End User Licensing Agreement

1. Introduction 

This End User License Agreement ("EULA") is a legal agreement between you (either an individual or a single entity) and Bake Technologies Pty Ltd ("Bake Technologies", "BakeQA", "we", "us", or "our") for the AI Test Case Generator software product, which includes computer software and may include associated media, printed materials, and "online" or electronic documentation ("Software"). 

By installing, copying, downloading, accessing, or otherwise using the Software, you agree to be bound by the terms of this EULA. If you do not agree to the terms of this EULA, do not install or use the Software. 

2. License Grant 

Bake Technologies Pty Ltd hereby grants you a personal, non-exclusive, non-transferable, limited license to use the Software solely for your internal business purposes, subject to the terms and conditions of this EULA. 

You are permitted to: 

• Install and use the Software on a single computer or server. 
• Make one copy of the Software for backup or archival purposes, or transfer it to a single hard disk, provided you keep the original solely for backup or archival purposes. 

You are not permitted to: 

• Modify, adapt, or translate the Software. 
• Reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code of the Software, except to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation. 
• Rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer, or otherwise make available the Software or any features or functionality of the Software, to any third party for any reason, including by making the Software available on a network where it is capable of being accessed by more than one device at any time. 

3. User Obligations 

By accepting this EULA, you agree not to use the Software in any manner that could damage, disable, overburden, or impair the Software or interfere with any other party's use and enjoyment of the Software. You agree not to obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Software. 

You are responsible for complying with all applicable laws and regulations in your use of the Software and for ensuring that your use of the Software does not violate any applicable laws or regulations.  

4. Intellectual Property Rights 

The Software and any copies that you are authorized by Bake Technologies Pty Ltd to make are the intellectual property of and are owned by Bake Technologies Pty Ltd and its suppliers. The structure, organization, and code of the Software are the valuable trade secrets and confidential information of Bake Technologies Pty Ltd and its suppliers. The Software is licensed, not sold. 

You acknowledge that all intellectual property rights in the Software throughout the world belong to Bake Technologies Pty Ltd, that rights in the Software are licensed (not sold) to you, and that you have no rights in, or to, the Software other than the right to use them in accordance with the terms of this EULA. 

5. Warranties and Disclaimers 

Bake Technologies Pty Ltd warrants that for a period of ninety (90) days from the date of your software purchase, the Software will perform substantially in accordance with the materials that accompany the Software. Should the Software not so perform, your exclusive remedy, and Bake Technologies Pty Ltd's sole obligation under this warranty, shall be, at Bake Technologies Pty Ltd's option, correction of the Software or refund of the purchase price. 

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SOFTWARE AND ANY SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE", WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND BAKE TECHNOLOGIES PTY LTD HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE SOFTWARE AND ANY SERVICES, EITHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS.   

6. Limitation of Liability 

TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL BAKE TECHNOLOGIES PTY LTD BE LIABLE FOR PERSONAL INJURY, OR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE SOFTWARE, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE) AND EVEN IF BAKE TECHNOLOGIES PTY LTD HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. 

In some jurisdictions, limitations of liability are not permitted. In such jurisdictions, some of the foregoing limitations may not apply to you. The limitations on liability are intended to apply to the extent permitted by law. 

7. Termination 

This EULA is effective until terminated. Your rights under this EULA will terminate automatically without notice from Bake Technologies Pty Ltd if you fail to comply with any term(s) of this EULA. Upon termination of the EULA, you shall cease all use of the Software and destroy all copies, full or partial, of the Software.   

8. Updates and Maintenance 

Bake Technologies Pty Ltd may provide you with updates and maintenance for the Software at its discretion. These updates and maintenance releases may include bug fixes, software enhancements, new features, and updates to ensure compatibility with new operating systems. Acceptance of any such updates or maintenance releases may be required for continued use of the Software and may be subject to additional terms and conditions provided with the updates.   

9. Other Software 

This End User License Agreement ("EULA") governs your use of the software provided by Bake Technologies Pty Ltd ("Licensor"), excluding any open-source software components included within the Product ("Other Software"). The Other Software is subject to separate license terms and conditions, as defined by the open-source licenses and third-party license agreements ("Other Software Terms"), not under the terms of this EULA. 

The copyrights of the Other Software are owned by their respective copyright holders as indicated in the Other Software Terms. In accordance with the Other Software Terms, and to the extent required by these terms, Bake Technologies Pty Ltd commits to making available the source code of the open-source software included in the Product, along with any modifications made by Bake Technologies Pty Ltd. This information will be accessible on our website or upon written request via email to the designated contact address provided by Bake Technologies Pty Ltd. 

It is important to note that any provisions of this EULA that may conflict with the Other Software Terms will not apply to the Other Software. This EULA does not limit your rights under, nor does it grant you rights that supersede, the terms and conditions of any applicable end-user license agreements for the Other Software. You are encouraged to review the Other Software Terms to understand your rights and obligations concerning the use of the Other Software. 

10. Software Transfer 

Subject to the terms and conditions of this End User License Agreement ("EULA"), you are permitted to permanently transfer all your rights to use the Software, as granted under this EULA, to another party, provided that the following conditions are met: 

(a) You must notify Bake Technologies Pty Ltd in writing of your intention to transfer your rights under this EULA to another party. This notification should include confirmation that the other party has agreed to the terms of this EULA. 

(b) The recipient must accept the terms and conditions of this EULA and agree in writing to be bound by them, thereby assuming all rights and obligations pertaining to the Software. 

