1. The Service.
If you are an individual acting as a representative of a corporation or other legal entity which wishes to use the BlazeMeter Service, then you represent and agree that you have the authority to accept these Terms on behalf of such corporation or other legal entity and that all provisions of these Terms will bind that corporation or other legal entity as if it were a party to these Terms.
2. Non-exclusive License, Restrictions and Responsibilities.
Subject to the terms and conditions of these Terms, BlazeMeter grants you a limited, revocable, non-exclusive, non-assignable, non-sublicensable, license to install and use the Service and the BlazeMeter software ("Software") solely as necessary for you to use the Service and Software on your systems, solely for your own internal use. You will not make the Service or the Software available for timesharing, application service provider or service bureau use or otherwise generate income from the Service or Software (unless a duly signed partner agreement has been entered into between you and BlazeMeter that specifically permits such use of the Service or Software for the benefit of third parties). All rights in and to the Service or Software not expressly granted to you in these Terms and all intellectual property rights therein are reserved and retained by BlazeMeter and its licensors without restriction. Without limiting the generality of the foregoing, you agree not to (and not to allow any third party to): (i) sublicense, distribute, or use the Service or Software outside of the scope of these Terms; (ii) copy, modify, reproduce, adapt, translate or otherwise create derivative works of the Service, Software or any documentation related thereto; (iii) reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the Software or any part thereof, except as expressly permitted by the law in effect in the jurisdiction in which you are located; (iv) rent, lease, license, sell, assign or otherwise transfer rights in or to the Service, the Software or any part thereof; (v) use the trademarks, trade names, service marks, logos, domain names and other distinctive brand features or any copyright or other proprietary rights associated with the Service or Software for any purpose without the express written consent of BlazeMeter; (vi) register, attempt to register, or assist anyone else to register any trademark, trade name, service marks, logos, domain names and other distinctive brand features, copyright or other proprietary rights associated with BlazeMeter other than in the name of BlazeMeter; (vii) remove, obscure or alter any notice of copyright, trademark or other proprietary notices or labels placed on Service or Software; (viii) use, post, transmit or introduce any device, software or routine which interferes or attempts to interfere with the operation of the Service or Software.
The Use of the Service and Software and the ability to produce accurate and effective results from it highly depends on the User's expertise in operating the Service or Software. Therefore, you shall be responsible for ensuring that you are competent to write the scripts required to receive optimal results from the Service or Software.
You shall fully comply with all applicable laws and regulations in any use of the Service or Software. You are prohibited from violating system or network security; this may result in criminal and civil liability, including, but not limited to the following: using the Service to penetrate, or attempt to penetrate, security measures of BlazeMeter's or another entity’s computer software or hardware, electronic communications system, or telecommunications system, whether or not the intrusion results in the corruption or loss of data; unauthorized use, access, investigation of a system security or authentication measures, traffic or data; using the Service or Software to distribute any "virus" or other software or instructions intended to destroy or corrupt or otherwise interfere with others' access to and/or use of the Services or Software, the Internet, their computer systems and/or data; interference with Service or Software to any user, host or network including, without limitation, mail bombing, flooding, overloading a system and broadcast attacks, forging of any TCP-IP packet header or any part of the header information in an email or a newsgroup posting; using the Service or Software to gather, or attempt to gather personal information about third parties without their consent; or use the Service or Software to test websites that you are not authorized to test.
You shall not use the Service or Software to post unlawful or defamatory information about a person without their consent, including any information that is harassing or would intentionally inflict emotional distress.
You shall not use the Service or Software to send spam messages, including, without limitation, commercial advertising or mass e-mailings. You shall not use another site's mail server to send e-mail without the express permission of the person authorized on behalf of such site.
BlazeMeter does not desire to access, receive or store, any of your personally identifiable information (PII), and the Services and Software provided by BlazeMeter do not require such access, receipt or storage. Accordingly, you will not transmit (or otherwise provide access) to BlazeMeter to any PII without BlazeMeter’s prior written approval.
