Subject to your compliance with these terms and conditions, Tuxera Inc. (“we” or its derivatives) provides you with a copy of our A1 SD Bench mobile application (“Application”) as well as any updates and upgrades to the Application (if any) for your personal use. Any use of the Application must comply with this End User License Agreement (“EULA”). All other use of the Application is prohibited.
The Application may include open source components developed by third parties. Separate licensing terms may apply to those parts of the Application.
We reserve the right to modify this EULA at any time. The current version of this EULA is always available on this page, so please check back here regularly. Updates to this EULA are often but not always likely to coincide with the release of updates to the Application. By using the Application, you signify that you accept this EULA in the form it was available to you on this page at the time of use.
This EULA was last modified on December 11, 2017.
Subject to your compliance with this EULA, we grant you a personal, non-exclusive, non-transferable, and non-sublicensable right to install and use the Application (including any future versions of the Application we may release as updates) on your compatible device.
You receive no right to modify the Application or create derivative works of it. Except as may be provided by mandatory law, you may not reverse engineer, decompile, or disassemble the Application or attempt to alter, remove, or bypass any technical restrictions or limitations included in the Application.
We retain all rights and title to the Application and all derivative works. No implied rights are granted under this EULA.
You are not obligated to provide us any feedback on the Application (“Feedback”). However, if you do provide Feedback to us, you grant us a non-exclusive, transferable, sub-licensable, irrevocable, perpetual, worldwide, royalty-free, and fully paid-up license to exploit the Feedback for all purposes and applications in the manner, method, and media of our choice.
Please note that we accept no obligation to provide any updates (e.g. bug fixes) to the Application. However, we may release updates at our discretion. Where that is the case, we may discontinue support of previous versions of the Application at our discretion.
We have the right to terminate this EULA at any time, if you breach any of its terms and conditions in our reasonable opinion. Upon termination, your right to use the Application is revoked immediately.
THE APPLICATION IS PROVIDED TO YOU “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND. WE DO NOT GUARANTEE THAT INFORMATION PROVIDED BY THE APPLICATION IS ACCURATE OR COMPLETE OR THAT YOUR ABILITY TO USE THE APPLICATION WILL BE UNINTERRUPTED OR ERROR-FREE.
WE DISCLAIM ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED UNDER LAW, COURSE OF ACTION, OR OTHERWISE, RELATING TO THE APPLICATION, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR PURPOSE, AND NON-INFRINGEMENT.
WE EXCLUDE LIABILITY IN RESPECT OF ANY LOSS OR DAMAGE, WHETHER DIRECT, CONSEQUENTIAL, OR ANY OTHER KIND, THAT MAY ARISE UNDER THIS EULA OR FROM YOUR USE OF THE APPLICATION OR INABILITY TO USE THE APPLICATION. YOU AGREE THAT YOU USE THE APPLICATION AT YOUR OWN RISK.
SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR LIABILITIES. IN SUCH CASES, THE SCOPE OF WARRANTIES GIVEN BY US AND OUR LIABILITY UNDER THIS EULA CORRESPONDS TO THE MINIMUM PERMITTED BY THE LAWS OF THE JURISDICTION IN QUESTION.
This EULA comprises the entire agreement between us relating to your use of the Application. All prior communications and understandings, whether oral or written, between us relating to your use of the Application are superseded and replaced by the terms and conditions of this EULA.
If any part of this EULA is found unenforceable or invalid under applicable law, all other parts of this EULA remain fully enforceable and valid. Any unenforceable or invalid part will be interpreted in the way that best accomplishes its objectives within the limits of applicable laws.
We reserve the right to assign this EULA or any of our rights and obligations under it to any third party with or without your consent.
Any failure to demand performance of this EULA does not affect the subsequent enforceability of this EULA. Any express or implied waiver of a breach of this EULA does not constitute a waiver of any other or later breach of this EULA.
This EULA is governed by Finnish law, excluding its provisions on choice of laws.
You can reach us for more information on matters relating to this EULA at email@example.com.
Tuxera Inc.’s (“we” or its derivatives) A1 SD Bench mobile application (“Application”) is a tool designed to benchmark the internal or removable storage of your device running on the Android platform. The Application collects certain information about your device to run the benchmark and display its results to you. We collect and store this information and use it for the purposes specified in this policy, including research and development purposes.
We reserve the right to modify this policy at any time. The current version of this policy is always available on this page, so please check back here regularly. Updates to this policy are often but not always likely to coincide with the release of updates to the Application. By using the Application, you signify that you accept this policy in the form it was available to you on this page at the time of use.
This policy was last modified on December 11, 2017.
When you run a benchmark with the Application, we collect the following information:
We also collect the following information about your device to allow us to interpret the benchmark results:
We store the collected information for as long as it is relevant and necessary for the purposes defined in this policy. Information is stored on servers hosted by us or our service provider within the geographical area of the European Union (EU) or the European Economic Area (EEA). Industry standard security measures are applied to the servers.
We use the collected information for
The Application does not display ads, and the information collected from your device is not used to direct advertisements or other promotional messages to you.
We may choose to share the collected information with our affiliated companies or business partners on a confidential basis. We may also transfer the collected information in the context of a merger, acquisition, or other corporate restructuring.
In addition, we may choose to publish statistics or similar reports we generate based on the collected information in any format of our choosing, including white papers or statistics made publicly available over the internet or in other fashion.
You can reach us for more information on matters related to this policy at firstname.lastname@example.org.