Unigine Heaven Benchmark Enterprise End-User License Agreement
Unigine LLCLast updated: November 24, 2021
Important - read carefully: This Unigine Heaven Benchmark Enterprise End-User License Agreement (hereinafter referred to as the “EULA“ or the “Agreement”) is a legal agreement sets the terms of use of the following software product: “Unigine Heaven Benchmark (Enterprise License)” (hereinafter referred to as the “Software product”) and is signed between you (any person, either an individual or a single entity, using this Software product (hereinafter referred to as the “Licensee”) and Unigine LLC, OGRN 1087017005140, 9bis rue Basse, 4963 Clemency, Luxembourg (hereinafter referred to as the “Unigine”).
1. General terms and conditions
1.1
By downloading the Software product from Unigine’s Web-Site, installing it on Licensee’s equipment on unlimited number of Seats, copying it only for the purposes of archiving and reserve copying or using it in any way according to this EULA, you express your full and conditional consent to all terms and conditions of this EULA.
1.2
The Software product is permitted to be used only under the terms and conditions of this EULA. If you do not accept the terms and conditions of this EULA in full, please do not use the Software Product for any purposes. The Software product is prohibited to be used in violation of any of the terms and conditions of this EULA.
1.3
When using the Software product, you agree that the information from Unigine’s Web-Site including https://benchmark.unigine.com/ about technical and functional characteristics of the Software product, user manual (documentation), prices and another terms and conditions regarding to the Software product, form an integral part of this EULA.
1.4
This EULA and all relations associated with the use of the Software Product shall be the subject to law of the Russian Federation, and any claims or actions arising out of this EULA shall be submitted to and reviewed by the courts in the Unigine’s location according to applicable procedural rules of the Russian Federation.
2. Terms and definitions
2.1
Software product – a special GPU stress-testing tool named as “Unigine Heaven Benchmark”, which is intended to be run and reproduced on hardware equipment. During this run GPU is stressed to determine the system’ reliability under graphics-intensive load.
2.2
Seat – an option to use of the Software product by a single user at a single moment of time on a workstation. According to this EULA Licensee has a right to use the Software product on unlimited number of Seats at the same time within Licensee’s organization or as an individual by himself.
2.3
Unigine’s Web-site – websites of the unigine.com domain, as well as other subdomains of the unigine.com domains.
3. Grant of License
3.1
Unigine grants you, and you accept the non-exclusive license to use the Software including following rights provided that you comply with all terms and conditions of this EULA (hereinafter referred to as the “License”):
- Installation and use. It is allowed to install, run and reproduce unlimited number of copies of the Software product on unlimited number of Seats, also for commercial purposes, within your company or as by yourself as an individual.
- Reserve copying. It is allowed to make copies of the Software product only for the purpose of archiving and reserve copying.
It is allowed to use the Software product in machine-readable, object code form only, as an installation package.
All rights not expressly granted to the Licensee by this EULA are reserved by UNIGINE.
3.2
Territory of use the Software product. Licensee may use the Software product in the country of Licensee’s location only.
3.3
License term. 20 years from the moment of License delivery after the moment of payment of the License fee.
4. License fee and payment according to this Agreement
4.1
The License is provided to the Licensee on a fee payment basis.
4.2
The amount of the License fee is determined by Unigine under Unigine’s prices as of the date of payment on the
Unigine’s Website.
4.3
Payment is made by means of transfer of 100% of the amount of the Licensee fee to Unigine using any payment service provider from the ones listed on the Unigine’s Website.
5. Limitations of use
6. Copyright
6.1
“Unigine” is the officially registered trademark of Unigine LLC.
6.2
The Software product cannot 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 Unigine on it.
7. Term of the Agreement
7.1
The Agreement is effective from the start date of the License term and shall remain valid until the expiration of the License term.
7.2
In case you breach any of the restrictions or other requirements regarding the use of the Software product, Unigine reserves the right to restrict your use of the Software product. Unigine may send a notification to the Licensee's address provided while creating a Personal account. If the breach is not cured within 5 (five) days upon sending such notification, the Agreement shall be deemed terminated, immediately upon sending such notification, and the Licensee shall immediately remove all copies of the Software product and desist from using it in any form whatsoever.
