Archived PushToTest site

TestMaker 6 License

Licenses

PushToTest delivers TestMaker in two ways:

- Download the pre-built and ready-to-install version. The pre-built version comes with a simple commercial license with free use up to 50 simultaneous virtual users and 10 business service monitors, access PushToTest support, training and services, and an easy-to-use installer. PushToTest sells additional inexpensive virtual users and monitor licenses. See the Commercial License.

- Download the source code, build it yourself, debug it yourself, support it yourself, and participate in the open-source community for support. The source is licensed under a ree GPL version 2 open-source license. Building TestMaker from source requires expert knowledge in Java, Ant, NetBeans, XML, Web services, and testing. Download the source at our Subversion repository at http://dev.pushtotest.com/svn/tm5. See GPL License.

The pre-built version comes with additional features not available in the GPL. View a comparison of the open-source and commercial products.


Commercial License

PushToTest(tm) End User License Agreement

Please read this License Agreement carefully before proceeding. This
Agreement licenses SOFTWARE to you [either an individual or single
entity] ("LICENSEE") from Frank Cohen dba PushToTest
("PUSHTOTEST") and contains warranty and liability disclaimers. By
installing, copying or otherwise using this Software, you are confirming
that you have read and understand this Agreement and agree to be bound
by the terms of this Agreement. If you do not agree with the terms of this
Agreement, you should not install or use this SOFTWARE.

 Whereas, PUSHTOTEST has developed an open-source software
product named TestMaker ("OPENSOURCE") of which PUSHTOTEST
distributes the source-code under a GNU General Public License version
2;

 Whereas, PushToTest has developed and distributes a compiled and
binary version of TestMaker ("LICENSED SOFTWARE");

 Whereas, LICENSED SOFTWARE comes in three parts: PushToTest
TestMaker ("TESTMAKER") and PushToTest TestNode
("TESTNODE") and PushToTest Monitor ("MONITOR")

Whereas, PUSHTOTEST has developed certain accompanying
documentation regarding the LICENSED SOFTWARE
("DOCUMENTATION");

Whereas, LICENSEE desires to be licensed to develop test automation
programs, service monitor tests, or functional tests incorporating or based
on portions of the LICENSED SOFTWARE in order to conduct
functional, scalability and performance, service monitors, end-to-end
tests, and regression tests of LICENSEE's information systems;

Whereas, PUSHTOTEST desires to provide LICENSEE with
LICENSED SOFTWARE to create and run tests and monitors up to 50
concurrent virtual users ("CVUS") and up to 10 concurrently running
service monitors ("SERVICEMONITOR") in your ORGANIZATION at
no cost to the LICENSEE;

Whereas, upon receiving the benefit of the LICENSED SOFTWARE the
LICENSEE will negotiate and pay a fee PUSHTOTEST before running
larger levels of CVUS and SERVICE MONITORS.

Whereas, PushToTest is willing to grant such licenses, rights and option
on the terms and conditions provided hereinafter.

Now, Therefore, in consideration of the mutual covenants and promises
contained herein, and for other good and valuable consideration, the
receipt and sufficiency of which are hereby acknowledged, the parties
agree as follows:

1. Definitions

"SOFTWARE" means all of the contents of the files, disk(s), CD-
ROM(s) or other media with which this Agreement is provided as part of
the "LICENSED SOFTWARE."

"ORGANIZATION" is defined as the user, group, institution, and
enterprise and any set of users greater than the smallest number.

"USE", "USED" or "USING" means to install and operate the
SOFTWARE in a way that provides the functionality to remotely run
tests and service monitors and any other function that otherwise provides
benefit from using the functionality of the LICENSED SOFTWARE in
accordance with the DOCUMENTATION.

"PERMITTED NUMBER OF CVUS AND SERVICE MONITORS"
means 200 CVUS and 10 SERVICE MONITORS at your
ORGANIZATION.

