IT IS IMPORTANT THAT YOU READ THIS DOCUMENT CAREFULLY. IT CONTAINS IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS AS WELL AS LIMITATIONS, RESTRICTIONS, WAIVERS, AND INDEMNITIES THAT AFFECT YOUR AND OUR LEGAL LIABILITY TO EACH OTHER. YOUR ACCESS TO AND USE OF THE APP IS AT YOUR OWN RISK AND STRICTLY GOVERNED BY THE TERMS OF THIS DOCUMENT.
Your use of Geekbench software application and components (collectively, the "Software") and the related website and online services offered at primatelabs.com and geekbench.com (each a "Website" and together the "Websites") in connection with the use of the App (collectively, the "Online Services" and, together with the Software, the "App") is subject to the terms and conditions of this End User License Agreement ("EULA") between you and Primate Labs Inc. ("Primate Labs", "we" or "us"). By installing the App on your device, you agree to be bound by the terms of this EULA. In addition, you may be asked, from time to time, to confirm your acceptance of this EULA and any amendments to this EULA by clicking an "I accept" button, checkbox, or similar mechanism in the user interface of the App.
Eligibility. IF YOU ARE ENTERING INTO THIS EULA ON BEHALF OF A COMPANY OR OTHER LEGAL ENTITY, YOU REPRESENT AND WARRANT THAT YOU HAVE THE AUTHORITY TO BIND SUCH ENTITY TO THIS EULA, IN WHICH CASE THE TERMS "YOU" OR "YOUR" SHALL REFER TO SUCH ENTITY AND ALL APPLICABLE USERS. FURTHER, BY ENTERING INTO THIS EULA YOU REPRESENT AND WARRANT THAT YOU ARE OF THE AGE OF MAJORITY IN YOUR JURISDICTION AND HAVE THE LEGAL CAPACITY TO ENTER INTO THIS EULA. IF YOU ARE NOT OF THE AGE OF MAJORITY OR DO NOT HAVE SUCH AUTHORITY OR LEGAL CAPACITY TO ENTER INTO THIS EULA, OR IF YOU DO NOT UNCONDITIONALLY AGREE TO ALL OF THE TERMS OF THIS EULA, IMMEDIATELY CEASE USING AND UNINSTALL THE APP.
Scope of License. Primate Labs offers the following three different licenses (each, a "License Level" and collectively, the "License"), as applicable on a platform, which may be selected by you during the ordering process:
"Geekbench Tryout" is a limited, personal, non-commercial, non-exclusive, non-transferable, non-sublicensable, time-limited and revocable free trial license to use for you and your household the App on devices on the target platform that you own solely for the purpose of testing your device’s performance via the generation of computer performance benchmark results ("Benchmark Results") and requires that all Benchmark Results be automatically uploaded to Primate Labs’ Online Services in accordance with Section 5) below;
"Geekbench License" is a paid, limited, personal, non-exclusive, non-commercial, non-transferable, perpetual, non-sublicensable and revocable license for one (1) specific named user to use the then-current version (that is, the number to the left of the decimal, such as "Geekbench 4.x.x" or "Geekbench 5.x.x") of the App solely for use with personally owned devices of yours or your household’s on the target platform and not for use in, by or on behalf of a business or company, solely for the purpose of testing your personal devices’ performance via the generation of Benchmark Results which may be uploaded to Primate Labs’ Online Services at your discretion; and
"Geekbench Pro License" is a paid, limited, non-exclusive, non-transferable, perpetual, non-sublicensable and revocable license for specific, individual named user(s) at a single corporate entity or sole proprietorship (excluding affiliates of that entity, where applicable, meaning those who control, are controlled by, or share common control with the entity) to use the then-current version (that is, the number to the left of the decimal, such as "Geekbench 4.x.x" or "Geekbench 5.x.x") in connection with devices on the target platform owned by or controlled by that entity/proprietorship solely for the purpose of testing those devices’ performance via the generation of Benchmark Results which may be uploaded to Primate Labs’ Online Services at the entity/proprietorship’s discretion.
