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End User Subscription Agreement

This End User Subscription Agreement ("Agreement") is a legal contract between you as an individual or business organization ("you" or "Subscriber") and zapy.dev ("Provider") for the Zapy REST Client and Zapy SDK softwares (all editions), including any associated media, printed materials and electronic documentation (the "Software"). By copying, downloading, accessing, or otherwise using the Software, you agree to be bound by the terms of this Agreement and you warrant and represent that you are authorized to enter into this Agreement on behalf of yourself or your business organization. If you do not wish to be bound by the terms of this Agreement, you may not download, install, access or use the Software.

DEFINITIONS

"Authorized User" refers to any individual, whether an employee, independent contractor, or other temporary worker authorized by the Subscriber to access and use the Software in the course of fulfilling their duties or tasks related to the Subscriber's subscription. "Access Credentials" refer to unique login information or authentication methods provided by the Provider, granting an Authorized User access to the Software. Only the Provider and/or its authorized representatives are permitted to generate or issue Access Credentials for the Software.

SUBSCRIPTION

Your subscription will continue until terminated. To use the Zapy REST Client you must have Internet access whenever the Software requests for it. Unless you cancel your subscription before your billing date, you authorize us to charge the subscription fee for the next billing cycle.

OWNERSHIP

This Agreement does not convey to you any rights of ownership in the Software. All right, title, benefit and interest in the Software and in any ideas, know-how, and programs which are developed by Provider in the course of providing any technical services, including any enhancements or modifications made to the Software, shall at all times remain the property of Provider.

GRANT OF FREE USAGE

Upon your acceptance of this Agreement, Provider grants you a limited, non-transferable, non-assignable, non-exclusive subscription or license to install and use the free edition of the Software on the terms and conditions set forth herein.

INTENDED USERS OF THE SOFTWARE

The Zapy REST Client software is provided as a subscription-based service offering functionality to test APIs within the Visual Studio Code environment as an Extension.

The Zapy SDK software is provided as a license-based software to test APIs.

INSTALLATION OF THE SOFTWARE

You may install and use the free edition of the Software for your individual internal business or non-business purposes.

RESTRICTIONS ON USE OF THE SOFTWARE

For the Zapy REST Client (VSCode extension), you are NOT permitted to:

  1. Edit, alter, modify, adapt, translate or otherwise change the whole or any part of the Software.
  2. Decompile, disassemble or reverse engineer the Software or attempt to do any such things.
  3. Reproduce, copy, distribute, resell or otherwise use the whole or any part of the Software's Code for any commercial purpose.
  4. Disable, modify or hide notifications sent by the Software.
  5. Distribute, resell, or share Access Credentials.
  6. Access or use paid Features without a valid Access Credentials.
For the Zapy SDK (Python library) it is licensed as Business Source License (BSL 1.1).

LIMITED WARRANTY AND DISCLAIMER OF WARRANTY

SOFTWARE IS PROVIDED TO SUBSCRIBER "AS IS" AND WITHOUT WARRANTIES. PROVIDER MAKES NO WARRANTY AS TO ITS USE OR PERFORMANCE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, PROVIDER AND ITS AFFILIATES, SUPPLIERS AND RESELLERS DISCLAIM ALL OTHER WARRANTIES AND CONDITIONS, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, WITH REGARD TO SOFTWARE, AND THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES.

DISCLAIMER OF DAMAGES

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL PROVIDER BE LIABLE TO SUBSCRIBER UNDER ANY THEORY FOR ANY DAMAGES SUFFERED BY SUBSCRIBER OR ANY USER OF SOFTWARE, OR FOR ANY SPECIAL, INCIDENTAL, INDIRECT, CONSEQUENTIAL, OR SIMILAR DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS OR CONFIDENTIAL OR OTHER INFORMATION, FOR BUSINESS INTERRUPTION, FOR PERSONAL INJURY, FOR LOSS OF PRIVACY, FOR FAILURE TO MEET ANY DUTY INCLUDING OF GOOD FAITH OR OF REASONABLE CARE, FOR NEGLIGENCE, AND FOR ANY OTHER PECUNIARY OR OTHER LOSS WHATSOEVER) ARISING OUT OF THE USE OR INABILITY TO USE SOFTWARE, OR THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES, EVEN IF PROVIDER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND REGARDLESS OF THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT OR OTHERWISE) UPON WHICH THE CLAIM IS BASED. IN ANY CASE, PROVIDER'S ENTIRE LIABILITY UNDER ANY PROVISION OF THIS AGREEMENT WILL BE LIMITED TO THE AMOUNT ACTUALLY PAID BY SUBSCRIBER FOR SOFTWARE UNDER THIS AGREEMENT.

CANCELLATION

The subscription can be cancelled by you at any time, and you will continue to have access to the Zapy REST Client thought the end of your billing period. If you choose to cancel the subscription, you will not be entitled to any refund of the subscription fee(s) you have paid. Your subscription may be cancelled by Provider if you fail to comply with the terms of this Agreement within ten (10) days after receipt of written notice of such failure. In the event of termination, you must cease using the Software, destroy all copies of the Software (including copies in storage media) and certify such destruction to Provider. This requirement applies to all copies in any form, partial or complete. Upon the effective date of any termination, you relinquish all rights granted under this Agreement.

RELATIONSHIP OF PARTIES

You and Provider are independent parties. Nothing in this Agreement shall be construed as making you an employee, agent, partner or legal representative of Provider.

PAYMENT

A paid subscription and registration is required to use the team features of the extension that are suitable for business teams. Please see our website for plans and payment terms. The free plan is suitable for individuals to use for personal or business purposes. The free plan does not include team features. The use of an older version of the extension is not allowed to avoid buying a subscription.

ENTIRE AGREEMENT

This Agreement and any document expressly referred to in it constitute the whole agreement between you and the Provider and supersede any previous arrangement understanding or agreement between you and the Provider, relating to the subscription of the Software.

The parties acknowledge that, in entering into this Agreement (and the documents referred to in it), neither of party relies on any statement, representation assurance or warranty ("Representation") of any person (whether a party to this Agreement or not) other than as expressly set out in this Agreement or those documents. The parties agree that the only rights and remedies available to each party arising out of or in connection with a Representation shall be for breach of contract as provided in this Agreement.

Changes

Summary of changes: