎2.1 to this Agreement.\n   5.  “Software” means Applitools’ software development kit software in object or source code version, Documentation and any updates and upgrade thereto (to the extent delivered).\n1. License\n   1. Grant of License. Subject to the terms and conditions of this Agreement, Applitools grants You, during the Term, a personal, non-exclusive, non-sublicensable, non-transferable, revocable license to: (i) use the Software solely for Your own personal (non-commercial) use and (ii) use and display Applitools’ Marks solely for the purpose of publicizing or advertising that You are using the Software. \n   2. Documentation. Applitools may make available Documentation to Licensee for Licensee to use solely in connection with Licensee’s use of the Software during the term of this Agreement. Licensee may print or copy the Documentation as needed for its own purposes provided that all copyright notices are included therein. The Documentation shall be considered the Confidential Information of Applitools. \n   1. Reservation of Rights; Use Restrictions. Other than the rights explicitly granted in this Agreement, Licensee shall have no other rights, express or implied, in the Software. Without limiting the generality of the foregoing, Licensee agrees and undertakes not to: (i) allow any third party to use the Software in any manner, including but not limited to, sell, lease, sublicense or distribute the Software, or any part thereof; (ii) modify, revise, or alter the Software or reverse engineer, decompile, disassemble or otherwise reduce to human-perceivable form the Software’s source code; (iii) copy or allow copies of the Software to be made; (iv) remove, alter or obscure any proprietary notice or identification, including copyright, trademark, patent or other notices, contained in or displayed on or via the Software; (v) use the Software to violate any applicable laws, rules or regulations, or for any unlawful, harmful, irresponsible, or inappropriate purpose, or in any manner that breaches this Agreement, and/or (vi) represent that it possesses any proprietary interest in the Software.\n   1. Third Party Software. Licensee acknowledges and agrees that any third party software (“Third Party Software”) that provided with the Software is provided under the terms of the license attached/linked thereto or, if no such license is attached, such Third Party Software is provided for free and on “AS IS” basis. Applitools is not liable for any losses or damages which may occur resulting from the use of any Third Party Software. Applitools does not possess any proprietary interest in such Third Party Software. \n   1. Open Source Licenses. The Software includes certain open source code software and materials (as shall be listed in the documentation of the Software) (“Open Source Software”) that are subject to their respective open source licenses (“Open Source Licenses”). Such Open Source Licenses contain a list of conditions with respect to warranty, copyright policy and other provisions. By executing this Agreement, Licensee undertakes to strictly comply with the terms and condition of the Open Source Licenses, as may be amended from time to time. In order to comply with the Open Source Licenses, Licensee shall read the respective licenses or notices, such list of Open Source Licenses may be amended from time to time by Applitools, at its sole discretion. In the event of any inconsistencies or conflicting provisions between the provisions of the Open Source Licenses and the provisions of this Agreement, the provisions of the Open Source Licenses shall prevail. Without derogating from the generality of the foregoing, it is clarified that any Open Source Software is provided on an “AS IS” basis, without indemnity or warranty of any kind, whether express or implied. For clarity, the representations and warranties set forth in Section ‎4 hereunder shall not apply to any Open Source Software.\n1. Title & Ownership. APPLITOOLS DOES NOT SELL OR TRANSFER TITLE IN THE SOFTWARE, OR ANY PART THEREOF, TO LICENSEE. The Documentation, Software (excluding any Open Source Software and Third Party Software therein which are owned by their respective licensors) and/or any copies thereof, including without limitation any derivative works made (regardless of whether such derivative works were made and/or developed pursuant to the request and/or specifications of Licensee, and irrespective of any support and/or assistance Applitools may, will or had received from Licensee, or any third party on its behalf, with respect thereto), as well as any updates or upgrades thereto, if provided to Applitools pursuant to this Agreement, shall remain Applitools’ sole and exclusive property. All Intellectual Property Rights evidenced by or embodied in and/or attached/connected/related to the Software, or part thereof, are and shall be owned solely and exclusively by Applitools. Nothing in this Agreement shall constitute a waiver of Applitools’ Intellectual Property Rights under any law, or be in any way construed or interpreted as such. It is further agreed that to the extent Licensee provides Applitools with Feedback, Licensee acknowledges that any and all rights, including Intellectual Property Rights in such Feedback shall belong exclusively to Applitools and Licensee hereby irrevocably and unconditionally transfers and assigns to Applitools all intellectual property rights in such Feedback and waives any and all moral rights that Licensee may have in respect thereto. It is further understood that use of Feedback, if any, may be made by Applitools at its sole discretion, and that Applitools in no way shall be obliged to make use of any kind of the Feedback or part thereof. \n1. Warranty. Applitools warrants that to its knowledge it has the right to grant the license under this Agreement. Applitools’ sole liability for any breach of this warranty or any other warranty under this Agreement shall be, at Applitools’ sole discretion: (i) to replace or repair the Software or the applicable portion thereof; or (ii) to terminate this Agreement.\n2. Warranty Exclusions. The warranties set forth in Section ‎4 are contingent upon Licensee’s proper use of the Software, and shall not apply to damage caused by abuse, misuse, alteration, neglect or unauthorized repair or installation, or by the use or attempted use of Software other than that supplied and supported by Applitools. Applitools will use reasonable commercial efforts to repair or replace the Software or the applicable portion thereof, pursuant to the foregoing warranty within thirty (30) days of being so notified.\n1. Warranty Disclaimers. AS BETWEEN LICENSEE AND APPLITOOLS, EXCEPT AS SET IN SECTION ‎4, THE SOFTWARE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND INCLUDING, WITHOUT LIMITATION, REPRESENTATIONS, WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR INTENDED OR PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, THAT THE SOFTWARE WILL MEET LICENSEE’S REQUIREMENTS OR EXPECTATIONS OR WILL ACHIEVE ANY SPECIFIC RESULTS AND THOSE ARISING BY STATUTE OR FROM A COURSE OF DEALING OR USAGE OF TRADE. Applicable law may not allow the exclusion of certain warranties, so to that extent such exclusions may not apply.\n1. High Risk Activities. You acknowledge that the Software is not fault tolerant and is not designed, manufactured, or intended for use or resale as on-line control equipment in hazardous or high risk environments and activities requiring fail-safe performance (such as in the operation of nuclear facilities, aircraft navigation or communication systems, air traffic control, direct life support machines and/or devices, or weapons systems) in which the failure of the Software could lead directly to death, personal injury, or severe physical or environmental damage, and You agree not to use or allow the use of the Software or any portion thereof for, or in connection with, any such environment or activity.\n1. Indemnify. You agree that Applitools shall have no liability whatsoever for any use made of the Software by You or any third party. You hereby agree to defend, indemnify and hold harmless Applitools and its affiliates and their respective officers, directors, agents and employees from any and all claims, damages, liabilities, costs, and expenses (including attorney’s fees) arising from claims related to Your use of the Software as well as from Your failure to comply with this Agreement.\n1. Limitation of Liability. UNDER NO CIRCUMSTANCES SHALL APPLITOOLS AND/OR ITS AFFILIATES BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, OR FOR ANY LOSS OF DATA, REVENUE, BUSINESS OR REPUTATION, THAT ARISES UNDER OR IN CONNECTION WITH THIS AGREEMENT, OR THAT RESULTS FROM THE USE OF, OR THE INABILITY TO USE, THE SOFTWARE. APPLITOOLS’S TOTAL AGGREGATE LIABILITY FOR ANY AND ALL DIRECT DAMAGES AND LOSSES THAT ARISE UNDER OR IN CONNECTION WITH THIS AGREEMENT SHALL NOT IN ANY CIRCUMSTANCE EXCEED THE AMOUNT OF 100.00 (ONE HUNDRED) UNITED STATES DOLLARS. THE FOREGOING LIMITATIONS AND EXCLUSIONS IN THIS SECTION ‎7 SHALL APPLY: (I) EVEN IF APPLITOOLS HAS BEEN ADVISED OF THE POSSIBILITY OF ANY DAMAGES OR LOSSES; (II) EVEN IF ANY REMEDY SET FORTH HEREIN FAILS OF ITS ESSENTIAL PURPOSE; AND (III) REGARDLESS OF THE BASIS OR THEORY OF LIABILITY.\n1. Export Laws. Licensee agrees to comply fully with all U.S., EU, Israeli, and all applicable export laws and regulations to ensure that neither the Software nor any technical data related thereto are exported or re-exported directly or indirectly in violation of, or used for any purposes prohibited by, such laws and regulations. For clarity, and without derogating from Section ‎11 below, in case of any change of any applicable law, policy or regulation, which might affect Applitools’ business, Applitools will have the right to terminate this Agreement and the license granted hereunder and the Licensee shall have no claims regarding such termination. \n1. Term and Termination. This Agreement shall continue until terminated as set forth in this section (the “Term”). You may terminate this Agreement at any time by removing the Software from Your system and destroying all copies of the Software and Documentation relating to the Software. Unauthorized copying of the Software or otherwise failing to comply with this Agreement will result in automatic immediate termination of this Agreement and will make available to Applitools legal remedies. Applitools reserves the right to terminate this Agreement and the License at any time and without notice. Upon termination of this Agreement, the License will terminate and You: (i) will cease any and all rights to use the Software, and (ii) will remove the Software from all hard drives, networks and other storage media and destroy all copies of the Software in your possession or under your control. The provisions of Sections ‎2.3, ‎2.4, ‎2.5, ‎6, ‎7, ‎8, ‎9, 10, ‎11 and ‎12 shall survive the termination, expiration or other ending of this Agreement.\n1. Miscellaneous. This Agreement represents the complete agreement concerning the Software between You and Applitools and supersedes all prior agreements and representations between You and Applitools. If any provision of this Agreement is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable. Any waiver of any provision of this Agreement will be effective only if in writing and signed by Applitools. This Agreement is personal to You and may not be assigned or transferred for any reason whatsoever without the consent of Applitools and any action or conduct in violation of the foregoing shall be void and without effect. Applitools expressly reserves the right to assign this Agreement and to delegate any of its obligations hereunder. This Agreement are governed by and construed under the laws of the State of Israel, excluding its conflicts of law rules. You expressly agree that the exclusive jurisdiction for any claim or action arising out of or relating to this Agreement shall be the courts located in Tel Aviv, Israel, and You further agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action. 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BY INSTALLING, ACCESSING AND/OR USING THE SOFTWARE (AS DEFINED BELOW), YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOU, OR THE COMPANY YOU REPRESENT, (“YOU” OR “LICENSEE”) ARE ENTERING INTO A LEGAL AGREEMENT WITH APPLITOOLS LTD. AND ITS AFFILIATES (“APPLITOOLS”), AND HAVE UNDERSTOOD AND AGREE TO COMPLY WITH, AND BE LEGALLY BOUND BY, THE TERMS AND CONDITIONS OF THIS AGREEMENT. YOU HEREBY WAIVE ANY RIGHTS OR REQUIREMENTS UNDER ANY LAWS OR REGULATIONS IN ANY JURISDICTION WHICH REQUIRE AN ORIGINAL (NON-ELECTRONIC) SIGNATURE OR DELIVERY OR RETENTION OF NON-ELECTRONIC RECORDS, TO THE EXTENT PERMITTED UNDER APPLICABLE LAW. \nTHE SOFTWARE MAY BE USED SOLELY FOR YOUR PERSONAL, NON-COMMERCIAL PURPOSES. FOR COMMERCIAL PURPOSES PLEASE CONTACT THE REGIONAL APPLITOOLS BUSINESS REPRESENTATIVE. \n1. Definitions. For purposes of this Agreement, the following capitalized terms shall have the following meaning:\n   1. “Documentation” means the user’s guides and technical manuals delivered by Applitools to Licensee.\n   2.  “Feedback” means suggestions, comments or feedback (whether orally or in writing) with respect to the Software.\n   3. “Intellectual Property Rights” means all intangible legal rights, titles and interests evidenced by or embodied in all: (i) inventions (regardless of patentability and whether or not reduced to practice), improvements thereto, patents, patent applications, patent disclosures, together with all reissuances, continuations, continuations in part, revisions, extensions and reexaminations thereof; (ii) trademarks, service marks, trade dress, logos, trade names, corporate names, together with translations, adaptations, derivations and combinations thereof, including goodwill associated therewith, and applications, registrations, and renewals in connection therewith; (iii) any work of authorship, regardless of copyrightable, copyrightable works, copyrights (including moral rights), and applications, registrations and renewals in connection therewith; (iv) mask works and applications, registrations and renewals in connection therewith; (v) trade secrets and Confidential Information; and (vi) other proprietary rights and any other similar rights, in each case on a worldwide basis, and copies and tangible embodiments thereof, in whatever form or medium.\n   4. “License” means the right to use the Software pursuant to Section ‎2.1 to this Agreement.\n   5.  “Software” means Applitools’ software development kit software in object or source code version, Documentation and any updates and upgrade thereto (to the extent delivered).\n1. License\n   1. Grant of License. Subject to the terms and conditions of this Agreement, Applitools grants You, during the Term, a personal, non-exclusive, non-sublicensable, non-transferable, revocable license to: (i) use the Software solely for Your own personal (non-commercial) use and (ii) use and display Applitools’ Marks solely for the purpose of publicizing or advertising that You are using the Software. \n   2. Documentation. Applitools may make available Documentation to Licensee for Licensee to use solely in connection with Licensee’s use of the Software during the term of this Agreement. Licensee may print or copy the Documentation as needed for its own purposes provided that all copyright notices are included therein. The Documentation shall be considered the Confidential Information of Applitools. \n   1. Reservation of Rights; Use Restrictions. Other than the rights explicitly granted in this Agreement, Licensee shall have no other rights, express or implied, in the Software. Without limiting the generality of the foregoing, Licensee agrees and undertakes not to: (i) allow any third party to use the Software in any manner, including but not limited to, sell, lease, sublicense or distribute the Software, or any part thereof; (ii) modify, revise, or alter the Software or reverse engineer, decompile, disassemble or otherwise reduce to human-perceivable form the Software’s source code; (iii) copy or allow copies of the Software to be made; (iv) remove, alter or obscure any proprietary notice or identification, including copyright, trademark, patent or other notices, contained in or displayed on or via the Software; (v) use the Software to violate any applicable laws, rules or regulations, or for any unlawful, harmful, irresponsible, or inappropriate purpose, or in any manner that breaches this Agreement, and/or (vi) represent that it possesses any proprietary interest in the Software.\n   1. Third Party Software. Licensee acknowledges and agrees that any third party software (“Third Party Software”) that provided with the Software is provided under the terms of the license attached/linked thereto or, if no such license is attached, such Third Party Software is provided for free and on “AS IS” basis. Applitools is not liable for any losses or damages which may occur resulting from the use of any Third Party Software. Applitools does not possess any proprietary interest in such Third Party Software. \n   1. Open Source Licenses. The Software includes certain open source code software and materials (as shall be listed in the documentation of the Software) (“Open Source Software”) that are subject to their respective open source licenses (“Open Source Licenses”). Such Open Source Licenses contain a list of conditions with respect to warranty, copyright policy and other provisions. By executing this Agreement, Licensee undertakes to strictly comply with the terms and condition of the Open Source Licenses, as may be amended from time to time. In order to comply with the Open Source Licenses, Licensee shall read the respective licenses or notices, such list of Open Source Licenses may be amended from time to time by Applitools, at its sole discretion. In the event of any inconsistencies or conflicting provisions between the provisions of the Open Source Licenses and the provisions of this Agreement, the provisions of the Open Source Licenses shall prevail. Without derogating from the generality of the foregoing, it is clarified that any Open Source Software is provided on an “AS IS” basis, without indemnity or warranty of any kind, whether express or implied. For clarity, the representations and warranties set forth in Section ‎4 hereunder shall not apply to any Open Source Software.\n1. Title & Ownership. APPLITOOLS DOES NOT SELL OR TRANSFER TITLE IN THE SOFTWARE, OR ANY PART THEREOF, TO LICENSEE. The Documentation, Software (excluding any Open Source Software and Third Party Software therein which are owned by their respective licensors) and/or any copies thereof, including without limitation any derivative works made (regardless of whether such derivative works were made and/or developed pursuant to the request and/or specifications of Licensee, and irrespective of any support and/or assistance Applitools may, will or had received from Licensee, or any third party on its behalf, with respect thereto), as well as any updates or upgrades thereto, if provided to Applitools pursuant to this Agreement, shall remain Applitools’ sole and exclusive property. All Intellectual Property Rights evidenced by or embodied in and/or attached/connected/related to the Software, or part thereof, are and shall be owned solely and exclusively by Applitools. Nothing in this Agreement shall constitute a waiver of Applitools’ Intellectual Property Rights under any law, or be in any way construed or interpreted as such. It is further agreed that to the extent Licensee provides Applitools with Feedback, Licensee acknowledges that any and all rights, including Intellectual Property Rights in such Feedback shall belong exclusively to Applitools and Licensee hereby irrevocably and unconditionally transfers and assigns to Applitools all intellectual property rights in such Feedback and waives any and all moral rights that Licensee may have in respect thereto. It is further understood that use of Feedback, if any, may be made by Applitools at its sole discretion, and that Applitools in no way shall be obliged to make use of any kind of the Feedback or part thereof. \n1. Warranty. Applitools warrants that to its knowledge it has the right to grant the license under this Agreement. Applitools’ sole liability for any breach of this warranty or any other warranty under this Agreement shall be, at Applitools’ sole discretion: (i) to replace or repair the Software or the applicable portion thereof; or (ii) to terminate this Agreement.\n2. Warranty Exclusions. The warranties set forth in Section ‎4 are contingent upon Licensee’s proper use of the Software, and shall not apply to damage caused by abuse, misuse, alteration, neglect or unauthorized repair or installation, or by the use or attempted use of Software other than that supplied and supported by Applitools. Applitools will use reasonable commercial efforts to repair or replace the Software or the applicable portion thereof, pursuant to the foregoing warranty within thirty (30) days of being so notified.\n1. Warranty Disclaimers. AS BETWEEN LICENSEE AND APPLITOOLS, EXCEPT AS SET IN SECTION ‎4, THE SOFTWARE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND INCLUDING, WITHOUT LIMITATION, REPRESENTATIONS, WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR INTENDED OR PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, THAT THE SOFTWARE WILL MEET LICENSEE’S REQUIREMENTS OR EXPECTATIONS OR WILL ACHIEVE ANY SPECIFIC RESULTS AND THOSE ARISING BY STATUTE OR FROM A COURSE OF DEALING OR USAGE OF TRADE. Applicable law may not allow the exclusion of certain warranties, so to that extent such exclusions may not apply.\n1. High Risk Activities. You acknowledge that the Software is not fault tolerant and is not designed, manufactured, or intended for use or resale as on-line control equipment in hazardous or high risk environments and activities requiring fail-safe performance (such as in the operation of nuclear facilities, aircraft navigation or communication systems, air traffic control, direct life support machines and/or devices, or weapons systems) in which the failure of the Software could lead directly to death, personal injury, or severe physical or environmental damage, and You agree not to use or allow the use of the Software or any portion thereof for, or in connection with, any such environment or activity.\n1. Indemnify. You agree that Applitools shall have no liability whatsoever for any use made of the Software by You or any third party. You hereby agree to defend, indemnify and hold harmless Applitools and its affiliates and their respective officers, directors, agents and employees from any and all claims, damages, liabilities, costs, and expenses (including attorney’s fees) arising from claims related to Your use of the Software as well as from Your failure to comply with this Agreement.\n1. Limitation of Liability. UNDER NO CIRCUMSTANCES SHALL APPLITOOLS AND/OR ITS AFFILIATES BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, OR FOR ANY LOSS OF DATA, REVENUE, BUSINESS OR REPUTATION, THAT ARISES UNDER OR IN CONNECTION WITH THIS AGREEMENT, OR THAT RESULTS FROM THE USE OF, OR THE INABILITY TO USE, THE SOFTWARE. APPLITOOLS’S TOTAL AGGREGATE LIABILITY FOR ANY AND ALL DIRECT DAMAGES AND LOSSES THAT ARISE UNDER OR IN CONNECTION WITH THIS AGREEMENT SHALL NOT IN ANY CIRCUMSTANCE EXCEED THE AMOUNT OF 100.00 (ONE HUNDRED) UNITED STATES DOLLARS. THE FOREGOING LIMITATIONS AND EXCLUSIONS IN THIS SECTION ‎7 SHALL APPLY: (I) EVEN IF APPLITOOLS HAS BEEN ADVISED OF THE POSSIBILITY OF ANY DAMAGES OR LOSSES; (II) EVEN IF ANY REMEDY SET FORTH HEREIN FAILS OF ITS ESSENTIAL PURPOSE; AND (III) REGARDLESS OF THE BASIS OR THEORY OF LIABILITY.\n1. Export Laws. Licensee agrees to comply fully with all U.S., EU, Israeli, and all applicable export laws and regulations to ensure that neither the Software nor any technical data related thereto are exported or re-exported directly or indirectly in violation of, or used for any purposes prohibited by, such laws and regulations. For clarity, and without derogating from Section ‎11 below, in case of any change of any applicable law, policy or regulation, which might affect Applitools’ business, Applitools will have the right to terminate this Agreement and the license granted hereunder and the Licensee shall have no claims regarding such termination. \n1. Term and Termination. This Agreement shall continue until terminated as set forth in this section (the “Term”). You may terminate this Agreement at any time by removing the Software from Your system and destroying all copies of the Software and Documentation relating to the Software. Unauthorized copying of the Software or otherwise failing to comply with this Agreement will result in automatic immediate termination of this Agreement and will make available to Applitools legal remedies. Applitools reserves the right to terminate this Agreement and the License at any time and without notice. Upon termination of this Agreement, the License will terminate and You: (i) will cease any and all rights to use the Software, and (ii) will remove the Software from all hard drives, networks and other storage media and destroy all copies of the Software in your possession or under your control. The provisions of Sections ‎2.3, ‎2.4, ‎2.5, ‎6, ‎7, ‎8, ‎9, 10, ‎11 and ‎12 shall survive the termination, expiration or other ending of this Agreement.\n1. Miscellaneous. This Agreement represents the complete agreement concerning the Software between You and Applitools and supersedes all prior agreements and representations between You and Applitools. If any provision of this Agreement is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable. Any waiver of any provision of this Agreement will be effective only if in writing and signed by Applitools. This Agreement is personal to You and may not be assigned or transferred for any reason whatsoever without the consent of Applitools and any action or conduct in violation of the foregoing shall be void and without effect. Applitools expressly reserves the right to assign this Agreement and to delegate any of its obligations hereunder. This Agreement are governed by and construed under the laws of the State of Israel, excluding its conflicts of law rules. You expressly agree that the exclusive jurisdiction for any claim or action arising out of or relating to this Agreement shall be the courts located in Tel Aviv, Israel, and You further agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action. In any action or proceeding to enforce rights under this Agreement, the prevailing party shall be entitled to recover costs and attorneys’ 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BY INSTALLING, ACCESSING AND/OR USING THE SOFTWARE (AS DEFINED BELOW), YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOU, OR THE COMPANY YOU REPRESENT, (“YOU” OR “LICENSEE”) ARE ENTERING INTO A LEGAL AGREEMENT WITH APPLITOOLS LTD. AND ITS AFFILIATES (“APPLITOOLS”), AND HAVE UNDERSTOOD AND AGREE TO COMPLY WITH, AND BE LEGALLY BOUND BY, THE TERMS AND CONDITIONS OF THIS AGREEMENT. YOU HEREBY WAIVE ANY RIGHTS OR REQUIREMENTS UNDER ANY LAWS OR REGULATIONS IN ANY JURISDICTION WHICH REQUIRE AN ORIGINAL (NON-ELECTRONIC) SIGNATURE OR DELIVERY OR RETENTION OF NON-ELECTRONIC RECORDS, TO THE EXTENT PERMITTED UNDER APPLICABLE LAW. \nTHE SOFTWARE MAY BE USED SOLELY FOR YOUR PERSONAL, NON-COMMERCIAL PURPOSES. FOR COMMERCIAL PURPOSES PLEASE CONTACT THE REGIONAL APPLITOOLS BUSINESS REPRESENTATIVE. \n1. Definitions. For purposes of this Agreement, the following capitalized terms shall have the following meaning:\n   1. “Documentation” means the user’s guides and technical manuals delivered by Applitools to Licensee.\n   2.  “Feedback” means suggestions, comments or feedback (whether orally or in writing) with respect to the Software.\n   3. “Intellectual Property Rights” means all intangible legal rights, titles and interests evidenced by or embodied in all: (i) inventions (regardless of patentability and whether or not reduced to practice), improvements thereto, patents, patent applications, patent disclosures, together with all reissuances, continuations, continuations in part, revisions, extensions and reexaminations thereof; (ii) trademarks, service marks, trade dress, logos, trade names, corporate names, together with translations, adaptations, derivations and combinations thereof, including goodwill associated therewith, and applications, registrations, and renewals in connection therewith; (iii) any work of authorship, regardless of copyrightable, copyrightable works, copyrights (including moral rights), and applications, registrations and renewals in connection therewith; (iv) mask works and applications, registrations and renewals in connection therewith; (v) trade secrets and Confidential Information; and (vi) other proprietary rights and any other similar rights, in each case on a worldwide basis, and copies and tangible embodiments thereof, in whatever form or medium.\n   4. “License” means the right to use the Software pursuant to Section ‎2.1 to this Agreement.\n   5.  “Software” means Applitools’ software development kit software in object or source code version, Documentation and any updates and upgrade thereto (to the extent delivered).\n1. License\n   1. Grant of License. Subject to the terms and conditions of this Agreement, Applitools grants You, during the Term, a personal, non-exclusive, non-sublicensable, non-transferable, revocable license to: (i) use the Software solely for Your own personal (non-commercial) use and (ii) use and display Applitools’ Marks solely for the purpose of publicizing or advertising that You are using the Software. \n   2. Documentation. Applitools may make available Documentation to Licensee for Licensee to use solely in connection with Licensee’s use of the Software during the term of this Agreement. Licensee may print or copy the Documentation as needed for its own purposes provided that all copyright notices are included therein. The Documentation shall be considered the Confidential Information of Applitools. \n   1. Reservation of Rights; Use Restrictions. Other than the rights explicitly granted in this Agreement, Licensee shall have no other rights, express or implied, in the Software. Without limiting the generality of the foregoing, Licensee agrees and undertakes not to: (i) allow any third party to use the Software in any manner, including but not limited to, sell, lease, sublicense or distribute the Software, or any part thereof; (ii) modify, revise, or alter the Software or reverse engineer, decompile, disassemble or otherwise reduce to human-perceivable form the Software’s source code; (iii) copy or allow copies of the Software to be made; (iv) remove, alter or obscure any proprietary notice or identification, including copyright, trademark, patent or other notices, contained in or displayed on or via the Software; (v) use the Software to violate any applicable laws, rules or regulations, or for any unlawful, harmful, irresponsible, or inappropriate purpose, or in any manner that breaches this Agreement, and/or (vi) represent that it possesses any proprietary interest in the Software.\n   1. Third Party Software. Licensee acknowledges and agrees that any third party software (“Third Party Software”) that provided with the Software is provided under the terms of the license attached/linked thereto or, if no such license is attached, such Third Party Software is provided for free and on “AS IS” basis. Applitools is not liable for any losses or damages which may occur resulting from the use of any Third Party Software. Applitools does not possess any proprietary interest in such Third Party Software. \n   1. Open Source Licenses. The Software includes certain open source code software and materials (as shall be listed in the documentation of the Software) (“Open Source Software”) that are subject to their respective open source licenses (“Open Source Licenses”). Such Open Source Licenses contain a list of conditions with respect to warranty, copyright policy and other provisions. By executing this Agreement, Licensee undertakes to strictly comply with the terms and condition of the Open Source Licenses, as may be amended from time to time. In order to comply with the Open Source Licenses, Licensee shall read the respective licenses or notices, such list of Open Source Licenses may be amended from time to time by Applitools, at its sole discretion. In the event of any inconsistencies or conflicting provisions between the provisions of the Open Source Licenses and the provisions of this Agreement, the provisions of the Open Source Licenses shall prevail. Without derogating from the generality of the foregoing, it is clarified that any Open Source Software is provided on an “AS IS” basis, without indemnity or warranty of any kind, whether express or implied. For clarity, the representations and warranties set forth in Section ‎4 hereunder shall not apply to any Open Source Software.\n1. Title & Ownership. APPLITOOLS DOES NOT SELL OR TRANSFER TITLE IN THE SOFTWARE, OR ANY PART THEREOF, TO LICENSEE. The Documentation, Software (excluding any Open Source Software and Third Party Software therein which are owned by their respective licensors) and/or any copies thereof, including without limitation any derivative works made (regardless of whether such derivative works were made and/or developed pursuant to the request and/or specifications of Licensee, and irrespective of any support and/or assistance Applitools may, will or had received from Licensee, or any third party on its behalf, with respect thereto), as well as any updates or upgrades thereto, if provided to Applitools pursuant to this Agreement, shall remain Applitools’ sole and exclusive property. All Intellectual Property Rights evidenced by or embodied in and/or attached/connected/related to the Software, or part thereof, are and shall be owned solely and exclusively by Applitools. Nothing in this Agreement shall constitute a waiver of Applitools’ Intellectual Property Rights under any law, or be in any way construed or interpreted as such. It is further agreed that to the extent Licensee provides Applitools with Feedback, Licensee acknowledges that any and all rights, including Intellectual Property Rights in such Feedback shall belong exclusively to Applitools and Licensee hereby irrevocably and unconditionally transfers and assigns to Applitools all intellectual property rights in such Feedback and waives any and all moral rights that Licensee may have in respect thereto. It is further understood that use of Feedback, if any, may be made by Applitools at its sole discretion, and that Applitools in no way shall be obliged to make use of any kind of the Feedback or part thereof. \n1. Warranty. Applitools warrants that to its knowledge it has the right to grant the license under this Agreement. Applitools’ sole liability for any breach of this warranty or any other warranty under this Agreement shall be, at Applitools’ sole discretion: (i) to replace or repair the Software or the applicable portion thereof; or (ii) to terminate this Agreement.\n2. Warranty Exclusions. The warranties set forth in Section ‎4 are contingent upon Licensee’s proper use of the Software, and shall not apply to damage caused by abuse, misuse, alteration, neglect or unauthorized repair or installation, or by the use or attempted use of Software other than that supplied and supported by Applitools. Applitools will use reasonable commercial efforts to repair or replace the Software or the applicable portion thereof, pursuant to the foregoing warranty within thirty (30) days of being so notified.\n1. Warranty Disclaimers. AS BETWEEN LICENSEE AND APPLITOOLS, EXCEPT AS SET IN SECTION ‎4, THE SOFTWARE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND INCLUDING, WITHOUT LIMITATION, REPRESENTATIONS, WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR INTENDED OR PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, THAT THE SOFTWARE WILL MEET LICENSEE’S REQUIREMENTS OR EXPECTATIONS OR WILL ACHIEVE ANY SPECIFIC RESULTS AND THOSE ARISING BY STATUTE OR FROM A COURSE OF DEALING OR USAGE OF TRADE. Applicable law may not allow the exclusion of certain warranties, so to that extent such exclusions may not apply.\n1. High Risk Activities. You acknowledge that the Software is not fault tolerant and is not designed, manufactured, or intended for use or resale as on-line control equipment in hazardous or high risk environments and activities requiring fail-safe performance (such as in the operation of nuclear facilities, aircraft navigation or communication systems, air traffic control, direct life support machines and/or devices, or weapons systems) in which the failure of the Software could lead directly to death, personal injury, or severe physical or environmental damage, and You agree not to use or allow the use of the Software or any portion thereof for, or in connection with, any such environment or activity.\n1. Indemnify. You agree that Applitools shall have no liability whatsoever for any use made of the Software by You or any third party. You hereby agree to defend, indemnify and hold harmless Applitools and its affiliates and their respective officers, directors, agents and employees from any and all claims, damages, liabilities, costs, and expenses (including attorney’s fees) arising from claims related to Your use of the Software as well as from Your failure to comply with this Agreement.\n1. Limitation of Liability. UNDER NO CIRCUMSTANCES SHALL APPLITOOLS AND/OR ITS AFFILIATES BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, OR FOR ANY LOSS OF DATA, REVENUE, BUSINESS OR REPUTATION, THAT ARISES UNDER OR IN CONNECTION WITH THIS AGREEMENT, OR THAT RESULTS FROM THE USE OF, OR THE INABILITY TO USE, THE SOFTWARE. APPLITOOLS’S TOTAL AGGREGATE LIABILITY FOR ANY AND ALL DIRECT DAMAGES AND LOSSES THAT ARISE UNDER OR IN CONNECTION WITH THIS AGREEMENT SHALL NOT IN ANY CIRCUMSTANCE EXCEED THE AMOUNT OF 100.00 (ONE HUNDRED) UNITED STATES DOLLARS. THE FOREGOING LIMITATIONS AND EXCLUSIONS IN THIS SECTION ‎7 SHALL APPLY: (I) EVEN IF APPLITOOLS HAS BEEN ADVISED OF THE POSSIBILITY OF ANY DAMAGES OR LOSSES; (II) EVEN IF ANY REMEDY SET FORTH HEREIN FAILS OF ITS ESSENTIAL PURPOSE; AND (III) REGARDLESS OF THE BASIS OR THEORY OF LIABILITY.\n1. Export Laws. Licensee agrees to comply fully with all U.S., EU, Israeli, and all applicable export laws and regulations to ensure that neither the Software nor any technical data related thereto are exported or re-exported directly or indirectly in violation of, or used for any purposes prohibited by, such laws and regulations. For clarity, and without derogating from Section ‎11 below, in case of any change of any applicable law, policy or regulation, which might affect Applitools’ business, Applitools will have the right to terminate this Agreement and the license granted hereunder and the Licensee shall have no claims regarding such termination. \n1. Term and Termination. This Agreement shall continue until terminated as set forth in this section (the “Term”). You may terminate this Agreement at any time by removing the Software from Your system and destroying all copies of the Software and Documentation relating to the Software. Unauthorized copying of the Software or otherwise failing to comply with this Agreement will result in automatic immediate termination of this Agreement and will make available to Applitools legal remedies. Applitools reserves the right to terminate this Agreement and the License at any time and without notice. Upon termination of this Agreement, the License will terminate and You: (i) will cease any and all rights to use the Software, and (ii) will remove the Software from all hard drives, networks and other storage media and destroy all copies of the Software in your possession or under your control. The provisions of Sections ‎2.3, ‎2.4, ‎2.5, ‎6, ‎7, ‎8, ‎9, 10, ‎11 and ‎12 shall survive the termination, expiration or other ending of this Agreement.\n1. Miscellaneous. This Agreement represents the complete agreement concerning the Software between You and Applitools and supersedes all prior agreements and representations between You and Applitools. If any provision of this Agreement is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable. Any waiver of any provision of this Agreement will be effective only if in writing and signed by Applitools. This Agreement is personal to You and may not be assigned or transferred for any reason whatsoever without the consent of Applitools and any action or conduct in violation of the foregoing shall be void and without effect. Applitools expressly reserves the right to assign this Agreement and to delegate any of its obligations hereunder. This Agreement are governed by and construed under the laws of the State of Israel, excluding its conflicts of law rules. You expressly agree that the exclusive jurisdiction for any claim or action arising out of or relating to this Agreement shall be the courts located in Tel Aviv, Israel, and You further agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action. 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BY INSTALLING, ACCESSING AND/OR USING THE SOFTWARE (AS DEFINED BELOW), YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOU, OR THE COMPANY YOU REPRESENT, (“YOU” OR “LICENSEE”) ARE ENTERING INTO A LEGAL AGREEMENT WITH APPLITOOLS LTD. AND ITS AFFILIATES (“APPLITOOLS”), AND HAVE UNDERSTOOD AND AGREE TO COMPLY WITH, AND BE LEGALLY BOUND BY, THE TERMS AND CONDITIONS OF THIS AGREEMENT. YOU HEREBY WAIVE ANY RIGHTS OR REQUIREMENTS UNDER ANY LAWS OR REGULATIONS IN ANY JURISDICTION WHICH REQUIRE AN ORIGINAL (NON-ELECTRONIC) SIGNATURE OR DELIVERY OR RETENTION OF NON-ELECTRONIC RECORDS, TO THE EXTENT PERMITTED UNDER APPLICABLE LAW. \nTHE SOFTWARE MAY BE USED SOLELY FOR YOUR PERSONAL, NON-COMMERCIAL PURPOSES. FOR COMMERCIAL PURPOSES PLEASE CONTACT THE REGIONAL APPLITOOLS BUSINESS REPRESENTATIVE. \n1. Definitions. For purposes of this Agreement, the following capitalized terms shall have the following meaning:\n   1. “Documentation” means the user’s guides and technical manuals delivered by Applitools to Licensee.\n   2.  “Feedback” means suggestions, comments or feedback (whether orally or in writing) with respect to the Software.\n   3. “Intellectual Property Rights” means all intangible legal rights, titles and interests evidenced by or embodied in all: (i) inventions (regardless of patentability and whether or not reduced to practice), improvements thereto, patents, patent applications, patent disclosures, together with all reissuances, continuations, continuations in part, revisions, extensions and reexaminations thereof; (ii) trademarks, service marks, trade dress, logos, trade names, corporate names, together with translations, adaptations, derivations and combinations thereof, including goodwill associated therewith, and applications, registrations, and renewals in connection therewith; (iii) any work of authorship, regardless of copyrightable, copyrightable works, copyrights (including moral rights), and applications, registrations and renewals in connection therewith; (iv) mask works and applications, registrations and renewals in connection therewith; (v) trade secrets and Confidential Information; and (vi) other proprietary rights and any other similar rights, in each case on a worldwide basis, and copies and tangible embodiments thereof, in whatever form or medium.\n   4. “License” means the right to use the Software pursuant to Section ‎2.1 to this Agreement.\n   5.  “Software” means Applitools’ software development kit software in object or source code version, Documentation and any updates and upgrade thereto (to the extent delivered).\n1. License\n   1. Grant of License. Subject to the terms and conditions of this Agreement, Applitools grants You, during the Term, a personal, non-exclusive, non-sublicensable, non-transferable, revocable license to: (i) use the Software solely for Your own personal (non-commercial) use and (ii) use and display Applitools’ Marks solely for the purpose of publicizing or advertising that You are using the Software. \n   2. Documentation. Applitools may make available Documentation to Licensee for Licensee to use solely in connection with Licensee’s use of the Software during the term of this Agreement. Licensee may print or copy the Documentation as needed for its own purposes provided that all copyright notices are included therein. The Documentation shall be considered the Confidential Information of Applitools. \n   1. Reservation of Rights; Use Restrictions. Other than the rights explicitly granted in this Agreement, Licensee shall have no other rights, express or implied, in the Software. Without limiting the generality of the foregoing, Licensee agrees and undertakes not to: (i) allow any third party to use the Software in any manner, including but not limited to, sell, lease, sublicense or distribute the Software, or any part thereof; (ii) modify, revise, or alter the Software or reverse engineer, decompile, disassemble or otherwise reduce to human-perceivable form the Software’s source code; (iii) copy or allow copies of the Software to be made; (iv) remove, alter or obscure any proprietary notice or identification, including copyright, trademark, patent or other notices, contained in or displayed on or via the Software; (v) use the Software to violate any applicable laws, rules or regulations, or for any unlawful, harmful, irresponsible, or inappropriate purpose, or in any manner that breaches this Agreement, and/or (vi) represent that it possesses any proprietary interest in the Software.\n   1. Third Party Software. Licensee acknowledges and agrees that any third party software (“Third Party Software”) that provided with the Software is provided under the terms of the license attached/linked thereto or, if no such license is attached, such Third Party Software is provided for free and on “AS IS” basis. Applitools is not liable for any losses or damages which may occur resulting from the use of any Third Party Software. Applitools does not possess any proprietary interest in such Third Party Software. \n   1. Open Source Licenses. The Software includes certain open source code software and materials (as shall be listed in the documentation of the Software) (“Open Source Software”) that are subject to their respective open source licenses (“Open Source Licenses”). Such Open Source Licenses contain a list of conditions with respect to warranty, copyright policy and other provisions. By executing this Agreement, Licensee undertakes to strictly comply with the terms and condition of the Open Source Licenses, as may be amended from time to time. In order to comply with the Open Source Licenses, Licensee shall read the respective licenses or notices, such list of Open Source Licenses may be amended from time to time by Applitools, at its sole discretion. In the event of any inconsistencies or conflicting provisions between the provisions of the Open Source Licenses and the provisions of this Agreement, the provisions of the Open Source Licenses shall prevail. Without derogating from the generality of the foregoing, it is clarified that any Open Source Software is provided on an “AS IS” basis, without indemnity or warranty of any kind, whether express or implied. For clarity, the representations and warranties set forth in Section ‎4 hereunder shall not apply to any Open Source Software.\n1. Title & Ownership. APPLITOOLS DOES NOT SELL OR TRANSFER TITLE IN THE SOFTWARE, OR ANY PART THEREOF, TO LICENSEE. The Documentation, Software (excluding any Open Source Software and Third Party Software therein which are owned by their respective licensors) and/or any copies thereof, including without limitation any derivative works made (regardless of whether such derivative works were made and/or developed pursuant to the request and/or specifications of Licensee, and irrespective of any support and/or assistance Applitools may, will or had received from Licensee, or any third party on its behalf, with respect thereto), as well as any updates or upgrades thereto, if provided to Applitools pursuant to this Agreement, shall remain Applitools’ sole and exclusive property. All Intellectual Property Rights evidenced by or embodied in and/or attached/connected/related to the Software, or part thereof, are and shall be owned solely and exclusively by Applitools. Nothing in this Agreement shall constitute a waiver of Applitools’ Intellectual Property Rights under any law, or be in any way construed or interpreted as such. It is further agreed that to the extent Licensee provides Applitools with Feedback, Licensee acknowledges that any and all rights, including Intellectual Property Rights in such Feedback shall belong exclusively to Applitools and Licensee hereby irrevocably and unconditionally transfers and assigns to Applitools all intellectual property rights in such Feedback and waives any and all moral rights that Licensee may have in respect thereto. It is further understood that use of Feedback, if any, may be made by Applitools at its sole discretion, and that Applitools in no way shall be obliged to make use of any kind of the Feedback or part thereof. \n1. Warranty. Applitools warrants that to its knowledge it has the right to grant the license under this Agreement. Applitools’ sole liability for any breach of this warranty or any other warranty under this Agreement shall be, at Applitools’ sole discretion: (i) to replace or repair the Software or the applicable portion thereof; or (ii) to terminate this Agreement.\n2. Warranty Exclusions. The warranties set forth in Section ‎4 are contingent upon Licensee’s proper use of the Software, and shall not apply to damage caused by abuse, misuse, alteration, neglect or unauthorized repair or installation, or by the use or attempted use of Software other than that supplied and supported by Applitools. Applitools will use reasonable commercial efforts to repair or replace the Software or the applicable portion thereof, pursuant to the foregoing warranty within thirty (30) days of being so notified.\n1. Warranty Disclaimers. AS BETWEEN LICENSEE AND APPLITOOLS, EXCEPT AS SET IN SECTION ‎4, THE SOFTWARE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND INCLUDING, WITHOUT LIMITATION, REPRESENTATIONS, WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR INTENDED OR PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, THAT THE SOFTWARE WILL MEET LICENSEE’S REQUIREMENTS OR EXPECTATIONS OR WILL ACHIEVE ANY SPECIFIC RESULTS AND THOSE ARISING BY STATUTE OR FROM A COURSE OF DEALING OR USAGE OF TRADE. Applicable law may not allow the exclusion of certain warranties, so to that extent such exclusions may not apply.\n1. High Risk Activities. You acknowledge that the Software is not fault tolerant and is not designed, manufactured, or intended for use or resale as on-line control equipment in hazardous or high risk environments and activities requiring fail-safe performance (such as in the operation of nuclear facilities, aircraft navigation or communication systems, air traffic control, direct life support machines and/or devices, or weapons systems) in which the failure of the Software could lead directly to death, personal injury, or severe physical or environmental damage, and You agree not to use or allow the use of the Software or any portion thereof for, or in connection with, any such environment or activity.\n1. Indemnify. You agree that Applitools shall have no liability whatsoever for any use made of the Software by You or any third party. You hereby agree to defend, indemnify and hold harmless Applitools and its affiliates and their respective officers, directors, agents and employees from any and all claims, damages, liabilities, costs, and expenses (including attorney’s fees) arising from claims related to Your use of the Software as well as from Your failure to comply with this Agreement.\n1. Limitation of Liability. UNDER NO CIRCUMSTANCES SHALL APPLITOOLS AND/OR ITS AFFILIATES BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, OR FOR ANY LOSS OF DATA, REVENUE, BUSINESS OR REPUTATION, THAT ARISES UNDER OR IN CONNECTION WITH THIS AGREEMENT, OR THAT RESULTS FROM THE USE OF, OR THE INABILITY TO USE, THE SOFTWARE. APPLITOOLS’S TOTAL AGGREGATE LIABILITY FOR ANY AND ALL DIRECT DAMAGES AND LOSSES THAT ARISE UNDER OR IN CONNECTION WITH THIS AGREEMENT SHALL NOT IN ANY CIRCUMSTANCE EXCEED THE AMOUNT OF 100.00 (ONE HUNDRED) UNITED STATES DOLLARS. THE FOREGOING LIMITATIONS AND EXCLUSIONS IN THIS SECTION ‎7 SHALL APPLY: (I) EVEN IF APPLITOOLS HAS BEEN ADVISED OF THE POSSIBILITY OF ANY DAMAGES OR LOSSES; (II) EVEN IF ANY REMEDY SET FORTH HEREIN FAILS OF ITS ESSENTIAL PURPOSE; AND (III) REGARDLESS OF THE BASIS OR THEORY OF LIABILITY.\n1. Export Laws. Licensee agrees to comply fully with all U.S., EU, Israeli, and all applicable export laws and regulations to ensure that neither the Software nor any technical data related thereto are exported or re-exported directly or indirectly in violation of, or used for any purposes prohibited by, such laws and regulations. For clarity, and without derogating from Section ‎11 below, in case of any change of any applicable law, policy or regulation, which might affect Applitools’ business, Applitools will have the right to terminate this Agreement and the license granted hereunder and the Licensee shall have no claims regarding such termination. \n1. Term and Termination. This Agreement shall continue until terminated as set forth in this section (the “Term”). You may terminate this Agreement at any time by removing the Software from Your system and destroying all copies of the Software and Documentation relating to the Software. Unauthorized copying of the Software or otherwise failing to comply with this Agreement will result in automatic immediate termination of this Agreement and will make available to Applitools legal remedies. Applitools reserves the right to terminate this Agreement and the License at any time and without notice. Upon termination of this Agreement, the License will terminate and You: (i) will cease any and all rights to use the Software, and (ii) will remove the Software from all hard drives, networks and other storage media and destroy all copies of the Software in your possession or under your control. The provisions of Sections ‎2.3, ‎2.4, ‎2.5, ‎6, ‎7, ‎8, ‎9, 10, ‎11 and ‎12 shall survive the termination, expiration or other ending of this Agreement.\n1. Miscellaneous. This Agreement represents the complete agreement concerning the Software between You and Applitools and supersedes all prior agreements and representations between You and Applitools. If any provision of this Agreement is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable. Any waiver of any provision of this Agreement will be effective only if in writing and signed by Applitools. This Agreement is personal to You and may not be assigned or transferred for any reason whatsoever without the consent of Applitools and any action or conduct in violation of the foregoing shall be void and without effect. Applitools expressly reserves the right to assign this Agreement and to delegate any of its obligations hereunder. This Agreement are governed by and construed under the laws of the State of Israel, excluding its conflicts of law rules. You expressly agree that the exclusive jurisdiction for any claim or action arising out of or relating to this Agreement shall be the courts located in Tel Aviv, Israel, and You further agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action. 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BY INSTALLING, ACCESSING AND/OR USING THE SOFTWARE (AS DEFINED BELOW), YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOU, OR THE COMPANY YOU REPRESENT, (“YOU” OR “LICENSEE”) ARE ENTERING INTO A LEGAL AGREEMENT WITH APPLITOOLS LTD. AND ITS AFFILIATES (“APPLITOOLS”), AND HAVE UNDERSTOOD AND AGREE TO COMPLY WITH, AND BE LEGALLY BOUND BY, THE TERMS AND CONDITIONS OF THIS AGREEMENT. YOU HEREBY WAIVE ANY RIGHTS OR REQUIREMENTS UNDER ANY LAWS OR REGULATIONS IN ANY JURISDICTION WHICH REQUIRE AN ORIGINAL (NON-ELECTRONIC) SIGNATURE OR DELIVERY OR RETENTION OF NON-ELECTRONIC RECORDS, TO THE EXTENT PERMITTED UNDER APPLICABLE LAW. \nTHE SOFTWARE MAY BE USED SOLELY FOR YOUR PERSONAL, NON-COMMERCIAL PURPOSES. FOR COMMERCIAL PURPOSES PLEASE CONTACT THE REGIONAL APPLITOOLS BUSINESS REPRESENTATIVE. \n1. Definitions. For purposes of this Agreement, the following capitalized terms shall have the following meaning:\n   1. “Documentation” means the user’s guides and technical manuals delivered by Applitools to Licensee.\n   2.  “Feedback” means suggestions, comments or feedback (whether orally or in writing) with respect to the Software.\n   3. “Intellectual Property Rights” means all intangible legal rights, titles and interests evidenced by or embodied in all: (i) inventions (regardless of patentability and whether or not reduced to practice), improvements thereto, patents, patent applications, patent disclosures, together with all reissuances, continuations, continuations in part, revisions, extensions and reexaminations thereof; (ii) trademarks, service marks, trade dress, logos, trade names, corporate names, together with translations, adaptations, derivations and combinations thereof, including goodwill associated therewith, and applications, registrations, and renewals in connection therewith; (iii) any work of authorship, regardless of copyrightable, copyrightable works, copyrights (including moral rights), and applications, registrations and renewals in connection therewith; (iv) mask works and applications, registrations and renewals in connection therewith; (v) trade secrets and Confidential Information; and (vi) other proprietary rights and any other similar rights, in each case on a worldwide basis, and copies and tangible embodiments thereof, in whatever form or medium.\n   4. “License” means the right to use the Software pursuant to Section ‎2.1 to this Agreement.\n   5.  “Software” means Applitools’ software development kit software in object or source code version, Documentation and any updates and upgrade thereto (to the extent delivered).\n1. License\n   1. Grant of License. Subject to the terms and conditions of this Agreement, Applitools grants You, during the Term, a personal, non-exclusive, non-sublicensable, non-transferable, revocable license to: (i) use the Software solely for Your own personal (non-commercial) use and (ii) use and display Applitools’ Marks solely for the purpose of publicizing or advertising that You are using the Software. \n   2. Documentation. Applitools may make available Documentation to Licensee for Licensee to use solely in connection with Licensee’s use of the Software during the term of this Agreement. Licensee may print or copy the Documentation as needed for its own purposes provided that all copyright notices are included therein. The Documentation shall be considered the Confidential Information of Applitools. \n   1. Reservation of Rights; Use Restrictions. Other than the rights explicitly granted in this Agreement, Licensee shall have no other rights, express or implied, in the Software. Without limiting the generality of the foregoing, Licensee agrees and undertakes not to: (i) allow any third party to use the Software in any manner, including but not limited to, sell, lease, sublicense or distribute the Software, or any part thereof; (ii) modify, revise, or alter the Software or reverse engineer, decompile, disassemble or otherwise reduce to human-perceivable form the Software’s source code; (iii) copy or allow copies of the Software to be made; (iv) remove, alter or obscure any proprietary notice or identification, including copyright, trademark, patent or other notices, contained in or displayed on or via the Software; (v) use the Software to violate any applicable laws, rules or regulations, or for any unlawful, harmful, irresponsible, or inappropriate purpose, or in any manner that breaches this Agreement, and/or (vi) represent that it possesses any proprietary interest in the Software.\n   1. Third Party Software. Licensee acknowledges and agrees that any third party software (“Third Party Software”) that provided with the Software is provided under the terms of the license attached/linked thereto or, if no such license is attached, such Third Party Software is provided for free and on “AS IS” basis. Applitools is not liable for any losses or damages which may occur resulting from the use of any Third Party Software. Applitools does not possess any proprietary interest in such Third Party Software. \n   1. Open Source Licenses. The Software includes certain open source code software and materials (as shall be listed in the documentation of the Software) (“Open Source Software”) that are subject to their respective open source licenses (“Open Source Licenses”). Such Open Source Licenses contain a list of conditions with respect to warranty, copyright policy and other provisions. By executing this Agreement, Licensee undertakes to strictly comply with the terms and condition of the Open Source Licenses, as may be amended from time to time. In order to comply with the Open Source Licenses, Licensee shall read the respective licenses or notices, such list of Open Source Licenses may be amended from time to time by Applitools, at its sole discretion. In the event of any inconsistencies or conflicting provisions between the provisions of the Open Source Licenses and the provisions of this Agreement, the provisions of the Open Source Licenses shall prevail. Without derogating from the generality of the foregoing, it is clarified that any Open Source Software is provided on an “AS IS” basis, without indemnity or warranty of any kind, whether express or implied. For clarity, the representations and warranties set forth in Section ‎4 hereunder shall not apply to any Open Source Software.\n1. Title & Ownership. APPLITOOLS DOES NOT SELL OR TRANSFER TITLE IN THE SOFTWARE, OR ANY PART THEREOF, TO LICENSEE. The Documentation, Software (excluding any Open Source Software and Third Party Software therein which are owned by their respective licensors) and/or any copies thereof, including without limitation any derivative works made (regardless of whether such derivative works were made and/or developed pursuant to the request and/or specifications of Licensee, and irrespective of any support and/or assistance Applitools may, will or had received from Licensee, or any third party on its behalf, with respect thereto), as well as any updates or upgrades thereto, if provided to Applitools pursuant to this Agreement, shall remain Applitools’ sole and exclusive property. All Intellectual Property Rights evidenced by or embodied in and/or attached/connected/related to the Software, or part thereof, are and shall be owned solely and exclusively by Applitools. Nothing in this Agreement shall constitute a waiver of Applitools’ Intellectual Property Rights under any law, or be in any way construed or interpreted as such. It is further agreed that to the extent Licensee provides Applitools with Feedback, Licensee acknowledges that any and all rights, including Intellectual Property Rights in such Feedback shall belong exclusively to Applitools and Licensee hereby irrevocably and unconditionally transfers and assigns to Applitools all intellectual property rights in such Feedback and waives any and all moral rights that Licensee may have in respect thereto. It is further understood that use of Feedback, if any, may be made by Applitools at its sole discretion, and that Applitools in no way shall be obliged to make use of any kind of the Feedback or part thereof. \n1. Warranty. Applitools warrants that to its knowledge it has the right to grant the license under this Agreement. Applitools’ sole liability for any breach of this warranty or any other warranty under this Agreement shall be, at Applitools’ sole discretion: (i) to replace or repair the Software or the applicable portion thereof; or (ii) to terminate this Agreement.\n2. Warranty Exclusions. The warranties set forth in Section ‎4 are contingent upon Licensee’s proper use of the Software, and shall not apply to damage caused by abuse, misuse, alteration, neglect or unauthorized repair or installation, or by the use or attempted use of Software other than that supplied and supported by Applitools. Applitools will use reasonable commercial efforts to repair or replace the Software or the applicable portion thereof, pursuant to the foregoing warranty within thirty (30) days of being so notified.\n1. Warranty Disclaimers. AS BETWEEN LICENSEE AND APPLITOOLS, EXCEPT AS SET IN SECTION ‎4, THE SOFTWARE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND INCLUDING, WITHOUT LIMITATION, REPRESENTATIONS, WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR INTENDED OR PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, THAT THE SOFTWARE WILL MEET LICENSEE’S REQUIREMENTS OR EXPECTATIONS OR WILL ACHIEVE ANY SPECIFIC RESULTS AND THOSE ARISING BY STATUTE OR FROM A COURSE OF DEALING OR USAGE OF TRADE. Applicable law may not allow the exclusion of certain warranties, so to that extent such exclusions may not apply.\n1. High Risk Activities. You acknowledge that the Software is not fault tolerant and is not designed, manufactured, or intended for use or resale as on-line control equipment in hazardous or high risk environments and activities requiring fail-safe performance (such as in the operation of nuclear facilities, aircraft navigation or communication systems, air traffic control, direct life support machines and/or devices, or weapons systems) in which the failure of the Software could lead directly to death, personal injury, or severe physical or environmental damage, and You agree not to use or allow the use of the Software or any portion thereof for, or in connection with, any such environment or activity.\n1. Indemnify. You agree that Applitools shall have no liability whatsoever for any use made of the Software by You or any third party. You hereby agree to defend, indemnify and hold harmless Applitools and its affiliates and their respective officers, directors, agents and employees from any and all claims, damages, liabilities, costs, and expenses (including attorney’s fees) arising from claims related to Your use of the Software as well as from Your failure to comply with this Agreement.\n1. Limitation of Liability. UNDER NO CIRCUMSTANCES SHALL APPLITOOLS AND/OR ITS AFFILIATES BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, OR FOR ANY LOSS OF DATA, REVENUE, BUSINESS OR REPUTATION, THAT ARISES UNDER OR IN CONNECTION WITH THIS AGREEMENT, OR THAT RESULTS FROM THE USE OF, OR THE INABILITY TO USE, THE SOFTWARE. APPLITOOLS’S TOTAL AGGREGATE LIABILITY FOR ANY AND ALL DIRECT DAMAGES AND LOSSES THAT ARISE UNDER OR IN CONNECTION WITH THIS AGREEMENT SHALL NOT IN ANY CIRCUMSTANCE EXCEED THE AMOUNT OF 100.00 (ONE HUNDRED) UNITED STATES DOLLARS. THE FOREGOING LIMITATIONS AND EXCLUSIONS IN THIS SECTION ‎7 SHALL APPLY: (I) EVEN IF APPLITOOLS HAS BEEN ADVISED OF THE POSSIBILITY OF ANY DAMAGES OR LOSSES; (II) EVEN IF ANY REMEDY SET FORTH HEREIN FAILS OF ITS ESSENTIAL PURPOSE; AND (III) REGARDLESS OF THE BASIS OR THEORY OF LIABILITY.\n1. Export Laws. Licensee agrees to comply fully with all U.S., EU, Israeli, and all applicable export laws and regulations to ensure that neither the Software nor any technical data related thereto are exported or re-exported directly or indirectly in violation of, or used for any purposes prohibited by, such laws and regulations. For clarity, and without derogating from Section ‎11 below, in case of any change of any applicable law, policy or regulation, which might affect Applitools’ business, Applitools will have the right to terminate this Agreement and the license granted hereunder and the Licensee shall have no claims regarding such termination. \n1. Term and Termination. This Agreement shall continue until terminated as set forth in this section (the “Term”). You may terminate this Agreement at any time by removing the Software from Your system and destroying all copies of the Software and Documentation relating to the Software. Unauthorized copying of the Software or otherwise failing to comply with this Agreement will result in automatic immediate termination of this Agreement and will make available to Applitools legal remedies. Applitools reserves the right to terminate this Agreement and the License at any time and without notice. Upon termination of this Agreement, the License will terminate and You: (i) will cease any and all rights to use the Software, and (ii) will remove the Software from all hard drives, networks and other storage media and destroy all copies of the Software in your possession or under your control. The provisions of Sections ‎2.3, ‎2.4, ‎2.5, ‎6, ‎7, ‎8, ‎9, 10, ‎11 and ‎12 shall survive the termination, expiration or other ending of this Agreement.\n1. Miscellaneous. This Agreement represents the complete agreement concerning the Software between You and Applitools and supersedes all prior agreements and representations between You and Applitools. If any provision of this Agreement is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable. Any waiver of any provision of this Agreement will be effective only if in writing and signed by Applitools. This Agreement is personal to You and may not be assigned or transferred for any reason whatsoever without the consent of Applitools and any action or conduct in violation of the foregoing shall be void and without effect. Applitools expressly reserves the right to assign this Agreement and to delegate any of its obligations hereunder. This Agreement are governed by and construed under the laws of the State of Israel, excluding its conflicts of law rules. You expressly agree that the exclusive jurisdiction for any claim or action arising out of or relating to this Agreement shall be the courts located in Tel Aviv, Israel, and You further agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action. 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BY INSTALLING, ACCESSING AND/OR USING THE SOFTWARE (AS DEFINED BELOW), YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOU, OR THE COMPANY YOU REPRESENT, (“YOU” OR “LICENSEE”) ARE ENTERING INTO A LEGAL AGREEMENT WITH APPLITOOLS LTD. AND ITS AFFILIATES (“APPLITOOLS”), AND HAVE UNDERSTOOD AND AGREE TO COMPLY WITH, AND BE LEGALLY BOUND BY, THE TERMS AND CONDITIONS OF THIS AGREEMENT. YOU HEREBY WAIVE ANY RIGHTS OR REQUIREMENTS UNDER ANY LAWS OR REGULATIONS IN ANY JURISDICTION WHICH REQUIRE AN ORIGINAL (NON-ELECTRONIC) SIGNATURE OR DELIVERY OR RETENTION OF NON-ELECTRONIC RECORDS, TO THE EXTENT PERMITTED UNDER APPLICABLE LAW. \nTHE SOFTWARE MAY BE USED SOLELY FOR YOUR PERSONAL, NON-COMMERCIAL PURPOSES. FOR COMMERCIAL PURPOSES PLEASE CONTACT THE REGIONAL APPLITOOLS BUSINESS REPRESENTATIVE. \n1. Definitions. For purposes of this Agreement, the following capitalized terms shall have the following meaning:\n   1. “Documentation” means the user’s guides and technical manuals delivered by Applitools to Licensee.\n   2.  “Feedback” means suggestions, comments or feedback (whether orally or in writing) with respect to the Software.\n   3. “Intellectual Property Rights” means all intangible legal rights, titles and interests evidenced by or embodied in all: (i) inventions (regardless of patentability and whether or not reduced to practice), improvements thereto, patents, patent applications, patent disclosures, together with all reissuances, continuations, continuations in part, revisions, extensions and reexaminations thereof; (ii) trademarks, service marks, trade dress, logos, trade names, corporate names, together with translations, adaptations, derivations and combinations thereof, including goodwill associated therewith, and applications, registrations, and renewals in connection therewith; (iii) any work of authorship, regardless of copyrightable, copyrightable works, copyrights (including moral rights), and applications, registrations and renewals in connection therewith; (iv) mask works and applications, registrations and renewals in connection therewith; (v) trade secrets and Confidential Information; and (vi) other proprietary rights and any other similar rights, in each case on a worldwide basis, and copies and tangible embodiments thereof, in whatever form or medium.\n   4. “License” means the right to use the Software pursuant to Section ‎2.1 to this Agreement.\n   5.  “Software” means Applitools’ software development kit software in object or source code version, Documentation and any updates and upgrade thereto (to the extent delivered).\n1. License\n   1. Grant of License. Subject to the terms and conditions of this Agreement, Applitools grants You, during the Term, a personal, non-exclusive, non-sublicensable, non-transferable, revocable license to: (i) use the Software solely for Your own personal (non-commercial) use and (ii) use and display Applitools’ Marks solely for the purpose of publicizing or advertising that You are using the Software. \n   2. Documentation. Applitools may make available Documentation to Licensee for Licensee to use solely in connection with Licensee’s use of the Software during the term of this Agreement. Licensee may print or copy the Documentation as needed for its own purposes provided that all copyright notices are included therein. The Documentation shall be considered the Confidential Information of Applitools. \n   1. Reservation of Rights; Use Restrictions. Other than the rights explicitly granted in this Agreement, Licensee shall have no other rights, express or implied, in the Software. Without limiting the generality of the foregoing, Licensee agrees and undertakes not to: (i) allow any third party to use the Software in any manner, including but not limited to, sell, lease, sublicense or distribute the Software, or any part thereof; (ii) modify, revise, or alter the Software or reverse engineer, decompile, disassemble or otherwise reduce to human-perceivable form the Software’s source code; (iii) copy or allow copies of the Software to be made; (iv) remove, alter or obscure any proprietary notice or identification, including copyright, trademark, patent or other notices, contained in or displayed on or via the Software; (v) use the Software to violate any applicable laws, rules or regulations, or for any unlawful, harmful, irresponsible, or inappropriate purpose, or in any manner that breaches this Agreement, and/or (vi) represent that it possesses any proprietary interest in the Software.\n   1. Third Party Software. Licensee acknowledges and agrees that any third party software (“Third Party Software”) that provided with the Software is provided under the terms of the license attached/linked thereto or, if no such license is attached, such Third Party Software is provided for free and on “AS IS” basis. Applitools is not liable for any losses or damages which may occur resulting from the use of any Third Party Software. Applitools does not possess any proprietary interest in such Third Party Software. \n   1. Open Source Licenses. The Software includes certain open source code software and materials (as shall be listed in the documentation of the Software) (“Open Source Software”) that are subject to their respective open source licenses (“Open Source Licenses”). Such Open Source Licenses contain a list of conditions with respect to warranty, copyright policy and other provisions. By executing this Agreement, Licensee undertakes to strictly comply with the terms and condition of the Open Source Licenses, as may be amended from time to time. In order to comply with the Open Source Licenses, Licensee shall read the respective licenses or notices, such list of Open Source Licenses may be amended from time to time by Applitools, at its sole discretion. In the event of any inconsistencies or conflicting provisions between the provisions of the Open Source Licenses and the provisions of this Agreement, the provisions of the Open Source Licenses shall prevail. Without derogating from the generality of the foregoing, it is clarified that any Open Source Software is provided on an “AS IS” basis, without indemnity or warranty of any kind, whether express or implied. For clarity, the representations and warranties set forth in Section ‎4 hereunder shall not apply to any Open Source Software.\n1. Title & Ownership. APPLITOOLS DOES NOT SELL OR TRANSFER TITLE IN THE SOFTWARE, OR ANY PART THEREOF, TO LICENSEE. The Documentation, Software (excluding any Open Source Software and Third Party Software therein which are owned by their respective licensors) and/or any copies thereof, including without limitation any derivative works made (regardless of whether such derivative works were made and/or developed pursuant to the request and/or specifications of Licensee, and irrespective of any support and/or assistance Applitools may, will or had received from Licensee, or any third party on its behalf, with respect thereto), as well as any updates or upgrades thereto, if provided to Applitools pursuant to this Agreement, shall remain Applitools’ sole and exclusive property. All Intellectual Property Rights evidenced by or embodied in and/or attached/connected/related to the Software, or part thereof, are and shall be owned solely and exclusively by Applitools. Nothing in this Agreement shall constitute a waiver of Applitools’ Intellectual Property Rights under any law, or be in any way construed or interpreted as such. It is further agreed that to the extent Licensee provides Applitools with Feedback, Licensee acknowledges that any and all rights, including Intellectual Property Rights in such Feedback shall belong exclusively to Applitools and Licensee hereby irrevocably and unconditionally transfers and assigns to Applitools all intellectual property rights in such Feedback and waives any and all moral rights that Licensee may have in respect thereto. It is further understood that use of Feedback, if any, may be made by Applitools at its sole discretion, and that Applitools in no way shall be obliged to make use of any kind of the Feedback or part thereof. \n1. Warranty. Applitools warrants that to its knowledge it has the right to grant the license under this Agreement. Applitools’ sole liability for any breach of this warranty or any other warranty under this Agreement shall be, at Applitools’ sole discretion: (i) to replace or repair the Software or the applicable portion thereof; or (ii) to terminate this Agreement.\n2. Warranty Exclusions. The warranties set forth in Section ‎4 are contingent upon Licensee’s proper use of the Software, and shall not apply to damage caused by abuse, misuse, alteration, neglect or unauthorized repair or installation, or by the use or attempted use of Software other than that supplied and supported by Applitools. Applitools will use reasonable commercial efforts to repair or replace the Software or the applicable portion thereof, pursuant to the foregoing warranty within thirty (30) days of being so notified.\n1. Warranty Disclaimers. AS BETWEEN LICENSEE AND APPLITOOLS, EXCEPT AS SET IN SECTION ‎4, THE SOFTWARE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND INCLUDING, WITHOUT LIMITATION, REPRESENTATIONS, WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR INTENDED OR PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, THAT THE SOFTWARE WILL MEET LICENSEE’S REQUIREMENTS OR EXPECTATIONS OR WILL ACHIEVE ANY SPECIFIC RESULTS AND THOSE ARISING BY STATUTE OR FROM A COURSE OF DEALING OR USAGE OF TRADE. Applicable law may not allow the exclusion of certain warranties, so to that extent such exclusions may not apply.\n1. High Risk Activities. You acknowledge that the Software is not fault tolerant and is not designed, manufactured, or intended for use or resale as on-line control equipment in hazardous or high risk environments and activities requiring fail-safe performance (such as in the operation of nuclear facilities, aircraft navigation or communication systems, air traffic control, direct life support machines and/or devices, or weapons systems) in which the failure of the Software could lead directly to death, personal injury, or severe physical or environmental damage, and You agree not to use or allow the use of the Software or any portion thereof for, or in connection with, any such environment or activity.\n1. Indemnify. You agree that Applitools shall have no liability whatsoever for any use made of the Software by You or any third party. You hereby agree to defend, indemnify and hold harmless Applitools and its affiliates and their respective officers, directors, agents and employees from any and all claims, damages, liabilities, costs, and expenses (including attorney’s fees) arising from claims related to Your use of the Software as well as from Your failure to comply with this Agreement.\n1. Limitation of Liability. UNDER NO CIRCUMSTANCES SHALL APPLITOOLS AND/OR ITS AFFILIATES BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, OR FOR ANY LOSS OF DATA, REVENUE, BUSINESS OR REPUTATION, THAT ARISES UNDER OR IN CONNECTION WITH THIS AGREEMENT, OR THAT RESULTS FROM THE USE OF, OR THE INABILITY TO USE, THE SOFTWARE. APPLITOOLS’S TOTAL AGGREGATE LIABILITY FOR ANY AND ALL DIRECT DAMAGES AND LOSSES THAT ARISE UNDER OR IN CONNECTION WITH THIS AGREEMENT SHALL NOT IN ANY CIRCUMSTANCE EXCEED THE AMOUNT OF 100.00 (ONE HUNDRED) UNITED STATES DOLLARS. THE FOREGOING LIMITATIONS AND EXCLUSIONS IN THIS SECTION ‎7 SHALL APPLY: (I) EVEN IF APPLITOOLS HAS BEEN ADVISED OF THE POSSIBILITY OF ANY DAMAGES OR LOSSES; (II) EVEN IF ANY REMEDY SET FORTH HEREIN FAILS OF ITS ESSENTIAL PURPOSE; AND (III) REGARDLESS OF THE BASIS OR THEORY OF LIABILITY.\n1. Export Laws. Licensee agrees to comply fully with all U.S., EU, Israeli, and all applicable export laws and regulations to ensure that neither the Software nor any technical data related thereto are exported or re-exported directly or indirectly in violation of, or used for any purposes prohibited by, such laws and regulations. For clarity, and without derogating from Section ‎11 below, in case of any change of any applicable law, policy or regulation, which might affect Applitools’ business, Applitools will have the right to terminate this Agreement and the license granted hereunder and the Licensee shall have no claims regarding such termination. \n1. Term and Termination. This Agreement shall continue until terminated as set forth in this section (the “Term”). You may terminate this Agreement at any time by removing the Software from Your system and destroying all copies of the Software and Documentation relating to the Software. Unauthorized copying of the Software or otherwise failing to comply with this Agreement will result in automatic immediate termination of this Agreement and will make available to Applitools legal remedies. Applitools reserves the right to terminate this Agreement and the License at any time and without notice. Upon termination of this Agreement, the License will terminate and You: (i) will cease any and all rights to use the Software, and (ii) will remove the Software from all hard drives, networks and other storage media and destroy all copies of the Software in your possession or under your control. The provisions of Sections ‎2.3, ‎2.4, ‎2.5, ‎6, ‎7, ‎8, ‎9, 10, ‎11 and ‎12 shall survive the termination, expiration or other ending of this Agreement.\n1. Miscellaneous. This Agreement represents the complete agreement concerning the Software between You and Applitools and supersedes all prior agreements and representations between You and Applitools. If any provision of this Agreement is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable. Any waiver of any provision of this Agreement will be effective only if in writing and signed by Applitools. This Agreement is personal to You and may not be assigned or transferred for any reason whatsoever without the consent of Applitools and any action or conduct in violation of the foregoing shall be void and without effect. Applitools expressly reserves the right to assign this Agreement and to delegate any of its obligations hereunder. This Agreement are governed by and construed under the laws of the State of Israel, excluding its conflicts of law rules. You expressly agree that the exclusive jurisdiction for any claim or action arising out of or relating to this Agreement shall be the courts located in Tel Aviv, Israel, and You further agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action. 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BY INSTALLING, ACCESSING AND/OR USING THE SOFTWARE (AS DEFINED BELOW), YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOU, OR THE COMPANY YOU REPRESENT, (“YOU” OR “LICENSEE”) ARE ENTERING INTO A LEGAL AGREEMENT WITH APPLITOOLS LTD. AND ITS AFFILIATES (“APPLITOOLS”), AND HAVE UNDERSTOOD AND AGREE TO COMPLY WITH, AND BE LEGALLY BOUND BY, THE TERMS AND CONDITIONS OF THIS AGREEMENT. YOU HEREBY WAIVE ANY RIGHTS OR REQUIREMENTS UNDER ANY LAWS OR REGULATIONS IN ANY JURISDICTION WHICH REQUIRE AN ORIGINAL (NON-ELECTRONIC) SIGNATURE OR DELIVERY OR RETENTION OF NON-ELECTRONIC RECORDS, TO THE EXTENT PERMITTED UNDER APPLICABLE LAW. \nTHE SOFTWARE MAY BE USED SOLELY FOR YOUR PERSONAL, NON-COMMERCIAL PURPOSES. FOR COMMERCIAL PURPOSES PLEASE CONTACT THE REGIONAL APPLITOOLS BUSINESS REPRESENTATIVE. \n1. Definitions. For purposes of this Agreement, the following capitalized terms shall have the following meaning:\n   1. “Documentation” means the user’s guides and technical manuals delivered by Applitools to Licensee.\n   2.  “Feedback” means suggestions, comments or feedback (whether orally or in writing) with respect to the Software.\n   3. “Intellectual Property Rights” means all intangible legal rights, titles and interests evidenced by or embodied in all: (i) inventions (regardless of patentability and whether or not reduced to practice), improvements thereto, patents, patent applications, patent disclosures, together with all reissuances, continuations, continuations in part, revisions, extensions and reexaminations thereof; (ii) trademarks, service marks, trade dress, logos, trade names, corporate names, together with translations, adaptations, derivations and combinations thereof, including goodwill associated therewith, and applications, registrations, and renewals in connection therewith; (iii) any work of authorship, regardless of copyrightable, copyrightable works, copyrights (including moral rights), and applications, registrations and renewals in connection therewith; (iv) mask works and applications, registrations and renewals in connection therewith; (v) trade secrets and Confidential Information; and (vi) other proprietary rights and any other similar rights, in each case on a worldwide basis, and copies and tangible embodiments thereof, in whatever form or medium.\n   4. “License” means the right to use the Software pursuant to Section ‎2.1 to this Agreement.\n   5.  “Software” means Applitools’ software development kit software in object or source code version, Documentation and any updates and upgrade thereto (to the extent delivered).\n1. License\n   1. Grant of License. Subject to the terms and conditions of this Agreement, Applitools grants You, during the Term, a personal, non-exclusive, non-sublicensable, non-transferable, revocable license to: (i) use the Software solely for Your own personal (non-commercial) use and (ii) use and display Applitools’ Marks solely for the purpose of publicizing or advertising that You are using the Software. \n   2. Documentation. Applitools may make available Documentation to Licensee for Licensee to use solely in connection with Licensee’s use of the Software during the term of this Agreement. Licensee may print or copy the Documentation as needed for its own purposes provided that all copyright notices are included therein. The Documentation shall be considered the Confidential Information of Applitools. \n   1. Reservation of Rights; Use Restrictions. Other than the rights explicitly granted in this Agreement, Licensee shall have no other rights, express or implied, in the Software. Without limiting the generality of the foregoing, Licensee agrees and undertakes not to: (i) allow any third party to use the Software in any manner, including but not limited to, sell, lease, sublicense or distribute the Software, or any part thereof; (ii) modify, revise, or alter the Software or reverse engineer, decompile, disassemble or otherwise reduce to human-perceivable form the Software’s source code; (iii) copy or allow copies of the Software to be made; (iv) remove, alter or obscure any proprietary notice or identification, including copyright, trademark, patent or other notices, contained in or displayed on or via the Software; (v) use the Software to violate any applicable laws, rules or regulations, or for any unlawful, harmful, irresponsible, or inappropriate purpose, or in any manner that breaches this Agreement, and/or (vi) represent that it possesses any proprietary interest in the Software.\n   1. Third Party Software. Licensee acknowledges and agrees that any third party software (“Third Party Software”) that provided with the Software is provided under the terms of the license attached/linked thereto or, if no such license is attached, such Third Party Software is provided for free and on “AS IS” basis. Applitools is not liable for any losses or damages which may occur resulting from the use of any Third Party Software. Applitools does not possess any proprietary interest in such Third Party Software. \n   1. Open Source Licenses. The Software includes certain open source code software and materials (as shall be listed in the documentation of the Software) (“Open Source Software”) that are subject to their respective open source licenses (“Open Source Licenses”). Such Open Source Licenses contain a list of conditions with respect to warranty, copyright policy and other provisions. By executing this Agreement, Licensee undertakes to strictly comply with the terms and condition of the Open Source Licenses, as may be amended from time to time. In order to comply with the Open Source Licenses, Licensee shall read the respective licenses or notices, such list of Open Source Licenses may be amended from time to time by Applitools, at its sole discretion. In the event of any inconsistencies or conflicting provisions between the provisions of the Open Source Licenses and the provisions of this Agreement, the provisions of the Open Source Licenses shall prevail. Without derogating from the generality of the foregoing, it is clarified that any Open Source Software is provided on an “AS IS” basis, without indemnity or warranty of any kind, whether express or implied. For clarity, the representations and warranties set forth in Section ‎4 hereunder shall not apply to any Open Source Software.\n1. Title & Ownership. APPLITOOLS DOES NOT SELL OR TRANSFER TITLE IN THE SOFTWARE, OR ANY PART THEREOF, TO LICENSEE. The Documentation, Software (excluding any Open Source Software and Third Party Software therein which are owned by their respective licensors) and/or any copies thereof, including without limitation any derivative works made (regardless of whether such derivative works were made and/or developed pursuant to the request and/or specifications of Licensee, and irrespective of any support and/or assistance Applitools may, will or had received from Licensee, or any third party on its behalf, with respect thereto), as well as any updates or upgrades thereto, if provided to Applitools pursuant to this Agreement, shall remain Applitools’ sole and exclusive property. All Intellectual Property Rights evidenced by or embodied in and/or attached/connected/related to the Software, or part thereof, are and shall be owned solely and exclusively by Applitools. Nothing in this Agreement shall constitute a waiver of Applitools’ Intellectual Property Rights under any law, or be in any way construed or interpreted as such. It is further agreed that to the extent Licensee provides Applitools with Feedback, Licensee acknowledges that any and all rights, including Intellectual Property Rights in such Feedback shall belong exclusively to Applitools and Licensee hereby irrevocably and unconditionally transfers and assigns to Applitools all intellectual property rights in such Feedback and waives any and all moral rights that Licensee may have in respect thereto. It is further understood that use of Feedback, if any, may be made by Applitools at its sole discretion, and that Applitools in no way shall be obliged to make use of any kind of the Feedback or part thereof. \n1. Warranty. Applitools warrants that to its knowledge it has the right to grant the license under this Agreement. Applitools’ sole liability for any breach of this warranty or any other warranty under this Agreement shall be, at Applitools’ sole discretion: (i) to replace or repair the Software or the applicable portion thereof; or (ii) to terminate this Agreement.\n2. Warranty Exclusions. The warranties set forth in Section ‎4 are contingent upon Licensee’s proper use of the Software, and shall not apply to damage caused by abuse, misuse, alteration, neglect or unauthorized repair or installation, or by the use or attempted use of Software other than that supplied and supported by Applitools. Applitools will use reasonable commercial efforts to repair or replace the Software or the applicable portion thereof, pursuant to the foregoing warranty within thirty (30) days of being so notified.\n1. Warranty Disclaimers. AS BETWEEN LICENSEE AND APPLITOOLS, EXCEPT AS SET IN SECTION ‎4, THE SOFTWARE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND INCLUDING, WITHOUT LIMITATION, REPRESENTATIONS, WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR INTENDED OR PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, THAT THE SOFTWARE WILL MEET LICENSEE’S REQUIREMENTS OR EXPECTATIONS OR WILL ACHIEVE ANY SPECIFIC RESULTS AND THOSE ARISING BY STATUTE OR FROM A COURSE OF DEALING OR USAGE OF TRADE. Applicable law may not allow the exclusion of certain warranties, so to that extent such exclusions may not apply.\n1. High Risk Activities. You acknowledge that the Software is not fault tolerant and is not designed, manufactured, or intended for use or resale as on-line control equipment in hazardous or high risk environments and activities requiring fail-safe performance (such as in the operation of nuclear facilities, aircraft navigation or communication systems, air traffic control, direct life support machines and/or devices, or weapons systems) in which the failure of the Software could lead directly to death, personal injury, or severe physical or environmental damage, and You agree not to use or allow the use of the Software or any portion thereof for, or in connection with, any such environment or activity.\n1. Indemnify. You agree that Applitools shall have no liability whatsoever for any use made of the Software by You or any third party. You hereby agree to defend, indemnify and hold harmless Applitools and its affiliates and their respective officers, directors, agents and employees from any and all claims, damages, liabilities, costs, and expenses (including attorney’s fees) arising from claims related to Your use of the Software as well as from Your failure to comply with this Agreement.\n1. Limitation of Liability. UNDER NO CIRCUMSTANCES SHALL APPLITOOLS AND/OR ITS AFFILIATES BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, OR FOR ANY LOSS OF DATA, REVENUE, BUSINESS OR REPUTATION, THAT ARISES UNDER OR IN CONNECTION WITH THIS AGREEMENT, OR THAT RESULTS FROM THE USE OF, OR THE INABILITY TO USE, THE SOFTWARE. APPLITOOLS’S TOTAL AGGREGATE LIABILITY FOR ANY AND ALL DIRECT DAMAGES AND LOSSES THAT ARISE UNDER OR IN CONNECTION WITH THIS AGREEMENT SHALL NOT IN ANY CIRCUMSTANCE EXCEED THE AMOUNT OF 100.00 (ONE HUNDRED) UNITED STATES DOLLARS. THE FOREGOING LIMITATIONS AND EXCLUSIONS IN THIS SECTION ‎7 SHALL APPLY: (I) EVEN IF APPLITOOLS HAS BEEN ADVISED OF THE POSSIBILITY OF ANY DAMAGES OR LOSSES; (II) EVEN IF ANY REMEDY SET FORTH HEREIN FAILS OF ITS ESSENTIAL PURPOSE; AND (III) REGARDLESS OF THE BASIS OR THEORY OF LIABILITY.\n1. Export Laws. Licensee agrees to comply fully with all U.S., EU, Israeli, and all applicable export laws and regulations to ensure that neither the Software nor any technical data related thereto are exported or re-exported directly or indirectly in violation of, or used for any purposes prohibited by, such laws and regulations. For clarity, and without derogating from Section ‎11 below, in case of any change of any applicable law, policy or regulation, which might affect Applitools’ business, Applitools will have the right to terminate this Agreement and the license granted hereunder and the Licensee shall have no claims regarding such termination. \n1. Term and Termination. This Agreement shall continue until terminated as set forth in this section (the “Term”). You may terminate this Agreement at any time by removing the Software from Your system and destroying all copies of the Software and Documentation relating to the Software. Unauthorized copying of the Software or otherwise failing to comply with this Agreement will result in automatic immediate termination of this Agreement and will make available to Applitools legal remedies. Applitools reserves the right to terminate this Agreement and the License at any time and without notice. Upon termination of this Agreement, the License will terminate and You: (i) will cease any and all rights to use the Software, and (ii) will remove the Software from all hard drives, networks and other storage media and destroy all copies of the Software in your possession or under your control. The provisions of Sections ‎2.3, ‎2.4, ‎2.5, ‎6, ‎7, ‎8, ‎9, 10, ‎11 and ‎12 shall survive the termination, expiration or other ending of this Agreement.\n1. Miscellaneous. This Agreement represents the complete agreement concerning the Software between You and Applitools and supersedes all prior agreements and representations between You and Applitools. If any provision of this Agreement is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable. Any waiver of any provision of this Agreement will be effective only if in writing and signed by Applitools. This Agreement is personal to You and may not be assigned or transferred for any reason whatsoever without the consent of Applitools and any action or conduct in violation of the foregoing shall be void and without effect. Applitools expressly reserves the right to assign this Agreement and to delegate any of its obligations hereunder. This Agreement are governed by and construed under the laws of the State of Israel, excluding its conflicts of law rules. You expressly agree that the exclusive jurisdiction for any claim or action arising out of or relating to this Agreement shall be the courts located in Tel Aviv, Israel, and You further agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action. In any action or proceeding to enforce rights under this Agreement, the prevailing party shall be entitled to recover costs and attorneys’ 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BY INSTALLING, ACCESSING AND/OR USING THE SOFTWARE (AS DEFINED BELOW), YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOU, OR THE COMPANY YOU REPRESENT, (“YOU” OR “LICENSEE”) ARE ENTERING INTO A LEGAL AGREEMENT WITH APPLITOOLS LTD. AND ITS AFFILIATES (“APPLITOOLS”), AND HAVE UNDERSTOOD AND AGREE TO COMPLY WITH, AND BE LEGALLY BOUND BY, THE TERMS AND CONDITIONS OF THIS AGREEMENT. YOU HEREBY WAIVE ANY RIGHTS OR REQUIREMENTS UNDER ANY LAWS OR REGULATIONS IN ANY JURISDICTION WHICH REQUIRE AN ORIGINAL (NON-ELECTRONIC) SIGNATURE OR DELIVERY OR RETENTION OF NON-ELECTRONIC RECORDS, TO THE EXTENT PERMITTED UNDER APPLICABLE LAW. \nTHE SOFTWARE MAY BE USED SOLELY FOR YOUR PERSONAL, NON-COMMERCIAL PURPOSES. FOR COMMERCIAL PURPOSES PLEASE CONTACT THE REGIONAL APPLITOOLS BUSINESS REPRESENTATIVE. \n1. Definitions. For purposes of this Agreement, the following capitalized terms shall have the following meaning:\n   1. “Documentation” means the user’s guides and technical manuals delivered by Applitools to Licensee.\n   2.  “Feedback” means suggestions, comments or feedback (whether orally or in writing) with respect to the Software.\n   3. “Intellectual Property Rights” means all intangible legal rights, titles and interests evidenced by or embodied in all: (i) inventions (regardless of patentability and whether or not reduced to practice), improvements thereto, patents, patent applications, patent disclosures, together with all reissuances, continuations, continuations in part, revisions, extensions and reexaminations thereof; (ii) trademarks, service marks, trade dress, logos, trade names, corporate names, together with translations, adaptations, derivations and combinations thereof, including goodwill associated therewith, and applications, registrations, and renewals in connection therewith; (iii) any work of authorship, regardless of copyrightable, copyrightable works, copyrights (including moral rights), and applications, registrations and renewals in connection therewith; (iv) mask works and applications, registrations and renewals in connection therewith; (v) trade secrets and Confidential Information; and (vi) other proprietary rights and any other similar rights, in each case on a worldwide basis, and copies and tangible embodiments thereof, in whatever form or medium.\n   4. “License” means the right to use the Software pursuant to Section ‎2.1 to this Agreement.\n   5.  “Software” means Applitools’ software development kit software in object or source code version, Documentation and any updates and upgrade thereto (to the extent delivered).\n1. License\n   1. Grant of License. Subject to the terms and conditions of this Agreement, Applitools grants You, during the Term, a personal, non-exclusive, non-sublicensable, non-transferable, revocable license to: (i) use the Software solely for Your own personal (non-commercial) use and (ii) use and display Applitools’ Marks solely for the purpose of publicizing or advertising that You are using the Software. \n   2. Documentation. Applitools may make available Documentation to Licensee for Licensee to use solely in connection with Licensee’s use of the Software during the term of this Agreement. Licensee may print or copy the Documentation as needed for its own purposes provided that all copyright notices are included therein. The Documentation shall be considered the Confidential Information of Applitools. \n   1. Reservation of Rights; Use Restrictions. Other than the rights explicitly granted in this Agreement, Licensee shall have no other rights, express or implied, in the Software. Without limiting the generality of the foregoing, Licensee agrees and undertakes not to: (i) allow any third party to use the Software in any manner, including but not limited to, sell, lease, sublicense or distribute the Software, or any part thereof; (ii) modify, revise, or alter the Software or reverse engineer, decompile, disassemble or otherwise reduce to human-perceivable form the Software’s source code; (iii) copy or allow copies of the Software to be made; (iv) remove, alter or obscure any proprietary notice or identification, including copyright, trademark, patent or other notices, contained in or displayed on or via the Software; (v) use the Software to violate any applicable laws, rules or regulations, or for any unlawful, harmful, irresponsible, or inappropriate purpose, or in any manner that breaches this Agreement, and/or (vi) represent that it possesses any proprietary interest in the Software.\n   1. Third Party Software. Licensee acknowledges and agrees that any third party software (“Third Party Software”) that provided with the Software is provided under the terms of the license attached/linked thereto or, if no such license is attached, such Third Party Software is provided for free and on “AS IS” basis. Applitools is not liable for any losses or damages which may occur resulting from the use of any Third Party Software. Applitools does not possess any proprietary interest in such Third Party Software. \n   1. Open Source Licenses. The Software includes certain open source code software and materials (as shall be listed in the documentation of the Software) (“Open Source Software”) that are subject to their respective open source licenses (“Open Source Licenses”). Such Open Source Licenses contain a list of conditions with respect to warranty, copyright policy and other provisions. By executing this Agreement, Licensee undertakes to strictly comply with the terms and condition of the Open Source Licenses, as may be amended from time to time. In order to comply with the Open Source Licenses, Licensee shall read the respective licenses or notices, such list of Open Source Licenses may be amended from time to time by Applitools, at its sole discretion. In the event of any inconsistencies or conflicting provisions between the provisions of the Open Source Licenses and the provisions of this Agreement, the provisions of the Open Source Licenses shall prevail. Without derogating from the generality of the foregoing, it is clarified that any Open Source Software is provided on an “AS IS” basis, without indemnity or warranty of any kind, whether express or implied. For clarity, the representations and warranties set forth in Section ‎4 hereunder shall not apply to any Open Source Software.\n1. Title & Ownership. APPLITOOLS DOES NOT SELL OR TRANSFER TITLE IN THE SOFTWARE, OR ANY PART THEREOF, TO LICENSEE. The Documentation, Software (excluding any Open Source Software and Third Party Software therein which are owned by their respective licensors) and/or any copies thereof, including without limitation any derivative works made (regardless of whether such derivative works were made and/or developed pursuant to the request and/or specifications of Licensee, and irrespective of any support and/or assistance Applitools may, will or had received from Licensee, or any third party on its behalf, with respect thereto), as well as any updates or upgrades thereto, if provided to Applitools pursuant to this Agreement, shall remain Applitools’ sole and exclusive property. All Intellectual Property Rights evidenced by or embodied in and/or attached/connected/related to the Software, or part thereof, are and shall be owned solely and exclusively by Applitools. Nothing in this Agreement shall constitute a waiver of Applitools’ Intellectual Property Rights under any law, or be in any way construed or interpreted as such. It is further agreed that to the extent Licensee provides Applitools with Feedback, Licensee acknowledges that any and all rights, including Intellectual Property Rights in such Feedback shall belong exclusively to Applitools and Licensee hereby irrevocably and unconditionally transfers and assigns to Applitools all intellectual property rights in such Feedback and waives any and all moral rights that Licensee may have in respect thereto. It is further understood that use of Feedback, if any, may be made by Applitools at its sole discretion, and that Applitools in no way shall be obliged to make use of any kind of the Feedback or part thereof. \n1. Warranty. Applitools warrants that to its knowledge it has the right to grant the license under this Agreement. Applitools’ sole liability for any breach of this warranty or any other warranty under this Agreement shall be, at Applitools’ sole discretion: (i) to replace or repair the Software or the applicable portion thereof; or (ii) to terminate this Agreement.\n2. Warranty Exclusions. The warranties set forth in Section ‎4 are contingent upon Licensee’s proper use of the Software, and shall not apply to damage caused by abuse, misuse, alteration, neglect or unauthorized repair or installation, or by the use or attempted use of Software other than that supplied and supported by Applitools. Applitools will use reasonable commercial efforts to repair or replace the Software or the applicable portion thereof, pursuant to the foregoing warranty within thirty (30) days of being so notified.\n1. Warranty Disclaimers. AS BETWEEN LICENSEE AND APPLITOOLS, EXCEPT AS SET IN SECTION ‎4, THE SOFTWARE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND INCLUDING, WITHOUT LIMITATION, REPRESENTATIONS, WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR INTENDED OR PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, THAT THE SOFTWARE WILL MEET LICENSEE’S REQUIREMENTS OR EXPECTATIONS OR WILL ACHIEVE ANY SPECIFIC RESULTS AND THOSE ARISING BY STATUTE OR FROM A COURSE OF DEALING OR USAGE OF TRADE. Applicable law may not allow the exclusion of certain warranties, so to that extent such exclusions may not apply.\n1. High Risk Activities. You acknowledge that the Software is not fault tolerant and is not designed, manufactured, or intended for use or resale as on-line control equipment in hazardous or high risk environments and activities requiring fail-safe performance (such as in the operation of nuclear facilities, aircraft navigation or communication systems, air traffic control, direct life support machines and/or devices, or weapons systems) in which the failure of the Software could lead directly to death, personal injury, or severe physical or environmental damage, and You agree not to use or allow the use of the Software or any portion thereof for, or in connection with, any such environment or activity.\n1. Indemnify. You agree that Applitools shall have no liability whatsoever for any use made of the Software by You or any third party. You hereby agree to defend, indemnify and hold harmless Applitools and its affiliates and their respective officers, directors, agents and employees from any and all claims, damages, liabilities, costs, and expenses (including attorney’s fees) arising from claims related to Your use of the Software as well as from Your failure to comply with this Agreement.\n1. Limitation of Liability. UNDER NO CIRCUMSTANCES SHALL APPLITOOLS AND/OR ITS AFFILIATES BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, OR FOR ANY LOSS OF DATA, REVENUE, BUSINESS OR REPUTATION, THAT ARISES UNDER OR IN CONNECTION WITH THIS AGREEMENT, OR THAT RESULTS FROM THE USE OF, OR THE INABILITY TO USE, THE SOFTWARE. APPLITOOLS’S TOTAL AGGREGATE LIABILITY FOR ANY AND ALL DIRECT DAMAGES AND LOSSES THAT ARISE UNDER OR IN CONNECTION WITH THIS AGREEMENT SHALL NOT IN ANY CIRCUMSTANCE EXCEED THE AMOUNT OF 100.00 (ONE HUNDRED) UNITED STATES DOLLARS. THE FOREGOING LIMITATIONS AND EXCLUSIONS IN THIS SECTION ‎7 SHALL APPLY: (I) EVEN IF APPLITOOLS HAS BEEN ADVISED OF THE POSSIBILITY OF ANY DAMAGES OR LOSSES; (II) EVEN IF ANY REMEDY SET FORTH HEREIN FAILS OF ITS ESSENTIAL PURPOSE; AND (III) REGARDLESS OF THE BASIS OR THEORY OF LIABILITY.\n1. Export Laws. Licensee agrees to comply fully with all U.S., EU, Israeli, and all applicable export laws and regulations to ensure that neither the Software nor any technical data related thereto are exported or re-exported directly or indirectly in violation of, or used for any purposes prohibited by, such laws and regulations. For clarity, and without derogating from Section ‎11 below, in case of any change of any applicable law, policy or regulation, which might affect Applitools’ business, Applitools will have the right to terminate this Agreement and the license granted hereunder and the Licensee shall have no claims regarding such termination. \n1. Term and Termination. This Agreement shall continue until terminated as set forth in this section (the “Term”). You may terminate this Agreement at any time by removing the Software from Your system and destroying all copies of the Software and Documentation relating to the Software. Unauthorized copying of the Software or otherwise failing to comply with this Agreement will result in automatic immediate termination of this Agreement and will make available to Applitools legal remedies. Applitools reserves the right to terminate this Agreement and the License at any time and without notice. Upon termination of this Agreement, the License will terminate and You: (i) will cease any and all rights to use the Software, and (ii) will remove the Software from all hard drives, networks and other storage media and destroy all copies of the Software in your possession or under your control. The provisions of Sections ‎2.3, ‎2.4, ‎2.5, ‎6, ‎7, ‎8, ‎9, 10, ‎11 and ‎12 shall survive the termination, expiration or other ending of this Agreement.\n1. Miscellaneous. This Agreement represents the complete agreement concerning the Software between You and Applitools and supersedes all prior agreements and representations between You and Applitools. If any provision of this Agreement is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable. Any waiver of any provision of this Agreement will be effective only if in writing and signed by Applitools. This Agreement is personal to You and may not be assigned or transferred for any reason whatsoever without the consent of Applitools and any action or conduct in violation of the foregoing shall be void and without effect. Applitools expressly reserves the right to assign this Agreement and to delegate any of its obligations hereunder. This Agreement are governed by and construed under the laws of the State of Israel, excluding its conflicts of law rules. You expressly agree that the exclusive jurisdiction for any claim or action arising out of or relating to this Agreement shall be the courts located in Tel Aviv, Israel, and You further agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action. 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BY INSTALLING, ACCESSING AND/OR USING THE SOFTWARE (AS DEFINED BELOW), YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOU, OR THE COMPANY YOU REPRESENT, (“YOU” OR “LICENSEE”) ARE ENTERING INTO A LEGAL AGREEMENT WITH APPLITOOLS LTD. AND ITS AFFILIATES (“APPLITOOLS”), AND HAVE UNDERSTOOD AND AGREE TO COMPLY WITH, AND BE LEGALLY BOUND BY, THE TERMS AND CONDITIONS OF THIS AGREEMENT. YOU HEREBY WAIVE ANY RIGHTS OR REQUIREMENTS UNDER ANY LAWS OR REGULATIONS IN ANY JURISDICTION WHICH REQUIRE AN ORIGINAL (NON-ELECTRONIC) SIGNATURE OR DELIVERY OR RETENTION OF NON-ELECTRONIC RECORDS, TO THE EXTENT PERMITTED UNDER APPLICABLE LAW. \nTHE SOFTWARE MAY BE USED SOLELY FOR YOUR PERSONAL, NON-COMMERCIAL PURPOSES. FOR COMMERCIAL PURPOSES PLEASE CONTACT THE REGIONAL APPLITOOLS BUSINESS REPRESENTATIVE. \n1. Definitions. For purposes of this Agreement, the following capitalized terms shall have the following meaning:\n   1. “Documentation” means the user’s guides and technical manuals delivered by Applitools to Licensee.\n   2.  “Feedback” means suggestions, comments or feedback (whether orally or in writing) with respect to the Software.\n   3. “Intellectual Property Rights” means all intangible legal rights, titles and interests evidenced by or embodied in all: (i) inventions (regardless of patentability and whether or not reduced to practice), improvements thereto, patents, patent applications, patent disclosures, together with all reissuances, continuations, continuations in part, revisions, extensions and reexaminations thereof; (ii) trademarks, service marks, trade dress, logos, trade names, corporate names, together with translations, adaptations, derivations and combinations thereof, including goodwill associated therewith, and applications, registrations, and renewals in connection therewith; (iii) any work of authorship, regardless of copyrightable, copyrightable works, copyrights (including moral rights), and applications, registrations and renewals in connection therewith; (iv) mask works and applications, registrations and renewals in connection therewith; (v) trade secrets and Confidential Information; and (vi) other proprietary rights and any other similar rights, in each case on a worldwide basis, and copies and tangible embodiments thereof, in whatever form or medium.\n   4. “License” means the right to use the Software pursuant to Section ‎2.1 to this Agreement.\n   5.  “Software” means Applitools’ software development kit software in object or source code version, Documentation and any updates and upgrade thereto (to the extent delivered).\n1. License\n   1. Grant of License. Subject to the terms and conditions of this Agreement, Applitools grants You, during the Term, a personal, non-exclusive, non-sublicensable, non-transferable, revocable license to: (i) use the Software solely for Your own personal (non-commercial) use and (ii) use and display Applitools’ Marks solely for the purpose of publicizing or advertising that You are using the Software. \n   2. Documentation. Applitools may make available Documentation to Licensee for Licensee to use solely in connection with Licensee’s use of the Software during the term of this Agreement. Licensee may print or copy the Documentation as needed for its own purposes provided that all copyright notices are included therein. The Documentation shall be considered the Confidential Information of Applitools. \n   1. Reservation of Rights; Use Restrictions. Other than the rights explicitly granted in this Agreement, Licensee shall have no other rights, express or implied, in the Software. Without limiting the generality of the foregoing, Licensee agrees and undertakes not to: (i) allow any third party to use the Software in any manner, including but not limited to, sell, lease, sublicense or distribute the Software, or any part thereof; (ii) modify, revise, or alter the Software or reverse engineer, decompile, disassemble or otherwise reduce to human-perceivable form the Software’s source code; (iii) copy or allow copies of the Software to be made; (iv) remove, alter or obscure any proprietary notice or identification, including copyright, trademark, patent or other notices, contained in or displayed on or via the Software; (v) use the Software to violate any applicable laws, rules or regulations, or for any unlawful, harmful, irresponsible, or inappropriate purpose, or in any manner that breaches this Agreement, and/or (vi) represent that it possesses any proprietary interest in the Software.\n   1. Third Party Software. Licensee acknowledges and agrees that any third party software (“Third Party Software”) that provided with the Software is provided under the terms of the license attached/linked thereto or, if no such license is attached, such Third Party Software is provided for free and on “AS IS” basis. Applitools is not liable for any losses or damages which may occur resulting from the use of any Third Party Software. Applitools does not possess any proprietary interest in such Third Party Software. \n   1. Open Source Licenses. The Software includes certain open source code software and materials (as shall be listed in the documentation of the Software) (“Open Source Software”) that are subject to their respective open source licenses (“Open Source Licenses”). Such Open Source Licenses contain a list of conditions with respect to warranty, copyright policy and other provisions. By executing this Agreement, Licensee undertakes to strictly comply with the terms and condition of the Open Source Licenses, as may be amended from time to time. In order to comply with the Open Source Licenses, Licensee shall read the respective licenses or notices, such list of Open Source Licenses may be amended from time to time by Applitools, at its sole discretion. In the event of any inconsistencies or conflicting provisions between the provisions of the Open Source Licenses and the provisions of this Agreement, the provisions of the Open Source Licenses shall prevail. Without derogating from the generality of the foregoing, it is clarified that any Open Source Software is provided on an “AS IS” basis, without indemnity or warranty of any kind, whether express or implied. For clarity, the representations and warranties set forth in Section ‎4 hereunder shall not apply to any Open Source Software.\n1. Title & Ownership. APPLITOOLS DOES NOT SELL OR TRANSFER TITLE IN THE SOFTWARE, OR ANY PART THEREOF, TO LICENSEE. The Documentation, Software (excluding any Open Source Software and Third Party Software therein which are owned by their respective licensors) and/or any copies thereof, including without limitation any derivative works made (regardless of whether such derivative works were made and/or developed pursuant to the request and/or specifications of Licensee, and irrespective of any support and/or assistance Applitools may, will or had received from Licensee, or any third party on its behalf, with respect thereto), as well as any updates or upgrades thereto, if provided to Applitools pursuant to this Agreement, shall remain Applitools’ sole and exclusive property. All Intellectual Property Rights evidenced by or embodied in and/or attached/connected/related to the Software, or part thereof, are and shall be owned solely and exclusively by Applitools. Nothing in this Agreement shall constitute a waiver of Applitools’ Intellectual Property Rights under any law, or be in any way construed or interpreted as such. It is further agreed that to the extent Licensee provides Applitools with Feedback, Licensee acknowledges that any and all rights, including Intellectual Property Rights in such Feedback shall belong exclusively to Applitools and Licensee hereby irrevocably and unconditionally transfers and assigns to Applitools all intellectual property rights in such Feedback and waives any and all moral rights that Licensee may have in respect thereto. It is further understood that use of Feedback, if any, may be made by Applitools at its sole discretion, and that Applitools in no way shall be obliged to make use of any kind of the Feedback or part thereof. \n1. Warranty. Applitools warrants that to its knowledge it has the right to grant the license under this Agreement. Applitools’ sole liability for any breach of this warranty or any other warranty under this Agreement shall be, at Applitools’ sole discretion: (i) to replace or repair the Software or the applicable portion thereof; or (ii) to terminate this Agreement.