2. Software License

2.1 As long as you comply with the terms of this End User License
Agreement, PUSHTOTEST grants to LICENSEE a non-exclusive license
to USE the Software for the purposes described in the
DOCUMENTATION, as further set forth below.

2.2 You may install and USE a copy of the LICENSED SOFTWARE on
your compatible computers and servers and operate the LICENSED
SOFTWARE up to the PERMITTED NUMBER OF CVUS AND
SERVICE MONITORS at your ORGANIZATION. Additional
PERMITTED NUMBER OF CVUS AND SERVICE MONITORS must
be purchased from PUSHTOTEST.

2.3 Backup Copy. You may make one backup copy of the Software,
provided your backup copy is not installed or Used on any Computer.
The backup copy must include all copyright information and this license
that you found contained on the original. You may not transfer the rights
to a backup copy unless you transfer all rights in the Software as
provided in the Transfer section in this Agreement.

2.4 Portable Computer Use. The primary user of the Computer on which
the Software is installed may also make a second copy for his or her
exclusive use on a portable Computer provided the Software on the
portable Computer is not being used in excess of the PERMITTED
NUMBER OF CVUS AND SERVICE MONITORS.

2.5 Except as permitted by applicable law and this License, you may not
modify, reverse engineer, disassemble, decompile the LICENSED
SOFTWARE. You may modify the OPENSOURCE that is available
under a separate license at http://www.pushtotest.com.

3. Termination

Without prejudice to any other rights, PUSHTOTEST may terminate this
Agreement if you fail to comply with the terms and conditions of this
Agreement. In such an event, you must destroy all copies of the
LICENSED SOFTWARE.

4. Disclaimer of Warranty

THE SOFTWARE IS PROVIDED "AS IS," WITHOUT WARRANTIES
OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING
WITHOUT LIMITATION WARRANTIES THAT THE SOFTWARE IS
(A) FREE OF DEFECTS OR ERRORS, (B) VIRUS FREE, (C) ABLE
TO MEET ANY REQUIREMENTS OF YOU OR ANYONE ELSE, (D)
ABLE TO OPERATE ON AN UNINTERRUPTED BASIS, (E)
MERCHANTABLE, (F) FIT FOR A PARTICULAR PURPOSE OR (G)
NON-INFRINGING UNLESS SUCH WARRANTIES ARE LEGALLY
INCAPABLE OF EXCLUSION. PUSHTOTEST SHALL HAVE NO
LIABILITY WITH RESPECT TO USE OF THE SOFTWARE.

5. Limitation of Liability

IN NO EVENT WILL PUSHTOTEST, ITS EMPLOYEES,
DISTRIBUTORS, SUPPLIERS, DIRECTORS, NOR AGENTS SHALL
BE LIABLE FOR ANY LOST PROFITS OR OTHER
CONSEQUENTIAL, INCIDENTAL OR SPECIAL DAMAGES IN
CONNECTION WITH THE SOFTWARE OR THIS AGREEMENT,
EVEN IF PUSHTOTEST HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES. In no event shall
PUSHTOTEST's liability in connection with the LICENSED
SOFTWARE, regardless of the form of action, exceed the amount paid
for this License to the LICENSED SOFTWARE. Some jurisdictions do
not allow the foregoing limitations of liability, so the foregoing
limitations may not apply to you.

6. Export

You may not download or otherwise export or re-export the LICENSED
SOFTWARE except in full compliance with all applicable laws and
regulations. By accepting this agreement you represent and warrant that
you: (a) understand that the LICENSED SOFTWARE is subject to export
controls under the EAR, (b) are not located in a prohibited destination
country under the EAR or U.S. sanctions regulations (currently Cuba,
Iran, Iraq, Libya, North Korea, Sudan, Syria, the Federal Republic of
Yugoslavia (including Serbia but not Kosovo or Montenegro), and
Taliban controlled areas of Afghanistan), (c) are not a Denied Party,
Specially Designated National, or other person or entity prohibited from
receiving exports / re-exports by U.S. law; and (d) will not export, re-
export, or transfer the LICENSED SOFTWARE to any prohibited
destination entity or individual without the necessary export license(s) or
authorization(s) from the United States Federal Government.

