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MLC, an open engineering consortium, has created an application called MLPerf® Client (the "Application") which it wishes to make available to users in accordance with the terms set forth in this Agreement. This Client Application End User License Agreement ("Agreement") is by and between MLCommons Association, a Delaware non-profit corporation ("MLC", "we" or "us") and the user that is downloading or using the Application ("you").
Please read this Agreement before downloading or using the Application. By installing the Application on your device, you agree to be bound by the terms of this Agreement. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT DOWNLOAD OR USE THE APPLICATION.
Eligibility. IF YOU ARE ENTERING INTO THIS AGREEMENT ON BEHALF OF A COMPANY OR OTHER LEGAL ENTITY, YOU REPRESENT AND WARRANT THAT YOU HAVE THE AUTHORITY TO BIND SUCH ENTITY TO THIS AGREEMENT, IN WHICH CASE THE TERMS "YOU" OR "YOUR" SHALL REFER TO SUCH ENTITY AND ALL APPLICABLE USERS. FURTHER, BY ENTERING INTO THIS AGREEMENT YOU REPRESENT AND WARRANT THAT YOU ARE OF THE AGE OF MAJORITY IN YOUR JURISDICTION AND HAVE THE LEGAL CAPACITY TO ENTER INTO THIS AGREEMENT. IF YOU ARE NOT OF THE AGE OF MAJORITY OR DO NOT HAVE SUCH AUTHORITY OR LEGAL CAPACITY TO ENTER INTO THIS AGREEMENT, OR IF YOU DO NOT UNCONDITIONALLY AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, IMMEDIATELY CEASE USING AND UNINSTALL THE APPLICATION.
License. MLC grants you a personal, non-exclusive, non-transferable, non-sublicenseable worldwide revocable free license to download, install, and use the Application on devices you own solely for the purpose of testing and benchmarking your device’s performance.
License Restrictions. Except to the extent expressly described in written Application documentation made available by MLC, it is strictly prohibited to do any of the following:
* use the Application in any way that is not expressly permitted by this Agreement or that does not comply with applicable law,
* modify, translate, adapt or otherwise create derivative works or improvements of the Application;
* reverse engineer, disassemble, decompile, decode or otherwise attempt to derive or gain access to the source code or other proprietary data (such as weights of models) incorporated in the Application;
* remove, delete, alter, or obscure any trademarks or any copyright, trademark, patent, or other intellectual property or proprietary rights notices from the Application;
* distribute, publish, transfer or otherwise make available the Application or any features or functionality of the Application, to any third party for any reason (for clarity this does not prevent use of the Application for the purpose of internal testing)
* remove, disable, circumvent or otherwise create or implement any workaround to any copy protection, rights management or security features in or protecting the Application.
Term & Termination. The term of Agreement commences when you download the Application and will continue in effect until terminated by you or MLC.
You may terminate this Agreement at any time by deleting all copies of Application, and any associated data, models, and/or results generated from the use of the Application, from your devices.
MLC may terminate this Agreement at any time without notice if it ceases to support the Application. In addition, this Agreement will terminate immediately and automatically without any notice if you violate any of the terms and conditions of this Agreement.
Upon termination, all rights granted to you under this Agreement will also terminate; and you must cease all use of the Application and delete all copies of the Application from your devices and account. Termination will not limit any of MLC’s rights or remedies at law or in equity. Sections intended to survive termination of the agreement, including sections regarding ownership, indemnification, limitation of liability, severability, contractual construction and interpretation and dispute resolution, will survive termination of this agreement.
Ownership. This Agreement provides certain license rights to use of the Application but does not constitute a sale of the Application. MLC’s licensor will continue to own all right, title and interest in the Application, to all benchmark data generated by use of the Application. This Agreement does not grant you any right, title, or interest in or to such content, except for the limited explicit right to use the Application. This Agreement does not grant you any right, usage license, or other interest in or to the MLPerf trademark or logo or any other trademark owned by MLC.
Open Source. Certain items included with the Application are subject to "open source" licenses ("Open Source Software"). Some of the Open Source Software is owned by third parties. The Open Source Software is not subject to the terms and conditions of this Agreement and is instead licensed under the terms of the end user license that accompanies such Open Source Software. Nothing in this Agreement limits your rights under, or grants you rights that supersede, the terms and conditions of any applicable end user license for the Open Source Software. If required by any license for particular Open Source Software, MLC makes such Open Source Software, and MLC’s modifications to that Open Source Software, available upon written request to MLC. To see a list of required attributions and source code for open source components where required, check the about information found within the Application.