\n2. Warranty Exclusions. The warranties set forth in Section ‎4 are contingent upon Licensee’s proper use of the Software, and shall not apply to damage caused by abuse, misuse, alteration, neglect or unauthorized repair or installation, or by the use or attempted use of Software other than that supplied and supported by Applitools. Applitools will use reasonable commercial efforts to repair or replace the Software or the applicable portion thereof, pursuant to the foregoing warranty within thirty (30) days of being so notified.\n1. Warranty Disclaimers. AS BETWEEN LICENSEE AND APPLITOOLS, EXCEPT AS SET IN SECTION ‎4, THE SOFTWARE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND INCLUDING, WITHOUT LIMITATION, REPRESENTATIONS, WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR INTENDED OR PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, THAT THE SOFTWARE WILL MEET LICENSEE’S REQUIREMENTS OR EXPECTATIONS OR WILL ACHIEVE ANY SPECIFIC RESULTS AND THOSE ARISING BY STATUTE OR FROM A COURSE OF DEALING OR USAGE OF TRADE. Applicable law may not allow the exclusion of certain warranties, so to that extent such exclusions may not apply.\n1. High Risk Activities. You acknowledge that the Software is not fault tolerant and is not designed, manufactured, or intended for use or resale as on-line control equipment in hazardous or high risk environments and activities requiring fail-safe performance (such as in the operation of nuclear facilities, aircraft navigation or communication systems, air traffic control, direct life support machines and/or devices, or weapons systems) in which the failure of the Software could lead directly to death, personal injury, or severe physical or environmental damage, and You agree not to use or allow the use of the Software or any portion thereof for, or in connection with, any such environment or activity.\n1. Indemnify. You agree that Applitools shall have no liability whatsoever for any use made of the Software by You or any third party. You hereby agree to defend, indemnify and hold harmless Applitools and its affiliates and their respective officers, directors, agents and employees from any and all claims, damages, liabilities, costs, and expenses (including attorney’s fees) arising from claims related to Your use of the Software as well as from Your failure to comply with this Agreement.\n1. Limitation of Liability. UNDER NO CIRCUMSTANCES SHALL APPLITOOLS AND/OR ITS AFFILIATES BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, OR FOR ANY LOSS OF DATA, REVENUE, BUSINESS OR REPUTATION, THAT ARISES UNDER OR IN CONNECTION WITH THIS AGREEMENT, OR THAT RESULTS FROM THE USE OF, OR THE INABILITY TO USE, THE SOFTWARE. APPLITOOLS’S TOTAL AGGREGATE LIABILITY FOR ANY AND ALL DIRECT DAMAGES AND LOSSES THAT ARISE UNDER OR IN CONNECTION WITH THIS AGREEMENT SHALL NOT IN ANY CIRCUMSTANCE EXCEED THE AMOUNT OF 100.00 (ONE HUNDRED) UNITED STATES DOLLARS. THE FOREGOING LIMITATIONS AND EXCLUSIONS IN THIS SECTION ‎7 SHALL APPLY: (I) EVEN IF APPLITOOLS HAS BEEN ADVISED OF THE POSSIBILITY OF ANY DAMAGES OR LOSSES; (II) EVEN IF ANY REMEDY SET FORTH HEREIN FAILS OF ITS ESSENTIAL PURPOSE; AND (III) REGARDLESS OF THE BASIS OR THEORY OF LIABILITY.\n1. Export Laws. Licensee agrees to comply fully with all U.S., EU, Israeli, and all applicable export laws and regulations to ensure that neither the Software nor any technical data related thereto are exported or re-exported directly or indirectly in violation of, or used for any purposes prohibited by, such laws and regulations. For clarity, and without derogating from Section ‎11 below, in case of any change of any applicable law, policy or regulation, which might affect Applitools’ business, Applitools will have the right to terminate this Agreement and the license granted hereunder and the Licensee shall have no claims regarding such termination. \n1. Term and Termination. This Agreement shall continue until terminated as set forth in this section (the “Term”). You may terminate this Agreement at any time by removing the Software from Your system and destroying all copies of the Software and Documentation relating to the Software. Unauthorized copying of the Software or otherwise failing to comply with this Agreement will result in automatic immediate termination of this Agreement and will make available to Applitools legal remedies. Applitools reserves the right to terminate this Agreement and the License at any time and without notice. Upon termination of this Agreement, the License will terminate and You: (i) will cease any and all rights to use the Software, and (ii) will remove the Software from all hard drives, networks and other storage media and destroy all copies of the Software in your possession or under your control. The provisions of Sections ‎2.3, ‎2.4, ‎2.5, ‎6, ‎7, ‎8, ‎9, 10, ‎11 and ‎12 shall survive the termination, expiration or other ending of this Agreement.\n1. Miscellaneous. This Agreement represents the complete agreement concerning the Software between You and Applitools and supersedes all prior agreements and representations between You and Applitools. If any provision of this Agreement is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable. Any waiver of any provision of this Agreement will be effective only if in writing and signed by Applitools. This Agreement is personal to You and may not be assigned or transferred for any reason whatsoever without the consent of Applitools and any action or conduct in violation of the foregoing shall be void and without effect. Applitools expressly reserves the right to assign this Agreement and to delegate any of its obligations hereunder. This Agreement are governed by and construed under the laws of the State of Israel, excluding its conflicts of law rules. You expressly agree that the exclusive jurisdiction for any claim or action arising out of or relating to this Agreement shall be the courts located in Tel Aviv, Israel, and You further agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action. 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BY INSTALLING, ACCESSING AND/OR USING THE SOFTWARE (AS DEFINED BELOW), YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOU, OR THE COMPANY YOU REPRESENT, (“YOU” OR “LICENSEE”) ARE ENTERING INTO A LEGAL AGREEMENT WITH APPLITOOLS LTD. AND ITS AFFILIATES (“APPLITOOLS”), AND HAVE UNDERSTOOD AND AGREE TO COMPLY WITH, AND BE LEGALLY BOUND BY, THE TERMS AND CONDITIONS OF THIS AGREEMENT. YOU HEREBY WAIVE ANY RIGHTS OR REQUIREMENTS UNDER ANY LAWS OR REGULATIONS IN ANY JURISDICTION WHICH REQUIRE AN ORIGINAL (NON-ELECTRONIC) SIGNATURE OR DELIVERY OR RETENTION OF NON-ELECTRONIC RECORDS, TO THE EXTENT PERMITTED UNDER APPLICABLE LAW. \nTHE SOFTWARE MAY BE USED SOLELY FOR YOUR PERSONAL, NON-COMMERCIAL PURPOSES. FOR COMMERCIAL PURPOSES PLEASE CONTACT THE REGIONAL APPLITOOLS BUSINESS REPRESENTATIVE. \n1. Definitions. For purposes of this Agreement, the following capitalized terms shall have the following meaning:\n   1. “Documentation” means the user’s guides and technical manuals delivered by Applitools to Licensee.\n   2.  “Feedback” means suggestions, comments or feedback (whether orally or in writing) with respect to the Software.\n   3. “Intellectual Property Rights” means all intangible legal rights, titles and interests evidenced by or embodied in all: (i) inventions (regardless of patentability and whether or not reduced to practice), improvements thereto, patents, patent applications, patent disclosures, together with all reissuances, continuations, continuations in part, revisions, extensions and reexaminations thereof; (ii) trademarks, service marks, trade dress, logos, trade names, corporate names, together with translations, adaptations, derivations and combinations thereof, including goodwill associated therewith, and applications, registrations, and renewals in connection therewith; (iii) any work of authorship, regardless of copyrightable, copyrightable works, copyrights (including moral rights), and applications, registrations and renewals in connection therewith; (iv) mask works and applications, registrations and renewals in connection therewith; (v) trade secrets and Confidential Information; and (vi) other proprietary rights and any other similar rights, in each case on a worldwide basis, and copies and tangible embodiments thereof, in whatever form or medium.\n   4. “License” means the right to use the Software pursuant to Section ‎2.1 to this Agreement.\n   5.  “Software” means Applitools’ software development kit software in object or source code version, Documentation and any updates and upgrade thereto (to the extent delivered).\n1. License\n   1. Grant of License. Subject to the terms and conditions of this Agreement, Applitools grants You, during the Term, a personal, non-exclusive, non-sublicensable, non-transferable, revocable license to: (i) use the Software solely for Your own personal (non-commercial) use and (ii) use and display Applitools’ Marks solely for the purpose of publicizing or advertising that You are using the Software. \n   2. Documentation. Applitools may make available Documentation to Licensee for Licensee to use solely in connection with Licensee’s use of the Software during the term of this Agreement. Licensee may print or copy the Documentation as needed for its own purposes provided that all copyright notices are included therein. The Documentation shall be considered the Confidential Information of Applitools. \n   1. Reservation of Rights; Use Restrictions. Other than the rights explicitly granted in this Agreement, Licensee shall have no other rights, express or implied, in the Software. Without limiting the generality of the foregoing, Licensee agrees and undertakes not to: (i) allow any third party to use the Software in any manner, including but not limited to, sell, lease, sublicense or distribute the Software, or any part thereof; (ii) modify, revise, or alter the Software or reverse engineer, decompile, disassemble or otherwise reduce to human-perceivable form the Software’s source code; (iii) copy or allow copies of the Software to be made; (iv) remove, alter or obscure any proprietary notice or identification, including copyright, trademark, patent or other notices, contained in or displayed on or via the Software; (v) use the Software to violate any applicable laws, rules or regulations, or for any unlawful, harmful, irresponsible, or inappropriate purpose, or in any manner that breaches this Agreement, and/or (vi) represent that it possesses any proprietary interest in the Software.\n   1. Third Party Software. Licensee acknowledges and agrees that any third party software (“Third Party Software”) that provided with the Software is provided under the terms of the license attached/linked thereto or, if no such license is attached, such Third Party Software is provided for free and on “AS IS” basis. Applitools is not liable for any losses or damages which may occur resulting from the use of any Third Party Software. Applitools does not possess any proprietary interest in such Third Party Software. \n   1. Open Source Licenses. The Software includes certain open source code software and materials (as shall be listed in the documentation of the Software) (“Open Source Software”) that are subject to their respective open source licenses (“Open Source Licenses”). Such Open Source Licenses contain a list of conditions with respect to warranty, copyright policy and other provisions. By executing this Agreement, Licensee undertakes to strictly comply with the terms and condition of the Open Source Licenses, as may be amended from time to time. In order to comply with the Open Source Licenses, Licensee shall read the respective licenses or notices, such list of Open Source Licenses may be amended from time to time by Applitools, at its sole discretion. In the event of any inconsistencies or conflicting provisions between the provisions of the Open Source Licenses and the provisions of this Agreement, the provisions of the Open Source Licenses shall prevail. Without derogating from the generality of the foregoing, it is clarified that any Open Source Software is provided on an “AS IS” basis, without indemnity or warranty of any kind, whether express or implied. For clarity, the representations and warranties set forth in Section ‎4 hereunder shall not apply to any Open Source Software.\n1. Title & Ownership. APPLITOOLS DOES NOT SELL OR TRANSFER TITLE IN THE SOFTWARE, OR ANY PART THEREOF, TO LICENSEE. The Documentation, Software (excluding any Open Source Software and Third Party Software therein which are owned by their respective licensors) and/or any copies thereof, including without limitation any derivative works made (regardless of whether such derivative works were made and/or developed pursuant to the request and/or specifications of Licensee, and irrespective of any support and/or assistance Applitools may, will or had received from Licensee, or any third party on its behalf, with respect thereto), as well as any updates or upgrades thereto, if provided to Applitools pursuant to this Agreement, shall remain Applitools’ sole and exclusive property. All Intellectual Property Rights evidenced by or embodied in and/or attached/connected/related to the Software, or part thereof, are and shall be owned solely and exclusively by Applitools. Nothing in this Agreement shall constitute a waiver of Applitools’ Intellectual Property Rights under any law, or be in any way construed or interpreted as such. It is further agreed that to the extent Licensee provides Applitools with Feedback, Licensee acknowledges that any and all rights, including Intellectual Property Rights in such Feedback shall belong exclusively to Applitools and Licensee hereby irrevocably and unconditionally transfers and assigns to Applitools all intellectual property rights in such Feedback and waives any and all moral rights that Licensee may have in respect thereto. It is further understood that use of Feedback, if any, may be made by Applitools at its sole discretion, and that Applitools in no way shall be obliged to make use of any kind of the Feedback or part thereof. \n1. Warranty. Applitools warrants that to its knowledge it has the right to grant the license under this Agreement. Applitools’ sole liability for any breach of this warranty or any other warranty under this Agreement shall be, at Applitools’ sole discretion: (i) to replace or repair the Software or the applicable portion thereof; or (ii) to terminate this Agreement.\n2. Warranty Exclusions. The warranties set forth in Section ‎4 are contingent upon Licensee’s proper use of the Software, and shall not apply to damage caused by abuse, misuse, alteration, neglect or unauthorized repair or installation, or by the use or attempted use of Software other than that supplied and supported by Applitools. Applitools will use reasonable commercial efforts to repair or replace the Software or the applicable portion thereof, pursuant to the foregoing warranty within thirty (30) days of being so notified.\n1. Warranty Disclaimers. AS BETWEEN LICENSEE AND APPLITOOLS, EXCEPT AS SET IN SECTION ‎4, THE SOFTWARE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND INCLUDING, WITHOUT LIMITATION, REPRESENTATIONS, WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR INTENDED OR PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, THAT THE SOFTWARE WILL MEET LICENSEE’S REQUIREMENTS OR EXPECTATIONS OR WILL ACHIEVE ANY SPECIFIC RESULTS AND THOSE ARISING BY STATUTE OR FROM A COURSE OF DEALING OR USAGE OF TRADE. Applicable law may not allow the exclusion of certain warranties, so to that extent such exclusions may not apply.\n1. High Risk Activities. You acknowledge that the Software is not fault tolerant and is not designed, manufactured, or intended for use or resale as on-line control equipment in hazardous or high risk environments and activities requiring fail-safe performance (such as in the operation of nuclear facilities, aircraft navigation or communication systems, air traffic control, direct life support machines and/or devices, or weapons systems) in which the failure of the Software could lead directly to death, personal injury, or severe physical or environmental damage, and You agree not to use or allow the use of the Software or any portion thereof for, or in connection with, any such environment or activity.\n1. Indemnify. You agree that Applitools shall have no liability whatsoever for any use made of the Software by You or any third party. You hereby agree to defend, indemnify and hold harmless Applitools and its affiliates and their respective officers, directors, agents and employees from any and all claims, damages, liabilities, costs, and expenses (including attorney’s fees) arising from claims related to Your use of the Software as well as from Your failure to comply with this Agreement.\n1. Limitation of Liability. UNDER NO CIRCUMSTANCES SHALL APPLITOOLS AND/OR ITS AFFILIATES BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, OR FOR ANY LOSS OF DATA, REVENUE, BUSINESS OR REPUTATION, THAT ARISES UNDER OR IN CONNECTION WITH THIS AGREEMENT, OR THAT RESULTS FROM THE USE OF, OR THE INABILITY TO USE, THE SOFTWARE. APPLITOOLS’S TOTAL AGGREGATE LIABILITY FOR ANY AND ALL DIRECT DAMAGES AND LOSSES THAT ARISE UNDER OR IN CONNECTION WITH THIS AGREEMENT SHALL NOT IN ANY CIRCUMSTANCE EXCEED THE AMOUNT OF 100.00 (ONE HUNDRED) UNITED STATES DOLLARS. THE FOREGOING LIMITATIONS AND EXCLUSIONS IN THIS SECTION ‎7 SHALL APPLY: (I) EVEN IF APPLITOOLS HAS BEEN ADVISED OF THE POSSIBILITY OF ANY DAMAGES OR LOSSES; (II) EVEN IF ANY REMEDY SET FORTH HEREIN FAILS OF ITS ESSENTIAL PURPOSE; AND (III) REGARDLESS OF THE BASIS OR THEORY OF LIABILITY.\n1. Export Laws. Licensee agrees to comply fully with all U.S., EU, Israeli, and all applicable export laws and regulations to ensure that neither the Software nor any technical data related thereto are exported or re-exported directly or indirectly in violation of, or used for any purposes prohibited by, such laws and regulations. For clarity, and without derogating from Section ‎11 below, in case of any change of any applicable law, policy or regulation, which might affect Applitools’ business, Applitools will have the right to terminate this Agreement and the license granted hereunder and the Licensee shall have no claims regarding such termination. \n1. Term and Termination. This Agreement shall continue until terminated as set forth in this section (the “Term”). You may terminate this Agreement at any time by removing the Software from Your system and destroying all copies of the Software and Documentation relating to the Software. Unauthorized copying of the Software or otherwise failing to comply with this Agreement will result in automatic immediate termination of this Agreement and will make available to Applitools legal remedies. Applitools reserves the right to terminate this Agreement and the License at any time and without notice. Upon termination of this Agreement, the License will terminate and You: (i) will cease any and all rights to use the Software, and (ii) will remove the Software from all hard drives, networks and other storage media and destroy all copies of the Software in your possession or under your control. The provisions of Sections ‎2.3, ‎2.4, ‎2.5, ‎6, ‎7, ‎8, ‎9, 10, ‎11 and ‎12 shall survive the termination, expiration or other ending of this Agreement.\n1. Miscellaneous. This Agreement represents the complete agreement concerning the Software between You and Applitools and supersedes all prior agreements and representations between You and Applitools. If any provision of this Agreement is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable. Any waiver of any provision of this Agreement will be effective only if in writing and signed by Applitools. This Agreement is personal to You and may not be assigned or transferred for any reason whatsoever without the consent of Applitools and any action or conduct in violation of the foregoing shall be void and without effect. Applitools expressly reserves the right to assign this Agreement and to delegate any of its obligations hereunder. This Agreement are governed by and construed under the laws of the State of Israel, excluding its conflicts of law rules. You expressly agree that the exclusive jurisdiction for any claim or action arising out of or relating to this Agreement shall be the courts located in Tel Aviv, Israel, and You further agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action. 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BY INSTALLING, ACCESSING AND/OR USING THE SOFTWARE (AS DEFINED BELOW), YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOU, OR THE COMPANY YOU REPRESENT, (“YOU” OR “LICENSEE”) ARE ENTERING INTO A LEGAL AGREEMENT WITH APPLITOOLS LTD. AND ITS AFFILIATES (“APPLITOOLS”), AND HAVE UNDERSTOOD AND AGREE TO COMPLY WITH, AND BE LEGALLY BOUND BY, THE TERMS AND CONDITIONS OF THIS AGREEMENT. YOU HEREBY WAIVE ANY RIGHTS OR REQUIREMENTS UNDER ANY LAWS OR REGULATIONS IN ANY JURISDICTION WHICH REQUIRE AN ORIGINAL (NON-ELECTRONIC) SIGNATURE OR DELIVERY OR RETENTION OF NON-ELECTRONIC RECORDS, TO THE EXTENT PERMITTED UNDER APPLICABLE LAW. \nTHE SOFTWARE MAY BE USED SOLELY FOR YOUR PERSONAL, NON-COMMERCIAL PURPOSES. FOR COMMERCIAL PURPOSES PLEASE CONTACT THE REGIONAL APPLITOOLS BUSINESS REPRESENTATIVE. \n1. Definitions. For purposes of this Agreement, the following capitalized terms shall have the following meaning:\n   1. “Documentation” means the user’s guides and technical manuals delivered by Applitools to Licensee.\n   2.  “Feedback” means suggestions, comments or feedback (whether orally or in writing) with respect to the Software.\n   3. “Intellectual Property Rights” means all intangible legal rights, titles and interests evidenced by or embodied in all: (i) inventions (regardless of patentability and whether or not reduced to practice), improvements thereto, patents, patent applications, patent disclosures, together with all reissuances, continuations, continuations in part, revisions, extensions and reexaminations thereof; (ii) trademarks, service marks, trade dress, logos, trade names, corporate names, together with translations, adaptations, derivations and combinations thereof, including goodwill associated therewith, and applications, registrations, and renewals in connection therewith; (iii) any work of authorship, regardless of copyrightable, copyrightable works, copyrights (including moral rights), and applications, registrations and renewals in connection therewith; (iv) mask works and applications, registrations and renewals in connection therewith; (v) trade secrets and Confidential Information; and (vi) other proprietary rights and any other similar rights, in each case on a worldwide basis, and copies and tangible embodiments thereof, in whatever form or medium.\n   4. “License” means the right to use the Software pursuant to Section ‎2.1 to this Agreement.\n   5.  “Software” means Applitools’ software development kit software in object or source code version, Documentation and any updates and upgrade thereto (to the extent delivered).\n1. License\n   1. Grant of License. Subject to the terms and conditions of this Agreement, Applitools grants You, during the Term, a personal, non-exclusive, non-sublicensable, non-transferable, revocable license to: (i) use the Software solely for Your own personal (non-commercial) use and (ii) use and display Applitools’ Marks solely for the purpose of publicizing or advertising that You are using the Software. \n   2. Documentation. Applitools may make available Documentation to Licensee for Licensee to use solely in connection with Licensee’s use of the Software during the term of this Agreement. Licensee may print or copy the Documentation as needed for its own purposes provided that all copyright notices are included therein. The Documentation shall be considered the Confidential Information of Applitools. \n   1. Reservation of Rights; Use Restrictions. Other than the rights explicitly granted in this Agreement, Licensee shall have no other rights, express or implied, in the Software. Without limiting the generality of the foregoing, Licensee agrees and undertakes not to: (i) allow any third party to use the Software in any manner, including but not limited to, sell, lease, sublicense or distribute the Software, or any part thereof; (ii) modify, revise, or alter the Software or reverse engineer, decompile, disassemble or otherwise reduce to human-perceivable form the Software’s source code; (iii) copy or allow copies of the Software to be made; (iv) remove, alter or obscure any proprietary notice or identification, including copyright, trademark, patent or other notices, contained in or displayed on or via the Software; (v) use the Software to violate any applicable laws, rules or regulations, or for any unlawful, harmful, irresponsible, or inappropriate purpose, or in any manner that breaches this Agreement, and/or (vi) represent that it possesses any proprietary interest in the Software.\n   1. Third Party Software. Licensee acknowledges and agrees that any third party software (“Third Party Software”) that provided with the Software is provided under the terms of the license attached/linked thereto or, if no such license is attached, such Third Party Software is provided for free and on “AS IS” basis. Applitools is not liable for any losses or damages which may occur resulting from the use of any Third Party Software. Applitools does not possess any proprietary interest in such Third Party Software. \n   1. Open Source Licenses. The Software includes certain open source code software and materials (as shall be listed in the documentation of the Software) (“Open Source Software”) that are subject to their respective open source licenses (“Open Source Licenses”). Such Open Source Licenses contain a list of conditions with respect to warranty, copyright policy and other provisions. By executing this Agreement, Licensee undertakes to strictly comply with the terms and condition of the Open Source Licenses, as may be amended from time to time. In order to comply with the Open Source Licenses, Licensee shall read the respective licenses or notices, such list of Open Source Licenses may be amended from time to time by Applitools, at its sole discretion. In the event of any inconsistencies or conflicting provisions between the provisions of the Open Source Licenses and the provisions of this Agreement, the provisions of the Open Source Licenses shall prevail. Without derogating from the generality of the foregoing, it is clarified that any Open Source Software is provided on an “AS IS” basis, without indemnity or warranty of any kind, whether express or implied. For clarity, the representations and warranties set forth in Section ‎4 hereunder shall not apply to any Open Source Software.\n1. Title & Ownership. APPLITOOLS DOES NOT SELL OR TRANSFER TITLE IN THE SOFTWARE, OR ANY PART THEREOF, TO LICENSEE. The Documentation, Software (excluding any Open Source Software and Third Party Software therein which are owned by their respective licensors) and/or any copies thereof, including without limitation any derivative works made (regardless of whether such derivative works were made and/or developed pursuant to the request and/or specifications of Licensee, and irrespective of any support and/or assistance Applitools may, will or had received from Licensee, or any third party on its behalf, with respect thereto), as well as any updates or upgrades thereto, if provided to Applitools pursuant to this Agreement, shall remain Applitools’ sole and exclusive property. All Intellectual Property Rights evidenced by or embodied in and/or attached/connected/related to the Software, or part thereof, are and shall be owned solely and exclusively by Applitools. Nothing in this Agreement shall constitute a waiver of Applitools’ Intellectual Property Rights under any law, or be in any way construed or interpreted as such. It is further agreed that to the extent Licensee provides Applitools with Feedback, Licensee acknowledges that any and all rights, including Intellectual Property Rights in such Feedback shall belong exclusively to Applitools and Licensee hereby irrevocably and unconditionally transfers and assigns to Applitools all intellectual property rights in such Feedback and waives any and all moral rights that Licensee may have in respect thereto. It is further understood that use of Feedback, if any, may be made by Applitools at its sole discretion, and that Applitools in no way shall be obliged to make use of any kind of the Feedback or part thereof. \n1. Warranty. Applitools warrants that to its knowledge it has the right to grant the license under this Agreement. Applitools’ sole liability for any breach of this warranty or any other warranty under this Agreement shall be, at Applitools’ sole discretion: (i) to replace or repair the Software or the applicable portion thereof; or (ii) to terminate this Agreement.\n2. Warranty Exclusions. The warranties set forth in Section ‎4 are contingent upon Licensee’s proper use of the Software, and shall not apply to damage caused by abuse, misuse, alteration, neglect or unauthorized repair or installation, or by the use or attempted use of Software other than that supplied and supported by Applitools. Applitools will use reasonable commercial efforts to repair or replace the Software or the applicable portion thereof, pursuant to the foregoing warranty within thirty (30) days of being so notified.\n1. Warranty Disclaimers. AS BETWEEN LICENSEE AND APPLITOOLS, EXCEPT AS SET IN SECTION ‎4, THE SOFTWARE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND INCLUDING, WITHOUT LIMITATION, REPRESENTATIONS, WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR INTENDED OR PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, THAT THE SOFTWARE WILL MEET LICENSEE’S REQUIREMENTS OR EXPECTATIONS OR WILL ACHIEVE ANY SPECIFIC RESULTS AND THOSE ARISING BY STATUTE OR FROM A COURSE OF DEALING OR USAGE OF TRADE. Applicable law may not allow the exclusion of certain warranties, so to that extent such exclusions may not apply.\n1. High Risk Activities. You acknowledge that the Software is not fault tolerant and is not designed, manufactured, or intended for use or resale as on-line control equipment in hazardous or high risk environments and activities requiring fail-safe performance (such as in the operation of nuclear facilities, aircraft navigation or communication systems, air traffic control, direct life support machines and/or devices, or weapons systems) in which the failure of the Software could lead directly to death, personal injury, or severe physical or environmental damage, and You agree not to use or allow the use of the Software or any portion thereof for, or in connection with, any such environment or activity.\n1. Indemnify. You agree that Applitools shall have no liability whatsoever for any use made of the Software by You or any third party. You hereby agree to defend, indemnify and hold harmless Applitools and its affiliates and their respective officers, directors, agents and employees from any and all claims, damages, liabilities, costs, and expenses (including attorney’s fees) arising from claims related to Your use of the Software as well as from Your failure to comply with this Agreement.\n1. Limitation of Liability. UNDER NO CIRCUMSTANCES SHALL APPLITOOLS AND/OR ITS AFFILIATES BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, OR FOR ANY LOSS OF DATA, REVENUE, BUSINESS OR REPUTATION, THAT ARISES UNDER OR IN CONNECTION WITH THIS AGREEMENT, OR THAT RESULTS FROM THE USE OF, OR THE INABILITY TO USE, THE SOFTWARE. APPLITOOLS’S TOTAL AGGREGATE LIABILITY FOR ANY AND ALL DIRECT DAMAGES AND LOSSES THAT ARISE UNDER OR IN CONNECTION WITH THIS AGREEMENT SHALL NOT IN ANY CIRCUMSTANCE EXCEED THE AMOUNT OF 100.00 (ONE HUNDRED) UNITED STATES DOLLARS. THE FOREGOING LIMITATIONS AND EXCLUSIONS IN THIS SECTION ‎7 SHALL APPLY: (I) EVEN IF APPLITOOLS HAS BEEN ADVISED OF THE POSSIBILITY OF ANY DAMAGES OR LOSSES; (II) EVEN IF ANY REMEDY SET FORTH HEREIN FAILS OF ITS ESSENTIAL PURPOSE; AND (III) REGARDLESS OF THE BASIS OR THEORY OF LIABILITY.\n1. Export Laws. Licensee agrees to comply fully with all U.S., EU, Israeli, and all applicable export laws and regulations to ensure that neither the Software nor any technical data related thereto are exported or re-exported directly or indirectly in violation of, or used for any purposes prohibited by, such laws and regulations. For clarity, and without derogating from Section ‎11 below, in case of any change of any applicable law, policy or regulation, which might affect Applitools’ business, Applitools will have the right to terminate this Agreement and the license granted hereunder and the Licensee shall have no claims regarding such termination. \n1. Term and Termination. This Agreement shall continue until terminated as set forth in this section (the “Term”). You may terminate this Agreement at any time by removing the Software from Your system and destroying all copies of the Software and Documentation relating to the Software. Unauthorized copying of the Software or otherwise failing to comply with this Agreement will result in automatic immediate termination of this Agreement and will make available to Applitools legal remedies. Applitools reserves the right to terminate this Agreement and the License at any time and without notice. Upon termination of this Agreement, the License will terminate and You: (i) will cease any and all rights to use the Software, and (ii) will remove the Software from all hard drives, networks and other storage media and destroy all copies of the Software in your possession or under your control. The provisions of Sections ‎2.3, ‎2.4, ‎2.5, ‎6, ‎7, ‎8, ‎9, 10, ‎11 and ‎12 shall survive the termination, expiration or other ending of this Agreement.\n1. Miscellaneous. This Agreement represents the complete agreement concerning the Software between You and Applitools and supersedes all prior agreements and representations between You and Applitools. If any provision of this Agreement is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable. Any waiver of any provision of this Agreement will be effective only if in writing and signed by Applitools. This Agreement is personal to You and may not be assigned or transferred for any reason whatsoever without the consent of Applitools and any action or conduct in violation of the foregoing shall be void and without effect. Applitools expressly reserves the right to assign this Agreement and to delegate any of its obligations hereunder. This Agreement are governed by and construed under the laws of the State of Israel, excluding its conflicts of law rules. You expressly agree that the exclusive jurisdiction for any claim or action arising out of or relating to this Agreement shall be the courts located in Tel Aviv, Israel, and You further agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action. 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BY INSTALLING, ACCESSING AND/OR USING THE SOFTWARE (AS DEFINED BELOW), YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOU, OR THE COMPANY YOU REPRESENT, (“YOU” OR “LICENSEE”) ARE ENTERING INTO A LEGAL AGREEMENT WITH APPLITOOLS LTD. AND ITS AFFILIATES (“APPLITOOLS”), AND HAVE UNDERSTOOD AND AGREE TO COMPLY WITH, AND BE LEGALLY BOUND BY, THE TERMS AND CONDITIONS OF THIS AGREEMENT. YOU HEREBY WAIVE ANY RIGHTS OR REQUIREMENTS UNDER ANY LAWS OR REGULATIONS IN ANY JURISDICTION WHICH REQUIRE AN ORIGINAL (NON-ELECTRONIC) SIGNATURE OR DELIVERY OR RETENTION OF NON-ELECTRONIC RECORDS, TO THE EXTENT PERMITTED UNDER APPLICABLE LAW. \nTHE SOFTWARE MAY BE USED SOLELY FOR YOUR PERSONAL, NON-COMMERCIAL PURPOSES. FOR COMMERCIAL PURPOSES PLEASE CONTACT THE REGIONAL APPLITOOLS BUSINESS REPRESENTATIVE. \n1. Definitions. For purposes of this Agreement, the following capitalized terms shall have the following meaning:\n   1. “Documentation” means the user’s guides and technical manuals delivered by Applitools to Licensee.\n   2.  “Feedback” means suggestions, comments or feedback (whether orally or in writing) with respect to the Software.\n   3. “Intellectual Property Rights” means all intangible legal rights, titles and interests evidenced by or embodied in all: (i) inventions (regardless of patentability and whether or not reduced to practice), improvements thereto, patents, patent applications, patent disclosures, together with all reissuances, continuations, continuations in part, revisions, extensions and reexaminations thereof; (ii) trademarks, service marks, trade dress, logos, trade names, corporate names, together with translations, adaptations, derivations and combinations thereof, including goodwill associated therewith, and applications, registrations, and renewals in connection therewith; (iii) any work of authorship, regardless of copyrightable, copyrightable works, copyrights (including moral rights), and applications, registrations and renewals in connection therewith; (iv) mask works and applications, registrations and renewals in connection therewith; (v) trade secrets and Confidential Information; and (vi) other proprietary rights and any other similar rights, in each case on a worldwide basis, and copies and tangible embodiments thereof, in whatever form or medium.\n   4. “License” means the right to use the Software pursuant to Section ‎2.1 to this Agreement.\n   5.  “Software” means Applitools’ software development kit software in object or source code version, Documentation and any updates and upgrade thereto (to the extent delivered).\n1. License\n   1. Grant of License. Subject to the terms and conditions of this Agreement, Applitools grants You, during the Term, a personal, non-exclusive, non-sublicensable, non-transferable, revocable license to: (i) use the Software solely for Your own personal (non-commercial) use and (ii) use and display Applitools’ Marks solely for the purpose of publicizing or advertising that You are using the Software. \n   2. Documentation. Applitools may make available Documentation to Licensee for Licensee to use solely in connection with Licensee’s use of the Software during the term of this Agreement. Licensee may print or copy the Documentation as needed for its own purposes provided that all copyright notices are included therein. The Documentation shall be considered the Confidential Information of Applitools. \n   1. Reservation of Rights; Use Restrictions. Other than the rights explicitly granted in this Agreement, Licensee shall have no other rights, express or implied, in the Software. Without limiting the generality of the foregoing, Licensee agrees and undertakes not to: (i) allow any third party to use the Software in any manner, including but not limited to, sell, lease, sublicense or distribute the Software, or any part thereof; (ii) modify, revise, or alter the Software or reverse engineer, decompile, disassemble or otherwise reduce to human-perceivable form the Software’s source code; (iii) copy or allow copies of the Software to be made; (iv) remove, alter or obscure any proprietary notice or identification, including copyright, trademark, patent or other notices, contained in or displayed on or via the Software; (v) use the Software to violate any applicable laws, rules or regulations, or for any unlawful, harmful, irresponsible, or inappropriate purpose, or in any manner that breaches this Agreement, and/or (vi) represent that it possesses any proprietary interest in the Software.\n   1. Third Party Software. Licensee acknowledges and agrees that any third party software (“Third Party Software”) that provided with the Software is provided under the terms of the license attached/linked thereto or, if no such license is attached, such Third Party Software is provided for free and on “AS IS” basis. Applitools is not liable for any losses or damages which may occur resulting from the use of any Third Party Software. Applitools does not possess any proprietary interest in such Third Party Software. \n   1. Open Source Licenses. The Software includes certain open source code software and materials (as shall be listed in the documentation of the Software) (“Open Source Software”) that are subject to their respective open source licenses (“Open Source Licenses”). Such Open Source Licenses contain a list of conditions with respect to warranty, copyright policy and other provisions. By executing this Agreement, Licensee undertakes to strictly comply with the terms and condition of the Open Source Licenses, as may be amended from time to time. In order to comply with the Open Source Licenses, Licensee shall read the respective licenses or notices, such list of Open Source Licenses may be amended from time to time by Applitools, at its sole discretion. In the event of any inconsistencies or conflicting provisions between the provisions of the Open Source Licenses and the provisions of this Agreement, the provisions of the Open Source Licenses shall prevail. Without derogating from the generality of the foregoing, it is clarified that any Open Source Software is provided on an “AS IS” basis, without indemnity or warranty of any kind, whether express or implied. For clarity, the representations and warranties set forth in Section ‎4 hereunder shall not apply to any Open Source Software.\n1. Title & Ownership. APPLITOOLS DOES NOT SELL OR TRANSFER TITLE IN THE SOFTWARE, OR ANY PART THEREOF, TO LICENSEE. The Documentation, Software (excluding any Open Source Software and Third Party Software therein which are owned by their respective licensors) and/or any copies thereof, including without limitation any derivative works made (regardless of whether such derivative works were made and/or developed pursuant to the request and/or specifications of Licensee, and irrespective of any support and/or assistance Applitools may, will or had received from Licensee, or any third party on its behalf, with respect thereto), as well as any updates or upgrades thereto, if provided to Applitools pursuant to this Agreement, shall remain Applitools’ sole and exclusive property. All Intellectual Property Rights evidenced by or embodied in and/or attached/connected/related to the Software, or part thereof, are and shall be owned solely and exclusively by Applitools. Nothing in this Agreement shall constitute a waiver of Applitools’ Intellectual Property Rights under any law, or be in any way construed or interpreted as such. It is further agreed that to the extent Licensee provides Applitools with Feedback, Licensee acknowledges that any and all rights, including Intellectual Property Rights in such Feedback shall belong exclusively to Applitools and Licensee hereby irrevocably and unconditionally transfers and assigns to Applitools all intellectual property rights in such Feedback and waives any and all moral rights that Licensee may have in respect thereto. It is further understood that use of Feedback, if any, may be made by Applitools at its sole discretion, and that Applitools in no way shall be obliged to make use of any kind of the Feedback or part thereof. \n1. Warranty. Applitools warrants that to its knowledge it has the right to grant the license under this Agreement. Applitools’ sole liability for any breach of this warranty or any other warranty under this Agreement shall be, at Applitools’ sole discretion: (i) to replace or repair the Software or the applicable portion thereof; or (ii) to terminate this Agreement.\n2. Warranty Exclusions. The warranties set forth in Section ‎4 are contingent upon Licensee’s proper use of the Software, and shall not apply to damage caused by abuse, misuse, alteration, neglect or unauthorized repair or installation, or by the use or attempted use of Software other than that supplied and supported by Applitools. Applitools will use reasonable commercial efforts to repair or replace the Software or the applicable portion thereof, pursuant to the foregoing warranty within thirty (30) days of being so notified.\n1. Warranty Disclaimers. AS BETWEEN LICENSEE AND APPLITOOLS, EXCEPT AS SET IN SECTION ‎4, THE SOFTWARE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND INCLUDING, WITHOUT LIMITATION, REPRESENTATIONS, WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR INTENDED OR PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, THAT THE SOFTWARE WILL MEET LICENSEE’S REQUIREMENTS OR EXPECTATIONS OR WILL ACHIEVE ANY SPECIFIC RESULTS AND THOSE ARISING BY STATUTE OR FROM A COURSE OF DEALING OR USAGE OF TRADE. Applicable law may not allow the exclusion of certain warranties, so to that extent such exclusions may not apply.\n1. High Risk Activities. You acknowledge that the Software is not fault tolerant and is not designed, manufactured, or intended for use or resale as on-line control equipment in hazardous or high risk environments and activities requiring fail-safe performance (such as in the operation of nuclear facilities, aircraft navigation or communication systems, air traffic control, direct life support machines and/or devices, or weapons systems) in which the failure of the Software could lead directly to death, personal injury, or severe physical or environmental damage, and You agree not to use or allow the use of the Software or any portion thereof for, or in connection with, any such environment or activity.\n1. Indemnify. You agree that Applitools shall have no liability whatsoever for any use made of the Software by You or any third party. You hereby agree to defend, indemnify and hold harmless Applitools and its affiliates and their respective officers, directors, agents and employees from any and all claims, damages, liabilities, costs, and expenses (including attorney’s fees) arising from claims related to Your use of the Software as well as from Your failure to comply with this Agreement.\n1. Limitation of Liability. UNDER NO CIRCUMSTANCES SHALL APPLITOOLS AND/OR ITS AFFILIATES BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, OR FOR ANY LOSS OF DATA, REVENUE, BUSINESS OR REPUTATION, THAT ARISES UNDER OR IN CONNECTION WITH THIS AGREEMENT, OR THAT RESULTS FROM THE USE OF, OR THE INABILITY TO USE, THE SOFTWARE. APPLITOOLS’S TOTAL AGGREGATE LIABILITY FOR ANY AND ALL DIRECT DAMAGES AND LOSSES THAT ARISE UNDER OR IN CONNECTION WITH THIS AGREEMENT SHALL NOT IN ANY CIRCUMSTANCE EXCEED THE AMOUNT OF 100.00 (ONE HUNDRED) UNITED STATES DOLLARS. THE FOREGOING LIMITATIONS AND EXCLUSIONS IN THIS SECTION ‎7 SHALL APPLY: (I) EVEN IF APPLITOOLS HAS BEEN ADVISED OF THE POSSIBILITY OF ANY DAMAGES OR LOSSES; (II) EVEN IF ANY REMEDY SET FORTH HEREIN FAILS OF ITS ESSENTIAL PURPOSE; AND (III) REGARDLESS OF THE BASIS OR THEORY OF LIABILITY.\n1. Export Laws. Licensee agrees to comply fully with all U.S., EU, Israeli, and all applicable export laws and regulations to ensure that neither the Software nor any technical data related thereto are exported or re-exported directly or indirectly in violation of, or used for any purposes prohibited by, such laws and regulations. For clarity, and without derogating from Section ‎11 below, in case of any change of any applicable law, policy or regulation, which might affect Applitools’ business, Applitools will have the right to terminate this Agreement and the license granted hereunder and the Licensee shall have no claims regarding such termination. \n1. Term and Termination. This Agreement shall continue until terminated as set forth in this section (the “Term”). You may terminate this Agreement at any time by removing the Software from Your system and destroying all copies of the Software and Documentation relating to the Software. Unauthorized copying of the Software or otherwise failing to comply with this Agreement will result in automatic immediate termination of this Agreement and will make available to Applitools legal remedies. Applitools reserves the right to terminate this Agreement and the License at any time and without notice. Upon termination of this Agreement, the License will terminate and You: (i) will cease any and all rights to use the Software, and (ii) will remove the Software from all hard drives, networks and other storage media and destroy all copies of the Software in your possession or under your control. The provisions of Sections ‎2.3, ‎2.4, ‎2.5, ‎6, ‎7, ‎8, ‎9, 10, ‎11 and ‎12 shall survive the termination, expiration or other ending of this Agreement.\n1. Miscellaneous. This Agreement represents the complete agreement concerning the Software between You and Applitools and supersedes all prior agreements and representations between You and Applitools. If any provision of this Agreement is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable. Any waiver of any provision of this Agreement will be effective only if in writing and signed by Applitools. This Agreement is personal to You and may not be assigned or transferred for any reason whatsoever without the consent of Applitools and any action or conduct in violation of the foregoing shall be void and without effect. Applitools expressly reserves the right to assign this Agreement and to delegate any of its obligations hereunder. This Agreement are governed by and construed under the laws of the State of Israel, excluding its conflicts of law rules. You expressly agree that the exclusive jurisdiction for any claim or action arising out of or relating to this Agreement shall be the courts located in Tel Aviv, Israel, and You further agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action. 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BY INSTALLING, ACCESSING AND/OR USING THE SOFTWARE (AS DEFINED BELOW), YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOU, OR THE COMPANY YOU REPRESENT, (“YOU” OR “LICENSEE”) ARE ENTERING INTO A LEGAL AGREEMENT WITH APPLITOOLS LTD. AND ITS AFFILIATES (“APPLITOOLS”), AND HAVE UNDERSTOOD AND AGREE TO COMPLY WITH, AND BE LEGALLY BOUND BY, THE TERMS AND CONDITIONS OF THIS AGREEMENT. YOU HEREBY WAIVE ANY RIGHTS OR REQUIREMENTS UNDER ANY LAWS OR REGULATIONS IN ANY JURISDICTION WHICH REQUIRE AN ORIGINAL (NON-ELECTRONIC) SIGNATURE OR DELIVERY OR RETENTION OF NON-ELECTRONIC RECORDS, TO THE EXTENT PERMITTED UNDER APPLICABLE LAW. \nTHE SOFTWARE MAY BE USED SOLELY FOR YOUR PERSONAL, NON-COMMERCIAL PURPOSES. FOR COMMERCIAL PURPOSES PLEASE CONTACT THE REGIONAL APPLITOOLS BUSINESS REPRESENTATIVE. \n1. Definitions. For purposes of this Agreement, the following capitalized terms shall have the following meaning:\n   1. “Documentation” means the user’s guides and technical manuals delivered by Applitools to Licensee.\n   2.  “Feedback” means suggestions, comments or feedback (whether orally or in writing) with respect to the Software.\n   3. “Intellectual Property Rights” means all intangible legal rights, titles and interests evidenced by or embodied in all: (i) inventions (regardless of patentability and whether or not reduced to practice), improvements thereto, patents, patent applications, patent disclosures, together with all reissuances, continuations, continuations in part, revisions, extensions and reexaminations thereof; (ii) trademarks, service marks, trade dress, logos, trade names, corporate names, together with translations, adaptations, derivations and combinations thereof, including goodwill associated therewith, and applications, registrations, and renewals in connection therewith; (iii) any work of authorship, regardless of copyrightable, copyrightable works, copyrights (including moral rights), and applications, registrations and renewals in connection therewith; (iv) mask works and applications, registrations and renewals in connection therewith; (v) trade secrets and Confidential Information; and (vi) other proprietary rights and any other similar rights, in each case on a worldwide basis, and copies and tangible embodiments thereof, in whatever form or medium.\n   4. “License” means the right to use the Software pursuant to Section ‎2.1 to this Agreement.\n   5.  “Software” means Applitools’ software development kit software in object or source code version, Documentation and any updates and upgrade thereto (to the extent delivered).\n1. License\n   1. Grant of License. Subject to the terms and conditions of this Agreement, Applitools grants You, during the Term, a personal, non-exclusive, non-sublicensable, non-transferable, revocable license to: (i) use the Software solely for Your own personal (non-commercial) use and (ii) use and display Applitools’ Marks solely for the purpose of publicizing or advertising that You are using the Software. \n   2. Documentation. Applitools may make available Documentation to Licensee for Licensee to use solely in connection with Licensee’s use of the Software during the term of this Agreement. Licensee may print or copy the Documentation as needed for its own purposes provided that all copyright notices are included therein. The Documentation shall be considered the Confidential Information of Applitools. \n   1. Reservation of Rights; Use Restrictions. Other than the rights explicitly granted in this Agreement, Licensee shall have no other rights, express or implied, in the Software. Without limiting the generality of the foregoing, Licensee agrees and undertakes not to: (i) allow any third party to use the Software in any manner, including but not limited to, sell, lease, sublicense or distribute the Software, or any part thereof; (ii) modify, revise, or alter the Software or reverse engineer, decompile, disassemble or otherwise reduce to human-perceivable form the Software’s source code; (iii) copy or allow copies of the Software to be made; (iv) remove, alter or obscure any proprietary notice or identification, including copyright, trademark, patent or other notices, contained in or displayed on or via the Software; (v) use the Software to violate any applicable laws, rules or regulations, or for any unlawful, harmful, irresponsible, or inappropriate purpose, or in any manner that breaches this Agreement, and/or (vi) represent that it possesses any proprietary interest in the Software.\n   1. Third Party Software. Licensee acknowledges and agrees that any third party software (“Third Party Software”) that provided with the Software is provided under the terms of the license attached/linked thereto or, if no such license is attached, such Third Party Software is provided for free and on “AS IS” basis. Applitools is not liable for any losses or damages which may occur resulting from the use of any Third Party Software. Applitools does not possess any proprietary interest in such Third Party Software. \n   1. Open Source Licenses. The Software includes certain open source code software and materials (as shall be listed in the documentation of the Software) (“Open Source Software”) that are subject to their respective open source licenses (“Open Source Licenses”). Such Open Source Licenses contain a list of conditions with respect to warranty, copyright policy and other provisions. By executing this Agreement, Licensee undertakes to strictly comply with the terms and condition of the Open Source Licenses, as may be amended from time to time. In order to comply with the Open Source Licenses, Licensee shall read the respective licenses or notices, such list of Open Source Licenses may be amended from time to time by Applitools, at its sole discretion. In the event of any inconsistencies or conflicting provisions between the provisions of the Open Source Licenses and the provisions of this Agreement, the provisions of the Open Source Licenses shall prevail. Without derogating from the generality of the foregoing, it is clarified that any Open Source Software is provided on an “AS IS” basis, without indemnity or warranty of any kind, whether express or implied. For clarity, the representations and warranties set forth in Section ‎4 hereunder shall not apply to any Open Source Software.\n1. Title & Ownership. APPLITOOLS DOES NOT SELL OR TRANSFER TITLE IN THE SOFTWARE, OR ANY PART THEREOF, TO LICENSEE. The Documentation, Software (excluding any Open Source Software and Third Party Software therein which are owned by their respective licensors) and/or any copies thereof, including without limitation any derivative works made (regardless of whether such derivative works were made and/or developed pursuant to the request and/or specifications of Licensee, and irrespective of any support and/or assistance Applitools may, will or had received from Licensee, or any third party on its behalf, with respect thereto), as well as any updates or upgrades thereto, if provided to Applitools pursuant to this Agreement, shall remain Applitools’ sole and exclusive property. All Intellectual Property Rights evidenced by or embodied in and/or attached/connected/related to the Software, or part thereof, are and shall be owned solely and exclusively by Applitools. Nothing in this Agreement shall constitute a waiver of Applitools’ Intellectual Property Rights under any law, or be in any way construed or interpreted as such. It is further agreed that to the extent Licensee provides Applitools with Feedback, Licensee acknowledges that any and all rights, including Intellectual Property Rights in such Feedback shall belong exclusively to Applitools and Licensee hereby irrevocably and unconditionally transfers and assigns to Applitools all intellectual property rights in such Feedback and waives any and all moral rights that Licensee may have in respect thereto. It is further understood that use of Feedback, if any, may be made by Applitools at its sole discretion, and that Applitools in no way shall be obliged to make use of any kind of the Feedback or part thereof. \n1. Warranty. Applitools warrants that to its knowledge it has the right to grant the license under this Agreement. Applitools’ sole liability for any breach of this warranty or any other warranty under this Agreement shall be, at Applitools’ sole discretion: (i) to replace or repair the Software or the applicable portion thereof; or (ii) to terminate this Agreement.\n2. Warranty Exclusions. The warranties set forth in Section ‎4 are contingent upon Licensee’s proper use of the Software, and shall not apply to damage caused by abuse, misuse, alteration, neglect or unauthorized repair or installation, or by the use or attempted use of Software other than that supplied and supported by Applitools. Applitools will use reasonable commercial efforts to repair or replace the Software or the applicable portion thereof, pursuant to the foregoing warranty within thirty (30) days of being so notified.\n1. Warranty Disclaimers. AS BETWEEN LICENSEE AND APPLITOOLS, EXCEPT AS SET IN SECTION ‎4, THE SOFTWARE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND INCLUDING, WITHOUT LIMITATION, REPRESENTATIONS, WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR INTENDED OR PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, THAT THE SOFTWARE WILL MEET LICENSEE’S REQUIREMENTS OR EXPECTATIONS OR WILL ACHIEVE ANY SPECIFIC RESULTS AND THOSE ARISING BY STATUTE OR FROM A COURSE OF DEALING OR USAGE OF TRADE. Applicable law may not allow the exclusion of certain warranties, so to that extent such exclusions may not apply.\n1. High Risk Activities. You acknowledge that the Software is not fault tolerant and is not designed, manufactured, or intended for use or resale as on-line control equipment in hazardous or high risk environments and activities requiring fail-safe performance (such as in the operation of nuclear facilities, aircraft navigation or communication systems, air traffic control, direct life support machines and/or devices, or weapons systems) in which the failure of the Software could lead directly to death, personal injury, or severe physical or environmental damage, and You agree not to use or allow the use of the Software or any portion thereof for, or in connection with, any such environment or activity.\n1. Indemnify. You agree that Applitools shall have no liability whatsoever for any use made of the Software by You or any third party. You hereby agree to defend, indemnify and hold harmless Applitools and its affiliates and their respective officers, directors, agents and employees from any and all claims, damages, liabilities, costs, and expenses (including attorney’s fees) arising from claims related to Your use of the Software as well as from Your failure to comply with this Agreement.\n1. Limitation of Liability. UNDER NO CIRCUMSTANCES SHALL APPLITOOLS AND/OR ITS AFFILIATES BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, OR FOR ANY LOSS OF DATA, REVENUE, BUSINESS OR REPUTATION, THAT ARISES UNDER OR IN CONNECTION WITH THIS AGREEMENT, OR THAT RESULTS FROM THE USE OF, OR THE INABILITY TO USE, THE SOFTWARE. APPLITOOLS’S TOTAL AGGREGATE LIABILITY FOR ANY AND ALL DIRECT DAMAGES AND LOSSES THAT ARISE UNDER OR IN CONNECTION WITH THIS AGREEMENT SHALL NOT IN ANY CIRCUMSTANCE EXCEED THE AMOUNT OF 100.00 (ONE HUNDRED) UNITED STATES DOLLARS. THE FOREGOING LIMITATIONS AND EXCLUSIONS IN THIS SECTION ‎7 SHALL APPLY: (I) EVEN IF APPLITOOLS HAS BEEN ADVISED OF THE POSSIBILITY OF ANY DAMAGES OR LOSSES; (II) EVEN IF ANY REMEDY SET FORTH HEREIN FAILS OF ITS ESSENTIAL PURPOSE; AND (III) REGARDLESS OF THE BASIS OR THEORY OF LIABILITY.\n1. Export Laws. Licensee agrees to comply fully with all U.S., EU, Israeli, and all applicable export laws and regulations to ensure that neither the Software nor any technical data related thereto are exported or re-exported directly or indirectly in violation of, or used for any purposes prohibited by, such laws and regulations. For clarity, and without derogating from Section ‎11 below, in case of any change of any applicable law, policy or regulation, which might affect Applitools’ business, Applitools will have the right to terminate this Agreement and the license granted hereunder and the Licensee shall have no claims regarding such termination. \n1. Term and Termination. This Agreement shall continue until terminated as set forth in this section (the “Term”). You may terminate this Agreement at any time by removing the Software from Your system and destroying all copies of the Software and Documentation relating to the Software. Unauthorized copying of the Software or otherwise failing to comply with this Agreement will result in automatic immediate termination of this Agreement and will make available to Applitools legal remedies. Applitools reserves the right to terminate this Agreement and the License at any time and without notice. Upon termination of this Agreement, the License will terminate and You: (i) will cease any and all rights to use the Software, and (ii) will remove the Software from all hard drives, networks and other storage media and destroy all copies of the Software in your possession or under your control. The provisions of Sections ‎2.3, ‎2.4, ‎2.5, ‎6, ‎7, ‎8, ‎9, 10, ‎11 and ‎12 shall survive the termination, expiration or other ending of this Agreement.\n1. Miscellaneous. This Agreement represents the complete agreement concerning the Software between You and Applitools and supersedes all prior agreements and representations between You and Applitools. If any provision of this Agreement is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable. Any waiver of any provision of this Agreement will be effective only if in writing and signed by Applitools. This Agreement is personal to You and may not be assigned or transferred for any reason whatsoever without the consent of Applitools and any action or conduct in violation of the foregoing shall be void and without effect. Applitools expressly reserves the right to assign this Agreement and to delegate any of its obligations hereunder. This Agreement are governed by and construed under the laws of the State of Israel, excluding its conflicts of law rules. You expressly agree that the exclusive jurisdiction for any claim or action arising out of or relating to this Agreement shall be the courts located in Tel Aviv, Israel, and You further agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action. 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BY INSTALLING, ACCESSING AND/OR USING THE SOFTWARE (AS DEFINED BELOW), YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOU, OR THE COMPANY YOU REPRESENT, (“YOU” OR “LICENSEE”) ARE ENTERING INTO A LEGAL AGREEMENT WITH APPLITOOLS LTD. AND ITS AFFILIATES (“APPLITOOLS”), AND HAVE UNDERSTOOD AND AGREE TO COMPLY WITH, AND BE LEGALLY BOUND BY, THE TERMS AND CONDITIONS OF THIS AGREEMENT. YOU HEREBY WAIVE ANY RIGHTS OR REQUIREMENTS UNDER ANY LAWS OR REGULATIONS IN ANY JURISDICTION WHICH REQUIRE AN ORIGINAL (NON-ELECTRONIC) SIGNATURE OR DELIVERY OR RETENTION OF NON-ELECTRONIC RECORDS, TO THE EXTENT PERMITTED UNDER APPLICABLE LAW. \nTHE SOFTWARE MAY BE USED SOLELY FOR YOUR PERSONAL, NON-COMMERCIAL PURPOSES. FOR COMMERCIAL PURPOSES PLEASE CONTACT THE REGIONAL APPLITOOLS BUSINESS REPRESENTATIVE. \n1. Definitions. For purposes of this Agreement, the following capitalized terms shall have the following meaning:\n   1. “Documentation” means the user’s guides and technical manuals delivered by Applitools to Licensee.\n   2.  “Feedback” means suggestions, comments or feedback (whether orally or in writing) with respect to the Software.\n   3. “Intellectual Property Rights” means all intangible legal rights, titles and interests evidenced by or embodied in all: (i) inventions (regardless of patentability and whether or not reduced to practice), improvements thereto, patents, patent applications, patent disclosures, together with all reissuances, continuations, continuations in part, revisions, extensions and reexaminations thereof; (ii) trademarks, service marks, trade dress, logos, trade names, corporate names, together with translations, adaptations, derivations and combinations thereof, including goodwill associated therewith, and applications, registrations, and renewals in connection therewith; (iii) any work of authorship, regardless of copyrightable, copyrightable works, copyrights (including moral rights), and applications, registrations and renewals in connection therewith; (iv) mask works and applications, registrations and renewals in connection therewith; (v) trade secrets and Confidential Information; and (vi) other proprietary rights and any other similar rights, in each case on a worldwide basis, and copies and tangible embodiments thereof, in whatever form or medium.\n   4. “License” means the right to use the Software pursuant to Section ‎2.1 to this Agreement.\n   5.  “Software” means Applitools’ software development kit software in object or source code version, Documentation and any updates and upgrade thereto (to the extent delivered).\n1. License\n   1. Grant of License. Subject to the terms and conditions of this Agreement, Applitools grants You, during the Term, a personal, non-exclusive, non-sublicensable, non-transferable, revocable license to: (i) use the Software solely for Your own personal (non-commercial) use and (ii) use and display Applitools’ Marks solely for the purpose of publicizing or advertising that You are using the Software. \n   2. Documentation. Applitools may make available Documentation to Licensee for Licensee to use solely in connection with Licensee’s use of the Software during the term of this Agreement. Licensee may print or copy the Documentation as needed for its own purposes provided that all copyright notices are included therein. The Documentation shall be considered the Confidential Information of Applitools. \n   1. Reservation of Rights; Use Restrictions. Other than the rights explicitly granted in this Agreement, Licensee shall have no other rights, express or implied, in the Software. Without limiting the generality of the foregoing, Licensee agrees and undertakes not to: (i) allow any third party to use the Software in any manner, including but not limited to, sell, lease, sublicense or distribute the Software, or any part thereof; (ii) modify, revise, or alter the Software or reverse engineer, decompile, disassemble or otherwise reduce to human-perceivable form the Software’s source code; (iii) copy or allow copies of the Software to be made; (iv) remove, alter or obscure any proprietary notice or identification, including copyright, trademark, patent or other notices, contained in or displayed on or via the Software; (v) use the Software to violate any applicable laws, rules or regulations, or for any unlawful, harmful, irresponsible, or inappropriate purpose, or in any manner that breaches this Agreement, and/or (vi) represent that it possesses any proprietary interest in the Software.\n   1. Third Party Software. Licensee acknowledges and agrees that any third party software (“Third Party Software”) that provided with the Software is provided under the terms of the license attached/linked thereto or, if no such license is attached, such Third Party Software is provided for free and on “AS IS” basis. Applitools is not liable for any losses or damages which may occur resulting from the use of any Third Party Software. Applitools does not possess any proprietary interest in such Third Party Software. \n   1. Open Source Licenses. The Software includes certain open source code software and materials (as shall be listed in the documentation of the Software) (“Open Source Software”) that are subject to their respective open source licenses (“Open Source Licenses”). Such Open Source Licenses contain a list of conditions with respect to warranty, copyright policy and other provisions. By executing this Agreement, Licensee undertakes to strictly comply with the terms and condition of the Open Source Licenses, as may be amended from time to time. In order to comply with the Open Source Licenses, Licensee shall read the respective licenses or notices, such list of Open Source Licenses may be amended from time to time by Applitools, at its sole discretion. In the event of any inconsistencies or conflicting provisions between the provisions of the Open Source Licenses and the provisions of this Agreement, the provisions of the Open Source Licenses shall prevail. Without derogating from the generality of the foregoing, it is clarified that any Open Source Software is provided on an “AS IS” basis, without indemnity or warranty of any kind, whether express or implied. For clarity, the representations and warranties set forth in Section ‎4 hereunder shall not apply to any Open Source Software.\n1. Title & Ownership. APPLITOOLS DOES NOT SELL OR TRANSFER TITLE IN THE SOFTWARE, OR ANY PART THEREOF, TO LICENSEE. The Documentation, Software (excluding any Open Source Software and Third Party Software therein which are owned by their respective licensors) and/or any copies thereof, including without limitation any derivative works made (regardless of whether such derivative works were made and/or developed pursuant to the request and/or specifications of Licensee, and irrespective of any support and/or assistance Applitools may, will or had received from Licensee, or any third party on its behalf, with respect thereto), as well as any updates or upgrades thereto, if provided to Applitools pursuant to this Agreement, shall remain Applitools’ sole and exclusive property. All Intellectual Property Rights evidenced by or embodied in and/or attached/connected/related to the Software, or part thereof, are and shall be owned solely and exclusively by Applitools. Nothing in this Agreement shall constitute a waiver of Applitools’ Intellectual Property Rights under any law, or be in any way construed or interpreted as such. It is further agreed that to the extent Licensee provides Applitools with Feedback, Licensee acknowledges that any and all rights, including Intellectual Property Rights in such Feedback shall belong exclusively to Applitools and Licensee hereby irrevocably and unconditionally transfers and assigns to Applitools all intellectual property rights in such Feedback and waives any and all moral rights that Licensee may have in respect thereto. It is further understood that use of Feedback, if any, may be made by Applitools at its sole discretion, and that Applitools in no way shall be obliged to make use of any kind of the Feedback or part thereof. \n1. Warranty. Applitools warrants that to its knowledge it has the right to grant the license under this Agreement. Applitools’ sole liability for any breach of this warranty or any other warranty under this Agreement shall be, at Applitools’ sole discretion: (i) to replace or repair the Software or the applicable portion thereof; or (ii) to terminate this Agreement.\n2. Warranty Exclusions. The warranties set forth in Section ‎4 are contingent upon Licensee’s proper use of the Software, and shall not apply to damage caused by abuse, misuse, alteration, neglect or unauthorized repair or installation, or by the use or attempted use of Software other than that supplied and supported by Applitools. Applitools will use reasonable commercial efforts to repair or replace the Software or the applicable portion thereof, pursuant to the foregoing warranty within thirty (30) days of being so notified.\n1. Warranty Disclaimers. AS BETWEEN LICENSEE AND APPLITOOLS, EXCEPT AS SET IN SECTION ‎4, THE SOFTWARE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND INCLUDING, WITHOUT LIMITATION, REPRESENTATIONS, WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR INTENDED OR PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, THAT THE SOFTWARE WILL MEET LICENSEE’S REQUIREMENTS OR EXPECTATIONS OR WILL ACHIEVE ANY SPECIFIC RESULTS AND THOSE ARISING BY STATUTE OR FROM A COURSE OF DEALING OR USAGE OF TRADE. Applicable law may not allow the exclusion of certain warranties, so to that extent such exclusions may not apply.\n1. High Risk Activities. You acknowledge that the Software is not fault tolerant and is not designed, manufactured, or intended for use or resale as on-line control equipment in hazardous or high risk environments and activities requiring fail-safe performance (such as in the operation of nuclear facilities, aircraft navigation or communication systems, air traffic control, direct life support machines and/or devices, or weapons systems) in which the failure of the Software could lead directly to death, personal injury, or severe physical or environmental damage, and You agree not to use or allow the use of the Software or any portion thereof for, or in connection with, any such environment or activity.\n1. Indemnify. You agree that Applitools shall have no liability whatsoever for any use made of the Software by You or any third party. You hereby agree to defend, indemnify and hold harmless Applitools and its affiliates and their respective officers, directors, agents and employees from any and all claims, damages, liabilities, costs, and expenses (including attorney’s fees) arising from claims related to Your use of the Software as well as from Your failure to comply with this Agreement.\n1. Limitation of Liability. UNDER NO CIRCUMSTANCES SHALL APPLITOOLS AND/OR ITS AFFILIATES BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, OR FOR ANY LOSS OF DATA, REVENUE, BUSINESS OR REPUTATION, THAT ARISES UNDER OR IN CONNECTION WITH THIS AGREEMENT, OR THAT RESULTS FROM THE USE OF, OR THE INABILITY TO USE, THE SOFTWARE. APPLITOOLS’S TOTAL AGGREGATE LIABILITY FOR ANY AND ALL DIRECT DAMAGES AND LOSSES THAT ARISE UNDER OR IN CONNECTION WITH THIS AGREEMENT SHALL NOT IN ANY CIRCUMSTANCE EXCEED THE AMOUNT OF 100.00 (ONE HUNDRED) UNITED STATES DOLLARS. THE FOREGOING LIMITATIONS AND EXCLUSIONS IN THIS SECTION ‎7 SHALL APPLY: (I) EVEN IF APPLITOOLS HAS BEEN ADVISED OF THE POSSIBILITY OF ANY DAMAGES OR LOSSES; (II) EVEN IF ANY REMEDY SET FORTH HEREIN FAILS OF ITS ESSENTIAL PURPOSE; AND (III) REGARDLESS OF THE BASIS OR THEORY OF LIABILITY.\n1. Export Laws. Licensee agrees to comply fully with all U.S., EU, Israeli, and all applicable export laws and regulations to ensure that neither the Software nor any technical data related thereto are exported or re-exported directly or indirectly in violation of, or used for any purposes prohibited by, such laws and regulations. For clarity, and without derogating from Section ‎11 below, in case of any change of any applicable law, policy or regulation, which might affect Applitools’ business, Applitools will have the right to terminate this Agreement and the license granted hereunder and the Licensee shall have no claims regarding such termination. \n1. Term and Termination. This Agreement shall continue until terminated as set forth in this section (the “Term”). You may terminate this Agreement at any time by removing the Software from Your system and destroying all copies of the Software and Documentation relating to the Software. Unauthorized copying of the Software or otherwise failing to comply with this Agreement will result in automatic immediate termination of this Agreement and will make available to Applitools legal remedies. Applitools reserves the right to terminate this Agreement and the License at any time and without notice. Upon termination of this Agreement, the License will terminate and You: (i) will cease any and all rights to use the Software, and (ii) will remove the Software from all hard drives, networks and other storage media and destroy all copies of the Software in your possession or under your control. The provisions of Sections ‎2.3, ‎2.4, ‎2.5, ‎6, ‎7, ‎8, ‎9, 10, ‎11 and ‎12 shall survive the termination, expiration or other ending of this Agreement.\n1. Miscellaneous. This Agreement represents the complete agreement concerning the Software between You and Applitools and supersedes all prior agreements and representations between You and Applitools. If any provision of this Agreement is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable. Any waiver of any provision of this Agreement will be effective only if in writing and signed by Applitools. This Agreement is personal to You and may not be assigned or transferred for any reason whatsoever without the consent of Applitools and any action or conduct in violation of the foregoing shall be void and without effect. Applitools expressly reserves the right to assign this Agreement and to delegate any of its obligations hereunder. This Agreement are governed by and construed under the laws of the State of Israel, excluding its conflicts of law rules. You expressly agree that the exclusive jurisdiction for any claim or action arising out of or relating to this Agreement shall be the courts located in Tel Aviv, Israel, and You further agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action. 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BY INSTALLING, ACCESSING AND/OR USING THE SOFTWARE (AS DEFINED BELOW), YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOU, OR THE COMPANY YOU REPRESENT, (“YOU” OR “LICENSEE”) ARE ENTERING INTO A LEGAL AGREEMENT WITH APPLITOOLS LTD. AND ITS AFFILIATES (“APPLITOOLS”), AND HAVE UNDERSTOOD AND AGREE TO COMPLY WITH, AND BE LEGALLY BOUND BY, THE TERMS AND CONDITIONS OF THIS AGREEMENT. YOU HEREBY WAIVE ANY RIGHTS OR REQUIREMENTS UNDER ANY LAWS OR REGULATIONS IN ANY JURISDICTION WHICH REQUIRE AN ORIGINAL (NON-ELECTRONIC) SIGNATURE OR DELIVERY OR RETENTION OF NON-ELECTRONIC RECORDS, TO THE EXTENT PERMITTED UNDER APPLICABLE LAW. \nTHE SOFTWARE MAY BE USED SOLELY FOR YOUR PERSONAL, NON-COMMERCIAL PURPOSES. FOR COMMERCIAL PURPOSES PLEASE CONTACT THE REGIONAL APPLITOOLS BUSINESS REPRESENTATIVE. \n1. Definitions. For purposes of this Agreement, the following capitalized terms shall have the following meaning:\n   1. “Documentation” means the user’s guides and technical manuals delivered by Applitools to Licensee.\n   2.  “Feedback” means suggestions, comments or feedback (whether orally or in writing) with respect to the Software.\n   3. “Intellectual Property Rights” means all intangible legal rights, titles and interests evidenced by or embodied in all: (i) inventions (regardless of patentability and whether or not reduced to practice), improvements thereto, patents, patent applications, patent disclosures, together with all reissuances, continuations, continuations in part, revisions, extensions and reexaminations thereof; (ii) trademarks, service marks, trade dress, logos, trade names, corporate names, together with translations, adaptations, derivations and combinations thereof, including goodwill associated therewith, and applications, registrations, and renewals in connection therewith; (iii) any work of authorship, regardless of copyrightable, copyrightable works, copyrights (including moral rights), and applications, registrations and renewals in connection therewith; (iv) mask works and applications, registrations and renewals in connection therewith; (v) trade secrets and Confidential Information; and (vi) other proprietary rights and any other similar rights, in each case on a worldwide basis, and copies and tangible embodiments thereof, in whatever form or medium.\n   4. “License” means the right to use the Software pursuant to Section ‎2.1 to this Agreement.\n   5.  “Software” means Applitools’ software development kit software in object or source code version, Documentation and any updates and upgrade thereto (to the extent delivered).\n1. License\n   1. Grant of License. Subject to the terms and conditions of this Agreement, Applitools grants You, during the Term, a personal, non-exclusive, non-sublicensable, non-transferable, revocable license to: (i) use the Software solely for Your own personal (non-commercial) use and (ii) use and display Applitools’ Marks solely for the purpose of publicizing or advertising that You are using the Software. \n   2. Documentation. Applitools may make available Documentation to Licensee for Licensee to use solely in connection with Licensee’s use of the Software during the term of this Agreement. Licensee may print or copy the Documentation as needed for its own purposes provided that all copyright notices are included therein. The Documentation shall be considered the Confidential Information of Applitools. \n   1. Reservation of Rights; Use Restrictions. Other than the rights explicitly granted in this Agreement, Licensee shall have no other rights, express or implied, in the Software. Without limiting the generality of the foregoing, Licensee agrees and undertakes not to: (i) allow any third party to use the Software in any manner, including but not limited to, sell, lease, sublicense or distribute the Software, or any part thereof; (ii) modify, revise, or alter the Software or reverse engineer, decompile, disassemble or otherwise reduce to human-perceivable form the Software’s source code; (iii) copy or allow copies of the Software to be made; (iv) remove, alter or obscure any proprietary notice or identification, including copyright, trademark, patent or other notices, contained in or displayed on or via the Software; (v) use the Software to violate any applicable laws, rules or regulations, or for any unlawful, harmful, irresponsible, or inappropriate purpose, or in any manner that breaches this Agreement, and/or (vi) represent that it possesses any proprietary interest in the Software.\n   1. Third Party Software. Licensee acknowledges and agrees that any third party software (“Third Party Software”) that provided with the Software is provided under the terms of the license attached/linked thereto or, if no such license is attached, such Third Party Software is provided for free and on “AS IS” basis. Applitools is not liable for any losses or damages which may occur resulting from the use of any Third Party Software. Applitools does not possess any proprietary interest in such Third Party Software. \n   1. Open Source Licenses. The Software includes certain open source code software and materials (as shall be listed in the documentation of the Software) (“Open Source Software”) that are subject to their respective open source licenses (“Open Source Licenses”). Such Open Source Licenses contain a list of conditions with respect to warranty, copyright policy and other provisions. By executing this Agreement, Licensee undertakes to strictly comply with the terms and condition of the Open Source Licenses, as may be amended from time to time. In order to comply with the Open Source Licenses, Licensee shall read the respective licenses or notices, such list of Open Source Licenses may be amended from time to time by Applitools, at its sole discretion. In the event of any inconsistencies or conflicting provisions between the provisions of the Open Source Licenses and the provisions of this Agreement, the provisions of the Open Source Licenses shall prevail. Without derogating from the generality of the foregoing, it is clarified that any Open Source Software is provided on an “AS IS” basis, without indemnity or warranty of any kind, whether express or implied. For clarity, the representations and warranties set forth in Section ‎4 hereunder shall not apply to any Open Source Software.\n1. Title & Ownership. APPLITOOLS DOES NOT SELL OR TRANSFER TITLE IN THE SOFTWARE, OR ANY PART THEREOF, TO LICENSEE. The Documentation, Software (excluding any Open Source Software and Third Party Software therein which are owned by their respective licensors) and/or any copies thereof, including without limitation any derivative works made (regardless of whether such derivative works were made and/or developed pursuant to the request and/or specifications of Licensee, and irrespective of any support and/or assistance Applitools may, will or had received from Licensee, or any third party on its behalf, with respect thereto), as well as any updates or upgrades thereto, if provided to Applitools pursuant to this Agreement, shall remain Applitools’ sole and exclusive property. All Intellectual Property Rights evidenced by or embodied in and/or attached/connected/related to the Software, or part thereof, are and shall be owned solely and exclusively by Applitools. Nothing in this Agreement shall constitute a waiver of Applitools’ Intellectual Property Rights under any law, or be in any way construed or interpreted as such. It is further agreed that to the extent Licensee provides Applitools with Feedback, Licensee acknowledges that any and all rights, including Intellectual Property Rights in such Feedback shall belong exclusively to Applitools and Licensee hereby irrevocably and unconditionally transfers and assigns to Applitools all intellectual property rights in such Feedback and waives any and all moral rights that Licensee may have in respect thereto. It is further understood that use of Feedback, if any, may be made by Applitools at its sole discretion, and that Applitools in no way shall be obliged to make use of any kind of the Feedback or part thereof. \n1. Warranty. Applitools warrants that to its knowledge it has the right to grant the license under this Agreement. Applitools’ sole liability for any breach of this warranty or any other warranty under this Agreement shall be, at Applitools’ sole discretion: (i) to replace or repair the Software or the applicable portion thereof; or (ii) to terminate this Agreement.\n2. Warranty Exclusions. The warranties set forth in Section ‎4 are contingent upon Licensee’s proper use of the Software, and shall not apply to damage caused by abuse, misuse, alteration, neglect or unauthorized repair or installation, or by the use or attempted use of Software other than that supplied and supported by Applitools. Applitools will use reasonable commercial efforts to repair or replace the Software or the applicable portion thereof, pursuant to the foregoing warranty within thirty (30) days of being so notified.\n1. Warranty Disclaimers. AS BETWEEN LICENSEE AND APPLITOOLS, EXCEPT AS SET IN SECTION ‎4, THE SOFTWARE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND INCLUDING, WITHOUT LIMITATION, REPRESENTATIONS, WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR INTENDED OR PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, THAT THE SOFTWARE WILL MEET LICENSEE’S REQUIREMENTS OR EXPECTATIONS OR WILL ACHIEVE ANY SPECIFIC RESULTS AND THOSE ARISING BY STATUTE OR FROM A COURSE OF DEALING OR USAGE OF TRADE. Applicable law may not allow the exclusion of certain warranties, so to that extent such exclusions may not apply.\n1. High Risk Activities. You acknowledge that the Software is not fault tolerant and is not designed, manufactured, or intended for use or resale as on-line control equipment in hazardous or high risk environments and activities requiring fail-safe performance (such as in the operation of nuclear facilities, aircraft navigation or communication systems, air traffic control, direct life support machines and/or devices, or weapons systems) in which the failure of the Software could lead directly to death, personal injury, or severe physical or environmental damage, and You agree not to use or allow the use of the Software or any portion thereof for, or in connection with, any such environment or activity.\n1. Indemnify. You agree that Applitools shall have no liability whatsoever for any use made of the Software by You or any third party. You hereby agree to defend, indemnify and hold harmless Applitools and its affiliates and their respective officers, directors, agents and employees from any and all claims, damages, liabilities, costs, and expenses (including attorney’s fees) arising from claims related to Your use of the Software as well as from Your failure to comply with this Agreement.\n1. Limitation of Liability. UNDER NO CIRCUMSTANCES SHALL APPLITOOLS AND/OR ITS AFFILIATES BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, OR FOR ANY LOSS OF DATA, REVENUE, BUSINESS OR REPUTATION, THAT ARISES UNDER OR IN CONNECTION WITH THIS AGREEMENT, OR THAT RESULTS FROM THE USE OF, OR THE INABILITY TO USE, THE SOFTWARE. APPLITOOLS’S TOTAL AGGREGATE LIABILITY FOR ANY AND ALL DIRECT DAMAGES AND LOSSES THAT ARISE UNDER OR IN CONNECTION WITH THIS AGREEMENT SHALL NOT IN ANY CIRCUMSTANCE EXCEED THE AMOUNT OF 100.00 (ONE HUNDRED) UNITED STATES DOLLARS. THE FOREGOING LIMITATIONS AND EXCLUSIONS IN THIS SECTION ‎7 SHALL APPLY: (I) EVEN IF APPLITOOLS HAS BEEN ADVISED OF THE POSSIBILITY OF ANY DAMAGES OR LOSSES; (II) EVEN IF ANY REMEDY SET FORTH HEREIN FAILS OF ITS ESSENTIAL PURPOSE; AND (III) REGARDLESS OF THE BASIS OR THEORY OF LIABILITY.\n1. Export Laws. Licensee agrees to comply fully with all U.S., EU, Israeli, and all applicable export laws and regulations to ensure that neither the Software nor any technical data related thereto are exported or re-exported directly or indirectly in violation of, or used for any purposes prohibited by, such laws and regulations. For clarity, and without derogating from Section ‎11 below, in case of any change of any applicable law, policy or regulation, which might affect Applitools’ business, Applitools will have the right to terminate this Agreement and the license granted hereunder and the Licensee shall have no claims regarding such termination. \n1. Term and Termination. This Agreement shall continue until terminated as set forth in this section (the “Term”). You may terminate this Agreement at any time by removing the Software from Your system and destroying all copies of the Software and Documentation relating to the Software. Unauthorized copying of the Software or otherwise failing to comply with this Agreement will result in automatic immediate termination of this Agreement and will make available to Applitools legal remedies. Applitools reserves the right to terminate this Agreement and the License at any time and without notice. Upon termination of this Agreement, the License will terminate and You: (i) will cease any and all rights to use the Software, and (ii) will remove the Software from all hard drives, networks and other storage media and destroy all copies of the Software in your possession or under your control. The provisions of Sections ‎2.3, ‎2.4, ‎2.5, ‎6, ‎7, ‎8, ‎9, 10, ‎11 and ‎12 shall survive the termination, expiration or other ending of this Agreement.\n1. Miscellaneous. This Agreement represents the complete agreement concerning the Software between You and Applitools and supersedes all prior agreements and representations between You and Applitools. If any provision of this Agreement is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable. Any waiver of any provision of this Agreement will be effective only if in writing and signed by Applitools. This Agreement is personal to You and may not be assigned or transferred for any reason whatsoever without the consent of Applitools and any action or conduct in violation of the foregoing shall be void and without effect. Applitools expressly reserves the right to assign this Agreement and to delegate any of its obligations hereunder. This Agreement are governed by and construed under the laws of the State of Israel, excluding its conflicts of law rules. You expressly agree that the exclusive jurisdiction for any claim or action arising out of or relating to this Agreement shall be the courts located in Tel Aviv, Israel, and You further agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action. 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BY INSTALLING, ACCESSING AND/OR USING THE SOFTWARE (AS DEFINED BELOW), YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOU, OR THE COMPANY YOU REPRESENT, (“YOU” OR “LICENSEE”) ARE ENTERING INTO A LEGAL AGREEMENT WITH APPLITOOLS LTD. AND ITS AFFILIATES (“APPLITOOLS”), AND HAVE UNDERSTOOD AND AGREE TO COMPLY WITH, AND BE LEGALLY BOUND BY, THE TERMS AND CONDITIONS OF THIS AGREEMENT. YOU HEREBY WAIVE ANY RIGHTS OR REQUIREMENTS UNDER ANY LAWS OR REGULATIONS IN ANY JURISDICTION WHICH REQUIRE AN ORIGINAL (NON-ELECTRONIC) SIGNATURE OR DELIVERY OR RETENTION OF NON-ELECTRONIC RECORDS, TO THE EXTENT PERMITTED UNDER APPLICABLE LAW. \nTHE SOFTWARE MAY BE USED SOLELY FOR YOUR PERSONAL, NON-COMMERCIAL PURPOSES. FOR COMMERCIAL PURPOSES PLEASE CONTACT THE REGIONAL APPLITOOLS BUSINESS REPRESENTATIVE. \n1. Definitions. For purposes of this Agreement, the following capitalized terms shall have the following meaning:\n   1. “Documentation” means the user’s guides and technical manuals delivered by Applitools to Licensee.\n   2.  “Feedback” means suggestions, comments or feedback (whether orally or in writing) with respect to the Software.\n   3. “Intellectual Property Rights” means all intangible legal rights, titles and interests evidenced by or embodied in all: (i) inventions (regardless of patentability and whether or not reduced to practice), improvements thereto, patents, patent applications, patent disclosures, together with all reissuances, continuations, continuations in part, revisions, extensions and reexaminations thereof; (ii) trademarks, service marks, trade dress, logos, trade names, corporate names, together with translations, adaptations, derivations and combinations thereof, including goodwill associated therewith, and applications, registrations, and renewals in connection therewith; (iii) any work of authorship, regardless of copyrightable, copyrightable works, copyrights (including moral rights), and applications, registrations and renewals in connection therewith; (iv) mask works and applications, registrations and renewals in connection therewith; (v) trade secrets and Confidential Information; and (vi) other proprietary rights and any other similar rights, in each case on a worldwide basis, and copies and tangible embodiments thereof, in whatever form or medium.\n   4. “License” means the right to use the Software pursuant to Section ‎2.1 to this Agreement.\n   5.  “Software” means Applitools’ software development kit software in object or source code version, Documentation and any updates and upgrade thereto (to the extent delivered).\n1. License\n   1. Grant of License. Subject to the terms and conditions of this Agreement, Applitools grants You, during the Term, a personal, non-exclusive, non-sublicensable, non-transferable, revocable license to: (i) use the Software solely for Your own personal (non-commercial) use and (ii) use and display Applitools’ Marks solely for the purpose of publicizing or advertising that You are using the Software. \n   2. Documentation. Applitools may make available Documentation to Licensee for Licensee to use solely in connection with Licensee’s use of the Software during the term of this Agreement. Licensee may print or copy the Documentation as needed for its own purposes provided that all copyright notices are included therein. The Documentation shall be considered the Confidential Information of Applitools. \n   1. Reservation of Rights; Use Restrictions. Other than the rights explicitly granted in this Agreement, Licensee shall have no other rights, express or implied, in the Software. Without limiting the generality of the foregoing, Licensee agrees and undertakes not to: (i) allow any third party to use the Software in any manner, including but not limited to, sell, lease, sublicense or distribute the Software, or any part thereof; (ii) modify, revise, or alter the Software or reverse engineer, decompile, disassemble or otherwise reduce to human-perceivable form the Software’s source code; (iii) copy or allow copies of the Software to be made; (iv) remove, alter or obscure any proprietary notice or identification, including copyright, trademark, patent or other notices, contained in or displayed on or via the Software; (v) use the Software to violate any applicable laws, rules or regulations, or for any unlawful, harmful, irresponsible, or inappropriate purpose, or in any manner that breaches this Agreement, and/or (vi) represent that it possesses any proprietary interest in the Software.\n   1. Third Party Software. Licensee acknowledges and agrees that any third party software (“Third Party Software”) that provided with the Software is provided under the terms of the license attached/linked thereto or, if no such license is attached, such Third Party Software is provided for free and on “AS IS” basis. Applitools is not liable for any losses or damages which may occur resulting from the use of any Third Party Software. Applitools does not possess any proprietary interest in such Third Party Software. \n   1. Open Source Licenses. The Software includes certain open source code software and materials (as shall be listed in the documentation of the Software) (“Open Source Software”) that are subject to their respective open source licenses (“Open Source Licenses”). Such Open Source Licenses contain a list of conditions with respect to warranty, copyright policy and other provisions. By executing this Agreement, Licensee undertakes to strictly comply with the terms and condition of the Open Source Licenses, as may be amended from time to time. In order to comply with the Open Source Licenses, Licensee shall read the respective licenses or notices, such list of Open Source Licenses may be amended from time to time by Applitools, at its sole discretion. In the event of any inconsistencies or conflicting provisions between the provisions of the Open Source Licenses and the provisions of this Agreement, the provisions of the Open Source Licenses shall prevail. Without derogating from the generality of the foregoing, it is clarified that any Open Source Software is provided on an “AS IS” basis, without indemnity or warranty of any kind, whether express or implied. For clarity, the representations and warranties set forth in Section ‎4 hereunder shall not apply to any Open Source Software.\n1. Title & Ownership. APPLITOOLS DOES NOT SELL OR TRANSFER TITLE IN THE SOFTWARE, OR ANY PART THEREOF, TO LICENSEE. The Documentation, Software (excluding any Open Source Software and Third Party Software therein which are owned by their respective licensors) and/or any copies thereof, including without limitation any derivative works made (regardless of whether such derivative works were made and/or developed pursuant to the request and/or specifications of Licensee, and irrespective of any support and/or assistance Applitools may, will or had received from Licensee, or any third party on its behalf, with respect thereto), as well as any updates or upgrades thereto, if provided to Applitools pursuant to this Agreement, shall remain Applitools’ sole and exclusive property. All Intellectual Property Rights evidenced by or embodied in and/or attached/connected/related to the Software, or part thereof, are and shall be owned solely and exclusively by Applitools. Nothing in this Agreement shall constitute a waiver of Applitools’ Intellectual Property Rights under any law, or be in any way construed or interpreted as such. It is further agreed that to the extent Licensee provides Applitools with Feedback, Licensee acknowledges that any and all rights, including Intellectual Property Rights in such Feedback shall belong exclusively to Applitools and Licensee hereby irrevocably and unconditionally transfers and assigns to Applitools all intellectual property rights in such Feedback and waives any and all moral rights that Licensee may have in respect thereto. It is further understood that use of Feedback, if any, may be made by Applitools at its sole discretion, and that Applitools in no way shall be obliged to make use of any kind of the Feedback or part thereof. \n1. Warranty. Applitools warrants that to its knowledge it has the right to grant the license under this Agreement. Applitools’ sole liability for any breach of this warranty or any other warranty under this Agreement shall be, at Applitools’ sole discretion: (i) to replace or repair the Software or the applicable portion thereof; or (ii) to terminate this Agreement.\n2. Warranty Exclusions. The warranties set forth in Section ‎4 are contingent upon Licensee’s proper use of the Software, and shall not apply to damage caused by abuse, misuse, alteration, neglect or unauthorized repair or installation, or by the use or attempted use of Software other than that supplied and supported by Applitools. Applitools will use reasonable commercial efforts to repair or replace the Software or the applicable portion thereof, pursuant to the foregoing warranty within thirty (30) days of being so notified.\n1. Warranty Disclaimers. AS BETWEEN LICENSEE AND APPLITOOLS, EXCEPT AS SET IN SECTION ‎4, THE SOFTWARE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND INCLUDING, WITHOUT LIMITATION, REPRESENTATIONS, WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR INTENDED OR PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, THAT THE SOFTWARE WILL MEET LICENSEE’S REQUIREMENTS OR EXPECTATIONS OR WILL ACHIEVE ANY SPECIFIC RESULTS AND THOSE ARISING BY STATUTE OR FROM A COURSE OF DEALING OR USAGE OF TRADE. Applicable law may not allow the exclusion of certain warranties, so to that extent such exclusions may not apply.\n1. High Risk Activities. You acknowledge that the Software is not fault tolerant and is not designed, manufactured, or intended for use or resale as on-line control equipment in hazardous or high risk environments and activities requiring fail-safe performance (such as in the operation of nuclear facilities, aircraft navigation or communication systems, air traffic control, direct life support machines and/or devices, or weapons systems) in which the failure of the Software could lead directly to death, personal injury, or severe physical or environmental damage, and You agree not to use or allow the use of the Software or any portion thereof for, or in connection with, any such environment or activity.\n1. Indemnify. You agree that Applitools shall have no liability whatsoever for any use made of the Software by You or any third party. You hereby agree to defend, indemnify and hold harmless Applitools and its affiliates and their respective officers, directors, agents and employees from any and all claims, damages, liabilities, costs, and expenses (including attorney’s fees) arising from claims related to Your use of the Software as well as from Your failure to comply with this Agreement.\n1. Limitation of Liability. UNDER NO CIRCUMSTANCES SHALL APPLITOOLS AND/OR ITS AFFILIATES BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, OR FOR ANY LOSS OF DATA, REVENUE, BUSINESS OR REPUTATION, THAT ARISES UNDER OR IN CONNECTION WITH THIS AGREEMENT, OR THAT RESULTS FROM THE USE OF, OR THE INABILITY TO USE, THE SOFTWARE. APPLITOOLS’S TOTAL AGGREGATE LIABILITY FOR ANY AND ALL DIRECT DAMAGES AND LOSSES THAT ARISE UNDER OR IN CONNECTION WITH THIS AGREEMENT SHALL NOT IN ANY CIRCUMSTANCE EXCEED THE AMOUNT OF 100.00 (ONE HUNDRED) UNITED STATES DOLLARS. THE FOREGOING LIMITATIONS AND EXCLUSIONS IN THIS SECTION ‎7 SHALL APPLY: (I) EVEN IF APPLITOOLS HAS BEEN ADVISED OF THE POSSIBILITY OF ANY DAMAGES OR LOSSES; (II) EVEN IF ANY REMEDY SET FORTH HEREIN FAILS OF ITS ESSENTIAL PURPOSE; AND (III) REGARDLESS OF THE BASIS OR THEORY OF LIABILITY.\n1. Export Laws. Licensee agrees to comply fully with all U.S., EU, Israeli, and all applicable export laws and regulations to ensure that neither the Software nor any technical data related thereto are exported or re-exported directly or indirectly in violation of, or used for any purposes prohibited by, such laws and regulations. For clarity, and without derogating from Section ‎11 below, in case of any change of any applicable law, policy or regulation, which might affect Applitools’ business, Applitools will have the right to terminate this Agreement and the license granted hereunder and the Licensee shall have no claims regarding such termination. \n1. Term and Termination. This Agreement shall continue until terminated as set forth in this section (the “Term”). You may terminate this Agreement at any time by removing the Software from Your system and destroying all copies of the Software and Documentation relating to the Software. Unauthorized copying of the Software or otherwise failing to comply with this Agreement will result in automatic immediate termination of this Agreement and will make available to Applitools legal remedies. Applitools reserves the right to terminate this Agreement and the License at any time and without notice. Upon termination of this Agreement, the License will terminate and You: (i) will cease any and all rights to use the Software, and (ii) will remove the Software from all hard drives, networks and other storage media and destroy all copies of the Software in your possession or under your control. The provisions of Sections ‎2.3, ‎2.4, ‎2.5, ‎6, ‎7, ‎8, ‎9, 10, ‎11 and ‎12 shall survive the termination, expiration or other ending of this Agreement.\n1. Miscellaneous. This Agreement represents the complete agreement concerning the Software between You and Applitools and supersedes all prior agreements and representations between You and Applitools. If any provision of this Agreement is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable. Any waiver of any provision of this Agreement will be effective only if in writing and signed by Applitools. This Agreement is personal to You and may not be assigned or transferred for any reason whatsoever without the consent of Applitools and any action or conduct in violation of the foregoing shall be void and without effect. Applitools expressly reserves the right to assign this Agreement and to delegate any of its obligations hereunder. This Agreement are governed by and construed under the laws of the State of Israel, excluding its conflicts of law rules. You expressly agree that the exclusive jurisdiction for any claim or action arising out of or relating to this Agreement shall be the courts located in Tel Aviv, Israel, and You further agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action. 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BY INSTALLING, ACCESSING AND/OR USING THE SOFTWARE (AS DEFINED BELOW), YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOU, OR THE COMPANY YOU REPRESENT, (“YOU” OR “LICENSEE”) ARE ENTERING INTO A LEGAL AGREEMENT WITH APPLITOOLS LTD. AND ITS AFFILIATES (“APPLITOOLS”), AND HAVE UNDERSTOOD AND AGREE TO COMPLY WITH, AND BE LEGALLY BOUND BY, THE TERMS AND CONDITIONS OF THIS AGREEMENT. YOU HEREBY WAIVE ANY RIGHTS OR REQUIREMENTS UNDER ANY LAWS OR REGULATIONS IN ANY JURISDICTION WHICH REQUIRE AN ORIGINAL (NON-ELECTRONIC) SIGNATURE OR DELIVERY OR RETENTION OF NON-ELECTRONIC RECORDS, TO THE EXTENT PERMITTED UNDER APPLICABLE LAW. \nTHE SOFTWARE MAY BE USED SOLELY FOR YOUR PERSONAL, NON-COMMERCIAL PURPOSES. FOR COMMERCIAL PURPOSES PLEASE CONTACT THE REGIONAL APPLITOOLS BUSINESS REPRESENTATIVE. \n1. Definitions. For purposes of this Agreement, the following capitalized terms shall have the following meaning:\n   1. “Documentation” means the user’s guides and technical manuals delivered by Applitools to Licensee.\n   2.  “Feedback” means suggestions, comments or feedback (whether orally or in writing) with respect to the Software.\n   3. “Intellectual Property Rights” means all intangible legal rights, titles and interests evidenced by or embodied in all: (i) inventions (regardless of patentability and whether or not reduced to practice), improvements thereto, patents, patent applications, patent disclosures, together with all reissuances, continuations, continuations in part, revisions, extensions and reexaminations thereof; (ii) trademarks, service marks, trade dress, logos, trade names, corporate names, together with translations, adaptations, derivations and combinations thereof, including goodwill associated therewith, and applications, registrations, and renewals in connection therewith; (iii) any work of authorship, regardless of copyrightable, copyrightable works, copyrights (including moral rights), and applications, registrations and renewals in connection therewith; (iv) mask works and applications, registrations and renewals in connection therewith; (v) trade secrets and Confidential Information; and (vi) other proprietary rights and any other similar rights, in each case on a worldwide basis, and copies and tangible embodiments thereof, in whatever form or medium.\n   4. “License” means the right to use the Software pursuant to Section ‎2.1 to this Agreement.\n   5.  “Software” means Applitools’ software development kit software in object or source code version, Documentation and any updates and upgrade thereto (to the extent delivered).\n1. License\n   1. Grant of License. Subject to the terms and conditions of this Agreement, Applitools grants You, during the Term, a personal, non-exclusive, non-sublicensable, non-transferable, revocable license to: (i) use the Software solely for Your own personal (non-commercial) use and (ii) use and display Applitools’ Marks solely for the purpose of publicizing or advertising that You are using the Software. \n   2. Documentation. Applitools may make available Documentation to Licensee for Licensee to use solely in connection with Licensee’s use of the Software during the term of this Agreement. Licensee may print or copy the Documentation as needed for its own purposes provided that all copyright notices are included therein. The Documentation shall be considered the Confidential Information of Applitools. \n   1. Reservation of Rights; Use Restrictions. Other than the rights explicitly granted in this Agreement, Licensee shall have no other rights, express or implied, in the Software. Without limiting the generality of the foregoing, Licensee agrees and undertakes not to: (i) allow any third party to use the Software in any manner, including but not limited to, sell, lease, sublicense or distribute the Software, or any part thereof; (ii) modify, revise, or alter the Software or reverse engineer, decompile, disassemble or otherwise reduce to human-perceivable form the Software’s source code; (iii) copy or allow copies of the Software to be made; (iv) remove, alter or obscure any proprietary notice or identification, including copyright, trademark, patent or other notices, contained in or displayed on or via the Software; (v) use the Software to violate any applicable laws, rules or regulations, or for any unlawful, harmful, irresponsible, or inappropriate purpose, or in any manner that breaches this Agreement, and/or (vi) represent that it possesses any proprietary interest in the Software.\n   1. Third Party Software. Licensee acknowledges and agrees that any third party software (“Third Party Software”) that provided with the Software is provided under the terms of the license attached/linked thereto or, if no such license is attached, such Third Party Software is provided for free and on “AS IS” basis. Applitools is not liable for any losses or damages which may occur resulting from the use of any Third Party Software. Applitools does not possess any proprietary interest in such Third Party Software. \n   1. Open Source Licenses. The Software includes certain open source code software and materials (as shall be listed in the documentation of the Software) (“Open Source Software”) that are subject to their respective open source licenses (“Open Source Licenses”). Such Open Source Licenses contain a list of conditions with respect to warranty, copyright policy and other provisions. By executing this Agreement, Licensee undertakes to strictly comply with the terms and condition of the Open Source Licenses, as may be amended from time to time. In order to comply with the Open Source Licenses, Licensee shall read the respective licenses or notices, such list of Open Source Licenses may be amended from time to time by Applitools, at its sole discretion. In the event of any inconsistencies or conflicting provisions between the provisions of the Open Source Licenses and the provisions of this Agreement, the provisions of the Open Source Licenses shall prevail. Without derogating from the generality of the foregoing, it is clarified that any Open Source Software is provided on an “AS IS” basis, without indemnity or warranty of any kind, whether express or implied. For clarity, the representations and warranties set forth in Section ‎4 hereunder shall not apply to any Open Source Software.\n1. Title & Ownership. APPLITOOLS DOES NOT SELL OR TRANSFER TITLE IN THE SOFTWARE, OR ANY PART THEREOF, TO LICENSEE. The Documentation, Software (excluding any Open Source Software and Third Party Software therein which are owned by their respective licensors) and/or any copies thereof, including without limitation any derivative works made (regardless of whether such derivative works were made and/or developed pursuant to the request and/or specifications of Licensee, and irrespective of any support and/or assistance Applitools may, will or had received from Licensee, or any third party on its behalf, with respect thereto), as well as any updates or upgrades thereto, if provided to Applitools pursuant to this Agreement, shall remain Applitools’ sole and exclusive property. All Intellectual Property Rights evidenced by or embodied in and/or attached/connected/related to the Software, or part thereof, are and shall be owned solely and exclusively by Applitools. Nothing in this Agreement shall constitute a waiver of Applitools’ Intellectual Property Rights under any law, or be in any way construed or interpreted as such. It is further agreed that to the extent Licensee provides Applitools with Feedback, Licensee acknowledges that any and all rights, including Intellectual Property Rights in such Feedback shall belong exclusively to Applitools and Licensee hereby irrevocably and unconditionally transfers and assigns to Applitools all intellectual property rights in such Feedback and waives any and all moral rights that Licensee may have in respect thereto. It is further understood that use of Feedback, if any, may be made by Applitools at its sole discretion, and that Applitools in no way shall be obliged to make use of any kind of the Feedback or part thereof. \n1. Warranty. Applitools warrants that to its knowledge it has the right to grant the license under this Agreement. Applitools’ sole liability for any breach of this warranty or any other warranty under this Agreement shall be, at Applitools’ sole discretion: (i) to replace or repair the Software or the applicable portion thereof; or (ii) to terminate this Agreement.\n2. Warranty Exclusions. The warranties set forth in Section ‎4 are contingent upon Licensee’s proper use of the Software, and shall not apply to damage caused by abuse, misuse, alteration, neglect or unauthorized repair or installation, or by the use or attempted use of Software other than that supplied and supported by Applitools. Applitools will use reasonable commercial efforts to repair or replace the Software or the applicable portion thereof, pursuant to the foregoing warranty within thirty (30) days of being so notified.\n1. Warranty Disclaimers. AS BETWEEN LICENSEE AND APPLITOOLS, EXCEPT AS SET IN SECTION ‎4, THE SOFTWARE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND INCLUDING, WITHOUT LIMITATION, REPRESENTATIONS, WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR INTENDED OR PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, THAT THE SOFTWARE WILL MEET LICENSEE’S REQUIREMENTS OR EXPECTATIONS OR WILL ACHIEVE ANY SPECIFIC RESULTS AND THOSE ARISING BY STATUTE OR FROM A COURSE OF DEALING OR USAGE OF TRADE. Applicable law may not allow the exclusion of certain warranties, so to that extent such exclusions may not apply.\n1. High Risk Activities. You acknowledge that the Software is not fault tolerant and is not designed, manufactured, or intended for use or resale as on-line control equipment in hazardous or high risk environments and activities requiring fail-safe performance (such as in the operation of nuclear facilities, aircraft navigation or communication systems, air traffic control, direct life support machines and/or devices, or weapons systems) in which the failure of the Software could lead directly to death, personal injury, or severe physical or environmental damage, and You agree not to use or allow the use of the Software or any portion thereof for, or in connection with, any such environment or activity.\n1. Indemnify. You agree that Applitools shall have no liability whatsoever for any use made of the Software by You or any third party. You hereby agree to defend, indemnify and hold harmless Applitools and its affiliates and their respective officers, directors, agents and employees from any and all claims, damages, liabilities, costs, and expenses (including attorney’s fees) arising from claims related to Your use of the Software as well as from Your failure to comply with this Agreement.\n1. Limitation of Liability. UNDER NO CIRCUMSTANCES SHALL APPLITOOLS AND/OR ITS AFFILIATES BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, OR FOR ANY LOSS OF DATA, REVENUE, BUSINESS OR REPUTATION, THAT ARISES UNDER OR IN CONNECTION WITH THIS AGREEMENT, OR THAT RESULTS FROM THE USE OF, OR THE INABILITY TO USE, THE SOFTWARE. APPLITOOLS’S TOTAL AGGREGATE LIABILITY FOR ANY AND ALL DIRECT DAMAGES AND LOSSES THAT ARISE UNDER OR IN CONNECTION WITH THIS AGREEMENT SHALL NOT IN ANY CIRCUMSTANCE EXCEED THE AMOUNT OF 100.00 (ONE HUNDRED) UNITED STATES DOLLARS. THE FOREGOING LIMITATIONS AND EXCLUSIONS IN THIS SECTION ‎7 SHALL APPLY: (I) EVEN IF APPLITOOLS HAS BEEN ADVISED OF THE POSSIBILITY OF ANY DAMAGES OR LOSSES; (II) EVEN IF ANY REMEDY SET FORTH HEREIN FAILS OF ITS ESSENTIAL PURPOSE; AND (III) REGARDLESS OF THE BASIS OR THEORY OF LIABILITY.\n1. Export Laws. Licensee agrees to comply fully with all U.S., EU, Israeli, and all applicable export laws and regulations to ensure that neither the Software nor any technical data related thereto are exported or re-exported directly or indirectly in violation of, or used for any purposes prohibited by, such laws and regulations. For clarity, and without derogating from Section ‎11 below, in case of any change of any applicable law, policy or regulation, which might affect Applitools’ business, Applitools will have the right to terminate this Agreement and the license granted hereunder and the Licensee shall have no claims regarding such termination. \n1. Term and Termination. This Agreement shall continue until terminated as set forth in this section (the “Term”). You may terminate this Agreement at any time by removing the Software from Your system and destroying all copies of the Software and Documentation relating to the Software. Unauthorized copying of the Software or otherwise failing to comply with this Agreement will result in automatic immediate termination of this Agreement and will make available to Applitools legal remedies. Applitools reserves the right to terminate this Agreement and the License at any time and without notice. Upon termination of this Agreement, the License will terminate and You: (i) will cease any and all rights to use the Software, and (ii) will remove the Software from all hard drives, networks and other storage media and destroy all copies of the Software in your possession or under your control. The provisions of Sections ‎2.3, ‎2.4, ‎2.5, ‎6, ‎7, ‎8, ‎9, 10, ‎11 and ‎12 shall survive the termination, expiration or other ending of this Agreement.