All Licenses are restricted to use by only those named user(s) identified to Primate Labs at the time of order. You may change named user(s) only with Primate Labs’ prior written permission which we reserve the exclusive discretion to grant or deny.
Platforms. The App is available for different platforms, including macOS, Windows, Linux, iOS and Android platforms. Except as set out below, when you buy a License to the App on one of those platforms, it is not transferrable for use on any other platform and you may only use the License on the platform on which it is purchased. Not all Licenses are available on all platforms, and features and functionality may differ from platform to platform. Your platform may place additional limitations on your ability to use the App that are outside of our control.
For the Geekbench Pro License for desktops (MacOS, PC and Linux), your License will work across those three platforms.
The Geekbench License for desktops is available on a cross-platform basis. If you select the cross-platform version, your License will work across MacOS, PC and Linux. If you do not, your License is limited for use only on the platform on which it is purchased.
For all other Licenses (including non-desktop Geekbench Pro Licenses), your License is limited for use only on the platform on which it is purchased.
Restrictions. You represent and warrant that you will not permit, nor will you permit any person, to, under any circumstances, directly or indirectly:
unless you have a Geekbench Pro License, use the App for any commercial purposes whatsoever or allow the use of the App by any person other than you as the individual who non-commercially licensed the App;
if you have a Geekbench Pro License, use the App for any commercial purpose other than to test the performance of the licensed entity’s devices using the App via the generation of Benchmark Results;
distribute or make the App available over a network where it could be used by multiple devices at the same time;
rent, lease, lend, sell, redistribute, sublicense, commercialize or otherwise commercially exploit the App for consideration or otherwise;
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), and to the extent that the foregoing restriction is not permitted in your applicable jurisdiction, then: (i) you will only perform the foregoing to the strict extent minimally required to be permitted in your jurisdiction, and (ii) you will provide advance written notice to Primate Labs of your intention to do the foregoing with reasonable particulars so that Primate Labs may take appropriate steps to protect its business and intellectual property rights;
access (or attempt to access) the App by any means other than through the interface provided in accordance with the documentation provided by the App;
access (or attempt to access) the App through any automated means, including any scripts, except as strictly permitted by the documentation provided by the App (but for greater certainty, this does not restrict your ability to properly use the Command Line Mode, Standalone Mode, or Benchmark Automation offered under the Geekbench Pro License strictly in accordance with that license’s documentation);
engage in any activity that interferes with or disrupts the App or the Online Services and networks connected to the App;
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 Section 5) ;
use the App for any unauthorized or unlicensed purpose;
use the App to violate or in violation of any law;
use the App that in any way gives rise to civil liability, or otherwise violates the rights or assists other to violate the rights of Primate Labs or any third party, including but not limited to engaging in copyright infringement, breach of confidentiality, invasion of privacy, trademark infringement, or patent infringement;
remove, obscure, or alter any proprietary rights notices (including copyright and trademark notices) which may be affixed to or contained within the App; or
submit false or misleading information or in any way attempt to corrupt or falsify Benchmark Data.
Benchmark Data. WHEN YOU USE THE APP, BENCHMARK DATA MAY BE COLLECTED, SENT TO PRIMATE LABS AND DISTRIBUTED IN ACCORDANCE WITH THE APP’S FUNCTIONALITY AND DOCUMENTATION BASED ON THE LICENSE LEVEL. PLEASE CAREFULLY READ THIS. 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 and third parties (if any) related to the App in strict accordance with the Privacy Policy located at http://www.primatelabs.com/legal/privacy.html which forms a part of, and is integral to this EULA. Depending on your License Level and your settings, your use of the App may automatically result in the publication of your Benchmark Results on Primate Labs’ website. The published Benchmark Results will not personally identify you or in any way link you to your device (though Primate Labs will collect this information in accordance with the Privacy Policy), but will identify, for example, the make and model of the device that you are testing and evaluating with the App. You acknowledge and agree that, in accordance with Section 6) below, Primate Labs has the sole and exclusive right to use, create derivative works of, distribute and otherwise exploit the Benchmark Results without notice or further compensation to you. You hereby represent and warrant that you have all rights necessary to provide the Benchmark Results to Primate Labs. DO NOT USE THE APP UNLESS YOU HAVE THE RIGHT TO PROVIDE PRIMATE LABS WITH THE BENCHMARK RESULTS AS SET OUT IN THIS EULA.