Application Messaging; Trademark Ownership. The MLPerf® word mark and logo are trademarks of MLC in the United States and other countries. MLC owns trademark registrations for the MLPerf word mark in the United States and other countries. The MLPerf name is used to identify the source of MLC benchmarks, as well as to identify the Application. You may not use the MLPerf name, except in a factual and non-trademark manner solely to accurately represent your use of the Application, in accordance with the following usage terms. Nothing in this Agreement grants you a license to use the MLPerf word mark or logo, or any other right or interest in or to the MLPerf word mark or logo or any other trademark owned by MLC. Unauthorized use is strictly prohibited.
a. Use of the MLPerf Name to Reference Configuration Testing by MLC. If you used the Application to reproduce benchmark results of configurations that have previously been tested by MLC, you may indicate the following with respect to the applicable device when publishing or otherwise discussing the results: "MLPerf® Client Application results based on configuration tested by MLCommons Association."
b. Use of MLPerf Name to Reference Configurations Not Tested by MLC. If you used the Application to reproduce benchmark results of configurations that have not been tested by MLC, you may indicate the following with respect to the applicable device when publishing or otherwise discussing the results: "MLPerf® Client Application results not based on configuration tested by MLCommons Association."
c. Figuration Comparisons. If you want to publish or otherwise discuss a comparison of benchmark results of configurations and if your comparison includes results of configurations that have not been tested by MLC, you must clarify this when publishing or otherwise discussing the comparison. If you are comparing results of one configuration that has been tested and results of a second configuration that has not been tested, you must clarify which results are associated with the tested configuration and which results are associated with the untested configuration.
d. Additional Requirements
No Misrepresentation. Any disclosure of the Application results must be clearly associated with the specific device tested with the Application and must not state or imply that a different device was tested. Do not use the MLPerf name in any manner that (a) is likely to suggest or imply MLC’s endorsement of a specific company and/or its devices; (b) could cause confusion as to source or as to ownership of the mark or in any way that could damage the goodwill in the mark.
ii. Notice Symbol. You must include the ® next to all uses of the MLPerf name.
iii. Do Not Alter. Do not alter or separate the MLPerf name, vary the spelling, add hyphens, make one word two words or more, use a similar mark, use a phonetic equivalent, use abbreviations, translate the mark, or otherwise alter or modify the mark in any way.
iv. No Use in Company or Product Names. Do not use the MLPerf name (or any variation thereof or confusingly similar name) in any company name, product name, service name, logo, model number, part number, service name, or domain name.
The above pertains only to reference results arising from use of the Application. See the MLPerf® Results Messaging Guidelines (https://github.com/mlcommons/policies/blob/master/MLPerf_Results_Messaging_Guidelines.adoc) for information and requirements regarding factual and non-trademark use of the MLPerf name to accurately represent a benchmark score.
Updates. MLC may from time to time in its sole discretion develop and provide Application updates, which may include upgrades, bug fixes, patches and other error corrections and/or new features (collectively, including related documentation, "Updates"). Updates may also modify or delete in their entirety certain features and functionality. You agree that MLC has no obligation to provide any Updates or to continue to provide or enable any particular features or functionality. You should promptly download and install all Updates and acknowledge and agree that the Application may not properly operate without them. You further agree that all Updates will be deemed part of the Application and be subject to all terms and conditions of this Agreement.
Indemnification. You agree to indemnify and hold MLC and its licensors, and their respective officers, directors and agents harmless from any claims, expenses, or liabilities caused by your use of the Application or breach of this Agreement. You will promptly inform MLC in writing of any claim by a third party that use of the Application in accordance with this Agreement violates the proprietary rights of such claimant (including any threat, warning or notice prior to such claim in which the claimant alleges that the Application infringes his/her/its intellectual property rights), which notice will include copies of all available material related to the claim and will indicate the estimated amount claimed by the claimant, if any.
