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Founded in 1997, Futuremark is the leading provider of PC performance information and Web services. Powered by an Internet-based engine, Futuremark is known for its cutting-edge benchmark products such as Video2000, 3DMark® 99 MAX, 3DMark®2000, 3DMark®2001 SE, 3DMark®03, PCMark™2002 and the latest addition, PCMark™04. For more information, please visit www.futuremark.com.
Futuremark Corporation, in strategic alliance with BAPCO, serves as the diffusion partner for SYSmark®2002 and as co-developer of WebMark2001. Futuremark has offices in Saratoga, California and Espoo, Finland. For more information, please visit www.futuremark.com.
PCMark™, 3DMark®, and Futuremark are trademarks or registered trademarks of Futuremark Corporation. All other brands and names are property of their respective owners.
License agreementPCMark™04 – END USER LICENSE AGREEMENT
All the rights and warranties covering PCMark™04 Software (hereafter referred to as "Software") are stated in this Agreement.
You should carefully read the following terms and conditions before using this Software. Unless You have a separate and valid license agreement signed by Futuremark Corporation (hereinafter referred to as the "Licensor") your use of this software indicates your acceptance of this license agreement and warranty.
This is a legally binding agreement between You (hereinafter “You” or the “End-user”) and Futuremark Corporation, domiciled in Espoo , Finland .
BY DOWNLOADING, INSTALLING OR STARTING TO USE PCMark™04 SOFTWARE YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, EITHER DELETE THE SOFTWARE FROM YOUR COMPUTER, OR RETURN THE DISK PACKAGE AND ACCOMPANYING ITEMS (including all material received) TO THE FIRM FROM WHICH YOU OBTAINED THEM, AND DELETE THE SOFTWARE FROM YOUR COMPUTER.
1 Definitions
Software is a testing software meant to be used for independent PC performance measurement and testing. Software is available in three versions with differing user rights:
“PCMark04” is a free version of the Software with limited functionality and no support.
“PCMark04 Professional” is a commercial version of the Software for private use with full functionality.
"PCMark04 Business" is a commercial version of the Software for commercial and business use with full functionality and with the right to publish results in other places than in Futuremark's web site.
"License". Right to use the Software under this Agreement is hereinafter referred to as "License".
"Registration Code" is a personal code needed for activating PCMark04 Professional or PCMark04 Business and provided to the End-user by Futuremark against payment of then current license fee.
2 Grant of License
2.1 General Terms
The Licensor grants You a permanent right to use one (1) copy of the Software. The Software may be used in any compatible computer, which is owned, leased or otherwise controlled by You, provided that the Software is used only in one computer at a time.
You hereby shall agree that all rights, including copyright and title to or interest in the Software, diskettes and other material are and shall remain with the Licensor. The Licensor owns this Software, and copyright laws, international treaty provisions, and all other applicable national laws protect it.
This agreement gives You a limited right of use only, which is revocable in accordance with this License Agreement. You agree that You will not assign, sublicense, transfer, pledge, lease, rent or share your rights under this License Agreement. You may not sell Your rights to a third party without prior written permission from the Licensor. In the case of such a sale You must pass all material received to the approved third party, and any backup copy in Your possession must be erased or otherwise destroyed.
This License is a single computer software license. You shall restrict the use of the Software on only a single personal computer or workstation, which is not used as a server.
For a single-user computer or a workstation that is not attached to a network, or to a network server, the Software is considered to be in use, when any portion of the Software is either loaded in memory or virtual memory, or stored on a hard disk or other storage device.
For a single-user computers or workstations attached to the network, the quantity of the Software copies in use is considered to be the maximum number of computers within the network on which the Software is either loaded or stored at any time.
If you need to use the Software in several computers by, for example, installing Software into a server, you must purchase separate license for each computer or negotiate a separate multi-user license agreement with the Licensor.
You must not install the Software to any manufacturing process control system or a system, which, when disturbed, could effect adversely any processes or activities.
2.2 Extension to Grant of License, Advertising and Trade Fair Usage
The following special terms of this section 2.2 apply only to PCMark04 Business License.
In addition to the rights granted under section 2.1 above, the right to use entitles the licensee of the PCMark04 Business License to
- use the Software for commercial demonstration of licensee or any third party products or other promotional purposes of licensee or any third party products,
- make any demonstration with the help of the Software in connection with advertisements, sales or marketing collateral, exhibitions, trade fairs, or other public sales promotion or similar events,
- use the Software as part of licensee's own product or third-party product reliability or performance testing
3 Restrictions
You are not allowed to modify or copy the Software except that You may make one copy solely for backup or archival purposes.
The Software may not be decompiled, disassembled or reverse engineered.
Unless otherwise expressly provided, You are not entitled to transfer the License or otherwise assign the Software to a third party. You may not rent or lease the Software.
Any reproductions of any portion of the Software by the End-User shall always include any proprietary and statutory copyright notices present in the original Software.