\n1. Miscellaneous. This Agreement represents the complete agreement concerning the Software between You and Applitools and supersedes all prior agreements and representations between You and Applitools. If any provision of this Agreement is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable. Any waiver of any provision of this Agreement will be effective only if in writing and signed by Applitools. This Agreement is personal to You and may not be assigned or transferred for any reason whatsoever without the consent of Applitools and any action or conduct in violation of the foregoing shall be void and without effect. Applitools expressly reserves the right to assign this Agreement and to delegate any of its obligations hereunder. This Agreement are governed by and construed under the laws of the State of Israel, excluding its conflicts of law rules. You expressly agree that the exclusive jurisdiction for any claim or action arising out of or relating to this Agreement shall be the courts located in Tel Aviv, Israel, and You further agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action. 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BY INSTALLING, ACCESSING AND/OR USING THE SOFTWARE (AS DEFINED BELOW), YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOU, OR THE COMPANY YOU REPRESENT, (“YOU” OR “LICENSEE”) ARE ENTERING INTO A LEGAL AGREEMENT WITH APPLITOOLS LTD. AND ITS AFFILIATES (“APPLITOOLS”), AND HAVE UNDERSTOOD AND AGREE TO COMPLY WITH, AND BE LEGALLY BOUND BY, THE TERMS AND CONDITIONS OF THIS AGREEMENT. YOU HEREBY WAIVE ANY RIGHTS OR REQUIREMENTS UNDER ANY LAWS OR REGULATIONS IN ANY JURISDICTION WHICH REQUIRE AN ORIGINAL (NON-ELECTRONIC) SIGNATURE OR DELIVERY OR RETENTION OF NON-ELECTRONIC RECORDS, TO THE EXTENT PERMITTED UNDER APPLICABLE LAW. \nTHE SOFTWARE MAY BE USED SOLELY FOR YOUR PERSONAL, NON-COMMERCIAL PURPOSES. FOR COMMERCIAL PURPOSES PLEASE CONTACT THE REGIONAL APPLITOOLS BUSINESS REPRESENTATIVE. \n1. Definitions. For purposes of this Agreement, the following capitalized terms shall have the following meaning:\n   1. “Documentation” means the user’s guides and technical manuals delivered by Applitools to Licensee.\n   2.  “Feedback” means suggestions, comments or feedback (whether orally or in writing) with respect to the Software.\n   3. “Intellectual Property Rights” means all intangible legal rights, titles and interests evidenced by or embodied in all: (i) inventions (regardless of patentability and whether or not reduced to practice), improvements thereto, patents, patent applications, patent disclosures, together with all reissuances, continuations, continuations in part, revisions, extensions and reexaminations thereof; (ii) trademarks, service marks, trade dress, logos, trade names, corporate names, together with translations, adaptations, derivations and combinations thereof, including goodwill associated therewith, and applications, registrations, and renewals in connection therewith; (iii) any work of authorship, regardless of copyrightable, copyrightable works, copyrights (including moral rights), and applications, registrations and renewals in connection therewith; (iv) mask works and applications, registrations and renewals in connection therewith; (v) trade secrets and Confidential Information; and (vi) other proprietary rights and any other similar rights, in each case on a worldwide basis, and copies and tangible embodiments thereof, in whatever form or medium.\n   4. “License” means the right to use the Software pursuant to Section ‎2.1 to this Agreement.\n   5.  “Software” means Applitools’ software development kit software in object or source code version, Documentation and any updates and upgrade thereto (to the extent delivered).\n1. License\n   1. Grant of License. Subject to the terms and conditions of this Agreement, Applitools grants You, during the Term, a personal, non-exclusive, non-sublicensable, non-transferable, revocable license to: (i) use the Software solely for Your own personal (non-commercial) use and (ii) use and display Applitools’ Marks solely for the purpose of publicizing or advertising that You are using the Software. \n   2. Documentation. Applitools may make available Documentation to Licensee for Licensee to use solely in connection with Licensee’s use of the Software during the term of this Agreement. Licensee may print or copy the Documentation as needed for its own purposes provided that all copyright notices are included therein. The Documentation shall be considered the Confidential Information of Applitools. \n   1. Reservation of Rights; Use Restrictions. Other than the rights explicitly granted in this Agreement, Licensee shall have no other rights, express or implied, in the Software. Without limiting the generality of the foregoing, Licensee agrees and undertakes not to: (i) allow any third party to use the Software in any manner, including but not limited to, sell, lease, sublicense or distribute the Software, or any part thereof; (ii) modify, revise, or alter the Software or reverse engineer, decompile, disassemble or otherwise reduce to human-perceivable form the Software’s source code; (iii) copy or allow copies of the Software to be made; (iv) remove, alter or obscure any proprietary notice or identification, including copyright, trademark, patent or other notices, contained in or displayed on or via the Software; (v) use the Software to violate any applicable laws, rules or regulations, or for any unlawful, harmful, irresponsible, or inappropriate purpose, or in any manner that breaches this Agreement, and/or (vi) represent that it possesses any proprietary interest in the Software.\n   1. Third Party Software. Licensee acknowledges and agrees that any third party software (“Third Party Software”) that provided with the Software is provided under the terms of the license attached/linked thereto or, if no such license is attached, such Third Party Software is provided for free and on “AS IS” basis. Applitools is not liable for any losses or damages which may occur resulting from the use of any Third Party Software. Applitools does not possess any proprietary interest in such Third Party Software. \n   1. Open Source Licenses. The Software includes certain open source code software and materials (as shall be listed in the documentation of the Software) (“Open Source Software”) that are subject to their respective open source licenses (“Open Source Licenses”). Such Open Source Licenses contain a list of conditions with respect to warranty, copyright policy and other provisions. By executing this Agreement, Licensee undertakes to strictly comply with the terms and condition of the Open Source Licenses, as may be amended from time to time. In order to comply with the Open Source Licenses, Licensee shall read the respective licenses or notices, such list of Open Source Licenses may be amended from time to time by Applitools, at its sole discretion. In the event of any inconsistencies or conflicting provisions between the provisions of the Open Source Licenses and the provisions of this Agreement, the provisions of the Open Source Licenses shall prevail. Without derogating from the generality of the foregoing, it is clarified that any Open Source Software is provided on an “AS IS” basis, without indemnity or warranty of any kind, whether express or implied. For clarity, the representations and warranties set forth in Section ‎4 hereunder shall not apply to any Open Source Software.\n1. Title & Ownership. APPLITOOLS DOES NOT SELL OR TRANSFER TITLE IN THE SOFTWARE, OR ANY PART THEREOF, TO LICENSEE. The Documentation, Software (excluding any Open Source Software and Third Party Software therein which are owned by their respective licensors) and/or any copies thereof, including without limitation any derivative works made (regardless of whether such derivative works were made and/or developed pursuant to the request and/or specifications of Licensee, and irrespective of any support and/or assistance Applitools may, will or had received from Licensee, or any third party on its behalf, with respect thereto), as well as any updates or upgrades thereto, if provided to Applitools pursuant to this Agreement, shall remain Applitools’ sole and exclusive property. All Intellectual Property Rights evidenced by or embodied in and/or attached/connected/related to the Software, or part thereof, are and shall be owned solely and exclusively by Applitools. Nothing in this Agreement shall constitute a waiver of Applitools’ Intellectual Property Rights under any law, or be in any way construed or interpreted as such. It is further agreed that to the extent Licensee provides Applitools with Feedback, Licensee acknowledges that any and all rights, including Intellectual Property Rights in such Feedback shall belong exclusively to Applitools and Licensee hereby irrevocably and unconditionally transfers and assigns to Applitools all intellectual property rights in such Feedback and waives any and all moral rights that Licensee may have in respect thereto. It is further understood that use of Feedback, if any, may be made by Applitools at its sole discretion, and that Applitools in no way shall be obliged to make use of any kind of the Feedback or part thereof. \n1. Warranty. Applitools warrants that to its knowledge it has the right to grant the license under this Agreement. Applitools’ sole liability for any breach of this warranty or any other warranty under this Agreement shall be, at Applitools’ sole discretion: (i) to replace or repair the Software or the applicable portion thereof; or (ii) to terminate this Agreement.\n2. Warranty Exclusions. The warranties set forth in Section ‎4 are contingent upon Licensee’s proper use of the Software, and shall not apply to damage caused by abuse, misuse, alteration, neglect or unauthorized repair or installation, or by the use or attempted use of Software other than that supplied and supported by Applitools. Applitools will use reasonable commercial efforts to repair or replace the Software or the applicable portion thereof, pursuant to the foregoing warranty within thirty (30) days of being so notified.\n1. Warranty Disclaimers. AS BETWEEN LICENSEE AND APPLITOOLS, EXCEPT AS SET IN SECTION ‎4, THE SOFTWARE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND INCLUDING, WITHOUT LIMITATION, REPRESENTATIONS, WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR INTENDED OR PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, THAT THE SOFTWARE WILL MEET LICENSEE’S REQUIREMENTS OR EXPECTATIONS OR WILL ACHIEVE ANY SPECIFIC RESULTS AND THOSE ARISING BY STATUTE OR FROM A COURSE OF DEALING OR USAGE OF TRADE. Applicable law may not allow the exclusion of certain warranties, so to that extent such exclusions may not apply.\n1. High Risk Activities. You acknowledge that the Software is not fault tolerant and is not designed, manufactured, or intended for use or resale as on-line control equipment in hazardous or high risk environments and activities requiring fail-safe performance (such as in the operation of nuclear facilities, aircraft navigation or communication systems, air traffic control, direct life support machines and/or devices, or weapons systems) in which the failure of the Software could lead directly to death, personal injury, or severe physical or environmental damage, and You agree not to use or allow the use of the Software or any portion thereof for, or in connection with, any such environment or activity.\n1. Indemnify. You agree that Applitools shall have no liability whatsoever for any use made of the Software by You or any third party. You hereby agree to defend, indemnify and hold harmless Applitools and its affiliates and their respective officers, directors, agents and employees from any and all claims, damages, liabilities, costs, and expenses (including attorney’s fees) arising from claims related to Your use of the Software as well as from Your failure to comply with this Agreement.\n1. Limitation of Liability. UNDER NO CIRCUMSTANCES SHALL APPLITOOLS AND/OR ITS AFFILIATES BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, OR FOR ANY LOSS OF DATA, REVENUE, BUSINESS OR REPUTATION, THAT ARISES UNDER OR IN CONNECTION WITH THIS AGREEMENT, OR THAT RESULTS FROM THE USE OF, OR THE INABILITY TO USE, THE SOFTWARE. APPLITOOLS’S TOTAL AGGREGATE LIABILITY FOR ANY AND ALL DIRECT DAMAGES AND LOSSES THAT ARISE UNDER OR IN CONNECTION WITH THIS AGREEMENT SHALL NOT IN ANY CIRCUMSTANCE EXCEED THE AMOUNT OF 100.00 (ONE HUNDRED) UNITED STATES DOLLARS. THE FOREGOING LIMITATIONS AND EXCLUSIONS IN THIS SECTION ‎7 SHALL APPLY: (I) EVEN IF APPLITOOLS HAS BEEN ADVISED OF THE POSSIBILITY OF ANY DAMAGES OR LOSSES; (II) EVEN IF ANY REMEDY SET FORTH HEREIN FAILS OF ITS ESSENTIAL PURPOSE; AND (III) REGARDLESS OF THE BASIS OR THEORY OF LIABILITY.\n1. Export Laws. Licensee agrees to comply fully with all U.S., EU, Israeli, and all applicable export laws and regulations to ensure that neither the Software nor any technical data related thereto are exported or re-exported directly or indirectly in violation of, or used for any purposes prohibited by, such laws and regulations. For clarity, and without derogating from Section ‎11 below, in case of any change of any applicable law, policy or regulation, which might affect Applitools’ business, Applitools will have the right to terminate this Agreement and the license granted hereunder and the Licensee shall have no claims regarding such termination. \n1. Term and Termination. This Agreement shall continue until terminated as set forth in this section (the “Term”). You may terminate this Agreement at any time by removing the Software from Your system and destroying all copies of the Software and Documentation relating to the Software. Unauthorized copying of the Software or otherwise failing to comply with this Agreement will result in automatic immediate termination of this Agreement and will make available to Applitools legal remedies. Applitools reserves the right to terminate this Agreement and the License at any time and without notice. Upon termination of this Agreement, the License will terminate and You: (i) will cease any and all rights to use the Software, and (ii) will remove the Software from all hard drives, networks and other storage media and destroy all copies of the Software in your possession or under your control. The provisions of Sections ‎2.3, ‎2.4, ‎2.5, ‎6, ‎7, ‎8, ‎9, 10, ‎11 and ‎12 shall survive the termination, expiration or other ending of this Agreement.\n1. Miscellaneous. This Agreement represents the complete agreement concerning the Software between You and Applitools and supersedes all prior agreements and representations between You and Applitools. If any provision of this Agreement is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable. Any waiver of any provision of this Agreement will be effective only if in writing and signed by Applitools. This Agreement is personal to You and may not be assigned or transferred for any reason whatsoever without the consent of Applitools and any action or conduct in violation of the foregoing shall be void and without effect. Applitools expressly reserves the right to assign this Agreement and to delegate any of its obligations hereunder. This Agreement are governed by and construed under the laws of the State of Israel, excluding its conflicts of law rules. You expressly agree that the exclusive jurisdiction for any claim or action arising out of or relating to this Agreement shall be the courts located in Tel Aviv, Israel, and You further agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action. 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BY INSTALLING, ACCESSING AND/OR USING THE SOFTWARE (AS DEFINED BELOW), YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOU, OR THE COMPANY YOU REPRESENT, (“YOU” OR “LICENSEE”) ARE ENTERING INTO A LEGAL AGREEMENT WITH APPLITOOLS LTD. AND ITS AFFILIATES (“APPLITOOLS”), AND HAVE UNDERSTOOD AND AGREE TO COMPLY WITH, AND BE LEGALLY BOUND BY, THE TERMS AND CONDITIONS OF THIS AGREEMENT. YOU HEREBY WAIVE ANY RIGHTS OR REQUIREMENTS UNDER ANY LAWS OR REGULATIONS IN ANY JURISDICTION WHICH REQUIRE AN ORIGINAL (NON-ELECTRONIC) SIGNATURE OR DELIVERY OR RETENTION OF NON-ELECTRONIC RECORDS, TO THE EXTENT PERMITTED UNDER APPLICABLE LAW. \nTHE SOFTWARE MAY BE USED SOLELY FOR YOUR PERSONAL, NON-COMMERCIAL PURPOSES. FOR COMMERCIAL PURPOSES PLEASE CONTACT THE REGIONAL APPLITOOLS BUSINESS REPRESENTATIVE. \n1. Definitions. For purposes of this Agreement, the following capitalized terms shall have the following meaning:\n   1. “Documentation” means the user’s guides and technical manuals delivered by Applitools to Licensee.\n   2.  “Feedback” means suggestions, comments or feedback (whether orally or in writing) with respect to the Software.\n   3. “Intellectual Property Rights” means all intangible legal rights, titles and interests evidenced by or embodied in all: (i) inventions (regardless of patentability and whether or not reduced to practice), improvements thereto, patents, patent applications, patent disclosures, together with all reissuances, continuations, continuations in part, revisions, extensions and reexaminations thereof; (ii) trademarks, service marks, trade dress, logos, trade names, corporate names, together with translations, adaptations, derivations and combinations thereof, including goodwill associated therewith, and applications, registrations, and renewals in connection therewith; (iii) any work of authorship, regardless of copyrightable, copyrightable works, copyrights (including moral rights), and applications, registrations and renewals in connection therewith; (iv) mask works and applications, registrations and renewals in connection therewith; (v) trade secrets and Confidential Information; and (vi) other proprietary rights and any other similar rights, in each case on a worldwide basis, and copies and tangible embodiments thereof, in whatever form or medium.\n   4. “License” means the right to use the Software pursuant to Section ‎2.1 to this Agreement.\n   5.  “Software” means Applitools’ software development kit software in object or source code version, Documentation and any updates and upgrade thereto (to the extent delivered).\n1. License\n   1. Grant of License. Subject to the terms and conditions of this Agreement, Applitools grants You, during the Term, a personal, non-exclusive, non-sublicensable, non-transferable, revocable license to: (i) use the Software solely for Your own personal (non-commercial) use and (ii) use and display Applitools’ Marks solely for the purpose of publicizing or advertising that You are using the Software. \n   2. Documentation. Applitools may make available Documentation to Licensee for Licensee to use solely in connection with Licensee’s use of the Software during the term of this Agreement. Licensee may print or copy the Documentation as needed for its own purposes provided that all copyright notices are included therein. The Documentation shall be considered the Confidential Information of Applitools. \n   1. Reservation of Rights; Use Restrictions. Other than the rights explicitly granted in this Agreement, Licensee shall have no other rights, express or implied, in the Software. Without limiting the generality of the foregoing, Licensee agrees and undertakes not to: (i) allow any third party to use the Software in any manner, including but not limited to, sell, lease, sublicense or distribute the Software, or any part thereof; (ii) modify, revise, or alter the Software or reverse engineer, decompile, disassemble or otherwise reduce to human-perceivable form the Software’s source code; (iii) copy or allow copies of the Software to be made; (iv) remove, alter or obscure any proprietary notice or identification, including copyright, trademark, patent or other notices, contained in or displayed on or via the Software; (v) use the Software to violate any applicable laws, rules or regulations, or for any unlawful, harmful, irresponsible, or inappropriate purpose, or in any manner that breaches this Agreement, and/or (vi) represent that it possesses any proprietary interest in the Software.\n   1. Third Party Software. Licensee acknowledges and agrees that any third party software (“Third Party Software”) that provided with the Software is provided under the terms of the license attached/linked thereto or, if no such license is attached, such Third Party Software is provided for free and on “AS IS” basis. Applitools is not liable for any losses or damages which may occur resulting from the use of any Third Party Software. Applitools does not possess any proprietary interest in such Third Party Software. \n   1. Open Source Licenses. The Software includes certain open source code software and materials (as shall be listed in the documentation of the Software) (“Open Source Software”) that are subject to their respective open source licenses (“Open Source Licenses”). Such Open Source Licenses contain a list of conditions with respect to warranty, copyright policy and other provisions. By executing this Agreement, Licensee undertakes to strictly comply with the terms and condition of the Open Source Licenses, as may be amended from time to time. In order to comply with the Open Source Licenses, Licensee shall read the respective licenses or notices, such list of Open Source Licenses may be amended from time to time by Applitools, at its sole discretion. In the event of any inconsistencies or conflicting provisions between the provisions of the Open Source Licenses and the provisions of this Agreement, the provisions of the Open Source Licenses shall prevail. Without derogating from the generality of the foregoing, it is clarified that any Open Source Software is provided on an “AS IS” basis, without indemnity or warranty of any kind, whether express or implied. For clarity, the representations and warranties set forth in Section ‎4 hereunder shall not apply to any Open Source Software.\n1. Title & Ownership. APPLITOOLS DOES NOT SELL OR TRANSFER TITLE IN THE SOFTWARE, OR ANY PART THEREOF, TO LICENSEE. The Documentation, Software (excluding any Open Source Software and Third Party Software therein which are owned by their respective licensors) and/or any copies thereof, including without limitation any derivative works made (regardless of whether such derivative works were made and/or developed pursuant to the request and/or specifications of Licensee, and irrespective of any support and/or assistance Applitools may, will or had received from Licensee, or any third party on its behalf, with respect thereto), as well as any updates or upgrades thereto, if provided to Applitools pursuant to this Agreement, shall remain Applitools’ sole and exclusive property. All Intellectual Property Rights evidenced by or embodied in and/or attached/connected/related to the Software, or part thereof, are and shall be owned solely and exclusively by Applitools. Nothing in this Agreement shall constitute a waiver of Applitools’ Intellectual Property Rights under any law, or be in any way construed or interpreted as such. It is further agreed that to the extent Licensee provides Applitools with Feedback, Licensee acknowledges that any and all rights, including Intellectual Property Rights in such Feedback shall belong exclusively to Applitools and Licensee hereby irrevocably and unconditionally transfers and assigns to Applitools all intellectual property rights in such Feedback and waives any and all moral rights that Licensee may have in respect thereto. It is further understood that use of Feedback, if any, may be made by Applitools at its sole discretion, and that Applitools in no way shall be obliged to make use of any kind of the Feedback or part thereof. \n1. Warranty. Applitools warrants that to its knowledge it has the right to grant the license under this Agreement. Applitools’ sole liability for any breach of this warranty or any other warranty under this Agreement shall be, at Applitools’ sole discretion: (i) to replace or repair the Software or the applicable portion thereof; or (ii) to terminate this Agreement.\n2. Warranty Exclusions. The warranties set forth in Section ‎4 are contingent upon Licensee’s proper use of the Software, and shall not apply to damage caused by abuse, misuse, alteration, neglect or unauthorized repair or installation, or by the use or attempted use of Software other than that supplied and supported by Applitools. Applitools will use reasonable commercial efforts to repair or replace the Software or the applicable portion thereof, pursuant to the foregoing warranty within thirty (30) days of being so notified.\n1. Warranty Disclaimers. AS BETWEEN LICENSEE AND APPLITOOLS, EXCEPT AS SET IN SECTION ‎4, THE SOFTWARE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND INCLUDING, WITHOUT LIMITATION, REPRESENTATIONS, WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR INTENDED OR PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, THAT THE SOFTWARE WILL MEET LICENSEE’S REQUIREMENTS OR EXPECTATIONS OR WILL ACHIEVE ANY SPECIFIC RESULTS AND THOSE ARISING BY STATUTE OR FROM A COURSE OF DEALING OR USAGE OF TRADE. Applicable law may not allow the exclusion of certain warranties, so to that extent such exclusions may not apply.\n1. High Risk Activities. You acknowledge that the Software is not fault tolerant and is not designed, manufactured, or intended for use or resale as on-line control equipment in hazardous or high risk environments and activities requiring fail-safe performance (such as in the operation of nuclear facilities, aircraft navigation or communication systems, air traffic control, direct life support machines and/or devices, or weapons systems) in which the failure of the Software could lead directly to death, personal injury, or severe physical or environmental damage, and You agree not to use or allow the use of the Software or any portion thereof for, or in connection with, any such environment or activity.\n1. Indemnify. You agree that Applitools shall have no liability whatsoever for any use made of the Software by You or any third party. You hereby agree to defend, indemnify and hold harmless Applitools and its affiliates and their respective officers, directors, agents and employees from any and all claims, damages, liabilities, costs, and expenses (including attorney’s fees) arising from claims related to Your use of the Software as well as from Your failure to comply with this Agreement.\n1. Limitation of Liability. UNDER NO CIRCUMSTANCES SHALL APPLITOOLS AND/OR ITS AFFILIATES BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, OR FOR ANY LOSS OF DATA, REVENUE, BUSINESS OR REPUTATION, THAT ARISES UNDER OR IN CONNECTION WITH THIS AGREEMENT, OR THAT RESULTS FROM THE USE OF, OR THE INABILITY TO USE, THE SOFTWARE. APPLITOOLS’S TOTAL AGGREGATE LIABILITY FOR ANY AND ALL DIRECT DAMAGES AND LOSSES THAT ARISE UNDER OR IN CONNECTION WITH THIS AGREEMENT SHALL NOT IN ANY CIRCUMSTANCE EXCEED THE AMOUNT OF 100.00 (ONE HUNDRED) UNITED STATES DOLLARS. THE FOREGOING LIMITATIONS AND EXCLUSIONS IN THIS SECTION ‎7 SHALL APPLY: (I) EVEN IF APPLITOOLS HAS BEEN ADVISED OF THE POSSIBILITY OF ANY DAMAGES OR LOSSES; (II) EVEN IF ANY REMEDY SET FORTH HEREIN FAILS OF ITS ESSENTIAL PURPOSE; AND (III) REGARDLESS OF THE BASIS OR THEORY OF LIABILITY.\n1. Export Laws. Licensee agrees to comply fully with all U.S., EU, Israeli, and all applicable export laws and regulations to ensure that neither the Software nor any technical data related thereto are exported or re-exported directly or indirectly in violation of, or used for any purposes prohibited by, such laws and regulations. For clarity, and without derogating from Section ‎11 below, in case of any change of any applicable law, policy or regulation, which might affect Applitools’ business, Applitools will have the right to terminate this Agreement and the license granted hereunder and the Licensee shall have no claims regarding such termination. \n1. Term and Termination. This Agreement shall continue until terminated as set forth in this section (the “Term”). You may terminate this Agreement at any time by removing the Software from Your system and destroying all copies of the Software and Documentation relating to the Software. Unauthorized copying of the Software or otherwise failing to comply with this Agreement will result in automatic immediate termination of this Agreement and will make available to Applitools legal remedies. Applitools reserves the right to terminate this Agreement and the License at any time and without notice. Upon termination of this Agreement, the License will terminate and You: (i) will cease any and all rights to use the Software, and (ii) will remove the Software from all hard drives, networks and other storage media and destroy all copies of the Software in your possession or under your control. The provisions of Sections ‎2.3, ‎2.4, ‎2.5, ‎6, ‎7, ‎8, ‎9, 10, ‎11 and ‎12 shall survive the termination, expiration or other ending of this Agreement.\n1. Miscellaneous. This Agreement represents the complete agreement concerning the Software between You and Applitools and supersedes all prior agreements and representations between You and Applitools. If any provision of this Agreement is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable. Any waiver of any provision of this Agreement will be effective only if in writing and signed by Applitools. This Agreement is personal to You and may not be assigned or transferred for any reason whatsoever without the consent of Applitools and any action or conduct in violation of the foregoing shall be void and without effect. Applitools expressly reserves the right to assign this Agreement and to delegate any of its obligations hereunder. This Agreement are governed by and construed under the laws of the State of Israel, excluding its conflicts of law rules. You expressly agree that the exclusive jurisdiction for any claim or action arising out of or relating to this Agreement shall be the courts located in Tel Aviv, Israel, and You further agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action. 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BY INSTALLING, ACCESSING AND/OR USING THE SOFTWARE (AS DEFINED BELOW), YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOU, OR THE COMPANY YOU REPRESENT, (“YOU” OR “LICENSEE”) ARE ENTERING INTO A LEGAL AGREEMENT WITH APPLITOOLS LTD. AND ITS AFFILIATES (“APPLITOOLS”), AND HAVE UNDERSTOOD AND AGREE TO COMPLY WITH, AND BE LEGALLY BOUND BY, THE TERMS AND CONDITIONS OF THIS AGREEMENT. YOU HEREBY WAIVE ANY RIGHTS OR REQUIREMENTS UNDER ANY LAWS OR REGULATIONS IN ANY JURISDICTION WHICH REQUIRE AN ORIGINAL (NON-ELECTRONIC) SIGNATURE OR DELIVERY OR RETENTION OF NON-ELECTRONIC RECORDS, TO THE EXTENT PERMITTED UNDER APPLICABLE LAW. \nTHE SOFTWARE MAY BE USED SOLELY FOR YOUR PERSONAL, NON-COMMERCIAL PURPOSES. FOR COMMERCIAL PURPOSES PLEASE CONTACT THE REGIONAL APPLITOOLS BUSINESS REPRESENTATIVE. \n1. Definitions. For purposes of this Agreement, the following capitalized terms shall have the following meaning:\n   1. “Documentation” means the user’s guides and technical manuals delivered by Applitools to Licensee.\n   2.  “Feedback” means suggestions, comments or feedback (whether orally or in writing) with respect to the Software.\n   3. “Intellectual Property Rights” means all intangible legal rights, titles and interests evidenced by or embodied in all: (i) inventions (regardless of patentability and whether or not reduced to practice), improvements thereto, patents, patent applications, patent disclosures, together with all reissuances, continuations, continuations in part, revisions, extensions and reexaminations thereof; (ii) trademarks, service marks, trade dress, logos, trade names, corporate names, together with translations, adaptations, derivations and combinations thereof, including goodwill associated therewith, and applications, registrations, and renewals in connection therewith; (iii) any work of authorship, regardless of copyrightable, copyrightable works, copyrights (including moral rights), and applications, registrations and renewals in connection therewith; (iv) mask works and applications, registrations and renewals in connection therewith; (v) trade secrets and Confidential Information; and (vi) other proprietary rights and any other similar rights, in each case on a worldwide basis, and copies and tangible embodiments thereof, in whatever form or medium.\n   4. “License” means the right to use the Software pursuant to Section ‎2.1 to this Agreement.\n   5.  “Software” means Applitools’ software development kit software in object or source code version, Documentation and any updates and upgrade thereto (to the extent delivered).\n1. License\n   1. Grant of License. Subject to the terms and conditions of this Agreement, Applitools grants You, during the Term, a personal, non-exclusive, non-sublicensable, non-transferable, revocable license to: (i) use the Software solely for Your own personal (non-commercial) use and (ii) use and display Applitools’ Marks solely for the purpose of publicizing or advertising that You are using the Software. \n   2. Documentation. Applitools may make available Documentation to Licensee for Licensee to use solely in connection with Licensee’s use of the Software during the term of this Agreement. Licensee may print or copy the Documentation as needed for its own purposes provided that all copyright notices are included therein. The Documentation shall be considered the Confidential Information of Applitools. \n   1. Reservation of Rights; Use Restrictions. Other than the rights explicitly granted in this Agreement, Licensee shall have no other rights, express or implied, in the Software. Without limiting the generality of the foregoing, Licensee agrees and undertakes not to: (i) allow any third party to use the Software in any manner, including but not limited to, sell, lease, sublicense or distribute the Software, or any part thereof; (ii) modify, revise, or alter the Software or reverse engineer, decompile, disassemble or otherwise reduce to human-perceivable form the Software’s source code; (iii) copy or allow copies of the Software to be made; (iv) remove, alter or obscure any proprietary notice or identification, including copyright, trademark, patent or other notices, contained in or displayed on or via the Software; (v) use the Software to violate any applicable laws, rules or regulations, or for any unlawful, harmful, irresponsible, or inappropriate purpose, or in any manner that breaches this Agreement, and/or (vi) represent that it possesses any proprietary interest in the Software.\n   1. Third Party Software. Licensee acknowledges and agrees that any third party software (“Third Party Software”) that provided with the Software is provided under the terms of the license attached/linked thereto or, if no such license is attached, such Third Party Software is provided for free and on “AS IS” basis. Applitools is not liable for any losses or damages which may occur resulting from the use of any Third Party Software. Applitools does not possess any proprietary interest in such Third Party Software. \n   1. Open Source Licenses. The Software includes certain open source code software and materials (as shall be listed in the documentation of the Software) (“Open Source Software”) that are subject to their respective open source licenses (“Open Source Licenses”). Such Open Source Licenses contain a list of conditions with respect to warranty, copyright policy and other provisions. By executing this Agreement, Licensee undertakes to strictly comply with the terms and condition of the Open Source Licenses, as may be amended from time to time. In order to comply with the Open Source Licenses, Licensee shall read the respective licenses or notices, such list of Open Source Licenses may be amended from time to time by Applitools, at its sole discretion. In the event of any inconsistencies or conflicting provisions between the provisions of the Open Source Licenses and the provisions of this Agreement, the provisions of the Open Source Licenses shall prevail. Without derogating from the generality of the foregoing, it is clarified that any Open Source Software is provided on an “AS IS” basis, without indemnity or warranty of any kind, whether express or implied. For clarity, the representations and warranties set forth in Section ‎4 hereunder shall not apply to any Open Source Software.\n1. Title & Ownership. APPLITOOLS DOES NOT SELL OR TRANSFER TITLE IN THE SOFTWARE, OR ANY PART THEREOF, TO LICENSEE. The Documentation, Software (excluding any Open Source Software and Third Party Software therein which are owned by their respective licensors) and/or any copies thereof, including without limitation any derivative works made (regardless of whether such derivative works were made and/or developed pursuant to the request and/or specifications of Licensee, and irrespective of any support and/or assistance Applitools may, will or had received from Licensee, or any third party on its behalf, with respect thereto), as well as any updates or upgrades thereto, if provided to Applitools pursuant to this Agreement, shall remain Applitools’ sole and exclusive property. All Intellectual Property Rights evidenced by or embodied in and/or attached/connected/related to the Software, or part thereof, are and shall be owned solely and exclusively by Applitools. Nothing in this Agreement shall constitute a waiver of Applitools’ Intellectual Property Rights under any law, or be in any way construed or interpreted as such. It is further agreed that to the extent Licensee provides Applitools with Feedback, Licensee acknowledges that any and all rights, including Intellectual Property Rights in such Feedback shall belong exclusively to Applitools and Licensee hereby irrevocably and unconditionally transfers and assigns to Applitools all intellectual property rights in such Feedback and waives any and all moral rights that Licensee may have in respect thereto. It is further understood that use of Feedback, if any, may be made by Applitools at its sole discretion, and that Applitools in no way shall be obliged to make use of any kind of the Feedback or part thereof. \n1. Warranty. Applitools warrants that to its knowledge it has the right to grant the license under this Agreement. Applitools’ sole liability for any breach of this warranty or any other warranty under this Agreement shall be, at Applitools’ sole discretion: (i) to replace or repair the Software or the applicable portion thereof; or (ii) to terminate this Agreement.\n2. Warranty Exclusions. The warranties set forth in Section ‎4 are contingent upon Licensee’s proper use of the Software, and shall not apply to damage caused by abuse, misuse, alteration, neglect or unauthorized repair or installation, or by the use or attempted use of Software other than that supplied and supported by Applitools. Applitools will use reasonable commercial efforts to repair or replace the Software or the applicable portion thereof, pursuant to the foregoing warranty within thirty (30) days of being so notified.\n1. Warranty Disclaimers. AS BETWEEN LICENSEE AND APPLITOOLS, EXCEPT AS SET IN SECTION ‎4, THE SOFTWARE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND INCLUDING, WITHOUT LIMITATION, REPRESENTATIONS, WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR INTENDED OR PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, THAT THE SOFTWARE WILL MEET LICENSEE’S REQUIREMENTS OR EXPECTATIONS OR WILL ACHIEVE ANY SPECIFIC RESULTS AND THOSE ARISING BY STATUTE OR FROM A COURSE OF DEALING OR USAGE OF TRADE. Applicable law may not allow the exclusion of certain warranties, so to that extent such exclusions may not apply.\n1. High Risk Activities. You acknowledge that the Software is not fault tolerant and is not designed, manufactured, or intended for use or resale as on-line control equipment in hazardous or high risk environments and activities requiring fail-safe performance (such as in the operation of nuclear facilities, aircraft navigation or communication systems, air traffic control, direct life support machines and/or devices, or weapons systems) in which the failure of the Software could lead directly to death, personal injury, or severe physical or environmental damage, and You agree not to use or allow the use of the Software or any portion thereof for, or in connection with, any such environment or activity.\n1. Indemnify. You agree that Applitools shall have no liability whatsoever for any use made of the Software by You or any third party. You hereby agree to defend, indemnify and hold harmless Applitools and its affiliates and their respective officers, directors, agents and employees from any and all claims, damages, liabilities, costs, and expenses (including attorney’s fees) arising from claims related to Your use of the Software as well as from Your failure to comply with this Agreement.\n1. Limitation of Liability. UNDER NO CIRCUMSTANCES SHALL APPLITOOLS AND/OR ITS AFFILIATES BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, OR FOR ANY LOSS OF DATA, REVENUE, BUSINESS OR REPUTATION, THAT ARISES UNDER OR IN CONNECTION WITH THIS AGREEMENT, OR THAT RESULTS FROM THE USE OF, OR THE INABILITY TO USE, THE SOFTWARE. APPLITOOLS’S TOTAL AGGREGATE LIABILITY FOR ANY AND ALL DIRECT DAMAGES AND LOSSES THAT ARISE UNDER OR IN CONNECTION WITH THIS AGREEMENT SHALL NOT IN ANY CIRCUMSTANCE EXCEED THE AMOUNT OF 100.00 (ONE HUNDRED) UNITED STATES DOLLARS. THE FOREGOING LIMITATIONS AND EXCLUSIONS IN THIS SECTION ‎7 SHALL APPLY: (I) EVEN IF APPLITOOLS HAS BEEN ADVISED OF THE POSSIBILITY OF ANY DAMAGES OR LOSSES; (II) EVEN IF ANY REMEDY SET FORTH HEREIN FAILS OF ITS ESSENTIAL PURPOSE; AND (III) REGARDLESS OF THE BASIS OR THEORY OF LIABILITY.\n1. Export Laws. Licensee agrees to comply fully with all U.S., EU, Israeli, and all applicable export laws and regulations to ensure that neither the Software nor any technical data related thereto are exported or re-exported directly or indirectly in violation of, or used for any purposes prohibited by, such laws and regulations. For clarity, and without derogating from Section ‎11 below, in case of any change of any applicable law, policy or regulation, which might affect Applitools’ business, Applitools will have the right to terminate this Agreement and the license granted hereunder and the Licensee shall have no claims regarding such termination. \n1. Term and Termination. This Agreement shall continue until terminated as set forth in this section (the “Term”). You may terminate this Agreement at any time by removing the Software from Your system and destroying all copies of the Software and Documentation relating to the Software. Unauthorized copying of the Software or otherwise failing to comply with this Agreement will result in automatic immediate termination of this Agreement and will make available to Applitools legal remedies. Applitools reserves the right to terminate this Agreement and the License at any time and without notice. Upon termination of this Agreement, the License will terminate and You: (i) will cease any and all rights to use the Software, and (ii) will remove the Software from all hard drives, networks and other storage media and destroy all copies of the Software in your possession or under your control. The provisions of Sections ‎2.3, ‎2.4, ‎2.5, ‎6, ‎7, ‎8, ‎9, 10, ‎11 and ‎12 shall survive the termination, expiration or other ending of this Agreement.\n1. Miscellaneous. This Agreement represents the complete agreement concerning the Software between You and Applitools and supersedes all prior agreements and representations between You and Applitools. If any provision of this Agreement is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable. Any waiver of any provision of this Agreement will be effective only if in writing and signed by Applitools. This Agreement is personal to You and may not be assigned or transferred for any reason whatsoever without the consent of Applitools and any action or conduct in violation of the foregoing shall be void and without effect. Applitools expressly reserves the right to assign this Agreement and to delegate any of its obligations hereunder. This Agreement are governed by and construed under the laws of the State of Israel, excluding its conflicts of law rules. You expressly agree that the exclusive jurisdiction for any claim or action arising out of or relating to this Agreement shall be the courts located in Tel Aviv, Israel, and You further agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action. 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BY INSTALLING, ACCESSING AND/OR USING THE SOFTWARE (AS DEFINED BELOW), YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOU, OR THE COMPANY YOU REPRESENT, (“YOU” OR “LICENSEE”) ARE ENTERING INTO A LEGAL AGREEMENT WITH APPLITOOLS LTD. AND ITS AFFILIATES (“APPLITOOLS”), AND HAVE UNDERSTOOD AND AGREE TO COMPLY WITH, AND BE LEGALLY BOUND BY, THE TERMS AND CONDITIONS OF THIS AGREEMENT. YOU HEREBY WAIVE ANY RIGHTS OR REQUIREMENTS UNDER ANY LAWS OR REGULATIONS IN ANY JURISDICTION WHICH REQUIRE AN ORIGINAL (NON-ELECTRONIC) SIGNATURE OR DELIVERY OR RETENTION OF NON-ELECTRONIC RECORDS, TO THE EXTENT PERMITTED UNDER APPLICABLE LAW. \nTHE SOFTWARE MAY BE USED SOLELY FOR YOUR PERSONAL, NON-COMMERCIAL PURPOSES. FOR COMMERCIAL PURPOSES PLEASE CONTACT THE REGIONAL APPLITOOLS BUSINESS REPRESENTATIVE. \n1. Definitions. For purposes of this Agreement, the following capitalized terms shall have the following meaning:\n   1. “Documentation” means the user’s guides and technical manuals delivered by Applitools to Licensee.\n   2.  “Feedback” means suggestions, comments or feedback (whether orally or in writing) with respect to the Software.\n   3. “Intellectual Property Rights” means all intangible legal rights, titles and interests evidenced by or embodied in all: (i) inventions (regardless of patentability and whether or not reduced to practice), improvements thereto, patents, patent applications, patent disclosures, together with all reissuances, continuations, continuations in part, revisions, extensions and reexaminations thereof; (ii) trademarks, service marks, trade dress, logos, trade names, corporate names, together with translations, adaptations, derivations and combinations thereof, including goodwill associated therewith, and applications, registrations, and renewals in connection therewith; (iii) any work of authorship, regardless of copyrightable, copyrightable works, copyrights (including moral rights), and applications, registrations and renewals in connection therewith; (iv) mask works and applications, registrations and renewals in connection therewith; (v) trade secrets and Confidential Information; and (vi) other proprietary rights and any other similar rights, in each case on a worldwide basis, and copies and tangible embodiments thereof, in whatever form or medium.\n   4. “License” means the right to use the Software pursuant to Section ‎2.1 to this Agreement.\n   5.  “Software” means Applitools’ software development kit software in object or source code version, Documentation and any updates and upgrade thereto (to the extent delivered).\n1. License\n   1. Grant of License. Subject to the terms and conditions of this Agreement, Applitools grants You, during the Term, a personal, non-exclusive, non-sublicensable, non-transferable, revocable license to: (i) use the Software solely for Your own personal (non-commercial) use and (ii) use and display Applitools’ Marks solely for the purpose of publicizing or advertising that You are using the Software. \n   2. Documentation. Applitools may make available Documentation to Licensee for Licensee to use solely in connection with Licensee’s use of the Software during the term of this Agreement. Licensee may print or copy the Documentation as needed for its own purposes provided that all copyright notices are included therein. The Documentation shall be considered the Confidential Information of Applitools. \n   1. Reservation of Rights; Use Restrictions. Other than the rights explicitly granted in this Agreement, Licensee shall have no other rights, express or implied, in the Software. Without limiting the generality of the foregoing, Licensee agrees and undertakes not to: (i) allow any third party to use the Software in any manner, including but not limited to, sell, lease, sublicense or distribute the Software, or any part thereof; (ii) modify, revise, or alter the Software or reverse engineer, decompile, disassemble or otherwise reduce to human-perceivable form the Software’s source code; (iii) copy or allow copies of the Software to be made; (iv) remove, alter or obscure any proprietary notice or identification, including copyright, trademark, patent or other notices, contained in or displayed on or via the Software; (v) use the Software to violate any applicable laws, rules or regulations, or for any unlawful, harmful, irresponsible, or inappropriate purpose, or in any manner that breaches this Agreement, and/or (vi) represent that it possesses any proprietary interest in the Software.\n   1. Third Party Software. Licensee acknowledges and agrees that any third party software (“Third Party Software”) that provided with the Software is provided under the terms of the license attached/linked thereto or, if no such license is attached, such Third Party Software is provided for free and on “AS IS” basis. Applitools is not liable for any losses or damages which may occur resulting from the use of any Third Party Software. Applitools does not possess any proprietary interest in such Third Party Software. \n   1. Open Source Licenses. The Software includes certain open source code software and materials (as shall be listed in the documentation of the Software) (“Open Source Software”) that are subject to their respective open source licenses (“Open Source Licenses”). Such Open Source Licenses contain a list of conditions with respect to warranty, copyright policy and other provisions. By executing this Agreement, Licensee undertakes to strictly comply with the terms and condition of the Open Source Licenses, as may be amended from time to time. In order to comply with the Open Source Licenses, Licensee shall read the respective licenses or notices, such list of Open Source Licenses may be amended from time to time by Applitools, at its sole discretion. In the event of any inconsistencies or conflicting provisions between the provisions of the Open Source Licenses and the provisions of this Agreement, the provisions of the Open Source Licenses shall prevail. Without derogating from the generality of the foregoing, it is clarified that any Open Source Software is provided on an “AS IS” basis, without indemnity or warranty of any kind, whether express or implied. For clarity, the representations and warranties set forth in Section ‎4 hereunder shall not apply to any Open Source Software.\n1. Title & Ownership. APPLITOOLS DOES NOT SELL OR TRANSFER TITLE IN THE SOFTWARE, OR ANY PART THEREOF, TO LICENSEE. The Documentation, Software (excluding any Open Source Software and Third Party Software therein which are owned by their respective licensors) and/or any copies thereof, including without limitation any derivative works made (regardless of whether such derivative works were made and/or developed pursuant to the request and/or specifications of Licensee, and irrespective of any support and/or assistance Applitools may, will or had received from Licensee, or any third party on its behalf, with respect thereto), as well as any updates or upgrades thereto, if provided to Applitools pursuant to this Agreement, shall remain Applitools’ sole and exclusive property. All Intellectual Property Rights evidenced by or embodied in and/or attached/connected/related to the Software, or part thereof, are and shall be owned solely and exclusively by Applitools. Nothing in this Agreement shall constitute a waiver of Applitools’ Intellectual Property Rights under any law, or be in any way construed or interpreted as such. It is further agreed that to the extent Licensee provides Applitools with Feedback, Licensee acknowledges that any and all rights, including Intellectual Property Rights in such Feedback shall belong exclusively to Applitools and Licensee hereby irrevocably and unconditionally transfers and assigns to Applitools all intellectual property rights in such Feedback and waives any and all moral rights that Licensee may have in respect thereto. It is further understood that use of Feedback, if any, may be made by Applitools at its sole discretion, and that Applitools in no way shall be obliged to make use of any kind of the Feedback or part thereof. \n1. Warranty. Applitools warrants that to its knowledge it has the right to grant the license under this Agreement. Applitools’ sole liability for any breach of this warranty or any other warranty under this Agreement shall be, at Applitools’ sole discretion: (i) to replace or repair the Software or the applicable portion thereof; or (ii) to terminate this Agreement.\n2. Warranty Exclusions. The warranties set forth in Section ‎4 are contingent upon Licensee’s proper use of the Software, and shall not apply to damage caused by abuse, misuse, alteration, neglect or unauthorized repair or installation, or by the use or attempted use of Software other than that supplied and supported by Applitools. Applitools will use reasonable commercial efforts to repair or replace the Software or the applicable portion thereof, pursuant to the foregoing warranty within thirty (30) days of being so notified.\n1. Warranty Disclaimers. AS BETWEEN LICENSEE AND APPLITOOLS, EXCEPT AS SET IN SECTION ‎4, THE SOFTWARE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND INCLUDING, WITHOUT LIMITATION, REPRESENTATIONS, WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR INTENDED OR PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, THAT THE SOFTWARE WILL MEET LICENSEE’S REQUIREMENTS OR EXPECTATIONS OR WILL ACHIEVE ANY SPECIFIC RESULTS AND THOSE ARISING BY STATUTE OR FROM A COURSE OF DEALING OR USAGE OF TRADE. Applicable law may not allow the exclusion of certain warranties, so to that extent such exclusions may not apply.\n1. High Risk Activities. You acknowledge that the Software is not fault tolerant and is not designed, manufactured, or intended for use or resale as on-line control equipment in hazardous or high risk environments and activities requiring fail-safe performance (such as in the operation of nuclear facilities, aircraft navigation or communication systems, air traffic control, direct life support machines and/or devices, or weapons systems) in which the failure of the Software could lead directly to death, personal injury, or severe physical or environmental damage, and You agree not to use or allow the use of the Software or any portion thereof for, or in connection with, any such environment or activity.\n1. Indemnify. You agree that Applitools shall have no liability whatsoever for any use made of the Software by You or any third party. You hereby agree to defend, indemnify and hold harmless Applitools and its affiliates and their respective officers, directors, agents and employees from any and all claims, damages, liabilities, costs, and expenses (including attorney’s fees) arising from claims related to Your use of the Software as well as from Your failure to comply with this Agreement.\n1. Limitation of Liability. UNDER NO CIRCUMSTANCES SHALL APPLITOOLS AND/OR ITS AFFILIATES BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, OR FOR ANY LOSS OF DATA, REVENUE, BUSINESS OR REPUTATION, THAT ARISES UNDER OR IN CONNECTION WITH THIS AGREEMENT, OR THAT RESULTS FROM THE USE OF, OR THE INABILITY TO USE, THE SOFTWARE. APPLITOOLS’S TOTAL AGGREGATE LIABILITY FOR ANY AND ALL DIRECT DAMAGES AND LOSSES THAT ARISE UNDER OR IN CONNECTION WITH THIS AGREEMENT SHALL NOT IN ANY CIRCUMSTANCE EXCEED THE AMOUNT OF 100.00 (ONE HUNDRED) UNITED STATES DOLLARS. THE FOREGOING LIMITATIONS AND EXCLUSIONS IN THIS SECTION ‎7 SHALL APPLY: (I) EVEN IF APPLITOOLS HAS BEEN ADVISED OF THE POSSIBILITY OF ANY DAMAGES OR LOSSES; (II) EVEN IF ANY REMEDY SET FORTH HEREIN FAILS OF ITS ESSENTIAL PURPOSE; AND (III) REGARDLESS OF THE BASIS OR THEORY OF LIABILITY.\n1. Export Laws. Licensee agrees to comply fully with all U.S., EU, Israeli, and all applicable export laws and regulations to ensure that neither the Software nor any technical data related thereto are exported or re-exported directly or indirectly in violation of, or used for any purposes prohibited by, such laws and regulations. For clarity, and without derogating from Section ‎11 below, in case of any change of any applicable law, policy or regulation, which might affect Applitools’ business, Applitools will have the right to terminate this Agreement and the license granted hereunder and the Licensee shall have no claims regarding such termination. \n1. Term and Termination. This Agreement shall continue until terminated as set forth in this section (the “Term”). You may terminate this Agreement at any time by removing the Software from Your system and destroying all copies of the Software and Documentation relating to the Software. Unauthorized copying of the Software or otherwise failing to comply with this Agreement will result in automatic immediate termination of this Agreement and will make available to Applitools legal remedies. Applitools reserves the right to terminate this Agreement and the License at any time and without notice. Upon termination of this Agreement, the License will terminate and You: (i) will cease any and all rights to use the Software, and (ii) will remove the Software from all hard drives, networks and other storage media and destroy all copies of the Software in your possession or under your control. The provisions of Sections ‎2.3, ‎2.4, ‎2.5, ‎6, ‎7, ‎8, ‎9, 10, ‎11 and ‎12 shall survive the termination, expiration or other ending of this Agreement.\n1. Miscellaneous. This Agreement represents the complete agreement concerning the Software between You and Applitools and supersedes all prior agreements and representations between You and Applitools. If any provision of this Agreement is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable. Any waiver of any provision of this Agreement will be effective only if in writing and signed by Applitools. This Agreement is personal to You and may not be assigned or transferred for any reason whatsoever without the consent of Applitools and any action or conduct in violation of the foregoing shall be void and without effect. Applitools expressly reserves the right to assign this Agreement and to delegate any of its obligations hereunder. This Agreement are governed by and construed under the laws of the State of Israel, excluding its conflicts of law rules. You expressly agree that the exclusive jurisdiction for any claim or action arising out of or relating to this Agreement shall be the courts located in Tel Aviv, Israel, and You further agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action. 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BY INSTALLING, ACCESSING AND/OR USING THE SOFTWARE (AS DEFINED BELOW), YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOU, OR THE COMPANY YOU REPRESENT, (“YOU” OR “LICENSEE”) ARE ENTERING INTO A LEGAL AGREEMENT WITH APPLITOOLS LTD. AND ITS AFFILIATES (“APPLITOOLS”), AND HAVE UNDERSTOOD AND AGREE TO COMPLY WITH, AND BE LEGALLY BOUND BY, THE TERMS AND CONDITIONS OF THIS AGREEMENT. YOU HEREBY WAIVE ANY RIGHTS OR REQUIREMENTS UNDER ANY LAWS OR REGULATIONS IN ANY JURISDICTION WHICH REQUIRE AN ORIGINAL (NON-ELECTRONIC) SIGNATURE OR DELIVERY OR RETENTION OF NON-ELECTRONIC RECORDS, TO THE EXTENT PERMITTED UNDER APPLICABLE LAW. \nTHE SOFTWARE MAY BE USED SOLELY FOR YOUR PERSONAL, NON-COMMERCIAL PURPOSES. FOR COMMERCIAL PURPOSES PLEASE CONTACT THE REGIONAL APPLITOOLS BUSINESS REPRESENTATIVE. \n1. Definitions. For purposes of this Agreement, the following capitalized terms shall have the following meaning:\n   1. “Documentation” means the user’s guides and technical manuals delivered by Applitools to Licensee.\n   2.  “Feedback” means suggestions, comments or feedback (whether orally or in writing) with respect to the Software.\n   3. “Intellectual Property Rights” means all intangible legal rights, titles and interests evidenced by or embodied in all: (i) inventions (regardless of patentability and whether or not reduced to practice), improvements thereto, patents, patent applications, patent disclosures, together with all reissuances, continuations, continuations in part, revisions, extensions and reexaminations thereof; (ii) trademarks, service marks, trade dress, logos, trade names, corporate names, together with translations, adaptations, derivations and combinations thereof, including goodwill associated therewith, and applications, registrations, and renewals in connection therewith; (iii) any work of authorship, regardless of copyrightable, copyrightable works, copyrights (including moral rights), and applications, registrations and renewals in connection therewith; (iv) mask works and applications, registrations and renewals in connection therewith; (v) trade secrets and Confidential Information; and (vi) other proprietary rights and any other similar rights, in each case on a worldwide basis, and copies and tangible embodiments thereof, in whatever form or medium.\n   4. “License” means the right to use the Software pursuant to Section ‎2.1 to this Agreement.\n   5.  “Software” means Applitools’ software development kit software in object or source code version, Documentation and any updates and upgrade thereto (to the extent delivered).\n1. License\n   1. Grant of License. Subject to the terms and conditions of this Agreement, Applitools grants You, during the Term, a personal, non-exclusive, non-sublicensable, non-transferable, revocable license to: (i) use the Software solely for Your own personal (non-commercial) use and (ii) use and display Applitools’ Marks solely for the purpose of publicizing or advertising that You are using the Software. \n   2. Documentation. Applitools may make available Documentation to Licensee for Licensee to use solely in connection with Licensee’s use of the Software during the term of this Agreement. Licensee may print or copy the Documentation as needed for its own purposes provided that all copyright notices are included therein. The Documentation shall be considered the Confidential Information of Applitools. \n   1. Reservation of Rights; Use Restrictions. Other than the rights explicitly granted in this Agreement, Licensee shall have no other rights, express or implied, in the Software. Without limiting the generality of the foregoing, Licensee agrees and undertakes not to: (i) allow any third party to use the Software in any manner, including but not limited to, sell, lease, sublicense or distribute the Software, or any part thereof; (ii) modify, revise, or alter the Software or reverse engineer, decompile, disassemble or otherwise reduce to human-perceivable form the Software’s source code; (iii) copy or allow copies of the Software to be made; (iv) remove, alter or obscure any proprietary notice or identification, including copyright, trademark, patent or other notices, contained in or displayed on or via the Software; (v) use the Software to violate any applicable laws, rules or regulations, or for any unlawful, harmful, irresponsible, or inappropriate purpose, or in any manner that breaches this Agreement, and/or (vi) represent that it possesses any proprietary interest in the Software.\n   1. Third Party Software. Licensee acknowledges and agrees that any third party software (“Third Party Software”) that provided with the Software is provided under the terms of the license attached/linked thereto or, if no such license is attached, such Third Party Software is provided for free and on “AS IS” basis. Applitools is not liable for any losses or damages which may occur resulting from the use of any Third Party Software. Applitools does not possess any proprietary interest in such Third Party Software. \n   1. Open Source Licenses. The Software includes certain open source code software and materials (as shall be listed in the documentation of the Software) (“Open Source Software”) that are subject to their respective open source licenses (“Open Source Licenses”). Such Open Source Licenses contain a list of conditions with respect to warranty, copyright policy and other provisions. By executing this Agreement, Licensee undertakes to strictly comply with the terms and condition of the Open Source Licenses, as may be amended from time to time. In order to comply with the Open Source Licenses, Licensee shall read the respective licenses or notices, such list of Open Source Licenses may be amended from time to time by Applitools, at its sole discretion. In the event of any inconsistencies or conflicting provisions between the provisions of the Open Source Licenses and the provisions of this Agreement, the provisions of the Open Source Licenses shall prevail. Without derogating from the generality of the foregoing, it is clarified that any Open Source Software is provided on an “AS IS” basis, without indemnity or warranty of any kind, whether express or implied. For clarity, the representations and warranties set forth in Section ‎4 hereunder shall not apply to any Open Source Software.\n1. Title & Ownership. APPLITOOLS DOES NOT SELL OR TRANSFER TITLE IN THE SOFTWARE, OR ANY PART THEREOF, TO LICENSEE. The Documentation, Software (excluding any Open Source Software and Third Party Software therein which are owned by their respective licensors) and/or any copies thereof, including without limitation any derivative works made (regardless of whether such derivative works were made and/or developed pursuant to the request and/or specifications of Licensee, and irrespective of any support and/or assistance Applitools may, will or had received from Licensee, or any third party on its behalf, with respect thereto), as well as any updates or upgrades thereto, if provided to Applitools pursuant to this Agreement, shall remain Applitools’ sole and exclusive property. All Intellectual Property Rights evidenced by or embodied in and/or attached/connected/related to the Software, or part thereof, are and shall be owned solely and exclusively by Applitools. Nothing in this Agreement shall constitute a waiver of Applitools’ Intellectual Property Rights under any law, or be in any way construed or interpreted as such. It is further agreed that to the extent Licensee provides Applitools with Feedback, Licensee acknowledges that any and all rights, including Intellectual Property Rights in such Feedback shall belong exclusively to Applitools and Licensee hereby irrevocably and unconditionally transfers and assigns to Applitools all intellectual property rights in such Feedback and waives any and all moral rights that Licensee may have in respect thereto. It is further understood that use of Feedback, if any, may be made by Applitools at its sole discretion, and that Applitools in no way shall be obliged to make use of any kind of the Feedback or part thereof. \n1. Warranty. Applitools warrants that to its knowledge it has the right to grant the license under this Agreement. Applitools’ sole liability for any breach of this warranty or any other warranty under this Agreement shall be, at Applitools’ sole discretion: (i) to replace or repair the Software or the applicable portion thereof; or (ii) to terminate this Agreement.\n2. Warranty Exclusions. The warranties set forth in Section ‎4 are contingent upon Licensee’s proper use of the Software, and shall not apply to damage caused by abuse, misuse, alteration, neglect or unauthorized repair or installation, or by the use or attempted use of Software other than that supplied and supported by Applitools. Applitools will use reasonable commercial efforts to repair or replace the Software or the applicable portion thereof, pursuant to the foregoing warranty within thirty (30) days of being so notified.\n1. Warranty Disclaimers. AS BETWEEN LICENSEE AND APPLITOOLS, EXCEPT AS SET IN SECTION ‎4, THE SOFTWARE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND INCLUDING, WITHOUT LIMITATION, REPRESENTATIONS, WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR INTENDED OR PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, THAT THE SOFTWARE WILL MEET LICENSEE’S REQUIREMENTS OR EXPECTATIONS OR WILL ACHIEVE ANY SPECIFIC RESULTS AND THOSE ARISING BY STATUTE OR FROM A COURSE OF DEALING OR USAGE OF TRADE. Applicable law may not allow the exclusion of certain warranties, so to that extent such exclusions may not apply.\n1. High Risk Activities. You acknowledge that the Software is not fault tolerant and is not designed, manufactured, or intended for use or resale as on-line control equipment in hazardous or high risk environments and activities requiring fail-safe performance (such as in the operation of nuclear facilities, aircraft navigation or communication systems, air traffic control, direct life support machines and/or devices, or weapons systems) in which the failure of the Software could lead directly to death, personal injury, or severe physical or environmental damage, and You agree not to use or allow the use of the Software or any portion thereof for, or in connection with, any such environment or activity.\n1. Indemnify. You agree that Applitools shall have no liability whatsoever for any use made of the Software by You or any third party. You hereby agree to defend, indemnify and hold harmless Applitools and its affiliates and their respective officers, directors, agents and employees from any and all claims, damages, liabilities, costs, and expenses (including attorney’s fees) arising from claims related to Your use of the Software as well as from Your failure to comply with this Agreement.\n1. Limitation of Liability. UNDER NO CIRCUMSTANCES SHALL APPLITOOLS AND/OR ITS AFFILIATES BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, OR FOR ANY LOSS OF DATA, REVENUE, BUSINESS OR REPUTATION, THAT ARISES UNDER OR IN CONNECTION WITH THIS AGREEMENT, OR THAT RESULTS FROM THE USE OF, OR THE INABILITY TO USE, THE SOFTWARE. APPLITOOLS’S TOTAL AGGREGATE LIABILITY FOR ANY AND ALL DIRECT DAMAGES AND LOSSES THAT ARISE UNDER OR IN CONNECTION WITH THIS AGREEMENT SHALL NOT IN ANY CIRCUMSTANCE EXCEED THE AMOUNT OF 100.00 (ONE HUNDRED) UNITED STATES DOLLARS. THE FOREGOING LIMITATIONS AND EXCLUSIONS IN THIS SECTION ‎7 SHALL APPLY: (I) EVEN IF APPLITOOLS HAS BEEN ADVISED OF THE POSSIBILITY OF ANY DAMAGES OR LOSSES; (II) EVEN IF ANY REMEDY SET FORTH HEREIN FAILS OF ITS ESSENTIAL PURPOSE; AND (III) REGARDLESS OF THE BASIS OR THEORY OF LIABILITY.\n1. Export Laws. Licensee agrees to comply fully with all U.S., EU, Israeli, and all applicable export laws and regulations to ensure that neither the Software nor any technical data related thereto are exported or re-exported directly or indirectly in violation of, or used for any purposes prohibited by, such laws and regulations. For clarity, and without derogating from Section ‎11 below, in case of any change of any applicable law, policy or regulation, which might affect Applitools’ business, Applitools will have the right to terminate this Agreement and the license granted hereunder and the Licensee shall have no claims regarding such termination. \n1. Term and Termination. This Agreement shall continue until terminated as set forth in this section (the “Term”). You may terminate this Agreement at any time by removing the Software from Your system and destroying all copies of the Software and Documentation relating to the Software. Unauthorized copying of the Software or otherwise failing to comply with this Agreement will result in automatic immediate termination of this Agreement and will make available to Applitools legal remedies. Applitools reserves the right to terminate this Agreement and the License at any time and without notice. Upon termination of this Agreement, the License will terminate and You: (i) will cease any and all rights to use the Software, and (ii) will remove the Software from all hard drives, networks and other storage media and destroy all copies of the Software in your possession or under your control. The provisions of Sections ‎2.3, ‎2.4, ‎2.5, ‎6, ‎7, ‎8, ‎9, 10, ‎11 and ‎12 shall survive the termination, expiration or other ending of this Agreement.\n1. Miscellaneous. This Agreement represents the complete agreement concerning the Software between You and Applitools and supersedes all prior agreements and representations between You and Applitools. If any provision of this Agreement is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable. Any waiver of any provision of this Agreement will be effective only if in writing and signed by Applitools. This Agreement is personal to You and may not be assigned or transferred for any reason whatsoever without the consent of Applitools and any action or conduct in violation of the foregoing shall be void and without effect. Applitools expressly reserves the right to assign this Agreement and to delegate any of its obligations hereunder. This Agreement are governed by and construed under the laws of the State of Israel, excluding its conflicts of law rules. You expressly agree that the exclusive jurisdiction for any claim or action arising out of or relating to this Agreement shall be the courts located in Tel Aviv, Israel, and You further agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action. 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BY INSTALLING, ACCESSING AND/OR USING THE SOFTWARE (AS DEFINED BELOW), YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOU, OR THE COMPANY YOU REPRESENT, (“YOU” OR “LICENSEE”) ARE ENTERING INTO A LEGAL AGREEMENT WITH APPLITOOLS LTD. AND ITS AFFILIATES (“APPLITOOLS”), AND HAVE UNDERSTOOD AND AGREE TO COMPLY WITH, AND BE LEGALLY BOUND BY, THE TERMS AND CONDITIONS OF THIS AGREEMENT. YOU HEREBY WAIVE ANY RIGHTS OR REQUIREMENTS UNDER ANY LAWS OR REGULATIONS IN ANY JURISDICTION WHICH REQUIRE AN ORIGINAL (NON-ELECTRONIC) SIGNATURE OR DELIVERY OR RETENTION OF NON-ELECTRONIC RECORDS, TO THE EXTENT PERMITTED UNDER APPLICABLE LAW. \nTHE SOFTWARE MAY BE USED SOLELY FOR YOUR PERSONAL, NON-COMMERCIAL PURPOSES. FOR COMMERCIAL PURPOSES PLEASE CONTACT THE REGIONAL APPLITOOLS BUSINESS REPRESENTATIVE. \n1. Definitions. For purposes of this Agreement, the following capitalized terms shall have the following meaning:\n   1. “Documentation” means the user’s guides and technical manuals delivered by Applitools to Licensee.\n   2.  “Feedback” means suggestions, comments or feedback (whether orally or in writing) with respect to the Software.\n   3. “Intellectual Property Rights” means all intangible legal rights, titles and interests evidenced by or embodied in all: (i) inventions (regardless of patentability and whether or not reduced to practice), improvements thereto, patents, patent applications, patent disclosures, together with all reissuances, continuations, continuations in part, revisions, extensions and reexaminations thereof; (ii) trademarks, service marks, trade dress, logos, trade names, corporate names, together with translations, adaptations, derivations and combinations thereof, including goodwill associated therewith, and applications, registrations, and renewals in connection therewith; (iii) any work of authorship, regardless of copyrightable, copyrightable works, copyrights (including moral rights), and applications, registrations and renewals in connection therewith; (iv) mask works and applications, registrations and renewals in connection therewith; (v) trade secrets and Confidential Information; and (vi) other proprietary rights and any other similar rights, in each case on a worldwide basis, and copies and tangible embodiments thereof, in whatever form or medium.\n   4. “License” means the right to use the Software pursuant to Section ‎2.1 to this Agreement.\n   5.  “Software” means Applitools’ software development kit software in object or source code version, Documentation and any updates and upgrade thereto (to the extent delivered).\n1. License\n   1. Grant of License. Subject to the terms and conditions of this Agreement, Applitools grants You, during the Term, a personal, non-exclusive, non-sublicensable, non-transferable, revocable license to: (i) use the Software solely for Your own personal (non-commercial) use and (ii) use and display Applitools’ Marks solely for the purpose of publicizing or advertising that You are using the Software. \n   2. Documentation. Applitools may make available Documentation to Licensee for Licensee to use solely in connection with Licensee’s use of the Software during the term of this Agreement. Licensee may print or copy the Documentation as needed for its own purposes provided that all copyright notices are included therein. The Documentation shall be considered the Confidential Information of Applitools. \n   1. Reservation of Rights; Use Restrictions. Other than the rights explicitly granted in this Agreement, Licensee shall have no other rights, express or implied, in the Software. Without limiting the generality of the foregoing, Licensee agrees and undertakes not to: (i) allow any third party to use the Software in any manner, including but not limited to, sell, lease, sublicense or distribute the Software, or any part thereof; (ii) modify, revise, or alter the Software or reverse engineer, decompile, disassemble or otherwise reduce to human-perceivable form the Software’s source code; (iii) copy or allow copies of the Software to be made; (iv) remove, alter or obscure any proprietary notice or identification, including copyright, trademark, patent or other notices, contained in or displayed on or via the Software; (v) use the Software to violate any applicable laws, rules or regulations, or for any unlawful, harmful, irresponsible, or inappropriate purpose, or in any manner that breaches this Agreement, and/or (vi) represent that it possesses any proprietary interest in the Software.\n   1. Third Party Software. Licensee acknowledges and agrees that any third party software (“Third Party Software”) that provided with the Software is provided under the terms of the license attached/linked thereto or, if no such license is attached, such Third Party Software is provided for free and on “AS IS” basis. Applitools is not liable for any losses or damages which may occur resulting from the use of any Third Party Software. Applitools does not possess any proprietary interest in such Third Party Software. \n   1. Open Source Licenses. The Software includes certain open source code software and materials (as shall be listed in the documentation of the Software) (“Open Source Software”) that are subject to their respective open source licenses (“Open Source Licenses”). Such Open Source Licenses contain a list of conditions with respect to warranty, copyright policy and other provisions. By executing this Agreement, Licensee undertakes to strictly comply with the terms and condition of the Open Source Licenses, as may be amended from time to time. In order to comply with the Open Source Licenses, Licensee shall read the respective licenses or notices, such list of Open Source Licenses may be amended from time to time by Applitools, at its sole discretion. In the event of any inconsistencies or conflicting provisions between the provisions of the Open Source Licenses and the provisions of this Agreement, the provisions of the Open Source Licenses shall prevail. Without derogating from the generality of the foregoing, it is clarified that any Open Source Software is provided on an “AS IS” basis, without indemnity or warranty of any kind, whether express or implied. For clarity, the representations and warranties set forth in Section ‎4 hereunder shall not apply to any Open Source Software.\n1. Title & Ownership. APPLITOOLS DOES NOT SELL OR TRANSFER TITLE IN THE SOFTWARE, OR ANY PART THEREOF, TO LICENSEE. The Documentation, Software (excluding any Open Source Software and Third Party Software therein which are owned by their respective licensors) and/or any copies thereof, including without limitation any derivative works made (regardless of whether such derivative works were made and/or developed pursuant to the request and/or specifications of Licensee, and irrespective of any support and/or assistance Applitools may, will or had received from Licensee, or any third party on its behalf, with respect thereto), as well as any updates or upgrades thereto, if provided to Applitools pursuant to this Agreement, shall remain Applitools’ sole and exclusive property. All Intellectual Property Rights evidenced by or embodied in and/or attached/connected/related to the Software, or part thereof, are and shall be owned solely and exclusively by Applitools. Nothing in this Agreement shall constitute a waiver of Applitools’ Intellectual Property Rights under any law, or be in any way construed or interpreted as such. It is further agreed that to the extent Licensee provides Applitools with Feedback, Licensee acknowledges that any and all rights, including Intellectual Property Rights in such Feedback shall belong exclusively to Applitools and Licensee hereby irrevocably and unconditionally transfers and assigns to Applitools all intellectual property rights in such Feedback and waives any and all moral rights that Licensee may have in respect thereto. It is further understood that use of Feedback, if any, may be made by Applitools at its sole discretion, and that Applitools in no way shall be obliged to make use of any kind of the Feedback or part thereof. \n1. Warranty. Applitools warrants that to its knowledge it has the right to grant the license under this Agreement. Applitools’ sole liability for any breach of this warranty or any other warranty under this Agreement shall be, at Applitools’ sole discretion: (i) to replace or repair the Software or the applicable portion thereof; or (ii) to terminate this Agreement.\n2. Warranty Exclusions. The warranties set forth in Section ‎4 are contingent upon Licensee’s proper use of the Software, and shall not apply to damage caused by abuse, misuse, alteration, neglect or unauthorized repair or installation, or by the use or attempted use of Software other than that supplied and supported by Applitools. Applitools will use reasonable commercial efforts to repair or replace the Software or the applicable portion thereof, pursuant to the foregoing warranty within thirty (30) days of being so notified.\n1. Warranty Disclaimers. AS BETWEEN LICENSEE AND APPLITOOLS, EXCEPT AS SET IN SECTION ‎4, THE SOFTWARE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND INCLUDING, WITHOUT LIMITATION, REPRESENTATIONS, WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR INTENDED OR PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, THAT THE SOFTWARE WILL MEET LICENSEE’S REQUIREMENTS OR EXPECTATIONS OR WILL ACHIEVE ANY SPECIFIC RESULTS AND THOSE ARISING BY STATUTE OR FROM A COURSE OF DEALING OR USAGE OF TRADE. Applicable law may not allow the exclusion of certain warranties, so to that extent such exclusions may not apply.\n1. High Risk Activities. You acknowledge that the Software is not fault tolerant and is not designed, manufactured, or intended for use or resale as on-line control equipment in hazardous or high risk environments and activities requiring fail-safe performance (such as in the operation of nuclear facilities, aircraft navigation or communication systems, air traffic control, direct life support machines and/or devices, or weapons systems) in which the failure of the Software could lead directly to death, personal injury, or severe physical or environmental damage, and You agree not to use or allow the use of the Software or any portion thereof for, or in connection with, any such environment or activity.\n1. Indemnify. You agree that Applitools shall have no liability whatsoever for any use made of the Software by You or any third party. You hereby agree to defend, indemnify and hold harmless Applitools and its affiliates and their respective officers, directors, agents and employees from any and all claims, damages, liabilities, costs, and expenses (including attorney’s fees) arising from claims related to Your use of the Software as well as from Your failure to comply with this Agreement.\n1. Limitation of Liability. UNDER NO CIRCUMSTANCES SHALL APPLITOOLS AND/OR ITS AFFILIATES BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, OR FOR ANY LOSS OF DATA, REVENUE, BUSINESS OR REPUTATION, THAT ARISES UNDER OR IN CONNECTION WITH THIS AGREEMENT, OR THAT RESULTS FROM THE USE OF, OR THE INABILITY TO USE, THE SOFTWARE. APPLITOOLS’S TOTAL AGGREGATE LIABILITY FOR ANY AND ALL DIRECT DAMAGES AND LOSSES THAT ARISE UNDER OR IN CONNECTION WITH THIS AGREEMENT SHALL NOT IN ANY CIRCUMSTANCE EXCEED THE AMOUNT OF 100.00 (ONE HUNDRED) UNITED STATES DOLLARS. THE FOREGOING LIMITATIONS AND EXCLUSIONS IN THIS SECTION ‎7 SHALL APPLY: (I) EVEN IF APPLITOOLS HAS BEEN ADVISED OF THE POSSIBILITY OF ANY DAMAGES OR LOSSES; (II) EVEN IF ANY REMEDY SET FORTH HEREIN FAILS OF ITS ESSENTIAL PURPOSE; AND (III) REGARDLESS OF THE BASIS OR THEORY OF LIABILITY.\n1. Export Laws. Licensee agrees to comply fully with all U.S., EU, Israeli, and all applicable export laws and regulations to ensure that neither the Software nor any technical data related thereto are exported or re-exported directly or indirectly in violation of, or used for any purposes prohibited by, such laws and regulations. For clarity, and without derogating from Section ‎11 below, in case of any change of any applicable law, policy or regulation, which might affect Applitools’ business, Applitools will have the right to terminate this Agreement and the license granted hereunder and the Licensee shall have no claims regarding such termination. \n1. Term and Termination. This Agreement shall continue until terminated as set forth in this section (the “Term”). You may terminate this Agreement at any time by removing the Software from Your system and destroying all copies of the Software and Documentation relating to the Software. Unauthorized copying of the Software or otherwise failing to comply with this Agreement will result in automatic immediate termination of this Agreement and will make available to Applitools legal remedies. Applitools reserves the right to terminate this Agreement and the License at any time and without notice. Upon termination of this Agreement, the License will terminate and You: (i) will cease any and all rights to use the Software, and (ii) will remove the Software from all hard drives, networks and other storage media and destroy all copies of the Software in your possession or under your control. The provisions of Sections ‎2.3, ‎2.4, ‎2.5, ‎6, ‎7, ‎8, ‎9, 10, ‎11 and ‎12 shall survive the termination, expiration or other ending of this Agreement.\n1. Miscellaneous. This Agreement represents the complete agreement concerning the Software between You and Applitools and supersedes all prior agreements and representations between You and Applitools. If any provision of this Agreement is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable. Any waiver of any provision of this Agreement will be effective only if in writing and signed by Applitools. This Agreement is personal to You and may not be assigned or transferred for any reason whatsoever without the consent of Applitools and any action or conduct in violation of the foregoing shall be void and without effect. Applitools expressly reserves the right to assign this Agreement and to delegate any of its obligations hereunder. This Agreement are governed by and construed under the laws of the State of Israel, excluding its conflicts of law rules. You expressly agree that the exclusive jurisdiction for any claim or action arising out of or relating to this Agreement shall be the courts located in Tel Aviv, Israel, and You further agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action. 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BY INSTALLING, ACCESSING AND/OR USING THE SOFTWARE (AS DEFINED BELOW), YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOU, OR THE COMPANY YOU REPRESENT, (“YOU” OR “LICENSEE”) ARE ENTERING INTO A LEGAL AGREEMENT WITH APPLITOOLS LTD. AND ITS AFFILIATES (“APPLITOOLS”), AND HAVE UNDERSTOOD AND AGREE TO COMPLY WITH, AND BE LEGALLY BOUND BY, THE TERMS AND CONDITIONS OF THIS AGREEMENT. YOU HEREBY WAIVE ANY RIGHTS OR REQUIREMENTS UNDER ANY LAWS OR REGULATIONS IN ANY JURISDICTION WHICH REQUIRE AN ORIGINAL (NON-ELECTRONIC) SIGNATURE OR DELIVERY OR RETENTION OF NON-ELECTRONIC RECORDS, TO THE EXTENT PERMITTED UNDER APPLICABLE LAW. \nTHE SOFTWARE MAY BE USED SOLELY FOR YOUR PERSONAL, NON-COMMERCIAL PURPOSES. FOR COMMERCIAL PURPOSES PLEASE CONTACT THE REGIONAL APPLITOOLS BUSINESS REPRESENTATIVE. \n1. Definitions. For purposes of this Agreement, the following capitalized terms shall have the following meaning:\n   1. “Documentation” means the user’s guides and technical manuals delivered by Applitools to Licensee.\n   2.  “Feedback” means suggestions, comments or feedback (whether orally or in writing) with respect to the Software.\n   3. “Intellectual Property Rights” means all intangible legal rights, titles and interests evidenced by or embodied in all: (i) inventions (regardless of patentability and whether or not reduced to practice), improvements thereto, patents, patent applications, patent disclosures, together with all reissuances, continuations, continuations in part, revisions, extensions and reexaminations thereof; (ii) trademarks, service marks, trade dress, logos, trade names, corporate names, together with translations, adaptations, derivations and combinations thereof, including goodwill associated therewith, and applications, registrations, and renewals in connection therewith; (iii) any work of authorship, regardless of copyrightable, copyrightable works, copyrights (including moral rights), and applications, registrations and renewals in connection therewith; (iv) mask works and applications, registrations and renewals in connection therewith; (v) trade secrets and Confidential Information; and (vi) other proprietary rights and any other similar rights, in each case on a worldwide basis, and copies and tangible embodiments thereof, in whatever form or medium.\n   4. “License” means the right to use the Software pursuant to Section ‎2.1 to this Agreement.\n   5.  “Software” means Applitools’ software development kit software in object or source code version, Documentation and any updates and upgrade thereto (to the extent delivered).\n1. License\n   1. Grant of License. Subject to the terms and conditions of this Agreement, Applitools grants You, during the Term, a personal, non-exclusive, non-sublicensable, non-transferable, revocable license to: (i) use the Software solely for Your own personal (non-commercial) use and (ii) use and display Applitools’ Marks solely for the purpose of publicizing or advertising that You are using the Software. \n   2. Documentation. Applitools may make available Documentation to Licensee for Licensee to use solely in connection with Licensee’s use of the Software during the term of this Agreement. Licensee may print or copy the Documentation as needed for its own purposes provided that all copyright notices are included therein. The Documentation shall be considered the Confidential Information of Applitools. \n   1. Reservation of Rights; Use Restrictions. Other than the rights explicitly granted in this Agreement, Licensee shall have no other rights, express or implied, in the Software. Without limiting the generality of the foregoing, Licensee agrees and undertakes not to: (i) allow any third party to use the Software in any manner, including but not limited to, sell, lease, sublicense or distribute the Software, or any part thereof; (ii) modify, revise, or alter the Software or reverse engineer, decompile, disassemble or otherwise reduce to human-perceivable form the Software’s source code; (iii) copy or allow copies of the Software to be made; (iv) remove, alter or obscure any proprietary notice or identification, including copyright, trademark, patent or other notices, contained in or displayed on or via the Software; (v) use the Software to violate any applicable laws, rules or regulations, or for any unlawful, harmful, irresponsible, or inappropriate purpose, or in any manner that breaches this Agreement, and/or (vi) represent that it possesses any proprietary interest in the Software.\n   1. Third Party Software. Licensee acknowledges and agrees that any third party software (“Third Party Software”) that provided with the Software is provided under the terms of the license attached/linked thereto or, if no such license is attached, such Third Party Software is provided for free and on “AS IS” basis. Applitools is not liable for any losses or damages which may occur resulting from the use of any Third Party Software. Applitools does not possess any proprietary interest in such Third Party Software. \n   1. Open Source Licenses. The Software includes certain open source code software and materials (as shall be listed in the documentation of the Software) (“Open Source Software”) that are subject to their respective open source licenses (“Open Source Licenses”). Such Open Source Licenses contain a list of conditions with respect to warranty, copyright policy and other provisions. By executing this Agreement, Licensee undertakes to strictly comply with the terms and condition of the Open Source Licenses, as may be amended from time to time. In order to comply with the Open Source Licenses, Licensee shall read the respective licenses or notices, such list of Open Source Licenses may be amended from time to time by Applitools, at its sole discretion. In the event of any inconsistencies or conflicting provisions between the provisions of the Open Source Licenses and the provisions of this Agreement, the provisions of the Open Source Licenses shall prevail. Without derogating from the generality of the foregoing, it is clarified that any Open Source Software is provided on an “AS IS” basis, without indemnity or warranty of any kind, whether express or implied. For clarity, the representations and warranties set forth in Section ‎4 hereunder shall not apply to any Open Source Software.\n1. Title & Ownership. APPLITOOLS DOES NOT SELL OR TRANSFER TITLE IN THE SOFTWARE, OR ANY PART THEREOF, TO LICENSEE. The Documentation, Software (excluding any Open Source Software and Third Party Software therein which are owned by their respective licensors) and/or any copies thereof, including without limitation any derivative works made (regardless of whether such derivative works were made and/or developed pursuant to the request and/or specifications of Licensee, and irrespective of any support and/or assistance Applitools may, will or had received from Licensee, or any third party on its behalf, with respect thereto), as well as any updates or upgrades thereto, if provided to Applitools pursuant to this Agreement, shall remain Applitools’ sole and exclusive property. All Intellectual Property Rights evidenced by or embodied in and/or attached/connected/related to the Software, or part thereof, are and shall be owned solely and exclusively by Applitools. Nothing in this Agreement shall constitute a waiver of Applitools’ Intellectual Property Rights under any law, or be in any way construed or interpreted as such. It is further agreed that to the extent Licensee provides Applitools with Feedback, Licensee acknowledges that any and all rights, including Intellectual Property Rights in such Feedback shall belong exclusively to Applitools and Licensee hereby irrevocably and unconditionally transfers and assigns to Applitools all intellectual property rights in such Feedback and waives any and all moral rights that Licensee may have in respect thereto. It is further understood that use of Feedback, if any, may be made by Applitools at its sole discretion, and that Applitools in no way shall be obliged to make use of any kind of the Feedback or part thereof. \n1. Warranty. Applitools warrants that to its knowledge it has the right to grant the license under this Agreement. Applitools’ sole liability for any breach of this warranty or any other warranty under this Agreement shall be, at Applitools’ sole discretion: (i) to replace or repair the Software or the applicable portion thereof; or (ii) to terminate this Agreement.\n2. Warranty Exclusions. The warranties set forth in Section ‎4 are contingent upon Licensee’s proper use of the Software, and shall not apply to damage caused by abuse, misuse, alteration, neglect or unauthorized repair or installation, or by the use or attempted use of Software other than that supplied and supported by Applitools. Applitools will use reasonable commercial efforts to repair or replace the Software or the applicable portion thereof, pursuant to the foregoing warranty within thirty (30) days of being so notified.\n1. Warranty Disclaimers. AS BETWEEN LICENSEE AND APPLITOOLS, EXCEPT AS SET IN SECTION ‎4, THE SOFTWARE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND INCLUDING, WITHOUT LIMITATION, REPRESENTATIONS, WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR INTENDED OR PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, THAT THE SOFTWARE WILL MEET LICENSEE’S REQUIREMENTS OR EXPECTATIONS OR WILL ACHIEVE ANY SPECIFIC RESULTS AND THOSE ARISING BY STATUTE OR FROM A COURSE OF DEALING OR USAGE OF TRADE. Applicable law may not allow the exclusion of certain warranties, so to that extent such exclusions may not apply.\n1. High Risk Activities. You acknowledge that the Software is not fault tolerant and is not designed, manufactured, or intended for use or resale as on-line control equipment in hazardous or high risk environments and activities requiring fail-safe performance (such as in the operation of nuclear facilities, aircraft navigation or communication systems, air traffic control, direct life support machines and/or devices, or weapons systems) in which the failure of the Software could lead directly to death, personal injury, or severe physical or environmental damage, and You agree not to use or allow the use of the Software or any portion thereof for, or in connection with, any such environment or activity.\n1. Indemnify. You agree that Applitools shall have no liability whatsoever for any use made of the Software by You or any third party. You hereby agree to defend, indemnify and hold harmless Applitools and its affiliates and their respective officers, directors, agents and employees from any and all claims, damages, liabilities, costs, and expenses (including attorney’s fees) arising from claims related to Your use of the Software as well as from Your failure to comply with this Agreement.\n1. Limitation of Liability. UNDER NO CIRCUMSTANCES SHALL APPLITOOLS AND/OR ITS AFFILIATES BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, OR FOR ANY LOSS OF DATA, REVENUE, BUSINESS OR REPUTATION, THAT ARISES UNDER OR IN CONNECTION WITH THIS AGREEMENT, OR THAT RESULTS FROM THE USE OF, OR THE INABILITY TO USE, THE SOFTWARE. APPLITOOLS’S TOTAL AGGREGATE LIABILITY FOR ANY AND ALL DIRECT DAMAGES AND LOSSES THAT ARISE UNDER OR IN CONNECTION WITH THIS AGREEMENT SHALL NOT IN ANY CIRCUMSTANCE EXCEED THE AMOUNT OF 100.00 (ONE HUNDRED) UNITED STATES DOLLARS. THE FOREGOING LIMITATIONS AND EXCLUSIONS IN THIS SECTION ‎7 SHALL APPLY: (I) EVEN IF APPLITOOLS HAS BEEN ADVISED OF THE POSSIBILITY OF ANY DAMAGES OR LOSSES; (II) EVEN IF ANY REMEDY SET FORTH HEREIN FAILS OF ITS ESSENTIAL PURPOSE; AND (III) REGARDLESS OF THE BASIS OR THEORY OF LIABILITY.\n1. Export Laws. Licensee agrees to comply fully with all U.S., EU, Israeli, and all applicable export laws and regulations to ensure that neither the Software nor any technical data related thereto are exported or re-exported directly or indirectly in violation of, or used for any purposes prohibited by, such laws and regulations. For clarity, and without derogating from Section ‎11 below, in case of any change of any applicable law, policy or regulation, which might affect Applitools’ business, Applitools will have the right to terminate this Agreement and the license granted hereunder and the Licensee shall have no claims regarding such termination. \n1. Term and Termination. This Agreement shall continue until terminated as set forth in this section (the “Term”). You may terminate this Agreement at any time by removing the Software from Your system and destroying all copies of the Software and Documentation relating to the Software. Unauthorized copying of the Software or otherwise failing to comply with this Agreement will result in automatic immediate termination of this Agreement and will make available to Applitools legal remedies. Applitools reserves the right to terminate this Agreement and the License at any time and without notice. Upon termination of this Agreement, the License will terminate and You: (i) will cease any and all rights to use the Software, and (ii) will remove the Software from all hard drives, networks and other storage media and destroy all copies of the Software in your possession or under your control. The provisions of Sections ‎2.3, ‎2.4, ‎2.5, ‎6, ‎7, ‎8, ‎9, 10, ‎11 and ‎12 shall survive the termination, expiration or other ending of this Agreement.\n1. Miscellaneous. This Agreement represents the complete agreement concerning the Software between You and Applitools and supersedes all prior agreements and representations between You and Applitools. If any provision of this Agreement is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable. Any waiver of any provision of this Agreement will be effective only if in writing and signed by Applitools. This Agreement is personal to You and may not be assigned or transferred for any reason whatsoever without the consent of Applitools and any action or conduct in violation of the foregoing shall be void and without effect. Applitools expressly reserves the right to assign this Agreement and to delegate any of its obligations hereunder. This Agreement are governed by and construed under the laws of the State of Israel, excluding its conflicts of law rules. You expressly agree that the exclusive jurisdiction for any claim or action arising out of or relating to this Agreement shall be the courts located in Tel Aviv, Israel, and You further agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action. 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BY INSTALLING, ACCESSING AND/OR USING THE SOFTWARE (AS DEFINED BELOW), YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOU, OR THE COMPANY YOU REPRESENT, (“YOU” OR “LICENSEE”) ARE ENTERING INTO A LEGAL AGREEMENT WITH APPLITOOLS LTD. AND ITS AFFILIATES (“APPLITOOLS”), AND HAVE UNDERSTOOD AND AGREE TO COMPLY WITH, AND BE LEGALLY BOUND BY, THE TERMS AND CONDITIONS OF THIS AGREEMENT. YOU HEREBY WAIVE ANY RIGHTS OR REQUIREMENTS UNDER ANY LAWS OR REGULATIONS IN ANY JURISDICTION WHICH REQUIRE AN ORIGINAL (NON-ELECTRONIC) SIGNATURE OR DELIVERY OR RETENTION OF NON-ELECTRONIC RECORDS, TO THE EXTENT PERMITTED UNDER APPLICABLE LAW. \nTHE SOFTWARE MAY BE USED SOLELY FOR YOUR PERSONAL, NON-COMMERCIAL PURPOSES. FOR COMMERCIAL PURPOSES PLEASE CONTACT THE REGIONAL APPLITOOLS BUSINESS REPRESENTATIVE. \n1. Definitions. For purposes of this Agreement, the following capitalized terms shall have the following meaning:\n   1. “Documentation” means the user’s guides and technical manuals delivered by Applitools to Licensee.\n   2.  “Feedback” means suggestions, comments or feedback (whether orally or in writing) with respect to the Software.\n   3. “Intellectual Property Rights” means all intangible legal rights, titles and interests evidenced by or embodied in all: (i) inventions (regardless of patentability and whether or not reduced to practice), improvements thereto, patents, patent applications, patent disclosures, together with all reissuances, continuations, continuations in part, revisions, extensions and reexaminations thereof; (ii) trademarks, service marks, trade dress, logos, trade names, corporate names, together with translations, adaptations, derivations and combinations thereof, including goodwill associated therewith, and applications, registrations, and renewals in connection therewith; (iii) any work of authorship, regardless of copyrightable, copyrightable works, copyrights (including moral rights), and applications, registrations and renewals in connection therewith; (iv) mask works and applications, registrations and renewals in connection therewith; (v) trade secrets and Confidential Information; and (vi) other proprietary rights and any other similar rights, in each case on a worldwide basis, and copies and tangible embodiments thereof, in whatever form or medium.\n   4. “License” means the right to use the Software pursuant to Section ‎2.1 to this Agreement.\n   5.  “Software” means Applitools’ software development kit software in object or source code version, Documentation and any updates and upgrade thereto (to the extent delivered).\n1. License\n   1. Grant of License. Subject to the terms and conditions of this Agreement, Applitools grants You, during the Term, a personal, non-exclusive, non-sublicensable, non-transferable, revocable license to: (i) use the Software solely for Your own personal (non-commercial) use and (ii) use and display Applitools’ Marks solely for the purpose of publicizing or advertising that You are using the Software. \n   2. Documentation. Applitools may make available Documentation to Licensee for Licensee to use solely in connection with Licensee’s use of the Software during the term of this Agreement. Licensee may print or copy the Documentation as needed for its own purposes provided that all copyright notices are included therein. The Documentation shall be considered the Confidential Information of Applitools. \n   1. Reservation of Rights; Use Restrictions. Other than the rights explicitly granted in this Agreement, Licensee shall have no other rights, express or implied, in the Software. Without limiting the generality of the foregoing, Licensee agrees and undertakes not to: (i) allow any third party to use the Software in any manner, including but not limited to, sell, lease, sublicense or distribute the Software, or any part thereof; (ii) modify, revise, or alter the Software or reverse engineer, decompile, disassemble or otherwise reduce to human-perceivable form the Software’s source code; (iii) copy or allow copies of the Software to be made; (iv) remove, alter or obscure any proprietary notice or identification, including copyright, trademark, patent or other notices, contained in or displayed on or via the Software; (v) use the Software to violate any applicable laws, rules or regulations, or for any unlawful, harmful, irresponsible, or inappropriate purpose, or in any manner that breaches this Agreement, and/or (vi) represent that it possesses any proprietary interest in the Software.\n   1. Third Party Software. Licensee acknowledges and agrees that any third party software (“Third Party Software”) that provided with the Software is provided under the terms of the license attached/linked thereto or, if no such license is attached, such Third Party Software is provided for free and on “AS IS” basis. Applitools is not liable for any losses or damages which may occur resulting from the use of any Third Party Software. Applitools does not possess any proprietary interest in such Third Party Software. \n   1. Open Source Licenses. The Software includes certain open source code software and materials (as shall be listed in the documentation of the Software) (“Open Source Software”) that are subject to their respective open source licenses (“Open Source Licenses”). Such Open Source Licenses contain a list of conditions with respect to warranty, copyright policy and other provisions. By executing this Agreement, Licensee undertakes to strictly comply with the terms and condition of the Open Source Licenses, as may be amended from time to time. In order to comply with the Open Source Licenses, Licensee shall read the respective licenses or notices, such list of Open Source Licenses may be amended from time to time by Applitools, at its sole discretion. In the event of any inconsistencies or conflicting provisions between the provisions of the Open Source Licenses and the provisions of this Agreement, the provisions of the Open Source Licenses shall prevail. Without derogating from the generality of the foregoing, it is clarified that any Open Source Software is provided on an “AS IS” basis, without indemnity or warranty of any kind, whether express or implied. For clarity, the representations and warranties set forth in Section ‎4 hereunder shall not apply to any Open Source Software.\n1. Title & Ownership. APPLITOOLS DOES NOT SELL OR TRANSFER TITLE IN THE SOFTWARE, OR ANY PART THEREOF, TO LICENSEE. The Documentation, Software (excluding any Open Source Software and Third Party Software therein which are owned by their respective licensors) and/or any copies thereof, including without limitation any derivative works made (regardless of whether such derivative works were made and/or developed pursuant to the request and/or specifications of Licensee, and irrespective of any support and/or assistance Applitools may, will or had received from Licensee, or any third party on its behalf, with respect thereto), as well as any updates or upgrades thereto, if provided to Applitools pursuant to this Agreement, shall remain Applitools’ sole and exclusive property. All Intellectual Property Rights evidenced by or embodied in and/or attached/connected/related to the Software, or part thereof, are and shall be owned solely and exclusively by Applitools. Nothing in this Agreement shall constitute a waiver of Applitools’ Intellectual Property Rights under any law, or be in any way construed or interpreted as such. It is further agreed that to the extent Licensee provides Applitools with Feedback, Licensee acknowledges that any and all rights, including Intellectual Property Rights in such Feedback shall belong exclusively to Applitools and Licensee hereby irrevocably and unconditionally transfers and assigns to Applitools all intellectual property rights in such Feedback and waives any and all moral rights that Licensee may have in respect thereto. It is further understood that use of Feedback, if any, may be made by Applitools at its sole discretion, and that Applitools in no way shall be obliged to make use of any kind of the Feedback or part thereof. \n1. Warranty. Applitools warrants that to its knowledge it has the right to grant the license under this Agreement. Applitools’ sole liability for any breach of this warranty or any other warranty under this Agreement shall be, at Applitools’ sole discretion: (i) to replace or repair the Software or the applicable portion thereof; or (ii) to terminate this Agreement.\n2. Warranty Exclusions. The warranties set forth in Section ‎4 are contingent upon Licensee’s proper use of the Software, and shall not apply to damage caused by abuse, misuse, alteration, neglect or unauthorized repair or installation, or by the use or attempted use of Software other than that supplied and supported by Applitools. Applitools will use reasonable commercial efforts to repair or replace the Software or the applicable portion thereof, pursuant to the foregoing warranty within thirty (30) days of being so notified.\n1. Warranty Disclaimers. AS BETWEEN LICENSEE AND APPLITOOLS, EXCEPT AS SET IN SECTION ‎4, THE SOFTWARE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND INCLUDING, WITHOUT LIMITATION, REPRESENTATIONS, WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR INTENDED OR PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, THAT THE SOFTWARE WILL MEET LICENSEE’S REQUIREMENTS OR EXPECTATIONS OR WILL ACHIEVE ANY SPECIFIC RESULTS AND THOSE ARISING BY STATUTE OR FROM A COURSE OF DEALING OR USAGE OF TRADE. Applicable law may not allow the exclusion of certain warranties, so to that extent such exclusions may not apply.\n1. High Risk Activities. You acknowledge that the Software is not fault tolerant and is not designed, manufactured, or intended for use or resale as on-line control equipment in hazardous or high risk environments and activities requiring fail-safe performance (such as in the operation of nuclear facilities, aircraft navigation or communication systems, air traffic control, direct life support machines and/or devices, or weapons systems) in which the failure of the Software could lead directly to death, personal injury, or severe physical or environmental damage, and You agree not to use or allow the use of the Software or any portion thereof for, or in connection with, any such environment or activity.\n1. Indemnify. You agree that Applitools shall have no liability whatsoever for any use made of the Software by You or any third party. You hereby agree to defend, indemnify and hold harmless Applitools and its affiliates and their respective officers, directors, agents and employees from any and all claims, damages, liabilities, costs, and expenses (including attorney’s fees) arising from claims related to Your use of the Software as well as from Your failure to comply with this Agreement.\n1. Limitation of Liability. UNDER NO CIRCUMSTANCES SHALL APPLITOOLS AND/OR ITS AFFILIATES BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, OR FOR ANY LOSS OF DATA, REVENUE, BUSINESS OR REPUTATION, THAT ARISES UNDER OR IN CONNECTION WITH THIS AGREEMENT, OR THAT RESULTS FROM THE USE OF, OR THE INABILITY TO USE, THE SOFTWARE. APPLITOOLS’S TOTAL AGGREGATE LIABILITY FOR ANY AND ALL DIRECT DAMAGES AND LOSSES THAT ARISE UNDER OR IN CONNECTION WITH THIS AGREEMENT SHALL NOT IN ANY CIRCUMSTANCE EXCEED THE AMOUNT OF 100.00 (ONE HUNDRED) UNITED STATES DOLLARS. THE FOREGOING LIMITATIONS AND EXCLUSIONS IN THIS SECTION ‎7 SHALL APPLY: (I) EVEN IF APPLITOOLS HAS BEEN ADVISED OF THE POSSIBILITY OF ANY DAMAGES OR LOSSES; (II) EVEN IF ANY REMEDY SET FORTH HEREIN FAILS OF ITS ESSENTIAL PURPOSE; AND (III) REGARDLESS OF THE BASIS OR THEORY OF LIABILITY.\n1. Export Laws. Licensee agrees to comply fully with all U.S., EU, Israeli, and all applicable export laws and regulations to ensure that neither the Software nor any technical data related thereto are exported or re-exported directly or indirectly in violation of, or used for any purposes prohibited by, such laws and regulations. For clarity, and without derogating from Section ‎11 below, in case of any change of any applicable law, policy or regulation, which might affect Applitools’ business, Applitools will have the right to terminate this Agreement and the license granted hereunder and the Licensee shall have no claims regarding such termination. \n1. Term and Termination. This Agreement shall continue until terminated as set forth in this section (the “Term”). You may terminate this Agreement at any time by removing the Software from Your system and destroying all copies of the Software and Documentation relating to the Software. Unauthorized copying of the Software or otherwise failing to comply with this Agreement will result in automatic immediate termination of this Agreement and will make available to Applitools legal remedies. Applitools reserves the right to terminate this Agreement and the License at any time and without notice. Upon termination of this Agreement, the License will terminate and You: (i) will cease any and all rights to use the Software, and (ii) will remove the Software from all hard drives, networks and other storage media and destroy all copies of the Software in your possession or under your control. The provisions of Sections ‎2.3, ‎2.4, ‎2.5, ‎6, ‎7, ‎8, ‎9, 10, ‎11 and ‎12 shall survive the termination, expiration or other ending of this Agreement.\n1. Miscellaneous. This Agreement represents the complete agreement concerning the Software between You and Applitools and supersedes all prior agreements and representations between You and Applitools. If any provision of this Agreement is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable. Any waiver of any provision of this Agreement will be effective only if in writing and signed by Applitools. This Agreement is personal to You and may not be assigned or transferred for any reason whatsoever without the consent of Applitools and any action or conduct in violation of the foregoing shall be void and without effect. Applitools expressly reserves the right to assign this Agreement and to delegate any of its obligations hereunder. This Agreement are governed by and construed under the laws of the State of Israel, excluding its conflicts of law rules. You expressly agree that the exclusive jurisdiction for any claim or action arising out of or relating to this Agreement shall be the courts located in Tel Aviv, Israel, and You further agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action. 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BY INSTALLING, ACCESSING AND/OR USING THE SOFTWARE (AS DEFINED BELOW), YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOU, OR THE COMPANY YOU REPRESENT, (“YOU” OR “LICENSEE”) ARE ENTERING INTO A LEGAL AGREEMENT WITH APPLITOOLS LTD. AND ITS AFFILIATES (“APPLITOOLS”), AND HAVE UNDERSTOOD AND AGREE TO COMPLY WITH, AND BE LEGALLY BOUND BY, THE TERMS AND CONDITIONS OF THIS AGREEMENT. YOU HEREBY WAIVE ANY RIGHTS OR REQUIREMENTS UNDER ANY LAWS OR REGULATIONS IN ANY JURISDICTION WHICH REQUIRE AN ORIGINAL (NON-ELECTRONIC) SIGNATURE OR DELIVERY OR RETENTION OF NON-ELECTRONIC RECORDS, TO THE EXTENT PERMITTED UNDER APPLICABLE LAW. \nTHE SOFTWARE MAY BE USED SOLELY FOR YOUR PERSONAL, NON-COMMERCIAL PURPOSES. FOR COMMERCIAL PURPOSES PLEASE CONTACT THE REGIONAL APPLITOOLS BUSINESS REPRESENTATIVE. \n1. Definitions. For purposes of this Agreement, the following capitalized terms shall have the following meaning:\n   1. “Documentation” means the user’s guides and technical manuals delivered by Applitools to Licensee.\n   2.  “Feedback” means suggestions, comments or feedback (whether orally or in writing) with respect to the Software.\n   3. “Intellectual Property Rights” means all intangible legal rights, titles and interests evidenced by or embodied in all: (i) inventions (regardless of patentability and whether or not reduced to practice), improvements thereto, patents, patent applications, patent disclosures, together with all reissuances, continuations, continuations in part, revisions, extensions and reexaminations thereof; (ii) trademarks, service marks, trade dress, logos, trade names, corporate names, together with translations, adaptations, derivations and combinations thereof, including goodwill associated therewith, and applications, registrations, and renewals in connection therewith; (iii) any work of authorship, regardless of copyrightable, copyrightable works, copyrights (including moral rights), and applications, registrations and renewals in connection therewith; (iv) mask works and applications, registrations and renewals in connection therewith; (v) trade secrets and Confidential Information; and (vi) other proprietary rights and any other similar rights, in each case on a worldwide basis, and copies and tangible embodiments thereof, in whatever form or medium.\n   4. “License” means the right to use the Software pursuant to Section ‎2.1 to this Agreement.\n   5.  “Software” means Applitools’ software development kit software in object or source code version, Documentation and any updates and upgrade thereto (to the extent delivered).\n1. License\n   1. Grant of License. Subject to the terms and conditions of this Agreement, Applitools grants You, during the Term, a personal, non-exclusive, non-sublicensable, non-transferable, revocable license to: (i) use the Software solely for Your own personal (non-commercial) use and (ii) use and display Applitools’ Marks solely for the purpose of publicizing or advertising that You are using the Software. \n   2. Documentation. Applitools may make available Documentation to Licensee for Licensee to use solely in connection with Licensee’s use of the Software during the term of this Agreement. Licensee may print or copy the Documentation as needed for its own purposes provided that all copyright notices are included therein. The Documentation shall be considered the Confidential Information of Applitools. \n   1. Reservation of Rights; Use Restrictions. Other than the rights explicitly granted in this Agreement, Licensee shall have no other rights, express or implied, in the Software. Without limiting the generality of the foregoing, Licensee agrees and undertakes not to: (i) allow any third party to use the Software in any manner, including but not limited to, sell, lease, sublicense or distribute the Software, or any part thereof; (ii) modify, revise, or alter the Software or reverse engineer, decompile, disassemble or otherwise reduce to human-perceivable form the Software’s source code; (iii) copy or allow copies of the Software to be made; (iv) remove, alter or obscure any proprietary notice or identification, including copyright, trademark, patent or other notices, contained in or displayed on or via the Software; (v) use the Software to violate any applicable laws, rules or regulations, or for any unlawful, harmful, irresponsible, or inappropriate purpose, or in any manner that breaches this Agreement, and/or (vi) represent that it possesses any proprietary interest in the Software.