End User License Agreement (EULA)

Last Updated: August 2026

1. Agreement to Terms

This End User License Agreement ("EULA" or "Agreement") is a legally binding contract between you ("Licensee," "you," or "your") and The Molen Company ("AiBenchLab," "Licensor," "we," "us," or "our") governing your use of MARK-17, the AiBenchLab desktop application (the "Software").

"AiBenchLab" refers to the company and its product family. "MARK-17" is the name of the desktop application licensed under this EULA.

By installing, copying, or otherwise using the Software, you agree to be bound by the terms of this EULA. If you do not agree to the terms of this EULA, do not install or use the Software.

This EULA supplements and incorporates by reference the Terms of Service and Privacy Policy, available at https://aibenchlab.com.

2. Definitions

  • "Software" means MARK-17, the AiBenchLab desktop application, including all updates, upgrades, documentation, and related materials provided by AiBenchLab.
  • "License Key" means the unique activation code provided to you upon purchase that enables use of the Software.
  • "Seat" means one individual user authorized to use the Software under this license.
  • "Licensee" means the individual or organization that has purchased or is evaluating the Software.
  • "Perpetual License" means a one-time purchase license that grants ongoing use of the Software, subject to the terms of this EULA.
  • "Update Entitlement Period" means the period during which you are entitled to receive Software updates. Paid licenses include 12 months of update coverage from the date of purchase.
  • "License Class" means the commercial license you purchased. The current paid license classes are Business and Enterprise.

3. License Grant

Subject to your compliance with this EULA and payment of applicable fees, AiBenchLab grants you a limited, non-exclusive, non-transferable, perpetual license to install and use the Software in accordance with your purchased license class.

All rights not expressly granted to you in this EULA are reserved by AiBenchLab.

3.1 License Classes

The current paid commercial license classes for the Software are Business and Enterprise. A Business license permits use of the Software for paid client work, including the production and delivery of benchmark reports to your clients.

The scope, seat count, and price applicable to your license are those set out in the order documentation you receive at the time of purchase. Contact if you need to confirm which license class fits your intended use before purchasing.

3.2 Perpetual Licensing

All paid licenses are perpetual — you own the version you purchased and it continues to function indefinitely. Paid licenses include 12 months of update coverage from the date of purchase, and update coverage may optionally be renewed after that period. If your update coverage lapses or you choose not to renew, your licensed copy of the Software continues to function; you simply do not receive new features or updates.

4. Local-First Software

The Software is designed as local-first software. Local-first does not mean offline-only: license activation, updates, model downloads, and any cloud AI provider you choose to connect all require internet access. By using the Software, you acknowledge and agree that:

  • The Software runs locally on your device. Windows 10 and 11 (64-bit) is the currently supported platform. AiBenchLab makes no commitment to support any other operating system.
  • You provide your own AI models and API keys to third-party AI services.
  • AiBenchLab does not host, proxy, or store your data, API keys, model outputs, or benchmark results.
  • If you choose to benchmark a supported cloud AI provider, the Software sends the prompts and test inputs required for that operation from your device directly to the provider you selected, under that provider's terms. This happens only for providers you deliberately configure and select.
  • Benchmark results and test data are stored on your system, and are not transmitted to AiBenchLab, unless you explicitly choose to export or share them.
  • You are solely responsible for your use of the Software and any third-party AI services you connect to it.
  • You are responsible for complying with the terms of service of any third-party AI providers you use with the Software.
  • You are responsible for all costs associated with third-party AI services, including API usage fees.

5. Updates

5.1 Included Update Coverage

All paid licenses include 12 months of Software updates from the date of purchase. During this period you will receive new features, bug fixes, and improvements at no additional cost.

5.2 Optional Renewal of Update Coverage

After the initial 12 months, you may optionally renew your update coverage. Renewal is never required — the Software continues to function without it. Renewal terms are provided at the time of renewal.

5.3 Post-Coverage Use

After your update coverage ends, your licensed copy of the Software continues to function without degradation. Expiry of update coverage does not disable an already licensed copy of the Software. You retain the right to use the last version released during your coverage period indefinitely. You will not receive new features, bug fixes, or compatibility updates until you renew.

6. Planned Features

The Software's interface, website, or marketing materials may reference features described as "Planned," "Coming Soon," "Roadmap," or similar language. These references are informational only and provided to give insight into development priorities.

These references do NOT constitute:

  • A guarantee, promise, or binding obligation to deliver any specific feature.
  • A commitment to any particular timeline or release date.
  • A warranty of future functionality.

AiBenchLab reserves the right to modify, delay, or cancel any planned features at its sole discretion without liability.

7. Seat Definition and Limits

7.1 Seat Definition

One "Seat" means one individual user. Each user must have their own seat under the license. Seats may not be shared or transferred between users.

7.2 Multi-Seat Licenses

For licenses that include multiple seats, you must designate named individual users at the time of purchase or activation. Named users may not be changed more than once every 12 months without prior written approval from AiBenchLab.

7.3 Organizational Licenses

For multi-seat and Enterprise licenses, all seats must be used within a single organization. You may not share seats across multiple separate legal entities or organizations.

