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Terms of Service | Privacy Policy | Security Statement
THE LEGAL AGREEMENTS SET OUT BELOW GOVERN YOUR USE OF THE Medeia Inc BrainView® DEVICES AND/OR SOFTWARE APPLICATIONS (“PRODUCT”).
Medeia Inc BrainView® is not responsible for typographic errors.
IMPORTANT - READ CAREFULLY: By USING THE PRODUCT (“PRODUCT”) and integrated PRODUCT SOFTWARE (“SOFTWARE”), You agree to be and are hereby bound by the terms of this Agreement (“Agreement”). If you do not agree to the terms of this Agreement, you must promptly destroy all copies of the Software and accompanying documentation (“Documentation”).
This product software, including the algorithm, which includes a range of variation, is protected by copyright. All rights are reserved under United States Copyright LAW and WORLD INTELLECTUAL PROPERTY ORGANIZATION (WIPO) and all applicable national copyright laws and bilateral treaties. Excluding the generated reports and graphs, no part may be reproduced, transmitted or stored in any form without the permission, in writing, from the copyright owner. The product is for the use of the purchaser only for prescription only in medical clinics, healthcare practices and out-patient department of a hospital and the right to use the product is nontransferable.
By using this product the user/provider understands that he/she is responsible for his/her diagnosis and determination as to the course of treatment to be undertaken. BrainView® and Medeia Inc and its agents and independent distributors are held harmless by the user/provider for any of his/her acts or omission in the course of rendering care. User also understands that it is his/her responsibility to determine if the use of this product/software/testing method is within his/her scope of practice and within the jurisdiction in which the product and testing method are used.
ELECTRONIC UPDATES
You acknowledge that periodic system upgrades are required and you fully authorize Medeia Inc to perform minor product software Upgrades. You may be required to have certain hardware and SOFTWARE, which are your sole responsibility to perform such system upgrades.
TERMS AND CONDITIONS
THIS LEGAL AGREEMENT BETWEEN YOU AND Medeia Inc. Medeia Inc GOVERNS YOUR USE OF THE BrainView® DEVICE AND SOFTWARE APPLICATION (THE “PRODUCT”).
THE PRODUCT
Medeia Inc is the provider of the PRODUCT for end user use only under the terms and conditions set forth in this Agreement.
REQUIREMENTS FOR USE OF THE PRODUCT
This PRODUCT is available for prescription only in medical clinics, healthcare practices and out-patient departments of hospitals.
The PRODUCT is available to you only in its territories, and possessions. You agree not to use or attempt to use the PRODUCT from outside these country locations. Medeia Inc may use technologies to verify your compliance.
Use of the PRODUCT requires compatible devices, Internet access, and certain SOFTWARE (fees may apply); may require periodic updates; and may be affected by the performance of these factors. High-speed Internet access is strongly recommended for regular use. The latest version of required SOFTWARE is recommended to access the PRODUCT and may be required to download updates and upgrades of the SOFTWARE. You agree that meeting these requirements, which may change from time to time, is your responsibility. The SOFTWARE is not part of any other product or offering, and no purchase or obtaining of any other product shall be construed to represent or guarantee you access to the PRODUCT.
CONTENT AVAILABILITY
Medeia Inc and BrainView® reserves the right to change content options (including eligibility for particular features) without notice.
USE OF PURCHASED SOFTWARE CONTENT
You agree that the PRODUCT and certain Products include security technology that limits your use of Products and that, whether or not Products are limited by security technology, you shall use Products in compliance with the applicable usage rules established by BrainView® and its licensors (“Usage Rules”), and that any other use of the Products may constitute a copyright infringement. Any security technology is an inseparable part of the Products. BrainView® reserves the right to modify the Usage Rules at any time. You agree not to violate, circumvent, reverse-engineer, decompile, disassemble, or otherwise tamper with any of the security technology related to such Usage Rules for any reason—or to attempt or assist another person to do so. Usage Rules may be controlled and monitored by BrainView® for compliance purposes, and BrainView® reserves the right to enforce the Usage Rules without notice to you. You agree not to access the PRODUCT by any means other than through SOFTWARE that is provided by BrainView® for accessing the PRODUCT. You agree not to modify the SOFTWARE in any manner or form, or to use modified versions of the SOFTWARE, for any purposes including obtaining unauthorized access to the PRODUCT. Violations of system or network security may result in civil or criminal liability.
USAGE RULES
(i) You shall be authorized to use Products only for prescription only in medical clinics, healthcare practices and out-patient department of a hospital.
You acknowledge that, because some aspects of the PRODUCT, BrainView® Products, and administration of the Usage Rules entails the ongoing involvement of BrainView®, if BrainView® changes any part of or discontinues the PRODUCT and SOFTWARE, which BrainView® may do at its election, you may not be able to use Products to the same extent as prior to such change or discontinuation, and that BrainView® shall have no liability to you in such case.
INTELLECTUAL PROPERTY
You agree that the PRODUCT and SOFTWARE, including but not limited to BrainView® Products, graphics, user interface, audio clips, video clips, editorial content, and the scripts and SOFTWARE used to implement the PRODUCT, contains proprietary information and material that is owned by BrainView® and/or its licensors, and is protected by applicable intellectual property and other laws, including but not limited to copyright. You agree that you will not use such proprietary information or materials in any way whatsoever except for use of the PRODUCT in compliance with this Agreement. No portion of the PRODUCT may be reproduced in any form or by any means, except as expressly permitted in these terms. You agree not to modify, rent, lease, loan, sell, distribute, or create derivative works based on the PRODUCT in any manner, and you shall not exploit the SOFTWARE in any unauthorized way whatsoever, including, but not limited to, by trespass or burdening network capacity.
Notwithstanding any other provision of this Agreement, BrainView® and its licensors reserve the right to change, suspend, remove, or disable access to any Products, content, or other materials comprising a part of the PRODUCT at any time without notice. In no event will BrainView® be liable for making these changes. BrainView® may also impose limits on the use of or access to certain features or portions of the PRODUCT, in any case and without notice or liability.
All copyrights in and to the PRODUCT (including the compilation of content, postings, links to other Internet resources, and descriptions of those resources) and related PRODUCT are owned by BrainView® and/or its licensors, who reserve all their rights in law and equity. THE USE OF THE PRODUCT OR ANY PART OF THE PRODUCT, EXCEPT FOR USE OF THE PRODUCT AS PERMITTED IN THIS AGREEMENT, IS STRICTLY PROHIBITED AND INFRINGES ON THE INTELLECTUAL PROPERTY RIGHTS OF OTHERS AND MAY SUBJECT YOU TO CIVIL AND CRIMINAL PENALTIES, INCLUDING POSSIBLE MONETARY DAMAGES, FOR COPYRIGHT INFRINGEMENT.
BrainView® , the BrainView® logo, and other BrainView® trademarks, SOFTWARE marks, graphics, and logos used in connection with the SOFTWARE are trademarks or registered trademarks of Medeia Inc in the U.S. and/or other countries. Other trademarks, SOFTWARE marks, graphics, and logos used in connection with the SOFTWARE may be the trademarks of their respective owners. You are granted no right or license with respect to any of the aforesaid trademarks and any use of such trademarks.
TERMINATION
If you fail, or BrainView® suspects that you have failed, to comply with any of the provisions of this Agreement, BrainView® , at its sole discretion, without notice to you may: (i) terminate this Agreement, and you will remain liable for all amounts due up to and including the date of termination; and/or (ii) terminate the license to the PRODUCT; and/or (iii) preclude access to the PRODUCT and SOFTWARE (or any part thereof).
BrainView® reserves the right to modify, suspend, or discontinue the PRODUCT (or any part or content thereof) at any time with or without notice to you, and BrainView® will not be liable to you or to any third party should it exercise such rights.
Surviving Terms: The provisions of Sections "Fees", "Limitation of Liability", "Waiver And Indemnity", "Confidential Information", and "Intellectual Property" shall survive the termination of this Agreement.
CHANGES
BrainView® reserves the right at any time to modify this Agreement and to impose new or additional terms or conditions on your use of the PRODUCT. Such modifications and additional terms and conditions will be effective immediately and incorporated into this Agreement. Your continued use of the PRODUCT will be deemed acceptance thereof.
HIPAA Compliance for Covered Entities and/or Business Associates
In performing Customer’s obligations under this Agreement, and to the extent that Customer meets the definition of a “Covered Entity” or a “Business Associate” under the Health Insurance Portability and Accountability Act of 1996 and the amendments and regulations promulgated thereunder (“HIPAA”), and to the extent that Customer’s Content includes protected health information (“PHI”), as such term is defined in HIPAA, Customer represents and warrants that it is and shall remain HIPAA compliant during the Term and that it will comply with the HIPAA requirements to protect the privacy and security of the PHI and provide individuals with certain rights with respect to their PHI.
To the extent Medeia Inc has access to or possesses any Content which may include PHI, Medeia Inc agrees to implement reasonable technical and physical security measures to safeguard the security the confidentiality of such information.
FEES
Customer shall pay to Medeia Inc any and all fees associated with Customer’s use of the PRODUCT and Software or the BrainView System in accordance with the terms of this Agreement and any other written agreement between the parties related to such use including quotations, proposals, purchase orders, sales orders, service agreements, and contract research agreements (collectively referred to as “Sales Order”). Subject to the terms of the Sales Order, Medeia Inc may change its prices on any Sales Order at any time provided thirty (30) days advance notice of the change. Notwithstanding the termination of this Agreement, Customer shall continue to be obligated to pay to Medeia Inc all fees due as set forth in this Agreement that, as of the date of such termination, are due and payable to Medeia Inc.
Any payment under this Agreement not received within thirty (30) days of the date due shall bear interest from the date due at the rate of one (2%) per month or the maximum rate permitted by applicable law, whichever is less. Further, in the event that any payment due to Medeia Inc is collected at law or through an attorney-at-law, or under advice therefrom, or through a collection agency, Customer agrees to pay all costs of collection, including, without limitation, all court costs and reasonable attorney’s fees.
STATUTORY EXCEPTIONS FOR PUBLIC INSTITUTIONS
If you are a qualified public educational or government institution and any part of this Agreement, such as, by way of example, all or part of the indemnification section, is invalid or unenforceable against you because of applicable state or federal law, then that portion shall be deemed invalid or unenforceable, as the case may be, and instead construed in a manner most consistent with applicable governing law. If Texas law is precluded, this Agreement shall be construed under the laws of the state in which your public educational or government institution is located.
PRODUCT MAINTENANCE AND SUPPORT
BrainView® will be responsible for providing any maintenance and PRODUCT support with respect to the BrainView® Products only, as specified in the Licensed Application End User License Agreement or the separate end user license agreement, as the case may be, or as required under applicable law. The Application Provider of any Third-Party Product will be solely responsible for providing maintenance and PRODUCT support with respect to that Product, as specified in the Licensed Application End User License Agreement or the Application Provider end user license agreement, as the case may be, or as required under applicable law.
LICENSED APPLICATION END USER LICENSE AGREEMENT
The BrainView® PRODUCT (PRODUCT) made available through Medeia Inc are licensed, not sold, to you. Your license to each PRODUCT that you obtain is subject to your prior acceptance of this Licensed Application End User License Agreement (“Standard EULA”), and you agree that the terms of this Standard EULA will apply to each PRODUCT that you license through Medeia Inc Your license to any BrainView® Product under this Standard EULA or separate end user license agreement is granted by Medeia Inc, and your license to any Third-Party Product under this Standard EULA or separate end user license agreement is granted by the Application Provider of that Third-Party Product. If any BrainView® product is subject to the license granted under this Standard EULA is referred to herein as the “Licensed Application”. The Application Provider or BrainView® as applicable (“Licensor”) reserves all rights in and to the Licensed Application not expressly granted to you under this Standard EULA.
a. Scope of License: This license granted to you for the Licensed Application by Licensor is limited to a nontransferable license to use the Licensed Application on any BrainView® - branded products as applicable. This license does not allow you to use the Licensed Application on any BrainView® Device that you do not own or control, and except as provided in the Usage Rules, you may not distribute or make the Licensed Application available over a network where it could be used by multiple devices at the same time. You may not rent, lease, lend, sell, transfer redistribute, or sublicense the Licensed Application and, if you sell your Computer Or BrainView® device to a third party, you must remove the Licensed Application from the Computer or BrainView® Device before doing so. You may not copy (except as expressly permitted by this license and the Usage Rules), decompile, reverse-engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Licensed Application, any updates, or any part thereof (except as and only to the extent that any foregoing restriction is prohibited by applicable law or to the extent as may be permitted by the licensing terms governing use of any open-sourced components included with the Licensed Application). Any attempt to do so is a violation of the rights of the Licensor and its licensors. If you breach this restriction, you may be subject to prosecution and damages.
