Legal Notices - HeartMath Help

Legal Notices: Usage, Copyright, Patents, License and Warranty

Usage & Copyright

The emWave® software system, including hardware, software and documentation is furnished under license and may only be used or copied in accordance with the terms of such license. The information in the documentation is furnished for informational use only, is subject to change without notice, and should not be construed as a commitment by Quantum Intech, Inc. (QI).

Except as permitted by such license, no part of this publication may be reproduced, stored in a retrieval system, or transmitted, in any form or by any means, electronic, mechanical, recording, or otherwise, without the prior written permission of QI.

Please remember that existing artwork or images may be protected under copyright law. The unauthorized incorporation of such artwork or images could be a violation of rights of the author(s). Please be sure to obtain any permission required from such authors.

HeartMath®, emWave®, Quick Coherence®, Personal Stress Reliever®, Coherence Coach®, Emotion Visualizer®, Emotion Visualizer Pro®, Freeze-Framer® are registered trademarks of QI. For all HeartMath trademarks, click here. Pentium is a registered trademark of Intel, Inc. All other products or name brands are trademarks of their respective holders. Written and designed by Quantum Intech, Inc., 14700 West Park Avenue, Boulder Creek, CA 95006, phone: 831-338-8700; http://www.quantumintech.com; [email protected].

For defense agencies: Restricted Rights Legend. Use, reproduction or disclosure is subject to restrictions set forth in subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer Software clause at 252.227-7013. For civilian agencies: Restricted Rights Legend. Use, reproduction or disclosure is subject to restrictions set forth in subparagraph (a) through (d) of the commercial Computer Software Restricted Rights clause at 52.227-19 and the limitations set forth in Quantum Intech’s standard commercial agreement for this software. Unpublished rights reserved under the copyright laws of the United States.

Patents

emWave® Software/Hardware

U.S. 6,358,201; 7,117,032; 7,163,512; 7,462,151 and 8,066,637. European Union 1156851. Canada 2,365,032. Australia 770323. China ZL00807109.8. Hong Kong HK1042056. Japan 4410234. Korea 10-0616370.

emWave® Personal Stress Reliever®

U.S. D554266S; 08543197

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, Inc. 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.

EMWAVE SOFTWARE LIMITED WARRANTY.

QI warrants that the SOFTWARE will perform substantially in accordance with the accompanying printed materials for a period of one year from the date of purchase (the Limited Warranty). Any implied warranties on the SOFTWARE are limited to one year.

SOME STATES/PROVINCES/COUNTRIES DO NOT ALLOW LIMITATIONS ON DURATION OF IMPLIED WARRANTIES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN THE UNITED KINGDOM: NOTHING IN THIS LIMITED WARRANTY WILL AFFECT YOUR STATUTORY RIGHTS, INCLUDING YOUR RIGHTS, IF ANY, AGAINST QI.

CUSTOMER REMEDIES. QI’s entire liability and your exclusive remedy in respect of this Limited Warranty, shall be, at QI’s option, either (a) return of the price paid or (b) repair or replacement of the SOFTWARE that does not meet this Limited Warranty, and that is returned to QI with proof of purchase (i.e., a copy of your receipt). This Limited Warranty is void if failure of the SOFTWARE has resulted from accident, abuse, or misapplication. Any replacement SOFTWARE will be warranted for the remainder of the original warranty period or thirty (30) days, whichever is longer.

IN THE U.S. & CANADA: NO OTHER WARRANTIES. To the maximum extent permitted by applicable law, QI disclaims all other warranties, either express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose, with respect to the SOFTWARE and the accompanying materials. This Limited Warranty gives you specific legal rights and you may also have other rights which may vary from state to state, province to province or country to country.

NO LIABILITY FOR CONSEQUENTIAL DAMAGES. To the maximum extent permitted by applicable law, in no event shall QI or their respective suppliers be liable for any damages whatsoever, including, without limitation, damages for loss of business profits, business interruption, loss of business information or other pecuniary loss arising out of the use or inability to use the SOFTWARE, computer failure or malfunction, or any and all other commercial damages or losses, even if QI or any of such suppliers has been advised of the possibility of such damages. In such case, QI and their respective suppliers’ entire liability shall be limited to the amount paid by you for the SOFTWARE. Because some states/provinces/countries do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you.

