3DMARK(tm) 99 MAX - S O F T W A R E L I C E N S E A G R E E M E N T
This is a legal agreement between You, the End-user, and Futuremark Corporation Ltd/Oy (hereinafter referred to as "the Licensor"), from the City of Espoo, Fin-land. BY DOWNLOADING, INSTALLING OR STARTING TO USE 3DMARK(tm)99 MAX SOFTWARE YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, RETURN THE UNOPENED DISK PACKAGE AND THE ACCOMPA-NYING ITEMS (including all material received) TO THE FIRM FROM WHICH YOU OBTAINED THEM FOR A FULL REFUND AND DELETE THE SOFTWARE. All the rights and warranties covering 3DMark(tm) 99 MAX Software (hereafter referred to as the "Software") are stated in this ag-ree-ment.
You should carefully read the following terms and conditions before using this Software. Unless You have a different license agreement signed by the Licensor Your use of this software indicates Your acceptance of this license agreement and warranty.
1 Definitions
3DMark(tm) 99 MAX is a testing software [hereafter referred as Software] that is meant to be used on independent 3D performance measurement and testing which has two versions with different user rights as follows:
3DMark(tm) 99 MAX is a free version of the Software with limited functionality.
3DMark(tm) 99 MAX Pro is a commercial version of the Software with full functionality.
If You have ordered and paid for registration code, You have the right to update Your Software license to Pro license. You can purchase Your personal registration code from www.3DMark.com.
2 Grant of License
The Licensor grants You a permanent right to use one copy of the Software. The Software may be used in any compatible computer which is own-ed, leased or other-wi-se cont-rolled by You, provided that the Software is used only in one compu-ter at a time. You hereby shall agree that all rights, including copyright and title to or interest in the Soft-ware, diskettes and other material are and shall remain with the Licensor. This Software is owned by the Licen-sor, and it is protec-ted by copy-right laws, international treaty provisions, and all other appli-cable national laws. This agree-ment only gives You a limited right of use, which is re-vo-ca-ble in ac-cordan-ce with this License Ag-ree-ment. You agree that You will not assign, subli-cen-se, trans-fer, pledge, lease, rent or share Your rights under this License Agreement. You may not sell Your rights to a Third Party without 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 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 workstation not attached to a network, or for a network server, the Software is considered 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 single-user computers or workstations attached to a 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.
You should not install the Software to any manufacturing process control system or a system which, as 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 except to the extent required to obtain interoperability with other independently created computer software or as permitted by compulsory law.
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.
Any reproductions of any portion of the Software by the End-User shall include any proprietary and statutory copyright notices present in the original Software.
The registration code is personal and should not be disclosed to a third party in any circumstances.
4 Rights to the Software
All proprietary rights to the Software and the related materials belong to Licensor, with the exception of MAX-FX(tm) Technology that belongs to Remedy Entertainment Oy. 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 to 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 Agreement party may terminate the license provided under this Agreement by reason of breach of a condition of that license by the other party provided the breach has not been remedied within 30 (thirty) days of receipt of written notice specifying the breach. 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 at 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 obtained by You from use of the Software. Further 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 collection, You shall cease 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 based on this agreement.
7 The End-Users Feedback and disposal of results
You may provide the Licensor with feedback or the test results that You get by running the Software. Please note that sending of the results or feedback information is voluntary, but it gives you opportunity to use Futuremark's internet based services and also would help us to develop the new version of the Software. Licensor 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 or 3DMark 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
In case one or more provisions of this Agreement are invalid, the validity of the remaining provisions of the Agreement shall not be affected thereby.
9 Applicable Law and Dispute Settlement
This Agreement shall be deemed to have been made, executed, and delivered in Toronto, Canada, and any controversy arising hereunder or relation to this Agreement shall be governed by and construed in accordance with the domestic laws of the Province of Ontario. The parties hereto hereby agree that the application of the United Nations Convention on Contracts for the International Sale of Goods to this Agreement does not apply and is strictly excluded. All disputes arising in connection with the present Agreement, its negotiation, performance, breach, existence or validity, shall be determined by arbitration in Toronto, Canada, in accordance with the International Commercial Arbitration Act (Ontario) or any successor or replacement legislation which may be in force.