BlazeMeter reserves the right to notify the appropriate law enforcement department in case of a violation that is a criminal offense. All BlazeMeter contacts with any third party, including, without limitation, law enforcement, shall be in accordance with applicable laws and regulations, including, but not limited to, laws and regulations governing the privacy of User information as applicable to BlazeMeter’s provision of its Service to its customers.
The prohibited uses detailed above are intended as guidelines regarding improper and inappropriate conduct, and should not be interpreted as an exhaustive list. Generally, conduct that violates law, regulation, or the accepted norms of the Internet community, whether or not expressly mentioned in these Terms is prohibited. BlazeMeter reserves the right at all times to prohibit activities that damage its commercial interests, reputation and goodwill.
3. DMCA Policy
We respect the intellectual property rights of others and expect you to do the same. If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement and is accessible on this site, you may notify our designated copyright agent, as set forth in the Digital Millennium Copyright Act of 1998 (DMCA) (such act may be found on the U.S. Copyright Office website at http://www.copyright.gov/legislation/dmca.pdf).Upon receipt of such notice as described below, we will take whatever action, in our sole discretion, we deem appropriate, including removal of the challenged content from the web site or any Service. For your complaint to be valid under the DMCA, you must provide us with the following information when providing notice of the claimed copyright infringement:
1) Identify the copyrighted work that you claim has been infringed (or, are preventative list of the copyrighted works - if multiple copyrighted works are the subject matter of such notice).
2) Identify the material or link you claim is infringing (or the subject of infringing activity) and that is to be removed.
3) Include the following statements:
a) "I hereby state that I have a good faith belief that the disputed use of the copyrighted material is not authorized by the copyright owner, its agent, or the law".
b) "I hereby state that the information in this notice is accurate and, under penalty of perjury, that I am the owner, or authorized to act on behalf of, the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed".
4) Provide your company affiliation (if applicable), mailing address, telephone number, and, if available, email address.
5) Provide your full legal name and your electronic or physical signature.
If you believe in good faith that a notice of copyright infringement has been wrongly filed by BlazeMeter against you, the DMCA permits you to send BlazeMeter a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA; see http://www.copyright.gov/ for details.
All claims of copyright infringement for the Site should be addressed to:
c/o CA, Inc.
One CA Plaza
Islandia, NY 11749
Attn: Lead IP Counsel
By telephone: (631) 342-6000
By email: email@example.com
4. Our Blog and Knowledge Base
We operate a Blog and a Knowledge Base which, among other things, allow Users to network, work together, share thoughts, help each other; exchange tips, shortcuts and solutions as well as the freedom to request and suggest how we can do more to improve your experience using the Service or Software. Your use of the Blog and Knowledge Base is subject to your compliance with these Terms.
Any opinions, advice, statements, services, offers, or other information that constitutes part of the content expressed or made available by third parties on the Blog or Knowledge Base are those of the respective authors or producers and not of BlazeMeter, its shareholders, directors, officers or employees. We may review and delete any content, in whole or in part, that in the sole judgment of BlazeMeter violates these Terms or which might be offensive, illegal, misleading or that might violate the rights of or harm any third parties or BlazeMeter. We do not control the content posted by third parties via the Blog or Knowledge Base and, as such, do not guarantee the accuracy, integrity or quality of such content. You understand that by using the Blog and Knowledge Base, you may be exposed to content that is offensive, indecent or objectionable. Under no circumstances will BlazeMeter, its shareholders, directors, officers or employees be held liable for any loss or damage caused by your reliance on information obtained through the Blog or Knowledge Base. It is your responsibility to evaluate the information, opinion, advice, or other content available.
You agree that BlazeMeter is free to use any comments, information, ideas, concepts, reviews, or techniques or any other material contained in any communication you may send to us (each, a "Submission"), including, without limitation, your comments to content posted in the Blog or Knowledge Base, or through postings to the Blog or Knowledge Base, without further compensation, acknowledgement or payment to you for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products and creating, modifying or improving the Blog, the Knowledge Base and our products and Services. By posting or providing a Submission or information, you represent and warrant that public posting and use of your Submission or information by BlazeMeter will not infringe on or violate the rights of any third party.
