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Gentoo's Bugzilla – Attachment 520514 Details for
Bug 524652
app-benchmarks/geekbench: Cross-Platform Benchmark
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/usr/portage/licenses/geekbench
geekbench (text/plain), 10.32 KB, created by
Conrad Kostecki
on 2018-02-21 22:57:48 UTC
(
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Description:
/usr/portage/licenses/geekbench
Filename:
MIME Type:
Creator:
Conrad Kostecki
Created:
2018-02-21 22:57:48 UTC
Size:
10.32 KB
patch
obsolete
># File generated from the output of: ># elinks -dump http://www.primatelabs.com/legal/eula-v3.html ># For up-to-date version with html links, please check the URL > >End User License Agreement > > Geekbench > > The Geekbench software application (âAppâ) 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 > âYOUâ OR âYOURâ 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. (âPrimate Labsâ) 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 âBenchmark Resultsâ), > 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 âLicense Levelâ), 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 Labsâ 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 Labsâ website; and (c) > Geekbench ProLicense, 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 Labsâ 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 âAS ISâ AND âAS AVAILABLE.â > 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 LABSâ 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 Departmentâs > list of Specially Designated Nationals or the U.S. Department of > Commerce Denied Personâs 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 âCommercial > Itemsâ, as that term is defined at 48 C.F.R. §2.101, consisting of > âCommercial Computer Softwareâ and âCommercial Computer Software > Documentationâ, 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, attorneysâ 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 Labsâ 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 partyâ 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.
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bug 524652
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