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commit: fecd8a8ba1b39f83428e6b6556e04c8ddac5483a |
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Author: Conrad Kostecki <conrad <AT> kostecki <DOT> com> |
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AuthorDate: Fri Mar 23 23:02:15 2018 +0000 |
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Commit: Michał Górny <mgorny <AT> gentoo <DOT> org> |
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CommitDate: Sat Mar 24 08:56:34 2018 +0000 |
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URL: https://gitweb.gentoo.org/repo/gentoo.git/commit/?id=fecd8a8b |
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|
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licenses/geekbench: add license for app-benchmarks/geekbench |
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|
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Bug: https://bugs.gentoo.org/524652 |
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|
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licenses/geekbench | 158 +++++++++++++++++++++++++++++++++++++++++++++++++++++ |
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1 file changed, 158 insertions(+) |
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|
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diff --git a/licenses/geekbench b/licenses/geekbench |
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new file mode 100644 |
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index 00000000000..c274c9ea501 |
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--- /dev/null |
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+++ b/licenses/geekbench |
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@@ -0,0 +1,158 @@ |
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+End User License Agreement |
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+ |
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+ Geekbench |
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+ |
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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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+ |
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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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+ |
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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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+ |
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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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+ |
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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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+ |
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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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+ |
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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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+ |
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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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+ |
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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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+ |
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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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+ |
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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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+ |
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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. |