End User License Agreement
PLEASE READ THE FOLLOWING
Software License Agreement
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.
Software Ownership
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 Load Tester, Web Performance Suite, and Web Performance Analyze are trademarks of WPI. They may be used publicly only with prior written permission from WPI.
Your Rights and Obligations:
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.
Third-party Costs
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.
Node-Locked License
The node-locked license may only be installed on a single computer for use by a single person. 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.
Disclaimer and Limitation of Liability
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 any aspect of the Software without prior notice.
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 AMOUNT PAID BY YOU TO WPI, IF ANY, FOR ACCESSING THE SOFTWARE.
Entire Agreement
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.
Applicable Law
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.
3rd party components
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.