Disclaimers & Limited Liability. EXCEPT AS EXPLICITLY SET FORTH IN THIS AGREEMENT, THE APPLICATION AND THE MLPERF AND MLCOMMONS NAMES AND TRADEMARKS ARE PROVIDED "AS IS," WITHOUT WARRANTY OR REPRESENTATION OF ANY KIND WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHER. THIS INCLUDES, WITHOUT LIMITATION, WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, ABSENCE OF LATENT OR OTHER DEFECTS, ACCURACY, OR THE PRESENCE OR ABSENCE OF ERRORS, WHETHER OR NOT KNOWN OR DISCOVERABLE. YOUR USE OF THE APPLICATION AND THE MLPERF AND MLCOMMONS NAMES AND TRADEMARKS AT YOUR SOLE RISK AND YOU ARE RESPONSIBLE FOR ANY AND ALL CONCLUSIONS, DECISIONS AND/OR ACTIONS YOU TAKE IN RELIANCE ON THE APPLICATION OR THE RESULTS OF ITS USE.
EXCEPT FOR MATTERS FOR WHICH LIABILITY CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW: (A) IN NO EVENT WILL MLC BE LIABLE FOR INCIDENTAL, INDIRECT, SPECIAL, EXEMPLARY, PUNITIVE AND/OR CONSEQUENTIAL DAMAGES (HOWEVER ARISING) AND/OR FOR LOSS OF PROFIT, LOSS OF USE, LOSS OF DATA, LOSS OF REVENUES, LOSS OF SAVINGS, BUSINESS INTERRUPTION, OR LOSS OF REPUTATION ARISING FROM AND/OR IN CONNECTION WITH THIS AGREEMENT, AND/OR THE USE OF THE APPLICATION AND/OR THE USE OF THE MLPERF AND MLCOMMONS NAMES AND TRADEMARKS; AND (B) THE MAXIMUM AGGREGATE LIABILITY OF MLC FOR ANY AND ALL DAMAGES AND LOSSES ARISING FROM AND/OR IN CONNECTION WITH THIS AGREEMENT, AND/OR THE USE OF THE APPLICATION SHALL NOT EXCEED THE GREATER OF (1) AMOUNTS PAID FOR USE OF THE APPLICATION, OR (2) $50 US.
YOU AGREE THAT YOU ARE NOT ENTITLED TO RECOVER ANY OTHER DAMAGES OR LOSSES EVEN IF THE ABOVE DAMAGES REMEDY DOESN'T FULLY COMPENSATE LICENSEE FOR ANY DAMAGES OR LOSSES OR FAILS OF ITS ESSENTIAL PURPOSE AND EVEN IF MLC KNEW OR SHOULD HAVE KNOWN ABOUT THE POSSIBILITY OF THE DAMAGES OR LOSSES. THE ABOVE LIMITATIONS AND EXCLUSIONS OF LIABILITY SHALL APPLY TO ALL CAUSES OF ACTION AND REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, EQUITY, BREACH OF STATUTORY DUTY, STRICT LIABILITY OR OTHERWISE) AND EVEN IF SUCH DAMAGES OR LOSSES WERE OR COULD HAVE BEEN FORESEEABLE.
Changes. MLC may update this Agreement and will make the revised Agreement available by publishing the updated Agreement through the App. You agree to regularly review the Agreement to get notice of such updates. Your continued use of the Application after the change will constitute agreement to the updated Agreement terms.
Export Regulation. The Application may be subject to US export control laws, including the US Export Administration Act and its associated regulations. You shall not, directly or indirectly, export, re-export or release the Application to, or make the Application accessible from, any jurisdiction or country to which export, re-export or release is prohibited by law, rule or regulation. You shall comply with all applicable federal laws, regulations and rules, and complete all required undertakings (including obtaining any necessary export license or other governmental approval), prior to exporting, re-exporting, releasing or otherwise making the Application available outside the US.
Entire Agreement & Severability. If any provision of this Agreement is illegal or unenforceable under applicable law, the remainder of the provision will be amended to achieve as closely as possible the effect of the original term and all other provisions of this Agreement will continue in full force and effect. This Agreement, and our Privacy Policy constitute the entire agreement between you and MLC with respect to the Application and supersede all prior or contemporaneous understandings and agreements, whether written or oral, with respect to the App.