(c) Prior to the transfer, you must uninstall and delete all copies of the Software from your devices, retaining no copies in any form. 

(d) You must transfer all copies of the Software, including any updates or previous versions, along with all related documentation, to the recipient. A copy of this EULA must also be provided to the recipient, to ensure they are fully informed of their rights and obligations. 

(e) The recipient must agree in writing to adhere to all terms and conditions outlined in this EULA, thereby confirming their acceptance of the transfer of rights and obligations. 

This transfer of rights under the EULA is contingent upon the strict adherence to the aforementioned conditions. Failure to comply fully with these conditions may result in the termination of the transferred rights at the discretion of Bake Technologies Pty Ltd.  

11. Privacy and Data Protection 

Bake Technologies Pty Ltd is committed to protecting the privacy of its users. In connection with your use of the Products, Bake Technologies Pty Ltd may access, collect, use, and disclose information about your use of the Products in accordance with our Privacy Policy. This policy outlines how we handle the collection, use, and protection of personal information, including any information that may identify you as an individual or relates to your use of the Products. 

Our Privacy Policy details the types of information we collect, how we use it, the circumstances under which we may share it with third parties, and the measures we take to secure your information. It also describes your rights regarding the information you provide to us and how you can access, modify, or delete your personal data. 

By accepting this EULA, you acknowledge and agree to Bake Technologies Pty Ltd's collection, use, and disclosure of your information in accordance with the Privacy Policy, which is incorporated herein by reference for all purposes. You are encouraged to review the Privacy Policy regularly to stay informed of our privacy practices and your privacy rights. 

Please note that the Privacy Policy is subject to change, and it is your responsibility to review it periodically. Continued use of the Products after any changes to the Privacy Policy constitutes your consent to such changes. 

12. Compliance with Licensing 

As a user of the Software, you agree to fully cooperate with Bake Technologies Pty Ltd, as well as its authorized resellers and representatives, in verifying your compliance with the terms and conditions of this End User License Agreement ("EULA"). This includes facilitating documentation and allowing reasonable access to your installations of the Software for the purpose of conducting audits or inspections to ensure adherence to the licensing terms set forth herein. 

You hereby agree to: 

Provide all necessary documentation and evidence of your installation, access, and use of the Software, reflecting your compliance with the licensing terms. 

Allow Bake Technologies Pty Ltd, or its duly authorized agents, to perform audits or inspections of your Software installations, which may include but are not limited to, remote verifications or on-site visits to your premises, subject to reasonable notice and during normal business hours. 

Furthermore, upon request from Bake Technologies Pty Ltd, you are required to submit a written certification, signed by an authorized representative of your entity, affirming your compliance with the terms of this EULA. This certification must outline details of the Software's use within your organization and confirm adherence to the licensing restrictions and conditions as stipulated in this EULA. 

Failure to comply with these requirements, or failure to demonstrate compliance with the terms of this EULA, may result in remedial actions deemed necessary by Bake Technologies Pty Ltd, including but not limited to, the termination of the EULA and revocation of your rights to use the Software.  

13. Publicity Rights 

By agreeing to this End User License Agreement ("EULA"), the Licensee hereby grants to Bake Technologies Pty Ltd ("Licensor") the non-exclusive, worldwide, royalty-free right to use the Licensee’s company name, logo, and/or likeness, as provided during the registration process, and any reviews or testimonials provided by the Licensee (in whole or in part), for the purpose of promoting the Licensor's products, including but not limited to, use within promotional materials and on the Licensor’s website. 

This grant is intended to allow the Licensor to showcase the Licensee’s use of the Product, foster customer trust, and highlight successful implementations of the Software. The Licensee affirms that it has the right to grant this permission and that such use does not infringe upon the rights of any third party. 

The Licensee retains the right to revoke this grant at any time. To exercise this right, the Licensee must submit a written request to withdraw consent for future use of their company name, logo, likeness, or reviews in promotional materials to support@bakeqa.com. Upon receipt of such a request, the Licensor will cease to include the Licensee's materials in new promotional content and will take reasonable steps to remove existing references from promotional materials, where feasible. Please note that the processing of such requests may take up to thirty (30) calendar days from the date of receipt. 

 The Licensee acknowledges that any use of the Licensee’s materials by the Licensor prior to the revocation of this right shall not be affected by the revocation and that the Licensor may continue to use materials in circulation until they are reasonably withdrawn. 

14. Miscellaneous 

Governing Law. This EULA shall be governed by and construed in accordance with the laws of the jurisdiction in which Bake Technologies Pty Ltd is located being Victoria Australia, without giving effect to any principles of conflicts of law. 

Severability. If for any reason a court of competent jurisdiction finds any provision, or portion thereof, to be unenforceable, the remainder of this EULA shall continue in full force and effect. 

No Waiver. The failure of Bake Technologies Pty Ltd to insist upon or enforce strict performance of any provision of this EULA shall not be construed as a waiver of any provision or right. 

Entire Agreement. This EULA constitutes the entire agreement between the parties concerning the subject matter hereof, superseding all prior or contemporaneous negotiations, discussions, or agreements, whether written or oral. 

Amendments. Bake Technologies Pty Ltd reserves the right to amend this EULA at any time, with notice to you, which may be provided via the Software interface, by email, or through the company's website. 

Contact Information. For customer service, technical support, or further information regarding the Software, please contact Bake Technologies Pty Ltd at support@bakeqa.com