THIS END USER LICENSE AGREEMENT IS A LEGAL AGREEMENT BETWEEN FUTUREMARK CORPORATION AND YOU (EITHER AN INDIVIDUAL OR, IF PURCHASED OR OTHERWISE ACQUIRED BY OR FOR AN ENTITY, AN ENTITY).

FUTUREMARK CORPORATION OWNS ALL INTELLECTUAL PROPERTY RIGHTS IN THE 3DMark®06 SOFTWARE AND PERMITS YOU TO USE THE 3DMark®06 SOFTWARE ONLY IN ACCORDANCE WITH THE TERMS OF THIS AGREEMENT.

PLEASE READ THIS AGREEMENT CAREFULLY BEFORE ACCESSING THE SOFTWARE MEDIA, INSTALLING, STARTING OR OTHERWISE USING THE SOFTWARE. ANY OF THE ABOVE ACTIONS INDICATE THAT YOU HAVE READ ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT, UNDERSTAND THEM, AND AGREE TO BE LEGALLY BOUND TO THOSE TERMS AND CONDITIONS.

SHOULD YOU NOT ACCEPT THE TERMS AND CONDITIONS OF THIS AGREEMENT, THEN DO NOT DOWNLOAD, INSTALL, START OR OTHERWISE USE THE SOFTWARE. RETURN THE MEDIA PACKAGE AND ACCOMPANYING ITEMS TO THE COMPANY FROM WHICH YOU OBTAINED THEM AND DELETE ALL POSSIBLE COPIES AND INSTALLATIONS OF THE SOFTWARE FROM YOUR DEVICE.

YOU UNDERSTAND THAT, IF YOU PURCHASED THE SOFTWARE FROM AN AUTHORIZED RESELLER OF FUTUREMARK, THAT RESELLER IS NOT FUTUREMARK'S AGENT AND IS NOT AUTHORIZED TO MAKE ANY REPRESENTATIONS, CONDITIONS OR WARRANTIES, STATUTORY OR OTHERWISE, ON FUTUREMARK'S BEHALF NOR TO VARY ANY OF THE TERMS OR CONDITIONS OF THIS AGREEMENT.

1 Definitions

1.1 "Agreement" shall mean this 3DMark®06 End User License Agreement.

1.2 "Futuremark" shall mean Futuremark Corporation, Kappelitie 6, 02200 Espoo, Finland, and its licensors, if any.

1.3 "End User" shall mean an individual or an entity that has purchased or agreed to purchase License for Software granted by Futuremark for its internal purposes only.

1.4 "Intellectual Property Rights" mean any and all intellectual property rights including but not limited to patents, copyrights, trademarks, trade secrets, know how, registrations, applications, and rights to apply therefore, whether issued or pending and whether registerable or not.

1.5 "License" shall mean the right to use the Software under this Agreement.

1.6 "Licensee" shall mean You.

1.7 "Party" or "Parties" shall refer to the parties of this Agreement.

1.8 "Registration Code" is a personal code needed for activating any version of 3DMark06 and provided to the End User by Futuremark against payment of the current license fee.

1.9 "Software" shall mean the 3DMark06 software, which is a testing software to be used for independent PC performance measurement and testing. Software is available in three versions with differing user rights:

a) "3DMark06 Basic" is a commercial edition of the Software only for private use and with limited functionality.

b) "3DMark06 Advanced" is a commercial edition of the Software only for private use and with certain additional functionality.

c) "3DMark06 Professional" is a commercial edition of the Software only for commercial and business use with full functionality and the right to publish results achieved using the Software in other places than in Futuremark's online service.

1.10 "Use" or "using" means to access, download, install, copy, load, run and operate the Software solely in accordance with the documentation.

2 Grant of License

2.1 Subject to the terms and conditions of this Agreement and Futuremark's Software documentation, Futuremark hereby grants Licensee, during the validity of this Agreement, a world-wide, non-transferable, non-exclusive, revocable right and license, without the right to sub-license, to use the Software. The Software may be used in any compatible personal computer, which is owned, leased or otherwise controlled by Licensee, provided that the Software is used only in one computer at a time.

2.2 Licensee may make one back-up copy of the Software in machine executable code form, only to be used in the event that the original copy of the Software fails to function, is lost, damaged or destroyed. Licensee warrants that it will make no other copies of the Software and will not allow, authorize or assist others to copy any part or all of the Software in any form without the prior written approval of Futuremark.

