Software License Agreement - TestAdvantage™ for Windows Forms (for HP® QuickTest
Professional™ software) AND TestAdvantage for Windows Forms (for IBM® Rational®
Functional Tester) AND TestAdvantage™ for WPF (for HP® QuickTest Professional™
software)(Revised October 2012)
PLEASE READ THIS CLICK-THROUGH LICENSE AGREEMENT ("LICENSE") CAREFULLY BEFORECHECKING THE “I ACCEPT” BOX AND CLICKING ON THE “CONTINUE” BUTTON. THIS LICENSEIS A LEGAL AGREEMENT BETWEEN INFRAGISTICS AND YOU AND BY CHECKING THE “I
ACCEPT” BOX AND CLICKING THE “CONTINUE” BUTTON OR DOWNLOADING THE SOFTWARE(AS DESCRIBED BELOW) YOU ARE AGREEING THAT YOU HAVE READ ALL OF THE TERMS AND
CONDITIONS SET FORTH BELOW, UNDERSTAND ALL OF THE TERMS AND CONDITIONS OF
THIS LICENSE AND AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS LICENSE.
IF YOU ARE ENTERING INTO THIS AGREEMENT ON BEHALF OF A COMPANY OR OTHER
ENTITY, YOU REPRESENT THAT YOU ARE THE EMPLOYEE OR AGENT OF SUCH COMPANY (OROTHER ENTITY) AND YOU HAVE THE AUTHORITY TO ENTER INTO THIS LICENSE ON BEHALF
OF SUCH COMPANY (OR OTHER ENTITY).
WARNING------------------INFRAGISTICS IS WILLING TO LICENSE THE SOFTWARE TO YOU ONLY UPON THE CONDITIONTHAT YOU ACCEPT ALL OF THE TERMS AND CONDITIONS CONTAINED IN THIS LICENSE.
IF YOU DO NOT AGREE TO ANY OF THE TERMS AND CONDITIONS OF THIS LICENSE, YOU
MUST CLICK ON THE “CANCEL” BUTTON. IF YOU CLICK THE “CANCEL” BUTTON, THE
DOWNLOAD AND INSTALLATION PROCESS WILL BE TERMINATED AND YOU WILL RECEIVE A
REFUND OF ANY LICENSE FEES PAID FOR THE SOFTWARE. THE “EFFECTIVE DATE” OF THISLICENSE IS THE DATE UPON WHICH YOU CHECK THE “I ACCEPT” BOX AND CLICK THE“CONTINUE” BUTTON.
I. OWNERSHIP; LICENSE GRANT.
A. As between the parties, Infragistics owns all right, title and interest in and to thecomputer software and associated media and materials including any related
documentation such as standard training, user or reference manuals delivered in machinereadable form or on-line at the Infragistics website (collectively, the “SOFTWARE”) and any
and all patents, copyrights, moral rights, trademarks, trade secrets and any other form ofintellectual property rights recognized in any jurisdiction, including applications andregistrations for any of the foregoing embodied therein (“Intellectual Property Rights”). The
SOFTWARE is licensed, not sold, to You by Infragistics. There are no implied licenses andInfragistics retains all rights not expressly granted to You in this LICENSE. All corrections, bug
fixes, enhancements, updates, additions, or new releases (“Updates”) created by or on
behalf of Infragistics and provided or made available to You as part of the SOFTWARE will,
together with all applicable Intellectual Property Rights, be owned by Infragistics, but will be
included as part of the SOFTWARE for purposes of the license granted to You hereunder.

B. Infragistics hereby grants to You, and You accept, a non-exclusive, non-transferable, nonsublicensable, revocable and limited license to access, use and copy the SOFTWARE, inobject code form, as authorized in Section II of this LICENSE.
II. TRIAL LICENSE; PERMITTED USES.
A. You may install, copy, and use trial versions of the SOFTWARE solely for the limited
purposes of displaying product demonstrations, trials and design time evaluations, andrunning a product tour, in each case internally for the purposes of performing an evaluationof the SOFTWARE, all in accordance with this LICENSE. All trial versions of the SOFTWARE
are subject to the rights, requirements and obligations of this LICENSE.
