Legal

PLEASE READ THIS SOFTWARE LICENSE AGREEMENT CAREFULLY BEFORE
DOWNLOADING, INSTALLING OR USING QA CAFE OR QA CAFE-SUPPLIED SOFTWARE.

BY DOWNLOADING OR INSTALLING THE SOFTWARE YOU ARE CONSENTING TO BE BOUND BY THIS LICENSE. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS
LICENSE, THEN DO NOT DOWNLOAD, INSTALL OR USE THE SOFTWARE.

The following terms govern your use of the Software except to the extent a particular program (a) is the subject of a separate written agreement with QA Cafe or (b) includes a separate "click-on" license agreement as part of the installation and/or download process. To the extent of a conflict between the provisions of the foregoing documents, the order of precedence shall be (1) the written agreement, (2) the click-on agreement, and (3) this Software License.

License. Subject to the terms and conditions of and except as otherwise provided in this Agreement, QA Cafe and its suppliers grant to Customer ("Customer") a nonexclusive and nontransferable license to use the specific QA Cafe program modules, test suites or tools for which Customer has paid the required license fees (the "Software"). In addition, the foregoing license shall also be subject to the following limitations, as applicable:

Customer's use of the Software shall be limited to use on a single computer, on a single central processing unit, as applicable, or use on such greater number of computer units as Customer may have paid QA Cafe the required license fee. Only a single instance of Software may be executing on the single computer at a time. Multiple instances of the Software on a single computer require additional licenses for each instance.

NOTE: For demo copies for which QA Cafe does not charge a license fee, the above requirement to pay a license fee does not apply.

General Limitations. Except as otherwise expressly provided under this Agreement, Customer shall have no right, and Customer specifically agrees not to:

(i) transfer, assign or sublicense its license rights to any other person, or use the Software on unauthorized systems, and any such attempted transfer, assignment or sublicense shall be void;

(ii) decompile, decrypt, reverse engineer, or disassemble the Software to gain access to trade secrets or confidential information in the Software.

(iii) make copies of the Software, except as permitted in this agreement.

(iv) license, open source or resell copies of Customer developed test cases or derivative works to any other person without written permission by QA Cafe.

Upgrades and Additional Copies. For purposes of this Agreement, "Software" shall include (and the terms and conditions of this Agreement shall apply to) any upgrades, updates, bug fixes or modified versions (collectively, "Upgrades") or backup copies of the Software licensed or provided to Customer by QA Cafe or an authorized distributor for which Customer has paid the applicable license fees. NOTWITHSTANDING ANY OTHER PROVISION OF THIS AGREEMENT: (1) CUSTOMER HAS NO LICENSE OR RIGHT TO USE ANY SUCH ADDITIONAL COPIES OR UPGRADES UNLESS CUSTOMER, AT THE TIME OF ACQUIRING SUCH COPY OR UPGRADE, ALREADY HOLDS A VALID LICENSE TO THE ORIGINAL SOFTWARE AND HAS PAID THE APPLICABLE FEE FOR THE UPGRADE; (2) USE OF UPGRADES IS LIMITED TO QA CAFE SOFTWARE FOR WHICH CUSTOMER IS THE ORIGINAL END USER PURCHASER OR LESSEE OR WHO OTHERWISE HOLDS A VALID LICENSE TO USE THE SOFTWARE WHICH IS BEING UPGRADED; AND (3) USE OF ADDITIONAL COPIES IS LIMITED TO BACKUP PURPOSES ONLY.

Proprietary Notices. Customer agrees to maintain and reproduce all copyright and other proprietary notices on all copies, in any form, of the Software in the same form and manner that such copyright and other proprietary notices are included on the Software. Except as expressly authorized in this Agreement, Customer shall not make any copies or duplicates or any Software without the prior written permission of QA Cafe. Customer may make such backup copies of the Software as may be necessary for Customer's lawful use, provided Customer affixes to such copies all copyright, confidentiality, and proprietary notices that appear on the original.

