DWM Mobile App
Copyright (c) 2015 Neural Direct LLC
*** END USER LICENSE AGREEMENT ***
IMPORTANT: PLEASE READ THIS LICENSE CAREFULLY BEFORE USING THIS SOFTWARE.
1. LICENSE
By installing and/or using using DWM Mobile App ("Software") containing this software, you agree that this End User User License Agreement (EULA) is a legally binding and valid contract and agree to be bound by it. You agree to abide by the intellectual property laws and all of the terms and conditions of this Agreement.
Your use of DWM Mobile App indicates your acceptance of this license agreement and warranty.
Subject to the terms of this Agreement, Neural Direct LLC grants to you a limited, non-exclusive, non-transferable license, without right to sub-license, to use DWM Mobile App in accordance with this Agreement and any other written agreement with Neural Direct LLC. Neural Direct LLC does not transfer the title of DWM Mobile App to you; the license granted to you is not a sale. This agreement is a binding legal agreement between Neural Direct LLC and the purchasers or users of DWM Mobile App.
If you do not agree to be bound by this agreement, remove DWM Mobile App from your device.
2. DISTRIBUTION
DWM Mobile App and the license herein granted shall not be copied, shared, distributed, re-sold, offered for re-sale, transferred or sub-licensed in whole or in part except that you may make one copy for archive purposes only.
3. USER AGREEMENT
3.1 Use
Your license to use DWM Mobile App is limited to connecting to the DWM online service leased by you. You shall not allow others to use, copy or evaluate copies of DWM Mobile App.
3.2 Use Restrictions
You shall use DWM Mobile App in compliance with all applicable laws and not for any unlawful purpose.
3.3 Copyright Restriction
This Software contains copyrighted material, trade secrets and other proprietary material. You shall not, and shall not attempt to, modify, reverse engineer, disassemble or decompile DWM Mobile App. Nor can you create any derivative works or other works that are based upon or derived from DWM Mobile App in whole or in part.
Neural Direct LLC retains sole and exclusive ownership of all right, title and interest in and to DWM Mobile App and all Intellectual Property rights relating thereto.
Copyright law and international copyright treaty provisions protect all parts of DWM Mobile App, products and services. No program, code, part, image, audio sample, or text may be copied or used in any way by the user except as intended within the bounds of the single user program. All rights not expressly granted hereunder are reserved for Neural Direct LLC.
3.4 Limitation of Responsibility
You will indemnify, hold harmless, and defend Neural Direct LLC, its employees, agents and distributors against any and all claims, proceedings, demand and costs resulting from or in any way connected with your use of Neural Direct LLC's Software.
In no event (including, without limitation, in the event of negligence) will Neural Direct LLC , its employees, agents or distributors be liable for any consequential, incidental, indirect, special or punitive damages whatsoever (including, without limitation, damages for loss of profits, loss of use, business interruption, loss of information or data, or pecuniary loss), in connection with or arising out of or related to this Agreement, DWM Mobile App or the use or inability to use DWM Mobile App or the furnishing, performance or use of any other matters hereunder whether based upon contract, tort or any other theory including negligence.
3.5 Warranties
Except as expressly stated in writing, Neural Direct LLC makes no representation or warranties in respect of this Software and expressly excludes all other warranties, expressed or implied, oral or written, including, without limitation, any implied warranties of merchantable quality or fitness for a particular purpose.
3.6 Governing Law
This Agreement shall be governed by the law of the United States applicable therein. You hereby irrevocably attorn and submit to the non-exclusive jurisdiction of the courts of United States therefrom. If any provision shall be considered unlawful, void or otherwise unenforceable, then that provision shall be deemed severable from this License and not affect the validity and enforceability of any other provisions.
3.7 Termination
Any failure to comply with the terms and conditions of this Agreement will result in automatic and immediate termination of this license. Upon termination of this license granted herein for any reason, you agree to immediately cease use of DWM Mobile App and destroy all copies of DWM Mobile App supplied under this Agreement.
4. DISCLAIMER OF WARRANTY
THIS SOFTWARE AND THE ACCOMPANYING FILES ARE SOLD "AS IS" AND WITHOUT WARRANTIES AS TO PERFORMANCE OR MERCHANTABILITY OR ANY OTHER WARRANTIES WHETHER EXPRESSED OR IMPLIED. THIS DISCLAIMER CONCERNS ALL FILES GENERATED AND EDITED BY DWM Mobile App AS WELL.
5. CONSENT OF USE OF DATA
You agree that Neural Direct LLC may collect and use information gathered in any manner as part of the product support services provided to you, if any, related to DWM Mobile App. Neural Direct LLC may also use this information to provide notices to you which may be of use or interest to you.