7.4 Exceeding Seat Limits

Exceeding the seat limits specified for your license constitutes a material breach of this EULA. If you need additional seats, you must upgrade your license or purchase additional licenses.

8. Acceptable Use and License Restrictions

You agree NOT to:

  • Reverse Engineer: Reverse engineer, decompile, disassemble, or attempt to derive the source code of the Software, except to the extent expressly permitted by applicable law.
  • Circumvent License Enforcement: Disable, circumvent, or interfere with any license enforcement mechanisms, security features, or technological protection measures in the Software.
  • Redistribute or Resell: Redistribute, resell, lease, sublicense, rent, or otherwise transfer the Software or your license to any third party.
  • Modify: Modify, adapt, translate, or create derivative works of the Software.
  • Remove Notices: Remove, alter, or obscure any copyright notices, trademarks, logos, or other proprietary notices in the Software.
  • Falsify Results: Falsify, manipulate, or misrepresent benchmark results produced by the Software.
  • Misrepresent Certification: Represent benchmark results as certified, endorsed, officially validated, or approved by AiBenchLab unless explicitly authorized in writing.
  • Unlawful Use: Use the Software for any unlawful purpose or in violation of this EULA or applicable laws.
  • Share License Keys: Share your License Key or account credentials with unauthorized users.
  • Exceed License Limits: Exceed the seat limits or other usage limits specified for your license.

9. System Requirements and Performance

9.1 System Monitoring and Protection

The Software includes thermal protection and resource monitoring features designed to prevent hardware damage or system instability. These features may throttle or pause operations if system resources (CPU, GPU, RAM, temperature) exceed safe thresholds.

9.2 Performance Variability

Benchmark performance and Software behavior may vary significantly based on:

  • Hardware specifications (CPU, GPU, RAM, storage)
  • Operating system and system configuration
  • Other running applications and background processes
  • AI models and third-party services being benchmarked

You acknowledge that performance results are dependent on your specific hardware and configuration, and AiBenchLab makes no guarantees regarding benchmark results or performance.

10. Ownership

The Software, including all code, algorithms, design, documentation, trademarks, logos, and related intellectual property, is and remains the sole and exclusive property of The Molen Company. This EULA does not grant you any ownership rights in the Software.

All rights not expressly granted to you under this EULA are reserved by AiBenchLab.

11. Plugins

AiBenchLab may offer plugins or extensions to the Software that provide additional functionality. Plugins:

  • Are not part of the Software licensed under this EULA unless expressly stated.
  • May be subject to separate license terms, which will be presented to you before you obtain the plugin.
  • May require an active Software license to function.

The commercial model for plugins has not been finalized. No plugin pricing, inclusion, or discount is offered or implied by this EULA.

12. NO WARRANTIES (AS-IS)

THE SOFTWARE IS PROVIDED "AS-IS" AND "AS-AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR THAT THE SOFTWARE WILL BE ERROR-FREE, SECURE, OR UNINTERRUPTED.

AIBENCHLAB DOES NOT WARRANT THAT THE SOFTWARE WILL MEET YOUR REQUIREMENTS, OPERATE IN COMBINATION WITH ANY PARTICULAR HARDWARE OR SOFTWARE, OR THAT THE SOFTWARE WILL BE FREE OF DEFECTS, ERRORS, OR VULNERABILITIES.

YOU ASSUME ALL RISK AND RESPONSIBILITY FOR YOUR USE OF THE SOFTWARE, INCLUDING ANY DAMAGE TO YOUR COMPUTER SYSTEM, LOSS OF DATA, OR OTHER HARM. THE 14-DAY TRIAL PERIOD IS PROVIDED TO ALLOW YOU TO EVALUATE THE SOFTWARE AND DETERMINE ITS SUITABILITY FOR YOUR NEEDS BEFORE PURCHASE. BY PURCHASING THE SOFTWARE AFTER THE TRIAL PERIOD, YOU ACKNOWLEDGE THAT YOU HAVE HAD THE OPPORTUNITY TO TEST THE SOFTWARE AND DETERMINE THAT IT MEETS YOUR REQUIREMENTS.

AIBENCHLAB MAKES NO WARRANTIES REGARDING THE ACCURACY, RELIABILITY, OR COMPLETENESS OF BENCHMARK RESULTS. BENCHMARK RESULTS MAY VARY BASED ON HARDWARE, CONFIGURATION, THIRD-PARTY SERVICES, AND OTHER FACTORS BEYOND AIBENCHLAB'S CONTROL.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, ANY IMPLIED WARRANTIES ARE LIMITED TO THE SHORTEST DURATION PERMITTED BY LAW.

13. LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY LAW, AIBENCHLAB'S TOTAL LIABILITY TO YOU FOR ANY CLAIMS ARISING OUT OF OR RELATED TO THIS EULA OR YOUR USE OF THE SOFTWARE SHALL NOT EXCEED THE AMOUNT YOU PAID TO AIBENCHLAB FOR THE SOFTWARE IN THE 12 MONTHS PRECEDING THE CLAIM.

