MemoryBoost Pro 2.5

Article 1: DEFINITIONS

"Tenebril" is meant to refer to Tenebril Incorporated, a Delaware corporation located at PO Box 2421,

Cambridge, MA 02138-2421.

"Product" is meant to refer to the software product with which this Agreement is distributed,

all related physical and digital materials including but not limited to manuals, documentation,

images, marketing materials, web pages, web materials, and links to the aforementioned.

Article 1: DEFINITIONS

"Tenebril" is meant to refer to Tenebril Incorporated, a Delaware corporation located at PO Box 2421,

Cambridge, MA 02138-2421.

"Product" is meant to refer to the software product with which this Agreement is distributed,

all related physical and digital materials including but not limited to manuals, documentation,

images, marketing materials, web pages, web materials, and links to the aforementioned.

"Distribution" is meant to refer to the Product in the form in which it is available for download

from Tenebril's web site.

"End User" is meant to refer to the End User user of the Product.

Article 2: END USER RIGHTS AND RESPONSIBILITIES

The End User may duplicate and distribute the Product as the Distribution as long as the Distribution

is not modified before or during the process. The End User may not sell the Distribution to others,

may not claim ownership of the Product or Distribution, may not advertise the Product or Distribution

as his own, and may not engage in any other marketing, sales or related activities that would

imply ownership or authorship of the product and/or its rights.

The End User may include the Product in a collection for sale, or accessible for fee, as long as the

amortized cose of the Product does not exceed $0.50 US.

The End User may not reverse-engineer, decode, or otherwise attempt to discover the inner-workings

of the Product.

Article 3: TENEBRIL'S RIGHTS AND RESPONSIBILITIES

Tenebril is not responsible for any loss of intellectual property, revenue, data, or any other information

or property resultant from the use of the Product. The End User agrees to indemnify and hold harmless

Tenebril for all costs arising directly or indirectly from the use or the Product and/or distribution of the

Distribution.

Tenebril retains full ownership of all trademarks, copyrights and patents indirectly or directly related

to, enclosed, exercised or otherwise employed in the Product that it owns. No license of any patent,

copyright, or any other right in respect of the Product, other than as necessary to enable the exercise

of the rights specifically granted herein, is granted to the Affiliate under this Agreement by implication

or otherwise. This Agreement shall not constitute any representation, warranty, or guarantee to the

End User by the disclosing Party that Confidential Information does not infringe patents, copyrights, or

any other rights of third parties.

Article 4: NO OTHER BUSINESS RELATIONSHIP

This Agreement does not represent, and in no way implies:

a) a partnership, joint venture or other commercial relationship between the Parties;

b) an authorization for either Party to act as the agent or representative of the other;

c) an agreement or commitment by either Party to purchase, acquire, develop, or use the products or

services of the other Party; or

d) an encouragement to either Party to expend funds or other resources in the development of products

or services.

Article 5: EXPORT CONTROL

The Parties recognize that the communication or transfer of any information supplied pursuant to the

discussions and exchanges of information contemplated hereby, or the supply of any devices

fabricated therewith, to or for a country other the United States of America may be subject to the

specific prior approval of the Government of the United States of America, or various agencies of

the Government. The Affiliate agrees to comply with all such laws and obtain all required approvals.

Article 6: LIABILITIES AND REMEDIES

TENEBRIL DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES RELATED TO THE PRODUCT,

AND SHALL HAVE NO LIABILITY WHATSOEVER IN RESPECT OF ANY ITEMS DISCLOSED,

LICENSED, OR UNRESTRICTED BY IT PURSUANT TO THIS AGREEMENT.

Article 7: APPLICABLE LAW

This Agreement shall be governed by and construed in accordance with the laws of the

Commonwealth of Massachusetts and the federal laws of the United States of America applicable

therein. The parties expressly disclaim the application of the principles of conflict of law or that body

of law regarding choice of law. Recipient attorns to the jurisdiction of the courts of Massachusetts

for any litigation related to this Agreement and agrees that such courts constitute a convenient forum.

Emmanuel GERARD 2006-11-03 22:21:26

That was not what I was searching for ...

Excuse me, I've tried your software butit was not what I'm searching yesterday .
It seems to me a little difficult for someone, who like me, doesn't speak a good english .
I didn't understand all the pages and rules .
But I'm sure this is a good software .
E.G