Dispute resolution. This Agreement will be governed by the laws of the State of Delaware, without reference to conflict of laws principles. If unable to resolve a dispute amicably, the parties agree that disputes arising out of or related to this Agreement will be subject to the exclusive jurisdiction of the state and federal courts located in San Francisco, California.
Please read this Agreement before downloading or using the Application. By installing the Application on your device, you agree to be bound by the terms of this Agreement. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT DOWNLOAD OR USE THE APPLICATION.
Eligibility. IF YOU ARE ENTERING INTO THIS AGREEMENT ON BEHALF OF A COMPANY OR OTHER LEGAL ENTITY, YOU REPRESENT AND WARRANT THAT YOU HAVE THE AUTHORITY TO BIND SUCH ENTITY TO THIS AGREEMENT, IN WHICH CASE THE TERMS "YOU" OR "YOUR" SHALL REFER TO SUCH ENTITY AND ALL APPLICABLE USERS. FURTHER, BY ENTERING INTO THIS AGREEMENT YOU REPRESENT AND WARRANT THAT YOU ARE OF THE AGE OF MAJORITY IN YOUR JURISDICTION AND HAVE THE LEGAL CAPACITY TO ENTER INTO THIS AGREEMENT. IF YOU ARE NOT OF THE AGE OF MAJORITY OR DO NOT HAVE SUCH AUTHORITY OR LEGAL CAPACITY TO ENTER INTO THIS AGREEMENT, OR IF YOU DO NOT UNCONDITIONALLY AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, IMMEDIATELY CEASE USING AND UNINSTALL THE APPLICATION.
License. MLC grants you a personal, non-exclusive, non-transferable, non-sublicenseable worldwide revocable free license to download, install, and use the Application on devices you own solely for the purpose of testing and benchmarking your device’s performance.
License Restrictions. Except to the extent expressly described in written Application documentation made available by MLC, it is strictly prohibited to do any of the following:
* use the Application in any way that is not expressly permitted by this Agreement or that does not comply with applicable law,
* modify, translate, adapt or otherwise create derivative works or improvements of the Application;
* reverse engineer, disassemble, decompile, decode or otherwise attempt to derive or gain access to the source code or other proprietary data (such as weights of models) incorporated in the Application;
* remove, delete, alter, or obscure any trademarks or any copyright, trademark, patent, or other intellectual property or proprietary rights notices from the Application;
* distribute, publish, transfer or otherwise make available the Application or any features or functionality of the Application, to any third party for any reason (for clarity this does not prevent use of the Application for the purpose of internal testing)
* remove, disable, circumvent or otherwise create or implement any workaround to any copy protection, rights management or security features in or protecting the Application.
Term & Termination. The term of Agreement commences when you download the Application and will continue in effect until terminated by you or MLC.
You may terminate this Agreement at any time by deleting all copies of Application, and any associated data, models, and/or results generated from the use of the Application, from your devices.
MLC may terminate this Agreement at any time without notice if it ceases to support the Application. In addition, this Agreement will terminate immediately and automatically without any notice if you violate any of the terms and conditions of this Agreement.
Upon termination, all rights granted to you under this Agreement will also terminate; and you must cease all use of the Application and delete all copies of the Application from your devices and account. Termination will not limit any of MLC’s rights or remedies at law or in equity. Sections intended to survive termination of the agreement, including sections regarding ownership, indemnification, limitation of liability, severability, contractual construction and interpretation and dispute resolution, will survive termination of this agreement.
Ownership. This Agreement provides certain license rights to use of the Application but does not constitute a sale of the Application. MLC’s licensor will continue to own all right, title and interest in the Application, to all benchmark data generated by use of the Application. This Agreement does not grant you any right, title, or interest in or to such content, except for the limited explicit right to use the Application. This Agreement does not grant you any right, usage license, or other interest in or to the MLPerf trademark or logo or any other trademark owned by MLC.
Open Source. Certain items included with the Application are subject to "open source" licenses ("Open Source Software"). Some of the Open Source Software is owned by third parties. The Open Source Software is not subject to the terms and conditions of this Agreement and is instead licensed under the terms of the end user license that accompanies such Open Source Software. Nothing in this Agreement limits your rights under, or grants you rights that supersede, the terms and conditions of any applicable end user license for the Open Source Software. If required by any license for particular Open Source Software, MLC makes such Open Source Software, and MLC’s modifications to that Open Source Software, available upon written request to MLC. To see a list of required attributions and source code for open source components where required, check the about information found within the Application.