THIS LIMITATION APPLIES TO ALL CAUSES OF ACTION IN THE AGGREGATE, INCLUDING BUT NOT LIMITED TO BREACH OF CONTRACT, BREACH OF WARRANTY, TORT, NEGLIGENCE, STRICT LIABILITY, MISREPRESENTATION, AND ANY OTHER LEGAL THEORY, REGARDLESS OF WHETHER AIBENCHLAB HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IN NO EVENT SHALL AIBENCHLAB BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO:

  • LOST PROFITS OR REVENUE
  • LOST DATA OR DATA CORRUPTION
  • BUSINESS INTERRUPTION OR DOWNTIME
  • COST OF SUBSTITUTE GOODS OR SERVICES
  • DAMAGE TO HARDWARE OR OTHER PROPERTY
  • LOSS OF GOODWILL OR REPUTATION

EVEN IF AIBENCHLAB HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

14. Limitation of Personal Liability

No individual owner, developer, officer, employee, contractor, or contributor of AiBenchLab or The Molen Company shall be personally liable for any claims, damages, losses, costs, or obligations arising out of or related to this EULA or your use of the Software.

All claims must be brought against AiBenchLab (The Molen Company) as the licensor, and all liability is subject to the limitations set forth in Section 13 of this EULA.

15. REFUND POLICY

ALL PAID LICENSES ARE COVERED BY A 30-DAY MONEY-BACK GUARANTEE FROM THE DATE OF PURCHASE. IF YOU ARE NOT SATISFIED FOR ANY REASON, CONTACT REFUNDS@AIBENCHLAB.COM WITHIN 30 DAYS WITH YOUR ORDER NUMBER FOR A FULL REFUND. SEE THE FULL REFUND POLICY AT AIBENCHLAB.COM/LEGAL/REFUND FOR COMPLETE DETAILS.

AFTER THE 30-DAY WINDOW, YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION IS TO CONTACT SUPPORT@AIBENCHLAB.COM. REFUNDS AFTER 30 DAYS ARE REVIEWED ON A CASE-BY-CASE BASIS AT AIBENCHLAB'S SOLE DISCRETION.

16. MANDATORY BINDING ARBITRATION

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.

You and AiBenchLab agree that any dispute, claim, or controversy arising out of or relating to this EULA or your use of the Software (collectively, "Disputes") will be resolved exclusively by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify.

16.1 Arbitration Rules

The arbitration will be conducted under the rules of the American Arbitration Association ("AAA"), which are available at www.adr.org or by calling 1-800-778-7879.

16.2 Arbitration Location

The arbitration shall take place in Yolo County, California, or Solano County, California, at AiBenchLab's election.

16.3 Costs

Each party shall bear its own costs of arbitration, including attorneys' fees, unless otherwise required by applicable law or the arbitrator's award.

16.4 Arbitrator's Authority

The arbitrator may award the same damages and relief that a court could award, but the arbitrator may not award relief (including declaratory or injunctive relief) benefiting anyone other than the parties to the arbitration. The arbitrator's decision is binding and may be entered as a judgment in any court of competent jurisdiction.

17. CLASS ACTION WAIVER

YOU AND AIBENCHLAB AGREE THAT DISPUTES WILL BE BROUGHT IN AN INDIVIDUAL CAPACITY ONLY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION, COLLECTIVE ACTION, REPRESENTATIVE PROCEEDING, OR SIMILAR PROCEEDING.

YOU AND AIBENCHLAB EXPRESSLY WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS ACTION, COLLECTIVE ACTION, OR REPRESENTATIVE PROCEEDING.

THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON'S CLAIMS AND MAY NOT PRESIDE OVER ANY FORM OF REPRESENTATIVE OR CLASS PROCEEDING.

If this waiver is found to be unenforceable, then the entirety of the arbitration provision (Section 16) shall be null and void, and the Dispute shall proceed in court.

18. Governing Law and Venue

This EULA and any Disputes not subject to arbitration shall be governed by the laws of the State of California, without regard to its conflict-of-law principles.

For any matters not subject to arbitration under Section 16, you agree to the exclusive jurisdiction and venue of the state or federal courts located in Yolo County, California, or Solano County, California, at AiBenchLab's election. You waive any objection to jurisdiction or venue in these courts.

19. Severability

If any provision of this EULA is found to be invalid, illegal, or unenforceable, the remaining provisions will continue in full force and effect. The invalid provision will be modified to the minimum extent necessary to make it valid and enforceable while preserving the original intent.

20. Entire Agreement

This EULA, together with the Terms of Service and Privacy Policy, constitutes the entire agreement between you and AiBenchLab regarding the Software and supersedes all prior or contemporaneous agreements, representations, warranties, or understandings, whether written or oral.

In the event of any conflict between this EULA and the Terms of Service, this EULA shall control with respect to the licensing and use of the Software.

21. Contact Information

If you have questions about this EULA, please contact us:

AiBenchLab Support
The Molen Company
Email:
Website: https://aibenchlab.com