Neuro Innovation: EULA

This licence has been superceded by our generic licence Feb 09...

EMDR Pro End User Licence Agreement

NEURO INNOVATIONS / CHANGING STATES

END USER LICENSE AGREEMENT (EULA)

EMDR Pro / vEMDR Pro (all Versions) / related products (all versions)

REDISTRIBUTION NOT PERMITTED

Software License for EMDR Pro / vEMDR Pro (all Versions) / related products (all versions)

IMPORTANT -- READ CAREFULLY: This License Agreement for the vEMDR Pro ("License Agreement") is a legal agreement between you (either an individual or an entity) and Changing States / Neuro Innovations for vEMDR Pro software ("Software"). By clicking on the "Accept" button, installing, copying or otherwise using the Software, you agree to be bound by the terms of this License Agreement. If you do not agree to the terms of this License Agreement, click on the "Cancel" button and/or do not install the Software.

ANY THIRD PARTY SOFTWARE, INCLUDING ANY NON-vEMDR Pro PLUG-IN, THAT MAY BE PROVIDED WITH THE SOFTWARE IS INCLUDED FOR USE AT YOUR OPTION. IF YOU CHOOSE TO USE SUCH SOFTWARE, THEN SUCH USE SHALL BE GOVERNED BY SUCH PARTY'S LICENSE AGREEMENT.

1. GRANT OF LICENSE. Changing States hereby grants to you a non-exclusive license to use the Software and Documentation subject to the following terms:

a) You may: use the Software on any single computer. Network / distributed system installations are not permitted.
b) You may evaluate the software without charge for 30 days.
c) After 30 days, to continue using the software you must purchase the software and apply an unlock code.
d) Installation must only be to c:\cs\vemdr
e) You must be qualified in EMDR or suitably trained in EMDR techniques and methods.
f) Changing States may modify this agreement without notice.

2. LICENSE RESTRICTIONS.

a) You may not: (i) permit other individuals to use the Software; (ii) modify, translate, reverse engineer, decompile, disassemble (except to the extent that this restriction is expressly prohibited by law) or create derivative works based upon the Software or Documentation; (iii) copy the Software or Documentation (except for back-up or archival purposes); (iv) rent, lease, transfer, or otherwise transfer rights to the Software or Documentation; or (v) remove any proprietary notices or labels on the Software or Documentation. The audio playback features of this Software are intended only for use with public-domain or properly licensed content.

b) You agree that you shall only use the Software and Documentation in a manner that complies with all applicable laws in the jurisdiction in which you use the Software and Documentation, including, but not limited to, applicable restrictions concerning copyright and other intellectual property rights.

c) The Software is for private use only. Copies of content files, including, but not limited to audio recordings, and which are protected by the copyright laws or related laws of any jurisdiction, may not be distributed to third parties or performed outside your normal circle of family and social acquaintances.

d) You may not use the Software in conjunction with any device or service designed to circumvent technological measures employed to control access to, or the rights in, a content file or other work protected by the copyright laws of any jurisdiction.

e) The Software embodies a copying management system. You may not circumvent or attempt to circumvent this system by any means.

3. COPIES OF SOFTWARE AND ENHANCEMENTS.

If you receive the first copy of the Software electronically and a second copy on physical media (e.g. CD, diskette, etc.), the second copy may be used for archival purposes only and may not be transferred to or used by any other person. This license does not grant you any automatic right to any enhancement or update.

4. TITLE.

Title, ownership, rights, and intellectual property rights in and to the Software and Documentation shall remain in Changing States. The Software is protected by the copyright laws of the United States and international copyright treaties. Title, ownership rights and intellectual property rights in and to the content accessed through the Software including the content contained in the Software media demonstration files shall be retained by the applicable content owner and may be protected by applicable copyright or other law. This license gives you no rights to such content.

5. DISCLAIMER OF WARRANTY: THE SOFTWARE AND DOCUMENTATION ARE PROVIDED AS IS WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NEURO INNOVATIONS / CHANGING STATES FURTHER DISCLAIMS ALL WARRANTIES, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT. THE ENTIRE RISK ARISING OUT OF THE USE OR PERFORMANCE OF THE SOFTWARE AND DOCUMENTATION REMAINS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL Changing States BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, DIRECT, INDIRECT, SPECIAL, PUNITIVE, OR OTHER DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR OTHER PECUNIARY OR OTHER LOSS) ARISING OUT OF THIS AGREEMENT OR THE USE OF OR INABILITY TO USE THE PRODUCT, EVEN IF CHANGING STATES OR NEURO INNOVATIONS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

6. INDEMNIFICATION.

This software is intended for use only with properly licensed media. It is your responsibility to ascertain whether any copyright, patent or other licenses are necessary and to obtain any such licenses to serve and/or create or compress such media and content. You agree to transmit and/or compress only those materials for which you have the necessary patent, copyright and other permissions, licenses, and/or clearances. You agree to hold harmless, indemnify and defend Changing States, from and against any losses, damages, fines and expenses (including attorneys' fees and costs) arising out of or relating to any claims that you have encoded, compressed, copied or transmitted any materials in connection with the Software in violation of another party's rights or in violation of any law.

7. TERMINATION

This License Agreement shall terminate automatically if you fail to comply with the limitations described in this license. No notice shall be required from Changing States to effectuate such termination. Upon termination, you must destroy all copies of the Software and Documentation.

9. MISCELLANEOUS.

This License Agreement shall constitute the complete and exclusive agreement between us, notwithstanding any variance with any purchase order or other written instrument submitted by you, whether formally rejected by Changing States or not. The acceptance of any purchase order you place is expressly made conditional on your consent to the terms set forth herein. The terms and conditions contained in this License Agreement may not be modified except in a writing duly signed by you and Changing States. If any provision of this License Agreement is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable, and such decision shall not affect the enforceability of such provision under other circumstances, or of the remaining provisions hereof under all circumstances. This License Agreement will not be governed by the United Nations Convention of Contracts for the International Sale of Goods, the application of which is hereby expressly excluded.

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