Neuro Innovations software product licence

End User Licence Agreement (EULA)

NEURO INNOVATIONS
END USER LICENSE AGREEMENT (EULA)

REDISTRIBUTION NOT PERMITTED

Software License for all Neuro Innovations products - all Versions

IMPORTANT -- READ CAREFULLY: This License Agreement for all Neuro Innovations products ("License Agreement") is a legal agreement between you (either an individual or an entity) and Neuro Innovations / Changing States / Bill Frost as required.

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 PLUG-IN OR THIRD PARTY PRODUCT, 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.

Neuro Innovations 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 for the use of a single specified user. For backup purposes the software may be installed on a second computer but only for the use of the single specified user. A second licence will need to be purchased if the user is not the original user.
b) Where applicable eg in the case of unlicensed products present on the installation CD 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. If a request for an unlock code is sent without there being a corresponding licence purchase the unlock code request shall be deemed to be an order and an invoice will be generated accordingly. Unlock codes shall not be generated until payment has been made.
d) Installation must only be to c:\CS\
e) In the case of EMDR Pro or EMDR Lite you are advised to be qualified in EMDR or suitably instructed in the use of the software, EMDR techniques and methods in the case of client use.
f) Neuro Innovations may modify this agreement without notice.

2. LICENSE RESTRICTIONS.

a) You may not:

(i) permit other individuals or organisations 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, resell or otherwise transfer rights to the Software or Documentation; or 
(v) remove any proprietary notices or labels on the Software or Documentation.  
(vi) Any audio playback features of any Neuro Innovations products are intended only for use with public-domain or properly licensed content.
(vii) run the software as a networked / distributed installation.
(ix) run the software as multiple concurrent installations without corresponding licences having been purchased.
(viii) Utilise any screenshot, audio / video recording or other rendering as part of any public broadcast or publication that in any way negatively depicts the software or any psychotherapeutic specialisation, technique or group in the view of Neuro Innovations.

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, images and video files 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. This includes attempts to decomile or re-engineer.

f) Neuro Innovations reserves the right to not provide additional unlock codes in cases where, in Neuro Innovations’ view, concurrent use of software is probable.

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 or implicit 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 Neuro Innovations.  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 INOVATIONS 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 NEURO INOVATIONS 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 LOSS) ARISING OUT OF THIS AGREEMENT OR THE USE OF OR INABILITY TO USE THE PRODUCT, EVEN IF NEURO INOVATIONS 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 Neuro Innovations, 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 (other than materials provided by Neuro Innovations) 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 Neuro Innovations 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 Neuro Innovations 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 Neuro Innovations.  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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