The terms of this license will govern any upgrades provided by Licensor that replace and/or supplement the original Licensed Application, unless such upgrade is accompanied by a separate license in which case the terms of that license will govern.
b. Consent to Use of Data: You agree that Licensor may collect and use technical data and related information - including but not limited to technical information about your device, system and application SOFTWARE, and peripherals—that is gathered periodically to facilitate the provision of SOFTWARE updates, product support, and other PRODUCT to you (if any) related to the Licensed Application. Licensor may use this information, as long as it is in a form that does not personally identify you, to improve its products or to provide SOFTWARE or technologies to you.
c. Termination. The license is effective until terminated by you or Licensor. Your rights under this license will terminate automatically without notice from the Licensor if you fail to comply with any term(s) of this license. Upon termination of the license, you shall cease all use of the Licensed Application and destroy all copies, full or partial, of the Licensed Application.
d. External PRODUCT and SOFTWARE; Third-Party Materials. The Licensed Application may enable access to Licensor’s and/or third-party SOFTWARE and websites (collectively and individually, “External PRODUCT”). Use of the External PRODUCT requires Internet access and use of certain External PRODUCT requires you to accept additional terms. By using this SOFTWARE you agree to the latest Terms and Conditions and Usage Rules, which you may access and review at www.medeia.com or request a copy at [email protected]
You agree that the External PRODUCT contain proprietary content, information and material that is owned by Licensor and/or its agents or licensors, and is protected by applicable intellectual property and other laws, including but not limited to copyright, and that you will not use such proprietary content, information or materials in any way whatsoever except for permitted use of the External PRODUCT or in any manner that is inconsistent with the terms of this Standard EULA or that infringes any intellectual property rights of a third party or BrainView® . No portion of the External PRODUCT may be reproduced in any form or by any means. You agree not to modify, rent, lease, loan, sell, distribute, or create derivative works based on the External PRODUCT, in any manner, and you shall not exploit the External PRODUCT in any unauthorized way whatsoever, including but not limited to, using the External PRODUCT to transmit any computer viruses, worms, trojan horses or other malware, or by trespass or burdening network capacity. You further agree not to use the External PRODUCT in any manner to harass, abuse, stalk, threaten, defame or otherwise infringe or violate the rights of any other party, and that neither Licensor nor its agents is in any way responsible
for any such use by you, nor for any harassing, threatening, defamatory, offensive, infringing or illegal messages or transmissions that you may receive as a result of using any of the External PRODUCT.
In addition, External PRODUCT and Third Party Materials that may be accessed from, displayed on or linked to from the BrainView® Devices are not available in all languages or in all countries or regions. Licensor makes no representation that such External PRODUCT and Materials are appropriate or available for use in any particular location. To the extent you choose to use or access such External PRODUCT and Materials, you do so at your own initiative and are responsible for compliance with any applicable laws, including but not limited to applicable local laws. Licensor reserves the right to change, suspend, remove, or disable access to any External PRODUCT at any time without notice. In no event will Licensor be liable for the removal of or disabling of access to any such External PRODUCT. Licensor may also impose limits on the use of or access to certain External PRODUCT, in any case and without notice or liability.
e. NO WARRANTY: YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE LICENSED APPLICATION IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE LICENSED PRODUCT APPLICATION AND ANY SOFTWAR PERFORMED OR PROVIDED BY THE LICENSED APPLICATION ARE PROVIDED “AS IS” AND “AS AVAILABLE”, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND LICENSOR HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE LICENSED PRODUCT APPLICATION AND ANY SOFTWARE, EITHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND OF NONINFRINGEMENT OF THIRD-PARTY RIGHTS. LICENSOR DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE LICENSED APPLICATION, THAT THE FUNCTIONS CONTAINED IN OR PRODUCT PERFORMED OR PROVIDED BY THE LICENSED APPLICATION WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE LICENSED PRODUCT APPLICATION OR SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE LICENSED PRODUCT APPLICATION OR SOFTWARE WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY LICENSOR OR ITS AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SHOULD THE LICENSED PRODUCT APPLICATION OR SOFTWARE PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU.
f. Limitation of Liability. TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL LICENSOR BE LIABLE FOR PERSONAL INJURY OR ANY INCIDENTAL, SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE LICENSED APPLICATION, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, OR OTHERWISE) AND EVEN IF LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. In no event shall Licensor’s total liability to you for all damages (other than as may be required by applicable law in cases involving personal injury) exceed the amount of one hundred dollars ($100.00). The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.
g. You may not use or otherwise export or re-export the Licensed Application except as authorized by United States law and the laws of the jurisdiction in which the Licensed Application was obtained. In particular, but without limitation, the Licensed Application may not be exported or re-exported (a) into any U.S.-embargoed countries or (b) to anyone on the U.S. Treasury Department’s Specially Designated Nationals List or the U.S. Department of Commerce Denied Persons List or Entity List. By using the Licensed Application, you represent and warrant that you are not located in any such country or on any such list. You also agree that you will not use these products for any purposes prohibited by United States law, including, without limitation, the development, design, manufacture, or production of nuclear, missile, or chemical or biological weapons.
i. The laws of the State of Texas, excluding its conflicts of law rules, govern this license and your use of the Licensed Application. Your use of the Licensed Application may also be subject to other local, state, national, or international laws.
WARRANTY
IMPORTANT: BY USING YOUR BrainView® PRODUCT YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THE BrainView® ONE (1) YEAR LIMITED WARRANTY (“WARRANTY”) AS SET OUT BELOW.
DO NOT USE YOUR PRODUCT UNTIL YOU HAVE READ THE TERMS OF THE WARRANTY. IF YOU DO NOT AGREE TO THE TERMS OF THE WARRANTY, DO NOT USE THE PRODUCT.
BrainView® One (1) Year Limited Warranty
For BrainView® Branded Product Only
HOW CONSUMER LAW RELATES TO THIS WARRANTY
THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE (OR BY COUNTRY OR PROVINCE). OTHER THAN AS PERMITTED BY LAW, BrainView® DOES NOT EXCLUDE, LIMIT OR SUSPEND OTHER RIGHTS YOU MAY HAVE, INCLUDING THOSE THAT MAY ARISE FROM THE NONCONFORMITY OF A SALES CONTRACT. FOR A FULL UNDERSTANDING OF YOUR RIGHTS YOU SHOULD CONSULT THE LAWS OF YOUR COUNTRY, PROVINCE OR STATE.
WARRANTY LIMITATIONS SUBJECT TO CONSUMER LAW
TO THE EXTENT PERMITTED BY LAW, THIS WARRANTY AND THE REMEDIES SET FORTH ARE EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES, REMEDIES AND CONDITIONS, WHETHER ORAL, WRITTEN, STATUTORY, EXPRESS OR IMPLIED. BrainView® DISCLAIMS ALL STATUTORY AND IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND WARRANTIES AGAINST HIDDEN OR LATENT DEFECTS, TO THE EXTENT PERMITTED BY LAW. IN SO FAR AS SUCH WARRANTIES CANNOT BE DISCLAIMED, BrainView® LIMITS THE DURATION AND REMEDIES OF SUCH WARRANTIES TO THE DURATION OF THIS EXPRESS WARRANTY AND, AT BrainView®‘S OPTION, THE REPAIR OR REPLACEMENT PRODUCT DESCRIBED BELOW. SOME STATES (COUNTRIES AND PROVINCES) DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY (OR CONDITION) MAY LAST, SO THE LIMITATION DESCRIBED ABOVE MAY NOT APPLY TO YOU.
WHAT IS COVERED BY THIS WARRANTY?
Medeia Inc, 7 W. Figueroa Street, Suite 300, Santa Barbara, CA, 93101, USA (BrainView®) warrants the BrainView® -branded hardware product and accessories contained in the original packaging (“BrainView® Product”) against defects in materials and workmanship when used normally in accordance with BrainView®‘s published guidelines for a period of ONE (1) YEAR (in some cases two (2) years) from the date of original retail purchase by the end-user purchaser (“Warranty Period”). BrainView®’s published guidelines include but are not limited to information contained in technical specifications, user manuals and SOFTWARE communications.
WHAT IS NOT COVERED BY THIS WARRANTY?
This Warranty does not apply to any non-BrainView® branded hardware products or any SOFTWARE, even if packaged or sold with BrainView® hardware. Manufacturers, suppliers, or publishers, other than BrainView® , may provide their own warranties to you – please contact them for further information. PRODUCT distributed by BrainView® with or without the BrainView® brand (including, but not limited to system SOFTWARE) is not covered by this Warranty. Please refer to the licensing agreement accompanying the PRODUCT for details of your rights with respect to its use. BrainView® does not warrant that the operation of the BrainView® Product will be uninterrupted or error-free.
BrainView® is not responsible for damage arising from failure to follow instructions relating to the BrainView® Product’s use.
This Warranty does not apply: (a) to consumable parts, such as batteries or cables or protective coatings that are designed to diminish over time, unless failure has occurred due to a defect in materials or workmanship; (b) to cosmetic damage, including but not limited to scratches, dents and broken plastic on ports; (c) to damage caused by use with another product; (d) to damage caused by accident, abuse, misuse, liquid contact, fire, earthquake or other external cause; (e) to damage caused by operating the BrainView® Product outside BrainView®’s published guidelines; (f) to damage caused by PRODUCT (including upgrades and expansions) performed by anyone who is not a representative of BrainView® or an BrainView® Authorized DISTRIBUTOR; (g) to an BrainView® Product that has been modified to alter functionality or capability without the written permission of BrainView® ; (h) to defects caused by normal wear and tear or otherwise due to the normal aging of the BrainView® Product, or (i) if any serial number has been removed or defaced from the BrainView® Product.
Important Restriction For Product.
BrainView® may restrict PRODUCT warranty to the country or territory where BrainView® or its Authorized Distributors originally sold the device.
YOUR RESPONSIBILITIES
YOU SHOULD MAKE PERIODIC BACKUP COPIES OF THE INFORMATION CONTAINED ON THE BrainView® PRODUCT STORAGE MEDIA TO PROTECT THE CONTENTS AND AS A PRECAUTION AGAINST POSSIBLE OPERATIONAL FAILURES.
Before receiving PRODUCT warranty, BrainView® or its agents may require that you furnish proof of purchase details, respond to questions designed to assist with diagnosing potential issues and follow BrainView®‘s procedures for obtaining PRODUCT warranty. Before submitting your BrainView® for PRODUCT warranty you should maintain a separate backup copy of the contents of its storage media, remove all personal information that you want to protect and disable all security passwords.
DURING PRODUCT WARRANTY THE CONTENTS OF THE STORAGE MEDIA WILL BE DELETED AND REFORMATTED. BrainView® AND ITS AGENTS ARE NOT RESPONSIBLE FOR ANY LOSS OF SOFTWARE PROGRAMS, DATA OR OTHER INFORMATION CONTAINED ON THE STORAGE MEDIA OR ANY OTHER PART OF THE BrainView® PRODUCT SOFTWARE.
Following PRODUCT warranty your BrainView® or a replacement device will be returned to you as your BrainView® Product was configured when originally purchased, subject to applicable updates. BrainView® may install system SOFTWARE updates as part of warranty that will prevent the BrainView® Product from reverting to an earlier version of the system SOFTWARE. Third party applications installed on the BrainView® Product may not be compatible or work with the BrainView® Product as a result of the system SOFTWARE update. You will be responsible for reinstalling all other SOFTWARE programs, data and information. Recovery and reinstallation of other SOFTWARE programs, data and information are not covered under this Warranty.
Important: Do not open the BrainView® Product device hardware. Opening the BrainView® Product may cause damage that is not covered by this Warranty. Only BrainView® should perform PRODUCT or SOFTWARE UPDATES on this BrainView® Product.
WHAT WILL BrainView® DO IN THE EVENT THE WARRANTY IS BREACHED?
If during the Warranty Period you submit a valid claim to BrainView® or an Authorized Distributor, BrainView® will, at its option, (i) repair the BrainView® Product using new or previously used parts that are equivalent to new in performance and reliability, (ii) replace the BrainView® Product with a device that is at least functionally equivalent to the BrainView® Product and is formed from new and/or previously used parts that are equivalent to new in performance and reliability.
BrainView® may request that you replace certain user-installable parts or BrainView® Products. A replacement part or BrainView® Product, including a user-installable part that has been installed in accordance with instructions provided by BrainView®, assumes the remaining term of the Warranty or ninety (90) days from the date of replacement or repair, whichever provides longer coverage for you. When a BrainView® Product or part is replaced, any replacement item becomes your property and the replaced item becomes BrainView®‘s property.
How To Obtain Product Warranty?
Please access and review the online help resources described below before seeking PRODUCT warranty. If the BrainView® Product is still not functioning properly after making use of these resources, please contact an BrainView® representative or, if applicable, an BrainView® AUTHORIZED DISTRIBUTOR, using the information provided below. A BrainView® AUTHORIZED DISTRIBUTOR will help determine whether your BrainView® Product requires SOFTWARE and, if it does, will inform you how BrainView® will provide it. When contacting BrainView® via telephone, other charges may apply depending on your location.
Online information with details on obtaining PRODUCT warranty is provided below.
