About Futuremark Corporation

Founded in 1997, Futuremark Corporation is the leading provider of PC performance information and Web services. Powered by an Internet-based engine, Futuremark Corporation is known for its leading-edge benchmark products such as 3DMarkŪ 99 MAX, 3DMarkŪ 2000, Video2000, 3DMarkŪ2001, PCMark2002 and the latest addition 3DMarkŪ03. With a distribution list of over 30 million copies, 3DMark is the global standard for measuring 3D game performance of PC's. For more information, please visit www.futuremark.com.

Futuremark Corporation, in strategic alliance with BAPCo, serves as the diffusion partner for SYSmarkŪ2002 and as co-developer of MobileMark2002. Futuremark Corporation has offices in Saratoga and Helsinki. For more information, please visit www.futuremark.com.

3DMarkŪ, FuturemarkŪ, are trademarks or registered trademarks of Futuremark Corporation Inc., formerly MadOnion.com Inc. All brands and names are property of their respective owners.



License Agreement

3DMark03 - 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 rights and warranties covering 3DMarkŪ03 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 your use of this Software indicates your acceptance of this Agreement and warranty.

This is a legally binding agreement between You, the Licensee, and Futuremark Corporation (hereafter referred to as "Futuremark" or the "Licensor") domiciled in Espoo, Finland.

BY DOWNLOADING, INSTALLING OR STARTING TO USE THE 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 PACKAGE AND THE ACCOMPANYING ITEMS (INCLUDING ALL MATERIAL RECEIVED) TO THE COMPANY FROM WHICH YOU OBTAINED THEM FOR A POSSIBLE REFUND, EXCLUDING ANY SHIPPING, HANDLING AND STATUTORY COSTS, AND DELETE THE SOFTWARE FROM YOUR COMPUTER.

1 Definitions

Software is a testing program meant to be used for independent PC 3D performance measurement and testing. Software has three versions, all with different user rights:

"3DMarkŪ03" is a free version (hereinafter a license to 3DMarkŪ03 is referred to as the "Free License") of the Software with limited functionality. 3DMarkŪ03 is meant for private use only

In addition to the Free License, there are two types of commercial licenses:

"3DMarkŪ03 Pro" is a commercial version (hereinafter a license to 3DMarkŪ03 Pro is referred to as the "Pro License") of the Software with full functionality. 3DMarkŪ03 Pro is meant for private use only.

If you have ordered and paid for a Registration Code (as defined below), You have the right to update Your Free License to Pro License. You can purchase Your personal Registration Code from Futuremark.

"3DMarkŪ03 Corporate" is a commercial version (hereinafter a license to 3DMarkŪ03 Corporate is referred to as the "Corporate License") of the Software with full functionality and with the right to use the Software in business or official use as described in this Agreement.

"License". Right to use the Software under this Agreement is hereinafter referred to as "License".

"Registration Code" is a personal code needed for activating 3DMarkŪ03 Pro or 3DMarkŪ03 Corporate and provided to the user by Futuremark against payment of then current Pro License fee or Corporate License fee. The Corporate License includes a maximum of twenty (20) Registration Codes.

2. Scope of this Agreement

This Agreement covers all versions of the Software. If you need to use the Software in several computers by, for example, installing Software into a server, you must purchase the Corporate License. Each individual user of the Software under the Corporate License will be obliged to accept this Agreement before installing or using the Software.

3 Grant of License

3.1. General Terms

Futuremark grants You a right to use one (1) copy of the Software for as long as this Agreement is valid. 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, CD-ROMs, diskettes and other material are and shall remain with the Licensor. The Licensor owns the 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 Agreement. You agree, that You will not assign, sublicense, transfer, pledge, lease, rent or share Your rights under this 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.

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.

3.2. Extension to Grant of License, Advertising and Trade Fair Usage

The following special terms of this section 3.2 apply only to Corporate License.

The Corporate License entitles You to use the Software in a maximum of twenty (20) personal computers or workstations and one (1) server. You shall restrict the use of the Software on a maximum of twenty (20) personal computers or workstations, which are not used as a server, and for one (1) server enabling only downloading the Software into individual workstations.

In addition to the rights granted under section 3.1 above, the right to use entitles the Licensee of the Corporate 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 to the public 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

4 Restrictions

You are not allowed to modify or copy the Software, except that You may make one copy solely for backup or archival purposes. It is specifically prohibited to decompile, disassemble, or reverse engineer the Software.

With the exceptions specified in section 12, 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 or distribute the Software except as expressly provided in section 12.

The Registration Code is strictly personal and should not be disclosed to a third party under any circumstances. Each user under Corporate License is provided with own personal Registration Code.

The Software is licensed for Your personal testing purposes. Other licenses than the Corporate License do not grant You rights to use Software for commercial purposes including, but not limited to, product demonstrations or promotions, and product reliability and performance testing.

