EULA FOR SAAS: TEST ODYSSEY (TO)
(End-User License Agreement for usage of the Software As A Service)
This agreement is made between EKA Techserv Pvt Ltd, whose registered office is at 890,15th main, BTM, Bangalore – India represented by Neha Mutalik,
Sales Director, hereinafter called the “Provider”and You, consumer of provided services, hereinafter called the ”Customer”,We use TO and SAAS
interchangeably in this document.
In order to use TO, the Customer must first agree to this End-User License Agreement. If the Customer does not or cannot agree to this License Agreement,
he is not permitted to use the SAAS. The Customer accepts and agrees to the terms of this License by signing this document
This agreement provides Customer with access to the proprietary software named “Test Odyssey”, and usage of its functions as a service, hereinafter called
”SAAS”.Provider will provide this functionality through the Internet within a hosted server environment, under the terms in this agreement
TO Product/service, support/training provided by provider, upgrades and the third party software used are mentioned in Appendix A
2.CUSTOMER RESPONSIBILITIES AND OBLIGATIONS
2.1 All information provided by Customer to Provider or his/her end-users in connection with thisAgreement, will be current, true, accurate,
supportable and complete and, with regard toinformation provided, he/she will promptly notify Provider of any changes to such information
2.2 Customer is provided with access to TO. He may authorize employees of his company to use TO. Customer may not resell, redistribute,
sublicense, rent or lease the Service , in whole or in part, unless otherwise provided under an order or another agreement with Provider
2.3 As a condition to using the Licensed Software and any services, Customer agrees that
• he/she will only use the SAAS for the purposes and in the manner expressly permitted by thisAgreement and in accordance with all
• he/she will not use the Licensed Software or any services for any unlawful or illegal activity, norto enter, modify or upload data which
would commit or facilitate the commission of a crime, or other tortuous, unlawful or illegal act;
• Customer will not, directly or indirectly, commit any act intended to interfere with the Licensed Software or related services, the intent
of this Agreement, or Provider’s business practicesincluding, but not limited to, taking actions that may hinder the performance or
intended use of the Licensed Software;
• must keep its passwords secure and confidential;
• is solely responsible for Customer Data and all activity in its account in the Service;
• must use commercially reasonable efforts to prevent unauthorized access to its account, and notify Provider promptly of any such
• may use the Service only in accordance with applicable law.
2.5 User is permitted to upload data of his application required for using TO, such as test cases, test scripts etc. All such data remains sole
property of customer. Provider undertakes to keep such data for 180 days after his licence expires.
2.6 Customer will be solely responsible for all costs, expenses, losses and liabilities incurred, andactivities undertaken by him/her and his/her
Authorized Users in connection with the Licensed Software and services, including, but not limited to, any data encoding, download, or any other
services used by Customer.
Customer agrees to make all the payments for TO services within 15 days of receiving the invoice. Customer is responsible for the payment of service or
any other applicable taxes. TO license will be activated upon receiving the invoiced money. Provider reserves right to revise the service rates from
time to time. Customer does not pay the hike in the rates till his present subscription expires.
2.8 The software, workflow processes, user interface, designs, know-how, Licensed Software, and other technologies provided by Provider as part of the
Service are the proprietary property of Provider and its licensors, and all right, title and interest in and to such items, including all associated
intellectual property rights, remain only with Provider. Customer may not remove or modify any proprietary marking or restrictive legends in the Service
or Licensed Software. Provider reserves all rights unless expressly granted in this agreement. Provider may use during and after the Term all aggregate
non-identifiable data in the Service for purposes of enhancing the Service, technical support and other business purposes. Customer agrees to cooperate
with Provider to maintain Provider’s ownership of the Licensed Software, and, to the extent that Customer become aware of any claims relating to the
Licensed Software, he/she agrees to use reasonable efforts to promptly provide notice of any such claims to Provider.
3.0 PROVIDER RESPONSIBILITIES AND OBLIGATIONS
3.1 Provider undertakes to provide licence to the customer after payments (2.7) are made.
3.2 Provider uses a reputed cloud service provider and the service provider has the responsibility to keep the cloud services up and well maintained.
