1 End User License Agreement
5 The Geekbench software application (“App”) that you are downloading is
6 licensed, not sold, to you for use only under the terms of this EULA. You
7 are agreeing to the provisions of this EULA by installing the App on your
8 mobile device and using it. IF YOU DO NOT AGREE WITH ALL OF THESE TERMS,
9 PLEASE UNINSTALL THE APP. IF YOU ARE ENTERING INTO THIS AGREEMENT ON
10 BEHALF OF A COMPANY OR OTHER LEGAL ENTITY, YOU REPRESENT THAT YOU HAVE THE
11 AUTHORITY TO BIND SUCH ENTITY TO THIS AGREEMENT, IN WHICH CASE THE TERMS
12 “YOU” OR “YOUR” SHALL REFER TO SUCH ENTITY AND ALL APPLICABLE USERS. IF
13 YOU DO NOT HAVE SUCH AUTHORITY, OR IF YOU DO NOT UNCONDITIONALLY AGREE TO
14 ALL OF THE TERMS OF THIS AGREEMENT, PLEASE UNINSTALL THE APP.
16 1. Scope of License. Primate Labs Inc. (“Primate Labs”) grants you a
17 limited, non-transferable, perpetual, revocable license for specific
18 named user(s) (set forth in the ordering process) to use the App on
19 devices that you own solely for personal testing and evaluation
20 purposes (i.e., to generate benchmark results “Benchmark Results”),
21 subject to the License Level (defined below) that you have selected.
22 Primate Labs reserves all other rights in the App. You may not under
23 any circumstances: (a) distribute or make the App available over a
24 network where it could be used by multiple devices at the same time;
25 (b) rent, lease, lend, sell, redistribute or sublicense the App; or
26 (c) copy (except as expressly permitted by this EULA), decompile,
27 reverse engineer, disassemble, attempt to derive the source code of,
28 modify, or create derivative works of the App (except to the extent
29 allowed by applicable law); The App is subject to the copyright and
30 other intellectual property rights of Primate Labs, and any violation
31 of this license is prohibited by law.
33 Primate Labs offers three (3) different license levels with different
34 functionalities (each a “License Level”), which may be selected upon
35 order: (a) Geekbench Trial is a free trial license for specific named
36 user(s) to use the App pursuant to the license scope above, which
37 includes automatic upload of Benchmark Results (defined below) to
38 Primate Labs’ website; (b) Geekbench License, a personal license for
39 one (1) specific named user to use the App pursuant to the license
40 scope above, solely for use with personally owned devices and not for
41 use in, by or on behalf of a business or company, which includes
42 additional functionality, including the ability to disable automatic
43 uploads of Benchmark Results to Primate Labs’ website; and (c)
44 Geekbench Pro License, a business license for specific named user(s)
45 to use the App pursuant to the license scope above in connection with
46 devices owned by a business or company. In each case, all licenses are
47 restricted to use by the named individuals identified to Primate Labs
48 at the time of order; you may change named users only with primate
49 labs prior permission.
51 2. Benchmark Data: You agree that Primate Labs may collect and use
52 technical data and related information, including but not limited to
53 technical information about your device, system and application
54 software, and peripherals, that is gathered periodically to facilitate
55 the provision of software updates, product support and other services
56 to you (if any) related to the App. Primate Labs may use this
57 information, as long as it is in a form that does not personally
58 identify you. Your use of the App will automatically result in the
59 publication of your Benchmark Results on Primate Labs’ website. The
60 Benchmark Results will not identify you but will identify, for
61 example, the make and model of the device you are testing and
62 evaluating with the App. Primate Labs shall have the right to use,
63 create derivative works of, distribute and otherwise exploit the
66 You represent and warrant that (a) you have all rights necessary to
67 provide Primate Labs with the Benchmark Results, (b) you will not use
68 the App on any pre-release (i.e., not generally available to the
69 public) device or operating system unless you have the rights to
70 authorize publication of the Benchmark Results related to such
71 pre-release device or operating system as set forth in this Section 2,
72 and (c) that your use of the App does not and will not exceed the
73 license limitations for your applicable License Level.
75 3. Termination. The EULA is effective until terminated by you or Primate
76 Labs. You may terminate this EULA by uninstalling the App from your
77 device. This EULA will terminate automatically without notice if you
78 fail to comply with any of its provisions. Upon termination, you must
81 4. NO WARRANTY. PRIMATE LABS PROVIDES THE APP “AS IS” AND “AS AVAILABLE.”
