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.
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.
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.
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.
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.
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.
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.
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.
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.
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.