5. Links to Other Resources; Third Party's Products and Services.
We may provide hyperlinks to other websites or resources. Because we have no control over such sites and resources, you acknowledge and agree that we shall not be responsible for the availability of such sites or resources, nor shall we be responsible or liable for any content, advertising, products or other materials on or available from such sites or resources. When you access these third-party sites you do so at your own risk, and you should refer to each such website’s individual "Terms of Service" and not rely on these Terms in anyway.
You acknowledge that the Service uses or contains certain software, products and services which were developed and owned by third parties, the use of which is governed by terms and conditions of such third parties ("Third Party Products and Services" and "Third Party Terms", respectively). Accordingly, you agree that BlazeMeter shall not be held responsible for Third Party Products and Services distributed under Third Party Terms and will not be obligated to compensate the User and no refunds will be issued for Third Party Products' and Services' malfunction, errors or defects, including but not limited to the following:
a) A load test that failed to yield valid results due to a defect/bug/limitation in the Apache JMeter™ open source software.
b) BlazeMeter facilitates reliable hosting/ cloud providers, yet BlazeMeter cannot be held responsible for such hosting/ cloud providers' resources connection failure and/or interruption and/or hosting/ cloud providers' resources restrictions and/or limitations.
c) Other Third Party Products and Services distributed under Third Party Terms, as detailed herein.
6. Fees and Payment Policies.
The Service fees are as detailed and agreed upon in each proposal issued by BlazeMeter to User. Generally, pricing is per instance-hour from the time an instance is launched until it is terminated, while each partial instance-hour consumed will be billed as a full hour and all monies paid to BlazeMeter for Services are non-refundable.
BlazeMeter may change its fees and payment policies for the Service from time to time and they shall be effective upon your acceptance of those changes which will be posted on our website. Unless otherwise stated, all fees are quoted in U.S. Dollars. Any outstanding balance becomes immediately due and payable upon termination of these Terms and any collection expenses (including attorneys' fees) incurred by BlazeMeter will be included in the amount owed, and may be charged to the credit card or other billing mechanism associated with the User.
For all accounts, BlazeMeter may charge an account re-activation fee should an account needs to be re-activated by a User after an account has become de-activated due to non-payment or an untimely authorization for payment.
All fees payable hereunder, do not include local, state or federal sales, use, excise, personal property, VAT or other similar taxes or duties, including, without limitation, any withholding tax, and any such taxes, to the extent legally applicable, shall be borne and paid by you.
7. User Account, Password, and Security.
In order to open an account, you must complete the registration process by providing BlazeMeter with current, complete and accurate information as prompted by the registration form about yourself and any entity you are employed by, including your e-mail address (username) and password. You agree to maintain and update your information to keep it accurate, current and complete.
BlazeMeter may refuse to grant you a username that impersonates someone else, is or may be illegal, is or may be protected by trademark or other proprietary rights law, is vulgar or otherwise offensive, or may cause confusion, as determined by us in our sole discretion. You agree not to transfer or sell your use of or access to the Service to any third party.
You are solely responsible for maintaining the confidentiality of your username and password and for any and all activities (including transactions, if any) that are conducted through such user name and password. You shall take full responsibility for your own, and third party, use of the Service or Software. You are solely responsible for any and all activities that occur following your use of the Service and Software. BlazeMeter may use this information and any technical information about your use of the Service to tailor its presentations to you, facilitate your movement through the Service, or communicate separately with you.
Do not send us your credit card details by email or by any other electronic transmission or through purchase orders, unless this is done through a secured URL of third party payment platform provided by us. BlazeMeter shall not be liable for the storage of or for securing your credit card details provided by you.
