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authorV3n3RiX <venerix@redcorelinux.org>2018-03-24 10:19:03 +0000
committerV3n3RiX <venerix@redcorelinux.org>2018-03-24 10:19:03 +0000
commitb279bbe94522565b8feb19b8e5f377d3ea76f157 (patch)
treee4790abc54cd850232f7d7de49e371fdfe8976c7 /licenses
parentc5283d322accc6097afec74eab24550829788bab (diff)
gentoo resync : 24.03.2018
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+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.