In this End User License Agreement "Cucumber Limited" or “We” means Cucumber Limited, Drumsyniebeg, Argyll, Scotland.
This End User License Agreement is a legal agreement between You and Cucumber Limited.
Permission to use Cucumber Pro is conditional upon you agreeing to the terms set out below.
By clicking on the "Activate account" button You will be deemed to have accepted this Agreement.
By purchasing, downloading, installing, using or otherwise accessing any Cucumber Limited Software You are also agreeing to be bound by this Agreement.
If You do not agree to all of the terms and conditions of this Agreement then You are not permitted to purchase, or use Cucumber Pro.
Agreement: this End User License Agreement, as may be renewed and/or amended from time to time.
IP Rights: means (i) patents, pending patent applications, designs, trademarks and trade names (whether registered or unregistered), copyright and related rights, database rights, know-how and confidential information; (ii) all other intellectual property rights and similar or equivalent rights anywhere in the world which currently exist or are recognised in the future; and (iii) applications, extensions and renewals in relation to any such rights.
Cucumber Limited Promotional Materials: any and all trademarks, names, signs, logos, banners, and any other materials in whatever form owned and/or used by Cucumber Limited for the promotion of its company, its products and activities.
Cucumber Limited Software: the software distributed by Cucumber Limited, including Cucumber Pro, as well as any future versions, improvements, developments, programming fixes, updates and upgrades.
You: You, the end user of the Cucumber Limited Software, either as an individual or an entity, also used in the form "Your" where applicable.
2.1 License: Subject to the terms and conditions of this Agreement, Cucumber Limited hereby grants You a limited, personal, non-exclusive, non-sublicensable, non-assignable, license to use Cucumber Pro. Cucumber Pro may be used for commercial purposes. Cucumber Limited may offer a free of charge license to download or use a particular product from Cucumber Limited Software either for a limited or unlimited time, or may charge a license fee.
2.2 No Granting of Rights to Third Parties: You will not sell, assign, rent, lease, distribute, export, import, act as an intermediary or provider, or otherwise grant rights to third parties with regard to the Cucumber Limited Software either in part or its entirety.
2.3 No Modifications: You will not undertake, cause, permit or authorise the modification, creation of derivative works, translation, reverse engineering, decompiling, disassembling or hacking of the Cucumber Limited Software or any part of the Cucumber Limited Software except to the extent permitted by law.
2.4 Exclusive Ownership: Any and all IP Rights in the Cucumber Limited Software, the Cucumber Limited website and any Cucumber Limited Promotional Materials are and shall remain the exclusive property of Cucumber Limited and/or its licensors. Nothing in this Agreement intends to transfer any such IP Rights to, or to vest any such IP Rights in, You. You are only entitled to the limited use of the IP Rights granted to You in this Agreement. You will not take any action to jeopardise, limit or interfere with Cucumber Limited’s IP Rights. Any unauthorised use of Cucumber Limited’s IP Rights is a violation of this Agreement as well as a violation of intellectual property laws and treaties, including without limitation copyright laws and trademark laws.
2.5 No Removal of Notices: You agree that You will not remove, obscure, make illegible or alter any notices or indications of the IP Rights and/or Cucumber Limited’s rights and ownership, irrespective of how such Notices are included or displayed.
2.6 Use of Cucumber Limited Software: You may make use of the Cucumber Limited Software provided that:
You comply with the terms and conditions of this agreement.
Your use of the Cucumber Limited Software is for legitimate purposes only and shall not adversely affect the functionality or performance of the Cucumber Limited Software or services provided by Cucumber Limited;
You do not use any internet-based services associated with Cucumber Limited Software in any manner that could damage or impair such services or interfere with any other party’s use and enjoyment of them; and
You do not attempt to gain unauthorised access to any service, account, computer systems or networks associated with the internet-based services associated with Cucumber Limited Software.
3.1 New Versions of Cucumber Limited Software: Cucumber Limited, in its sole discretion, reserves the right to add additional features or functions, or to provide programming fixes, updates and upgrades to the Cucumber Limited Software (collectively known as "updates"). All provisions in this Agreement apply to all such updates unless new or additional terms and conditions are expressly provided with an update. Cucumber Limited may determine that an upgrade will be offered at an additional cost to You either as a further one off payment or on a subscription model.
4.1 Payment: You will pay all fees or charges to your account based on Cucumber Limited’s payment terms. If you are purchasing software by Cucumber Limited on a subscription model, you may be required to provide Cucumber Limited with a valid credit card as a condition to signing up for an account. You are responsible for paying any taxes that may apply and will ensure that the nominated credit card account is valid and has available credit to enable scheduled payments to be withdrawn by Cucumber Limited. If you do not pay on time or if Cucumber Limited cannot charge your credit card for any reason, Cucumber Limited reserves the right to either suspend or terminate your access to the Cucumber Limited Software and/or the services and account and terminate this Agreement. If you have a balance due on any account, you agree that Cucumber Limited may charge such unpaid fees to your credit card.
4.3 Indemnification: You agree to indemnify, defend and hold Cucumber Limited and its affiliates harmless from and against any and all liability and costs, including reasonable legal fees incurred by such parties, in connection with or arising out of Your (a) violation or breach of any term of this Agreement or any applicable law or regulation, whether or not referenced in this Agreement, or (b) violation of any rights of any third party, or (c) use or misuse of the Cucumber Limited Software.
