MEXT Software End User License Agreement

Last Updated: May 2026

1. Applicability. This end user license agreement (“Agreement”) dictates the terms and conditions associated with using MEXT software (“Software”), created by MEXT Corporation (“MEXT”). Any possession or usage of Software constitutes acceptance to the terms outlined in this Agreement.
2. Terms. This Agreement includes supporting material accompanying the Software or referenced by MEXT, which may be software license information, additional license authorization, software specifications, published warranties, supplier terms, open-source software licenses and similar content (“Supporting Material”).
3. Authorization. Any person(s) who accepts this Agreement on behalf of another person or entity warrants that they have the authority to do so.
4. Consumer Rights. For any person(s) who obtains this software as a consumer, nothing in this Agreement shall affect their statutory rights.
5. Electronic Delivery. Electronic transmission or downloading may be the mechanism by which MEXT elects to deliver Software or related software / license information.
6. License Grant. Once this Agreement is accepted, MEXT grants a non-transferable license to use a single copy of the specific version / release internally only. This license is subject to what is outlined in the software licensing information within the product itself or as outlined in the Supporting Material.
7. Compliance Monitoring. The Software may require certain technical protection measures. MEXT has the right to monitor Agreement compliance, remotely or otherwise. In the event the Software is installed in an isolated network or environment where remote monitoring is not feasible, the End User agrees to provide usage reports or other reasonable proof of compliance upon MEXT's request. Any program created by MEXT to manage licenses, record usage, or report usage must be implemented within 90 days of the date that the program becomes available.
8. Ownership. This Agreement does not allow for any transference of ownership of any intellectual property (IP).
9. Copyright Notices. Users must reproduce copyright notices on software and documentation for authorized copies.
10. Operating Systems. Only certain approved hardware and configurations should be leveraged to implement operating system software. Use of Software in environments not listed in Supporting Materials may void support agreements unless otherwise agreed upon in writing.
11. 90-Day Limited Warranty for MEXT Software.
    1. MEXT Software is malware-free at the time of delivery. If this requirement is not met, users can alert MEXT within 90 days of delivery and MEXT shall replace users’ copy at no cost.
    2. MEXT does not warrant that Software will be error-free, particularly in environments distinct from the optimal configurations recommended by MEXT in Supporting Material. To the extent permitted by law, MEXT disclaims all other warranties.
12. Intellectual Property Rights Infringement. MEXT will defend or resolve any claims brought against you that allege infringement of third-party intellectual property rights by MEXT-branded software provided under this Agreement. For this defense, MEXT relies on your timely notification of such claims and your cooperation. MEXT may choose to modify the software to remove any infringement while maintaining its essential functionality or may secure a license for its use. If neither option is feasible, MEXT will refund the initial amount paid for the software within the first year or its depreciated value afterward. MEXT is not liable for claims resulting from unauthorized software use.
13. Limitation of Liability. Under this Agreement, MEXT's liability to you is capped at the amount you actually paid for the relevant software, except as specified in Section 12 ("Intellectual Property Rights Infringement"). MEXT will not be responsible for lost profits, lost revenue, downtime expenses, data loss or damage, or any indirect, special, or consequential damages. This limitation does not apply to either party’s liability for unauthorized use of intellectual property, death or injury caused by negligence, fraud, intentional breach of the Agreement, or any liability that cannot be legally excluded or limited.
14. AI Operation and Data Processing.
    1. Metadata Analysis. The Software utilizes an AI engine to analyze system-level metadata—including memory access frequencies, timestamps, and page-level behavioral patterns—to optimize memory tiering.
    2. Non-Inspection of Payload. MEXT warrants that the Software does not read, inspect, or store the actual content ("Payload") of the memory pages being moved. The optimization process is architected to be content-agnostic.
    3. Local Execution. All AI inference and training for memory optimization occur locally on the host machine. No application payload data is transmitted to MEXT.
15. Telemetry and Analytics.
    1. Purpose and Scope. To provide analytics dashboards and monitor software health, the Software may collect telemetry data. This includes system performance metrics, license status, and application-specific usage data (e.g., "Top N" applications by memory consumption).