Protection of Information. Customer agrees that aspects of the Software and associated documentation, including the specific design and structure of individual programs, constitute trade secrets and/or copyrighted material of QA Cafe. Customer shall not disclose, provide, or otherwise make available such trade secrets or copyrighted material in any form to any third party without the prior written consent of QA Cafe. Customer shall implement reasonable security measures to protect such trade secrets and copyrighted material. Title to Software and documentation shall remain solely with QA Cafe.

Term and Termination. This License is effective until terminated or until the applicable license or subscription term. Customer may terminate this License at any time by destroying all copies of Software including any documentation. Customer's rights under this License will terminate immediately without notice from QA Cafe if Customer fails to comply with any provision of this License. Upon termination, Customer must destroy all copies of Software in its possession or control.

Export. Software, including technical data, may be subject to U.S. export control laws, including the U.S. Export Administration Act and its associated regulations, and may be subject to export or import regulations in other countries. Customer agrees to comply strictly with all such regulations and acknowledges that it has the responsibility to obtain licenses to export, re-export, or import Software.

Limited Warranty. The warranty applies to the Software, the use of which is hereby licensed. QA Cafe warrants for one year from the date of delivery that the media on which the Software is supplied will be free from any defects described in the Documentation, when used on the supported hardware and system software listed on this Software package, provided such hardware and system software is in good working order.

If you use this Software on anything but the supported hardware and system software, you do so at your own risk. QA Cafe does not give any warranty (express or implied) that the Software will work under those conditions. 

EXCEPT FOR THE PRIOR EXPRESS LIMITED WARRANTIES, QA CAFE MAKES, AND YOU
RECEIVE, NO WARRANTIES, EXPRESS, IMPLIED STATUTORY OR IN ANY COMMUNICATION WITH YOU AND COMPANY SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.  QA CAFE DOES NOT WARRANT THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE.

Some states do not allow the exclusion of implied warranties so the above exclusion may not apply to you. This warranty gives you specific legal rights.  You may also have other rights which vary from state to state.

Restrictions. This warranty does not apply if the Product (a) has been altered, except by QA Cafe, (b) has not been installed, operated, repaired, or maintained in accordance with instructions supplied by QA Cafe, (c) has been subjected to abnormal physical or electrical stress, misuse, negligence, or accident; or (d) is licensed, for beta, evaluation, testing or demonstration purposes for which QA Cafe does not receive a payment of purchase price or license fee.

DISCLAIMER OF WARRANTY. EXCEPT AS SPECIFIED IN THIS WARRANTY, ALL EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS, AND WARRANTIES INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OR CONDITION OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, SATISFACTORY QUALITY OR ARISING FROM A COURSE OF DEALING, LAW, USAGE, OR TRADE PRACTICE, ARE HEREBY EXCLUDED TO THE EXTENT ALLOWED BY APPLICABLE LAW. TO THE EXTENT AN IMPLIED WARRANTY CANNOT BE EXCLUDED, SUCH WARRANTY IS LIMITED IN DURATION TO THE WARRANTY PERIOD. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM JURISDICTION TO JURISDICTION. This disclaimer and exclusion shall apply even if the express warranty set forth above fails of its essential purpose.

Governing Law. This License and all matters arising out of or relating to this License shall be governed by the laws of New Hampshire, excluding its conflict of law provisions. The parties agree to submit to the jurisdiction of, and agree that venue is proper in, these courts in any such legal action or proceeding.

