Examples of Benchmark Results in a sentence
This Agreement represents the entire agreement between USER and BAPCo concerning the Software and all Benchmark Results.
USER shall not sell, resell, transfer, assign, lease, sublicense or convey this Agreement or any rights hereunder or the Software or Benchmark Results or any right to use them (provided that USER’s rights hereunder may transfer by operation of law in the case of acquisition of USER and all or substantially all of USER’s business assets).
USER shall indemnify and hold BAPCo and the Application Vendors harmless from any claims, expenses or liabilities caused by USER’s use of the Software and any publication or use by USER of Benchmark Results or any other data arising from its use of the Software.
On the terms, and subject to the conditions, limitations and restrictions set forth herein, BAPCo licenses and authorizes USER (i) to duplicate, install and execute the Software for the limited purpose of measuring the performance of industry-standard computer hardware platforms, and (ii) to use, duplicate, disclose and publish resulting Benchmark Results.
In the event that any Charges paid by LS&Co. to Supplier are more than 10% higher than the pricing contained in the Benchmark Results, Supplier shall reimburse LS&Co. for the cost of the applicable benchmarking.