End User License Agreement | |
Geekbench | |
The Geekbench software application (“App”) that you are downloading is | |
licensed, not sold, to you for use only under the terms of this EULA. You | |
are agreeing to the provisions of this EULA by installing the App on your | |
mobile device and using it. IF YOU DO NOT AGREE WITH ALL OF THESE TERMS, | |
PLEASE UNINSTALL THE APP. IF YOU ARE ENTERING INTO THIS AGREEMENT ON | |
BEHALF OF A COMPANY OR OTHER LEGAL ENTITY, YOU REPRESENT THAT YOU HAVE THE | |
AUTHORITY TO BIND SUCH ENTITY TO THIS AGREEMENT, IN WHICH CASE THE TERMS | |
“YOU” OR “YOUR” SHALL REFER TO SUCH ENTITY AND ALL APPLICABLE USERS. IF | |
YOU DO NOT HAVE SUCH AUTHORITY, OR IF YOU DO NOT UNCONDITIONALLY AGREE TO | |
ALL OF THE TERMS OF THIS AGREEMENT, PLEASE UNINSTALL THE APP. | |
1. Scope of License. Primate Labs Inc. (“Primate Labs”) grants you a | |
limited, non-transferable, perpetual, revocable license for specific | |
named user(s) (set forth in the ordering process) to use the App on | |
devices that you own solely for personal testing and evaluation | |
purposes (i.e., to generate benchmark results “Benchmark Results”), | |
subject to the License Level (defined below) that you have selected. | |
Primate Labs reserves all other rights in the App. You may not under | |
any circumstances: (a) distribute or make the App available over a | |
network where it could be used by multiple devices at the same time; | |
(b) rent, lease, lend, sell, redistribute or sublicense the App; or | |
(c) copy (except as expressly permitted by this EULA), decompile, | |
reverse engineer, disassemble, attempt to derive the source code of, | |
modify, or create derivative works of the App (except to the extent | |
allowed by applicable law); The App is subject to the copyright and | |
other intellectual property rights of Primate Labs, and any violation | |
of this license is prohibited by law. | |
Primate Labs offers three (3) different license levels with different | |
functionalities (each a “License Level”), which may be selected upon | |
order: (a) Geekbench Trial is a free trial license for specific named | |
user(s) to use the App pursuant to the license scope above, which | |
includes automatic upload of Benchmark Results (defined below) to | |
Primate Labs’ website; (b) Geekbench License, a personal license for | |
one (1) specific named user to use the App pursuant to the license | |
scope above, solely for use with personally owned devices and not for | |
use in, by or on behalf of a business or company, which includes | |
additional functionality, including the ability to disable automatic | |
uploads of Benchmark Results to Primate Labs’ website; and (c) | |
Geekbench Pro License, a business license for specific named user(s) | |
to use the App pursuant to the license scope above in connection with | |
devices owned by a business or company. In each case, all licenses are | |
restricted to use by the named individuals identified to Primate Labs | |
at the time of order; you may change named users only with primate | |
labs prior permission. | |
2. Benchmark Data: You agree that Primate Labs may collect and use | |
technical data and related information, including but not limited to | |
technical information about your device, system and application | |
software, and peripherals, that is gathered periodically to facilitate | |
the provision of software updates, product support and other services | |
to you (if any) related to the App. Primate Labs may use this | |
information, as long as it is in a form that does not personally | |
identify you. Your use of the App will automatically result in the | |
publication of your Benchmark Results on Primate Labs’ website. The | |
Benchmark Results will not identify you but will identify, for | |
example, the make and model of the device you are testing and | |
evaluating with the App. Primate Labs shall have the right to use, | |
create derivative works of, distribute and otherwise exploit the | |
Benchmark Results. | |
You represent and warrant that (a) you have all rights necessary to | |
provide Primate Labs with the Benchmark Results, (b) you will not use | |
the App on any pre-release (i.e., not generally available to the | |
public) device or operating system unless you have the rights to | |
authorize publication of the Benchmark Results related to such | |
pre-release device or operating system as set forth in this Section 2, | |
and (c) that your use of the App does not and will not exceed the | |
license limitations for your applicable License Level. | |
3. Termination. The EULA is effective until terminated by you or Primate | |
Labs. You may terminate this EULA by uninstalling the App from your | |
device. This EULA will terminate automatically without notice if you | |
fail to comply with any of its provisions. Upon termination, you must | |
uninstall the App. | |
4. NO WARRANTY. PRIMATE LABS PROVIDES THE APP “AS IS” AND “AS AVAILABLE.” | |