The Registration Code is strictly personal and should not be disclosed to a third party in any circumstances.
The Software is licensed for Your personal testing purposes only. The License does not grant You, except for PCMark04 Business License, rights to use Software for commercial purposes including, but not limited to, publishing performance scores obtained in any media or presentation by running the Software.
You are not allowed to establish an automated performance estimation system with the help of performance information obtained by running the Software, or using the Software for collecting an information database to be used for marketing or other business purposes to the general public or other companies.
4 Rights to the Software
All proprietary rights to the Software and the related materials belong to the Licensor, with the exception of:
- Virus scanning test uses F-Secure Anti-Virus technology from F-Secure Corporation. F-Secure Anti-Virus Copyright © 1993-2003 F-Secure Corporation, http://www.F-Secure.com/ . The anti-virus scanning engine used in the Software is built for the use in the Software only and this License does not give you the right to use the included F-Secure technology for any other purposes.
- DivX Video encoding test uses technology from DivXNetworks. DivX is a registered trademark of DivXNetworks, Inc. in the United States and other countries. All rights reserved. The DivX codec used in the Software is built for the use in the Software only and this License does not give you the right to use the included DivX technology for any other purposes.
- The JPEG Decoding test is based in part on the work of the Independent JPEG Group. Copyright (c) 1991-1998, Thomas G. Lane.
- The Physics and 3D test uses Havok physics engine © Copyright 1999-2003 Telekinesys Research Limited. All Rights Reserved. See www.havok.com for details.
The License does not give You any ownership or title to the Software or any related material.
All intellectual property rights associated with or arising from the Software including copyright, trade secrets, patents and trademarks belong and remain solely with the Licensor.
5 Term and Termination of the License
5.1. Term
Each Software license under this Agreement remains in effect perpetually, unless terminated under the provisions of this Agreement.5.2 Termination
Either party may terminate the License provided under this Agreement on fourteen (14) days written notice if the other party materially breaches any of its obligations, unless the breach is cured within the fourteen (14) day period following the notice. You have also the right to terminate the use of the Software at any point of time, without any specific or implied reason. However, You are not entitled to any money refund in any case.Upon termination, You shall cease all use of the Software, cease the transfer of any copies of the Software and cease the publication of benchmark test results You obtained by using the Software. In addition, you shall verifiably delete the Software and destroy all tangible copies of the Software and other materials related to the Software in Your possession or under your control, or, if downloaded or preloaded on Your hard disk or if provided as part of a collections, You shall cease the use of, and destroy any and all copies of the Software in your possession or under your control.
6 Customer Support
Customer support is not included in the PCMark04 License granted with this Agreement. Futuremark provides customer support via email to all of its PCMark04 Professional and PCMark04 Business License licensees. Futuremark may, at its sole discretion and at any time, stop providing customer support for licensees of the said versions after notifying such licensees via email.
7 The End-User's Feedback and disposal of results
If you wish, You may upload test results and other information (“Information”) that You get by running the Software to Futuremark's web site by using the upload function included with the software. Please note that uploading of the Information is voluntary, but it gives you the opportunity to use the Internet based services of Futuremark and also helps Futuremark to further develop the Software. Licensor shall not be liable for any loss of damage of any kind arising from collection or use of the Information
By sending the Information You assign the rights to the Information to the Licensor. The Licensor may include the Information in statistical or other type of reports it may generate and market. Additionally, the Licensor may create online services that it provides to other businesses, which are powered by the Information. However, an individual user will not be identified from these reports and services.
8 Invalid Clauses; Severability
If any provision of this Agreement or the application of any such provision would be invalid, void or unenforceable and/or should be held by a Court of competent jurisdiction to be contrary to law, the remaining provisions of this Agreement shall remain in full force and effect to the maximum extent permissible by the applicable law.
9 Applicable Law and Dispute Settlement
This Agreement is made, executed and delivered in Espoo , Finland and any controversy arising hereunder or relation to this Agreement shall be governed by and construed in accordance with the laws of Republic of Finland . The parties hereto hereby agree that the United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement and is strictly excluded in all proceedings.
All disputes arising in connection with this Agreement, its negotiations, performance, breach, existence or validity shall be determined by final arbitration in Helsinki , Finland , in accordance with the Arbitration Rules of International Chamber of Commerce or any successor or replacement legislation, which may be in force. The parties agree to be bound by the arbitrator's decision.
However, if the licensee is considered to have a status of a consumer, the Licensor might and is fully capable to choose another jurisdiction and forum such as forum of domicile of the licensee. In such a case the applicable law of the proceedings will be the national trade law or, when obligatory, the consumer legislation of the said forum. This might be especially applicable to those consumers residing in the European Union.
10 Usage of results and Trademarks
Only such test results output by the Software, that have been obtained with publicly available products (hardware and software, including drivers) can be published.