7. Governing Law

This Agreement will be governed by and construed in accordance with
the laws of the State of California without regard to conflicts of law
provisions. Any claim arising out of or related to this Agreement must be
brought exclusively in a federal or state court located in San Jose,
California and you consent to the jurisdiction of such courts. If any
provision of this Agreement shall be invalid, the validity of the remaining
provisions of this Agreement shall not be affected.

Copyright (c) 2008, Frank Cohen dba PushToTest. All Rights Reserved
PushToTest is a trademark of Frank Cohen dba PushToTest

--

Please direct questions regarding this license agreement to PushToTest at
2248 Montezuma Drive, Campbell, California 95008 USA, phone: (408)
871-0122.



GNU General Public License

Version 2, June 1991

Copyright (C) 1989, 1991 Free Software Foundation, Inc.
59 Temple Place - Suite 330, Boston, MA 02111-1307, USA

Everyone is permitted to copy and distribute verbatim copies
of this license document, but changing it is not allowed.

Preamble

The licenses for most software are designed to take away your freedom to share and change it. By contrast, the GNU General Public License is intended to guarantee your freedom to share and change free software--to make sure the software is free for all its users. This General Public License applies to most of the Free Software Foundation's software and to any other program whose authors commit to using it. (Some other Free Software Foundation software is covered by the GNU Library General Public License instead.) You can apply it to your programs, too.

When we speak of free software, we are referring to freedom, not price. Our General Public Licenses are designed to make sure that you have the freedom to distribute copies of free software (and charge for this service if you wish), that you receive source code or can get it if you want it, that you can change the software or use pieces of it in new free programs; and that you know you can do these things.

To protect your rights, we need to make restrictions that forbid anyone to deny you these rights or to ask you to surrender the rights. These restrictions translate to certain responsibilities for you if you distribute copies of the software, or if you modify it.

For example, if you distribute copies of such a program, whether gratis or for a fee, you must give the recipients all the rights that you have. You must make sure that they, too, receive or can get the source code. And you must show them these terms so they know their rights.

We protect your rights with two steps: (1) copyright the software, and (2) offer you this license which gives you legal permission to copy, distribute and/or modify the software.

Also, for each author's protection and ours, we want to make certain that everyone understands that there is no warranty for this free software. If the software is modified by someone else and passed on, we want its recipients to know that what they have is not the original, so that any problems introduced by others will not reflect on the original authors' reputations.

Finally, any free program is threatened constantly by software patents. We wish to avoid the danger that redistributors of a free program will individually obtain patent licenses, in effect making the program proprietary. To prevent this, we have made it clear that any patent must be licensed for everyone's free use or not licensed at all.

The precise terms and conditions for copying, distribution and modification follow.

TERMS AND CONDITIONS FOR COPYING, DISTRIBUTION AND MODIFICATION
  • 0. This License applies to any program or other work which contains a notice placed by the copyright holder saying it may be distributed under the terms of this General Public License. The "Program", below, refers to any such program or work, and a "work based on the Program" means either the Program or any derivative work under copyright law: that is to say, a work containing the Program or a portion of it, either verbatim or with modifications and/or translated into another language. (Hereinafter, translation is included without limitation in the term "modification".) Each licensee is addressed as "you".
  • Activities other than copying, distribution and modification are not covered by this License; they are outside its scope. The act of running the Program is not restricted, and the output from the Program is covered only if its contents constitute a work based on the Program (independent of having been made by running the Program). Whether that is true depends on what the Program does.
  • 1. You may copy and distribute verbatim copies of the Program's source code as you receive it, in any medium, provided that you conspicuously and appropriately publish on each copy an appropriate copyright notice and disclaimer of warranty; keep intact all the notices that refer to this License and to the absence of any warranty; and give any other recipients of the Program a copy of this License along with the Program.
  • You may charge a fee for the physical act of transferring a copy, and you may at your option offer warranty protection in exchange for a fee.
  • 2. You may modify your copy or copies of the Program or any portion of it, thus forming a work based on the Program, and copy and distribute such modifications or work under the terms of Section 1 above, provided that you also meet all of these conditions:

a) You must cause the modified files to carry prominent notices stating that you changed the files and the date of any change.

