End user agreement for Memopal
By installing the software, by registering for online service, or by purchasing additional online services, you agree to this Master EULA for Memopal software. The Master EULA comprises i) Memopal client software EULA, ii) Terms for the Supply of Memopal Online Services; and iii) certain open source software licenses.
i) Memopal Client Software End User License Agreement (EULA)
This client software is a component of the Memopal software that you upload to your system. By installing or using Memopal client software, you agree to the below license terms. These terms also apply to any updates, supplements, Internet-based services, and support services for this component, unless other terms accompany those items in which case those terms control in the event of conflict.
1. INSTALLATION AND USE RIGHTS.
You may activate and use the single copy of the Memopal local client software.
2. SCOPE OF LICENSE.
This software is licensed, not sold. All intellectual property rights existing in Memopal client software shall remain the property of Memopal. You may use the software only as expressly permitted in this agreement. In doing so, you must comply with any technical limitations in the software that only allow you to use it in certain ways. You may not work around any technical limitations in the software. You also may not:
-reverse engineer, decompile or disassemble the software, except and only to the
extent that applicable law expressly permits, despite this limitation;
- make more copies of the software than specified in this agreement or than allowed by applicable law;
- publish the software for others to copy;
- rent, lease or lend the software;
- transfer the software or this agreement to any third party except together with your transfer of all rights to the Memopal product and Memopal client software; or
- use the software for commercial software hosting services.
Any person that has valid access to your computer or internal network may copy and use the documentation for your internal, reference purposes.
4. INTERNET-BASED SERVICES.
Memopal works in conjunction with other Memopal components to allow you to use Memopal online services to store your content online. Memopal or the online service provider may change or cancel these services at any time with notice.
5. USER INFORMATION.
When using Memopal client software, you are not required to disclose any personal information.
For the benefit of the entire user community, the Memopal client software may collect certain non-personally identifiable information that relates to your use, including without limitation, statistics relating to how often you use the software, for how long, the features you use, software performance metrics, and configuration settings. With your consent this information in anonymous form will be automatically sent to Memopal and aggregated with similar information from other users for statistical purposes, and for purposes of monitoring and improving the correct functioning of the Software.
If you elect to use Memopal online services via the client software, you may be required to provide certain user information over the Internet to register to use these services or to purchase additional services that may be available. Further when using online services, you consent that certain information will be automatically collected by the service providers, such as your Internet protocol address, your domain name, the type of operating system, browser and name and version of the software you are using, and the language code of the device, without separate notice. If this automatically collected data was associated with data held by third parties; it would be possible to identify you, but we do not collect this data for this purpose.
By using Memopal online services, you consent that Memopal may receive some of the collected information about you from the online storage service provider without separate notice to you.
6. EXPORT RESTRICTIONS.
The software is subject to export laws and regulations of United States, Japan, and other countries. You must comply with all domestic and international export laws and regulations that apply to this software. These laws include restrictions on destinations, end users and end use.
7. WARRANTY AND SUPPORT SERVICES.
THIS SOFTWARE IS PROVIDED "AS IS", WITH ALL FAULTS. THEREFORE, Memopal MAY NOT PROVIDE SUPPORT SERVICES FOR IT. THERE IS NO WARRANTY THAT OPERATION WILL BE UNINTERRUPTED OR ERROR-FREE. Memopal PROVIDES NO WARRANTY AGAINST LOSS OF DATA. Memopal DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES TO THE FULLEST EXTENT PERMITTED BY LAW. YOU ACKNOWLEDGE AND AGREE THAT YOU ARE NOT ENTERING INTO THIS EULA IN RELIANCE UPON OTHER REPRESENTATIONS AND WARRANTIES. Memopal DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTY OF MERCHANTABILITY AND IMPLIED WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE.
8. EULA CHANGES.
Memopal reserves the right to modify the terms and conditions of this EULA upon sixty days written notice. If you do not agree to the modifications, you may cease using the software.
9. APPLICABLE LAW.
To the extent your local law allows, you agree that New York State law governs the interpretation of this agreement and applies to all claims arising in connection with your use of this software. To the extent local law requires, we will not deny you your rights under local law.
10. LIMITATION ON DAMAGES AND REMEDIES.
To the extent provided for by applicable laws, Memopal accepts liability for loss or damage to private property, death or personal injury to the extent caused by the Memopal client software or caused by the negligence or deliberate misconduct of Memopal in accordance with this Section. For cases involving death or personal injury there shall be no limit on liability, but in all other cases, Memopal's liability will be limited to the maximum amount of one hundred US dollars. You must take reasonable precautions to avoid any loss (such as contacting Memopal promptly upon becoming aware of an issue) and by mitigating damages. Memopal shall only be liable for reasonably foreseeable losses arising as a direct consequence of breach by Memopal of its statutory duty. Memopal shall not be liable where the causes of the loss:
* were not reasonably foreseeable by both parties,
* were not known by Memopal at the time that this EULA was agreed to;
* arose from use of the software in violation of this EULA, or
* could have been prevented by user, such as by keeping backup copies,
* all technical requirements were not followed through, for example all updates or bug fixes provided to the user for installation were not installed.
More information at www.memopal.com