"Confidential Information" includes any proprietary data and any other information disclosed by one party to the other in writing and marked "confidential"; disclosed orally and, within five business days, reduced to writing and marked "confidential" or which should reasonably be understood by the receiving party to be confidential or proprietary. However, Confidential Information shall not include any information that is or becomes known to the general public, which is already in the receiving party's possession prior to disclosure by a party or which is independently developed by the receiving party without the use of Confidential Information.
Neither party shall use or disclose the other party's Confidential Information without the other party's prior written consent except for the purpose of performing its obligations under these Terms or if required by law, regulation or court order; in which case, the party being compelled to disclose Confidential Information shall give the other party as much notice as is reasonably practicable prior to disclosing the Confidential Information. Upon termination of these Terms, the parties shall, if so requested in writing, either return or destroy, within a reasonable period of time from the receipt of such request, all Confidential Information and, upon request, provide written certification of such. For the Service, Software or any documentation related thereto, the foregoing obligations of this Section are perpetual and shall survive termination. For all other Confidential Information, the foregoing obligations shall extend for five (5) years from the date of initial disclosure. The parties agree that in addition to any other remedies available at law or hereunder, the disclosing party will be entitled to seek injunctive relief for any threatened or actual disclosure by the receiving party in breach of this Section.
To the extent permitted by applicable law, you shall indemnify, hold harmless and defend BlazeMeter, its subsidiaries and their respective officers, directors, employees, agents and representatives ("BlazeMeter's Indemnities") at your expense, from any and all third-party claims, actions, proceedings, and suits brought against BlazeMeter's Indemnities, and all related liabilities, damages, settlements, penalties, fines, costs or expenses (including, reasonable attorneys' fees and other litigation expenses) incurred by BlazeMeter's Indemnities, arising out of or relating to (i) your use of the Service or Software in violation of the Terms, (ii) your violations of applicable laws, rules or regulations in connection with the Service or Software,; (iii) any claims made by or on behalf of any third party pertaining to your use of the Service or Software; and (vi) violations of your obligations of privacy.
BlazeMeter shall provide you with written notice of any claim, suit or action for which such indemnification is being sought. You shall cooperate as fully as reasonably required in the defense of any claim. BlazeMeter reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by you.
BlazeMeter will indemnify, defend, and/or at its option, settle any third party claims that Your use of the Service or Software in accordance with these Terms infringes or misappropriates any third party valid patent, copyright or trademark or illegally misappropriates a third party’s trade secret within the jurisdictions in which You are authorized to use the Service or Software. BlazeMeter may, at its option and expense: (i) procure for You the right to continue to use the Service or Software; (ii) repair, modify or replace the Service or Software so that it is no longer infringing; or (iii) terminate these Terms upon thirty (30) days’ notice and refund any unused prepaid fees calculated against the remainder of the Service term. BlazeMeter shall have no liability if the alleged infringement is (a) the result of the use of Service or Software in combination with any third party product not supplied by BlazeMeter; (b) based on the use of other than the then-latest release of the Service or Software, if such infringement could have been avoided by use of the latest release; or (c) based on modification of the Service or Software by anyone other than BlazeMeter where infringement would not have resulted but for such modification. BlazeMeter’s indemnification is contingent upon: (i) prompt notice of any claim against you; (ii) BlazeMeter’s sole control of the defense or settlement; and (iii) You providing reasonable assistance in the defense or settlement of such claim. THE FOREGOING PROVISIONS STATE THE ENTIRE LIABILITY AND OBLIGATIONS OF BLAZEMETER REGARDING CLAIMS OF INFRINGEMENT, AND YOUR EXCLUSIVE REMEDY WITH RESPECT TO ANY ACTUAL OR ALLEGED INFRINGEMENT OR MISAPPROPRIATION OF ANY INTELLECTUAL PROPERTY OR OTHER PROPRIETARY RIGHTS.