B. The SOFTWARE is licensed for full use per registered computer, upon payment of thethen-current per computer license fee, at which time the SOFTWARE may be installed andused on the registered computer(s), or on a network server, as long as the use of the
SOFTWARE is only on the registered computer(s), for which a license fee has been paid.
C. For purposes of both the trial license and full license, the SOFTWARE is in "use" on acomputer when it is loaded into temporary memory (e.g., RAM) or installed into permanent
memory (e.g., hard disk, CD-ROM, or other storage device) of that computer. However,installation on a network server for the sole purpose of internal distribution to one or morelicensed computer(s) shall not constitute "use" for which a separate license is required,provided You have a separate license for each computer to which the SOFTWARE is
distributed.
D. Solely with respect to the documentation included or otherwise made available as part of
the SOFTWARE, You may make a copies (either in hardcopy or electronic form); provided,that such copies shall be used only on the registered computer for Your internal purposessolely as required to exercise Your rights hereunder and are not to be republished or
distributed to any third party.
E. All copies of the SOFTWARE or the included/available documentation made by You orYour users shall include Infragistics’ copyright, trademark, service mark, and otherproprietary notices in the same form and location as the notice appears on the original
work.
III. PROHIBITED USES.
A. You may not without the prior written permission of Infragistics:• disassemble, decompile or "unlock", decode or otherwise reverse translate or engineer, or
attempt in any manner to reconstruct or discover any source code or underlying algorithmsof SOFTWARE which is provided in object code form only,or create any derivative works of
the SOFTWARE except as expressly permitted in Sections IV (if applicable) and V;• use, copy, modify or merge copies of the SOFTWARE and any accompanying documents
except as permitted in this LICENSE;• transfer, rent, lease, or sublicense the SOFTWARE; or• separate the software programs comprising the SOFTWARE for use by more than one user
at a time.

IV. SOURCE CODE.
A. Provided You have purchased license rights to the SOFTWARE’s source code (the “Source
Code”). You shall be and hereby are granted a non-exclusive, non-transferable, nonsublicensable, revocable and limited license to access, use, copy and modify the Source
Code, including the right to may make modifications, enhancements, derivative works
and/or extensions (“Modifications”) to the SOFTWARE or Source Code utilizing any such
Source Code, subject to the terms of this Section IV. If You license any Source Code, any andall additional licenses for the related SOFTWARE product held by Your
organization/company must include (and all respective fees must be paid for) the rights to
the respective Source Code.
B. While Infragistics does not claim any ownership rights in applications, frameworks orcomponents developed using the Source Code, in the event You or any of Your users design,develop or create any Modifications to the SOFTWARE or Source Code, either independently
or jointly with Infragistics, such Modifications and all Intellectual Property Rights associatedtherewith will be the exclusive property of Infragistics. You will, however, be entitled to use
such Modifications under the terms set forth in this LICENSE. You and Your users agree toassign, and hereby assign, to Infragistics the ownership of all such right, title and interests insuch Modifications including, without limitation, all Intellectual Property Rights therein andInfragistics shall have the right to obtain and hold same in its own name, without obligationof any kind to You except for the rights granted under this LICENSE. You also agree to, andshall ensure Your users, execute, acknowledge and deliver to Infragistics all documents anddo all things Infragistics deems necessary or desirable, at no cost to You or them but at
Infragistics expense, to enable Infragistics to obtain and secure its rights to such
Modifications anywhere in the world. You agree to secure all necessary rights andobligations from Your employees, consultants or agents in order to satisfy the foregoingobligations. You will not grant, either expressly or impliedly, any rights, title, interest, or
licenses to any such Modifications to any third party.
C. You may not distribute the Source Code, or any Modifications to the SOFTWARE or
Source Code, in source code form.
D. Under no circumstances may any portion of the Source Code be distributed, disclosed orotherwise made available to any third party without the express, prior written consent ofInfragistics.