Product Warranty Options
BrainView® will provide PRODUCT warranty through one or more of the following options:
(i) Carry-in PRODUCT. You may deliver your BrainView® Product to an BrainView® AUTHORIZED DISTRIBUTOR;
(ii) Mail-in PRODUCT. If BrainView® determines that your BrainView® Product is eligible for mail-in PRODUCT, BrainView® will send you prepaid waybills so that you may ship your BrainView® Product in accordance with BrainView® ’s instructions. Once PRODUCT repair is complete, BrainView® will return the BrainView® Product to you.
(a) PRODUCT where BrainView® requires return of the replaced BrainView® Product or part. BrainView® may require a credit card authorization as security for the retail price of the replacement BrainView® Product or part and applicable shipping costs. If you are unable to provide credit card authorization, DIY parts may not be available to you and BrainView® will offer alternative arrangements for PRODUCT. BrainView® will ship a replacement BrainView® Product or part to you with installation instructions, if applicable, and any requirements for the return of the replaced BrainView® Product or part. If you follow the instructions, BrainView® will cancel the credit card authorization, so you will not be charged for the BrainView® Product or part and shipping to and from your location. If you fail to return the replaced BrainView® Product or part as instructed or return a replaced BrainView® Product or part that is ineligible for PRODUCT, BrainView® will charge your credit card for the authorized amount.
(b) PRODUCT where BrainView® does not require return of the replaced BrainView® Product or part. BrainView® will ship you free of charge a replacement BrainView® Product or part accompanied by instructions on installation, if applicable, and any requirements for the disposal of the replaced BrainView® Product or part.
(c) BrainView® is not responsible for any labor costs you incur relating to DIY parts. Should you require further assistance, contact BrainView® at the telephone number listed below.
Technical Support : +1 800 433 4609
BrainView® reserves the right to change the method by which BrainView® may provide PRODUCT warranty to you, and your BrainView® Product’s eligibility to receive a particular method. PRODUCT will be limited to the options available in the country where PRODUCT is requested. PRODUCT options, parts availability and response times may vary according to country. You may be responsible for shipping and handling charges if the BrainView® Product cannot be provided in the country it is in. If you seek PRODUCT in a country that is not the original country of purchase, you will comply with all applicable import and export laws and regulations and be responsible for all custom duties, V.A.T. and other associated taxes and charges. Where international PRODUCT is available, BrainView® may repair or replace BrainView® Products and parts with comparable BrainView® Product and parts that comply with local standards.
LIMITATION OF LIABILITY
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY BY SOFTWARE PROVIDERS. TO THE EXTENT SUCH EXCLUSIONS OR LIMITATIONS ARE SPECIFICALLY PROHIBITED BY APPLICABLE LAW, SOME OF THE EXCLUSIONS OR LIMITATIONS SET FORTH BELOW MAY NOT APPLY TO YOU.
BrainView® SHALL USE REASONABLE SKILL AND DUE CARE IN PROVIDING THE SOFTWARE. THE FOLLOWING LIMITATIONS DO NOT APPLY IN RESPECT OF LOSS RESULTING FROM (A) BrainView® ‘S FAILURE TO USE REASONABLE SKILL AND DUE CARE; (B) BrainView® ‘S GROSS NEGLIGENCE, WILFUL MISCONDUCT OR FRAUD; OR (C) DEATH OR PERSONAL INJURY.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT BrainView® AND ITS AFFILIATES, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SOFTWARE, OR OTHER INTANGIBLE LOSSES (EVEN IF BrainView® HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (I) THE USE OR INABILITY TO USE THE SOFTWARE (II) ANY CHANGES MADE TO THE SOFTWARE OR ANY TEMPORARY OR PERMANENT CESSATION OF THE SOFTWARE OR ANY PART THEREOF; (III) THE UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (IV) THE DELETION OF, CORRUPTION OF, OR FAILURE TO STORE AND/OR SEND OR RECEIVE YOUR TRANSMISSIONS OR DATA ON OR THROUGH THE SOFTWARE; (V) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SOFTWARE; AND (VI) ANY OTHER MATTER RELATING TO THE SOFTWARE.
EXCEPT AS PROVIDED IN THIS WARRANTY AND TO THE MAXIMUM EXTENT PERMITTED BY LAW, BrainView® IS NOT RESPONSIBLE FOR DIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES RESULTING FROM ANY BREACH OF WARRANTY OR CONDITION, OR UNDER ANY OTHER LEGAL THEORY, INCLUDING BUT NOT LIMITED TO LOSS OF USE; LOSS OF REVENUE; LOSS OF ACTUAL OR ANTICIPATED PROFITS (INCLUDING LOSS OF PROFITS ON CONTRACTS); LOSS OF THE USE OF MONEY; LOSS OF ANTICIPATED SAVINGS; LOSS OF BUSINESS; LOSS OF OPPORTUNITY; LOSS OF GOODWILL; LOSS OF REPUTATION; LOSS OF, DAMAGE TO, COMPROMISE OR CORRUPTION OF DATA; OR ANY INDIRECT OR CONSEQUENTIAL LOSS OR DAMAGE HOWSOEVER CAUSED INCLUDING THE REPLACEMENT OF EQUIPMENT AND PROPERTY, ANY COSTS OF RECOVERING, PROGRAMMING, OR REPRODUCING ANY PROGRAM OR DATA STORED IN OR USED WITH THE BrainView® PRODUCT OR ANY FAILURE TO MAINTAIN THE CONFIDENTIALITY OF INFORMATION STORED ON THE BrainView® PRODUCT.
THE FOREGOING LIMITATION SHALL NOT APPLY TO DEATH OR PERSONAL INJURY CLAIMS, OR ANY STATUTORY LIABILITY FOR INTENTIONAL AND GROSS NEGLIGENT ACTS AND/OR OMISSIONS. BrainView® DISCLAIMS ANY REPRESENTATION THAT IT WILL BE ABLE TO REPAIR ANY DEVICE UNDER THIS WARRANTY OR REPLACE THE BrainView® PRODUCT WITHOUT RISK TO OR LOSS OF INFORMATION STORED IN THE BrainView® PRODUCT.
SOME STATES (COUNTRIES AND PROVINCES) DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
Disclaimer Of Warranties; Liability Limitation
BrainView® DOES NOT GUARANTEE, REPRESENT, OR WARRANT THAT YOUR USE OF THE PRODUCT AND SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE, AND YOU AGREE THAT FROM TIME TO TIME THE PRODUCT SOFTWARE MAY BE NOT ACCESSIBLE.
YOU EXPRESSLY AGREE THAT YOUR USE OF, OR INABILITY TO USE, THE PRODUCT IS AT YOUR SOLE RISK. THE PRODUCT AND ALL PRODUCTS AND SOFTWARE DELIVERED TO YOU THROUGH THE Medeia Inc PRODUCT ARE (EXCEPT AS EXPRESSLY STATED BY Medeia Inc PROVIDED “AS IS” AND “AS AVAILABLE” FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, THE ABOVE EXCLUSION OF IMPLIED WARRANTIES MAY NOT APPLY TO YOU.
IN NO CASE SHALL BrainView® , ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, OR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING FROM YOUR USE OF ANY OF THE PRODUCT OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE PRODUCT, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT (OR PRODUCT) POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE PRODUCT SOFTWARE, EVEN IF ADVISED OF THEIR POSSIBILITY. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, BrainView®‘S LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
BrainView® SHALL USE REASONABLE EFFORTS TO PROTECT INFORMATION SUBMITTED BY YOU IN CONNECTION WITH THE PRODUCT, BUT YOU AGREE THAT YOUR SUBMISSION OF SUCH INFORMATION IS AT YOUR SOLE RISK, AND BrainView® HEREBY DISCLAIMS ANY AND ALL LIABILITY TO YOU FOR ANY LOSS OR LIABILITY RELATING TO SUCH INFORMATION IN ANY WAY.
BrainView® DOES NOT REPRESENT OR GUARANTEE THAT THE PRODUCT WILL BE FREE FROM LOSS, CORRUPTION, ATTACK, VIRUSES, INTERFERENCE, HACKING, OR OTHER SECURITY INTRUSION, AND BrainView® DISCLAIMS ANY LIABILITY RELATING THERETO. BrainView® CAN BE DOWNLOADED ONLY ONCE; AFTER BEING DOWNLOADED, BrainView® CANNOT BE REPLACED IF LOST FOR ANY REASON. YOU SHALL BE RESPONSIBLE FOR SECURING YOUR OWN SYSTEM.
WAIVER AND INDEMNITY
BY USING THE PRODUCT, YOU AGREE, TO THE EXTENT PERMITTED BY LAW, TO INDEMNIFY AND HOLD BrainView®, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, AND LICENSORS HARMLESS WITH RESPECT TO ANY CLAIMS ARISING OUT OF YOUR BREACH OF THIS AGREEMENT, YOUR USE OF THE PRODUCT, OR ANY ACTION TAKEN BY BrainView® AS PART OF ITS INVESTIGATION OF A SUSPECTED VIOLATION OF THIS AGREEMENT OR AS A RESULT OF ITS FINDING OR DECISION THAT A VIOLATION OF THIS AGREEMENT HAS OCCURRED. THIS MEANS THAT YOU CANNOT SUE OR RECOVER ANY DAMAGES FROM BrainView®, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, AND LICENSORS AS A RESULT OF ITS DECISION TO REMOVE OR REFUSE TO PROCESS ANY INFORMATION OR CONTENT, TO WARN YOU, TO SUSPEND OR TERMINATE YOUR ACCESS TO THE PRODUCT, OR TO TAKE ANY OTHER ACTION DURING THE INVESTIGATION OF A SUSPECTED VIOLATION OR AS A RESULT OF BrainView®‘S CONCLUSION THAT A VIOLATION OF THIS AGREEMENT HAS OCCURRED. THIS WAIVER AND INDEMNITY PROVISION APPLIES TO ALL VIOLATIONS DESCRIBED IN OR CONTEMPLATED BY THIS AGREEMENT.
You agree to defend, indemnify and hold BrainView® , its affiliates, subsidiaries, directors, officers, employees, agents, partners, contractors, and licensors harmless from any claim or demand, including reasonable attorneys’ fees, made by a third party, relating to or arising from: (a) any Content you submit, post, transmit, or otherwise make available through the SOFTWARE; (b) your use of the SOFTWARE; (c) any violation by you of this Agreement; (d) any action taken by BrainView® as part of its investigation of a suspected violation of this Agreement or as a result of its finding or decision that a violation of this Agreement has occurred; or (e) your violation of any rights of another.
This means that you cannot sue BrainView® , its affiliates, subsidiaries, directors, officers, employees, agents, partners, contractors, and licensors as a result of its decision to remove or refuse to process any information or Content, to warn you, to suspend or terminate your access to the SOFTWARE, or to take any other action during the investigation of a suspected violation or as a result of BrainView® ’s conclusion that a violation of this Agreement has occurred. This waiver and indemnity provision applies to all violations described in or contemplated by this Agreement. This obligation shall survive the termination or expiration of this Agreement and/or your use of the SOFTWARE. You acknowledge that you are responsible for all use of the SOFTWARE using your USER PROFILE, and that this Agreement applies to any and all usage of your USER PROFILE. You agree to comply with this Agreement and to defend, indemnify and hold harmless BrainView® from and against any and all claims and demands arising from usage of your USER PROFILE, whether or not such usage is expressly authorized by you.
CHANGING THE PRODUCT AND SOFTWARE
BrainView® reserves the right to modify or terminate the PRODUCT (or any part thereof), either temporarily or permanently. BrainView® will send an email to the primary address associated with you to provide notice of any material changes to the PRODUCT. It is your responsibility to check your email address and/or primary email address registered with BrainView® for any such notices. You agree that BrainView® shall not be liable to you or any third party for any modification or cessation of the PRODUCT. If you have paid to use the PRODUCT and we terminate itor materially downgrade its functionality during product 5 years life period, we will provide you with a pro rata refund of any pre-payment.
NO MEDICAL ADVICE
The some of the information available on this website is provided for informational and educational purposes only and is not intended to be a substitute for consulting a health care professional or obtaining professional medical advice, diagnosis, or treatment. We do not directly or indirectly practice medicine, render medical advice, or dispense medical services through this website. Nothing contained in the content of this website should be intended to be a medical diagnosis or treatment directive or recommendation. BrainView® does not endorse or assume responsibility for any specific physician, product, procedure, opinion, service, or other information that may be mentioned or linked to through this website. Reliance on any information provided by Medeia Inc or employees of Medeia Inc is solely at your own risk.
Although we strive to provide on this website the latest developments relating to our products and services, and other information about our company, we do not warrant the accuracy, effectiveness, and suitability of any information contained in this website. Each person assumes full responsibility and all risks arising from use of this website. The information is presented “AS IS” and may include technical inaccuracies or typographical errors. Medeia Inc reserves the right to make additions, deletions, or modifications to the information at any time without any prior notification.
Availability of the PRODUCT
The PRODUCT, or any feature or part thereof, may not be available in all languages or in all countries and BrainView® makes no representation that the PRODUCT, or any feature or part thereof, is appropriate or available for use in any particular location. To the extent you choose to access and use the PRODUCT, you do so at your own initiative and are responsible for compliance with any applicable laws, including, but not limited to, any applicable local laws.
