LICENSE

Tracetest Community License Agreement

Please read this Tracetest Community License Agreement (the “Agreement”) 
carefully before using Tracetest (as defined below), which is offered by 
Tracetest or its affiliated Legal Entities (“Tracetest”).

By accessing, installing, downloading or in any manner using Tracetest, 
You agree that You have read and agree to be bound by the terms of this 
Agreement. If You are accessing Tracetest on behalf of a Legal Entity, 
You represent and warrant that You have the authority to agree to these 
terms on its behalf and the right to bind that Legal Entity to this 
Agreement. Use of Tracetest is expressly conditioned upon Your assent to 
all the terms of this Agreement, as well as the other Tracetest agreements, 
including the Tracetest Privacy Policy and Tracetest Terms and Conditions, 
accessible at: https://app.tracetest.io/privacy-policy.html and 
https://app.tracetest.io/terms-of-service.html. 

1. Definitions. In addition to other terms defined elsewhere in this Agreement 
and in the other Tracetest agreements, the terms below have the following 
meanings.

(a) “Tracetest” shall mean the Test Orchestration and Execution software 
provided by Tracetest, including both Tracetest Core and Tracetest Pro, as 
defined below.

(b) “Tracetest Core” shall mean the version and features of Tracetest designated 
as free of charge at https://tracetest.io/pricing and available at 
https://github.com/kubeshop/tracetest pursuant to the terms of the MIT license. 

(c) “Tracetest Pro” shall mean the version of Tracetest which includes the 
additional paid features of Tracetest designated at 
https://tracetest.io/pricing and made available by Tracetest, also at 
https://github.com/kubeshop/tracetest, the use of which is subject to additional 
terms set out below.

(d) “Contribution” shall mean any work of authorship, including the original 
version of the Work and any modifications or additions to that Work or 
Derivative Works thereof, that is intentionally submitted to Tracetest for 
inclusion in the Work by the copyright owner or by an individual or Legal Entity 
authorized to submit on behalf of the copyright owner. For the purposes of this 
definition, “submitted” means any form of electronic, verbal, or written 
communication sent to Tracetest or its representatives, including but not 
limited to communication on electronic mailing lists, source code control 
systems, and issue tracking systems that are managed by, or on behalf of, 
Tracetest for the purpose of discussing and improving the Work, but excluding 
communication that is conspicuously marked or otherwise designated in writing 
by the copyright owner as “Not a Contribution.”

(e) “Contributor” shall mean any copyright owner or individual or Legal Entity 
authorized by the copyright owner, other than Tracetest, from whom Tracetest 
receives a Contribution that Tracetest subsequently incorporates within the Work.

(f) “Derivative Works” shall mean any work, whether in Source or Object form, 
that is based on (or derived from) the Work, such as a translation, abridgement, 
condensation, or any other recasting, transformation, or adaptation for which 
the editorial revisions, annotations, elaborations, or other modifications 
represent, as a whole, an original work of authorship. For the purposes of this 
License, Derivative Works shall not include works that remain separable from, or 
merely link (or bind by name) to the interfaces of, the Work and Derivative 
Works thereof. You may create certain Derivative Works of Tracetest Pro (“Pro 
Derivative Works”, as defined below) provided that such Pro Derivative Works 
are solely created, distributed, and accessed for Your internal use, and are 
not created, distributed, or accessed in such a way that the Pro Derivative 
Works would modify, circumvent, or otherwise bypass controls implemented, if 
any, to ensure that Tracetest Pro users comply  with the terms of the Paid Pro 
License. Notwithstanding anything contained herein to the contrary, You may not 
modify or alter the Source of Tracetest Pro absent Tracetest’s prior express 
written permission. If You have any questions about creating Pro Derivative 
Works or otherwise modifying or redistributing Tracetest Pro, please contact 
Tracetest at support@Tracetest.io. 

(g) “Legal Entity” shall mean the union of the acting entity and all other 
entities that control, are controlled by, or are under common control with that 
entity. For the purposes of this definition, “control” means (i) the power, 
direct or indirect, to cause the direction or management of such entity, whether 
by contract or otherwise, or (ii) ownership of fifty percent (50%) or more of 
the outstanding shares, or (iii) beneficial ownership of such entity.

