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PLEASE READ THIS EEMBC COREMARK SOFTWARE LICENSE AGREEMENT
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("LICENSE") BEFORE USING THE EEMBC COREMARK SOFTWARE. BY
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USING THE EEMBC COREMARK SOFTWARE, YOU ARE AGREEING TO BE
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BOUND BY THE TERMS OF THIS LICENSE. IF YOU DO NOT AGREE TO THE
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TERMS OF THIS LICENSE, DO NOT DOWNLOAD OR USE THE EEMBC
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COREMARK SOFTWARE.
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1. General. The software and documentation accompanying this License whether on
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disk, in read only memory, on any other media or in any other form (collectively the
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"Software") are licensed, not sold, to you by Embedded Microprocessor Benchmark
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Consortium ("EEMBC") for use only under the terms of this License, and EEMBC
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reserves all rights not expressly granted to you. The rights granted herein are limited to
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EEMBC's members and its licensors' intellectual property rights in the EEMBC
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COREMARK Software and do not include any other patents or intellectual property
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rights. The terms of this License will govern any software upgrades provided by EEMBC
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that replace and/or supplement the original EEMBC COREMARK SOFTWARE
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product, unless such upgrade is accompanied by a separate license in which case the terms
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of that license will govern.
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2. Permitted License Uses and Restrictions. This License allows you to download, install,
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and use the EEMBC COREMARK Software only as expressly permitted under this
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License. For the avoidance of doubt you may make only that number of copies of the
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EEMBC COREMARK Software as are reasonably necessary in order to effectuate the
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purposes for which the EEMBC COREMARK Software is intended. You may not make
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the EEMBC COREMARK Software available over a network where it could be used by
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multiple platforms or multiple users at the same time or for use via data hosting, time
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sharing or service bureau usage. Except as and only to the extent expressly permitted in
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this License or by applicable law, you may not copy or create derivative works of the
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EEMBC COREMARK Software or any part thereof. The EEMBC COREMARK
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SOFTWARE is not intended for any inherently dangerous use, including without
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limitation for use in the operation of nuclear facilities, aircraft navigation or
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communication systems, air traffic control systems, life support machines or other
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equipment in which the failure of the EEMBC COREMARK SOFTWARE COULD
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LEAD TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR
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ENVIRONMENTAL DAMAGE.
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3. Transfer. You may not rent, lease, lend, license, sublicense or otherwise transfer any
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rights to use or possess the EEMBC COREMARK Software.
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4. Enhancements by EEMBC. In the event that at any time EEMBC makes any
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enhancement, update, or modification to the EEMBC COREMARK Software or
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becomes the owner of any new enhancement, update, or modification to the EEMBC
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COREMARK Software, then upon notice to you, EEMBC may in its absolute discretion,
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require that you migrate to any such enhancement, update, or modification which shall
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automatically and without further action by either EEMBC or you become incorporated
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into this Agreement without further consideration, and you shall have the same right and
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license to use and exploit the same as it is granted hereunder with respect to the original
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EEMBC COREMARK Software. You agree that all rights in and to enhancements,
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updates, and modifications effected by EEMBC, if any, to the EEMBC COREMARK
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Software, shall remain the sole and exclusive property of EEMBC. Nothing contained
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herein shall obligate EEMBC to create any new enhancement, update or modifications to
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the EEMBC COREMARK Software, to make such enhancement, update or
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modifications available free of charge or to provide any maintenance and technical
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support services.
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5. Enhancements by Licensee. The Licensee shall have the right, in its discretion, to
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independently modify, improve, or enhance the EEMBC COREMARK Software. The
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parties agree that all rights in and to the modifications, improvements, and enhancements
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solely made by Licensee, if any, to the EEMBC COREMARK Software, shall remain the
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sole and exclusive property of Licensee, subject to EEMBC’s ownership of the EEMBC
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COREMARK Software which underlies the Licensee’s modifications, improvements,
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and enhancements.
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6. Use of Trademark. You agree that you will not, without the prior written consent of
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EEMBC, use in advertising, publicity, packaging, labeling, or otherwise any trade name,
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trademark, service mark, symbol, or any other identification owned by EEMBC to
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identify any of its products or services.
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7. Delivery. The EEMBC COREMARK Software will only be available by
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downloading from EEMBC’s website, specifically at www.coremark.org, in accordance
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with the current policies and procedures of EEMBC. EEMBC reserves the right to
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modify such procedures in its sole and absolute discretion.
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8. Term and Termination.
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a. Term. The term of this Agreement shall continue so long as you are not in
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Default as set forth in Section 8(b).
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b. Termination. This Agreement and the License granted herein will
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automatically terminate if you commit an act of or are subject to any Default. A Default
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means you breach a term or condition of this Agreement, including, but not limited to you
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assigning or purporting to assign any of the rights granted herein without the prior written
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approval of EEMBC. Upon the occurrence of a Default, this Agreement shall
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immediately terminate. EEMBC’s rights as set forth in this Section 8(b) are cumulative
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and, except as provided herein, are in addition to any other rights EEMBC may have at
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law or in equity.
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c. Effect of Termination. Upon the expiration or termination of this Agreement,
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the rights granted to you hereunder shall immediately cease and discontinue, and you
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shall be required to immediately return any and all materials and deliverables provided to
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you under this Agreement, including without limitation, the EEMBC COREMARK
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Software. The provisions contained in Sections 3, 5, 6, 8, 9, 10, 11, 12, 13, 14, 15, and
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16 shall survive any such termination or expiration.