10. Disclaimer of Warranties.
USE OF THE SERVICE AND ANY RELIANCE BY YOU UPON THE SERVICE, INCLUDING ANY ACTION TAKEN BY YOU BECAUSE OF SUCH USE OR RELIANCE, IS AT YOUR SOLE RISK. BLAZEMETER DOES NOT WARRANT THAT THE SERVICE OR SOFTWARE WILL BE UNINTERRUPTED OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS; NOR DOES IT MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SERVICE OR SOFTWARE. BLAZEMETER MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SERVICES OR SOFTWARE AT ANY TIME. BLAZEMETER MAKES NO REPRESENTATIONS AS TO THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINES, AND ACCURACY OF THE SERVICE OR SOFTWARE. THE SERVICE AND SOFTWARE ARE PROVIDED "AS IS" AND "AS AVAILABLE", "WITH ALL FAULTS" AND BLAZEMETER DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
WE, OUR SERVICE PROVIDERS, AGENTS AND SUB-CONTRACTORS DO NOT WARRANT THAT: (A) THE SERVICE OR SOFTWARE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS; OR (B) THAT DEFECTS, IF ANY, WILL BE CORRECTED.
APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU IN THIS REGARD.
YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY FAILURE OR NONPERFORMANCE OF THE SERVICE OR SOFTWARE SHALL BE FOR BLAZEMETER TO USE COMMERCIALLY REASONABLE EFFORTS TO ADJUST OR REPAIR THE SERVICE.
11. Limitation of Liability.
TO THE EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL BLAZEMETER BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR ANY DAMAGES WHATSOEVER, INCLUDING, BUT NOT LIMITED TO LOSS OF USE, SALES, DATA, PROFITS LOSS OF OR DAMAGE TO BUSINESS, LOSS OF CONTRACTS OR LOSS OF CUSTOMERS, EVEN IF BLAZEMETER HAS BEEN ADVISED OF, KNEW OR SHOULD HAVE KNOWN THAT SUCH DAMAGES WERE POSSIBLE AND EVEN IF DIRECT DAMAGES DO NOT SATISFY A REMEDY.
YOU FURTHER AGREE THAT WE SHALL HAVE NO RESPONSIBILITY FOR ANY DAMAGES SUFFERED BY YOU IN CONNECTION WITH LOSS OF DATA, ERRORS, SYSTEM DOWN TIME, NETWORK OR SYSTEM OUTAGES, COMMUNICATIONS LINE FAILURE, FILE CORRUPTION, OR SERVICE INTERRUPTIONS CAUSED BY THE NEGLIGENCE OF EITHER US OR OUR SUB-CONTRACTORS AND SERVICE PROVIDERS, ALL OF WHICH IS IRRESPECTIVE OF THE THEORY UPON WHICH ANY CLAIM MAY BE BASED, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
BLAZEMETER'S TOTAL CUMULATIVE LIABILITY TO YOU OR ANY OTHER PARTY FOR ANY LOSS OR DAMAGES RESULTING FROM CLAIMS, DEMANDS, OR ACTIONS ARISING OUT OF OR RELATING TO THESE TERMS WILL AT ALL TIMES BE LIMITED TO THE GREATER OF USD$500, OR THE SERVICE FEES PAID BY YOU TO US FOR THE SERVICES PROVIDED DURING THE ONE MONTH PRECEDING THE CIRCUMSTANCES FIRST GIVING RISE TO THE CLAIM OF LIABILITY.
MOREOVER, BLAZEMETER SHALL HAVE NO LIABILITY FOR THE SECURITY AND INTEGRITY OF ANY DATA OR INFORMATION YOU STORE OR TRANSMIT USING THE SERVICE, THE SOFTWARE OR THE INTERNET, INCLUDING ANY DATA OR INFORMATION STORED OR TRANSMITTED BY ANY COMPUTER DESIGNATED AS "SECURE". YOU ARE RESPONSIBLE FOR IMMEDIATELY REPORTING TO BLAZEMETER ANY ISSUE THAT COULD COMPROMISE THE SECURITY OR INTEGRITY OF ANY USER OR SYSTEM TAKING PART IN THE SERVICE.
