Terms of Service

(End user license agreement)

Notes: Incase you use Citus Cloud Load Test through AWS Marketplace, you have to agree to the AWS Term, see more..

FPT Software (“we”, “us” or “our”) provides a service (“Service”) called Citus Cloud Load Test, that allows users to test their web-applications or web-services using state-of-the-art technologies and cloud-computing resources. The following is the End User License Agreement (the “EULA” or the “Agreement”) for use of the Service (the “License”). By using Citus Cloud Load Test directly and/or through FPT Software partners and/or buying credits, and/or the partner of FPT Software and/or the partner`s employee, customers (only in the case of a partner) and end-users (each shall be referred to as a “User” or “You”). You acknowledge that you have read, understood and agree to abide by all terms and conditions of this EULA and be liable for any violations of this EULA by such customers and end-users.

Citus Cloud Load Test’s website is available for any user world wide. FPT Software creates and maintains this website for information purposes only. By using this web site you shall be deemed to have accepted, and agreed to be bound by these terms and conditions and to comply with all applicable laws and regulations. You agreed not to interrupt or attempt to interrupt the operation of this website in any manner. You may not use this website if you do not accept these terms.

IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS OF THIS EULA, PLEASE DO NOT USE THE SERVICES.

The Service (Citus Cloud Load Test).

The Service is provided to You through a limited license for the Service which is subject to Your payment of the fees for the Service and other Terms of this Agreement.
The prohibited uses detailed below 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 this EULA is prohibited. FPT Software reserves the right at all times to prohibit activities that damage its commercial interests, reputation and goodwill.

Limited license

This website and all content of this website, patents, copyright, trademark and other intellectual property rights are property of FPT Software and are protected by world wide copyright laws. You agreed to comply with all copyright laws world wide in your use of this website. FPT Software grants no express or implied rights under any patents, trademarks, copyrights or trade secret information. You may not modify, copy, transmit, sell or distribute in whole or in part of this website except that FPT Software grants you not-exclusive, non-commercial, limited use of this website. You may not use any part or a whole of this website in order to create a part of new website and/or when you use even links on the Internet to create it without FPT Software’s prior written consent. Notwithstanding the foregoing, any software and other materials that are made available for downloading, access, or other use from this site with their own license terms, conditions, and notices will be governed by such terms, conditions, and notices.

Violation of any of these agreements will result in automatically termination of any rights granted to you without prior notice. While FPT Software prohibits such conduct and content on its website, you understand and agree that FPT Software cannot be responsible for the content posted on its website and you nonetheless may be exposed to such materials and that you are solely responsible for any content that you create, transmit or display while using the website and for the consequences of your actions (including any loss or damage which FPT Software may suffer) by doing so.

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 Your License. You are solely responsible for any and all activities that occur under Your License. FPT Software 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.

Confidentiality

“Confidential Information” includes any proprietary data and any other information disclosed by one party to the other in writing and marked “confidential” or disclosed orally and, within five business days, reduced to writing and marked “confidential”. 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’s prior written consent except for the purpose of performing its obligations under this Agreement 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 this Agreement, the parties shall promptly either return or destroy all Confidential Information and, upon request, provide written certification of such.

Indemnification.

To the extent permitted by applicable law, You shall indemnify, hold harmless and defend FPT Software, its officers, directors, employees, agents and representatives at Your expense, from any and all third-party claims, actions, proceedings, and suits brought against FPT Software or any of its officers, directors, employees, agents or affiliates, and all related liabilities, damages, settlements, penalties, fines, costs or expenses (including, reasonable attorneys’ fees and other litigation expenses) incurred by FPT Software or any of its officers, directors, employees, agents or affiliates, arising out of or relating to (a) Your breach of any term or condition of this Agreement, (b) Your use of the Service, (c) Your violations of applicable laws, rules or regulations in connection with the Service, (d) any representations and warranties made by You concerning any aspect of the Service; (e) any claims made by or on behalf of any third party pertaining directly or indirectly to Your use of the Service; (f) violations of Your obligations of privacy to any third party; and (g) any claims with respect to acts or omissions of any third party in connection with the Service. FPT Software shall provide You with written notice of any claim, suit or action from which You must indemnify FPT Software. You shall cooperate as fully as reasonably required in the defense of any claim. FPT Software reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by You.

