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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 effect. 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. III PRIVACY MEMORISER WEB SITE: MEMORISER web site does not use cookies to track users. However, MEMORISER affiliates and advertisers may use cookies that allow Skynergy to track who referred 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.