WAKE FOREST UNIVERSITY BAPTIST MEDICAL CENTER / HEALTH SCIENCES
ADVANCED NEUROSCIENCE IMAGING RESEARCH SOFTWARE DOWNLOADS
THIS AGREEMENT CONCERNS YOUR RIGHTS AND OBLIGATIONS - READ IT CAREFULLY: This End-User License Agreement ("EULA") is a legal agreement between you (either an individual or a single legal entity) and WAKE FOREST UNIVERSITY HEALTH SCIENCES (“WFUHS”) for the software product identified above, which includes computer software, databases, related electronic or online documentation, associated electronic storage media and printed materials (all together, the "Software Product" or "Software"). BY DOWNLOADING, INSTALLING, COPYING, OR OTHERWISE USING THE SOFTWARE PRODUCT, YOU AGREE TO BE BOUND BY THE TERMS OF THIS EULA. IF YOU DO NOT AGREE TO THE TERMS OF THIS EULA, YOU ARE NOT AUTHORIZED TO USE THE SOFTWARE PRODUCT.
- OWNERSHIP AND LICENSE. The Software Product was created by Wake Forest University Health Sciences. The Software Product is licensed to you under this EULA. You have no rights to the Software Product other than as expressly stated in this EULA and as may be available under applicable law. The Software Product is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties.
- GRANT OF LICENSE. This EULA grants you the following rights:
- License: This Agreement grants you a non-exclusive, non-commercial right to use the Software Product in its readable or executable format for non-profit research activities only. No other rights to the Software Product are granted.
- Installation and Use: You may install and use a copy of the Software Product on a single laptop, personal computer, workstation, or MRI scanner. The Software Product may be installed so that it is accessible to multiple users over an intranet.
- Backup Copies: You may make backup copies of the Software Product for all computers on which you have installed the Software Product.
- OTHER RIGHTS AND LIMITATIONS.
- Limitations on Reverse Engineering, Decompilation, and Disassembly: You may not reverse engineer, decompile, or disassemble the Software Product, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation.
- Separation of Components: The Software Product is licensed as a single product. Its component parts may not be separated for use on more than one computer.
- Notices and Markings: You must maintain all copyright notices and other proprietary markings on all copies of the Software Product.
- Distribution or Transfer: You may not transfer your rights under this EULA. You may not distribute copies of the Software Product to third parties.
- Rental: You may not rent, lease or lend the Software Product.
- Termination: Without prejudice to any other rights, Wake Forest University Health Sciences may terminate this EULA if you fail to comply with the terms and conditions of this EULA. In such event, you must destroy all copies of the Software Product and all of its component parts.
- COPYRIGHT. All title and copyrights in and to the Software Product and any copies of all or parts of the Software Product are owned by the Wake Forest University Health Sciences
- U.S. GOVERNMENT RESTRICTED RIGHTS. The Software Product and documentation are provided with RESTRICTED RIGHTS. Use, duplication, or disclosure by the Government is subject to restrictions as set forth in subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer Software clause at DFARS 252.227-7013 or subparagraphs (c)(1) and (2) of the Commercial Computer Software Restricted Rights at 48 CFR 52.227-19, as applicable. Manufacturer is Wake Forest University Health Sciences.
- EXPORT RESTRICTIONS. You agree that you will not export or re-export the Software Product to any country, person, entity or end user to which export or re-export would be restricted under United States export laws and regulations. You warrant and represent that neither the U.S.A. Bureau of Export Administration nor any other federal agency has suspended, revoked or denied your export privileges.
- NO WARRANTIES. Wake Forest University Health Sciences and the Product Developers expressly disclaim any warranty for the Software Product. THE SOFTWARE PRODUCT AND ANY RELATED DOCUMENTATION IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OR MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. Wake Forest University Health Sciences MAKES NO WARRANTY WITH RESPECT TO THE ACCURACY OR COMPLETENESS OF THE SOFTWARE, AND SHALL HAVE NO LIABILITY BASED ON CLAIMS OF ERRORS IN THE SOFTWARE PRODUCT. The entire risk arising out of use or performance of the Software Product remains with you.
- LIMITATIONS ON DAMAGES. In no event shall Wake Forest University Health Sciences be liable for any damages whatsoever (including, without limitation, damages for loss of life or other pecuniary loss) arising out of the use of or inability to use this Software Product, even if Wake Forest University Health Sciences has been advised of the possibility of such damages. Because some states/jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you. IN NO EVENT SHALL THE TOTAL LIABILITY OF WAKE FOREST UNIVERSITY HEALTH SCIENCES, IT'S REPRESENTATIVES, AGENTS, OR SUPPLIERS UNDER THIS AGREEMENT OR OTHERWISE IN CONNECTION WITH THE SOFTWARE PRODUCT, FOR ANY REASON, EXCEED THE AMOUNT OF THE LICENSE FEE PAID BY YOU TO WAKE FOREST UNIVERSITY HEALTH SCIENCES FOR USE OF THE SOFTWARE PRODUCT.
- MISCELLANEOUS. Wake Forest University Health Sciences is based in and directs its operations from locations in the State of North Carolina, United States of America. This EULA is governed by the laws of the State of North Carolina, without reference to conflict of laws provisions. All legal proceedings relating to the Software Product or the formation or interpretation of this Agreement shall be brought only in the state or federal courts located in Winston Salem, North Carolina, and you hereby expressly submit to the jurisdiction of such courts and consent to extra-territorial service of process.