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. FPT Software does not warrant that the Service will be uninterrupted or free of errors or other harmful components; nor does it make any warranty as to the results that may be obtained from use of the Service. FPT Software may make improvements and/or changes in the Services at any time. FPT Software makes no representations as to the suitability, reliability, availability, timelines, and accuracy of the Service. The Service is provided ‘as is’ and “as available”, “with all faults” and FPT Software disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, title and non-infringement. 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 shall be for FPT Software to use commercially reasonable efforts to adjust or repair the Service.

Proprietary Rights.

The Service and all Intellectual Property Rights therein are, and shall remain, the property of FPT Software. All rights in and to the Service’s software not expressly granted to You in this Agreement are reserved and retained by FPT Software and its licensors without restriction. Without limiting the generality of the foregoing, You agree not to (and not to allow any third party to): (a) sublicense, distribute, or use the Service outside of the scope of the License granted in this Agreement; (b) copy, modify, adapt, translate, prepare derivative works from, reverse engineer, disassemble, or decompile the Software or otherwise attempt to discover any source code or trade secrets related to the Service; (c) rent, lease, sell, assign or otherwise transfer rights in or to the Service; (d) use, post, transmit or introduce any device, software or routine which interferes or attempts to interfere with the operation of the Service; (e) 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 for any purpose without the express written consent of FPT Software; (f) register, attempt to register, or assist anyone else to register any trademark, trade name, serve marks, logos, domain names and other distinctive brand features, copyright or other proprietary rights associated with FPT Software other than in the name of FPT Software; or (g) remove, obscure, or alter any notice of copyright, trademark, or other proprietary right appearing in or on any item included with the Service.

Prohibited Uses.

You will neither use nor permit others to use Citus Cloud Load Test and AWS infrastructure (a) to direct volume to any website that you do not own or operate, such as a website of a competitor, (b) for any unlawful, invasive, infringing, defamatory, fraudulent (c) 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, Licensor may immediately suspend or terminate your use of the Service without refund. Licensor will be the sole arbiter as to what constitutes a violation of this provision, provided that any determination of a violation of this provision shall be made reasonably in good faith based on applicable law, regulation and the commonly accepted practices of the Internet community.

FPT SOFTWARE WILL NOT TAKE RESPONSIBILITY FOR ANY ILLEGAL OR PROHIBITED ACTS FROM THE CUSTOMERS AND THEY WILL BE PROSECUTED BY THE LAW FOR SUCH ACTS.

Modifications to EULA.

FPT Software reserves the right to modify the terms and conditions of this EULA (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 this EULA, and your use of the Services will be deemed as acceptance of the terms and conditions of this EULA. 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, You should discontinue Your use of the Service and send FPT Software an email notification. No amendment to or modification of this Agreement will be binding unless (a) in writing and signed by a duly authorized representative of FPT Software, (b) You accept updated terms online, or (c) You continue to use the Service after FPT Software has posted updates to the Agreement..

Miscellaneous.

a) This Agreement, 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 this Agreement.
b) The relationships between the parties to this Agreement shall be solely that of independent contractors. Nothing in this Agreement shall be deemed to create a partnership or joint venture between the parties and neither FPT Software nor You shall present itself as the agent of the other, other than as specified in this Agreement.
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 this Agreement 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 this Agreement 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 this Agreement to be unenforceable, that provision of the Agreement shall be enforced to the maximum extent permissible so as to affect the intent of the parties, and the remainder of this Agreement shall continue in full force and effect.
f) It is understood that in order to use Service the User shall comply with the following system requirements:, an internet connected computer using a wide bandwidth network interface; an up-to-date browser; it is preferred that all ports to and from the Internet to the test computer would be open or at least port 80 – HTTP.
g) You authorize FPT Software to use your company name, logo or other applicable trademarks, at any time, for the purpose of referencing you as a customer on this website or in other promotional marketing materials..
h) Headings used in this Agreement are for ease of reference only and shall not be used to interpret any aspect of this Agreement. In addition to terms that are negotiated and documented separately from this Agreement, terms that are automatically generated through the interactive use of this website are explicitly bound by this Agreement.
i) Any dispute relating to or arising from this Agreement shall be settled in the sole jurisdiction of the laws of Socialist Republic of Vietnam

SYSTEM REQUIREMENTS It is understood that in order to use the Service, an internet connected computer using a wide bandwidth network interface should be used. And: An up-to-date browser is required.
The system under test must allow traffic to and from the Internet for all ports that is being tested. The default port is 80.

QUESTIONS

Last updated June 20, 2014.
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This website is provided by FPT Software as a service to its customers and may be used for informational purposes only and should not be construed as legal advice. If you need legal advice, contact a lawyer.