LIMITATION OF LIABILITY

IN NO EVENT WILL QACAFE BE LIABLE FOR ANY DAMAGES, INCLUDING LOSS OF DATA, LOST PROFITS, COST OF COVER OR OTHER SPECIAL INCIDENTAL CONSEQUENTIAL OR INDIRECT DAMAGES ARISING FROM THE USE  OF THE SOFTWARE OR ACCOMPANYING DOCUMENTATION, HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY. THIS LIMITATION WILL APPLY EVEN IF COMPANY OR ANY AUTHORIZED DEALER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. YOU ACKNOWLEDGE THAT THE LICENSE FEE REFLECTS THIS ALLOCATION OF RISK.  SOME STATES DO NOT ALLOW LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

If Customer has entered into a contract directly with QA Cafe for supply of the Products subject to this warranty, the terms of that contract shall supersede any terms of this Warranty or the Software License, which are inconsistent with that contract.

Last Update: December 18, 2020

Last Update: July 1, 2021 Version 1.5

Definitions

Business hours: 9:00 am to 5:00 pm EST/EDT, Monday through Friday except on officially designated holidays.

Anniversary date: The first day of the current contract period. The first day of the contract period is the date CDRouter was purchased.

Contract period: One year (365 days) from the anniversary date, unless otherwise noted.

Response time: Most questions are typically answered within a few hours if received during normal business hours. Questions received outside of normal business hours will be addressed as soon as possible. Any issues requiring modification to CDRouter’s code base will be resolved on a case-by-case basis during the normal development cycle of CDRouter and made available as major or minor software upgrades, as deemed appropriate by QA Cafe.

Development Resources: This includes CDRouter’s API reference and Developer’s Guide. These resources can be used to write custom test cases, automate the execution of tests with CDRouter, extract results and data from CDRouter, and integrate CDRouter into larger existing test automation frameworks.

MSA: This is an abbreviation for the term maintenance and support agreement.

Services Provided

The services outlined below apply to both active CDRouter Subscription and MSA Licenses.

• Unlimited software support via email. All questions will be answered within the typical response time by a qualified member of the QA Cafe Support team during normal business hours. The QA Cafe Support team will answer all questions pertaining to active CDRouter Systems and will assist in the setup, configuration, and automation of CDRouter. QA Cafe’s Support team will also assist in the development of custom test cases and analysis of test results generated by CDRouter if needed, on a case by case basis. Note: Active CDRouter systems not running on supported NTA1000 hardware are considered, “Software-Only”. Software-Only support is limited and does not include support for features requiring an NTA1000 such as (i.e. Wi-Fi, Performance, ICS, Security, DOCSIS, etc). Individual user accounts and access to the secure section of the QA Cafe website which includes links for downloading different versions of CDRouter software, license management tools, and other development resources not available on the public website.
• The ability to request new features and functionality. QA Cafe will evaluate all new feature requests on a case by case basis and may choose to implement those that are deemed generally useful and/or beneficial.

Software Upgrades

CDRouter release numbers are defined as follows: Major Revision.Minor Revision.Build Number (Source Revision), e.g., CDRouter 12.0.1 (8b0e262).

QA Cafe typically makes two to four major or minor releases of CDRouter available per year. Releases are incremental and typically include a mix of new features, enhanced functionality, and maintenance fixes. Intermediate builds of a particular minor revision are also periodically released on a case by case basis, as deemed appropriate by QA Cafe, to resolve specific maintenance issues that may have been identified. All software releases are available at no extra charge throughout the contract period.

NTA1000 Hardware Warranty

If a customer purchases the NTA1000 hardware appliance, and the Subscription and MSA are paid on time on recurring years, then the NTA1000 warranty applies. The NTA1000 warranty may be terminated if the Subscription or MSA purchase order is not received by the due date (the anniversary date), or if payment terms are not met by the customer. See the NTA1000 Warranty Statement for more information.

Suspension of Subscription or MSA

Suspension of a Subscription or MSA can occur for the following:

• If payment terms are not met by the customer for any order. Suspension of Subscription or MSA can extend to all licenses of the parent company for which the payment terms are not met. All parties will be notified in writing of the payment violation. All services under the MSA will cease during the delinquent payment period.
• If the customer violates the QA Cafe Software License Agreement. Suspension of Subscription or MSA can extend to all licenses of the parent company for which the violation occurred.