Application Messaging; Trademark Ownership. The MLPerf® word mark and logo are trademarks of MLC in the United States and other countries. MLC owns trademark registrations for the MLPerf word mark in the United States and other countries. The MLPerf name is used to identify the source of MLC benchmarks, as well as to identify the Application. You may not use the MLPerf name, except in a factual and non-trademark manner solely to accurately represent your use of the Application, in accordance with the following usage terms. Nothing in this Agreement grants you a license to use the MLPerf word mark or logo, or any other right or interest in or to the MLPerf word mark or logo or any other trademark owned by MLC. Unauthorized use is strictly prohibited.
a. Use of the MLPerf Name to Reference Configuration Testing by MLC. If you used the Application to reproduce benchmark results of configurations that have previously been tested by MLC, you may indicate the following with respect to the applicable device when publishing or otherwise discussing the results: "MLPerf® Client Application results based on configuration tested by MLCommons Association."
b. Use of MLPerf Name to Reference Configurations Not Tested by MLC. If you used the Application to reproduce benchmark results of configurations that have not been tested by MLC, you may indicate the following with respect to the applicable device when publishing or otherwise discussing the results: "MLPerf® Client Application results not based on configuration tested by MLCommons Association."
c. Figuration Comparisons. If you want to publish or otherwise discuss a comparison of benchmark results of configurations and if your comparison includes results of configurations that have not been tested by MLC, you must clarify this when publishing or otherwise discussing the comparison. If you are comparing results of one configuration that has been tested and results of a second configuration that has not been tested, you must clarify which results are associated with the tested configuration and which results are associated with the untested configuration.
d. Additional Requirements
No Misrepresentation. Any disclosure of the Application results must be clearly associated with the specific device tested with the Application and must not state or imply that a different device was tested. Do not use the MLPerf name in any manner that (a) is likely to suggest or imply MLC’s endorsement of a specific company and/or its devices; (b) could cause confusion as to source or as to ownership of the mark or in any way that could damage the goodwill in the mark.
ii. Notice Symbol. You must include the ® next to all uses of the MLPerf name.
iii. Do Not Alter. Do not alter or separate the MLPerf name, vary the spelling, add hyphens, make one word two words or more, use a similar mark, use a phonetic equivalent, use abbreviations, translate the mark, or otherwise alter or modify the mark in any way.
iv. No Use in Company or Product Names. Do not use the MLPerf name (or any variation thereof or confusingly similar name) in any company name, product name, service name, logo, model number, part number, service name, or domain name.
The above pertains only to reference results arising from use of the Application. See the MLPerf® Results Messaging Guidelines (https://github.com/mlcommons/policies/blob/master/MLPerf_Results_Messaging_Guidelines.adoc) for information and requirements regarding factual and non-trademark use of the MLPerf name to accurately represent a benchmark score.
Updates. MLC may from time to time in its sole discretion develop and provide Application updates, which may include upgrades, bug fixes, patches and other error corrections and/or new features (collectively, including related documentation, "Updates"). Updates may also modify or delete in their entirety certain features and functionality. You agree that MLC has no obligation to provide any Updates or to continue to provide or enable any particular features or functionality. You should promptly download and install all Updates and acknowledge and agree that the Application may not properly operate without them. You further agree that all Updates will be deemed part of the Application and be subject to all terms and conditions of this Agreement.
Indemnification. You agree to indemnify and hold MLC and its licensors, and their respective officers, directors and agents harmless from any claims, expenses, or liabilities caused by your use of the Application or breach of this Agreement. You will promptly inform MLC in writing of any claim by a third party that use of the Application in accordance with this Agreement violates the proprietary rights of such claimant (including any threat, warning or notice prior to such claim in which the claimant alleges that the Application infringes his/her/its intellectual property rights), which notice will include copies of all available material related to the claim and will indicate the estimated amount claimed by the claimant, if any.
