PASSMARK For questions regarding the copyright, end-user license contact, multi-user licenses and site licenses, contact info@passmark.com SHAREWARE END-USER LICENSE AGREEMENT This End-User License Agreement ("EULA") is for the PassMark BurnInTest software. This PassMark End-User License Agreement ("EULA") is a legal agreement between you (either an individual or a legal entity) and PassMark Corporation for the PassMark software product identified above, which includes computer software and may include associated media, printed materials, and "online" or electronic documentation ("SOFTWARE PRODUCT"). By installing, copying, or otherwise using the SOFTWARE PRODUCT, 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 PRODUCT; 1. GRANT OF LICENSE. This EULA grants you the following rights: • A license is granted only after the payment of the license fee. • If no license fee has been paid the product can be used for evaluation purposes for a maximum period of 30 days. • After the application fee has been paid, you may install and use one copy of the SOFTWARE PRODUCT, or any prior version on a single computer, or on a single removable disk. The SOFTWARE PRODUCT must NOT be installed on a network where it could be used by more than a single computer. • The primary user of the computer on which the licensed SOFTWARE PRODUCT is installed may make a second copy for his or her exclusive use on a portable computer. 2. DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS. • Limitations on Reverse Engineering, Decompilation, and Disassembly. You may not reverse engineer, decompile, or disassemble the SOFTWARE PRODUCT. • The shareware version of the software may be freely distributed provided that no fee is charged and the product is distributed complete and intact. 3. COPYRIGHT. All title and copyrights in and to the SOFTWARE PRODUCT (including but not limited to any images, photographs, animations, video, audio, music, text, and "applets" incorporated into the SOFTWARE PRODUCT), the accompanying printed materials, and any copies of the SOFTWARE PRODUCT are owned by PassMark or its suppliers. The SOFTWARE PRODUCT is protected by copyright laws and international treaty provisions. Therefore, you must treat the SOFTWARE PRODUCT like any other copyrighted material except that you may install the licensed SOFTWARE PRODUCT on a single computer provided you keep the original solely for backup or archival purposes. LIMITED WARRANTY. PassMark warrants that (a) the licensed SOFTWARE PRODUCT will perform substantially in accordance with the accompanying written materials for a period of ninety (90) days from the date of receipt, and (b) any Support Services provided by PassMark shall be substantially as described in applicable written materials provided to you by PassMark, and PassMark support engineers will make commercially reasonable efforts to solve any problem issues. Some states and jurisdictions do not allow limitations on duration of an implied warranty, so the above limitation may not apply to you. To the extent allowed by applicable law, implied warranties on the SOFTWARE PRODUCT, if any, are limited to ninety (90) days. As no fee is charged for evaluation and beta copies no warranty is offered.
This Agreement constitutes the entire Agreement between the parties with respect to the subject matter herein and supersedes all previous and contemporaneous agreements, proposals and communications, written or oral between you and PassMark Software. Waiver by PassMark Software of any violation of any provision of this Agreement shall not be deemed to waive any further or future violation of the same or any other provision. This Agreement and any dispute relating to PerformanceTest or to this Agreement shall be governed by the laws of the state of New South Wales and the Commonwealth of Australia. You agree and consent that jurisdiction and proper venue for all claims, actions and proceedings of any kind relating to PassMark Software or the matters in this Agreement shall be exclusively in courts located in Sydney, Australia. If any part or provision of this Agreement is held to be unenforceable for any purpose, including but not limited to public policy grounds, then you agree that the remainder of the Agreement shall be fully enforceable as if the unenforceable part or provision never existed. There are no third party beneficiaries of any promises, obligations or representations made by PassMark Software herein.