LIMITATIONS ON USE
You agree to use the PRODUCT only for purposes as permitted by this Agreement and any applicable law, regulation, or generally accepted practice in the applicable jurisdiction.
CONFIDENTIAL INFORMATION
Each party (the “Receiving Party”) expressly acknowledges that in negotiating and/or performing under this Agreement the other party (the “Disclosing Party”) has disclosed or may disclose information relating to the Disclosing Party’s business or technology which is confidential or proprietary in nature and not intended to be disclosed to any third party (including, without limitation, source code, trade secrets, patents, patent applications, copyrights, know-how, processes, ideas, inventions (whether patentable or not), formulas, other computer programs, databases, technical drawings, designs, algorithms, technology, circuits, layouts, designs, interfaces, materials, schematics, names and expertise of employees and consultants, any other technical, business, financial, customer information, product development plans, supplier information, forecasts, strategies and other confidential information), which to the extent previously, presently or subsequently disclosed to the Receiving Party is hereinafter referred to as “Confidential Information” of the Disclosing Party.
The Receiving Party shall (a) hold the Disclosing Party’s Confidential Information in confidence and take all commercially reasonable precautions to protect such Confidential Information (including, without limitation, all precautions the Receiving Party usually employs with respect to its own comparable confidential materials) (b) except as expressly provided herein, not disclose any such Confidential Information or any information derived therefrom to any third person, (c) not make any use whatsoever at any time of such Confidential Information except as necessary to exercise their rights and perform their obligations under this Agreement in strict accordance with the terms and conditions of this Agreement, and (d) except as expressly set forth herein, not copy or reverse engineer, or attempt to derive the composition or underlying information, structure or ideas of any such Confidential Information.
The Disclosing Party agrees that above Section shall not apply with respect to Confidential Information of the Disclosing Party that (i) is or becomes generally available to the public through no improper action or inaction by the Receiving Party or any of its affiliates, agents, consultants or employees, (ii) is released from confidential treatment by written consent of the Disclosing Party, (iii) was rightfully disclosed to the Receiving Party by a third party provided the Receiving Party complies with restrictions imposed by the third party, or (iv) was independently developed by the Receiving Party without the use of or reference to the Disclosing Party’s Confidential Information. Each Party, with prior written notice to the Disclosing Party and after providing the Disclosing Party reasonable opportunity to challenge or limit such disclosure, may disclose such Confidential Information to the minimum extent possible that is required to be disclosed to a governmental entity or agency, or pursuant to the lawful requirement or request of a governmental entity or agency, provided that reasonable measures are taken to guard against further disclosure, (including without limitation, seeking appropriate confidential treatment or a protective order, or assisting the other Party to do so) and has allowed the Disclosing Party to participate in any proceeding that requires the disclosure.
MISCELLANEOUS
This Agreement constitutes the entire agreement between you and BrainView® and governs your use of the PRODUCT, superseding any prior agreements between you and BrainView®. You also may be subject to additional terms and conditions that may apply when you use affiliate PRODUCT, third-party content, or third-party PRODUCT. If any part of this Agreement is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect. BrainView®‘s failure to enforce any right or provisions in this Agreement will not constitute a waiver of such or any other provision. BrainView® will not be responsible for failures to fulfill any obligations due to causes beyond its control.
The PRODUCT is operated by Medeia Inc from its offices in the United States. You agree to comply with all local, state, federal, and national laws, statutes, ordinances, and regulations that apply to your use of the PRODUCT. All transactions on the PRODUCT are governed by Texas law, without giving effect to its conflict of law provisions. Your use of the PRODUCT may also be subject to other laws. You expressly agree that exclusive jurisdiction for any claim or dispute with BrainView® or relating in any way to your use of the PRODUCT resides in the courts in the State of Texas. Risk of loss and title for all electronically delivered transactions pass to the purchaser in Texas upon electronic transmission to the recipient. No Medeia Inc® employee or agent has the authority to vary this Agreement.
BrainView® may notify you with respect to the PRODUCT by sending an email message to your email address or a letter via postal mail to your mailing address, or by a posting on the PRODUCT SOFTWARE. Notices shall become effective immediately.
BrainView® reserves the right to take steps BrainView® believes are reasonably necessary or appropriate to enforce and/or verify compliance with any part of this Agreement. You agree that BrainView® has the right, without liability to you, to disclose any Registration Data and/or information to law enforcement authorities, government officials, and/or a third party, as BrainView® believes is reasonably necessary or appropriate to enforce and/or verify compliance with any part of this Agreement (including but not limited to BrainView®‘s right to cooperate with any legal process relating to your use of the PRODUCT and/or software, and/or a third-party claim that your use of the PRODUCT and/or software is unlawful and/or infringes such third party’s rights).
CANCELLATIONS AND REFUNDS
All fees and charges paid by you in relation to the PRODUCT are nonrefundable, except as required by law or as otherwise stated herein.
As a registered user of the PRODUCT, you may establish an USER PROFILE don’t reveal your USER DATA information to anyone else. You are solely responsible for maintaining the confidentiality and security of your USER DATA and for all activities that occur on or through your USER PROFILE, and you agree to immediately notify BrainView® of any security breach of your USER PROFILE. You further acknowledge and agree that the PRODUCT is designed and intended PRESCRIPTION USE ONLY AND DO NOT share your USER PROFILE details with another individual. Provided we have exercised reasonable skill and due care, BrainView® shall not be responsible for any losses arising out of the unauthorized use of your USER PROFILE resulting from you not following these rules.
In order to use the PRODUCT, you must enter your BrainView® ID and password to authenticate your USER PROFILE. You agree to provide accurate and complete information when you register with, and as you use, the PRODUCT (“PRODUCT Registration Data”), and you agree to update your PRODUCT Registration Data to keep it accurate and complete. Failure to provide accurate, current and complete PRODUCT Registration Data may result in the suspension and/or termination of your USER PROFILE. You agree that BrainView® may store and use the PRODUCT Registration Data you provide for use in maintaining and billing fees to your USER PROFILE.
Additional Obligations or Terms of Use
Particular components or features of the PRODUCT provided by BrainView® and/or its licensors, including but not limited to the ability to download previous purchases Require separate PRODUCT or other license agreements or terms of use. You must read, accept, and agree to be bound by any such separate agreement as a condition of using these particular components or features of the PRODUCT.
No Conveyance
Nothing in this Agreement shall be construed to convey to you any interest, title, or license in BrainView® used by you in connection with the PRODUCT.
No Right of Survivorship
You agree that your USER PROFILE is non-transferable and that any rights to your BrainView® USER PROFILE or Content within your USER PROFILE terminate upon your death. Upon receipt of a copy of a death certificate your USER PROFILE may be terminated and all Content within your USER PROFILE deleted.
No Resale of PRODUCT
You agree that you will not reproduce, copy, duplicate, sell, resell, rent or trade the PRODUCT and the SOFTWARE (or any part thereof) for any purpose.
BrainView® PRIVACY POLICY
BrainView® will maintain and use customer information in accordance with the BrainView® Customer Privacy Policy available at www.medeia.com or request a copy at [email protected]
You understand that by using the PRODUCT, you consent and agree to the collection and use of certain information about you and your use of the PRODUCT in accordance with BrainView®’s Privacy Policy. You further consent and agree that BrainView® may collect, use, transmit, process and maintain information related to your USER PROFILE, and any devices or computers registered thereunder, for purposes of providing the PRODUCT, and any features therein, to you. Information collected by BrainView® when you use the PRODUCT may also include technical or diagnostic information related to your use that may be used by BrainView® to support, improve and enhance BrainView®’s PRODUCT and SOFTWARE. For more information please read our full privacy policy at www.medeia.com or request a copy at [email protected] You further understand and agree that this information may be transferred to the United States and/or other countries for storage, processing and use by BrainView® , its affiliates, and/or their SOFTWARE providers. Please note that personal information regarding individuals who reside in a member state of the European Economic Area (EEA) is jointly controlled by BrainView® AND Medeia Inc
Use of Location-based SOFTWARE
BrainView® and its partners and licensors may provide certain features or SOFTWARE through the PRODUCT that rely upon device-based location information, which use GPS (where available), along with crowd-sourced Wi-Fi hotspot and cell tower locations. To provide such features or SOFTWARE, where available, BrainView® and its partners and licensors must collect, use, transmit, process and maintain your location data, including but not limited to the geographic location of your device and information related to your any devices registered thereunder, including but not limited to your BrainView® ID, device ID and name, and device type. You hereby agree and consent to BrainView® ‘s and its partners’ and licensors’ collection, use, transmission, processing and maintenance of such location and USER PROFILE data to provide and improve such features or SOFTWARE.
You may withdraw this consent at any time by not using the location-based features and turning off INTERNET ACCESS IN settings (as applicable) on your device and computer. When using third party SOFTWARE that use or provide location data as part of the SOFTWARE, you are subject to and should review such third party’s terms and privacy policy on use of location data by such third party SOFTWARE. Any location data provided by the SOFTWARE is not intended to be relied upon in situations where precise location information is needed or where erroneous, inaccurate, time-delayed or incomplete location data may lead to death, personal injury, property or environmental damage. BrainView® shall use reasonable skill and due care in providing the SOFTWARE, but neither BrainView® nor any of its content providers guarantees the availability, accuracy, completeness, reliability, or timeliness of location data or any other data displayed by the SOFTWARE.
CONTENT AND YOUR CONDUCT
a. forge any TCP-IP packet header or any part of the header information in an email or a news group posting, or otherwise putting information in a header designed to mislead recipients as to the origin of any Content transmitted through the PRODUCT SOFTWARE (“spoofing”);
b. upload, post, email, transmit, store or otherwise make available any material that contains viruses or any other computer code, files or programs designed to harm, interfere or limit the normal operation of the SOFTWARE (or any part thereof ), or any other computer SOFTWARE or hardware;
c. interfere with or disrupt the SOFTWARE (including accessing the SOFTWARE through any automated means, like scripts or web crawlers), or any servers or networks connected to the SOFTWARE, or any policies, requirements or regulations of networks connected to the SOFTWARE (including any unauthorized access to, use or monitoring of data or traffic thereon);
d. plan or engage in any illegal activity; and/or
e. gather and store personal information on any other users of the SOFTWARE to be used in connection with any of the foregoing prohibited activities.
Removal of Content
You acknowledge that BrainView® is not responsible or liable in any way for any Content provided by others and has no duty to pre-screen such Content. However, BrainView® reserves the right at all times to determine whether Content is appropriate and in compliance with this Agreement, and may pre-screen, move, refuse, modify and/or remove Content at any time, without prior notice and in its sole discretion, if such Content is found to be in violation of this Agreement or is otherwise objectionable.
Backup Your Content
You are responsible for backing up, to your own computer or other device, any important documents, images or other Content that you store or access via the PRODUCT SOFTWARE. BrainView® shall use reasonable skill and due care in providing the SOFTWARE, but BrainView® does not guarantee or warrant that any Content you may store or access through the SOFTWARE will not be subject to inadvertent damage, corruption or loss.
GENERAL
No BrainView® reseller, agent, or employee is authorized to make any modification, extension, or addition to this Warranty. If any term is held to be illegal or unenforceable, the legality or enforceability of the remaining terms shall not be affected or impaired. This Warranty is governed by and construed under the laws of the country in which the BrainView® Product purchase took place. BrainView® or its successor in title is the warrantor under this Warranty.
This Agreement constitutes the entire agreement between you and BrainView® , governs your use of the PRODUCT and completely replaces any prior agreements between you and BrainView® in relation to the PRODUCT. You may also be subject to additional terms and conditions that may apply when you use affiliate PRODUCT, third-party content, or third-party PRODUCT.
If any part of this Agreement is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect. The failure of BrainView® to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or pro- vision. You agree that, except as otherwise expressly provided in this Agreement, there shall be no third-party beneficiaries to this agreement.
ELECTRONIC CONTRACTING
Your use of the PRODUCT includes the ability to enter into agreements and/or to make transactions electronically. YOU ACKNOWLEDGE THAT YOUR ELECTRONIC SUBMISSIONS CONSTITUTE YOUR AGREEMENT AND INTENT TO BE BOUND BY AND TO PAY FOR SUCH AGREEMENTS AND TRANSACTIONS. YOUR AGREEMENT AND INTENT TO BE BOUND BY ELECTRONIC SUBMISSIONS APPLIES TO ALL RECORDS RELATING TO ALL TRANSACTIONS YOU ENTER INTO ON THIS PRODUCT, INCLUDING NOTICES OF CANCELLATION, POLICIES, CONTRACTS, AND APPLICATIONS.
In order to access and retain your electronic records, you may be required to have certain hardware and PRODUCT, which are your sole responsibility.
Terms and Conditions
THE LEGAL AGREEMENTS SET OUT BELOW GOVERN YOUR USE OF THE Medeia Inc BrainView® DEVICES AND/OR SOFTWARE APPLICATIONS (“PRODUCT”).
