PLEASE READ THE FOLLOWING
Please read the following Agreement carefully; it outlines the terms and conditions of your limited, non-exclusive license to use the Web Performance software provided by Web Performance, Inc. ("WPI").
By answering affirmatively to the "I Accept" question below and or proceeding to use the Web Performance software, you: (1) warrant and represent that you are authorized and have adequate legal capacity to enter into binding agreements for your employer or principal; (2) accept and agree to the latest version of this Agreement; and (3) release WPI and anyone associated with WPI from any liability whatsoever related to any use or inability to use the software. If you do not accept all of this Agreement's terms with respect to your use of the Web Performance software, please click the "I Decline" box below, and do not use the software. WPI distributes this Software conditioned upon the agreement by recipient of the Software to review and accept the terms of this Software License Agreement. THE USER INDICATES CONSENT TO THE TERMS OF THIS AGREEMENT BY INSTALLING AND/OR MAKING USE OF THE SOFTWARE IN ANY FASHION.
Except as otherwise noted, the Web Performance software and all other materials or information contained herein ("Software") are the exclusive property of WPI. The Software is copyrighted and protected by worldwide copyright laws and treaty provisions. The Software may not be copied, reproduced, modified, published, uploaded, downloaded, posted, transmitted, or distributed in any way or form without WPI's prior written permission. Except as expressly provided herein, WPI grants no express or implied rights to you under any patent, copyright, trademark, trade name, or trade secret.
Web Performance WPLoadTester, Web Performance Suite, and Web Performance Analyze are trademarks of WPI. They may be used publicly only with prior written permission from WPI.
This is a limited license, not a transfer of title or ownership, and is subject to the following restrictions. This license grants you the nonexclusive, nontransferable right to use the software for your own purposes. You may not (a) modify the Software or use it for any commercial purpose other than your direct dealings with WPI; (b) make any other public display, performance, sale, or rental of the Software; (c) decompile, reverse engineer, or disassemble the Software; (d) remove any copyright notice or other proprietary notices from the Software; or (e) transfer the Software or your rights under this Agreement to another person or party. You agree to take all necessary steps to prevent any unauthorized copying of the Software. You agree to allow WPI to collect usage information about the usage of the software for the purpose of understanding usage patterns and improving the quality of the software product.
You may use the Software only to test, measure, and analyze websites, applications, systems, and infrastructure that you own or that you are expressly authorized by the owner to test. You may not use the Software to generate load against, or otherwise interact with, any system that you do not own or are not authorized to test, and you may not use the Software to conduct any denial-of-service attack or any other activity that is unlawful or that infringes or violates the rights of any third party. Because the Software is capable of generating substantial network traffic, you are solely responsible for ensuring that your use does not disrupt, degrade, or damage any system or network. Any use of the Software in violation of this section is a material breach of this Agreement and grounds for immediate termination, and you agree to defend, indemnify, and hold WPI harmless from any claim arising out of such use.
Your use the software may require you to use the services of third parties for hosting and data transmission purposes. You agree and acknowledge that you will be exclusively responsible for the expenses of such third-party services in conjunction with your use of the software. You agree that under no circumstances will WPI be liable for third-party expenses incurred in your use of, misuse of or inability to use the software.
The Software allows you to optionally generate load from, and to provision and operate temporary computing resources within, third-party cloud computing accounts that you control (for example, Amazon Web Services or Microsoft Azure). When you use these features, WPI does not own, operate, or control that infrastructure, and your use of it is governed solely by your agreement with the applicable cloud provider. You are solely responsible for the selection, configuration, security, monitoring, and shutdown of those resources and for all charges they incur. YOU AGREE THAT WPI IS NOT LIABLE FOR ANY CLOUD COMPUTING CHARGES, RESOURCE OR RATE LIMITS, ACCOUNT SUSPENSIONS, DATA HANDLING, OR FAILURE TO TERMINATE OR DE-PROVISION SUCH RESOURCES, EVEN IF CAUSED BY A DEFECT OR ERROR IN THE SOFTWARE. You are responsible for independently verifying that all such resources have been terminated following each test.
