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Terms of Use

EMOTIV Terms of Use

 

The EMOTIV applications, software development kit and other software (collectively, the “Software”) that You seek to download from EMOTIV’s website (the “Website”) will enable You to use the EMOTIV Cloud Service (“Service”). The Software and Service are intended for use in connection with the EPOC/EPOC+/EPOC Flex neuroheadset (“EPOC”) and Insight Brainwear. Your use of the Software, Service and Website is subject to the terms and conditions set forth in this EMOTIV Terms of Use (“Terms of Use”).

 

BY INSTALLING OR USING ALL OR ANY PORTION OF THE SOFTWARE OR BY USING THE SERVICE OR WEBSITE, YOU ACCEPT ALL OF THESE TERMS OF USE AND AGREE THAT THESE TERMS OF USE CREATE A LEGALLY BINDING CONTRACT BETWEEN YOU AND EMOTIV, INC., A DELAWARE CORPORATION, WITH ITS PRINCIPAL PLACE OF BUSINESS AT 490 POST STREET, SAN FRANCISCO, CA 94102, USA (“EMOTIV”).

 

IF YOU DO NOT AGREE TO ALL OF THESE TERMS OF USE, DO NOT INSTALL OR USE ALL OR ANY PORTION OF THE SOFTWARE OR USE THE SERVICE OR WEBSITE.

 

“YOU” OR “YOUR” MEANS THE INDIVIDUAL ACCEPTING THESE TERMS OF USE OR THE COMPANY OR OTHER LEGAL ENTITY FOR WHICH SUCH INDIVIDUAL IS ACCEPTING THESE TERMS OF USE IN ACCORDANCE WITH THE FOLLOWING REQUIREMENTS. IF YOU ARE AGREEING TO BE BOUND BY THESE TERMS OF USE ON BEHALF OF A COMPANY OR OTHER LEGAL ENTITY, FOR EXAMPLE YOUR EMPLOYER, YOU REPRESENT AND WARRANT THAT YOU HAVE FULL LEGAL AUTHORITY TO BIND THAT COMPANY OR OTHER LEGAL ENTITY TO THESE TERMS OF USE. IF YOU DO NOT HAVE THAT AUTHORITY, YOU MAY NOT ACCEPT THESE TERMS OF USE OR ACCESS OR USE THE SOFTWARE, SERVICE OR WEBSITE ON BEHALF OF THAT COMPANY OR OTHER LEGAL ENTITY.

 

THE SOFTWARE, SERVICE AND WEBSITE ARE INTENDED FOR INFORMATIONAL PURPOSES ONLY, AND ARE NOT INTENDED FOR USE IN CONNECTION WITH THE DIAGNOSIS, PREVENTION, TREATMENT, OR CURE OF ANY MEDICAL CONDITION. EMOTIV DOES NOT ENDORSE ANY SUCH USAGE AND DISCLAIMS ANY AND ALL LIABILITY WITH RESPECT TO ANY SUCH USAGE.

 

IMPORTANT NOTE REGARDING CHILDREN. USE OF THE SOFTWARE, SERVICE OR WEBSITE BY PERSONS UNDER THE AGE OF 13 IS PROHIBITED. IF YOU ARE UNDER THE AGE OF 13, DO NOT USE THE SOFTWARE, SERVICE OR WEBSITE.

 

1. Privacy Policy. Protecting Your privacy is important to EMOTIV. EMOTIV’s Privacy Policy can be found on the Website. Please take a moment to review the Privacy Policy. It describes EMOTIV’s collection, use, and disclosure of data and information in connection with Your use of the Software, Service and Website. The Privacy Policy, as it may be updated by EMOTIV from time to time, is incorporated into these Terms of Use.

 

2. End User License Agreement. Your use of the Software and Service is also subject to the terms and conditions of EMOTIV’s End User License Agreement (“EULA”). The EULA can be found on the Website. In the event of a conflict between these Terms of Use and the terms of the EULA, these Terms of Use will control over the conflicting terms of the EULA. Any reference in the EULA to software shall also include the Service unless the inclusion of the Service is illogical in that particular context. The EULA, as it may be amended by EMOTIV from time to time, is incorporated into these Terms of Use.

 

3. License. Subject to Your compliance with all of these Terms of Use, EMOTIV grants You a limited, nonexclusive, nonsublicenseable, nontransferable, revocable license to install and use the Software for purposes of accessing and using the Service.