Disclaimers & Limited Liability. EXCEPT AS EXPLICITLY SET FORTH IN THIS AGREEMENT, THE APPLICATION AND THE MLPERF AND MLCOMMONS NAMES AND TRADEMARKS ARE PROVIDED "AS IS," WITHOUT WARRANTY OR REPRESENTATION OF ANY KIND WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHER. THIS INCLUDES, WITHOUT LIMITATION, WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, ABSENCE OF LATENT OR OTHER DEFECTS, ACCURACY, OR THE PRESENCE OR ABSENCE OF ERRORS, WHETHER OR NOT KNOWN OR DISCOVERABLE. YOUR USE OF THE APPLICATION AND THE MLPERF AND MLCOMMONS NAMES AND TRADEMARKS AT YOUR SOLE RISK AND YOU ARE RESPONSIBLE FOR ANY AND ALL CONCLUSIONS, DECISIONS AND/OR ACTIONS YOU TAKE IN RELIANCE ON THE APPLICATION OR THE RESULTS OF ITS USE.
EXCEPT FOR MATTERS FOR WHICH LIABILITY CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW: (A) IN NO EVENT WILL MLC BE LIABLE FOR INCIDENTAL, INDIRECT, SPECIAL, EXEMPLARY, PUNITIVE AND/OR CONSEQUENTIAL DAMAGES (HOWEVER ARISING) AND/OR FOR LOSS OF PROFIT, LOSS OF USE, LOSS OF DATA, LOSS OF REVENUES, LOSS OF SAVINGS, BUSINESS INTERRUPTION, OR LOSS OF REPUTATION ARISING FROM AND/OR IN CONNECTION WITH THIS AGREEMENT, AND/OR THE USE OF THE APPLICATION AND/OR THE USE OF THE MLPERF AND MLCOMMONS NAMES AND TRADEMARKS; AND (B) THE MAXIMUM AGGREGATE LIABILITY OF MLC FOR ANY AND ALL DAMAGES AND LOSSES ARISING FROM AND/OR IN CONNECTION WITH THIS AGREEMENT, AND/OR THE USE OF THE APPLICATION SHALL NOT EXCEED THE GREATER OF (1) AMOUNTS PAID FOR USE OF THE APPLICATION, OR (2) $50 US.
YOU AGREE THAT YOU ARE NOT ENTITLED TO RECOVER ANY OTHER DAMAGES OR LOSSES EVEN IF THE ABOVE DAMAGES REMEDY DOESN'T FULLY COMPENSATE LICENSEE FOR ANY DAMAGES OR LOSSES OR FAILS OF ITS ESSENTIAL PURPOSE AND EVEN IF MLC KNEW OR SHOULD HAVE KNOWN ABOUT THE POSSIBILITY OF THE DAMAGES OR LOSSES. THE ABOVE LIMITATIONS AND EXCLUSIONS OF LIABILITY SHALL APPLY TO ALL CAUSES OF ACTION AND REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, EQUITY, BREACH OF STATUTORY DUTY, STRICT LIABILITY OR OTHERWISE) AND EVEN IF SUCH DAMAGES OR LOSSES WERE OR COULD HAVE BEEN FORESEEABLE.
Changes. MLC may update this Agreement and will make the revised Agreement available by publishing the updated Agreement through the App. You agree to regularly review the Agreement to get notice of such updates. Your continued use of the Application after the change will constitute agreement to the updated Agreement terms.
Export Regulation. The Application may be subject to US export control laws, including the US Export Administration Act and its associated regulations. You shall not, directly or indirectly, export, re-export or release the Application to, or make the Application accessible from, any jurisdiction or country to which export, re-export or release is prohibited by law, rule or regulation. You shall comply with all applicable federal laws, regulations and rules, and complete all required undertakings (including obtaining any necessary export license or other governmental approval), prior to exporting, re-exporting, releasing or otherwise making the Application available outside the US.
Entire Agreement & Severability. If any provision of this Agreement is illegal or unenforceable under applicable law, the remainder of the provision will be amended to achieve as closely as possible the effect of the original term and all other provisions of this Agreement will continue in full force and effect. This Agreement, and our Privacy Policy constitute the entire agreement between you and MLC with respect to the Application and supersede all prior or contemporaneous understandings and agreements, whether written or oral, with respect to the App.
Dispute resolution. This Agreement will be governed by the laws of the State of Delaware, without reference to conflict of laws principles. If unable to resolve a dispute amicably, the parties agree that disputes arising out of or related to this Agreement will be subject to the exclusive jurisdiction of the state and federal courts located in San Francisco, California.