\n   1. Third Party Software. Licensee acknowledges and agrees that any third party software (“Third Party Software”) that provided with the Software is provided under the terms of the license attached/linked thereto or, if no such license is attached, such Third Party Software is provided for free and on “AS IS” basis. Applitools is not liable for any losses or damages which may occur resulting from the use of any Third Party Software. Applitools does not possess any proprietary interest in such Third Party Software. \n   1. Open Source Licenses. The Software includes certain open source code software and materials (as shall be listed in the documentation of the Software) (“Open Source Software”) that are subject to their respective open source licenses (“Open Source Licenses”). Such Open Source Licenses contain a list of conditions with respect to warranty, copyright policy and other provisions. By executing this Agreement, Licensee undertakes to strictly comply with the terms and condition of the Open Source Licenses, as may be amended from time to time. In order to comply with the Open Source Licenses, Licensee shall read the respective licenses or notices, such list of Open Source Licenses may be amended from time to time by Applitools, at its sole discretion. In the event of any inconsistencies or conflicting provisions between the provisions of the Open Source Licenses and the provisions of this Agreement, the provisions of the Open Source Licenses shall prevail. Without derogating from the generality of the foregoing, it is clarified that any Open Source Software is provided on an “AS IS” basis, without indemnity or warranty of any kind, whether express or implied. For clarity, the representations and warranties set forth in Section ‎4 hereunder shall not apply to any Open Source Software.\n1. Title & Ownership. APPLITOOLS DOES NOT SELL OR TRANSFER TITLE IN THE SOFTWARE, OR ANY PART THEREOF, TO LICENSEE. The Documentation, Software (excluding any Open Source Software and Third Party Software therein which are owned by their respective licensors) and/or any copies thereof, including without limitation any derivative works made (regardless of whether such derivative works were made and/or developed pursuant to the request and/or specifications of Licensee, and irrespective of any support and/or assistance Applitools may, will or had received from Licensee, or any third party on its behalf, with respect thereto), as well as any updates or upgrades thereto, if provided to Applitools pursuant to this Agreement, shall remain Applitools’ sole and exclusive property. All Intellectual Property Rights evidenced by or embodied in and/or attached/connected/related to the Software, or part thereof, are and shall be owned solely and exclusively by Applitools. Nothing in this Agreement shall constitute a waiver of Applitools’ Intellectual Property Rights under any law, or be in any way construed or interpreted as such. It is further agreed that to the extent Licensee provides Applitools with Feedback, Licensee acknowledges that any and all rights, including Intellectual Property Rights in such Feedback shall belong exclusively to Applitools and Licensee hereby irrevocably and unconditionally transfers and assigns to Applitools all intellectual property rights in such Feedback and waives any and all moral rights that Licensee may have in respect thereto. It is further understood that use of Feedback, if any, may be made by Applitools at its sole discretion, and that Applitools in no way shall be obliged to make use of any kind of the Feedback or part thereof. \n1. Warranty. Applitools warrants that to its knowledge it has the right to grant the license under this Agreement. Applitools’ sole liability for any breach of this warranty or any other warranty under this Agreement shall be, at Applitools’ sole discretion: (i) to replace or repair the Software or the applicable portion thereof; or (ii) to terminate this Agreement.\n2. Warranty Exclusions. The warranties set forth in Section ‎4 are contingent upon Licensee’s proper use of the Software, and shall not apply to damage caused by abuse, misuse, alteration, neglect or unauthorized repair or installation, or by the use or attempted use of Software other than that supplied and supported by Applitools. Applitools will use reasonable commercial efforts to repair or replace the Software or the applicable portion thereof, pursuant to the foregoing warranty within thirty (30) days of being so notified.\n1. Warranty Disclaimers. AS BETWEEN LICENSEE AND APPLITOOLS, EXCEPT AS SET IN SECTION ‎4, THE SOFTWARE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND INCLUDING, WITHOUT LIMITATION, REPRESENTATIONS, WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR INTENDED OR PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, THAT THE SOFTWARE WILL MEET LICENSEE’S REQUIREMENTS OR EXPECTATIONS OR WILL ACHIEVE ANY SPECIFIC RESULTS AND THOSE ARISING BY STATUTE OR FROM A COURSE OF DEALING OR USAGE OF TRADE. Applicable law may not allow the exclusion of certain warranties, so to that extent such exclusions may not apply.\n1. High Risk Activities. You acknowledge that the Software is not fault tolerant and is not designed, manufactured, or intended for use or resale as on-line control equipment in hazardous or high risk environments and activities requiring fail-safe performance (such as in the operation of nuclear facilities, aircraft navigation or communication systems, air traffic control, direct life support machines and/or devices, or weapons systems) in which the failure of the Software could lead directly to death, personal injury, or severe physical or environmental damage, and You agree not to use or allow the use of the Software or any portion thereof for, or in connection with, any such environment or activity.\n1. Indemnify. You agree that Applitools shall have no liability whatsoever for any use made of the Software by You or any third party. You hereby agree to defend, indemnify and hold harmless Applitools and its affiliates and their respective officers, directors, agents and employees from any and all claims, damages, liabilities, costs, and expenses (including attorney’s fees) arising from claims related to Your use of the Software as well as from Your failure to comply with this Agreement.\n1. Limitation of Liability. UNDER NO CIRCUMSTANCES SHALL APPLITOOLS AND/OR ITS AFFILIATES BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, OR FOR ANY LOSS OF DATA, REVENUE, BUSINESS OR REPUTATION, THAT ARISES UNDER OR IN CONNECTION WITH THIS AGREEMENT, OR THAT RESULTS FROM THE USE OF, OR THE INABILITY TO USE, THE SOFTWARE. APPLITOOLS’S TOTAL AGGREGATE LIABILITY FOR ANY AND ALL DIRECT DAMAGES AND LOSSES THAT ARISE UNDER OR IN CONNECTION WITH THIS AGREEMENT SHALL NOT IN ANY CIRCUMSTANCE EXCEED THE AMOUNT OF 100.00 (ONE HUNDRED) UNITED STATES DOLLARS. THE FOREGOING LIMITATIONS AND EXCLUSIONS IN THIS SECTION ‎7 SHALL APPLY: (I) EVEN IF APPLITOOLS HAS BEEN ADVISED OF THE POSSIBILITY OF ANY DAMAGES OR LOSSES; (II) EVEN IF ANY REMEDY SET FORTH HEREIN FAILS OF ITS ESSENTIAL PURPOSE; AND (III) REGARDLESS OF THE BASIS OR THEORY OF LIABILITY.\n1. Export Laws. Licensee agrees to comply fully with all U.S., EU, Israeli, and all applicable export laws and regulations to ensure that neither the Software nor any technical data related thereto are exported or re-exported directly or indirectly in violation of, or used for any purposes prohibited by, such laws and regulations. For clarity, and without derogating from Section ‎11 below, in case of any change of any applicable law, policy or regulation, which might affect Applitools’ business, Applitools will have the right to terminate this Agreement and the license granted hereunder and the Licensee shall have no claims regarding such termination. \n1. Term and Termination. This Agreement shall continue until terminated as set forth in this section (the “Term”). You may terminate this Agreement at any time by removing the Software from Your system and destroying all copies of the Software and Documentation relating to the Software. Unauthorized copying of the Software or otherwise failing to comply with this Agreement will result in automatic immediate termination of this Agreement and will make available to Applitools legal remedies. Applitools reserves the right to terminate this Agreement and the License at any time and without notice. Upon termination of this Agreement, the License will terminate and You: (i) will cease any and all rights to use the Software, and (ii) will remove the Software from all hard drives, networks and other storage media and destroy all copies of the Software in your possession or under your control. The provisions of Sections ‎2.3, ‎2.4, ‎2.5, ‎6, ‎7, ‎8, ‎9, 10, ‎11 and ‎12 shall survive the termination, expiration or other ending of this Agreement.\n1. Miscellaneous. This Agreement represents the complete agreement concerning the Software between You and Applitools and supersedes all prior agreements and representations between You and Applitools. If any provision of this Agreement is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable. Any waiver of any provision of this Agreement will be effective only if in writing and signed by Applitools. This Agreement is personal to You and may not be assigned or transferred for any reason whatsoever without the consent of Applitools and any action or conduct in violation of the foregoing shall be void and without effect. Applitools expressly reserves the right to assign this Agreement and to delegate any of its obligations hereunder. This Agreement are governed by and construed under the laws of the State of Israel, excluding its conflicts of law rules. You expressly agree that the exclusive jurisdiction for any claim or action arising out of or relating to this Agreement shall be the courts located in Tel Aviv, Israel, and You further agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action. 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BY INSTALLING, ACCESSING AND/OR USING THE SOFTWARE (AS DEFINED BELOW), YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOU, OR THE COMPANY YOU REPRESENT, (“YOU” OR “LICENSEE”) ARE ENTERING INTO A LEGAL AGREEMENT WITH APPLITOOLS LTD. AND ITS AFFILIATES (“APPLITOOLS”), AND HAVE UNDERSTOOD AND AGREE TO COMPLY WITH, AND BE LEGALLY BOUND BY, THE TERMS AND CONDITIONS OF THIS AGREEMENT. YOU HEREBY WAIVE ANY RIGHTS OR REQUIREMENTS UNDER ANY LAWS OR REGULATIONS IN ANY JURISDICTION WHICH REQUIRE AN ORIGINAL (NON-ELECTRONIC) SIGNATURE OR DELIVERY OR RETENTION OF NON-ELECTRONIC RECORDS, TO THE EXTENT PERMITTED UNDER APPLICABLE LAW. \nTHE SOFTWARE MAY BE USED SOLELY FOR YOUR PERSONAL, NON-COMMERCIAL PURPOSES. FOR COMMERCIAL PURPOSES PLEASE CONTACT THE REGIONAL APPLITOOLS BUSINESS REPRESENTATIVE. \n1. Definitions. For purposes of this Agreement, the following capitalized terms shall have the following meaning:\n   1. “Documentation” means the user’s guides and technical manuals delivered by Applitools to Licensee.\n   2.  “Feedback” means suggestions, comments or feedback (whether orally or in writing) with respect to the Software.\n   3. “Intellectual Property Rights” means all intangible legal rights, titles and interests evidenced by or embodied in all: (i) inventions (regardless of patentability and whether or not reduced to practice), improvements thereto, patents, patent applications, patent disclosures, together with all reissuances, continuations, continuations in part, revisions, extensions and reexaminations thereof; (ii) trademarks, service marks, trade dress, logos, trade names, corporate names, together with translations, adaptations, derivations and combinations thereof, including goodwill associated therewith, and applications, registrations, and renewals in connection therewith; (iii) any work of authorship, regardless of copyrightable, copyrightable works, copyrights (including moral rights), and applications, registrations and renewals in connection therewith; (iv) mask works and applications, registrations and renewals in connection therewith; (v) trade secrets and Confidential Information; and (vi) other proprietary rights and any other similar rights, in each case on a worldwide basis, and copies and tangible embodiments thereof, in whatever form or medium.\n   4. “License” means the right to use the Software pursuant to Section ‎2.1 to this Agreement.\n   5.  “Software” means Applitools’ software development kit software in object or source code version, Documentation and any updates and upgrade thereto (to the extent delivered).\n1. License\n   1. Grant of License. Subject to the terms and conditions of this Agreement, Applitools grants You, during the Term, a personal, non-exclusive, non-sublicensable, non-transferable, revocable license to: (i) use the Software solely for Your own personal (non-commercial) use and (ii) use and display Applitools’ Marks solely for the purpose of publicizing or advertising that You are using the Software. \n   2. Documentation. Applitools may make available Documentation to Licensee for Licensee to use solely in connection with Licensee’s use of the Software during the term of this Agreement. Licensee may print or copy the Documentation as needed for its own purposes provided that all copyright notices are included therein. The Documentation shall be considered the Confidential Information of Applitools. \n   1. Reservation of Rights; Use Restrictions. Other than the rights explicitly granted in this Agreement, Licensee shall have no other rights, express or implied, in the Software. Without limiting the generality of the foregoing, Licensee agrees and undertakes not to: (i) allow any third party to use the Software in any manner, including but not limited to, sell, lease, sublicense or distribute the Software, or any part thereof; (ii) modify, revise, or alter the Software or reverse engineer, decompile, disassemble or otherwise reduce to human-perceivable form the Software’s source code; (iii) copy or allow copies of the Software to be made; (iv) remove, alter or obscure any proprietary notice or identification, including copyright, trademark, patent or other notices, contained in or displayed on or via the Software; (v) use the Software to violate any applicable laws, rules or regulations, or for any unlawful, harmful, irresponsible, or inappropriate purpose, or in any manner that breaches this Agreement, and/or (vi) represent that it possesses any proprietary interest in the Software.\n   1. Third Party Software. Licensee acknowledges and agrees that any third party software (“Third Party Software”) that provided with the Software is provided under the terms of the license attached/linked thereto or, if no such license is attached, such Third Party Software is provided for free and on “AS IS” basis. Applitools is not liable for any losses or damages which may occur resulting from the use of any Third Party Software. Applitools does not possess any proprietary interest in such Third Party Software. \n   1. Open Source Licenses. The Software includes certain open source code software and materials (as shall be listed in the documentation of the Software) (“Open Source Software”) that are subject to their respective open source licenses (“Open Source Licenses”). Such Open Source Licenses contain a list of conditions with respect to warranty, copyright policy and other provisions. By executing this Agreement, Licensee undertakes to strictly comply with the terms and condition of the Open Source Licenses, as may be amended from time to time. In order to comply with the Open Source Licenses, Licensee shall read the respective licenses or notices, such list of Open Source Licenses may be amended from time to time by Applitools, at its sole discretion. In the event of any inconsistencies or conflicting provisions between the provisions of the Open Source Licenses and the provisions of this Agreement, the provisions of the Open Source Licenses shall prevail. Without derogating from the generality of the foregoing, it is clarified that any Open Source Software is provided on an “AS IS” basis, without indemnity or warranty of any kind, whether express or implied. For clarity, the representations and warranties set forth in Section ‎4 hereunder shall not apply to any Open Source Software.\n1. Title & Ownership. APPLITOOLS DOES NOT SELL OR TRANSFER TITLE IN THE SOFTWARE, OR ANY PART THEREOF, TO LICENSEE. The Documentation, Software (excluding any Open Source Software and Third Party Software therein which are owned by their respective licensors) and/or any copies thereof, including without limitation any derivative works made (regardless of whether such derivative works were made and/or developed pursuant to the request and/or specifications of Licensee, and irrespective of any support and/or assistance Applitools may, will or had received from Licensee, or any third party on its behalf, with respect thereto), as well as any updates or upgrades thereto, if provided to Applitools pursuant to this Agreement, shall remain Applitools’ sole and exclusive property. All Intellectual Property Rights evidenced by or embodied in and/or attached/connected/related to the Software, or part thereof, are and shall be owned solely and exclusively by Applitools. Nothing in this Agreement shall constitute a waiver of Applitools’ Intellectual Property Rights under any law, or be in any way construed or interpreted as such. It is further agreed that to the extent Licensee provides Applitools with Feedback, Licensee acknowledges that any and all rights, including Intellectual Property Rights in such Feedback shall belong exclusively to Applitools and Licensee hereby irrevocably and unconditionally transfers and assigns to Applitools all intellectual property rights in such Feedback and waives any and all moral rights that Licensee may have in respect thereto. It is further understood that use of Feedback, if any, may be made by Applitools at its sole discretion, and that Applitools in no way shall be obliged to make use of any kind of the Feedback or part thereof. \n1. Warranty. Applitools warrants that to its knowledge it has the right to grant the license under this Agreement. Applitools’ sole liability for any breach of this warranty or any other warranty under this Agreement shall be, at Applitools’ sole discretion: (i) to replace or repair the Software or the applicable portion thereof; or (ii) to terminate this Agreement.\n2. Warranty Exclusions. The warranties set forth in Section ‎4 are contingent upon Licensee’s proper use of the Software, and shall not apply to damage caused by abuse, misuse, alteration, neglect or unauthorized repair or installation, or by the use or attempted use of Software other than that supplied and supported by Applitools. Applitools will use reasonable commercial efforts to repair or replace the Software or the applicable portion thereof, pursuant to the foregoing warranty within thirty (30) days of being so notified.\n1. Warranty Disclaimers. AS BETWEEN LICENSEE AND APPLITOOLS, EXCEPT AS SET IN SECTION ‎4, THE SOFTWARE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND INCLUDING, WITHOUT LIMITATION, REPRESENTATIONS, WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR INTENDED OR PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, THAT THE SOFTWARE WILL MEET LICENSEE’S REQUIREMENTS OR EXPECTATIONS OR WILL ACHIEVE ANY SPECIFIC RESULTS AND THOSE ARISING BY STATUTE OR FROM A COURSE OF DEALING OR USAGE OF TRADE. Applicable law may not allow the exclusion of certain warranties, so to that extent such exclusions may not apply.\n1. High Risk Activities. You acknowledge that the Software is not fault tolerant and is not designed, manufactured, or intended for use or resale as on-line control equipment in hazardous or high risk environments and activities requiring fail-safe performance (such as in the operation of nuclear facilities, aircraft navigation or communication systems, air traffic control, direct life support machines and/or devices, or weapons systems) in which the failure of the Software could lead directly to death, personal injury, or severe physical or environmental damage, and You agree not to use or allow the use of the Software or any portion thereof for, or in connection with, any such environment or activity.\n1. Indemnify. You agree that Applitools shall have no liability whatsoever for any use made of the Software by You or any third party. You hereby agree to defend, indemnify and hold harmless Applitools and its affiliates and their respective officers, directors, agents and employees from any and all claims, damages, liabilities, costs, and expenses (including attorney’s fees) arising from claims related to Your use of the Software as well as from Your failure to comply with this Agreement.\n1. Limitation of Liability. UNDER NO CIRCUMSTANCES SHALL APPLITOOLS AND/OR ITS AFFILIATES BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, OR FOR ANY LOSS OF DATA, REVENUE, BUSINESS OR REPUTATION, THAT ARISES UNDER OR IN CONNECTION WITH THIS AGREEMENT, OR THAT RESULTS FROM THE USE OF, OR THE INABILITY TO USE, THE SOFTWARE. APPLITOOLS’S TOTAL AGGREGATE LIABILITY FOR ANY AND ALL DIRECT DAMAGES AND LOSSES THAT ARISE UNDER OR IN CONNECTION WITH THIS AGREEMENT SHALL NOT IN ANY CIRCUMSTANCE EXCEED THE AMOUNT OF 100.00 (ONE HUNDRED) UNITED STATES DOLLARS. THE FOREGOING LIMITATIONS AND EXCLUSIONS IN THIS SECTION ‎7 SHALL APPLY: (I) EVEN IF APPLITOOLS HAS BEEN ADVISED OF THE POSSIBILITY OF ANY DAMAGES OR LOSSES; (II) EVEN IF ANY REMEDY SET FORTH HEREIN FAILS OF ITS ESSENTIAL PURPOSE; AND (III) REGARDLESS OF THE BASIS OR THEORY OF LIABILITY.\n1. Export Laws. Licensee agrees to comply fully with all U.S., EU, Israeli, and all applicable export laws and regulations to ensure that neither the Software nor any technical data related thereto are exported or re-exported directly or indirectly in violation of, or used for any purposes prohibited by, such laws and regulations. For clarity, and without derogating from Section ‎11 below, in case of any change of any applicable law, policy or regulation, which might affect Applitools’ business, Applitools will have the right to terminate this Agreement and the license granted hereunder and the Licensee shall have no claims regarding such termination. \n1. Term and Termination. This Agreement shall continue until terminated as set forth in this section (the “Term”). You may terminate this Agreement at any time by removing the Software from Your system and destroying all copies of the Software and Documentation relating to the Software. Unauthorized copying of the Software or otherwise failing to comply with this Agreement will result in automatic immediate termination of this Agreement and will make available to Applitools legal remedies. Applitools reserves the right to terminate this Agreement and the License at any time and without notice. Upon termination of this Agreement, the License will terminate and You: (i) will cease any and all rights to use the Software, and (ii) will remove the Software from all hard drives, networks and other storage media and destroy all copies of the Software in your possession or under your control. The provisions of Sections ‎2.3, ‎2.4, ‎2.5, ‎6, ‎7, ‎8, ‎9, 10, ‎11 and ‎12 shall survive the termination, expiration or other ending of this Agreement.\n1. Miscellaneous. This Agreement represents the complete agreement concerning the Software between You and Applitools and supersedes all prior agreements and representations between You and Applitools. If any provision of this Agreement is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable. Any waiver of any provision of this Agreement will be effective only if in writing and signed by Applitools. This Agreement is personal to You and may not be assigned or transferred for any reason whatsoever without the consent of Applitools and any action or conduct in violation of the foregoing shall be void and without effect. Applitools expressly reserves the right to assign this Agreement and to delegate any of its obligations hereunder. This Agreement are governed by and construed under the laws of the State of Israel, excluding its conflicts of law rules. You expressly agree that the exclusive jurisdiction for any claim or action arising out of or relating to this Agreement shall be the courts located in Tel Aviv, Israel, and You further agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action. 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BY INSTALLING, ACCESSING AND/OR USING THE SOFTWARE (AS DEFINED BELOW), YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOU, OR THE COMPANY YOU REPRESENT, (“YOU” OR “LICENSEE”) ARE ENTERING INTO A LEGAL AGREEMENT WITH APPLITOOLS LTD. AND ITS AFFILIATES (“APPLITOOLS”), AND HAVE UNDERSTOOD AND AGREE TO COMPLY WITH, AND BE LEGALLY BOUND BY, THE TERMS AND CONDITIONS OF THIS AGREEMENT. YOU HEREBY WAIVE ANY RIGHTS OR REQUIREMENTS UNDER ANY LAWS OR REGULATIONS IN ANY JURISDICTION WHICH REQUIRE AN ORIGINAL (NON-ELECTRONIC) SIGNATURE OR DELIVERY OR RETENTION OF NON-ELECTRONIC RECORDS, TO THE EXTENT PERMITTED UNDER APPLICABLE LAW. \nTHE SOFTWARE MAY BE USED SOLELY FOR YOUR PERSONAL, NON-COMMERCIAL PURPOSES. FOR COMMERCIAL PURPOSES PLEASE CONTACT THE REGIONAL APPLITOOLS BUSINESS REPRESENTATIVE. \n1. Definitions. For purposes of this Agreement, the following capitalized terms shall have the following meaning:\n   1. “Documentation” means the user’s guides and technical manuals delivered by Applitools to Licensee.\n   2.  “Feedback” means suggestions, comments or feedback (whether orally or in writing) with respect to the Software.\n   3. “Intellectual Property Rights” means all intangible legal rights, titles and interests evidenced by or embodied in all: (i) inventions (regardless of patentability and whether or not reduced to practice), improvements thereto, patents, patent applications, patent disclosures, together with all reissuances, continuations, continuations in part, revisions, extensions and reexaminations thereof; (ii) trademarks, service marks, trade dress, logos, trade names, corporate names, together with translations, adaptations, derivations and combinations thereof, including goodwill associated therewith, and applications, registrations, and renewals in connection therewith; (iii) any work of authorship, regardless of copyrightable, copyrightable works, copyrights (including moral rights), and applications, registrations and renewals in connection therewith; (iv) mask works and applications, registrations and renewals in connection therewith; (v) trade secrets and Confidential Information; and (vi) other proprietary rights and any other similar rights, in each case on a worldwide basis, and copies and tangible embodiments thereof, in whatever form or medium.\n   4. “License” means the right to use the Software pursuant to Section ‎2.1 to this Agreement.\n   5.  “Software” means Applitools’ software development kit software in object or source code version, Documentation and any updates and upgrade thereto (to the extent delivered).\n1. License\n   1. Grant of License. Subject to the terms and conditions of this Agreement, Applitools grants You, during the Term, a personal, non-exclusive, non-sublicensable, non-transferable, revocable license to: (i) use the Software solely for Your own personal (non-commercial) use and (ii) use and display Applitools’ Marks solely for the purpose of publicizing or advertising that You are using the Software. \n   2. Documentation. Applitools may make available Documentation to Licensee for Licensee to use solely in connection with Licensee’s use of the Software during the term of this Agreement. Licensee may print or copy the Documentation as needed for its own purposes provided that all copyright notices are included therein. The Documentation shall be considered the Confidential Information of Applitools. \n   1. Reservation of Rights; Use Restrictions. Other than the rights explicitly granted in this Agreement, Licensee shall have no other rights, express or implied, in the Software. Without limiting the generality of the foregoing, Licensee agrees and undertakes not to: (i) allow any third party to use the Software in any manner, including but not limited to, sell, lease, sublicense or distribute the Software, or any part thereof; (ii) modify, revise, or alter the Software or reverse engineer, decompile, disassemble or otherwise reduce to human-perceivable form the Software’s source code; (iii) copy or allow copies of the Software to be made; (iv) remove, alter or obscure any proprietary notice or identification, including copyright, trademark, patent or other notices, contained in or displayed on or via the Software; (v) use the Software to violate any applicable laws, rules or regulations, or for any unlawful, harmful, irresponsible, or inappropriate purpose, or in any manner that breaches this Agreement, and/or (vi) represent that it possesses any proprietary interest in the Software.\n   1. Third Party Software. Licensee acknowledges and agrees that any third party software (“Third Party Software”) that provided with the Software is provided under the terms of the license attached/linked thereto or, if no such license is attached, such Third Party Software is provided for free and on “AS IS” basis. Applitools is not liable for any losses or damages which may occur resulting from the use of any Third Party Software. Applitools does not possess any proprietary interest in such Third Party Software. \n   1. Open Source Licenses. The Software includes certain open source code software and materials (as shall be listed in the documentation of the Software) (“Open Source Software”) that are subject to their respective open source licenses (“Open Source Licenses”). Such Open Source Licenses contain a list of conditions with respect to warranty, copyright policy and other provisions. By executing this Agreement, Licensee undertakes to strictly comply with the terms and condition of the Open Source Licenses, as may be amended from time to time. In order to comply with the Open Source Licenses, Licensee shall read the respective licenses or notices, such list of Open Source Licenses may be amended from time to time by Applitools, at its sole discretion. In the event of any inconsistencies or conflicting provisions between the provisions of the Open Source Licenses and the provisions of this Agreement, the provisions of the Open Source Licenses shall prevail. Without derogating from the generality of the foregoing, it is clarified that any Open Source Software is provided on an “AS IS” basis, without indemnity or warranty of any kind, whether express or implied. For clarity, the representations and warranties set forth in Section ‎4 hereunder shall not apply to any Open Source Software.\n1. Title & Ownership. APPLITOOLS DOES NOT SELL OR TRANSFER TITLE IN THE SOFTWARE, OR ANY PART THEREOF, TO LICENSEE. The Documentation, Software (excluding any Open Source Software and Third Party Software therein which are owned by their respective licensors) and/or any copies thereof, including without limitation any derivative works made (regardless of whether such derivative works were made and/or developed pursuant to the request and/or specifications of Licensee, and irrespective of any support and/or assistance Applitools may, will or had received from Licensee, or any third party on its behalf, with respect thereto), as well as any updates or upgrades thereto, if provided to Applitools pursuant to this Agreement, shall remain Applitools’ sole and exclusive property. All Intellectual Property Rights evidenced by or embodied in and/or attached/connected/related to the Software, or part thereof, are and shall be owned solely and exclusively by Applitools. Nothing in this Agreement shall constitute a waiver of Applitools’ Intellectual Property Rights under any law, or be in any way construed or interpreted as such. It is further agreed that to the extent Licensee provides Applitools with Feedback, Licensee acknowledges that any and all rights, including Intellectual Property Rights in such Feedback shall belong exclusively to Applitools and Licensee hereby irrevocably and unconditionally transfers and assigns to Applitools all intellectual property rights in such Feedback and waives any and all moral rights that Licensee may have in respect thereto. It is further understood that use of Feedback, if any, may be made by Applitools at its sole discretion, and that Applitools in no way shall be obliged to make use of any kind of the Feedback or part thereof. \n1. Warranty. Applitools warrants that to its knowledge it has the right to grant the license under this Agreement. Applitools’ sole liability for any breach of this warranty or any other warranty under this Agreement shall be, at Applitools’ sole discretion: (i) to replace or repair the Software or the applicable portion thereof; or (ii) to terminate this Agreement.\n2. Warranty Exclusions. The warranties set forth in Section ‎4 are contingent upon Licensee’s proper use of the Software, and shall not apply to damage caused by abuse, misuse, alteration, neglect or unauthorized repair or installation, or by the use or attempted use of Software other than that supplied and supported by Applitools. Applitools will use reasonable commercial efforts to repair or replace the Software or the applicable portion thereof, pursuant to the foregoing warranty within thirty (30) days of being so notified.\n1. Warranty Disclaimers. AS BETWEEN LICENSEE AND APPLITOOLS, EXCEPT AS SET IN SECTION ‎4, THE SOFTWARE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND INCLUDING, WITHOUT LIMITATION, REPRESENTATIONS, WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR INTENDED OR PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, THAT THE SOFTWARE WILL MEET LICENSEE’S REQUIREMENTS OR EXPECTATIONS OR WILL ACHIEVE ANY SPECIFIC RESULTS AND THOSE ARISING BY STATUTE OR FROM A COURSE OF DEALING OR USAGE OF TRADE. Applicable law may not allow the exclusion of certain warranties, so to that extent such exclusions may not apply.\n1. High Risk Activities. You acknowledge that the Software is not fault tolerant and is not designed, manufactured, or intended for use or resale as on-line control equipment in hazardous or high risk environments and activities requiring fail-safe performance (such as in the operation of nuclear facilities, aircraft navigation or communication systems, air traffic control, direct life support machines and/or devices, or weapons systems) in which the failure of the Software could lead directly to death, personal injury, or severe physical or environmental damage, and You agree not to use or allow the use of the Software or any portion thereof for, or in connection with, any such environment or activity.\n1. Indemnify. You agree that Applitools shall have no liability whatsoever for any use made of the Software by You or any third party. You hereby agree to defend, indemnify and hold harmless Applitools and its affiliates and their respective officers, directors, agents and employees from any and all claims, damages, liabilities, costs, and expenses (including attorney’s fees) arising from claims related to Your use of the Software as well as from Your failure to comply with this Agreement.\n1. Limitation of Liability. UNDER NO CIRCUMSTANCES SHALL APPLITOOLS AND/OR ITS AFFILIATES BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, OR FOR ANY LOSS OF DATA, REVENUE, BUSINESS OR REPUTATION, THAT ARISES UNDER OR IN CONNECTION WITH THIS AGREEMENT, OR THAT RESULTS FROM THE USE OF, OR THE INABILITY TO USE, THE SOFTWARE. APPLITOOLS’S TOTAL AGGREGATE LIABILITY FOR ANY AND ALL DIRECT DAMAGES AND LOSSES THAT ARISE UNDER OR IN CONNECTION WITH THIS AGREEMENT SHALL NOT IN ANY CIRCUMSTANCE EXCEED THE AMOUNT OF 100.00 (ONE HUNDRED) UNITED STATES DOLLARS. THE FOREGOING LIMITATIONS AND EXCLUSIONS IN THIS SECTION ‎7 SHALL APPLY: (I) EVEN IF APPLITOOLS HAS BEEN ADVISED OF THE POSSIBILITY OF ANY DAMAGES OR LOSSES; (II) EVEN IF ANY REMEDY SET FORTH HEREIN FAILS OF ITS ESSENTIAL PURPOSE; AND (III) REGARDLESS OF THE BASIS OR THEORY OF LIABILITY.\n1. Export Laws. Licensee agrees to comply fully with all U.S., EU, Israeli, and all applicable export laws and regulations to ensure that neither the Software nor any technical data related thereto are exported or re-exported directly or indirectly in violation of, or used for any purposes prohibited by, such laws and regulations. For clarity, and without derogating from Section ‎11 below, in case of any change of any applicable law, policy or regulation, which might affect Applitools’ business, Applitools will have the right to terminate this Agreement and the license granted hereunder and the Licensee shall have no claims regarding such termination. \n1. Term and Termination. This Agreement shall continue until terminated as set forth in this section (the “Term”). You may terminate this Agreement at any time by removing the Software from Your system and destroying all copies of the Software and Documentation relating to the Software. Unauthorized copying of the Software or otherwise failing to comply with this Agreement will result in automatic immediate termination of this Agreement and will make available to Applitools legal remedies. Applitools reserves the right to terminate this Agreement and the License at any time and without notice. Upon termination of this Agreement, the License will terminate and You: (i) will cease any and all rights to use the Software, and (ii) will remove the Software from all hard drives, networks and other storage media and destroy all copies of the Software in your possession or under your control. The provisions of Sections ‎2.3, ‎2.4, ‎2.5, ‎6, ‎7, ‎8, ‎9, 10, ‎11 and ‎12 shall survive the termination, expiration or other ending of this Agreement.\n1. Miscellaneous. This Agreement represents the complete agreement concerning the Software between You and Applitools and supersedes all prior agreements and representations between You and Applitools. If any provision of this Agreement is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable. Any waiver of any provision of this Agreement will be effective only if in writing and signed by Applitools. This Agreement is personal to You and may not be assigned or transferred for any reason whatsoever without the consent of Applitools and any action or conduct in violation of the foregoing shall be void and without effect. Applitools expressly reserves the right to assign this Agreement and to delegate any of its obligations hereunder. This Agreement are governed by and construed under the laws of the State of Israel, excluding its conflicts of law rules. You expressly agree that the exclusive jurisdiction for any claim or action arising out of or relating to this Agreement shall be the courts located in Tel Aviv, Israel, and You further agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action. 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BY INSTALLING, ACCESSING AND/OR USING THE SOFTWARE (AS DEFINED BELOW), YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOU, OR THE COMPANY YOU REPRESENT, (“YOU” OR “LICENSEE”) ARE ENTERING INTO A LEGAL AGREEMENT WITH APPLITOOLS LTD. AND ITS AFFILIATES (“APPLITOOLS”), AND HAVE UNDERSTOOD AND AGREE TO COMPLY WITH, AND BE LEGALLY BOUND BY, THE TERMS AND CONDITIONS OF THIS AGREEMENT. YOU HEREBY WAIVE ANY RIGHTS OR REQUIREMENTS UNDER ANY LAWS OR REGULATIONS IN ANY JURISDICTION WHICH REQUIRE AN ORIGINAL (NON-ELECTRONIC) SIGNATURE OR DELIVERY OR RETENTION OF NON-ELECTRONIC RECORDS, TO THE EXTENT PERMITTED UNDER APPLICABLE LAW. \nTHE SOFTWARE MAY BE USED SOLELY FOR YOUR PERSONAL, NON-COMMERCIAL PURPOSES. FOR COMMERCIAL PURPOSES PLEASE CONTACT THE REGIONAL APPLITOOLS BUSINESS REPRESENTATIVE. \n1. Definitions. For purposes of this Agreement, the following capitalized terms shall have the following meaning:\n   1. “Documentation” means the user’s guides and technical manuals delivered by Applitools to Licensee.\n   2.  “Feedback” means suggestions, comments or feedback (whether orally or in writing) with respect to the Software.\n   3. “Intellectual Property Rights” means all intangible legal rights, titles and interests evidenced by or embodied in all: (i) inventions (regardless of patentability and whether or not reduced to practice), improvements thereto, patents, patent applications, patent disclosures, together with all reissuances, continuations, continuations in part, revisions, extensions and reexaminations thereof; (ii) trademarks, service marks, trade dress, logos, trade names, corporate names, together with translations, adaptations, derivations and combinations thereof, including goodwill associated therewith, and applications, registrations, and renewals in connection therewith; (iii) any work of authorship, regardless of copyrightable, copyrightable works, copyrights (including moral rights), and applications, registrations and renewals in connection therewith; (iv) mask works and applications, registrations and renewals in connection therewith; (v) trade secrets and Confidential Information; and (vi) other proprietary rights and any other similar rights, in each case on a worldwide basis, and copies and tangible embodiments thereof, in whatever form or medium.\n   4. “License” means the right to use the Software pursuant to Section ‎2.1 to this Agreement.\n   5.  “Software” means Applitools’ software development kit software in object or source code version, Documentation and any updates and upgrade thereto (to the extent delivered).\n1. License\n   1. Grant of License. Subject to the terms and conditions of this Agreement, Applitools grants You, during the Term, a personal, non-exclusive, non-sublicensable, non-transferable, revocable license to: (i) use the Software solely for Your own personal (non-commercial) use and (ii) use and display Applitools’ Marks solely for the purpose of publicizing or advertising that You are using the Software. \n   2. Documentation. Applitools may make available Documentation to Licensee for Licensee to use solely in connection with Licensee’s use of the Software during the term of this Agreement. Licensee may print or copy the Documentation as needed for its own purposes provided that all copyright notices are included therein. The Documentation shall be considered the Confidential Information of Applitools. \n   1. Reservation of Rights; Use Restrictions. Other than the rights explicitly granted in this Agreement, Licensee shall have no other rights, express or implied, in the Software. Without limiting the generality of the foregoing, Licensee agrees and undertakes not to: (i) allow any third party to use the Software in any manner, including but not limited to, sell, lease, sublicense or distribute the Software, or any part thereof; (ii) modify, revise, or alter the Software or reverse engineer, decompile, disassemble or otherwise reduce to human-perceivable form the Software’s source code; (iii) copy or allow copies of the Software to be made; (iv) remove, alter or obscure any proprietary notice or identification, including copyright, trademark, patent or other notices, contained in or displayed on or via the Software; (v) use the Software to violate any applicable laws, rules or regulations, or for any unlawful, harmful, irresponsible, or inappropriate purpose, or in any manner that breaches this Agreement, and/or (vi) represent that it possesses any proprietary interest in the Software.\n   1. Third Party Software. Licensee acknowledges and agrees that any third party software (“Third Party Software”) that provided with the Software is provided under the terms of the license attached/linked thereto or, if no such license is attached, such Third Party Software is provided for free and on “AS IS” basis. Applitools is not liable for any losses or damages which may occur resulting from the use of any Third Party Software. Applitools does not possess any proprietary interest in such Third Party Software. \n   1. Open Source Licenses. The Software includes certain open source code software and materials (as shall be listed in the documentation of the Software) (“Open Source Software”) that are subject to their respective open source licenses (“Open Source Licenses”). Such Open Source Licenses contain a list of conditions with respect to warranty, copyright policy and other provisions. By executing this Agreement, Licensee undertakes to strictly comply with the terms and condition of the Open Source Licenses, as may be amended from time to time. In order to comply with the Open Source Licenses, Licensee shall read the respective licenses or notices, such list of Open Source Licenses may be amended from time to time by Applitools, at its sole discretion. In the event of any inconsistencies or conflicting provisions between the provisions of the Open Source Licenses and the provisions of this Agreement, the provisions of the Open Source Licenses shall prevail. Without derogating from the generality of the foregoing, it is clarified that any Open Source Software is provided on an “AS IS” basis, without indemnity or warranty of any kind, whether express or implied. For clarity, the representations and warranties set forth in Section ‎4 hereunder shall not apply to any Open Source Software.\n1. Title & Ownership. APPLITOOLS DOES NOT SELL OR TRANSFER TITLE IN THE SOFTWARE, OR ANY PART THEREOF, TO LICENSEE. The Documentation, Software (excluding any Open Source Software and Third Party Software therein which are owned by their respective licensors) and/or any copies thereof, including without limitation any derivative works made (regardless of whether such derivative works were made and/or developed pursuant to the request and/or specifications of Licensee, and irrespective of any support and/or assistance Applitools may, will or had received from Licensee, or any third party on its behalf, with respect thereto), as well as any updates or upgrades thereto, if provided to Applitools pursuant to this Agreement, shall remain Applitools’ sole and exclusive property. All Intellectual Property Rights evidenced by or embodied in and/or attached/connected/related to the Software, or part thereof, are and shall be owned solely and exclusively by Applitools. Nothing in this Agreement shall constitute a waiver of Applitools’ Intellectual Property Rights under any law, or be in any way construed or interpreted as such. It is further agreed that to the extent Licensee provides Applitools with Feedback, Licensee acknowledges that any and all rights, including Intellectual Property Rights in such Feedback shall belong exclusively to Applitools and Licensee hereby irrevocably and unconditionally transfers and assigns to Applitools all intellectual property rights in such Feedback and waives any and all moral rights that Licensee may have in respect thereto. It is further understood that use of Feedback, if any, may be made by Applitools at its sole discretion, and that Applitools in no way shall be obliged to make use of any kind of the Feedback or part thereof. \n1. Warranty. Applitools warrants that to its knowledge it has the right to grant the license under this Agreement. Applitools’ sole liability for any breach of this warranty or any other warranty under this Agreement shall be, at Applitools’ sole discretion: (i) to replace or repair the Software or the applicable portion thereof; or (ii) to terminate this Agreement.\n2. Warranty Exclusions. The warranties set forth in Section ‎4 are contingent upon Licensee’s proper use of the Software, and shall not apply to damage caused by abuse, misuse, alteration, neglect or unauthorized repair or installation, or by the use or attempted use of Software other than that supplied and supported by Applitools. Applitools will use reasonable commercial efforts to repair or replace the Software or the applicable portion thereof, pursuant to the foregoing warranty within thirty (30) days of being so notified.\n1. Warranty Disclaimers. AS BETWEEN LICENSEE AND APPLITOOLS, EXCEPT AS SET IN SECTION ‎4, THE SOFTWARE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND INCLUDING, WITHOUT LIMITATION, REPRESENTATIONS, WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR INTENDED OR PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, THAT THE SOFTWARE WILL MEET LICENSEE’S REQUIREMENTS OR EXPECTATIONS OR WILL ACHIEVE ANY SPECIFIC RESULTS AND THOSE ARISING BY STATUTE OR FROM A COURSE OF DEALING OR USAGE OF TRADE. Applicable law may not allow the exclusion of certain warranties, so to that extent such exclusions may not apply.\n1. High Risk Activities. You acknowledge that the Software is not fault tolerant and is not designed, manufactured, or intended for use or resale as on-line control equipment in hazardous or high risk environments and activities requiring fail-safe performance (such as in the operation of nuclear facilities, aircraft navigation or communication systems, air traffic control, direct life support machines and/or devices, or weapons systems) in which the failure of the Software could lead directly to death, personal injury, or severe physical or environmental damage, and You agree not to use or allow the use of the Software or any portion thereof for, or in connection with, any such environment or activity.\n1. Indemnify. You agree that Applitools shall have no liability whatsoever for any use made of the Software by You or any third party. You hereby agree to defend, indemnify and hold harmless Applitools and its affiliates and their respective officers, directors, agents and employees from any and all claims, damages, liabilities, costs, and expenses (including attorney’s fees) arising from claims related to Your use of the Software as well as from Your failure to comply with this Agreement.\n1. Limitation of Liability. UNDER NO CIRCUMSTANCES SHALL APPLITOOLS AND/OR ITS AFFILIATES BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, OR FOR ANY LOSS OF DATA, REVENUE, BUSINESS OR REPUTATION, THAT ARISES UNDER OR IN CONNECTION WITH THIS AGREEMENT, OR THAT RESULTS FROM THE USE OF, OR THE INABILITY TO USE, THE SOFTWARE. APPLITOOLS’S TOTAL AGGREGATE LIABILITY FOR ANY AND ALL DIRECT DAMAGES AND LOSSES THAT ARISE UNDER OR IN CONNECTION WITH THIS AGREEMENT SHALL NOT IN ANY CIRCUMSTANCE EXCEED THE AMOUNT OF 100.00 (ONE HUNDRED) UNITED STATES DOLLARS. THE FOREGOING LIMITATIONS AND EXCLUSIONS IN THIS SECTION ‎7 SHALL APPLY: (I) EVEN IF APPLITOOLS HAS BEEN ADVISED OF THE POSSIBILITY OF ANY DAMAGES OR LOSSES; (II) EVEN IF ANY REMEDY SET FORTH HEREIN FAILS OF ITS ESSENTIAL PURPOSE; AND (III) REGARDLESS OF THE BASIS OR THEORY OF LIABILITY.\n1. Export Laws. Licensee agrees to comply fully with all U.S., EU, Israeli, and all applicable export laws and regulations to ensure that neither the Software nor any technical data related thereto are exported or re-exported directly or indirectly in violation of, or used for any purposes prohibited by, such laws and regulations. For clarity, and without derogating from Section ‎11 below, in case of any change of any applicable law, policy or regulation, which might affect Applitools’ business, Applitools will have the right to terminate this Agreement and the license granted hereunder and the Licensee shall have no claims regarding such termination. \n1. Term and Termination. This Agreement shall continue until terminated as set forth in this section (the “Term”). You may terminate this Agreement at any time by removing the Software from Your system and destroying all copies of the Software and Documentation relating to the Software. Unauthorized copying of the Software or otherwise failing to comply with this Agreement will result in automatic immediate termination of this Agreement and will make available to Applitools legal remedies. Applitools reserves the right to terminate this Agreement and the License at any time and without notice. Upon termination of this Agreement, the License will terminate and You: (i) will cease any and all rights to use the Software, and (ii) will remove the Software from all hard drives, networks and other storage media and destroy all copies of the Software in your possession or under your control. The provisions of Sections ‎2.3, ‎2.4, ‎2.5, ‎6, ‎7, ‎8, ‎9, 10, ‎11 and ‎12 shall survive the termination, expiration or other ending of this Agreement.\n1. Miscellaneous. This Agreement represents the complete agreement concerning the Software between You and Applitools and supersedes all prior agreements and representations between You and Applitools. If any provision of this Agreement is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable. Any waiver of any provision of this Agreement will be effective only if in writing and signed by Applitools. This Agreement is personal to You and may not be assigned or transferred for any reason whatsoever without the consent of Applitools and any action or conduct in violation of the foregoing shall be void and without effect. Applitools expressly reserves the right to assign this Agreement and to delegate any of its obligations hereunder. This Agreement are governed by and construed under the laws of the State of Israel, excluding its conflicts of law rules. You expressly agree that the exclusive jurisdiction for any claim or action arising out of or relating to this Agreement shall be the courts located in Tel Aviv, Israel, and You further agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action. In any action or proceeding to enforce rights under this Agreement, the prevailing party shall be entitled to recover costs and attorneys’ 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BY INSTALLING, ACCESSING AND/OR USING THE SOFTWARE (AS DEFINED BELOW), YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOU, OR THE COMPANY YOU REPRESENT, (“YOU” OR “LICENSEE”) ARE ENTERING INTO A LEGAL AGREEMENT WITH APPLITOOLS LTD. AND ITS AFFILIATES (“APPLITOOLS”), AND HAVE UNDERSTOOD AND AGREE TO COMPLY WITH, AND BE LEGALLY BOUND BY, THE TERMS AND CONDITIONS OF THIS AGREEMENT. YOU HEREBY WAIVE ANY RIGHTS OR REQUIREMENTS UNDER ANY LAWS OR REGULATIONS IN ANY JURISDICTION WHICH REQUIRE AN ORIGINAL (NON-ELECTRONIC) SIGNATURE OR DELIVERY OR RETENTION OF NON-ELECTRONIC RECORDS, TO THE EXTENT PERMITTED UNDER APPLICABLE LAW. \nTHE SOFTWARE MAY BE USED SOLELY FOR YOUR PERSONAL, NON-COMMERCIAL PURPOSES. FOR COMMERCIAL PURPOSES PLEASE CONTACT THE REGIONAL APPLITOOLS BUSINESS REPRESENTATIVE. \n1. Definitions. For purposes of this Agreement, the following capitalized terms shall have the following meaning:\n   1. “Documentation” means the user’s guides and technical manuals delivered by Applitools to Licensee.\n   2.  “Feedback” means suggestions, comments or feedback (whether orally or in writing) with respect to the Software.\n   3. “Intellectual Property Rights” means all intangible legal rights, titles and interests evidenced by or embodied in all: (i) inventions (regardless of patentability and whether or not reduced to practice), improvements thereto, patents, patent applications, patent disclosures, together with all reissuances, continuations, continuations in part, revisions, extensions and reexaminations thereof; (ii) trademarks, service marks, trade dress, logos, trade names, corporate names, together with translations, adaptations, derivations and combinations thereof, including goodwill associated therewith, and applications, registrations, and renewals in connection therewith; (iii) any work of authorship, regardless of copyrightable, copyrightable works, copyrights (including moral rights), and applications, registrations and renewals in connection therewith; (iv) mask works and applications, registrations and renewals in connection therewith; (v) trade secrets and Confidential Information; and (vi) other proprietary rights and any other similar rights, in each case on a worldwide basis, and copies and tangible embodiments thereof, in whatever form or medium.\n   4. “License” means the right to use the Software pursuant to Section ‎2.1 to this Agreement.\n   5.  “Software” means Applitools’ software development kit software in object or source code version, Documentation and any updates and upgrade thereto (to the extent delivered).\n1. License\n   1. Grant of License. Subject to the terms and conditions of this Agreement, Applitools grants You, during the Term, a personal, non-exclusive, non-sublicensable, non-transferable, revocable license to: (i) use the Software solely for Your own personal (non-commercial) use and (ii) use and display Applitools’ Marks solely for the purpose of publicizing or advertising that You are using the Software. \n   2. Documentation. Applitools may make available Documentation to Licensee for Licensee to use solely in connection with Licensee’s use of the Software during the term of this Agreement. Licensee may print or copy the Documentation as needed for its own purposes provided that all copyright notices are included therein. The Documentation shall be considered the Confidential Information of Applitools. \n   1. Reservation of Rights; Use Restrictions. Other than the rights explicitly granted in this Agreement, Licensee shall have no other rights, express or implied, in the Software. Without limiting the generality of the foregoing, Licensee agrees and undertakes not to: (i) allow any third party to use the Software in any manner, including but not limited to, sell, lease, sublicense or distribute the Software, or any part thereof; (ii) modify, revise, or alter the Software or reverse engineer, decompile, disassemble or otherwise reduce to human-perceivable form the Software’s source code; (iii) copy or allow copies of the Software to be made; (iv) remove, alter or obscure any proprietary notice or identification, including copyright, trademark, patent or other notices, contained in or displayed on or via the Software; (v) use the Software to violate any applicable laws, rules or regulations, or for any unlawful, harmful, irresponsible, or inappropriate purpose, or in any manner that breaches this Agreement, and/or (vi) represent that it possesses any proprietary interest in the Software.\n   1. Third Party Software. Licensee acknowledges and agrees that any third party software (“Third Party Software”) that provided with the Software is provided under the terms of the license attached/linked thereto or, if no such license is attached, such Third Party Software is provided for free and on “AS IS” basis. Applitools is not liable for any losses or damages which may occur resulting from the use of any Third Party Software. Applitools does not possess any proprietary interest in such Third Party Software. \n   1. Open Source Licenses. The Software includes certain open source code software and materials (as shall be listed in the documentation of the Software) (“Open Source Software”) that are subject to their respective open source licenses (“Open Source Licenses”). Such Open Source Licenses contain a list of conditions with respect to warranty, copyright policy and other provisions. By executing this Agreement, Licensee undertakes to strictly comply with the terms and condition of the Open Source Licenses, as may be amended from time to time. In order to comply with the Open Source Licenses, Licensee shall read the respective licenses or notices, such list of Open Source Licenses may be amended from time to time by Applitools, at its sole discretion. In the event of any inconsistencies or conflicting provisions between the provisions of the Open Source Licenses and the provisions of this Agreement, the provisions of the Open Source Licenses shall prevail. Without derogating from the generality of the foregoing, it is clarified that any Open Source Software is provided on an “AS IS” basis, without indemnity or warranty of any kind, whether express or implied. For clarity, the representations and warranties set forth in Section ‎4 hereunder shall not apply to any Open Source Software.\n1. Title & Ownership. APPLITOOLS DOES NOT SELL OR TRANSFER TITLE IN THE SOFTWARE, OR ANY PART THEREOF, TO LICENSEE. The Documentation, Software (excluding any Open Source Software and Third Party Software therein which are owned by their respective licensors) and/or any copies thereof, including without limitation any derivative works made (regardless of whether such derivative works were made and/or developed pursuant to the request and/or specifications of Licensee, and irrespective of any support and/or assistance Applitools may, will or had received from Licensee, or any third party on its behalf, with respect thereto), as well as any updates or upgrades thereto, if provided to Applitools pursuant to this Agreement, shall remain Applitools’ sole and exclusive property. All Intellectual Property Rights evidenced by or embodied in and/or attached/connected/related to the Software, or part thereof, are and shall be owned solely and exclusively by Applitools. Nothing in this Agreement shall constitute a waiver of Applitools’ Intellectual Property Rights under any law, or be in any way construed or interpreted as such. It is further agreed that to the extent Licensee provides Applitools with Feedback, Licensee acknowledges that any and all rights, including Intellectual Property Rights in such Feedback shall belong exclusively to Applitools and Licensee hereby irrevocably and unconditionally transfers and assigns to Applitools all intellectual property rights in such Feedback and waives any and all moral rights that Licensee may have in respect thereto. It is further understood that use of Feedback, if any, may be made by Applitools at its sole discretion, and that Applitools in no way shall be obliged to make use of any kind of the Feedback or part thereof. \n1. Warranty. Applitools warrants that to its knowledge it has the right to grant the license under this Agreement. Applitools’ sole liability for any breach of this warranty or any other warranty under this Agreement shall be, at Applitools’ sole discretion: (i) to replace or repair the Software or the applicable portion thereof; or (ii) to terminate this Agreement.\n2. Warranty Exclusions. The warranties set forth in Section ‎4 are contingent upon Licensee’s proper use of the Software, and shall not apply to damage caused by abuse, misuse, alteration, neglect or unauthorized repair or installation, or by the use or attempted use of Software other than that supplied and supported by Applitools. Applitools will use reasonable commercial efforts to repair or replace the Software or the applicable portion thereof, pursuant to the foregoing warranty within thirty (30) days of being so notified.\n1. Warranty Disclaimers. AS BETWEEN LICENSEE AND APPLITOOLS, EXCEPT AS SET IN SECTION ‎4, THE SOFTWARE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND INCLUDING, WITHOUT LIMITATION, REPRESENTATIONS, WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR INTENDED OR PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, THAT THE SOFTWARE WILL MEET LICENSEE’S REQUIREMENTS OR EXPECTATIONS OR WILL ACHIEVE ANY SPECIFIC RESULTS AND THOSE ARISING BY STATUTE OR FROM A COURSE OF DEALING OR USAGE OF TRADE. Applicable law may not allow the exclusion of certain warranties, so to that extent such exclusions may not apply.\n1. High Risk Activities. You acknowledge that the Software is not fault tolerant and is not designed, manufactured, or intended for use or resale as on-line control equipment in hazardous or high risk environments and activities requiring fail-safe performance (such as in the operation of nuclear facilities, aircraft navigation or communication systems, air traffic control, direct life support machines and/or devices, or weapons systems) in which the failure of the Software could lead directly to death, personal injury, or severe physical or environmental damage, and You agree not to use or allow the use of the Software or any portion thereof for, or in connection with, any such environment or activity.\n1. Indemnify. You agree that Applitools shall have no liability whatsoever for any use made of the Software by You or any third party. You hereby agree to defend, indemnify and hold harmless Applitools and its affiliates and their respective officers, directors, agents and employees from any and all claims, damages, liabilities, costs, and expenses (including attorney’s fees) arising from claims related to Your use of the Software as well as from Your failure to comply with this Agreement.\n1. Limitation of Liability. UNDER NO CIRCUMSTANCES SHALL APPLITOOLS AND/OR ITS AFFILIATES BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, OR FOR ANY LOSS OF DATA, REVENUE, BUSINESS OR REPUTATION, THAT ARISES UNDER OR IN CONNECTION WITH THIS AGREEMENT, OR THAT RESULTS FROM THE USE OF, OR THE INABILITY TO USE, THE SOFTWARE. APPLITOOLS’S TOTAL AGGREGATE LIABILITY FOR ANY AND ALL DIRECT DAMAGES AND LOSSES THAT ARISE UNDER OR IN CONNECTION WITH THIS AGREEMENT SHALL NOT IN ANY CIRCUMSTANCE EXCEED THE AMOUNT OF 100.00 (ONE HUNDRED) UNITED STATES DOLLARS. THE FOREGOING LIMITATIONS AND EXCLUSIONS IN THIS SECTION ‎7 SHALL APPLY: (I) EVEN IF APPLITOOLS HAS BEEN ADVISED OF THE POSSIBILITY OF ANY DAMAGES OR LOSSES; (II) EVEN IF ANY REMEDY SET FORTH HEREIN FAILS OF ITS ESSENTIAL PURPOSE; AND (III) REGARDLESS OF THE BASIS OR THEORY OF LIABILITY.\n1. Export Laws. Licensee agrees to comply fully with all U.S., EU, Israeli, and all applicable export laws and regulations to ensure that neither the Software nor any technical data related thereto are exported or re-exported directly or indirectly in violation of, or used for any purposes prohibited by, such laws and regulations. For clarity, and without derogating from Section ‎11 below, in case of any change of any applicable law, policy or regulation, which might affect Applitools’ business, Applitools will have the right to terminate this Agreement and the license granted hereunder and the Licensee shall have no claims regarding such termination. \n1. Term and Termination. This Agreement shall continue until terminated as set forth in this section (the “Term”). You may terminate this Agreement at any time by removing the Software from Your system and destroying all copies of the Software and Documentation relating to the Software. Unauthorized copying of the Software or otherwise failing to comply with this Agreement will result in automatic immediate termination of this Agreement and will make available to Applitools legal remedies. Applitools reserves the right to terminate this Agreement and the License at any time and without notice. Upon termination of this Agreement, the License will terminate and You: (i) will cease any and all rights to use the Software, and (ii) will remove the Software from all hard drives, networks and other storage media and destroy all copies of the Software in your possession or under your control. 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This Agreement are governed by and construed under the laws of the State of Israel, excluding its conflicts of law rules. You expressly agree that the exclusive jurisdiction for any claim or action arising out of or relating to this Agreement shall be the courts located in Tel Aviv, Israel, and You further agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action. 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BY INSTALLING, ACCESSING AND/OR USING THE SOFTWARE (AS DEFINED BELOW), YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOU, OR THE COMPANY YOU REPRESENT, (“YOU” OR “LICENSEE”) ARE ENTERING INTO A LEGAL AGREEMENT WITH APPLITOOLS LTD. AND ITS AFFILIATES (“APPLITOOLS”), AND HAVE UNDERSTOOD AND AGREE TO COMPLY WITH, AND BE LEGALLY BOUND BY, THE TERMS AND CONDITIONS OF THIS AGREEMENT. YOU HEREBY WAIVE ANY RIGHTS OR REQUIREMENTS UNDER ANY LAWS OR REGULATIONS IN ANY JURISDICTION WHICH REQUIRE AN ORIGINAL (NON-ELECTRONIC) SIGNATURE OR DELIVERY OR RETENTION OF NON-ELECTRONIC RECORDS, TO THE EXTENT PERMITTED UNDER APPLICABLE LAW. \nTHE SOFTWARE MAY BE USED SOLELY FOR YOUR PERSONAL, NON-COMMERCIAL PURPOSES. FOR COMMERCIAL PURPOSES PLEASE CONTACT THE REGIONAL APPLITOOLS BUSINESS REPRESENTATIVE. \n1. Definitions. For purposes of this Agreement, the following capitalized terms shall have the following meaning:\n   1. “Documentation” means the user’s guides and technical manuals delivered by Applitools to Licensee.\n   2.  “Feedback” means suggestions, comments or feedback (whether orally or in writing) with respect to the Software.\n   3. “Intellectual Property Rights” means all intangible legal rights, titles and interests evidenced by or embodied in all: (i) inventions (regardless of patentability and whether or not reduced to practice), improvements thereto, patents, patent applications, patent disclosures, together with all reissuances, continuations, continuations in part, revisions, extensions and reexaminations thereof; (ii) trademarks, service marks, trade dress, logos, trade names, corporate names, together with translations, adaptations, derivations and combinations thereof, including goodwill associated therewith, and applications, registrations, and renewals in connection therewith; (iii) any work of authorship, regardless of copyrightable, copyrightable works, copyrights (including moral rights), and applications, registrations and renewals in connection therewith; (iv) mask works and applications, registrations and renewals in connection therewith; (v) trade secrets and Confidential Information; and (vi) other proprietary rights and any other similar rights, in each case on a worldwide basis, and copies and tangible embodiments thereof, in whatever form or medium.\n   4. “License” means the right to use the Software pursuant to Section ‎2.1 to this Agreement.\n   5.  “Software” means Applitools’ software development kit software in object or source code version, Documentation and any updates and upgrade thereto (to the extent delivered).\n1. License\n   1. Grant of License. Subject to the terms and conditions of this Agreement, Applitools grants You, during the Term, a personal, non-exclusive, non-sublicensable, non-transferable, revocable license to: (i) use the Software solely for Your own personal (non-commercial) use and (ii) use and display Applitools’ Marks solely for the purpose of publicizing or advertising that You are using the Software. \n   2. Documentation. Applitools may make available Documentation to Licensee for Licensee to use solely in connection with Licensee’s use of the Software during the term of this Agreement. Licensee may print or copy the Documentation as needed for its own purposes provided that all copyright notices are included therein. The Documentation shall be considered the Confidential Information of Applitools. \n   1. Reservation of Rights; Use Restrictions. Other than the rights explicitly granted in this Agreement, Licensee shall have no other rights, express or implied, in the Software. Without limiting the generality of the foregoing, Licensee agrees and undertakes not to: (i) allow any third party to use the Software in any manner, including but not limited to, sell, lease, sublicense or distribute the Software, or any part thereof; (ii) modify, revise, or alter the Software or reverse engineer, decompile, disassemble or otherwise reduce to human-perceivable form the Software’s source code; (iii) copy or allow copies of the Software to be made; (iv) remove, alter or obscure any proprietary notice or identification, including copyright, trademark, patent or other notices, contained in or displayed on or via the Software; (v) use the Software to violate any applicable laws, rules or regulations, or for any unlawful, harmful, irresponsible, or inappropriate purpose, or in any manner that breaches this Agreement, and/or (vi) represent that it possesses any proprietary interest in the Software.\n   1. Third Party Software. Licensee acknowledges and agrees that any third party software (“Third Party Software”) that provided with the Software is provided under the terms of the license attached/linked thereto or, if no such license is attached, such Third Party Software is provided for free and on “AS IS” basis. Applitools is not liable for any losses or damages which may occur resulting from the use of any Third Party Software. Applitools does not possess any proprietary interest in such Third Party Software. \n   1. Open Source Licenses. The Software includes certain open source code software and materials (as shall be listed in the documentation of the Software) (“Open Source Software”) that are subject to their respective open source licenses (“Open Source Licenses”). Such Open Source Licenses contain a list of conditions with respect to warranty, copyright policy and other provisions. By executing this Agreement, Licensee undertakes to strictly comply with the terms and condition of the Open Source Licenses, as may be amended from time to time. In order to comply with the Open Source Licenses, Licensee shall read the respective licenses or notices, such list of Open Source Licenses may be amended from time to time by Applitools, at its sole discretion. In the event of any inconsistencies or conflicting provisions between the provisions of the Open Source Licenses and the provisions of this Agreement, the provisions of the Open Source Licenses shall prevail. Without derogating from the generality of the foregoing, it is clarified that any Open Source Software is provided on an “AS IS” basis, without indemnity or warranty of any kind, whether express or implied. For clarity, the representations and warranties set forth in Section ‎4 hereunder shall not apply to any Open Source Software.\n1. Title & Ownership. APPLITOOLS DOES NOT SELL OR TRANSFER TITLE IN THE SOFTWARE, OR ANY PART THEREOF, TO LICENSEE. The Documentation, Software (excluding any Open Source Software and Third Party Software therein which are owned by their respective licensors) and/or any copies thereof, including without limitation any derivative works made (regardless of whether such derivative works were made and/or developed pursuant to the request and/or specifications of Licensee, and irrespective of any support and/or assistance Applitools may, will or had received from Licensee, or any third party on its behalf, with respect thereto), as well as any updates or upgrades thereto, if provided to Applitools pursuant to this Agreement, shall remain Applitools’ sole and exclusive property. All Intellectual Property Rights evidenced by or embodied in and/or attached/connected/related to the Software, or part thereof, are and shall be owned solely and exclusively by Applitools. Nothing in this Agreement shall constitute a waiver of Applitools’ Intellectual Property Rights under any law, or be in any way construed or interpreted as such. It is further agreed that to the extent Licensee provides Applitools with Feedback, Licensee acknowledges that any and all rights, including Intellectual Property Rights in such Feedback shall belong exclusively to Applitools and Licensee hereby irrevocably and unconditionally transfers and assigns to Applitools all intellectual property rights in such Feedback and waives any and all moral rights that Licensee may have in respect thereto. It is further understood that use of Feedback, if any, may be made by Applitools at its sole discretion, and that Applitools in no way shall be obliged to make use of any kind of the Feedback or part thereof. \n1. Warranty. Applitools warrants that to its knowledge it has the right to grant the license under this Agreement. Applitools’ sole liability for any breach of this warranty or any other warranty under this Agreement shall be, at Applitools’ sole discretion: (i) to replace or repair the Software or the applicable portion thereof; or (ii) to terminate this Agreement.\n2. Warranty Exclusions. The warranties set forth in Section ‎4 are contingent upon Licensee’s proper use of the Software, and shall not apply to damage caused by abuse, misuse, alteration, neglect or unauthorized repair or installation, or by the use or attempted use of Software other than that supplied and supported by Applitools. Applitools will use reasonable commercial efforts to repair or replace the Software or the applicable portion thereof, pursuant to the foregoing warranty within thirty (30) days of being so notified.\n1. Warranty Disclaimers. AS BETWEEN LICENSEE AND APPLITOOLS, EXCEPT AS SET IN SECTION ‎4, THE SOFTWARE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND INCLUDING, WITHOUT LIMITATION, REPRESENTATIONS, WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR INTENDED OR PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, THAT THE SOFTWARE WILL MEET LICENSEE’S REQUIREMENTS OR EXPECTATIONS OR WILL ACHIEVE ANY SPECIFIC RESULTS AND THOSE ARISING BY STATUTE OR FROM A COURSE OF DEALING OR USAGE OF TRADE. Applicable law may not allow the exclusion of certain warranties, so to that extent such exclusions may not apply.\n1. High Risk Activities. You acknowledge that the Software is not fault tolerant and is not designed, manufactured, or intended for use or resale as on-line control equipment in hazardous or high risk environments and activities requiring fail-safe performance (such as in the operation of nuclear facilities, aircraft navigation or communication systems, air traffic control, direct life support machines and/or devices, or weapons systems) in which the failure of the Software could lead directly to death, personal injury, or severe physical or environmental damage, and You agree not to use or allow the use of the Software or any portion thereof for, or in connection with, any such environment or activity.\n1. Indemnify. You agree that Applitools shall have no liability whatsoever for any use made of the Software by You or any third party. You hereby agree to defend, indemnify and hold harmless Applitools and its affiliates and their respective officers, directors, agents and employees from any and all claims, damages, liabilities, costs, and expenses (including attorney’s fees) arising from claims related to Your use of the Software as well as from Your failure to comply with this Agreement.\n1. Limitation of Liability. UNDER NO CIRCUMSTANCES SHALL APPLITOOLS AND/OR ITS AFFILIATES BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, OR FOR ANY LOSS OF DATA, REVENUE, BUSINESS OR REPUTATION, THAT ARISES UNDER OR IN CONNECTION WITH THIS AGREEMENT, OR THAT RESULTS FROM THE USE OF, OR THE INABILITY TO USE, THE SOFTWARE. APPLITOOLS’S TOTAL AGGREGATE LIABILITY FOR ANY AND ALL DIRECT DAMAGES AND LOSSES THAT ARISE UNDER OR IN CONNECTION WITH THIS AGREEMENT SHALL NOT IN ANY CIRCUMSTANCE EXCEED THE AMOUNT OF 100.00 (ONE HUNDRED) UNITED STATES DOLLARS. THE FOREGOING LIMITATIONS AND EXCLUSIONS IN THIS SECTION ‎7 SHALL APPLY: (I) EVEN IF APPLITOOLS HAS BEEN ADVISED OF THE POSSIBILITY OF ANY DAMAGES OR LOSSES; (II) EVEN IF ANY REMEDY SET FORTH HEREIN FAILS OF ITS ESSENTIAL PURPOSE; AND (III) REGARDLESS OF THE BASIS OR THEORY OF LIABILITY.\n1. Export Laws. Licensee agrees to comply fully with all U.S., EU, Israeli, and all applicable export laws and regulations to ensure that neither the Software nor any technical data related thereto are exported or re-exported directly or indirectly in violation of, or used for any purposes prohibited by, such laws and regulations. For clarity, and without derogating from Section ‎11 below, in case of any change of any applicable law, policy or regulation, which might affect Applitools’ business, Applitools will have the right to terminate this Agreement and the license granted hereunder and the Licensee shall have no claims regarding such termination. \n1. Term and Termination. This Agreement shall continue until terminated as set forth in this section (the “Term”). You may terminate this Agreement at any time by removing the Software from Your system and destroying all copies of the Software and Documentation relating to the Software. Unauthorized copying of the Software or otherwise failing to comply with this Agreement will result in automatic immediate termination of this Agreement and will make available to Applitools legal remedies. Applitools reserves the right to terminate this Agreement and the License at any time and without notice. Upon termination of this Agreement, the License will terminate and You: (i) will cease any and all rights to use the Software, and (ii) will remove the Software from all hard drives, networks and other storage media and destroy all copies of the Software in your possession or under your control. 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This Agreement are governed by and construed under the laws of the State of Israel, excluding its conflicts of law rules. You expressly agree that the exclusive jurisdiction for any claim or action arising out of or relating to this Agreement shall be the courts located in Tel Aviv, Israel, and You further agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action. 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BY INSTALLING, ACCESSING AND/OR USING THE SOFTWARE (AS DEFINED BELOW), YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOU, OR THE COMPANY YOU REPRESENT, (“YOU” OR “LICENSEE”) ARE ENTERING INTO A LEGAL AGREEMENT WITH APPLITOOLS LTD. AND ITS AFFILIATES (“APPLITOOLS”), AND HAVE UNDERSTOOD AND AGREE TO COMPLY WITH, AND BE LEGALLY BOUND BY, THE TERMS AND CONDITIONS OF THIS AGREEMENT. YOU HEREBY WAIVE ANY RIGHTS OR REQUIREMENTS UNDER ANY LAWS OR REGULATIONS IN ANY JURISDICTION WHICH REQUIRE AN ORIGINAL (NON-ELECTRONIC) SIGNATURE OR DELIVERY OR RETENTION OF NON-ELECTRONIC RECORDS, TO THE EXTENT PERMITTED UNDER APPLICABLE LAW. \nTHE SOFTWARE MAY BE USED SOLELY FOR YOUR PERSONAL, NON-COMMERCIAL PURPOSES. FOR COMMERCIAL PURPOSES PLEASE CONTACT THE REGIONAL APPLITOOLS BUSINESS REPRESENTATIVE. \n1. Definitions. For purposes of this Agreement, the following capitalized terms shall have the following meaning:\n   1. “Documentation” means the user’s guides and technical manuals delivered by Applitools to Licensee.\n   2.  “Feedback” means suggestions, comments or feedback (whether orally or in writing) with respect to the Software.\n   3. “Intellectual Property Rights” means all intangible legal rights, titles and interests evidenced by or embodied in all: (i) inventions (regardless of patentability and whether or not reduced to practice), improvements thereto, patents, patent applications, patent disclosures, together with all reissuances, continuations, continuations in part, revisions, extensions and reexaminations thereof; (ii) trademarks, service marks, trade dress, logos, trade names, corporate names, together with translations, adaptations, derivations and combinations thereof, including goodwill associated therewith, and applications, registrations, and renewals in connection therewith; (iii) any work of authorship, regardless of copyrightable, copyrightable works, copyrights (including moral rights), and applications, registrations and renewals in connection therewith; (iv) mask works and applications, registrations and renewals in connection therewith; (v) trade secrets and Confidential Information; and (vi) other proprietary rights and any other similar rights, in each case on a worldwide basis, and copies and tangible embodiments thereof, in whatever form or medium.\n   4. “License” means the right to use the Software pursuant to Section ‎2.1 to this Agreement.\n   5.  “Software” means Applitools’ software development kit software in object or source code version, Documentation and any updates and upgrade thereto (to the extent delivered).\n1. License\n   1. Grant of License. Subject to the terms and conditions of this Agreement, Applitools grants You, during the Term, a personal, non-exclusive, non-sublicensable, non-transferable, revocable license to: (i) use the Software solely for Your own personal (non-commercial) use and (ii) use and display Applitools’ Marks solely for the purpose of publicizing or advertising that You are using the Software. \n   2. Documentation. Applitools may make available Documentation to Licensee for Licensee to use solely in connection with Licensee’s use of the Software during the term of this Agreement. Licensee may print or copy the Documentation as needed for its own purposes provided that all copyright notices are included therein. The Documentation shall be considered the Confidential Information of Applitools. \n   1. Reservation of Rights; Use Restrictions. Other than the rights explicitly granted in this Agreement, Licensee shall have no other rights, express or implied, in the Software. Without limiting the generality of the foregoing, Licensee agrees and undertakes not to: (i) allow any third party to use the Software in any manner, including but not limited to, sell, lease, sublicense or distribute the Software, or any part thereof; (ii) modify, revise, or alter the Software or reverse engineer, decompile, disassemble or otherwise reduce to human-perceivable form the Software’s source code; (iii) copy or allow copies of the Software to be made; (iv) remove, alter or obscure any proprietary notice or identification, including copyright, trademark, patent or other notices, contained in or displayed on or via the Software; (v) use the Software to violate any applicable laws, rules or regulations, or for any unlawful, harmful, irresponsible, or inappropriate purpose, or in any manner that breaches this Agreement, and/or (vi) represent that it possesses any proprietary interest in the Software.\n   1. Third Party Software. Licensee acknowledges and agrees that any third party software (“Third Party Software”) that provided with the Software is provided under the terms of the license attached/linked thereto or, if no such license is attached, such Third Party Software is provided for free and on “AS IS” basis. Applitools is not liable for any losses or damages which may occur resulting from the use of any Third Party Software. Applitools does not possess any proprietary interest in such Third Party Software. \n   1. Open Source Licenses. The Software includes certain open source code software and materials (as shall be listed in the documentation of the Software) (“Open Source Software”) that are subject to their respective open source licenses (“Open Source Licenses”). Such Open Source Licenses contain a list of conditions with respect to warranty, copyright policy and other provisions. By executing this Agreement, Licensee undertakes to strictly comply with the terms and condition of the Open Source Licenses, as may be amended from time to time. In order to comply with the Open Source Licenses, Licensee shall read the respective licenses or notices, such list of Open Source Licenses may be amended from time to time by Applitools, at its sole discretion. In the event of any inconsistencies or conflicting provisions between the provisions of the Open Source Licenses and the provisions of this Agreement, the provisions of the Open Source Licenses shall prevail. Without derogating from the generality of the foregoing, it is clarified that any Open Source Software is provided on an “AS IS” basis, without indemnity or warranty of any kind, whether express or implied. For clarity, the representations and warranties set forth in Section ‎4 hereunder shall not apply to any Open Source Software.\n1. Title & Ownership. APPLITOOLS DOES NOT SELL OR TRANSFER TITLE IN THE SOFTWARE, OR ANY PART THEREOF, TO LICENSEE. The Documentation, Software (excluding any Open Source Software and Third Party Software therein which are owned by their respective licensors) and/or any copies thereof, including without limitation any derivative works made (regardless of whether such derivative works were made and/or developed pursuant to the request and/or specifications of Licensee, and irrespective of any support and/or assistance Applitools may, will or had received from Licensee, or any third party on its behalf, with respect thereto), as well as any updates or upgrades thereto, if provided to Applitools pursuant to this Agreement, shall remain Applitools’ sole and exclusive property. All Intellectual Property Rights evidenced by or embodied in and/or attached/connected/related to the Software, or part thereof, are and shall be owned solely and exclusively by Applitools. Nothing in this Agreement shall constitute a waiver of Applitools’ Intellectual Property Rights under any law, or be in any way construed or interpreted as such. It is further agreed that to the extent Licensee provides Applitools with Feedback, Licensee acknowledges that any and all rights, including Intellectual Property Rights in such Feedback shall belong exclusively to Applitools and Licensee hereby irrevocably and unconditionally transfers and assigns to Applitools all intellectual property rights in such Feedback and waives any and all moral rights that Licensee may have in respect thereto. It is further understood that use of Feedback, if any, may be made by Applitools at its sole discretion, and that Applitools in no way shall be obliged to make use of any kind of the Feedback or part thereof. \n1. Warranty. Applitools warrants that to its knowledge it has the right to grant the license under this Agreement. Applitools’ sole liability for any breach of this warranty or any other warranty under this Agreement shall be, at Applitools’ sole discretion: (i) to replace or repair the Software or the applicable portion thereof; or (ii) to terminate this Agreement.\n2. Warranty Exclusions. The warranties set forth in Section ‎4 are contingent upon Licensee’s proper use of the Software, and shall not apply to damage caused by abuse, misuse, alteration, neglect or unauthorized repair or installation, or by the use or attempted use of Software other than that supplied and supported by Applitools. Applitools will use reasonable commercial efforts to repair or replace the Software or the applicable portion thereof, pursuant to the foregoing warranty within thirty (30) days of being so notified.\n1. Warranty Disclaimers. AS BETWEEN LICENSEE AND APPLITOOLS, EXCEPT AS SET IN SECTION ‎4, THE SOFTWARE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND INCLUDING, WITHOUT LIMITATION, REPRESENTATIONS, WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR INTENDED OR PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, THAT THE SOFTWARE WILL MEET LICENSEE’S REQUIREMENTS OR EXPECTATIONS OR WILL ACHIEVE ANY SPECIFIC RESULTS AND THOSE ARISING BY STATUTE OR FROM A COURSE OF DEALING OR USAGE OF TRADE. Applicable law may not allow the exclusion of certain warranties, so to that extent such exclusions may not apply.\n1. High Risk Activities. You acknowledge that the Software is not fault tolerant and is not designed, manufactured, or intended for use or resale as on-line control equipment in hazardous or high risk environments and activities requiring fail-safe performance (such as in the operation of nuclear facilities, aircraft navigation or communication systems, air traffic control, direct life support machines and/or devices, or weapons systems) in which the failure of the Software could lead directly to death, personal injury, or severe physical or environmental damage, and You agree not to use or allow the use of the Software or any portion thereof for, or in connection with, any such environment or activity.\n1. Indemnify. You agree that Applitools shall have no liability whatsoever for any use made of the Software by You or any third party. You hereby agree to defend, indemnify and hold harmless Applitools and its affiliates and their respective officers, directors, agents and employees from any and all claims, damages, liabilities, costs, and expenses (including attorney’s fees) arising from claims related to Your use of the Software as well as from Your failure to comply with this Agreement.\n1. Limitation of Liability. UNDER NO CIRCUMSTANCES SHALL APPLITOOLS AND/OR ITS AFFILIATES BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, OR FOR ANY LOSS OF DATA, REVENUE, BUSINESS OR REPUTATION, THAT ARISES UNDER OR IN CONNECTION WITH THIS AGREEMENT, OR THAT RESULTS FROM THE USE OF, OR THE INABILITY TO USE, THE SOFTWARE. APPLITOOLS’S TOTAL AGGREGATE LIABILITY FOR ANY AND ALL DIRECT DAMAGES AND LOSSES THAT ARISE UNDER OR IN CONNECTION WITH THIS AGREEMENT SHALL NOT IN ANY CIRCUMSTANCE EXCEED THE AMOUNT OF 100.00 (ONE HUNDRED) UNITED STATES DOLLARS. THE FOREGOING LIMITATIONS AND EXCLUSIONS IN THIS SECTION ‎7 SHALL APPLY: (I) EVEN IF APPLITOOLS HAS BEEN ADVISED OF THE POSSIBILITY OF ANY DAMAGES OR LOSSES; (II) EVEN IF ANY REMEDY SET FORTH HEREIN FAILS OF ITS ESSENTIAL PURPOSE; AND (III) REGARDLESS OF THE BASIS OR THEORY OF LIABILITY.\n1. Export Laws. Licensee agrees to comply fully with all U.S., EU, Israeli, and all applicable export laws and regulations to ensure that neither the Software nor any technical data related thereto are exported or re-exported directly or indirectly in violation of, or used for any purposes prohibited by, such laws and regulations. For clarity, and without derogating from Section ‎11 below, in case of any change of any applicable law, policy or regulation, which might affect Applitools’ business, Applitools will have the right to terminate this Agreement and the license granted hereunder and the Licensee shall have no claims regarding such termination. \n1. Term and Termination. This Agreement shall continue until terminated as set forth in this section (the “Term”). You may terminate this Agreement at any time by removing the Software from Your system and destroying all copies of the Software and Documentation relating to the Software. Unauthorized copying of the Software or otherwise failing to comply with this Agreement will result in automatic immediate termination of this Agreement and will make available to Applitools legal remedies. Applitools reserves the right to terminate this Agreement and the License at any time and without notice. Upon termination of this Agreement, the License will terminate and You: (i) will cease any and all rights to use the Software, and (ii) will remove the Software from all hard drives, networks and other storage media and destroy all copies of the Software in your possession or under your control. 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This Agreement are governed by and construed under the laws of the State of Israel, excluding its conflicts of law rules. You expressly agree that the exclusive jurisdiction for any claim or action arising out of or relating to this Agreement shall be the courts located in Tel Aviv, Israel, and You further agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action. 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BY INSTALLING, ACCESSING AND/OR USING THE SOFTWARE (AS DEFINED BELOW), YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOU, OR THE COMPANY YOU REPRESENT, (“YOU” OR “LICENSEE”) ARE ENTERING INTO A LEGAL AGREEMENT WITH APPLITOOLS LTD. AND ITS AFFILIATES (“APPLITOOLS”), AND HAVE UNDERSTOOD AND AGREE TO COMPLY WITH, AND BE LEGALLY BOUND BY, THE TERMS AND CONDITIONS OF THIS AGREEMENT. YOU HEREBY WAIVE ANY RIGHTS OR REQUIREMENTS UNDER ANY LAWS OR REGULATIONS IN ANY JURISDICTION WHICH REQUIRE AN ORIGINAL (NON-ELECTRONIC) SIGNATURE OR DELIVERY OR RETENTION OF NON-ELECTRONIC RECORDS, TO THE EXTENT PERMITTED UNDER APPLICABLE LAW. \nTHE SOFTWARE MAY BE USED SOLELY FOR YOUR PERSONAL, NON-COMMERCIAL PURPOSES. FOR COMMERCIAL PURPOSES PLEASE CONTACT THE REGIONAL APPLITOOLS BUSINESS REPRESENTATIVE. \n1. Definitions. For purposes of this Agreement, the following capitalized terms shall have the following meaning:\n   1. “Documentation” means the user’s guides and technical manuals delivered by Applitools to Licensee.\n   2.  “Feedback” means suggestions, comments or feedback (whether orally or in writing) with respect to the Software.\n   3. “Intellectual Property Rights” means all intangible legal rights, titles and interests evidenced by or embodied in all: (i) inventions (regardless of patentability and whether or not reduced to practice), improvements thereto, patents, patent applications, patent disclosures, together with all reissuances, continuations, continuations in part, revisions, extensions and reexaminations thereof; (ii) trademarks, service marks, trade dress, logos, trade names, corporate names, together with translations, adaptations, derivations and combinations thereof, including goodwill associated therewith, and applications, registrations, and renewals in connection therewith; (iii) any work of authorship, regardless of copyrightable, copyrightable works, copyrights (including moral rights), and applications, registrations and renewals in connection therewith; (iv) mask works and applications, registrations and renewals in connection therewith; (v) trade secrets and Confidential Information; and (vi) other proprietary rights and any other similar rights, in each case on a worldwide basis, and copies and tangible embodiments thereof, in whatever form or medium.\n   4. “License” means the right to use the Software pursuant to Section ‎2.1 to this Agreement.\n   5.  “Software” means Applitools’ software development kit software in object or source code version, Documentation and any updates and upgrade thereto (to the extent delivered).\n1. License\n   1. Grant of License. Subject to the terms and conditions of this Agreement, Applitools grants You, during the Term, a personal, non-exclusive, non-sublicensable, non-transferable, revocable license to: (i) use the Software solely for Your own personal (non-commercial) use and (ii) use and display Applitools’ Marks solely for the purpose of publicizing or advertising that You are using the Software. \n   2. Documentation. Applitools may make available Documentation to Licensee for Licensee to use solely in connection with Licensee’s use of the Software during the term of this Agreement. Licensee may print or copy the Documentation as needed for its own purposes provided that all copyright notices are included therein. The Documentation shall be considered the Confidential Information of Applitools. \n   1. Reservation of Rights; Use Restrictions. Other than the rights explicitly granted in this Agreement, Licensee shall have no other rights, express or implied, in the Software. Without limiting the generality of the foregoing, Licensee agrees and undertakes not to: (i) allow any third party to use the Software in any manner, including but not limited to, sell, lease, sublicense or distribute the Software, or any part thereof; (ii) modify, revise, or alter the Software or reverse engineer, decompile, disassemble or otherwise reduce to human-perceivable form the Software’s source code; (iii) copy or allow copies of the Software to be made; (iv) remove, alter or obscure any proprietary notice or identification, including copyright, trademark, patent or other notices, contained in or displayed on or via the Software; (v) use the Software to violate any applicable laws, rules or regulations, or for any unlawful, harmful, irresponsible, or inappropriate purpose, or in any manner that breaches this Agreement, and/or (vi) represent that it possesses any proprietary interest in the Software.\n   1. Third Party Software. Licensee acknowledges and agrees that any third party software (“Third Party Software”) that provided with the Software is provided under the terms of the license attached/linked thereto or, if no such license is attached, such Third Party Software is provided for free and on “AS IS” basis. Applitools is not liable for any losses or damages which may occur resulting from the use of any Third Party Software. Applitools does not possess any proprietary interest in such Third Party Software. \n   1. Open Source Licenses. The Software includes certain open source code software and materials (as shall be listed in the documentation of the Software) (“Open Source Software”) that are subject to their respective open source licenses (“Open Source Licenses”). Such Open Source Licenses contain a list of conditions with respect to warranty, copyright policy and other provisions. By executing this Agreement, Licensee undertakes to strictly comply with the terms and condition of the Open Source Licenses, as may be amended from time to time. In order to comply with the Open Source Licenses, Licensee shall read the respective licenses or notices, such list of Open Source Licenses may be amended from time to time by Applitools, at its sole discretion. In the event of any inconsistencies or conflicting provisions between the provisions of the Open Source Licenses and the provisions of this Agreement, the provisions of the Open Source Licenses shall prevail. Without derogating from the generality of the foregoing, it is clarified that any Open Source Software is provided on an “AS IS” basis, without indemnity or warranty of any kind, whether express or implied. For clarity, the representations and warranties set forth in Section ‎4 hereunder shall not apply to any Open Source Software.\n1. Title & Ownership. APPLITOOLS DOES NOT SELL OR TRANSFER TITLE IN THE SOFTWARE, OR ANY PART THEREOF, TO LICENSEE. The Documentation, Software (excluding any Open Source Software and Third Party Software therein which are owned by their respective licensors) and/or any copies thereof, including without limitation any derivative works made (regardless of whether such derivative works were made and/or developed pursuant to the request and/or specifications of Licensee, and irrespective of any support and/or assistance Applitools may, will or had received from Licensee, or any third party on its behalf, with respect thereto), as well as any updates or upgrades thereto, if provided to Applitools pursuant to this Agreement, shall remain Applitools’ sole and exclusive property. All Intellectual Property Rights evidenced by or embodied in and/or attached/connected/related to the Software, or part thereof, are and shall be owned solely and exclusively by Applitools. Nothing in this Agreement shall constitute a waiver of Applitools’ Intellectual Property Rights under any law, or be in any way construed or interpreted as such. It is further agreed that to the extent Licensee provides Applitools with Feedback, Licensee acknowledges that any and all rights, including Intellectual Property Rights in such Feedback shall belong exclusively to Applitools and Licensee hereby irrevocably and unconditionally transfers and assigns to Applitools all intellectual property rights in such Feedback and waives any and all moral rights that Licensee may have in respect thereto. It is further understood that use of Feedback, if any, may be made by Applitools at its sole discretion, and that Applitools in no way shall be obliged to make use of any kind of the Feedback or part thereof. \n1. Warranty. Applitools warrants that to its knowledge it has the right to grant the license under this Agreement. Applitools’ sole liability for any breach of this warranty or any other warranty under this Agreement shall be, at Applitools’ sole discretion: (i) to replace or repair the Software or the applicable portion thereof; or (ii) to terminate this Agreement.\n2. Warranty Exclusions. The warranties set forth in Section ‎4 are contingent upon Licensee’s proper use of the Software, and shall not apply to damage caused by abuse, misuse, alteration, neglect or unauthorized repair or installation, or by the use or attempted use of Software other than that supplied and supported by Applitools. Applitools will use reasonable commercial efforts to repair or replace the Software or the applicable portion thereof, pursuant to the foregoing warranty within thirty (30) days of being so notified.\n1. Warranty Disclaimers. AS BETWEEN LICENSEE AND APPLITOOLS, EXCEPT AS SET IN SECTION ‎4, THE SOFTWARE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND INCLUDING, WITHOUT LIMITATION, REPRESENTATIONS, WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR INTENDED OR PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, THAT THE SOFTWARE WILL MEET LICENSEE’S REQUIREMENTS OR EXPECTATIONS OR WILL ACHIEVE ANY SPECIFIC RESULTS AND THOSE ARISING BY STATUTE OR FROM A COURSE OF DEALING OR USAGE OF TRADE. Applicable law may not allow the exclusion of certain warranties, so to that extent such exclusions may not apply.\n1. High Risk Activities. You acknowledge that the Software is not fault tolerant and is not designed, manufactured, or intended for use or resale as on-line control equipment in hazardous or high risk environments and activities requiring fail-safe performance (such as in the operation of nuclear facilities, aircraft navigation or communication systems, air traffic control, direct life support machines and/or devices, or weapons systems) in which the failure of the Software could lead directly to death, personal injury, or severe physical or environmental damage, and You agree not to use or allow the use of the Software or any portion thereof for, or in connection with, any such environment or activity.\n1. Indemnify. You agree that Applitools shall have no liability whatsoever for any use made of the Software by You or any third party. You hereby agree to defend, indemnify and hold harmless Applitools and its affiliates and their respective officers, directors, agents and employees from any and all claims, damages, liabilities, costs, and expenses (including attorney’s fees) arising from claims related to Your use of the Software as well as from Your failure to comply with this Agreement.\n1. Limitation of Liability. UNDER NO CIRCUMSTANCES SHALL APPLITOOLS AND/OR ITS AFFILIATES BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, OR FOR ANY LOSS OF DATA, REVENUE, BUSINESS OR REPUTATION, THAT ARISES UNDER OR IN CONNECTION WITH THIS AGREEMENT, OR THAT RESULTS FROM THE USE OF, OR THE INABILITY TO USE, THE SOFTWARE. APPLITOOLS’S TOTAL AGGREGATE LIABILITY FOR ANY AND ALL DIRECT DAMAGES AND LOSSES THAT ARISE UNDER OR IN CONNECTION WITH THIS AGREEMENT SHALL NOT IN ANY CIRCUMSTANCE EXCEED THE AMOUNT OF 100.00 (ONE HUNDRED) UNITED STATES DOLLARS. THE FOREGOING LIMITATIONS AND EXCLUSIONS IN THIS SECTION ‎7 SHALL APPLY: (I) EVEN IF APPLITOOLS HAS BEEN ADVISED OF THE POSSIBILITY OF ANY DAMAGES OR LOSSES; (II) EVEN IF ANY REMEDY SET FORTH HEREIN FAILS OF ITS ESSENTIAL PURPOSE; AND (III) REGARDLESS OF THE BASIS OR THEORY OF LIABILITY.\n1. Export Laws. Licensee agrees to comply fully with all U.S., EU, Israeli, and all applicable export laws and regulations to ensure that neither the Software nor any technical data related thereto are exported or re-exported directly or indirectly in violation of, or used for any purposes prohibited by, such laws and regulations. For clarity, and without derogating from Section ‎11 below, in case of any change of any applicable law, policy or regulation, which might affect Applitools’ business, Applitools will have the right to terminate this Agreement and the license granted hereunder and the Licensee shall have no claims regarding such termination. \n1. Term and Termination. This Agreement shall continue until terminated as set forth in this section (the “Term”). You may terminate this Agreement at any time by removing the Software from Your system and destroying all copies of the Software and Documentation relating to the Software. Unauthorized copying of the Software or otherwise failing to comply with this Agreement will result in automatic immediate termination of this Agreement and will make available to Applitools legal remedies. Applitools reserves the right to terminate this Agreement and the License at any time and without notice. Upon termination of this Agreement, the License will terminate and You: (i) will cease any and all rights to use the Software, and (ii) will remove the Software from all hard drives, networks and other storage media and destroy all copies of the Software in your possession or under your control. 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This Agreement are governed by and construed under the laws of the State of Israel, excluding its conflicts of law rules. You expressly agree that the exclusive jurisdiction for any claim or action arising out of or relating to this Agreement shall be the courts located in Tel Aviv, Israel, and You further agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action. 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BY INSTALLING, ACCESSING AND/OR USING THE SOFTWARE (AS DEFINED BELOW), YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOU, OR THE COMPANY YOU REPRESENT, (“YOU” OR “LICENSEE”) ARE ENTERING INTO A LEGAL AGREEMENT WITH APPLITOOLS LTD. AND ITS AFFILIATES (“APPLITOOLS”), AND HAVE UNDERSTOOD AND AGREE TO COMPLY WITH, AND BE LEGALLY BOUND BY, THE TERMS AND CONDITIONS OF THIS AGREEMENT. YOU HEREBY WAIVE ANY RIGHTS OR REQUIREMENTS UNDER ANY LAWS OR REGULATIONS IN ANY JURISDICTION WHICH REQUIRE AN ORIGINAL (NON-ELECTRONIC) SIGNATURE OR DELIVERY OR RETENTION OF NON-ELECTRONIC RECORDS, TO THE EXTENT PERMITTED UNDER APPLICABLE LAW. \nTHE SOFTWARE MAY BE USED SOLELY FOR YOUR PERSONAL, NON-COMMERCIAL PURPOSES. FOR COMMERCIAL PURPOSES PLEASE CONTACT THE REGIONAL APPLITOOLS BUSINESS REPRESENTATIVE. \n1. Definitions. For purposes of this Agreement, the following capitalized terms shall have the following meaning:\n   1. “Documentation” means the user’s guides and technical manuals delivered by Applitools to Licensee.\n   2.  “Feedback” means suggestions, comments or feedback (whether orally or in writing) with respect to the Software.\n   3. “Intellectual Property Rights” means all intangible legal rights, titles and interests evidenced by or embodied in all: (i) inventions (regardless of patentability and whether or not reduced to practice), improvements thereto, patents, patent applications, patent disclosures, together with all reissuances, continuations, continuations in part, revisions, extensions and reexaminations thereof; (ii) trademarks, service marks, trade dress, logos, trade names, corporate names, together with translations, adaptations, derivations and combinations thereof, including goodwill associated therewith, and applications, registrations, and renewals in connection therewith; (iii) any work of authorship, regardless of copyrightable, copyrightable works, copyrights (including moral rights), and applications, registrations and renewals in connection therewith; (iv) mask works and applications, registrations and renewals in connection therewith; (v) trade secrets and Confidential Information; and (vi) other proprietary rights and any other similar rights, in each case on a worldwide basis, and copies and tangible embodiments thereof, in whatever form or medium.\n   4. “License” means the right to use the Software pursuant to Section ‎2.1 to this Agreement.\n   5.  “Software” means Applitools’ software development kit software in object or source code version, Documentation and any updates and upgrade thereto (to the extent delivered).\n1. License\n   1. Grant of License. Subject to the terms and conditions of this Agreement, Applitools grants You, during the Term, a personal, non-exclusive, non-sublicensable, non-transferable, revocable license to: (i) use the Software solely for Your own personal (non-commercial) use and (ii) use and display Applitools’ Marks solely for the purpose of publicizing or advertising that You are using the Software. \n   2. Documentation. Applitools may make available Documentation to Licensee for Licensee to use solely in connection with Licensee’s use of the Software during the term of this Agreement. Licensee may print or copy the Documentation as needed for its own purposes provided that all copyright notices are included therein. The Documentation shall be considered the Confidential Information of Applitools. \n   1. Reservation of Rights; Use Restrictions. Other than the rights explicitly granted in this Agreement, Licensee shall have no other rights, express or implied, in the Software. Without limiting the generality of the foregoing, Licensee agrees and undertakes not to: (i) allow any third party to use the Software in any manner, including but not limited to, sell, lease, sublicense or distribute the Software, or any part thereof; (ii) modify, revise, or alter the Software or reverse engineer, decompile, disassemble or otherwise reduce to human-perceivable form the Software’s source code; (iii) copy or allow copies of the Software to be made; (iv) remove, alter or obscure any proprietary notice or identification, including copyright, trademark, patent or other notices, contained in or displayed on or via the Software; (v) use the Software to violate any applicable laws, rules or regulations, or for any unlawful, harmful, irresponsible, or inappropriate purpose, or in any manner that breaches this Agreement, and/or (vi) represent that it possesses any proprietary interest in the Software.\n   1. Third Party Software. Licensee acknowledges and agrees that any third party software (“Third Party Software”) that provided with the Software is provided under the terms of the license attached/linked thereto or, if no such license is attached, such Third Party Software is provided for free and on “AS IS” basis. Applitools is not liable for any losses or damages which may occur resulting from the use of any Third Party Software. Applitools does not possess any proprietary interest in such Third Party Software. \n   1. Open Source Licenses. The Software includes certain open source code software and materials (as shall be listed in the documentation of the Software) (“Open Source Software”) that are subject to their respective open source licenses (“Open Source Licenses”). Such Open Source Licenses contain a list of conditions with respect to warranty, copyright policy and other provisions. By executing this Agreement, Licensee undertakes to strictly comply with the terms and condition of the Open Source Licenses, as may be amended from time to time. In order to comply with the Open Source Licenses, Licensee shall read the respective licenses or notices, such list of Open Source Licenses may be amended from time to time by Applitools, at its sole discretion. In the event of any inconsistencies or conflicting provisions between the provisions of the Open Source Licenses and the provisions of this Agreement, the provisions of the Open Source Licenses shall prevail. Without derogating from the generality of the foregoing, it is clarified that any Open Source Software is provided on an “AS IS” basis, without indemnity or warranty of any kind, whether express or implied. For clarity, the representations and warranties set forth in Section ‎4 hereunder shall not apply to any Open Source Software.\n1. Title & Ownership. APPLITOOLS DOES NOT SELL OR TRANSFER TITLE IN THE SOFTWARE, OR ANY PART THEREOF, TO LICENSEE. The Documentation, Software (excluding any Open Source Software and Third Party Software therein which are owned by their respective licensors) and/or any copies thereof, including without limitation any derivative works made (regardless of whether such derivative works were made and/or developed pursuant to the request and/or specifications of Licensee, and irrespective of any support and/or assistance Applitools may, will or had received from Licensee, or any third party on its behalf, with respect thereto), as well as any updates or upgrades thereto, if provided to Applitools pursuant to this Agreement, shall remain Applitools’ sole and exclusive property. All Intellectual Property Rights evidenced by or embodied in and/or attached/connected/related to the Software, or part thereof, are and shall be owned solely and exclusively by Applitools. Nothing in this Agreement shall constitute a waiver of Applitools’ Intellectual Property Rights under any law, or be in any way construed or interpreted as such. It is further agreed that to the extent Licensee provides Applitools with Feedback, Licensee acknowledges that any and all rights, including Intellectual Property Rights in such Feedback shall belong exclusively to Applitools and Licensee hereby irrevocably and unconditionally transfers and assigns to Applitools all intellectual property rights in such Feedback and waives any and all moral rights that Licensee may have in respect thereto. It is further understood that use of Feedback, if any, may be made by Applitools at its sole discretion, and that Applitools in no way shall be obliged to make use of any kind of the Feedback or part thereof. \n1. Warranty. Applitools warrants that to its knowledge it has the right to grant the license under this Agreement. Applitools’ sole liability for any breach of this warranty or any other warranty under this Agreement shall be, at Applitools’ sole discretion: (i) to replace or repair the Software or the applicable portion thereof; or (ii) to terminate this Agreement.\n2. Warranty Exclusions. The warranties set forth in Section ‎4 are contingent upon Licensee’s proper use of the Software, and shall not apply to damage caused by abuse, misuse, alteration, neglect or unauthorized repair or installation, or by the use or attempted use of Software other than that supplied and supported by Applitools. Applitools will use reasonable commercial efforts to repair or replace the Software or the applicable portion thereof, pursuant to the foregoing warranty within thirty (30) days of being so notified.\n1. Warranty Disclaimers. AS BETWEEN LICENSEE AND APPLITOOLS, EXCEPT AS SET IN SECTION ‎4, THE SOFTWARE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND INCLUDING, WITHOUT LIMITATION, REPRESENTATIONS, WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR INTENDED OR PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, THAT THE SOFTWARE WILL MEET LICENSEE’S REQUIREMENTS OR EXPECTATIONS OR WILL ACHIEVE ANY SPECIFIC RESULTS AND THOSE ARISING BY STATUTE OR FROM A COURSE OF DEALING OR USAGE OF TRADE. Applicable law may not allow the exclusion of certain warranties, so to that extent such exclusions may not apply.\n1. High Risk Activities. You acknowledge that the Software is not fault tolerant and is not designed, manufactured, or intended for use or resale as on-line control equipment in hazardous or high risk environments and activities requiring fail-safe performance (such as in the operation of nuclear facilities, aircraft navigation or communication systems, air traffic control, direct life support machines and/or devices, or weapons systems) in which the failure of the Software could lead directly to death, personal injury, or severe physical or environmental damage, and You agree not to use or allow the use of the Software or any portion thereof for, or in connection with, any such environment or activity.\n1. Indemnify. You agree that Applitools shall have no liability whatsoever for any use made of the Software by You or any third party. You hereby agree to defend, indemnify and hold harmless Applitools and its affiliates and their respective officers, directors, agents and employees from any and all claims, damages, liabilities, costs, and expenses (including attorney’s fees) arising from claims related to Your use of the Software as well as from Your failure to comply with this Agreement.\n1. Limitation of Liability. UNDER NO CIRCUMSTANCES SHALL APPLITOOLS AND/OR ITS AFFILIATES BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, OR FOR ANY LOSS OF DATA, REVENUE, BUSINESS OR REPUTATION, THAT ARISES UNDER OR IN CONNECTION WITH THIS AGREEMENT, OR THAT RESULTS FROM THE USE OF, OR THE INABILITY TO USE, THE SOFTWARE. APPLITOOLS’S TOTAL AGGREGATE LIABILITY FOR ANY AND ALL DIRECT DAMAGES AND LOSSES THAT ARISE UNDER OR IN CONNECTION WITH THIS AGREEMENT SHALL NOT IN ANY CIRCUMSTANCE EXCEED THE AMOUNT OF 100.00 (ONE HUNDRED) UNITED STATES DOLLARS. THE FOREGOING LIMITATIONS AND EXCLUSIONS IN THIS SECTION ‎7 SHALL APPLY: (I) EVEN IF APPLITOOLS HAS BEEN ADVISED OF THE POSSIBILITY OF ANY DAMAGES OR LOSSES; (II) EVEN IF ANY REMEDY SET FORTH HEREIN FAILS OF ITS ESSENTIAL PURPOSE; AND (III) REGARDLESS OF THE BASIS OR THEORY OF LIABILITY.\n1. Export Laws. Licensee agrees to comply fully with all U.S., EU, Israeli, and all applicable export laws and regulations to ensure that neither the Software nor any technical data related thereto are exported or re-exported directly or indirectly in violation of, or used for any purposes prohibited by, such laws and regulations. For clarity, and without derogating from Section ‎11 below, in case of any change of any applicable law, policy or regulation, which might affect Applitools’ business, Applitools will have the right to terminate this Agreement and the license granted hereunder and the Licensee shall have no claims regarding such termination. \n1. Term and Termination. This Agreement shall continue until terminated as set forth in this section (the “Term”). You may terminate this Agreement at any time by removing the Software from Your system and destroying all copies of the Software and Documentation relating to the Software. Unauthorized copying of the Software or otherwise failing to comply with this Agreement will result in automatic immediate termination of this Agreement and will make available to Applitools legal remedies. Applitools reserves the right to terminate this Agreement and the License at any time and without notice. Upon termination of this Agreement, the License will terminate and You: (i) will cease any and all rights to use the Software, and (ii) will remove the Software from all hard drives, networks and other storage media and destroy all copies of the Software in your possession or under your control. 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This Agreement are governed by and construed under the laws of the State of Israel, excluding its conflicts of law rules. You expressly agree that the exclusive jurisdiction for any claim or action arising out of or relating to this Agreement shall be the courts located in Tel Aviv, Israel, and You further agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action. 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BY INSTALLING, ACCESSING AND/OR USING THE SOFTWARE (AS DEFINED BELOW), YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOU, OR THE COMPANY YOU REPRESENT, (“YOU” OR “LICENSEE”) ARE ENTERING INTO A LEGAL AGREEMENT WITH APPLITOOLS LTD. AND ITS AFFILIATES (“APPLITOOLS”), AND HAVE UNDERSTOOD AND AGREE TO COMPLY WITH, AND BE LEGALLY BOUND BY, THE TERMS AND CONDITIONS OF THIS AGREEMENT. YOU HEREBY WAIVE ANY RIGHTS OR REQUIREMENTS UNDER ANY LAWS OR REGULATIONS IN ANY JURISDICTION WHICH REQUIRE AN ORIGINAL (NON-ELECTRONIC) SIGNATURE OR DELIVERY OR RETENTION OF NON-ELECTRONIC RECORDS, TO THE EXTENT PERMITTED UNDER APPLICABLE LAW. \nTHE SOFTWARE MAY BE USED SOLELY FOR YOUR PERSONAL, NON-COMMERCIAL PURPOSES. FOR COMMERCIAL PURPOSES PLEASE CONTACT THE REGIONAL APPLITOOLS BUSINESS REPRESENTATIVE. \n1. Definitions. For purposes of this Agreement, the following capitalized terms shall have the following meaning:\n   1. “Documentation” means the user’s guides and technical manuals delivered by Applitools to Licensee.