Test License Agreement

By downloading or using this software or accompanying documentation you agree to the following terms and conditions.

License Grant.  You are hereby granted a personal, non-transferable and non-sublicenseable, nonexclusive, world-wide, royalty free license to use the WS-I Test Material (including software and documentation) solely for the purpose of testing compliance with the relevant portions of specifications or standards.  You may not modify or create derivative works of any of the Test Material except as is necessary to fulfill the purpose described above.  You may not distribute copies of the Test Material to other parties for any purpose, including for the purpose of allowing such other party to use the Test Material.  Nor may you modify or incorporate the Test Material into any other software.

No Warranties.  The Test Material contained herein is provided on an "AS IS" basis and to the maximum extent permitted by applicable law, this material is provided AS IS AND WITH ALL FAULTS, and the authors and developers of this material and WS-I hereby disclaim all other warranties and conditions, either express, implied or statutory, including, but not limited to, any (if any) implied warranties, duties or conditions of merchantability, of fitness for a particular purpose, of accuracy or completeness of responses, of results, of workmanlike effort, of lack of viruses, and of lack of negligence. ALSO, THERE IS NO WARRANTY OR CONDITION OF TITLE, QUIET ENJOYMENT, QUIET POSSESSION, CORRESPONDENCE TO DESCRIPTION OR NON-INFRINGEMENT WITH REGARD TO THIS MATERIAL.

Limitation of Liability.  IN NO EVENT WILL ANY AUTHOR, DEVELOPER, LICENSOR, OR DISTRIBUTOR OF THIS MATERIAL OR WS-I BE LIABLE TO ANY OTHER PARTY FOR THE COST OF PROCURING SUBSTITUTE GOODS OR SERVICES, LOST PROFITS, LOSS OF USE, LOSS OF DATA, OR ANY INCIDENTAL, CONSEQUENTIAL, DIRECT, INDIRECT, PUNITIVE, OR SPECIAL DAMAGES WHETHER UNDER CONTRACT, TORT, WARRANTY, OR OTHERWISE, ARISING IN ANY WAY OUT OF THIS OR ANY OTHER AGREEMENT RELATING TO THIS MATERIAL, WHETHER OR NOT SUCH PARTY HAD ADVANCE NOTICE OF THE POSSIBILITY OF SUCH DAMAGES.

Covenant Not to Assert.  To the extent that you have any patents which cover the use of the Test Material in any manner permitted under this License, you hereby agree not to assert any such patents against WS-I or its Members or any other parties who have entered into a license substantially similar to this License for the licensed use of the WS-I Test Material.

Use of WS-I Name.  WS-I rules, if any, regarding the use of its name and your ability to make claims regarding WS-I or your use of the Test Material or any result therefrom can be found at http://www.ws-i.org.  As a condition to your license, you agree to abide by all such rules.

General.

No other rights are granted by implication, estoppel or otherwise.

If any provision of this Agreement is invalid or unenforceable under applicable law, it shall not affect the validity or enforceability of the remainder of the terms of this Agreement, and without further action by the parties hereto, such provision shall be reformed to the minimum extent necessary to make such provision valid and enforceable.

Your rights under this Agreement shall terminate if you fail to comply with any of the material terms or conditions of this Agreement and do not cure such failure in a reasonable period of time after becoming aware of such noncompliance.  If all your rights under this Agreement terminate, you agree to cease use of the Test Material immediately.

This Agreement is governed by the laws of the State of New York and the intellectual property laws of the United States of America.  No party to this Agreement will bring a legal action under this Agreement more than one year after the cause of action arose.  Each party waives its rights to a jury trial in any resulting litigation.