EMWAVE SOFTWARE LICENSE AGREEMENT
YOU MAY NOT LOAD OR USE THE SOFTWARE WITHOUT THE CONSENT OF THE SOFTWARE OWNER WHO DOES NOT CONSENT UNLESS YOU ACCEPT THE TERMS AND CONDITIONS IN THIS AGREEMENT. BY INSTALLING OR OTHERWISE USING THE SOFTWARE, YOU ACCEPT ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT.
This is a legal agreement (the Agreement) between you (either an individual or an entity), the end user, and Quantum Intech, Inc. (QI). Use of the enclosed software including the accompanying hardware (collectively, the SOFTWARE) indicates your acceptance of these terms and conditions.
If you do not agree to the terms of this Agreement, promptly return the SOFTWARE package and the accompanying hardware and other accompanying materials to the place you obtained them for a full refund.
1. GRANT OF LICENSE. By this Agreement, QI grants you the following rights with respect to your use of the SOFTWARE:
(a) License. If you are an individual, QI grants a license to you to install the SOFTWARE and use it for your personal use on any two computers that you own or lease – for use on only 1 computer at a time. In the case of a leased computer, you agree to remove the SOFTWARE from that computer should you cease leasing it. If you are an entity, QI grants a license to you to install the SOFTWARE on any two computers at your place of business for use as a self-directed training program on only one computer at a time. Should you wish to have additional installations of the software, please see our web site on how to purchase an Add-on Kit for an additional license and sensor.
Authorized resellers of the SOFTWARE may use the SOFTWARE to give demonstrations of the product to multiple individuals and may instruct individuals on how to use the SOFTWARE, but may not charge customers for the demonstration sessions. Health Practitioners may use the SOFTWARE as a tool in the normal course of their delivery of health services. Hospitals, clinics, companies, schools and other organizations may make the SOFTWARE available on a public computer for demonstration purposes, as long as fees are not charged for this use.
QI does not grant you a license to use the trademarked terms emWave®, Personal Stress Reliever®, Coherence Coach®, Emotion Visualizer®, Emotion Visualizer Pro®, Freeze-Framer®, Quick Coherence®, nor any other trademarked terms of QI, the HeartMath Institute or HeartMath LLC in advertising or marketing.
(b) Transfer. You may transfer the SOFTWARE licensed under this Agreement to another computer as often as you like. If you are an individual, you may have the SOFTWARE installed on multiple computers simultaneously provided that all said computers are owned or leased by you. If you are an entity, you may have the SOFTWARE installed on a single computer only at one time for use by a single individual, unless you have signed a site license agreement which supercedes this agreement. You may not distribute the SOFTWARE or accompanying materials with other products without QI’s prior written permission. You may not rent or lease the SOFTWARE, but you may transfer your rights under this Agreement on a permanent basis, provided that you transfer this SOFTWARE License Card, all copies of the SOFTWARE and all accompanying materials and the recipient agrees to the terms of this Agreement. Any transfer of the SOFTWARE must include the most recent update and all prior versions of the SOFTWARE and accompanying materials.
(c) Copying. QI grants you the right to install and use exact copies of the SOFTWARE PRODUCT on your computers. You may also make copies of the SOFTWARE PRODUCT as may be necessary for backup and archival purposes.
(d) Notice to Users. You shall inform all users of the SOFTWARE of the terms and conditions of this Agreement.
For purposes of this Agreement, use means loading the SOFTWARE into computer memory of any kind, including RAM and installation on a hard disk or other storage device. You may gain access to the SOFTWARE from a hard disk, over a network, or any other method you choose so long as you otherwise comply with this Agreement.
2. COPYRIGHT. The SOFTWARE is owned by QI and is protected by United States copyright laws and international treaty provisions. Therefore, you must treat the SOFTWARE like any other copyrighted material (e.g., a book or musical recording), except that you may transfer and make copies of the SOFTWARE in accordance with this Agreement.
3. PATENTS. No right or license is granted, either express or implied, under any patent wholly or partially owned licensed to or controlled by QI, except that a license is granted under any such patent to use the SOFTWARE in accordance with this Agreement.
4. OTHER RESTRICTIONS. This SOFTWARE License is proof of your rights to use the SOFTWARE. You may not reverse engineer, decompile, or disassemble the SOFTWARE, except as permitted by applicable law. This Agreement is governed by the laws of the State of California, U.S.A., without regard to the conflicts of laws and principles thereof.