E. Under no circumstances may any Source Code be used, in whole or in part, as the basis
for creating a product that provides the same, or substantially the same, functionality as any
Infragistics product. You will not take any action, or assist or otherwise aid anyone else intaking any action that would limit Infragistics' independent development, sale, assignment,
licensing or use of its own software or any Modification(s) thereto.
F. YOU UNDERSTAND AND ACKNOWLEDGE THAT SOURCE CODE IS LICENSED “AS IS”, AND
THAT INFRAGISTICS DOES NOT PROVIDE ANY TECHNICAL SUPPORT FOR SOURCE CODE.
V. REDISTRIBUTABLE COMPONENTS.
A. In addition to the license and rights granted in Sections I and II, Infragistics grants you theright to use the presentation layer framework portion of the SOFTWARE in electronic format(collectively "PLF") provided:• You may use the PLF to create your own components, as long as, it is NOT the basis forcreating a product that provides the same, or substantially the same, functionality as any
Infragistics product; and• in the event You or any of Your developers design, develop or create any Modifications to
the PLF, either independently or jointly with Infragistics, such Modifications and allIntellectual Property Rights associated therewith will be the exclusive property of
Infragistics.

You will, however, be entitled to use such Modifications under the terms set forth in this
LICENSE. You and Your developers agree to assign, and hereby assign, to Infragistics theownership of all such right, title and interests in such Modifications to the PLF including,
without limitation, all Intellectual Property Rights therein and Infragistics shall have the rightto obtain and hold same in its own name, without obligation of any kind to You except for
the rights granted under this LICENSE. You also agree to, and shall ensure Your developer(s),execute, acknowledge and deliver to Infragistics all documents and do all things Infragistics
deems necessary or desirable, at no cost to You or them but at Infragistics expense, toenable Infragistics to obtain and secure its rights to such Modifications anywhere in theworld. You agree to secure all necessary rights and obligations from Your employees,
consultants or agents in order to satisfy the foregoing obligations. You will not grant, either
expressly or impliedly, any rights, title, interest, or licenses to any such Modifications to any
third party.
B. In addition to the license and rights granted in Sections I and II, Infragistics grants You a
non-exclusive, royalty-free, revocable and limited license right to reproduce and distribute,in object code form, those portions of the SOFTWARE identified in the documentation as: (i)the VBX and/or OCX controls and/or DLL controls and/or class files and/or jar files; and (ii)
REDISTRIBUTABLE DLLs, (collectively the "REDISTRIBUTABLES"); provided that:• You distribute the REDISTRIBUTABLES in object code form only in conjunction with and as
part of your software application product which adds significant and primary functionality;• You do not use Infragistics' name, logo or trademarks to market your software application
product.

C. In addition to the other requirements set forth in this Section V, You hereby agree toindemnify, hold harmless, and defend Infragistics from and against any and all liabilities,
damages, losses, costs and expenses (including reasonable attorneys' fees) arising from orrelated to any claim, action, proceeding or allegation that arises or results, either directly or
indirectly, from: (i) Your use and the use by Your employees, consultants and agents of the
SOFTWARE; (ii) any breach by YOU or them of the terms of this LICENSE; and (iii) the use anddistribution of any of Your software application product(s) or components.
VI. TERMINATION.
A. The term of this LICENSE will commence on the Effective Date and will remain in effect inperpetuity, unless otherwise terminated in accordance with this Section VI.
B. You may voluntarily terminate this LICENSE at any time by deleting all copies of the
SOFTWARE. Infragistics credit policy is available upon request.
C. This LICENSE and Your right to use the SOFTWARE will terminate immediately without
notice from Infragistics if You fail to comply with the terms and conditions of this LICENSE.
This is in addition to and not in lieu of any criminal, civil or other remedies available to
Infragistics.
D. Upon any termination of this LICENSE, all rights granted to You in the SOFTWARE andunder this LICENSE will immediately cease. You agree to destroy the SOFTWARE (including
all accompanying documentation) and all copies thereof in any form.