Proprietary Rights. You acknowledge and agree that, except where expressly stated otherwise, all right, title and interest in and to the App and all Benchmark Data, source code, processes, designs, technologies, URLs, domain names, marks and logos, and any other assets forming any part of the App (collectively, "Our Content") is fully vested in Primate Labs, our licensors or our suppliers, and are protected by applicable copyrights, trademarks, patents, trade secrets or other proprietary rights and laws. You agree that Our Content is licensed subject to this EULA, including the disclaimers and limitations of liability set forth herein. Nothing in your use of the App or this EULA grants you any right, title, or interest in or to Our Content except the limited right to use the App as set out herein. The Software may use open source components; to see a list of required attributions and source code for open source components where required, check the help information found within the App. Strictly to the extent required by the licenses of such open source components, Our Content may be licensed under the terms thereof and not pursuant to the terms of this EULA.
Feedback. If you provide us with any comments, ideas, suggestions, or impressions of the App, our Online Services, or our other products and services (collectively, the "Feedback"), you hereby acknowledge that Primate Labs has all right, title, and interests necessary to commercially exploit (or not) such Feedback in its sole discretion. You are hereby deemed to grant Primate Labs a royalty-free and fully paid-up, non-exclusive, worldwide, irrevocable and perpetual license to use such Feedback for any purpose, including commercial exploitation, regardless of whether we actively solicited that Feedback or not.
Updates. From time to time, the App may permit you to download and install updates (generally, to the right of the leftmost version number, like Geekbench X.1.1 or Geekbench X.2.1). These updates are designed to improve, enhance and further develop the App and may take the form of bug fixes, enhanced functions, new software modules, revisions to functionality or completely new features (collectively, "Updates"). You agree to receive such updates as part of your use of the App. The App may be unavailable from time to time in order for Primate Labs or its licensors to perform system maintenance, upgrades or updates. Nothing in this EULA obligates Primate Labs to provide any Updates and the App is licensed strictly in accordance with the terms of this EULA, including but not limited to all disclaimers.
Pricing. The prices and availability of the App and other products and services made available on a Website may change at any time without notice to you. Prices remain valid while they are listed and offered on a Website. Prices will be as posted on a Website as of the date and time of your order, as applicable. Differences in price from time to time will not constitute a defect in or noncompliance of any product or service. Some products or services may not be available in certain areas. All prices quoted are payable in United States Dollars and, unless otherwise stated, do not include GST, PST, QST, HST or other applicable sales taxes.
Ordering. To purchase a License to use the App, you must submit an order to us through a Website. Your order is an offer to purchase a certain License Level as defined above and further described on a Website. Prior to submitting your order, you will be provided with an opportunity to review and confirm your order. Orders are not binding until we have accepted your order and you have full paid for the License set out therein. After we receive your order, we will send you a confirmation e-mail with your order number and details, and license key, for the License Level you have ordered. Receipt of an order confirmation e-mail does not in and of itself indicate that we have accepted your order.
Payment. All purchases must be made either by credit card or via PayPal. Information about our collection and use of payment information is described in our Privacy Policy. If the payment information that you submit is incorrect or invalid, your payment will not be processed. We have no responsibility or liability if your payment method is declined by your financial institution. Payments are processed by a third-party PCI compliant payment processor. Your payment method with be charged automatically as you place your order. We reserve the right to suspend or cancel any order, in whole or in part, in the event of refusal to authorize payment by your financial institution or in the event of non-payment.
