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