Medeia Inc BrainView® is not responsible for typographic errors.
IMPORTANT - READ CAREFULLY: By USING THE PRODUCT (“PRODUCT”) and integrated PRODUCT SOFTWARE (“SOFTWARE”), You agree to be and are hereby bound by the terms of this Agreement (“Agreement”). If you do not agree to the terms of this Agreement, you must promptly destroy all copies of the Software and accompanying documentation (“Documentation”).
This product software, including the algorithm, which includes a range of variation, is protected by copyright. All rights are reserved under United States Copyright LAW and WORLD INTELLECTUAL PROPERTY ORGANIZATION (WIPO) and all applicable national copyright laws and bilateral treaties. Excluding the generated reports and graphs, no part may be reproduced, transmitted or stored in any form without the permission, in writing, from the copyright owner. The product is for the use of the purchaser only for prescription only in medical clinics, healthcare practices and out-patient department of a hospital and the right to use the product is nontransferable.
By using this product the user/provider understands that he/she is responsible for his/her diagnosis and determination as to the course of treatment to be undertaken. BrainView® and Medeia Inc and its agents and independent distributors are held harmless by the user/provider for any of his/her acts or omission in the course of rendering care. User also understands that it is his/her responsibility to determine if the use of this product/software/testing method is within his/her scope of practice and within the jurisdiction in which the product and testing method are used.
ELECTRONIC UPDATES
You acknowledge that periodic system upgrades are required and you fully authorize Medeia Inc to perform minor product software Upgrades. You may be required to have certain hardware and SOFTWARE, which are your sole responsibility to perform such system upgrades.
TERMS AND CONDITIONS
THIS LEGAL AGREEMENT BETWEEN YOU AND Medeia Inc. Medeia Inc GOVERNS YOUR USE OF THE BrainView® DEVICE AND SOFTWARE APPLICATION (THE “PRODUCT”).
THE PRODUCT
Medeia Inc is the provider of the PRODUCT for end user use only under the terms and conditions set forth in this Agreement.
REQUIREMENTS FOR USE OF THE PRODUCT
This PRODUCT is available for prescription only in medical clinics, healthcare practices and out-patient departments of hospitals.
The PRODUCT is available to you only in its territories, and possessions. You agree not to use or attempt to use the PRODUCT from outside these country locations. Medeia Inc may use technologies to verify your compliance.
Use of the PRODUCT requires compatible devices, Internet access, and certain SOFTWARE (fees may apply); may require periodic updates; and may be affected by the performance of these factors. High-speed Internet access is strongly recommended for regular use. The latest version of required SOFTWARE is recommended to access the PRODUCT and may be required to download updates and upgrades of the SOFTWARE. You agree that meeting these requirements, which may change from time to time, is your responsibility. The SOFTWARE is not part of any other product or offering, and no purchase or obtaining of any other product shall be construed to represent or guarantee you access to the PRODUCT.
CONTENT AVAILABILITY
Medeia Inc and BrainView® reserves the right to change content options (including eligibility for particular features) without notice.
USE OF PURCHASED SOFTWARE CONTENT
You agree that the PRODUCT and certain Products include security technology that limits your use of Products and that, whether or not Products are limited by security technology, you shall use Products in compliance with the applicable usage rules established by BrainView® and its licensors (“Usage Rules”), and that any other use of the Products may constitute a copyright infringement. Any security technology is an inseparable part of the Products. BrainView® reserves the right to modify the Usage Rules at any time. You agree not to violate, circumvent, reverse-engineer, decompile, disassemble, or otherwise tamper with any of the security technology related to such Usage Rules for any reason—or to attempt or assist another person to do so. Usage Rules may be controlled and monitored by BrainView® for compliance purposes, and BrainView® reserves the right to enforce the Usage Rules without notice to you. You agree not to access the PRODUCT by any means other than through SOFTWARE that is provided by BrainView® for accessing the PRODUCT. You agree not to modify the SOFTWARE in any manner or form, or to use modified versions of the SOFTWARE, for any purposes including obtaining unauthorized access to the PRODUCT. Violations of system or network security may result in civil or criminal liability.
USAGE RULES
(i) You shall be authorized to use Products only for prescription only in medical clinics, healthcare practices and out-patient department of a hospital.
You acknowledge that, because some aspects of the PRODUCT, BrainView® Products, and administration of the Usage Rules entails the ongoing involvement of BrainView®, if BrainView® changes any part of or discontinues the PRODUCT and SOFTWARE, which BrainView® may do at its election, you may not be able to use Products to the same extent as prior to such change or discontinuation, and that BrainView® shall have no liability to you in such case.
INTELLECTUAL PROPERTY
You agree that the PRODUCT and SOFTWARE, including but not limited to BrainView® Products, graphics, user interface, audio clips, video clips, editorial content, and the scripts and SOFTWARE used to implement the PRODUCT, contains proprietary information and material that is owned by BrainView® and/or its licensors, and is protected by applicable intellectual property and other laws, including but not limited to copyright. You agree that you will not use such proprietary information or materials in any way whatsoever except for use of the PRODUCT in compliance with this Agreement. No portion of the PRODUCT may be reproduced in any form or by any means, except as expressly permitted in these terms. You agree not to modify, rent, lease, loan, sell, distribute, or create derivative works based on the PRODUCT in any manner, and you shall not exploit the SOFTWARE in any unauthorized way whatsoever, including, but not limited to, by trespass or burdening network capacity.
Notwithstanding any other provision of this Agreement, BrainView® and its licensors reserve the right to change, suspend, remove, or disable access to any Products, content, or other materials comprising a part of the PRODUCT at any time without notice. In no event will BrainView® be liable for making these changes. BrainView® may also impose limits on the use of or access to certain features or portions of the PRODUCT, in any case and without notice or liability.
All copyrights in and to the PRODUCT (including the compilation of content, postings, links to other Internet resources, and descriptions of those resources) and related PRODUCT are owned by BrainView® and/or its licensors, who reserve all their rights in law and equity. THE USE OF THE PRODUCT OR ANY PART OF THE PRODUCT, EXCEPT FOR USE OF THE PRODUCT AS PERMITTED IN THIS AGREEMENT, IS STRICTLY PROHIBITED AND INFRINGES ON THE INTELLECTUAL PROPERTY RIGHTS OF OTHERS AND MAY SUBJECT YOU TO CIVIL AND CRIMINAL PENALTIES, INCLUDING POSSIBLE MONETARY DAMAGES, FOR COPYRIGHT INFRINGEMENT.
BrainView® , the BrainView® logo, and other BrainView® trademarks, SOFTWARE marks, graphics, and logos used in connection with the SOFTWARE are trademarks or registered trademarks of Medeia Inc in the U.S. and/or other countries. Other trademarks, SOFTWARE marks, graphics, and logos used in connection with the SOFTWARE may be the trademarks of their respective owners. You are granted no right or license with respect to any of the aforesaid trademarks and any use of such trademarks.
TERMINATION
If you fail, or BrainView® suspects that you have failed, to comply with any of the provisions of this Agreement, BrainView® , at its sole discretion, without notice to you may: (i) terminate this Agreement, and you will remain liable for all amounts due up to and including the date of termination; and/or (ii) terminate the license to the PRODUCT; and/or (iii) preclude access to the PRODUCT and SOFTWARE (or any part thereof).
BrainView® reserves the right to modify, suspend, or discontinue the PRODUCT (or any part or content thereof) at any time with or without notice to you, and BrainView® will not be liable to you or to any third party should it exercise such rights.
Surviving Terms: The provisions of Sections "Fees", "Limitation of Liability", "Waiver And Indemnity", "Confidential Information", and "Intellectual Property" shall survive the termination of this Agreement.
CHANGES
BrainView® reserves the right at any time to modify this Agreement and to impose new or additional terms or conditions on your use of the PRODUCT. Such modifications and additional terms and conditions will be effective immediately and incorporated into this Agreement. Your continued use of the PRODUCT will be deemed acceptance thereof.
HIPAA Compliance for Covered Entities and/or Business Associates
In performing Customer’s obligations under this Agreement, and to the extent that Customer meets the definition of a “Covered Entity” or a “Business Associate” under the Health Insurance Portability and Accountability Act of 1996 and the amendments and regulations promulgated thereunder (“HIPAA”), and to the extent that Customer’s Content includes protected health information (“PHI”), as such term is defined in HIPAA, Customer represents and warrants that it is and shall remain HIPAA compliant during the Term and that it will comply with the HIPAA requirements to protect the privacy and security of the PHI and provide individuals with certain rights with respect to their PHI.
To the extent Medeia Inc has access to or possesses any Content which may include PHI, Medeia Inc agrees to implement reasonable technical and physical security measures to safeguard the security the confidentiality of such information.
FEES
Customer shall pay to Medeia Inc any and all fees associated with Customer’s use of the PRODUCT and Software or the BrainView System in accordance with the terms of this Agreement and any other written agreement between the parties related to such use including quotations, proposals, purchase orders, sales orders, service agreements, and contract research agreements (collectively referred to as “Sales Order”). Subject to the terms of the Sales Order, Medeia Inc may change its prices on any Sales Order at any time provided thirty (30) days advance notice of the change. Notwithstanding the termination of this Agreement, Customer shall continue to be obligated to pay to Medeia Inc all fees due as set forth in this Agreement that, as of the date of such termination, are due and payable to Medeia Inc.
Any payment under this Agreement not received within thirty (30) days of the date due shall bear interest from the date due at the rate of one (2%) per month or the maximum rate permitted by applicable law, whichever is less. Further, in the event that any payment due to Medeia Inc is collected at law or through an attorney-at-law, or under advice therefrom, or through a collection agency, Customer agrees to pay all costs of collection, including, without limitation, all court costs and reasonable attorney’s fees.
STATUTORY EXCEPTIONS FOR PUBLIC INSTITUTIONS
If you are a qualified public educational or government institution and any part of this Agreement, such as, by way of example, all or part of the indemnification section, is invalid or unenforceable against you because of applicable state or federal law, then that portion shall be deemed invalid or unenforceable, as the case may be, and instead construed in a manner most consistent with applicable governing law. If Texas law is precluded, this Agreement shall be construed under the laws of the state in which your public educational or government institution is located.
PRODUCT MAINTENANCE AND SUPPORT
BrainView® will be responsible for providing any maintenance and PRODUCT support with respect to the BrainView® Products only, as specified in the Licensed Application End User License Agreement or the separate end user license agreement, as the case may be, or as required under applicable law. The Application Provider of any Third-Party Product will be solely responsible for providing maintenance and PRODUCT support with respect to that Product, as specified in the Licensed Application End User License Agreement or the Application Provider end user license agreement, as the case may be, or as required under applicable law.
LICENSED APPLICATION END USER LICENSE AGREEMENT
The BrainView® PRODUCT (PRODUCT) made available through Medeia Inc are licensed, not sold, to you. Your license to each PRODUCT that you obtain is subject to your prior acceptance of this Licensed Application End User License Agreement (“Standard EULA”), and you agree that the terms of this Standard EULA will apply to each PRODUCT that you license through Medeia Inc Your license to any BrainView® Product under this Standard EULA or separate end user license agreement is granted by Medeia Inc, and your license to any Third-Party Product under this Standard EULA or separate end user license agreement is granted by the Application Provider of that Third-Party Product. If any BrainView® product is subject to the license granted under this Standard EULA is referred to herein as the “Licensed Application”. The Application Provider or BrainView® as applicable (“Licensor”) reserves all rights in and to the Licensed Application not expressly granted to you under this Standard EULA.
a. Scope of License: This license granted to you for the Licensed Application by Licensor is limited to a nontransferable license to use the Licensed Application on any BrainView® - branded products as applicable. This license does not allow you to use the Licensed Application on any BrainView® Device that you do not own or control, and except as provided in the Usage Rules, you may not distribute or make the Licensed Application available over a network where it could be used by multiple devices at the same time. You may not rent, lease, lend, sell, transfer redistribute, or sublicense the Licensed Application and, if you sell your Computer Or BrainView® device to a third party, you must remove the Licensed Application from the Computer or BrainView® Device before doing so. You may not copy (except as expressly permitted by this license and the Usage Rules), decompile, reverse-engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Licensed Application, any updates, or any part thereof (except as and only to the extent that any foregoing restriction is prohibited by applicable law or to the extent as may be permitted by the licensing terms governing use of any open-sourced components included with the Licensed Application). Any attempt to do so is a violation of the rights of the Licensor and its licensors. If you breach this restriction, you may be subject to prosecution and damages.
