IF YOU USE THE SomnoTest SOFTWARE OR ANY INCLUDED DOCUMENTATION (together the “Software”), YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT (the “Agreement”), AND THIS WILL BE A LEGALLY BINDING AGREEMENT BETWEEN YOU AND CogSci Apps Corp. (“CogSci Apps Corp.”). IF YOU DO NOT AGREE WITH THE TERMS AND CONDITIONS OF THIS AGREEMENT, YOU SHOULD UNINSTALL THE SOFTWARE. References in this Agreement to “you” or “your” refer to both you and any person or entity on whose behalf you act, if any.
Grant Of License. Subject to the terms and conditions of this Agreement, CogSci Apps Corp. hereby grants to you a personal, non-transferable and non-exclusive license to install and use the Software on a single iPhone®, iPad® or iPod Touch® device (or other future Apple device supporting iOS) solely for the purposes of your personal and non-commercial use. CogSci Apps Corp. reserves the right to discontinue all or part of the Software with or without notice at any time. All rights not expressly granted hereunder are reserved by CogSci Apps Corp.. CogSci Apps Corp. and its licensors retain all ownership of the Software, including, but not by way of limitation, any images, algorithms, photographs, animations, video, audio, music and text incorporated in the Software and all content displayed by the Software.
Software Use Restrictions. You shall not sublicense, distribute, lease, loan or otherwise convey the Software or any portion thereof to anyone. You shall not modify the Software, incorporate the Software in whole or in part in any other product or create derivative works based on all or part of the Software. You shall not remove any copyright, trademark, proprietary rights, disclaimer or warning notice included on or embedded in any part of the Software. You shall not sub-license, or charge others to use or access the Software. You shall not use the Software in connection with a service bureau, time sharing or fee-for service arrangement with third parties. Except to the extent required by applicable local law, you shall not reverse assemble, decompile or disassemble or otherwise reverse engineer any portion of the Software. If you dispose of any media embodying Software, you will ensure that you have completely erased or otherwise destroyed any Software stored on such media. THE SOFTWARE IS NOT DESIGNED NOR INTENDED FOR USE IN ANY SITUATION IN WHICH THE FAILURE OF THE SOFTWARE COULD LEAD TO DEATH OR BODILY INJURY OF ANY TYPE TO ANY PERSONS.
Assumption of Risk. You acknowledge and agree that no medical, psychological or legal advice is provided through the Software and that you are using the Software at your own risk. The Software is intended for sleep onset, informational and educational use only and cannot be used as a substitute for medicine, medical procedures, or to provide accurate assessments. Please consult your health care provider for any health concerns. You agree that CogSci Apps Corp. will incur no legal or moral liabilities to you or anyone else for your use of the Software or reliance on any information produced by the Software.
Data. By inputting or submitting data or content to the Software, you automatically represent and warrant to CogSci Apps Corp. that the owner of such content has expressly granted CogSci Apps Corp. a royalty-free, perpetual, irrevocable, worldwide nonexclusive license to use, create derivative works from, modify, edit, translate, perform, and display the data or content in any media or medium, or any form, format known or hereafter developed. CogSci Apps Corp. may sublicense its rights through multiple tiers of sublicenses. CogSci Apps Corp. may combine any information you provide with information from other users to create aggregated data to display on the CogSci Apps Corp. web site. This information may also be disclosed to third parties. Aggregated data does not contain any information that could be used to contact you, identify you, or associate any health condition with you personally.
Disclaimer of Warranty. CogSci Apps Corp. PROVIDES THE SOFTWARE TO YOU “AS IS”, WITH ALL FAULTS, AND WITHOUT WARRANTY OF ANY KIND, EXPRESS, STATUTORY, IMPLIED OR OTHERWISE, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. CogSci Apps Corp. EXPRESSLY DISCLAIMS ALL REPRESENTATIONS OR WARRANTY THAT THE INFORMATION PROVIDED BY THE SOFTWARE IS ACCURATE, COMPLETE OR UP-TO-DATE. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY ANY CogSci Apps Corp. EMPLOYEE, REPRESENTATIVE OR DISTRIBUTOR SHALL CREATE A WARRANTY FOR THE SOFTWARE, AND YOU MAY NOT RELY ON ANY SUCH INFORMATION OR ADVICE. CogSci Apps Corp.’S LICENSORS EXPLICITLY DISCLAIM ANY AND ALL WARRANTIES WITH RESPECT TO THE SOFTWARE.
Sleep onset latency is determined by multiple factors. Thus, there is no guarantee or warranty that this software will in fact help decrease your sleep onset latency. Nor is there a guarantee or warranty that this software will not delay your sleep onset or re-onset. Nor is there a guarantee or warranty that this software will not adversely impact on the quality of your sleep.
Limitation Of Liability. IN NO EVENT SHALL CogSci Apps Corp. OR ITS LICENSORS BE LIABLE TO YOU FOR ANY SPECIAL, CONSEQUENTIAL, PUNITIVE, EXEMPLARY, INCIDENTAL OR INDIRECT DAMAGES OF ANY KIND, PERSONAL INJURY/WRONGFUL DEATH (INCLUDING WITHOUT LIMITATION THE COST OF COVER, DAMAGES ARISING FROM LOSS OF DATA, USE, PROFITS OR GOODWILL), WHETHER OR NOT CogSci Apps Corp. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS, HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY ARISING OUT OF THIS AGREEMENT. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. CogSci Apps Corp.’S MAXIMUM AGGREGATE LIABILITY ARISING OUT OF THIS AGREEMENT AND/OR YOUR USE OR POSSESSION OF THE SOFTWARE, INCLUDING WITHOUT LIMITATION ANY CLAIMS IN TORT (INCLUDING NEGLIGENCE), CONTRACT, BREACH OF WARRANTY, STRICT LIABILITY OR OTHERWISE, AND FOR ANY AND ALL CLAIMS COMBINED, WILL NOT EXCEED THE FEE YOU PAID FOR YOUR LICENSE TO THE SOFTWARE.
By using the Software you agree to indemnify and hold CogSci Apps Corp., its officers, directors, employees, affiliates, agents, attorneys, representatives and members harmless from any and all losses, damages, liabilities, claims, demands, suits, or causes of action (including reasonable attorneys’ fees and costs) arising from your use or misuse of the Software.
Termination and Cancellation. Either you or CogSci Apps Corp. may terminate or cancel your use and/or access to the Software at any time, with or without cause. You understand and agree that stopping your access to or usage of the Software is your sole right and remedy with respect to any dispute with CogSci Apps Corp..