MSA Renewal Window for CDRouter Perpetual Licenses

The MSA for a CDRouter license should normally be renewed before the anniversary date. In the case of an NTA1000 system, the purchase order for the MSA renewal must be received before the anniversary date to maintain the NTA1000 hardware warranty.

If the MSA for a CDRouter license is not renewed within 90 days following the anniversary date, it is considered permanently expired and the MSA for that license can no longer be renewed.

Subscription License Lapse

A Subscription customer that does not renew on or before their anniversary date is considered lapsed. Customers who wish to renew at a later date are not required to start the next subscription for the retrospective date. Customers may re-use their existing NTA hardware provided it is within the Warranty period or less than 4 years old, whichever is less. The NTA Free Trade-up is no longer applicable if the Subscription is not renewed on or before the anniversary date.

Note: There is a reactivation fee associated with re-activating a lapsed CDRouter system due to the increased support of updating the hardware and software to the new versions. This fee does not apply to a new hardware purchase. 

End.

Version 1.1, June 2020

Warranty Statement

1. Warranty. QA Cafe warrants the NTA1000 against defects in materials and operation for up to 5 years as long as the QA Cafe software installed on the NTA1000 is also covered under a CDRouter Maintenance and Support Agreement (MSA). The NTA1000 warranty no longer applies once the MSA or Subscription has expired or the NTA1000 is older than 5 years.
2. Misuse, Accidents, Negligence. Warranty does not apply to defects resulting from misuse, accidents, or negligence. The customer is required to follow operating instructions and industry standards for NTA1000 operation.
3. Third Party Software. Warranty does not apply to third party software installed on the NTA1000 or defects resulting from third party software. QA Cafe does not prevent the installation of third party software on the NTA1000. However, care must be used to validate that the software does not conflict or damage the NTA1000. Defects resulting from any third party software installed by QA Cafe or at the request of QA Cafe will be covered by this warranty.
4. Internal Hardware. Only additional internal hardware components installed or supported by QA Cafe are covered under the warranty. Installing additional internal hardware components such as network cards or memory will void the warranty. Attaching external devices using the USB, VGA, or serial interface does not void the warranty.
5. Liability. In no event will QA Cafe or its suppliers be liable for any damages, including loss of data, lost profits, cost of cover or other special incidental consequential or indirect damages arising from the use of the NTA1000, CDRouter Software, or accompanying documentation, however caused and on any theory of liability. This limitation will apply even if the company or any authorized dealer has been advised of the possibility of such damage. You acknowledge that the license fee reflects the allocation of risk. Some states do not allow limitation of exclusion of liability for incidental or consequential damages, so the above limitation may not apply to you.
6. Repair Services. QA Cafe does not offer repair services for NTA1000 systems with an expired MSA or NTA1000 systems older than 5 years. Claims. All warranty claims must be reported to QA Cafe within 90 days of encountering a defect. If a defect is reported, QA Cafe may ask for customer assistance to troubleshoot or resolve the issue.
7. Deemed Defective. If the unit is deemed defective, QA Cafe will provide instructions on how to return the unit to QA Cafe for repair or replacement. Shipping costs will be covered by QA Cafe with the exception of additional duty or import taxes. Replacement products may be new or in like-new condition. In the event that the NTA1000 platform is no longer available, a similar or updated platform will be provided.

How to Start a Warranty Claim

Please contact support@qacafe.com or your local distributor to initiate a warranty claim.

NTA1000 End of Life (EoL) Policy

1. EOL. NTA1000 hardware older than six (6) years is considered End of Life (EoL) and the hardware will no longer be supported or maintained. Customers with an active CDRouter Maintenance and Support Agreement (MSA) will continue to receive software-only support as offered upon their next renewal. Software-only support is limited and does not include support for features requiring an NTA1000 such as (i.e. Wi-Fi, Performance, ICS, Security, DOCSIS, etc).
2. Replacement. A customer may choose to replace their NTA1000 to the currently shipping hardware at any time provided the software is also covered by an active CDRouter MSA as per the NTA1000 Hardware Replacement Policy.