INQUIRIES. Should you have any questions concerning this Agreement or the Limited Warranty, or if you desire to contact QI for any other reason, please contact our subsidiary: HeartMath, Inc., 14700 West Park Avenue, Boulder Creek, CA 95006 or call 831-338-8700.

EMWAVE USB MODULE AND PULSE SENSOR LIMITED WARRANTY The Basic Coverage: The module and pulse sensor is warranted to the original owner for a period of ONE YEAR from the date of original purchase against defects in manufacturing by QI and not by the dealer from whom the equipment was purchased. What QI Will Do: If the module or pulse sensor develops such a defect within the one year period, the item will be repaired or repaced with a new or thoroughly reconditioned and inspected item provided the defective items are returned, and provided you enclose proof of purchase and date of purchase.

This Limited Warranty Does Not Cover:

1)QI will not repair defects under the limited warranty related to servicing not performed by QI. 2) QI will not provide any warranty service if your pulse sensor shows evidence that it has been tampered with, misused, or altered; for example: moisture damage, sufficient to affect the proper function of the sensor; damage to the case; or visible damage to the wire or connector. 3) QI IS NOT LIABLE FOR INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES.

Some states/provinces/countries do not allow the exclusion or limitation of incidental, special, or consequential damages, so the above exclusion or limitation may not apply to you. Your Rights Under Implied Warranties and State/Province Law: THIS LIMITED WARRANTY IS IN LIEU OF ALL OTHER EXPRESS WARRANTIES, OBLIGATIONS OR LIABILITIES. QI LIMITS THE DURATION OF ANY WARRANTY IMPLIED BY STATE/PROVINCE LAW, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TO ONE YEAR FROM THE DATE OF ORIGINAL PURCHASE.

Some states/provinces/countries do not allow limitations on how long implied warranties last, so the above limitation may not apply to you. This limited warranty gives you specific legal rights, and you may also have other rights which vary from state to state, province to province or country to country. emWave is a registered trademark of Quantum Intech, Inc. in the U.S. and other countries. © 2011 Quantum Intech, Inc. All rights reserved.

This device complies with FCC part 15 class B and CE EN 55.02 and 55.04.Tested to comply with FCC standards for home or office use.

Other Licenses and Copyrights:

Sparkle – OS X

Permission is hereby granted, free of charge, to any person obtaining a copy of this software and associated documentation files (the “Software”), to deal in the Software without restriction, including without limitation the rights to use, copy, modify, merge, publish, distribute, sublicense, and/or sell copies of the Software, and to permit persons to whom the Software is furnished to do so, subject to the following conditions: The above copyright notice and this permission notice shall be included in all copies or substantial portions of the Software.

THE SOFTWARE IS PROVIDED “AS IS”, WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. IN NO EVENT SHALL THE AUTHORS OR COPYRIGHT HOLDERS BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER LIABILITY, WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING FROM, OUT OF OR IN CONNECTION WITH THE SOFTWARE OR THE USE OR OTHER DEALINGS IN THE SOFTWARE.

Nokia Qt Framework (Commercial License) – OS X and Windows

The emWave software was built using the Nokia/Trolltech cross platform application framework under commercial license. All applicable copyrights and trademarks apply.

OS X Runtime Frameworks and Tools – OS X

The emWave software for the Mac was built using the XCode development tools and sdks. All applicable copyrights and trademarks apply.

Visual Studio and C/C++ 2010 Runtime – Windows

The emWave software for Microsoft Windows was built using the Visual studio development tools and SDKS with C/C++ 2008. All applicable copyrights and trademarks apply.

IndigoRose Setup Suite – Windows

The emWave Microsoft Windows installation and update system was built using a suite of tools developed by Indigo Rose. All applicable copyrights and trademarks apply.

This includes:

UPX executable compression (http://upx.sf.net) copyright © 1996-2010 Markus Franz Xaver Johannes Oberhumer, copyright © 1996-2010 Laszlo Molnar, copyright © 2000-2010 John F. Reiser. All Rights Reserved.