licenses/geekbench: add license for app-benchmarks/geekbench

Bug: https://bugs.gentoo.org/524652

1 files changed, 158 insertions, 0 deletions

diff --git a/licenses/geekbench b/licenses/geekbench
new file mode 100644
index 000000000000..c274c9ea5011
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+++ b/licenses/geekbench
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+End User License Agreement
+
+    Geekbench
+
+   The Geekbench software application (“App”) that you are downloading is
+   licensed, not sold, to you for use only under the terms of this EULA. You
+   are agreeing to the provisions of this EULA by installing the App on your
+   mobile device and using it. IF YOU DO NOT AGREE WITH ALL OF THESE TERMS,
+   PLEASE UNINSTALL THE APP. IF YOU ARE ENTERING INTO THIS AGREEMENT ON
+   BEHALF OF A COMPANY OR OTHER LEGAL ENTITY, YOU REPRESENT THAT YOU HAVE THE
+   AUTHORITY TO BIND SUCH ENTITY TO THIS AGREEMENT, IN WHICH CASE THE TERMS
+   “YOU” OR “YOUR” SHALL REFER TO SUCH ENTITY AND ALL APPLICABLE USERS. IF
+   YOU DO NOT HAVE SUCH AUTHORITY, OR IF YOU DO NOT UNCONDITIONALLY AGREE TO
+   ALL OF THE TERMS OF THIS AGREEMENT, PLEASE UNINSTALL THE APP.
+
+    1. Scope of License. Primate Labs Inc. (“Primate Labs”) grants you a
+       limited, non-transferable, perpetual, revocable license for specific
+       named user(s) (set forth in the ordering process) to use the App on
+       devices that you own solely for personal testing and evaluation
+       purposes (i.e., to generate benchmark results “Benchmark Results”),
+       subject to the License Level (defined below) that you have selected.
+       Primate Labs reserves all other rights in the App. You may not under
+       any circumstances: (a) distribute or make the App available over a
+       network where it could be used by multiple devices at the same time;
+       (b) rent, lease, lend, sell, redistribute or sublicense the App; or
+       (c) copy (except as expressly permitted by this EULA), decompile,
+       reverse engineer, disassemble, attempt to derive the source code of,
+       modify, or create derivative works of the App (except to the extent
+       allowed by applicable law); The App is subject to the copyright and
+       other intellectual property rights of Primate Labs, and any violation
+       of this license is prohibited by law.
+
+       Primate Labs offers three (3) different license levels with different
+       functionalities (each a “License Level”), which may be selected upon
+       order: (a) Geekbench Trial is a free trial license for specific named
+       user(s) to use the App pursuant to the license scope above, which
+       includes automatic upload of Benchmark Results (defined below) to
+       Primate Labs’ website; (b) Geekbench License, a personal license for
+       one (1) specific named user to use the App pursuant to the license
+       scope above, solely for use with personally owned devices and not for
+       use in, by or on behalf of a business or company, which includes
+       additional functionality, including the ability to disable automatic
+       uploads of Benchmark Results to Primate Labs’ website; and (c)
+       Geekbench Pro License, a business license for specific named user(s)
+       to use the App pursuant to the license scope above in connection with
+       devices owned by a business or company. In each case, all licenses are
+       restricted to use by the named individuals identified to Primate Labs
+       at the time of order; you may change named users only with primate
+       labs prior permission.
+
+    2. Benchmark Data: You agree that Primate Labs may collect and use
+       technical data and related information, including but not limited to
+       technical information about your device, system and application
+       software, and peripherals, that is gathered periodically to facilitate
+       the provision of software updates, product support and other services
+       to you (if any) related to the App. Primate Labs may use this
+       information, as long as it is in a form that does not personally
+       identify you. Your use of the App will automatically result in the
+       publication of your Benchmark Results on Primate Labs’ website. The
+       Benchmark Results will not identify you but will identify, for
+       example, the make and model of the device you are testing and
+       evaluating with the App. Primate Labs shall have the right to use,
+       create derivative works of, distribute and otherwise exploit the
+       Benchmark Results.
+
+       You represent and warrant that (a) you have all rights necessary to
+       provide Primate Labs with the Benchmark Results, (b) you will not use
+       the App on any pre-release (i.e., not generally available to the
+       public) device or operating system unless you have the rights to
+       authorize publication of the Benchmark Results related to such
+       pre-release device or operating system as set forth in this Section 2,
+       and (c) that your use of the App does not and will not exceed the
+       license limitations for your applicable License Level.
+
+    3. Termination. The EULA is effective until terminated by you or Primate
+       Labs. You may terminate this EULA by uninstalling the App from your
+       device. This EULA will terminate automatically without notice if you