\n   2.  “Feedback” means suggestions, comments or feedback (whether orally or in writing) with respect to the Software.\n   3. “Intellectual Property Rights” means all intangible legal rights, titles and interests evidenced by or embodied in all: (i) inventions (regardless of patentability and whether or not reduced to practice), improvements thereto, patents, patent applications, patent disclosures, together with all reissuances, continuations, continuations in part, revisions, extensions and reexaminations thereof; (ii) trademarks, service marks, trade dress, logos, trade names, corporate names, together with translations, adaptations, derivations and combinations thereof, including goodwill associated therewith, and applications, registrations, and renewals in connection therewith; (iii) any work of authorship, regardless of copyrightable, copyrightable works, copyrights (including moral rights), and applications, registrations and renewals in connection therewith; (iv) mask works and applications, registrations and renewals in connection therewith; (v) trade secrets and Confidential Information; and (vi) other proprietary rights and any other similar rights, in each case on a worldwide basis, and copies and tangible embodiments thereof, in whatever form or medium.\n   4. “License” means the right to use the Software pursuant to Section ‎2.1 to this Agreement.\n   5.  “Software” means Applitools’ software development kit software in object or source code version, Documentation and any updates and upgrade thereto (to the extent delivered).\n1. License\n   1. Grant of License. Subject to the terms and conditions of this Agreement, Applitools grants You, during the Term, a personal, non-exclusive, non-sublicensable, non-transferable, revocable license to: (i) use the Software solely for Your own personal (non-commercial) use and (ii) use and display Applitools’ Marks solely for the purpose of publicizing or advertising that You are using the Software. \n   2. Documentation. Applitools may make available Documentation to Licensee for Licensee to use solely in connection with Licensee’s use of the Software during the term of this Agreement. Licensee may print or copy the Documentation as needed for its own purposes provided that all copyright notices are included therein. The Documentation shall be considered the Confidential Information of Applitools. \n   1. Reservation of Rights; Use Restrictions. Other than the rights explicitly granted in this Agreement, Licensee shall have no other rights, express or implied, in the Software. Without limiting the generality of the foregoing, Licensee agrees and undertakes not to: (i) allow any third party to use the Software in any manner, including but not limited to, sell, lease, sublicense or distribute the Software, or any part thereof; (ii) modify, revise, or alter the Software or reverse engineer, decompile, disassemble or otherwise reduce to human-perceivable form the Software’s source code; (iii) copy or allow copies of the Software to be made; (iv) remove, alter or obscure any proprietary notice or identification, including copyright, trademark, patent or other notices, contained in or displayed on or via the Software; (v) use the Software to violate any applicable laws, rules or regulations, or for any unlawful, harmful, irresponsible, or inappropriate purpose, or in any manner that breaches this Agreement, and/or (vi) represent that it possesses any proprietary interest in the Software.\n   1. Third Party Software. Licensee acknowledges and agrees that any third party software (“Third Party Software”) that provided with the Software is provided under the terms of the license attached/linked thereto or, if no such license is attached, such Third Party Software is provided for free and on “AS IS” basis. Applitools is not liable for any losses or damages which may occur resulting from the use of any Third Party Software. Applitools does not possess any proprietary interest in such Third Party Software. \n   1. Open Source Licenses. The Software includes certain open source code software and materials (as shall be listed in the documentation of the Software) (“Open Source Software”) that are subject to their respective open source licenses (“Open Source Licenses”). Such Open Source Licenses contain a list of conditions with respect to warranty, copyright policy and other provisions. By executing this Agreement, Licensee undertakes to strictly comply with the terms and condition of the Open Source Licenses, as may be amended from time to time. In order to comply with the Open Source Licenses, Licensee shall read the respective licenses or notices, such list of Open Source Licenses may be amended from time to time by Applitools, at its sole discretion. In the event of any inconsistencies or conflicting provisions between the provisions of the Open Source Licenses and the provisions of this Agreement, the provisions of the Open Source Licenses shall prevail. Without derogating from the generality of the foregoing, it is clarified that any Open Source Software is provided on an “AS IS” basis, without indemnity or warranty of any kind, whether express or implied. For clarity, the representations and warranties set forth in Section ‎4 hereunder shall not apply to any Open Source Software.\n1. Title & Ownership. APPLITOOLS DOES NOT SELL OR TRANSFER TITLE IN THE SOFTWARE, OR ANY PART THEREOF, TO LICENSEE. The Documentation, Software (excluding any Open Source Software and Third Party Software therein which are owned by their respective licensors) and/or any copies thereof, including without limitation any derivative works made (regardless of whether such derivative works were made and/or developed pursuant to the request and/or specifications of Licensee, and irrespective of any support and/or assistance Applitools may, will or had received from Licensee, or any third party on its behalf, with respect thereto), as well as any updates or upgrades thereto, if provided to Applitools pursuant to this Agreement, shall remain Applitools’ sole and exclusive property. All Intellectual Property Rights evidenced by or embodied in and/or attached/connected/related to the Software, or part thereof, are and shall be owned solely and exclusively by Applitools. Nothing in this Agreement shall constitute a waiver of Applitools’ Intellectual Property Rights under any law, or be in any way construed or interpreted as such. It is further agreed that to the extent Licensee provides Applitools with Feedback, Licensee acknowledges that any and all rights, including Intellectual Property Rights in such Feedback shall belong exclusively to Applitools and Licensee hereby irrevocably and unconditionally transfers and assigns to Applitools all intellectual property rights in such Feedback and waives any and all moral rights that Licensee may have in respect thereto. It is further understood that use of Feedback, if any, may be made by Applitools at its sole discretion, and that Applitools in no way shall be obliged to make use of any kind of the Feedback or part thereof. \n1. Warranty. Applitools warrants that to its knowledge it has the right to grant the license under this Agreement. Applitools’ sole liability for any breach of this warranty or any other warranty under this Agreement shall be, at Applitools’ sole discretion: (i) to replace or repair the Software or the applicable portion thereof; or (ii) to terminate this Agreement.\n2. Warranty Exclusions. The warranties set forth in Section ‎4 are contingent upon Licensee’s proper use of the Software, and shall not apply to damage caused by abuse, misuse, alteration, neglect or unauthorized repair or installation, or by the use or attempted use of Software other than that supplied and supported by Applitools. Applitools will use reasonable commercial efforts to repair or replace the Software or the applicable portion thereof, pursuant to the foregoing warranty within thirty (30) days of being so notified.\n1. Warranty Disclaimers. AS BETWEEN LICENSEE AND APPLITOOLS, EXCEPT AS SET IN SECTION ‎4, THE SOFTWARE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND INCLUDING, WITHOUT LIMITATION, REPRESENTATIONS, WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR INTENDED OR PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, THAT THE SOFTWARE WILL MEET LICENSEE’S REQUIREMENTS OR EXPECTATIONS OR WILL ACHIEVE ANY SPECIFIC RESULTS AND THOSE ARISING BY STATUTE OR FROM A COURSE OF DEALING OR USAGE OF TRADE. Applicable law may not allow the exclusion of certain warranties, so to that extent such exclusions may not apply.\n1. High Risk Activities. You acknowledge that the Software is not fault tolerant and is not designed, manufactured, or intended for use or resale as on-line control equipment in hazardous or high risk environments and activities requiring fail-safe performance (such as in the operation of nuclear facilities, aircraft navigation or communication systems, air traffic control, direct life support machines and/or devices, or weapons systems) in which the failure of the Software could lead directly to death, personal injury, or severe physical or environmental damage, and You agree not to use or allow the use of the Software or any portion thereof for, or in connection with, any such environment or activity.\n1. Indemnify. You agree that Applitools shall have no liability whatsoever for any use made of the Software by You or any third party. You hereby agree to defend, indemnify and hold harmless Applitools and its affiliates and their respective officers, directors, agents and employees from any and all claims, damages, liabilities, costs, and expenses (including attorney’s fees) arising from claims related to Your use of the Software as well as from Your failure to comply with this Agreement.\n1. Limitation of Liability. UNDER NO CIRCUMSTANCES SHALL APPLITOOLS AND/OR ITS AFFILIATES BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, OR FOR ANY LOSS OF DATA, REVENUE, BUSINESS OR REPUTATION, THAT ARISES UNDER OR IN CONNECTION WITH THIS AGREEMENT, OR THAT RESULTS FROM THE USE OF, OR THE INABILITY TO USE, THE SOFTWARE. APPLITOOLS’S TOTAL AGGREGATE LIABILITY FOR ANY AND ALL DIRECT DAMAGES AND LOSSES THAT ARISE UNDER OR IN CONNECTION WITH THIS AGREEMENT SHALL NOT IN ANY CIRCUMSTANCE EXCEED THE AMOUNT OF 100.00 (ONE HUNDRED) UNITED STATES DOLLARS. THE FOREGOING LIMITATIONS AND EXCLUSIONS IN THIS SECTION ‎7 SHALL APPLY: (I) EVEN IF APPLITOOLS HAS BEEN ADVISED OF THE POSSIBILITY OF ANY DAMAGES OR LOSSES; (II) EVEN IF ANY REMEDY SET FORTH HEREIN FAILS OF ITS ESSENTIAL PURPOSE; AND (III) REGARDLESS OF THE BASIS OR THEORY OF LIABILITY.\n1. Export Laws. Licensee agrees to comply fully with all U.S., EU, Israeli, and all applicable export laws and regulations to ensure that neither the Software nor any technical data related thereto are exported or re-exported directly or indirectly in violation of, or used for any purposes prohibited by, such laws and regulations. For clarity, and without derogating from Section ‎11 below, in case of any change of any applicable law, policy or regulation, which might affect Applitools’ business, Applitools will have the right to terminate this Agreement and the license granted hereunder and the Licensee shall have no claims regarding such termination. \n1. Term and Termination. This Agreement shall continue until terminated as set forth in this section (the “Term”). You may terminate this Agreement at any time by removing the Software from Your system and destroying all copies of the Software and Documentation relating to the Software. Unauthorized copying of the Software or otherwise failing to comply with this Agreement will result in automatic immediate termination of this Agreement and will make available to Applitools legal remedies. Applitools reserves the right to terminate this Agreement and the License at any time and without notice. Upon termination of this Agreement, the License will terminate and You: (i) will cease any and all rights to use the Software, and (ii) will remove the Software from all hard drives, networks and other storage media and destroy all copies of the Software in your possession or under your control. 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This Agreement are governed by and construed under the laws of the State of Israel, excluding its conflicts of law rules. You expressly agree that the exclusive jurisdiction for any claim or action arising out of or relating to this Agreement shall be the courts located in Tel Aviv, Israel, and You further agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action. 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BY INSTALLING, ACCESSING AND/OR USING THE SOFTWARE (AS DEFINED BELOW), YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOU, OR THE COMPANY YOU REPRESENT, (“YOU” OR “LICENSEE”) ARE ENTERING INTO A LEGAL AGREEMENT WITH APPLITOOLS LTD. AND ITS AFFILIATES (“APPLITOOLS”), AND HAVE UNDERSTOOD AND AGREE TO COMPLY WITH, AND BE LEGALLY BOUND BY, THE TERMS AND CONDITIONS OF THIS AGREEMENT. YOU HEREBY WAIVE ANY RIGHTS OR REQUIREMENTS UNDER ANY LAWS OR REGULATIONS IN ANY JURISDICTION WHICH REQUIRE AN ORIGINAL (NON-ELECTRONIC) SIGNATURE OR DELIVERY OR RETENTION OF NON-ELECTRONIC RECORDS, TO THE EXTENT PERMITTED UNDER APPLICABLE LAW. \nTHE SOFTWARE MAY BE USED SOLELY FOR YOUR PERSONAL, NON-COMMERCIAL PURPOSES. FOR COMMERCIAL PURPOSES PLEASE CONTACT THE REGIONAL APPLITOOLS BUSINESS REPRESENTATIVE. \n1. Definitions. For purposes of this Agreement, the following capitalized terms shall have the following meaning:\n   1. “Documentation” means the user’s guides and technical manuals delivered by Applitools to Licensee.\n   2.  “Feedback” means suggestions, comments or feedback (whether orally or in writing) with respect to the Software.\n   3. “Intellectual Property Rights” means all intangible legal rights, titles and interests evidenced by or embodied in all: (i) inventions (regardless of patentability and whether or not reduced to practice), improvements thereto, patents, patent applications, patent disclosures, together with all reissuances, continuations, continuations in part, revisions, extensions and reexaminations thereof; (ii) trademarks, service marks, trade dress, logos, trade names, corporate names, together with translations, adaptations, derivations and combinations thereof, including goodwill associated therewith, and applications, registrations, and renewals in connection therewith; (iii) any work of authorship, regardless of copyrightable, copyrightable works, copyrights (including moral rights), and applications, registrations and renewals in connection therewith; (iv) mask works and applications, registrations and renewals in connection therewith; (v) trade secrets and Confidential Information; and (vi) other proprietary rights and any other similar rights, in each case on a worldwide basis, and copies and tangible embodiments thereof, in whatever form or medium.\n   4. “License” means the right to use the Software pursuant to Section ‎2.1 to this Agreement.\n   5.  “Software” means Applitools’ software development kit software in object or source code version, Documentation and any updates and upgrade thereto (to the extent delivered).\n1. License\n   1. Grant of License. Subject to the terms and conditions of this Agreement, Applitools grants You, during the Term, a personal, non-exclusive, non-sublicensable, non-transferable, revocable license to: (i) use the Software solely for Your own personal (non-commercial) use and (ii) use and display Applitools’ Marks solely for the purpose of publicizing or advertising that You are using the Software. \n   2. Documentation. Applitools may make available Documentation to Licensee for Licensee to use solely in connection with Licensee’s use of the Software during the term of this Agreement. Licensee may print or copy the Documentation as needed for its own purposes provided that all copyright notices are included therein. The Documentation shall be considered the Confidential Information of Applitools. \n   1. Reservation of Rights; Use Restrictions. Other than the rights explicitly granted in this Agreement, Licensee shall have no other rights, express or implied, in the Software. Without limiting the generality of the foregoing, Licensee agrees and undertakes not to: (i) allow any third party to use the Software in any manner, including but not limited to, sell, lease, sublicense or distribute the Software, or any part thereof; (ii) modify, revise, or alter the Software or reverse engineer, decompile, disassemble or otherwise reduce to human-perceivable form the Software’s source code; (iii) copy or allow copies of the Software to be made; (iv) remove, alter or obscure any proprietary notice or identification, including copyright, trademark, patent or other notices, contained in or displayed on or via the Software; (v) use the Software to violate any applicable laws, rules or regulations, or for any unlawful, harmful, irresponsible, or inappropriate purpose, or in any manner that breaches this Agreement, and/or (vi) represent that it possesses any proprietary interest in the Software.\n   1. Third Party Software. Licensee acknowledges and agrees that any third party software (“Third Party Software”) that provided with the Software is provided under the terms of the license attached/linked thereto or, if no such license is attached, such Third Party Software is provided for free and on “AS IS” basis. Applitools is not liable for any losses or damages which may occur resulting from the use of any Third Party Software. Applitools does not possess any proprietary interest in such Third Party Software. \n   1. Open Source Licenses. The Software includes certain open source code software and materials (as shall be listed in the documentation of the Software) (“Open Source Software”) that are subject to their respective open source licenses (“Open Source Licenses”). Such Open Source Licenses contain a list of conditions with respect to warranty, copyright policy and other provisions. By executing this Agreement, Licensee undertakes to strictly comply with the terms and condition of the Open Source Licenses, as may be amended from time to time. In order to comply with the Open Source Licenses, Licensee shall read the respective licenses or notices, such list of Open Source Licenses may be amended from time to time by Applitools, at its sole discretion. In the event of any inconsistencies or conflicting provisions between the provisions of the Open Source Licenses and the provisions of this Agreement, the provisions of the Open Source Licenses shall prevail. Without derogating from the generality of the foregoing, it is clarified that any Open Source Software is provided on an “AS IS” basis, without indemnity or warranty of any kind, whether express or implied. For clarity, the representations and warranties set forth in Section ‎4 hereunder shall not apply to any Open Source Software.\n1. Title & Ownership. APPLITOOLS DOES NOT SELL OR TRANSFER TITLE IN THE SOFTWARE, OR ANY PART THEREOF, TO LICENSEE. The Documentation, Software (excluding any Open Source Software and Third Party Software therein which are owned by their respective licensors) and/or any copies thereof, including without limitation any derivative works made (regardless of whether such derivative works were made and/or developed pursuant to the request and/or specifications of Licensee, and irrespective of any support and/or assistance Applitools may, will or had received from Licensee, or any third party on its behalf, with respect thereto), as well as any updates or upgrades thereto, if provided to Applitools pursuant to this Agreement, shall remain Applitools’ sole and exclusive property. All Intellectual Property Rights evidenced by or embodied in and/or attached/connected/related to the Software, or part thereof, are and shall be owned solely and exclusively by Applitools. Nothing in this Agreement shall constitute a waiver of Applitools’ Intellectual Property Rights under any law, or be in any way construed or interpreted as such. It is further agreed that to the extent Licensee provides Applitools with Feedback, Licensee acknowledges that any and all rights, including Intellectual Property Rights in such Feedback shall belong exclusively to Applitools and Licensee hereby irrevocably and unconditionally transfers and assigns to Applitools all intellectual property rights in such Feedback and waives any and all moral rights that Licensee may have in respect thereto. It is further understood that use of Feedback, if any, may be made by Applitools at its sole discretion, and that Applitools in no way shall be obliged to make use of any kind of the Feedback or part thereof. \n1. Warranty. Applitools warrants that to its knowledge it has the right to grant the license under this Agreement. Applitools’ sole liability for any breach of this warranty or any other warranty under this Agreement shall be, at Applitools’ sole discretion: (i) to replace or repair the Software or the applicable portion thereof; or (ii) to terminate this Agreement.\n2. Warranty Exclusions. The warranties set forth in Section ‎4 are contingent upon Licensee’s proper use of the Software, and shall not apply to damage caused by abuse, misuse, alteration, neglect or unauthorized repair or installation, or by the use or attempted use of Software other than that supplied and supported by Applitools. Applitools will use reasonable commercial efforts to repair or replace the Software or the applicable portion thereof, pursuant to the foregoing warranty within thirty (30) days of being so notified.\n1. Warranty Disclaimers. AS BETWEEN LICENSEE AND APPLITOOLS, EXCEPT AS SET IN SECTION ‎4, THE SOFTWARE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND INCLUDING, WITHOUT LIMITATION, REPRESENTATIONS, WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR INTENDED OR PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, THAT THE SOFTWARE WILL MEET LICENSEE’S REQUIREMENTS OR EXPECTATIONS OR WILL ACHIEVE ANY SPECIFIC RESULTS AND THOSE ARISING BY STATUTE OR FROM A COURSE OF DEALING OR USAGE OF TRADE. Applicable law may not allow the exclusion of certain warranties, so to that extent such exclusions may not apply.\n1. High Risk Activities. You acknowledge that the Software is not fault tolerant and is not designed, manufactured, or intended for use or resale as on-line control equipment in hazardous or high risk environments and activities requiring fail-safe performance (such as in the operation of nuclear facilities, aircraft navigation or communication systems, air traffic control, direct life support machines and/or devices, or weapons systems) in which the failure of the Software could lead directly to death, personal injury, or severe physical or environmental damage, and You agree not to use or allow the use of the Software or any portion thereof for, or in connection with, any such environment or activity.\n1. Indemnify. You agree that Applitools shall have no liability whatsoever for any use made of the Software by You or any third party. You hereby agree to defend, indemnify and hold harmless Applitools and its affiliates and their respective officers, directors, agents and employees from any and all claims, damages, liabilities, costs, and expenses (including attorney’s fees) arising from claims related to Your use of the Software as well as from Your failure to comply with this Agreement.\n1. Limitation of Liability. UNDER NO CIRCUMSTANCES SHALL APPLITOOLS AND/OR ITS AFFILIATES BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, OR FOR ANY LOSS OF DATA, REVENUE, BUSINESS OR REPUTATION, THAT ARISES UNDER OR IN CONNECTION WITH THIS AGREEMENT, OR THAT RESULTS FROM THE USE OF, OR THE INABILITY TO USE, THE SOFTWARE. APPLITOOLS’S TOTAL AGGREGATE LIABILITY FOR ANY AND ALL DIRECT DAMAGES AND LOSSES THAT ARISE UNDER OR IN CONNECTION WITH THIS AGREEMENT SHALL NOT IN ANY CIRCUMSTANCE EXCEED THE AMOUNT OF 100.00 (ONE HUNDRED) UNITED STATES DOLLARS. THE FOREGOING LIMITATIONS AND EXCLUSIONS IN THIS SECTION ‎7 SHALL APPLY: (I) EVEN IF APPLITOOLS HAS BEEN ADVISED OF THE POSSIBILITY OF ANY DAMAGES OR LOSSES; (II) EVEN IF ANY REMEDY SET FORTH HEREIN FAILS OF ITS ESSENTIAL PURPOSE; AND (III) REGARDLESS OF THE BASIS OR THEORY OF LIABILITY.\n1. Export Laws. Licensee agrees to comply fully with all U.S., EU, Israeli, and all applicable export laws and regulations to ensure that neither the Software nor any technical data related thereto are exported or re-exported directly or indirectly in violation of, or used for any purposes prohibited by, such laws and regulations. For clarity, and without derogating from Section ‎11 below, in case of any change of any applicable law, policy or regulation, which might affect Applitools’ business, Applitools will have the right to terminate this Agreement and the license granted hereunder and the Licensee shall have no claims regarding such termination. \n1. Term and Termination. This Agreement shall continue until terminated as set forth in this section (the “Term”). You may terminate this Agreement at any time by removing the Software from Your system and destroying all copies of the Software and Documentation relating to the Software. Unauthorized copying of the Software or otherwise failing to comply with this Agreement will result in automatic immediate termination of this Agreement and will make available to Applitools legal remedies. Applitools reserves the right to terminate this Agreement and the License at any time and without notice. Upon termination of this Agreement, the License will terminate and You: (i) will cease any and all rights to use the Software, and (ii) will remove the Software from all hard drives, networks and other storage media and destroy all copies of the Software in your possession or under your control. 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This Agreement are governed by and construed under the laws of the State of Israel, excluding its conflicts of law rules. You expressly agree that the exclusive jurisdiction for any claim or action arising out of or relating to this Agreement shall be the courts located in Tel Aviv, Israel, and You further agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action. 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BY INSTALLING, ACCESSING AND/OR USING THE SOFTWARE (AS DEFINED BELOW), YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOU, OR THE COMPANY YOU REPRESENT, (“YOU” OR “LICENSEE”) ARE ENTERING INTO A LEGAL AGREEMENT WITH APPLITOOLS LTD. AND ITS AFFILIATES (“APPLITOOLS”), AND HAVE UNDERSTOOD AND AGREE TO COMPLY WITH, AND BE LEGALLY BOUND BY, THE TERMS AND CONDITIONS OF THIS AGREEMENT. YOU HEREBY WAIVE ANY RIGHTS OR REQUIREMENTS UNDER ANY LAWS OR REGULATIONS IN ANY JURISDICTION WHICH REQUIRE AN ORIGINAL (NON-ELECTRONIC) SIGNATURE OR DELIVERY OR RETENTION OF NON-ELECTRONIC RECORDS, TO THE EXTENT PERMITTED UNDER APPLICABLE LAW. \nTHE SOFTWARE MAY BE USED SOLELY FOR YOUR PERSONAL, NON-COMMERCIAL PURPOSES. FOR COMMERCIAL PURPOSES PLEASE CONTACT THE REGIONAL APPLITOOLS BUSINESS REPRESENTATIVE. \n1. Definitions. For purposes of this Agreement, the following capitalized terms shall have the following meaning:\n   1. “Documentation” means the user’s guides and technical manuals delivered by Applitools to Licensee.\n   2.  “Feedback” means suggestions, comments or feedback (whether orally or in writing) with respect to the Software.\n   3. “Intellectual Property Rights” means all intangible legal rights, titles and interests evidenced by or embodied in all: (i) inventions (regardless of patentability and whether or not reduced to practice), improvements thereto, patents, patent applications, patent disclosures, together with all reissuances, continuations, continuations in part, revisions, extensions and reexaminations thereof; (ii) trademarks, service marks, trade dress, logos, trade names, corporate names, together with translations, adaptations, derivations and combinations thereof, including goodwill associated therewith, and applications, registrations, and renewals in connection therewith; (iii) any work of authorship, regardless of copyrightable, copyrightable works, copyrights (including moral rights), and applications, registrations and renewals in connection therewith; (iv) mask works and applications, registrations and renewals in connection therewith; (v) trade secrets and Confidential Information; and (vi) other proprietary rights and any other similar rights, in each case on a worldwide basis, and copies and tangible embodiments thereof, in whatever form or medium.\n   4. “License” means the right to use the Software pursuant to Section ‎2.1 to this Agreement.\n   5.  “Software” means Applitools’ software development kit software in object or source code version, Documentation and any updates and upgrade thereto (to the extent delivered).\n1. License\n   1. Grant of License. Subject to the terms and conditions of this Agreement, Applitools grants You, during the Term, a personal, non-exclusive, non-sublicensable, non-transferable, revocable license to: (i) use the Software solely for Your own personal (non-commercial) use and (ii) use and display Applitools’ Marks solely for the purpose of publicizing or advertising that You are using the Software. \n   2. Documentation. Applitools may make available Documentation to Licensee for Licensee to use solely in connection with Licensee’s use of the Software during the term of this Agreement. Licensee may print or copy the Documentation as needed for its own purposes provided that all copyright notices are included therein. The Documentation shall be considered the Confidential Information of Applitools. \n   1. Reservation of Rights; Use Restrictions. Other than the rights explicitly granted in this Agreement, Licensee shall have no other rights, express or implied, in the Software. Without limiting the generality of the foregoing, Licensee agrees and undertakes not to: (i) allow any third party to use the Software in any manner, including but not limited to, sell, lease, sublicense or distribute the Software, or any part thereof; (ii) modify, revise, or alter the Software or reverse engineer, decompile, disassemble or otherwise reduce to human-perceivable form the Software’s source code; (iii) copy or allow copies of the Software to be made; (iv) remove, alter or obscure any proprietary notice or identification, including copyright, trademark, patent or other notices, contained in or displayed on or via the Software; (v) use the Software to violate any applicable laws, rules or regulations, or for any unlawful, harmful, irresponsible, or inappropriate purpose, or in any manner that breaches this Agreement, and/or (vi) represent that it possesses any proprietary interest in the Software.\n   1. Third Party Software. Licensee acknowledges and agrees that any third party software (“Third Party Software”) that provided with the Software is provided under the terms of the license attached/linked thereto or, if no such license is attached, such Third Party Software is provided for free and on “AS IS” basis. Applitools is not liable for any losses or damages which may occur resulting from the use of any Third Party Software. Applitools does not possess any proprietary interest in such Third Party Software. \n   1. Open Source Licenses. The Software includes certain open source code software and materials (as shall be listed in the documentation of the Software) (“Open Source Software”) that are subject to their respective open source licenses (“Open Source Licenses”). Such Open Source Licenses contain a list of conditions with respect to warranty, copyright policy and other provisions. By executing this Agreement, Licensee undertakes to strictly comply with the terms and condition of the Open Source Licenses, as may be amended from time to time. In order to comply with the Open Source Licenses, Licensee shall read the respective licenses or notices, such list of Open Source Licenses may be amended from time to time by Applitools, at its sole discretion. In the event of any inconsistencies or conflicting provisions between the provisions of the Open Source Licenses and the provisions of this Agreement, the provisions of the Open Source Licenses shall prevail. Without derogating from the generality of the foregoing, it is clarified that any Open Source Software is provided on an “AS IS” basis, without indemnity or warranty of any kind, whether express or implied. For clarity, the representations and warranties set forth in Section ‎4 hereunder shall not apply to any Open Source Software.\n1. Title & Ownership. APPLITOOLS DOES NOT SELL OR TRANSFER TITLE IN THE SOFTWARE, OR ANY PART THEREOF, TO LICENSEE. The Documentation, Software (excluding any Open Source Software and Third Party Software therein which are owned by their respective licensors) and/or any copies thereof, including without limitation any derivative works made (regardless of whether such derivative works were made and/or developed pursuant to the request and/or specifications of Licensee, and irrespective of any support and/or assistance Applitools may, will or had received from Licensee, or any third party on its behalf, with respect thereto), as well as any updates or upgrades thereto, if provided to Applitools pursuant to this Agreement, shall remain Applitools’ sole and exclusive property. All Intellectual Property Rights evidenced by or embodied in and/or attached/connected/related to the Software, or part thereof, are and shall be owned solely and exclusively by Applitools. Nothing in this Agreement shall constitute a waiver of Applitools’ Intellectual Property Rights under any law, or be in any way construed or interpreted as such. It is further agreed that to the extent Licensee provides Applitools with Feedback, Licensee acknowledges that any and all rights, including Intellectual Property Rights in such Feedback shall belong exclusively to Applitools and Licensee hereby irrevocably and unconditionally transfers and assigns to Applitools all intellectual property rights in such Feedback and waives any and all moral rights that Licensee may have in respect thereto. It is further understood that use of Feedback, if any, may be made by Applitools at its sole discretion, and that Applitools in no way shall be obliged to make use of any kind of the Feedback or part thereof. \n1. Warranty. Applitools warrants that to its knowledge it has the right to grant the license under this Agreement. Applitools’ sole liability for any breach of this warranty or any other warranty under this Agreement shall be, at Applitools’ sole discretion: (i) to replace or repair the Software or the applicable portion thereof; or (ii) to terminate this Agreement.\n2. Warranty Exclusions. The warranties set forth in Section ‎4 are contingent upon Licensee’s proper use of the Software, and shall not apply to damage caused by abuse, misuse, alteration, neglect or unauthorized repair or installation, or by the use or attempted use of Software other than that supplied and supported by Applitools. Applitools will use reasonable commercial efforts to repair or replace the Software or the applicable portion thereof, pursuant to the foregoing warranty within thirty (30) days of being so notified.\n1. Warranty Disclaimers. AS BETWEEN LICENSEE AND APPLITOOLS, EXCEPT AS SET IN SECTION ‎4, THE SOFTWARE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND INCLUDING, WITHOUT LIMITATION, REPRESENTATIONS, WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR INTENDED OR PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, THAT THE SOFTWARE WILL MEET LICENSEE’S REQUIREMENTS OR EXPECTATIONS OR WILL ACHIEVE ANY SPECIFIC RESULTS AND THOSE ARISING BY STATUTE OR FROM A COURSE OF DEALING OR USAGE OF TRADE. Applicable law may not allow the exclusion of certain warranties, so to that extent such exclusions may not apply.\n1. High Risk Activities. You acknowledge that the Software is not fault tolerant and is not designed, manufactured, or intended for use or resale as on-line control equipment in hazardous or high risk environments and activities requiring fail-safe performance (such as in the operation of nuclear facilities, aircraft navigation or communication systems, air traffic control, direct life support machines and/or devices, or weapons systems) in which the failure of the Software could lead directly to death, personal injury, or severe physical or environmental damage, and You agree not to use or allow the use of the Software or any portion thereof for, or in connection with, any such environment or activity.\n1. Indemnify. You agree that Applitools shall have no liability whatsoever for any use made of the Software by You or any third party. You hereby agree to defend, indemnify and hold harmless Applitools and its affiliates and their respective officers, directors, agents and employees from any and all claims, damages, liabilities, costs, and expenses (including attorney’s fees) arising from claims related to Your use of the Software as well as from Your failure to comply with this Agreement.\n1. Limitation of Liability. UNDER NO CIRCUMSTANCES SHALL APPLITOOLS AND/OR ITS AFFILIATES BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, OR FOR ANY LOSS OF DATA, REVENUE, BUSINESS OR REPUTATION, THAT ARISES UNDER OR IN CONNECTION WITH THIS AGREEMENT, OR THAT RESULTS FROM THE USE OF, OR THE INABILITY TO USE, THE SOFTWARE. APPLITOOLS’S TOTAL AGGREGATE LIABILITY FOR ANY AND ALL DIRECT DAMAGES AND LOSSES THAT ARISE UNDER OR IN CONNECTION WITH THIS AGREEMENT SHALL NOT IN ANY CIRCUMSTANCE EXCEED THE AMOUNT OF 100.00 (ONE HUNDRED) UNITED STATES DOLLARS. THE FOREGOING LIMITATIONS AND EXCLUSIONS IN THIS SECTION ‎7 SHALL APPLY: (I) EVEN IF APPLITOOLS HAS BEEN ADVISED OF THE POSSIBILITY OF ANY DAMAGES OR LOSSES; (II) EVEN IF ANY REMEDY SET FORTH HEREIN FAILS OF ITS ESSENTIAL PURPOSE; AND (III) REGARDLESS OF THE BASIS OR THEORY OF LIABILITY.\n1. Export Laws. Licensee agrees to comply fully with all U.S., EU, Israeli, and all applicable export laws and regulations to ensure that neither the Software nor any technical data related thereto are exported or re-exported directly or indirectly in violation of, or used for any purposes prohibited by, such laws and regulations. For clarity, and without derogating from Section ‎11 below, in case of any change of any applicable law, policy or regulation, which might affect Applitools’ business, Applitools will have the right to terminate this Agreement and the license granted hereunder and the Licensee shall have no claims regarding such termination. \n1. Term and Termination. This Agreement shall continue until terminated as set forth in this section (the “Term”). You may terminate this Agreement at any time by removing the Software from Your system and destroying all copies of the Software and Documentation relating to the Software. Unauthorized copying of the Software or otherwise failing to comply with this Agreement will result in automatic immediate termination of this Agreement and will make available to Applitools legal remedies. Applitools reserves the right to terminate this Agreement and the License at any time and without notice. Upon termination of this Agreement, the License will terminate and You: (i) will cease any and all rights to use the Software, and (ii) will remove the Software from all hard drives, networks and other storage media and destroy all copies of the Software in your possession or under your control. 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This Agreement are governed by and construed under the laws of the State of Israel, excluding its conflicts of law rules. You expressly agree that the exclusive jurisdiction for any claim or action arising out of or relating to this Agreement shall be the courts located in Tel Aviv, Israel, and You further agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action. 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BY INSTALLING, ACCESSING AND/OR USING THE SOFTWARE (AS DEFINED BELOW), YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOU, OR THE COMPANY YOU REPRESENT, (“YOU” OR “LICENSEE”) ARE ENTERING INTO A LEGAL AGREEMENT WITH APPLITOOLS LTD. AND ITS AFFILIATES (“APPLITOOLS”), AND HAVE UNDERSTOOD AND AGREE TO COMPLY WITH, AND BE LEGALLY BOUND BY, THE TERMS AND CONDITIONS OF THIS AGREEMENT. YOU HEREBY WAIVE ANY RIGHTS OR REQUIREMENTS UNDER ANY LAWS OR REGULATIONS IN ANY JURISDICTION WHICH REQUIRE AN ORIGINAL (NON-ELECTRONIC) SIGNATURE OR DELIVERY OR RETENTION OF NON-ELECTRONIC RECORDS, TO THE EXTENT PERMITTED UNDER APPLICABLE LAW. \nTHE SOFTWARE MAY BE USED SOLELY FOR YOUR PERSONAL, NON-COMMERCIAL PURPOSES. FOR COMMERCIAL PURPOSES PLEASE CONTACT THE REGIONAL APPLITOOLS BUSINESS REPRESENTATIVE. \n1. Definitions. For purposes of this Agreement, the following capitalized terms shall have the following meaning:\n   1. “Documentation” means the user’s guides and technical manuals delivered by Applitools to Licensee.\n   2.  “Feedback” means suggestions, comments or feedback (whether orally or in writing) with respect to the Software.\n   3. “Intellectual Property Rights” means all intangible legal rights, titles and interests evidenced by or embodied in all: (i) inventions (regardless of patentability and whether or not reduced to practice), improvements thereto, patents, patent applications, patent disclosures, together with all reissuances, continuations, continuations in part, revisions, extensions and reexaminations thereof; (ii) trademarks, service marks, trade dress, logos, trade names, corporate names, together with translations, adaptations, derivations and combinations thereof, including goodwill associated therewith, and applications, registrations, and renewals in connection therewith; (iii) any work of authorship, regardless of copyrightable, copyrightable works, copyrights (including moral rights), and applications, registrations and renewals in connection therewith; (iv) mask works and applications, registrations and renewals in connection therewith; (v) trade secrets and Confidential Information; and (vi) other proprietary rights and any other similar rights, in each case on a worldwide basis, and copies and tangible embodiments thereof, in whatever form or medium.\n   4. “License” means the right to use the Software pursuant to Section ‎2.1 to this Agreement.\n   5.  “Software” means Applitools’ software development kit software in object or source code version, Documentation and any updates and upgrade thereto (to the extent delivered).\n1. License\n   1. Grant of License. Subject to the terms and conditions of this Agreement, Applitools grants You, during the Term, a personal, non-exclusive, non-sublicensable, non-transferable, revocable license to: (i) use the Software solely for Your own personal (non-commercial) use and (ii) use and display Applitools’ Marks solely for the purpose of publicizing or advertising that You are using the Software. \n   2. Documentation. Applitools may make available Documentation to Licensee for Licensee to use solely in connection with Licensee’s use of the Software during the term of this Agreement. Licensee may print or copy the Documentation as needed for its own purposes provided that all copyright notices are included therein. The Documentation shall be considered the Confidential Information of Applitools. \n   1. Reservation of Rights; Use Restrictions. Other than the rights explicitly granted in this Agreement, Licensee shall have no other rights, express or implied, in the Software. Without limiting the generality of the foregoing, Licensee agrees and undertakes not to: (i) allow any third party to use the Software in any manner, including but not limited to, sell, lease, sublicense or distribute the Software, or any part thereof; (ii) modify, revise, or alter the Software or reverse engineer, decompile, disassemble or otherwise reduce to human-perceivable form the Software’s source code; (iii) copy or allow copies of the Software to be made; (iv) remove, alter or obscure any proprietary notice or identification, including copyright, trademark, patent or other notices, contained in or displayed on or via the Software; (v) use the Software to violate any applicable laws, rules or regulations, or for any unlawful, harmful, irresponsible, or inappropriate purpose, or in any manner that breaches this Agreement, and/or (vi) represent that it possesses any proprietary interest in the Software.\n   1. Third Party Software. Licensee acknowledges and agrees that any third party software (“Third Party Software”) that provided with the Software is provided under the terms of the license attached/linked thereto or, if no such license is attached, such Third Party Software is provided for free and on “AS IS” basis. Applitools is not liable for any losses or damages which may occur resulting from the use of any Third Party Software. Applitools does not possess any proprietary interest in such Third Party Software. \n   1. Open Source Licenses. The Software includes certain open source code software and materials (as shall be listed in the documentation of the Software) (“Open Source Software”) that are subject to their respective open source licenses (“Open Source Licenses”). Such Open Source Licenses contain a list of conditions with respect to warranty, copyright policy and other provisions. By executing this Agreement, Licensee undertakes to strictly comply with the terms and condition of the Open Source Licenses, as may be amended from time to time. In order to comply with the Open Source Licenses, Licensee shall read the respective licenses or notices, such list of Open Source Licenses may be amended from time to time by Applitools, at its sole discretion. In the event of any inconsistencies or conflicting provisions between the provisions of the Open Source Licenses and the provisions of this Agreement, the provisions of the Open Source Licenses shall prevail. Without derogating from the generality of the foregoing, it is clarified that any Open Source Software is provided on an “AS IS” basis, without indemnity or warranty of any kind, whether express or implied. For clarity, the representations and warranties set forth in Section ‎4 hereunder shall not apply to any Open Source Software.\n1. Title & Ownership. APPLITOOLS DOES NOT SELL OR TRANSFER TITLE IN THE SOFTWARE, OR ANY PART THEREOF, TO LICENSEE. The Documentation, Software (excluding any Open Source Software and Third Party Software therein which are owned by their respective licensors) and/or any copies thereof, including without limitation any derivative works made (regardless of whether such derivative works were made and/or developed pursuant to the request and/or specifications of Licensee, and irrespective of any support and/or assistance Applitools may, will or had received from Licensee, or any third party on its behalf, with respect thereto), as well as any updates or upgrades thereto, if provided to Applitools pursuant to this Agreement, shall remain Applitools’ sole and exclusive property. All Intellectual Property Rights evidenced by or embodied in and/or attached/connected/related to the Software, or part thereof, are and shall be owned solely and exclusively by Applitools. Nothing in this Agreement shall constitute a waiver of Applitools’ Intellectual Property Rights under any law, or be in any way construed or interpreted as such. It is further agreed that to the extent Licensee provides Applitools with Feedback, Licensee acknowledges that any and all rights, including Intellectual Property Rights in such Feedback shall belong exclusively to Applitools and Licensee hereby irrevocably and unconditionally transfers and assigns to Applitools all intellectual property rights in such Feedback and waives any and all moral rights that Licensee may have in respect thereto. It is further understood that use of Feedback, if any, may be made by Applitools at its sole discretion, and that Applitools in no way shall be obliged to make use of any kind of the Feedback or part thereof. \n1. Warranty. Applitools warrants that to its knowledge it has the right to grant the license under this Agreement. Applitools’ sole liability for any breach of this warranty or any other warranty under this Agreement shall be, at Applitools’ sole discretion: (i) to replace or repair the Software or the applicable portion thereof; or (ii) to terminate this Agreement.\n2. Warranty Exclusions. The warranties set forth in Section ‎4 are contingent upon Licensee’s proper use of the Software, and shall not apply to damage caused by abuse, misuse, alteration, neglect or unauthorized repair or installation, or by the use or attempted use of Software other than that supplied and supported by Applitools. Applitools will use reasonable commercial efforts to repair or replace the Software or the applicable portion thereof, pursuant to the foregoing warranty within thirty (30) days of being so notified.\n1. Warranty Disclaimers. AS BETWEEN LICENSEE AND APPLITOOLS, EXCEPT AS SET IN SECTION ‎4, THE SOFTWARE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND INCLUDING, WITHOUT LIMITATION, REPRESENTATIONS, WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR INTENDED OR PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, THAT THE SOFTWARE WILL MEET LICENSEE’S REQUIREMENTS OR EXPECTATIONS OR WILL ACHIEVE ANY SPECIFIC RESULTS AND THOSE ARISING BY STATUTE OR FROM A COURSE OF DEALING OR USAGE OF TRADE. Applicable law may not allow the exclusion of certain warranties, so to that extent such exclusions may not apply.\n1. High Risk Activities. You acknowledge that the Software is not fault tolerant and is not designed, manufactured, or intended for use or resale as on-line control equipment in hazardous or high risk environments and activities requiring fail-safe performance (such as in the operation of nuclear facilities, aircraft navigation or communication systems, air traffic control, direct life support machines and/or devices, or weapons systems) in which the failure of the Software could lead directly to death, personal injury, or severe physical or environmental damage, and You agree not to use or allow the use of the Software or any portion thereof for, or in connection with, any such environment or activity.\n1. Indemnify. You agree that Applitools shall have no liability whatsoever for any use made of the Software by You or any third party. You hereby agree to defend, indemnify and hold harmless Applitools and its affiliates and their respective officers, directors, agents and employees from any and all claims, damages, liabilities, costs, and expenses (including attorney’s fees) arising from claims related to Your use of the Software as well as from Your failure to comply with this Agreement.\n1. Limitation of Liability. UNDER NO CIRCUMSTANCES SHALL APPLITOOLS AND/OR ITS AFFILIATES BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, OR FOR ANY LOSS OF DATA, REVENUE, BUSINESS OR REPUTATION, THAT ARISES UNDER OR IN CONNECTION WITH THIS AGREEMENT, OR THAT RESULTS FROM THE USE OF, OR THE INABILITY TO USE, THE SOFTWARE. APPLITOOLS’S TOTAL AGGREGATE LIABILITY FOR ANY AND ALL DIRECT DAMAGES AND LOSSES THAT ARISE UNDER OR IN CONNECTION WITH THIS AGREEMENT SHALL NOT IN ANY CIRCUMSTANCE EXCEED THE AMOUNT OF 100.00 (ONE HUNDRED) UNITED STATES DOLLARS. THE FOREGOING LIMITATIONS AND EXCLUSIONS IN THIS SECTION ‎7 SHALL APPLY: (I) EVEN IF APPLITOOLS HAS BEEN ADVISED OF THE POSSIBILITY OF ANY DAMAGES OR LOSSES; (II) EVEN IF ANY REMEDY SET FORTH HEREIN FAILS OF ITS ESSENTIAL PURPOSE; AND (III) REGARDLESS OF THE BASIS OR THEORY OF LIABILITY.\n1. Export Laws. Licensee agrees to comply fully with all U.S., EU, Israeli, and all applicable export laws and regulations to ensure that neither the Software nor any technical data related thereto are exported or re-exported directly or indirectly in violation of, or used for any purposes prohibited by, such laws and regulations. For clarity, and without derogating from Section ‎11 below, in case of any change of any applicable law, policy or regulation, which might affect Applitools’ business, Applitools will have the right to terminate this Agreement and the license granted hereunder and the Licensee shall have no claims regarding such termination. \n1. Term and Termination. This Agreement shall continue until terminated as set forth in this section (the “Term”). You may terminate this Agreement at any time by removing the Software from Your system and destroying all copies of the Software and Documentation relating to the Software. Unauthorized copying of the Software or otherwise failing to comply with this Agreement will result in automatic immediate termination of this Agreement and will make available to Applitools legal remedies. Applitools reserves the right to terminate this Agreement and the License at any time and without notice. Upon termination of this Agreement, the License will terminate and You: (i) will cease any and all rights to use the Software, and (ii) will remove the Software from all hard drives, networks and other storage media and destroy all copies of the Software in your possession or under your control. 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This Agreement are governed by and construed under the laws of the State of Israel, excluding its conflicts of law rules. You expressly agree that the exclusive jurisdiction for any claim or action arising out of or relating to this Agreement shall be the courts located in Tel Aviv, Israel, and You further agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action. 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BY INSTALLING, ACCESSING AND/OR USING THE SOFTWARE (AS DEFINED BELOW), YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOU, OR THE COMPANY YOU REPRESENT, (“YOU” OR “LICENSEE”) ARE ENTERING INTO A LEGAL AGREEMENT WITH APPLITOOLS LTD. AND ITS AFFILIATES (“APPLITOOLS”), AND HAVE UNDERSTOOD AND AGREE TO COMPLY WITH, AND BE LEGALLY BOUND BY, THE TERMS AND CONDITIONS OF THIS AGREEMENT. YOU HEREBY WAIVE ANY RIGHTS OR REQUIREMENTS UNDER ANY LAWS OR REGULATIONS IN ANY JURISDICTION WHICH REQUIRE AN ORIGINAL (NON-ELECTRONIC) SIGNATURE OR DELIVERY OR RETENTION OF NON-ELECTRONIC RECORDS, TO THE EXTENT PERMITTED UNDER APPLICABLE LAW. \nTHE SOFTWARE MAY BE USED SOLELY FOR YOUR PERSONAL, NON-COMMERCIAL PURPOSES. FOR COMMERCIAL PURPOSES PLEASE CONTACT THE REGIONAL APPLITOOLS BUSINESS REPRESENTATIVE. \n1. Definitions. For purposes of this Agreement, the following capitalized terms shall have the following meaning:\n   1. “Documentation” means the user’s guides and technical manuals delivered by Applitools to Licensee.\n   2.  “Feedback” means suggestions, comments or feedback (whether orally or in writing) with respect to the Software.\n   3. “Intellectual Property Rights” means all intangible legal rights, titles and interests evidenced by or embodied in all: (i) inventions (regardless of patentability and whether or not reduced to practice), improvements thereto, patents, patent applications, patent disclosures, together with all reissuances, continuations, continuations in part, revisions, extensions and reexaminations thereof; (ii) trademarks, service marks, trade dress, logos, trade names, corporate names, together with translations, adaptations, derivations and combinations thereof, including goodwill associated therewith, and applications, registrations, and renewals in connection therewith; (iii) any work of authorship, regardless of copyrightable, copyrightable works, copyrights (including moral rights), and applications, registrations and renewals in connection therewith; (iv) mask works and applications, registrations and renewals in connection therewith; (v) trade secrets and Confidential Information; and (vi) other proprietary rights and any other similar rights, in each case on a worldwide basis, and copies and tangible embodiments thereof, in whatever form or medium.\n   4. “License” means the right to use the Software pursuant to Section ‎2.1 to this Agreement.\n   5.  “Software” means Applitools’ software development kit software in object or source code version, Documentation and any updates and upgrade thereto (to the extent delivered).\n1. License\n   1. Grant of License. Subject to the terms and conditions of this Agreement, Applitools grants You, during the Term, a personal, non-exclusive, non-sublicensable, non-transferable, revocable license to: (i) use the Software solely for Your own personal (non-commercial) use and (ii) use and display Applitools’ Marks solely for the purpose of publicizing or advertising that You are using the Software. \n   2. Documentation. Applitools may make available Documentation to Licensee for Licensee to use solely in connection with Licensee’s use of the Software during the term of this Agreement. Licensee may print or copy the Documentation as needed for its own purposes provided that all copyright notices are included therein. The Documentation shall be considered the Confidential Information of Applitools. \n   1. Reservation of Rights; Use Restrictions. Other than the rights explicitly granted in this Agreement, Licensee shall have no other rights, express or implied, in the Software. Without limiting the generality of the foregoing, Licensee agrees and undertakes not to: (i) allow any third party to use the Software in any manner, including but not limited to, sell, lease, sublicense or distribute the Software, or any part thereof; (ii) modify, revise, or alter the Software or reverse engineer, decompile, disassemble or otherwise reduce to human-perceivable form the Software’s source code; (iii) copy or allow copies of the Software to be made; (iv) remove, alter or obscure any proprietary notice or identification, including copyright, trademark, patent or other notices, contained in or displayed on or via the Software; (v) use the Software to violate any applicable laws, rules or regulations, or for any unlawful, harmful, irresponsible, or inappropriate purpose, or in any manner that breaches this Agreement, and/or (vi) represent that it possesses any proprietary interest in the Software.\n   1. Third Party Software. Licensee acknowledges and agrees that any third party software (“Third Party Software”) that provided with the Software is provided under the terms of the license attached/linked thereto or, if no such license is attached, such Third Party Software is provided for free and on “AS IS” basis. Applitools is not liable for any losses or damages which may occur resulting from the use of any Third Party Software. Applitools does not possess any proprietary interest in such Third Party Software. \n   1. Open Source Licenses. The Software includes certain open source code software and materials (as shall be listed in the documentation of the Software) (“Open Source Software”) that are subject to their respective open source licenses (“Open Source Licenses”). Such Open Source Licenses contain a list of conditions with respect to warranty, copyright policy and other provisions. By executing this Agreement, Licensee undertakes to strictly comply with the terms and condition of the Open Source Licenses, as may be amended from time to time. In order to comply with the Open Source Licenses, Licensee shall read the respective licenses or notices, such list of Open Source Licenses may be amended from time to time by Applitools, at its sole discretion. In the event of any inconsistencies or conflicting provisions between the provisions of the Open Source Licenses and the provisions of this Agreement, the provisions of the Open Source Licenses shall prevail. Without derogating from the generality of the foregoing, it is clarified that any Open Source Software is provided on an “AS IS” basis, without indemnity or warranty of any kind, whether express or implied. For clarity, the representations and warranties set forth in Section ‎4 hereunder shall not apply to any Open Source Software.\n1. Title & Ownership. APPLITOOLS DOES NOT SELL OR TRANSFER TITLE IN THE SOFTWARE, OR ANY PART THEREOF, TO LICENSEE. The Documentation, Software (excluding any Open Source Software and Third Party Software therein which are owned by their respective licensors) and/or any copies thereof, including without limitation any derivative works made (regardless of whether such derivative works were made and/or developed pursuant to the request and/or specifications of Licensee, and irrespective of any support and/or assistance Applitools may, will or had received from Licensee, or any third party on its behalf, with respect thereto), as well as any updates or upgrades thereto, if provided to Applitools pursuant to this Agreement, shall remain Applitools’ sole and exclusive property. All Intellectual Property Rights evidenced by or embodied in and/or attached/connected/related to the Software, or part thereof, are and shall be owned solely and exclusively by Applitools. Nothing in this Agreement shall constitute a waiver of Applitools’ Intellectual Property Rights under any law, or be in any way construed or interpreted as such. It is further agreed that to the extent Licensee provides Applitools with Feedback, Licensee acknowledges that any and all rights, including Intellectual Property Rights in such Feedback shall belong exclusively to Applitools and Licensee hereby irrevocably and unconditionally transfers and assigns to Applitools all intellectual property rights in such Feedback and waives any and all moral rights that Licensee may have in respect thereto. It is further understood that use of Feedback, if any, may be made by Applitools at its sole discretion, and that Applitools in no way shall be obliged to make use of any kind of the Feedback or part thereof. \n1. Warranty. Applitools warrants that to its knowledge it has the right to grant the license under this Agreement. Applitools’ sole liability for any breach of this warranty or any other warranty under this Agreement shall be, at Applitools’ sole discretion: (i) to replace or repair the Software or the applicable portion thereof; or (ii) to terminate this Agreement.\n2. Warranty Exclusions. The warranties set forth in Section ‎4 are contingent upon Licensee’s proper use of the Software, and shall not apply to damage caused by abuse, misuse, alteration, neglect or unauthorized repair or installation, or by the use or attempted use of Software other than that supplied and supported by Applitools. Applitools will use reasonable commercial efforts to repair or replace the Software or the applicable portion thereof, pursuant to the foregoing warranty within thirty (30) days of being so notified.\n1. Warranty Disclaimers. AS BETWEEN LICENSEE AND APPLITOOLS, EXCEPT AS SET IN SECTION ‎4, THE SOFTWARE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND INCLUDING, WITHOUT LIMITATION, REPRESENTATIONS, WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR INTENDED OR PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, THAT THE SOFTWARE WILL MEET LICENSEE’S REQUIREMENTS OR EXPECTATIONS OR WILL ACHIEVE ANY SPECIFIC RESULTS AND THOSE ARISING BY STATUTE OR FROM A COURSE OF DEALING OR USAGE OF TRADE. Applicable law may not allow the exclusion of certain warranties, so to that extent such exclusions may not apply.\n1. High Risk Activities. You acknowledge that the Software is not fault tolerant and is not designed, manufactured, or intended for use or resale as on-line control equipment in hazardous or high risk environments and activities requiring fail-safe performance (such as in the operation of nuclear facilities, aircraft navigation or communication systems, air traffic control, direct life support machines and/or devices, or weapons systems) in which the failure of the Software could lead directly to death, personal injury, or severe physical or environmental damage, and You agree not to use or allow the use of the Software or any portion thereof for, or in connection with, any such environment or activity.\n1. Indemnify. You agree that Applitools shall have no liability whatsoever for any use made of the Software by You or any third party. You hereby agree to defend, indemnify and hold harmless Applitools and its affiliates and their respective officers, directors, agents and employees from any and all claims, damages, liabilities, costs, and expenses (including attorney’s fees) arising from claims related to Your use of the Software as well as from Your failure to comply with this Agreement.\n1. Limitation of Liability. UNDER NO CIRCUMSTANCES SHALL APPLITOOLS AND/OR ITS AFFILIATES BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, OR FOR ANY LOSS OF DATA, REVENUE, BUSINESS OR REPUTATION, THAT ARISES UNDER OR IN CONNECTION WITH THIS AGREEMENT, OR THAT RESULTS FROM THE USE OF, OR THE INABILITY TO USE, THE SOFTWARE. APPLITOOLS’S TOTAL AGGREGATE LIABILITY FOR ANY AND ALL DIRECT DAMAGES AND LOSSES THAT ARISE UNDER OR IN CONNECTION WITH THIS AGREEMENT SHALL NOT IN ANY CIRCUMSTANCE EXCEED THE AMOUNT OF 100.00 (ONE HUNDRED) UNITED STATES DOLLARS. THE FOREGOING LIMITATIONS AND EXCLUSIONS IN THIS SECTION ‎7 SHALL APPLY: (I) EVEN IF APPLITOOLS HAS BEEN ADVISED OF THE POSSIBILITY OF ANY DAMAGES OR LOSSES; (II) EVEN IF ANY REMEDY SET FORTH HEREIN FAILS OF ITS ESSENTIAL PURPOSE; AND (III) REGARDLESS OF THE BASIS OR THEORY OF LIABILITY.\n1. Export Laws. Licensee agrees to comply fully with all U.S., EU, Israeli, and all applicable export laws and regulations to ensure that neither the Software nor any technical data related thereto are exported or re-exported directly or indirectly in violation of, or used for any purposes prohibited by, such laws and regulations. For clarity, and without derogating from Section ‎11 below, in case of any change of any applicable law, policy or regulation, which might affect Applitools’ business, Applitools will have the right to terminate this Agreement and the license granted hereunder and the Licensee shall have no claims regarding such termination. \n1. Term and Termination. This Agreement shall continue until terminated as set forth in this section (the “Term”). You may terminate this Agreement at any time by removing the Software from Your system and destroying all copies of the Software and Documentation relating to the Software. Unauthorized copying of the Software or otherwise failing to comply with this Agreement will result in automatic immediate termination of this Agreement and will make available to Applitools legal remedies. Applitools reserves the right to terminate this Agreement and the License at any time and without notice. Upon termination of this Agreement, the License will terminate and You: (i) will cease any and all rights to use the Software, and (ii) will remove the Software from all hard drives, networks and other storage media and destroy all copies of the Software in your possession or under your control. 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This Agreement are governed by and construed under the laws of the State of Israel, excluding its conflicts of law rules. You expressly agree that the exclusive jurisdiction for any claim or action arising out of or relating to this Agreement shall be the courts located in Tel Aviv, Israel, and You further agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action. 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BY INSTALLING, ACCESSING AND/OR USING THE SOFTWARE (AS DEFINED BELOW), YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOU, OR THE COMPANY YOU REPRESENT, (“YOU” OR “LICENSEE”) ARE ENTERING INTO A LEGAL AGREEMENT WITH APPLITOOLS LTD. AND ITS AFFILIATES (“APPLITOOLS”), AND HAVE UNDERSTOOD AND AGREE TO COMPLY WITH, AND BE LEGALLY BOUND BY, THE TERMS AND CONDITIONS OF THIS AGREEMENT. YOU HEREBY WAIVE ANY RIGHTS OR REQUIREMENTS UNDER ANY LAWS OR REGULATIONS IN ANY JURISDICTION WHICH REQUIRE AN ORIGINAL (NON-ELECTRONIC) SIGNATURE OR DELIVERY OR RETENTION OF NON-ELECTRONIC RECORDS, TO THE EXTENT PERMITTED UNDER APPLICABLE LAW. \nTHE SOFTWARE MAY BE USED SOLELY FOR YOUR PERSONAL, NON-COMMERCIAL PURPOSES. FOR COMMERCIAL PURPOSES PLEASE CONTACT THE REGIONAL APPLITOOLS BUSINESS REPRESENTATIVE. \n1. Definitions. For purposes of this Agreement, the following capitalized terms shall have the following meaning:\n   1. “Documentation” means the user’s guides and technical manuals delivered by Applitools to Licensee.\n   2.  “Feedback” means suggestions, comments or feedback (whether orally or in writing) with respect to the Software.\n   3. “Intellectual Property Rights” means all intangible legal rights, titles and interests evidenced by or embodied in all: (i) inventions (regardless of patentability and whether or not reduced to practice), improvements thereto, patents, patent applications, patent disclosures, together with all reissuances, continuations, continuations in part, revisions, extensions and reexaminations thereof; (ii) trademarks, service marks, trade dress, logos, trade names, corporate names, together with translations, adaptations, derivations and combinations thereof, including goodwill associated therewith, and applications, registrations, and renewals in connection therewith; (iii) any work of authorship, regardless of copyrightable, copyrightable works, copyrights (including moral rights), and applications, registrations and renewals in connection therewith; (iv) mask works and applications, registrations and renewals in connection therewith; (v) trade secrets and Confidential Information; and (vi) other proprietary rights and any other similar rights, in each case on a worldwide basis, and copies and tangible embodiments thereof, in whatever form or medium.\n   4. “License” means the right to use the Software pursuant to Section ‎2.1 to this Agreement.\n   5.  “Software” means Applitools’ software development kit software in object or source code version, Documentation and any updates and upgrade thereto (to the extent delivered).\n1. License\n   1. Grant of License. Subject to the terms and conditions of this Agreement, Applitools grants You, during the Term, a personal, non-exclusive, non-sublicensable, non-transferable, revocable license to: (i) use the Software solely for Your own personal (non-commercial) use and (ii) use and display Applitools’ Marks solely for the purpose of publicizing or advertising that You are using the Software. \n   2. Documentation. Applitools may make available Documentation to Licensee for Licensee to use solely in connection with Licensee’s use of the Software during the term of this Agreement. Licensee may print or copy the Documentation as needed for its own purposes provided that all copyright notices are included therein. The Documentation shall be considered the Confidential Information of Applitools. \n   1. Reservation of Rights; Use Restrictions. Other than the rights explicitly granted in this Agreement, Licensee shall have no other rights, express or implied, in the Software. Without limiting the generality of the foregoing, Licensee agrees and undertakes not to: (i) allow any third party to use the Software in any manner, including but not limited to, sell, lease, sublicense or distribute the Software, or any part thereof; (ii) modify, revise, or alter the Software or reverse engineer, decompile, disassemble or otherwise reduce to human-perceivable form the Software’s source code; (iii) copy or allow copies of the Software to be made; (iv) remove, alter or obscure any proprietary notice or identification, including copyright, trademark, patent or other notices, contained in or displayed on or via the Software; (v) use the Software to violate any applicable laws, rules or regulations, or for any unlawful, harmful, irresponsible, or inappropriate purpose, or in any manner that breaches this Agreement, and/or (vi) represent that it possesses any proprietary interest in the Software.\n   1. Third Party Software. Licensee acknowledges and agrees that any third party software (“Third Party Software”) that provided with the Software is provided under the terms of the license attached/linked thereto or, if no such license is attached, such Third Party Software is provided for free and on “AS IS” basis. Applitools is not liable for any losses or damages which may occur resulting from the use of any Third Party Software. Applitools does not possess any proprietary interest in such Third Party Software. \n   1. Open Source Licenses. The Software includes certain open source code software and materials (as shall be listed in the documentation of the Software) (“Open Source Software”) that are subject to their respective open source licenses (“Open Source Licenses”). Such Open Source Licenses contain a list of conditions with respect to warranty, copyright policy and other provisions. By executing this Agreement, Licensee undertakes to strictly comply with the terms and condition of the Open Source Licenses, as may be amended from time to time. In order to comply with the Open Source Licenses, Licensee shall read the respective licenses or notices, such list of Open Source Licenses may be amended from time to time by Applitools, at its sole discretion. In the event of any inconsistencies or conflicting provisions between the provisions of the Open Source Licenses and the provisions of this Agreement, the provisions of the Open Source Licenses shall prevail. Without derogating from the generality of the foregoing, it is clarified that any Open Source Software is provided on an “AS IS” basis, without indemnity or warranty of any kind, whether express or implied. For clarity, the representations and warranties set forth in Section ‎4 hereunder shall not apply to any Open Source Software.\n1. Title & Ownership. APPLITOOLS DOES NOT SELL OR TRANSFER TITLE IN THE SOFTWARE, OR ANY PART THEREOF, TO LICENSEE. The Documentation, Software (excluding any Open Source Software and Third Party Software therein which are owned by their respective licensors) and/or any copies thereof, including without limitation any derivative works made (regardless of whether such derivative works were made and/or developed pursuant to the request and/or specifications of Licensee, and irrespective of any support and/or assistance Applitools may, will or had received from Licensee, or any third party on its behalf, with respect thereto), as well as any updates or upgrades thereto, if provided to Applitools pursuant to this Agreement, shall remain Applitools’ sole and exclusive property. All Intellectual Property Rights evidenced by or embodied in and/or attached/connected/related to the Software, or part thereof, are and shall be owned solely and exclusively by Applitools. Nothing in this Agreement shall constitute a waiver of Applitools’ Intellectual Property Rights under any law, or be in any way construed or interpreted as such. It is further agreed that to the extent Licensee provides Applitools with Feedback, Licensee acknowledges that any and all rights, including Intellectual Property Rights in such Feedback shall belong exclusively to Applitools and Licensee hereby irrevocably and unconditionally transfers and assigns to Applitools all intellectual property rights in such Feedback and waives any and all moral rights that Licensee may have in respect thereto. It is further understood that use of Feedback, if any, may be made by Applitools at its sole discretion, and that Applitools in no way shall be obliged to make use of any kind of the Feedback or part thereof. \n1. Warranty. Applitools warrants that to its knowledge it has the right to grant the license under this Agreement. Applitools’ sole liability for any breach of this warranty or any other warranty under this Agreement shall be, at Applitools’ sole discretion: (i) to replace or repair the Software or the applicable portion thereof; or (ii) to terminate this Agreement.\n2. Warranty Exclusions. The warranties set forth in Section ‎4 are contingent upon Licensee’s proper use of the Software, and shall not apply to damage caused by abuse, misuse, alteration, neglect or unauthorized repair or installation, or by the use or attempted use of Software other than that supplied and supported by Applitools. Applitools will use reasonable commercial efforts to repair or replace the Software or the applicable portion thereof, pursuant to the foregoing warranty within thirty (30) days of being so notified.\n1. Warranty Disclaimers. AS BETWEEN LICENSEE AND APPLITOOLS, EXCEPT AS SET IN SECTION ‎4, THE SOFTWARE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND INCLUDING, WITHOUT LIMITATION, REPRESENTATIONS, WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR INTENDED OR PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, THAT THE SOFTWARE WILL MEET LICENSEE’S REQUIREMENTS OR EXPECTATIONS OR WILL ACHIEVE ANY SPECIFIC RESULTS AND THOSE ARISING BY STATUTE OR FROM A COURSE OF DEALING OR USAGE OF TRADE. Applicable law may not allow the exclusion of certain warranties, so to that extent such exclusions may not apply.\n1. High Risk Activities. You acknowledge that the Software is not fault tolerant and is not designed, manufactured, or intended for use or resale as on-line control equipment in hazardous or high risk environments and activities requiring fail-safe performance (such as in the operation of nuclear facilities, aircraft navigation or communication systems, air traffic control, direct life support machines and/or devices, or weapons systems) in which the failure of the Software could lead directly to death, personal injury, or severe physical or environmental damage, and You agree not to use or allow the use of the Software or any portion thereof for, or in connection with, any such environment or activity.\n1. Indemnify. You agree that Applitools shall have no liability whatsoever for any use made of the Software by You or any third party. You hereby agree to defend, indemnify and hold harmless Applitools and its affiliates and their respective officers, directors, agents and employees from any and all claims, damages, liabilities, costs, and expenses (including attorney’s fees) arising from claims related to Your use of the Software as well as from Your failure to comply with this Agreement.\n1. Limitation of Liability. UNDER NO CIRCUMSTANCES SHALL APPLITOOLS AND/OR ITS AFFILIATES BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, OR FOR ANY LOSS OF DATA, REVENUE, BUSINESS OR REPUTATION, THAT ARISES UNDER OR IN CONNECTION WITH THIS AGREEMENT, OR THAT RESULTS FROM THE USE OF, OR THE INABILITY TO USE, THE SOFTWARE. APPLITOOLS’S TOTAL AGGREGATE LIABILITY FOR ANY AND ALL DIRECT DAMAGES AND LOSSES THAT ARISE UNDER OR IN CONNECTION WITH THIS AGREEMENT SHALL NOT IN ANY CIRCUMSTANCE EXCEED THE AMOUNT OF 100.00 (ONE HUNDRED) UNITED STATES DOLLARS. THE FOREGOING LIMITATIONS AND EXCLUSIONS IN THIS SECTION ‎7 SHALL APPLY: (I) EVEN IF APPLITOOLS HAS BEEN ADVISED OF THE POSSIBILITY OF ANY DAMAGES OR LOSSES; (II) EVEN IF ANY REMEDY SET FORTH HEREIN FAILS OF ITS ESSENTIAL PURPOSE; AND (III) REGARDLESS OF THE BASIS OR THEORY OF LIABILITY.\n1. Export Laws. Licensee agrees to comply fully with all U.S., EU, Israeli, and all applicable export laws and regulations to ensure that neither the Software nor any technical data related thereto are exported or re-exported directly or indirectly in violation of, or used for any purposes prohibited by, such laws and regulations. For clarity, and without derogating from Section ‎11 below, in case of any change of any applicable law, policy or regulation, which might affect Applitools’ business, Applitools will have the right to terminate this Agreement and the license granted hereunder and the Licensee shall have no claims regarding such termination. \n1. Term and Termination. This Agreement shall continue until terminated as set forth in this section (the “Term”). You may terminate this Agreement at any time by removing the Software from Your system and destroying all copies of the Software and Documentation relating to the Software. Unauthorized copying of the Software or otherwise failing to comply with this Agreement will result in automatic immediate termination of this Agreement and will make available to Applitools legal remedies. Applitools reserves the right to terminate this Agreement and the License at any time and without notice. Upon termination of this Agreement, the License will terminate and You: (i) will cease any and all rights to use the Software, and (ii) will remove the Software from all hard drives, networks and other storage media and destroy all copies of the Software in your possession or under your control. 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This Agreement are governed by and construed under the laws of the State of Israel, excluding its conflicts of law rules. You expressly agree that the exclusive jurisdiction for any claim or action arising out of or relating to this Agreement shall be the courts located in Tel Aviv, Israel, and You further agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action. 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BY INSTALLING, ACCESSING AND/OR USING THE SOFTWARE (AS DEFINED BELOW), YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOU, OR THE COMPANY YOU REPRESENT, (“YOU” OR “LICENSEE”) ARE ENTERING INTO A LEGAL AGREEMENT WITH APPLITOOLS LTD. AND ITS AFFILIATES (“APPLITOOLS”), AND HAVE UNDERSTOOD AND AGREE TO COMPLY WITH, AND BE LEGALLY BOUND BY, THE TERMS AND CONDITIONS OF THIS AGREEMENT. YOU HEREBY WAIVE ANY RIGHTS OR REQUIREMENTS UNDER ANY LAWS OR REGULATIONS IN ANY JURISDICTION WHICH REQUIRE AN ORIGINAL (NON-ELECTRONIC) SIGNATURE OR DELIVERY OR RETENTION OF NON-ELECTRONIC RECORDS, TO THE EXTENT PERMITTED UNDER APPLICABLE LAW. \nTHE SOFTWARE MAY BE USED SOLELY FOR YOUR PERSONAL, NON-COMMERCIAL PURPOSES. FOR COMMERCIAL PURPOSES PLEASE CONTACT THE REGIONAL APPLITOOLS BUSINESS REPRESENTATIVE. \n1. Definitions. For purposes of this Agreement, the following capitalized terms shall have the following meaning:\n   1. “Documentation” means the user’s guides and technical manuals delivered by Applitools to Licensee.\n   2.  “Feedback” means suggestions, comments or feedback (whether orally or in writing) with respect to the Software.\n   3. “Intellectual Property Rights” means all intangible legal rights, titles and interests evidenced by or embodied in all: (i) inventions (regardless of patentability and whether or not reduced to practice), improvements thereto, patents, patent applications, patent disclosures, together with all reissuances, continuations, continuations in part, revisions, extensions and reexaminations thereof; (ii) trademarks, service marks, trade dress, logos, trade names, corporate names, together with translations, adaptations, derivations and combinations thereof, including goodwill associated therewith, and applications, registrations, and renewals in connection therewith; (iii) any work of authorship, regardless of copyrightable, copyrightable works, copyrights (including moral rights), and applications, registrations and renewals in connection therewith; (iv) mask works and applications, registrations and renewals in connection therewith; (v) trade secrets and Confidential Information; and (vi) other proprietary rights and any other similar rights, in each case on a worldwide basis, and copies and tangible embodiments thereof, in whatever form or medium.\n   4. “License” means the right to use the Software pursuant to Section ‎2.1 to this Agreement.\n   5.  “Software” means Applitools’ software development kit software in object or source code version, Documentation and any updates and upgrade thereto (to the extent delivered).\n1. License\n   1. Grant of License. Subject to the terms and conditions of this Agreement, Applitools grants You, during the Term, a personal, non-exclusive, non-sublicensable, non-transferable, revocable license to: (i) use the Software solely for Your own personal (non-commercial) use and (ii) use and display Applitools’ Marks solely for the purpose of publicizing or advertising that You are using the Software. \n   2. Documentation. Applitools may make available Documentation to Licensee for Licensee to use solely in connection with Licensee’s use of the Software during the term of this Agreement. Licensee may print or copy the Documentation as needed for its own purposes provided that all copyright notices are included therein. The Documentation shall be considered the Confidential Information of Applitools. \n   1. Reservation of Rights; Use Restrictions. Other than the rights explicitly granted in this Agreement, Licensee shall have no other rights, express or implied, in the Software. Without limiting the generality of the foregoing, Licensee agrees and undertakes not to: (i) allow any third party to use the Software in any manner, including but not limited to, sell, lease, sublicense or distribute the Software, or any part thereof; (ii) modify, revise, or alter the Software or reverse engineer, decompile, disassemble or otherwise reduce to human-perceivable form the Software’s source code; (iii) copy or allow copies of the Software to be made; (iv) remove, alter or obscure any proprietary notice or identification, including copyright, trademark, patent or other notices, contained in or displayed on or via the Software; (v) use the Software to violate any applicable laws, rules or regulations, or for any unlawful, harmful, irresponsible, or inappropriate purpose, or in any manner that breaches this Agreement, and/or (vi) represent that it possesses any proprietary interest in the Software.\n   1. Third Party Software. Licensee acknowledges and agrees that any third party software (“Third Party Software”) that provided with the Software is provided under the terms of the license attached/linked thereto or, if no such license is attached, such Third Party Software is provided for free and on “AS IS” basis. Applitools is not liable for any losses or damages which may occur resulting from the use of any Third Party Software. Applitools does not possess any proprietary interest in such Third Party Software. \n   1. Open Source Licenses. The Software includes certain open source code software and materials (as shall be listed in the documentation of the Software) (“Open Source Software”) that are subject to their respective open source licenses (“Open Source Licenses”). Such Open Source Licenses contain a list of conditions with respect to warranty, copyright policy and other provisions. By executing this Agreement, Licensee undertakes to strictly comply with the terms and condition of the Open Source Licenses, as may be amended from time to time. In order to comply with the Open Source Licenses, Licensee shall read the respective licenses or notices, such list of Open Source Licenses may be amended from time to time by Applitools, at its sole discretion. In the event of any inconsistencies or conflicting provisions between the provisions of the Open Source Licenses and the provisions of this Agreement, the provisions of the Open Source Licenses shall prevail. Without derogating from the generality of the foregoing, it is clarified that any Open Source Software is provided on an “AS IS” basis, without indemnity or warranty of any kind, whether express or implied. For clarity, the representations and warranties set forth in Section ‎4 hereunder shall not apply to any Open Source Software.\n1. Title & Ownership. APPLITOOLS DOES NOT SELL OR TRANSFER TITLE IN THE SOFTWARE, OR ANY PART THEREOF, TO LICENSEE. The Documentation, Software (excluding any Open Source Software and Third Party Software therein which are owned by their respective licensors) and/or any copies thereof, including without limitation any derivative works made (regardless of whether such derivative works were made and/or developed pursuant to the request and/or specifications of Licensee, and irrespective of any support and/or assistance Applitools may, will or had received from Licensee, or any third party on its behalf, with respect thereto), as well as any updates or upgrades thereto, if provided to Applitools pursuant to this Agreement, shall remain Applitools’ sole and exclusive property. All Intellectual Property Rights evidenced by or embodied in and/or attached/connected/related to the Software, or part thereof, are and shall be owned solely and exclusively by Applitools. Nothing in this Agreement shall constitute a waiver of Applitools’ Intellectual Property Rights under any law, or be in any way construed or interpreted as such. It is further agreed that to the extent Licensee provides Applitools with Feedback, Licensee acknowledges that any and all rights, including Intellectual Property Rights in such Feedback shall belong exclusively to Applitools and Licensee hereby irrevocably and unconditionally transfers and assigns to Applitools all intellectual property rights in such Feedback and waives any and all moral rights that Licensee may have in respect thereto. It is further understood that use of Feedback, if any, may be made by Applitools at its sole discretion, and that Applitools in no way shall be obliged to make use of any kind of the Feedback or part thereof. \n1. Warranty. Applitools warrants that to its knowledge it has the right to grant the license under this Agreement. Applitools’ sole liability for any breach of this warranty or any other warranty under this Agreement shall be, at Applitools’ sole discretion: (i) to replace or repair the Software or the applicable portion thereof; or (ii) to terminate this Agreement.\n2. Warranty Exclusions. The warranties set forth in Section ‎4 are contingent upon Licensee’s proper use of the Software, and shall not apply to damage caused by abuse, misuse, alteration, neglect or unauthorized repair or installation, or by the use or attempted use of Software other than that supplied and supported by Applitools. Applitools will use reasonable commercial efforts to repair or replace the Software or the applicable portion thereof, pursuant to the foregoing warranty within thirty (30) days of being so notified.\n1. Warranty Disclaimers. AS BETWEEN LICENSEE AND APPLITOOLS, EXCEPT AS SET IN SECTION ‎4, THE SOFTWARE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND INCLUDING, WITHOUT LIMITATION, REPRESENTATIONS, WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR INTENDED OR PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, THAT THE SOFTWARE WILL MEET LICENSEE’S REQUIREMENTS OR EXPECTATIONS OR WILL ACHIEVE ANY SPECIFIC RESULTS AND THOSE ARISING BY STATUTE OR FROM A COURSE OF DEALING OR USAGE OF TRADE. Applicable law may not allow the exclusion of certain warranties, so to that extent such exclusions may not apply.\n1. High Risk Activities. You acknowledge that the Software is not fault tolerant and is not designed, manufactured, or intended for use or resale as on-line control equipment in hazardous or high risk environments and activities requiring fail-safe performance (such as in the operation of nuclear facilities, aircraft navigation or communication systems, air traffic control, direct life support machines and/or devices, or weapons systems) in which the failure of the Software could lead directly to death, personal injury, or severe physical or environmental damage, and You agree not to use or allow the use of the Software or any portion thereof for, or in connection with, any such environment or activity.\n1. Indemnify. You agree that Applitools shall have no liability whatsoever for any use made of the Software by You or any third party. You hereby agree to defend, indemnify and hold harmless Applitools and its affiliates and their respective officers, directors, agents and employees from any and all claims, damages, liabilities, costs, and expenses (including attorney’s fees) arising from claims related to Your use of the Software as well as from Your failure to comply with this Agreement.\n1. Limitation of Liability. UNDER NO CIRCUMSTANCES SHALL APPLITOOLS AND/OR ITS AFFILIATES BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, OR FOR ANY LOSS OF DATA, REVENUE, BUSINESS OR REPUTATION, THAT ARISES UNDER OR IN CONNECTION WITH THIS AGREEMENT, OR THAT RESULTS FROM THE USE OF, OR THE INABILITY TO USE, THE SOFTWARE. APPLITOOLS’S TOTAL AGGREGATE LIABILITY FOR ANY AND ALL DIRECT DAMAGES AND LOSSES THAT ARISE UNDER OR IN CONNECTION WITH THIS AGREEMENT SHALL NOT IN ANY CIRCUMSTANCE EXCEED THE AMOUNT OF 100.00 (ONE HUNDRED) UNITED STATES DOLLARS. THE FOREGOING LIMITATIONS AND EXCLUSIONS IN THIS SECTION ‎7 SHALL APPLY: (I) EVEN IF APPLITOOLS HAS BEEN ADVISED OF THE POSSIBILITY OF ANY DAMAGES OR LOSSES; (II) EVEN IF ANY REMEDY SET FORTH HEREIN FAILS OF ITS ESSENTIAL PURPOSE; AND (III) REGARDLESS OF THE BASIS OR THEORY OF LIABILITY.\n1. Export Laws. Licensee agrees to comply fully with all U.S., EU, Israeli, and all applicable export laws and regulations to ensure that neither the Software nor any technical data related thereto are exported or re-exported directly or indirectly in violation of, or used for any purposes prohibited by, such laws and regulations. For clarity, and without derogating from Section ‎11 below, in case of any change of any applicable law, policy or regulation, which might affect Applitools’ business, Applitools will have the right to terminate this Agreement and the license granted hereunder and the Licensee shall have no claims regarding such termination. \n1. Term and Termination. This Agreement shall continue until terminated as set forth in this section (the “Term”). You may terminate this Agreement at any time by removing the Software from Your system and destroying all copies of the Software and Documentation relating to the Software. Unauthorized copying of the Software or otherwise failing to comply with this Agreement will result in automatic immediate termination of this Agreement and will make available to Applitools legal remedies. Applitools reserves the right to terminate this Agreement and the License at any time and without notice. Upon termination of this Agreement, the License will terminate and You: (i) will cease any and all rights to use the Software, and (ii) will remove the Software from all hard drives, networks and other storage media and destroy all copies of the Software in your possession or under your control. 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This Agreement are governed by and construed under the laws of the State of Israel, excluding its conflicts of law rules. You expressly agree that the exclusive jurisdiction for any claim or action arising out of or relating to this Agreement shall be the courts located in Tel Aviv, Israel, and You further agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action. 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BY INSTALLING, ACCESSING AND/OR USING THE SOFTWARE (AS DEFINED BELOW), YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOU, OR THE COMPANY YOU REPRESENT, (“YOU” OR “LICENSEE”) ARE ENTERING INTO A LEGAL AGREEMENT WITH APPLITOOLS LTD. AND ITS AFFILIATES (“APPLITOOLS”), AND HAVE UNDERSTOOD AND AGREE TO COMPLY WITH, AND BE LEGALLY BOUND BY, THE TERMS AND CONDITIONS OF THIS AGREEMENT. YOU HEREBY WAIVE ANY RIGHTS OR REQUIREMENTS UNDER ANY LAWS OR REGULATIONS IN ANY JURISDICTION WHICH REQUIRE AN ORIGINAL (NON-ELECTRONIC) SIGNATURE OR DELIVERY OR RETENTION OF NON-ELECTRONIC RECORDS, TO THE EXTENT PERMITTED UNDER APPLICABLE LAW. \nTHE SOFTWARE MAY BE USED SOLELY FOR YOUR PERSONAL, NON-COMMERCIAL PURPOSES. FOR COMMERCIAL PURPOSES PLEASE CONTACT THE REGIONAL APPLITOOLS BUSINESS REPRESENTATIVE. \n1. Definitions. For purposes of this Agreement, the following capitalized terms shall have the following meaning:\n   1. “Documentation” means the user’s guides and technical manuals delivered by Applitools to Licensee.\n   2.  “Feedback” means suggestions, comments or feedback (whether orally or in writing) with respect to the Software.\n   3. “Intellectual Property Rights” means all intangible legal rights, titles and interests evidenced by or embodied in all: (i) inventions (regardless of patentability and whether or not reduced to practice), improvements thereto, patents, patent applications, patent disclosures, together with all reissuances, continuations, continuations in part, revisions, extensions and reexaminations thereof; (ii) trademarks, service marks, trade dress, logos, trade names, corporate names, together with translations, adaptations, derivations and combinations thereof, including goodwill associated therewith, and applications, registrations, and renewals in connection therewith; (iii) any work of authorship, regardless of copyrightable, copyrightable works, copyrights (including moral rights), and applications, registrations and renewals in connection therewith; (iv) mask works and applications, registrations and renewals in connection therewith; (v) trade secrets and Confidential Information; and (vi) other proprietary rights and any other similar rights, in each case on a worldwide basis, and copies and tangible embodiments thereof, in whatever form or medium.\n   4. “License” means the right to use the Software pursuant to Section ‎2.1 to this Agreement.\n   5.  “Software” means Applitools’ software development kit software in object or source code version, Documentation and any updates and upgrade thereto (to the extent delivered).\n1. License\n   1. Grant of License. Subject to the terms and conditions of this Agreement, Applitools grants You, during the Term, a personal, non-exclusive, non-sublicensable, non-transferable, revocable license to: (i) use the Software solely for Your own personal (non-commercial) use and (ii) use and display Applitools’ Marks solely for the purpose of publicizing or advertising that You are using the Software. \n   2. Documentation. Applitools may make available Documentation to Licensee for Licensee to use solely in connection with Licensee’s use of the Software during the term of this Agreement. Licensee may print or copy the Documentation as needed for its own purposes provided that all copyright notices are included therein. The Documentation shall be considered the Confidential Information of Applitools. \n   1. Reservation of Rights; Use Restrictions. Other than the rights explicitly granted in this Agreement, Licensee shall have no other rights, express or implied, in the Software. Without limiting the generality of the foregoing, Licensee agrees and undertakes not to: (i) allow any third party to use the Software in any manner, including but not limited to, sell, lease, sublicense or distribute the Software, or any part thereof; (ii) modify, revise, or alter the Software or reverse engineer, decompile, disassemble or otherwise reduce to human-perceivable form the Software’s source code; (iii) copy or allow copies of the Software to be made; (iv) remove, alter or obscure any proprietary notice or identification, including copyright, trademark, patent or other notices, contained in or displayed on or via the Software; (v) use the Software to violate any applicable laws, rules or regulations, or for any unlawful, harmful, irresponsible, or inappropriate purpose, or in any manner that breaches this Agreement, and/or (vi) represent that it possesses any proprietary interest in the Software.\n   1. Third Party Software. Licensee acknowledges and agrees that any third party software (“Third Party Software”) that provided with the Software is provided under the terms of the license attached/linked thereto or, if no such license is attached, such Third Party Software is provided for free and on “AS IS” basis. Applitools is not liable for any losses or damages which may occur resulting from the use of any Third Party Software. Applitools does not possess any proprietary interest in such Third Party Software. \n   1. Open Source Licenses. The Software includes certain open source code software and materials (as shall be listed in the documentation of the Software) (“Open Source Software”) that are subject to their respective open source licenses (“Open Source Licenses”). Such Open Source Licenses contain a list of conditions with respect to warranty, copyright policy and other provisions. By executing this Agreement, Licensee undertakes to strictly comply with the terms and condition of the Open Source Licenses, as may be amended from time to time. In order to comply with the Open Source Licenses, Licensee shall read the respective licenses or notices, such list of Open Source Licenses may be amended from time to time by Applitools, at its sole discretion. In the event of any inconsistencies or conflicting provisions between the provisions of the Open Source Licenses and the provisions of this Agreement, the provisions of the Open Source Licenses shall prevail. Without derogating from the generality of the foregoing, it is clarified that any Open Source Software is provided on an “AS IS” basis, without indemnity or warranty of any kind, whether express or implied. For clarity, the representations and warranties set forth in Section ‎4 hereunder shall not apply to any Open Source Software.\n1. Title & Ownership. APPLITOOLS DOES NOT SELL OR TRANSFER TITLE IN THE SOFTWARE, OR ANY PART THEREOF, TO LICENSEE. The Documentation, Software (excluding any Open Source Software and Third Party Software therein which are owned by their respective licensors) and/or any copies thereof, including without limitation any derivative works made (regardless of whether such derivative works were made and/or developed pursuant to the request and/or specifications of Licensee, and irrespective of any support and/or assistance Applitools may, will or had received from Licensee, or any third party on its behalf, with respect thereto), as well as any updates or upgrades thereto, if provided to Applitools pursuant to this Agreement, shall remain Applitools’ sole and exclusive property. All Intellectual Property Rights evidenced by or embodied in and/or attached/connected/related to the Software, or part thereof, are and shall be owned solely and exclusively by Applitools. Nothing in this Agreement shall constitute a waiver of Applitools’ Intellectual Property Rights under any law, or be in any way construed or interpreted as such. It is further agreed that to the extent Licensee provides Applitools with Feedback, Licensee acknowledges that any and all rights, including Intellectual Property Rights in such Feedback shall belong exclusively to Applitools and Licensee hereby irrevocably and unconditionally transfers and assigns to Applitools all intellectual property rights in such Feedback and waives any and all moral rights that Licensee may have in respect thereto. It is further understood that use of Feedback, if any, may be made by Applitools at its sole discretion, and that Applitools in no way shall be obliged to make use of any kind of the Feedback or part thereof. \n1. Warranty. Applitools warrants that to its knowledge it has the right to grant the license under this Agreement. Applitools’ sole liability for any breach of this warranty or any other warranty under this Agreement shall be, at Applitools’ sole discretion: (i) to replace or repair the Software or the applicable portion thereof; or (ii) to terminate this Agreement.\n2. Warranty Exclusions. The warranties set forth in Section ‎4 are contingent upon Licensee’s proper use of the Software, and shall not apply to damage caused by abuse, misuse, alteration, neglect or unauthorized repair or installation, or by the use or attempted use of Software other than that supplied and supported by Applitools. Applitools will use reasonable commercial efforts to repair or replace the Software or the applicable portion thereof, pursuant to the foregoing warranty within thirty (30) days of being so notified.\n1. Warranty Disclaimers. AS BETWEEN LICENSEE AND APPLITOOLS, EXCEPT AS SET IN SECTION ‎4, THE SOFTWARE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND INCLUDING, WITHOUT LIMITATION, REPRESENTATIONS, WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR INTENDED OR PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, THAT THE SOFTWARE WILL MEET LICENSEE’S REQUIREMENTS OR EXPECTATIONS OR WILL ACHIEVE ANY SPECIFIC RESULTS AND THOSE ARISING BY STATUTE OR FROM A COURSE OF DEALING OR USAGE OF TRADE. Applicable law may not allow the exclusion of certain warranties, so to that extent such exclusions may not apply.\n1. High Risk Activities. You acknowledge that the Software is not fault tolerant and is not designed, manufactured, or intended for use or resale as on-line control equipment in hazardous or high risk environments and activities requiring fail-safe performance (such as in the operation of nuclear facilities, aircraft navigation or communication systems, air traffic control, direct life support machines and/or devices, or weapons systems) in which the failure of the Software could lead directly to death, personal injury, or severe physical or environmental damage, and You agree not to use or allow the use of the Software or any portion thereof for, or in connection with, any such environment or activity.\n1. Indemnify. You agree that Applitools shall have no liability whatsoever for any use made of the Software by You or any third party. You hereby agree to defend, indemnify and hold harmless Applitools and its affiliates and their respective officers, directors, agents and employees from any and all claims, damages, liabilities, costs, and expenses (including attorney’s fees) arising from claims related to Your use of the Software as well as from Your failure to comply with this Agreement.\n1. Limitation of Liability. UNDER NO CIRCUMSTANCES SHALL APPLITOOLS AND/OR ITS AFFILIATES BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, OR FOR ANY LOSS OF DATA, REVENUE, BUSINESS OR REPUTATION, THAT ARISES UNDER OR IN CONNECTION WITH THIS AGREEMENT, OR THAT RESULTS FROM THE USE OF, OR THE INABILITY TO USE, THE SOFTWARE. APPLITOOLS’S TOTAL AGGREGATE LIABILITY FOR ANY AND ALL DIRECT DAMAGES AND LOSSES THAT ARISE UNDER OR IN CONNECTION WITH THIS AGREEMENT SHALL NOT IN ANY CIRCUMSTANCE EXCEED THE AMOUNT OF 100.00 (ONE HUNDRED) UNITED STATES DOLLARS. THE FOREGOING LIMITATIONS AND EXCLUSIONS IN THIS SECTION ‎7 SHALL APPLY: (I) EVEN IF APPLITOOLS HAS BEEN ADVISED OF THE POSSIBILITY OF ANY DAMAGES OR LOSSES; (II) EVEN IF ANY REMEDY SET FORTH HEREIN FAILS OF ITS ESSENTIAL PURPOSE; AND (III) REGARDLESS OF THE BASIS OR THEORY OF LIABILITY.\n1. Export Laws. Licensee agrees to comply fully with all U.S., EU, Israeli, and all applicable export laws and regulations to ensure that neither the Software nor any technical data related thereto are exported or re-exported directly or indirectly in violation of, or used for any purposes prohibited by, such laws and regulations. For clarity, and without derogating from Section ‎11 below, in case of any change of any applicable law, policy or regulation, which might affect Applitools’ business, Applitools will have the right to terminate this Agreement and the license granted hereunder and the Licensee shall have no claims regarding such termination. \n1. Term and Termination. This Agreement shall continue until terminated as set forth in this section (the “Term”). You may terminate this Agreement at any time by removing the Software from Your system and destroying all copies of the Software and Documentation relating to the Software. Unauthorized copying of the Software or otherwise failing to comply with this Agreement will result in automatic immediate termination of this Agreement and will make available to Applitools legal remedies. Applitools reserves the right to terminate this Agreement and the License at any time and without notice. Upon termination of this Agreement, the License will terminate and You: (i) will cease any and all rights to use the Software, and (ii) will remove the Software from all hard drives, networks and other storage media and destroy all copies of the Software in your possession or under your control. 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This Agreement are governed by and construed under the laws of the State of Israel, excluding its conflicts of law rules. You expressly agree that the exclusive jurisdiction for any claim or action arising out of or relating to this Agreement shall be the courts located in Tel Aviv, Israel, and You further agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action. 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BY INSTALLING, ACCESSING AND/OR USING THE SOFTWARE (AS DEFINED BELOW), YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOU, OR THE COMPANY YOU REPRESENT, (“YOU” OR “LICENSEE”) ARE ENTERING INTO A LEGAL AGREEMENT WITH APPLITOOLS LTD. AND ITS AFFILIATES (“APPLITOOLS”), AND HAVE UNDERSTOOD AND AGREE TO COMPLY WITH, AND BE LEGALLY BOUND BY, THE TERMS AND CONDITIONS OF THIS AGREEMENT. YOU HEREBY WAIVE ANY RIGHTS OR REQUIREMENTS UNDER ANY LAWS OR REGULATIONS IN ANY JURISDICTION WHICH REQUIRE AN ORIGINAL (NON-ELECTRONIC) SIGNATURE OR DELIVERY OR RETENTION OF NON-ELECTRONIC RECORDS, TO THE EXTENT PERMITTED UNDER APPLICABLE LAW. \nTHE SOFTWARE MAY BE USED SOLELY FOR YOUR PERSONAL, NON-COMMERCIAL PURPOSES. FOR COMMERCIAL PURPOSES PLEASE CONTACT THE REGIONAL APPLITOOLS BUSINESS REPRESENTATIVE. \n1. Definitions. For purposes of this Agreement, the following capitalized terms shall have the following meaning:\n   1. “Documentation” means the user’s guides and technical manuals delivered by Applitools to Licensee.\n   2.  “Feedback” means suggestions, comments or feedback (whether orally or in writing) with respect to the Software.\n   3. “Intellectual Property Rights” means all intangible legal rights, titles and interests evidenced by or embodied in all: (i) inventions (regardless of patentability and whether or not reduced to practice), improvements thereto, patents, patent applications, patent disclosures, together with all reissuances, continuations, continuations in part, revisions, extensions and reexaminations thereof; (ii) trademarks, service marks, trade dress, logos, trade names, corporate names, together with translations, adaptations, derivations and combinations thereof, including goodwill associated therewith, and applications, registrations, and renewals in connection therewith; (iii) any work of authorship, regardless of copyrightable, copyrightable works, copyrights (including moral rights), and applications, registrations and renewals in connection therewith; (iv) mask works and applications, registrations and renewals in connection therewith; (v) trade secrets and Confidential Information; and (vi) other proprietary rights and any other similar rights, in each case on a worldwide basis, and copies and tangible embodiments thereof, in whatever form or medium.\n   4. “License” means the right to use the Software pursuant to Section ‎2.1 to this Agreement.\n   5.  “Software” means Applitools’ software development kit software in object or source code version, Documentation and any updates and upgrade thereto (to the extent delivered).\n1. License\n   1. Grant of License. Subject to the terms and conditions of this Agreement, Applitools grants You, during the Term, a personal, non-exclusive, non-sublicensable, non-transferable, revocable license to: (i) use the Software solely for Your own personal (non-commercial) use and (ii) use and display Applitools’ Marks solely for the purpose of publicizing or advertising that You are using the Software. \n   2. Documentation. Applitools may make available Documentation to Licensee for Licensee to use solely in connection with Licensee’s use of the Software during the term of this Agreement. Licensee may print or copy the Documentation as needed for its own purposes provided that all copyright notices are included therein. The Documentation shall be considered the Confidential Information of Applitools. \n   1. Reservation of Rights; Use Restrictions. Other than the rights explicitly granted in this Agreement, Licensee shall have no other rights, express or implied, in the Software. Without limiting the generality of the foregoing, Licensee agrees and undertakes not to: (i) allow any third party to use the Software in any manner, including but not limited to, sell, lease, sublicense or distribute the Software, or any part thereof; (ii) modify, revise, or alter the Software or reverse engineer, decompile, disassemble or otherwise reduce to human-perceivable form the Software’s source code; (iii) copy or allow copies of the Software to be made; (iv) remove, alter or obscure any proprietary notice or identification, including copyright, trademark, patent or other notices, contained in or displayed on or via the Software; (v) use the Software to violate any applicable laws, rules or regulations, or for any unlawful, harmful, irresponsible, or inappropriate purpose, or in any manner that breaches this Agreement, and/or (vi) represent that it possesses any proprietary interest in the Software.\n   1. Third Party Software. Licensee acknowledges and agrees that any third party software (“Third Party Software”) that provided with the Software is provided under the terms of the license attached/linked thereto or, if no such license is attached, such Third Party Software is provided for free and on “AS IS” basis. Applitools is not liable for any losses or damages which may occur resulting from the use of any Third Party Software. Applitools does not possess any proprietary interest in such Third Party Software. \n   1. Open Source Licenses. The Software includes certain open source code software and materials (as shall be listed in the documentation of the Software) (“Open Source Software”) that are subject to their respective open source licenses (“Open Source Licenses”). Such Open Source Licenses contain a list of conditions with respect to warranty, copyright policy and other provisions. By executing this Agreement, Licensee undertakes to strictly comply with the terms and condition of the Open Source Licenses, as may be amended from time to time. In order to comply with the Open Source Licenses, Licensee shall read the respective licenses or notices, such list of Open Source Licenses may be amended from time to time by Applitools, at its sole discretion. In the event of any inconsistencies or conflicting provisions between the provisions of the Open Source Licenses and the provisions of this Agreement, the provisions of the Open Source Licenses shall prevail. Without derogating from the generality of the foregoing, it is clarified that any Open Source Software is provided on an “AS IS” basis, without indemnity or warranty of any kind, whether express or implied. For clarity, the representations and warranties set forth in Section ‎4 hereunder shall not apply to any Open Source Software.\n1. Title & Ownership. APPLITOOLS DOES NOT SELL OR TRANSFER TITLE IN THE SOFTWARE, OR ANY PART THEREOF, TO LICENSEE. The Documentation, Software (excluding any Open Source Software and Third Party Software therein which are owned by their respective licensors) and/or any copies thereof, including without limitation any derivative works made (regardless of whether such derivative works were made and/or developed pursuant to the request and/or specifications of Licensee, and irrespective of any support and/or assistance Applitools may, will or had received from Licensee, or any third party on its behalf, with respect thereto), as well as any updates or upgrades thereto, if provided to Applitools pursuant to this Agreement, shall remain Applitools’ sole and exclusive property. All Intellectual Property Rights evidenced by or embodied in and/or attached/connected/related to the Software, or part thereof, are and shall be owned solely and exclusively by Applitools. Nothing in this Agreement shall constitute a waiver of Applitools’ Intellectual Property Rights under any law, or be in any way construed or interpreted as such. It is further agreed that to the extent Licensee provides Applitools with Feedback, Licensee acknowledges that any and all rights, including Intellectual Property Rights in such Feedback shall belong exclusively to Applitools and Licensee hereby irrevocably and unconditionally transfers and assigns to Applitools all intellectual property rights in such Feedback and waives any and all moral rights that Licensee may have in respect thereto. It is further understood that use of Feedback, if any, may be made by Applitools at its sole discretion, and that Applitools in no way shall be obliged to make use of any kind of the Feedback or part thereof. \n1. Warranty. Applitools warrants that to its knowledge it has the right to grant the license under this Agreement. Applitools’ sole liability for any breach of this warranty or any other warranty under this Agreement shall be, at Applitools’ sole discretion: (i) to replace or repair the Software or the applicable portion thereof; or (ii) to terminate this Agreement.\n2. Warranty Exclusions. The warranties set forth in Section ‎4 are contingent upon Licensee’s proper use of the Software, and shall not apply to damage caused by abuse, misuse, alteration, neglect or unauthorized repair or installation, or by the use or attempted use of Software other than that supplied and supported by Applitools. Applitools will use reasonable commercial efforts to repair or replace the Software or the applicable portion thereof, pursuant to the foregoing warranty within thirty (30) days of being so notified.\n1. Warranty Disclaimers. AS BETWEEN LICENSEE AND APPLITOOLS, EXCEPT AS SET IN SECTION ‎4, THE SOFTWARE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND INCLUDING, WITHOUT LIMITATION, REPRESENTATIONS, WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR INTENDED OR PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, THAT THE SOFTWARE WILL MEET LICENSEE’S REQUIREMENTS OR EXPECTATIONS OR WILL ACHIEVE ANY SPECIFIC RESULTS AND THOSE ARISING BY STATUTE OR FROM A COURSE OF DEALING OR USAGE OF TRADE. Applicable law may not allow the exclusion of certain warranties, so to that extent such exclusions may not apply.\n1. High Risk Activities. You acknowledge that the Software is not fault tolerant and is not designed, manufactured, or intended for use or resale as on-line control equipment in hazardous or high risk environments and activities requiring fail-safe performance (such as in the operation of nuclear facilities, aircraft navigation or communication systems, air traffic control, direct life support machines and/or devices, or weapons systems) in which the failure of the Software could lead directly to death, personal injury, or severe physical or environmental damage, and You agree not to use or allow the use of the Software or any portion thereof for, or in connection with, any such environment or activity.\n1. Indemnify. You agree that Applitools shall have no liability whatsoever for any use made of the Software by You or any third party. You hereby agree to defend, indemnify and hold harmless Applitools and its affiliates and their respective officers, directors, agents and employees from any and all claims, damages, liabilities, costs, and expenses (including attorney’s fees) arising from claims related to Your use of the Software as well as from Your failure to comply with this Agreement.\n1. Limitation of Liability. UNDER NO CIRCUMSTANCES SHALL APPLITOOLS AND/OR ITS AFFILIATES BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, OR FOR ANY LOSS OF DATA, REVENUE, BUSINESS OR REPUTATION, THAT ARISES UNDER OR IN CONNECTION WITH THIS AGREEMENT, OR THAT RESULTS FROM THE USE OF, OR THE INABILITY TO USE, THE SOFTWARE. APPLITOOLS’S TOTAL AGGREGATE LIABILITY FOR ANY AND ALL DIRECT DAMAGES AND LOSSES THAT ARISE UNDER OR IN CONNECTION WITH THIS AGREEMENT SHALL NOT IN ANY CIRCUMSTANCE EXCEED THE AMOUNT OF 100.00 (ONE HUNDRED) UNITED STATES DOLLARS. THE FOREGOING LIMITATIONS AND EXCLUSIONS IN THIS SECTION ‎7 SHALL APPLY: (I) EVEN IF APPLITOOLS HAS BEEN ADVISED OF THE POSSIBILITY OF ANY DAMAGES OR LOSSES; (II) EVEN IF ANY REMEDY SET FORTH HEREIN FAILS OF ITS ESSENTIAL PURPOSE; AND (III) REGARDLESS OF THE BASIS OR THEORY OF LIABILITY.\n1. Export Laws. Licensee agrees to comply fully with all U.S., EU, Israeli, and all applicable export laws and regulations to ensure that neither the Software nor any technical data related thereto are exported or re-exported directly or indirectly in violation of, or used for any purposes prohibited by, such laws and regulations. For clarity, and without derogating from Section ‎11 below, in case of any change of any applicable law, policy or regulation, which might affect Applitools’ business, Applitools will have the right to terminate this Agreement and the license granted hereunder and the Licensee shall have no claims regarding such termination. \n1. Term and Termination. This Agreement shall continue until terminated as set forth in this section (the “Term”). You may terminate this Agreement at any time by removing the Software from Your system and destroying all copies of the Software and Documentation relating to the Software. Unauthorized copying of the Software or otherwise failing to comply with this Agreement will result in automatic immediate termination of this Agreement and will make available to Applitools legal remedies. Applitools reserves the right to terminate this Agreement and the License at any time and without notice. Upon termination of this Agreement, the License will terminate and You: (i) will cease any and all rights to use the Software, and (ii) will remove the Software from all hard drives, networks and other storage media and destroy all copies of the Software in your possession or under your control. 