End user agreement for Super Memory 2.0
NOTICE: By installing, operating, copying, distributing, or otherwise using Super Memory, you agree to the terms of this
Shareware License Agreement. If you do not agree to the terms of this Agreement, DO NOT INSTALL Super Memory.
License. Conditioned on your honoring the terms of this Agreement, Mike Brain Software, grants you a non-exclusive,
non-transferable license (the "License") to install and use the current version of Mike Brain Software's software product Super Memory
Professional, including the accompanying user documentation and any later versions within the same major release series
(collectively, "Super Memory"), for your personal, lawful, non-infringing use on up to one (1) personal computers or
workstations in accordance with this Agreement. A separate License for each personal computer and workstation after the third
or for which you do not personally use must be purchased.
Trial Period. The License extends for a single Trial Period of 21 days following your first installation of Super Memory to
permit you to evaluate Super Memory. The License will terminate automatically at the end of the Trial Period unless you
register your copy of Super Memory first. You may not use Super Memory for more than one Trial Period.
Long Term License. If you register your copy of Super Memory with Mike Brain Software and pay the License Fee, the License will remain in
effect perpetually unless terminated as provided below.
a. You may provide copies of Super Memory to others for their trial use so long as you: provide exact, unmodified copies of
Super Memory in the form of the self-installing .exe file or the ZIP file received from Mike Brain Software, including all accompanying
files, this Agreement, and all copyright, trademark, proprietary, and other notices;
b. do not charge or collect any monetary or other compensation for or in connection with Super Memory, apart from a modest
reproduction or handling fee; and
c. reference Mike Brain Software as the sole source of Super Memory and reference the official Super Memory website Mike Brain Software.
Back-Up Copies. You may make up to two exact, unmodified copies of Super Memory solely for your own back-up or archival use.
Prohibited Acts. You may not:
a. sublicense, sell, lease, permit use of, give, lend, distribute, release, provide access to, or in any way transfer Super
Memory or any copy or portion thereof, except for Trial Distribution as permitted above;
b. use Super Memory to provide service bureau or time-sharing services to any other party;
c. make any copies of Super Memory except as permitted herein;
d. modify, enhance, or prepare derivative works based on Super Memory;
e. decompile, disassemble, reverse engineer, analyze, or otherwise attempt to discover the source code of Super Memory;
f. use or incorporate Super Memory or any portion thereof in any other product without the prior written permission of Mike Brain Software;
g. remove, alter, or obscure the copyright, trademark, proprietary, or other notices from Super Memory or any of its screen
Proprietary Rights. Title to, ownership of, and all copyrights and other intellectual property rights in Super Memory and all
copies thereof shall remain solely with Mike Brain Software designated as owning exclusive rights to
selling Super Memory. Super Memory is protected by U.S. copyright and other intellectual property laws and by international
treaties. Mike Brain Software reserves to itself all rights not expressly granted in this Agreement. No Warranty. Super Memory and all
related support and advice are provided "AS IS" and without warranty of any kind. Mike Brain Software disclaims all warranties, express or
implied, including but not limited to the implied warranties of merchantability and fitness for a particular purpose.
Third Party Information. Super Memory searches, and provides information from, various third party sources which are not
practicable for Mike Brain Software to verify. Mike Brain Software makes no warranty, and shall have no liability, with respect to the accuracy,
completeness, currency, usefulness, legality, non-infringement, or any other aspect of any third party information, images,
files, programs, or other items obtained by means of Super Memory.
Mike Brain Software does not warrant that Super Memory will meet your specific needs or requirements, nor that Super
Memory will retrieve all the information you would like it to retrieve or believe it should retrieve, nor that the operation
of Super Memory will in all instances be uninterrupted or error-free. Because software is inherently complex and may not be
completely free of errors, and because third party information has not been verified by Mike Brain Software, you must verify all results
before relying on them.
Exclusion of Damages.
Mike Brain Software shall not be liable for any direct, indirect, consequential, special, incidental, or other
damages, including but not limited to damages for lost profits, interruption of business, lost or corrupted data or programs,
system crashes, or diversion of system or other resources, arising out of or relating to this Agreement or the performance,
quality, results, use of, or inability to use Super Memory or any support, advice, products, or services which are or should
have been provided to you, even if Mike Brain Software has been advised of the possibility of such damages.
Super Memory may contain technical protections that restrict use to certain equipment, to a single
personal computer or workstation, or to a certain time period, and may provide other restrictions, all of which shall be
consistent with the License. Mike Brain Software shall not be liable for any damages incurred as a result of such technical protections or
the failure of Super Memory to operate outside the scope of the License.
No Third Party Claims.
Mike Brain Software shall not be liable for any claim asserted against you by any other party, including but not
limited to claims for infringement of copyright or other intellectual property rights.
Time to File Action.
No action arising under or relating to this Agreement, to Super Memory, or to any support, advice,
products, or services which are or should have been provided to you, may be filed more than one year after the cause of
Some jurisdictions do not permit the exclusion or limitation of implied warranties or consequential damages,
so some of the above exclusions or limitations may not apply to you.
Termination for Breach.
Mike Brain Software may terminate the License with or without cause at any time immediately and without notice if
you materially breach any term of this Agreement or infringe any of Mike Brain Software's rights in Super Memory.
Termination without Breach.
Mike Brain Software may terminate the License upon ten days written notice if Mike Brain Software believes that your use of
Super Memory may infringe any third party rights. If such termination occurs within 24 months of your first installation of
Super Memory, Mike Brain Software will provide you a modified, non-infringing version of Super Memory and reinstate the License.
Duties on Termination.
Immediately upon termination of the License, you must stop using Super Memory and destroy all copies
of Super Memory within your possession, custody, or control.
You may not assign, sublicense, or otherwise transfer the License or any other rights arising under this
Any purported transfer in violation of this paragraph shall be void
You agree to reimburse Mike Brain Software for all costs, including reasonable attorney's fees, incurred to enforce any
of Mike Brain Software's rights under this Agreement or in Super Memory or to defend any claims you assert unsuccessfully against Mike Brain Software.
Severability. Any provision of this Agreement which is held to be unenforceable as written shall be enforced to the fullest
extent permissible and shall not affect the validity of any other provision of this Agreement.
This document states the complete, final, and exclusive agreement concerning your possession, operation,
copying, distribution, and other use of Super Memory and supersedes all earlier oral or written agreements, proposals, marketing
materials, representations, promises, and other communications between you and Mike Brain Software. The terms of this Agreement may only be
amended, waived, or supplemented by a later writing signed by you and Mike Brain Software.
If you have questions or desire additional information about Super Memory, Mike Brain Software, or Mike Brain Software's software use or privacy policies, please contact