+       fail to comply with any of its provisions. Upon termination, you must
+       uninstall the App.
+
+    4. NO WARRANTY. PRIMATE LABS PROVIDES THE APP “AS IS” AND “AS AVAILABLE.”
+       PRIMATE LABS HEREBY DISCLAIMS ALL EXPRESS OR IMPLIED REPRESENTATIONS
+       AND WARRANTIES WITH RESPECT TO THE APP, INCLUDING THE IMPLIED
+       WARRANTIES OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR
+       A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND
+       NON-INFRINGEMENT. PRIMATE LABS DOES NOT WARRANT AGAINST INTERFERENCE
+       WITH YOUR ENJOYMENT OF THE APP, THAT THE APP WILL MEET YOUR
+       REQUIREMENTS, THAT THE OPERATION OF THE APP WILL BE UNINTERRUPTED OR
+       ERROR-FREE, OR THAT DEFECTS IN THE APP WILL BE CORRECTED. THESE
+       DISCLAIMERS WILL APPLY TO THE EXTENT ALLOWED BY THE LAW OF THE
+       APPLICABLE JURISDICTION.
+
+    5. LIMITATION OF LIABILITY. TO THE EXTENT NOT PROHIBITED BY LAW, IN NO
+       EVENT SHALL PRIMATE LABS BE LIABLE FOR ANY INCIDENTAL, SPECIAL,
+       INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING DAMAGES FOR
+       LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION OR ANY OTHER
+       COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR
+       INABILITY TO USE THE APP, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF
+       LIABILITY (CONTRACT, TORT OR OTHERWISE) AND EVEN IF PRIMATE LABS HAS
+       BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ADDITION, IN NO
+       EVENT SHALL PRIMATE LABS’ TOTAL LIABILITY TO YOU FOR ALL DAMAGES
+       (OTHER THAN AS MAY BE REQUIRED BY APPLICABLE LAW IN CASES INVOLVING
+       PERSONAL INJURY) EXCEED THE AMOUNT OF FIFTY DOLLARS ($50.00). THE
+       FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS
+       OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS DO NOT ALLOW THE
+       LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR
+       CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU.
+
+    6. Export Compliance. You may not use or otherwise export or re-export
+       the App except as authorized by United States law and the laws of the
+       jurisdiction in which the App was obtained. In particular, but without
+       limitation, the App may not be exported or re-exported into any U.S.
+       embargoed countries or to anyone on the U.S. Treasury Department’s
+       list of Specially Designated Nationals or the U.S. Department of
+       Commerce Denied Person’s List or Entity List. By using the App, you
+       represent and warrant that you are not located in any such country or
+       on any such list. You also agree that you will not use the App for any
+       purposes prohibited by United States law, including, without
+       limitation, the development, design, manufacture or production of
+       nuclear, missiles, or chemical or biological weapons.
+
+    7. Government Users. The App and related documentation are “Commercial
+       Items”, as that term is defined at 48 C.F.R. §2.101, consisting of
+       “Commercial Computer Software” and “Commercial Computer Software
+       Documentation”, as such terms are used in 48 C.F.R. §12.212 or 48
+       C.F.R. §227.7202, as applicable. Consistent with 48 C.F.R. §12.212 or
+       48 C.F.R. §227.7202-1 through 227.7202-4, as applicable, the
+       Commercial Computer Software and Commercial Computer Software
+       Documentation are being licensed to U.S. Government end users (a) only
+       as Commercial Items and (b) with only those rights as are granted to
+       all other end users pursuant to the terms and conditions herein.
+       Unpublished rights are reserved under the copyright laws of the United
+       States.
+
+    8. Indemnification. You hereby agree to indemnify, defend and hold
+       harmless Primate Labs from and against any and all liability and costs
+       (including, without limitation, attorneys’ fees and costs) incurred by
+       Primate Labs in connection with any actual or alleged claim arising
+       out of or in connection with: (a) your breach of the warranties in
+       Section 2 and/or Primate Labs’ use and exploitation of the Benchmark
+       Results (including automatic publication of the Benchmark Results if
+       you have not selected to turn off that feature); (b) any breach or
+       alleged breach by you of this EULA; (c) any breach or alleged breach
+       by you of a third party’ s rights, including, without limitation, any
+       intellectual property, privacy, confidentiality or publicity rights;
+       or (d) any actual or alleged violation or non-compliance by you with
+       any applicable law, rule or regulation.
+
+    9. Governing Law; Jurisdiction. The laws of the State of Oregon,
+       excluding its conflicts of law rules, govern this EULA and your use of
+       the App. The exclusive venue and jurisdiction for any and all
+       disputes, claims and controversies arising from or relating to this
+       EULA shall be the courts located in Oregon. You hereby party waive any
+       objection (on the grounds of lack of jurisdiction, forum non
+       conveniens or otherwise) to the exercise of such jurisdiction over it
+       by any such courts. The United Nations Convention on Contracts for the
+       International Sale of Goods will not apply to the interpretation or
+       enforcement of this EULA.