In addition to this Section VI, the following Sections will survive any termination or of this
LICENSE: I.A, III, IV.B. V, VII, IX, X and XI.
VII. CONFIDENTIALITY.
You acknowledge and agree that the SOFTWARE provided to you pursuant to this LICENSE,
as well as any Source Code, Updates and Modifications thereto contain trade secrets, knowhow and other confidential and proprietary information including, without limitation, theconcepts, techniques, ideas, algorithms, methods, and structure and design elements
embodied and expressed in any computer programs or modules included in the SOFTWARE,
as well as the structure, sequence and organization of such programs or modules(“Confidential Information”) that is the exclusive property of Infragistics, the developmentof which required the expenditure of considerable time and money by Infragistics. Youfurther acknowledge that any disclosure to third parties of the Confidential Information may
cause immediate and irreparable harm to Infragistics.
You agree to maintain in confidence the SOFTWARE, Source Code, any Updates andModifications as well as all Confidential Information by using at least the same physical andother security measures as you use for your own confidential technical information anddocumentation, but in no event less that a commercially reasonable standard of care. You
further agree not to disclose the SOFTWARE, Source Code, any Updates and Modifications
and the Confidential Information to anyone other than Your employees or contractors who
have a need to know or obtain access to such Confidential Information in order to support
your authorized use of the SOFTWARE and who are bound to protect the SOFTWARE,
Source Code, any Updates and Modifications and such Confidential Information against anyother use or disclosure. You shall be fully responsible for Your employees' or consultants'
compliance with this Section VII. These obligations shall not apply to any portion of the
SOFTWARE, Source Code, any Updates and Modifications or Confidential Information whichis: (i) generally available to the public, or (ii) independently developed by You without
reliance on the Confidential Information, or (iii) approved in writing for release by
Infragistics without restriction.
VIII. U.S. GOVERNMENT RESTRICTED RIGHTS.
If You are acquiring the SOFTWARE on behalf of any unit or agency of the United States
Government (collectively, the “Government”), the following provisions apply. The
Government agrees: (i) if supplied to the Department of Defense (DoD), the SOFTWARE is"Commercial Computer Software" and the Government acquires the SOFTWARE with"restricted rights," as defined in Clause 252.227-7013(c)(1) of the DFARS; (ii) if the
SOFTWARE is supplied to any other Government unit or agency, the Government’s rights in
the SOFTWARE are defined in Clause 52.227-19(c)(2) of the FAR; but if the SOFTWARE is
supplied to NASA, the Government's rights are defined in Clause 18-52.227-86(d) of theNASA supplement to the FAR. Manufacturer is Infragistics, Inc., 2 Commerce Drive,
Cranbury, NJ 08512.
IX. LIMITED WARRANTY.
A. You represent, warrant and covenant that: (i) all of Your employees and consultants will
abide by the terms of this Agreement; and (ii) You will comply with all applicable laws,
regulations, rules, orders and other requirements, now or hereafter in effect, of any
applicable governmental authority, in its performance of this LICENSE. Notwithstanding any
terms to the contrary in this LICENSE, You will remain responsible for acts or omissions of all
employees or consultants of Yours to the same extent as if such acts or omissions were
undertaken by You. You assume responsibility for the selection of the SOFTWARE to achieve
your intended results, and for the installation, use, and results obtained from the
SOFTWARE.
B. Except with respect to REDISTRIBUTABLES and Source Code, which are provided "AS IS,"
without warranty of any kind, Infragistics warrants that the SOFTWARE will perform
substantially in accordance with its accompanying documentation for a period of thirty (30)days from the Effective Date. INFRAGISTICS DOES NOT PROVIDE ANY TECHNICAL SUPPORTFOR SOURCE CODE.