 

4. Ownership; Proprietary Rights. EMOTIV retains all rights to the Software, Service and Website not specifically granted in these Terms of Use. EMOTIV or third parties own the Software, Service and Website, including all worldwide right, title, and interest, including all intellectual property and other proprietary rights, as well as all usage and other data generated or collected in connection with the use of the Software, Service and Website. The Software, Service and Website are protected by United States laws and international treaty provisions. Except as expressly set forth in these Terms of Use, You may not reverse engineer, disassemble, decompile, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, or otherwise make any unauthorized use of the Software, Service, Website or any other EMOTIV property.

 

5. Scan Data. You retain ownership of the scan data collected by Your EPOC/+/Flex or Insight Brainwear device that You upload to the Service through use of the Software. You hereby grant EMOTIV a worldwide, non-exclusive, fully paid-up, royalty-free, irrevocable, perpetual license to: (i) use, reproduce, display, transmit, and prepare derivative works of Your scan data for purposes of providing the Service to You, for so long as You maintain Your Service user account; (ii) distribute Your scan data to third parties to whom You authorize such distribution, including third parties who operate research and other studies or programs; and (iii) use, reproduce, display, transmit, distribute, perform, and otherwise exploit Your scan data, with the right to grant sublicenses, in any media formats and through any media channels where it is aggregated with scan data relating to other Service users such that You are not personally identified or identifiable.

 

6. Third Party Programs. The Software and Service may facilitate Your participation (at Your option) in research and other studies or programs relating to scan data conducted by third parties. If You choose to participate, EMOTIV will disclose scan data relating to Your participation to the applicable third party. Third parties may offer You compensation in connection with Your participation. You acknowledge and agree that EMOTIV only facilitates the transfer of information to You about the third parties’ research, studies, or programs, the transfer of Your scan data to the third parties, and the payment of compensation between You and the third parties, and that EMOTIV does not conduct the research, studies, or programs or control the actions of the third parties, EMOTIV itself is not liable for any payments and EMOTIV has no liability to You relating to Your participation. Third party research, studies, and programs may be subject to additional terms and conditions required by the third party. EMOTIV recommends that You review and ensure You agree with any such terms and conditions before participating.

 

7. Third Party Software. If You access any Third Party Software, You hereby authorize EMOTIV to share all or certain portions of Your scan data with the applicable Third Party Software provider based on the terms and conditions (including the license tier and number of license seats) of EMOTIV‘s license agreement with that provider. In the event the provider fails to comply with any terms and conditions of the license agreement, EMOTIV has the right to cease sharing Your scan data with that provider, which may prevent the Third Party Software from functioning properly. “Third Party Software” means software developed by a third party using EMOTIV’s software development kit, which relies on Your scan data to function, including but not limited to enterprise, consumer and free software applications.

 

8. Prohibited Uses of the Service. As a condition of Your use of the Service, You will not use the Service for any purpose that is unlawful, fraudulent, or prohibited by these Terms of Use. You may not use the Service in any manner that EMOTIV determines, in its sole discretion, could damage, disable, overburden, or impair the Service or interfere with any other party’s use of the Service. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Service. Under no circumstances will You attempt to access the user account or scan data of any other Service user without EMOTIV’s authorization.

 

9. Our Communications with You. You consent to receive communications from EMOTIV electronically. We will communicate with You by email or by posting notices on the Service. You agree that all agreements, notices, disclosures, and other communications that EMOTIV provides to You electronically satisfy any legal requirement that such communications be in writing.

 

10. Termination. You may terminate these Terms of Use at any time, for any reason or for no reason, by deleting all copies of the Software in Your possession or control, cancelling Your Service user account and discontinuing all use of the Website. EMOTIV, in its sole discretion, and for any or no reason, may terminate these Terms of Use, Your user account, all or any part of Your use of the Service, and/or your access to the Website, EMOTIV may do so without prior notice, and EMOTIV will not be liable to You or any third party for doing so. EMOTIV may also, in its sole discretion, and at any time and for any or no reason, discontinue providing all or any part of the Service, Software or Website, with or without prior notice, and EMOTIV will not be liable to You or any third party for doing so. Upon termination of these Terms of Use, You agree to delete all copies of the Software in Your possession or control. Sections 4, 5 and 9 survive termination of these Terms of Use.

 

IF YOU DO NOT AGREE TO ALL OF THESE TERMS OF USE, DO NOT INSTALL OR USE ALL OR ANY PORTION OF THE SOFTWARE OR USE THE SERVICE OR WEBSITE.

Last Updated December 8, 2017