(h) “License” shall mean the terms and conditions for use, reproduction, and 
distribution of a Work as defined by this Agreement.

(i) “Licensor” shall mean Tracetest or a Contributor, as applicable.

(j) “Object” form shall mean any form resulting from mechanical transformation 
or translation of a Source form, including but not limited to compiled object 
code, generated documentation, and conversions to other media types.

(k) “Source” form shall mean the preferred form for making modifications, 
including but not limited to software source code, documentation source, and 
configuration files.

(l) “Third Party Works” shall mean Works, including Contributions, and other 
technology owned by a person or Legal Entity other than Tracetest, as indicated 
by a copyright notice that is included in or attached to such Works or technology.

(m) “Work” shall mean the work of authorship, whether in Source or Object form, 
made available under a License, as indicated by a copyright notice that is 
included in or attached to the work.

(n) “You” (or “Your”) shall mean an individual or Legal Entity exercising 
permissions granted by this License.

2. Licenses.

(a) License to Tracetest Core. The License for the applicable version of 
Tracetest Core can be found on the Tracetest Licensing FAQs page and in the 
applicable license file within the Tracetest GitHub repository(ies). Tracetest 
Core is a no-cost, entry-level license and as such, contains the following 
disclaimers: NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN, Tracetest CORE 
IS PROVIDED “AS IS” AND “AS AVAILABLE”, AND ALL EXPRESS OR IMPLIED WARRANTIES 
ARE EXCLUDED AND DISCLAIMED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES 
OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ANY 
WARRANTIES ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM COURSE OF DEALING, 
COURSE OF PERFORMANCE, OR USE IN TRADE. For clarity, the terms of this Agreement, 
other than the relevant definitions in Section 1 and this Section 2(a) do not 
apply to Tracetest Core.

(b) License to Tracetest Pro.

(i) Grant of Copyright License: Subject to the terms of this Agreement, Licensor 
hereby grants to You a worldwide, non-exclusive, non-transferable limited 
license to reproduce, prepare Pro Derivative Works (as defined below) of, 
publicly display, publicly perform, sublicense, and distribute Tracetest Pro for 
Your business purposes, for so long as You are not in violation of this 
Section 2(b) and are current on all payments required by Section 4 below.

(ii) Grant of Patent License: Subject to the terms of this Agreement, Licensor 
hereby grants to You a worldwide, non-exclusive, non-transferable limited patent 
license to make, have made, use, and import Tracetest Pro, where such license 
applies only to those patent claims licensable by Licensor that are necessarily 
infringed by their Contribution(s) alone or by combination of their 
Contribution(s) with the Work to which such Contribution(s) was submitted. If You 
institute patent litigation against any entity (including a cross-claim or 
counterclaim in a lawsuit) alleging that the Work or a Contribution incorporated 
within the Work constitutes direct or contributory patent infringement, then any 
patent licenses granted to You under this License for that Work shall terminate 
as of the date such litigation is filed.

(iii) License to Third Party Works: From time to time Tracetest may use, or 
provide You access to, Third Party Works in connection with Tracetest Pro. You 
acknowledge and agree that in addition to this Agreement, Your use of Third Party 
Works is subject to all other terms and conditions set forth in the License 
provided with or contained in such Third Party Works. Some Third Party Works may 
be licensed to You solely for use with Tracetest Pro under the terms of a third 
party License, or as otherwise notified by Tracetest, and not under the terms of 
this Agreement. You agree that the owners and third party licensors of Third 
Party Works are intended third party beneficiaries to this Agreement, and You 
agree to abide by all third party terms and conditions and licenses.

3. Support. From time to time, in its sole discretion, Tracetest may offer 
professional services or support for Tracetest, which may now or in the future be 
subject to additional fees, as outlined at https://tracetest.io/pricing. 

