NEUROKEYS KEYBOARD APP TERMS & CONDITIONS
Use of Neurokeys Keyboard is subject to the following terms and conditions
Neurocast BV, and it’s Neurokeys Keyboard App ('Neurocast') – End User License Agreement – September 2017.
PLEASE READ THIS AGREEMENT CAREFULLY BEFORE USING THE SOFTWARE:
This License Agreement ('License') is a legal agreement between you and Neurocast BV Limited ('Neurocast') governing your use of the Software called Neurokeys Keyboard and any data and associated materials, digital media or in-app content (including, without limitation, emoticons, emoji, stickers, themes, wallpapers, icons and related virtual goods) ('Content') supplied with or through it (together the 'Software') including any revisions, updates and/or modifications to it.
BY PROCEEDING TO INSTALL AND USE THE SOFTWARE, YOU (EITHER ON YOUR OWN BEHALF OR ON BEHALF OF YOUR EMPLOYER AS ITS AUTHORISED REPRESENTATIVE) AGREE TO BE BOUND BY THE TERMS OF THIS LICENCE. IF YOU DO NOT AGREE WITH THE TERMS OF THIS LICENCE, PLEASE DO NOT CONTINUE TO DOWNLOAD AND USE THE SOFTWARE.
- Provided that you have paid any fees (if any) which may be payable in respect of your use of the Software and otherwise comply with this License, Neurocast grant to you, a non-transferable, non-exclusive license to:
- install and use the Software on a single computational device ('Device') for your own personal or internal business purposes only, unless otherwise authorized;
- use the documentation provided within the application or Website help function and supplied with the Software (the 'Documentation') and make reasonable copies for training, reference and back-up purposes;
- License Keys
- You acknowledge that if the Software is supplied with a License Key which enables the Software to function during the term of this License, then use of this product without a valid License Key is strictly prohibited.
- Prohibited Uses
- Except as permitted by Clauses 1 and 2, you may not:
- use, copy, modify, transmit, adapt, vary or create derivative works based on the Software in whole or part;
- rent, lease, sub-license, sell or otherwise transfer the Software to any third party or allow it (or the Documentation) to be accessed by or copied onto another person’s Device. Unless permitted by law, you may not translate, reverse engineer, decompile, or disassemble the Software; or
- use any access software system to search the data in the Software other than the Software provided under this agreement.
- Intellectual Property Rights
- The Software, its structure and algorithms, are protected by copyright, database and other intellectual property laws, and all intellectual property rights in them belong to Neurocast or its licensors, as applicable.
- You will effect and maintain adequate security measures to safeguard the Software from theft or from access by any person other than those permitted in this License.
- Subject to the limitations and exclusions of liability below, Neurocast will do it’s utmost to make sure that the Software will, when properly used, perform in accordance with the functions described in the documentation (except those alpha or beta versions of the Software are provided 'as is' basis without any warranties of any kind). The warranty period is 90 days from the date of delivery to you. Neurocast and its suppliers, to the fullest extent permitted by law, disclaim all other warranties.
- You acknowledge that the Software has not been developed to meet your individual requirements and that it is therefore your responsibility to ensure that the facilities and functions of the Software meet your requirements.
- You acknowledge that the Software may not be free of bugs or errors and you agree that the existence of any minor errors shall not constitute a breach of this License.
- Neurocast will not be liable in any way for any costs or expenses, loss of profit business contracts revenues or expected savings or any special indirect or consequential damage whatsoever arising out of any provision or use of the Software.
- Neurocast maximum aggregate liability under or in connection with this License, whether in contract, tort (including negligence) or otherwise, shall be limited to a sum equal to any license fee paid to Neurocast. In case of a free version, this means the sum is equal to zero.
- Notwithstanding any other terms of this License, Neurocast does not attempt to exclude or limit its liability for death or personal injury caused by its negligence or for fraud or fraudulent misrepresentation.
- Personal data
- This License is effective until terminated in the event that you have breached a material term of this License or have not paid any part of any fees for the Software; or the expiry of any limited term of grant or License Key; or upon notice from Neurocast which may be given through its Website or by email (whichever is earlier).
- Upon termination, all rights granted to you under this license shall cease and you must delete or remove the Software from all Devices in your possession and control and immediately return all copies of the Software and Documentation to Neurocast.
- General Terms
- You may not assign, transfer, sub-contract or otherwise part with the Software or any right or obligation under this License without Neurocast written consent.
- This license shall be covered by Dutch Law and the Parties agree to submit to the non-exclusive jurisdiction of the Dutch courts.
- If any provision of this License is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions, which shall remain in full force and effect.
- No waiver of any term shall be deemed a further or continuing waiver of such term or any other.
- Except as expressly provided this License, this License constitutes the entire agreement between you and Neurocast with respect to your use of the Software.
- In the event that the Software incorporates Content owned by a third party, each such third party shall be a beneficiary of this License and shall be entitled to enforce the terms of the same.