82 PRIMATE LABS HEREBY DISCLAIMS ALL EXPRESS OR IMPLIED REPRESENTATIONS
83 AND WARRANTIES WITH RESPECT TO THE APP, INCLUDING THE IMPLIED
84 WARRANTIES OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR
85 A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND
86 NON-INFRINGEMENT. PRIMATE LABS DOES NOT WARRANT AGAINST INTERFERENCE
87 WITH YOUR ENJOYMENT OF THE APP, THAT THE APP WILL MEET YOUR
88 REQUIREMENTS, THAT THE OPERATION OF THE APP WILL BE UNINTERRUPTED OR
89 ERROR-FREE, OR THAT DEFECTS IN THE APP WILL BE CORRECTED. THESE
90 DISCLAIMERS WILL APPLY TO THE EXTENT ALLOWED BY THE LAW OF THE
91 APPLICABLE JURISDICTION.
93 5. LIMITATION OF LIABILITY. TO THE EXTENT NOT PROHIBITED BY LAW, IN NO
94 EVENT SHALL PRIMATE LABS BE LIABLE FOR ANY INCIDENTAL, SPECIAL,
95 INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING DAMAGES FOR
96 LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION OR ANY OTHER
97 COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR
98 INABILITY TO USE THE APP, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF
99 LIABILITY (CONTRACT, TORT OR OTHERWISE) AND EVEN IF PRIMATE LABS HAS
100 BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ADDITION, IN NO
101 EVENT SHALL PRIMATE LABS’ TOTAL LIABILITY TO YOU FOR ALL DAMAGES
102 (OTHER THAN AS MAY BE REQUIRED BY APPLICABLE LAW IN CASES INVOLVING
103 PERSONAL INJURY) EXCEED THE AMOUNT OF FIFTY DOLLARS ($50.00). THE
104 FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS
105 OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS DO NOT ALLOW THE
106 LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR
107 CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU.
109 6. Export Compliance. You may not use or otherwise export or re-export
110 the App except as authorized by United States law and the laws of the
111 jurisdiction in which the App was obtained. In particular, but without
112 limitation, the App may not be exported or re-exported into any U.S.
113 embargoed countries or to anyone on the U.S. Treasury Department’s
114 list of Specially Designated Nationals or the U.S. Department of
115 Commerce Denied Person’s List or Entity List. By using the App, you
116 represent and warrant that you are not located in any such country or
117 on any such list. You also agree that you will not use the App for any
118 purposes prohibited by United States law, including, without
119 limitation, the development, design, manufacture or production of
120 nuclear, missiles, or chemical or biological weapons.
122 7. Government Users. The App and related documentation are “Commercial
123 Items”, as that term is defined at 48 C.F.R. §2.101, consisting of
124 “Commercial Computer Software” and “Commercial Computer Software
125 Documentation”, as such terms are used in 48 C.F.R. §12.212 or 48
126 C.F.R. §227.7202, as applicable. Consistent with 48 C.F.R. §12.212 or
127 48 C.F.R. §227.7202-1 through 227.7202-4, as applicable, the
128 Commercial Computer Software and Commercial Computer Software
129 Documentation are being licensed to U.S. Government end users (a) only
130 as Commercial Items and (b) with only those rights as are granted to
131 all other end users pursuant to the terms and conditions herein.
132 Unpublished rights are reserved under the copyright laws of the United
135 8. Indemnification. You hereby agree to indemnify, defend and hold
136 harmless Primate Labs from and against any and all liability and costs
137 (including, without limitation, attorneys’ fees and costs) incurred by
138 Primate Labs in connection with any actual or alleged claim arising
139 out of or in connection with: (a) your breach of the warranties in
140 Section 2 and/or Primate Labs’ use and exploitation of the Benchmark
141 Results (including automatic publication of the Benchmark Results if
142 you have not selected to turn off that feature); (b) any breach or
143 alleged breach by you of this EULA; (c) any breach or alleged breach
144 by you of a third party’ s rights, including, without limitation, any
145 intellectual property, privacy, confidentiality or publicity rights;
146 or (d) any actual or alleged violation or non-compliance by you with
147 any applicable law, rule or regulation.
149 9. Governing Law; Jurisdiction. The laws of the State of Oregon,
150 excluding its conflicts of law rules, govern this EULA and your use of
151 the App. The exclusive venue and jurisdiction for any and all
152 disputes, claims and controversies arising from or relating to this
153 EULA shall be the courts located in Oregon. You hereby party waive any
154 objection (on the grounds of lack of jurisdiction, forum non
155 conveniens or otherwise) to the exercise of such jurisdiction over it
156 by any such courts. The United Nations Convention on Contracts for the
157 International Sale of Goods will not apply to the interpretation or
158 enforcement of this EULA.