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diff --git a/licenses/geekbench b/licenses/geekbench new file mode 100644 index 000000000000..c274c9ea5011 --- /dev/null +++ b/licenses/geekbench @@ -0,0 +1,158 @@ +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. |