b) You must cause any work that you distribute or publish, that in whole or in part contains or is derived from the Program or any part thereof, to be licensed as a whole at no charge to all third parties under the terms of this License.

c) If the modified program normally reads commands interactively when run, you must cause it, when started running for such interactive use in the most ordinary way, to print or display an announcement including an appropriate copyright notice and a notice that there is no warranty (or else, saying that you provide a warranty) and that users may redistribute the program under these conditions, and telling the user how to view a copy of this License. (Exception: if the Program itself is interactive but does not normally print such an announcement, your work based on the Program is not required to print an announcement.)

  • These requirements apply to the modified work as a whole. If identifiable sections of that work are not derived from the Program, and can be reasonably considered independent and separate works in themselves, then this License, and its terms, do not apply to those sections when you distribute them as separate works. But when you distribute the same sections as part of a whole which is a work based on the Program, the distribution of the whole must be on the terms of this License, whose permissions for other licensees extend to the entire whole, and thus to each and every part regardless of who wrote it.
  • Thus, it is not the intent of this section to claim rights or contest your rights to work written entirely by you; rather, the intent is to exercise the right to control the distribution of derivative or collective works based on the Program.
  • In addition, mere aggregation of another work not based on the Program with the Program (or with a work based on the Program) on a volume of a storage or distribution medium does not bring the other work under the scope of this License.
  • 3. You may copy and distribute the Program (or a work based on it, under Section 2) in object code or executable form under the terms of Sections 1 and 2 above provided that you also do one of the following:

a) Accompany it with the complete corresponding machine-readable source code, which must be distributed under the terms of Sections 1 and 2 above on a medium customarily used for software interchange; or,

b) Accompany it with a written offer, valid for at least three years, to give any third party, for a charge no more than your cost of physically performing source distribution, a complete machine-readable copy of the corresponding source code, to be distributed under the terms of Sections 1 and 2 above on a medium customarily used for software interchange; or,

c) Accompany it with the information you received as to the offer to distribute corresponding source code. (This alternative is allowed only for noncommercial distribution and only if you received the program in object code or executable form with such an offer, in accord with Subsection b above.)