4. Fees for Tracetest Pro or Tracetest Support.

(a) Fees. The License to Tracetest Pro is conditioned upon Your entering into a 
subscription agreement with Tracetest for its use (a “Paid Pro License”) and 
timely paying Tracetest for such Paid Pro License; provided that features of 
Tracetest Pro that are features of Tracetest Core and are not designated as “Pro 
features” at https://tracetest.io/pricing may be used for free under the terms of 
the Agreement without a Paid Pro License. Tracetest Pro may at its discretion 
include within Tracetest Pro certain Source code solely intended to determine 
Your compliance with the Paid Pro License which may be accessed without a Paid 
Pro License, provided that under no circumstances may You modify Tracetest Pro 
to circumvent the Paid Pro License requirement. Any professional services or 
support for Tracetest may also be subject to Your payment of fees, which will be 
specified by Tracetest when you sign up to receive such professional services or 
support. Tracetest reserves the right to change the fees at any time with prior 
written notice; for recurring fees, any such adjustments will take effect as of 
the next pay period.

(b) Overdue Payments and Taxes. Overdue payments are subject to a service charge 
equal to the lesser of 1.5% per month or the maximum legal interest rate allowed 
by law, and You shall pay all Tracetest reasonable costs of collection, including 
court costs and attorneys’ fees. Fees are stated and payable in U.S. dollars and 
are exclusive of all sales, use, value added and similar taxes, duties, 
withholdings and other governmental assessments (but excluding taxes based on 
Tracetest income) that may be levied on the transactions contemplated by this 
Agreement in any jurisdiction, all of which are Your responsibility unless you 
have provided Tracetest with a valid tax-exempt certificate. If You owe Tracetest 
overdue payments, Tracetest reserves the right to revoke any license(s) granted 
by this Agreement and revoke to Your access to Tracetest Core and to Tracetest Pro. 

(c) Record-keeping and Audit. If fees for Tracetest Pro are based on the number 
of environments running on Tracetest Pro or another use-based unit of measurement, 
including number of users, You must maintain complete and accurate records with 
respect Your use of Tracetest Pro and will provide such records to Tracetest for 
inspection or audit upon Tracetest’s reasonable request. If an inspection or 
audit uncovers additional usage by You for which fees are owed under this 
Agreement, then You shall pay for such additional usage at Tracetest’s 
then-current rates.

5. Trial License. If You have signed up for a trial or evaluation of Tracetest 
Pro, Your License to Tracetest Pro is granted without charge for the trial or 
evaluation period specified when You signed up, or if no term was specified, for 
forty-five (45) calendar days, provided that Your License is granted solely for 
purposes of Your internal evaluation of Tracetest Pro during the trial or 
evaluation period (a “Trial License”). You may not use Tracetest Pro or any 
Tracetest Pro features under a Trial License more than once in any twelve (12) 
month period. Tracetest may revoke a Trial License at any time and for any reason. 
Sections 3, 4, 9 and 11 of this Agreement do not apply to Trial Licenses.

6. Redistribution. You may reproduce and distribute copies of the Work or 
Derivative Works thereof in any medium, with or without modifications, and in 
Source or Object form, provided that You meet the following conditions:

(a) You must give any other recipients of the Work or Derivative Works a copy of 
this License; and

(b) You must cause any modified files to carry prominent notices stating that 
You changed the files; and

(c) You must retain, in the Source form of any Derivative Works that You 
distribute, including for internal purposes at Your Legal Entities, all 
copyright, patent, trademark, and attribution notices from the Source form of 
the Work, excluding those notices that do not pertain to any part of the 
Derivative Works; and

(d) If the Work includes a “NOTICE” or equivalent text file as part of its 
distribution, then any Derivative Works that You distribute must include a 
readable copy of the attribution notices contained within such NOTICE file, 
excluding those notices that do not pertain to any part of the Derivative Works, 
in at least one of the following places: within a NOTICE text file distributed 
as part of the Derivative Works; within the Source form or documentation, if 
provided along with the Derivative Works; or, within a display generated by the 
Derivative Works, if and wherever such third-party notices normally appear. The 
contents of the NOTICE or equivalent files are for informational purposes only 
and do not modify the License. You may add Your own attribution notices within 
Derivative Works that You distribute for Your internal use, alongside or as an 
addendum to the NOTICE text from the Work, provided that such additional 
attribution notices cannot be construed as modifying the License.

You may not create Derivative Works, including Pro Derivative Works (as defined 
below), which add Your own copyright statements or provide additional or 
different license terms and conditions for use, reproduction, or distribution of 
Your modifications, or for any such Derivative Works as a whole. All Derivative 
Works, including Your use, reproduction, and distribution of the Work, must 
comply in all respects with the conditions stated in this License.