Replacement Policy

QA Cafe’s NTA1000 hardware platform is refreshed from time to time to take advantage of new hardware options and interface cards. Customers may wish to upgrade and replace their existing NTA1000 units to newer hardware revisions to take advantage of these new options.

We strongly recommend that customers replace their NTA1000 every 4-5 years as part of the normal hardware lifecycle.

1. Eligibility. A customer may choose to replace their NTA1000 with the currently shipping hardware at any time provided the software is also covered by an active CDRouter Maintenance and Support Agreement (MSA). QA Cafe will pay to ship the new NTA1000 to the customer. The customer must return the older NTA1000 within 30 days. The customer is responsible for import taxes and shipping.
2. Return Original NTA. In all cases, an NTA1000 replacement requires the end customer to return the older NTA1000 to QA Cafe within 30 days of receiving the new NTA1000. Failure to return the original NTA1000 will result in invoicing for a new CDRouter Test System. The customer is responsible for import taxes and shipping.
3. Software-Only Customer. Currently active CDRouter systems not running on supported NTA1000 hardware are considered, “Software-Only”. A Software-Only customer may choose to replace their software system by purchasing new NTA1000 hardware. QA Cafe will ship the new NTA1000 to the customer. The customer must discontinue the use of their original Software-Only system within 30 days.

NOTE: In all cases, Software-Only Customers must follow QA Cafe instructions to permanently remove the CDRouter application from the original Software-Only system and provide requested logs from the removal process.
Contact. 

Contact sales@qacafe.com to work out the specifics of your NTA1000 replacement.

Free Trade-Up Program

All QA Cafe active customers who participate in the NTA1000 “free” trade-up program are eligible for a new NTA1000 hardware system upon the fifth (5th) year of their CDRouter Maintenance and Support Agreement (MSA) or Subscription renewal. The NTA1000 hardware is frequently updated to support the latest technologies and participants will be able to take advantage of this hardware trade-up for no extra hardware cost.

1. Eligibility. In order to be eligible for the program, a customer must have a NTA1000v6 or newer. In addition, a customer must either have an active CDRouter Subscription or have paid the applicable CDRouter NTA1000 Hardware MSA annual fee for five (5) consecutive years. The license must be renewed prior to the anniversary date each year as defined in the CDRouter MSA.
2. New NTA. Upon the fifth (5th) year renewal date, an NTA1000 of equal or greater value will be shipped to the customer. The customer is responsible for any import taxes. This renewal date will restart the customer’s eligibility as year one (1) for their next trade-up.
3. Return Original NTA. In all cases, a NTA1000 trade-up requires the end customer to return the older NTA1000 to QA Cafe within 30 days of receiving the new NTA1000. Failure to return the original NTA1000 will result in invoicing for a new CDRouter Test System. The customer is responsible for import taxes and shipping.

Contact sales@qacafe.com to work out the specifics of your NTA1000 trade-up.

Last Update: July 1, 2021

Definitions

Business hours: 9:00 am to 5:00 pm EST/EDT, Monday through Friday except on officially designated holidays.

Anniversary date: The first day of the current contract period. Each CloudShark license comes with 1 year of maintenance and support from QA Cafe.

Contract period: One year (365 days) from the anniversary date, unless otherwise noted. Maintenance and support may be extended for another year at the conclusion of an existing contract period.

Response time: Most questions are typically answered within a few hours if received during normal business hours. Questions received outside of normal business hours will be addressed as soon as possible. Any issues requiring modification to CloudShark’s codebase will be resolved, on a case-by-case basis during the normal development cycle of CloudShark and made available as major or minor software upgrades, as deemed appropriate by QA Cafe.