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This Agreement are governed by and construed under the laws of the State of Israel, excluding its conflicts of law rules. You expressly agree that the exclusive jurisdiction for any claim or action arising out of or relating to this Agreement shall be the courts located in Tel Aviv, Israel, and You further agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action. 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BY INSTALLING, ACCESSING AND/OR USING THE SOFTWARE (AS DEFINED BELOW), YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOU, OR THE COMPANY YOU REPRESENT, (“YOU” OR “LICENSEE”) ARE ENTERING INTO A LEGAL AGREEMENT WITH APPLITOOLS LTD. AND ITS AFFILIATES (“APPLITOOLS”), AND HAVE UNDERSTOOD AND AGREE TO COMPLY WITH, AND BE LEGALLY BOUND BY, THE TERMS AND CONDITIONS OF THIS AGREEMENT. YOU HEREBY WAIVE ANY RIGHTS OR REQUIREMENTS UNDER ANY LAWS OR REGULATIONS IN ANY JURISDICTION WHICH REQUIRE AN ORIGINAL (NON-ELECTRONIC) SIGNATURE OR DELIVERY OR RETENTION OF NON-ELECTRONIC RECORDS, TO THE EXTENT PERMITTED UNDER APPLICABLE LAW. \nTHE SOFTWARE MAY BE USED SOLELY FOR YOUR PERSONAL, NON-COMMERCIAL PURPOSES. FOR COMMERCIAL PURPOSES PLEASE CONTACT THE REGIONAL APPLITOOLS BUSINESS REPRESENTATIVE. \n1. Definitions. For purposes of this Agreement, the following capitalized terms shall have the following meaning:\n   1. “Documentation” means the user’s guides and technical manuals delivered by Applitools to Licensee.\n   2.  “Feedback” means suggestions, comments or feedback (whether orally or in writing) with respect to the Software.\n   3. “Intellectual Property Rights” means all intangible legal rights, titles and interests evidenced by or embodied in all: (i) inventions (regardless of patentability and whether or not reduced to practice), improvements thereto, patents, patent applications, patent disclosures, together with all reissuances, continuations, continuations in part, revisions, extensions and reexaminations thereof; (ii) trademarks, service marks, trade dress, logos, trade names, corporate names, together with translations, adaptations, derivations and combinations thereof, including goodwill associated therewith, and applications, registrations, and renewals in connection therewith; (iii) any work of authorship, regardless of copyrightable, copyrightable works, copyrights (including moral rights), and applications, registrations and renewals in connection therewith; (iv) mask works and applications, registrations and renewals in connection therewith; (v) trade secrets and Confidential Information; and (vi) other proprietary rights and any other similar rights, in each case on a worldwide basis, and copies and tangible embodiments thereof, in whatever form or medium.\n   4. “License” means the right to use the Software pursuant to Section ‎2.1 to this Agreement.\n   5.  “Software” means Applitools’ software development kit software in object or source code version, Documentation and any updates and upgrade thereto (to the extent delivered).\n1. License\n   1. Grant of License. Subject to the terms and conditions of this Agreement, Applitools grants You, during the Term, a personal, non-exclusive, non-sublicensable, non-transferable, revocable license to: (i) use the Software solely for Your own personal (non-commercial) use and (ii) use and display Applitools’ Marks solely for the purpose of publicizing or advertising that You are using the Software. \n   2. Documentation. Applitools may make available Documentation to Licensee for Licensee to use solely in connection with Licensee’s use of the Software during the term of this Agreement. Licensee may print or copy the Documentation as needed for its own purposes provided that all copyright notices are included therein. The Documentation shall be considered the Confidential Information of Applitools. \n   1. Reservation of Rights; Use Restrictions. Other than the rights explicitly granted in this Agreement, Licensee shall have no other rights, express or implied, in the Software. Without limiting the generality of the foregoing, Licensee agrees and undertakes not to: (i) allow any third party to use the Software in any manner, including but not limited to, sell, lease, sublicense or distribute the Software, or any part thereof; (ii) modify, revise, or alter the Software or reverse engineer, decompile, disassemble or otherwise reduce to human-perceivable form the Software’s source code; (iii) copy or allow copies of the Software to be made; (iv) remove, alter or obscure any proprietary notice or identification, including copyright, trademark, patent or other notices, contained in or displayed on or via the Software; (v) use the Software to violate any applicable laws, rules or regulations, or for any unlawful, harmful, irresponsible, or inappropriate purpose, or in any manner that breaches this Agreement, and/or (vi) represent that it possesses any proprietary interest in the Software.\n   1. Third Party Software. Licensee acknowledges and agrees that any third party software (“Third Party Software”) that provided with the Software is provided under the terms of the license attached/linked thereto or, if no such license is attached, such Third Party Software is provided for free and on “AS IS” basis. Applitools is not liable for any losses or damages which may occur resulting from the use of any Third Party Software. Applitools does not possess any proprietary interest in such Third Party Software. \n   1. Open Source Licenses. The Software includes certain open source code software and materials (as shall be listed in the documentation of the Software) (“Open Source Software”) that are subject to their respective open source licenses (“Open Source Licenses”). Such Open Source Licenses contain a list of conditions with respect to warranty, copyright policy and other provisions. By executing this Agreement, Licensee undertakes to strictly comply with the terms and condition of the Open Source Licenses, as may be amended from time to time. In order to comply with the Open Source Licenses, Licensee shall read the respective licenses or notices, such list of Open Source Licenses may be amended from time to time by Applitools, at its sole discretion. In the event of any inconsistencies or conflicting provisions between the provisions of the Open Source Licenses and the provisions of this Agreement, the provisions of the Open Source Licenses shall prevail. Without derogating from the generality of the foregoing, it is clarified that any Open Source Software is provided on an “AS IS” basis, without indemnity or warranty of any kind, whether express or implied. For clarity, the representations and warranties set forth in Section ‎4 hereunder shall not apply to any Open Source Software.\n1. Title & Ownership. APPLITOOLS DOES NOT SELL OR TRANSFER TITLE IN THE SOFTWARE, OR ANY PART THEREOF, TO LICENSEE. The Documentation, Software (excluding any Open Source Software and Third Party Software therein which are owned by their respective licensors) and/or any copies thereof, including without limitation any derivative works made (regardless of whether such derivative works were made and/or developed pursuant to the request and/or specifications of Licensee, and irrespective of any support and/or assistance Applitools may, will or had received from Licensee, or any third party on its behalf, with respect thereto), as well as any updates or upgrades thereto, if provided to Applitools pursuant to this Agreement, shall remain Applitools’ sole and exclusive property. All Intellectual Property Rights evidenced by or embodied in and/or attached/connected/related to the Software, or part thereof, are and shall be owned solely and exclusively by Applitools. Nothing in this Agreement shall constitute a waiver of Applitools’ Intellectual Property Rights under any law, or be in any way construed or interpreted as such. It is further agreed that to the extent Licensee provides Applitools with Feedback, Licensee acknowledges that any and all rights, including Intellectual Property Rights in such Feedback shall belong exclusively to Applitools and Licensee hereby irrevocably and unconditionally transfers and assigns to Applitools all intellectual property rights in such Feedback and waives any and all moral rights that Licensee may have in respect thereto. It is further understood that use of Feedback, if any, may be made by Applitools at its sole discretion, and that Applitools in no way shall be obliged to make use of any kind of the Feedback or part thereof. \n1. Warranty. Applitools warrants that to its knowledge it has the right to grant the license under this Agreement. Applitools’ sole liability for any breach of this warranty or any other warranty under this Agreement shall be, at Applitools’ sole discretion: (i) to replace or repair the Software or the applicable portion thereof; or (ii) to terminate this Agreement.\n2. Warranty Exclusions. The warranties set forth in Section ‎4 are contingent upon Licensee’s proper use of the Software, and shall not apply to damage caused by abuse, misuse, alteration, neglect or unauthorized repair or installation, or by the use or attempted use of Software other than that supplied and supported by Applitools. Applitools will use reasonable commercial efforts to repair or replace the Software or the applicable portion thereof, pursuant to the foregoing warranty within thirty (30) days of being so notified.\n1. Warranty Disclaimers. AS BETWEEN LICENSEE AND APPLITOOLS, EXCEPT AS SET IN SECTION ‎4, THE SOFTWARE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND INCLUDING, WITHOUT LIMITATION, REPRESENTATIONS, WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR INTENDED OR PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, THAT THE SOFTWARE WILL MEET LICENSEE’S REQUIREMENTS OR EXPECTATIONS OR WILL ACHIEVE ANY SPECIFIC RESULTS AND THOSE ARISING BY STATUTE OR FROM A COURSE OF DEALING OR USAGE OF TRADE. Applicable law may not allow the exclusion of certain warranties, so to that extent such exclusions may not apply.\n1. High Risk Activities. You acknowledge that the Software is not fault tolerant and is not designed, manufactured, or intended for use or resale as on-line control equipment in hazardous or high risk environments and activities requiring fail-safe performance (such as in the operation of nuclear facilities, aircraft navigation or communication systems, air traffic control, direct life support machines and/or devices, or weapons systems) in which the failure of the Software could lead directly to death, personal injury, or severe physical or environmental damage, and You agree not to use or allow the use of the Software or any portion thereof for, or in connection with, any such environment or activity.\n1. Indemnify. You agree that Applitools shall have no liability whatsoever for any use made of the Software by You or any third party. You hereby agree to defend, indemnify and hold harmless Applitools and its affiliates and their respective officers, directors, agents and employees from any and all claims, damages, liabilities, costs, and expenses (including attorney’s fees) arising from claims related to Your use of the Software as well as from Your failure to comply with this Agreement.\n1. Limitation of Liability. UNDER NO CIRCUMSTANCES SHALL APPLITOOLS AND/OR ITS AFFILIATES BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, OR FOR ANY LOSS OF DATA, REVENUE, BUSINESS OR REPUTATION, THAT ARISES UNDER OR IN CONNECTION WITH THIS AGREEMENT, OR THAT RESULTS FROM THE USE OF, OR THE INABILITY TO USE, THE SOFTWARE. APPLITOOLS’S TOTAL AGGREGATE LIABILITY FOR ANY AND ALL DIRECT DAMAGES AND LOSSES THAT ARISE UNDER OR IN CONNECTION WITH THIS AGREEMENT SHALL NOT IN ANY CIRCUMSTANCE EXCEED THE AMOUNT OF 100.00 (ONE HUNDRED) UNITED STATES DOLLARS. THE FOREGOING LIMITATIONS AND EXCLUSIONS IN THIS SECTION ‎7 SHALL APPLY: (I) EVEN IF APPLITOOLS HAS BEEN ADVISED OF THE POSSIBILITY OF ANY DAMAGES OR LOSSES; (II) EVEN IF ANY REMEDY SET FORTH HEREIN FAILS OF ITS ESSENTIAL PURPOSE; AND (III) REGARDLESS OF THE BASIS OR THEORY OF LIABILITY.\n1. Export Laws. Licensee agrees to comply fully with all U.S., EU, Israeli, and all applicable export laws and regulations to ensure that neither the Software nor any technical data related thereto are exported or re-exported directly or indirectly in violation of, or used for any purposes prohibited by, such laws and regulations. For clarity, and without derogating from Section ‎11 below, in case of any change of any applicable law, policy or regulation, which might affect Applitools’ business, Applitools will have the right to terminate this Agreement and the license granted hereunder and the Licensee shall have no claims regarding such termination. \n1. Term and Termination. This Agreement shall continue until terminated as set forth in this section (the “Term”). You may terminate this Agreement at any time by removing the Software from Your system and destroying all copies of the Software and Documentation relating to the Software. Unauthorized copying of the Software or otherwise failing to comply with this Agreement will result in automatic immediate termination of this Agreement and will make available to Applitools legal remedies. Applitools reserves the right to terminate this Agreement and the License at any time and without notice. Upon termination of this Agreement, the License will terminate and You: (i) will cease any and all rights to use the Software, and (ii) will remove the Software from all hard drives, networks and other storage media and destroy all copies of the Software in your possession or under your control. 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This Agreement are governed by and construed under the laws of the State of Israel, excluding its conflicts of law rules. You expressly agree that the exclusive jurisdiction for any claim or action arising out of or relating to this Agreement shall be the courts located in Tel Aviv, Israel, and You further agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action. 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BY INSTALLING, ACCESSING AND/OR USING THE SOFTWARE (AS DEFINED BELOW), YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOU, OR THE COMPANY YOU REPRESENT, (“YOU” OR “LICENSEE”) ARE ENTERING INTO A LEGAL AGREEMENT WITH APPLITOOLS LTD. AND ITS AFFILIATES (“APPLITOOLS”), AND HAVE UNDERSTOOD AND AGREE TO COMPLY WITH, AND BE LEGALLY BOUND BY, THE TERMS AND CONDITIONS OF THIS AGREEMENT. YOU HEREBY WAIVE ANY RIGHTS OR REQUIREMENTS UNDER ANY LAWS OR REGULATIONS IN ANY JURISDICTION WHICH REQUIRE AN ORIGINAL (NON-ELECTRONIC) SIGNATURE OR DELIVERY OR RETENTION OF NON-ELECTRONIC RECORDS, TO THE EXTENT PERMITTED UNDER APPLICABLE LAW. \nTHE SOFTWARE MAY BE USED SOLELY FOR YOUR PERSONAL, NON-COMMERCIAL PURPOSES. FOR COMMERCIAL PURPOSES PLEASE CONTACT THE REGIONAL APPLITOOLS BUSINESS REPRESENTATIVE. \n1. Definitions. For purposes of this Agreement, the following capitalized terms shall have the following meaning:\n   1. “Documentation” means the user’s guides and technical manuals delivered by Applitools to Licensee.\n   2.  “Feedback” means suggestions, comments or feedback (whether orally or in writing) with respect to the Software.\n   3. “Intellectual Property Rights” means all intangible legal rights, titles and interests evidenced by or embodied in all: (i) inventions (regardless of patentability and whether or not reduced to practice), improvements thereto, patents, patent applications, patent disclosures, together with all reissuances, continuations, continuations in part, revisions, extensions and reexaminations thereof; (ii) trademarks, service marks, trade dress, logos, trade names, corporate names, together with translations, adaptations, derivations and combinations thereof, including goodwill associated therewith, and applications, registrations, and renewals in connection therewith; (iii) any work of authorship, regardless of copyrightable, copyrightable works, copyrights (including moral rights), and applications, registrations and renewals in connection therewith; (iv) mask works and applications, registrations and renewals in connection therewith; (v) trade secrets and Confidential Information; and (vi) other proprietary rights and any other similar rights, in each case on a worldwide basis, and copies and tangible embodiments thereof, in whatever form or medium.\n   4. “License” means the right to use the Software pursuant to Section ‎2.1 to this Agreement.\n   5.  “Software” means Applitools’ software development kit software in object or source code version, Documentation and any updates and upgrade thereto (to the extent delivered).\n1. License\n   1. Grant of License. Subject to the terms and conditions of this Agreement, Applitools grants You, during the Term, a personal, non-exclusive, non-sublicensable, non-transferable, revocable license to: (i) use the Software solely for Your own personal (non-commercial) use and (ii) use and display Applitools’ Marks solely for the purpose of publicizing or advertising that You are using the Software. \n   2. Documentation. Applitools may make available Documentation to Licensee for Licensee to use solely in connection with Licensee’s use of the Software during the term of this Agreement. Licensee may print or copy the Documentation as needed for its own purposes provided that all copyright notices are included therein. The Documentation shall be considered the Confidential Information of Applitools. \n   1. Reservation of Rights; Use Restrictions. Other than the rights explicitly granted in this Agreement, Licensee shall have no other rights, express or implied, in the Software. Without limiting the generality of the foregoing, Licensee agrees and undertakes not to: (i) allow any third party to use the Software in any manner, including but not limited to, sell, lease, sublicense or distribute the Software, or any part thereof; (ii) modify, revise, or alter the Software or reverse engineer, decompile, disassemble or otherwise reduce to human-perceivable form the Software’s source code; (iii) copy or allow copies of the Software to be made; (iv) remove, alter or obscure any proprietary notice or identification, including copyright, trademark, patent or other notices, contained in or displayed on or via the Software; (v) use the Software to violate any applicable laws, rules or regulations, or for any unlawful, harmful, irresponsible, or inappropriate purpose, or in any manner that breaches this Agreement, and/or (vi) represent that it possesses any proprietary interest in the Software.\n   1. Third Party Software. Licensee acknowledges and agrees that any third party software (“Third Party Software”) that provided with the Software is provided under the terms of the license attached/linked thereto or, if no such license is attached, such Third Party Software is provided for free and on “AS IS” basis. Applitools is not liable for any losses or damages which may occur resulting from the use of any Third Party Software. Applitools does not possess any proprietary interest in such Third Party Software. \n   1. Open Source Licenses. The Software includes certain open source code software and materials (as shall be listed in the documentation of the Software) (“Open Source Software”) that are subject to their respective open source licenses (“Open Source Licenses”). Such Open Source Licenses contain a list of conditions with respect to warranty, copyright policy and other provisions. By executing this Agreement, Licensee undertakes to strictly comply with the terms and condition of the Open Source Licenses, as may be amended from time to time. In order to comply with the Open Source Licenses, Licensee shall read the respective licenses or notices, such list of Open Source Licenses may be amended from time to time by Applitools, at its sole discretion. In the event of any inconsistencies or conflicting provisions between the provisions of the Open Source Licenses and the provisions of this Agreement, the provisions of the Open Source Licenses shall prevail. Without derogating from the generality of the foregoing, it is clarified that any Open Source Software is provided on an “AS IS” basis, without indemnity or warranty of any kind, whether express or implied. For clarity, the representations and warranties set forth in Section ‎4 hereunder shall not apply to any Open Source Software.\n1. Title & Ownership. APPLITOOLS DOES NOT SELL OR TRANSFER TITLE IN THE SOFTWARE, OR ANY PART THEREOF, TO LICENSEE. The Documentation, Software (excluding any Open Source Software and Third Party Software therein which are owned by their respective licensors) and/or any copies thereof, including without limitation any derivative works made (regardless of whether such derivative works were made and/or developed pursuant to the request and/or specifications of Licensee, and irrespective of any support and/or assistance Applitools may, will or had received from Licensee, or any third party on its behalf, with respect thereto), as well as any updates or upgrades thereto, if provided to Applitools pursuant to this Agreement, shall remain Applitools’ sole and exclusive property. All Intellectual Property Rights evidenced by or embodied in and/or attached/connected/related to the Software, or part thereof, are and shall be owned solely and exclusively by Applitools. Nothing in this Agreement shall constitute a waiver of Applitools’ Intellectual Property Rights under any law, or be in any way construed or interpreted as such. It is further agreed that to the extent Licensee provides Applitools with Feedback, Licensee acknowledges that any and all rights, including Intellectual Property Rights in such Feedback shall belong exclusively to Applitools and Licensee hereby irrevocably and unconditionally transfers and assigns to Applitools all intellectual property rights in such Feedback and waives any and all moral rights that Licensee may have in respect thereto. It is further understood that use of Feedback, if any, may be made by Applitools at its sole discretion, and that Applitools in no way shall be obliged to make use of any kind of the Feedback or part thereof. \n1. Warranty. Applitools warrants that to its knowledge it has the right to grant the license under this Agreement. Applitools’ sole liability for any breach of this warranty or any other warranty under this Agreement shall be, at Applitools’ sole discretion: (i) to replace or repair the Software or the applicable portion thereof; or (ii) to terminate this Agreement.\n2. Warranty Exclusions. The warranties set forth in Section ‎4 are contingent upon Licensee’s proper use of the Software, and shall not apply to damage caused by abuse, misuse, alteration, neglect or unauthorized repair or installation, or by the use or attempted use of Software other than that supplied and supported by Applitools. Applitools will use reasonable commercial efforts to repair or replace the Software or the applicable portion thereof, pursuant to the foregoing warranty within thirty (30) days of being so notified.\n1. Warranty Disclaimers. AS BETWEEN LICENSEE AND APPLITOOLS, EXCEPT AS SET IN SECTION ‎4, THE SOFTWARE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND INCLUDING, WITHOUT LIMITATION, REPRESENTATIONS, WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR INTENDED OR PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, THAT THE SOFTWARE WILL MEET LICENSEE’S REQUIREMENTS OR EXPECTATIONS OR WILL ACHIEVE ANY SPECIFIC RESULTS AND THOSE ARISING BY STATUTE OR FROM A COURSE OF DEALING OR USAGE OF TRADE. Applicable law may not allow the exclusion of certain warranties, so to that extent such exclusions may not apply.\n1. High Risk Activities. You acknowledge that the Software is not fault tolerant and is not designed, manufactured, or intended for use or resale as on-line control equipment in hazardous or high risk environments and activities requiring fail-safe performance (such as in the operation of nuclear facilities, aircraft navigation or communication systems, air traffic control, direct life support machines and/or devices, or weapons systems) in which the failure of the Software could lead directly to death, personal injury, or severe physical or environmental damage, and You agree not to use or allow the use of the Software or any portion thereof for, or in connection with, any such environment or activity.\n1. Indemnify. You agree that Applitools shall have no liability whatsoever for any use made of the Software by You or any third party. You hereby agree to defend, indemnify and hold harmless Applitools and its affiliates and their respective officers, directors, agents and employees from any and all claims, damages, liabilities, costs, and expenses (including attorney’s fees) arising from claims related to Your use of the Software as well as from Your failure to comply with this Agreement.\n1. Limitation of Liability. UNDER NO CIRCUMSTANCES SHALL APPLITOOLS AND/OR ITS AFFILIATES BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, OR FOR ANY LOSS OF DATA, REVENUE, BUSINESS OR REPUTATION, THAT ARISES UNDER OR IN CONNECTION WITH THIS AGREEMENT, OR THAT RESULTS FROM THE USE OF, OR THE INABILITY TO USE, THE SOFTWARE. APPLITOOLS’S TOTAL AGGREGATE LIABILITY FOR ANY AND ALL DIRECT DAMAGES AND LOSSES THAT ARISE UNDER OR IN CONNECTION WITH THIS AGREEMENT SHALL NOT IN ANY CIRCUMSTANCE EXCEED THE AMOUNT OF 100.00 (ONE HUNDRED) UNITED STATES DOLLARS. THE FOREGOING LIMITATIONS AND EXCLUSIONS IN THIS SECTION ‎7 SHALL APPLY: (I) EVEN IF APPLITOOLS HAS BEEN ADVISED OF THE POSSIBILITY OF ANY DAMAGES OR LOSSES; (II) EVEN IF ANY REMEDY SET FORTH HEREIN FAILS OF ITS ESSENTIAL PURPOSE; AND (III) REGARDLESS OF THE BASIS OR THEORY OF LIABILITY.\n1. Export Laws. Licensee agrees to comply fully with all U.S., EU, Israeli, and all applicable export laws and regulations to ensure that neither the Software nor any technical data related thereto are exported or re-exported directly or indirectly in violation of, or used for any purposes prohibited by, such laws and regulations. For clarity, and without derogating from Section ‎11 below, in case of any change of any applicable law, policy or regulation, which might affect Applitools’ business, Applitools will have the right to terminate this Agreement and the license granted hereunder and the Licensee shall have no claims regarding such termination. \n1. Term and Termination. This Agreement shall continue until terminated as set forth in this section (the “Term”). You may terminate this Agreement at any time by removing the Software from Your system and destroying all copies of the Software and Documentation relating to the Software. Unauthorized copying of the Software or otherwise failing to comply with this Agreement will result in automatic immediate termination of this Agreement and will make available to Applitools legal remedies. Applitools reserves the right to terminate this Agreement and the License at any time and without notice. Upon termination of this Agreement, the License will terminate and You: (i) will cease any and all rights to use the Software, and (ii) will remove the Software from all hard drives, networks and other storage media and destroy all copies of the Software in your possession or under your control. 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This Agreement are governed by and construed under the laws of the State of Israel, excluding its conflicts of law rules. You expressly agree that the exclusive jurisdiction for any claim or action arising out of or relating to this Agreement shall be the courts located in Tel Aviv, Israel, and You further agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action. 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BY INSTALLING, ACCESSING AND/OR USING THE SOFTWARE (AS DEFINED BELOW), YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOU, OR THE COMPANY YOU REPRESENT, (“YOU” OR “LICENSEE”) ARE ENTERING INTO A LEGAL AGREEMENT WITH APPLITOOLS LTD. AND ITS AFFILIATES (“APPLITOOLS”), AND HAVE UNDERSTOOD AND AGREE TO COMPLY WITH, AND BE LEGALLY BOUND BY, THE TERMS AND CONDITIONS OF THIS AGREEMENT. YOU HEREBY WAIVE ANY RIGHTS OR REQUIREMENTS UNDER ANY LAWS OR REGULATIONS IN ANY JURISDICTION WHICH REQUIRE AN ORIGINAL (NON-ELECTRONIC) SIGNATURE OR DELIVERY OR RETENTION OF NON-ELECTRONIC RECORDS, TO THE EXTENT PERMITTED UNDER APPLICABLE LAW. \nTHE SOFTWARE MAY BE USED SOLELY FOR YOUR PERSONAL, NON-COMMERCIAL PURPOSES. FOR COMMERCIAL PURPOSES PLEASE CONTACT THE REGIONAL APPLITOOLS BUSINESS REPRESENTATIVE. \n1. Definitions. For purposes of this Agreement, the following capitalized terms shall have the following meaning:\n   1. “Documentation” means the user’s guides and technical manuals delivered by Applitools to Licensee.\n   2.  “Feedback” means suggestions, comments or feedback (whether orally or in writing) with respect to the Software.\n   3. “Intellectual Property Rights” means all intangible legal rights, titles and interests evidenced by or embodied in all: (i) inventions (regardless of patentability and whether or not reduced to practice), improvements thereto, patents, patent applications, patent disclosures, together with all reissuances, continuations, continuations in part, revisions, extensions and reexaminations thereof; (ii) trademarks, service marks, trade dress, logos, trade names, corporate names, together with translations, adaptations, derivations and combinations thereof, including goodwill associated therewith, and applications, registrations, and renewals in connection therewith; (iii) any work of authorship, regardless of copyrightable, copyrightable works, copyrights (including moral rights), and applications, registrations and renewals in connection therewith; (iv) mask works and applications, registrations and renewals in connection therewith; (v) trade secrets and Confidential Information; and (vi) other proprietary rights and any other similar rights, in each case on a worldwide basis, and copies and tangible embodiments thereof, in whatever form or medium.\n   4. “License” means the right to use the Software pursuant to Section ‎2.1 to this Agreement.\n   5.  “Software” means Applitools’ software development kit software in object or source code version, Documentation and any updates and upgrade thereto (to the extent delivered).\n1. License\n   1. Grant of License. Subject to the terms and conditions of this Agreement, Applitools grants You, during the Term, a personal, non-exclusive, non-sublicensable, non-transferable, revocable license to: (i) use the Software solely for Your own personal (non-commercial) use and (ii) use and display Applitools’ Marks solely for the purpose of publicizing or advertising that You are using the Software. \n   2. Documentation. Applitools may make available Documentation to Licensee for Licensee to use solely in connection with Licensee’s use of the Software during the term of this Agreement. Licensee may print or copy the Documentation as needed for its own purposes provided that all copyright notices are included therein. The Documentation shall be considered the Confidential Information of Applitools. \n   1. Reservation of Rights; Use Restrictions. Other than the rights explicitly granted in this Agreement, Licensee shall have no other rights, express or implied, in the Software. Without limiting the generality of the foregoing, Licensee agrees and undertakes not to: (i) allow any third party to use the Software in any manner, including but not limited to, sell, lease, sublicense or distribute the Software, or any part thereof; (ii) modify, revise, or alter the Software or reverse engineer, decompile, disassemble or otherwise reduce to human-perceivable form the Software’s source code; (iii) copy or allow copies of the Software to be made; (iv) remove, alter or obscure any proprietary notice or identification, including copyright, trademark, patent or other notices, contained in or displayed on or via the Software; (v) use the Software to violate any applicable laws, rules or regulations, or for any unlawful, harmful, irresponsible, or inappropriate purpose, or in any manner that breaches this Agreement, and/or (vi) represent that it possesses any proprietary interest in the Software.\n   1. Third Party Software. Licensee acknowledges and agrees that any third party software (“Third Party Software”) that provided with the Software is provided under the terms of the license attached/linked thereto or, if no such license is attached, such Third Party Software is provided for free and on “AS IS” basis. Applitools is not liable for any losses or damages which may occur resulting from the use of any Third Party Software. Applitools does not possess any proprietary interest in such Third Party Software. \n   1. Open Source Licenses. The Software includes certain open source code software and materials (as shall be listed in the documentation of the Software) (“Open Source Software”) that are subject to their respective open source licenses (“Open Source Licenses”). Such Open Source Licenses contain a list of conditions with respect to warranty, copyright policy and other provisions. By executing this Agreement, Licensee undertakes to strictly comply with the terms and condition of the Open Source Licenses, as may be amended from time to time. In order to comply with the Open Source Licenses, Licensee shall read the respective licenses or notices, such list of Open Source Licenses may be amended from time to time by Applitools, at its sole discretion. In the event of any inconsistencies or conflicting provisions between the provisions of the Open Source Licenses and the provisions of this Agreement, the provisions of the Open Source Licenses shall prevail. Without derogating from the generality of the foregoing, it is clarified that any Open Source Software is provided on an “AS IS” basis, without indemnity or warranty of any kind, whether express or implied. For clarity, the representations and warranties set forth in Section ‎4 hereunder shall not apply to any Open Source Software.\n1. Title & Ownership. APPLITOOLS DOES NOT SELL OR TRANSFER TITLE IN THE SOFTWARE, OR ANY PART THEREOF, TO LICENSEE. The Documentation, Software (excluding any Open Source Software and Third Party Software therein which are owned by their respective licensors) and/or any copies thereof, including without limitation any derivative works made (regardless of whether such derivative works were made and/or developed pursuant to the request and/or specifications of Licensee, and irrespective of any support and/or assistance Applitools may, will or had received from Licensee, or any third party on its behalf, with respect thereto), as well as any updates or upgrades thereto, if provided to Applitools pursuant to this Agreement, shall remain Applitools’ sole and exclusive property. All Intellectual Property Rights evidenced by or embodied in and/or attached/connected/related to the Software, or part thereof, are and shall be owned solely and exclusively by Applitools. Nothing in this Agreement shall constitute a waiver of Applitools’ Intellectual Property Rights under any law, or be in any way construed or interpreted as such. It is further agreed that to the extent Licensee provides Applitools with Feedback, Licensee acknowledges that any and all rights, including Intellectual Property Rights in such Feedback shall belong exclusively to Applitools and Licensee hereby irrevocably and unconditionally transfers and assigns to Applitools all intellectual property rights in such Feedback and waives any and all moral rights that Licensee may have in respect thereto. It is further understood that use of Feedback, if any, may be made by Applitools at its sole discretion, and that Applitools in no way shall be obliged to make use of any kind of the Feedback or part thereof. \n1. Warranty. Applitools warrants that to its knowledge it has the right to grant the license under this Agreement. Applitools’ sole liability for any breach of this warranty or any other warranty under this Agreement shall be, at Applitools’ sole discretion: (i) to replace or repair the Software or the applicable portion thereof; or (ii) to terminate this Agreement.\n2. Warranty Exclusions. The warranties set forth in Section ‎4 are contingent upon Licensee’s proper use of the Software, and shall not apply to damage caused by abuse, misuse, alteration, neglect or unauthorized repair or installation, or by the use or attempted use of Software other than that supplied and supported by Applitools. Applitools will use reasonable commercial efforts to repair or replace the Software or the applicable portion thereof, pursuant to the foregoing warranty within thirty (30) days of being so notified.\n1. Warranty Disclaimers. AS BETWEEN LICENSEE AND APPLITOOLS, EXCEPT AS SET IN SECTION ‎4, THE SOFTWARE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND INCLUDING, WITHOUT LIMITATION, REPRESENTATIONS, WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR INTENDED OR PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, THAT THE SOFTWARE WILL MEET LICENSEE’S REQUIREMENTS OR EXPECTATIONS OR WILL ACHIEVE ANY SPECIFIC RESULTS AND THOSE ARISING BY STATUTE OR FROM A COURSE OF DEALING OR USAGE OF TRADE. Applicable law may not allow the exclusion of certain warranties, so to that extent such exclusions may not apply.\n1. High Risk Activities. You acknowledge that the Software is not fault tolerant and is not designed, manufactured, or intended for use or resale as on-line control equipment in hazardous or high risk environments and activities requiring fail-safe performance (such as in the operation of nuclear facilities, aircraft navigation or communication systems, air traffic control, direct life support machines and/or devices, or weapons systems) in which the failure of the Software could lead directly to death, personal injury, or severe physical or environmental damage, and You agree not to use or allow the use of the Software or any portion thereof for, or in connection with, any such environment or activity.\n1. Indemnify. You agree that Applitools shall have no liability whatsoever for any use made of the Software by You or any third party. You hereby agree to defend, indemnify and hold harmless Applitools and its affiliates and their respective officers, directors, agents and employees from any and all claims, damages, liabilities, costs, and expenses (including attorney’s fees) arising from claims related to Your use of the Software as well as from Your failure to comply with this Agreement.\n1. Limitation of Liability. UNDER NO CIRCUMSTANCES SHALL APPLITOOLS AND/OR ITS AFFILIATES BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, OR FOR ANY LOSS OF DATA, REVENUE, BUSINESS OR REPUTATION, THAT ARISES UNDER OR IN CONNECTION WITH THIS AGREEMENT, OR THAT RESULTS FROM THE USE OF, OR THE INABILITY TO USE, THE SOFTWARE. APPLITOOLS’S TOTAL AGGREGATE LIABILITY FOR ANY AND ALL DIRECT DAMAGES AND LOSSES THAT ARISE UNDER OR IN CONNECTION WITH THIS AGREEMENT SHALL NOT IN ANY CIRCUMSTANCE EXCEED THE AMOUNT OF 100.00 (ONE HUNDRED) UNITED STATES DOLLARS. THE FOREGOING LIMITATIONS AND EXCLUSIONS IN THIS SECTION ‎7 SHALL APPLY: (I) EVEN IF APPLITOOLS HAS BEEN ADVISED OF THE POSSIBILITY OF ANY DAMAGES OR LOSSES; (II) EVEN IF ANY REMEDY SET FORTH HEREIN FAILS OF ITS ESSENTIAL PURPOSE; AND (III) REGARDLESS OF THE BASIS OR THEORY OF LIABILITY.\n1. Export Laws. Licensee agrees to comply fully with all U.S., EU, Israeli, and all applicable export laws and regulations to ensure that neither the Software nor any technical data related thereto are exported or re-exported directly or indirectly in violation of, or used for any purposes prohibited by, such laws and regulations. For clarity, and without derogating from Section ‎11 below, in case of any change of any applicable law, policy or regulation, which might affect Applitools’ business, Applitools will have the right to terminate this Agreement and the license granted hereunder and the Licensee shall have no claims regarding such termination. \n1. Term and Termination. This Agreement shall continue until terminated as set forth in this section (the “Term”). You may terminate this Agreement at any time by removing the Software from Your system and destroying all copies of the Software and Documentation relating to the Software. Unauthorized copying of the Software or otherwise failing to comply with this Agreement will result in automatic immediate termination of this Agreement and will make available to Applitools legal remedies. Applitools reserves the right to terminate this Agreement and the License at any time and without notice. Upon termination of this Agreement, the License will terminate and You: (i) will cease any and all rights to use the Software, and (ii) will remove the Software from all hard drives, networks and other storage media and destroy all copies of the Software in your possession or under your control. 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This Agreement are governed by and construed under the laws of the State of Israel, excluding its conflicts of law rules. You expressly agree that the exclusive jurisdiction for any claim or action arising out of or relating to this Agreement shall be the courts located in Tel Aviv, Israel, and You further agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action. 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BY INSTALLING, ACCESSING AND/OR USING THE SOFTWARE (AS DEFINED BELOW), YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOU, OR THE COMPANY YOU REPRESENT, (“YOU” OR “LICENSEE”) ARE ENTERING INTO A LEGAL AGREEMENT WITH APPLITOOLS LTD. AND ITS AFFILIATES (“APPLITOOLS”), AND HAVE UNDERSTOOD AND AGREE TO COMPLY WITH, AND BE LEGALLY BOUND BY, THE TERMS AND CONDITIONS OF THIS AGREEMENT. YOU HEREBY WAIVE ANY RIGHTS OR REQUIREMENTS UNDER ANY LAWS OR REGULATIONS IN ANY JURISDICTION WHICH REQUIRE AN ORIGINAL (NON-ELECTRONIC) SIGNATURE OR DELIVERY OR RETENTION OF NON-ELECTRONIC RECORDS, TO THE EXTENT PERMITTED UNDER APPLICABLE LAW. \nTHE SOFTWARE MAY BE USED SOLELY FOR YOUR PERSONAL, NON-COMMERCIAL PURPOSES. FOR COMMERCIAL PURPOSES PLEASE CONTACT THE REGIONAL APPLITOOLS BUSINESS REPRESENTATIVE. \n1. Definitions. For purposes of this Agreement, the following capitalized terms shall have the following meaning:\n   1. “Documentation” means the user’s guides and technical manuals delivered by Applitools to Licensee.\n   2.  “Feedback” means suggestions, comments or feedback (whether orally or in writing) with respect to the Software.\n   3. “Intellectual Property Rights” means all intangible legal rights, titles and interests evidenced by or embodied in all: (i) inventions (regardless of patentability and whether or not reduced to practice), improvements thereto, patents, patent applications, patent disclosures, together with all reissuances, continuations, continuations in part, revisions, extensions and reexaminations thereof; (ii) trademarks, service marks, trade dress, logos, trade names, corporate names, together with translations, adaptations, derivations and combinations thereof, including goodwill associated therewith, and applications, registrations, and renewals in connection therewith; (iii) any work of authorship, regardless of copyrightable, copyrightable works, copyrights (including moral rights), and applications, registrations and renewals in connection therewith; (iv) mask works and applications, registrations and renewals in connection therewith; (v) trade secrets and Confidential Information; and (vi) other proprietary rights and any other similar rights, in each case on a worldwide basis, and copies and tangible embodiments thereof, in whatever form or medium.\n   4. “License” means the right to use the Software pursuant to Section ‎2.1 to this Agreement.\n   5.  “Software” means Applitools’ software development kit software in object or source code version, Documentation and any updates and upgrade thereto (to the extent delivered).\n1. License\n   1. Grant of License. Subject to the terms and conditions of this Agreement, Applitools grants You, during the Term, a personal, non-exclusive, non-sublicensable, non-transferable, revocable license to: (i) use the Software solely for Your own personal (non-commercial) use and (ii) use and display Applitools’ Marks solely for the purpose of publicizing or advertising that You are using the Software. \n   2. Documentation. Applitools may make available Documentation to Licensee for Licensee to use solely in connection with Licensee’s use of the Software during the term of this Agreement. Licensee may print or copy the Documentation as needed for its own purposes provided that all copyright notices are included therein. The Documentation shall be considered the Confidential Information of Applitools. \n   1. Reservation of Rights; Use Restrictions. Other than the rights explicitly granted in this Agreement, Licensee shall have no other rights, express or implied, in the Software. Without limiting the generality of the foregoing, Licensee agrees and undertakes not to: (i) allow any third party to use the Software in any manner, including but not limited to, sell, lease, sublicense or distribute the Software, or any part thereof; (ii) modify, revise, or alter the Software or reverse engineer, decompile, disassemble or otherwise reduce to human-perceivable form the Software’s source code; (iii) copy or allow copies of the Software to be made; (iv) remove, alter or obscure any proprietary notice or identification, including copyright, trademark, patent or other notices, contained in or displayed on or via the Software; (v) use the Software to violate any applicable laws, rules or regulations, or for any unlawful, harmful, irresponsible, or inappropriate purpose, or in any manner that breaches this Agreement, and/or (vi) represent that it possesses any proprietary interest in the Software.\n   1. Third Party Software. Licensee acknowledges and agrees that any third party software (“Third Party Software”) that provided with the Software is provided under the terms of the license attached/linked thereto or, if no such license is attached, such Third Party Software is provided for free and on “AS IS” basis. Applitools is not liable for any losses or damages which may occur resulting from the use of any Third Party Software. Applitools does not possess any proprietary interest in such Third Party Software. \n   1. Open Source Licenses. The Software includes certain open source code software and materials (as shall be listed in the documentation of the Software) (“Open Source Software”) that are subject to their respective open source licenses (“Open Source Licenses”). Such Open Source Licenses contain a list of conditions with respect to warranty, copyright policy and other provisions. By executing this Agreement, Licensee undertakes to strictly comply with the terms and condition of the Open Source Licenses, as may be amended from time to time. In order to comply with the Open Source Licenses, Licensee shall read the respective licenses or notices, such list of Open Source Licenses may be amended from time to time by Applitools, at its sole discretion. In the event of any inconsistencies or conflicting provisions between the provisions of the Open Source Licenses and the provisions of this Agreement, the provisions of the Open Source Licenses shall prevail. Without derogating from the generality of the foregoing, it is clarified that any Open Source Software is provided on an “AS IS” basis, without indemnity or warranty of any kind, whether express or implied. For clarity, the representations and warranties set forth in Section ‎4 hereunder shall not apply to any Open Source Software.\n1. Title & Ownership. APPLITOOLS DOES NOT SELL OR TRANSFER TITLE IN THE SOFTWARE, OR ANY PART THEREOF, TO LICENSEE. The Documentation, Software (excluding any Open Source Software and Third Party Software therein which are owned by their respective licensors) and/or any copies thereof, including without limitation any derivative works made (regardless of whether such derivative works were made and/or developed pursuant to the request and/or specifications of Licensee, and irrespective of any support and/or assistance Applitools may, will or had received from Licensee, or any third party on its behalf, with respect thereto), as well as any updates or upgrades thereto, if provided to Applitools pursuant to this Agreement, shall remain Applitools’ sole and exclusive property. All Intellectual Property Rights evidenced by or embodied in and/or attached/connected/related to the Software, or part thereof, are and shall be owned solely and exclusively by Applitools. Nothing in this Agreement shall constitute a waiver of Applitools’ Intellectual Property Rights under any law, or be in any way construed or interpreted as such. It is further agreed that to the extent Licensee provides Applitools with Feedback, Licensee acknowledges that any and all rights, including Intellectual Property Rights in such Feedback shall belong exclusively to Applitools and Licensee hereby irrevocably and unconditionally transfers and assigns to Applitools all intellectual property rights in such Feedback and waives any and all moral rights that Licensee may have in respect thereto. It is further understood that use of Feedback, if any, may be made by Applitools at its sole discretion, and that Applitools in no way shall be obliged to make use of any kind of the Feedback or part thereof. \n1. Warranty. Applitools warrants that to its knowledge it has the right to grant the license under this Agreement. Applitools’ sole liability for any breach of this warranty or any other warranty under this Agreement shall be, at Applitools’ sole discretion: (i) to replace or repair the Software or the applicable portion thereof; or (ii) to terminate this Agreement.\n2. Warranty Exclusions. The warranties set forth in Section ‎4 are contingent upon Licensee’s proper use of the Software, and shall not apply to damage caused by abuse, misuse, alteration, neglect or unauthorized repair or installation, or by the use or attempted use of Software other than that supplied and supported by Applitools. Applitools will use reasonable commercial efforts to repair or replace the Software or the applicable portion thereof, pursuant to the foregoing warranty within thirty (30) days of being so notified.\n1. Warranty Disclaimers. AS BETWEEN LICENSEE AND APPLITOOLS, EXCEPT AS SET IN SECTION ‎4, THE SOFTWARE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND INCLUDING, WITHOUT LIMITATION, REPRESENTATIONS, WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR INTENDED OR PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, THAT THE SOFTWARE WILL MEET LICENSEE’S REQUIREMENTS OR EXPECTATIONS OR WILL ACHIEVE ANY SPECIFIC RESULTS AND THOSE ARISING BY STATUTE OR FROM A COURSE OF DEALING OR USAGE OF TRADE. Applicable law may not allow the exclusion of certain warranties, so to that extent such exclusions may not apply.\n1. High Risk Activities. You acknowledge that the Software is not fault tolerant and is not designed, manufactured, or intended for use or resale as on-line control equipment in hazardous or high risk environments and activities requiring fail-safe performance (such as in the operation of nuclear facilities, aircraft navigation or communication systems, air traffic control, direct life support machines and/or devices, or weapons systems) in which the failure of the Software could lead directly to death, personal injury, or severe physical or environmental damage, and You agree not to use or allow the use of the Software or any portion thereof for, or in connection with, any such environment or activity.\n1. Indemnify. You agree that Applitools shall have no liability whatsoever for any use made of the Software by You or any third party. You hereby agree to defend, indemnify and hold harmless Applitools and its affiliates and their respective officers, directors, agents and employees from any and all claims, damages, liabilities, costs, and expenses (including attorney’s fees) arising from claims related to Your use of the Software as well as from Your failure to comply with this Agreement.\n1. Limitation of Liability. UNDER NO CIRCUMSTANCES SHALL APPLITOOLS AND/OR ITS AFFILIATES BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, OR FOR ANY LOSS OF DATA, REVENUE, BUSINESS OR REPUTATION, THAT ARISES UNDER OR IN CONNECTION WITH THIS AGREEMENT, OR THAT RESULTS FROM THE USE OF, OR THE INABILITY TO USE, THE SOFTWARE. APPLITOOLS’S TOTAL AGGREGATE LIABILITY FOR ANY AND ALL DIRECT DAMAGES AND LOSSES THAT ARISE UNDER OR IN CONNECTION WITH THIS AGREEMENT SHALL NOT IN ANY CIRCUMSTANCE EXCEED THE AMOUNT OF 100.00 (ONE HUNDRED) UNITED STATES DOLLARS. THE FOREGOING LIMITATIONS AND EXCLUSIONS IN THIS SECTION ‎7 SHALL APPLY: (I) EVEN IF APPLITOOLS HAS BEEN ADVISED OF THE POSSIBILITY OF ANY DAMAGES OR LOSSES; (II) EVEN IF ANY REMEDY SET FORTH HEREIN FAILS OF ITS ESSENTIAL PURPOSE; AND (III) REGARDLESS OF THE BASIS OR THEORY OF LIABILITY.\n1. Export Laws. Licensee agrees to comply fully with all U.S., EU, Israeli, and all applicable export laws and regulations to ensure that neither the Software nor any technical data related thereto are exported or re-exported directly or indirectly in violation of, or used for any purposes prohibited by, such laws and regulations. For clarity, and without derogating from Section ‎11 below, in case of any change of any applicable law, policy or regulation, which might affect Applitools’ business, Applitools will have the right to terminate this Agreement and the license granted hereunder and the Licensee shall have no claims regarding such termination. \n1. Term and Termination. This Agreement shall continue until terminated as set forth in this section (the “Term”). You may terminate this Agreement at any time by removing the Software from Your system and destroying all copies of the Software and Documentation relating to the Software. Unauthorized copying of the Software or otherwise failing to comply with this Agreement will result in automatic immediate termination of this Agreement and will make available to Applitools legal remedies. Applitools reserves the right to terminate this Agreement and the License at any time and without notice. Upon termination of this Agreement, the License will terminate and You: (i) will cease any and all rights to use the Software, and (ii) will remove the Software from all hard drives, networks and other storage media and destroy all copies of the Software in your possession or under your control. 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This Agreement are governed by and construed under the laws of the State of Israel, excluding its conflicts of law rules. You expressly agree that the exclusive jurisdiction for any claim or action arising out of or relating to this Agreement shall be the courts located in Tel Aviv, Israel, and You further agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action. 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BY INSTALLING, ACCESSING AND/OR USING THE SOFTWARE (AS DEFINED BELOW), YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOU, OR THE COMPANY YOU REPRESENT, (“YOU” OR “LICENSEE”) ARE ENTERING INTO A LEGAL AGREEMENT WITH APPLITOOLS LTD. AND ITS AFFILIATES (“APPLITOOLS”), AND HAVE UNDERSTOOD AND AGREE TO COMPLY WITH, AND BE LEGALLY BOUND BY, THE TERMS AND CONDITIONS OF THIS AGREEMENT. YOU HEREBY WAIVE ANY RIGHTS OR REQUIREMENTS UNDER ANY LAWS OR REGULATIONS IN ANY JURISDICTION WHICH REQUIRE AN ORIGINAL (NON-ELECTRONIC) SIGNATURE OR DELIVERY OR RETENTION OF NON-ELECTRONIC RECORDS, TO THE EXTENT PERMITTED UNDER APPLICABLE LAW. \nTHE SOFTWARE MAY BE USED SOLELY FOR YOUR PERSONAL, NON-COMMERCIAL PURPOSES. FOR COMMERCIAL PURPOSES PLEASE CONTACT THE REGIONAL APPLITOOLS BUSINESS REPRESENTATIVE. \n1. Definitions. For purposes of this Agreement, the following capitalized terms shall have the following meaning:\n   1. “Documentation” means the user’s guides and technical manuals delivered by Applitools to Licensee.\n   2.  “Feedback” means suggestions, comments or feedback (whether orally or in writing) with respect to the Software.\n   3. “Intellectual Property Rights” means all intangible legal rights, titles and interests evidenced by or embodied in all: (i) inventions (regardless of patentability and whether or not reduced to practice), improvements thereto, patents, patent applications, patent disclosures, together with all reissuances, continuations, continuations in part, revisions, extensions and reexaminations thereof; (ii) trademarks, service marks, trade dress, logos, trade names, corporate names, together with translations, adaptations, derivations and combinations thereof, including goodwill associated therewith, and applications, registrations, and renewals in connection therewith; (iii) any work of authorship, regardless of copyrightable, copyrightable works, copyrights (including moral rights), and applications, registrations and renewals in connection therewith; (iv) mask works and applications, registrations and renewals in connection therewith; (v) trade secrets and Confidential Information; and (vi) other proprietary rights and any other similar rights, in each case on a worldwide basis, and copies and tangible embodiments thereof, in whatever form or medium.\n   4. “License” means the right to use the Software pursuant to Section ‎2.1 to this Agreement.\n   5.  “Software” means Applitools’ software development kit software in object or source code version, Documentation and any updates and upgrade thereto (to the extent delivered).\n1. License\n   1. Grant of License. Subject to the terms and conditions of this Agreement, Applitools grants You, during the Term, a personal, non-exclusive, non-sublicensable, non-transferable, revocable license to: (i) use the Software solely for Your own personal (non-commercial) use and (ii) use and display Applitools’ Marks solely for the purpose of publicizing or advertising that You are using the Software. \n   2. Documentation. Applitools may make available Documentation to Licensee for Licensee to use solely in connection with Licensee’s use of the Software during the term of this Agreement. Licensee may print or copy the Documentation as needed for its own purposes provided that all copyright notices are included therein. The Documentation shall be considered the Confidential Information of Applitools. \n   1. Reservation of Rights; Use Restrictions. Other than the rights explicitly granted in this Agreement, Licensee shall have no other rights, express or implied, in the Software. Without limiting the generality of the foregoing, Licensee agrees and undertakes not to: (i) allow any third party to use the Software in any manner, including but not limited to, sell, lease, sublicense or distribute the Software, or any part thereof; (ii) modify, revise, or alter the Software or reverse engineer, decompile, disassemble or otherwise reduce to human-perceivable form the Software’s source code; (iii) copy or allow copies of the Software to be made; (iv) remove, alter or obscure any proprietary notice or identification, including copyright, trademark, patent or other notices, contained in or displayed on or via the Software; (v) use the Software to violate any applicable laws, rules or regulations, or for any unlawful, harmful, irresponsible, or inappropriate purpose, or in any manner that breaches this Agreement, and/or (vi) represent that it possesses any proprietary interest in the Software.\n   1. Third Party Software. Licensee acknowledges and agrees that any third party software (“Third Party Software”) that provided with the Software is provided under the terms of the license attached/linked thereto or, if no such license is attached, such Third Party Software is provided for free and on “AS IS” basis. Applitools is not liable for any losses or damages which may occur resulting from the use of any Third Party Software. Applitools does not possess any proprietary interest in such Third Party Software. \n   1. Open Source Licenses. The Software includes certain open source code software and materials (as shall be listed in the documentation of the Software) (“Open Source Software”) that are subject to their respective open source licenses (“Open Source Licenses”). Such Open Source Licenses contain a list of conditions with respect to warranty, copyright policy and other provisions. By executing this Agreement, Licensee undertakes to strictly comply with the terms and condition of the Open Source Licenses, as may be amended from time to time. In order to comply with the Open Source Licenses, Licensee shall read the respective licenses or notices, such list of Open Source Licenses may be amended from time to time by Applitools, at its sole discretion. In the event of any inconsistencies or conflicting provisions between the provisions of the Open Source Licenses and the provisions of this Agreement, the provisions of the Open Source Licenses shall prevail. Without derogating from the generality of the foregoing, it is clarified that any Open Source Software is provided on an “AS IS” basis, without indemnity or warranty of any kind, whether express or implied. For clarity, the representations and warranties set forth in Section ‎4 hereunder shall not apply to any Open Source Software.\n1. Title & Ownership. APPLITOOLS DOES NOT SELL OR TRANSFER TITLE IN THE SOFTWARE, OR ANY PART THEREOF, TO LICENSEE. The Documentation, Software (excluding any Open Source Software and Third Party Software therein which are owned by their respective licensors) and/or any copies thereof, including without limitation any derivative works made (regardless of whether such derivative works were made and/or developed pursuant to the request and/or specifications of Licensee, and irrespective of any support and/or assistance Applitools may, will or had received from Licensee, or any third party on its behalf, with respect thereto), as well as any updates or upgrades thereto, if provided to Applitools pursuant to this Agreement, shall remain Applitools’ sole and exclusive property. All Intellectual Property Rights evidenced by or embodied in and/or attached/connected/related to the Software, or part thereof, are and shall be owned solely and exclusively by Applitools. Nothing in this Agreement shall constitute a waiver of Applitools’ Intellectual Property Rights under any law, or be in any way construed or interpreted as such. It is further agreed that to the extent Licensee provides Applitools with Feedback, Licensee acknowledges that any and all rights, including Intellectual Property Rights in such Feedback shall belong exclusively to Applitools and Licensee hereby irrevocably and unconditionally transfers and assigns to Applitools all intellectual property rights in such Feedback and waives any and all moral rights that Licensee may have in respect thereto. It is further understood that use of Feedback, if any, may be made by Applitools at its sole discretion, and that Applitools in no way shall be obliged to make use of any kind of the Feedback or part thereof. \n1. Warranty. Applitools warrants that to its knowledge it has the right to grant the license under this Agreement. Applitools’ sole liability for any breach of this warranty or any other warranty under this Agreement shall be, at Applitools’ sole discretion: (i) to replace or repair the Software or the applicable portion thereof; or (ii) to terminate this Agreement.\n2. Warranty Exclusions. The warranties set forth in Section ‎4 are contingent upon Licensee’s proper use of the Software, and shall not apply to damage caused by abuse, misuse, alteration, neglect or unauthorized repair or installation, or by the use or attempted use of Software other than that supplied and supported by Applitools. Applitools will use reasonable commercial efforts to repair or replace the Software or the applicable portion thereof, pursuant to the foregoing warranty within thirty (30) days of being so notified.\n1. Warranty Disclaimers. AS BETWEEN LICENSEE AND APPLITOOLS, EXCEPT AS SET IN SECTION ‎4, THE SOFTWARE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND INCLUDING, WITHOUT LIMITATION, REPRESENTATIONS, WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR INTENDED OR PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, THAT THE SOFTWARE WILL MEET LICENSEE’S REQUIREMENTS OR EXPECTATIONS OR WILL ACHIEVE ANY SPECIFIC RESULTS AND THOSE ARISING BY STATUTE OR FROM A COURSE OF DEALING OR USAGE OF TRADE. Applicable law may not allow the exclusion of certain warranties, so to that extent such exclusions may not apply.\n1. High Risk Activities. You acknowledge that the Software is not fault tolerant and is not designed, manufactured, or intended for use or resale as on-line control equipment in hazardous or high risk environments and activities requiring fail-safe performance (such as in the operation of nuclear facilities, aircraft navigation or communication systems, air traffic control, direct life support machines and/or devices, or weapons systems) in which the failure of the Software could lead directly to death, personal injury, or severe physical or environmental damage, and You agree not to use or allow the use of the Software or any portion thereof for, or in connection with, any such environment or activity.\n1. Indemnify. You agree that Applitools shall have no liability whatsoever for any use made of the Software by You or any third party. You hereby agree to defend, indemnify and hold harmless Applitools and its affiliates and their respective officers, directors, agents and employees from any and all claims, damages, liabilities, costs, and expenses (including attorney’s fees) arising from claims related to Your use of the Software as well as from Your failure to comply with this Agreement.\n1. Limitation of Liability. UNDER NO CIRCUMSTANCES SHALL APPLITOOLS AND/OR ITS AFFILIATES BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, OR FOR ANY LOSS OF DATA, REVENUE, BUSINESS OR REPUTATION, THAT ARISES UNDER OR IN CONNECTION WITH THIS AGREEMENT, OR THAT RESULTS FROM THE USE OF, OR THE INABILITY TO USE, THE SOFTWARE. APPLITOOLS’S TOTAL AGGREGATE LIABILITY FOR ANY AND ALL DIRECT DAMAGES AND LOSSES THAT ARISE UNDER OR IN CONNECTION WITH THIS AGREEMENT SHALL NOT IN ANY CIRCUMSTANCE EXCEED THE AMOUNT OF 100.00 (ONE HUNDRED) UNITED STATES DOLLARS. THE FOREGOING LIMITATIONS AND EXCLUSIONS IN THIS SECTION ‎7 SHALL APPLY: (I) EVEN IF APPLITOOLS HAS BEEN ADVISED OF THE POSSIBILITY OF ANY DAMAGES OR LOSSES; (II) EVEN IF ANY REMEDY SET FORTH HEREIN FAILS OF ITS ESSENTIAL PURPOSE; AND (III) REGARDLESS OF THE BASIS OR THEORY OF LIABILITY.\n1. Export Laws. Licensee agrees to comply fully with all U.S., EU, Israeli, and all applicable export laws and regulations to ensure that neither the Software nor any technical data related thereto are exported or re-exported directly or indirectly in violation of, or used for any purposes prohibited by, such laws and regulations. For clarity, and without derogating from Section ‎11 below, in case of any change of any applicable law, policy or regulation, which might affect Applitools’ business, Applitools will have the right to terminate this Agreement and the license granted hereunder and the Licensee shall have no claims regarding such termination. \n1. Term and Termination. This Agreement shall continue until terminated as set forth in this section (the “Term”). You may terminate this Agreement at any time by removing the Software from Your system and destroying all copies of the Software and Documentation relating to the Software. Unauthorized copying of the Software or otherwise failing to comply with this Agreement will result in automatic immediate termination of this Agreement and will make available to Applitools legal remedies. Applitools reserves the right to terminate this Agreement and the License at any time and without notice. Upon termination of this Agreement, the License will terminate and You: (i) will cease any and all rights to use the Software, and (ii) will remove the Software from all hard drives, networks and other storage media and destroy all copies of the Software in your possession or under your control. 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This Agreement are governed by and construed under the laws of the State of Israel, excluding its conflicts of law rules. You expressly agree that the exclusive jurisdiction for any claim or action arising out of or relating to this Agreement shall be the courts located in Tel Aviv, Israel, and You further agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action. 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BY INSTALLING, ACCESSING AND/OR USING THE SOFTWARE (AS DEFINED BELOW), YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOU, OR THE COMPANY YOU REPRESENT, (“YOU” OR “LICENSEE”) ARE ENTERING INTO A LEGAL AGREEMENT WITH APPLITOOLS LTD. AND ITS AFFILIATES (“APPLITOOLS”), AND HAVE UNDERSTOOD AND AGREE TO COMPLY WITH, AND BE LEGALLY BOUND BY, THE TERMS AND CONDITIONS OF THIS AGREEMENT. YOU HEREBY WAIVE ANY RIGHTS OR REQUIREMENTS UNDER ANY LAWS OR REGULATIONS IN ANY JURISDICTION WHICH REQUIRE AN ORIGINAL (NON-ELECTRONIC) SIGNATURE OR DELIVERY OR RETENTION OF NON-ELECTRONIC RECORDS, TO THE EXTENT PERMITTED UNDER APPLICABLE LAW. \nTHE SOFTWARE MAY BE USED SOLELY FOR YOUR PERSONAL, NON-COMMERCIAL PURPOSES. FOR COMMERCIAL PURPOSES PLEASE CONTACT THE REGIONAL APPLITOOLS BUSINESS REPRESENTATIVE. \n1. Definitions. For purposes of this Agreement, the following capitalized terms shall have the following meaning:\n   1. “Documentation” means the user’s guides and technical manuals delivered by Applitools to Licensee.\n   2.  “Feedback” means suggestions, comments or feedback (whether orally or in writing) with respect to the Software.\n   3. “Intellectual Property Rights” means all intangible legal rights, titles and interests evidenced by or embodied in all: (i) inventions (regardless of patentability and whether or not reduced to practice), improvements thereto, patents, patent applications, patent disclosures, together with all reissuances, continuations, continuations in part, revisions, extensions and reexaminations thereof; (ii) trademarks, service marks, trade dress, logos, trade names, corporate names, together with translations, adaptations, derivations and combinations thereof, including goodwill associated therewith, and applications, registrations, and renewals in connection therewith; (iii) any work of authorship, regardless of copyrightable, copyrightable works, copyrights (including moral rights), and applications, registrations and renewals in connection therewith; (iv) mask works and applications, registrations and renewals in connection therewith; (v) trade secrets and Confidential Information; and (vi) other proprietary rights and any other similar rights, in each case on a worldwide basis, and copies and tangible embodiments thereof, in whatever form or medium.\n   4. “License” means the right to use the Software pursuant to Section ‎2.1 to this Agreement.\n   5.  “Software” means Applitools’ software development kit software in object or source code version, Documentation and any updates and upgrade thereto (to the extent delivered).\n1. License\n   1. Grant of License. Subject to the terms and conditions of this Agreement, Applitools grants You, during the Term, a personal, non-exclusive, non-sublicensable, non-transferable, revocable license to: (i) use the Software solely for Your own personal (non-commercial) use and (ii) use and display Applitools’ Marks solely for the purpose of publicizing or advertising that You are using the Software. \n   2. Documentation. Applitools may make available Documentation to Licensee for Licensee to use solely in connection with Licensee’s use of the Software during the term of this Agreement. Licensee may print or copy the Documentation as needed for its own purposes provided that all copyright notices are included therein. The Documentation shall be considered the Confidential Information of Applitools. \n   1. Reservation of Rights; Use Restrictions. Other than the rights explicitly granted in this Agreement, Licensee shall have no other rights, express or implied, in the Software. Without limiting the generality of the foregoing, Licensee agrees and undertakes not to: (i) allow any third party to use the Software in any manner, including but not limited to, sell, lease, sublicense or distribute the Software, or any part thereof; (ii) modify, revise, or alter the Software or reverse engineer, decompile, disassemble or otherwise reduce to human-perceivable form the Software’s source code; (iii) copy or allow copies of the Software to be made; (iv) remove, alter or obscure any proprietary notice or identification, including copyright, trademark, patent or other notices, contained in or displayed on or via the Software; (v) use the Software to violate any applicable laws, rules or regulations, or for any unlawful, harmful, irresponsible, or inappropriate purpose, or in any manner that breaches this Agreement, and/or (vi) represent that it possesses any proprietary interest in the Software.\n   1. Third Party Software. Licensee acknowledges and agrees that any third party software (“Third Party Software”) that provided with the Software is provided under the terms of the license attached/linked thereto or, if no such license is attached, such Third Party Software is provided for free and on “AS IS” basis. Applitools is not liable for any losses or damages which may occur resulting from the use of any Third Party Software. Applitools does not possess any proprietary interest in such Third Party Software. \n   1. Open Source Licenses. The Software includes certain open source code software and materials (as shall be listed in the documentation of the Software) (“Open Source Software”) that are subject to their respective open source licenses (“Open Source Licenses”). Such Open Source Licenses contain a list of conditions with respect to warranty, copyright policy and other provisions. By executing this Agreement, Licensee undertakes to strictly comply with the terms and condition of the Open Source Licenses, as may be amended from time to time. In order to comply with the Open Source Licenses, Licensee shall read the respective licenses or notices, such list of Open Source Licenses may be amended from time to time by Applitools, at its sole discretion. In the event of any inconsistencies or conflicting provisions between the provisions of the Open Source Licenses and the provisions of this Agreement, the provisions of the Open Source Licenses shall prevail. Without derogating from the generality of the foregoing, it is clarified that any Open Source Software is provided on an “AS IS” basis, without indemnity or warranty of any kind, whether express or implied. For clarity, the representations and warranties set forth in Section ‎4 hereunder shall not apply to any Open Source Software.\n1. Title & Ownership. APPLITOOLS DOES NOT SELL OR TRANSFER TITLE IN THE SOFTWARE, OR ANY PART THEREOF, TO LICENSEE. The Documentation, Software (excluding any Open Source Software and Third Party Software therein which are owned by their respective licensors) and/or any copies thereof, including without limitation any derivative works made (regardless of whether such derivative works were made and/or developed pursuant to the request and/or specifications of Licensee, and irrespective of any support and/or assistance Applitools may, will or had received from Licensee, or any third party on its behalf, with respect thereto), as well as any updates or upgrades thereto, if provided to Applitools pursuant to this Agreement, shall remain Applitools’ sole and exclusive property. All Intellectual Property Rights evidenced by or embodied in and/or attached/connected/related to the Software, or part thereof, are and shall be owned solely and exclusively by Applitools. Nothing in this Agreement shall constitute a waiver of Applitools’ Intellectual Property Rights under any law, or be in any way construed or interpreted as such. It is further agreed that to the extent Licensee provides Applitools with Feedback, Licensee acknowledges that any and all rights, including Intellectual Property Rights in such Feedback shall belong exclusively to Applitools and Licensee hereby irrevocably and unconditionally transfers and assigns to Applitools all intellectual property rights in such Feedback and waives any and all moral rights that Licensee may have in respect thereto. It is further understood that use of Feedback, if any, may be made by Applitools at its sole discretion, and that Applitools in no way shall be obliged to make use of any kind of the Feedback or part thereof. \n1. Warranty. Applitools warrants that to its knowledge it has the right to grant the license under this Agreement. Applitools’ sole liability for any breach of this warranty or any other warranty under this Agreement shall be, at Applitools’ sole discretion: (i) to replace or repair the Software or the applicable portion thereof; or (ii) to terminate this Agreement.\n2. Warranty Exclusions. The warranties set forth in Section ‎4 are contingent upon Licensee’s proper use of the Software, and shall not apply to damage caused by abuse, misuse, alteration, neglect or unauthorized repair or installation, or by the use or attempted use of Software other than that supplied and supported by Applitools. Applitools will use reasonable commercial efforts to repair or replace the Software or the applicable portion thereof, pursuant to the foregoing warranty within thirty (30) days of being so notified.\n1. Warranty Disclaimers. AS BETWEEN LICENSEE AND APPLITOOLS, EXCEPT AS SET IN SECTION ‎4, THE SOFTWARE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND INCLUDING, WITHOUT LIMITATION, REPRESENTATIONS, WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR INTENDED OR PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, THAT THE SOFTWARE WILL MEET LICENSEE’S REQUIREMENTS OR EXPECTATIONS OR WILL ACHIEVE ANY SPECIFIC RESULTS AND THOSE ARISING BY STATUTE OR FROM A COURSE OF DEALING OR USAGE OF TRADE. Applicable law may not allow the exclusion of certain warranties, so to that extent such exclusions may not apply.\n1. High Risk Activities. You acknowledge that the Software is not fault tolerant and is not designed, manufactured, or intended for use or resale as on-line control equipment in hazardous or high risk environments and activities requiring fail-safe performance (such as in the operation of nuclear facilities, aircraft navigation or communication systems, air traffic control, direct life support machines and/or devices, or weapons systems) in which the failure of the Software could lead directly to death, personal injury, or severe physical or environmental damage, and You agree not to use or allow the use of the Software or any portion thereof for, or in connection with, any such environment or activity.\n1. Indemnify. You agree that Applitools shall have no liability whatsoever for any use made of the Software by You or any third party. You hereby agree to defend, indemnify and hold harmless Applitools and its affiliates and their respective officers, directors, agents and employees from any and all claims, damages, liabilities, costs, and expenses (including attorney’s fees) arising from claims related to Your use of the Software as well as from Your failure to comply with this Agreement.\n1. Limitation of Liability. UNDER NO CIRCUMSTANCES SHALL APPLITOOLS AND/OR ITS AFFILIATES BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, OR FOR ANY LOSS OF DATA, REVENUE, BUSINESS OR REPUTATION, THAT ARISES UNDER OR IN CONNECTION WITH THIS AGREEMENT, OR THAT RESULTS FROM THE USE OF, OR THE INABILITY TO USE, THE SOFTWARE. APPLITOOLS’S TOTAL AGGREGATE LIABILITY FOR ANY AND ALL DIRECT DAMAGES AND LOSSES THAT ARISE UNDER OR IN CONNECTION WITH THIS AGREEMENT SHALL NOT IN ANY CIRCUMSTANCE EXCEED THE AMOUNT OF 100.00 (ONE HUNDRED) UNITED STATES DOLLARS. THE FOREGOING LIMITATIONS AND EXCLUSIONS IN THIS SECTION ‎7 SHALL APPLY: (I) EVEN IF APPLITOOLS HAS BEEN ADVISED OF THE POSSIBILITY OF ANY DAMAGES OR LOSSES; (II) EVEN IF ANY REMEDY SET FORTH HEREIN FAILS OF ITS ESSENTIAL PURPOSE; AND (III) REGARDLESS OF THE BASIS OR THEORY OF LIABILITY.\n1. Export Laws. Licensee agrees to comply fully with all U.S., EU, Israeli, and all applicable export laws and regulations to ensure that neither the Software nor any technical data related thereto are exported or re-exported directly or indirectly in violation of, or used for any purposes prohibited by, such laws and regulations. For clarity, and without derogating from Section ‎11 below, in case of any change of any applicable law, policy or regulation, which might affect Applitools’ business, Applitools will have the right to terminate this Agreement and the license granted hereunder and the Licensee shall have no claims regarding such termination. \n1. Term and Termination. This Agreement shall continue until terminated as set forth in this section (the “Term”). You may terminate this Agreement at any time by removing the Software from Your system and destroying all copies of the Software and Documentation relating to the Software. Unauthorized copying of the Software or otherwise failing to comply with this Agreement will result in automatic immediate termination of this Agreement and will make available to Applitools legal remedies. Applitools reserves the right to terminate this Agreement and the License at any time and without notice. Upon termination of this Agreement, the License will terminate and You: (i) will cease any and all rights to use the Software, and (ii) will remove the Software from all hard drives, networks and other storage media and destroy all copies of the Software in your possession or under your control. 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This Agreement are governed by and construed under the laws of the State of Israel, excluding its conflicts of law rules. You expressly agree that the exclusive jurisdiction for any claim or action arising out of or relating to this Agreement shall be the courts located in Tel Aviv, Israel, and You further agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action. 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BY INSTALLING, ACCESSING AND/OR USING THE SOFTWARE (AS DEFINED BELOW), YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOU, OR THE COMPANY YOU REPRESENT, (“YOU” OR “LICENSEE”) ARE ENTERING INTO A LEGAL AGREEMENT WITH APPLITOOLS LTD. AND ITS AFFILIATES (“APPLITOOLS”), AND HAVE UNDERSTOOD AND AGREE TO COMPLY WITH, AND BE LEGALLY BOUND BY, THE TERMS AND CONDITIONS OF THIS AGREEMENT. YOU HEREBY WAIVE ANY RIGHTS OR REQUIREMENTS UNDER ANY LAWS OR REGULATIONS IN ANY JURISDICTION WHICH REQUIRE AN ORIGINAL (NON-ELECTRONIC) SIGNATURE OR DELIVERY OR RETENTION OF NON-ELECTRONIC RECORDS, TO THE EXTENT PERMITTED UNDER APPLICABLE LAW. \nTHE SOFTWARE MAY BE USED SOLELY FOR YOUR PERSONAL, NON-COMMERCIAL PURPOSES. FOR COMMERCIAL PURPOSES PLEASE CONTACT THE REGIONAL APPLITOOLS BUSINESS REPRESENTATIVE. \n1. Definitions. For purposes of this Agreement, the following capitalized terms shall have the following meaning:\n   1. “Documentation” means the user’s guides and technical manuals delivered by Applitools to Licensee.\n   2.  “Feedback” means suggestions, comments or feedback (whether orally or in writing) with respect to the Software.\n   3. “Intellectual Property Rights” means all intangible legal rights, titles and interests evidenced by or embodied in all: (i) inventions (regardless of patentability and whether or not reduced to practice), improvements thereto, patents, patent applications, patent disclosures, together with all reissuances, continuations, continuations in part, revisions, extensions and reexaminations thereof; (ii) trademarks, service marks, trade dress, logos, trade names, corporate names, together with translations, adaptations, derivations and combinations thereof, including goodwill associated therewith, and applications, registrations, and renewals in connection therewith; (iii) any work of authorship, regardless of copyrightable, copyrightable works, copyrights (including moral rights), and applications, registrations and renewals in connection therewith; (iv) mask works and applications, registrations and renewals in connection therewith; (v) trade secrets and Confidential Information; and (vi) other proprietary rights and any other similar rights, in each case on a worldwide basis, and copies and tangible embodiments thereof, in whatever form or medium.\n   4. “License” means the right to use the Software pursuant to Section ‎2.1 to this Agreement.\n   5.  “Software” means Applitools’ software development kit software in object or source code version, Documentation and any updates and upgrade thereto (to the extent delivered).\n1. License\n   1. Grant of License. Subject to the terms and conditions of this Agreement, Applitools grants You, during the Term, a personal, non-exclusive, non-sublicensable, non-transferable, revocable license to: (i) use the Software solely for Your own personal (non-commercial) use and (ii) use and display Applitools’ Marks solely for the purpose of publicizing or advertising that You are using the Software. \n   2. Documentation. Applitools may make available Documentation to Licensee for Licensee to use solely in connection with Licensee’s use of the Software during the term of this Agreement. Licensee may print or copy the Documentation as needed for its own purposes provided that all copyright notices are included therein. The Documentation shall be considered the Confidential Information of Applitools. \n   1. Reservation of Rights; Use Restrictions. Other than the rights explicitly granted in this Agreement, Licensee shall have no other rights, express or implied, in the Software. Without limiting the generality of the foregoing, Licensee agrees and undertakes not to: (i) allow any third party to use the Software in any manner, including but not limited to, sell, lease, sublicense or distribute the Software, or any part thereof; (ii) modify, revise, or alter the Software or reverse engineer, decompile, disassemble or otherwise reduce to human-perceivable form the Software’s source code; (iii) copy or allow copies of the Software to be made; (iv) remove, alter or obscure any proprietary notice or identification, including copyright, trademark, patent or other notices, contained in or displayed on or via the Software; (v) use the Software to violate any applicable laws, rules or regulations, or for any unlawful, harmful, irresponsible, or inappropriate purpose, or in any manner that breaches this Agreement, and/or (vi) represent that it possesses any proprietary interest in the Software.\n   1. Third Party Software. Licensee acknowledges and agrees that any third party software (“Third Party Software”) that provided with the Software is provided under the terms of the license attached/linked thereto or, if no such license is attached, such Third Party Software is provided for free and on “AS IS” basis. Applitools is not liable for any losses or damages which may occur resulting from the use of any Third Party Software. Applitools does not possess any proprietary interest in such Third Party Software. \n   1. Open Source Licenses. The Software includes certain open source code software and materials (as shall be listed in the documentation of the Software) (“Open Source Software”) that are subject to their respective open source licenses (“Open Source Licenses”). Such Open Source Licenses contain a list of conditions with respect to warranty, copyright policy and other provisions. By executing this Agreement, Licensee undertakes to strictly comply with the terms and condition of the Open Source Licenses, as may be amended from time to time. In order to comply with the Open Source Licenses, Licensee shall read the respective licenses or notices, such list of Open Source Licenses may be amended from time to time by Applitools, at its sole discretion. In the event of any inconsistencies or conflicting provisions between the provisions of the Open Source Licenses and the provisions of this Agreement, the provisions of the Open Source Licenses shall prevail. Without derogating from the generality of the foregoing, it is clarified that any Open Source Software is provided on an “AS IS” basis, without indemnity or warranty of any kind, whether express or implied. For clarity, the representations and warranties set forth in Section ‎4 hereunder shall not apply to any Open Source Software.\n1. Title & Ownership. APPLITOOLS DOES NOT SELL OR TRANSFER TITLE IN THE SOFTWARE, OR ANY PART THEREOF, TO LICENSEE. The Documentation, Software (excluding any Open Source Software and Third Party Software therein which are owned by their respective licensors) and/or any copies thereof, including without limitation any derivative works made (regardless of whether such derivative works were made and/or developed pursuant to the request and/or specifications of Licensee, and irrespective of any support and/or assistance Applitools may, will or had received from Licensee, or any third party on its behalf, with respect thereto), as well as any updates or upgrades thereto, if provided to Applitools pursuant to this Agreement, shall remain Applitools’ sole and exclusive property. All Intellectual Property Rights evidenced by or embodied in and/or attached/connected/related to the Software, or part thereof, are and shall be owned solely and exclusively by Applitools. Nothing in this Agreement shall constitute a waiver of Applitools’ Intellectual Property Rights under any law, or be in any way construed or interpreted as such. It is further agreed that to the extent Licensee provides Applitools with Feedback, Licensee acknowledges that any and all rights, including Intellectual Property Rights in such Feedback shall belong exclusively to Applitools and Licensee hereby irrevocably and unconditionally transfers and assigns to Applitools all intellectual property rights in such Feedback and waives any and all moral rights that Licensee may have in respect thereto. It is further understood that use of Feedback, if any, may be made by Applitools at its sole discretion, and that Applitools in no way shall be obliged to make use of any kind of the Feedback or part thereof. \n1. Warranty. Applitools warrants that to its knowledge it has the right to grant the license under this Agreement. Applitools’ sole liability for any breach of this warranty or any other warranty under this Agreement shall be, at Applitools’ sole discretion: (i) to replace or repair the Software or the applicable portion thereof; or (ii) to terminate this Agreement.\n2. Warranty Exclusions. The warranties set forth in Section ‎4 are contingent upon Licensee’s proper use of the Software, and shall not apply to damage caused by abuse, misuse, alteration, neglect or unauthorized repair or installation, or by the use or attempted use of Software other than that supplied and supported by Applitools. Applitools will use reasonable commercial efforts to repair or replace the Software or the applicable portion thereof, pursuant to the foregoing warranty within thirty (30) days of being so notified.\n1. Warranty Disclaimers. AS BETWEEN LICENSEE AND APPLITOOLS, EXCEPT AS SET IN SECTION ‎4, THE SOFTWARE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND INCLUDING, WITHOUT LIMITATION, REPRESENTATIONS, WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR INTENDED OR PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, THAT THE SOFTWARE WILL MEET LICENSEE’S REQUIREMENTS OR EXPECTATIONS OR WILL ACHIEVE ANY SPECIFIC RESULTS AND THOSE ARISING BY STATUTE OR FROM A COURSE OF DEALING OR USAGE OF TRADE. Applicable law may not allow the exclusion of certain warranties, so to that extent such exclusions may not apply.\n1. High Risk Activities. You acknowledge that the Software is not fault tolerant and is not designed, manufactured, or intended for use or resale as on-line control equipment in hazardous or high risk environments and activities requiring fail-safe performance (such as in the operation of nuclear facilities, aircraft navigation or communication systems, air traffic control, direct life support machines and/or devices, or weapons systems) in which the failure of the Software could lead directly to death, personal injury, or severe physical or environmental damage, and You agree not to use or allow the use of the Software or any portion thereof for, or in connection with, any such environment or activity.\n1. Indemnify. You agree that Applitools shall have no liability whatsoever for any use made of the Software by You or any third party. You hereby agree to defend, indemnify and hold harmless Applitools and its affiliates and their respective officers, directors, agents and employees from any and all claims, damages, liabilities, costs, and expenses (including attorney’s fees) arising from claims related to Your use of the Software as well as from Your failure to comply with this Agreement.\n1. Limitation of Liability. UNDER NO CIRCUMSTANCES SHALL APPLITOOLS AND/OR ITS AFFILIATES BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, OR FOR ANY LOSS OF DATA, REVENUE, BUSINESS OR REPUTATION, THAT ARISES UNDER OR IN CONNECTION WITH THIS AGREEMENT, OR THAT RESULTS FROM THE USE OF, OR THE INABILITY TO USE, THE SOFTWARE. APPLITOOLS’S TOTAL AGGREGATE LIABILITY FOR ANY AND ALL DIRECT DAMAGES AND LOSSES THAT ARISE UNDER OR IN CONNECTION WITH THIS AGREEMENT SHALL NOT IN ANY CIRCUMSTANCE EXCEED THE AMOUNT OF 100.00 (ONE HUNDRED) UNITED STATES DOLLARS. THE FOREGOING LIMITATIONS AND EXCLUSIONS IN THIS SECTION ‎7 SHALL APPLY: (I) EVEN IF APPLITOOLS HAS BEEN ADVISED OF THE POSSIBILITY OF ANY DAMAGES OR LOSSES; (II) EVEN IF ANY REMEDY SET FORTH HEREIN FAILS OF ITS ESSENTIAL PURPOSE; AND (III) REGARDLESS OF THE BASIS OR THEORY OF LIABILITY.\n1. Export Laws. Licensee agrees to comply fully with all U.S., EU, Israeli, and all applicable export laws and regulations to ensure that neither the Software nor any technical data related thereto are exported or re-exported directly or indirectly in violation of, or used for any purposes prohibited by, such laws and regulations. For clarity, and without derogating from Section ‎11 below, in case of any change of any applicable law, policy or regulation, which might affect Applitools’ business, Applitools will have the right to terminate this Agreement and the license granted hereunder and the Licensee shall have no claims regarding such termination. \n1. Term and Termination. This Agreement shall continue until terminated as set forth in this section (the “Term”). You may terminate this Agreement at any time by removing the Software from Your system and destroying all copies of the Software and Documentation relating to the Software. Unauthorized copying of the Software or otherwise failing to comply with this Agreement will result in automatic immediate termination of this Agreement and will make available to Applitools legal remedies. Applitools reserves the right to terminate this Agreement and the License at any time and without notice. Upon termination of this Agreement, the License will terminate and You: (i) will cease any and all rights to use the Software, and (ii) will remove the Software from all hard drives, networks and other storage media and destroy all copies of the Software in your possession or under your control. 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This Agreement are governed by and construed under the laws of the State of Israel, excluding its conflicts of law rules. You expressly agree that the exclusive jurisdiction for any claim or action arising out of or relating to this Agreement shall be the courts located in Tel Aviv, Israel, and You further agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action. 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BY INSTALLING, ACCESSING AND/OR USING THE SOFTWARE (AS DEFINED BELOW), YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOU, OR THE COMPANY YOU REPRESENT, (“YOU” OR “LICENSEE”) ARE ENTERING INTO A LEGAL AGREEMENT WITH APPLITOOLS LTD. AND ITS AFFILIATES (“APPLITOOLS”), AND HAVE UNDERSTOOD AND AGREE TO COMPLY WITH, AND BE LEGALLY BOUND BY, THE TERMS AND CONDITIONS OF THIS AGREEMENT. YOU HEREBY WAIVE ANY RIGHTS OR REQUIREMENTS UNDER ANY LAWS OR REGULATIONS IN ANY JURISDICTION WHICH REQUIRE AN ORIGINAL (NON-ELECTRONIC) SIGNATURE OR DELIVERY OR RETENTION OF NON-ELECTRONIC RECORDS, TO THE EXTENT PERMITTED UNDER APPLICABLE LAW. \nTHE SOFTWARE MAY BE USED SOLELY FOR YOUR PERSONAL, NON-COMMERCIAL PURPOSES. FOR COMMERCIAL PURPOSES PLEASE CONTACT THE REGIONAL APPLITOOLS BUSINESS REPRESENTATIVE. \n1. Definitions. For purposes of this Agreement, the following capitalized terms shall have the following meaning:\n   1. “Documentation” means the user’s guides and technical manuals delivered by Applitools to Licensee.\n   2.  “Feedback” means suggestions, comments or feedback (whether orally or in writing) with respect to the Software.\n   3. “Intellectual Property Rights” means all intangible legal rights, titles and interests evidenced by or embodied in all: (i) inventions (regardless of patentability and whether or not reduced to practice), improvements thereto, patents, patent applications, patent disclosures, together with all reissuances, continuations, continuations in part, revisions, extensions and reexaminations thereof; (ii) trademarks, service marks, trade dress, logos, trade names, corporate names, together with translations, adaptations, derivations and combinations thereof, including goodwill associated therewith, and applications, registrations, and renewals in connection therewith; (iii) any work of authorship, regardless of copyrightable, copyrightable works, copyrights (including moral rights), and applications, registrations and renewals in connection therewith; (iv) mask works and applications, registrations and renewals in connection therewith; (v) trade secrets and Confidential Information; and (vi) other proprietary rights and any other similar rights, in each case on a worldwide basis, and copies and tangible embodiments thereof, in whatever form or medium.\n   4. “License” means the right to use the Software pursuant to Section ‎2.1 to this Agreement.\n   5.  “Software” means Applitools’ software development kit software in object or source code version, Documentation and any updates and upgrade thereto (to the extent delivered).\n1. License\n   1. Grant of License. Subject to the terms and conditions of this Agreement, Applitools grants You, during the Term, a personal, non-exclusive, non-sublicensable, non-transferable, revocable license to: (i) use the Software solely for Your own personal (non-commercial) use and (ii) use and display Applitools’ Marks solely for the purpose of publicizing or advertising that You are using the Software. \n   2. Documentation. Applitools may make available Documentation to Licensee for Licensee to use solely in connection with Licensee’s use of the Software during the term of this Agreement. Licensee may print or copy the Documentation as needed for its own purposes provided that all copyright notices are included therein. The Documentation shall be considered the Confidential Information of Applitools. \n   1. Reservation of Rights; Use Restrictions. Other than the rights explicitly granted in this Agreement, Licensee shall have no other rights, express or implied, in the Software. Without limiting the generality of the foregoing, Licensee agrees and undertakes not to: (i) allow any third party to use the Software in any manner, including but not limited to, sell, lease, sublicense or distribute the Software, or any part thereof; (ii) modify, revise, or alter the Software or reverse engineer, decompile, disassemble or otherwise reduce to human-perceivable form the Software’s source code; (iii) copy or allow copies of the Software to be made; (iv) remove, alter or obscure any proprietary notice or identification, including copyright, trademark, patent or other notices, contained in or displayed on or via the Software; (v) use the Software to violate any applicable laws, rules or regulations, or for any unlawful, harmful, irresponsible, or inappropriate purpose, or in any manner that breaches this Agreement, and/or (vi) represent that it possesses any proprietary interest in the Software.\n   1. Third Party Software. Licensee acknowledges and agrees that any third party software (“Third Party Software”) that provided with the Software is provided under the terms of the license attached/linked thereto or, if no such license is attached, such Third Party Software is provided for free and on “AS IS” basis. Applitools is not liable for any losses or damages which may occur resulting from the use of any Third Party Software. Applitools does not possess any proprietary interest in such Third Party Software. \n   1. Open Source Licenses. The Software includes certain open source code software and materials (as shall be listed in the documentation of the Software) (“Open Source Software”) that are subject to their respective open source licenses (“Open Source Licenses”). Such Open Source Licenses contain a list of conditions with respect to warranty, copyright policy and other provisions. By executing this Agreement, Licensee undertakes to strictly comply with the terms and condition of the Open Source Licenses, as may be amended from time to time. In order to comply with the Open Source Licenses, Licensee shall read the respective licenses or notices, such list of Open Source Licenses may be amended from time to time by Applitools, at its sole discretion. In the event of any inconsistencies or conflicting provisions between the provisions of the Open Source Licenses and the provisions of this Agreement, the provisions of the Open Source Licenses shall prevail. Without derogating from the generality of the foregoing, it is clarified that any Open Source Software is provided on an “AS IS” basis, without indemnity or warranty of any kind, whether express or implied. For clarity, the representations and warranties set forth in Section ‎4 hereunder shall not apply to any Open Source Software.\n1. Title & Ownership. APPLITOOLS DOES NOT SELL OR TRANSFER TITLE IN THE SOFTWARE, OR ANY PART THEREOF, TO LICENSEE. The Documentation, Software (excluding any Open Source Software and Third Party Software therein which are owned by their respective licensors) and/or any copies thereof, including without limitation any derivative works made (regardless of whether such derivative works were made and/or developed pursuant to the request and/or specifications of Licensee, and irrespective of any support and/or assistance Applitools may, will or had received from Licensee, or any third party on its behalf, with respect thereto), as well as any updates or upgrades thereto, if provided to Applitools pursuant to this Agreement, shall remain Applitools’ sole and exclusive property. All Intellectual Property Rights evidenced by or embodied in and/or attached/connected/related to the Software, or part thereof, are and shall be owned solely and exclusively by Applitools. Nothing in this Agreement shall constitute a waiver of Applitools’ Intellectual Property Rights under any law, or be in any way construed or interpreted as such. It is further agreed that to the extent Licensee provides Applitools with Feedback, Licensee acknowledges that any and all rights, including Intellectual Property Rights in such Feedback shall belong exclusively to Applitools and Licensee hereby irrevocably and unconditionally transfers and assigns to Applitools all intellectual property rights in such Feedback and waives any and all moral rights that Licensee may have in respect thereto. It is further understood that use of Feedback, if any, may be made by Applitools at its sole discretion, and that Applitools in no way shall be obliged to make use of any kind of the Feedback or part thereof. \n1. Warranty. Applitools warrants that to its knowledge it has the right to grant the license under this Agreement. Applitools’ sole liability for any breach of this warranty or any other warranty under this Agreement shall be, at Applitools’ sole discretion: (i) to replace or repair the Software or the applicable portion thereof; or (ii) to terminate this Agreement.\n2. Warranty Exclusions. The warranties set forth in Section ‎4 are contingent upon Licensee’s proper use of the Software, and shall not apply to damage caused by abuse, misuse, alteration, neglect or unauthorized repair or installation, or by the use or attempted use of Software other than that supplied and supported by Applitools. Applitools will use reasonable commercial efforts to repair or replace the Software or the applicable portion thereof, pursuant to the foregoing warranty within thirty (30) days of being so notified.\n1. Warranty Disclaimers. AS BETWEEN LICENSEE AND APPLITOOLS, EXCEPT AS SET IN SECTION ‎4, THE SOFTWARE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND INCLUDING, WITHOUT LIMITATION, REPRESENTATIONS, WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR INTENDED OR PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, THAT THE SOFTWARE WILL MEET LICENSEE’S REQUIREMENTS OR EXPECTATIONS OR WILL ACHIEVE ANY SPECIFIC RESULTS AND THOSE ARISING BY STATUTE OR FROM A COURSE OF DEALING OR USAGE OF TRADE. Applicable law may not allow the exclusion of certain warranties, so to that extent such exclusions may not apply.\n1. High Risk Activities. You acknowledge that the Software is not fault tolerant and is not designed, manufactured, or intended for use or resale as on-line control equipment in hazardous or high risk environments and activities requiring fail-safe performance (such as in the operation of nuclear facilities, aircraft navigation or communication systems, air traffic control, direct life support machines and/or devices, or weapons systems) in which the failure of the Software could lead directly to death, personal injury, or severe physical or environmental damage, and You agree not to use or allow the use of the Software or any portion thereof for, or in connection with, any such environment or activity.\n1. Indemnify. You agree that Applitools shall have no liability whatsoever for any use made of the Software by You or any third party. You hereby agree to defend, indemnify and hold harmless Applitools and its affiliates and their respective officers, directors, agents and employees from any and all claims, damages, liabilities, costs, and expenses (including attorney’s fees) arising from claims related to Your use of the Software as well as from Your failure to comply with this Agreement.\n1. Limitation of Liability. UNDER NO CIRCUMSTANCES SHALL APPLITOOLS AND/OR ITS AFFILIATES BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, OR FOR ANY LOSS OF DATA, REVENUE, BUSINESS OR REPUTATION, THAT ARISES UNDER OR IN CONNECTION WITH THIS AGREEMENT, OR THAT RESULTS FROM THE USE OF, OR THE INABILITY TO USE, THE SOFTWARE. APPLITOOLS’S TOTAL AGGREGATE LIABILITY FOR ANY AND ALL DIRECT DAMAGES AND LOSSES THAT ARISE UNDER OR IN CONNECTION WITH THIS AGREEMENT SHALL NOT IN ANY CIRCUMSTANCE EXCEED THE AMOUNT OF 100.00 (ONE HUNDRED) UNITED STATES DOLLARS. THE FOREGOING LIMITATIONS AND EXCLUSIONS IN THIS SECTION ‎7 SHALL APPLY: (I) EVEN IF APPLITOOLS HAS BEEN ADVISED OF THE POSSIBILITY OF ANY DAMAGES OR LOSSES; (II) EVEN IF ANY REMEDY SET FORTH HEREIN FAILS OF ITS ESSENTIAL PURPOSE; AND (III) REGARDLESS OF THE BASIS OR THEORY OF LIABILITY.\n1. Export Laws. Licensee agrees to comply fully with all U.S., EU, Israeli, and all applicable export laws and regulations to ensure that neither the Software nor any technical data related thereto are exported or re-exported directly or indirectly in violation of, or used for any purposes prohibited by, such laws and regulations. For clarity, and without derogating from Section ‎11 below, in case of any change of any applicable law, policy or regulation, which might affect Applitools’ business, Applitools will have the right to terminate this Agreement and the license granted hereunder and the Licensee shall have no claims regarding such termination. \n1. Term and Termination. This Agreement shall continue until terminated as set forth in this section (the “Term”). You may terminate this Agreement at any time by removing the Software from Your system and destroying all copies of the Software and Documentation relating to the Software. Unauthorized copying of the Software or otherwise failing to comply with this Agreement will result in automatic immediate termination of this Agreement and will make available to Applitools legal remedies. Applitools reserves the right to terminate this Agreement and the License at any time and without notice. Upon termination of this Agreement, the License will terminate and You: (i) will cease any and all rights to use the Software, and (ii) will remove the Software from all hard drives, networks and other storage media and destroy all copies of the Software in your possession or under your control. The provisions of Sections ‎2.3, ‎2.4, ‎2.5, ‎6, ‎7, ‎8, ‎9, 10, ‎11 and ‎12 shall survive the termination, expiration or other ending of this Agreement.\n1. Miscellaneous. This Agreement represents the complete agreement concerning the Software between You and Applitools and supersedes all prior agreements and representations between You and Applitools. If any provision of this Agreement is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable. Any waiver of any provision of this Agreement will be effective only if in writing and signed by Applitools. This Agreement is personal to You and may not be assigned or transferred for any reason whatsoever without the consent of Applitools and any action or conduct in violation of the foregoing shall be void and without effect. Applitools expressly reserves the right to assign this Agreement and to delegate any of its obligations hereunder. This Agreement are governed by and construed under the laws of the State of Israel, excluding its conflicts of law rules. You expressly agree that the exclusive jurisdiction for any claim or action arising out of or relating to this Agreement shall be the courts located in Tel Aviv, Israel, and You further agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action. 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BY INSTALLING, ACCESSING AND/OR USING THE SOFTWARE (AS DEFINED BELOW), YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOU, OR THE COMPANY YOU REPRESENT, (“YOU” OR “LICENSEE”) ARE ENTERING INTO A LEGAL AGREEMENT WITH APPLITOOLS LTD. AND ITS AFFILIATES (“APPLITOOLS”), AND HAVE UNDERSTOOD AND AGREE TO COMPLY WITH, AND BE LEGALLY BOUND BY, THE TERMS AND CONDITIONS OF THIS AGREEMENT. YOU HEREBY WAIVE ANY RIGHTS OR REQUIREMENTS UNDER ANY LAWS OR REGULATIONS IN ANY JURISDICTION WHICH REQUIRE AN ORIGINAL (NON-ELECTRONIC) SIGNATURE OR DELIVERY OR RETENTION OF NON-ELECTRONIC RECORDS, TO THE EXTENT PERMITTED UNDER APPLICABLE LAW. \nTHE SOFTWARE MAY BE USED SOLELY FOR YOUR PERSONAL, NON-COMMERCIAL PURPOSES. FOR COMMERCIAL PURPOSES PLEASE CONTACT THE REGIONAL APPLITOOLS BUSINESS REPRESENTATIVE. \n1. Definitions. For purposes of this Agreement, the following capitalized terms shall have the following meaning:\n   1. “Documentation” means the user’s guides and technical manuals delivered by Applitools to Licensee.\n   2.  “Feedback” means suggestions, comments or feedback (whether orally or in writing) with respect to the Software.\n   3. “Intellectual Property Rights” means all intangible legal rights, titles and interests evidenced by or embodied in all: (i) inventions (regardless of patentability and whether or not reduced to practice), improvements thereto, patents, patent applications, patent disclosures, together with all reissuances, continuations, continuations in part, revisions, extensions and reexaminations thereof; (ii) trademarks, service marks, trade dress, logos, trade names, corporate names, together with translations, adaptations, derivations and combinations thereof, including goodwill associated therewith, and applications, registrations, and renewals in connection therewith; (iii) any work of authorship, regardless of copyrightable, copyrightable works, copyrights (including moral rights), and applications, registrations and renewals in connection therewith; (iv) mask works and applications, registrations and renewals in connection therewith; (v) trade secrets and Confidential Information; and (vi) other proprietary rights and any other similar rights, in each case on a worldwide basis, and copies and tangible embodiments thereof, in whatever form or medium.\n   4. “License” means the right to use the Software pursuant to Section ‎2.1 to this Agreement.\n   5.  “Software” means Applitools’ software development kit software in object or source code version, Documentation and any updates and upgrade thereto (to the extent delivered).\n1. License\n   1. Grant of License. Subject to the terms and conditions of this Agreement, Applitools grants You, during the Term, a personal, non-exclusive, non-sublicensable, non-transferable, revocable license to: (i) use the Software solely for Your own personal (non-commercial) use and (ii) use and display Applitools’ Marks solely for the purpose of publicizing or advertising that You are using the Software. \n   2. Documentation. Applitools may make available Documentation to Licensee for Licensee to use solely in connection with Licensee’s use of the Software during the term of this Agreement. Licensee may print or copy the Documentation as needed for its own purposes provided that all copyright notices are included therein. The Documentation shall be considered the Confidential Information of Applitools. \n   1. Reservation of Rights; Use Restrictions. Other than the rights explicitly granted in this Agreement, Licensee shall have no other rights, express or implied, in the Software. Without limiting the generality of the foregoing, Licensee agrees and undertakes not to: (i) allow any third party to use the Software in any manner, including but not limited to, sell, lease, sublicense or distribute the Software, or any part thereof; (ii) modify, revise, or alter the Software or reverse engineer, decompile, disassemble or otherwise reduce to human-perceivable form the Software’s source code; (iii) copy or allow copies of the Software to be made; (iv) remove, alter or obscure any proprietary notice or identification, including copyright, trademark, patent or other notices, contained in or displayed on or via the Software; (v) use the Software to violate any applicable laws, rules or regulations, or for any unlawful, harmful, irresponsible, or inappropriate purpose, or in any manner that breaches this Agreement, and/or (vi) represent that it possesses any proprietary interest in the Software.\n   1. Third Party Software. Licensee acknowledges and agrees that any third party software (“Third Party Software”) that provided with the Software is provided under the terms of the license attached/linked thereto or, if no such license is attached, such Third Party Software is provided for free and on “AS IS” basis. Applitools is not liable for any losses or damages which may occur resulting from the use of any Third Party Software. Applitools does not possess any proprietary interest in such Third Party Software. \n   1. Open Source Licenses. The Software includes certain open source code software and materials (as shall be listed in the documentation of the Software) (“Open Source Software”) that are subject to their respective open source licenses (“Open Source Licenses”). Such Open Source Licenses contain a list of conditions with respect to warranty, copyright policy and other provisions. By executing this Agreement, Licensee undertakes to strictly comply with the terms and condition of the Open Source Licenses, as may be amended from time to time. In order to comply with the Open Source Licenses, Licensee shall read the respective licenses or notices, such list of Open Source Licenses may be amended from time to time by Applitools, at its sole discretion. In the event of any inconsistencies or conflicting provisions between the provisions of the Open Source Licenses and the provisions of this Agreement, the provisions of the Open Source Licenses shall prevail. Without derogating from the generality of the foregoing, it is clarified that any Open Source Software is provided on an “AS IS” basis, without indemnity or warranty of any kind, whether express or implied. For clarity, the representations and warranties set forth in Section ‎4 hereunder shall not apply to any Open Source Software.\n1. Title & Ownership. APPLITOOLS DOES NOT SELL OR TRANSFER TITLE IN THE SOFTWARE, OR ANY PART THEREOF, TO LICENSEE. The Documentation, Software (excluding any Open Source Software and Third Party Software therein which are owned by their respective licensors) and/or any copies thereof, including without limitation any derivative works made (regardless of whether such derivative works were made and/or developed pursuant to the request and/or specifications of Licensee, and irrespective of any support and/or assistance Applitools may, will or had received from Licensee, or any third party on its behalf, with respect thereto), as well as any updates or upgrades thereto, if provided to Applitools pursuant to this Agreement, shall remain Applitools’ sole and exclusive property. All Intellectual Property Rights evidenced by or embodied in and/or attached/connected/related to the Software, or part thereof, are and shall be owned solely and exclusively by Applitools. Nothing in this Agreement shall constitute a waiver of Applitools’ Intellectual Property Rights under any law, or be in any way construed or interpreted as such. It is further agreed that to the extent Licensee provides Applitools with Feedback, Licensee acknowledges that any and all rights, including Intellectual Property Rights in such Feedback shall belong exclusively to Applitools and Licensee hereby irrevocably and unconditionally transfers and assigns to Applitools all intellectual property rights in such Feedback and waives any and all moral rights that Licensee may have in respect thereto. It is further understood that use of Feedback, if any, may be made by Applitools at its sole discretion, and that Applitools in no way shall be obliged to make use of any kind of the Feedback or part thereof. \n1. Warranty. Applitools warrants that to its knowledge it has the right to grant the license under this Agreement. Applitools’ sole liability for any breach of this warranty or any other warranty under this Agreement shall be, at Applitools’ sole discretion: (i) to replace or repair the Software or the applicable portion thereof; or (ii) to terminate this Agreement.\n2. Warranty Exclusions. The warranties set forth in Section ‎4 are contingent upon Licensee’s proper use of the Software, and shall not apply to damage caused by abuse, misuse, alteration, neglect or unauthorized repair or installation, or by the use or attempted use of Software other than that supplied and supported by Applitools. Applitools will use reasonable commercial efforts to repair or replace the Software or the applicable portion thereof, pursuant to the foregoing warranty within thirty (30) days of being so notified.\n1. Warranty Disclaimers. AS BETWEEN LICENSEE AND APPLITOOLS, EXCEPT AS SET IN SECTION ‎4, THE SOFTWARE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND INCLUDING, WITHOUT LIMITATION, REPRESENTATIONS, WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR INTENDED OR PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, THAT THE SOFTWARE WILL MEET LICENSEE’S REQUIREMENTS OR EXPECTATIONS OR WILL ACHIEVE ANY SPECIFIC RESULTS AND THOSE ARISING BY STATUTE OR FROM A COURSE OF DEALING OR USAGE OF TRADE. Applicable law may not allow the exclusion of certain warranties, so to that extent such exclusions may not apply.\n1. High Risk Activities. You acknowledge that the Software is not fault tolerant and is not designed, manufactured, or intended for use or resale as on-line control equipment in hazardous or high risk environments and activities requiring fail-safe performance (such as in the operation of nuclear facilities, aircraft navigation or communication systems, air traffic control, direct life support machines and/or devices, or weapons systems) in which the failure of the Software could lead directly to death, personal injury, or severe physical or environmental damage, and You agree not to use or allow the use of the Software or any portion thereof for, or in connection with, any such environment or activity.\n1. Indemnify. You agree that Applitools shall have no liability whatsoever for any use made of the Software by You or any third party. You hereby agree to defend, indemnify and hold harmless Applitools and its affiliates and their respective officers, directors, agents and employees from any and all claims, damages, liabilities, costs, and expenses (including attorney’s fees) arising from claims related to Your use of the Software as well as from Your failure to comply with this Agreement.\n1. Limitation of Liability. UNDER NO CIRCUMSTANCES SHALL APPLITOOLS AND/OR ITS AFFILIATES BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, OR FOR ANY LOSS OF DATA, REVENUE, BUSINESS OR REPUTATION, THAT ARISES UNDER OR IN CONNECTION WITH THIS AGREEMENT, OR THAT RESULTS FROM THE USE OF, OR THE INABILITY TO USE, THE SOFTWARE. APPLITOOLS’S TOTAL AGGREGATE LIABILITY FOR ANY AND ALL DIRECT DAMAGES AND LOSSES THAT ARISE UNDER OR IN CONNECTION WITH THIS AGREEMENT SHALL NOT IN ANY CIRCUMSTANCE EXCEED THE AMOUNT OF 100.00 (ONE HUNDRED) UNITED STATES DOLLARS. THE FOREGOING LIMITATIONS AND EXCLUSIONS IN THIS SECTION ‎7 SHALL APPLY: (I) EVEN IF APPLITOOLS HAS BEEN ADVISED OF THE POSSIBILITY OF ANY DAMAGES OR LOSSES; (II) EVEN IF ANY REMEDY SET FORTH HEREIN FAILS OF ITS ESSENTIAL PURPOSE; AND (III) REGARDLESS OF THE BASIS OR THEORY OF LIABILITY.