End user agreement for NPointer
NPointer version 2.0
IMPORTANT - Read this License Agreement Carefully
By downloading the Software you indicate your acceptance of the Software License Agreement.
Definitions and Interpretations
In this Agreement, unless the context otherwise requires:
"Software" means the product which is covered by this License Agreement and which is named as NPointer. NPointer is an application for gestural and voice command computer control.
The following License terms govern your use of the Software unless you have concluded the separate agreement with Neurotechnology. By installing, you agree to be bound by the terms of this License Agreement. If you do not agree to the terms of this License Agreement, you may not install, copy or otherwise use the Software.
Software Product License
Copyright laws and international copyright treaties, as well as other intellectual property laws and treaties protect the Software. The Software is licensed, not sold.
1. Grant of License. Description of other Rights and Limitations
1.1. Use of the Software.
Neurotechnology grants you a personal, non-exclusive license to use the Software for the purpose of gestural computer control without paying any fees. Installation, adaptation, distribution in any other manner than prescribed in this Agreement is forbidden and concludes the breach of this Agreement provisions.
1.2. Installation and distribution.
You may install and distribute the Software in the original form as many times as you need without paying any fees.
1.3.1. Limitations on Reverse Engineering, Decompilation, and Disassembly.
You may not reverse engineer, decompile, or disassemble the Software. If you learn of any misuse of Software, you shall notify Neurotechnology immediately.
1.3.2. Proprietary notices.
You may not remove any proprietary notices on the Software.
1.3.3. Export control.
You will not export or re-export Software without appropriate licenses, in case the law requires such licenses.
The Software is owned and copyrighted by Neurotechnology. Your license confers no title to, or ownership in the Software and is not sale of any rights of the Software. Any provision of this Agreement should not be construed as an expression to assign or sell any copyrights or any other intellectual property rights to the Software from Neurotechnology to you.
All title and Neurotechnology owns copyrights in and to the Software, and accompanying printed materials. Copyright laws and International treaty provisions protect the Software. Therefore you must treat the Software products like any other copyrighted material (e.g., a book or musical recording). You may not use or copy the Software or any accompanying written materials for any purposes other than what is described in this Agreement. The Software is Copyright (C) 2012-2013 Neurotechnology. All rights reserved. The Software remains the sole and exclusive property of Neurotechnology at all times.
4. Disclaimer of Warranty
The Software is provided "AS IS" and any express or implied warranties, including, but not limited to, the implied arranties of merchantability and fitness for a particular purpose are disclaimed.
5. Exclusion of Liability/Damages
In no event shall Neurotechnology be liable for any direct, indirect, incidental, special, exemplary, or consequential damages (including, but not limited to, procurement of substitute goods or services; loss of use, data, or profits; or business interruption) however caused and on any theory of liability, whether in contract, strict liability, or tort (including negligence or otherwise) arising in any way out of the use of this Software, even if advised of the possibility of such damage.
This Agreement will become effective upon your acceptance and continue in effect unless you cease to use the Software. You may terminate this License Agreement at any time. In addition, without prejudice to any other rights, this Agreement and the license granted hereunder will terminate automatically if you fail to comply with the terms and conditions described herein. You agree that, upon such termination, you will destroy or permanently erase all copies of the Software.
7. Entire Agreement
This License Agreement is the entire agreement between you and Neurotechnology relative to the Software, and supersedes all prior statements, proposals or agreements relative to its subject matter, written or oral. This Agreement may only be modified in writing signed by an authorized representative of Neurotechnology.
8. Controlling Law and Severability
This License shall be governed by and construed in accordance with the laws of the Republic of Lithuania, as applied to agreements entered into and to be performed entirely within Lithuania between Lithuanian residents. 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.