Last Updated: 29 July 2025

1. Unofficial Status of This Website

This website (“Site”) is an independent, third-party resource that is not affiliated with, endorsed by, or in any manner officially connected to the developers, publishers, or copyright holders of the software product “TestMem5” (testmem5.com). All references to “TestMem5,” its trademarks, service marks, or trade names are made solely for accurate identification and descriptive purposes in accordance with fair-use principles. Nothing contained herein should be interpreted as implying a partnership, sponsorship, or endorsement between this Site and the creators or proprietors of TestMem5.

2. Provision of Unmodified Source or Mirror Files

The download packages, mirror links, and related resources made available through this Site originate from the official distribution channels of TestMem5, or from publicly accessible repositories that the TestMem5 developers themselves have designated.

  • Integrity Assurance. Before any file is posted or mirrored, the Site employs common industry practices (e.g., cryptographic hash comparison, digital‐signature checks when available) to verify that the binary and ancillary materials are bit-for-bit identical to the originals.
  • No Alterations or Re-Packaging. The Site does not decompile, recompile, modify, inject, bundle, wrap, or otherwise alter the software, its installers, supporting libraries, documentation, licensing terms, or any portion thereof.
  • Passive Hosting Role. This Site’s role is strictly limited to passive, transient hosting or linking, facilitating redundancy and ease of access for users who might experience geographic, bandwidth, or availability constraints when contacting the primary servers operated by TestMem5’s developers.

3. Purpose, Scope, and Intended Audience

The materials presented herein are provided solely for educational, archival, and informational purposes. Typical use-cases include, but are not limited to:

  1. Independent benchmarking, memory-stress testing, or stability validation by system administrators, over-clocking enthusiasts, or hardware reviewers;
  2. Classroom or laboratory demonstrations illustrating principles of memory allocation, error detection, and low-level system diagnostics;
  3. Academic or journalistic citation in whitepapers, theses, trade publications, or technical blogs.

This Site does not monetize the distribution of TestMem5 through paywalls, licensing fees, cryptocurrency mining scripts, or injected advertising within the software itself. Any on-page advertising or sponsorships are site-wide and clearly separated from the downloadable materials so as to avoid user confusion or misleading attribution.

4. Intellectual-Property Disclaimer

All copyrights, trademarks, and other proprietary rights in and to the software TestMem5, its name, logo, artwork, and associated documentation remain the exclusive property of their respective owners.

  • The Site asserts no ownership, copyright, patent, or trademark interest in TestMem5 or any third-party component included therein.
  • Where screenshots, icons, or excerpts from official documentation are reproduced, they are utilized under the doctrines of fair use and fair dealing for purposes such as commentary, news reporting, teaching, or research.
  • Any request by the rightful owner for the removal or modification of protected content will be honored promptly (see Section 8).

5. User Assumption of Risk & Limitation of Liability

5.1 No Warranties

The software, files, and information provided via this Site are supplied “AS IS,” “WITH ALL FAULTS,” and “AS AVAILABLE,” WITHOUT WARRANTY OF ANY KIND, whether express, implied, statutory, or otherwise. Without limiting the foregoing, the Site disclaims all implied warranties of merchantability, fitness for a particular purpose, quiet enjoyment, title, and non-infringement.

5.2 System Damage, Data Loss, and Compatibility

Running diagnostic or stress-testing utilities—especially those that push hardware to edge-case thresholds—inherently involves the risk of hardware malfunction, thermal runaway, data corruption, or system instability. By downloading or executing TestMem5 obtained through this Site, you acknowledge and accept full responsibility for:

  • Any direct, indirect, incidental, consequential, or special damages, including but not limited to loss of data, loss of business, downtime, or hardware degradation;
  • Ensuring that your hardware is adequately cooled, powered, and configured for intensive workloads;
  • Creating verified backups of critical data prior to conducting tests.

5.3 Indemnification

You agree to indemnify, defend, and hold harmless the Site’s operators, contributors, hosting providers, and affiliated entities from and against any and all claims, liabilities, damages, losses, or expenses (including reasonable attorneys’ fees) that arise out of or relate to your access to, use of, or inability to use the software or materials furnished through this Site.

6. No Professional or Legal Advice

All content on this Site, including but not limited to tutorials, configuration guides, or commentary, is provided for general informational purposes only. Nothing herein constitutes—or should be construed as—legal, technical, or professional advice tailored to your particular circumstances. For legal, compliance, or regulatory questions, you must consult qualified counsel licensed in the relevant jurisdiction. The Site’s content creators are not acting as attorneys, and no attorney-client relationship is formed through your use of the Site.

7. Jurisdictional and Regulatory Considerations

  • Export Controls. Depending on your locale, exporting or downloading certain software, encryption algorithms, or technical data may be restricted. You are solely responsible for complying with domestic and international export laws and regulations applicable to your jurisdiction.
  • Local Usage Restrictions. Some countries or enterprises impose policies limiting the operation of memory-stress software on corporate or governmental hardware. Verify your local policies before deploying TestMem5 in such environments.

8. DMCA & Takedown Policy

The Site respects the intellectual-property rights of developers and rights holders. Pursuant to the Digital Millennium Copyright Act (“DMCA”), or analogous legislation in other jurisdictions, the Site will:

  1. Promptly review any properly-formatted takedown notice alleging copyright infringement;
  2. Disable access to, or remove, allegedly infringing material expeditiously upon verification of the claim;
  3. Notify the affected user or contributor, where applicable, of the removal;
  4. Provide a mechanism for a counter-notification in accordance with statutory requirements.
    Takedown requests should include sufficient information to locate the content (e.g., URL path, file name, timestamp) and proof of ownership. Formal notices may be submitted via the contact channels listed in Section 11.

9. Third-Party Links & External Websites

This Site may contain hyperlinks to external web pages, forums, or repositories (including, but not limited to, the official TestMem5 site at https://testmem5.com). Such links are furnished exclusively for user convenience. The Site does not review, control, or endorse the content, security posture, privacy policies, or practices of any external sites. Accessing external links is at your own risk, and you should review their terms and policies independently.

10. Modification of Terms

The Site reserves the right to revise, update, or otherwise modify this Disclaimer at any time, without prior notice, to reflect changes in legal requirements, operational practices, or software distribution mechanisms. The “Last Updated” date at the top of this page will be amended accordingly. Continued use of the Site after such changes constitutes acceptance of the revised terms.

11. Contact Information

For inquiries pertaining to this Disclaimer, DMCA notices, or other legal matters, please contact the Site administrator using the form or email address provided on the “Contact” page. When corresponding, please include:

  • Your full name and, if applicable, organization;
  • A clear subject line (e.g., “DMCA Notice – TestMem5”);
  • Sufficient detail to enable us to identify the material or issue in question.

12. Severability & Entire Agreement

Should any provision of this Disclaimer be held unlawful, void, or unenforceable, that clause shall be deemed severable and shall not affect the validity or enforceability of the remaining provisions. This document constitutes the entire agreement between you and the Site regarding the subject matter herein and supersedes any prior or contemporaneous understandings, whether written or oral.

13. Acknowledgment

By accessing, downloading, or otherwise using TestMem5 via this Site, you acknowledge that you have read, understood, and agreed to be bound by every term of this Disclaimer.