  • The source code for a work means the preferred form of the work for making modifications to it. For an executable work, complete source code means all the source code for all modules it contains, plus any associated interface definition files, plus the scripts used to control compilation and installation of the executable. However, as a special exception, the source code distributed need not include anything that is normally distributed (in either source or binary form) with the major components (compiler, kernel, and so on) of the operating system on which the executable runs, unless that component itself accompanies the executable.
  • If distribution of executable or object code is made by offering access to copy from a designated place, then offering equivalent access to copy the source code from the same place counts as distribution of the source code, even though third parties are not compelled to copy the source along with the object code.
  • 4. You may not copy, modify, sublicense, or distribute the Program except as expressly provided under this License. Any attempt otherwise to copy, modify, sublicense or distribute the Program is void, and will automatically terminate your rights under this License. However, parties who have received copies, or rights, from you under this License will not have their licenses terminated so long as such parties remain in full compliance.
  • 5. You are not required to accept this License, since you have not signed it. However, nothing else grants you permission to modify or distribute the Program or its derivative works. These actions are prohibited by law if you do not accept this License. Therefore, by modifying or distributing the Program (or any work based on the Program), you indicate your acceptance of this License to do so, and all its terms and conditions for copying, distributing or modifying the Program or works based on it.
  • 6. Each time you redistribute the Program (or any work based on the Program), the recipient automatically receives a license from the original licensor to copy, distribute or modify the Program subject to these terms and conditions. You may not impose any further restrictions on the recipients' exercise of the rights granted herein. You are not responsible for enforcing compliance by third parties to this License.
  • 7. If, as a consequence of a court judgment or allegation of patent infringement or for any other reason (not limited to patent issues), conditions are imposed on you (whether by court order, agreement or otherwise) that contradict the conditions of this License, they do not excuse you from the conditions of this License. If you cannot distribute so as to satisfy simultaneously your obligations under this License and any other pertinent obligations, then as a consequence you may not distribute the Program at all. For example, if a patent license would not permit royalty-free redistribution of the Program by all those who receive copies directly or indirectly through you, then the only way you could satisfy both it and this License would be to refrain entirely from distribution of the Program.
  • If any portion of this section is held invalid or unenforceable under any particular circumstance, the balance of the section is intended to apply and the section as a whole is intended to apply in other circumstances.
  • It is not the purpose of this section to induce you to infringe any patents or other property right claims or to contest validity of any such claims; this section has the sole purpose of protecting the integrity of the free software distribution system, which is implemented by public license practices. Many people have made generous contributions to the wide range of software distributed through that system in reliance on consistent application of that system; it is up to the author/donor to decide if he or she is willing to distribute software through any other system and a licensee cannot impose that choice.
  • This section is intended to make thoroughly clear what is believed to be a consequence of the rest of this License.
  • 8. If the distribution and/or use of the Program is restricted in certain countries either by patents or by copyrighted interfaces, the original copyright holder who places the Program under this License may add an explicit geographical distribution limitation excluding those countries, so that distribution is permitted only in or among countries not thus excluded. In such case, this License incorporates the limitation as if written in the body of this License.
  • 9. The Free Software Foundation may publish revised and/or new versions of the General Public License from time to time. Such new versions will be similar in spirit to the present version, but may differ in detail to address new problems or concerns.
  • Each version is given a distinguishing version number. If the Program specifies a version number of this License which applies to it and "any later version", you have the option of following the terms and conditions either of that version or of any later version published by the Free Software Foundation. If the Program does not specify a version number of this License, you may choose any version ever published by the Free Software Foundation.
  • 10. If you wish to incorporate parts of the Program into other free programs whose distribution conditions are different, write to the author to ask for permission. For software which is copyrighted by the Free Software Foundation, write to the Free Software Foundation; we sometimes make exceptions for this. Our decision will be guided by the two goals of preserving the free status of all derivatives of our free software and of promoting the sharing and reuse of software generally.
NO WARRANTY
  • 11. BECAUSE THE PROGRAM IS LICENSED FREE OF CHARGE, THERE IS NO WARRANTY FOR THE PROGRAM, TO THE EXTENT PERMITTED BY APPLICABLE LAW. EXCEPT WHEN OTHERWISE STATED IN WRITING THE COPYRIGHT HOLDERS AND/OR OTHER PARTIES PROVIDE THE PROGRAM "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE PROGRAM IS WITH YOU. SHOULD THE PROGRAM PROVE DEFECTIVE, YOU ASSUME THE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION.
  • 12. IN NO EVENT UNLESS REQUIRED BY APPLICABLE LAW OR AGREED TO IN WRITING WILL ANY COPYRIGHT HOLDER, OR ANY OTHER PARTY WHO MAY MODIFY AND/OR REDISTRIBUTE THE PROGRAM AS PERMITTED ABOVE, BE LIABLE TO YOU FOR DAMAGES, INCLUDING ANY GENERAL, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE THE PROGRAM (INCLUDING BUT NOT LIMITED TO LOSS OF DATA OR DATA BEING RENDERED INACCURATE OR LOSSES SUSTAINED BY YOU OR THIRD PARTIES OR A FAILURE OF THE PROGRAM TO OPERATE WITH ANY OTHER PROGRAMS), EVEN IF SUCH HOLDER OR OTHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.