Welcome to the website operated and published by Web Performance, Inc. Web Performance, Inc. provides this site for information to the greater public under these Terms of Use. By accessing and using the Web Performance, Inc. website, you agree to these Terms of Use. We may make updates or revisions to these Terms of Use by posting the changes online. Should you object to any such revision(s) to these Terms of Use or become dissatisfied with the Web Performance, Inc. website in any way, your only recourse is to immediately discontinue usage of the Web Performance, Inc. website. Otherwise, continuing to use the service after the effective date means that you agree to be bound by the changes.
There is no cost associated with using the basic services provided by the Web Performance, Inc. website. At some point premium services may be offered for a fee. Those areas will be clearly marked.
Material published on the Web Performance, Inc. website, including articles, photos, graphics, bulletin board postings, audio and video clips, and other content, is copyrighted by Web Performance, Inc., unless otherwise noted. Additionally, the entire content of the Web Performance, Inc. website is also copyrighted as a collective work under the United States copyright laws; the owner of the collective work is Web Performance, Inc. You cannot reproduce, republish or redistribute material from the Web Performance, Inc. website in any way without the express written consent of Web Performance, Inc.
To obtain permission to reuse or republish any material copyrighted by Web Performance, Inc., please contact us at 919-845-7601. The Web Performance, Inc. site often provides helpful website links to sites not published by Web Performance, Inc. Please contact the copyright holder for permission to reuse or republish information for any sites not published by Web Performance, Inc.
The Web Performance, Inc. website is provided on an "as is" and "as available" basis. We make no warranty of any kind, either express or implied. While the Web Performance, Inc. website strives for accuracy, it does not warrant or guarantee the accuracy or completeness of any information or database on our service. Nor does the Web Performance, Inc. website guarantee or warrant that any files available for downloading will be free of defects. Web Performance, Inc. nor any of its partners shall be liable in any way to you or the other parties for delays, inaccuracies, errors or omissions in the material published on a Web Performance, Inc. website.
While we take reasonable steps to ensure that no viruses, worms, Trojan horses or other destructive items are present, the entire risk as to the quality and performance of the Web Performance, Inc. website and the accuracy and completeness of any information is with the user of our service.
Also, the Web Performance, Inc. website does not warrant that our service will be uninterrupted or error-free. The Web Performance, Inc. website makes no warranties, express or implied, including, without limitation, those of merchantability and fitness for a particular purpose, any information published on the Web Performance, Inc. website or any products or services sold through the Web Performance, Inc. website.
Advice, opinions and all other information expressed on the Web Performance, Inc. website bulletin boards represent the individual's own views and not necessarily those of the Web Performance, Inc. website. The Web Performance, Inc. website does not endorse and is not responsible for statements, advice and opinions made by anyone other than authorized Web Performance, Inc. website spokespersons.
You agree to indemnify, defend and hold Web Performance, Inc. harmless from and against any and all liability, loss, claims, damages, costs and/or actions (including attorney's fees) based on or arising from any breach by you of your obligations under these Terms of Use. We reserve the right to defend any such claim, and you agree to provide us with such reasonable cooperation and information as we may request.
This Agreement between Web Performance, Inc. and its website users will be governed and interpreted under the laws of the state of North Carolina, without regard to its conflict of laws provisions. Any action brought in connection with this Agreement shall be filed within one year of the date of the alleged injury, in the General Court of Justice, Superior Court Division, State of North Carolina, County of Wake or U.S. District Court for the State of North Carolina, Eastern District, 4th Judicial District.
Any legal controversy or legal action arising out of or relating to these Terms of Use or the Web Performance, Inc. website, excluding legal action taken by Web Performance, Inc. to obtain an injunction relating to its intellectual property, shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in Raleigh, North Carolina, and judgment on the arbitration award may be entered into any court having jurisdiction thereof.
We reserve the right, without notice and in our sole discretion, to terminate any or all of the Web Performance, Inc. website service and/or to block or prevent future access to and use of the Web Performance, Inc. website.
Buying WPLoadTester Cloud grants a permanent license to operate three separate programs: a "controller" (the user interface that runs the test), "load-generating engines" that generate the virtual users, and optional monitoring software installed on the servers under test. The controller is a permanent node-locked license that may be installed on a single computer for execution by one person at a time. The permanent license can be moved to a second computer by first deactivating the original license, uninstalling the software, and then re-activating it on the new computer. Running the program on multiple computers with the same license key violates the license agreement and will be detected.
Load engines and server-monitoring software are not subject to per-computer license restrictions: a single purchased license enables generating load from an unlimited number of servers and monitoring an unlimited number of servers. The full text is available in the complete license document.
The software is licensed for use by one person at one time. If you want multiple people to use the software at the same time, multiple licenses must be purchased. To upgrade from a previous version of Load Tester or Web Performance Trainer to the latest release, you'll need a current support contract.
We want our customers to get software that meets their needs, and are happy to help go through a list of requirements to make sure that WPLoadTester is a good fit. To facilitate the evaluation process, an unlimited demo of all software products is available along with free phone and email support. If the test cases run correctly in the demo, then any errors at the larger scale of a full load test are the result of the website's inability to handle load, not a software error.
Ultimately, however, the customer is responsible for making sure the software will work in their environment. Once the customer has made a purchase, returns of the software are allowed for a period of 90 days, only in the case that the software fails to produce the advertised load on the web server, provided this can be verified by technical support.
We hope that you enjoy your visit to the Web Performance, Inc. website. If you have any questions about these Terms of Use, please contact us.