7.3
Unigine shall not be financially liable as well as it shall not be liable for any loss of profit or direct damages due to the termination of this Agreement and shall not refund any fees (either in part or in full) already paid for use of the product.
7.4
Unigine shall not be liable for any damages or expenses incurred due to the License term. Unigine shall not be liable for any damages or harm the Licensee as well as third parties have incurred or may incur due to misinterpretation of or a failure to understand the terms and conditions of this EULA and/or documentation governing the use of the Software product.
8. Third-Party Software
The Software product may include Third-Party Software components. If Third-Party Software has separate software license or attribution requirements, the license terms or other attribution requirements for Third-Party Software components can be found in Documentation. By entering into this Agreement and using Third-Party Software, you are accepting the terms of those licenses.
9. Disclaimer
9.1
THE SOFTWARE PRODUCT AND ITS DOCUMENTATION ARE LICENSED "AS IS", AND UNIGINE DISCLAIMS ANY AND ALL OTHER WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, TO THE EXTENT AUTHORIZED BY LAW. WITHOUT LIMITATION OF THE FOREGOING, UNIGINE EXPRESSLY DOES NOT WARRANT THAT THE SOFTWARE PRODUCT WILL MEET LICENSEE’S REQUIREMENTS NOT STATED IN THE DOCUMENTATION AND THIS AGREEMENT, OR THAT OPERATION OF THE SOFTWARE PRODUCT WILL BE UNINTERRUPTED OR ERROR-FREE, AS WELL AS THAT ALL ERRORS AND DEFECTS IN THE SOFTWARE PRODUCT WILL BE FIXED. LICENSEE ASSUMES RESPONSIBILITY FOR SELECTING THE SOFTWARE PRODUCT TO ACHIEVE LICENSEE’S INTENDED RESULTS, AND FOR THE RESULTS OBTAINED FROM USE OF THE SOFTWARE PRODUCT. LICENSEE SHALL BEAR THE ENTIRE RISK AS TO THE QUALITY AND THE PERFORMANCE OF THE SOFTWARE PRODUCT, UNLESS OTHERWISE PROVIDED HEREIN. In any case, under no circumstances whatsoever Unigine shall be liable to an extent exceeding the amount of the License fee actually paid to Unigine by the Licensee for the last 12 (twelve) months, capped by the extent of actual damage suffered by the Licensee.
9.2
By accepting this EULA Licensee shall be fully liable for validity and correctness of the data provided by Licensee, including the cases when a third party gains access to the Software product through your fault. Unigine shall not be liable whatsoever in case if a third party gains access to the Software product. You must take all necessary measures to prevent the disclosure of your account credentials (account credentials of your employees or third parties as stated in this section), as well as the use of the Software product by any third party.
10. Miscellaneous Provisions
10.1
Severability.
If any term or provision of this Agreement is declared void or unenforceable in a particular situation, by any judicial or administrative authority, this declaration shall not affect the validity or enforceability of the remaining terms and provisions hereof or the validity or enforceability of the offending term or provision in any other situation.
10.2
Names and headings.
The name of this Agreement as well as headings of sections and paragraphs contained herein are incorporated for reference purposes only and shall not affect the meaning or interpretation of this Agreement.
10.3
Amendments to the Agreement.
Unigine reserves the right to make amendments to this Agreement as it deems appropriate at any time. In case of any discrepancy between this Agreement and its current version, the current version shall always take precedence. The current version is always available to Licensees at Unigine’s Website. Unigine notifies Licensees of amendments to this Agreement or a date of their publication on the Unigine’s Website by an email sent to the Licensee’s address provided in the Personal account. By continuing to use Software product after receiving such notification, the Licensee accepts all terms and conditions of the current version of the Agreement.
10.4
Entire agreement.
This Agreement constitutes the complete and exclusive agreement between Licensee and Unigine concerning the subject matter hereof and supersedes all prior or contemporaneous oral or written communications, proposals, representations, understandings, or agreements not specifically incorporated herein.
10.5
Notifications.
All notifications under this Agreement, unless otherwise provided herein, can be sent by one party to another (1) by email a) to the address provided by the Licensee in the Personal Account, and b) from the Licensee’s address provided by the Licensee in the Personal Account to Unigine’s address specified in Preamble of this Agreement; 2) sending an electronic notification to the Licensee via the Personal Account; 3) by post or courier delivery with delivery confirmation.