\n1. Export Laws. Licensee agrees to comply fully with all U.S., EU, Israeli, and all applicable export laws and regulations to ensure that neither the Software nor any technical data related thereto are exported or re-exported directly or indirectly in violation of, or used for any purposes prohibited by, such laws and regulations. For clarity, and without derogating from Section ‎11 below, in case of any change of any applicable law, policy or regulation, which might affect Applitools’ business, Applitools will have the right to terminate this Agreement and the license granted hereunder and the Licensee shall have no claims regarding such termination. \n1. Term and Termination. This Agreement shall continue until terminated as set forth in this section (the “Term”). You may terminate this Agreement at any time by removing the Software from Your system and destroying all copies of the Software and Documentation relating to the Software. Unauthorized copying of the Software or otherwise failing to comply with this Agreement will result in automatic immediate termination of this Agreement and will make available to Applitools legal remedies. Applitools reserves the right to terminate this Agreement and the License at any time and without notice. Upon termination of this Agreement, the License will terminate and You: (i) will cease any and all rights to use the Software, and (ii) will remove the Software from all hard drives, networks and other storage media and destroy all copies of the Software in your possession or under your control. 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This Agreement are governed by and construed under the laws of the State of Israel, excluding its conflicts of law rules. You expressly agree that the exclusive jurisdiction for any claim or action arising out of or relating to this Agreement shall be the courts located in Tel Aviv, Israel, and You further agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action. 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BY INSTALLING, ACCESSING AND/OR USING THE SOFTWARE (AS DEFINED BELOW), YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOU, OR THE COMPANY YOU REPRESENT, (“YOU” OR “LICENSEE”) ARE ENTERING INTO A LEGAL AGREEMENT WITH APPLITOOLS LTD. AND ITS AFFILIATES (“APPLITOOLS”), AND HAVE UNDERSTOOD AND AGREE TO COMPLY WITH, AND BE LEGALLY BOUND BY, THE TERMS AND CONDITIONS OF THIS AGREEMENT. YOU HEREBY WAIVE ANY RIGHTS OR REQUIREMENTS UNDER ANY LAWS OR REGULATIONS IN ANY JURISDICTION WHICH REQUIRE AN ORIGINAL (NON-ELECTRONIC) SIGNATURE OR DELIVERY OR RETENTION OF NON-ELECTRONIC RECORDS, TO THE EXTENT PERMITTED UNDER APPLICABLE LAW. \nTHE SOFTWARE MAY BE USED SOLELY FOR YOUR PERSONAL, NON-COMMERCIAL PURPOSES. FOR COMMERCIAL PURPOSES PLEASE CONTACT THE REGIONAL APPLITOOLS BUSINESS REPRESENTATIVE. \n1. Definitions. For purposes of this Agreement, the following capitalized terms shall have the following meaning:\n   1. “Documentation” means the user’s guides and technical manuals delivered by Applitools to Licensee.\n   2.  “Feedback” means suggestions, comments or feedback (whether orally or in writing) with respect to the Software.\n   3. “Intellectual Property Rights” means all intangible legal rights, titles and interests evidenced by or embodied in all: (i) inventions (regardless of patentability and whether or not reduced to practice), improvements thereto, patents, patent applications, patent disclosures, together with all reissuances, continuations, continuations in part, revisions, extensions and reexaminations thereof; (ii) trademarks, service marks, trade dress, logos, trade names, corporate names, together with translations, adaptations, derivations and combinations thereof, including goodwill associated therewith, and applications, registrations, and renewals in connection therewith; (iii) any work of authorship, regardless of copyrightable, copyrightable works, copyrights (including moral rights), and applications, registrations and renewals in connection therewith; (iv) mask works and applications, registrations and renewals in connection therewith; (v) trade secrets and Confidential Information; and (vi) other proprietary rights and any other similar rights, in each case on a worldwide basis, and copies and tangible embodiments thereof, in whatever form or medium.\n   4. “License” means the right to use the Software pursuant to Section ‎2.1 to this Agreement.\n   5.  “Software” means Applitools’ software development kit software in object or source code version, Documentation and any updates and upgrade thereto (to the extent delivered).\n1. License\n   1. Grant of License. Subject to the terms and conditions of this Agreement, Applitools grants You, during the Term, a personal, non-exclusive, non-sublicensable, non-transferable, revocable license to: (i) use the Software solely for Your own personal (non-commercial) use and (ii) use and display Applitools’ Marks solely for the purpose of publicizing or advertising that You are using the Software. \n   2. Documentation. Applitools may make available Documentation to Licensee for Licensee to use solely in connection with Licensee’s use of the Software during the term of this Agreement. Licensee may print or copy the Documentation as needed for its own purposes provided that all copyright notices are included therein. The Documentation shall be considered the Confidential Information of Applitools. \n   1. Reservation of Rights; Use Restrictions. Other than the rights explicitly granted in this Agreement, Licensee shall have no other rights, express or implied, in the Software. Without limiting the generality of the foregoing, Licensee agrees and undertakes not to: (i) allow any third party to use the Software in any manner, including but not limited to, sell, lease, sublicense or distribute the Software, or any part thereof; (ii) modify, revise, or alter the Software or reverse engineer, decompile, disassemble or otherwise reduce to human-perceivable form the Software’s source code; (iii) copy or allow copies of the Software to be made; (iv) remove, alter or obscure any proprietary notice or identification, including copyright, trademark, patent or other notices, contained in or displayed on or via the Software; (v) use the Software to violate any applicable laws, rules or regulations, or for any unlawful, harmful, irresponsible, or inappropriate purpose, or in any manner that breaches this Agreement, and/or (vi) represent that it possesses any proprietary interest in the Software.\n   1. Third Party Software. Licensee acknowledges and agrees that any third party software (“Third Party Software”) that provided with the Software is provided under the terms of the license attached/linked thereto or, if no such license is attached, such Third Party Software is provided for free and on “AS IS” basis. Applitools is not liable for any losses or damages which may occur resulting from the use of any Third Party Software. Applitools does not possess any proprietary interest in such Third Party Software. \n   1. Open Source Licenses. The Software includes certain open source code software and materials (as shall be listed in the documentation of the Software) (“Open Source Software”) that are subject to their respective open source licenses (“Open Source Licenses”). Such Open Source Licenses contain a list of conditions with respect to warranty, copyright policy and other provisions. By executing this Agreement, Licensee undertakes to strictly comply with the terms and condition of the Open Source Licenses, as may be amended from time to time. In order to comply with the Open Source Licenses, Licensee shall read the respective licenses or notices, such list of Open Source Licenses may be amended from time to time by Applitools, at its sole discretion. In the event of any inconsistencies or conflicting provisions between the provisions of the Open Source Licenses and the provisions of this Agreement, the provisions of the Open Source Licenses shall prevail. Without derogating from the generality of the foregoing, it is clarified that any Open Source Software is provided on an “AS IS” basis, without indemnity or warranty of any kind, whether express or implied. For clarity, the representations and warranties set forth in Section ‎4 hereunder shall not apply to any Open Source Software.\n1. Title & Ownership. APPLITOOLS DOES NOT SELL OR TRANSFER TITLE IN THE SOFTWARE, OR ANY PART THEREOF, TO LICENSEE. The Documentation, Software (excluding any Open Source Software and Third Party Software therein which are owned by their respective licensors) and/or any copies thereof, including without limitation any derivative works made (regardless of whether such derivative works were made and/or developed pursuant to the request and/or specifications of Licensee, and irrespective of any support and/or assistance Applitools may, will or had received from Licensee, or any third party on its behalf, with respect thereto), as well as any updates or upgrades thereto, if provided to Applitools pursuant to this Agreement, shall remain Applitools’ sole and exclusive property. All Intellectual Property Rights evidenced by or embodied in and/or attached/connected/related to the Software, or part thereof, are and shall be owned solely and exclusively by Applitools. Nothing in this Agreement shall constitute a waiver of Applitools’ Intellectual Property Rights under any law, or be in any way construed or interpreted as such. It is further agreed that to the extent Licensee provides Applitools with Feedback, Licensee acknowledges that any and all rights, including Intellectual Property Rights in such Feedback shall belong exclusively to Applitools and Licensee hereby irrevocably and unconditionally transfers and assigns to Applitools all intellectual property rights in such Feedback and waives any and all moral rights that Licensee may have in respect thereto. It is further understood that use of Feedback, if any, may be made by Applitools at its sole discretion, and that Applitools in no way shall be obliged to make use of any kind of the Feedback or part thereof. \n1. Warranty. Applitools warrants that to its knowledge it has the right to grant the license under this Agreement. Applitools’ sole liability for any breach of this warranty or any other warranty under this Agreement shall be, at Applitools’ sole discretion: (i) to replace or repair the Software or the applicable portion thereof; or (ii) to terminate this Agreement.\n2. Warranty Exclusions. The warranties set forth in Section ‎4 are contingent upon Licensee’s proper use of the Software, and shall not apply to damage caused by abuse, misuse, alteration, neglect or unauthorized repair or installation, or by the use or attempted use of Software other than that supplied and supported by Applitools. Applitools will use reasonable commercial efforts to repair or replace the Software or the applicable portion thereof, pursuant to the foregoing warranty within thirty (30) days of being so notified.\n1. Warranty Disclaimers. AS BETWEEN LICENSEE AND APPLITOOLS, EXCEPT AS SET IN SECTION ‎4, THE SOFTWARE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND INCLUDING, WITHOUT LIMITATION, REPRESENTATIONS, WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR INTENDED OR PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, THAT THE SOFTWARE WILL MEET LICENSEE’S REQUIREMENTS OR EXPECTATIONS OR WILL ACHIEVE ANY SPECIFIC RESULTS AND THOSE ARISING BY STATUTE OR FROM A COURSE OF DEALING OR USAGE OF TRADE. Applicable law may not allow the exclusion of certain warranties, so to that extent such exclusions may not apply.\n1. High Risk Activities. You acknowledge that the Software is not fault tolerant and is not designed, manufactured, or intended for use or resale as on-line control equipment in hazardous or high risk environments and activities requiring fail-safe performance (such as in the operation of nuclear facilities, aircraft navigation or communication systems, air traffic control, direct life support machines and/or devices, or weapons systems) in which the failure of the Software could lead directly to death, personal injury, or severe physical or environmental damage, and You agree not to use or allow the use of the Software or any portion thereof for, or in connection with, any such environment or activity.\n1. Indemnify. You agree that Applitools shall have no liability whatsoever for any use made of the Software by You or any third party. You hereby agree to defend, indemnify and hold harmless Applitools and its affiliates and their respective officers, directors, agents and employees from any and all claims, damages, liabilities, costs, and expenses (including attorney’s fees) arising from claims related to Your use of the Software as well as from Your failure to comply with this Agreement.\n1. Limitation of Liability. UNDER NO CIRCUMSTANCES SHALL APPLITOOLS AND/OR ITS AFFILIATES BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, OR FOR ANY LOSS OF DATA, REVENUE, BUSINESS OR REPUTATION, THAT ARISES UNDER OR IN CONNECTION WITH THIS AGREEMENT, OR THAT RESULTS FROM THE USE OF, OR THE INABILITY TO USE, THE SOFTWARE. APPLITOOLS’S TOTAL AGGREGATE LIABILITY FOR ANY AND ALL DIRECT DAMAGES AND LOSSES THAT ARISE UNDER OR IN CONNECTION WITH THIS AGREEMENT SHALL NOT IN ANY CIRCUMSTANCE EXCEED THE AMOUNT OF 100.00 (ONE HUNDRED) UNITED STATES DOLLARS. THE FOREGOING LIMITATIONS AND EXCLUSIONS IN THIS SECTION ‎7 SHALL APPLY: (I) EVEN IF APPLITOOLS HAS BEEN ADVISED OF THE POSSIBILITY OF ANY DAMAGES OR LOSSES; (II) EVEN IF ANY REMEDY SET FORTH HEREIN FAILS OF ITS ESSENTIAL PURPOSE; AND (III) REGARDLESS OF THE BASIS OR THEORY OF LIABILITY.\n1. Export Laws. Licensee agrees to comply fully with all U.S., EU, Israeli, and all applicable export laws and regulations to ensure that neither the Software nor any technical data related thereto are exported or re-exported directly or indirectly in violation of, or used for any purposes prohibited by, such laws and regulations. For clarity, and without derogating from Section ‎11 below, in case of any change of any applicable law, policy or regulation, which might affect Applitools’ business, Applitools will have the right to terminate this Agreement and the license granted hereunder and the Licensee shall have no claims regarding such termination. \n1. Term and Termination. This Agreement shall continue until terminated as set forth in this section (the “Term”). You may terminate this Agreement at any time by removing the Software from Your system and destroying all copies of the Software and Documentation relating to the Software. Unauthorized copying of the Software or otherwise failing to comply with this Agreement will result in automatic immediate termination of this Agreement and will make available to Applitools legal remedies. Applitools reserves the right to terminate this Agreement and the License at any time and without notice. Upon termination of this Agreement, the License will terminate and You: (i) will cease any and all rights to use the Software, and (ii) will remove the Software from all hard drives, networks and other storage media and destroy all copies of the Software in your possession or under your control. 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This Agreement are governed by and construed under the laws of the State of Israel, excluding its conflicts of law rules. You expressly agree that the exclusive jurisdiction for any claim or action arising out of or relating to this Agreement shall be the courts located in Tel Aviv, Israel, and You further agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action. 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BY INSTALLING, ACCESSING AND/OR USING THE SOFTWARE (AS DEFINED BELOW), YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOU, OR THE COMPANY YOU REPRESENT, (“YOU” OR “LICENSEE”) ARE ENTERING INTO A LEGAL AGREEMENT WITH APPLITOOLS LTD. AND ITS AFFILIATES (“APPLITOOLS”), AND HAVE UNDERSTOOD AND AGREE TO COMPLY WITH, AND BE LEGALLY BOUND BY, THE TERMS AND CONDITIONS OF THIS AGREEMENT. YOU HEREBY WAIVE ANY RIGHTS OR REQUIREMENTS UNDER ANY LAWS OR REGULATIONS IN ANY JURISDICTION WHICH REQUIRE AN ORIGINAL (NON-ELECTRONIC) SIGNATURE OR DELIVERY OR RETENTION OF NON-ELECTRONIC RECORDS, TO THE EXTENT PERMITTED UNDER APPLICABLE LAW. \nTHE SOFTWARE MAY BE USED SOLELY FOR YOUR PERSONAL, NON-COMMERCIAL PURPOSES. FOR COMMERCIAL PURPOSES PLEASE CONTACT THE REGIONAL APPLITOOLS BUSINESS REPRESENTATIVE. \n1. Definitions. For purposes of this Agreement, the following capitalized terms shall have the following meaning:\n   1. “Documentation” means the user’s guides and technical manuals delivered by Applitools to Licensee.\n   2.  “Feedback” means suggestions, comments or feedback (whether orally or in writing) with respect to the Software.\n   3. “Intellectual Property Rights” means all intangible legal rights, titles and interests evidenced by or embodied in all: (i) inventions (regardless of patentability and whether or not reduced to practice), improvements thereto, patents, patent applications, patent disclosures, together with all reissuances, continuations, continuations in part, revisions, extensions and reexaminations thereof; (ii) trademarks, service marks, trade dress, logos, trade names, corporate names, together with translations, adaptations, derivations and combinations thereof, including goodwill associated therewith, and applications, registrations, and renewals in connection therewith; (iii) any work of authorship, regardless of copyrightable, copyrightable works, copyrights (including moral rights), and applications, registrations and renewals in connection therewith; (iv) mask works and applications, registrations and renewals in connection therewith; (v) trade secrets and Confidential Information; and (vi) other proprietary rights and any other similar rights, in each case on a worldwide basis, and copies and tangible embodiments thereof, in whatever form or medium.\n   4. “License” means the right to use the Software pursuant to Section ‎2.1 to this Agreement.\n   5.  “Software” means Applitools’ software development kit software in object or source code version, Documentation and any updates and upgrade thereto (to the extent delivered).\n1. License\n   1. Grant of License. Subject to the terms and conditions of this Agreement, Applitools grants You, during the Term, a personal, non-exclusive, non-sublicensable, non-transferable, revocable license to: (i) use the Software solely for Your own personal (non-commercial) use and (ii) use and display Applitools’ Marks solely for the purpose of publicizing or advertising that You are using the Software. \n   2. Documentation. Applitools may make available Documentation to Licensee for Licensee to use solely in connection with Licensee’s use of the Software during the term of this Agreement. Licensee may print or copy the Documentation as needed for its own purposes provided that all copyright notices are included therein. The Documentation shall be considered the Confidential Information of Applitools. \n   1. Reservation of Rights; Use Restrictions. Other than the rights explicitly granted in this Agreement, Licensee shall have no other rights, express or implied, in the Software. Without limiting the generality of the foregoing, Licensee agrees and undertakes not to: (i) allow any third party to use the Software in any manner, including but not limited to, sell, lease, sublicense or distribute the Software, or any part thereof; (ii) modify, revise, or alter the Software or reverse engineer, decompile, disassemble or otherwise reduce to human-perceivable form the Software’s source code; (iii) copy or allow copies of the Software to be made; (iv) remove, alter or obscure any proprietary notice or identification, including copyright, trademark, patent or other notices, contained in or displayed on or via the Software; (v) use the Software to violate any applicable laws, rules or regulations, or for any unlawful, harmful, irresponsible, or inappropriate purpose, or in any manner that breaches this Agreement, and/or (vi) represent that it possesses any proprietary interest in the Software.\n   1. Third Party Software. Licensee acknowledges and agrees that any third party software (“Third Party Software”) that provided with the Software is provided under the terms of the license attached/linked thereto or, if no such license is attached, such Third Party Software is provided for free and on “AS IS” basis. Applitools is not liable for any losses or damages which may occur resulting from the use of any Third Party Software. Applitools does not possess any proprietary interest in such Third Party Software. \n   1. Open Source Licenses. The Software includes certain open source code software and materials (as shall be listed in the documentation of the Software) (“Open Source Software”) that are subject to their respective open source licenses (“Open Source Licenses”). Such Open Source Licenses contain a list of conditions with respect to warranty, copyright policy and other provisions. By executing this Agreement, Licensee undertakes to strictly comply with the terms and condition of the Open Source Licenses, as may be amended from time to time. In order to comply with the Open Source Licenses, Licensee shall read the respective licenses or notices, such list of Open Source Licenses may be amended from time to time by Applitools, at its sole discretion. In the event of any inconsistencies or conflicting provisions between the provisions of the Open Source Licenses and the provisions of this Agreement, the provisions of the Open Source Licenses shall prevail. Without derogating from the generality of the foregoing, it is clarified that any Open Source Software is provided on an “AS IS” basis, without indemnity or warranty of any kind, whether express or implied. For clarity, the representations and warranties set forth in Section ‎4 hereunder shall not apply to any Open Source Software.\n1. Title & Ownership. APPLITOOLS DOES NOT SELL OR TRANSFER TITLE IN THE SOFTWARE, OR ANY PART THEREOF, TO LICENSEE. The Documentation, Software (excluding any Open Source Software and Third Party Software therein which are owned by their respective licensors) and/or any copies thereof, including without limitation any derivative works made (regardless of whether such derivative works were made and/or developed pursuant to the request and/or specifications of Licensee, and irrespective of any support and/or assistance Applitools may, will or had received from Licensee, or any third party on its behalf, with respect thereto), as well as any updates or upgrades thereto, if provided to Applitools pursuant to this Agreement, shall remain Applitools’ sole and exclusive property. All Intellectual Property Rights evidenced by or embodied in and/or attached/connected/related to the Software, or part thereof, are and shall be owned solely and exclusively by Applitools. Nothing in this Agreement shall constitute a waiver of Applitools’ Intellectual Property Rights under any law, or be in any way construed or interpreted as such. It is further agreed that to the extent Licensee provides Applitools with Feedback, Licensee acknowledges that any and all rights, including Intellectual Property Rights in such Feedback shall belong exclusively to Applitools and Licensee hereby irrevocably and unconditionally transfers and assigns to Applitools all intellectual property rights in such Feedback and waives any and all moral rights that Licensee may have in respect thereto. It is further understood that use of Feedback, if any, may be made by Applitools at its sole discretion, and that Applitools in no way shall be obliged to make use of any kind of the Feedback or part thereof. \n1. Warranty. Applitools warrants that to its knowledge it has the right to grant the license under this Agreement. Applitools’ sole liability for any breach of this warranty or any other warranty under this Agreement shall be, at Applitools’ sole discretion: (i) to replace or repair the Software or the applicable portion thereof; or (ii) to terminate this Agreement.\n2. Warranty Exclusions. The warranties set forth in Section ‎4 are contingent upon Licensee’s proper use of the Software, and shall not apply to damage caused by abuse, misuse, alteration, neglect or unauthorized repair or installation, or by the use or attempted use of Software other than that supplied and supported by Applitools. Applitools will use reasonable commercial efforts to repair or replace the Software or the applicable portion thereof, pursuant to the foregoing warranty within thirty (30) days of being so notified.\n1. Warranty Disclaimers. AS BETWEEN LICENSEE AND APPLITOOLS, EXCEPT AS SET IN SECTION ‎4, THE SOFTWARE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND INCLUDING, WITHOUT LIMITATION, REPRESENTATIONS, WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR INTENDED OR PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, THAT THE SOFTWARE WILL MEET LICENSEE’S REQUIREMENTS OR EXPECTATIONS OR WILL ACHIEVE ANY SPECIFIC RESULTS AND THOSE ARISING BY STATUTE OR FROM A COURSE OF DEALING OR USAGE OF TRADE. Applicable law may not allow the exclusion of certain warranties, so to that extent such exclusions may not apply.\n1. High Risk Activities. You acknowledge that the Software is not fault tolerant and is not designed, manufactured, or intended for use or resale as on-line control equipment in hazardous or high risk environments and activities requiring fail-safe performance (such as in the operation of nuclear facilities, aircraft navigation or communication systems, air traffic control, direct life support machines and/or devices, or weapons systems) in which the failure of the Software could lead directly to death, personal injury, or severe physical or environmental damage, and You agree not to use or allow the use of the Software or any portion thereof for, or in connection with, any such environment or activity.\n1. Indemnify. You agree that Applitools shall have no liability whatsoever for any use made of the Software by You or any third party. You hereby agree to defend, indemnify and hold harmless Applitools and its affiliates and their respective officers, directors, agents and employees from any and all claims, damages, liabilities, costs, and expenses (including attorney’s fees) arising from claims related to Your use of the Software as well as from Your failure to comply with this Agreement.\n1. Limitation of Liability. UNDER NO CIRCUMSTANCES SHALL APPLITOOLS AND/OR ITS AFFILIATES BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, OR FOR ANY LOSS OF DATA, REVENUE, BUSINESS OR REPUTATION, THAT ARISES UNDER OR IN CONNECTION WITH THIS AGREEMENT, OR THAT RESULTS FROM THE USE OF, OR THE INABILITY TO USE, THE SOFTWARE. APPLITOOLS’S TOTAL AGGREGATE LIABILITY FOR ANY AND ALL DIRECT DAMAGES AND LOSSES THAT ARISE UNDER OR IN CONNECTION WITH THIS AGREEMENT SHALL NOT IN ANY CIRCUMSTANCE EXCEED THE AMOUNT OF 100.00 (ONE HUNDRED) UNITED STATES DOLLARS. THE FOREGOING LIMITATIONS AND EXCLUSIONS IN THIS SECTION ‎7 SHALL APPLY: (I) EVEN IF APPLITOOLS HAS BEEN ADVISED OF THE POSSIBILITY OF ANY DAMAGES OR LOSSES; (II) EVEN IF ANY REMEDY SET FORTH HEREIN FAILS OF ITS ESSENTIAL PURPOSE; AND (III) REGARDLESS OF THE BASIS OR THEORY OF LIABILITY.\n1. Export Laws. Licensee agrees to comply fully with all U.S., EU, Israeli, and all applicable export laws and regulations to ensure that neither the Software nor any technical data related thereto are exported or re-exported directly or indirectly in violation of, or used for any purposes prohibited by, such laws and regulations. For clarity, and without derogating from Section ‎11 below, in case of any change of any applicable law, policy or regulation, which might affect Applitools’ business, Applitools will have the right to terminate this Agreement and the license granted hereunder and the Licensee shall have no claims regarding such termination. \n1. Term and Termination. This Agreement shall continue until terminated as set forth in this section (the “Term”). You may terminate this Agreement at any time by removing the Software from Your system and destroying all copies of the Software and Documentation relating to the Software. Unauthorized copying of the Software or otherwise failing to comply with this Agreement will result in automatic immediate termination of this Agreement and will make available to Applitools legal remedies. Applitools reserves the right to terminate this Agreement and the License at any time and without notice. Upon termination of this Agreement, the License will terminate and You: (i) will cease any and all rights to use the Software, and (ii) will remove the Software from all hard drives, networks and other storage media and destroy all copies of the Software in your possession or under your control. The provisions of Sections ‎2.3, ‎2.4, ‎2.5, ‎6, ‎7, ‎8, ‎9, 10, ‎11 and ‎12 shall survive the termination, expiration or other ending of this Agreement.\n1. Miscellaneous. This Agreement represents the complete agreement concerning the Software between You and Applitools and supersedes all prior agreements and representations between You and Applitools. If any provision of this Agreement is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable. Any waiver of any provision of this Agreement will be effective only if in writing and signed by Applitools. This Agreement is personal to You and may not be assigned or transferred for any reason whatsoever without the consent of Applitools and any action or conduct in violation of the foregoing shall be void and without effect. Applitools expressly reserves the right to assign this Agreement and to delegate any of its obligations hereunder. This Agreement are governed by and construed under the laws of the State of Israel, excluding its conflicts of law rules. You expressly agree that the exclusive jurisdiction for any claim or action arising out of or relating to this Agreement shall be the courts located in Tel Aviv, Israel, and You further agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action. 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BY INSTALLING, ACCESSING AND/OR USING THE SOFTWARE (AS DEFINED BELOW), YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOU, OR THE COMPANY YOU REPRESENT, (“YOU” OR “LICENSEE”) ARE ENTERING INTO A LEGAL AGREEMENT WITH APPLITOOLS LTD. AND ITS AFFILIATES (“APPLITOOLS”), AND HAVE UNDERSTOOD AND AGREE TO COMPLY WITH, AND BE LEGALLY BOUND BY, THE TERMS AND CONDITIONS OF THIS AGREEMENT. YOU HEREBY WAIVE ANY RIGHTS OR REQUIREMENTS UNDER ANY LAWS OR REGULATIONS IN ANY JURISDICTION WHICH REQUIRE AN ORIGINAL (NON-ELECTRONIC) SIGNATURE OR DELIVERY OR RETENTION OF NON-ELECTRONIC RECORDS, TO THE EXTENT PERMITTED UNDER APPLICABLE LAW. \nTHE SOFTWARE MAY BE USED SOLELY FOR YOUR PERSONAL, NON-COMMERCIAL PURPOSES. FOR COMMERCIAL PURPOSES PLEASE CONTACT THE REGIONAL APPLITOOLS BUSINESS REPRESENTATIVE. \n1. Definitions. For purposes of this Agreement, the following capitalized terms shall have the following meaning:\n   1. “Documentation” means the user’s guides and technical manuals delivered by Applitools to Licensee.\n   2.  “Feedback” means suggestions, comments or feedback (whether orally or in writing) with respect to the Software.\n   3. “Intellectual Property Rights” means all intangible legal rights, titles and interests evidenced by or embodied in all: (i) inventions (regardless of patentability and whether or not reduced to practice), improvements thereto, patents, patent applications, patent disclosures, together with all reissuances, continuations, continuations in part, revisions, extensions and reexaminations thereof; (ii) trademarks, service marks, trade dress, logos, trade names, corporate names, together with translations, adaptations, derivations and combinations thereof, including goodwill associated therewith, and applications, registrations, and renewals in connection therewith; (iii) any work of authorship, regardless of copyrightable, copyrightable works, copyrights (including moral rights), and applications, registrations and renewals in connection therewith; (iv) mask works and applications, registrations and renewals in connection therewith; (v) trade secrets and Confidential Information; and (vi) other proprietary rights and any other similar rights, in each case on a worldwide basis, and copies and tangible embodiments thereof, in whatever form or medium.\n   4. “License” means the right to use the Software pursuant to Section ‎2.1 to this Agreement.\n   5.  “Software” means Applitools’ software development kit software in object or source code version, Documentation and any updates and upgrade thereto (to the extent delivered).\n1. License\n   1. Grant of License. Subject to the terms and conditions of this Agreement, Applitools grants You, during the Term, a personal, non-exclusive, non-sublicensable, non-transferable, revocable license to: (i) use the Software solely for Your own personal (non-commercial) use and (ii) use and display Applitools’ Marks solely for the purpose of publicizing or advertising that You are using the Software. \n   2. Documentation. Applitools may make available Documentation to Licensee for Licensee to use solely in connection with Licensee’s use of the Software during the term of this Agreement. Licensee may print or copy the Documentation as needed for its own purposes provided that all copyright notices are included therein. The Documentation shall be considered the Confidential Information of Applitools. \n   1. Reservation of Rights; Use Restrictions. Other than the rights explicitly granted in this Agreement, Licensee shall have no other rights, express or implied, in the Software. Without limiting the generality of the foregoing, Licensee agrees and undertakes not to: (i) allow any third party to use the Software in any manner, including but not limited to, sell, lease, sublicense or distribute the Software, or any part thereof; (ii) modify, revise, or alter the Software or reverse engineer, decompile, disassemble or otherwise reduce to human-perceivable form the Software’s source code; (iii) copy or allow copies of the Software to be made; (iv) remove, alter or obscure any proprietary notice or identification, including copyright, trademark, patent or other notices, contained in or displayed on or via the Software; (v) use the Software to violate any applicable laws, rules or regulations, or for any unlawful, harmful, irresponsible, or inappropriate purpose, or in any manner that breaches this Agreement, and/or (vi) represent that it possesses any proprietary interest in the Software.\n   1. Third Party Software. Licensee acknowledges and agrees that any third party software (“Third Party Software”) that provided with the Software is provided under the terms of the license attached/linked thereto or, if no such license is attached, such Third Party Software is provided for free and on “AS IS” basis. Applitools is not liable for any losses or damages which may occur resulting from the use of any Third Party Software. Applitools does not possess any proprietary interest in such Third Party Software. \n   1. Open Source Licenses. The Software includes certain open source code software and materials (as shall be listed in the documentation of the Software) (“Open Source Software”) that are subject to their respective open source licenses (“Open Source Licenses”). Such Open Source Licenses contain a list of conditions with respect to warranty, copyright policy and other provisions. By executing this Agreement, Licensee undertakes to strictly comply with the terms and condition of the Open Source Licenses, as may be amended from time to time. In order to comply with the Open Source Licenses, Licensee shall read the respective licenses or notices, such list of Open Source Licenses may be amended from time to time by Applitools, at its sole discretion. In the event of any inconsistencies or conflicting provisions between the provisions of the Open Source Licenses and the provisions of this Agreement, the provisions of the Open Source Licenses shall prevail. Without derogating from the generality of the foregoing, it is clarified that any Open Source Software is provided on an “AS IS” basis, without indemnity or warranty of any kind, whether express or implied. For clarity, the representations and warranties set forth in Section ‎4 hereunder shall not apply to any Open Source Software.\n1. Title & Ownership. APPLITOOLS DOES NOT SELL OR TRANSFER TITLE IN THE SOFTWARE, OR ANY PART THEREOF, TO LICENSEE. The Documentation, Software (excluding any Open Source Software and Third Party Software therein which are owned by their respective licensors) and/or any copies thereof, including without limitation any derivative works made (regardless of whether such derivative works were made and/or developed pursuant to the request and/or specifications of Licensee, and irrespective of any support and/or assistance Applitools may, will or had received from Licensee, or any third party on its behalf, with respect thereto), as well as any updates or upgrades thereto, if provided to Applitools pursuant to this Agreement, shall remain Applitools’ sole and exclusive property. All Intellectual Property Rights evidenced by or embodied in and/or attached/connected/related to the Software, or part thereof, are and shall be owned solely and exclusively by Applitools. Nothing in this Agreement shall constitute a waiver of Applitools’ Intellectual Property Rights under any law, or be in any way construed or interpreted as such. It is further agreed that to the extent Licensee provides Applitools with Feedback, Licensee acknowledges that any and all rights, including Intellectual Property Rights in such Feedback shall belong exclusively to Applitools and Licensee hereby irrevocably and unconditionally transfers and assigns to Applitools all intellectual property rights in such Feedback and waives any and all moral rights that Licensee may have in respect thereto. It is further understood that use of Feedback, if any, may be made by Applitools at its sole discretion, and that Applitools in no way shall be obliged to make use of any kind of the Feedback or part thereof. \n1. Warranty. Applitools warrants that to its knowledge it has the right to grant the license under this Agreement. Applitools’ sole liability for any breach of this warranty or any other warranty under this Agreement shall be, at Applitools’ sole discretion: (i) to replace or repair the Software or the applicable portion thereof; or (ii) to terminate this Agreement.\n2. Warranty Exclusions. The warranties set forth in Section ‎4 are contingent upon Licensee’s proper use of the Software, and shall not apply to damage caused by abuse, misuse, alteration, neglect or unauthorized repair or installation, or by the use or attempted use of Software other than that supplied and supported by Applitools. Applitools will use reasonable commercial efforts to repair or replace the Software or the applicable portion thereof, pursuant to the foregoing warranty within thirty (30) days of being so notified.\n1. Warranty Disclaimers. AS BETWEEN LICENSEE AND APPLITOOLS, EXCEPT AS SET IN SECTION ‎4, THE SOFTWARE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND INCLUDING, WITHOUT LIMITATION, REPRESENTATIONS, WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR INTENDED OR PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, THAT THE SOFTWARE WILL MEET LICENSEE’S REQUIREMENTS OR EXPECTATIONS OR WILL ACHIEVE ANY SPECIFIC RESULTS AND THOSE ARISING BY STATUTE OR FROM A COURSE OF DEALING OR USAGE OF TRADE. Applicable law may not allow the exclusion of certain warranties, so to that extent such exclusions may not apply.\n1. High Risk Activities. You acknowledge that the Software is not fault tolerant and is not designed, manufactured, or intended for use or resale as on-line control equipment in hazardous or high risk environments and activities requiring fail-safe performance (such as in the operation of nuclear facilities, aircraft navigation or communication systems, air traffic control, direct life support machines and/or devices, or weapons systems) in which the failure of the Software could lead directly to death, personal injury, or severe physical or environmental damage, and You agree not to use or allow the use of the Software or any portion thereof for, or in connection with, any such environment or activity.\n1. Indemnify. You agree that Applitools shall have no liability whatsoever for any use made of the Software by You or any third party. You hereby agree to defend, indemnify and hold harmless Applitools and its affiliates and their respective officers, directors, agents and employees from any and all claims, damages, liabilities, costs, and expenses (including attorney’s fees) arising from claims related to Your use of the Software as well as from Your failure to comply with this Agreement.\n1. Limitation of Liability. UNDER NO CIRCUMSTANCES SHALL APPLITOOLS AND/OR ITS AFFILIATES BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, OR FOR ANY LOSS OF DATA, REVENUE, BUSINESS OR REPUTATION, THAT ARISES UNDER OR IN CONNECTION WITH THIS AGREEMENT, OR THAT RESULTS FROM THE USE OF, OR THE INABILITY TO USE, THE SOFTWARE. APPLITOOLS’S TOTAL AGGREGATE LIABILITY FOR ANY AND ALL DIRECT DAMAGES AND LOSSES THAT ARISE UNDER OR IN CONNECTION WITH THIS AGREEMENT SHALL NOT IN ANY CIRCUMSTANCE EXCEED THE AMOUNT OF 100.00 (ONE HUNDRED) UNITED STATES DOLLARS. THE FOREGOING LIMITATIONS AND EXCLUSIONS IN THIS SECTION ‎7 SHALL APPLY: (I) EVEN IF APPLITOOLS HAS BEEN ADVISED OF THE POSSIBILITY OF ANY DAMAGES OR LOSSES; (II) EVEN IF ANY REMEDY SET FORTH HEREIN FAILS OF ITS ESSENTIAL PURPOSE; AND (III) REGARDLESS OF THE BASIS OR THEORY OF LIABILITY.\n1. Export Laws. Licensee agrees to comply fully with all U.S., EU, Israeli, and all applicable export laws and regulations to ensure that neither the Software nor any technical data related thereto are exported or re-exported directly or indirectly in violation of, or used for any purposes prohibited by, such laws and regulations. For clarity, and without derogating from Section ‎11 below, in case of any change of any applicable law, policy or regulation, which might affect Applitools’ business, Applitools will have the right to terminate this Agreement and the license granted hereunder and the Licensee shall have no claims regarding such termination. \n1. Term and Termination. This Agreement shall continue until terminated as set forth in this section (the “Term”). You may terminate this Agreement at any time by removing the Software from Your system and destroying all copies of the Software and Documentation relating to the Software. Unauthorized copying of the Software or otherwise failing to comply with this Agreement will result in automatic immediate termination of this Agreement and will make available to Applitools legal remedies. Applitools reserves the right to terminate this Agreement and the License at any time and without notice. Upon termination of this Agreement, the License will terminate and You: (i) will cease any and all rights to use the Software, and (ii) will remove the Software from all hard drives, networks and other storage media and destroy all copies of the Software in your possession or under your control. 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This Agreement are governed by and construed under the laws of the State of Israel, excluding its conflicts of law rules. You expressly agree that the exclusive jurisdiction for any claim or action arising out of or relating to this Agreement shall be the courts located in Tel Aviv, Israel, and You further agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action. 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BY INSTALLING, ACCESSING AND/OR USING THE SOFTWARE (AS DEFINED BELOW), YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOU, OR THE COMPANY YOU REPRESENT, (“YOU” OR “LICENSEE”) ARE ENTERING INTO A LEGAL AGREEMENT WITH APPLITOOLS LTD. AND ITS AFFILIATES (“APPLITOOLS”), AND HAVE UNDERSTOOD AND AGREE TO COMPLY WITH, AND BE LEGALLY BOUND BY, THE TERMS AND CONDITIONS OF THIS AGREEMENT. YOU HEREBY WAIVE ANY RIGHTS OR REQUIREMENTS UNDER ANY LAWS OR REGULATIONS IN ANY JURISDICTION WHICH REQUIRE AN ORIGINAL (NON-ELECTRONIC) SIGNATURE OR DELIVERY OR RETENTION OF NON-ELECTRONIC RECORDS, TO THE EXTENT PERMITTED UNDER APPLICABLE LAW. \nTHE SOFTWARE MAY BE USED SOLELY FOR YOUR PERSONAL, NON-COMMERCIAL PURPOSES. FOR COMMERCIAL PURPOSES PLEASE CONTACT THE REGIONAL APPLITOOLS BUSINESS REPRESENTATIVE. \n1. Definitions. For purposes of this Agreement, the following capitalized terms shall have the following meaning:\n   1. “Documentation” means the user’s guides and technical manuals delivered by Applitools to Licensee.\n   2.  “Feedback” means suggestions, comments or feedback (whether orally or in writing) with respect to the Software.\n   3. “Intellectual Property Rights” means all intangible legal rights, titles and interests evidenced by or embodied in all: (i) inventions (regardless of patentability and whether or not reduced to practice), improvements thereto, patents, patent applications, patent disclosures, together with all reissuances, continuations, continuations in part, revisions, extensions and reexaminations thereof; (ii) trademarks, service marks, trade dress, logos, trade names, corporate names, together with translations, adaptations, derivations and combinations thereof, including goodwill associated therewith, and applications, registrations, and renewals in connection therewith; (iii) any work of authorship, regardless of copyrightable, copyrightable works, copyrights (including moral rights), and applications, registrations and renewals in connection therewith; (iv) mask works and applications, registrations and renewals in connection therewith; (v) trade secrets and Confidential Information; and (vi) other proprietary rights and any other similar rights, in each case on a worldwide basis, and copies and tangible embodiments thereof, in whatever form or medium.\n   4. “License” means the right to use the Software pursuant to Section ‎2.1 to this Agreement.\n   5.  “Software” means Applitools’ software development kit software in object or source code version, Documentation and any updates and upgrade thereto (to the extent delivered).\n1. License\n   1. Grant of License. Subject to the terms and conditions of this Agreement, Applitools grants You, during the Term, a personal, non-exclusive, non-sublicensable, non-transferable, revocable license to: (i) use the Software solely for Your own personal (non-commercial) use and (ii) use and display Applitools’ Marks solely for the purpose of publicizing or advertising that You are using the Software. \n   2. Documentation. Applitools may make available Documentation to Licensee for Licensee to use solely in connection with Licensee’s use of the Software during the term of this Agreement. Licensee may print or copy the Documentation as needed for its own purposes provided that all copyright notices are included therein. The Documentation shall be considered the Confidential Information of Applitools. \n   1. Reservation of Rights; Use Restrictions. Other than the rights explicitly granted in this Agreement, Licensee shall have no other rights, express or implied, in the Software. Without limiting the generality of the foregoing, Licensee agrees and undertakes not to: (i) allow any third party to use the Software in any manner, including but not limited to, sell, lease, sublicense or distribute the Software, or any part thereof; (ii) modify, revise, or alter the Software or reverse engineer, decompile, disassemble or otherwise reduce to human-perceivable form the Software’s source code; (iii) copy or allow copies of the Software to be made; (iv) remove, alter or obscure any proprietary notice or identification, including copyright, trademark, patent or other notices, contained in or displayed on or via the Software; (v) use the Software to violate any applicable laws, rules or regulations, or for any unlawful, harmful, irresponsible, or inappropriate purpose, or in any manner that breaches this Agreement, and/or (vi) represent that it possesses any proprietary interest in the Software.\n   1. Third Party Software. Licensee acknowledges and agrees that any third party software (“Third Party Software”) that provided with the Software is provided under the terms of the license attached/linked thereto or, if no such license is attached, such Third Party Software is provided for free and on “AS IS” basis. Applitools is not liable for any losses or damages which may occur resulting from the use of any Third Party Software. Applitools does not possess any proprietary interest in such Third Party Software. \n   1. Open Source Licenses. The Software includes certain open source code software and materials (as shall be listed in the documentation of the Software) (“Open Source Software”) that are subject to their respective open source licenses (“Open Source Licenses”). Such Open Source Licenses contain a list of conditions with respect to warranty, copyright policy and other provisions. By executing this Agreement, Licensee undertakes to strictly comply with the terms and condition of the Open Source Licenses, as may be amended from time to time. In order to comply with the Open Source Licenses, Licensee shall read the respective licenses or notices, such list of Open Source Licenses may be amended from time to time by Applitools, at its sole discretion. In the event of any inconsistencies or conflicting provisions between the provisions of the Open Source Licenses and the provisions of this Agreement, the provisions of the Open Source Licenses shall prevail. Without derogating from the generality of the foregoing, it is clarified that any Open Source Software is provided on an “AS IS” basis, without indemnity or warranty of any kind, whether express or implied. For clarity, the representations and warranties set forth in Section ‎4 hereunder shall not apply to any Open Source Software.\n1. Title & Ownership. APPLITOOLS DOES NOT SELL OR TRANSFER TITLE IN THE SOFTWARE, OR ANY PART THEREOF, TO LICENSEE. The Documentation, Software (excluding any Open Source Software and Third Party Software therein which are owned by their respective licensors) and/or any copies thereof, including without limitation any derivative works made (regardless of whether such derivative works were made and/or developed pursuant to the request and/or specifications of Licensee, and irrespective of any support and/or assistance Applitools may, will or had received from Licensee, or any third party on its behalf, with respect thereto), as well as any updates or upgrades thereto, if provided to Applitools pursuant to this Agreement, shall remain Applitools’ sole and exclusive property. All Intellectual Property Rights evidenced by or embodied in and/or attached/connected/related to the Software, or part thereof, are and shall be owned solely and exclusively by Applitools. Nothing in this Agreement shall constitute a waiver of Applitools’ Intellectual Property Rights under any law, or be in any way construed or interpreted as such. It is further agreed that to the extent Licensee provides Applitools with Feedback, Licensee acknowledges that any and all rights, including Intellectual Property Rights in such Feedback shall belong exclusively to Applitools and Licensee hereby irrevocably and unconditionally transfers and assigns to Applitools all intellectual property rights in such Feedback and waives any and all moral rights that Licensee may have in respect thereto. It is further understood that use of Feedback, if any, may be made by Applitools at its sole discretion, and that Applitools in no way shall be obliged to make use of any kind of the Feedback or part thereof. \n1. Warranty. Applitools warrants that to its knowledge it has the right to grant the license under this Agreement. Applitools’ sole liability for any breach of this warranty or any other warranty under this Agreement shall be, at Applitools’ sole discretion: (i) to replace or repair the Software or the applicable portion thereof; or (ii) to terminate this Agreement.\n2. Warranty Exclusions. The warranties set forth in Section ‎4 are contingent upon Licensee’s proper use of the Software, and shall not apply to damage caused by abuse, misuse, alteration, neglect or unauthorized repair or installation, or by the use or attempted use of Software other than that supplied and supported by Applitools. Applitools will use reasonable commercial efforts to repair or replace the Software or the applicable portion thereof, pursuant to the foregoing warranty within thirty (30) days of being so notified.\n1. Warranty Disclaimers. AS BETWEEN LICENSEE AND APPLITOOLS, EXCEPT AS SET IN SECTION ‎4, THE SOFTWARE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND INCLUDING, WITHOUT LIMITATION, REPRESENTATIONS, WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR INTENDED OR PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, THAT THE SOFTWARE WILL MEET LICENSEE’S REQUIREMENTS OR EXPECTATIONS OR WILL ACHIEVE ANY SPECIFIC RESULTS AND THOSE ARISING BY STATUTE OR FROM A COURSE OF DEALING OR USAGE OF TRADE. Applicable law may not allow the exclusion of certain warranties, so to that extent such exclusions may not apply.\n1. High Risk Activities. You acknowledge that the Software is not fault tolerant and is not designed, manufactured, or intended for use or resale as on-line control equipment in hazardous or high risk environments and activities requiring fail-safe performance (such as in the operation of nuclear facilities, aircraft navigation or communication systems, air traffic control, direct life support machines and/or devices, or weapons systems) in which the failure of the Software could lead directly to death, personal injury, or severe physical or environmental damage, and You agree not to use or allow the use of the Software or any portion thereof for, or in connection with, any such environment or activity.\n1. Indemnify. You agree that Applitools shall have no liability whatsoever for any use made of the Software by You or any third party. You hereby agree to defend, indemnify and hold harmless Applitools and its affiliates and their respective officers, directors, agents and employees from any and all claims, damages, liabilities, costs, and expenses (including attorney’s fees) arising from claims related to Your use of the Software as well as from Your failure to comply with this Agreement.\n1. Limitation of Liability. UNDER NO CIRCUMSTANCES SHALL APPLITOOLS AND/OR ITS AFFILIATES BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, OR FOR ANY LOSS OF DATA, REVENUE, BUSINESS OR REPUTATION, THAT ARISES UNDER OR IN CONNECTION WITH THIS AGREEMENT, OR THAT RESULTS FROM THE USE OF, OR THE INABILITY TO USE, THE SOFTWARE. APPLITOOLS’S TOTAL AGGREGATE LIABILITY FOR ANY AND ALL DIRECT DAMAGES AND LOSSES THAT ARISE UNDER OR IN CONNECTION WITH THIS AGREEMENT SHALL NOT IN ANY CIRCUMSTANCE EXCEED THE AMOUNT OF 100.00 (ONE HUNDRED) UNITED STATES DOLLARS. THE FOREGOING LIMITATIONS AND EXCLUSIONS IN THIS SECTION ‎7 SHALL APPLY: (I) EVEN IF APPLITOOLS HAS BEEN ADVISED OF THE POSSIBILITY OF ANY DAMAGES OR LOSSES; (II) EVEN IF ANY REMEDY SET FORTH HEREIN FAILS OF ITS ESSENTIAL PURPOSE; AND (III) REGARDLESS OF THE BASIS OR THEORY OF LIABILITY.\n1. Export Laws. Licensee agrees to comply fully with all U.S., EU, Israeli, and all applicable export laws and regulations to ensure that neither the Software nor any technical data related thereto are exported or re-exported directly or indirectly in violation of, or used for any purposes prohibited by, such laws and regulations. For clarity, and without derogating from Section ‎11 below, in case of any change of any applicable law, policy or regulation, which might affect Applitools’ business, Applitools will have the right to terminate this Agreement and the license granted hereunder and the Licensee shall have no claims regarding such termination. \n1. Term and Termination. This Agreement shall continue until terminated as set forth in this section (the “Term”). You may terminate this Agreement at any time by removing the Software from Your system and destroying all copies of the Software and Documentation relating to the Software. Unauthorized copying of the Software or otherwise failing to comply with this Agreement will result in automatic immediate termination of this Agreement and will make available to Applitools legal remedies. Applitools reserves the right to terminate this Agreement and the License at any time and without notice. Upon termination of this Agreement, the License will terminate and You: (i) will cease any and all rights to use the Software, and (ii) will remove the Software from all hard drives, networks and other storage media and destroy all copies of the Software in your possession or under your control. 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This Agreement are governed by and construed under the laws of the State of Israel, excluding its conflicts of law rules. You expressly agree that the exclusive jurisdiction for any claim or action arising out of or relating to this Agreement shall be the courts located in Tel Aviv, Israel, and You further agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action. 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BY INSTALLING, ACCESSING AND/OR USING THE SOFTWARE (AS DEFINED BELOW), YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOU, OR THE COMPANY YOU REPRESENT, (“YOU” OR “LICENSEE”) ARE ENTERING INTO A LEGAL AGREEMENT WITH APPLITOOLS LTD. AND ITS AFFILIATES (“APPLITOOLS”), AND HAVE UNDERSTOOD AND AGREE TO COMPLY WITH, AND BE LEGALLY BOUND BY, THE TERMS AND CONDITIONS OF THIS AGREEMENT. YOU HEREBY WAIVE ANY RIGHTS OR REQUIREMENTS UNDER ANY LAWS OR REGULATIONS IN ANY JURISDICTION WHICH REQUIRE AN ORIGINAL (NON-ELECTRONIC) SIGNATURE OR DELIVERY OR RETENTION OF NON-ELECTRONIC RECORDS, TO THE EXTENT PERMITTED UNDER APPLICABLE LAW. \nTHE SOFTWARE MAY BE USED SOLELY FOR YOUR PERSONAL, NON-COMMERCIAL PURPOSES. FOR COMMERCIAL PURPOSES PLEASE CONTACT THE REGIONAL APPLITOOLS BUSINESS REPRESENTATIVE. \n1. Definitions. For purposes of this Agreement, the following capitalized terms shall have the following meaning:\n   1. “Documentation” means the user’s guides and technical manuals delivered by Applitools to Licensee.\n   2.  “Feedback” means suggestions, comments or feedback (whether orally or in writing) with respect to the Software.\n   3. “Intellectual Property Rights” means all intangible legal rights, titles and interests evidenced by or embodied in all: (i) inventions (regardless of patentability and whether or not reduced to practice), improvements thereto, patents, patent applications, patent disclosures, together with all reissuances, continuations, continuations in part, revisions, extensions and reexaminations thereof; (ii) trademarks, service marks, trade dress, logos, trade names, corporate names, together with translations, adaptations, derivations and combinations thereof, including goodwill associated therewith, and applications, registrations, and renewals in connection therewith; (iii) any work of authorship, regardless of copyrightable, copyrightable works, copyrights (including moral rights), and applications, registrations and renewals in connection therewith; (iv) mask works and applications, registrations and renewals in connection therewith; (v) trade secrets and Confidential Information; and (vi) other proprietary rights and any other similar rights, in each case on a worldwide basis, and copies and tangible embodiments thereof, in whatever form or medium.\n   4. “License” means the right to use the Software pursuant to Section ‎2.1 to this Agreement.\n   5.  “Software” means Applitools’ software development kit software in object or source code version, Documentation and any updates and upgrade thereto (to the extent delivered).\n1. License\n   1. Grant of License. Subject to the terms and conditions of this Agreement, Applitools grants You, during the Term, a personal, non-exclusive, non-sublicensable, non-transferable, revocable license to: (i) use the Software solely for Your own personal (non-commercial) use and (ii) use and display Applitools’ Marks solely for the purpose of publicizing or advertising that You are using the Software. \n   2. Documentation. Applitools may make available Documentation to Licensee for Licensee to use solely in connection with Licensee’s use of the Software during the term of this Agreement. Licensee may print or copy the Documentation as needed for its own purposes provided that all copyright notices are included therein. The Documentation shall be considered the Confidential Information of Applitools. \n   1. Reservation of Rights; Use Restrictions. Other than the rights explicitly granted in this Agreement, Licensee shall have no other rights, express or implied, in the Software. Without limiting the generality of the foregoing, Licensee agrees and undertakes not to: (i) allow any third party to use the Software in any manner, including but not limited to, sell, lease, sublicense or distribute the Software, or any part thereof; (ii) modify, revise, or alter the Software or reverse engineer, decompile, disassemble or otherwise reduce to human-perceivable form the Software’s source code; (iii) copy or allow copies of the Software to be made; (iv) remove, alter or obscure any proprietary notice or identification, including copyright, trademark, patent or other notices, contained in or displayed on or via the Software; (v) use the Software to violate any applicable laws, rules or regulations, or for any unlawful, harmful, irresponsible, or inappropriate purpose, or in any manner that breaches this Agreement, and/or (vi) represent that it possesses any proprietary interest in the Software.\n   1. Third Party Software. Licensee acknowledges and agrees that any third party software (“Third Party Software”) that provided with the Software is provided under the terms of the license attached/linked thereto or, if no such license is attached, such Third Party Software is provided for free and on “AS IS” basis. Applitools is not liable for any losses or damages which may occur resulting from the use of any Third Party Software. Applitools does not possess any proprietary interest in such Third Party Software. \n   1. Open Source Licenses. The Software includes certain open source code software and materials (as shall be listed in the documentation of the Software) (“Open Source Software”) that are subject to their respective open source licenses (“Open Source Licenses”). Such Open Source Licenses contain a list of conditions with respect to warranty, copyright policy and other provisions. By executing this Agreement, Licensee undertakes to strictly comply with the terms and condition of the Open Source Licenses, as may be amended from time to time. In order to comply with the Open Source Licenses, Licensee shall read the respective licenses or notices, such list of Open Source Licenses may be amended from time to time by Applitools, at its sole discretion. In the event of any inconsistencies or conflicting provisions between the provisions of the Open Source Licenses and the provisions of this Agreement, the provisions of the Open Source Licenses shall prevail. Without derogating from the generality of the foregoing, it is clarified that any Open Source Software is provided on an “AS IS” basis, without indemnity or warranty of any kind, whether express or implied. For clarity, the representations and warranties set forth in Section ‎4 hereunder shall not apply to any Open Source Software.\n1. Title & Ownership. APPLITOOLS DOES NOT SELL OR TRANSFER TITLE IN THE SOFTWARE, OR ANY PART THEREOF, TO LICENSEE. The Documentation, Software (excluding any Open Source Software and Third Party Software therein which are owned by their respective licensors) and/or any copies thereof, including without limitation any derivative works made (regardless of whether such derivative works were made and/or developed pursuant to the request and/or specifications of Licensee, and irrespective of any support and/or assistance Applitools may, will or had received from Licensee, or any third party on its behalf, with respect thereto), as well as any updates or upgrades thereto, if provided to Applitools pursuant to this Agreement, shall remain Applitools’ sole and exclusive property. All Intellectual Property Rights evidenced by or embodied in and/or attached/connected/related to the Software, or part thereof, are and shall be owned solely and exclusively by Applitools. Nothing in this Agreement shall constitute a waiver of Applitools’ Intellectual Property Rights under any law, or be in any way construed or interpreted as such. It is further agreed that to the extent Licensee provides Applitools with Feedback, Licensee acknowledges that any and all rights, including Intellectual Property Rights in such Feedback shall belong exclusively to Applitools and Licensee hereby irrevocably and unconditionally transfers and assigns to Applitools all intellectual property rights in such Feedback and waives any and all moral rights that Licensee may have in respect thereto. It is further understood that use of Feedback, if any, may be made by Applitools at its sole discretion, and that Applitools in no way shall be obliged to make use of any kind of the Feedback or part thereof. \n1. Warranty. Applitools warrants that to its knowledge it has the right to grant the license under this Agreement. Applitools’ sole liability for any breach of this warranty or any other warranty under this Agreement shall be, at Applitools’ sole discretion: (i) to replace or repair the Software or the applicable portion thereof; or (ii) to terminate this Agreement.\n2. Warranty Exclusions. The warranties set forth in Section ‎4 are contingent upon Licensee’s proper use of the Software, and shall not apply to damage caused by abuse, misuse, alteration, neglect or unauthorized repair or installation, or by the use or attempted use of Software other than that supplied and supported by Applitools. Applitools will use reasonable commercial efforts to repair or replace the Software or the applicable portion thereof, pursuant to the foregoing warranty within thirty (30) days of being so notified.\n1. Warranty Disclaimers. AS BETWEEN LICENSEE AND APPLITOOLS, EXCEPT AS SET IN SECTION ‎4, THE SOFTWARE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND INCLUDING, WITHOUT LIMITATION, REPRESENTATIONS, WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR INTENDED OR PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, THAT THE SOFTWARE WILL MEET LICENSEE’S REQUIREMENTS OR EXPECTATIONS OR WILL ACHIEVE ANY SPECIFIC RESULTS AND THOSE ARISING BY STATUTE OR FROM A COURSE OF DEALING OR USAGE OF TRADE. Applicable law may not allow the exclusion of certain warranties, so to that extent such exclusions may not apply.\n1. High Risk Activities. You acknowledge that the Software is not fault tolerant and is not designed, manufactured, or intended for use or resale as on-line control equipment in hazardous or high risk environments and activities requiring fail-safe performance (such as in the operation of nuclear facilities, aircraft navigation or communication systems, air traffic control, direct life support machines and/or devices, or weapons systems) in which the failure of the Software could lead directly to death, personal injury, or severe physical or environmental damage, and You agree not to use or allow the use of the Software or any portion thereof for, or in connection with, any such environment or activity.\n1. Indemnify. You agree that Applitools shall have no liability whatsoever for any use made of the Software by You or any third party. You hereby agree to defend, indemnify and hold harmless Applitools and its affiliates and their respective officers, directors, agents and employees from any and all claims, damages, liabilities, costs, and expenses (including attorney’s fees) arising from claims related to Your use of the Software as well as from Your failure to comply with this Agreement.\n1. Limitation of Liability. UNDER NO CIRCUMSTANCES SHALL APPLITOOLS AND/OR ITS AFFILIATES BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, OR FOR ANY LOSS OF DATA, REVENUE, BUSINESS OR REPUTATION, THAT ARISES UNDER OR IN CONNECTION WITH THIS AGREEMENT, OR THAT RESULTS FROM THE USE OF, OR THE INABILITY TO USE, THE SOFTWARE. APPLITOOLS’S TOTAL AGGREGATE LIABILITY FOR ANY AND ALL DIRECT DAMAGES AND LOSSES THAT ARISE UNDER OR IN CONNECTION WITH THIS AGREEMENT SHALL NOT IN ANY CIRCUMSTANCE EXCEED THE AMOUNT OF 100.00 (ONE HUNDRED) UNITED STATES DOLLARS. THE FOREGOING LIMITATIONS AND EXCLUSIONS IN THIS SECTION ‎7 SHALL APPLY: (I) EVEN IF APPLITOOLS HAS BEEN ADVISED OF THE POSSIBILITY OF ANY DAMAGES OR LOSSES; (II) EVEN IF ANY REMEDY SET FORTH HEREIN FAILS OF ITS ESSENTIAL PURPOSE; AND (III) REGARDLESS OF THE BASIS OR THEORY OF LIABILITY.\n1. Export Laws. Licensee agrees to comply fully with all U.S., EU, Israeli, and all applicable export laws and regulations to ensure that neither the Software nor any technical data related thereto are exported or re-exported directly or indirectly in violation of, or used for any purposes prohibited by, such laws and regulations. For clarity, and without derogating from Section ‎11 below, in case of any change of any applicable law, policy or regulation, which might affect Applitools’ business, Applitools will have the right to terminate this Agreement and the license granted hereunder and the Licensee shall have no claims regarding such termination. \n1. Term and Termination. This Agreement shall continue until terminated as set forth in this section (the “Term”). You may terminate this Agreement at any time by removing the Software from Your system and destroying all copies of the Software and Documentation relating to the Software. Unauthorized copying of the Software or otherwise failing to comply with this Agreement will result in automatic immediate termination of this Agreement and will make available to Applitools legal remedies. Applitools reserves the right to terminate this Agreement and the License at any time and without notice. Upon termination of this Agreement, the License will terminate and You: (i) will cease any and all rights to use the Software, and (ii) will remove the Software from all hard drives, networks and other storage media and destroy all copies of the Software in your possession or under your control. The provisions of Sections ‎2.3, ‎2.4, ‎2.5, ‎6, ‎7, ‎8, ‎9, 10, ‎11 and ‎12 shall survive the termination, expiration or other ending of this Agreement.\n1. Miscellaneous. This Agreement represents the complete agreement concerning the Software between You and Applitools and supersedes all prior agreements and representations between You and Applitools. If any provision of this Agreement is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable. Any waiver of any provision of this Agreement will be effective only if in writing and signed by Applitools. This Agreement is personal to You and may not be assigned or transferred for any reason whatsoever without the consent of Applitools and any action or conduct in violation of the foregoing shall be void and without effect. Applitools expressly reserves the right to assign this Agreement and to delegate any of its obligations hereunder. This Agreement are governed by and construed under the laws of the State of Israel, excluding its conflicts of law rules. You expressly agree that the exclusive jurisdiction for any claim or action arising out of or relating to this Agreement shall be the courts located in Tel Aviv, Israel, and You further agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action. 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BY INSTALLING, ACCESSING AND/OR USING THE SOFTWARE (AS DEFINED BELOW), YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOU, OR THE COMPANY YOU REPRESENT, (“YOU” OR “LICENSEE”) ARE ENTERING INTO A LEGAL AGREEMENT WITH APPLITOOLS LTD. AND ITS AFFILIATES (“APPLITOOLS”), AND HAVE UNDERSTOOD AND AGREE TO COMPLY WITH, AND BE LEGALLY BOUND BY, THE TERMS AND CONDITIONS OF THIS AGREEMENT. YOU HEREBY WAIVE ANY RIGHTS OR REQUIREMENTS UNDER ANY LAWS OR REGULATIONS IN ANY JURISDICTION WHICH REQUIRE AN ORIGINAL (NON-ELECTRONIC) SIGNATURE OR DELIVERY OR RETENTION OF NON-ELECTRONIC RECORDS, TO THE EXTENT PERMITTED UNDER APPLICABLE LAW. \nTHE SOFTWARE MAY BE USED SOLELY FOR YOUR PERSONAL, NON-COMMERCIAL PURPOSES. FOR COMMERCIAL PURPOSES PLEASE CONTACT THE REGIONAL APPLITOOLS BUSINESS REPRESENTATIVE. \n1. Definitions. For purposes of this Agreement, the following capitalized terms shall have the following meaning:\n   1. “Documentation” means the user’s guides and technical manuals delivered by Applitools to Licensee.\n   2.  “Feedback” means suggestions, comments or feedback (whether orally or in writing) with respect to the Software.\n   3. “Intellectual Property Rights” means all intangible legal rights, titles and interests evidenced by or embodied in all: (i) inventions (regardless of patentability and whether or not reduced to practice), improvements thereto, patents, patent applications, patent disclosures, together with all reissuances, continuations, continuations in part, revisions, extensions and reexaminations thereof; (ii) trademarks, service marks, trade dress, logos, trade names, corporate names, together with translations, adaptations, derivations and combinations thereof, including goodwill associated therewith, and applications, registrations, and renewals in connection therewith; (iii) any work of authorship, regardless of copyrightable, copyrightable works, copyrights (including moral rights), and applications, registrations and renewals in connection therewith; (iv) mask works and applications, registrations and renewals in connection therewith; (v) trade secrets and Confidential Information; and (vi) other proprietary rights and any other similar rights, in each case on a worldwide basis, and copies and tangible embodiments thereof, in whatever form or medium.\n   4. “License” means the right to use the Software pursuant to Section ‎2.1 to this Agreement.\n   5.  “Software” means Applitools’ software development kit software in object or source code version, Documentation and any updates and upgrade thereto (to the extent delivered).\n1. License\n   1. Grant of License. Subject to the terms and conditions of this Agreement, Applitools grants You, during the Term, a personal, non-exclusive, non-sublicensable, non-transferable, revocable license to: (i) use the Software solely for Your own personal (non-commercial) use and (ii) use and display Applitools’ Marks solely for the purpose of publicizing or advertising that You are using the Software. \n   2. Documentation. Applitools may make available Documentation to Licensee for Licensee to use solely in connection with Licensee’s use of the Software during the term of this Agreement. Licensee may print or copy the Documentation as needed for its own purposes provided that all copyright notices are included therein. The Documentation shall be considered the Confidential Information of Applitools. \n   1. Reservation of Rights; Use Restrictions. Other than the rights explicitly granted in this Agreement, Licensee shall have no other rights, express or implied, in the Software. Without limiting the generality of the foregoing, Licensee agrees and undertakes not to: (i) allow any third party to use the Software in any manner, including but not limited to, sell, lease, sublicense or distribute the Software, or any part thereof; (ii) modify, revise, or alter the Software or reverse engineer, decompile, disassemble or otherwise reduce to human-perceivable form the Software’s source code; (iii) copy or allow copies of the Software to be made; (iv) remove, alter or obscure any proprietary notice or identification, including copyright, trademark, patent or other notices, contained in or displayed on or via the Software; (v) use the Software to violate any applicable laws, rules or regulations, or for any unlawful, harmful, irresponsible, or inappropriate purpose, or in any manner that breaches this Agreement, and/or (vi) represent that it possesses any proprietary interest in the Software.\n   1. Third Party Software. Licensee acknowledges and agrees that any third party software (“Third Party Software”) that provided with the Software is provided under the terms of the license attached/linked thereto or, if no such license is attached, such Third Party Software is provided for free and on “AS IS” basis. Applitools is not liable for any losses or damages which may occur resulting from the use of any Third Party Software. Applitools does not possess any proprietary interest in such Third Party Software. \n   1. Open Source Licenses. The Software includes certain open source code software and materials (as shall be listed in the documentation of the Software) (“Open Source Software”) that are subject to their respective open source licenses (“Open Source Licenses”). Such Open Source Licenses contain a list of conditions with respect to warranty, copyright policy and other provisions. By executing this Agreement, Licensee undertakes to strictly comply with the terms and condition of the Open Source Licenses, as may be amended from time to time. In order to comply with the Open Source Licenses, Licensee shall read the respective licenses or notices, such list of Open Source Licenses may be amended from time to time by Applitools, at its sole discretion. In the event of any inconsistencies or conflicting provisions between the provisions of the Open Source Licenses and the provisions of this Agreement, the provisions of the Open Source Licenses shall prevail. Without derogating from the generality of the foregoing, it is clarified that any Open Source Software is provided on an “AS IS” basis, without indemnity or warranty of any kind, whether express or implied. For clarity, the representations and warranties set forth in Section ‎4 hereunder shall not apply to any Open Source Software.\n1. Title & Ownership. APPLITOOLS DOES NOT SELL OR TRANSFER TITLE IN THE SOFTWARE, OR ANY PART THEREOF, TO LICENSEE. The Documentation, Software (excluding any Open Source Software and Third Party Software therein which are owned by their respective licensors) and/or any copies thereof, including without limitation any derivative works made (regardless of whether such derivative works were made and/or developed pursuant to the request and/or specifications of Licensee, and irrespective of any support and/or assistance Applitools may, will or had received from Licensee, or any third party on its behalf, with respect thereto), as well as any updates or upgrades thereto, if provided to Applitools pursuant to this Agreement, shall remain Applitools’ sole and exclusive property. All Intellectual Property Rights evidenced by or embodied in and/or attached/connected/related to the Software, or part thereof, are and shall be owned solely and exclusively by Applitools. Nothing in this Agreement shall constitute a waiver of Applitools’ Intellectual Property Rights under any law, or be in any way construed or interpreted as such. It is further agreed that to the extent Licensee provides Applitools with Feedback, Licensee acknowledges that any and all rights, including Intellectual Property Rights in such Feedback shall belong exclusively to Applitools and Licensee hereby irrevocably and unconditionally transfers and assigns to Applitools all intellectual property rights in such Feedback and waives any and all moral rights that Licensee may have in respect thereto. It is further understood that use of Feedback, if any, may be made by Applitools at its sole discretion, and that Applitools in no way shall be obliged to make use of any kind of the Feedback or part thereof. \n1. Warranty. Applitools warrants that to its knowledge it has the right to grant the license under this Agreement. Applitools’ sole liability for any breach of this warranty or any other warranty under this Agreement shall be, at Applitools’ sole discretion: (i) to replace or repair the Software or the applicable portion thereof; or (ii) to terminate this Agreement.\n2. Warranty Exclusions. The warranties set forth in Section ‎4 are contingent upon Licensee’s proper use of the Software, and shall not apply to damage caused by abuse, misuse, alteration, neglect or unauthorized repair or installation, or by the use or attempted use of Software other than that supplied and supported by Applitools. Applitools will use reasonable commercial efforts to repair or replace the Software or the applicable portion thereof, pursuant to the foregoing warranty within thirty (30) days of being so notified.\n1. Warranty Disclaimers. AS BETWEEN LICENSEE AND APPLITOOLS, EXCEPT AS SET IN SECTION ‎4, THE SOFTWARE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND INCLUDING, WITHOUT LIMITATION, REPRESENTATIONS, WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR INTENDED OR PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, THAT THE SOFTWARE WILL MEET LICENSEE’S REQUIREMENTS OR EXPECTATIONS OR WILL ACHIEVE ANY SPECIFIC RESULTS AND THOSE ARISING BY STATUTE OR FROM A COURSE OF DEALING OR USAGE OF TRADE. Applicable law may not allow the exclusion of certain warranties, so to that extent such exclusions may not apply.\n1. High Risk Activities. You acknowledge that the Software is not fault tolerant and is not designed, manufactured, or intended for use or resale as on-line control equipment in hazardous or high risk environments and activities requiring fail-safe performance (such as in the operation of nuclear facilities, aircraft navigation or communication systems, air traffic control, direct life support machines and/or devices, or weapons systems) in which the failure of the Software could lead directly to death, personal injury, or severe physical or environmental damage, and You agree not to use or allow the use of the Software or any portion thereof for, or in connection with, any such environment or activity.\n1. Indemnify. You agree that Applitools shall have no liability whatsoever for any use made of the Software by You or any third party. You hereby agree to defend, indemnify and hold harmless Applitools and its affiliates and their respective officers, directors, agents and employees from any and all claims, damages, liabilities, costs, and expenses (including attorney’s fees) arising from claims related to Your use of the Software as well as from Your failure to comply with this Agreement.\n1. Limitation of Liability. UNDER NO CIRCUMSTANCES SHALL APPLITOOLS AND/OR ITS AFFILIATES BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, OR FOR ANY LOSS OF DATA, REVENUE, BUSINESS OR REPUTATION, THAT ARISES UNDER OR IN CONNECTION WITH THIS AGREEMENT, OR THAT RESULTS FROM THE USE OF, OR THE INABILITY TO USE, THE SOFTWARE. APPLITOOLS’S TOTAL AGGREGATE LIABILITY FOR ANY AND ALL DIRECT DAMAGES AND LOSSES THAT ARISE UNDER OR IN CONNECTION WITH THIS AGREEMENT SHALL NOT IN ANY CIRCUMSTANCE EXCEED THE AMOUNT OF 100.00 (ONE HUNDRED) UNITED STATES DOLLARS. THE FOREGOING LIMITATIONS AND EXCLUSIONS IN THIS SECTION ‎7 SHALL APPLY: (I) EVEN IF APPLITOOLS HAS BEEN ADVISED OF THE POSSIBILITY OF ANY DAMAGES OR LOSSES; (II) EVEN IF ANY REMEDY SET FORTH HEREIN FAILS OF ITS ESSENTIAL PURPOSE; AND (III) REGARDLESS OF THE BASIS OR THEORY OF LIABILITY.\n1. Export Laws. Licensee agrees to comply fully with all U.S., EU, Israeli, and all applicable export laws and regulations to ensure that neither the Software nor any technical data related thereto are exported or re-exported directly or indirectly in violation of, or used for any purposes prohibited by, such laws and regulations. For clarity, and without derogating from Section ‎11 below, in case of any change of any applicable law, policy or regulation, which might affect Applitools’ business, Applitools will have the right to terminate this Agreement and the license granted hereunder and the Licensee shall have no claims regarding such termination. \n1. Term and Termination. This Agreement shall continue until terminated as set forth in this section (the “Term”). You may terminate this Agreement at any time by removing the Software from Your system and destroying all copies of the Software and Documentation relating to the Software. Unauthorized copying of the Software or otherwise failing to comply with this Agreement will result in automatic immediate termination of this Agreement and will make available to Applitools legal remedies. Applitools reserves the right to terminate this Agreement and the License at any time and without notice. Upon termination of this Agreement, the License will terminate and You: (i) will cease any and all rights to use the Software, and (ii) will remove the Software from all hard drives, networks and other storage media and destroy all copies of the Software in your possession or under your control. 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This Agreement are governed by and construed under the laws of the State of Israel, excluding its conflicts of law rules. You expressly agree that the exclusive jurisdiction for any claim or action arising out of or relating to this Agreement shall be the courts located in Tel Aviv, Israel, and You further agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action. 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BY INSTALLING, ACCESSING AND/OR USING THE SOFTWARE (AS DEFINED BELOW), YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOU, OR THE COMPANY YOU REPRESENT, (“YOU” OR “LICENSEE”) ARE ENTERING INTO A LEGAL AGREEMENT WITH APPLITOOLS LTD. AND ITS AFFILIATES (“APPLITOOLS”), AND HAVE UNDERSTOOD AND AGREE TO COMPLY WITH, AND BE LEGALLY BOUND BY, THE TERMS AND CONDITIONS OF THIS AGREEMENT. YOU HEREBY WAIVE ANY RIGHTS OR REQUIREMENTS UNDER ANY LAWS OR REGULATIONS IN ANY JURISDICTION WHICH REQUIRE AN ORIGINAL (NON-ELECTRONIC) SIGNATURE OR DELIVERY OR RETENTION OF NON-ELECTRONIC RECORDS, TO THE EXTENT PERMITTED UNDER APPLICABLE LAW. \nTHE SOFTWARE MAY BE USED SOLELY FOR YOUR PERSONAL, NON-COMMERCIAL PURPOSES. FOR COMMERCIAL PURPOSES PLEASE CONTACT THE REGIONAL APPLITOOLS BUSINESS REPRESENTATIVE. \n1. Definitions. For purposes of this Agreement, the following capitalized terms shall have the following meaning:\n   1. “Documentation” means the user’s guides and technical manuals delivered by Applitools to Licensee.\n   2.  “Feedback” means suggestions, comments or feedback (whether orally or in writing) with respect to the Software.\n   3. “Intellectual Property Rights” means all intangible legal rights, titles and interests evidenced by or embodied in all: (i) inventions (regardless of patentability and whether or not reduced to practice), improvements thereto, patents, patent applications, patent disclosures, together with all reissuances, continuations, continuations in part, revisions, extensions and reexaminations thereof; (ii) trademarks, service marks, trade dress, logos, trade names, corporate names, together with translations, adaptations, derivations and combinations thereof, including goodwill associated therewith, and applications, registrations, and renewals in connection therewith; (iii) any work of authorship, regardless of copyrightable, copyrightable works, copyrights (including moral rights), and applications, registrations and renewals in connection therewith; (iv) mask works and applications, registrations and renewals in connection therewith; (v) trade secrets and Confidential Information; and (vi) other proprietary rights and any other similar rights, in each case on a worldwide basis, and copies and tangible embodiments thereof, in whatever form or medium.\n   4. “License” means the right to use the Software pursuant to Section ‎2.1 to this Agreement.\n   5.  “Software” means Applitools’ software development kit software in object or source code version, Documentation and any updates and upgrade thereto (to the extent delivered).\n1. License\n   1. Grant of License. Subject to the terms and conditions of this Agreement, Applitools grants You, during the Term, a personal, non-exclusive, non-sublicensable, non-transferable, revocable license to: (i) use the Software solely for Your own personal (non-commercial) use and (ii) use and display Applitools’ Marks solely for the purpose of publicizing or advertising that You are using the Software. \n   2. Documentation. Applitools may make available Documentation to Licensee for Licensee to use solely in connection with Licensee’s use of the Software during the term of this Agreement. Licensee may print or copy the Documentation as needed for its own purposes provided that all copyright notices are included therein. The Documentation shall be considered the Confidential Information of Applitools. \n   1. Reservation of Rights; Use Restrictions. Other than the rights explicitly granted in this Agreement, Licensee shall have no other rights, express or implied, in the Software. Without limiting the generality of the foregoing, Licensee agrees and undertakes not to: (i) allow any third party to use the Software in any manner, including but not limited to, sell, lease, sublicense or distribute the Software, or any part thereof; (ii) modify, revise, or alter the Software or reverse engineer, decompile, disassemble or otherwise reduce to human-perceivable form the Software’s source code; (iii) copy or allow copies of the Software to be made; (iv) remove, alter or obscure any proprietary notice or identification, including copyright, trademark, patent or other notices, contained in or displayed on or via the Software; (v) use the Software to violate any applicable laws, rules or regulations, or for any unlawful, harmful, irresponsible, or inappropriate purpose, or in any manner that breaches this Agreement, and/or (vi) represent that it possesses any proprietary interest in the Software.\n   1. Third Party Software. Licensee acknowledges and agrees that any third party software (“Third Party Software”) that provided with the Software is provided under the terms of the license attached/linked thereto or, if no such license is attached, such Third Party Software is provided for free and on “AS IS” basis. Applitools is not liable for any losses or damages which may occur resulting from the use of any Third Party Software. Applitools does not possess any proprietary interest in such Third Party Software. \n   1. Open Source Licenses. The Software includes certain open source code software and materials (as shall be listed in the documentation of the Software) (“Open Source Software”) that are subject to their respective open source licenses (“Open Source Licenses”). Such Open Source Licenses contain a list of conditions with respect to warranty, copyright policy and other provisions. By executing this Agreement, Licensee undertakes to strictly comply with the terms and condition of the Open Source Licenses, as may be amended from time to time. In order to comply with the Open Source Licenses, Licensee shall read the respective licenses or notices, such list of Open Source Licenses may be amended from time to time by Applitools, at its sole discretion. In the event of any inconsistencies or conflicting provisions between the provisions of the Open Source Licenses and the provisions of this Agreement, the provisions of the Open Source Licenses shall prevail. Without derogating from the generality of the foregoing, it is clarified that any Open Source Software is provided on an “AS IS” basis, without indemnity or warranty of any kind, whether express or implied. For clarity, the representations and warranties set forth in Section ‎4 hereunder shall not apply to any Open Source Software.\n1. Title & Ownership. APPLITOOLS DOES NOT SELL OR TRANSFER TITLE IN THE SOFTWARE, OR ANY PART THEREOF, TO LICENSEE. The Documentation, Software (excluding any Open Source Software and Third Party Software therein which are owned by their respective licensors) and/or any copies thereof, including without limitation any derivative works made (regardless of whether such derivative works were made and/or developed pursuant to the request and/or specifications of Licensee, and irrespective of any support and/or assistance Applitools may, will or had received from Licensee, or any third party on its behalf, with respect thereto), as well as any updates or upgrades thereto, if provided to Applitools pursuant to this Agreement, shall remain Applitools’ sole and exclusive property. All Intellectual Property Rights evidenced by or embodied in and/or attached/connected/related to the Software, or part thereof, are and shall be owned solely and exclusively by Applitools. Nothing in this Agreement shall constitute a waiver of Applitools’ Intellectual Property Rights under any law, or be in any way construed or interpreted as such. It is further agreed that to the extent Licensee provides Applitools with Feedback, Licensee acknowledges that any and all rights, including Intellectual Property Rights in such Feedback shall belong exclusively to Applitools and Licensee hereby irrevocably and unconditionally transfers and assigns to Applitools all intellectual property rights in such Feedback and waives any and all moral rights that Licensee may have in respect thereto. It is further understood that use of Feedback, if any, may be made by Applitools at its sole discretion, and that Applitools in no way shall be obliged to make use of any kind of the Feedback or part thereof. \n1. Warranty. Applitools warrants that to its knowledge it has the right to grant the license under this Agreement. Applitools’ sole liability for any breach of this warranty or any other warranty under this Agreement shall be, at Applitools’ sole discretion: (i) to replace or repair the Software or the applicable portion thereof; or (ii) to terminate this Agreement.\n2. Warranty Exclusions. The warranties set forth in Section ‎4 are contingent upon Licensee’s proper use of the Software, and shall not apply to damage caused by abuse, misuse, alteration, neglect or unauthorized repair or installation, or by the use or attempted use of Software other than that supplied and supported by Applitools. Applitools will use reasonable commercial efforts to repair or replace the Software or the applicable portion thereof, pursuant to the foregoing warranty within thirty (30) days of being so notified.\n1. Warranty Disclaimers. AS BETWEEN LICENSEE AND APPLITOOLS, EXCEPT AS SET IN SECTION ‎4, THE SOFTWARE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND INCLUDING, WITHOUT LIMITATION, REPRESENTATIONS, WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR INTENDED OR PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, THAT THE SOFTWARE WILL MEET LICENSEE’S REQUIREMENTS OR EXPECTATIONS OR WILL ACHIEVE ANY SPECIFIC RESULTS AND THOSE ARISING BY STATUTE OR FROM A COURSE OF DEALING OR USAGE OF TRADE. Applicable law may not allow the exclusion of certain warranties, so to that extent such exclusions may not apply.\n1. High Risk Activities. You acknowledge that the Software is not fault tolerant and is not designed, manufactured, or intended for use or resale as on-line control equipment in hazardous or high risk environments and activities requiring fail-safe performance (such as in the operation of nuclear facilities, aircraft navigation or communication systems, air traffic control, direct life support machines and/or devices, or weapons systems) in which the failure of the Software could lead directly to death, personal injury, or severe physical or environmental damage, and You agree not to use or allow the use of the Software or any portion thereof for, or in connection with, any such environment or activity.\n1. Indemnify. You agree that Applitools shall have no liability whatsoever for any use made of the Software by You or any third party. You hereby agree to defend, indemnify and hold harmless Applitools and its affiliates and their respective officers, directors, agents and employees from any and all claims, damages, liabilities, costs, and expenses (including attorney’s fees) arising from claims related to Your use of the Software as well as from Your failure to comply with this Agreement.\n1. Limitation of Liability. UNDER NO CIRCUMSTANCES SHALL APPLITOOLS AND/OR ITS AFFILIATES BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, OR FOR ANY LOSS OF DATA, REVENUE, BUSINESS OR REPUTATION, THAT ARISES UNDER OR IN CONNECTION WITH THIS AGREEMENT, OR THAT RESULTS FROM THE USE OF, OR THE INABILITY TO USE, THE SOFTWARE. APPLITOOLS’S TOTAL AGGREGATE LIABILITY FOR ANY AND ALL DIRECT DAMAGES AND LOSSES THAT ARISE UNDER OR IN CONNECTION WITH THIS AGREEMENT SHALL NOT IN ANY CIRCUMSTANCE EXCEED THE AMOUNT OF 100.00 (ONE HUNDRED) UNITED STATES DOLLARS. THE FOREGOING LIMITATIONS AND EXCLUSIONS IN THIS SECTION ‎7 SHALL APPLY: (I) EVEN IF APPLITOOLS HAS BEEN ADVISED OF THE POSSIBILITY OF ANY DAMAGES OR LOSSES; (II) EVEN IF ANY REMEDY SET FORTH HEREIN FAILS OF ITS ESSENTIAL PURPOSE; AND (III) REGARDLESS OF THE BASIS OR THEORY OF LIABILITY.\n1. Export Laws. Licensee agrees to comply fully with all U.S., EU, Israeli, and all applicable export laws and regulations to ensure that neither the Software nor any technical data related thereto are exported or re-exported directly or indirectly in violation of, or used for any purposes prohibited by, such laws and regulations. For clarity, and without derogating from Section ‎11 below, in case of any change of any applicable law, policy or regulation, which might affect Applitools’ business, Applitools will have the right to terminate this Agreement and the license granted hereunder and the Licensee shall have no claims regarding such termination. \n1. Term and Termination. This Agreement shall continue until terminated as set forth in this section (the “Term”). You may terminate this Agreement at any time by removing the Software from Your system and destroying all copies of the Software and Documentation relating to the Software. Unauthorized copying of the Software or otherwise failing to comply with this Agreement will result in automatic immediate termination of this Agreement and will make available to Applitools legal remedies. Applitools reserves the right to terminate this Agreement and the License at any time and without notice. Upon termination of this Agreement, the License will terminate and You: (i) will cease any and all rights to use the Software, and (ii) will remove the Software from all hard drives, networks and other storage media and destroy all copies of the Software in your possession or under your control. 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This Agreement are governed by and construed under the laws of the State of Israel, excluding its conflicts of law rules. You expressly agree that the exclusive jurisdiction for any claim or action arising out of or relating to this Agreement shall be the courts located in Tel Aviv, Israel, and You further agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action. 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BY INSTALLING, ACCESSING AND/OR USING THE SOFTWARE (AS DEFINED BELOW), YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOU, OR THE COMPANY YOU REPRESENT, (“YOU” OR “LICENSEE”) ARE ENTERING INTO A LEGAL AGREEMENT WITH APPLITOOLS LTD. AND ITS AFFILIATES (“APPLITOOLS”), AND HAVE UNDERSTOOD AND AGREE TO COMPLY WITH, AND BE LEGALLY BOUND BY, THE TERMS AND CONDITIONS OF THIS AGREEMENT. YOU HEREBY WAIVE ANY RIGHTS OR REQUIREMENTS UNDER ANY LAWS OR REGULATIONS IN ANY JURISDICTION WHICH REQUIRE AN ORIGINAL (NON-ELECTRONIC) SIGNATURE OR DELIVERY OR RETENTION OF NON-ELECTRONIC RECORDS, TO THE EXTENT PERMITTED UNDER APPLICABLE LAW. \nTHE SOFTWARE MAY BE USED SOLELY FOR YOUR PERSONAL, NON-COMMERCIAL PURPOSES. FOR COMMERCIAL PURPOSES PLEASE CONTACT THE REGIONAL APPLITOOLS BUSINESS REPRESENTATIVE. \n1. Definitions. For purposes of this Agreement, the following capitalized terms shall have the following meaning:\n   1. “Documentation” means the user’s guides and technical manuals delivered by Applitools to Licensee.\n   2.  “Feedback” means suggestions, comments or feedback (whether orally or in writing) with respect to the Software.\n   3. “Intellectual Property Rights” means all intangible legal rights, titles and interests evidenced by or embodied in all: (i) inventions (regardless of patentability and whether or not reduced to practice), improvements thereto, patents, patent applications, patent disclosures, together with all reissuances, continuations, continuations in part, revisions, extensions and reexaminations thereof; (ii) trademarks, service marks, trade dress, logos, trade names, corporate names, together with translations, adaptations, derivations and combinations thereof, including goodwill associated therewith, and applications, registrations, and renewals in connection therewith; (iii) any work of authorship, regardless of copyrightable, copyrightable works, copyrights (including moral rights), and applications, registrations and renewals in connection therewith; (iv) mask works and applications, registrations and renewals in connection therewith; (v) trade secrets and Confidential Information; and (vi) other proprietary rights and any other similar rights, in each case on a worldwide basis, and copies and tangible embodiments thereof, in whatever form or medium.\n   4. “License” means the right to use the Software pursuant to Section ‎2.1 to this Agreement.\n   5.  “Software” means Applitools’ software development kit software in object or source code version, Documentation and any updates and upgrade thereto (to the extent delivered).\n1. License\n   1. Grant of License. Subject to the terms and conditions of this Agreement, Applitools grants You, during the Term, a personal, non-exclusive, non-sublicensable, non-transferable, revocable license to: (i) use the Software solely for Your own personal (non-commercial) use and (ii) use and display Applitools’ Marks solely for the purpose of publicizing or advertising that You are using the Software. \n   2. Documentation. Applitools may make available Documentation to Licensee for Licensee to use solely in connection with Licensee’s use of the Software during the term of this Agreement. Licensee may print or copy the Documentation as needed for its own purposes provided that all copyright notices are included therein. The Documentation shall be considered the Confidential Information of Applitools. \n   1. Reservation of Rights; Use Restrictions. Other than the rights explicitly granted in this Agreement, Licensee shall have no other rights, express or implied, in the Software. Without limiting the generality of the foregoing, Licensee agrees and undertakes not to: (i) allow any third party to use the Software in any manner, including but not limited to, sell, lease, sublicense or distribute the Software, or any part thereof; (ii) modify, revise, or alter the Software or reverse engineer, decompile, disassemble or otherwise reduce to human-perceivable form the Software’s source code; (iii) copy or allow copies of the Software to be made; (iv) remove, alter or obscure any proprietary notice or identification, including copyright, trademark, patent or other notices, contained in or displayed on or via the Software; (v) use the Software to violate any applicable laws, rules or regulations, or for any unlawful, harmful, irresponsible, or inappropriate purpose, or in any manner that breaches this Agreement, and/or (vi) represent that it possesses any proprietary interest in the Software.\n   1. Third Party Software. Licensee acknowledges and agrees that any third party software (“Third Party Software”) that provided with the Software is provided under the terms of the license attached/linked thereto or, if no such license is attached, such Third Party Software is provided for free and on “AS IS” basis. Applitools is not liable for any losses or damages which may occur resulting from the use of any Third Party Software. Applitools does not possess any proprietary interest in such Third Party Software. \n   1. Open Source Licenses. The Software includes certain open source code software and materials (as shall be listed in the documentation of the Software) (“Open Source Software”) that are subject to their respective open source licenses (“Open Source Licenses”). Such Open Source Licenses contain a list of conditions with respect to warranty, copyright policy and other provisions. By executing this Agreement, Licensee undertakes to strictly comply with the terms and condition of the Open Source Licenses, as may be amended from time to time. In order to comply with the Open Source Licenses, Licensee shall read the respective licenses or notices, such list of Open Source Licenses may be amended from time to time by Applitools, at its sole discretion. In the event of any inconsistencies or conflicting provisions between the provisions of the Open Source Licenses and the provisions of this Agreement, the provisions of the Open Source Licenses shall prevail. Without derogating from the generality of the foregoing, it is clarified that any Open Source Software is provided on an “AS IS” basis, without indemnity or warranty of any kind, whether express or implied. For clarity, the representations and warranties set forth in Section ‎4 hereunder shall not apply to any Open Source Software.\n1. Title & Ownership. APPLITOOLS DOES NOT SELL OR TRANSFER TITLE IN THE SOFTWARE, OR ANY PART THEREOF, TO LICENSEE. The Documentation, Software (excluding any Open Source Software and Third Party Software therein which are owned by their respective licensors) and/or any copies thereof, including without limitation any derivative works made (regardless of whether such derivative works were made and/or developed pursuant to the request and/or specifications of Licensee, and irrespective of any support and/or assistance Applitools may, will or had received from Licensee, or any third party on its behalf, with respect thereto), as well as any updates or upgrades thereto, if provided to Applitools pursuant to this Agreement, shall remain Applitools’ sole and exclusive property. All Intellectual Property Rights evidenced by or embodied in and/or attached/connected/related to the Software, or part thereof, are and shall be owned solely and exclusively by Applitools. Nothing in this Agreement shall constitute a waiver of Applitools’ Intellectual Property Rights under any law, or be in any way construed or interpreted as such. It is further agreed that to the extent Licensee provides Applitools with Feedback, Licensee acknowledges that any and all rights, including Intellectual Property Rights in such Feedback shall belong exclusively to Applitools and Licensee hereby irrevocably and unconditionally transfers and assigns to Applitools all intellectual property rights in such Feedback and waives any and all moral rights that Licensee may have in respect thereto. It is further understood that use of Feedback, if any, may be made by Applitools at its sole discretion, and that Applitools in no way shall be obliged to make use of any kind of the Feedback or part thereof. \n1. Warranty. Applitools warrants that to its knowledge it has the right to grant the license under this Agreement. Applitools’ sole liability for any breach of this warranty or any other warranty under this Agreement shall be, at Applitools’ sole discretion: (i) to replace or repair the Software or the applicable portion thereof; or (ii) to terminate this Agreement.\n2. Warranty Exclusions. The warranties set forth in Section ‎4 are contingent upon Licensee’s proper use of the Software, and shall not apply to damage caused by abuse, misuse, alteration, neglect or unauthorized repair or installation, or by the use or attempted use of Software other than that supplied and supported by Applitools. Applitools will use reasonable commercial efforts to repair or replace the Software or the applicable portion thereof, pursuant to the foregoing warranty within thirty (30) days of being so notified.\n1. Warranty Disclaimers. AS BETWEEN LICENSEE AND APPLITOOLS, EXCEPT AS SET IN SECTION ‎4, THE SOFTWARE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND INCLUDING, WITHOUT LIMITATION, REPRESENTATIONS, WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR INTENDED OR PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, THAT THE SOFTWARE WILL MEET LICENSEE’S REQUIREMENTS OR EXPECTATIONS OR WILL ACHIEVE ANY SPECIFIC RESULTS AND THOSE ARISING BY STATUTE OR FROM A COURSE OF DEALING OR USAGE OF TRADE. Applicable law may not allow the exclusion of certain warranties, so to that extent such exclusions may not apply.\n1. High Risk Activities. You acknowledge that the Software is not fault tolerant and is not designed, manufactured, or intended for use or resale as on-line control equipment in hazardous or high risk environments and activities requiring fail-safe performance (such as in the operation of nuclear facilities, aircraft navigation or communication systems, air traffic control, direct life support machines and/or devices, or weapons systems) in which the failure of the Software could lead directly to death, personal injury, or severe physical or environmental damage, and You agree not to use or allow the use of the Software or any portion thereof for, or in connection with, any such environment or activity.\n1. Indemnify. You agree that Applitools shall have no liability whatsoever for any use made of the Software by You or any third party. You hereby agree to defend, indemnify and hold harmless Applitools and its affiliates and their respective officers, directors, agents and employees from any and all claims, damages, liabilities, costs, and expenses (including attorney’s fees) arising from claims related to Your use of the Software as well as from Your failure to comply with this Agreement.\n1. Limitation of Liability. UNDER NO CIRCUMSTANCES SHALL APPLITOOLS AND/OR ITS AFFILIATES BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, OR FOR ANY LOSS OF DATA, REVENUE, BUSINESS OR REPUTATION, THAT ARISES UNDER OR IN CONNECTION WITH THIS AGREEMENT, OR THAT RESULTS FROM THE USE OF, OR THE INABILITY TO USE, THE SOFTWARE. APPLITOOLS’S TOTAL AGGREGATE LIABILITY FOR ANY AND ALL DIRECT DAMAGES AND LOSSES THAT ARISE UNDER OR IN CONNECTION WITH THIS AGREEMENT SHALL NOT IN ANY CIRCUMSTANCE EXCEED THE AMOUNT OF 100.00 (ONE HUNDRED) UNITED STATES DOLLARS. THE FOREGOING LIMITATIONS AND EXCLUSIONS IN THIS SECTION ‎7 SHALL APPLY: (I) EVEN IF APPLITOOLS HAS BEEN ADVISED OF THE POSSIBILITY OF ANY DAMAGES OR LOSSES; (II) EVEN IF ANY REMEDY SET FORTH HEREIN FAILS OF ITS ESSENTIAL PURPOSE; AND (III) REGARDLESS OF THE BASIS OR THEORY OF LIABILITY.\n1. Export Laws. Licensee agrees to comply fully with all U.S., EU, Israeli, and all applicable export laws and regulations to ensure that neither the Software nor any technical data related thereto are exported or re-exported directly or indirectly in violation of, or used for any purposes prohibited by, such laws and regulations. For clarity, and without derogating from Section ‎11 below, in case of any change of any applicable law, policy or regulation, which might affect Applitools’ business, Applitools will have the right to terminate this Agreement and the license granted hereunder and the Licensee shall have no claims regarding such termination. \n1. Term and Termination. This Agreement shall continue until terminated as set forth in this section (the “Term”). You may terminate this Agreement at any time by removing the Software from Your system and destroying all copies of the Software and Documentation relating to the Software. Unauthorized copying of the Software or otherwise failing to comply with this Agreement will result in automatic immediate termination of this Agreement and will make available to Applitools legal remedies. Applitools reserves the right to terminate this Agreement and the License at any time and without notice. Upon termination of this Agreement, the License will terminate and You: (i) will cease any and all rights to use the Software, and (ii) will remove the Software from all hard drives, networks and other storage media and destroy all copies of the Software in your possession or under your control. 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This Agreement are governed by and construed under the laws of the State of Israel, excluding its conflicts of law rules. You expressly agree that the exclusive jurisdiction for any claim or action arising out of or relating to this Agreement shall be the courts located in Tel Aviv, Israel, and You further agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action. 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BY INSTALLING, ACCESSING AND/OR USING THE SOFTWARE (AS DEFINED BELOW), YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOU, OR THE COMPANY YOU REPRESENT, (“YOU” OR “LICENSEE”) ARE ENTERING INTO A LEGAL AGREEMENT WITH APPLITOOLS LTD. AND ITS AFFILIATES (“APPLITOOLS”), AND HAVE UNDERSTOOD AND AGREE TO COMPLY WITH, AND BE LEGALLY BOUND BY, THE TERMS AND CONDITIONS OF THIS AGREEMENT. YOU HEREBY WAIVE ANY RIGHTS OR REQUIREMENTS UNDER ANY LAWS OR REGULATIONS IN ANY JURISDICTION WHICH REQUIRE AN ORIGINAL (NON-ELECTRONIC) SIGNATURE OR DELIVERY OR RETENTION OF NON-ELECTRONIC RECORDS, TO THE EXTENT PERMITTED UNDER APPLICABLE LAW. \nTHE SOFTWARE MAY BE USED SOLELY FOR YOUR PERSONAL, NON-COMMERCIAL PURPOSES. FOR COMMERCIAL PURPOSES PLEASE CONTACT THE REGIONAL APPLITOOLS BUSINESS REPRESENTATIVE. \n1. Definitions. For purposes of this Agreement, the following capitalized terms shall have the following meaning:\n   1. “Documentation” means the user’s guides and technical manuals delivered by Applitools to Licensee.\n   2.  “Feedback” means suggestions, comments or feedback (whether orally or in writing) with respect to the Software.\n   3. “Intellectual Property Rights” means all intangible legal rights, titles and interests evidenced by or embodied in all: (i) inventions (regardless of patentability and whether or not reduced to practice), improvements thereto, patents, patent applications, patent disclosures, together with all reissuances, continuations, continuations in part, revisions, extensions and reexaminations thereof; (ii) trademarks, service marks, trade dress, logos, trade names, corporate names, together with translations, adaptations, derivations and combinations thereof, including goodwill associated therewith, and applications, registrations, and renewals in connection therewith; (iii) any work of authorship, regardless of copyrightable, copyrightable works, copyrights (including moral rights), and applications, registrations and renewals in connection therewith; (iv) mask works and applications, registrations and renewals in connection therewith; (v) trade secrets and Confidential Information; and (vi) other proprietary rights and any other similar rights, in each case on a worldwide basis, and copies and tangible embodiments thereof, in whatever form or medium.\n   4. “License” means the right to use the Software pursuant to Section ‎2.1 to this Agreement.\n   5.  “Software” means Applitools’ software development kit software in object or source code version, Documentation and any updates and upgrade thereto (to the extent delivered).\n1. License\n   1. Grant of License. Subject to the terms and conditions of this Agreement, Applitools grants You, during the Term, a personal, non-exclusive, non-sublicensable, non-transferable, revocable license to: (i) use the Software solely for Your own personal (non-commercial) use and (ii) use and display Applitools’ Marks solely for the purpose of publicizing or advertising that You are using the Software. \n   2. Documentation. Applitools may make available Documentation to Licensee for Licensee to use solely in connection with Licensee’s use of the Software during the term of this Agreement. Licensee may print or copy the Documentation as needed for its own purposes provided that all copyright notices are included therein. The Documentation shall be considered the Confidential Information of Applitools. \n   1. Reservation of Rights; Use Restrictions. Other than the rights explicitly granted in this Agreement, Licensee shall have no other rights, express or implied, in the Software. Without limiting the generality of the foregoing, Licensee agrees and undertakes not to: (i) allow any third party to use the Software in any manner, including but not limited to, sell, lease, sublicense or distribute the Software, or any part thereof; (ii) modify, revise, or alter the Software or reverse engineer, decompile, disassemble or otherwise reduce to human-perceivable form the Software’s source code; (iii) copy or allow copies of the Software to be made; (iv) remove, alter or obscure any proprietary notice or identification, including copyright, trademark, patent or other notices, contained in or displayed on or via the Software; (v) use the Software to violate any applicable laws, rules or regulations, or for any unlawful, harmful, irresponsible, or inappropriate purpose, or in any manner that breaches this Agreement, and/or (vi) represent that it possesses any proprietary interest in the Software.\n   1. Third Party Software. Licensee acknowledges and agrees that any third party software (“Third Party Software”) that provided with the Software is provided under the terms of the license attached/linked thereto or, if no such license is attached, such Third Party Software is provided for free and on “AS IS” basis. Applitools is not liable for any losses or damages which may occur resulting from the use of any Third Party Software. Applitools does not possess any proprietary interest in such Third Party Software. \n   1. Open Source Licenses. The Software includes certain open source code software and materials (as shall be listed in the documentation of the Software) (“Open Source Software”) that are subject to their respective open source licenses (“Open Source Licenses”). Such Open Source Licenses contain a list of conditions with respect to warranty, copyright policy and other provisions. By executing this Agreement, Licensee undertakes to strictly comply with the terms and condition of the Open Source Licenses, as may be amended from time to time. In order to comply with the Open Source Licenses, Licensee shall read the respective licenses or notices, such list of Open Source Licenses may be amended from time to time by Applitools, at its sole discretion. In the event of any inconsistencies or conflicting provisions between the provisions of the Open Source Licenses and the provisions of this Agreement, the provisions of the Open Source Licenses shall prevail. Without derogating from the generality of the foregoing, it is clarified that any Open Source Software is provided on an “AS IS” basis, without indemnity or warranty of any kind, whether express or implied. For clarity, the representations and warranties set forth in Section ‎4 hereunder shall not apply to any Open Source Software.\n1. Title & Ownership. APPLITOOLS DOES NOT SELL OR TRANSFER TITLE IN THE SOFTWARE, OR ANY PART THEREOF, TO LICENSEE. The Documentation, Software (excluding any Open Source Software and Third Party Software therein which are owned by their respective licensors) and/or any copies thereof, including without limitation any derivative works made (regardless of whether such derivative works were made and/or developed pursuant to the request and/or specifications of Licensee, and irrespective of any support and/or assistance Applitools may, will or had received from Licensee, or any third party on its behalf, with respect thereto), as well as any updates or upgrades thereto, if provided to Applitools pursuant to this Agreement, shall remain Applitools’ sole and exclusive property. All Intellectual Property Rights evidenced by or embodied in and/or attached/connected/related to the Software, or part thereof, are and shall be owned solely and exclusively by Applitools. Nothing in this Agreement shall constitute a waiver of Applitools’ Intellectual Property Rights under any law, or be in any way construed or interpreted as such. It is further agreed that to the extent Licensee provides Applitools with Feedback, Licensee acknowledges that any and all rights, including Intellectual Property Rights in such Feedback shall belong exclusively to Applitools and Licensee hereby irrevocably and unconditionally transfers and assigns to Applitools all intellectual property rights in such Feedback and waives any and all moral rights that Licensee may have in respect thereto. It is further understood that use of Feedback, if any, may be made by Applitools at its sole discretion, and that Applitools in no way shall be obliged to make use of any kind of the Feedback or part thereof. \n1. Warranty. Applitools warrants that to its knowledge it has the right to grant the license under this Agreement. Applitools’ sole liability for any breach of this warranty or any other warranty under this Agreement shall be, at Applitools’ sole discretion: (i) to replace or repair the Software or the applicable portion thereof; or (ii) to terminate this Agreement.