Services Provided

• Unlimited software support via email. All questions will be answered within the typical response time by a qualified member of the QA Cafe Customer Support team during normal business hours. The QA Cafe Customer Support team will answer all questions pertaining to CloudShark and will assist in the setup, configuration, and use of CloudShark.
• Individual user accounts and access to the secure section of the CloudShark website which includes links for downloading different versions of CloudShark software, license management tools, and other resources not available on the public website.
• The ability to request new features and functionality. QA Cafe will evaluate all new feature requests on a case-by-case basis and may choose to implement those that are deemed generally useful and/or beneficial.

Upgrades

CloudShark release numbers are defined as follows: Major Revision.Minor Revision.Patch Number, e.g. CloudShark Enterprise v2.7.0.

Releases are incremental and typically include a mix of new features, enhanced functionality, and maintenance fixes. Intermediate builds of a particular minor revision are also periodically released, on a case-by-case basis, as deemed appropriate by QA Cafe, to resolve specific maintenance issues that may have been identified.

All software releases are available at no extra charge throughout the contract period.

Suspension of Subscription or MSA

Suspension of a Subscription or MSA can occur for the following:

• If payment terms are not met by the customer for any order. Suspension of Subscription or MSA can extend to all licenses of the parent company for which the payment terms are not met. All parties will be notified in writing of the payment violation. All services under the MSA will cease during the delinquent payment period.
• If the customer violates the QA Cafe Software License Agreement. Suspension of Subscription or MSA can extend to all licenses of the parent company for which the violation occurred.

MSA Renewal Window for CloudShark Perpetual Licenses

The MSA for a CloudShark license should normally be renewed before the anniversary date. If the MSA for a CloudShark license is not renewed within 90 days following the anniversary date, it is considered expired and the MSA for that license can no longer be renewed.

Subscription License Lapse

A Subscription customer that does not renew on or before their anniversary date is considered lapsed. Customers who wish to renew at a later date are not required to start the next subscription for the retrospective date. 

End.

Please read carefully before using this Service.

CloudShark Hosted Enterprise and Personal SaaS (this Service) is owned and operated by QA Cafe, LLC. If you (the User) do not accept the Terms of Service, or comply with the provisions, you may not use this Service.

Description of Service

CloudShark Hosted is a network packet capture file storage, analysis, and sharing platform. Users have the ability to upload packet captures to the CloudShark service, where they are catalogued (with added metadata) and presented in a web format. Users can then analyze and annotate the packet captures from anywhere, on any device that supports a compatible web browser.

Changes to Terms

QA Cafe, LLC may, at any time, for any reason and without notice, make changes to (i) this Service, including its look, feel, format, and content, (ii) the products and/or services as described in this Service, and (iii) these Terms of Service. Any modifications will take effect when posted to this Service. Therefore, each time the User accesses this Service, the User needs to review the Terms of Service, upon which access and use of this Service is conditioned. By the User’s continuing use of this Service after changes are posted, the User will be deemed to have accepted such changes.

Content provided by the User

Users are responsible for their own content and that of third parties that they share through this Service, that they upload and post on or through CloudShark, or that they transfer by any other means. Users confirm that they have all the necessary consents from third parties whose data and/or content they share with QA Cafe, LLC and hereby indemnify QA Cafe, LLC for any liability or claim arising against QA Cafe, LLC in connection with illegal distribution of third-party content or unlawful use of the Service.

QA Cafe, LLC does not moderate the content provided by Users or by third parties but will act if complaints are received from Users or if orders are issued by the public authorities regarding content deemed offensive or illegal.

QA Cafe, LLC’s use of content uploaded by Users, and User Information, is described in our Privacy Policy.

Security of Content and User Information

Though the Service is based on secure web technologies, QA Cafe, LLC provides no warranty and accepts no liability for the loss or breach of content uploaded or shared through this Service, nor does QA Cafe, LLC provide any warranty or accept any liability for User data stored as a consequence of the use of this Service.