As regards PCMark04 Business License licensees, the Licensor hereby grants You the right to publish, except in any country where a third party claims during the term of this license that such publication infringes that party's proprietary rights, benchmark test results obtained by You from Your use of the Software, provided that with the publication of each result You:
I. Identify the Licensor, the name and the version number of the benchmark Software used and Futuremark Corporation as the source of the software (i.e., "PCMark™04 by Futuremark”);
II. State that the test was performed without independent verification by the Licensor, and that the Licensor makes no representations or warranties as to the result of the test;
III. Follow proper trademark usage and acknowledge the Licensor's trademark rights according to Licensor's Trademark policy (e.g. "Product X achieved Y PCMark04scores. PCMark is a trademark of Futuremark Corporation in the U.S. and other countries.")
IV. Identify the specific PCMark score(s) being reported (e.g., PCMark™04 Total Score of 3501, PCMark™04 CPU Score of 4256 and PCMark™04 Memory Score of 3239);
V. Identify the exact name, processor speed, type and caps, amount of L1 Cache and L2 Cache memory, number of logical and physical processors, amount and type of Physical Memory (RAM), of the PC used for the test;
VI. Identify the exact 3D accelerator manufacturer and brand name, 3D accelerator type, driver name, driver version, Direct X version, amount of video memory on card, bus type, monitor name and any other special conditions used in the graphics drivers to achieve the result. If a Hard Disk Drive (HDD) score is reported, identify the HDDs installed in the system, identify the manufacturer, model, RPM, cache, seek time, interface, current mode and also the best mode of the HDD(s) used in the test. Report also the HDD controller vendor, model and possible settings. Report any other configuration settings that might affect the score, like the RAID settings, if a RAID disk array was used in the test. Report also if the HDD(s) was not defragmented just prior to the test;
VII. Identify the settings in PCMark that have been used for the test. All the settings that have been changed from the default have to be reported;
VIII. Identify the operating system version, Build number, Direct X version, Bios version, Bios Date and any other special conditions used to achieve the test results;
IX. State that all products (hardware and software, including drivers) used in the test were shipping versions available to the general public
11 Distributing the Software
You may not distribute the Software or parts of it under any conditions without a specific written permission from the Licensor.
12 Disclaimer of Warranty; Limitation of Liability
THE SOFTWARE IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
FUTUREMARK HAS TESTED THE SOFTWARE EXTENSIVELY IN NUMBER OF DIFFERENT SETUPS, AND COMPUTER SYSTEMS AND ALSO TESTED IT AGAINST ANY KNOWN VIRUSES, BUT YOU ASSUME THE ENTIRE RISK AS TO THE RESULTS AND PERFORMANCE OF THE SOFTWARE. FUTUREMARK AND ITS AUTHORIZED DISTRIBUTORS ASSUME NO RESPONSIBILITY FOR THE ACCURACY OR APPLICATION OF OR ERRORS OR OMISSIONS IN THE SOFTWARE. IN NO EVENT SHALL FUTUREMARK OR ITS AUTHORIZED DISTRIBUTORS BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE THE SOFTWARE, EVEN IF FUTUREMARK OR ITS AUTHORIZED DISTRIBUTORS HAVE BEEN ADVISED OF THE LIKELIHOOD OF SUCH DAMAGES OCCURRING. FUTUREMARK AND ITS AUTHORIZED DISTRIBUTORS SHALL NOT BE LIABLE FOR ANY LOSS, DAMAGES OR COSTS, ARISING OUT OF, BUT NOT LIMITED TO, LOST PROFITS OR REVENUE, LOSS OF USE OF THE SOFTWARE OR THE MEDIA, LOSS OF DATA OR EQUIPMENT, THE COSTS OF RECOVERING THE SOFTWARE, THE MEDIA, DATA OR EQUIPMENT, THE COSTS OF RECOVERING THE SOFTWARE, THE MEDIA, DATA OR EQUIPMENT, THE COST OF SUBSTITUTE SOFTWARE, MEDIA, DATA OR EQUIPMENT OR CLAIMS BY THIRD PARTIES, OR OTHER SIMILAR COSTS.
SINCE LOCAL LEGISLATION IN SOME COUNTRIES DOES NOT ALLOW ANY EXCLUSION OR LIMITATION OF IMPLIED WARRANTIES OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES; THE ABOVE LIMITATIONS OR EXCLUSIONS MAY APPLY TO YOU ONLY PARTLY OR NOT AT ALL.
IN ANY EVENT, IF ANY STATUTE IMPLIES WARRANTIES OR CONDITIONS NOT STATED IN THIS LICENSE AGREEMENT, LICENSOR'S ENTIRE LIABLITY UNDER ANY PROVISION OF THIS LICENSE AGREEMENT SHALL BE LIMITED TO THE AMOUNT ACTUALLY PAID BY YOU TO LICENSE THE SOFTWARE.
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