Fresh Memory

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End-user License Agreement for Fresh Memory

Copyright © 2014, Mykhaylo Kopytonenko. All rights reserved.

License Summary


By clicking “I agree” or otherwise taking any step to install or use the software, you agree to be bound by the terms of this Agreement. If you do not accept these license terms, your sole remedy is to return the entire unused software to your place of purchase within 30 days for a full refund subject to the refund policy of your place of purchase.

Terms and conditions

  1. Preamble: This Agreement is a legal agreement between you, either an individual or a single entity, (hereinafter: Licensee) and Mykhaylo Kopytonenko, a private person (Hereinafter: Licensor). This Agreement sets the terms, rights, restrictions and obligations on using Fresh Memory software (hereinafter: The Software) created and owned by Licensor, as detailed herein. The term “Software” means computer software and may include associated media, printed or electronic materials and documentation.

  2. License Grant: Licensor hereby grants Licensee a Personal, Non-assignable and non-transferable, Commercial, Royalty free, Without the rights to create derivative works, Non-exclusive license, all with accordance with the terms set forth and other legal restrictions set forth in 3rd party software used while running The Software.

    1. Limited: Licensee may use The Software for the purpose of:
      1. Running The Software only on a single computer at one time;
      2. Allowing 3rd Parties to run Software on Licensee’s computer;
      3. Publishing The Software’s output to Licensee and 3rd Parties;
      4. Distributing verbatim copies of The Software’s output;
    2. Non-assignable and Non-transferable: Licensee may not assign or transfer his rights and duties under this license. Licensee may not rent, lease or lend The Software. Licensee may not sublicense, assign or transfer the license or The Software except as expressly provided in this Agreement.

    3. Licensee does not have the right to distribute The Software.

    4. Commercial, Royalty Free: Licensee may use The Software for any purpose, including paid-services, without any royalties.

    5. Reservation of Rights: The Software is licensed, not sold, to Licensee by Licensor. Licensor owns all right, title and interest in and to the Software and reserves all rights not expressly granted to Licensee in this Agreement. Licensee agrees to refrain from any action that would diminish such rights or would call them into question.

    6. Limitation on reverse engineering: Licensee may not reverse engineer, decompile, disassemble or create derivative works of The Software, except and only to the extent that the right to do so is mandated under applicable law. Unauthorized copying of The Software Product or failure to comply with the above restrictions will result in automatic termination of this Agreement and will constitute immediate, irreparable harm to Licensor for which monetary damages would be an inadequate remedy, in which case injunctive relief will be an appropriate remedy for such breach.

  3. Term and Termination: The Term of this license shall be until terminated. Licensor may terminate this Agreement, including Licensee’s license in the case where Licensee:
    1. became insolvent or otherwise entered into any liquidation process; or
    2. exported The Software to any jurisdiction where licensor may not enforce his rights under this agreements in; or
    3. Licensee was in breach of any of this license’s terms and conditions and such breach was not cured, immediately upon notification; or
    4. Licensee in breach of any of the terms of clause 2 to this license; or
    5. Licensee otherwise entered into any arrangement which caused Licensor to be unable to enforce his rights under this License.
  4. Payment: In consideration of the granted License, Licensee shall pay Licensor a fee, via a credit card, PayPal or any other mean which Licensor may deem adequate. Failure to perform payment shall construe as material breach of this Agreement.

  5. Upgrades, Updates and Fixes: Licensor may provide Licensee, from time to time, with Upgrades, Updates or Fixes, as detailed herein and according to his sole discretion. Licensee hereby warrants to keep The Software up-to-date and install all relevant updates and fixes, and may, at his sole discretion, purchase upgrades, according to the rates set by Licensor. Licensor shall provide any update or Fix free of charge; however, nothing in this Agreement shall require Licensor to provide Updates or Fixes.

    1. Upgrades: for the purpose of this license, an Upgrade shall be a material amendment in The Software, which contains new features and or major performance improvements and shall be marked as a new version number. For example, should Licensee purchase The Software under version 1.X.X, an upgrade shall commence under number 2.0.0.

    2. Updates: for the purpose of this license, an update shall be a minor amendment in The Software, which may contain new features or minor improvements and shall be marked as a new sub-version number. For example, should Licensee purchase The Software under version 1.1.X, an upgrade shall commence under number 1.2.0.