12. Modifications to TERMS.
BlazeMeter reserves the right to modify these Terms (for example, in order to reflect changes to the law or changes to the Service) including but not limited to the charges and fees associated with the use of the Services. You are responsible for regularly reviewing these Terms, and your use of the Services and Software will be deemed as acceptance of these Terms. Changes shall not apply retroactively and shall become effective no sooner than 14 days after they are posted. If you do not agree to the modified terms for the Service or Software, you should discontinue your use of the Service and Software and send BlazeMeter an email notification. No amendment to or modification of these Terms will be binding unless (i) in writing and approved by a duly authorized representative of BlazeMeter, (ii) you accept updated terms online, or (iii) you continue to use the Service and Software after BlazeMeter has posted updates to these Terms.
13. Term and Termination.
The start and end date of the Service will be specified in your account with BlazeMeter. A party may terminate these Terms for material breach by the other party, provided that in each instance of a claimed breach: (i) the non-breaching party notifies the breaching party in writing of such breach within thirty (30) days of its occurrence; and (ii) the breach is not cured within thirty (30) days of receipt of such notice.
Upon any termination of these Terms, BlazeMeter shall stop providing, and you shall stop accessing the Service; and you shall delete all copies of the Software from all systems and certify thereto in writing to BlazeMeter within 3 business days of such termination. In the event of any termination (a) you will not be entitled to any refunds of any usage fees or any other fees, (b) BlazeMeter shall have no liability to you or any third party because of such termination and (c) any outstanding balance or other unpaid payment obligations during the remainder of the term specified in your account with BlazeMeter, will be immediately due and payable in full, (iii) all of your historical data will no longer be available to you 30 days after the termination of these Terms, and (iv) if you are a member of our Knowledge Base, content posted and Submission will no longer be available to you. Such content and Submission may be, but is not required to be, deleted by BlazeMeter.
14. Unauthorized Tests & Refund Policy.
In case User runs tests without authorization or violates these Terms, BlazeMeter reserves the right to block and terminate its account without issuing a refund of remaining credits in your account.
To be eligible for a refund due to a faulty test, you must submit an email detailing your name, the date of the test in question and the specific test run that caused the issue. Users may apply for a single refund only (e.g. if five tests are run, you will not receive 5 refunds on each test if they are faulty due to the same issue). The request and issue must be submitted within 24 hours of the test. All refund requests must be submitted via our online contact form or via Support.
15. Free Tier and Trials.
BlazeMeter offers users a free monthly tier incorporating free testing credits for of up to a certain number of concurrent users as determined by BlazeMeter. During the free tier, users are prohibited from running more than one test at a time. Users who run more than one test concurrently may have the free tier revoked. Users may not sign up with more than a single email account in order to gain additional free tiers. Users who attempt to create more than one free tier account may have all their free tiers revoked at BlazeMeter's sole discretion.
If the Service is used on a trial or evaluation basis, you agree agrees to use the Service solely for evaluation purposes for a thirty-day evaluation period unless a different period is otherwise noted (the "Trial Period"). The Service may not be used in a live production environment or used for development or commercial purposes. At the end of the Trial Period, your right to use the Service automatically expires. If indicated, the Service may be a pre-release (“beta”) version. BlazeMeter does not guarantee that the commercially available release, if any, will be identical to the pre-release version. USE OF THE SERVICE DURING THE TRIAL PERIOD IS ON AN "AS IS" BASIS WITHOUT ANY WARRANTY, AND BLAZEMETER DISCLAIMS ALL WARRANTIES INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AS WELL AS ANY EXPRESS WARRANTIES PROVIDED ELSEWHERE IN THIS AGREEMENT.
a) These Terms, including all attachments contained herein by reference, constitutes the entire agreement between the parties with respect to the subject matter hereof, and supersedes and replaces all prior and existing understandings or agreements, whether made in writing or orally, in regard to the said subject matter. Applicable sections remain in force after the expiration or early termination of these Terms.