No Cancellations or Refunds. To the extent permissible under applicable law, all confirmed orders are non-cancellable and all Licenses sold hereunder are subject to the disclaimers set out herein and are non-refundable.
Termination. The EULA is effective until terminated by you or Primate Labs. If you wish to terminate this EULA, you may do so by uninstalling and ceasing to use the App. Primate Labs may at any time, terminate your use of the App and this EULA as follows:
automatically and without advance notice if you have breached any provision of the EULA, if you have acted in manner which clearly demonstrates that you do not intend to act in accordance with the EULA, or if you are unable to comply with the provisions of the EULA; or
automatically upon notice (which Primate Labs will use reasonable efforts to provide to you in advance) if Primate Labs is required to do so by law (for example, where the provision of the App to you is, or becomes, unlawful in any manner).
Except as expressly provided herein, upon termination of this EULA, you will immediately cease using the App and you hereby agree to release Primate Labs from any and all liability and claims of loss resulting from restrictions, disruptions, or cessations of the App, in whole or in part.
NO WARRANTY.
The exclusion of warranties contained in the immediately following paragraph do not limit your rights and remedies THAT MAY NOT BE DISCLAIMED OR WAIVED PURSUANT TO APPLICABLE CONSUMER PROTECTION LAW. PRIMATE LABS PROVIDES THE APP "AS IS" AND "AS AVAILABLE." PRIMATE LABS HEREBY DISCLAIMS ALL EXPRESS OR IMPLIED REPRESENTATIONS, CONDITIONS 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.
EXCLUSIONS AND LIMITATIONS OF LIABILITY.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL PRIMATE LABS OR ITS LICENSORS BE LIABLE FOR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION, LOSS OF REVENUE, PAIN AND SUFFERING, EMOTIONAL DISTRESS, COMMERCIAL DAMAGES OR ANY SIMILAR 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, NEGLIGENCE, GROSS NEGLIGENCE OR OTHERWISE) AND EVEN IF PRIMATE LABS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND THIS MEANS THAT PRIMATE LABS OR ITS LICENSORS WILL NOT BE RESPONSIBLE TO YOU FOR ANY SUCH DAMAGES, INCLUDING WHEN CAUSED BY: (1) ERRORS OR OMISSIONS IN OUR CONTENT OR THE APP; (2) UNAUTHORIZED ACCESS TO OR USE OF OUR CONTENT OR THE APP; (3) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE; OR (4) ANY BUGS, VIRUSES, TROJAN HORSES, MALICIOUS SOFTWARE, FRAUDULENT ACTIVITIES, MALWARE OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR ONLINE SERVICES, THE APP OR BY ANY THIRD PARTY.
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT 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 ONE DOLLAR ($1.00) OR THE AMOUNT YOU PAID FOR YOUR LICENSE LEVEL AS IT RELATES TO THE PARTICULAR APP IN QUESTION IN THE PREVIOUS YEAR, WHICHEVER IS GREATER. THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSIONS OF LIABILITY SET OUT ABOVE. IN SUCH CASES, THESE LIMITATIONS WILL NOT APPLY TO YOU BUT ONLY STRICTLY TO THE MINIMUM EXTENT THAT SUCH APPLICABLE LAWS LIMIT THEIR APPLICATION, AND THOSE PORTIONS THAT MAY, BY SUCH APPLICABLE LAW, APPLY, WILL SO APPLY TO THE MAXIMUM EXTENT SO PERMITTED.
Indemnification. You hereby agree to indemnify, defend and hold harmless Primate Labs from and against any and all liability and costs (including, without limitation, legal fees and related disbursements) incurred by Primate Labs in connection with any actual or alleged claim arising out of or in connection with:
your breach of the representation and warranties in Sections 1) and 4) ;
Primate Labs’ use and exploitation of the Benchmark Results (including automatic publication of the Benchmark Results) in accordance with this Agreement and the Privacy Policy referred to above;
any breach or alleged breach by you of this EULA;
any breach or alleged breach by you of any third party’s rights, including, without limitation, any intellectual property, privacy, confidentiality or publicity rights; or
any actual or alleged violation or non-compliance by you with any applicable law, rule or regulation.
