About MadOnion.com

Founded in 1997, MadOnion.com is the leading provider of PC performance information and Web services. Powered by an Internet-based engine, MadOnion.com is known for its cutting-edge benchmark products such as 3DMark® 99 MAX, 3DMark®2000, 3DMark®2001 SE, Video2000, and the latest addition, PCMark2002. For more information, please visit www.madonion.com.

MadOnion.com, in strategic alliance with BAPCo, serves as the diffusion partner for SYSmark®2001 and as co-developer of WebMark2001. MadOnion.com has offices in Saratoga, California and Helsinki, Finland. For more information, please visit www.madonion.com.

3DMark® and MadOnion.com™ are trademarks or registered trademarks of MadOnion.com Inc., formerly Futuremark Corporation, Ltd. MAX-FX Technology™ is a trademark of Remedy Entertainment, Ltd. All other brands and names are property of their respective owners.

License agreement

PCMark™2002 - S O F T W A R E  L I C E N C E  A G R E E M E N T

All the rights and warranties covering PCMark™2002 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 the Madonion.com Inc (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, the End-user and Madonion.com Inc. domiciled in Espoo, Finland.

BY DOWNLOADING, INSTALLING OR STARTING TO USE PCMark™2002 SOFTWARE YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT WITHIN THIRTY DAYS, EITHER DELETE THE SOFTWARE FROM YOUR COMPUTER, IF DOWNLOADED, OR RETURN THE DISK PACKAGE AND THE ACCOMPANYING ITEMS (including all material received) TO THE FIRM FROM WHICH YOU OBTAINED THEM FOR A FULL REFUND, EXCLUDING ANY SHIPPING, HANDLING AND STATUTORY COSTS, AND DELETE THE SOFTWARE FROM YOUR COMPUTER.

1 Definitions

PCMark™2002, "Software", is a testing software meant to be used for independent PC performance measurement and testing. Software has four versions, all with different user rights:

"PCMark2002" is a free version of the Software with limited functionality.

"PCMark2002 Registered version" (Reg) is a commercial version of the Software with limited functionality but some additional features.

"PCMark2002 Pro" (Pro) is a commercial version of the Software with full functionality. If you have ordered and paid for a registration code, You have the right to update Your Software license to a Pro or Reg license. You can purchase Your personal registration code from MadOnion.com.

"PCMark2002 Site" is a commercial version of the Software with full functionalities and with the right to use Software in more than one computer or workstation inside one premise of the user company.

2 Grant of License

Except for the "Site License", 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.

Except for the "Site License" this Software is a single computer software license. You shall restrict the use of the Licensed 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 in use is considered to be the maximum number of network stations 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 multiple licenses or the earlier described Site License. All other licenses are limited to use of a single-user computer or a workstation.

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.

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.

With the exceptions specified in section 11, You are not entitled to transfer the license or otherwise assign the Software to a third party or allow someone else to use it. 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. The License does not grant You rights to use Software for commercial purposes including, but not limited to, an automated performance estimation system, 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 MAX-FX ™ Technology that belongs to Remedy Entertainment Oy, Espoo, Finland, and the JPEG Decoding test is based in part on the work of the Independent JPEG Group. Copyright (c) 1991-1998, Thomas G. Lane. 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 fourtheen (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

The customer support is not included in the license granted with this agreement.

7 The End-User's Feedback and disposal of results

If you wish, You may provide the Licensor with feedback of If you wish, You may provide the Licensor with feedback of the test results that You get by running the Software. Please note that sending the results or feedback information is strictly voluntary, but it gives you the opportunity to use the internet based services of Madonion.com and would also help us to develop the new version of the Software. Licensor shall not be liable for any loss of damage of any kind arising from collection or use of the Feedback Information.

By sending the Feedback Information or PCMark results You assign the rights to the submitted information to the Licensor. The Licensor may publish the results of the Feedback Information research. However, an individual user may not be identified from the Feedback Information to be published.

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 Saratoga, California, United States and any controversy arising hereunder or relation to this Agreement shall be governed by and construed in accordance with the laws of the State of California, USA. 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 San Jose, California, in accordance with American Arbitration Associations International Arbitration Rules 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

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 MadOnion.com as the source of the software (i.e., "PCMark™2002 Pro by MadOnion.com™);

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 the CPU Score Y on PCMark™2002 Pro. PCMark is a trademark of MadOnion.com Inc in the U.S. and other countries.")

IV. Identify the specific PCMark score(s) being reported (e.g., PCMark™2002 CPU Score of 3501, PCMark™2002 Memory Score of 4256 and PCMark™2002 HDD Score of 239);

V. Identify the exact name, processor speed, type and caps, amount of L1 Cache and L2 Cache memory, number of processors, amount of Total 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 defragmented just prior to the test. If a Battery test score is reported, identify the laptop vendor, model, year, battery specifications and possible additional batteries (like power battery in the CD-ROM bay) that were used in the test. List also possible power saving features active during the test. If a Video test result is reported, identify the ASF encoder, ASF decoder and DVD software components installed in the system, hardware accelerated video features and any other system settings and components that might affect the score;

VII. Identify the settings in PCMark that have been used for the test: Test repeat count and possible battery test settings;

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 used in the test were shipping versions available to the general public; and

Not withstanding the foregoing, if and only if, You wish to publish the benchmark test results obtained by using the Software in advertisements or any commercial publication including, but not limited to, sales collateral and an internet service, You may do so, provided that You:

1. Identify the Licensor, the name and the version number of the benchmark Software used (i.e. PCMark™2002 Pro by MadOnion.com™);

2. 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;

3. Follow proper trademark usage and acknowledge the Licensor's trademark rights (e.g. "Product X achieved the CPU Score Y on PCMark™2002 Pro. PCMark is a trademark of MadOnion.com Inc in the U.S. and other countries.")

4. Identify the specific PCMark™2002 results being reported; and

5. Include a statement in the advertisement that a description of the environment under which the test was performed is available upon request and You shall provide a Telefax number, telephone number, e-mail address or URL on the world wide web where such information may be obtained. Upon such request, You shall provide the information required under paragraphs IV. through IX above.

11 Distributing the Software

Provided that You verify that You are distributing the Free License version, You are hereby licensed to make as many copies of the Free License version of the Software as You wish; You must keep count on the number of distributed copies and upon request inform the Licensor about number of copies You have distributed, give exact copies of the original unregistered version to anyone; and distribute the Free License version of the software and documentation in its unmodified from via electronic means. You should always make sure that You distribute the newest version of the software, within reasonable effort. There is no charge for any of the above.

You are specifically prohibited from charging, or requesting donations, for any such copies, however made; and from distributing the Software and/or documentation bundled with other products (commercial or otherwise) without prior written permission form the Licensor.

Free License version may be distributed on Magazine Cover CDs or web sites with the following conditions: You shall keep the Licensor informed about magazine cover distribution or web site distribution prior to distribution and official PCMark™2002 logo shall be visible in the magazine, CD or the web site.

You may not distribute PCMark™2002 Reg, Pro or Site 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.

MADONION.COM 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. MADONION.COM AND ITS AUTHORIZED DISTRIBUTORS ASSUME NO RESPONSIBILITY FOR THE ACCURACY OR APPLICATION OF OR ERRORS OR OMISSIONS IN THE SOFTWARE. IN NO EVENT SHALL MADONION.COM 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 MADONION.COM OR ITS AUTHORIZED DISTRIBUTORS HAVE BEEN ADVISED OF THE LIKELIHOOD OF SUCH DAMAGES OCCURRING. MADONIN.COM 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. SOFTWARE.