Superposition Benchmark End-User License Agreement

IMPORTANT - READ CAREFULLY: This End-User License Agreement ("EULA") is a legal agreement between you (either an individual or a single entity, hereinafter referred as to the "User") and UNIGINE HOLDING S.à r.l. (hereinafter referred as to the "Developer") for software product "Unigine Superposition Benchmark" (hereinafter referred as to the "Software Product"). If you are accepting the terms of this EULA on behalf of a legal entity, you represent and warrant that you have the authority to bind that legal entity to the terms of this Agreement, and, in such event, "you" and "your" will refer to that legal entity. Through downloading, installing, copying or using the Software Product you are expressing your consent to these EULA.

1. Editions

The Software Product is available in three editions: Basic, Advanced and Pro. Some terms are different for different editions, as marked in this EULA. Advanced and Pro editions can be unlocked after installation of Basic edition by entering a special license key.

2. Grant of License

Developer grants User the following rights provided that you comply with all terms and conditions of this EULA:

2.1. Installation and use. It is allowed to install and execute the executable form of the Software Product on unlimited number of computers (Basic edition only) or a single PC (Advanced and Pro editions).

2.1.1. Basic and Advanced editions can be used by private individuals who purchase a license with their own funds, and solely for their own use (Personal Use). Basic and Advanced editions are not to be purchased, refunded or in any way financed by companies.

2.1.2. Organizations and business entities can use only Pro version (Commercial Use). Pro licenses are purchased by a company and can be used by any person within this organization.

2.2. Reserve copying. It is allowed to make copies of the "Software product" only for the purpose of archiving and reserve copying.

3. Other Rights and Limitations

3.1. It is prohibited to open the technology and decompile, disassemble the "Software product" and its components.

3.2. This present EULA does not give the "User" any rights regarding any trademarks or names that belong to the "Developer" and also it does not give any rights on the "Software product" itself or its components except for those mentioned in this EULA.

3.3. It is prohibited to create any derivative works based on the "Software product", either commercial or not.

4. Copyright

4.1. All property rights and author's rights on the "Software product" and regarding it belong to the "Developer" and are protected by copyright acts and standards of international laws in the field of author's rights protection, and also other laws and provisions about protection of intellectual property.

4.2. The "Software product" can not be copied, sold, spread or used (either as a whole or by parts) in any other way that is not mentioned in this EULA without preliminary written consent of the "Developer" on it.

5. Consent to Data Collection

You acknowledge and agree that the Software Product may make Internet connections to:
 1. Check for updates;
 2. Provide anonymous usage statistics and
 3. Validate license keys in order to prevent unauthorized use.
For more details, please review the privacy policy at https://benchmark.unigine.com/policies/privacy

6. Refusal from Guaranties and Responsibility

6.1. THE SOFTWARE PRODUCT IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY
KIND. THE DEVELOPER AND ITS AUTHORIZED PARTNERS DISCLAIM ALL WARRANTIES
AND CONDITIONS, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY
IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE AND NONINFRINGEMENT, AND ANY WARRANTIES AND
CONDITIONS ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. NO ADVICE
OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM THE DEVELOPER
OR ELSEWHERE WILL CREATE ANY WARRANTY OR CONDITION NOT EXPRESSLY
STATED IN THIS AGREEMENT.

6.2. THE "DEVELOPER" REFUSES TO BE MATERIALLY RESPONSIBLE FOR ANY
SPECIFIC, OCCASIONAL, CIRCUMSTANTIAL OR RELATED DAMAGE (I.E. ALL, WITHOUT
EXCEPTION, KINDS OF LOSSES: NOT RECEIVED PROFIT, CREATION OF BUSINESS
OBSTACLES, DISCONTINUANCE OF ENTERPRISE'S ACTIVITY, LOSS OF IMPORTANT
INFORMATION OR ANY OTHER MATERIAL LOSS OR ANY OTHER LOSSES) THAT
APPEARED DUE TO USE OR IMPOSSIBILITY TO USE THIS "SOFTWARE PRODUCT" EVEN
IF THE "DEVELOPER" WAS NOTIFIED ABOUT THE POSSIBILITY OF THIS KIND OF
DAMAGE.

7. Termination

Without prejudice to any other rights, "Developer" may cancel this EULA if you do not abide by the terms and conditions of this EULA, in which case you must destroy all copies of the "Software Product" and all of its component parts.