3.3 Support and training on TO will be provided as per B of Appendix A.
3.4 New versions of TO will be available to customer without any extra charge.
3.5 Provider shall not make use of the data uploaded by the customer.
4. 0 WARRANTY DISCLAIMER
Customer expressly acknowledges and agrees that use of the SAAS, and any services is at his/her sole risk and that the entire risk as to satisfactory
quality, performance, accuracy and effort is with him/her. The SAAS, and any services are provided "as is" and "as available", with all faults and
without warranty of any kind, and provider hereby disclaim all warranties and conditions with respect to the licensed software, and services, either
express, implied or statutory, including without limitation the implied warranties and conditions of merchantability, satisfactory quality, fitness
for a particular purpose, accuracy, timeliness, and non-infringement of third party rights. Provider does not warrant that the SAAS will meet customer’s
requirements, that the operation of the SAAS will be uninterrupted, timely, or error-free, that defects or errors in the SAAS will be corrected, or that
any information stored or transmitted through the SAAS will not be lost, corrupted or damaged. While provider takes reasonable physical, technical and
administrative measures to secure the service, provider does not guarantee that the SAAS and the access to the website cannot be compromised.
Certain supported third-party web services or technology that the Service integrates with may be made available within the Service Provider has no
liability regarding those web services or technology, and Customer’s agreement with that third-party solely governs Customer’s access and usage of that
web service or technology.
To the extent not prohibited by applicable law, in no event will provider be liable for personal injury, or any incidental, special, indirect,
consequential or punitive damages whatsoever, including, without limitation, damages for loss of profits, loss of data, business interruption or any
other commercial damages or losses, arising out of or related to this agreement, customer’s use or inability to use the licensed software, however caused,
whether under a theory of contract, warranty, tort (including negligence), products liability, or otherwise.
b. Limit on Liability. Provider’S liability for all damages arising out of or related to this Agreement does not exceed the actual amount paid by the
Customer for the service.
Customer agrees to indemnify and hold provider and its officers, directors, employees and licensors harmless from any claim or demand (including but not
limited to reasonable legal fees) made by a third party due to or arising out of or related to your violation of the terms and conditions of this
Agreement, your violation of any laws, regulations or third party rights or your negligent act, omission or willful misconduct
7. APPLICABLE LAW
This agreement is governed by the laws of the State of karnataka exclusive of conflict of law provisions and you attorn to the jurisdiction of the courts
of Karnataka with respect to any proceedings arising from this EULA.
Agreement and changes : This agreement and each order constitute the entire agreement between the parties, and supersede all prior or
contemporaneous negotiations, agreements and representations, whether oral or written, related to this subject matter. No modification of this
agreement is effective unless both parties sign it.
Enforceability and Force Majeure. If any term of this agreement is invalid or unenforceable, the other terms remain in effect. Neither party is
liable for force majeure events.
Appendix - A
A. About Test Odyssey
Test Odyssey is a test automation tool for automating functionality of web based applications. It leverages the capabilities of powerful web based tool
– Selenium. The tool is unique in terms of enabling its users to design automation tests without writing a single line of code. The tool is hosted on
Amazon cloud and complete test execution happens on cloud bringing up the required test infrastructure on demand.
Features of the tool
• Hybrid framework – Data+keyword driven that enables scriptless automation
• Import manual test cases
• Built in object repository
• Seamless execution on cloud
• Smart reporting
• Export defects to popular bug tracking tools – JIRA, bugzilla, Mantis and QC
B. Support and Training
Table seen below provides details on the training and support provided with the subscription plans of the tool
||Basic Annual Plan
||Premium Annual Plan
|Training on tool + automation consulting – 3 hours of web based support per month.
||Training on tool + automation consulting – 5 hours of web based support per month.
||Training on tool + automation consulting – 3 hours of web based support every month
||Training on tool + automation consulting – 8 hours of web based support every month.
C. Upgrades to the tool
Any changes/enhancements made to the product during an active subscription will be made available
D. Third Party Software Used
Open source tools – Selenium, AutoIT, Javauto, FFmpeg and NSIS have been used