End user agreement for Memonix
This version of Memonix has been originally released at www.viewizard.com.
It is subject to the license, which is part of this download.
IMPORTANT: PLEASE READ CAREFULLY BEFORE USING THE MEMONIX
This License Agreement for the Memonix game ("License Agreement")
is an agreement between Viewizard ("Viewizard"),
and you (either an individual or a legal entity) ("You") with
respect to the software product which this License Agreement
accompanies (the "Software").
By installing, copying or otherwise using the Software, You agree to be
bound by the terms of this License Agreement. If You do not agree to the
terms of this License Agreement do not install or use the Software.
1. Grant of License
Subject to the provisions of this License Agreement, Viewizard grants You a
limited, non-exclusive, personal, non-sublicenseable, non-transferable
license to use the trial (shareware) version of the Software at any computer
You own or use. Once registered, Viewizard grants You a limited,
non-exclusive, personal, non-sublicenseable, non-transferable license
to use the full (registered) version of the Software at one computer.
2. Permitted copying and electronic distribution of Software
You may make as many copies of the SHAREWARE version of this
distribution package as you wish; you may give exact copies of the original
SHAREWARE version of this distribution package; distribute the SHAREWARE
version of this distribution package in its unmodified form via electronic means.
There is no charge for any of the above. No person or company may
charge a fee for the distribution of Software without written permission from
all of the copyright holders. If you want to distribute Software in a retail location,
or as part of a hardware or software bundle, or on CD-ROM you must get
PRIOR signed written permission from Viewizard. Viewizard reserves its
right to withhold permission.
You may not alter this Software in any way; you may not use or distribute
any part of the original package. Also you are not allowed to emulate,
decompile, disassemble, otherwise reverse engineer any executable part
of original package. Any such unauthorized use may result in criminal
and/or civil prosecution.
3. Disclaimer of Warranties
Viewizard provides you with the Software "as is" and with all faults. Viewizard
explicitly disclaims all warranties and guarantees and does not make any
representations with respect to the Software, whether express, implied,
or statutory, including, but not limited to any (if any) warranties of
or related to: fitness for a particular purpose, title,
non-infringement, lack of viruses, accuracy or completeness of
responses, results, lack of negligence or lack of workmanlike effort,
and correspondence to description. The entire risk arising out of use or
performance of the Software remains with You.
4. Limitation of Liability
In no event shall Viewizard or its employees, agents or suppliers be liable
for any direct, indirect, consequential, incidental, special, punitive,
or other damages whatsoever (including, without limitation, damages for
loss of business profits, business interruption, loss of business
information, claims of third parties, damages as a result of injury to
any person, or any other loss) arising out of or in connection with the
license granted under this License Agreement or the use of or inability
to use the Software, even if Viewizard has been advised of the
possibility of such damages.
5. User warning and indemnification
WARNING: use of the Software and use of any works that are (partially)
created with the Software (the "Works") may cause physical or
psychological reactions from You or from third parties, which may result
in damages, injuries, losses and/or other negative consequences. You
acknowledge that Viewizard can not be held liable for any such damages,
injuries, losses and/or other negative consequences. You acknowledge
that it is your obligation to investigate, prevent and/or minimize such
reactions prior to having third parties use the Works.
You shall indemnify and hold harmless Viewizard from and against all actions,
claims, demands, proceedings, losses, damages, costs, charges and
expenses, including but not limited to legal fees and expenses, arising
out of or in connection with (i) the use of the Software by You and (ii)
the use of any Works created with the Software by You or any third
6. Term and Termination
This License Agreement and the license granted hereunder is effective
until terminated. This License Agreement shall terminate automatically
and forthwith if You fail to comply with the terms of this License
Agreement. Upon termination, You shall cease the use of the Software,
remove the Software from (the memory of) your computer and destroy all
copies of the Software.
7. Entire Agreement
This License Agreement is the entire agreement between Viewizard and You in
respect of the subject matter of the License Agreement. This License
Agreement supersedes all prior written or oral agreements, proposals or
understandings, and any other communications between Viewizard and You
relating to the subject matter of this License Agreement.
If any provision of this License Agreement is held to be unenforceable
by a court of competent jurisdiction for any reason, such provision
shall be adapted or amended only to the extent necessary to make it
enforceable, and the remainder of the License Agreement shall remain in