End-User License Agreement for Ziff Davis Media Benchmark Tools

Please read the following and click on "I ACCEPT THESE TERMS AND CONDITIONS" below to access the benchmark tools.

License Agreement

Copyright 2006 Lionbridge Technologies, Inc.  All Rights Reserved. 

PLEASE READ THIS AGREEMENT CAREFULLY.  TO USE THE PRODUCT, YOU MUST FIRST ACCEPT THE TERMS AND CONDITIONS OF THIS AGREEMENT BY CLICKING THE LINK MARKED "I ACCEPT THESE TERMS AND CONDITIONS."

As a condition to your license of any Ziff Davis Media Benchmark Software to be downloaded from the Ziff Davis Media ftp server, including all files (the “Product”), you acknowledge that such Product and its sequence, structure and organization are proprietary to ZIFF DAVIS MEDIA INC. (“ZIFF DAVIS”) and ZIFF DAVIS retains ownership of all intellectual property rights embodied in the Product. In no event shall the Product be copied, disclosed, made available to or used for the benefit of any third party; sold, assigned, leased or otherwise disposed of; or commercially exploited or marketed in any way, with or without charge, by you or any of your employees or agents.

The Product is protected by copyright and other intellectual property laws, and all intellectual property rights in the Product belong to ZIFF DAVIS.  You may not reproduce, reengineer, modify, disassemble, reengineer, publish, transmit, transfer, modify, create derivative works from, publicly display, or publicly perform the Product in any manner.  Copying or storing the Product other than as expressly permitted in is expressly prohibited unless you obtain prior written permission from Lionbridge or ZIFF DAVIS.

You are hereby granted the non-exclusive, non-transferable, non-sublicensable, revocable, limited right to use the Product but not granted any other right, implied or express, in or to the licensed Product. 

This agreement and all copyright notices may not be changed in any manner. 

You acknowledge that THE PRODUCT IS NOT SUPPORTED AND IS PROVIDED “AS IS” WITHOUT ANY WARRANTIES WHATSOEVER.  LIONBRIDGE AND ZIFF-DAVIS DISCLAIM ALL WARRANTIES WITH RESPECT TO THE PRODUCT, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT OF THIRD PARTY RIGHTS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS OF HOW LONG AN IMPLIED WARRANTY MAY LAST, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.

UNDER NO CIRCUMSTANCES SHALL LIONBRIDGE OR ZIFF DAVIS BE LIABLE FOR ANY CONSEQUENTIAL OR INCIDENTAL DAMAGES WHATSOEVER ARISING OUT OF THE USE OF THE PRODUCT OR INABILITY TO USE THE PRODUCT, INCLUDING WITHOUT LIMITATION, COMPUTER FAILURE, WORK STOPPAGE OR ANY OTHER DAMAGES, EVEN IF LIONBRIDGE OR ZIFF DAVIS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  BECAUSE SOME STATES AND COUNTRIES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

The United States controls the export of products and information.  You agree to comply with such restrictions and not to export or re-export the Product to countries or persons prohibited under the export control laws.  By downloading the Product, you are agreeing that you are not in a country where such export is prohibited or are a person or entity to which such export is prohibited. You are responsible for compliance with the laws of your local jurisdiction regarding the import, export or re-export of the Product.

If the Product is downloaded by or on behalf of the United States of America, its agencies and/or instrumentalities ("U.S. Government"), it is provided with Restricted Rights.  Use, duplication, or disclosure of the Product by the U.S. Government is subject to restrictions as set forth in subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer Software clause of DFARS 252-227-7013 or subparagraphs (c)(1) an d(2) of the Commercial Computer Software-Restricted Rights at 48 CFR 52.227-19, as applicable.

This agreement is governed by the laws of the Commonwealth of Massachusetts, United States of America.  If any provision of this agreement is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this agreement, which shall remain in full force and effect.  No waiver of any term of this agreement shall be deemed a further or continuing waiver of such term or any other term.  This agreement constitutes the entire agreement between you and the LIONBRIDGE with respect to this transaction.  Any changes to this agreement must be made in writing, signed by an authorized representative of LIONBRIDGE.

IF YOU DO NOT AGREE TO THE TERMS OF THIS LICENSE, IMMEDIATELY DELETE THE PRODUCT FROM YOUR COMPUTER SYSTEM.

This license agreement is valid until termination. You can terminate it at any time by deleting and removing the Product. Regardless of other rights, Lionbridge is allowed to terminate this license agreement if you violate the terms of this agreement. In that case, you will have to remove all copies of the Product and its components.

By clicking on the link below, you confirm that you fully agree with these terms.