Website testing: Load,
Stress and Performance testing

NOVOSOFT TESTING MASTER END USER LICENSE AGREEMENT

THIS SOFTWARE END USER LICENSE AGREEMENT (HEREINAFTER REFERRED TO AS THE "EUL") IS A LEGAL AGREEMENT BETWEEN YOU, AS THE EUL END-USER (HEREINAFTER REFERRED TO AS "YOU"), AND NOVOSOFT DEVELOPMENT LLC, AS THE EUL LICENSOR (HEREINAFTER REFERRED TO AS THE "NOVOSOFT").

BY INSTALLING, COPYING, OR OTHERWISE USING THE SOFTWARE PROVIDED WITH THIS EUL (AS DEFINED BELOW) OR ANY PART THEREOF, YOU AGREE TO BE BOUND BY THE TERMS OF THIS EUL. IF YOU DO NOT AGREE TO THE TERMS OF THIS EUL, DO NOT INSTALL AND/OR USE THIS SOFTWARE.

1. The Software. The Software provided with this EUL (hereinafter referred to as the "Software") is "Testing Master" software product of Novosoft.

2. Trial and Registration. You are granted the right to Use the Software without registration solely for the purposes of evaluating the performance of the Software for a period of no more than 30 days. If after that time continued Use of the Software is desired then the Software must be registered with Novosoft subject to the terms as laid out in the registration information which can be found in the documentation accompanying the Software. You are expected to Use the Software on your system and to thoroughly evaluate its usefulness and functionality before making a purchase. This "try before you buy" approach is the ultimate guarantee that the Software will perform to your satisfaction.

3. License. Subject to the provisions contained herein, Novosoft hereby grants you a worldwide, non-exclusive, non-transferable (without the right to sublicense) license to Use the Software as a standalone application or a component of any other software program on a single computer. Herein, the "Use" means storing, loading, installing, executing or displaying the Software. You may be either company or individual. To execute any right provided by this EUL, you should enter into an appropriate agreement with Novosoft and/or its authorized supplier thereby purchasing the copy of this Software or getting it legally available for you otherwise.

4. Ownership. The Software is owned and copyrighted by Novosoft. Your license confers no title or ownership in the Software and should not be construed as a sale of any right in the Software. You shall notify Novosoft immediately if you become aware of any unauthorized use of the whole or any part of the Software by any person.

5. Copyright. The Software and all rights, without limitation including proprietary rights therein, are owned by Novosoft and are protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. You acknowledge that no title to the intellectual property in the Software is transferred to you. You further acknowledge that title and full ownership rights to the Software will remain the exclusive property of Novosoft and you will not acquire any rights to the Software except as expressly set forth in this EUL. You agree that any copies of the Software will contain the same proprietary notices which appear on and in the Software. You may neither reproduce the Software nor sell it or distribute otherwise. You may not modify the Software or disable any licensing or control features of the Software except as an intended part of the Software programming features.

6. Reverse Engineering. You agree that you will not attempt to reverse compile, modify, translate, or disassemble the Software in whole or in part.

7. Disclaimer of Warranties. THE SOFTWARE PRODUCT IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. Novosoft makes no warranty that the Software will meet your requirements or that Software functioning will be uninterrupted, timely, secure or error-free. NOVOSOFT DISCLAIMS ALL WARRANTIES WITH RESPECT TO THE SOFTWARE, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT OF THIRD PARTY RIGHTS.

8. Limitation of Liability. YOU ALSO AGREE THAT IN NO EVENT SHALL NOVOSOFT BE LIABLE TO YOU FOR ANY SPECIAL, DIRECT, CONSEQUENTIAL, INDIRECT, OR INCIDENTAL DAMAGES OF ANY KIND RESULTING FROM USE, COST, ERRORS, SECURITY BREACHES, OR ANYTHING ELSE RELATED TO THE DELIVERY, PERFORMANCE OR USE OF THE SOFTWARE, EVEN IF NOVOSOFT OR ITS SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

9. Limitations on the Exclusion of Liabilities and Warranties. If it is illegal for Novosoft to exclude certain liabilities or warranties for you because of your legal jurisdiction, only the said illegal exclusions do not apply to you. If your jurisdiction allows to limit liability for a certain kind of claims or damages but does not allow to exclude such liability completely then in no event shall Novosoft's liability for that particular claims or damages, whether in contract, tort or any other theory of liability, exceed the license fee paid by you, if any.

10. Indemnification. You agree to indemnify and hold Novosoft and its affiliates, officers, owners, and employees harmless from any type of demand or any type of claim (which would include attorneys' fees which are reasonable), which are made by any third party as a result of your use of the Software, be it any type of infringement such as intellectual property or other rights, or other users of the Software using your computer, or an infringement of this EUL by you.

11. Governing Law. This EUL agreement is governed by the laws of the Russian Federation. If any provision or portion thereof of the EUL is found to be void or unenforceable by the appropriate legal jurisdiction and authority, that provision shall be understood and enforced as close to its original meaning as possible, and the remainder of this EUL shall remain in full force and effect.

12. General Provisions. This is the entire agreement between you and Novosoft, which supersedes any prior agreement or understanding, whether written, or oral, relating to the subject matter of this EUL. This EUL agreement shall automatically terminate upon failure by you to comply with its terms. Novosoft, on its sole discretion and upon notification through its website or by a specific message to you, may modify this EUL agreement at any time. If Novosoft fails to act on any of the terms of this EUL it should not be construed as a waiver of any provision unless Novosoft agrees to any such waiver in writing.