(e) Pro Derivative Works: Derivative Works of Tracetest Pro (“Pro Derivative 
Works”) may only be made, reproduced and distributed, without modifications, in 
Source or Object form, provided that such Pro Derivative Works are solely for 
Your internal use. Each Pro Derivative Work shall be governed by this Agreement, 
shall include a License to Tracetest Pro, and thus will be subject to the payment 
of fees to Tracetest by any user of the Pro Derivative Work.

7. Submission of Contributions. Unless You explicitly state otherwise, any 
Contribution submitted for inclusion in Tracetest Pro by You to Tracetest shall be 
under the terms and conditions of this Agreement, without any additional terms 
or conditions, payments of royalties or otherwise to Your benefit. Tracetest may 
at any time, at its sole discretion, elect for the Contribution to be subject to 
the Paid Pro License. If You wish to reserve any rights regarding Your 
Contribution, You must contact Tracetest at support@Tracetest.io prior to 
submitting the Contribution. 

8. Trademarks. This License does not grant permission to use the trade names, 
trademarks, service marks, or product names of Licensor, except as required for 
reasonable and customary use in describing the origin of the Work and reproducing 
the content of the NOTICE or equivalent file.

9. Limited Warranty.

(a) Warranties. Subject to the terms of the Paid Pro License, or any other 
agreement between You and Tracetest which governs the terms of Your access to 
Tracetest Pro, Tracetest warrants to You that: (i) Tracetest Pro will materially 
perform in accordance with the applicable documentation for thirty (30) days 
after initial delivery to You; and (ii) any professional services performed by 
Tracetest under this Agreement will be performed in a workmanlike manner, in 
accordance with general industry standards.

(b) Exclusions. Tracetest’s warranties in this Section 9 do not extend to problems 
that result from: (i) Your failure to implement updates issued by Tracetest during 
the warranty period; (ii) any alterations or additions (including Pro Derivative 
Works and Contributions) to Tracetest not performed by or at the direction of 
Tracetest; (iii) failures that are not reproducible by Tracetest; (iv) operation 
of Tracetest Pro in violation of this Agreement or not in accordance with its 
documentation; (v) failures caused by software, hardware, or products not 
licensed or provided by Tracetest hereunder; or (vi) Third Party Works.

(c) Remedies. In the event of a breach of a warranty under this Section 9, 
Tracetest will, at its discretion and cost, either repair, replace or re-perform 
the applicable Works or services or refund a portion of fees previously paid to 
Tracetest that are associated with the defective Works or services. This is Your 
exclusive remedy, and Tracetest’s sole liability, arising in connection with the 
limited warranties herein and shall, in all cases, be limited to the fees paid 
to Tracetest in the three (3) months preceding the delivery of the defective Works 
or services.

10. Disclaimer of Warranty. Except as set out in Section 9, unless required by 
applicable law, Licensor provides the Work (and each Contributor provides its 
Contributions) on an “AS IS” BASIS, WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, 
either express or implied, arising out of course of dealing, course of 
performance, or usage in trade, including, without limitation, any warranties 
or conditions of TITLE, NON-INFRINGEMENT, MERCHANTABILITY, CORRECTNESS, 
RELIABILITY, or FITNESS FOR A PARTICULAR PURPOSE, all of which are hereby 
disclaimed. You are solely responsible for determining the appropriateness of 
using or redistributing Works and assume any risks associated with Your exercise 
of permissions under the applicable License for such Works.

11. Limited Indemnity.

(a) Indemnity. Tracetest will defend, indemnify and hold You harmless against 
any third party claims, liabilities or expenses incurred (including reasonable 
attorneys’ fees), as well as amounts finally awarded in a settlement or a 
non-appealable judgement by a court (“Losses”), to the extent arising from any 
claim or allegation by a third party that Tracetest Pro infringes or 
misappropriates a valid United States patent, copyright, or trade secret right 
of a third party; provided that You give Tracetest: (i) prompt written notice of 
any such claim or allegation; (ii) sole control of the defense and settlement 
thereof; and (iii) reasonable cooperation and assistance in such defense or 
settlement. If any Work within Tracetest Pro becomes or in Tracetest’s opinion is 
likely to become, the subject of an injunction, Tracetest may, at its option, 
(A) procure for You the right to continue using such Work, (B) replace or modify 
such Work so that it becomes non-infringing without substantially compromising 
its functionality, or, if (A) and (B) are not commercially practicable, then (C) 
terminate Your license to the allegedly infringing Work and refund to You a 
prorated portion of the prepaid and unearned fees for such infringing Work. The 
foregoing comprises the entire liability of Tracetest with respect to infringement 
of patents, copyrights, trade secrets, or other intellectual property rights.

