TROJAN HORSES MALICIOUS SOFTWARE FRAUDULENT ACTIVITIES MALWARE OR THE LIKE

Trojan horses malicious software fraudulent

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TROJAN HORSES, MALICIOUS SOFTWARE, FRAUDULENT ACTIVITIES, MALWARE OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR ONLINE SERVICES, THE APP OR BY ANY THIRD PARTY. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT 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 ONE DOLLAR ($1.00) OR THE AMOUNT YOU PAID FOR YOUR LICENSE LEVEL AS IT RELATES TO THE PARTICULAR APP IN QUESTION IN THE PREVIOUS YEAR, WHICHEVER IS GREATER. THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSIONS OF LIABILITY SET OUT ABOVE. IN SUCH CASES, THESE LIMITATIONS WILL NOT APPLY TO YOU BUT ONLY STRICTLY TO THE MINIMUM EXTENT THAT SUCH APPLICABLE LAWS LIMIT THEIR APPLICATION, AND THOSE PORTIONS THAT MAY, BY SUCH APPLICABLE LAW, APPLY, WILL SO APPLY TO THE MAXIMUM EXTENT SO PERMITTED. 16) Indemnification. You hereby agree to indemnify, defend and hold harmless Primate Labs from and against any and all liability and costs (including, without limitation, legal fees and related disbursements) incurred by Primate Labs in connection with any actual or alleged claim arising out of or in connection with: a) your breach of the representation and warranties in Sections 1) and 4) ; b) Primate Labs’ use and exploitation of the Benchmark Results (including automatic publication of the Benchmark Results) in accordance with this Agreement and the Privacy Policy referred to above; c) any breach or alleged breach by you of this EULA;
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d) any breach or alleged breach by you of any third party’s rights, including, without limitation, any intellectual property, privacy, confidentiality or publicity rights; or e) any actual or alleged violation or non-compliance by you with any applicable law, rule or regulation. 17) Accessibility. We support the Accessibility for Ontarians with Disabilities Act, 2005 (“ AODA ”). We recognize the importance of accessibility for persons with disabilities and are committed to the principles of accommodation outlined in the AODA and human rights principles. Additionally, our procedures relating to information and communications, and the design of public spaces for persons with disabilities (including the Online Services) are to be guided by the principles of dignity, independence, integration and an equality of access. 18) Export Compliance. You may not use or otherwise export or re-export the App except as authorized by applicable laws. You may not permit the App to be used by any person embargoed or subject to export restrictions that would limit their use as required by applicable laws. 19) Government Use. This paragraph applies if you are using the App on behalf of a government entity or public body. The App and all related documentation are commercial items under applicable law, including pursuant to 48 C.F.R. §2.101 and other applicable laws relating to government end use. You may only use the App in connection with a government entity or public body under a paid, commercial license (that is, a Geekbench Pro License), and by ordering the Geekbench Pro License you confirm that such entity or body accepts the terms of this EULA.
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