In this Agreement, unless the context otherwise requires:
"SDK" means the software development kit product, which is covered by this License Agreement, and which contains SentiMask 1.0 SDK parts and the following components:
The following component and their installation licenses are included in the particular software development kits:
The following License terms govern your use of the SDK 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 SDK.
Copyright laws and international copyright treaties, as well as other intellectual property laws and treaties protect the SDK. The SDK is licensed, not sold.
The SDK is owned and copyrighted by Neurotechnology. Your license confers no title to, or ownership in the SDK and is not sale of any rights of the SDK. No one 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 SDK from Neurotechnology to you.
All title and copyrights in and to the SDK, and accompanying printed materials are owned by Neurotechnology. Copyright laws and International treaty provisions protect the SDK. You may not use or copy the SDK or any accompanying written materials for any purposes other than what is described in this Agreement. The SDK is Copyright © 1998-2017 Neurotechnology. All rights reserved. The SDK remains the sole and exclusive property of Neurotechnology at all times.
Neurotechnology agrees to provide technical support via Internet, using E-mail address provided on: http://www.neurotechnology.com
Neurotechnology declares that the SDK confirms to its published specifications and is delivered to you free from any defects. However the SDK is provided on an "AS IS" basis, and Neurotechnology shall in no event warrant the performance or results you may obtain by using the SDK. Neurotechnology declares that the SDK have no bugs or other non-conformances. However if you find any defects in the SDK, Neurotechnology's liability is limited to replacement of the SDK, which will be fulfilled within the duration of 30 (thirty) days from the moment of information about such defects of the SDK.
This disclaimer of warranty constitutes an essential part of the agreement.
The following is without prejudice to any rights you may have at law, which cannot legally be excluded or restricted. You acknowledge that no promise, representation, warranty or undertaking has been made or given by Neurotechnology (or any of its directors, officers, employees, affiliates or owners) to any person or company on its behalf in relation to the profitability of or any other consequences or benefits to be obtained from the delivery or use of the SDK or other materials.
You have relied upon your own skill and judgment in deciding to acquire the SDK and any accompanying manuals and other materials for use by you. Except as and to the extent provided in this agreement, neither Neurotechnology nor any of its directors, officers, employees, affiliates or owners will in any circumstances be liable for any other damages whatsoever (including, without limitation, damages for loss of business, business interruption, loss of business information or other indirect, incidental, special or consequential loss) arising out of the use, or inability to use, or supply or non-supply, of the SDK and any accompanying written materials regardless of the basis of the claim and even if Neurotechnology, or an authorized Neurotechnology's representative has been advised of the possibility of such damages.
Some states or jurisdictions do not allow the exclusion or limitation of incidental, consequential or special damages, or the exclusion of implied warranties or limitations on how long an implied warranty may last, so the above limitations may not apply to you.
Neurotechnology's total liability under any provision of this agreement is in any case limited to the amount actually paid by you for the SDK.
This Agreement will become effective upon your acceptance and continue in effect unless you cease to use the SDK. 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 SDK, and that you will immediately cease any distribution of Licensee Products.
This License Agreement is the entire agreement between you and Neurotechnology relative to the SDK, 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.
This License shall be governed by the laws of the Republic of Lithuania without regard to the provisions regarding conflicts of law. You agree that this License shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded.
You irrevocably submit to the jurisdiction of the state courts sitting in Vilnius, Lithuania, and any action or proceeding arising out of this License will be heard and determined in such court.
If for any reason a court of competent jurisdiction finds any provision, or portion thereof, to be unenforceable, such provision will be interpreted in order to give effect to such provision to the maximum extent permitted by law, and the remainder of this License will continue in full force and effect.
SentiMask is a trademark of Neurotechnology.
The SDK is developed exclusively at private expense and is identified as "commercial computer software and documentation" and thus, Licensee's Products shall be licensed to any of Government of any State or jurisdiction under the terms of license agreement containing the minimum terms as set forth in this agreement.