(b) Exclusions. The foregoing obligations on Tracetest shall not apply to: (i) 
Works modified by any party other than Tracetest (including Pro Derivative Works 
and Contributions) where the alleged infringement relates to such modification, 
(ii) Works combined or bundled with any products, processes, or materials not 
provided by Tracetest where the alleged infringement relates to such combination, 
(iii) use of a version of Tracetest Pro other than the version that was current at 
the time of such use, as long as a non-infringing version had been released at 
the time of the alleged infringement, (iv) any Works created to Your 
specifications, (v) infringement or misappropriation of any proprietary or 
intellectual property right in which You have an interest, or (vi) Third Party 
Works. You will defend, indemnify, and hold Tracetest harmless against any Losses 
arising from any such claim or allegation as described in the scenarios in this 
Section 11(b), subject to conditions reciprocal to those in Section 11(a).

12. Limitation of Liability. In no event and under no legal or equitable theory, 
whether in tort (including negligence), contract, or otherwise, unless required 
by applicable law (such as deliberate and grossly negligent acts), and 
notwithstanding anything in this Agreement to the contrary, shall Licensor or 
any Contributor be liable to You for (i) any amounts in excess, in the aggregate, 
of the fees paid by You to Tracetest under this Agreement in the twelve (12) 
months preceding the date the first cause of liability arose, or (ii) any 
indirect, special, incidental, punitive, exemplary, reliance, or consequential 
damages of any character arising as a result of this Agreement or out of the use 
or inability to use the Work (including but not limited to damages for loss of 
goodwill, profits, data or data use, work stoppage, computer failure or 
malfunction, cost of procurement of substitute goods, technology or services, 
or any and all other commercial damages or losses), even if such Licensor or 
Contributor has been advised of the possibility of such damages. THESE 
LIMITATIONS SHALL APPLY NOTWITHSTANDING THE FAILURE OF THE ESSENTIAL PURPOSE OF 
ANY LIMITED REMEDY.

13. General.

(a) Relationship of Parties. You and Tracetest are independent contractors, and 
nothing herein shall be deemed to constitute either party as the agent or 
representative of the other or both parties as joint venturers or partners for 
any purpose.

(b) Export Control. You shall comply with the U.S. Foreign Corrupt Practices Act 
and all applicable export laws, restrictions and regulations of the U.S. 
Department of Commerce, U.S. Department of Treasury, and any other applicable 
U.S. and foreign authority(ies).

(c) Assignment. This Agreement and the rights and obligations herein may not be 
assigned or transferred, in whole or in part, by You without the prior written 
consent of Tracetest. Any assignment in violation of this provision is void. This 
Agreement shall be binding upon, and inure to the benefit of, the successors and 
permitted assigns of the parties.

(d) Governing Law. This Agreement shall be governed by and construed under the 
laws of the State of Delaware and the United States without regard to conflicts 
of laws provisions thereof, and without regard to the Uniform Computer 
Information Transactions Act.

(e) Attorneys’ Fees. In any action or proceeding to enforce rights under this 
Agreement, the prevailing party shall be entitled to recover its costs, expenses, 
and attorneys’ fees.

(f) Severability. If any provision of this Agreement is held to be invalid, 
illegal, or unenforceable in any respect, that provision shall be limited or 
eliminated to the minimum extent necessary so that this Agreement otherwise 
remains in full force and effect and enforceable.

(g) Entire Agreement; Waivers; Modification. This Agreement constitutes the 
entire agreement between the parties relating to the subject matter hereof and 
supersedes all proposals, understandings, or discussions, whether written or 
oral, relating to the subject matter of this Agreement and all past dealing or 
industry custom. The failure of either party to enforce its rights under this 
Agreement at any time for any period shall not be construed as a waiver of such 
rights. No changes, modifications or waivers to this Agreement will be effective 
unless in writing and signed by both parties.