:: licensing agreement

Whereas, for the sake of this agreement the term "memiki" shall be defined to mean any and/or all of the following:

• the memiki project
• the project founders
• any of the memiki web sites
• the memiki software, including without limitation the servent and/or any of its clones
• any front end capable of communicating with the memiki servent
• the memiki network and/or any of its operators, servers and/or participants
• any service provided through the memiki network
• any user of memiki software a/dn/or services

1. By downloading and/or in any way using the memiki software and/or its network, you agree that you have read and consent to the terms and conditions of this agreement and that you will be legally bound by them.
2. You agree that the memiki software is provided to you in accordance to the terms of the Gnu Public License (GPL), which maybe reviewed by visiting the GNU site.
3. Additionally, you agree to the following:
   1. You will not willingly participate in legal action of any kind against memiki.
   2. You will take no part, and will not in any way aid, in any investigation which may potentially lead to legal action against memiki.
   3. You will refuse to allow any evidence collected through your use of memiki to be used in a court of law.
4. You also herewith declare and warrant, under penalty of perjury, that you are not in any way connected to the Recording Industry Association of America (RIAA), the Motion Picture Association of America (MPAA) or any government or law enforcement agency.
5. In the event of an actual or threatened breach of this agreement, you understand and agree that the damages incurred or anticipated may be difficult if not impossible to ascertain and, therefore, memiki shall be entitled to seek injunctive relief without a showing of irreparable harm or actual damages, or the posting of a bond therefor, in addition to all other available remedies including, without limitation, monetary damages where applicable.
6. The obligations set forth herein shall be binding upon you and your successors and assigns world-wide. Failure to enforce any provision of this Agreement by either of the Parites shall not constitute a waiver of any term hereof by such party.
7. This Agreement supersedes and replaces all existing agreements between the Parties relating generally to the subject matter hereof, and may be modified by memiki from time to time and without warning. You agree that you may not in any way modify the terms of this agreement.
8. This Agreement shall be governed and interpreted in accordance with the laws of the jurisdiction of Den Hague, Holland, without regard to its conflict of laws provisions. If any provision of this Agreement is held to be unenforceable, invalid or illegal, then it shall be deleted from the whole and the remaining provisions shall remain valid and binding.
9. This Agreement may be executed in counterparts each of which counterpart shall be deemed an original, and all of which together shall constitute one single instrument.