The Software may include optional AI-assisted features, including an AI assistant and an optional interface that allows external AI agents to control the Software. These features operate only if you choose to enable them and supply your own credentials (such as an API key) for a third-party AI service of your choosing, or a model that you host yourself. WPI does not operate these third-party AI services and is not a party to your relationship with them. When you use such a feature, the data you direct to the AI service (including your prompts and any test data you submit) is transmitted to and processed by that service under its own terms, and not by WPI; WPI does not receive, store, or have access to your prompts, your test data, your test results, or your AI service credentials. Your use of any third-party AI service is subject to that provider's terms and policies and is your sole responsibility, including all associated costs. AI-generated output may be inaccurate or incomplete. ALL AI-GENERATED OUTPUT IS PROVIDED "AS IS"; WPI MAKES NO WARRANTY AS TO ITS ACCURACY, COMPLETENESS, OR FITNESS FOR ANY PURPOSE; AND YOU ARE SOLELY RESPONSIBLE FOR REVIEWING AND VERIFYING ANY SUCH OUTPUT BEFORE RELYING ON OR ACTING UPON IT.
The software license may only be installed on a single computer for use by a single person at a time. The license can be moved to a second computer by first deactivating the original license, uninstalling the software, and the re-activating the software on a new computer. Running the program on multiple computers with the same license key is a direct violation of this document agreement and will be detected.
WPI may terminate this Agreement at any time if you are in breach of any of these terms. Upon termination, you will immediately surrender all copies of your Software and other materials in your possession related to the Software, and discontinue all use of the Software.
You agree to defend, indemnify, and hold WPI harmless from any liability, loss, claim, and expense (including attorneys' fees and costs) related in any way to your violation of this Agreement or your use of the Web Performance software other than as permitted in this Agreement.
YOU ASSUME ALL RESPONSIBILITY AND RISK FOR THE USE OF THE SOFTWARE AND ANY COMMUNICATIONS MEDIUM USED THEREWITH (INCLUDING WITHOUT LIMITATION THE INTERNET) GENERALLY. THE SOFTWARE IS PROVIDED "AS IS," WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES OF ANY KIND INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT OF INTELLECTUAL PROPERTY, INFORMATION ACCURACY, SECURITY OR CONFIDENTIALITY OF USE, AND FREEDOM FROM ERRORS, VIRUSES, BUGS, OR OTHER HARMFUL COMPONENTS. IN NO EVENT SHALL WPI OR ANYONE ASSOCIATED WITH WPI BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING WITHOUT LIMITATION ANY SPECIAL, INDIRECT, PUNITIVE, OR CONSEQUENTIAL DAMAGES, AND DAMAGES RESULTING FROM LOSS OF USE, DATA, OR PROFITS, OR BUSINESS INTERRUPTION) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE, EVEN IF WPI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
WPI does not warrant the accuracy or completeness of the Software. WPI reserves the right to make changes and updates to this Agreement or to any aspect of the Software. WPI will make any materially changed version of this Agreement available through the Software or on its website, and your continued use of the Software after a changed version has been made available constitutes your acceptance of the changed version.
IN NO EVENT SHALL THE TOTAL LIABILITY OF WPI OR ANYONE ASSOCIATED WITH WPI FOR ANY REASON (INCLUDING WITHOUT LIMITATION DAMAGES, LOSSES, OR CAUSES OF ACTION) EXCEED THE GREATER OF (A) THE AMOUNT PAID BY YOU TO WPI FOR ACCESSING THE SOFTWARE OR (B) FIFTY U.S. DOLLARS (US$50.00).
This Agreement constitutes the entire agreement between you and WPI, and supersedes any and all prior or contemporaneous agreements, representations, warranties, and understandings with respect to the Software.
This site is controlled and operated by WPI from its offices within the state of North Carolina, United States of America. WPI makes no representation that the Software is appropriate or available for use in other locations, and access to the Software from territories where its contents are illegal is prohibited. Those who choose to access the Software from other countries do so on their own initiative and are responsible for compliance with applicable local laws. You may not use or export the Software in violation of any United States export law or regulation.
This Agreement, and any claim related in whole or in part to this Agreement or the Software, shall be governed by and construed in accordance with the substantive law of the State of North Carolina, applied without regard to its choice of law rules. This Agreement shall be interpreted as to its fair meaning and not strictly for or against any party. All legal proceedings related in whole or in part to this Agreement or the Software shall be brought only in Raleigh, North Carolina, and you hereby expressly submit to the jurisdiction of the courts located there and consent to extra-territorial service of process.
The Software may contain components licensed to WPI under the Eclipse Public License (EPL).
I) These components and their Contributors provide no warranties or conditions, express or implied, including warranties or conditions of title and non-infringement, and implied warranties or conditions of merchantability and fitness for a particular purpose.
II) Contributors of these components may not be held liable for damages, including direct, indirect, special, incidental and consequential damages, such as lost profits.
III) Any provisions of the Agreement that differs from the or EPL are provided solely by WPI.
IV) Source code for the components is available from http://www.eclipse.org.
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