Please read this License Agreement carefully before completing the installation process and using the BrainBit software. It grants a License to use the BrainBit software and contains warranty and disclaimer information.
This End-User License Agreement ("License Agreement") is a legal agreement between End-User and BrainBit Inc.
This License Agreement governs your purchase and use of our BrainBit software ("Software") directly from BrainBit Inc. The Software is licensed, not sold. By opening, downloading, installing, copying, or otherwise using the Software, and any other materials included with the Software, you agree to be bound by the terms of this Agreement with the United States company BrainBit, Inc.
The "Software" includes all software included with this Agreement (including related services), the accompanying manual(s), and other written files, electronic or online materials or documentation, and any and all copies of such software and its materials.
If you register for a free trial of the BrainBit software, this License Agreement will also govern that trial. By clicking "Accept" or by installing and/or using the BrainBit software, you signify your acceptance of the Software and agree to be bound by the terms of this License Agreement.
If you are entering into this EULA on behalf of a company or other legal entity, you represent that you have the authority to bind such legal entity and its affiliates to these terms and conditions. If you do not have such authority, or if you do not agree to the terms of this License Agreement, do not install or use the Software, and you must not accept this License Agreement.
This License Agreement applies only to the Software supplied by BrainBit Inc. hereby, regardless of whether other software is mentioned or described here. The Terms also apply to any updates, supplements, internet-based and support services for the BrainBit software , unless these goods are accompanied by other conditions on delivery. If so, these terms and conditions apply.
By clicking the "I Agree" button, downloading or using the Application, You are agreeing to be bound by the terms and conditions of this Agreement. If You do not agree to the terms of this Agreement, do not click on the "I Agree" button, do not download or do not use the Application.
Subject to this Agreement and its terms and conditions, Licensor hereby grants you a nonexclusive, non-transferable, limited, and revocable right and license to use one copy of the Software for your personal, non-commercial use.
BrainBit Inc. hereby grants you a personal, revocable, non-transferable, non-exclusive License to download, install and use the BrainBit software on your devices in accordance with the terms of this EULA.
1.1. You are allowed to download the BrainBit software (e.g. PC, laptop, mobile phone or tablet) under your control. It is your responsibility to ensure that your device meets the minimum requirements for the BrainBit software.
1.2. You are not allowed and agree not to, and not to provide guidance or instruction to any other individual or entity on how to:
The term of your License under this Agreement shall commence on the date that you install or otherwise use the Software and ends on the earlier date of either your disposal of the Software or the termination of this Agreement.
You may terminate it at any time upon written notice from BrainBit Inc.
It will also terminate immediately if you fail to comply with any term of this EULA. Upon such termination, the licenses granted by this EULA will immediately terminate and you agree to cease all access to and use of the Software.
Terms which survive by their nature will survive any termination of this License Agreement.
To the fullest extent of applicable law, Licensor shall not be liable for special, incidental, or consequential damages resulting from possession, use, or malfunction of the Software by BrainBit Inc., including, but not limited to, damages to property, loss of goodwill, computer failure or malfunction , and, to the extent permitted by law, damages for personal injuries, property damage, or lost profits or punitive damages from any causes of action arising out of or related to this Agreement ot the Software, whether arising in tort (including negligence), contract, strict liability, or otherwise, whether or not Licensor has been advised of the possibility of such damages, to the fullest extent of applicable law, Licensor’s liability for all damages shall not (except as required by applicable law) exceed the actual price paid by you for use of the Software.
BrainBit Inc. always retains ownership of the Software originally downloaded by You and all subsequent downloads of the Software by You.
The Software (and copyright and other intellectual property rights of any nature in the Software, including any modifications made to it) are and will remain the property of BrainBit Inc.
BrainBit Inc. reserves the right to grant licenses to use the Software to third parties, with written permission BrainBit Inc.
This License Agreement and any dispute arising out of or in connection with this License Agreement shall be governed by and construed in accordance with international treaties and the laws of the United States, in particular the laws of the State of New York, as well as the "United Nations Convention on Contracts for the International Sale of sale” and the Vienna Convention.
The Software and documentation have been developed entirely at private expense and are provided as "Commercial Computer Software" or "restricted computer software." Use, duplication, or disclosure by the U.S. Government or a U.S. Government subcontractor is subject to the restrictions set forth in subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer Software clauses in DFARS 252.227-7013 or as set forth in subparagraph (c)(1) and (2) of the Commercial Computer Software Restricted Rights clauses at FAR 52.227-19, as applicable. The Contractor/Manufacturer is Licensor at the location listed below.
All access to and use of the Software is subject to this Agreement, the applicable Software documentation, Licensor's Terms of Service, and Licensor's Privacy Policy, and all terms and conditions of the Terms of Service are hereby incorporated into this Agreement by this reference. These Agreements represent the complete Agreement between you and Licensor relating to use of the Software and related services and products and supersede and replace any prior Agreements between you and Licensor, whether written or oral. To the extent there is a conflict between this Agreement and the Terms of Service, this Agreement shall control.
We may update this End-User License Agreement from time to time in order to reflect, for example, changes to our practices or for other operational, legal, or regulatory reasons.
Last updated: May, 2022
© BrainBit Inc.