The terms of this license will govern any upgrades provided by Licensor that replace and/or supplement the original Licensed Application, unless such upgrade is accompanied by a separate license in which case the terms of that license will govern.
b. Consent to Use of Data: You agree that Licensor may collect and use technical data and related information - including but not limited to technical information about your device, system and application SOFTWARE, and peripherals—that is gathered periodically to facilitate the provision of SOFTWARE updates, product support, and other PRODUCT to you (if any) related to the Licensed Application. Licensor may use this information, as long as it is in a form that does not personally identify you, to improve its products or to provide SOFTWARE or technologies to you.
c. Termination. The license is effective until terminated by you or Licensor. Your rights under this license will terminate automatically without notice from the Licensor if you fail to comply with any term(s) of this license. Upon termination of the license, you shall cease all use of the Licensed Application and destroy all copies, full or partial, of the Licensed Application.
d. External PRODUCT and SOFTWARE; Third-Party Materials. The Licensed Application may enable access to Licensor’s and/or third-party SOFTWARE and websites (collectively and individually, “External PRODUCT”). Use of the External PRODUCT requires Internet access and use of certain External PRODUCT requires you to accept additional terms. By using this SOFTWARE you agree to the latest Terms and Conditions and Usage Rules, which you may access and review at www.medeia.com or request a copy at [email protected]
You agree that the External PRODUCT contain proprietary content, information and material that is owned by Licensor and/or its agents or licensors, and is protected by applicable intellectual property and other laws, including but not limited to copyright, and that you will not use such proprietary content, information or materials in any way whatsoever except for permitted use of the External PRODUCT or in any manner that is inconsistent with the terms of this Standard EULA or that infringes any intellectual property rights of a third party or BrainView® . No portion of the External PRODUCT may be reproduced in any form or by any means. You agree not to modify, rent, lease, loan, sell, distribute, or create derivative works based on the External PRODUCT, in any manner, and you shall not exploit the External PRODUCT in any unauthorized way whatsoever, including but not limited to, using the External PRODUCT to transmit any computer viruses, worms, trojan horses or other malware, or by trespass or burdening network capacity. You further agree not to use the External PRODUCT in any manner to harass, abuse, stalk, threaten, defame or otherwise infringe or violate the rights of any other party, and that neither Licensor nor its agents is in any way responsible
for any such use by you, nor for any harassing, threatening, defamatory, offensive, infringing or illegal messages or transmissions that you may receive as a result of using any of the External PRODUCT.
In addition, External PRODUCT and Third Party Materials that may be accessed from, displayed on or linked to from the BrainView® Devices are not available in all languages or in all countries or regions. Licensor makes no representation that such External PRODUCT and Materials are appropriate or available for use in any particular location. To the extent you choose to use or access such External PRODUCT and Materials, you do so at your own initiative and are responsible for compliance with any applicable laws, including but not limited to applicable local laws. Licensor reserves the right to change, suspend, remove, or disable access to any External PRODUCT at any time without notice. In no event will Licensor be liable for the removal of or disabling of access to any such External PRODUCT. Licensor may also impose limits on the use of or access to certain External PRODUCT, in any case and without notice or liability.
e. NO WARRANTY: YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE LICENSED APPLICATION IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE LICENSED PRODUCT APPLICATION AND ANY SOFTWAR PERFORMED OR PROVIDED BY THE LICENSED APPLICATION ARE PROVIDED “AS IS” AND “AS AVAILABLE”, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND LICENSOR HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE LICENSED PRODUCT APPLICATION AND ANY SOFTWARE, EITHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND OF NONINFRINGEMENT OF THIRD-PARTY RIGHTS. LICENSOR DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE LICENSED APPLICATION, THAT THE FUNCTIONS CONTAINED IN OR PRODUCT PERFORMED OR PROVIDED BY THE LICENSED APPLICATION WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE LICENSED PRODUCT APPLICATION OR SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE LICENSED PRODUCT APPLICATION OR SOFTWARE WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY LICENSOR OR ITS AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SHOULD THE LICENSED PRODUCT APPLICATION OR SOFTWARE PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU.
f. Limitation of Liability. TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL LICENSOR BE LIABLE FOR PERSONAL INJURY OR ANY INCIDENTAL, SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE LICENSED APPLICATION, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, OR OTHERWISE) AND EVEN IF LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. In no event shall Licensor’s total liability to you for all damages (other than as may be required by applicable law in cases involving personal injury) exceed the amount of one hundred dollars ($100.00). The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.
g. You may not use or otherwise export or re-export the Licensed Application except as authorized by United States law and the laws of the jurisdiction in which the Licensed Application was obtained. In particular, but without limitation, the Licensed Application may not be exported or re-exported (a) into any U.S.-embargoed countries or (b) to anyone on the U.S. Treasury Department’s Specially Designated Nationals List or the U.S. Department of Commerce Denied Persons List or Entity List. By using the Licensed Application, you represent and warrant that you are not located in any such country or on any such list. You also agree that you will not use these products for any purposes prohibited by United States law, including, without limitation, the development, design, manufacture, or production of nuclear, missile, or chemical or biological weapons.
i. The laws of the State of Texas, excluding its conflicts of law rules, govern this license and your use of the Licensed Application. Your use of the Licensed Application may also be subject to other local, state, national, or international laws.
WARRANTY
IMPORTANT: BY USING YOUR BrainView® PRODUCT YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THE BrainView® ONE (1) YEAR LIMITED WARRANTY (“WARRANTY”) AS SET OUT BELOW.
DO NOT USE YOUR PRODUCT UNTIL YOU HAVE READ THE TERMS OF THE WARRANTY. IF YOU DO NOT AGREE TO THE TERMS OF THE WARRANTY, DO NOT USE THE PRODUCT.
BrainView® One (1) Year Limited Warranty
For BrainView® Branded Product Only
HOW CONSUMER LAW RELATES TO THIS WARRANTY
THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE (OR BY COUNTRY OR PROVINCE). OTHER THAN AS PERMITTED BY LAW, BrainView® DOES NOT EXCLUDE, LIMIT OR SUSPEND OTHER RIGHTS YOU MAY HAVE, INCLUDING THOSE THAT MAY ARISE FROM THE NONCONFORMITY OF A SALES CONTRACT. FOR A FULL UNDERSTANDING OF YOUR RIGHTS YOU SHOULD CONSULT THE LAWS OF YOUR COUNTRY, PROVINCE OR STATE.
WARRANTY LIMITATIONS SUBJECT TO CONSUMER LAW
TO THE EXTENT PERMITTED BY LAW, THIS WARRANTY AND THE REMEDIES SET FORTH ARE EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES, REMEDIES AND CONDITIONS, WHETHER ORAL, WRITTEN, STATUTORY, EXPRESS OR IMPLIED. BrainView® DISCLAIMS ALL STATUTORY AND IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND WARRANTIES AGAINST HIDDEN OR LATENT DEFECTS, TO THE EXTENT PERMITTED BY LAW. IN SO FAR AS SUCH WARRANTIES CANNOT BE DISCLAIMED, BrainView® LIMITS THE DURATION AND REMEDIES OF SUCH WARRANTIES TO THE DURATION OF THIS EXPRESS WARRANTY AND, AT BrainView®‘S OPTION, THE REPAIR OR REPLACEMENT PRODUCT DESCRIBED BELOW. SOME STATES (COUNTRIES AND PROVINCES) DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY (OR CONDITION) MAY LAST, SO THE LIMITATION DESCRIBED ABOVE MAY NOT APPLY TO YOU.
WHAT IS COVERED BY THIS WARRANTY?
Medeia Inc, 7 W. Figueroa Street, Suite 300, Santa Barbara, CA, 93101, USA (BrainView®) warrants the BrainView® -branded hardware product and accessories contained in the original packaging (“BrainView® Product”) against defects in materials and workmanship when used normally in accordance with BrainView®‘s published guidelines for a period of ONE (1) YEAR (in some cases two (2) years) from the date of original retail purchase by the end-user purchaser (“Warranty Period”). BrainView®’s published guidelines include but are not limited to information contained in technical specifications, user manuals and SOFTWARE communications.
WHAT IS NOT COVERED BY THIS WARRANTY?
This Warranty does not apply to any non-BrainView® branded hardware products or any SOFTWARE, even if packaged or sold with BrainView® hardware. Manufacturers, suppliers, or publishers, other than BrainView® , may provide their own warranties to you – please contact them for further information. PRODUCT distributed by BrainView® with or without the BrainView® brand (including, but not limited to system SOFTWARE) is not covered by this Warranty. Please refer to the licensing agreement accompanying the PRODUCT for details of your rights with respect to its use. BrainView® does not warrant that the operation of the BrainView® Product will be uninterrupted or error-free.
BrainView® is not responsible for damage arising from failure to follow instructions relating to the BrainView® Product’s use.
This Warranty does not apply: (a) to consumable parts, such as batteries or cables or protective coatings that are designed to diminish over time, unless failure has occurred due to a defect in materials or workmanship; (b) to cosmetic damage, including but not limited to scratches, dents and broken plastic on ports; (c) to damage caused by use with another product; (d) to damage caused by accident, abuse, misuse, liquid contact, fire, earthquake or other external cause; (e) to damage caused by operating the BrainView® Product outside BrainView®’s published guidelines; (f) to damage caused by PRODUCT (including upgrades and expansions) performed by anyone who is not a representative of BrainView® or an BrainView® Authorized DISTRIBUTOR; (g) to an BrainView® Product that has been modified to alter functionality or capability without the written permission of BrainView® ; (h) to defects caused by normal wear and tear or otherwise due to the normal aging of the BrainView® Product, or (i) if any serial number has been removed or defaced from the BrainView® Product.
Important Restriction For Product.
BrainView® may restrict PRODUCT warranty to the country or territory where BrainView® or its Authorized Distributors originally sold the device.
YOUR RESPONSIBILITIES
YOU SHOULD MAKE PERIODIC BACKUP COPIES OF THE INFORMATION CONTAINED ON THE BrainView® PRODUCT STORAGE MEDIA TO PROTECT THE CONTENTS AND AS A PRECAUTION AGAINST POSSIBLE OPERATIONAL FAILURES.
Before receiving PRODUCT warranty, BrainView® or its agents may require that you furnish proof of purchase details, respond to questions designed to assist with diagnosing potential issues and follow BrainView®‘s procedures for obtaining PRODUCT warranty. Before submitting your BrainView® for PRODUCT warranty you should maintain a separate backup copy of the contents of its storage media, remove all personal information that you want to protect and disable all security passwords.
DURING PRODUCT WARRANTY THE CONTENTS OF THE STORAGE MEDIA WILL BE DELETED AND REFORMATTED. BrainView® AND ITS AGENTS ARE NOT RESPONSIBLE FOR ANY LOSS OF SOFTWARE PROGRAMS, DATA OR OTHER INFORMATION CONTAINED ON THE STORAGE MEDIA OR ANY OTHER PART OF THE BrainView® PRODUCT SOFTWARE.
Following PRODUCT warranty your BrainView® or a replacement device will be returned to you as your BrainView® Product was configured when originally purchased, subject to applicable updates. BrainView® may install system SOFTWARE updates as part of warranty that will prevent the BrainView® Product from reverting to an earlier version of the system SOFTWARE. Third party applications installed on the BrainView® Product may not be compatible or work with the BrainView® Product as a result of the system SOFTWARE update. You will be responsible for reinstalling all other SOFTWARE programs, data and information. Recovery and reinstallation of other SOFTWARE programs, data and information are not covered under this Warranty.
Important: Do not open the BrainView® Product device hardware. Opening the BrainView® Product may cause damage that is not covered by this Warranty. Only BrainView® should perform PRODUCT or SOFTWARE UPDATES on this BrainView® Product.
WHAT WILL BrainView® DO IN THE EVENT THE WARRANTY IS BREACHED?
If during the Warranty Period you submit a valid claim to BrainView® or an Authorized Distributor, BrainView® will, at its option, (i) repair the BrainView® Product using new or previously used parts that are equivalent to new in performance and reliability, (ii) replace the BrainView® Product with a device that is at least functionally equivalent to the BrainView® Product and is formed from new and/or previously used parts that are equivalent to new in performance and reliability.
BrainView® may request that you replace certain user-installable parts or BrainView® Products. A replacement part or BrainView® Product, including a user-installable part that has been installed in accordance with instructions provided by BrainView®, assumes the remaining term of the Warranty or ninety (90) days from the date of replacement or repair, whichever provides longer coverage for you. When a BrainView® Product or part is replaced, any replacement item becomes your property and the replaced item becomes BrainView®‘s property.
How To Obtain Product Warranty?
Please access and review the online help resources described below before seeking PRODUCT warranty. If the BrainView® Product is still not functioning properly after making use of these resources, please contact an BrainView® representative or, if applicable, an BrainView® AUTHORIZED DISTRIBUTOR, using the information provided below. A BrainView® AUTHORIZED DISTRIBUTOR will help determine whether your BrainView® Product requires SOFTWARE and, if it does, will inform you how BrainView® will provide it. When contacting BrainView® via telephone, other charges may apply depending on your location.
Online information with details on obtaining PRODUCT warranty is provided below.
Product Warranty Options
BrainView® will provide PRODUCT warranty through one or more of the following options:
(i) Carry-in PRODUCT. You may deliver your BrainView® Product to an BrainView® AUTHORIZED DISTRIBUTOR;
(ii) Mail-in PRODUCT. If BrainView® determines that your BrainView® Product is eligible for mail-in PRODUCT, BrainView® will send you prepaid waybills so that you may ship your BrainView® Product in accordance with BrainView® ’s instructions. Once PRODUCT repair is complete, BrainView® will return the BrainView® Product to you.