2.3 This License gives Licensee only limited license to use the Software. Any other use of the Software in deviation to this Agreement is expressly forbidden. These rights and license are temporary and valid only for as long as this Agreement is in force and Licensee operates under the terms and conditions of this Agreement.

2.4 Futuremark owns and solely retains all rights, title and interest including but not limited to all Intellectual Property Rights to the Software, new versions, upgrades, updates, modifications, enhancements or copies thereof and all related documentation. All rights, titles and interest shall at all times remain solely the property of Futuremark. Futuremark will also retain all rights in and to the results of any possible work performed by Futuremark under this Agreement.

2.5 This Agreement shall not be deemed to result in the sale, transfer or any other conveyance of patents, trademarks, copyrights, or any other Intellectual Property Right of whatsoever nature held or used by Futuremark to Licensee.

3 EXTENSION TO GRANT OF LICENSE, ADVERTISING AND TRADE FAIR USAGE

3.1 The following special terms of this section 3 shall apply only to 3DMark06 Professional Licenses.

3.2 In addition to the rights granted under section 2 above, the right to use entitles the Licensee of the 3DMark06 Professional License to:

a) use the Software for commercial demonstration purposes of Licensee products or any third party products or other promotional purposes of Licensee,

b) make any demonstration with the help of the Software in connection with advertisements, sales or marketing collateral, exhibitions, trade fairs, or other public sales promotion or similar events,

c) use the Software as part of Licensee's own product or third-party product testing.

4 USAGE OF RESULTS AND TRADEMARKS

4.1 Only such test result output generated by the Software, that have been obtained with publicly available products (hardware and software, including drivers) may be published.

4.2 Regarding Licensees of 3DMark06 Professional License, Futuremark hereby grants Licensee, during the validity of this Agreement, the right to disclose or publish (except in respect of any country or area where such disclosure or publication should infringe any third party's proprietary rights during the term of this Agreement) benchmark test results obtained by Licensee from Licensee's use of the Software, provided that with the publication of each result Licensee:

a) identifies Futuremark, the name and the version number of the benchmark Software used and Futuremark Corporation as the source and provider of the Software (i.e., "3DMark®06 by Futuremark"),

b) states that the test was performed without independent verification by Futuremark, and that Futuremark makes no representations or warranties as to the result of the test,

c) follows proper trademark usage and acknowledge Futuremark's trademark rights according to Futuremark's applicable trademark policy (e.g. "Product X achieved Y 3DMark®06 scores. 3DMark is a registered trademark of Futuremark in the U.S. and other countries"),

d) identifies the specific 3DMark® score(s) being reported (e.g., 3DMark®06 Total Score of 5000),

e) Identifies the settings in 3DMark® that have been used to obtain the Result,

f) Identifies the exact CPU name, speed and type, amount of L1 Cache and L2 Cache memory, number of processors, the exact 3D accelerator manufacturer and brand name, 3D accelerator type, driver name, driver version, amount of video memory on display card, bus type, DirectX® version, amount of total system memory (RAM), and any other special conditions or settings of the personal computer used for the test,

Notwithstanding anything contrary contained above, You are allowed to use the Software for above-mentioned demonstration, promotional and other commercial purposes, only if the Software is run and Results obtained using drivers that fulfill requirements of Futuremark Optimization Guidelines. Updated Optimization Guidelines and list of drivers verified by Futuremark can be found on Futuremark's website at www.futuremark.com.

5 LICENSE RESTRICTIONS

5.1 The Licensee shall neither cause nor permit any reverse engineering, disassembling, decompilation, translation, modification, adaptation of the Software or extraction of any part of the Software or otherwise attempt to learn the inner workings, source code, structure, algorithms, artwork or ideas underlying in the Software. Licensee is expressly prohibited from adapting, modifying, revising, improving, upgrading, enhancing and creating derivative works of the Software for any purpose including error correction or any other type of maintenance, except as expressly allowed in the documentation of 3DMark06.

5.2 Licensee warrants that it will not sell, license, lease, rent, loan, lend, transmit, network, or otherwise distribute or transfer the Software in any manner to any third party.

5.3 To use the Software from a network server computer or in several personal computers, Licensee must purchase separate License for each computer.

5.4 Any reproductions of any portion of the Software by the Licensee shall always include any proprietary and statutory copyright notices present in the original Software.

