Puget Bench for Creators End-User License Agreement

Effective Date: November 9, 2023

IMPORTANT – READ CAREFULLY: This End-User License Agreement (“EULA”) is a legal agreement between you (either an individual or a single entity) and Puget Systems (“Company”) for the use of the PugetBench application benchmark software (“Software”). By installing, copying, or otherwise using the Software, you agree to be bound by the terms of this EULA. If you do not agree to the terms of this EULA, do not install or use the Software.

OWNERSHIP: Company retains all right, title, and interest in and to the Software, including all intellectual property rights. You acknowledge that you are only receiving a limited license to use the Software and that you will not acquire any ownership interest in the Software.

USE RESTRICTIONS: You may not modify, adapt, translate, reverse engineer, decompile, disassemble, or create derivative works based on the Software. You may not rent, lease, lend, or transfer the Software to any third party. You may not use the Software in any way that violates any applicable law or regulation or infringes on any third-party right.

PERFORMANCE METRICS AND SYSTEM SPECIFICATIONS: The Software is designed to log performance metrics and system specifications of the computer or device on which it is installed. By installing and using the Software, you acknowledge and agree that Company may collect, use, and store such data for the purpose of analyzing system performance and creating a public database of benchmark results.

DISCLAIMER OF WARRANTY: THE SOFTWARE IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. COMPANY DOES NOT WARRANT THAT THE SOFTWARE WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE.

LIMITATION OF LIABILITY: IN NO EVENT SHALL COMPANY BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING OUT OF OR RELATED TO THE USE OR INABILITY TO USE THE SOFTWARE, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL COMPANY’S LIABILITY EXCEED THE AMOUNT PAID BY YOU FOR THE SOFTWARE.

FREE LICENSE GRANT: The Free License allows You to use the Software, with limited functionality, as specified by Us. The Free License grants You the right to use the Software solely for personal, non-commercial purposes. The features available in the Free License are subject to change and may include limitations on automation capabilities and no option to refrain from uploading results to a public database.

PAID LICENSE GRANT: The Software is licensed, not sold. The Paid License grants you a non-exclusive, non-transferable license for a single user to install and use the Software on unlimited computers or devices for the sole purpose of benchmarking the performance of the computer or device. To access the Paid License, You are required to purchase a valid license or subscription from Us or our authorized resellers.

SITE LICENSE GRANT: The Software is licensed, not sold. The Site License grants you a non-exclusive, non-transferable license for a predefined number of users to install and use the Software on unlimited computers or devices for the sole purpose of benchmarking the performance of the computer or device. The Site License Subscription is based on a recurring subscription model and grants you ongoing access to the Software for the duration of the subscription period.

PRICING. The prices and availability of the Software may change at any time without notice to you. Prices remain valid while they are listed and offered on a Website. Prices will be as posted on a Website as of the date and time of your order, as applicable. Differences in price from time to time will not constitute a defect in or noncompliance of any product or service. Some products or services may not be available in certain areas. All prices quoted are payable in United States Dollars and, unless otherwise stated, do not include GST, PST, QST, HST or other applicable sales taxes.

TERMINATION: This EULA will terminate automatically if you fail to comply with any of its terms. Upon termination, you must immediately cease all use of the Software and destroy all copies of the Software in your possession.

GOVERNING LAW: This EULA shall be governed by and construed in accordance with the laws of the jurisdiction in which Company is located, without giving effect to any principles of conflicts of law.

ENTIRE AGREEMENT: This EULA constitutes the entire agreement between you and Company with respect to the use of the Software and supersedes all prior or contemporaneous communications and proposals, whether oral or written, between you and Company.

By installing and using the Software, you acknowledge that you have read this EULA, understand it, and agree to be bound by its terms and conditions