Accessibility. We support the Accessibility for Ontarians with Disabilities Act, 2005 ("AODA"). We recognize the importance of accessibility for persons with disabilities and are committed to the principles of accommodation outlined in the AODA and human rights principles. Additionally, our procedures relating to information and communications, and the design of public spaces for persons with disabilities (including the Online Services) are to be guided by the principles of dignity, independence, integration and an equality of access.
Export Compliance. You may not use or otherwise export or re-export the App except as authorized by applicable laws. You may not permit the App to be used by any person embargoed or subject to export restrictions that would limit their use as required by applicable laws.
Government Use. This paragraph applies if you are using the App on behalf of a government entity or public body. The App and all related documentation are commercial items under applicable law, including pursuant to 48 C.F.R. §2.101 and other applicable laws relating to government end use. You may only use the App in connection with a government entity or public body under a paid, commercial license (that is, a Geekbench Pro License), and by ordering the Geekbench Pro License you confirm that such entity or body accepts the terms of this EULA. All access to and use of the App by or for any government, including the United States or Canadian government, is subject to restricted rights expressly contained in this EULA. Without limiting this EULA at all, the App may not be used, reproduced or disclosed by any government entity user except with Primate Labs’ prior written consent. Any other rights or limitations regarding the use, duplication or disclosure of the App that are not expressly contained in this EULA must be stated in a separately written contract even if provided for under applicable law, and all rights not expressly granted pursuant to this EULA are expressly reserved by Primate Labs.
Third Party Content. The App may include hyperlinks to other web sites or content or resources. Primate Labs has no control over any web sites or resources which are provided by companies or persons other than Primate Labs. You acknowledge and agree that Primate Labs is not responsible for the availability of any such external sites or resources, and does not endorse any advertising, products or other materials on or available from such web sites or resources. You acknowledge and agree that Primate Labs is not liable for any loss or damage which may be incurred by you as a result of the availability of those external sites or resources, or as a result of any reliance placed by you on the completeness, accuracy or existence of any advertising, products or other materials on, or available from, such web sites or resources.
Changes to this EULA. Primate Labs may make changes to this EULA, from time to time, without notice to you. When such changes are made, Primate Labs will make a new copy of the EULA available to you by publishing the updated EULA through the App. You understand and agree that you are responsible for regularly reviewing the EULA in order to obtain timely notice of any such updates, and that by continuing to use the App after the date on which the EULA has changed, you will be deemed to have accepted any changes to the EULA.
Internet-Based Limitation. Your use of the App depends on the public internet, including networks, cabling, facilities and equipment that is not in our control; accordingly (i) Primate Labs cannot guarantee any minimum level regarding such performance, speed, reliability, availability, use or consistency, and (ii) data, messages, information or materials sent over the public internet may not be completely private, and your anonymity is not guaranteed, even if we take reasonable precautions to encrypt or direct the same.
Interpretation. In this EULA, (i) the captions and headings are for convenience only and do not constitute substantive matter and are not to be construed as interpreting the contents of this EULA, (ii) the word "including", the word "includes" and the phrase "such as", when following a general statement or term (whether or not non-limiting language such as "without limitation" or "but not limited to" or other words of similar import are used with reference thereto), is not to be construed as limiting, and the word "or" between two or more listed matters does not imply an exclusive relationship between the matters being connected, (iii) all references to website addresses or URLs shall also include any successor or replacement websites containing substantially similar information as the referenced website(s), and (iv) any monetary amounts expressed are in Canadian dollars.
Governing Law and Jurisdiction.
Default Rules. This EULA and the rights of the parties hereto are governed by, and will at all times be construed in accordance with, the laws in force in the Province of Ontario and the laws of Canada applicable therein, without reference to its conflict of laws principles. To the extent permitted by applicable law, you hereby irrevocably consent to the exclusive jurisdiction of the courts of the Province of Ontario and agree that in connection with any matter arising out of or in connection with this EULA any originating process sought to be issued by such courts will be sought from the courts of the Province of Ontario in the City of Toronto. The United Nations Convention on Contracts for the International Sale of Goods will not apply to the interpretation or enforcement of this EULA.