5.5 The Registration Code is strictly personal and should not be disclosed to a third party in any circumstances.

5.6 Licensee is not entitled to use the Software in any manufacturing process under this Agreement.

5.7 Licensee is not allowed to use the Software for collecting an information database to be used for marketing or other business purposes to the general public or other companies.

6 RIGHTS TO THE SOFTWARE

6.1 Any and all proprietary and Intellectual Property Rights associated with or arising from the Software and the related materials belong and remain solely with Futuremark, with the exception of:

PowerStrip graphics card analysis software that belongs to Entech Taiwan.

AGEIA™ PhysX™ physics libraries belongs to AGEIA™.

OpenAL sound libraries belongs to OpenAL.org

6.2 The License shall not give the Licensee any ownership or title to the Software or any related material.

7 CUSTOMER SUPPORT

7.1 Customer support is not included in the 3DMark06 License granted with this Agreement. Futuremark provides customer support via email to all of its 3DMark06 Advanced and 3DMark06 Professional Licensees. Futuremark may, at its sole discretion and at any time, stop providing customer support for Licensees of the said versions after notifying such Licensees via email.

7.2 This Agreement does not grant Licensee rights to any improvements, modifications, enhancements, updates, upgrades, or patches to the Software. However, Futuremark may at its own discretion provide such enhancements, updates, upgrades or patches to its licensees with or without charge.

8 END-USER'S FEEDBACK AND DISPOSAL OF RESULTS

8.1 Licensee may upload test results and other information (hereinafter "Information") to Futuremark's web site by running the Software and using the upload function included with the Software. Licensee acknowledges that (a) uploading of the Information is voluntary, but gives the opportunity to use the online services of Futuremark and also helps Futuremark to further develop the Software and (b) Futuremark shall not be liable for any costs, expenses, demands, claims, loss of data or damage of any kind arising from uploading, collection or use of the Information.

8.2 By sending the Information Licensee assigns the rights to the Information to Futuremark. Futuremark may include the Information in statistical or other type of reports it may generate, disclose, publish and market. Additionally, Futuremark may use, incorporate and include Information by creating online services to be provided by Futuremark to other parties. However, an individual user will not be identified from these reports or services.

9 DISTRIBUTING THE 3DMARK06 FREE LICENSE

Futuremark may, at its sole discretion, grant You a separate distribution license for 3DMark06. If Futuremark has issued You a separate license for freeware distribution of the Software, You may then make and distribute as many copies of 3DMark06 (free version of the Software) subject to the following conditions:

1. You must notify Futuremark in writing before starting to distribute any copies of the Software. The Software may be distributed only in unaltered copies. Futuremark may, at its sole discretion, prohibit distribution of Software by You.

2. You must keep proper count and records on the number of distributed copies and upon request inform Futuremark the numbers of copies of the Software You have distributed;

3. You must produce exact copies of the original Software;

4. You only are allowed to distribute the Software and related documentation, if any, in its unmodified form via electronic means. You should always make sure that You distribute the newest version of the Software, within reasonable effort; and

5. You will place the official 3DMark®06 logo visible in the place, media or publication where you distribute the Software.

There is no charge for You for any of the above. However, You must bear all costs and expenses for any distribution You may perform. Nothing in this section 9 shall authorize You in any way (a) to act or operate in behalf of Futuremark, (b) to make any representations, conditions or warranties on Futuremark’s behalf or (c) to vary any of the terms or conditions of this Agreement or any license granted by Futuremark.

10 DISCLAIMER OF WARRANTY AND LIMITATIONS OF LIABILITY

10.1 THE SOFTWARE IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

10.2 FUTUREMARK HAS TESTED THE SOFTWARE EXTENSIVELY IN NUMBER OF DIFFERENT SETUPS AND PERSONAL COMPUTERS AND ALSO TESTED IT AGAINST ANY KNOWN VIRUSES, BUT YOU ASSUME THE ENTIRE RISK AS TO THE USAGE, RESULTS AND PERFORMANCE OF THE SOFTWARE. FUTUREMARK AND ITS AUTHORIZED DISTRIBUTORS ASSUME NO RESPONSIBILITY FOR THE ACCURACY OR APPLICATION OF OR ERRORS OR OMISSIONS IN THE SOFTWARE.

10.3 LICENSEE ACKNOWLEDGES THAT FUTUREMARK HAS NO CONTROL OVER LICENSEE'S USE OR EXPLOITATION OF THE SOFTWARE. LICENSEE THEREFORE AGREES TO INDEMNIFY AND HOLD FUTUREMARK HARMLESS AGAINST ANY COSTS, CLAIMS, DEMANDS, EXPENSES AND LIABILITIES OF WHATSOEVER NATURE BY ANY THIRD PARTY ARISING FROM SUCH USE OR EXPLOITATION.