PRIMATE LABS HEREBY DISCLAIMS ALL EXPRESS OR IMPLIED REPRESENTATIONS | |
AND WARRANTIES WITH RESPECT TO THE APP, INCLUDING THE IMPLIED | |
WARRANTIES OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR | |
A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND | |
NON-INFRINGEMENT. PRIMATE LABS DOES NOT WARRANT AGAINST INTERFERENCE | |
WITH YOUR ENJOYMENT OF THE APP, THAT THE APP WILL MEET YOUR | |
REQUIREMENTS, THAT THE OPERATION OF THE APP WILL BE UNINTERRUPTED OR | |
ERROR-FREE, OR THAT DEFECTS IN THE APP WILL BE CORRECTED. THESE | |
DISCLAIMERS WILL APPLY TO THE EXTENT ALLOWED BY THE LAW OF THE | |
APPLICABLE JURISDICTION. | |
5. LIMITATION OF LIABILITY. TO THE EXTENT NOT PROHIBITED BY LAW, IN NO | |
EVENT SHALL PRIMATE LABS BE LIABLE FOR ANY INCIDENTAL, SPECIAL, | |
INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING DAMAGES FOR | |
LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION OR ANY OTHER | |
COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR | |
INABILITY TO USE THE APP, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF | |
LIABILITY (CONTRACT, TORT OR OTHERWISE) AND EVEN IF PRIMATE LABS HAS | |
BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ADDITION, IN NO | |
EVENT SHALL PRIMATE LABS’ TOTAL LIABILITY TO YOU FOR ALL DAMAGES | |
(OTHER THAN AS MAY BE REQUIRED BY APPLICABLE LAW IN CASES INVOLVING | |
PERSONAL INJURY) EXCEED THE AMOUNT OF FIFTY DOLLARS ($50.00). THE | |
FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS | |
OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS DO NOT ALLOW THE | |
LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR | |
CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. | |
6. Export Compliance. You may not use or otherwise export or re-export | |
the App except as authorized by United States law and the laws of the | |
jurisdiction in which the App was obtained. In particular, but without | |
limitation, the App may not be exported or re-exported into any U.S. | |
embargoed countries or to anyone on the U.S. Treasury Department’s | |
list of Specially Designated Nationals or the U.S. Department of | |
Commerce Denied Person’s List or Entity List. By using the App, you | |
represent and warrant that you are not located in any such country or | |
on any such list. You also agree that you will not use the App for any | |
purposes prohibited by United States law, including, without | |
limitation, the development, design, manufacture or production of | |
nuclear, missiles, or chemical or biological weapons. | |
7. Government Users. The App and related documentation are “Commercial | |
Items”, as that term is defined at 48 C.F.R. §2.101, consisting of | |
“Commercial Computer Software” and “Commercial Computer Software | |
Documentation”, as such terms are used in 48 C.F.R. §12.212 or 48 | |
C.F.R. §227.7202, as applicable. Consistent with 48 C.F.R. §12.212 or | |
48 C.F.R. §227.7202-1 through 227.7202-4, as applicable, the | |
Commercial Computer Software and Commercial Computer Software | |
Documentation are being licensed to U.S. Government end users (a) only | |
as Commercial Items and (b) with only those rights as are granted to | |
all other end users pursuant to the terms and conditions herein. | |
Unpublished rights are reserved under the copyright laws of the United | |
States. | |
8. Indemnification. You hereby agree to indemnify, defend and hold | |
harmless Primate Labs from and against any and all liability and costs | |
(including, without limitation, attorneys’ fees and costs) incurred by | |
Primate Labs in connection with any actual or alleged claim arising | |
out of or in connection with: (a) your breach of the warranties in | |
Section 2 and/or Primate Labs’ use and exploitation of the Benchmark | |
Results (including automatic publication of the Benchmark Results if | |
you have not selected to turn off that feature); (b) any breach or | |
alleged breach by you of this EULA; (c) any breach or alleged breach | |
by you of a third party’ s rights, including, without limitation, any | |
intellectual property, privacy, confidentiality or publicity rights; | |
or (d) any actual or alleged violation or non-compliance by you with | |
any applicable law, rule or regulation. | |
9. Governing Law; Jurisdiction. The laws of the State of Oregon, | |
excluding its conflicts of law rules, govern this EULA and your use of | |
the App. The exclusive venue and jurisdiction for any and all | |
disputes, claims and controversies arising from or relating to this | |
EULA shall be the courts located in Oregon. You hereby party waive any | |
objection (on the grounds of lack of jurisdiction, forum non | |
conveniens or otherwise) to the exercise of such jurisdiction over it | |
by any such courts. The United Nations Convention on Contracts for the | |
International Sale of Goods will not apply to the interpretation or | |
enforcement of this EULA. |