(a) PRODUCT where BrainView® requires return of the replaced BrainView® Product or part. BrainView® may require a credit card authorization as security for the retail price of the replacement BrainView® Product or part and applicable shipping costs. If you are unable to provide credit card authorization, DIY parts may not be available to you and BrainView® will offer alternative arrangements for PRODUCT. BrainView® will ship a replacement BrainView® Product or part to you with installation instructions, if applicable, and any requirements for the return of the replaced BrainView® Product or part. If you follow the instructions, BrainView® will cancel the credit card authorization, so you will not be charged for the BrainView® Product or part and shipping to and from your location. If you fail to return the replaced BrainView® Product or part as instructed or return a replaced BrainView® Product or part that is ineligible for PRODUCT, BrainView® will charge your credit card for the authorized amount.
(b) PRODUCT where BrainView® does not require return of the replaced BrainView® Product or part. BrainView® will ship you free of charge a replacement BrainView® Product or part accompanied by instructions on installation, if applicable, and any requirements for the disposal of the replaced BrainView® Product or part.
(c) BrainView® is not responsible for any labor costs you incur relating to DIY parts. Should you require further assistance, contact BrainView® at the telephone number listed below.
Technical Support : +1 800 433 4609
BrainView® reserves the right to change the method by which BrainView® may provide PRODUCT warranty to you, and your BrainView® Product’s eligibility to receive a particular method. PRODUCT will be limited to the options available in the country where PRODUCT is requested. PRODUCT options, parts availability and response times may vary according to country. You may be responsible for shipping and handling charges if the BrainView® Product cannot be provided in the country it is in. If you seek PRODUCT in a country that is not the original country of purchase, you will comply with all applicable import and export laws and regulations and be responsible for all custom duties, V.A.T. and other associated taxes and charges. Where international PRODUCT is available, BrainView® may repair or replace BrainView® Products and parts with comparable BrainView® Product and parts that comply with local standards.
LIMITATION OF LIABILITY
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY BY SOFTWARE PROVIDERS. TO THE EXTENT SUCH EXCLUSIONS OR LIMITATIONS ARE SPECIFICALLY PROHIBITED BY APPLICABLE LAW, SOME OF THE EXCLUSIONS OR LIMITATIONS SET FORTH BELOW MAY NOT APPLY TO YOU.
BrainView® SHALL USE REASONABLE SKILL AND DUE CARE IN PROVIDING THE SOFTWARE. THE FOLLOWING LIMITATIONS DO NOT APPLY IN RESPECT OF LOSS RESULTING FROM (A) BrainView® ‘S FAILURE TO USE REASONABLE SKILL AND DUE CARE; (B) BrainView® ‘S GROSS NEGLIGENCE, WILFUL MISCONDUCT OR FRAUD; OR (C) DEATH OR PERSONAL INJURY.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT BrainView® AND ITS AFFILIATES, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SOFTWARE, OR OTHER INTANGIBLE LOSSES (EVEN IF BrainView® HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (I) THE USE OR INABILITY TO USE THE SOFTWARE (II) ANY CHANGES MADE TO THE SOFTWARE OR ANY TEMPORARY OR PERMANENT CESSATION OF THE SOFTWARE OR ANY PART THEREOF; (III) THE UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (IV) THE DELETION OF, CORRUPTION OF, OR FAILURE TO STORE AND/OR SEND OR RECEIVE YOUR TRANSMISSIONS OR DATA ON OR THROUGH THE SOFTWARE; (V) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SOFTWARE; AND (VI) ANY OTHER MATTER RELATING TO THE SOFTWARE.
EXCEPT AS PROVIDED IN THIS WARRANTY AND TO THE MAXIMUM EXTENT PERMITTED BY LAW, BrainView® IS NOT RESPONSIBLE FOR DIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES RESULTING FROM ANY BREACH OF WARRANTY OR CONDITION, OR UNDER ANY OTHER LEGAL THEORY, INCLUDING BUT NOT LIMITED TO LOSS OF USE; LOSS OF REVENUE; LOSS OF ACTUAL OR ANTICIPATED PROFITS (INCLUDING LOSS OF PROFITS ON CONTRACTS); LOSS OF THE USE OF MONEY; LOSS OF ANTICIPATED SAVINGS; LOSS OF BUSINESS; LOSS OF OPPORTUNITY; LOSS OF GOODWILL; LOSS OF REPUTATION; LOSS OF, DAMAGE TO, COMPROMISE OR CORRUPTION OF DATA; OR ANY INDIRECT OR CONSEQUENTIAL LOSS OR DAMAGE HOWSOEVER CAUSED INCLUDING THE REPLACEMENT OF EQUIPMENT AND PROPERTY, ANY COSTS OF RECOVERING, PROGRAMMING, OR REPRODUCING ANY PROGRAM OR DATA STORED IN OR USED WITH THE BrainView® PRODUCT OR ANY FAILURE TO MAINTAIN THE CONFIDENTIALITY OF INFORMATION STORED ON THE BrainView® PRODUCT.
THE FOREGOING LIMITATION SHALL NOT APPLY TO DEATH OR PERSONAL INJURY CLAIMS, OR ANY STATUTORY LIABILITY FOR INTENTIONAL AND GROSS NEGLIGENT ACTS AND/OR OMISSIONS. BrainView® DISCLAIMS ANY REPRESENTATION THAT IT WILL BE ABLE TO REPAIR ANY DEVICE UNDER THIS WARRANTY OR REPLACE THE BrainView® PRODUCT WITHOUT RISK TO OR LOSS OF INFORMATION STORED IN THE BrainView® PRODUCT.
SOME STATES (COUNTRIES AND PROVINCES) DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
Disclaimer Of Warranties; Liability Limitation
BrainView® DOES NOT GUARANTEE, REPRESENT, OR WARRANT THAT YOUR USE OF THE PRODUCT AND SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE, AND YOU AGREE THAT FROM TIME TO TIME THE PRODUCT SOFTWARE MAY BE NOT ACCESSIBLE.
YOU EXPRESSLY AGREE THAT YOUR USE OF, OR INABILITY TO USE, THE PRODUCT IS AT YOUR SOLE RISK. THE PRODUCT AND ALL PRODUCTS AND SOFTWARE DELIVERED TO YOU THROUGH THE Medeia Inc PRODUCT ARE (EXCEPT AS EXPRESSLY STATED BY Medeia Inc PROVIDED “AS IS” AND “AS AVAILABLE” FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, THE ABOVE EXCLUSION OF IMPLIED WARRANTIES MAY NOT APPLY TO YOU.
IN NO CASE SHALL BrainView® , ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, OR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING FROM YOUR USE OF ANY OF THE PRODUCT OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE PRODUCT, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT (OR PRODUCT) POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE PRODUCT SOFTWARE, EVEN IF ADVISED OF THEIR POSSIBILITY. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, BrainView®‘S LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
BrainView® SHALL USE REASONABLE EFFORTS TO PROTECT INFORMATION SUBMITTED BY YOU IN CONNECTION WITH THE PRODUCT, BUT YOU AGREE THAT YOUR SUBMISSION OF SUCH INFORMATION IS AT YOUR SOLE RISK, AND BrainView® HEREBY DISCLAIMS ANY AND ALL LIABILITY TO YOU FOR ANY LOSS OR LIABILITY RELATING TO SUCH INFORMATION IN ANY WAY.
BrainView® DOES NOT REPRESENT OR GUARANTEE THAT THE PRODUCT WILL BE FREE FROM LOSS, CORRUPTION, ATTACK, VIRUSES, INTERFERENCE, HACKING, OR OTHER SECURITY INTRUSION, AND BrainView® DISCLAIMS ANY LIABILITY RELATING THERETO. BrainView® CAN BE DOWNLOADED ONLY ONCE; AFTER BEING DOWNLOADED, BrainView® CANNOT BE REPLACED IF LOST FOR ANY REASON. YOU SHALL BE RESPONSIBLE FOR SECURING YOUR OWN SYSTEM.
WAIVER AND INDEMNITY
BY USING THE PRODUCT, YOU AGREE, TO THE EXTENT PERMITTED BY LAW, TO INDEMNIFY AND HOLD BrainView®, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, AND LICENSORS HARMLESS WITH RESPECT TO ANY CLAIMS ARISING OUT OF YOUR BREACH OF THIS AGREEMENT, YOUR USE OF THE PRODUCT, OR ANY ACTION TAKEN BY BrainView® AS PART OF ITS INVESTIGATION OF A SUSPECTED VIOLATION OF THIS AGREEMENT OR AS A RESULT OF ITS FINDING OR DECISION THAT A VIOLATION OF THIS AGREEMENT HAS OCCURRED. THIS MEANS THAT YOU CANNOT SUE OR RECOVER ANY DAMAGES FROM BrainView®, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, AND LICENSORS AS A RESULT OF ITS DECISION TO REMOVE OR REFUSE TO PROCESS ANY INFORMATION OR CONTENT, TO WARN YOU, TO SUSPEND OR TERMINATE YOUR ACCESS TO THE PRODUCT, OR TO TAKE ANY OTHER ACTION DURING THE INVESTIGATION OF A SUSPECTED VIOLATION OR AS A RESULT OF BrainView®‘S CONCLUSION THAT A VIOLATION OF THIS AGREEMENT HAS OCCURRED. THIS WAIVER AND INDEMNITY PROVISION APPLIES TO ALL VIOLATIONS DESCRIBED IN OR CONTEMPLATED BY THIS AGREEMENT.
You agree to defend, indemnify and hold BrainView® , its affiliates, subsidiaries, directors, officers, employees, agents, partners, contractors, and licensors harmless from any claim or demand, including reasonable attorneys’ fees, made by a third party, relating to or arising from: (a) any Content you submit, post, transmit, or otherwise make available through the SOFTWARE; (b) your use of the SOFTWARE; (c) any violation by you of this Agreement; (d) any action taken by BrainView® as part of its investigation of a suspected violation of this Agreement or as a result of its finding or decision that a violation of this Agreement has occurred; or (e) your violation of any rights of another.
This means that you cannot sue BrainView® , its affiliates, subsidiaries, directors, officers, employees, agents, partners, contractors, and licensors as a result of its decision to remove or refuse to process any information or Content, to warn you, to suspend or terminate your access to the SOFTWARE, or to take any other action during the investigation of a suspected violation or as a result of BrainView® ’s conclusion that a violation of this Agreement has occurred. This waiver and indemnity provision applies to all violations described in or contemplated by this Agreement. This obligation shall survive the termination or expiration of this Agreement and/or your use of the SOFTWARE. You acknowledge that you are responsible for all use of the SOFTWARE using your USER PROFILE, and that this Agreement applies to any and all usage of your USER PROFILE. You agree to comply with this Agreement and to defend, indemnify and hold harmless BrainView® from and against any and all claims and demands arising from usage of your USER PROFILE, whether or not such usage is expressly authorized by you.
CHANGING THE PRODUCT AND SOFTWARE
BrainView® reserves the right to modify or terminate the PRODUCT (or any part thereof), either temporarily or permanently. BrainView® will send an email to the primary address associated with you to provide notice of any material changes to the PRODUCT. It is your responsibility to check your email address and/or primary email address registered with BrainView® for any such notices. You agree that BrainView® shall not be liable to you or any third party for any modification or cessation of the PRODUCT. If you have paid to use the PRODUCT and we terminate itor materially downgrade its functionality during product 5 years life period, we will provide you with a pro rata refund of any pre-payment.
NO MEDICAL ADVICE
The some of the information available on this website is provided for informational and educational purposes only and is not intended to be a substitute for consulting a health care professional or obtaining professional medical advice, diagnosis, or treatment. We do not directly or indirectly practice medicine, render medical advice, or dispense medical services through this website. Nothing contained in the content of this website should be intended to be a medical diagnosis or treatment directive or recommendation. BrainView® does not endorse or assume responsibility for any specific physician, product, procedure, opinion, service, or other information that may be mentioned or linked to through this website. Reliance on any information provided by Medeia Inc or employees of Medeia Inc is solely at your own risk.
Although we strive to provide on this website the latest developments relating to our products and services, and other information about our company, we do not warrant the accuracy, effectiveness, and suitability of any information contained in this website. Each person assumes full responsibility and all risks arising from use of this website. The information is presented “AS IS” and may include technical inaccuracies or typographical errors. Medeia Inc reserves the right to make additions, deletions, or modifications to the information at any time without any prior notification.
Availability of the PRODUCT
The PRODUCT, or any feature or part thereof, may not be available in all languages or in all countries and BrainView® makes no representation that the PRODUCT, or any feature or part thereof, is appropriate or available for use in any particular location. To the extent you choose to access and use the PRODUCT, you do so at your own initiative and are responsible for compliance with any applicable laws, including, but not limited to, any applicable local laws.
LIMITATIONS ON USE
You agree to use the PRODUCT only for purposes as permitted by this Agreement and any applicable law, regulation, or generally accepted practice in the applicable jurisdiction.