10.4 IN NO EVENT SHALL FUTUREMARK OR ITS AUTHORIZED DISTRIBUTORS BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE THE SOFTWARE, EVEN IF FUTUREMARK OR ITS AUTHORIZED DISTRIBUTORS HAVE BEEN ADVISED OF THE LIKELIHOOD OF SUCH DAMAGES OCCURRING. FUTUREMARK AND ITS AUTHORIZED DISTRIBUTORS SHALL NOT BE LIABLE FOR ANY LOSS, DAMAGES OR COSTS, ARISING OUT OF, BUT NOT LIMITED TO, LOST PROFITS OR REVENUE, LOSS OF USE OF THE SOFTWARE OR THE MEDIA, LOSS OF DATA OR EQUIPMENT, THE COSTS OF RECOVERING THE SOFTWARE, THE MEDIA, DATA OR EQUIPMENT, THE COST OF SUBSTITUTE SOFTWARE, MEDIA, DATA OR EQUIPMENT OR CLAIMS BY THIRD PARTIES, OR OTHER SIMILAR COSTS.

10.5 SINCE LOCAL LEGISLATION IN SOME COUNTRIES DOES NOT ALLOW ANY EXCLUSION OR LIMITATION OF IMPLIED WARRANTIES OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES; THE ABOVE LIMITATIONS OR EXCLUSIONS MAY APPLY TO YOU ONLY PARTLY OR NOT AT ALL.

10.6 IN ANY EVENT, IF ANY STATUTE IMPLIES WARRANTIES OR CONDITIONS NOT STATED IN THIS LICENSE AGREEMENT, LICENSOR'S ENTIRE LIABLITY UNDER ANY PROVISION OF THIS LICENSE AGREEMENT SHALL BE LIMITED TO THE AMOUNT ACTUALLY PAID BY LICENSEE TO LICENSE THE SOFTWARE.

11 TERMINATION OF THE LICENSE

11.1 Either Party may terminate this Agreement with immediate effect by notice in writing in the event the other Party materially breaches any of its obligations, unless the breach is cured within the fourteen (14) day period following the notice. Licensee also has the right to terminate the use of the Software at any point of time, without any specific or implied reason. However, Licensee is not entitled to any money refund in any case.

11.2 Upon termination, Licensee shall cease all use of the Software. In addition, Licensee shall verifiably delete the Software and destroy all tangible copies of the Software and other materials related to the Software in possession or under control of Licensee.

12 MISCELLANEOUS

12.1 No delay by either Party in enforcing the provisions of this Agreement shall prejudice or restrict its rights nor shall any waiver of rights operate as a waiver of any subsequent breach.

12.2 If any provision of this Agreement or the application of any such provision would be invalid, void or unenforceable and/or should be held by a Court of competent jurisdiction to be contrary to law, the remaining provisions of this Agreement shall remain in full force and effect to the maximum extent permissible by the applicable law.

12.3 This Agreement is made, executed and delivered in Espoo, Finland and any controversy arising hereunder or relation to this Agreement shall be governed by and construed in accordance with the laws of Finland. The parties hereto hereby agree that the United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement and is strictly excluded in all proceedings.

12.4 In the event of any dispute between Licensee and Futuremark under this Agreement, the Parties agree that they shall negotiate with each other in good faith in an attempt to resolve the dispute prior to any commencement of proceedings.

12.5 All disputes arising in connection with this Agreement, its negotiations, performance, breach, existence or validity shall be determined by final arbitration in Helsinki, Finland, in accordance with the Arbitration Rules of International Chamber of Commerce or any successor or replacement legislation, which may be in force. The Parties agree to be bound by the arbitrator's decision. However, if the Licensee is considered to have a status of a consumer, Futuremark might and is fully capable to choose another jurisdiction and forum such as forum of domicile of the Licensee. In such a case the applicable law of the proceedings will be the national trade law or, when obligatory, the consumer legislation of the said forum. This might be especially applicable to those consumers residing in the European Union.

12.6 I acknowledge that I have the authority to execute this Agreement on behalf of the Licensee and I further acknowledge and agree that this Agreement constitutes a valid and legally binding obligation on the part of the Licensee.