End User License Agreement
SOMATIC VISION INCORPORATED
SOFTWARE LICENSE AGREEMENT
NOTICE TO USER: PLEASE READ THIS CONTRACT CAREFULLY. BY USING ALL OR ANY PORTION OF THE SOMATIC VISION SOFTWARE ("SOFTWARE") YOU ACCEPT ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT. YOU AGREE THAT THIS AGREEMENT IS ENFORCEABLE LIKE ANY WRITTEN NEGOTIATED AGREEMENT SIGNED BY YOU. IF YOU DO NOT AGREE, DO NOT USE THIS SOFTWARE. IF YOU ACQUIRED THE SOFTWARE ON TANGIBLE MEDIA (e.g. CD) WITHOUT AN OPPORTUNITY TO REVIEW THIS LICENSE AND YOU DO NOT ACCEPT THIS AGREEMENT, YOU MAY OBTAIN A REFUND OF ANY AMOUNT YOU ORIGINALLY PAID IF YOU: (A) DO NOT USE THE SOFTWARE AND (B) RETURN IT, WITH PROOF OF PAYMENT, TO THE LOCATION FROM WHICH IT WAS OBTAINED WITHIN THIRTY (30) DAYS OF THE PURCHASE DATE.
1. Definitions. "Software" means (a) all of the contents of the files, disk(s), CD-ROM(s) or other media with which this Agreement is provided, including but not limited to (i) Somatic Vision or third party computer information or software. "Computer" means an electronic device that accepts information in digital or similar form and manipulates it for a specific result based on a sequence of instructions. "Somatic Vision" means Somatic Vision Incorporated, a California corporation, 2020 Shadytree Lane, Encinitas, California 92024.
2. Software License. As long as you comply with the terms of this Software License Agreement (this "Agreement"), Somatic Vision grants to you a non-exclusive license to Use the Software.
2.1 General Use. You may install and Use one copy of the Software on your compatible computer. You may install the software on additional computers as long as only one copy is in use at a time. YOU MAY ONLY USE THE SOFTWARE ON ONE COMPUTER AT A TIME.
2.2 Backup Copy. You may make one backup copy of the Software, provided your backup copy is not installed or used on any computer. You may not transfer the rights to a backup copy unless you transfer all rights in the Software as provided under Section 4.
2.3 You may not alter or modify the Software or create a new installer for the Software.
2.4 You may only use this software if you are permitted to, or it is otherwise legal to, in the country or state in which you reside. The use of the Software constitutes your affirmation that it is your responsibility to understand current laws and use the software in manners which are legal for you, and in your state or country of residence, or in the state or country in which you are using the software.
2.5 Cygnet, BioGraph, BioEra, BioExplorer or BrainMaster versions may only be registered once, on a single computer. Wild Divine, HeartMath, iFeel, BioSignals, GP8 Amp and other versions may registered two times, as long as only one copy is in use at a time. Additional registrations are provided at the sole discretion of Somatic Vision. This purchase only grants you the number of registrations specified herein.
3. Intellectual Property Ownership, Copyright Protection. The Software is protected by law, including without limitation the copyright laws of the United States and other countries, and by international treaty provisions. Aspects of this software are Patent Pending (10/867,500). Except as expressly stated herein, this Agreement does not grant you any intellectual property rights in the Software and all rights not expressly granted are reserved by Somatic Vision and its suppliers.
4. Restrictions.
4.1 Notices. You shall not copy the Software except as set forth in Section 2. Any copy of the Software that you make must contain the same copyright and other proprietary notices that appear on or in the Software.
4.2 No Modifications. You shall not modify, adapt or translate the Software. You shall not reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the Software except to the extent you may be expressly permitted to decompile under applicable law. 4.3 Transfer. You may not, rent, lease, sublicense, assign or transfer your rights in the Software, or authorize all or any portion of the Software to be copied onto another user's computer except as may be expressly permitted herein. You may, however, transfer all your rights to Use the Software to another person or legal entity provided that: (a) you notify Somatic Vision (b) you also transfer (i) this Agreement, and (ii) the Software and all other software or hardware bundled or pre-installed with the Software, including all copies, Updates and prior versions, to such person or entity; (c) you retain no copies, including backups and copies stored on a computer; and (d) the receiving party accepts the terms and conditions of this Agreement and any other terms and conditions upon which you legally purchased a license to the Software. Notwithstanding the foregoing, you may not transfer education, pre-release, or not for resale copies of the Software.
5. Updates. If the Software is an Update to a previous version of the Software, you must possess a valid license to such previous version in order to Use such Update. All Updates are provided to you on a license exchange basis. You agree that by Using an Update you voluntarily terminate your right to use any previous version of the Software. As an exception, you may continue to Use previous versions of the Software on your Computer after you Use the Update buy only to assist you in the transition to the Update, provided that: (a) the Update and the previous versions are installed on the same computer; (b) the previous versions or copies thereof are not transferred to another party or Computer unless all copies of the Update are also transferred to such party or Computer; and (c) you acknowledge that any obligation Somatic Vision may have to support the previous versions of the Software may be ended upon availability of the Update.