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 You publish the results according to a certification agreement with Futuremark (details from www.3dmark.com) OR with the publication of each such result You:
I. Identify The Licensor, the name and version number of the benchmark Software used and www.3dmark.com as the source of the software (i.e., 3DMark(tm) 99 MAX Pro by Futuremark Corporation (www.3dmark.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 (e.g., "[ ] achieved X 3DMarks on 3DMark(tm) 99 Pro. 3DMark is a trademark of the Licensor in the U.S. and other countries.");
IV. Identify the specific 3DMark score(s) being reported and any features that were reported missing (eg, 3DMark Score of 3501, Missing features: Vertex Alpha Blending, Vertex & Texture Alpha Blending);
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 (e.g., XXX Computer Model YYY with Intel(R) Pentium II(R) 300MHz MMX, 32KB L1 Cache, 512KB L2 Cache and 128MB RAM);
VI Identify the exact 3D accelerator manufacturer and brand name, 3D accelerator type, driver name, driver version, DirectX version, amount of video memory on card, bus type, monitor name and any other special conditions used in the 3D Accelerator drivers to achieve the result; (e.g. Creative Blaster Voodoo2 12Mb, 3D Accelerator name: Voodoo2 3D Accelerator, Driver name: 3dfx32v2.dll, Driver version: 4.10.01.0158, DirectX Version: 4.06.00.0318, Total Video Memory On Card: 4096MB, PCI Bus, Panasonic P70 monitor, Vsync disabled from the drivers.)
VII. Identify the settings in the 3DMark that have been used for the test: Rendering Platform, Resolution, Color Depth, Z-Buffer, Frame Buffer, Refresh Rate, Texture Format. (e.g., 800*600, 16Bit Color, 16-Bit Z-Buffer, Frame Buffer: Triple Buffering, Refresh Rate: 60Hz, Texture Format: 16-Bit, 4444 RGBA)
VIII. Identify the operating system version, Build number, DirectX Version, Bios Version, Bios Date and any other special conditions used to achieve the result; (e.g., Windows 4 B, Build 1212, DirectX Version: 4.06.00.0318, Bios Version: Award Modular BIOS v4.51PG, Bios Date: 08/06/97)
IX. State that all products used in the test were shipping versions available to the general public; and
Notwithstanding the foregoing, if, and only if, You wish to publish the benchmark test results obtained by using the Software in advertisements, You may do so, provided that You:
1. Identify The Licensor, the name and version number of the benchmark Software used (i.e., 3DMark(tm) 99 MAX Pro by Futuremark Corporation);
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., "[ ] achieved X 3DMarks on 3DMark(tm) 99 MAX Pro. 3DMark is a trademark of the Licensor in the U.S. and other countries.");
4. Identify the specific 3DMark score(s) 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 fax 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 V. through IX above.
11 Distributing the Software
Provided that You verify that You are distributing the 3DMark(tm) 99 MAX i.e. unregistered version (select 'About' from the 3DMark Help menu to check), keep count on the number of distributed copies and upon request inform the Licensor about number of copies You have distributed You are hereby licensed to make as many copies of the unregistered version of this software as You wish; give exact copies of the original unregistered version to anyone; and distribute the unregistered version of the software and documentation in its unmodified form 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 with other products (commercial or otherwise) without prior written permission from the Licensor. 3DMark(tm) 99 MAX may be distributed on Magazine Cover CD's or web-site with the following conditions that the Licensor shall be informed about magazine cover distribution or web-site distribution prior to distribution and 3DMark logo should be visible in the magazine, CD or the web-site.
You may not distribute 3DMark(tm) 99 MAX Pro 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. THE ENTIRE RISK AS TO THE RESULTS AND PERFORMANCE OF THE SOFTWARE IS ASSUMED BY YOU. 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 COST OF SUBSTITUTE SOFTWARE, MEDIA, DATA OR EQUIPMENT OR CLAIMS BY THIRD PARTIES, OR OTHER SIMILAR COSTS.
SOME COUNTRIES DO NOT ALLOW EXCLUSION OR LIMITATION OF IMPLIED WARRANTIES OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES; SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.