    2. Optional Participation. The collection of telemetry and analytics is not required for the core operation of the Software. The End User may opt-out or disable these features at any time within the Software configuration settings.
    3. Data Usage. MEXT uses this data solely to provide visual insights to the End User and to improve software performance. MEXT does not sell or share this application-level metadata with third parties.
16. Ownership of Data.
    1. End User Ownership. All data processed, cached, or analyzed by the Software remains the sole and exclusive property of the End User.
    2. No Residual Footprint. Upon termination of this Agreement or uninstallation of the Software, all memory pages are returned to standard hardware states. MEXT retains no copies, forensic traces, or "learned" weights derived from the End User’s proprietary application data.
17. Termination. This Agreement’s terms hold until terminated or upon the date of expiration, for limited-term licenses. If the terms of this Agreement are violated, the user’s rights under this Agreement will also be terminated. Upon termination, MEXT software, documentation, and all copies (except one for archival purposes) must be destroyed or returned to MEXT. MEXT may request that users certify in writing compliance with this section. Warranty disclaimers, the limitation of liability, this section on termination, and Section 18 ("General") will survive termination.
18. General
    1. Assignment. This Agreement may not be assigned without prior written consent from MEXT, payment of transfer fees, and compliance with MEXT Software license transfer policies. Authorized assignments will terminate license to Software; Software, documentation, and copies must then be delivered to the assignee. Assignee must then agree in writing to this Agreement.
    2. U.S. Government. If MEXT software is licensed for use in the performance of U.S. Government prime contracts or subcontracts, computer software documentation and technical data for commercial items are licensed under MEXT’s standard commercial license.
    3. Global Trade Compliance. By accepting this Agreement, you agree to comply with trade-related laws and regulations of the U.S. and other national governments. Exporting, importing, or other kinds of transferring of MEXT products means you are responsible for the acquisition of additional export / import authorizations, as needed. You also represent and warrant that you are not located in trade control sanctioned countries, nor will you retransfer MEXT products to these countries: Cuba, Iran, North Korea, North Sudan, Syria, Russia. MEXT may suspend its performance under this Agreement as required by laws applicable to either party.
    4. Audit. MEXT reserves the right to audit you for compliance regarding software license terms. This audit can be conducted during normal business hours and the auditor costs will be at MEXT’s expense. Any audit that reveals underpayments means that users must submit these payments to MEXT. If the payment amount is higher than five (5) percent, MEXT must be reimbursed by you for auditor costs.
    5. Open Source Components. If any Supporting Material is provided under open source licenses, those licenses will take precedence over this Agreement for the specific open source component. In cases where the Supporting Material is governed by the GNU General Public License or the GNU Lesser General Public License: if you submit a written request to MEXT, MEXT will provide you with a copy of the source code. MEXT may charge a reasonable fee for distribution of otherwise available source code.
    6. Notices. Notices in writing under this Agreement may be sent to MEXT using the method specified in the Supporting Material.
    7. Governing Law. The laws of the State of Delaware, U.S.A., will govern this Agreement, excluding its choice of law and conflict of law provisions. Both you and MEXT agree that the United Nations Convention on Contracts for the International Sale of Goods shall not apply.
    8. Force Majeure. Neither you nor MEXT will be held liable for delays or failure to perform resulting from causes beyond their reasonable control, excluding payment obligations.

• • Unless otherwise specified in any Supporting Material documentation, the use of the MEXT Software license is subject to what is outlined below:
  • Do not copy, distribute, resell, or sublicense Software to any third parties.
  • Do not make Software available on any public or external distributed network.
  • Do not disassemble, decompile, or derive alternative versions of Software.
  • Users can choose to make a single copy of the Software for archival purposes or for clearly-defined reasons as may be outlined in Supporting Material.

Entire Agreement. This Agreement constitutes the complete understanding between you and MEXT regarding its subject matter and overrides any prior communications or agreements. Any changes to this Agreement must be made through a written amendment signed by both parties. If MEXT delays in exercising any rights under this Agreement, such delay is not a waiver of its rights.