5.1 Termination: Without prejudice to any other rights, Cucumber Limited or You may terminate this Agreement at any time. Upon termination, (a) all licenses and rights to the Cucumber Limited Software shall immediately terminate; (b) You will immediately cease any and all use of the Cucumber Limited Software and services; and (c) You will immediately remove the Cucumber Limited Software from all hard drives, networks and other storage media and destroy all copies of the Cucumber Limited Software in Your possession or under Your control.
5.2 New Versions: Cucumber Limited reserves the right to change this Agreement at any time by publishing the revised Agreement on the Cucumber Limited Website. The revised Agreement shall become effective within thirty days of such publication, unless You expressly accept the revised Agreement earlier by clicking on the accept button. Your express acceptance or Your continued use of the Cucumber Limited Software after expiry of the thirty date notice period shall constitute Your acceptance to be bound by the terms and conditions of the revised Agreement. You can find the latest version of this Agreement at https://app.cucumber.pro/terms
6.1 No Warranties: The Cucumber Limited Software is provided "as is" with no warranties whatsoever. Cucumber Limited does not, either expressed, implied or statutory, make any warranties, claims or representations with respect to the Cucumber Limited Software, including without limitation, warranties or conditions of quality, performance, non-infringement, merchantability, or fitness for use for a particular purpose. In addition, Cucumber Limited does not represent or warrant that the Cucumber Limited Software will always be available, accessible, uninterrupted, timely, secure, accurate, complete and error-free nor does Cucumber Limited warrant any connection to or transmission from the internet.
6.2 Your own Risk: You acknowledge and agree that the entire risk arising of Your use of the Cucumber Limited Software remains with You, to the maximum extent permitted by law.
6.3 Limitation of Liability: In no event shall Cucumber Limited, its affiliates, its licensors or its staff, directors or shareholders be liable, whether in contract, warranty, tort (including negligence), product liability or any other form of liability, for:
6.3.1 Any direct, indirect, incidental, special or consequential damages (including without limitation any loss of or corruption to data, interruption, computer failure or pecuniary loss) arising out of the use or inability to use the Cucumber Limited Software;
6.3.2 Any loss of income, business or profits (whether direct or indirect) arising out of the use or inability to use the Cucumber Limited Software;
6.3.3 Any loss or damage which may be incurred by you as a result of:
any claims brought by third parties arising out of Your obtaining or using the Cucumber Limited Software;
any claims brought by third parties arising out of Your using information obtained from or content created with the Cucumber Limited Software;
the suspension or termination of this Agreement by You or Cucumber Limited for any reason; or
the release or the decision not to release new versions of the Cucumber Limited Software to You
irrespective of whether or not Cucumber Limited, its affiliates, its licensors, its staff, directors or shareholders have been advised of the possibility of such losses or damages arising.
6.4 Nothing in this Agreement is intended to exclude or restrict the liability of Cucumber Limited for (i) the death or personal injury caused by the negligence of Cucumber Limited, its staff or agents, or (ii) any liability which cannot be limited or excluded by law.
6.5 Jurisdiction’s Limitations: As some jurisdictions do not allow certain exclusions or limitations by statutory instrument, the liability will be limited to the extent possible within the applicable legislation. To the fullest extent permitted by law, Cucumber Limited’s liability for breach of any implied warranty or condition which cannot be excluded or limited is limited to the amount paid by you to Cucumber Limited for the Cucumber Limited Software out of which liability arose.
7.1 Entire Agreement: This Agreement constitutes the entire agreement between You and Cucumber Limited with respect to the subject matter and will supersede and replace all prior understandings and agreements, in whatever form, relating to the subject matter.
7.2 Partial invalidity: If any provision of this Agreement is found to be invalid or unenforceable by a court of law, such invalidity or unenforceability will not affect the remainder of the terms in this Agreement which will continue in full force and effect.
7.3 No waiver: The failure to exercise, or delay in exercising, a right, power or remedy provided to Cucumber Limited by this Agreement or by law shall not constitute a waiver of that right, power or remedy. If Cucumber Limited waives a breach of any provision of this Agreement this shall not operate as a waiver of a subsequent breach of that provision, or as a waiver of a breach of any other provision.
7.4 Applicable Law and Competent Court: This Agreement shall be governed by and interpreted in accordance with the laws of England and shall be subject to the jurisdiction of the English courts.
7.5 Survival: The terms of sections 2.4, 5 and 6 of this Agreement shall survive termination of this Agreement.
YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND UNDERSTAND THE RIGHTS, OBLIGATIONS, TERMS AND CONDITIONS CONTAINED WITHIN THIS AGREEMENT.
BY CLICKING ON THE ACTIVATE ACCOUNT BUTTON AND/OR CONTINUING TO INSTALL AND/OR USE THE CUCUMBER LIMITED SOFTWARE, YOU EXPRESSLY CONSENT TO BE BOUND BY ITS TERMS AND CONDITIONS AND GRANT TO CUCUMBER LIMITED ALL RIGHTS CONTAINED WITHIN THIS AGREEMENT.