Exceptions Where Required by Law. The courts in some countries or jurisdictions will not apply Ontario law to some types of disputes, or permit us to restrict you to the courts of Ontario for disputes. If you reside in one of those jurisdictions, then where Ontario law or jurisdiction is excluded from applying, your jurisdiction’s laws will apply to such disputes related to these terms and, as applicable, a reasonable jurisdiction factoring in your jurisdiction and ours may be selected for the resolution of disputes (often, this means that the dispute may be heard in the jurisdiction of your residence).
Waiver of Jury Trial. If the jurisdiction for the resolution of any dispute that is selected for this contract includes the right to a trial by jury for the same, then to the maximum extent permitted by applicable law, both you and Primate Labs hereby agree to waive all respective rights to a jury trial of any claim or cause of action related to or arising out of this EULA. The scope of the waiver is intended to be all encompassing of any and all disputes that may be filed in any court and that relate to the subject matter herein, including contract claims, tort claims, breach of duty claims, and all other common law and statutory claims. You and Primate Labs each acknowledge that the other has relied on the waiver in entering into this EULA and that each will continue to rely on the waiver in related future dealings. The waiver is irrevocable, meaning that it may not be modified either orally or in writing, and the waiver shall apply to any subsequent amendments, renewals, supplements or modifications to this EULA.
Additional Terms. Additional terms and conditions may apply to the purchase of Licenses, products, services, or other specific functions available via the App or on the Online Services, but this EULA will always take precedence for any conflict or inconsistency. Without limiting any other terms and conditions displayed on the Online Services, or the Documentation, this EULA, together with those terms incorporated or referred to herein, constitutes the entire legal agreement between you and Primate Labs relating to your use of the App except and to the extent expressly provided otherwise in a written agreement signed by both parties or formally accepted through an electronic contracting process, and supersedes and replaces any prior agreements (whether electronic, oral, or written) in relation to the App, and may not be amended or modified except by Primate Labs as set out herein.
No Waiver. You agree that if Primate Labs does not exercise or enforce any legal right or remedy which is permitted under this EULA (or which Primate Labs has the benefit of under any applicable law), this will not constitute a waiver of any of Primate Labs’ rights and that those rights or remedies will at all times remain available to Primate Labs.
Severability. If any provision of this EULA is determined to be invalid or unenforceable in whole or in part, such invalidity or unenforceability will attach only to such provision or part thereof and the remaining part of such provision and all other provisions hereof will continue in full force and effect.
Assignment and Inurement. Primate Labs may at any time assign our rights and obligations under this EULA, in whole or in part, without notice to you. You may not assign this EULA without our prior, written, consent either directly or indirectly. This EULA will inure to the benefit of and bind you and us and our respective personal and legal representatives, successors and permitted assigns.
Relationship. You agree that no joint venture, partnership, employment or agency relationship exists between Primate Labs and you as a result of this EULA or your use of the App.
Survival. All provisions that, by their meaning or nature, are intended to survive termination or expiry of this EULA shall survive termination or expiration of this EULA.
English Language. The parties have requested and agree that this agreement and all documents relating thereto be drawn up in English / Les parties ont demandé que cette convention ainsi que tous les documents qui s’y rattachent soient rédigés en anglais.
Communications to You. Subject to our Privacy Policy, we may provide you with notifications via email, in hard copy, or through conspicuous posting of such notice on the Website or otherwise through the App, as we may determine in our sole discretion.
Contact Us. If you have any questions or concerns about this EULA, please contact us
By email at hello@primatelabs.com;
By mail at Primate Labs, 1867 Yonge St., Suite 902, Toronto, Ontario, Canada, M4S 1Y5.
LAST UPDATED: August 26, 2019