Captures made using the free version of this Service are publicly accessible if the URL is known. Users are responsible for keeping all capture files and associated data (for example, the capture URL) private, and are responsible for keeping all User information (including but not limited to email address, password, and CloudShark API token) private.

QA Cafe, LLC’s use of content uploaded by Users, and User Information, is described in our Privacy Policy.

Service Availability

This Service is provided “as is”, and QA Cafe, LLC provides no express or implied warranty for accuracy or availability.

Deleting User Accounts and Account Termination

Registered Users can cancel their accounts and stop using this Service at any time by sending a cancellation request via email to support@qacafe.com.

Non-commercial Use

Users are not allowed to reproduce, duplicate, copy, sell, resell or exploit any portion of CloudShark without QA Cafe, LLC’s express permission, granted either directly or through a proper reselling program.

You may not use this Service for commercial purposes without prior consent from QA Cafe, LLC.

Forbidden Use

The Service shall be used only in accordance with these Terms.

Users may not:

• reverse engineer, decompile, disassemble, modify or create derivative works based on CloudShark or any portion of it;
• circumvent any technology used by CloudShark or its licensors to protect content accessible via it;
• copy, store, edit, change, prepare any derivative work of or alter in any way any of the content provided through CloudShark;
• use any robot, spider, site search/retrieval application, or other automated device, process or means to access, retrieve, scrape, or index any portion of CloudShark or its content;
• rent, lease or sublicense CloudShark;
• defame, abuse, harass, use threatening practices, threaten or violate the legal rights of others in any other way (such as rights of privacy and publicity);
• disseminate or publish content that is unlawful, obscene, illegitimate, defamatory or inappropriate;
• use CloudShark in any other improper way that violates these Terms.

Limitation of Liability

YOUR USE OF THE SERVICE IS AT YOUR OWN RISK. QA Cafe, LLC SPECIFICALLY DISCLAIMS ANY LIABILITY, WHETHER BASED IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, CONSEQUENTIAL, OR SPECIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH ACCESS TO, USE OF OR RELIANCE ON THE CONTENT (EVEN IF QA Cafe HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) OR THAT ARISE IN CONNECTION WITH MISTAKES OR OMISSIONS IN, OR DELAYS IN TRANSMISSION OF, INFORMATION TO OR FROM THE USER, ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION OR DELIVERY, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORDS, PROGRAMS OR FILES, INTERRUPTIONS IN TELECOMMUNICATIONS CONNECTIONS TO THE SERVICE OR VIRUSES, WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATIONS FAILURE, THEFT OR DESTRUCTION OF, OR UNAUTHORIZED ACCESS TO THE SERVICE OR THE CONTENT. THIS LIMITATION OF LIABILITY MAY BE DIFFERENT IN CONNECTION WITH SPECIFIC PRODUCTS AND SERVICES OFFERED BY QA Cafe, LLC. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY, SO THIS LIMITATION MAY NOT APPLY TO YOU.

Indemnity

You agree to defend, indemnify, and hold QA Cafe, LLC, its officers, directors, employees, agents, licensors, and suppliers, harmless from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your violation of these Terms of Service.

Last Updated: 7/21/2021

Last Update: July 1, 2021 Version 1.0

Definitions

Business hours: 9:00 am to 5:00 pm EST/EDT, Monday through Friday except on officially designated holidays.

Anniversary date: The first day of the current contract period. The first day of the contract period is the date PassPort was purchased.

Contract period: One year (365 days) from the anniversary date, unless otherwise noted.

Response time: Most questions are typically answered within a few hours if received during normal business hours. Questions received outside of normal business hours will be addressed as soon as possible. Any issues requiring modification to PassPort’s code base will be resolved on a case-by-case basis during the normal development cycle of PassPort and made available as major or minor software upgrades, as deemed appropriate by QA Cafe.