    3. Fix: for the purpose of this license, a fix shall be a minor amendment in The Software, intended to remove bugs or alter minor features which impair The Software’s functionality. A fix shall be marked as a new sub-sub-version number. For example, should Licensee purchase The Software under version 1.1.1, an upgrade shall commence under number 1.1.2.

  6. Support: The Software is provided under an AS-IS basis and without any support, updates or maintenance. Nothing in this Agreement shall require Licensor to provide Licensee with support or fixes to any bug, failure, mis-performance or other defect in The Software.

    1. Bug Notification: Licensee may provide Licensor of details regarding any bug, defect or failure in The Software promptly and with no delay from such event; Licensee shall comply with Licensor’s request for information regarding bugs, defects or failures and furnish him with information, screenshots and try to reproduce such bugs, defects or failures.

    2. Feature Request: Licensee may request additional features in The Software, provided, however, that (i) Licensee shall waive any claim or right in such feature should feature be developed by Licensor; (ii) Licensee shall be prohibited from developing the feature, or disclose such feature request, or feature, to any 3rd party directly competing with Licensor or any 3rd party which may be, following the development of such feature, in direct competition with Licensor; (iii) Licensee warrants that feature does not infringe any 3rd party patent, trademark, trade-secret or any other intellectual property right; and (iv) Licensee developed, envisioned or created the feature solely by himself.

  7. Liability: To the extent permitted under Law, The Software is provided under an AS-IS basis. Licensor shall never, and without any limit, be liable for any damage, cost, expense or any other payment incurred by Licensee as a result of The Software’s actions, failure, bugs and/or any other interaction between The Software and Licensee’s end-equipment, computers, other software or any 3rd party’s end-equipment, computer or services. Moreover, Licensor shall never be liable for any defect in source code written by Licensee when relying on The Software or using The Software’s source code.

  8. Consent to use of data: Licensee agrees that Licensor and its affiliates or suppliers may collect and use technical information Licensee provides in relation to support services related to The Software. Licensor agrees not to use this information in a form that personally identifies Licensee except to the extent necessary to provide such services.

  9. Warranty:

    1. Intellectual Property: Licensor hereby warrants that The Software does not violate or infringe any 3rd party claims in regards to intellectual property, patents and/or trademarks and that to the best of its knowledge no legal action has been taken against it for any infringement or violation of any 3rd party intellectual property rights.

    2. No-Warranty: The Software is provided without any warranty; Licensor hereby disclaims any warranty that The Software shall be error free, without defects or code which may cause damage to Licensee’s computers or to Licensee, and that The Software shall be functional. Licensee shall be solely liable to any damage, defect or loss incurred as a result of operating software and undertake the risks contained in running The Software on License’s computers.

    3. Prior Inspection: Licensee hereby states that he inspected The Software thoroughly and found it satisfactory and adequate to his needs, that it does not interfere with his regular operation and that it does meet the standards and scope of his computer systems and architecture. Licensee found that The Software interacts with his computer system and that it does not infringe any of End-User License Agreement of any software Licensee may use in performing his services. Licensee hereby waives any claims regarding The Software’s incompatibility, performance, results and features, and warrants that he inspected The Software.

  10. No Refunds: Licensee warrants that he inspected The Software and that it is adequate to his needs. Accordingly, as The Software is intangible goods, Licensee shall not be, ever, entitled to any refund, rebate, compensation or restitution for any reason whatsoever, even if The Software contains material flaws.

  11. Indemnification: Licensee hereby warrants to hold Licensor harmless and indemnify Licensor for any lawsuit brought against it in regards to Licensee’s use of The Software in means that violate, breach or otherwise circumvent this license, Licensor’s intellectual property rights or Licensor’s title in The Software. Licensor shall promptly notify Licensee in case of such legal action and request Licensee’s consent prior to any settlement in relation to such lawsuit or claim.

  12. Governing Law, Jurisdiction: Licensee hereby agrees not to initiate class-action lawsuits against Licensor in relation to this license and to compensate Licensor for any legal fees, cost or attorney fees should any claim brought by Licensee against Licensor be denied, in part or in full.

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