End-User License Agreement (EULA) of Easy Electrophysiology

This End-User License Agreement ("EULA") is a legal agreement between you and Easy Electrophysiology Ltd. This EULA agreement governs your acquisition and use of our Easy Electrophysiology software ("Software") directly from Easy Electrophysiology Ltd or indirectly through an Easy Electrophysiology Ltd authorized reseller or distributor (a "Reseller").

Please read this EULA agreement carefully before completing the installation process and using the Easy Electrophysiology software. It provides a license to use the Easy Electrophysiology software and contains warranty information and liability disclaimers.

If you register for a free trial of the Easy Electrophysiology software, this EULA agreement will also govern that trial. By clicking "accept" or installing and/or using the Easy Electrophysiology software, you are confirming your acceptance of the Software and agreeing to become bound by the terms of this EULA agreement.

If you are entering into this EULA agreement on behalf of a company or other legal entity, you represent that you have the authority to bind such entity and its affiliates to these terms and conditions. If you do not have such authority or if you do not agree with the terms and conditions of this EULA agreement, do not install or use the Software, and you must not accept this EULA agreement.

This EULA agreement shall apply only to the Software supplied by Easy Electrophysiology Ltd here with regardless of whether other software is referred to or described herein. The terms also apply to any Easy Electrophysiology Ltd updates, supplements, Internet-based services, support services for the Software.

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If you agree to this EULA, you are granted a limited, personal, worldwide, royalty-free, non-assignable, non-sublicenseable, non-transferable and non-exclusive license to use the software. you are permitted to use one (1) copy of the software for your (a) private, non-commercial purposes or (b) commercial purposes as a service provider in a commercial business (“business user”) depending on your user type as described below.

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Academic and Corporate software.

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If the Software is identified as an academic or education edition version in the user documentation or on the purchase or download page of the website, and You qualify as an academic end user, you may install and access the Software on up to the permitted number of computers, as agreed to by you and Easy Electrophysiology, but only for educational or non-profit academic purposes and for no other purpose. For commercial and for-profit use, the Corporate version of the software must be purchased. Academic versions of the Software may not be used for commercial, professional, or other for-profit purposes. Notwithstanding the foregoing, you are not entitled to use the Software unless you qualify in your jurisdiction as an academic end user. If unsure, contact Easy Electrophysiology to determine whether you qualify as an academic end user.

License Grant

Easy Electrophysiology Ltd hereby grants you a personal, non-transferable, non-exclusive licence (without right to sublicense) to use the Easy Electrophysiology software on your devices in accordance with the terms of this EULA agreement.

You are permitted to load the Easy Electrophysiology software (for example a PC, laptop, mobile or tablet) under your control. You are responsible for ensuring your device meets the minimum requirements of the Easy Electrophysiology software.

You are not permitted to:
• Edit, alter, modify, adapt, translate or otherwise change the whole or any part of the Software.
• Permit the whole or any part of the Software to be combined with or become incorporated in any other software, nor decompile, disassemble or reverse engineer the Software or attempt to do any such things.
• Reproduce, copy, distribute, resell or otherwise use the Software for any commercial purpose
• Allow any third party to use the Software on behalf of or for the benefit of any third party
• Use the Software in any way which breaches any applicable local, national or international law
• Use the Software for any purpose that Easy Electrophysiology Ltd considers is a breach of this EULA agreement

Use of the Software.

You agree to pay the fee associated with your use of the Software. The fee excludes all applicable taxes and other charges, unless stated otherwise. You are solely responsible for paying such taxes or charges. Unless otherwise provided by law all purchases are final and non-refundable. Easy Electrophysiology may suspend or cancel your access to the Service or Software if Easy Electrophysiology does not receive payment from you.

For U.S. Government users, the Software is a “Commercial Item(s),” as that term is defined at 48 C.F.R. Section 2.101, consisting of “Commercial Computer Software” and “Commercial Computer Software Documentation,” as such terms are used in 48 C.F.R. Section 12.212 or 48 C.F.R. Section 227.7202, as applicable. Consistent with 48 C.F.R. Section 12.212 or 48 C.F.R. Sections 227.7202 1 through 227.7202 4, as applicable, the Commercial Computer Software and Commercial Computer Software Documentation are being licensed to U.S. Government users (a) only as Commercial Items and (b) with only those rights as are granted to all other end users pursuant to the terms and conditions of this Agreement.

Feedback/Use of Licensee’s Name

You agree to provide to Easy Electrophysiology suggestions, comments and feedback regarding the Service or Software at your sole discretion, including but not limited to performance feedback, usability and bug reports (collectively, "Feedback"). You warrant that your Feedback is not subject to any license or other terms that would purport to require Easy Electrophysiology to comply with any additional obligations. If you provide such Feedback to Easy Electrophysiology, you hereby grant Easy Electrophysiology the following worldwide, non-exclusive, perpetual, irrevocable, royalty free rights to:  make, use, copy, modify, sell, distribute, publicly perform or display, sublicense and create derivative works of the Feedback as part of any Easy Electrophysiology product, technology, service or documentation (individually and collectively, "Easy Electrophysiology Products").  

Intellectual Property and Ownership

Easy Electrophysiology Ltd shall at all times retain ownership of the Software as originally downloaded by you and all subsequent downloads of the Software by you. The Software (and the copyright, and other intellectual property rights of whatever nature in the Software, including any modifications made thereto) are and shall remain the property of Easy Electrophysiology Ltd.

Easy Electrophysiology Ltd reserves the right to grant licences to use the Software to third parties.

Easy Electrophysiology own all proprietary rights in and to the Software.  The Service and any Software provided to you is licensed and not sold.  Easy Electrophysiology retains all rights and does not grant any express or implied right to you under any Easy Electrophysiology patents, copyrights, trademarks, or trade secret information. You agree to use reasonable efforts to cooperate with Easy Electrophysiology in identifying and preventing any unauthorized use, copying, or disclosure of the Service or the Software.

Termination

This EULA agreement is effective from the date you first use the Software and shall continue until terminated. You may terminate it at any time upon written notice to Easy Electrophysiology Ltd.

It will also terminate immediately if you fail to comply with any term of this EULA agreement. Upon such termination, the licenses granted by this EULA agreement will immediately terminate and you agree to stop all access and use of the Software. The provisions that by their nature continue and survive will survive any termination of this EULA agreement.

Warranties Exclusion

The Licensee hereby accepts the service and software, "as is" and with all faults, defects and errors and licensee understands that it assumes all risks of use, quality, and performance, without any express or implied warranty including implied warranties of accuracy, merchantability, fitness for a particular purpose, title and non-infringement.. In no event will the authors be held liable for any damages arising from the use of this software.

This software is provided 'as-is', without any express or implied warranty. In no event will the authors be held liable for any damages arising from the use of this software.

Limitation of Liability

Licensee agrees that Easy Electrophysiology may not be held liable for any claim, loss, damages, expenses or costs of an indirect nature, lost profits or otherwise.  This limitation applies to all causes of action or claims in the aggregate, including, without limitation, breach of contract, breach of warranty, indemnity, negligence, strict liability, misrepresentation and other torts. The limitations in this section apply to you only to the extent they are lawful in your jurisdiction. This limitation of liability is intended to apply without regard to whether other provisions of this agreement have been breached or have proven ineffective.

Governing Law

This EULA agreement, and any dispute arising out of or in connection with this EULA agreement, shall be governed by and construed in accordance with the laws of Great Britain.