It is expressly prohibited to collect and publish or cause to be published any publicly accessible database of information obtained by the use of the Software. This prohibition is waived for independent press, who may publish a database of such information for purposes of reporting PC performances to their readership.

5 Rights to the Software

All proprietary rights to the Software and the related materials belong to the Licensor, with the exception of Havok Total Physics Engine that belongs to Havok, Dublin, Ireland, FMOD sound library that belongs to Firelight Technologies, Australia, and PowerStrip graphics card analysis software that belongs to Entech Taiwan. 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, without limitation, copyright, trade secrets, patents, and trademarks, belong to and remain solely with the Licensor.

6 Term and Termination of the License

6.1. Term
Each License under this Agreement remains in effect perpetually, unless terminated under the provisions of this Agreement.

6.2 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 delivery of the notice. You also have 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 information 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.

7 Customer Support

Customer support is not included in the Free License granted with this agreement. Pro License and Corporate License provide for basic email based customer support during 30 days from the date of purchase.

8 The Licensee's Feedback and disposal of results

If you wish, You may provide the Licensor with submission of the test results that You get by running the Software ("Feedback Information"). Please note that sending the Feedback Information is strictly voluntary, but it gives you the opportunity to use the Internet based services of Futuremark and also helps us to develop new versions of the Software. Futuremark shall not be liable for any loss or damage of any kind arising from collection or use of the Feedback Information.

By sending the Feedback Information, You assign all rights to the submitted Feedback Information to Futuremark. Futuremark may publish the results of the Feedback Information as part of research or in its web site. However, an individual user may not be identified in any such research or in Futuremark's web site without his/her express consent.

9 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.

10 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 the 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 Espoo, Finland, in accordance with Arbitration Rules of the Finnish Central 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.

11 Usage of results and Trademarks

Subject to other restrictions stipulated in this Agreement, Futuremark hereby grants You the right to publish, except in any country where a third party claims during the term of this Agreement that such publication infringes that party's proprietary rights, information ("Result") 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 as the source of the software (i.e., "3DMarkŪ03 Pro by FuturemarkŪ");

II. State that the test was performed without independent verification by Futuremark, and that Futuremark makes no representations or warranties as to the result of the test;

III. Follow proper trademark usage and acknowledge the Futuremark's trademark rights according to Futuremark's policy (e.g., "Product X achieved Y 3DMarksŪ on 3DMarkŪ03 Pro. 3DMarkŪ is a registered trademark of FuturemarkŪ Corporation");

IV. Identify the specific result(s) being reported. (e.g., "3DMarkŪ03 score of 4857, Vertex Shader test result 23.7 fps");

V. Identify the settings in 3DMarkŪ that have been used to obtain the Result;

VI. Identify the exact CPU name, type and speed, amount of L1 Cache and L2 Cache memory, number of processors, amount, type and speed of Physical Memory (RAM), the 3D accelerator manufacturer and brand name, 3D accelerator product and model name, 3D accelerator driver version, amount and type of video memory on display card, AGP bus type and speed, Operating System name, version and possible installed Service Packs, DirectXŪ version and any other special conditions or settings of the PC used for the test that could affect the 3DMarkŪ03 results, like increased 3D accelerator core and/or memory speed;

VII. State that all products used to obtain the Result were shipping versions available to the general public.

VIII. Upon request from Futuremark, submit a sample of the publication in which the Result was published.

12 Distributing the 3DMark03 Free License

You are hereby licensed to make and distribute as many copies of the Free License version of the Software as You wish subject to the following conditions:

1. You must notify Futuremark in writing before starting to distribute copies of the Software. The Software may be distributed only in unaltered copies. Futuremark may, at its sole discretion, prohibit distribution of Software by You.
2. You must keep count on the number of distributed copies and upon request inform Futuremark the number of copies You have distributed;
3. You must produce exact copies of the original Free License version; and
4. You only are allowed to distribute the Free License version and related documentation, if any, in its unmodified form via electronic means. You should always make sure that You distribute the newest version of the Software, within reasonable effort
5. You will place the official 3DMarkŪ03 logo visible in the place or publication where you distribute the Free License version of the Software

There is no charge for you for any of the above. However, you must bear all costs for any distribution you perform.

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.

You may not distribute the Pro License version or the Corporate License version of the Software under any conditions without a specific written permission from the Licensor.

13 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 SET-UPS 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, ITS OFFICERS, 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, ITS OFFICERS, 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, ITS OFFICERS, OR ITS AUTHORIZED DISTRIBUTORS HAVE BEEN ADVISED OF THE LIKELIHOOD OF SUCH DAMAGES OCCURRING. FUTUREMARK, ITS OFFICERS, 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 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.