Software License and Services Types

The Software Licenses or Services granted in the applicable Terms of Use (either the Hosted Services Terms of Use or the On-Premise Terms of Use, each of which can be found at https://smartbear.com/terms-of-use/) are subject to the following Software License and/or Services types (as specified in the applicable Order):

Services Types

Single (Named) Licensee: all Services licensed under the terms of this Services Type are single licensee, meaning it can be activated by only one User, with a unique username and password. Access to the Services may not be reassigned other than for the permanent transfer of the access license to the Services to another User if the eligible User is no longer employed by You upon written notice to SmartBear. An eligible User may access the Services with a unique username and password on only one device at a time.

Floating (Concurrent) License: all Services licensed under the terms of this Services Type can be activated for different users and machine combinations, but only one at a time and has a floating license key. The number of running instances of the Services or the number of individuals simultaneously having access to the Services may not exceed at any one time the number of floating seats licensed. 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 Services.

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

Software License Types

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

Floating (Concurrent) License: all Software licensed under the terms of this Software License Type can be activated for multiple Users and machine combinations, but only one at a time and has a floating license key. The number of running instances of the Software or the number of Users simultaneously having access to the Software may not exceed at any one time the number of floating seats licensed. 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 Software.

Node-Locked License: all Software licensed under the terms of this Software 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 Software, which functions on a single computer or computing device.

Server Application License: all Software applications licensed under the terms of this Software 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 Software licensed under the terms of this Software 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 Software licensed under the terms of this Software License Type is licensed to an individual User who is specifically named in the 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 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.