BrainMine Standard 2005


EULA - End User License Agreement



Neural Matters Limited
Electronic End User License Agreement for BrainMine Viewer
Document Version 2004.12.22 UK (England, Scotland, Wales and Northern Ireland)

BY INSTALLING OR USING THE SOFTWARE, YOU ACCEPT ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT.

THIS IS A CONTRACT BETWEEN YOU AND NEURAL MATTERS LIMITED ("NEURAL MATTERS"), A COMPANY INCORPORATED UNDER THE LAWS OF ENGLAND AND WALES.

This Neural Matters Limited End User License Agreement accompanies a Neural MattersTM software product ("Software") and related explanatory materials ("Documentation"). The term "Software" shall also include any upgrades, modified versions, updates, additions and copies of the Software licensed to you by Neural Matters. You must read this Agreement carefully before indicating your acceptance at the end of the text of this Agreement. If you do not agree with the terms and conditions of this Agreement, decline where instructed and remove the software from your system. You should then return this Software, together with all the packaging, to Neural Matters or the location where you obtained it.

This is a License agreement and not an agreement for sale. Neural Matters continues to own the copy of the Software and the physical media contained in this package and any other copy that you are authorised to make pursuant to this Agreement. Neural Matters grants to you a non-exclusive License to use the Software and Documentation, provided that you agree to the following:

1. Use of the Software.
- You may install the Software on your "Computer System" to facilitate the display and printing of files supported by this software. “Computer System” means the hardware and software that allow the program to function.
- You may use the software free of charge for the purpose of display and print functionality.
- You may NOT redistribute this software in whole or part without a separate "Redistribution Agreement", issued by Neural Matters at their discretion.
- You may NOT reverse engineer, attempt to bypass or use any internal functionality of this product except via the end-user user graphical user interfaces provided as documented in the online help system and user guides.
- You may install and the Software on a file server for use over a local area network for the purpose of installation onto multiple Computer Systems.
- You may make backup copies of the Software, provided the backup copy is not transferred to third parties or broadcast in any way.
- You may use the photographs, clip art and other media provided with the product, in conjunction with the normal product display and print functions. You may NOT display, modify, reproduce and distribute any media from this software, in whole or in part. The media files cannot be copied or distributed except as part of the normal software installation method, onto the Permitted Number of Computers.

2. Copyrights. The Software and its components are the intellectual property of Neural Matters and are protected by English copyright law, international treaty provisions, and applicable laws of the country in which it is being used. You may not copy the Software or the Documentation except as set forth in the "Use of the Software" section. Any copies that you are permitted to make pursuant to this Agreement must contain the same copyright and other proprietary notices that appear on or in the Software. You agree not to modify, adapt or translate the Software except as expressly permitted under the Council Directive of 14 May 1991 on the Legal Protection of Computer Programs ("the Directive"). You also agree not to reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the Software except as expressly permitted under the Directive. For the avoidance of doubt, in the event of any inconsistency between the Directive and any UK legislation the terms of the Directive shall prevail.

3. Trademarks. Trademarks shall be used in accordance with accepted trademark practice, including identification of trademark owner's name. Trademarks can only be used to identify printed output produced by the Software. Such use of any trademark does not give you any rights of ownership in that trademark. Except as stated above, this Agreement does not grant you any intellectual property rights in the Software.

4. Transfer. You may not rent, lease, sublicense or lend the Software or Documentation.

5. Limited Warranty. Neural Matters warrants to you that the Software will perform substantially in accordance with the Documentation for the ninety (90) day period following your receipt of the Software. To make a warranty claim, you must return the Software to the location where you obtained it along with a copy of your sales receipt within such ninety (90) day period. If the Software does not perform substantially in accordance with the Documentation, the entire and exclusive liability of Neural Matters, and your exclusive remedy shall be limited to either, at Neural Matters' discretion, the replacement of the Software or the refund of the License fee you paid for the Software.

NEURAL MATTERS AND ITS SUPPLIERS DO NOT AND CANNOT WARRANT THE PERFORMANCE OR RESULTS YOU MAY OBTAIN BY USING THE SOFTWARE OR DOCUMENTATION. THE FOREGOING STATES THE SOLE AND EXCLUSIVE REMEDIES FOR NEURAL MATTERS OR ITS SUPPLIERS' BREACH OF WARRANTY. EXCEPT FOR THE FOREGOING LIMITED WARRANTY, AND FOR ANY WARRANTY WHICH CANNOT BE EXCLUDED OR LIMITED BY COMPULSORY LAW IN THE UNITED KINGDOM, NEURAL MATTERS AND ITS SUPPLIERS MAKE NO WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED, AS TO NONINFRINGEMENT OF THIRD PARTY RIGHTS, MERCHANTABILITY, SATISFACTORY QUALITY OR FITNESS FOR ANY PARTICULAR PURPOSE. IN NO EVENT WILL NEURAL MATTERS OR ITS SUPPLIERS BE LIABLE TO YOU FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION CONSEQUENTIAL, INCIDENTAL OR SPECIAL DAMAGES, INCLUDING ANY LOST PROFITS OR LOST SAVINGS) ARISING OUT OF THE USE OR INABILITY TO USE THE SOFTWARE EVEN IF AN NEURAL MATTERS REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY THIRD PARTY. WHERE LEGALLY LIABILITY CANNOT BE EXCLUDED, BUT IT MAY BE LIMITED, NEURAL MATTERS LIABILITY AND THAT OF ITS SUPPLIERS SHALL BE LIMITED TO THE AMOUNT PAID FOR THE SOFTWARE.

Nothing contained in this Agreement shall prejudice the statutory rights of any party dealing as a consumer. Nothing contained in this Agreement limits Neural Matters liability to you in the event of death or personal injury resulting from Neural Matters negligence.

Neural Matters is acting on behalf of its suppliers for the purpose of disclaiming, excluding and/or restricting obligations, warranties and liability as provided in this Clause 5, but in no other respects and for no other purpose.

6. Governing Law and General Provisions. This Agreement shall be governed by and construed in accordance with the substantive laws of England whose courts shall have jurisdiction over all disputes relating to this Agreement.

This is the entire agreement between Neural Matters and you relating to the Software and the Documentation and it supersedes any prior representations, discussions, undertakings, end user license agreements, communications or advertising relating to the Software and the Documentation.

If any part of this Agreement is found void and unenforceable, it will not affect the validity of the balance of the Agreement, which shall remain valid and enforceable according to its terms. You agree that the Software will not be shipped, transferred or exported into any country or used in any manner prohibited by the United Kingdom Export Acts or any other export laws, restrictions or regulations. This Agreement shall automatically terminate upon failure by you to comply with its terms. This shall not prejudice the statutory rights of any party dealing as a consumer. This Agreement may only be modified in writing signed by an authorised officer of Neural Matters.

If you have any questions regarding this agreement or if you wish to request any information from Neural Matters, please use the address information enclosed in this product to contact the local Neural Matters subsidiary serving your country or write to the Legal Department, Neural Matters Limited, 80 Morven Road, Sutton Coldfield, West Midlands B73 6NE United Kingdom.

Neural Matters is a trademark of Neural Matters Limited.



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Downloads: 182
Updated At: 2024-03-19
Publisher: Neural Matters Limited
Operating System: windows
License Type: Free Trial