Memoriser distribution permissions and end-user license agreement
PLEASE READ THIS SOFTWARE LICENSE AGREEMENT
CAREFULLY BEFORE USING THE SOFTWARE.
BY CLICKING THE "I ACCEPT THE AGREEMENT" BUTTON
DURING INSTALLATION OF THE SOFTWARE, YOU ARE
CONSENTING TO BE BOUND BY THIS AGREEMENT.
MEMORISER END USER SOFTWARE LICENSE AGREEMENT
IMPORTANT: YOU SHOULD CAREFULLY READ THIS
LEGAL AGREEMENT BEFORE INSTALLING THIS PACKAGE.
BY INSTALLING MEMORISER YOU ACCEPT ALL THE TERMS
AND CONDITIONS OF THIS AGREEMENT AND AGREE THAT
YOU WILL BE LEGALLY BOUND BY THEM. IF THESE
TERMS AND CONDITIONS ARE NOT ACCEPTABLE TO YOU,
DO NOT CONTINUE TO INSTALL THIS SOFTWARE.
MEMORISER LICENSE TERMS
Skynergy grants you ("Customer") a license to use
MEMORISER subject to the separate, applicable provisions below.
For purposes of the provisions contained below, the
term "Customer" shall also apply to Non-Profit Customers
as defined below, unless expressly stated otherwise.
I. LICENSE FOR FREE VERSION OF MEMORISER
Customer may use MEMORISER for free for an unlimited Period.
Customer agrees that MEMORISER Free has certain limitations,
that these limitations may change over time without notice
or obligation on the part of Skynergy. It is the Customer`s
responsibility to review these limitations and abide by
them. The Customer agrees to be legally bound by these
limitations when using MEMORISER.
Customer shall not use MEMORISER for commercial timesharing.
Customer shall not rent MEMORISER license to other parties.
II. GENERAL PROVISIONS FOR MEMORISER
Customer shall not remove any product identification, copyright
notices, or other notices or proprietary restrictions from MEMORISER.
Customer shall not cause or permit reverse engineering,
disassembly, or decompilation of MEMORISER.
COPYRIGHT/OWNERSHIP OF PROGRAM: MEMORISER is the proprietary
product of Skynergy and its licensors and it is protected
by copyright, trade secret and other intellectual property laws.
Customer acquires only the right to use MEMORISER and does not
acquire any rights, express or implied, in MEMORISER or media
containing MEMORISER other than those specified in this License.
Skynergy, or its licensor, shall at all times retain all rights, title,
interest, including intellectual property rights, in MEMORISER and media.
NON-TRANSMISSION OF PERSONAL DATA: MEMORISER
does NOT transmit any data over the Internet.
MEMORISER does NOT send information about sites that you visit
or any information about your browsing to any servers.
NO WARRANTIES OF ANY KIND: MEMORISER IS PROVIDED "AS IS"
WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED,
INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES
OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
SKYNERGY DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED
IN MEMORISER WILL MEET YOUR REQUIREMENTS OR OPERATE
IN AN ENVIRONMENT CREATED BY YOU OR THAT THE OPERATION
OF MEMORISER WILL BE UNINTERRUPTED OR ERROR FREE OR
THAT MEMORISER ERRORS WILL BE CORRECTED.
THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE
OF MEMORISER IS WITH YOU.
SKYNERGY FURTHER DOES NOT WARRANT THAT
PRIVATE INFORMATION THAT BELONGS TO YOU AND
THAT YOU STORE IN MEMORISER WILL NOT BE STOLEN
OR OTHERWISE ACQUIRED BY THIRD PARTIES.
LIMITATION OF LIABILITY: NEITHER SKYNERGY NOR
ANY OF ITS LICENSORS SHALL BE LIABLE FOR ANY DAMAGES
CAUSED BY MEMORISER INCLUDING BUT NOT LIMITED TO INDIRECT,
INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, OR DAMAGES
FOR LOSS OF PROFITS, LOSS OF SAVINGS, REVENUE, DATA,
INCURRED BY CUSTOMER OR ANY THIRD PARTY, EVEN IF SKYNERGY
HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
TERMINATION: This License is effective until terminated.
You may terminate this Agreement at any time by uninstalling
MEMORISER and deleting all its files. This License will
terminate immediately without notice from Skynergy if you
fail to comply with any provision of this License.
Upon termination or expiration of this License you must
uninstall MEMORISER and delete all its files.
EXPORT LAW ASSURANCE: Customer shall comply fully with all
laws and regulations of South Africa and other countries (Export Laws)
to assure that neither MEMORISER, nor any direct products thereof
are Exported, directly or indirectly, in violation of Export Laws,
or are used for any purpose prohibited by Export Laws, including,
without limitation, nuclear, chemical, or biological weapons
proliferation. If MEMORISER have been rightfully obtained by you
outside of South Africa, you agree that you will not re-export
MEMORISER nor any other technical data received, nor
the direct product thereof, except as permitted by the laws and
regulations of South Africa and the laws and regulations
of the jurisdiction in which you obtained MEMORISER.
JURISDICTION AND DISPUTES: This Agreement shall be
governed by the laws of South Africa. All disputes hereunder
shall be resolved in South Africa. The parties consent to the
jurisdiction of such courts, agree to accept service of process
by mail, and waive any jurisdictional or venue defenses
otherwise available. In any litigation arising out of this Agreement
or related to use or function of MEMORISER, Skynergy shall be entitled
to all legal costs and attorney`s fees incurred in mediation,
arbitration, suit and on appeal.
SEVERABILITY: If for any reason a court of competent jurisdiction
finds any provision of this License or portion thereof, to be
unenforceable, that provision of the License shall be enforced to the
maximum extent permissible so as to affect the intent of the parties,
and the remainder of this License shall continue in full force and
COMPLETE AGREEMENT: This License constitutes the entire agreement
between the parties with respect to the use of MEMORISER and the
related documentation, and supersedes all prior or contemporaneous
understandings or agreements, written or oral, regarding such subject
matter. No amendment to or modification of this License will be
binding unless in writing and signed by a duly authorized
representative of Skynergy.
to track users. However, MEMORISER affiliates and advertisers
a customer to our web sites.
CUSTOMER HEREBY ACKNOWLEDGES THAT CUSTOMER HAS READ
THIS AGREEMENT, UNDERSTANDS IT AND AGREES TO BE BOUND
BY ITS TERMS AND CONDITIONS.
a. Limitations on Reverse Engineering, Decompilation, and Disassembly. You may not reverse engineer, decompile, or disassemble the SOFTWARE PRODUCT, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation.
b. No Separation of Components. The SOFTWARE PRODUCT is licensed as a single product and neither the software programs making up the SOFTWARE PRODUCT nor any UPDATE may be separated for use by more than one user at a time.
c. Rental. You may not rent or lease the SOFTWARE PRODUCT.
d. Software Transfer. You may permanently transfer all of your rights under this EULA, provided that you retain no copies, you transfer all of the SOFTWARE PRODUCT (including all component parts, the media and printed materials, any upgrades, this EULA, and, if applicable, the Certificate of Authenticity), and the recipient agrees to the terms of this EULA. If the SOFTWARE PRODUCT is an upgrade, any transfer must include all prior versions of the SOFTWARE PRODUCT if you did not already delete them permanently.
e. Termination. Without prejudice to any other rights, Skynergy may terminate this EULA if you fail to comply with the terms and conditions of this EULA. In such event, you must destroy all copies of the SOFTWARE PRODUCT.