\n2. Warranty Exclusions. The warranties set forth in Section ‎4 are contingent upon Licensee’s proper use of the Software, and shall not apply to damage caused by abuse, misuse, alteration, neglect or unauthorized repair or installation, or by the use or attempted use of Software other than that supplied and supported by Applitools. Applitools will use reasonable commercial efforts to repair or replace the Software or the applicable portion thereof, pursuant to the foregoing warranty within thirty (30) days of being so notified.\n1. Warranty Disclaimers. AS BETWEEN LICENSEE AND APPLITOOLS, EXCEPT AS SET IN SECTION ‎4, THE SOFTWARE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND INCLUDING, WITHOUT LIMITATION, REPRESENTATIONS, WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR INTENDED OR PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, THAT THE SOFTWARE WILL MEET LICENSEE’S REQUIREMENTS OR EXPECTATIONS OR WILL ACHIEVE ANY SPECIFIC RESULTS AND THOSE ARISING BY STATUTE OR FROM A COURSE OF DEALING OR USAGE OF TRADE. Applicable law may not allow the exclusion of certain warranties, so to that extent such exclusions may not apply.\n1. High Risk Activities. You acknowledge that the Software is not fault tolerant and is not designed, manufactured, or intended for use or resale as on-line control equipment in hazardous or high risk environments and activities requiring fail-safe performance (such as in the operation of nuclear facilities, aircraft navigation or communication systems, air traffic control, direct life support machines and/or devices, or weapons systems) in which the failure of the Software could lead directly to death, personal injury, or severe physical or environmental damage, and You agree not to use or allow the use of the Software or any portion thereof for, or in connection with, any such environment or activity.\n1. Indemnify. You agree that Applitools shall have no liability whatsoever for any use made of the Software by You or any third party. You hereby agree to defend, indemnify and hold harmless Applitools and its affiliates and their respective officers, directors, agents and employees from any and all claims, damages, liabilities, costs, and expenses (including attorney’s fees) arising from claims related to Your use of the Software as well as from Your failure to comply with this Agreement.\n1. Limitation of Liability. UNDER NO CIRCUMSTANCES SHALL APPLITOOLS AND/OR ITS AFFILIATES BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, OR FOR ANY LOSS OF DATA, REVENUE, BUSINESS OR REPUTATION, THAT ARISES UNDER OR IN CONNECTION WITH THIS AGREEMENT, OR THAT RESULTS FROM THE USE OF, OR THE INABILITY TO USE, THE SOFTWARE. APPLITOOLS’S TOTAL AGGREGATE LIABILITY FOR ANY AND ALL DIRECT DAMAGES AND LOSSES THAT ARISE UNDER OR IN CONNECTION WITH THIS AGREEMENT SHALL NOT IN ANY CIRCUMSTANCE EXCEED THE AMOUNT OF 100.00 (ONE HUNDRED) UNITED STATES DOLLARS. THE FOREGOING LIMITATIONS AND EXCLUSIONS IN THIS SECTION ‎7 SHALL APPLY: (I) EVEN IF APPLITOOLS HAS BEEN ADVISED OF THE POSSIBILITY OF ANY DAMAGES OR LOSSES; (II) EVEN IF ANY REMEDY SET FORTH HEREIN FAILS OF ITS ESSENTIAL PURPOSE; AND (III) REGARDLESS OF THE BASIS OR THEORY OF LIABILITY.\n1. Export Laws. Licensee agrees to comply fully with all U.S., EU, Israeli, and all applicable export laws and regulations to ensure that neither the Software nor any technical data related thereto are exported or re-exported directly or indirectly in violation of, or used for any purposes prohibited by, such laws and regulations. For clarity, and without derogating from Section ‎11 below, in case of any change of any applicable law, policy or regulation, which might affect Applitools’ business, Applitools will have the right to terminate this Agreement and the license granted hereunder and the Licensee shall have no claims regarding such termination. \n1. Term and Termination. This Agreement shall continue until terminated as set forth in this section (the “Term”). You may terminate this Agreement at any time by removing the Software from Your system and destroying all copies of the Software and Documentation relating to the Software. Unauthorized copying of the Software or otherwise failing to comply with this Agreement will result in automatic immediate termination of this Agreement and will make available to Applitools legal remedies. Applitools reserves the right to terminate this Agreement and the License at any time and without notice. Upon termination of this Agreement, the License will terminate and You: (i) will cease any and all rights to use the Software, and (ii) will remove the Software from all hard drives, networks and other storage media and destroy all copies of the Software in your possession or under your control. 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This Agreement are governed by and construed under the laws of the State of Israel, excluding its conflicts of law rules. You expressly agree that the exclusive jurisdiction for any claim or action arising out of or relating to this Agreement shall be the courts located in Tel Aviv, Israel, and You further agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action. 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BY INSTALLING, ACCESSING AND/OR USING THE SOFTWARE (AS DEFINED BELOW), YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOU, OR THE COMPANY YOU REPRESENT, (“YOU” OR “LICENSEE”) ARE ENTERING INTO A LEGAL AGREEMENT WITH APPLITOOLS LTD. AND ITS AFFILIATES (“APPLITOOLS”), AND HAVE UNDERSTOOD AND AGREE TO COMPLY WITH, AND BE LEGALLY BOUND BY, THE TERMS AND CONDITIONS OF THIS AGREEMENT. YOU HEREBY WAIVE ANY RIGHTS OR REQUIREMENTS UNDER ANY LAWS OR REGULATIONS IN ANY JURISDICTION WHICH REQUIRE AN ORIGINAL (NON-ELECTRONIC) SIGNATURE OR DELIVERY OR RETENTION OF NON-ELECTRONIC RECORDS, TO THE EXTENT PERMITTED UNDER APPLICABLE LAW. \nTHE SOFTWARE MAY BE USED SOLELY FOR YOUR PERSONAL, NON-COMMERCIAL PURPOSES. FOR COMMERCIAL PURPOSES PLEASE CONTACT THE REGIONAL APPLITOOLS BUSINESS REPRESENTATIVE. \n1. Definitions. For purposes of this Agreement, the following capitalized terms shall have the following meaning:\n   1. “Documentation” means the user’s guides and technical manuals delivered by Applitools to Licensee.\n   2.  “Feedback” means suggestions, comments or feedback (whether orally or in writing) with respect to the Software.\n   3. “Intellectual Property Rights” means all intangible legal rights, titles and interests evidenced by or embodied in all: (i) inventions (regardless of patentability and whether or not reduced to practice), improvements thereto, patents, patent applications, patent disclosures, together with all reissuances, continuations, continuations in part, revisions, extensions and reexaminations thereof; (ii) trademarks, service marks, trade dress, logos, trade names, corporate names, together with translations, adaptations, derivations and combinations thereof, including goodwill associated therewith, and applications, registrations, and renewals in connection therewith; (iii) any work of authorship, regardless of copyrightable, copyrightable works, copyrights (including moral rights), and applications, registrations and renewals in connection therewith; (iv) mask works and applications, registrations and renewals in connection therewith; (v) trade secrets and Confidential Information; and (vi) other proprietary rights and any other similar rights, in each case on a worldwide basis, and copies and tangible embodiments thereof, in whatever form or medium.\n   4. “License” means the right to use the Software pursuant to Section ‎2.1 to this Agreement.\n   5.  “Software” means Applitools’ software development kit software in object or source code version, Documentation and any updates and upgrade thereto (to the extent delivered).\n1. License\n   1. Grant of License. Subject to the terms and conditions of this Agreement, Applitools grants You, during the Term, a personal, non-exclusive, non-sublicensable, non-transferable, revocable license to: (i) use the Software solely for Your own personal (non-commercial) use and (ii) use and display Applitools’ Marks solely for the purpose of publicizing or advertising that You are using the Software. \n   2. Documentation. Applitools may make available Documentation to Licensee for Licensee to use solely in connection with Licensee’s use of the Software during the term of this Agreement. Licensee may print or copy the Documentation as needed for its own purposes provided that all copyright notices are included therein. The Documentation shall be considered the Confidential Information of Applitools. \n   1. Reservation of Rights; Use Restrictions. Other than the rights explicitly granted in this Agreement, Licensee shall have no other rights, express or implied, in the Software. Without limiting the generality of the foregoing, Licensee agrees and undertakes not to: (i) allow any third party to use the Software in any manner, including but not limited to, sell, lease, sublicense or distribute the Software, or any part thereof; (ii) modify, revise, or alter the Software or reverse engineer, decompile, disassemble or otherwise reduce to human-perceivable form the Software’s source code; (iii) copy or allow copies of the Software to be made; (iv) remove, alter or obscure any proprietary notice or identification, including copyright, trademark, patent or other notices, contained in or displayed on or via the Software; (v) use the Software to violate any applicable laws, rules or regulations, or for any unlawful, harmful, irresponsible, or inappropriate purpose, or in any manner that breaches this Agreement, and/or (vi) represent that it possesses any proprietary interest in the Software.\n   1. Third Party Software. Licensee acknowledges and agrees that any third party software (“Third Party Software”) that provided with the Software is provided under the terms of the license attached/linked thereto or, if no such license is attached, such Third Party Software is provided for free and on “AS IS” basis. Applitools is not liable for any losses or damages which may occur resulting from the use of any Third Party Software. Applitools does not possess any proprietary interest in such Third Party Software. \n   1. Open Source Licenses. The Software includes certain open source code software and materials (as shall be listed in the documentation of the Software) (“Open Source Software”) that are subject to their respective open source licenses (“Open Source Licenses”). Such Open Source Licenses contain a list of conditions with respect to warranty, copyright policy and other provisions. By executing this Agreement, Licensee undertakes to strictly comply with the terms and condition of the Open Source Licenses, as may be amended from time to time. In order to comply with the Open Source Licenses, Licensee shall read the respective licenses or notices, such list of Open Source Licenses may be amended from time to time by Applitools, at its sole discretion. In the event of any inconsistencies or conflicting provisions between the provisions of the Open Source Licenses and the provisions of this Agreement, the provisions of the Open Source Licenses shall prevail. Without derogating from the generality of the foregoing, it is clarified that any Open Source Software is provided on an “AS IS” basis, without indemnity or warranty of any kind, whether express or implied. For clarity, the representations and warranties set forth in Section ‎4 hereunder shall not apply to any Open Source Software.\n1. Title & Ownership. APPLITOOLS DOES NOT SELL OR TRANSFER TITLE IN THE SOFTWARE, OR ANY PART THEREOF, TO LICENSEE. The Documentation, Software (excluding any Open Source Software and Third Party Software therein which are owned by their respective licensors) and/or any copies thereof, including without limitation any derivative works made (regardless of whether such derivative works were made and/or developed pursuant to the request and/or specifications of Licensee, and irrespective of any support and/or assistance Applitools may, will or had received from Licensee, or any third party on its behalf, with respect thereto), as well as any updates or upgrades thereto, if provided to Applitools pursuant to this Agreement, shall remain Applitools’ sole and exclusive property. All Intellectual Property Rights evidenced by or embodied in and/or attached/connected/related to the Software, or part thereof, are and shall be owned solely and exclusively by Applitools. Nothing in this Agreement shall constitute a waiver of Applitools’ Intellectual Property Rights under any law, or be in any way construed or interpreted as such. It is further agreed that to the extent Licensee provides Applitools with Feedback, Licensee acknowledges that any and all rights, including Intellectual Property Rights in such Feedback shall belong exclusively to Applitools and Licensee hereby irrevocably and unconditionally transfers and assigns to Applitools all intellectual property rights in such Feedback and waives any and all moral rights that Licensee may have in respect thereto. It is further understood that use of Feedback, if any, may be made by Applitools at its sole discretion, and that Applitools in no way shall be obliged to make use of any kind of the Feedback or part thereof. \n1. Warranty. Applitools warrants that to its knowledge it has the right to grant the license under this Agreement. Applitools’ sole liability for any breach of this warranty or any other warranty under this Agreement shall be, at Applitools’ sole discretion: (i) to replace or repair the Software or the applicable portion thereof; or (ii) to terminate this Agreement.\n2. Warranty Exclusions. The warranties set forth in Section ‎4 are contingent upon Licensee’s proper use of the Software, and shall not apply to damage caused by abuse, misuse, alteration, neglect or unauthorized repair or installation, or by the use or attempted use of Software other than that supplied and supported by Applitools. Applitools will use reasonable commercial efforts to repair or replace the Software or the applicable portion thereof, pursuant to the foregoing warranty within thirty (30) days of being so notified.\n1. Warranty Disclaimers. AS BETWEEN LICENSEE AND APPLITOOLS, EXCEPT AS SET IN SECTION ‎4, THE SOFTWARE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND INCLUDING, WITHOUT LIMITATION, REPRESENTATIONS, WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR INTENDED OR PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, THAT THE SOFTWARE WILL MEET LICENSEE’S REQUIREMENTS OR EXPECTATIONS OR WILL ACHIEVE ANY SPECIFIC RESULTS AND THOSE ARISING BY STATUTE OR FROM A COURSE OF DEALING OR USAGE OF TRADE. Applicable law may not allow the exclusion of certain warranties, so to that extent such exclusions may not apply.\n1. High Risk Activities. You acknowledge that the Software is not fault tolerant and is not designed, manufactured, or intended for use or resale as on-line control equipment in hazardous or high risk environments and activities requiring fail-safe performance (such as in the operation of nuclear facilities, aircraft navigation or communication systems, air traffic control, direct life support machines and/or devices, or weapons systems) in which the failure of the Software could lead directly to death, personal injury, or severe physical or environmental damage, and You agree not to use or allow the use of the Software or any portion thereof for, or in connection with, any such environment or activity.\n1. Indemnify. You agree that Applitools shall have no liability whatsoever for any use made of the Software by You or any third party. You hereby agree to defend, indemnify and hold harmless Applitools and its affiliates and their respective officers, directors, agents and employees from any and all claims, damages, liabilities, costs, and expenses (including attorney’s fees) arising from claims related to Your use of the Software as well as from Your failure to comply with this Agreement.\n1. Limitation of Liability. UNDER NO CIRCUMSTANCES SHALL APPLITOOLS AND/OR ITS AFFILIATES BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, OR FOR ANY LOSS OF DATA, REVENUE, BUSINESS OR REPUTATION, THAT ARISES UNDER OR IN CONNECTION WITH THIS AGREEMENT, OR THAT RESULTS FROM THE USE OF, OR THE INABILITY TO USE, THE SOFTWARE. APPLITOOLS’S TOTAL AGGREGATE LIABILITY FOR ANY AND ALL DIRECT DAMAGES AND LOSSES THAT ARISE UNDER OR IN CONNECTION WITH THIS AGREEMENT SHALL NOT IN ANY CIRCUMSTANCE EXCEED THE AMOUNT OF 100.00 (ONE HUNDRED) UNITED STATES DOLLARS. THE FOREGOING LIMITATIONS AND EXCLUSIONS IN THIS SECTION ‎7 SHALL APPLY: (I) EVEN IF APPLITOOLS HAS BEEN ADVISED OF THE POSSIBILITY OF ANY DAMAGES OR LOSSES; (II) EVEN IF ANY REMEDY SET FORTH HEREIN FAILS OF ITS ESSENTIAL PURPOSE; AND (III) REGARDLESS OF THE BASIS OR THEORY OF LIABILITY.\n1. Export Laws. Licensee agrees to comply fully with all U.S., EU, Israeli, and all applicable export laws and regulations to ensure that neither the Software nor any technical data related thereto are exported or re-exported directly or indirectly in violation of, or used for any purposes prohibited by, such laws and regulations. For clarity, and without derogating from Section ‎11 below, in case of any change of any applicable law, policy or regulation, which might affect Applitools’ business, Applitools will have the right to terminate this Agreement and the license granted hereunder and the Licensee shall have no claims regarding such termination. \n1. Term and Termination. This Agreement shall continue until terminated as set forth in this section (the “Term”). You may terminate this Agreement at any time by removing the Software from Your system and destroying all copies of the Software and Documentation relating to the Software. Unauthorized copying of the Software or otherwise failing to comply with this Agreement will result in automatic immediate termination of this Agreement and will make available to Applitools legal remedies. Applitools reserves the right to terminate this Agreement and the License at any time and without notice. Upon termination of this Agreement, the License will terminate and You: (i) will cease any and all rights to use the Software, and (ii) will remove the Software from all hard drives, networks and other storage media and destroy all copies of the Software in your possession or under your control. 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This Agreement are governed by and construed under the laws of the State of Israel, excluding its conflicts of law rules. You expressly agree that the exclusive jurisdiction for any claim or action arising out of or relating to this Agreement shall be the courts located in Tel Aviv, Israel, and You further agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action. 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BY INSTALLING, ACCESSING AND/OR USING THE SOFTWARE (AS DEFINED BELOW), YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOU, OR THE COMPANY YOU REPRESENT, (“YOU” OR “LICENSEE”) ARE ENTERING INTO A LEGAL AGREEMENT WITH APPLITOOLS LTD. AND ITS AFFILIATES (“APPLITOOLS”), AND HAVE UNDERSTOOD AND AGREE TO COMPLY WITH, AND BE LEGALLY BOUND BY, THE TERMS AND CONDITIONS OF THIS AGREEMENT. YOU HEREBY WAIVE ANY RIGHTS OR REQUIREMENTS UNDER ANY LAWS OR REGULATIONS IN ANY JURISDICTION WHICH REQUIRE AN ORIGINAL (NON-ELECTRONIC) SIGNATURE OR DELIVERY OR RETENTION OF NON-ELECTRONIC RECORDS, TO THE EXTENT PERMITTED UNDER APPLICABLE LAW. \nTHE SOFTWARE MAY BE USED SOLELY FOR YOUR PERSONAL, NON-COMMERCIAL PURPOSES. FOR COMMERCIAL PURPOSES PLEASE CONTACT THE REGIONAL APPLITOOLS BUSINESS REPRESENTATIVE. \n1. Definitions. For purposes of this Agreement, the following capitalized terms shall have the following meaning:\n   1. “Documentation” means the user’s guides and technical manuals delivered by Applitools to Licensee.\n   2.  “Feedback” means suggestions, comments or feedback (whether orally or in writing) with respect to the Software.\n   3. “Intellectual Property Rights” means all intangible legal rights, titles and interests evidenced by or embodied in all: (i) inventions (regardless of patentability and whether or not reduced to practice), improvements thereto, patents, patent applications, patent disclosures, together with all reissuances, continuations, continuations in part, revisions, extensions and reexaminations thereof; (ii) trademarks, service marks, trade dress, logos, trade names, corporate names, together with translations, adaptations, derivations and combinations thereof, including goodwill associated therewith, and applications, registrations, and renewals in connection therewith; (iii) any work of authorship, regardless of copyrightable, copyrightable works, copyrights (including moral rights), and applications, registrations and renewals in connection therewith; (iv) mask works and applications, registrations and renewals in connection therewith; (v) trade secrets and Confidential Information; and (vi) other proprietary rights and any other similar rights, in each case on a worldwide basis, and copies and tangible embodiments thereof, in whatever form or medium.\n   4. “License” means the right to use the Software pursuant to Section ‎2.1 to this Agreement.\n   5.  “Software” means Applitools’ software development kit software in object or source code version, Documentation and any updates and upgrade thereto (to the extent delivered).\n1. License\n   1. Grant of License. Subject to the terms and conditions of this Agreement, Applitools grants You, during the Term, a personal, non-exclusive, non-sublicensable, non-transferable, revocable license to: (i) use the Software solely for Your own personal (non-commercial) use and (ii) use and display Applitools’ Marks solely for the purpose of publicizing or advertising that You are using the Software. \n   2. Documentation. Applitools may make available Documentation to Licensee for Licensee to use solely in connection with Licensee’s use of the Software during the term of this Agreement. Licensee may print or copy the Documentation as needed for its own purposes provided that all copyright notices are included therein. The Documentation shall be considered the Confidential Information of Applitools. \n   1. Reservation of Rights; Use Restrictions. Other than the rights explicitly granted in this Agreement, Licensee shall have no other rights, express or implied, in the Software. Without limiting the generality of the foregoing, Licensee agrees and undertakes not to: (i) allow any third party to use the Software in any manner, including but not limited to, sell, lease, sublicense or distribute the Software, or any part thereof; (ii) modify, revise, or alter the Software or reverse engineer, decompile, disassemble or otherwise reduce to human-perceivable form the Software’s source code; (iii) copy or allow copies of the Software to be made; (iv) remove, alter or obscure any proprietary notice or identification, including copyright, trademark, patent or other notices, contained in or displayed on or via the Software; (v) use the Software to violate any applicable laws, rules or regulations, or for any unlawful, harmful, irresponsible, or inappropriate purpose, or in any manner that breaches this Agreement, and/or (vi) represent that it possesses any proprietary interest in the Software.\n   1. Third Party Software. Licensee acknowledges and agrees that any third party software (“Third Party Software”) that provided with the Software is provided under the terms of the license attached/linked thereto or, if no such license is attached, such Third Party Software is provided for free and on “AS IS” basis. Applitools is not liable for any losses or damages which may occur resulting from the use of any Third Party Software. Applitools does not possess any proprietary interest in such Third Party Software. \n   1. Open Source Licenses. The Software includes certain open source code software and materials (as shall be listed in the documentation of the Software) (“Open Source Software”) that are subject to their respective open source licenses (“Open Source Licenses”). Such Open Source Licenses contain a list of conditions with respect to warranty, copyright policy and other provisions. By executing this Agreement, Licensee undertakes to strictly comply with the terms and condition of the Open Source Licenses, as may be amended from time to time. In order to comply with the Open Source Licenses, Licensee shall read the respective licenses or notices, such list of Open Source Licenses may be amended from time to time by Applitools, at its sole discretion. In the event of any inconsistencies or conflicting provisions between the provisions of the Open Source Licenses and the provisions of this Agreement, the provisions of the Open Source Licenses shall prevail. Without derogating from the generality of the foregoing, it is clarified that any Open Source Software is provided on an “AS IS” basis, without indemnity or warranty of any kind, whether express or implied. For clarity, the representations and warranties set forth in Section ‎4 hereunder shall not apply to any Open Source Software.\n1. Title & Ownership. APPLITOOLS DOES NOT SELL OR TRANSFER TITLE IN THE SOFTWARE, OR ANY PART THEREOF, TO LICENSEE. The Documentation, Software (excluding any Open Source Software and Third Party Software therein which are owned by their respective licensors) and/or any copies thereof, including without limitation any derivative works made (regardless of whether such derivative works were made and/or developed pursuant to the request and/or specifications of Licensee, and irrespective of any support and/or assistance Applitools may, will or had received from Licensee, or any third party on its behalf, with respect thereto), as well as any updates or upgrades thereto, if provided to Applitools pursuant to this Agreement, shall remain Applitools’ sole and exclusive property. All Intellectual Property Rights evidenced by or embodied in and/or attached/connected/related to the Software, or part thereof, are and shall be owned solely and exclusively by Applitools. Nothing in this Agreement shall constitute a waiver of Applitools’ Intellectual Property Rights under any law, or be in any way construed or interpreted as such. It is further agreed that to the extent Licensee provides Applitools with Feedback, Licensee acknowledges that any and all rights, including Intellectual Property Rights in such Feedback shall belong exclusively to Applitools and Licensee hereby irrevocably and unconditionally transfers and assigns to Applitools all intellectual property rights in such Feedback and waives any and all moral rights that Licensee may have in respect thereto. It is further understood that use of Feedback, if any, may be made by Applitools at its sole discretion, and that Applitools in no way shall be obliged to make use of any kind of the Feedback or part thereof. \n1. Warranty. Applitools warrants that to its knowledge it has the right to grant the license under this Agreement. Applitools’ sole liability for any breach of this warranty or any other warranty under this Agreement shall be, at Applitools’ sole discretion: (i) to replace or repair the Software or the applicable portion thereof; or (ii) to terminate this Agreement.\n2. Warranty Exclusions. The warranties set forth in Section ‎4 are contingent upon Licensee’s proper use of the Software, and shall not apply to damage caused by abuse, misuse, alteration, neglect or unauthorized repair or installation, or by the use or attempted use of Software other than that supplied and supported by Applitools. Applitools will use reasonable commercial efforts to repair or replace the Software or the applicable portion thereof, pursuant to the foregoing warranty within thirty (30) days of being so notified.\n1. Warranty Disclaimers. AS BETWEEN LICENSEE AND APPLITOOLS, EXCEPT AS SET IN SECTION ‎4, THE SOFTWARE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND INCLUDING, WITHOUT LIMITATION, REPRESENTATIONS, WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR INTENDED OR PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, THAT THE SOFTWARE WILL MEET LICENSEE’S REQUIREMENTS OR EXPECTATIONS OR WILL ACHIEVE ANY SPECIFIC RESULTS AND THOSE ARISING BY STATUTE OR FROM A COURSE OF DEALING OR USAGE OF TRADE. Applicable law may not allow the exclusion of certain warranties, so to that extent such exclusions may not apply.\n1. High Risk Activities. You acknowledge that the Software is not fault tolerant and is not designed, manufactured, or intended for use or resale as on-line control equipment in hazardous or high risk environments and activities requiring fail-safe performance (such as in the operation of nuclear facilities, aircraft navigation or communication systems, air traffic control, direct life support machines and/or devices, or weapons systems) in which the failure of the Software could lead directly to death, personal injury, or severe physical or environmental damage, and You agree not to use or allow the use of the Software or any portion thereof for, or in connection with, any such environment or activity.\n1. Indemnify. You agree that Applitools shall have no liability whatsoever for any use made of the Software by You or any third party. You hereby agree to defend, indemnify and hold harmless Applitools and its affiliates and their respective officers, directors, agents and employees from any and all claims, damages, liabilities, costs, and expenses (including attorney’s fees) arising from claims related to Your use of the Software as well as from Your failure to comply with this Agreement.\n1. Limitation of Liability. UNDER NO CIRCUMSTANCES SHALL APPLITOOLS AND/OR ITS AFFILIATES BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, OR FOR ANY LOSS OF DATA, REVENUE, BUSINESS OR REPUTATION, THAT ARISES UNDER OR IN CONNECTION WITH THIS AGREEMENT, OR THAT RESULTS FROM THE USE OF, OR THE INABILITY TO USE, THE SOFTWARE. APPLITOOLS’S TOTAL AGGREGATE LIABILITY FOR ANY AND ALL DIRECT DAMAGES AND LOSSES THAT ARISE UNDER OR IN CONNECTION WITH THIS AGREEMENT SHALL NOT IN ANY CIRCUMSTANCE EXCEED THE AMOUNT OF 100.00 (ONE HUNDRED) UNITED STATES DOLLARS. THE FOREGOING LIMITATIONS AND EXCLUSIONS IN THIS SECTION ‎7 SHALL APPLY: (I) EVEN IF APPLITOOLS HAS BEEN ADVISED OF THE POSSIBILITY OF ANY DAMAGES OR LOSSES; (II) EVEN IF ANY REMEDY SET FORTH HEREIN FAILS OF ITS ESSENTIAL PURPOSE; AND (III) REGARDLESS OF THE BASIS OR THEORY OF LIABILITY.\n1. Export Laws. Licensee agrees to comply fully with all U.S., EU, Israeli, and all applicable export laws and regulations to ensure that neither the Software nor any technical data related thereto are exported or re-exported directly or indirectly in violation of, or used for any purposes prohibited by, such laws and regulations. For clarity, and without derogating from Section ‎11 below, in case of any change of any applicable law, policy or regulation, which might affect Applitools’ business, Applitools will have the right to terminate this Agreement and the license granted hereunder and the Licensee shall have no claims regarding such termination. \n1. Term and Termination. This Agreement shall continue until terminated as set forth in this section (the “Term”). You may terminate this Agreement at any time by removing the Software from Your system and destroying all copies of the Software and Documentation relating to the Software. Unauthorized copying of the Software or otherwise failing to comply with this Agreement will result in automatic immediate termination of this Agreement and will make available to Applitools legal remedies. Applitools reserves the right to terminate this Agreement and the License at any time and without notice. Upon termination of this Agreement, the License will terminate and You: (i) will cease any and all rights to use the Software, and (ii) will remove the Software from all hard drives, networks and other storage media and destroy all copies of the Software in your possession or under your control. 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This Agreement are governed by and construed under the laws of the State of Israel, excluding its conflicts of law rules. You expressly agree that the exclusive jurisdiction for any claim or action arising out of or relating to this Agreement shall be the courts located in Tel Aviv, Israel, and You further agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action. 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BY INSTALLING, ACCESSING AND/OR USING THE SOFTWARE (AS DEFINED BELOW), YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOU, OR THE COMPANY YOU REPRESENT, (“YOU” OR “LICENSEE”) ARE ENTERING INTO A LEGAL AGREEMENT WITH APPLITOOLS LTD. AND ITS AFFILIATES (“APPLITOOLS”), AND HAVE UNDERSTOOD AND AGREE TO COMPLY WITH, AND BE LEGALLY BOUND BY, THE TERMS AND CONDITIONS OF THIS AGREEMENT. YOU HEREBY WAIVE ANY RIGHTS OR REQUIREMENTS UNDER ANY LAWS OR REGULATIONS IN ANY JURISDICTION WHICH REQUIRE AN ORIGINAL (NON-ELECTRONIC) SIGNATURE OR DELIVERY OR RETENTION OF NON-ELECTRONIC RECORDS, TO THE EXTENT PERMITTED UNDER APPLICABLE LAW. \nTHE SOFTWARE MAY BE USED SOLELY FOR YOUR PERSONAL, NON-COMMERCIAL PURPOSES. FOR COMMERCIAL PURPOSES PLEASE CONTACT THE REGIONAL APPLITOOLS BUSINESS REPRESENTATIVE. \n1. Definitions. For purposes of this Agreement, the following capitalized terms shall have the following meaning:\n   1. “Documentation” means the user’s guides and technical manuals delivered by Applitools to Licensee.\n   2.  “Feedback” means suggestions, comments or feedback (whether orally or in writing) with respect to the Software.\n   3. “Intellectual Property Rights” means all intangible legal rights, titles and interests evidenced by or embodied in all: (i) inventions (regardless of patentability and whether or not reduced to practice), improvements thereto, patents, patent applications, patent disclosures, together with all reissuances, continuations, continuations in part, revisions, extensions and reexaminations thereof; (ii) trademarks, service marks, trade dress, logos, trade names, corporate names, together with translations, adaptations, derivations and combinations thereof, including goodwill associated therewith, and applications, registrations, and renewals in connection therewith; (iii) any work of authorship, regardless of copyrightable, copyrightable works, copyrights (including moral rights), and applications, registrations and renewals in connection therewith; (iv) mask works and applications, registrations and renewals in connection therewith; (v) trade secrets and Confidential Information; and (vi) other proprietary rights and any other similar rights, in each case on a worldwide basis, and copies and tangible embodiments thereof, in whatever form or medium.\n   4. “License” means the right to use the Software pursuant to Section ‎2.1 to this Agreement.\n   5.  “Software” means Applitools’ software development kit software in object or source code version, Documentation and any updates and upgrade thereto (to the extent delivered).\n1. License\n   1. Grant of License. Subject to the terms and conditions of this Agreement, Applitools grants You, during the Term, a personal, non-exclusive, non-sublicensable, non-transferable, revocable license to: (i) use the Software solely for Your own personal (non-commercial) use and (ii) use and display Applitools’ Marks solely for the purpose of publicizing or advertising that You are using the Software. \n   2. Documentation. Applitools may make available Documentation to Licensee for Licensee to use solely in connection with Licensee’s use of the Software during the term of this Agreement. Licensee may print or copy the Documentation as needed for its own purposes provided that all copyright notices are included therein. The Documentation shall be considered the Confidential Information of Applitools. \n   1. Reservation of Rights; Use Restrictions. Other than the rights explicitly granted in this Agreement, Licensee shall have no other rights, express or implied, in the Software. Without limiting the generality of the foregoing, Licensee agrees and undertakes not to: (i) allow any third party to use the Software in any manner, including but not limited to, sell, lease, sublicense or distribute the Software, or any part thereof; (ii) modify, revise, or alter the Software or reverse engineer, decompile, disassemble or otherwise reduce to human-perceivable form the Software’s source code; (iii) copy or allow copies of the Software to be made; (iv) remove, alter or obscure any proprietary notice or identification, including copyright, trademark, patent or other notices, contained in or displayed on or via the Software; (v) use the Software to violate any applicable laws, rules or regulations, or for any unlawful, harmful, irresponsible, or inappropriate purpose, or in any manner that breaches this Agreement, and/or (vi) represent that it possesses any proprietary interest in the Software.\n   1. Third Party Software. Licensee acknowledges and agrees that any third party software (“Third Party Software”) that provided with the Software is provided under the terms of the license attached/linked thereto or, if no such license is attached, such Third Party Software is provided for free and on “AS IS” basis. Applitools is not liable for any losses or damages which may occur resulting from the use of any Third Party Software. Applitools does not possess any proprietary interest in such Third Party Software. \n   1. Open Source Licenses. The Software includes certain open source code software and materials (as shall be listed in the documentation of the Software) (“Open Source Software”) that are subject to their respective open source licenses (“Open Source Licenses”). Such Open Source Licenses contain a list of conditions with respect to warranty, copyright policy and other provisions. By executing this Agreement, Licensee undertakes to strictly comply with the terms and condition of the Open Source Licenses, as may be amended from time to time. In order to comply with the Open Source Licenses, Licensee shall read the respective licenses or notices, such list of Open Source Licenses may be amended from time to time by Applitools, at its sole discretion. In the event of any inconsistencies or conflicting provisions between the provisions of the Open Source Licenses and the provisions of this Agreement, the provisions of the Open Source Licenses shall prevail. Without derogating from the generality of the foregoing, it is clarified that any Open Source Software is provided on an “AS IS” basis, without indemnity or warranty of any kind, whether express or implied. For clarity, the representations and warranties set forth in Section ‎4 hereunder shall not apply to any Open Source Software.\n1. Title & Ownership. APPLITOOLS DOES NOT SELL OR TRANSFER TITLE IN THE SOFTWARE, OR ANY PART THEREOF, TO LICENSEE. The Documentation, Software (excluding any Open Source Software and Third Party Software therein which are owned by their respective licensors) and/or any copies thereof, including without limitation any derivative works made (regardless of whether such derivative works were made and/or developed pursuant to the request and/or specifications of Licensee, and irrespective of any support and/or assistance Applitools may, will or had received from Licensee, or any third party on its behalf, with respect thereto), as well as any updates or upgrades thereto, if provided to Applitools pursuant to this Agreement, shall remain Applitools’ sole and exclusive property. All Intellectual Property Rights evidenced by or embodied in and/or attached/connected/related to the Software, or part thereof, are and shall be owned solely and exclusively by Applitools. Nothing in this Agreement shall constitute a waiver of Applitools’ Intellectual Property Rights under any law, or be in any way construed or interpreted as such. It is further agreed that to the extent Licensee provides Applitools with Feedback, Licensee acknowledges that any and all rights, including Intellectual Property Rights in such Feedback shall belong exclusively to Applitools and Licensee hereby irrevocably and unconditionally transfers and assigns to Applitools all intellectual property rights in such Feedback and waives any and all moral rights that Licensee may have in respect thereto. It is further understood that use of Feedback, if any, may be made by Applitools at its sole discretion, and that Applitools in no way shall be obliged to make use of any kind of the Feedback or part thereof. \n1. Warranty. Applitools warrants that to its knowledge it has the right to grant the license under this Agreement. Applitools’ sole liability for any breach of this warranty or any other warranty under this Agreement shall be, at Applitools’ sole discretion: (i) to replace or repair the Software or the applicable portion thereof; or (ii) to terminate this Agreement.\n2. Warranty Exclusions. The warranties set forth in Section ‎4 are contingent upon Licensee’s proper use of the Software, and shall not apply to damage caused by abuse, misuse, alteration, neglect or unauthorized repair or installation, or by the use or attempted use of Software other than that supplied and supported by Applitools. Applitools will use reasonable commercial efforts to repair or replace the Software or the applicable portion thereof, pursuant to the foregoing warranty within thirty (30) days of being so notified.\n1. Warranty Disclaimers. AS BETWEEN LICENSEE AND APPLITOOLS, EXCEPT AS SET IN SECTION ‎4, THE SOFTWARE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND INCLUDING, WITHOUT LIMITATION, REPRESENTATIONS, WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR INTENDED OR PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, THAT THE SOFTWARE WILL MEET LICENSEE’S REQUIREMENTS OR EXPECTATIONS OR WILL ACHIEVE ANY SPECIFIC RESULTS AND THOSE ARISING BY STATUTE OR FROM A COURSE OF DEALING OR USAGE OF TRADE. Applicable law may not allow the exclusion of certain warranties, so to that extent such exclusions may not apply.\n1. High Risk Activities. You acknowledge that the Software is not fault tolerant and is not designed, manufactured, or intended for use or resale as on-line control equipment in hazardous or high risk environments and activities requiring fail-safe performance (such as in the operation of nuclear facilities, aircraft navigation or communication systems, air traffic control, direct life support machines and/or devices, or weapons systems) in which the failure of the Software could lead directly to death, personal injury, or severe physical or environmental damage, and You agree not to use or allow the use of the Software or any portion thereof for, or in connection with, any such environment or activity.\n1. Indemnify. You agree that Applitools shall have no liability whatsoever for any use made of the Software by You or any third party. You hereby agree to defend, indemnify and hold harmless Applitools and its affiliates and their respective officers, directors, agents and employees from any and all claims, damages, liabilities, costs, and expenses (including attorney’s fees) arising from claims related to Your use of the Software as well as from Your failure to comply with this Agreement.\n1. Limitation of Liability. UNDER NO CIRCUMSTANCES SHALL APPLITOOLS AND/OR ITS AFFILIATES BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, OR FOR ANY LOSS OF DATA, REVENUE, BUSINESS OR REPUTATION, THAT ARISES UNDER OR IN CONNECTION WITH THIS AGREEMENT, OR THAT RESULTS FROM THE USE OF, OR THE INABILITY TO USE, THE SOFTWARE. APPLITOOLS’S TOTAL AGGREGATE LIABILITY FOR ANY AND ALL DIRECT DAMAGES AND LOSSES THAT ARISE UNDER OR IN CONNECTION WITH THIS AGREEMENT SHALL NOT IN ANY CIRCUMSTANCE EXCEED THE AMOUNT OF 100.00 (ONE HUNDRED) UNITED STATES DOLLARS. THE FOREGOING LIMITATIONS AND EXCLUSIONS IN THIS SECTION ‎7 SHALL APPLY: (I) EVEN IF APPLITOOLS HAS BEEN ADVISED OF THE POSSIBILITY OF ANY DAMAGES OR LOSSES; (II) EVEN IF ANY REMEDY SET FORTH HEREIN FAILS OF ITS ESSENTIAL PURPOSE; AND (III) REGARDLESS OF THE BASIS OR THEORY OF LIABILITY.\n1. Export Laws. Licensee agrees to comply fully with all U.S., EU, Israeli, and all applicable export laws and regulations to ensure that neither the Software nor any technical data related thereto are exported or re-exported directly or indirectly in violation of, or used for any purposes prohibited by, such laws and regulations. For clarity, and without derogating from Section ‎11 below, in case of any change of any applicable law, policy or regulation, which might affect Applitools’ business, Applitools will have the right to terminate this Agreement and the license granted hereunder and the Licensee shall have no claims regarding such termination. \n1. Term and Termination. This Agreement shall continue until terminated as set forth in this section (the “Term”). You may terminate this Agreement at any time by removing the Software from Your system and destroying all copies of the Software and Documentation relating to the Software. Unauthorized copying of the Software or otherwise failing to comply with this Agreement will result in automatic immediate termination of this Agreement and will make available to Applitools legal remedies. Applitools reserves the right to terminate this Agreement and the License at any time and without notice. Upon termination of this Agreement, the License will terminate and You: (i) will cease any and all rights to use the Software, and (ii) will remove the Software from all hard drives, networks and other storage media and destroy all copies of the Software in your possession or under your control. The provisions of Sections ‎2.3, ‎2.4, ‎2.5, ‎6, ‎7, ‎8, ‎9, 10, ‎11 and ‎12 shall survive the termination, expiration or other ending of this Agreement.\n1. Miscellaneous. This Agreement represents the complete agreement concerning the Software between You and Applitools and supersedes all prior agreements and representations between You and Applitools. If any provision of this Agreement is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable. Any waiver of any provision of this Agreement will be effective only if in writing and signed by Applitools. This Agreement is personal to You and may not be assigned or transferred for any reason whatsoever without the consent of Applitools and any action or conduct in violation of the foregoing shall be void and without effect. Applitools expressly reserves the right to assign this Agreement and to delegate any of its obligations hereunder. This Agreement are governed by and construed under the laws of the State of Israel, excluding its conflicts of law rules. You expressly agree that the exclusive jurisdiction for any claim or action arising out of or relating to this Agreement shall be the courts located in Tel Aviv, Israel, and You further agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action. 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BY INSTALLING, ACCESSING AND/OR USING THE SOFTWARE (AS DEFINED BELOW), YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOU, OR THE COMPANY YOU REPRESENT, (“YOU” OR “LICENSEE”) ARE ENTERING INTO A LEGAL AGREEMENT WITH APPLITOOLS LTD. AND ITS AFFILIATES (“APPLITOOLS”), AND HAVE UNDERSTOOD AND AGREE TO COMPLY WITH, AND BE LEGALLY BOUND BY, THE TERMS AND CONDITIONS OF THIS AGREEMENT. YOU HEREBY WAIVE ANY RIGHTS OR REQUIREMENTS UNDER ANY LAWS OR REGULATIONS IN ANY JURISDICTION WHICH REQUIRE AN ORIGINAL (NON-ELECTRONIC) SIGNATURE OR DELIVERY OR RETENTION OF NON-ELECTRONIC RECORDS, TO THE EXTENT PERMITTED UNDER APPLICABLE LAW. \nTHE SOFTWARE MAY BE USED SOLELY FOR YOUR PERSONAL, NON-COMMERCIAL PURPOSES. FOR COMMERCIAL PURPOSES PLEASE CONTACT THE REGIONAL APPLITOOLS BUSINESS REPRESENTATIVE. \n1. Definitions. For purposes of this Agreement, the following capitalized terms shall have the following meaning:\n   1. “Documentation” means the user’s guides and technical manuals delivered by Applitools to Licensee.\n   2.  “Feedback” means suggestions, comments or feedback (whether orally or in writing) with respect to the Software.\n   3. “Intellectual Property Rights” means all intangible legal rights, titles and interests evidenced by or embodied in all: (i) inventions (regardless of patentability and whether or not reduced to practice), improvements thereto, patents, patent applications, patent disclosures, together with all reissuances, continuations, continuations in part, revisions, extensions and reexaminations thereof; (ii) trademarks, service marks, trade dress, logos, trade names, corporate names, together with translations, adaptations, derivations and combinations thereof, including goodwill associated therewith, and applications, registrations, and renewals in connection therewith; (iii) any work of authorship, regardless of copyrightable, copyrightable works, copyrights (including moral rights), and applications, registrations and renewals in connection therewith; (iv) mask works and applications, registrations and renewals in connection therewith; (v) trade secrets and Confidential Information; and (vi) other proprietary rights and any other similar rights, in each case on a worldwide basis, and copies and tangible embodiments thereof, in whatever form or medium.\n   4. “License” means the right to use the Software pursuant to Section ‎2.1 to this Agreement.\n   5.  “Software” means Applitools’ software development kit software in object or source code version, Documentation and any updates and upgrade thereto (to the extent delivered).\n1. License\n   1. Grant of License. Subject to the terms and conditions of this Agreement, Applitools grants You, during the Term, a personal, non-exclusive, non-sublicensable, non-transferable, revocable license to: (i) use the Software solely for Your own personal (non-commercial) use and (ii) use and display Applitools’ Marks solely for the purpose of publicizing or advertising that You are using the Software. \n   2. Documentation. Applitools may make available Documentation to Licensee for Licensee to use solely in connection with Licensee’s use of the Software during the term of this Agreement. Licensee may print or copy the Documentation as needed for its own purposes provided that all copyright notices are included therein. The Documentation shall be considered the Confidential Information of Applitools. \n   1. Reservation of Rights; Use Restrictions. Other than the rights explicitly granted in this Agreement, Licensee shall have no other rights, express or implied, in the Software. Without limiting the generality of the foregoing, Licensee agrees and undertakes not to: (i) allow any third party to use the Software in any manner, including but not limited to, sell, lease, sublicense or distribute the Software, or any part thereof; (ii) modify, revise, or alter the Software or reverse engineer, decompile, disassemble or otherwise reduce to human-perceivable form the Software’s source code; (iii) copy or allow copies of the Software to be made; (iv) remove, alter or obscure any proprietary notice or identification, including copyright, trademark, patent or other notices, contained in or displayed on or via the Software; (v) use the Software to violate any applicable laws, rules or regulations, or for any unlawful, harmful, irresponsible, or inappropriate purpose, or in any manner that breaches this Agreement, and/or (vi) represent that it possesses any proprietary interest in the Software.\n   1. Third Party Software. Licensee acknowledges and agrees that any third party software (“Third Party Software”) that provided with the Software is provided under the terms of the license attached/linked thereto or, if no such license is attached, such Third Party Software is provided for free and on “AS IS” basis. Applitools is not liable for any losses or damages which may occur resulting from the use of any Third Party Software. Applitools does not possess any proprietary interest in such Third Party Software. \n   1. Open Source Licenses. The Software includes certain open source code software and materials (as shall be listed in the documentation of the Software) (“Open Source Software”) that are subject to their respective open source licenses (“Open Source Licenses”). Such Open Source Licenses contain a list of conditions with respect to warranty, copyright policy and other provisions. By executing this Agreement, Licensee undertakes to strictly comply with the terms and condition of the Open Source Licenses, as may be amended from time to time. In order to comply with the Open Source Licenses, Licensee shall read the respective licenses or notices, such list of Open Source Licenses may be amended from time to time by Applitools, at its sole discretion. In the event of any inconsistencies or conflicting provisions between the provisions of the Open Source Licenses and the provisions of this Agreement, the provisions of the Open Source Licenses shall prevail. Without derogating from the generality of the foregoing, it is clarified that any Open Source Software is provided on an “AS IS” basis, without indemnity or warranty of any kind, whether express or implied. For clarity, the representations and warranties set forth in Section ‎4 hereunder shall not apply to any Open Source Software.\n1. Title & Ownership. APPLITOOLS DOES NOT SELL OR TRANSFER TITLE IN THE SOFTWARE, OR ANY PART THEREOF, TO LICENSEE. The Documentation, Software (excluding any Open Source Software and Third Party Software therein which are owned by their respective licensors) and/or any copies thereof, including without limitation any derivative works made (regardless of whether such derivative works were made and/or developed pursuant to the request and/or specifications of Licensee, and irrespective of any support and/or assistance Applitools may, will or had received from Licensee, or any third party on its behalf, with respect thereto), as well as any updates or upgrades thereto, if provided to Applitools pursuant to this Agreement, shall remain Applitools’ sole and exclusive property. All Intellectual Property Rights evidenced by or embodied in and/or attached/connected/related to the Software, or part thereof, are and shall be owned solely and exclusively by Applitools. Nothing in this Agreement shall constitute a waiver of Applitools’ Intellectual Property Rights under any law, or be in any way construed or interpreted as such. It is further agreed that to the extent Licensee provides Applitools with Feedback, Licensee acknowledges that any and all rights, including Intellectual Property Rights in such Feedback shall belong exclusively to Applitools and Licensee hereby irrevocably and unconditionally transfers and assigns to Applitools all intellectual property rights in such Feedback and waives any and all moral rights that Licensee may have in respect thereto. It is further understood that use of Feedback, if any, may be made by Applitools at its sole discretion, and that Applitools in no way shall be obliged to make use of any kind of the Feedback or part thereof. \n1. Warranty. Applitools warrants that to its knowledge it has the right to grant the license under this Agreement. Applitools’ sole liability for any breach of this warranty or any other warranty under this Agreement shall be, at Applitools’ sole discretion: (i) to replace or repair the Software or the applicable portion thereof; or (ii) to terminate this Agreement.\n2. Warranty Exclusions. The warranties set forth in Section ‎4 are contingent upon Licensee’s proper use of the Software, and shall not apply to damage caused by abuse, misuse, alteration, neglect or unauthorized repair or installation, or by the use or attempted use of Software other than that supplied and supported by Applitools. Applitools will use reasonable commercial efforts to repair or replace the Software or the applicable portion thereof, pursuant to the foregoing warranty within thirty (30) days of being so notified.\n1. Warranty Disclaimers. AS BETWEEN LICENSEE AND APPLITOOLS, EXCEPT AS SET IN SECTION ‎4, THE SOFTWARE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND INCLUDING, WITHOUT LIMITATION, REPRESENTATIONS, WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR INTENDED OR PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, THAT THE SOFTWARE WILL MEET LICENSEE’S REQUIREMENTS OR EXPECTATIONS OR WILL ACHIEVE ANY SPECIFIC RESULTS AND THOSE ARISING BY STATUTE OR FROM A COURSE OF DEALING OR USAGE OF TRADE. Applicable law may not allow the exclusion of certain warranties, so to that extent such exclusions may not apply.\n1. High Risk Activities. You acknowledge that the Software is not fault tolerant and is not designed, manufactured, or intended for use or resale as on-line control equipment in hazardous or high risk environments and activities requiring fail-safe performance (such as in the operation of nuclear facilities, aircraft navigation or communication systems, air traffic control, direct life support machines and/or devices, or weapons systems) in which the failure of the Software could lead directly to death, personal injury, or severe physical or environmental damage, and You agree not to use or allow the use of the Software or any portion thereof for, or in connection with, any such environment or activity.\n1. Indemnify. You agree that Applitools shall have no liability whatsoever for any use made of the Software by You or any third party. You hereby agree to defend, indemnify and hold harmless Applitools and its affiliates and their respective officers, directors, agents and employees from any and all claims, damages, liabilities, costs, and expenses (including attorney’s fees) arising from claims related to Your use of the Software as well as from Your failure to comply with this Agreement.\n1. Limitation of Liability. UNDER NO CIRCUMSTANCES SHALL APPLITOOLS AND/OR ITS AFFILIATES BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, OR FOR ANY LOSS OF DATA, REVENUE, BUSINESS OR REPUTATION, THAT ARISES UNDER OR IN CONNECTION WITH THIS AGREEMENT, OR THAT RESULTS FROM THE USE OF, OR THE INABILITY TO USE, THE SOFTWARE. APPLITOOLS’S TOTAL AGGREGATE LIABILITY FOR ANY AND ALL DIRECT DAMAGES AND LOSSES THAT ARISE UNDER OR IN CONNECTION WITH THIS AGREEMENT SHALL NOT IN ANY CIRCUMSTANCE EXCEED THE AMOUNT OF 100.00 (ONE HUNDRED) UNITED STATES DOLLARS. THE FOREGOING LIMITATIONS AND EXCLUSIONS IN THIS SECTION ‎7 SHALL APPLY: (I) EVEN IF APPLITOOLS HAS BEEN ADVISED OF THE POSSIBILITY OF ANY DAMAGES OR LOSSES; (II) EVEN IF ANY REMEDY SET FORTH HEREIN FAILS OF ITS ESSENTIAL PURPOSE; AND (III) REGARDLESS OF THE BASIS OR THEORY OF LIABILITY.\n1. Export Laws. Licensee agrees to comply fully with all U.S., EU, Israeli, and all applicable export laws and regulations to ensure that neither the Software nor any technical data related thereto are exported or re-exported directly or indirectly in violation of, or used for any purposes prohibited by, such laws and regulations. For clarity, and without derogating from Section ‎11 below, in case of any change of any applicable law, policy or regulation, which might affect Applitools’ business, Applitools will have the right to terminate this Agreement and the license granted hereunder and the Licensee shall have no claims regarding such termination. \n1. Term and Termination. This Agreement shall continue until terminated as set forth in this section (the “Term”). You may terminate this Agreement at any time by removing the Software from Your system and destroying all copies of the Software and Documentation relating to the Software. Unauthorized copying of the Software or otherwise failing to comply with this Agreement will result in automatic immediate termination of this Agreement and will make available to Applitools legal remedies. Applitools reserves the right to terminate this Agreement and the License at any time and without notice. Upon termination of this Agreement, the License will terminate and You: (i) will cease any and all rights to use the Software, and (ii) will remove the Software from all hard drives, networks and other storage media and destroy all copies of the Software in your possession or under your control. 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This Agreement are governed by and construed under the laws of the State of Israel, excluding its conflicts of law rules. You expressly agree that the exclusive jurisdiction for any claim or action arising out of or relating to this Agreement shall be the courts located in Tel Aviv, Israel, and You further agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action. 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AGREEMENT\nIMPORTANT - PLEASE READ CAREFULLY THE TERMS OF THIS LICENSE AGREEMENT (“AGREEMENT”). BY INSTALLING, ACCESSING AND/OR USING THE SOFTWARE (AS DEFINED BELOW), YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOU, OR THE COMPANY YOU REPRESENT, (“YOU” OR “LICENSEE”) ARE ENTERING INTO A LEGAL AGREEMENT WITH APPLITOOLS LTD. AND ITS AFFILIATES (“APPLITOOLS”), AND HAVE UNDERSTOOD AND AGREE TO COMPLY WITH, AND BE LEGALLY BOUND BY, THE TERMS AND CONDITIONS OF THIS AGREEMENT. YOU HEREBY WAIVE ANY RIGHTS OR REQUIREMENTS UNDER ANY LAWS OR REGULATIONS IN ANY JURISDICTION WHICH REQUIRE AN ORIGINAL (NON-ELECTRONIC) SIGNATURE OR DELIVERY OR RETENTION OF NON-ELECTRONIC RECORDS, TO THE EXTENT PERMITTED UNDER APPLICABLE LAW. \nTHE SOFTWARE MAY BE USED SOLELY FOR YOUR PERSONAL, NON-COMMERCIAL PURPOSES. FOR COMMERCIAL PURPOSES PLEASE CONTACT THE REGIONAL APPLITOOLS BUSINESS REPRESENTATIVE. \n1. Definitions. For purposes of this Agreement, the following capitalized terms shall have the following meaning:\n   1. “Documentation” means the user’s guides and technical manuals delivered by Applitools to Licensee.\n   2.  “Feedback” means suggestions, comments or feedback (whether orally or in writing) with respect to the Software.\n   3. “Intellectual Property Rights” means all intangible legal rights, titles and interests evidenced by or embodied in all: (i) inventions (regardless of patentability and whether or not reduced to practice), improvements thereto, patents, patent applications, patent disclosures, together with all reissuances, continuations, continuations in part, revisions, extensions and reexaminations thereof; (ii) trademarks, service marks, trade dress, logos, trade names, corporate names, together with translations, adaptations, derivations and combinations thereof, including goodwill associated therewith, and applications, registrations, and renewals in connection therewith; (iii) any work of authorship, regardless of copyrightable, copyrightable works, copyrights (including moral rights), and applications, registrations and renewals in connection therewith; (iv) mask works and applications, registrations and renewals in connection therewith; (v) trade secrets and Confidential Information; and (vi) other proprietary rights and any other similar rights, in each case on a worldwide basis, and copies and tangible embodiments thereof, in whatever form or medium.\n   4. “License” means the right to use the Software pursuant to Section ‎2.1 to this Agreement.\n   5.  “Software” means Applitools’ software development kit software in object or source code version, Documentation and any updates and upgrade thereto (to the extent delivered).\n1. 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Licensee acknowledges and agrees that any third party software (“Third Party Software”) that provided with the Software is provided under the terms of the license attached/linked thereto or, if no such license is attached, such Third Party Software is provided for free and on “AS IS” basis. Applitools is not liable for any losses or damages which may occur resulting from the use of any Third Party Software. Applitools does not possess any proprietary interest in such Third Party Software. \n   1. Open Source Licenses. The Software includes certain open source code software and materials (as shall be listed in the documentation of the Software) (“Open Source Software”) that are subject to their respective open source licenses (“Open Source Licenses”). Such Open Source Licenses contain a list of conditions with respect to warranty, copyright policy and other provisions. By executing this Agreement, Licensee undertakes to strictly comply with the terms and condition of the Open Source Licenses, as may be amended from time to time. In order to comply with the Open Source Licenses, Licensee shall read the respective licenses or notices, such list of Open Source Licenses may be amended from time to time by Applitools, at its sole discretion. In the event of any inconsistencies or conflicting provisions between the provisions of the Open Source Licenses and the provisions of this Agreement, the provisions of the Open Source Licenses shall prevail. Without derogating from the generality of the foregoing, it is clarified that any Open Source Software is provided on an “AS IS” basis, without indemnity or warranty of any kind, whether express or implied. For clarity, the representations and warranties set forth in Section ‎4 hereunder shall not apply to any Open Source Software.\n1. Title & Ownership. APPLITOOLS DOES NOT SELL OR TRANSFER TITLE IN THE SOFTWARE, OR ANY PART THEREOF, TO LICENSEE. The Documentation, Software (excluding any Open Source Software and Third Party Software therein which are owned by their respective licensors) and/or any copies thereof, including without limitation any derivative works made (regardless of whether such derivative works were made and/or developed pursuant to the request and/or specifications of Licensee, and irrespective of any support and/or assistance Applitools may, will or had received from Licensee, or any third party on its behalf, with respect thereto), as well as any updates or upgrades thereto, if provided to Applitools pursuant to this Agreement, shall remain Applitools’ sole and exclusive property. All Intellectual Property Rights evidenced by or embodied in and/or attached/connected/related to the Software, or part thereof, are and shall be owned solely and exclusively by Applitools. Nothing in this Agreement shall constitute a waiver of Applitools’ Intellectual Property Rights under any law, or be in any way construed or interpreted as such. It is further agreed that to the extent Licensee provides Applitools with Feedback, Licensee acknowledges that any and all rights, including Intellectual Property Rights in such Feedback shall belong exclusively to Applitools and Licensee hereby irrevocably and unconditionally transfers and assigns to Applitools all intellectual property rights in such Feedback and waives any and all moral rights that Licensee may have in respect thereto. It is further understood that use of Feedback, if any, may be made by Applitools at its sole discretion, and that Applitools in no way shall be obliged to make use of any kind of the Feedback or part thereof. \n1. Warranty. Applitools warrants that to its knowledge it has the right to grant the license under this Agreement. Applitools’ sole liability for any breach of this warranty or any other warranty under this Agreement shall be, at Applitools’ sole discretion: (i) to replace or repair the Software or the applicable portion thereof; or (ii) to terminate this Agreement.\n2. Warranty Exclusions. The warranties set forth in Section ‎4 are contingent upon Licensee’s proper use of the Software, and shall not apply to damage caused by abuse, misuse, alteration, neglect or unauthorized repair or installation, or by the use or attempted use of Software other than that supplied and supported by Applitools. Applitools will use reasonable commercial efforts to repair or replace the Software or the applicable portion thereof, pursuant to the foregoing warranty within thirty (30) days of being so notified.\n1. Warranty Disclaimers. AS BETWEEN LICENSEE AND APPLITOOLS, EXCEPT AS SET IN SECTION ‎4, THE SOFTWARE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND INCLUDING, WITHOUT LIMITATION, REPRESENTATIONS, WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR INTENDED OR PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, THAT THE SOFTWARE WILL MEET LICENSEE’S REQUIREMENTS OR EXPECTATIONS OR WILL ACHIEVE ANY SPECIFIC RESULTS AND THOSE ARISING BY STATUTE OR FROM A COURSE OF DEALING OR USAGE OF TRADE. Applicable law may not allow the exclusion of certain warranties, so to that extent such exclusions may not apply.\n1. High Risk Activities. You acknowledge that the Software is not fault tolerant and is not designed, manufactured, or intended for use or resale as on-line control equipment in hazardous or high risk environments and activities requiring fail-safe performance (such as in the operation of nuclear facilities, aircraft navigation or communication systems, air traffic control, direct life support machines and/or devices, or weapons systems) in which the failure of the Software could lead directly to death, personal injury, or severe physical or environmental damage, and You agree not to use or allow the use of the Software or any portion thereof for, or in connection with, any such environment or activity.\n1. Indemnify. You agree that Applitools shall have no liability whatsoever for any use made of the Software by You or any third party. You hereby agree to defend, indemnify and hold harmless Applitools and its affiliates and their respective officers, directors, agents and employees from any and all claims, damages, liabilities, costs, and expenses (including attorney’s fees) arising from claims related to Your use of the Software as well as from Your failure to comply with this Agreement.\n1. Limitation of Liability. UNDER NO CIRCUMSTANCES SHALL APPLITOOLS AND/OR ITS AFFILIATES BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, OR FOR ANY LOSS OF DATA, REVENUE, BUSINESS OR REPUTATION, THAT ARISES UNDER OR IN CONNECTION WITH THIS AGREEMENT, OR THAT RESULTS FROM THE USE OF, OR THE INABILITY TO USE, THE SOFTWARE. APPLITOOLS’S TOTAL AGGREGATE LIABILITY FOR ANY AND ALL DIRECT DAMAGES AND LOSSES THAT ARISE UNDER OR IN CONNECTION WITH THIS AGREEMENT SHALL NOT IN ANY CIRCUMSTANCE EXCEED THE AMOUNT OF 100.00 (ONE HUNDRED) UNITED STATES DOLLARS. 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The provisions of Sections ‎2.3, ‎2.4, ‎2.5, ‎6, ‎7, ‎8, ‎9, 10, ‎11 and ‎12 shall survive the termination, expiration or other ending of this Agreement.\n1. Miscellaneous. This Agreement represents the complete agreement concerning the Software between You and Applitools and supersedes all prior agreements and representations between You and Applitools. If any provision of this Agreement is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable. Any waiver of any provision of this Agreement will be effective only if in writing and signed by Applitools. This Agreement is personal to You and may not be assigned or transferred for any reason whatsoever without the consent of Applitools and any action or conduct in violation of the foregoing shall be void and without effect. Applitools expressly reserves the right to assign this Agreement and to delegate any of its obligations hereunder. This Agreement are governed by and construed under the laws of the State of Israel, excluding its conflicts of law rules. You expressly agree that the exclusive jurisdiction for any claim or action arising out of or relating to this Agreement shall be the courts located in Tel Aviv, Israel, and You further agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action. In any action or proceeding to enforce rights under this Agreement, the prevailing party shall be entitled to recover costs and attorneys’ fees.","dependencies":{"ws":"7.4.6","yargs":"17.4.1","webdriver":"7.26.0","proxy-agent":"5.0.0","@applitools/core":"1.3.6","@applitools/utils":"1.3.22","@applitools/driver":"1.11.20","@applitools/logger":"1.1.36","@applitools/eyes-sdk-core":"13.11.26","@applitools/execution-grid-client":"1.1.39"},"_hasShrinkwrap":false,"devDependencies":{"pkg":"^5.6.0","husky":"^7.0.4","mocha":"^9.0.0","eslint":"^8.16.0","ts-node":"^10.0.0","prettier":"^2.6.2","@types/ws":"^7.4.4","typescript":"^4.6.4","@types/node":"12","@types/mocha":"^9.0.0","@types/yargs":"^17.0.10","@applitools/bongo":"^2.2.0","@types/http-proxy":"^1.17.9","eslint-plugin-node":"^11.1.0","selenium-webdriver":"^4.4.0","@applitools/scripts":"^1.2.0","@applitools/eyes-api":"^1.11.5","@applitools/test-utils":"^1.5.5","eslint-config-prettier":"^8.5.0","eslint-plugin-prettier":"^4.0.0","@applitools/test-server":"^1.1.16","@typescript-eslint/parser":"^5.26.0","eslint-plugin-mocha-no-only":"^1.1.1","@applitools/sdk-coverage-tests":"^2.7.8","@applitools/spec-driver-selenium":"^1.5.18","@typescript-eslint/eslint-plugin":"^5.26.0"},"_npmOperationalInternal":{"tmp":"tmp/eyes-universal_2.18.0_1672154985957_0.013636329759487031","host":"s3://npm-registry-packages"}}},"time":{"created":"2021-06-01T14:00:27.654Z","modified":"2026-06-28T14:42:03.939Z","0.0.2":"2021-06-01T14:00:29.956Z","0.0.3":"2021-06-01T14:09:10.959Z","0.1.0":"2021-06-15T12:08:18.134Z","0.1.1":"2021-08-31T13:33:03.719Z","0.1.2":"2021-09-01T09:42:49.132Z","0.1.3":"2021-09-01T11:00:50.975Z","0.1.4":"2021-09-15T14:28:49.098Z","0.1.5":"2021-09-27T08:39:20.192Z","0.2.0":"2021-11-23T14:44:09.553Z","0.2.1":"2021-12-17T00:18:30.832Z","0.2.2":"2021-12-20T21:54:08.051Z","0.2.3":"2021-12-23T00:40:54.984Z","1.0.0":"2022-01-05T13:01:53.283Z","1.0.1":"2022-01-05T15:16:06.523Z","1.0.2":"2022-01-06T09:26:18.214Z","1.0.3":"2022-01-17T17:33:59.364Z","1.0.4":"2022-01-17T17:42:47.609Z","1.0.5":"2022-01-17T17:57:45.566Z","1.0.6":"2022-01-19T09:50:55.127Z","1.0.7":"2022-02-04T17:50:25.246Z","1.0.8":"2022-02-16T10:58:10.118Z","1.0.9":"2022-02-16T12:00:27.490Z","1.1.0":"2022-02-20T13:01:01.154Z","1.1.1-beta.0":"2022-03-02T11:55:13.197Z","1.1.1-beta.1":"2022-03-03T23:08:21.812Z","1.1.1-beta.2":"2022-03-03T23:41:48.010Z","2.0.0-beta.0":"2022-03-07T11:34:56.852Z","2.0.0-beta.1":"2022-03-07T11:37:30.715Z","2.0.0":"2022-03-12T13:46:00.924Z","2.0.1":"2022-03-14T05:29:57.524Z","2.0.2":"2022-03-30T17:28:55.906Z","2.0.3":"2022-04-04T17:55:50.459Z","2.0.4":"2022-04-04T21:35:05.277Z","2.1.0":"2022-04-05T07:38:21.589Z","2.1.1":"2022-04-05T15:04:06.970Z","2.1.2":"2022-04-08T22:20:26.938Z","2.1.3":"2022-04-09T20:18:01.292Z","2.1.4":"2022-04-14T00:46:09.952Z","2.2.0":"2022-04-14T19:09:39.985Z","2.2.1":"2022-04-18T21:35:03.267Z","2.2.2":"2022-04-20T02:54:11.160Z","2.2.3":"2022-04-20T17:04:25.612Z","2.2.4":"2022-04-21T01:05:46.239Z","2.2.5":"2022-04-23T01:21:44.682Z","2.2.6":"2022-04-25T17:51:17.746Z","2.2.7":"2022-04-25T20:31:18.126Z","2.2.8":"2022-04-26T17:03:47.612Z","2.3.0":"2022-05-03T10:19:42.547Z","2.3.1":"2022-05-04T10:58:00.536Z","2.4.0":"2022-05-04T18:54:52.938Z","2.5.0":"2022-05-05T15:13:50.773Z","2.5.1":"2022-05-06T14:51:19.798Z","2.5.2":"2022-05-09T09:21:08.054Z","2.5.3":"2022-05-09T16:22:08.135Z","2.5.4":"2022-05-09T17:17:19.530Z","2.5.5":"2022-05-10T16:08:57.677Z","2.5.6":"2022-05-12T07:28:30.193Z","2.5.7":"2022-05-12T18:29:48.837Z","2.5.8":"2022-05-16T10:41:54.423Z","2.5.9":"2022-05-16T12:24:21.708Z","2.5.10":"2022-05-17T10:09:14.306Z","2.5.11":"2022-05-18T01:30:08.480Z","2.5.12":"2022-05-18T09:08:56.979Z","2.5.13":"2022-05-18T13:29:10.773Z","2.5.14":"2022-05-19T13:36:56.031Z","2.5.15":"2022-05-19T20:35:41.917Z","2.5.16":"2022-05-22T18:33:15.788Z","2.5.17":"2022-05-23T12:54:42.179Z","2.5.18":"2022-05-24T16:18:09.523Z","2.5.19":"2022-05-24T22:45:27.225Z","2.5.20":"2022-05-27T14:52:14.653Z","2.5.21":"2022-05-27T16:22:42.308Z","2.5.22":"2022-06-01T02:04:09.372Z","2.6.0":"2022-06-01T17:40:03.450Z","2.6.1":"2022-06-02T13:41:23.839Z","2.7.0":"2022-06-08T11:24:24.215Z","2.7.1":"2022-06-08T17:23:28.277Z","2.7.2":"2022-06-10T17:04:34.748Z","2.8.0":"2022-06-14T20:01:00.475Z","2.9.0":"2022-06-17T02:03:19.639Z","2.9.1":"2022-06-17T14:30:41.442Z","2.9.2":"2022-06-21T19:41:19.858Z","2.9.3":"2022-06-27T20:16:31.040Z","2.9.4":"2022-06-30T20:43:09.585Z","2.9.5":"2022-07-05T05:40:08.237Z","2.9.6":"2022-07-07T17:30:40.777Z","2.9.7":"2022-07-15T16:37:25.257Z","2.9.8":"2022-07-18T05:07:07.947Z","2.9.9":"2022-07-18T17:55:54.856Z","2.9.10":"2022-07-20T09:39:57.934Z","2.9.11":"2022-07-21T08:18:46.888Z","2.9.12":"2022-07-21T14:15:39.779Z","2.9.13":"2022-07-27T18:18:54.818Z","2.9.14":"2022-07-28T10:07:55.250Z","2.10.0":"2022-07-28T10:59:52.617Z","2.10.1":"2022-07-28T12:01:32.258Z","2.10.2":"2022-07-28T12:13:55.186Z","2.10.3":"2022-08-01T17:41:27.898Z","2.10.4":"2022-08-05T22:52:45.046Z","2.10.5":"2022-08-12T19:40:16.516Z","2.10.6":"2022-08-23T14:58:48.851Z","2.10.7":"2022-08-24T16:34:20.722Z","2.10.8":"2022-08-29T10:21:31.927Z","2.10.9":"2022-09-05T07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Team","email":"team@applitools.com"},"license":"SEE LICENSE IN LICENSE","homepage":"https://applitools.com/","keywords":["applitools","eyes","test automation","visual regression","automation","testing","tests"],"repository":{"url":"git@github.com:applitools/eyes.sdk.javascript1.git","type":"git","directory":"js/packages/eyes-universal"},"description":"Applitools Eyes Universal SDK","maintainers":[{"email":"daniel.puterman@applitools.com","name":"danielputerman"},{"email":"gil.akrish@applitools.com","name":"gearm"},{"email":"amit.rokach@applitools.com","name":"amit.rokach"},{"email":"roy.sela@applitools.com","name":"roy.sela"},{"email":"team@applitools.com","name":"applitools-admin"},{"email":"gil.tayar@applitools.com","name":"applitools-readonly"},{"email":"itamar.asis@applitools.com","name":"iasisapp"},{"email":"noam.mendel@applitools.com","name":"noam.mendel"},{"email":"arik.maor@applitools.com","name":"arik-applitools"},{"email":"yotammadem@gmail.com","name":"yotammadem"},{"email":"denis.styrt@applitools.com","name":"denis.styrt"},{"email":"kyrylo.onufriiev@applitools.com","name":"kyrylo.onufriiev"},{"email":"ormeird@gmail.com","name":"ormeda"},{"email":"klemobari@gmail.com","name":"clementbarry"},{"email":"ido.elmaleh@applitools.com","name":"idosapplitools"},{"email":"kjhgfdsa100@gmail.com","name":"gofilord"},{"email":"Alex.burdeynyy@applitools.com","name":"alex.burdeynyy"},{"email":"roni.karilkar@applitools.com","name":"ronikar_applitools"},{"email":"benny.halberstadt@applitools.com","name":"benny.halberstadt"},{"email":"kalous.michal@gmail.com","name":"grayscale64"},{"email":"fatih.solhan@applitools.com","name":"fatihsolhan-applitools"},{"email":"itai.zeitak@applitools.com","name":"itaiz134"},{"email":"eranbarlev@outlook.com","name":"dockermaster"},{"email":"abagmar@gmail.com","name":"anandbagmar"},{"email":"itay.tamir@applitools.com","name":"itaytamir-at"},{"email":"sergii.ovchynnyk@applitools.com","name":"sergovapplitools"},{"email":"serhii.khalymon@applitools.com","name":"fluxomni.io"},{"email":"moshe.milman@applitools.com","name":"mmilapp"},{"email":"noam.gaash@applitools.com","name":"noam.gaash"},{"email":"roee.fridman@applitools.com","name":"roeefr"},{"email":"anastasia.koifman@applitools.com","name":"anastasia.koifman"},{"email":"artem.borodavka@applitools.com","name":"aretm_borodavka"},{"email":"yonit.tsairi@applitools.com","name":"yonittzairilevy"},{"email":"anand.sundaram@applitools.com","name":"asundaram-applitools"},{"email":"amir.groisman@applitools.com","name":"amir.groisman"},{"email":"eitan.masuary@applitools.com","name":"emasuary"},{"email":"naama.shoham@applitools.com","name":"naama.shoham"},{"email":"carmiadam@gmail.com","name":"adamcarmi"},{"email":"muly.gottlieb@applitools.com","name":"mulygottlieb"},{"email":"yoav.naveh@applitools.com","name":"yoavnaveh-applitools"},{"email":"chaim.aharonson@applitools.com","name":"chaimaharonson"},{"email":"doron.movshovitz@applitools.com","name":"movsho"},{"email":"netta.bondy@applitools.com","name":"netta.bondy"},{"email":"shir.binshtok@applitools.com","name":"shirbin"},{"email":"ran.hadar@applitools.com","name":"ranhadar"},{"email":"dmitrii.grechukha@applitools.com","name":"dmytro-h"},{"email":"rostyslav.pidburachynskyi@applitools.com","name":"rostyslav.pidburachynskyi.applitools"},{"email":"tal.weinstein@applitools.com","name":"taltool"}],"readme":"# Eyes Universal\n<center>\n\n  ![Applitools Eyes](https://i.ibb.co/3hWJK68/applitools-eyes-logo.png)\n\n  [![npm](https://img.shields.io/npm/v/@applitools/eyes-universal?color=%2302afc2&label=npm&logo=npm)](https://www.npmjs.com/package/@applitools/eyes-universal)\n  [![GitHub release (latest by date)](https://img.shields.io/badge/binaries-download-%2302afc2?logo=github)](https://github.com/applitools/eyes.sdk.javascript1/releases)\n\n</center>\n\n- [Eyes Universal](#eyes-universal)\n  - [Introduction](#introduction)\n  - [WebSocket](#websocket)\n    - [Universal SDK messaging protocol](#universal-sdk-messaging-protocol)\n      - [Request format](#request-format)\n      - [Response format](#response-format)\n      - [Event format](#event-format)\n    - [Client-initiated events](#client-initiated-events)\n      - [Session.init](#sessioninit)\n    - [Client-initiated commands](#client-initiated-commands)\n      - [Core.makeManager](#coremakemanager)\n      - [EyesManager.openEyes](#eyesmanageropeneyes)\n      - [EyesManager.closeManager](#eyesmanagerclosemanager)\n      - [Eyes.check](#eyescheck)\n      - [Eyes.locate](#eyeslocate)\n      - [Eyes.extractTextRegions](#eyesextracttextregions)\n      - [Eyes.extractText](#eyesextracttext)\n      - [Eyes.close](#eyesclose)\n      - [Eyes.abort](#eyesabort)\n      - [Core.getViewportSize](#coregetviewportsize)\n      - [Core.setViewportSize](#coresetviewportsize)\n      - [Core.closeBatches](#coreclosebatches)\n      - [Core.deleteTest](#coredeletetest)\n    - [Server-initiated commands](#server-initiated-commands)\n  - [SpecDriver](#specdriver)\n    - [Utility commands](#utility-commands)\n      - [`isDriver`](#isdriver)\n      - [`isElement`](#iselement)\n      - [`isSelector`](#isselector)\n      - [`transformDriver`](#transformdriver)\n      - [`transformElement`](#transformelement)\n      - [`extractSelector`](#extractselector)\n      - [`isStaleElementError`](#isstaleelementerror)\n      - [`isEqualElements`](#isequalelements)\n    - [Core commands](#core-commands)\n      - [`mainContext`](#maincontext)\n      - [`parentContext`](#parentcontext)\n      - [`childContext`](#childcontext)\n      - [`executeScript`](#executescript)\n      - [`findElement`](#findelement)\n      - [`findElements`](#findelements)\n      - [`getDriverInfo`](#getdriverinfo)\n      - [`getOrientation`](#getorientation)\n      - [`getTitle`](#gettitle)\n      - [`getUrl`](#geturl)\n      - [`takeScreenshot`](#takescreenshot)\n      - [`getElementRect`](#getelementrect)\n      - [`setWindowSize`](#setwindowsize)\n      - [`getWindowSize`](#getwindowsize)\n      - [`setViewportSize`](#setviewportsize)\n      - [`getViewportSize`](#getviewportsize)\n  - [Refer](#refer)\n    - [Refer storage](#refer-storage)\n    - [Reference format](#reference-format)\n    - [Reference usage](#reference-usage)\n  - [API](#api)\n\n\n## Introduction\nThe main purpose of client implementation (*Client*) is to provide a language binding for the functionality core implemented in JavaScript (*Server*). *Server* controls everything, and *Client* doesn't need to know anything about how work is done.\n\nFor the *Client* to be able to communicate with the *Server* it has to implement [WebSocket Client](#WebSocket) communication layer. Through the WebSocket channel *Client* could send commands to the *Server* in order to perform any operations, at the same time *Server* will send commands to the *Client* in order to automate an environment. *Client* has to implement a set of commands ([SpecDriver](#SpecDriver)) and perform those commands when *Server* will ask for it. Since the execution of any command requires knowing about the context this command should be executed in, *Client* should pass some context references to the *Server*. To solve this problem *Client* have to implement a [Refer](#Refer) mechanism. Refer should help *Client* to send non-serializable data to the server, and when this data will be received back from the server easily deref it to the original non-serializable object.\n\nIn case of using WebDrive based framework on the *Client*, implementation of a ([SpecDriver](#SpecDriver)) could be avoided as well as a [Refer](#Refer)  implementation. This simplification could be achieved by providing information about WebDriver automation session instead of the driver, also it requires to provide element ids instead of the elements. Since all of the non-serializable objects are replaced with a serializable data object the need in [Refer](#Refer) is eliminated.\n\nThe biggest part of the client implementation is the actual user-facing [API layer](#API), it should not contain any specific logic, but only perform some input data validation, collecting, and processing before these data will be sent to the server. API layer should not have any binding to the automation framework it should be used with, it will help to re-use API layer for different frameworks.\n\n## WebSocket\nThe client-server architecture of the universal sdk requires an implementation of the communication layer between the *Client* and the *Server*. Because of a major need for bidirectional communication, WebSocket protocol was chosen. WebSocket protocol operates only with messages, and each of those is an independent chunk of data. The protocol doesn't support getting a response on a message. This is why the format of communication is determined by a proprietary request-response messaging interface (*Universal SDK messaging protocol*), which requires a specific format of client-server messages.\n\nAll of the commands should be treated as requests, which means that response is always has to be sent after a request is received. But simple events are also allowed by the *Universal SDK messaging protocol*, which means that *Client*, as well as *Server*, could send a message which doesn't require any response.\n\nReference implementation: [JS implementation](https://github.com/applitools/eyes.sdk.javascript1/blob/1a54c6b3f28b25b41a708f5b600ceabbf8fc9db6/packages/eyes-universal/src/socket.js), [Ruby implementation](https://github.com/applitools/eyes.sdk.javascript1/blob/poc/universal-ruby-sdk/rb/eyes-selenium/lib/applitools/socket.rb)\n\n## Running the universal server\nA client wishing to spawn the universal server and communicate with it should know the port on which the server is listening to incoming WebSocket requests. The way to know the port is by consuming the first line of the output to the server's `stdout` stream. This line will be the port number to use in `ws://localhost:{port}/eyes`, for example if this line is `21077`, then the URL to connect to the server is `ws://localhost:21077/eyes`.\n\nWhen spawning the server, there might be a situation of a conflict - a universal server may already be running at the desired port. When this happens, the universal server attempts a \"handshake\" with the process that listens on `port`. If there is another universal server **of the same version** listening on the port, and `singleton` is specified (that's the default, see [CLI arguments](#cli-arguments) below), then the universal server process will write the `port` to stdout, and shutdown itself. **To the client, this is seamless** - the client doesn't have a way to know if the process it spawned is indeed the same process that is listening on this port.\n\nIf the handshake fails, meaning that there is no universal-server or that it's a universal server of a different version, then the behavior is defined by the value of the `lazy` argument. By default, `lazy` is `true` which means that the server will try to find a free port to listen on. If `lazy` is `false`, then the server process will exit with a non-zero code.\n\n### CLI arguments\n\n```\n$ ./universal-server-linux --help\n\nOptions:\n      --help          Show help                                        [boolean]\n      --version       Show version number                              [boolean]\n  -p, --port          run server on a specific port.   [number] [default: 21077]\n  -s, --singleton     runs server on a singleton mode. It will prevent the\n                      server to start in case the same server is already\n                      started.                         [boolean] [default: true]\n  -l, --lazy          runs server on a lazy mode. It will not try to find a free\n                      port if the required one is already taken.\n                                                      [boolean] [default: false]\n      --idle-timeout  time in minutes for server to stay responsible in case of\n                      idle.                               [number] [default: 15]\n      --config        json string to use instead of cli arguments       [string]\n      --eg            launch the execution grid client[boolean] [default: false]\n\n```\n\n### Universal SDK messaging protocol\nThe protocol describes the format of messages of different types such as [Request](#Request-format), [Response](#Response-format), and [Event](#Event-format). Each of the messages should be formatted as a JSON string.\n\n> **`IDEA`** maybe it makes sense to also support something like UBJSON, it might be helpful in order to send screenshots from *Client* without conversion to the base64 string, which is an obvious overhead.\n\nBoth client an server operate with their own sets of non-serializable object, which have to be somehow sent through the WebSocket. On client non-serializable objects are drivers, elements, and maybe selectors, at the same time server operates with runner and eyes abstractions. The protocol describes a generic way to represent non-serializable objects (for client, as well as for server) through the separate module [Refer](#Refer) with a strict patter and format of references.\n\n#### Request format\n```ts\n{\n  name: string, // could be any string, but recommended format is \"<Domain>.<requestName>\" (e.g. \"Driver.executeScript\")\n  key: string, // could be any random string, this value will be used to associate response with actual request.\n  payload?: any // any input data\n}\n```\n\n#### Response format\n```ts\n{\n  name: string, // name of the request this response sent for\n  key: string, // key value received in request\n  payload: {\n    result?: any, // result of the request if it was finished successfully\n    error?: { // error object if exception was thrown during action processing\n      message: string // error massage\n      stack: string // error stack trace\n    }\n  }\n}\n```\n\n#### Event format\n```ts\n{\n  name: string, // could be any string, but recommended format is \"<Domain>.<eventName>\"\n  payload?: any // any event data\n}\n```\n\n### Client-initiated events\nIn order to pass some data to the *Server* and let *Server* process it on its own *Client* could send lightweight events ([Event format](#Event-format)), which will not be responded in any way.\n\n#### Session.init\nThis event has to be sent in the first place just after a connection between *Client* and *Server* will be established. *Client* should send an important metadata about itself in a format:\n```ts\n{\n  name: string, // name of the client sdk\n  version: string, // version of the client sdk\n  commands?: string[], // array of command names that could be processed by the client sdk\n  protocol?: 'webdriver' // the name of the prebuilt server-side spec driver\n}\n```\n\n### Client-initiated commands\nIn order to perform any action, the *Client* has to send a proper request to the *Server* in a specific format ([Request format](#Request-format)) and wait for the response in a format described here ([Response format](#Response-format)).\n\n#### Core.makeManager\nThis request should be sent to create a manager object. It expects input of type [EyesManagerConfig](https://github.com/applitools/eyes.sdk.javascript1/blob/0eec1b760d07489f62d95b9441d0ee5c560c24a1/packages/types/src/config.ts#L19).\n\nIn response client should expect to get a manager reference ([ManagerRef](#Reference-format)), this reference has to be used in order to perform manager related actions ([EyesManager.openEyes](#EyesManager.openEyes), [EyesManager.closeManager](#EyesManager.closeManager))\n\n> Do not send this command in a moment when `EyesManager` is constructed but instead send it lazily when the actual eyes object has to be opened. Pay attention that in this architecture eyes could be created only from a manager instance, and creation and opening of the eyes are combined in a single operation.\n\n#### EyesManager.openEyes\nThis command has to be used in order to create an eyes object. It expects input with related [ManagerRef](#Reference-format) (from [Core.makeManager](#Core.makeManager)), [DriverRef](#Reference-format), and [EyesConfig](https://github.com/applitools/eyes.sdk.javascript1/blob/0eec1b760d07489f62d95b9441d0ee5c560c24a1/packages/types/src/config.ts#L25) in a format:\n```ts\n{\n  manager: ManagerRef, // reference received from \"Core.makeManager\" command\n  driver: DriverRef, // reference to the driver that will be used by the server in order to perform automation\n  config?: EyesConfig // configuration object that will be associated with a new eyes object, it could be overridden later\n}\n```\n\nIn response client should expect to get an eyes reference ([EyesRef](#Reference-format)), this reference has to be used in eyes related requests ([Eyes.check](#Eyes.check), [Eyes.locate](#Eyes.locate), [Eyes.extractTextRegions](#Eyes.extractTextRegions), [Eyes.extractText](#Eyes.extractText), [Eyes.close](#Eyes.close), [Eyes.abort](#Eyes.abort))\n\n#### EyesManager.closeManager\nThis command is meant to be used to close all eyes objects created with this runner, abort unclosed test, and return a summary with results, and exceptions from each of the eyes objects. It expects an input with a related [ManagerRef](#Reference-format) (from [Core.makeManager](#Core.makeManager) and a `throwErr` property:\n```ts\n{\n  manager: ManagerRef\n  throwErr: boolean\n}\n```\n\nIn response client will receive a summary object of the shape [TestResultSummary](https://github.com/applitools/eyes.sdk.javascript1/blob/1221f4e36ca2fbf5f49dfee5d32504c6bc574c9b/packages/types/src/data.ts#L285)\n\nThis command might throw an error if `throwErr` is `true`. The following JavaScript snippet shows how to handle such error:\n\n```\ncatch (err) {\n\n  // if it's some internal error that is not mapped to a known state - throw it to the user\n  if (!err.info?.testResult) {\n    throw err\n  }\n\n  // wrap the testResult in the error with a data class \n  const testResult = new TestResultsData(err.info.testResult, deleteTest)\n\n  // throw the right instance of error based on the reason\n  if (err.reason === 'test failed') {\n    throw new TestFailedError(err.message, testResult)\n  } else if (err.reason === 'test different') {\n    throw new DiffsFoundError(err.message, testResult)\n  } else if (err.reason === 'test new') {\n    throw new NewTestError(err.message, testResult)\n  }\n}\n```\n\n#### Eyes.check\nThis command is used to perform a check/match action. It expects input with a related [EyesRef](#Reference-format), [CheckSettings](https://github.com/applitools/eyes.sdk.javascript1/blob/0eec1b760d07489f62d95b9441d0ee5c560c24a1/packages/types/src/setting.ts#L66), and [EyesConfig](https://github.com/applitools/eyes.sdk.javascript1/blob/0eec1b760d07489f62d95b9441d0ee5c560c24a1/packages/types/src/config.ts#L25) in a format:\n```ts\n{\n  eyes: EyesRef,\n  settings?: CheckSettings,\n  config?: EyesConfig\n}\n```\n\nIn a case of success, the client will receive a response with [MatchResult](https://github.com/applitools/eyes.sdk.javascript1/blob/0eec1b760d07489f62d95b9441d0ee5c560c24a1/packages/types/src/data.ts#L200) object.\n\n#### Eyes.locate\nThis command is used to perform a locate action. It expects input with a related [EyesRef](#Reference-format), [LocateSettings](https://github.com/applitools/eyes.sdk.javascript1/blob/0eec1b760d07489f62d95b9441d0ee5c560c24a1/packages/types/src/setting.ts#L92), and [EyesConfig](https://github.com/applitools/eyes.sdk.javascript1/blob/0eec1b760d07489f62d95b9441d0ee5c560c24a1/packages/types/src/config.ts#L25) in a format:\n```ts\n{\n  eyes: EyesRef,\n  settings: LocateSettings,\n  config?: EyesConfig\n}\n```\n\nIn a case of success, the client will receive a response with an object where locator names, passed in [LocateSettings](https://github.com/applitools/eyes.sdk.javascript1/blob/0eec1b760d07489f62d95b9441d0ee5c560c24a1/packages/types/src/setting.ts#L92), are correlated with [Region](https://github.com/applitools/eyes.sdk.javascript1/blob/0eec1b760d07489f62d95b9441d0ee5c560c24a1/packages/types/src/data.ts#L59)'s.\n```ts\n{\n  [key: string]: Region\n}\n```\n\n#### Eyes.extractTextRegions\nThis command has to be used to extract text regions from a page. It expects input with a related [EyesRef](#Reference-format), [OCRSearchSettings](https://github.com/applitools/eyes.sdk.javascript1/blob/0eec1b760d07489f62d95b9441d0ee5c560c24a1/packages/types/src/setting.ts#L85), and [EyesConfig](https://github.com/applitools/eyes.sdk.javascript1/blob/0eec1b760d07489f62d95b9441d0ee5c560c24a1/packages/types/src/config.ts#L25) in a format:\n```ts\n{\n  eyes: EyesRef,\n  settings: OCRSearchSettings,\n  config?: EyesConfig\n}\n```\n\nIn a case of success, the client will receive a response with an object where patterns, passed in [OCRSearchSettings](https://github.com/applitools/eyes.sdk.javascript1/blob/0eec1b760d07489f62d95b9441d0ee5c560c24a1/packages/types/src/setting.ts#L85), are correlated with arrays of [TextRegion](https://github.com/applitools/eyes.sdk.javascript1/blob/0eec1b760d07489f62d95b9441d0ee5c560c24a1/packages/types/src/data.ts#L61)'s.\n\n```ts\n{\n  [key: string]: TextRegion[]\n}\n```\n\n#### Eyes.extractText\nThis command has to be used to extract text regions from a page. It expects input with a related [EyesRef](#Reference-format), array of [OCRExtractSettings](https://github.com/applitools/eyes.sdk.javascript1/blob/0eec1b760d07489f62d95b9441d0ee5c560c24a1/packages/types/src/setting.ts#L78)'s, and [EyesConfig](https://github.com/applitools/eyes.sdk.javascript1/blob/0eec1b760d07489f62d95b9441d0ee5c560c24a1/packages/types/src/config.ts#L25) in a format:\n```ts\n{\n  eyes: EyesRef,\n  regions: OCRExtractSettings[],\n  config?: EyesConfig\n}\n```\n\nIn a case of success, the client will receive a response with arrays of strings.\n\n#### Eyes.close\nThis command has to be used in order to close eyes object and finish the test. It doesn't expect any input except a related [EyesRef](#Reference-format).\n```ts\n{\n  eyes: EyesRef\n}\n```\n\nIn a case of success, the client will receive a response with [TestResult](https://github.com/applitools/eyes.sdk.javascript1/blob/0eec1b760d07489f62d95b9441d0ee5c560c24a1/packages/types/src/data.ts#L205) object.\n\n> This command will never throw error due to test result status. This functionality should be implemented on client side.\n\n#### Eyes.abort\nThis command has to be used to abort eyes object. It doesn't expect any input except a related [EyesRef](#Reference-format).\n```ts\n{\n  eyes: EyesRef\n}\n```\n\nIn a case of success, the client will receive a response with [TestResult](https://github.com/applitools/eyes.sdk.javascript1/blob/0eec1b760d07489f62d95b9441d0ee5c560c24a1/packages/types/src/data.ts#L205) object.\n\n#### Core.getViewportSize\nThis command has to be used to get the current viewport size of the given driver. It expects input with [DriverRef](#Reference-format) in a format: \n```ts\n{\n  driver: DriverRef\n}\n```\n\nIn case of success, the client will receive a response with [Size](https://github.com/applitools/eyes.sdk.javascript1/blob/0eec1b760d07489f62d95b9441d0ee5c560c24a1/packages/types/src/data.ts#L54) object.\n\n> WD protocol doesn't have api to extract viewport size of the browser window, however Appium has this api as well as CDP. So even if it is doesn't make lots of sense to get this information through the server, better do it this way so server could know about this data.\n\n#### Core.setViewportSize\nThis command has to be used to set the current viewport size of the given driver which automates desktop browser window. If this command will be executed for driver which doesn't support viewport resizing error will be thrown. Also error will be thrown if it isn't possible to resize viewport to the required size. The command expects input with [DriverRef](#Reference-format) and [Size](https://github.com/applitools/eyes.sdk.javascript1/blob/0eec1b760d07489f62d95b9441d0ee5c560c24a1/packages/types/src/data.ts#L54) in a format:\n```ts\n{\n  driver: DriverRef,\n  size: Size\n}\n```\n\n#### Core.closeBatches\nThis command has to be used to close batches by their ids. It expects input of type [CloseBatchesSettings](https://github.com/applitools/eyes.sdk.javascript1/blob/0eec1b760d07489f62d95b9441d0ee5c560c24a1/packages/types/src/setting.ts#L97)\n\n#### Core.deleteTest\nThis command has to be used to close delete test results from the eyes dashboard.\n\n### Server-initiated commands\n*Server* has to send a request to the *Client* in order to perform automation using driver api. It will be done through the special interface (a.k.a. [SpecDriver](#SpecDriver)) which abstracts out any framework specifics. Requests which *Server* could possibly send to the client limited only with a set of the [SpecDriver](#SpecDriver) commands.\n\nSince [SpecDriver](#SpecDriver) has a various number of commands, where some of the commands contradict others, *Server* should know the exact set of commands which it could send to the *Client*, this information should be passed in [Session.init](#Session.init) event.\n\nEach [SpecDriver](#SpecDriver) command will be received as request with name `\"Driver.<commandName>\"`, for example to call [findElement](#findElement) command *Server* will send `\"Driver.findElement\"` request to the *Client*. Arguments of the [SpecDriver](#SpecDriver) command will be sent in payload, as an object where keys has the same names as arguments, for example to call [findElement](#findElement) command *Server* will send a payload with keys `driver` and `selector`. Result of the [SpecDriver](#SpecDriver) command has to be sent by the *Client* as a payload in the response message.\n\n## SpecDriver\nSpec driver is a simple set of functions where each function performs automation by calling framework (e.g. selenium) API. We need this interface between our code and an actual driver to abstract out framework api.\n\nDown below is a list with descriptions of every method that could be implemented in the spec driver, but the need for implementation depends on the framework.\n\n### Utility commands\n\n#### `isDriver`\nThis command accepts driver instance as an argument and should return `true` if this is a valid driver instance, otherwise `false`.\n\nReference: [TS Selenium](https://github.com/applitools/eyes.sdk.javascript1/blob/864f0ebfec04dd370631de1703817e098faa55b8/packages/eyes-selenium/src/spec-driver.ts#L32)\n\n#### `isElement`\nThis command accepts element as an argument and should return `true` if this is a valid element, otherwise `false`.\n\nReference: [TS Selenium](https://github.com/applitools/eyes.sdk.javascript1/blob/864f0ebfec04dd370631de1703817e098faa55b8/packages/eyes-selenium/src/spec-driver.ts#L36), [Ruby Selenium](https://github.com/applitools/eyes.sdk.javascript1/blob/24c660e3cc7504d0547901f67a467324c45b2f25/rb/eyes-selenium/lib/applitools/selenium/spec-driver.rb#L6)\n\n#### `isSelector`\nThis command accepts selector as an argument and should return `true` if this is a valid selector, otherwise `false`. Valid selectors should be one of three formats:\n\n1. The one supported by the framework (e.g. `By.css('html')` for selenium)\n2. JSON object with properties `type` with value `\"css\"` or `\"xpath\"` and `selector` with string value.\n3. Simple string, if the framework doesn't handle strings by itself, then the string should be treated as css selector.\n\nReference: [TS Selenium](https://github.com/applitools/eyes.sdk.javascript1/blob/864f0ebfec04dd370631de1703817e098faa55b8/packages/eyes-selenium/src/spec-driver.ts#L38)\n\n#### `transformDriver`\nThis command is used only once for the driver in order to do some modifications or even replacements in a given driver instance. It might be helpful when some additional configuration is required before start working with the driver. If this method implemented whenever will be returned from it will be used instead of the driver.\n\nReference: [TS Selenium](https://github.com/applitools/eyes.sdk.javascript1/blob/864f0ebfec04dd370631de1703817e098faa55b8/packages/eyes-selenium/src/spec-driver.ts#L47)\n\n#### `transformElement`\nThis command is used to transform elements before using them (e.g. as `executeScript` argument). It accepts a value that has to be treated as an element, but the framework itself can't handle this value on its own. Some frameworks might support more than one element format, and these formats might be not equal in terms of usage.\n\n> How to understand to which format you should transform? The correct way to understand which format is superior on others you should check which one works the best in those commands [executeScript](###executeScript) and [childContext](###childContext).\n\nReference: [TS WDIO](https://github.com/applitools/eyes.sdk.javascript1/blob/864f0ebfec04dd370631de1703817e098faa55b8/packages/eyes-webdriverio-5/src/spec-driver.ts#L100)\n\n#### `extractSelector`\nThis command is used to extract a selector from an element object. Not all frameworks keep information about the selector which was used to find an element, but if does it will help to handle some edge cases with stale element errors.\n\nReference: [TS WDIO](https://github.com/applitools/eyes.sdk.javascript1/blob/864f0ebfec04dd370631de1703817e098faa55b8/packages/eyes-webdriverio-5/src/spec-driver.ts#L104)\n\n#### `isStaleElementError`\nThis command is used to understand if an error is a stale element error, it accepts an error object and should return `true` if the error is thrown because of element reference was stale.\n\nReference: [TS Selenium](https://github.com/applitools/eyes.sdk.javascript1/blob/864f0ebfec04dd370631de1703817e098faa55b8/packages/eyes-selenium/src/spec-driver.ts#L55)\n\n#### `isEqualElements`\nThis command is used to understand if two element objects are references to the same element on a web page (or in a native app), should return `true` if elements are the same.\n\n> **`WD!`** Elements could be compared by their IDs, since by the protocol specification element ID should be unique across all of the frames and the same for the same element, however not all WD implementation keep that rule (e.g. iOS Safari). In this case, elements could be compared in a browser by executing a script with those elements which will compare them, if a stale element error will be thrown, elements are obviously not equivalent.\n\nReference: [TS WDIO](https://github.com/applitools/eyes.sdk.javascript1/blob/eyes-api/packages/eyes-webdriverio-5/src/spec-driver.ts#L112)\n\n### Core commands\nEach command in this section accepts driver/context as a first argument.\n\n#### `mainContext`\nThis command is used to get access to the main/top-level frame from the current/given frame.\n\n> **`WD!`** This command has to change driver's current frame to the topmost frame, and not necessarily return driver.\n\n> **`CDP!`** This command has to return the topmost (the one which doesn't have a parent) frame in a hierarchy from the given frame.\n\nReferences: [TS Selenium](https://github.com/applitools/eyes.sdk.javascript1/blob/864f0ebfec04dd370631de1703817e098faa55b8/packages/eyes-selenium/src/spec-driver.ts#L78), [TS Playwright](https://github.com/applitools/eyes.sdk.javascript1/blob/864f0ebfec04dd370631de1703817e098faa55b8/packages/eyes-playwright/src/spec-driver.ts#L67), [Ruby Selenium](https://github.com/applitools/eyes.sdk.javascript1/blob/24c660e3cc7504d0547901f67a467324c45b2f25/rb/eyes-selenium/lib/applitools/selenium/spec-driver.rb#L21)\n\n#### `parentContext`\nThis command is used to get access to the parent frame of the current/given frame.\n\n> **`WD!`** This command has to change driver's current frame to the parent frame of the current frame, and not necessarily return driver. Legacy implementations of some frameworks (e.g. selenium 3, wdio 4) don't have a dedicated api for this functionality, in this case, the only way to perform the action is by sending a request to the endpoint by yourself ([WD Spec](https://www.w3.org/TR/webdriver/#switch-to-parent-frame)).\n\n> **`CDP!`** This command have to return the parent frame (previous in a hierarchy) of the given frame.\n\nReferences: [TS Selenium](https://github.com/applitools/eyes.sdk.javascript1/blob/864f0ebfec04dd370631de1703817e098faa55b8/packages/eyes-selenium/src/spec-driver.ts#L82), [TS Playwright](https://github.com/applitools/eyes.sdk.javascript1/blob/864f0ebfec04dd370631de1703817e098faa55b8/packages/eyes-playwright/src/spec-driver.ts#L75), [Ruby Selenium](https://github.com/applitools/eyes.sdk.javascript1/blob/24c660e3cc7504d0547901f67a467324c45b2f25/rb/eyes-selenium/lib/applitools/selenium/spec-driver.rb#L25)\n\n#### `childContext`\nThis command is used to get access to the child frame of the current/given frame by **element** which refer to the target iframe.\n\n> **`WD!`** This command has to change driver's current frame to the child frame using given element, and not necessarily return driver.\n\n> **`CDP!`** This command has to return the content frame of the given element, parent frame is still provided in arguments, but the protocol doesn't require to use of it.\n\nReferences: [TS Selenium](https://github.com/applitools/eyes.sdk.javascript1/blob/864f0ebfec04dd370631de1703817e098faa55b8/packages/eyes-selenium/src/spec-driver.ts#L91), [TS Playwright](https://github.com/applitools/eyes.sdk.javascript1/blob/864f0ebfec04dd370631de1703817e098faa55b8/packages/eyes-playwright/src/spec-driver.ts#L79), [Ruby Selenium](https://github.com/applitools/eyes.sdk.javascript1/blob/24c660e3cc7504d0547901f67a467324c45b2f25/rb/eyes-selenium/lib/applitools/selenium/spec-driver.rb#L29)\n\n#### `executeScript`\nThis command executes a given script of type string with given arguments in a given context.\n\n> **`CDP!`** The protocol is not able to execute scripts that are not function declaration, this means that just function body or JS expression are not valid scripts, for example `return document. title`, has to be transformed to `function(){ return document.title }`.\n\nReferences: [TS Selenium](https://github.com/applitools/eyes.sdk.javascript1/blob/864f0ebfec04dd370631de1703817e098faa55b8/packages/eyes-selenium/src/spec-driver.ts#L71), [TS Playwright](https://github.com/applitools/eyes.sdk.javascript1/blob/864f0ebfec04dd370631de1703817e098faa55b8/packages/eyes-playwright/src/spec-driver.ts#L62), [Ruby Selenium](https://github.com/applitools/eyes.sdk.javascript1/blob/24c660e3cc7504d0547901f67a467324c45b2f25/rb/eyes-selenium/lib/applitools/selenium/spec-driver.rb#L14)\n\n#### `findElement`\nThis command finds element by a given selector in a given context. If an element doesn't exist, `null` should be returned (**do not throw**). See [isSelector](###isSelector) command for selector formats.\n\nReference: [TS Selenium](https://github.com/applitools/eyes.sdk.javascript1/blob/864f0ebfec04dd370631de1703817e098faa55b8/packages/eyes-selenium/src/spec-driver.ts#L95), [Ruby Selenium](https://github.com/applitools/eyes.sdk.javascript1/blob/24c660e3cc7504d0547901f67a467324c45b2f25/rb/eyes-selenium/lib/applitools/selenium/spec-driver.rb#L33)\n\n#### `findElements`\nThis command finds multiple elements by a given selector in a given context. If no elements don't exist, an empty array (`[]`) should be returned. See [isSelector](###isSelector) command for selector formats.\n\nReference: [TS Selenium](https://github.com/applitools/eyes.sdk.javascript1/blob/864f0ebfec04dd370631de1703817e098faa55b8/packages/eyes-selenium/src/spec-driver.ts#L103), [Ruby Selenium](https://github.com/applitools/eyes.sdk.javascript1/blob/24c660e3cc7504d0547901f67a467324c45b2f25/rb/eyes-selenium/lib/applitools/selenium/spec-driver.rb#L37)\n\n#### `getDriverInfo`\nThis command is used to extract information about the driver and environment in the very beginning. Keep in mind that not all of the properties are required.\n\nHere is a schema of the JSON object this method should return.\n```ts\n{\n  sessionId?: string, // aut session id\n  isMobile?: boolean, // true if the environment is a mobile device (e.g. os is android or ios), this doesn't necessarily mean a native app is tested\n  isNative?: boolean, // true if the environment is a native app (so no browser)\n  deviceName?: string, // device name\n  platformName?: string, // os name\n  platformVersion?: string, // os version\n  browserName?: string, // browser name\n  browserVersion?: string, //browser version\n}\n```\n\n> In fact if your framework doesn't support native apps automation the whole method could be skipped, in this case, data will be extracted from a user agent, but better implement it, if possible. All of the information is contained in the capabilities of the driver. In the future, we might want to provide more information here.\n\nReference: [TS Selenium](https://github.com/applitools/eyes.sdk.javascript1/blob/864f0ebfec04dd370631de1703817e098faa55b8/packages/eyes-selenium/src/spec-driver.ts#L155)\n\n#### `getOrientation`\nThis command is not required if the framework doesn't support native apps automation. This command should return `\"landscape\"` or `\"portrait\"` strings in **lowercase** depends on device orientation.\n\n> If the framework supports device rotation in runtime, then orientation should also be extracted in runtime and not from capabilities. ([Appium spec](https://appium.io/docs/en/commands/session/orientation/get-orientation/))\n\nReference: [TS WDIO](https://github.com/applitools/eyes.sdk.javascript1/blob/864f0ebfec04dd370631de1703817e098faa55b8/packages/eyes-webdriverio-5/src/spec-driver.ts#L220)\n\n#### `getTitle`\nThis command should return the title of the page.\n\nReference: [TS Selenium](https://github.com/applitools/eyes.sdk.javascript1/blob/864f0ebfec04dd370631de1703817e098faa55b8/packages/eyes-selenium/src/spec-driver.ts#L179), [Ruby Selenium](https://github.com/applitools/eyes.sdk.javascript1/blob/24c660e3cc7504d0547901f67a467324c45b2f25/rb/eyes-selenium/lib/applitools/selenium/spec-driver.rb#L54)\n\n#### `getUrl`\nThis command should return the current url of the page.\n\nReference: [TS Selenium](https://github.com/applitools/eyes.sdk.javascript1/blob/864f0ebfec04dd370631de1703817e098faa55b8/packages/eyes-selenium/src/spec-driver.ts#L182), [Ruby Selenium](https://github.com/applitools/eyes.sdk.javascript1/blob/24c660e3cc7504d0547901f67a467324c45b2f25/rb/eyes-selenium/lib/applitools/selenium/spec-driver.rb#L58)\n\n#### `takeScreenshot`\nThis command should use the default framework api to take a screenshot of the viewport (**without any stabilization**). The result should be returned as base64 encoded string.\n\nReference: [TS Selenium](https://github.com/applitools/eyes.sdk.javascript1/blob/864f0ebfec04dd370631de1703817e098faa55b8/packages/eyes-selenium/src/spec-driver.ts#L188), [Ruby Selenium](https://github.com/applitools/eyes.sdk.javascript1/blob/24c660e3cc7504d0547901f67a467324c45b2f25/rb/eyes-selenium/lib/applitools/selenium/spec-driver.rb#L74)\n\n#### `getElementRect`\nThis command is used to get metrics of the **native** element only. This command will not be used for the web, since a more complex algorithm is required. The result should be returned as a JSON object with properties `x`, `y`, `width` and `height`, values should remain fractional, no rounding is required.\n\nReference: [TS Selenium](https://github.com/applitools/eyes.sdk.javascript1/blob/864f0ebfec04dd370631de1703817e098faa55b8/packages/eyes-selenium/src/spec-driver.ts#L106)\n\n#### `setWindowSize`\nThis command should set window size from a given JSON object with properties `width` and `height`. The command have to also set window position to (0,0) in order to archive the maximum possible window size to be set.\nThis command should not be implemented if [setViewportSize](###setViewportSize) is already implemented.\n\n> **`WD!`** Legacy implementations of selenium don't allow to set size and position with a single method, in this case, they should be set separately.\n\n> **`CDP!`** Protocol doesn't support window manipulations, but instead alow viewport manipulations, have a look at [setViewportSize](###setViewportSize).\n\nReference: [TS Selenium](https://github.com/applitools/eyes.sdk.javascript1/blob/77fa7c7083d0c673acee3b203b1d0b1a7e972575/packages/eyes-selenium/src/spec-driver.ts#L123), [Ruby Selenium](https://github.com/applitools/eyes.sdk.javascript1/blob/24c660e3cc7504d0547901f67a467324c45b2f25/rb/eyes-selenium/lib/applitools/selenium/spec-driver.rb#L45)\n\n#### `getWindowSize`\nThis command should return the size of the window in the format of the JSON object with properties `width`, and `height`.\nThe command **have** to be implemented if [setWindowSize](###setWindowSize) was implemented, and could be skipped if [setViewportSize](###setViewportSize) was implemented.\n\n> **`WD!`** Modern implementations of selenium don't have an api to get window size, but api to get window rect could be used instead.\n\n> **`APPIUM!`** Legacy versions of appium servers could not treat well command to get window rect, in this case command to get window size should be sent.\n\n> **`CDP!`** Protocol doesn't support window manipulations, but instead alow viewport manipulations, have a look at [getViewportSize](###getViewportSize).\n\n\nReference: [TS Selenium](https://github.com/applitools/eyes.sdk.javascript1/blob/864f0ebfec04dd370631de1703817e098faa55b8/packages/eyes-selenium/src/spec-driver.ts#L112), [Ruby Selenium](https://github.com/applitools/eyes.sdk.javascript1/blob/24c660e3cc7504d0547901f67a467324c45b2f25/rb/eyes-selenium/lib/applitools/selenium/spec-driver.rb#L41)\n\n#### `setViewportSize`\nThis command should set viewport size from given JSON object with properties `width` and `height`.\n\n> **`WD!`** Protocol doesn't allow to manipulate viewport directly. Implement [setWindowSize](###setWindowSize) and [getWindowSize](###getWindowSize) instead.\n\nReference: [TS Playwright](https://github.com/applitools/eyes.sdk.javascript1/blob/864f0ebfec04dd370631de1703817e098faa55b8/packages/eyes-playwright/src/spec-driver.ts#L98)\n\n#### `getViewportSize`\nThis command should return the size of the viewport in the format of the JSON object with the properties `width` and `height`. This command does not necessarily have to be implemented, since viewport size could be extracted from the browser, but if it is possibly better to have it implemented since the framework could already have this information.\n\n> **`WD!`** Protocol doesn't allow to manipulate viewport directly. Implement [setWindowSize](###setWindowSize) and [getWindowSize](###getWindowSize) instead.\n\nReference: [TS Playwright](https://github.com/applitools/eyes.sdk.javascript1/blob/864f0ebfec04dd370631de1703817e098faa55b8/packages/eyes-playwright/src/spec-driver.ts#L95)\n\n## Refer\nThe most important objects that sdk has to operate with are non-serializable (e.g. driver object, eyes instantiation) and could not be sent through the WebSocket protocol. It requires to implementation of a generic way for non-serializable object representation. Down below will be described a way that have to be used to create references on both client and server sides.\n\nReference implementation: [JS implementation](https://github.com/applitools/eyes.sdk.javascript1/blob/1a54c6b3f28b25b41a708f5b600ceabbf8fc9db6/packages/eyes-universal/src/refer.js), [Ruby implementation](https://github.com/applitools/eyes.sdk.javascript1/blob/poc/universal-ruby-sdk/rb/eyes-selenium/lib/applitools/refer.rb)\n\n### Refer storage\nRefer should have a key-value storage with each object reference was crated for. Keys in the storage are guids were used in the reference object. Objects should be removed from the storage, once they will not be in use anymore. The storage should support relations between different references, means that presence of some references should depend on presence of others (e.g. it doesn't make sense to keep elements in storage when driver was already destroyed.\n\n### Reference format\nEach ref is a JSON object with only one property `applitools-ref-id` with a guid string value.\n\n```ts\n{\n  'applitools-ref-id': string\n}\n```\n\nHow ever ref interface could be extended in some cases to provide more data about the object it referring to, for example it makes sense to add information about the selector to the element references, it will allow to avoid back and forth communication with the server in some rare cases.\n\n### Reference usage\nOn the client-side received from the server references (from commands [Core.makeManager](#Core.makeManager) and [EyesManager.openEyes](#EyesManager.openEyes)) could be used only to perform other server-side actions related to the object these references referring to. However, references which client sends to the server inevitably will be received back in one of the [Server-initiated commands](#Server-initiated-commands), in this case client should dereference received reference an perform required operation with actual object.\n\n## API\nThe API layer is the biggest part of the client implementation which should abstract the way end-user will use an sdk from the internal implementation. The main functional purpose of this layer should be to collect all of the configuration and inputs from a user and send them when actual action should be done. The biggest benefit of this architecture is that API (the biggest and the most chaotic part of the sdk) shouldn't be re-implemented again and again for each new framework.\n\nReference implementation: [TS Eyes API](https://github.com/applitools/eyes.sdk.javascript1/tree/eyes-api/packages/eyes-api)\n","readmeFilename":"README.md"}