End User License Agreement

Grant of License

PeakMark LLC grants you a limited, non-exclusive, non-transferable, revocable license to install and use the PeakMark software ("Software") solely for your internal business purposes, subject to the terms of your active subscription plan and this EULA.

Restrictions

You may not:

• Copy, modify, translate, adapt, or create derivative works of the Software;
• Reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code;
• Remove or alter any proprietary notices, labels, or marks on the Software;
• Rent, lease, lend, sell, sublicense, or otherwise transfer the Software to any third party;
• Use the Software for any purpose other than legitimate hardware diagnostics and benchmarking;
• Circumvent or disable any license enforcement or seat-limitation mechanisms.

Ownership

The Software is licensed, not sold. PeakMark LLC retains all right, title, and interest in and to the Software, including all intellectual property rights therein. This EULA does not grant you any rights to trademarks, service marks, or trade names of PeakMark LLC.

Hardware Optimization — Risk Acknowledgment

• Optimization recommendations are suggestions only. You are solely responsible for evaluating and applying them.
• Modifying hardware settings beyond manufacturer specifications — including clock speeds, voltages, memory timings, or power limits — may void hardware warranties and cause permanent component damage or failure.
• PeakMark LLC is not responsible for any hardware damage, data loss, system failure, or financial loss resulting from applying any optimization recommendation, whether or not the recommendation was generated by PeakTune.
• Estimated performance gains are approximations and are not guaranteed.
• You should always back up critical data before modifying hardware configuration settings.
• Consult your hardware manufacturer's documentation before making any changes beyond default settings.

Updates & Auto-Updater

PeakMark software may automatically check for and download updates. By using the Software, you consent to the automatic download of updates. Installation of updates requires your confirmation. PeakMark LLC reserves the right to modify, suspend, or discontinue any feature or the Software itself at any time.

Data Collection

The Software collects a hardware fingerprint (a one-way hash of hardware identifiers) for seat activation purposes. This fingerprint cannot be reversed to identify specific hardware. Benchmark results are stored locally on your machine. No benchmark data is transmitted to PeakMark LLC servers without your explicit action. Please review our Privacy Policy at peakmarktools.com/privacy for full details.

Disclaimer of Warranties

THE SOFTWARE IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. PEAKMARK LLC DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, PEAKMARK LLC'S LIABILITY UNDER THIS EULA SHALL NOT EXCEED THE SUBSCRIPTION FEES PAID BY YOU IN THE THREE MONTHS PRECEDING THE CLAIM. PEAKMARK LLC SHALL NOT BE LIABLE FOR ANY HARDWARE DAMAGE, DATA LOSS, LOST PROFITS, OR CONSEQUENTIAL DAMAGES OF ANY KIND.

Termination

This EULA is effective until terminated. Your rights under this EULA terminate automatically if you fail to comply with any of its terms. Upon termination, you must destroy all copies of the Software in your possession. Sections 3, 4, 7, and 8 survive termination.

Governing Law

This EULA is governed by the laws of the State of North Carolina. Any disputes shall be resolved in the courts of Wake County, North Carolina.