END USER LICENSE AGREEMENT

1. ACCEPTANCE OF TERMS

By installing or using Novabench software (“Software”), you agree to be bound by this Agreement and our Terms of Service at https://novabench.com/legal. If you do not agree, do not install or use the Software.

2. DEFINITIONS

“Software” means the Novabench application and its components. “Subscription Terms” means the specific features, usage rights, and limitations associated with each subscription tier as described at the time of purchase. “Benchmark Results” means performance data generated by the Software.

3. LICENSE GRANT AND RESTRICTIONS

The Software is licensed, not sold, to you. The Software is available in both free and paid versions, with the following terms:

• The free version of the Software is for personal use only and includes basic functionality with limited technical support. Commercial use is not permitted with the free version.
• Paid versions require an active subscription and include additional features as specified in the Subscription Terms for each tier. These versions permit commercial use (depending on subscription tier) and include technical support and software updates for the duration of the subscription, as described by the Subscription Terms at the time of purchase.
• Users may upgrade from free to paid versions, or change subscription tiers, as permitted by the current Subscription Terms. Downgrading from a paid to free version may result in feature limitations and loss of access to paid features.
• Regardless of version, you may not redistribute, sell, rent, lease, or sublicense the Software. You may not reverse engineer, decompile, disassemble, modify, or create derivative works of the Software.

4. INTELLECTUAL PROPERTY

The Software, including but not limited to source code, graphics, data, and content, is owned by Licensor and protected by intellectual property laws. This Agreement does not grant you any rights to patents, copyrights, trade secrets, trademarks, or any other rights in respect to the Software.

5. BENCHMARK SUBMISSIONS

The Software provides the option to submit benchmark results to Novabench.com. This feature, and private or public submission, can be enabled or disabled through the Software interface. When you choose to submit results:

• Public submissions become part of our aggregate statistics and may be displayed publicly on our website
• Private submissions (when enabled, subject to subscription tier) are stored privately, are not displayed publicly, are not included in aggregate statistics, but allow you to compare your results to our database. Once private, results remain private
• No personally identifying information is included in submissions, subject to our Privacy Policy
• Submissions must be from authentic benchmarks without modification or manipulation
• We may remove results at our discretion
• Access to private profile features is subject to your subscription tier as described in the Subscription Terms

6. SOFTWARE VALIDATION AND UPDATES

The Software may automatically contact our servers for license validation and updates. We reserve the right to modify, update, or discontinue any Software features, with or without notice, subject to the Subscription Terms.

7. PRIVACY POLICY

Your privacy and data usage are governed by our Privacy Policy at https://novabench.com/privacy.

8. WARRANTY DISCLAIMER

THE SOFTWARE IS PROVIDED “AS IS“ WITHOUT WARRANTY OF ANY KIND. LICENSOR DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

9. LIABILITY LIMITATION

LICENSOR SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES.

10. TERMINATION

This license automatically terminates if you violate any terms. Upon termination, you must cease all use and destroy all copies of the Software.

11. MODIFICATIONS TO AGREEMENT

We reserve the right to modify this Agreement at any time. We will notify users of material changes through the Software interface or email. Your continued use of the Software after such notifications constitutes acceptance of the modified Agreement.

12. GOVERNING LAW

This Agreement is governed by the laws of Canada, excluding its conflicts of law rules.

13. CONTACT

Questions about this Agreement should be sent to support@novabench.com.