Subject to these Terms of Use, AtlantisSoftware will provide you access to and a license to use the Product solely for your internal business purposes. You have no right to provide access to the Product to others or to copy, transfer, sublicense, or otherwise distribute the Product or its components to others.
You understand that the Product might deliver a reasonably high volume of traffic to the designated website, depending on the rules specified by you. It is your responsibility to ensure that designated site is capable of accommodating that volume.
Access to and use of the Product requires an appropriate connection to the Internet. You are solely responsible, at your own expense, for acquiring, installing, maintaining, and updating all hardware, computer software, and communications capability necessary for use of the Product.
AtlantisSoftware may from time to time offer limited trial access to the Product, on terms and subject to conditions specified in connection with such an offer. For all other access to and use of the Product, you will pay AtlantisSoftware the applicable fee specified on this Site. Whether you are accessing and using the Product on a trial basis or for purchased volume, these Terms of Use apply.
AtlantisSoftware will make feedback form available on all the pages through which you may report problems and send questions about the Product. AtlantisSoftware personnel will monitor messages for support on a regular (but not continuous) basis, and will use reasonable efforts to answer questions about the use and operation of the Product.
AtlantisSoftware and its licensors retain ownership, including all copyright, patent, trademark, and trade secret rights in and to the Product and all software, content, and other components made available through or otherwise used to provide the Product. AtlantisSoftware reserves any rights or licenses not expressly granted to you under these Terms of Use.
You may copy for internal use only any reports generated through use of the Product, and any other content accessed through the Product as long as it shows clearly that report is generated by AtlantisSoftware.
As part of your use of the Product, you may receive reports assessing the performance of your website during testing. The reports will be generated from sources believed to be reliable. However, AtlantisSoftware does not guarantee the accuracy, adequacy, or completeness of the reports and is not responsible for any errors or omissions.
AtlantisSoftware warrants that the Product will substantially conform to the description of the Product on this Site. If the Product does not conform to this warranty, AtlantisSoftware will refund to you the amounts paid for the nonconforming use of the Product. Any refund must be requested within 30 days after you first encounter any nonconformity. The refund is your sole remedy in case of breach of the foregoing warranty.
Except as stated in section 9 above, AtlantisSoftware makes no warranty of any kind, including without limitation any implied warranty of merchantability, fitness for a particular purpose, or against infringement. AtlantisSoftware does not warrant that your use or access to the product will be error-free, uninterrupted, secure, or virus-free.
You will indemnify, defend, and hold harmless AtlantisSoftware and its employees against any and all liabilities, losses, costs, and expenses, including attorney fees at trial and on appeal, arising out of your use of the Product or any breach of these Terms of Use by you, including, without limitation, claims by third parties arising from your misuse of the Product.
You assume all responsibility and risk for use of the product. AtlantisSoftware will not be liable for any claims attributable to any errors, omissions, or other inaccuracies in the information or material contained in the product. In no event will AtlantisSoftware be liable for indirect, special, punitive, incidental, or consequential damages arising out of the use of the product, including without limitation any damages for lost profits, lost savings, loss of business opportunity, or business interruption, even if AtlantisSoftware was informed of the possibility thereof in advance. AtlantisSoftware's maximum liability arising out of or related to your use of the product, regardless of legal theory (whether in contract, tort or otherwise), will not exceed the fees paid by you for the use of the product that is the basis for liability.
To minimize the risk of intentional or inadvertent violation of AtlantisSoftware's exclusive rights, you will: take reasonable steps to make your personnel aware that the Product is used under license from AtlantisSoftware and to ensure that you and your personnel comply with these Terms of Use; make no attempt to, and not permit employees or any other third party to make any attempt to copy, alter, modify, improve, or reverse engineer the Product or related software or content or interfere in any manner with the hosting and provision of the Product; and not remove or obscure AtlantisSoftware's copyright, trademark, proprietary rights, disclaimer, or warning notices appearing on any content provided as part of the Product, including reports and other documents obtained through the use of the Product.
You will neither use nor permit others to use the Product (a) for any unlawful, invasive, infringing, defamatory, fraudulent, or obscene purpose, (b) to send spam or other types of unsolicited communications of any kind, regardless of the content or nature of the messages, (c) to send any virus, worm, Trojan horse, or harmful code or attachment, or (d) to alter, steal, corrupt, disable, destroy, trespass, or violate any security or encryption of any computer file, database, website, or network. If you or your personnel violate any of the foregoing prohibitions, AtlantisSoftware may immediately suspend or terminate your use of the Product without refund.
You consent to receiving marketing materials from AtlantisSoftware by e-mail or otherwise relating to products and services offered by AtlantisSoftware. AtlantisSoftware will comply with your request that we not send you these materials.
BrowserMob may supplement or amend these Terms of Use from time to time by posting the supplemented or amended terms on this Site. The supplemented or amended terms will apply to each use of the Product following the posting. Your continued use of the Product will constitute your agreement to the supplemented or amended terms.
In any litigation or arbitration proceeding between the parties, the prevailing party will be entitled to recover reasonable attorney fees and expenses, including attorney fees and expenses on appeal or petition for review. The prevailing party means the party that prevails (whether affirmatively or by means of a successful defense) with respect to the claims having the greatest value or importance as reasonably determined by the court or arbitrator.
These Terms of Use represent the entire agreement between you and AtlantisSoftware.
These Terms of Use are governed by UK law without regard to conflicts of law principles.
If any provision of these Terms of Use are held invalid or unenforceable in any jurisdiction, then, to the fullest extent permitted by law, (a) the affected provision will remain in full force and effect in all other jurisdictions and (b) all other provisions will remain in full force and effect.
The state courts in London, UK will have exclusive jurisdiction over the parties with respect to any dispute or controversy between them arising under or in connection with these Terms of Use or your use of the Product, and each party consents to such jurisdiction. The parties agree that venue in such forums for purposes of litigation is proper, and the parties waive any claim that such forums are inconvenient or that a more convenient forum can be found.