CONFIDENTIAL INFORMATION
Each party (the “Receiving Party”) expressly acknowledges that in negotiating and/or performing under this Agreement the other party (the “Disclosing Party”) has disclosed or may disclose information relating to the Disclosing Party’s business or technology which is confidential or proprietary in nature and not intended to be disclosed to any third party (including, without limitation, source code, trade secrets, patents, patent applications, copyrights, know-how, processes, ideas, inventions (whether patentable or not), formulas, other computer programs, databases, technical drawings, designs, algorithms, technology, circuits, layouts, designs, interfaces, materials, schematics, names and expertise of employees and consultants, any other technical, business, financial, customer information, product development plans, supplier information, forecasts, strategies and other confidential information), which to the extent previously, presently or subsequently disclosed to the Receiving Party is hereinafter referred to as “Confidential Information” of the Disclosing Party.
The Receiving Party shall (a) hold the Disclosing Party’s Confidential Information in confidence and take all commercially reasonable precautions to protect such Confidential Information (including, without limitation, all precautions the Receiving Party usually employs with respect to its own comparable confidential materials) (b) except as expressly provided herein, not disclose any such Confidential Information or any information derived therefrom to any third person, (c) not make any use whatsoever at any time of such Confidential Information except as necessary to exercise their rights and perform their obligations under this Agreement in strict accordance with the terms and conditions of this Agreement, and (d) except as expressly set forth herein, not copy or reverse engineer, or attempt to derive the composition or underlying information, structure or ideas of any such Confidential Information.
The Disclosing Party agrees that above Section shall not apply with respect to Confidential Information of the Disclosing Party that (i) is or becomes generally available to the public through no improper action or inaction by the Receiving Party or any of its affiliates, agents, consultants or employees, (ii) is released from confidential treatment by written consent of the Disclosing Party, (iii) was rightfully disclosed to the Receiving Party by a third party provided the Receiving Party complies with restrictions imposed by the third party, or (iv) was independently developed by the Receiving Party without the use of or reference to the Disclosing Party’s Confidential Information. Each Party, with prior written notice to the Disclosing Party and after providing the Disclosing Party reasonable opportunity to challenge or limit such disclosure, may disclose such Confidential Information to the minimum extent possible that is required to be disclosed to a governmental entity or agency, or pursuant to the lawful requirement or request of a governmental entity or agency, provided that reasonable measures are taken to guard against further disclosure, (including without limitation, seeking appropriate confidential treatment or a protective order, or assisting the other Party to do so) and has allowed the Disclosing Party to participate in any proceeding that requires the disclosure.
MISCELLANEOUS
This Agreement constitutes the entire agreement between you and BrainView® and governs your use of the PRODUCT, superseding any prior agreements between you and BrainView®. You also may be subject to additional terms and conditions that may apply when you use affiliate PRODUCT, third-party content, or third-party PRODUCT. If any part of this Agreement is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect. BrainView®‘s failure to enforce any right or provisions in this Agreement will not constitute a waiver of such or any other provision. BrainView® will not be responsible for failures to fulfill any obligations due to causes beyond its control.
The PRODUCT is operated by Medeia Inc from its offices in the United States. You agree to comply with all local, state, federal, and national laws, statutes, ordinances, and regulations that apply to your use of the PRODUCT. All transactions on the PRODUCT are governed by Texas law, without giving effect to its conflict of law provisions. Your use of the PRODUCT may also be subject to other laws. You expressly agree that exclusive jurisdiction for any claim or dispute with BrainView® or relating in any way to your use of the PRODUCT resides in the courts in the State of Texas. Risk of loss and title for all electronically delivered transactions pass to the purchaser in Texas upon electronic transmission to the recipient. No Medeia Inc® employee or agent has the authority to vary this Agreement.
BrainView® may notify you with respect to the PRODUCT by sending an email message to your email address or a letter via postal mail to your mailing address, or by a posting on the PRODUCT SOFTWARE. Notices shall become effective immediately.
BrainView® reserves the right to take steps BrainView® believes are reasonably necessary or appropriate to enforce and/or verify compliance with any part of this Agreement. You agree that BrainView® has the right, without liability to you, to disclose any Registration Data and/or information to law enforcement authorities, government officials, and/or a third party, as BrainView® believes is reasonably necessary or appropriate to enforce and/or verify compliance with any part of this Agreement (including but not limited to BrainView®‘s right to cooperate with any legal process relating to your use of the PRODUCT and/or software, and/or a third-party claim that your use of the PRODUCT and/or software is unlawful and/or infringes such third party’s rights).
CANCELLATIONS AND REFUNDS
All fees and charges paid by you in relation to the PRODUCT are nonrefundable, except as required by law or as otherwise stated herein.
As a registered user of the PRODUCT, you may establish an USER PROFILE don’t reveal your USER DATA information to anyone else. You are solely responsible for maintaining the confidentiality and security of your USER DATA and for all activities that occur on or through your USER PROFILE, and you agree to immediately notify BrainView® of any security breach of your USER PROFILE. You further acknowledge and agree that the PRODUCT is designed and intended PRESCRIPTION USE ONLY AND DO NOT share your USER PROFILE details with another individual. Provided we have exercised reasonable skill and due care, BrainView® shall not be responsible for any losses arising out of the unauthorized use of your USER PROFILE resulting from you not following these rules.
In order to use the PRODUCT, you must enter your BrainView® ID and password to authenticate your USER PROFILE. You agree to provide accurate and complete information when you register with, and as you use, the PRODUCT (“PRODUCT Registration Data”), and you agree to update your PRODUCT Registration Data to keep it accurate and complete. Failure to provide accurate, current and complete PRODUCT Registration Data may result in the suspension and/or termination of your USER PROFILE. You agree that BrainView® may store and use the PRODUCT Registration Data you provide for use in maintaining and billing fees to your USER PROFILE.
Additional Obligations or Terms of Use
Particular components or features of the PRODUCT provided by BrainView® and/or its licensors, including but not limited to the ability to download previous purchases Require separate PRODUCT or other license agreements or terms of use. You must read, accept, and agree to be bound by any such separate agreement as a condition of using these particular components or features of the PRODUCT.
No Conveyance
Nothing in this Agreement shall be construed to convey to you any interest, title, or license in BrainView® used by you in connection with the PRODUCT.
No Right of Survivorship
You agree that your USER PROFILE is non-transferable and that any rights to your BrainView® USER PROFILE or Content within your USER PROFILE terminate upon your death. Upon receipt of a copy of a death certificate your USER PROFILE may be terminated and all Content within your USER PROFILE deleted.
No Resale of PRODUCT
You agree that you will not reproduce, copy, duplicate, sell, resell, rent or trade the PRODUCT and the SOFTWARE (or any part thereof) for any purpose.
BrainView® PRIVACY POLICY
BrainView® will maintain and use customer information in accordance with the BrainView® Customer Privacy Policy available at www.medeia.com or request a copy at [email protected]
You understand that by using the PRODUCT, you consent and agree to the collection and use of certain information about you and your use of the PRODUCT in accordance with BrainView®’s Privacy Policy. You further consent and agree that BrainView® may collect, use, transmit, process and maintain information related to your USER PROFILE, and any devices or computers registered thereunder, for purposes of providing the PRODUCT, and any features therein, to you. Information collected by BrainView® when you use the PRODUCT may also include technical or diagnostic information related to your use that may be used by BrainView® to support, improve and enhance BrainView®’s PRODUCT and SOFTWARE. For more information please read our full privacy policy at www.medeia.com or request a copy at [email protected] You further understand and agree that this information may be transferred to the United States and/or other countries for storage, processing and use by BrainView® , its affiliates, and/or their SOFTWARE providers. Please note that personal information regarding individuals who reside in a member state of the European Economic Area (EEA) is jointly controlled by BrainView® AND Medeia Inc
Use of Location-based SOFTWARE
BrainView® and its partners and licensors may provide certain features or SOFTWARE through the PRODUCT that rely upon device-based location information, which use GPS (where available), along with crowd-sourced Wi-Fi hotspot and cell tower locations. To provide such features or SOFTWARE, where available, BrainView® and its partners and licensors must collect, use, transmit, process and maintain your location data, including but not limited to the geographic location of your device and information related to your any devices registered thereunder, including but not limited to your BrainView® ID, device ID and name, and device type. You hereby agree and consent to BrainView® ‘s and its partners’ and licensors’ collection, use, transmission, processing and maintenance of such location and USER PROFILE data to provide and improve such features or SOFTWARE.
You may withdraw this consent at any time by not using the location-based features and turning off INTERNET ACCESS IN settings (as applicable) on your device and computer. When using third party SOFTWARE that use or provide location data as part of the SOFTWARE, you are subject to and should review such third party’s terms and privacy policy on use of location data by such third party SOFTWARE. Any location data provided by the SOFTWARE is not intended to be relied upon in situations where precise location information is needed or where erroneous, inaccurate, time-delayed or incomplete location data may lead to death, personal injury, property or environmental damage. BrainView® shall use reasonable skill and due care in providing the SOFTWARE, but neither BrainView® nor any of its content providers guarantees the availability, accuracy, completeness, reliability, or timeliness of location data or any other data displayed by the SOFTWARE.
CONTENT AND YOUR CONDUCT
a. forge any TCP-IP packet header or any part of the header information in an email or a news group posting, or otherwise putting information in a header designed to mislead recipients as to the origin of any Content transmitted through the PRODUCT SOFTWARE (“spoofing”);
b. upload, post, email, transmit, store or otherwise make available any material that contains viruses or any other computer code, files or programs designed to harm, interfere or limit the normal operation of the SOFTWARE (or any part thereof ), or any other computer SOFTWARE or hardware;
c. interfere with or disrupt the SOFTWARE (including accessing the SOFTWARE through any automated means, like scripts or web crawlers), or any servers or networks connected to the SOFTWARE, or any policies, requirements or regulations of networks connected to the SOFTWARE (including any unauthorized access to, use or monitoring of data or traffic thereon);
d. plan or engage in any illegal activity; and/or
e. gather and store personal information on any other users of the SOFTWARE to be used in connection with any of the foregoing prohibited activities.
Removal of Content
You acknowledge that BrainView® is not responsible or liable in any way for any Content provided by others and has no duty to pre-screen such Content. However, BrainView® reserves the right at all times to determine whether Content is appropriate and in compliance with this Agreement, and may pre-screen, move, refuse, modify and/or remove Content at any time, without prior notice and in its sole discretion, if such Content is found to be in violation of this Agreement or is otherwise objectionable.
Backup Your Content
You are responsible for backing up, to your own computer or other device, any important documents, images or other Content that you store or access via the PRODUCT SOFTWARE. BrainView® shall use reasonable skill and due care in providing the SOFTWARE, but BrainView® does not guarantee or warrant that any Content you may store or access through the SOFTWARE will not be subject to inadvertent damage, corruption or loss.
GENERAL
No BrainView® reseller, agent, or employee is authorized to make any modification, extension, or addition to this Warranty. If any term is held to be illegal or unenforceable, the legality or enforceability of the remaining terms shall not be affected or impaired. This Warranty is governed by and construed under the laws of the country in which the BrainView® Product purchase took place. BrainView® or its successor in title is the warrantor under this Warranty.
This Agreement constitutes the entire agreement between you and BrainView® , governs your use of the PRODUCT and completely replaces any prior agreements between you and BrainView® in relation to the PRODUCT. You may also be subject to additional terms and conditions that may apply when you use affiliate PRODUCT, third-party content, or third-party PRODUCT.
If any part of this Agreement is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect. The failure of BrainView® to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or pro- vision. You agree that, except as otherwise expressly provided in this Agreement, there shall be no third-party beneficiaries to this agreement.
ELECTRONIC CONTRACTING
Your use of the PRODUCT includes the ability to enter into agreements and/or to make transactions electronically. YOU ACKNOWLEDGE THAT YOUR ELECTRONIC SUBMISSIONS CONSTITUTE YOUR AGREEMENT AND INTENT TO BE BOUND BY AND TO PAY FOR SUCH AGREEMENTS AND TRANSACTIONS. YOUR AGREEMENT AND INTENT TO BE BOUND BY ELECTRONIC SUBMISSIONS APPLIES TO ALL RECORDS RELATING TO ALL TRANSACTIONS YOU ENTER INTO ON THIS PRODUCT, INCLUDING NOTICES OF CANCELLATION, POLICIES, CONTRACTS, AND APPLICATIONS.
In order to access and retain your electronic records, you may be required to have certain hardware and PRODUCT, which are your sole responsibility.
BrainView Products
- Neuro Cognitive
- BrainView NeuralScan Pro
- Routine Clinical EEG
- BrainView EEG-21 Pro
- BrainView EEG-64 Pro+
- BrainView EEG Software
- Long-Term EEG Monitoring
- NeuroTrace Wireless EEG/PSG
- NeuroTrace Live Panel
- NeuroFeedback
- BrainView NeuroFeedback
- Cardiovascular
- VitalScan ANS +
- VitalScan SudoCheck +
- VitalScan Vascular +