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9. No Warranty. EEMBC provides no warranty for the EEMBC COREMARK
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Software.
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10. Disclaimer of Warranties. You expressly acknowledge and agree that use of the
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EEMBC COREMARK SOFTWARE is at your sole risk and that the entire risk as to
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satisfactory quality, performance, accuracy and effort is with you. The EEMBC
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COREMARK SOFTWARE is provided "as is", with all faults and without warranty of
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any kind, and EEMBC and EEMBC'S licensors (collectively referred to as "EEMBC" for
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the purposes of sections 10 and 11) hereby disclaim all warranties and conditions with
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respect to the EEMBC COREMARK SOFTWARE, either express, implied or statutory,
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including, but not limited to, the implied warranties and/or conditions of merchantability,
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of satisfactory quality, of fitness for a particular purpose, of accuracy, of quiet enjoyment,
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and non-infringement of third party rights. EEMBC does not warrant against
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interference with your enjoyment of the EEMBC COREMARK SOFTWARE, that the
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functions contained in the EEMBC COREMARK SOFTWARE will meet your
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requirements, that the operation of the EEMBC COREMARK SOFTWARE will be
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uninterrupted or error-free, or that defects in the EEMBC COREMARK SOFTWARE
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will be corrected. no oral or written information or advice given by EEMBC or an
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EEMBC authorized representative shall create a warranty. Should the EEMBC
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COREMARK SOFTWARE prove defective, you assume the entire cost of all necessary
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servicing, repair or correction. Some jurisdictions do not allow the exclusion of implied
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warranties or limitations on applicable statutory rights of a consumer, so the above
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exclusion and limitations may not apply to you. to the extent not prohibited by law, in no
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event shall EEMBC be liable for personal injury, or any incidental, special, indirect or
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consequential damages whatsoever, including, without limitation, damages for loss of
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profits, loss of data, business interruption or any other commercial damages or losses,
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arising out of or related to your use or inability to use the EEMBC COREMARK
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SOFTWARE, however caused, regardless of the theory of liability (contract, tort or
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otherwise) and even if EEMBC has been advised of the possibility of such damages.
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some jurisdictions do not allow the limitation of liability for personal injury, or of
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incidental or consequential damages, so this limitation may not apply to you. In no event
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shall EEMBC's total liability to you for all damages (other than as may be required by
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applicable law in cases involving personal injury) exceed the amount of fifty dollars
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($50.00). The foregoing limitations will apply even if the above stated remedy fails of its
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essential purpose.
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11. POTENTIAL MISUSE OF EEMBC COREMARK SOFTWARE. you hereby
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acknowledge and represent that you have been expressly warned by EEMBC that the
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EEMBC COREMARK SOFTWARE may be incompatible with those microprocessors,
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microcontrollers, or digital signal processors that are part of an application or end-user
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product, and that such misuse of the EEMBC COREMARK SOFTWARE could result in
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significant property damage and/or bodily harm.
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12. Publication of Results. You expressly agree that this license permits you to
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publicize any benchmark scores obtained using or with respect to the EEMBC
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COREMARK SOFTWARE, whether for the related microprocessor, microcontroller, or
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DSP platforms ONLY if you comply with the run and reporting rules as indicated in the
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readme-txt file included in the EEMBC COREMARK SOFTWARE release package
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available at www.coremark.org.
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13. Export Law Assurances. You may not use or otherwise export or reexport the
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EEMBC COREMARK SOFTWARE except as authorized by United States law and the
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laws of the jurisdiction in which the EEMBC COREMARK Software was obtained. In
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particular, but without limitation, the EEMBC COREMARK SOFTWARE may not be
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exported or re-exported (a) into (or to a national or resident of) any U.S. embargoed
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countries (currently Cuba, Iran, Iraq, Libya, North Korea, Sudan and Syria), or (b) to
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anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the
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U.S. Department of Commerce Denied Person's List or Entity List. By using the
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EEMBC COREMARK SOFTWARE, you represent and warrant that you are not located
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in, under control of, or a national or resident of any such country or on any such list.
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13. Relationship of Parties. Neither this Agreement, nor any terms and conditions
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contained herein, may be construed as creating or constituting a partnership, joint venture,
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or agency relationship between the parties. Neither party will have the power to bind the
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other or incur obligations on the other party's behalf without the other party's prior written
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consent.
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14. Waiver. No failure of either party to exercise or enforce any of its rights under this
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Agreement will act as a waiver of such rights.
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15. Controlling Law and Severability. This License will be governed by and construed in
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accordance with the laws of the State of California, as applied to agreements entered into
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and to be performed entirely within California between California residents. This License
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shall not be governed by the United Nations Convention on Contracts for the
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International Sale of Goods, the application of which is expressly excluded. If for any
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reason a court of competent jurisdiction finds any provision, or portion thereof, to be
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unenforceable, the remainder of this License shall continue in full force and effect.
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16. Complete Agreement; Governing Language. This License constitutes the entire
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agreement between the parties with respect to the use of the EEMBC COREMARK
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Software licensed hereunder and supersedes all prior or contemporaneous understandings
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regarding such subject matter. No amendment to or modification of this License will be
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binding unless in writing and signed by EEMBC. Any translation of this License is done
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for local requirements and in the event of a dispute between the English and any non-
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English versions, the English version of this License shall govern.
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