C. Except as set forth in Section IX.B, the SOFTWARE IS PROVIDED ON AN “AS IS” OR “AS
AVAILABLE” BASIS WITHOUT ANY REPRESENTATIONS, WARRANTIES, COVENANTS OR
CONDITIONS OF ANY KIND. INFRAGISTICS AND ITS LICENSORS AND/OR SUPPLIERS DO NOTWARRANT THAT ANY OF THE SOFTWARE WILL BE FREE FROM BUGS, ERRORS, OROMISSIONS. INFRAGISTICS AND ITS LICENSORS/SUPPLIERS DISCLAIM ANY AND ALL OTHERWARRANTIES AND REPRESENTATIONS (EXPRESS OR IMPLIED, ORAL OR WRITTEN) WITHRESPECT TO THE SOFTWARE WHETHER ALLEGED TO ARISE BY OPERATION OF LAW, BY
REASON OF CUSTOM OR USAGE IN THE TRADE, BY COURSE OF DEALING OR OTHERWISE,INCLUDING ANY AND ALL (i) WARRANTIES OF MERCHANTABILITY, (ii) WARRANTIES OFFITNESS OR SUITABILITY FOR ANY PURPOSE (WHETHER OR NOT INFRAGISTICS KNOWS, HAS
REASON TO KNOW, HAS BEEN ADVISED, OR IS OTHERWISE AWARE OF ANY SUCH PURPOSE),
OR (III) WARRANTIES OF NONINFRINGEMENT OR CONDITION OF TITLE. YOU ACKNOWLEDGE
AND AGREE THAT YOU HAVE RELIED ON NO SUCH WARRANTIES.
X. LIMITATION OF LIABILITIES.
A. Infragistics' and its licensors’/suppliers' entire liability, in contract, tort or otherwise, andyour exclusive remedy under the performance warranty set forth in Section IX.B, shall be, atInfragistics' option, either: (i) return of the purchase price paid, or (ii) repair or replacementof the defective SOFTWARE. This limited warranty is void if failure of the SOFTWARE has
resulted from accident, abuse, or misapplication. Any replacement SOFTWARE will bewarranted for the remainder of the original thirty (30) day period.
B. Infragistics' total, aggregate liability, whether in contract, tort, or otherwise, arising out ofYour use or the use of Your employees or consultants of, or in connection with, the
SOFTWARE, or otherwise under this LICENSE, shall in no event exceed the amount of thelicense fee paid or payable by You to Infragistics, if any, under this LICENSE. MULTIPLE
CLAIMS WILL NOT EXPAND THIS LIMITATION.
C. IN NO EVENT SHALL INFRAGISTICS OR ITS SUPPLIERS BE LIABLE TO YOUR OR ANY THIRDPARTY FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGESWHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESSPROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, LOSS OF USE, LOSSOF REVENUE, LOSS OF GOODWILL, OR ANY OTHER LOSS) ARISING OUT OF THE USE OF OR
INABILITY TO USE THE SOFTWARE, OR IN CONNECTION WITH THIS LICENSE, REGARDLESS OF
THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE,
EVEN IF INFRAGISTICS HAS BEEN ADVISED OR IS OTHERWISE AWARE OF THE POSSIBILITY OF
SUCH DAMAGES.
D. Some states and jurisdictions do not allow the exclusion or limitation of liability forconsequential or incidental damages, or the exclusion of implied warranties, so thelimitations in Sections X.B and X.C may not apply to you.
XI. MISCELLANEOUS.

This LICENSE is governed by, and shall be construed in accordance with the laws of the State
of New Jersey as applied to agreements entered into and to be performed entirely within
New Jersey. This LICENSE is the entire agreement between You and Infragistics regarding
the subject matter hereof and supersedes all other agreements between us, whether
written or oral, relating to this subject matter hereof. In the event of a conflict between this
LICENSE and any terms of service or other information on the Infragistics web-site, this
LICENSE will prevail. You may not transfer Your rights under this LICENSE to any third party.
If any provision of this LICENSE is invalid, illegal, or incapable of being enforced by any ruleof law or public policy, all other provisions of this LICENSE will nonetheless remain in fullforce and effect.

The SOFTWARE is protected by United States copyright laws and international treaty
provisions. All rights are reserved worldwide.