SpikeNet Technology License Agreement

SPIKENET TECHNOLOGY SOFTWARE LICENSE AGREEMENT

PLEASE READ THIS LICENSE CAREFULLY BEFORE DOWNLOADING OR USING THE SOFTWARE. BY DOWNLOADING OR USING THE SOFTWARE, YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THIS LICENSE. IF YOU DO NOT AGREE TO THE TERMS OF THIS LICENSE, PROMPTLY DELETE THE UNUSED SOFTWARE FROM YOUR COMPUTER OR DEVICE.

1. License. The application, demonstration and other software accompanying this License, whether on disk, in read-only memory, or on any other media (the "SpikeNet Software") and the related documentation are licensed to you by SpikeNet Technology (thereafter "SPIKENET"). SpikeNet is the licensor under this License Agreement. SPIKENET’s software were developed as collaboration between the Centre de Recherche Cerveau et Cognition (Brain and Cognition Research Center, 133 route de Narbonne, 31062 Toulouse, FRANCE) and SpikeNet Technology.
You own, rent or use free-of-charges the medium on which SPIKENET’s Software is recorded, but SPIKENET and/or SPIKENET's Licensor(s) retain title to SPIKENET's Software and related documentation. This License allows you to use SPIKENET's Software on a single hardware support and
only make one copy of SPIKENET's Software in machine-readable form for backup purposes only. You must reproduce on such a copy SPIKENET's copyright notice and any other proprietary legends that
were on the original copy of SPIKENET's Software. You may also transfer all your license rights on SPIKENET's Software, the backup copy of SPIKENET's Software, the related documentation, and a copy of this License to another party, provided the other party reads and agrees to accept the terms and conditions of this License.

2. Restrictions. SPIKENET's Software contains copyrighted material, trade secrets, and other proprietary material. In order to protect them and except as permitted by applicable legislation, you may not decompile, reverse engineer, disassemble, or otherwise reduce SPIKENET's Software to a human-perceivable form ; copy, modify, network, rent, lease, loan, or distribute SPIKENET's Software ;
or create derivative works based upon SPIKENET's Software in whole or in part other than as expressly permitted by applicable legislation.

3. Termination. This License is effective until terminated. You may terminate this License at any time by destroying SPIKENET's Software and related documentation, and all copies thereof. This License will terminate immediately without notice from SPIKENET if you fail to comply with any provision of this License.
Upon termination you must destroy SPIKENET's Software, related documentation and all copies thereof. Upon termination you shall remain subject to the provisions, restrictions, and exclusions in this License Agreement and shall have no right to any refund of any amounts paid for SPIKENET's Software. No
termination shall release you from liability for any breach of this License Agreement.

4. Export Law Assurances. You agree and certify that neither SPIKENET's Software, nor any other technical data received from SPIKENET, nor the direct product thereof, will be shipped, transferred,
or exported, directly or indirectly, to any country in violation of any applicable law.

5. Disclaimer of Warranty on SPIKENET's Software. You expressly acknowledge and agree that the use of SPIKENET's Software is at your sole risk. SPIKENET's Software and related documentation are provided
" AS IS" and without warranty of any kind and SPIKENET, SPIKENET's Licensor(s) EXPRESSLY DISCLAIM ALL WARRANTIES AND/OR CONDITIONS, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. SPIKENET DOES NOT WARRANT FUNCTIONS CONTAINED IN SPIKENET'S SOFTWARE WILL MEET YOUR REQUIREMENTS, OR THAT THE OPERATION OF SPIKENET'S SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT THE DEFECTS IN SPIKENET'S SOFTWARE WILL BE CORRECTED. FURTHERMORE, SPIKENET DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF SPIKENET'S SOFTWARE OR RELATED DOCUMENTATIONS IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. NO ORAL OR WRITTEN INFORMATION OR
ADVICE GIVEN BY SPIKENET OR AN SPIKENET-AUTHORISED REPRESENTATIVE SHALL
CREATE A SPIKENET SOFTWARE PROVE DEFECTIVE, YOU (AND NOT SPIKENET OR
AN SPIKENET-AUTHORISED REPRESENTATIVE) ASSUME THE ENTIRE COST OF
ALL NECESSARY SERVICING, REPAIR, OR CORRECTION.
SPikeNet's aggregate liability in respect of any single event or series of events whether as a result of negligence, breach of contract, misrepresentation, or otherwise shall in no circumstances exceed the cost of the defective, damaged, or undelivered product determined by the net invoiced price.
Save as expressly provided to the contrary, all conditions, warranties, and representations expressed or implied by statute, law or otherwise in relation to any of SPIKENET's Product are hereby
excluded, and SPIKENET shall be under no liability for any loss, damage or injury, direct or indirect, resulting from defective material, faulty workmanship, or otherwise.
THE TERMS OF THIS DISCLAIMER DO NOT AFFECT OR PREJUDICE THE
STATUTORY RIGHTS OF A CONSUMER ACQUIRING SPIKENET'S PRODUCTS OTHERWISE
THAN IN THE COURSE OF BUSINESS. NEITHER DO THEY LIMIT OR EXCLUDE
ANY LIABILITY FOR DEATH OR PERSONNAL INJURY CAUSED BY SPIKENET'S
NEGLIGENCE.

6. Limitation of Liability. UNDER NO CIRCUMSTANCES, INCLUDING
NEGLIGENCE, SHALL SPIKENET BE LIABLE FOR ANY INCIDENTAL, SPECIAL,
OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OR INABILITY
TO USE SPIKENET'S SOFTWARE OR RELATED DOCUMENTATION, EVEN IF SPIKENET
OR AN SPIKENET-AUTHORISED REPRESENTATIVE HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES. In no event shall SPIKENET'S total
liability to you for all damages, losses, and causes of action (whether in contract, tort -including negligence-, or otherwise) exceed the amount paid by you for SPIKENET'S Software.

7. Controlling Law and Severability. This License shall be governed by and construed in accordance with the laws of France. If for any reason a court of competent jurisdiction finds any provision of this License, or portion thereof, to be unenforceable, that provision of the License shall be enforced to the maximum extent permissible so as to effect the intent of the parties and the remainder of this License shall continue in full force and effect.

8. Acknowledgment. You acknowledge that you have read this License Agreement and Limited Warranty, understand them, and agree to be bound by their terms and conditions. You also agree that
the License Agreement and Limited Warranty are the complete and exclusive statement of agreement between the parties and supersede all proposals or prior agreements, oral or written, and any other communication between the parties relating to the subject matter of the License Agreement or the Limited Warranty. No amendment to or modification of this License will be binding unless in writing and signed by a duly authorized representative of SPIKENET.

Should you have any questions concerning this License Agreement, please contact :
SpikeNet Technology, Prologue1, La Pyrénéenne, B.P.27201, 31672 LABEGE Cédex (FRANCE)
or write to contact@spikenet-technology.com