6. NO WARRANTY. The Software is being delivered to you "AS IS" and Somatic Vision makes no warranty as to its use or performance. SOMATIC VISION AND ITS SUPPLIERS DO NOT AND CANNOT WARRANT THE PERFORMANCE OR RESULTS YOU MAY OBTAIN BY USING THE SOFTWARE. EXCEPT FOR ANY WARRANTY, CONDITION, REPRESENTATION OR TERM TO THE EXTENT TO WHICH THE SAME CANNOT OR MAY NOT BE EXCLUDED OR LIMITED BY LAW APPLICABLE TO YOU IN YOUR JURISDICTION, SOMATIC VISION AND ITS SUPPLIERS MAKE NO WARRANTIES CONDITIONS, REPRESENTATIONS, OR TERMS (EXPRESS OR IMPLIED WHETHER BY STATUTE, COMMON LAW, CUSTOM, USAGE OR OTHERWISE) AS TO ANY MATTER INCLUDING WITHOUT LIMITATION NONINFRINGEMENT OF THIRD PARTY RIGHTS, MERCHANTABILITY, INTEGRATION, SATISFACTORY QUALITY, OR FITNESS FOR ANY PARTICULAR PURPOSE. The provisions of Section 6 and Section 7 shall survive the termination of this Agreement, howsoever caused, but this shall not imply or create any continued right to Use the Software after termination of this Agreement.
7. LIMITATION OF LIABILITY. IN NO EVENT WILL SOMATIC VISION OR ITS SUPPLIERS BE LIABLE TO YOU FOR ANY DAMAGES, CLAIMS OR COSTS WHATSOEVER OR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL DAMAGES, OR ANY LOST PROFITS OR LOST SAVINGS, EVEN IF A SOMATIC VISION REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS, DAMAGES, CLAIMS OR COSTS OR FOR ANY CLAIM BY ANY THIRD PARTY. THE USE OF THIS SOFTWARE CONSTITUTES YOUR ASSERTION THAT YOU WILL USE THE SOFTWARE ONLY IN ACCORDANCE TO LOCAL AND/OR FEDERAL REGULATIONS FOR USE OF PHYSIOLOGICAL REPRESENTATION (BIOFEEDBACK) SOFTWARE. THE FOREGOING LIMITATIONS AND EXCLUSIONS APPLY TO THE EXTENT PERMITTED BY APPLICABLE LAW IN YOUR JURISDICTION. SOMATIC VISION'S AGGREGATE LIABILITY AND THAT OF ITS SUPPLIERS UNDER OR IN CONNECTION WITH THIS AGREEMENT SHALL BE LIMITED TO THE AMOUNT PAID FOR THE SOFTWARE, IF ANY. Nothing contained in this Agreement limits Somatic Vision's liability to you in the event of death or personal injury resulting from Somatic Vision's negligence or for the tort of deceit (fraud). Somatic Vision is acting on behalf of its suppliers for the purpose of disclaiming, excluding and/or limiting obligations, warranties and liability as provided in this Agreement, but in no other respects and for no other purpose. For further information, please see the jurisdiction specific information at the end of this Agreement, if any, or contact Somatic Vision's Customer Support Department.
8. Export Rules. You agree not to ship, transfer, sell or export the Software to any individual in any country outside of the one in which it was purchased. You agree that the Software will not be shipped, transferred or exported into any country or used in any manner prohibited by the United States Export Administration Act or any other export laws, restrictions or regulations (collectively the "Export Laws"). In addition, if the Software is identified as export controlled items under the Export Laws, you represent and warrant that you are not a citizen, or otherwise located within, an embargoed nation (including without limitation Iran, Iraq, Syria, Sudan, Libya, Cuba, North Korea, and Serbia) and that you are not otherwise prohibited under the Export Laws from receiving the Software. All rights to Use the Software are granted on condition that such rights are forfeited if you fail to comply with the terms of this Agreement.
9. Governing Law. This Agreement will be governed by and construed in accordance with the substantive laws in force in the State of California.
10. General Provisions. If any part of this Agreement is found void and unenforceable, it will not affect the validity of the balance of this Agreement, which shall remain valid and enforceable according to its terms. This Agreement shall not prejudice the statutory rights of any party dealing as a consumer. This Agreement may only be modified by a writing signed by an authorized officer of Somatic Vision. Updates may be licensed to you by Somatic Vision with additional or different terms. This is the entire agreement between Somatic Vision and you relating to the Software and it supersedes any prior representations, discussions, undertakings, communications or advertising relating to the Software.
11. Compliance with Licenses. You agree that upon request from Somatic Vision or Somatic Vision's authorized representative, you will within thirty (30) days fully document and certify that use of any and all Software at the time of the request is in conformity with your valid licenses from Somatic Vision.
If you have any questions regarding this Agreement or if you wish to request any information from Somatic Vision please use the address and contact information included with this product to contact the Somatic Vision office serving your jurisdiction.
