DOWNLOADING, INSTALLING, COPYING, ACCESSING, BY CLICKING THE "ACCEPT" BUTTON, OR OTHERWISE USING THE SOFTWARE, SHALL IMPLY THAT YOU HAVE AGREED ON YOUR OWN FREE WILL THE TERMS OF USAGE OF THIS SOFTWARE AS A LICENSEE. IF YOU ARE ACCEPTING THESE TERMS ON BEHALF OF LICENSEE, YOU REPRESENT AND WARRANT THAT YOU HAVE FULL AUTHORITY TO BIND LICENSEE TO THESE TERMS. THE SOFTWARE IS OWNED BY ROBERT BOSCH ENGINEERING AND BUSINESS SOLUTIONS PRIVATE LIMITED AND IS ONLY LICENSED TO THE USER, NOT SOLD. TERMS AND CONDITIONS OF USE OF THE SOFTWARE (T’s & C’s) 1. Subject to the terms and conditions of this License, you are granted a limited non-exclusive license to use the trial version of the BETAS Automation Testing tool (hereinafter referred to as “Software”) for the purpose of internal evaluation (hereinafter referred to as “Intended Use”). 2. Robert Bosch Engineering and Business Solutions Private Limited having its registered office at 123, Industrial Layout, Hosur Road, Koramangala, Bangalore – 560095, India (RBEI) may, in its sole discretion and subject to prior reasonable notice, modify or revise these T’s & C’s at any time, and you agree to be bound by such modifications or revisions. 3. The Software Tool shall be made available to the User with License Key for the purpose of tracking the number of test cases executed using the same. 4. RBEI retains ownership and all other rights not expressly granted to you as per the terms and conditions specified herein. 5. You will use the Software only for the Intended Use as contained in detail in the Software License Agreement executed with the Licensee and which shall form an integral part of these T’s & C’s. 6. Except as permitted above you may not distribute or make the Software available over a network where it could be used by multiple devices at the same time. 7. You shall not use RBEI proprietary interfaces and other intellectual property in the design, development, manufacture, licensing or distribution of third party devices and accessories, or third party software applications, for use with the Licensed Software; 8. You will not further sub-license, rent, lease, assign, sell the Software or transfer the License provided herein to you for the Intended Use to any other third party without the express prior written permission of RBEI; 9. You may not either on your own account or enable others to, copy (except as expressly permitted by this License), decompile, reverse engineer, disassemble, attempt to derive the source code of, decrypt, modify, or create derivative works of the Software or any services provided by the Software, or any part thereof. Any attempt to do so is a violation of the rights of RBEI with regard to the Software. 10. You shall not permit any third party, to make error corrections to, or otherwise modify or adapt the Software, nor create derivative works based upon the Software; 11. In case of any malfunctioning of the software, please inform RBEI immediately so that RBEI can investigate and fix it in subsequent releases. However, RBEI shall not be liable for any damage caused directly or indirectly because of the same. 12. RBEI will not be responsible for any data leakage through the software. 13. If the software interacts with any other software/applications/tools/databases etc and this causes a direct/indirect malfunction, RBEI shall not be liable for the loss. 14. RBEI shall not be responsible if you allow any third parties to use the Software and if such third party suffers any losses due to usage of such software or any information related to it, you shall be solely liable and indemnify and keep indemnified RBEI for all such losses and damages. 15. You will not copy, modify, adapt, enhance, customize, make derivative works of and edit the Software. For avoidance of doubt, if you require any modification or customization in the Software, you shall approach RBEI for any such modifications, enhancements, customization etc. On such request, any modification or customization to the Software shall be carried out by RBEI if feasible, on such terms and conditions as may be mutually agreed; 16. You and RBEI will keep confidential up to a period of ten (10) years the contents of these terms and conditions or any information obtained by either to us in connection with the license of the Software. You and RBEI shall not disclose the terms and conditions contained herein or any information obtained by the other in connection with the license of the Software without the prior written consent of the other. 17. You agree to use the Software in compliance with all applicable laws as updated from time to time, including but not limited to data privacy laws, including local laws of the country or region in which you reside or in which you download or use the Software. 18. You agree that RBEI and its subsidiaries and agents may collect, maintain, process and use technical and related information, including but not limited to information about your computer, system and application software, and peripherals, that is gathered periodically to facilitate the provision of software updates, product support and other services to you (if any) related to the Software, and to verify compliance with the terms of this License. RBEI agrees to keep such information confidential and use it only for the purpose of this Agreement and as per applicable laws. 19. This trial license version is valid for automation of 50 test cases. Post usage for 50 test cases, the trial version will be terminated. Upon the termination of this License, you shall cease all use of the Software. 20. The Software is provided to you on an “As Is” basis. RBEI hereby disclaims, all expressed warranties, and all implied warranties, including but not limited to, the implied warranties of merchantability, fitness for a particular purpose, accuracy and completeness of the software, and any warranty relating to the Software being free from any viruses or errors and non-infringement of third party rights; 21. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY RBEI OR AN RBEI AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. 22. TO THE EXTENT NOT PROHIBITED BY APPLICABLE LAW, IN NO EVENT SHALL RBEI BE LIABLE FOR PERSONAL INJURY, OR ANY DIRECT, INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, CORRUPTION OR LOSS OF DATA, FAILURE TO TRANSMIT OR RECEIVE ANY DATA, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OF OR INABILITY TO USE THE SOFTWARE AND SERVICES OR ANY THIRD PARTY SOFTWARE OR APPLICATIONS IN CONJUNCTION WITH THE SOFTWARE, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE) AND EVEN IF YOU HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. 23. These terms and conditions constitute the entire agreement between you and RBEI relating to the Software. No amendment to or modification to these terms and conditions will be binding unless in writing and signed by you and RBEI. Any translation of these terms and conditions are done for local requirements and in the event of a dispute between the English and any non-English versions, the English version of the terms and conditions shall govern. 24. You will create, retain, and provide to RBEI and its auditors accurate written records, system tool outputs, and other system information sufficient to provide auditable verification that your use of the Software is in compliance with the Term and conditions, including, without limitation, all of RBEI's applicable licensing terms subject that such audit shall be conducted not more than once every twelve month at RBEI’s cost 25. Upon reasonable written notice, RBEI may verify your compliance with the License T’s & C’s at all sites and for all environments in which you use (for any purpose) the Software. Such verification will be conducted in a manner that minimizes disruption to your business, and will be conducted on your premises, during normal business hours. You will be entitled to review the findings of the audit and will be given an opportunity to provide RBEI with reasonable proof of your compliance. RBEI will not take any action before the above is completed. RBEI may use an independent auditor to assist with such verification, provided RBEI has a written confidentiality agreement in place with such auditor. You and RBEI hereby agree to the application of India without regard to conflict of law principles and to the exclusive jurisdiction of courts in Bangalore, India. 26. The United Nations Convention on Contracts for the International Sale of Goods does not apply.