End User License Agreement

This End-User License Agreement (hereinafter referred to as the “Agreement”) is a legal agreement between the end user (“Licensee”) and Specmatic (“Licensor”) for the use of the software products provided by Specmatic (“Software”). By installing, accessing, or using the Software, the Licensee agrees to be bound by the terms of this Agreement. 

Specmatic grants the Licensee a non-exclusive, non-transferable, revocable license to use the Software solely for its intended purpose. The Software is licensed, not sold, and the Licensee acquires no ownership rights in the Software. 

The Licensee shall not: 

All intellectual property rights in and to the Software, including modifications, updates, or enhancements, are and shall remain the sole property of Specmatic. 

The Licensee agrees to use the Software in accordance with its documentation and guidelines. 

The Licensee agrees to keep all non-public information regarding the Software confidential and shall not disclose such information without prior written consent from Specmatic. 

The Software may collect anonymized usage data to improve performance, enhance functionality, and support ongoing development efforts. All data collected is fully anonymized and does not contain personally identifiable information (PII). The Licensee acknowledges and agrees that Specmatic may analyze aggregated usage trends for research, diagnostics, and enhancement purposes. Specmatic ensures that any data collection is conducted in compliance with applicable privacy laws, including but not limited to GDPR, and follows ethical data-handling practices. The Licensee may review the Software documentation for details on how anonymized data is collected, processed, and stored. 

For users who opt in to Specmatic’s Insights Program, the Software may collect personal data along with test data for analysis and visualization purposes. Personal data collected may include, but is not limited to, user identifiers, test configurations, and interaction logs, to enhance reporting accuracy and personalized insights. The Licensee acknowledges that by signing up for the Insights Program, they consent to the collection, processing, and analysis of their data in accordance with Specmatic’s privacy policies. All personal data collected is handled securely and in compliance with applicable data protection laws, including GDPR. Users may withdraw their participation in the Insights Program at any time through the Software’s settings or by contacting Specmatic. 

The Licensee agrees to indemnify, defend, and hold harmless Specmatic, its affiliates, officers, employees, agents, suppliers, and licensors from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorneys’ fees) arising from or in connection with: 

Specmatic reserves the right, at its own expense, to assume exclusive defense and control of any matter subject to indemnification by the Licensee, in which case the Licensee shall cooperate fully with Specmatic’s defense. 

The Software is provided “as is” and “as available,” with no warranties of any kind, express, implied, or statutory, including but not limited to implied warranties of merchantability, fitness for a particular purpose, title, or non-infringement. Specmatic does not guarantee that the Software will be error-free, uninterrupted, or that defects will be corrected. The entire risk as to the quality, performance, and use of the Software lies with the Licensee. To the fullest extent permitted by law, all warranties are expressly disclaimed. 

To the maximum extent permitted by applicable law, in no event shall Specmatic, its affiliates, officers, employees, agents, suppliers, or licensors be liable for any damages, whether direct, indirect, incidental, consequential, special, punitive, or exemplary, arising out of or in connection with the use of or inability to use the Software, even if advised of the possibility of such damages. This limitation of liability applies to any claims arising from the Software, including but not limited to loss of data, business interruption, loss of profits, or legal claims brought by third parties. If applicable law does not allow the exclusion or limitation of certain damages, Specmatic’s aggregate liability shall not exceed the fees paid by the Licensee for the Software, if any. 

Certain items of software included with the Software are subject to open-source or free software licenses (“Open-Source Software”). Some of this Open-Source Software is owned by third parties. The Open-Source Software is not subject to the terms and conditions of this EULA. Instead, each item of Open-Source Software is licensed under its respective end-user license agreement. Nothing in this EULA limits or overrides the rights granted under applicable open-source licenses. The Licensee agrees to comply with any relevant terms of such licenses when using the Software. Specmatic makes no warranties regarding third-party open-source software and assumes no liability for its use or performance. If required by any open-source license, Specmatic will make the source code for applicable Open-Source Software, along with any modifications, available upon written request to Specmatic at the provided contact information. 

This Agreement is effective until terminated. Specmatic may terminate this Agreement at any time if the Licensee breaches any terms herein. Upon termination, the Licensee must cease all use of the Software and destroy all copies in their possession. 

This Agreement shall be governed by and construed in accordance with the laws of Mumbai, India. 

This Agreement constitutes the entire agreement between the parties regarding the subject matter and supersedes all prior agreements or understandings. 

By installing, accessing, or using the Software, the Licensee acknowledges that they have read, understood, and agree to be bound by the terms of this Agreement.