Services Provided

The services outlined below apply to an active PassPort Subscription License.

• Unlimited software support via email. All questions will be answered within the typical response time by a qualified member of the QA Cafe Support team during normal business hours. The QA Cafe Support team will answer all questions pertaining to active PassPort Systems and will assist in the setup, configuration, and automation of PassPort. QA Cafe’s Support team will also assist in the analysis of test results generated by PassPort if needed, on a case-by-case basis. Individual user accounts and access to the secure section of the QA Cafe website which includes links for downloading different versions of PassPort software, license management tools, and other resources not available on the public website.
• The ability to request new features and functionality. QA Cafe will evaluate all new feature requests on a case by case basis and may choose to implement those that are deemed generally useful and/or beneficial.

Software Upgrades

PassPort release numbers are defined as follows: Major Revision.Minor Revision.Patch, i.e., PassPort 2.1.1.

QA Cafe typically makes two to four major or minor releases of PassPort available per year. Releases are incremental and typically include a mix of new features, enhanced functionality, and maintenance fixes. Intermediate builds of a particular minor revision are also periodically released on a case-by-case basis, as deemed appropriate by QA Cafe, to resolve specific maintenance issues that may have been identified. All software releases are available at no extra charge throughout the contract period.

Suspension of Subscription

Suspension of a Subscription can occur for the following:

• If payment terms are not met by the customer for any order. Suspension of MSA can extend to all licenses of the parent company for which the payment terms are not met. All parties will be notified in writing of the payment violation. All services under the MSA will cease during the delinquent payment period.
• If the customer violates the QA Cafe Software License Agreement. Suspension of MSA can extend to all licenses of the parent company for which the violation occurred.

Subscription License Lapse

A Subscription customer that does not renew on or before their Contract Period ends is considered lapsed. Customers who wish to renew at a later date are not required to start the next subscription for the retrospective date. 

Hardware Warranty

QA Cafe warrants the PassPort hardware against defects in materials and operation for up to 1 year. 

Misuse, Accidents, Negligence. Warranty does not apply to defects resulting from misuse, accidents, or negligence. The customer is required to follow operating instructions and industry standards for operation.

Third-Party Software. Warranty does not apply to third-party software installed on the PassPort hardware or defects resulting from third-party software. Defects resulting from any third-party software installed by QA Cafe or at the request of QA Cafe will be covered by this warranty.

Internal Hardware. Only additional internal hardware components installed or supported by QA Cafe are covered under the warranty. Installing additional internal hardware components such as network cards or memory will void the warranty. Attaching external devices using the USB, VGA, or serial interface does not void the warranty.

Liability. In no event will QA Cafe or its suppliers be liable for any damages, including loss of data, lost profits, cost of cover or other special incidental consequential or indirect damages arising from the use of the NTA1000, CDRouter Software, or accompanying documentation, however caused and on any theory of liability. This limitation will apply even if the company or any authorized dealer has been advised of the possibility of such damage. You acknowledge that the license fee reflects the allocation of risk. Some states do not allow limitation of exclusion of liability for incidental or consequential damages, so the above limitation may not apply to you.

Repair Services. QA Cafe does not offer repair services for PassPort hardware systems older than 1 year.

Claims. All warranty claims must be reported to QA Cafe within 90 days of encountering a defect. If a defect is reported, QA Cafe may ask for customer assistance to troubleshoot or resolve the issue.

Deemed Defective. If the unit is deemed defective, QA Cafe will provide instructions on how to return the unit to QA Cafe for repair or replacement. Shipping costs will be covered by QA Cafe with the exception of additional duty or import taxes. Replacement products may be new or in like-new condition. In the event that the hardware platform is no longer available, a similar or updated platform will be provided.

How to Start a Warranty Claim

Please contact support@qacafe.com or your local distributor to initiate a warranty claim.

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