Software License and Services Types

The On-Premise Software licenses or access to SaaS granted in the applicable Terms of Use located at https://smartbear.com/terms-of-use/) are subject to the following terms as specified in the applicable Order:

Access to SaaS

Single (Named) Access: all SaaS access under this access type is single access, meaning it can be accessed by only one Authorized User, with a unique username and password. Access to the SaaS may not be reassigned other than for the permanent transfer of access to the SaaS to another Authorized User if the eligible Authorized User is no longer employed by Customer upon written notice to SmartBear. An eligible Authorized User may access the SaaS with a unique username and password on only one device at a time.

Floating (Concurrent) Access: all SaaS access under this access type can be accessed for different users and machine combinations, but only one at a time and has a floating access key. The number of running instances of the SaaS or the number of individuals simultaneously having access to the access may not exceed at any one time the number of floating seats. One computer or computing device shall be designated as the “access server”, where the SaaS is accessed, and all other devices will require access to the access server to run the SaaS.

Usage-Based Access: access to the SaaS under this access type is (i)  on a time-based or unit-based basis during the Subscription Term as set forth in an Order and (ii) restricted to one computer or computing device, which is applicable to the AlertSite and VirtServer products.

Freeware or Free Version Access (“Free Trial”): all SaaS access under this access type are limited to the Authorized User who is specifically named in the SaaS registration and may only be used on one computer or computing device at a time. This access is not eligible for Maintenance and Support Services other than the materials and discussion groups that may be accessed generally via the SmartBear online community at https://community.smartbear.com.

On-Premise Software License Types

Fixed (Named) License: all On-Premise Software licensed under the terms of this license type are single instance, meaning it can be activated by only one Authorized User, with a unique username and password, on a single computer, computing device and has a fixed license key. Customer must acquire and dedicate a license for each Authorized User that Customer wishes to access the On-Premise Software. A separate license is required for each Authorized User and shall not be shared. The On-Premise Software may not be reassigned other than for the permanent transfer of the license to another Authorized User if the eligible Authorized User is no longer employed by Customer upon written notice to SmartBear. An eligible Authorized User may access the On-Premise Software with a unique username and password on one device at a time.

Floating (Concurrent) License: all On-Premise Software licensed under the terms of this license type can be activated for multiple Authorized Users, service accounts and machine combinations including virtual machines and containerized environments. The number of running instances of the On-Premise Software or the number of Authorized Users simultaneously having access to the On-Premise Software may not exceed at any one time the number of floating seats licensed. In private networks, one computer or computing device shall be designated as the “license server”, where the license is installed, and all other devices will require access to the license server to run the On-Premise Software.

Node-Locked License: all On-Premise Software licensed under the terms of this license type is for use on a specified computer or computing device. This license will be “bound” to the designated computer or computing device and will only function on this computer or computing device. This license permits the use of a single instance of the On-Premise Software, which functions on a single computer or computing device.

Server Application License: all On-Premise Software applications licensed under the terms of this license type can be installed on one server machine and may be accessed by multiple Users. The license key is dedicated to the designated computer or computing device and will only function on this computer or computing device.

Usage-Based License: all On-Premise Software licensed under the terms of this license type is (i) licensed on a unit-based basis during the Subscription Term as set forth in an Order and (ii) restricted to a computer or computing device, which is applicable to the AlertSite and VirtServer products.

Freeware or Free Version License (“Free Trial”): all On-Premise Software licensed under the terms of this license type is licensed to an individual Authorized User who is specifically named in the On-Premise Software registration and may only be used on one computer or computing device at a time. These licenses are not eligible for Maintenance and Support Services other than the materials and discussion groups that may be accessed generally via the SmartBear online community at https://community.smartbear.com.

All capitalized terms used and not defined herein shall have the meanings ascribed thereto in the SmartBear Terms of Use.