Your privacy and trust is important to us. It is QA Cafe, LLC’s policy to respect your privacy regarding any information we may collect from you across our website, www.qacafe.com, and other sites we own and operate. This privacy statement provides clear information of how we collect, use, share and protect your personal data.
We may ask for personal information such as name, contact information (postal address, telephone number, and email address), employer or affiliation and billing information.
This data is considered “identifying information”, as it can personally identify you. We only request personal information relevant to providing you with a service, and only use it to help provide or improve this service.
QA Cafe, LLC, may also collect and use information by your online interactions with our website. This technical information may include IP address, browser size, type and language, time spent on our website and the hyperlinks you visited.
Our website may link to external sites that are not operated by us. Please be aware that we have no control over the content and practices of these sites, and cannot accept responsibility or liability for their respective privacy policies.
QA Cafe, LLC, collects information by fair and lawful means, with your knowledge and consent. We also let you know why we’re collecting it and how it will be used. We may collect personal information in several ways.
We use “cookies” to collect information about you and your activity across our website. A cookie is a small piece of data that our website stores on your computer, and accesses each time you visit, so we can understand how you use our site. This helps us serve you content based on the preferences you have specified. We may use persistent cookies and session cookies. A persistent cookie stays in your browser and will be read by us when you return to one of our sites. Persistent cookies will individually expire at different times. Session cookies only last for as long as the session (usually the current visit to a website or a browser session).
QA Cafe, LLC may use your personal information to contact you with updates about our website and services, along with promotional content that we believe may be of interest to you. If you wish to opt out of receiving promotional content, you can follow the “unsubscribe” instructions provided alongside any promotional correspondence from us. We will always ask for your consent prior to storing your personal information or using your personal information to send you promotional content. We don’t share any personally identifying information publicly or with third-parties, except when required to by law.
We only retain collected information for as long as necessary to provide you with your requested service. What data we store, we’ll protect within commercially acceptable means to prevent loss and theft, as well as unauthorised access, disclosure, copying, use or modification. The personal information we collect is stored and processed in the United States, or where our third-party providers maintain facilities. We only transfer data within jurisdictions subject to data protection laws that reflect our commitment to protecting the privacy of our users.
We may use third-party services for email marketing, advertising and promotion, analytics tracking and customer satisfaction surveys. We do not give them permission to disclose or use any of our data for any other purpose other than performing specific tasks on our behalf.
You have the right to be informed about how your data is collected and used. You are entitled to know what data we collect about you, and how it is processed. You are entitled to correct and update any personal information about you, and to request this information be deleted. If you have an account on our customer portal you may amend your account information at any time. Otherwise, you may email firstname.lastname@example.org to request modification or deletion of your personal information.
You are entitled to restrict or object to our use of your data, while retaining the right to use your personal information for your own purposes.
Feel free to contact us if you have any concerns or questions about how we handle your data and personal information.
QA Cafe, LLC Privacy Team
Postal Address: 55 Green Street, Portsmouth, NH 03801
This policy is effective as of September 19, 2018.
Last Updated: 8/21/2018
QACAFE - SOFTWARE LICENSE AGREEMENTPLEASE READ THIS SOFTWARE LICENSE AGREEMENT CAREFULLY BEFOREDOWNLOADING, 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 THISLICENSE, 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 YOURECEIVE, 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 LIABILITYIN 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
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.
CDRouter release numbers are defined as follows: Major Revision.Minor Revision. Build Number (Source Revision), ie 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.
If a customer purchases the NTA1000 hardware appliance, and the MSA is paid on time on recurring years, then the NTA1000 warranty applies. The NTA1000 warranty may be terminated if the 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 MSA can occur for the following:
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.
Please contact email@example.com or your local distributor to initiate a warranty claim.
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.
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 firstname.lastname@example.org to work out the specifics of your NTA1000 replacement.
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.
Contact email@example.com to work out the specifics of your NTA1000 trade-up.
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 code base 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.
CloudShark release numbers are defined as follows: Major Revision.Minor Revision.Patch Number, ie 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 MSA can occur 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.
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.
CloudShark requires continuous coverage for all maintenance and support agreements. Customers receive the most value out of their CloudShark investment by keeping all CloudShark appliances and related software under a current maintenance and support agreement.
CloudShark appliances and related software are not eligible for support or upgrades once the maintenance and support agreement expires. The maintenance and support agreement may be reinstated through the purchase of a Support Reinstatement along with a new maintenance and support agreement. New support agreements added after expiration are retroactive to the previous expiration date.