b) The relationships between the parties to these Terms shall be solely that of independent contractors. Nothing in these Terms shall be deemed to create a partnership or joint venture between the parties and neither BlazeMeter nor you shall present itself as the agent of the other, other than as specified in these Terms.
c) Neither party shall be liable to the other for delays or failures in performance for reasons beyond the reasonable control of that party, including, but not limited to, substantial modifications in third party software, force majeure, labor disputes or disturbances, material shortages or rationing, riots, acts of war, governmental regulations, communication or utility failures, or casualties.
d) Failure by either party to enforce any provision of these Terms shall not be deemed a waiver of future enforcement of that or any other provision. Any waiver, amendment or other modification of any provision of these Terms shall be effective only if made in writing and signed by the parties.
e) If for any reason a court of competent jurisdiction finds any provision of these Terms to be unenforceable, that provision of the Terms shall be enforced to the maximum extent permissible so as to affect the intent of the parties, and the remainder of these Terms shall continue in full force and effect.
f) You authorize BlazeMeter to use your company name, logo or other applicable trademarks, at any time, for the purpose of referencing you as a customer of the Service, on the BlazeMeter website or in other promotional marketing materials. If you do not wish to be referenced please contact BlazeMeter at firstname.lastname@example.org.
g) Headings used in these Terms are for ease of reference only and shall not be used to interpret any aspect of these Terms. In addition to terms that are negotiated and documented separately from these Terms, terms that are automatically generated through the interactive use of the BlazeMeter website are explicitly bound by these Terms.
h) The validity, construction and interpretation of the Terms will be governed by the internal laws of the State of New York, excluding its conflict of law provisions. The parties consent to the exclusive jurisdiction and venue of the federal and state courts located in Suffolk County, New York, for any action arising hereunder.
i) You acknowledges that the Services, Software and documentation related thereto are subject to control under U.S. law, including the Export Administration Regulations (15 CFR 730-774) and agrees to comply with all applicable import and export laws and regulations. You agree that the Services, Software and documentation related thereto will not be exported, re-exported or transferred in violation of U.S. law or used for any purpose connected with chemical, biological or nuclear weapons or missile applications, nor be transferred or resold, if You have knowledge or reason to know that the Services, Software and documentation related thereto are intended or likely to be used for such purpose.
j) The Terms may not be assigned by you without the prior written consent of BlazeMeter, such consent not to be unreasonably withheld.
17. Maintenance Services
BlazeMeter shall provide maintenance services as long as you are current in payment of applicable fees and is otherwise materially compliant with the terms and conditions of this Term.
In order to continue receiving maintenance services from BlazeMeter, you may be required to upgrade to third-party-supported applications, and operating systems as specified in the BlazeMeter published Product Architecture Stack (“PAS”) or in the BlazeMeter User guide and/or other BlazeMeter published or designated user documentation (the “User Documentation”), as applicable. If you decide to implement optional “client” technologies as part of this Term, you are responsible for the successful installation and implementation of such “client” technologies within its environment as specified in the PAS or in the User Documentation, as applicable.
Your technical support requests must contain all available information, in English, including but not limited to, your number or site identification number, problem severity, service/software name, operating system/release, platform, area of Service at issue (Production or Sandbox), problem description, and a technical contact familiar with your environment or the problem to be solved.
You shall ensure the Support Contacts are available to provide BlazeMeter with relevant and requested information, data gathering and testing necessary to assist with the resolution of any issue. You shall execute diagnostic routines, if provided by BlazeMeter, and will promptly inform BlazeMeter of the results. You shall communicate with BlazeMeter to verify the existence of the problem and to provide information about the conditions under which the problem could be duplicated.
18. System Requirements
It is understood that in order to use the Service and Software, an internet connected computer using a wide bandwidth network interface should be used, and:
· An up-to-date browser is required.
· It is preferred that all ports to and from the Internet to the test computer would be open or at least ports 22 - SSH, 80 - HTTP and 443 - HTTPS.
· Test computer should support Java and Java Script.
Last updated November 20, 2016.
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