IMPORTANT - READ THESE TERMS CAREFULLY BEFORE RUNNING THIS SOFTWARE. BY USING THIS SOFTWARE, YOU ACKNOWLEDGE THAT YOU HAVE READ THIS LICENSE AGREEMENT, THAT YOU UNDERSTAND IT, AND THAT YOU AGREE TO BE BOUND BY ITS TERMS. IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS OF THIS LICENSE AGREEMENT, PROMPTLY STOP USING THE SOFTWARE.
1. Grant of License for Registered Users
Sentient Global (ΓÇ£GlobalΓÇ¥) grants you a non-exclusive, non-transferable license to use and execute the program files with which this license is distributed (the ΓÇ£SoftwareΓÇ¥), including any documentation files accompanying the Software (ΓÇ£DocumentationΓÇ¥) on or from a single personal computer and to make one backup copy of the Software, provided that: (i) the Software is NOT modified; (ii) all copyright notices are maintained on the Software; and (iii) you agree to be bound by the terms of this License Agreement. The Software and Documentation shall be used only by you, only for your own personal or internal business use and not in the operation of a service bureau or for the benefit of any other person or entity.
2. Ownership
You have no ownership rights in the Software. Rather, you have a license to use the Software as long as this License Agreement remains in full force and effect. Ownership of the Software, Documentation and all intellectual property rights therein shall remain at all times with Global. Any other use of the Software by any other entity is strictly forbidden and is a violation of this License Agreement.
3. Copyright
The Software and Documentation contain material that is protected by United States Copyright Law and trade secret law, and by international treaty provisions. All rights not granted to you herein are expressly reserved by Global. You may not remove any proprietary notice of Global from any copy of the Software or Documentation.
4. Restrictions
You may not publish, display, disclose, rent, lease, modify, loan, distribute, or create derivative works based on the Software, Documentation or any part thereof. You may not reverse engineer, decompile, translate, adapt, or disassemble the Software, nor shall you attempt to create the source code from the object code for the Software. You may not transmit the Software over any network or between any devices. You may transfer the Software to other computers you own as long as you only use it on one computer at a time.
5. Confidentiality
You acknowledge that the Software contains proprietary trade secrets of Global and you hereby agree to maintain the confidentiality of the Software using at least as great a degree of care as you use to maintain the confidentiality of your own most confidential information. You agree to reasonably communicate the terms and conditions of this Software License Agreement to those persons employed by you who come into contact with the Software, and to use reasonable best efforts to ensure their compliance with such terms and conditions, including, without limitation, not knowingly permitting such persons to use any portion of the Software for the purpose of deriving the source code of the Software.
6. Limited Warranty
THE SOFTWARE IS PROVIDED ΓÇ£AS IS.ΓÇ¥ TO THE MAXIMUM EXTENT PERMITTED BY LAW, GLOBAL DISCLAIMS ALL OTHER WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. GLOBAL DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SOFTWARE WILL MEET ANY REQUIREMENTS OR NEEDS YOU MAY HAVE, OR THAT THE SOFTWARE WILL OPERATE ERROR FREE, OR IN AN UNINTERUPTED FASHION, OR THAT ANY DEFECTS OR ERRORS IN THE SOFTWARE WILL BE CORRECTED, OR THAT THE SOFTWARE IS COMPATIBLE WITH ANY PARTICULAR PLATFORM. SOME JURISDICTIONS DO NOT ALLOW THE WAIVER OR EXCLUSION OF IMPLIED WARRANTIES SO THEY MAY NOT APPLY TO YOU.
7. Limitation of Liability
IN NO EVENT WILL GLOBAL BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, INDIRECT, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, BUSINESS INTERRUPTION, OR LOSS OF BUSINESS INFORMATION) ARISING OUT OF THE USE OF OR INABILITY TO USE THE PROGRAM, OR FOR ANY CLAIM BY ANY OTHER PARTY, EVEN IF GLOBAL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. GLOBALΓÇÖS AGGREGATE LIABILITY WITH RESPECT TO ITS OBLIGATIONS UNDER THIS AGREEMENT OR OTHERWISE WITH RESPECT TO THE SOFTWARE AND DOCUMENTATION OR OTHERWISE SHALL NOT EXCEED THE AMOUNT OF THE LICENSE FEE PAID BY YOU FOR THE SOFTWARE AND DOCUMENTATION. BECAUSE SOME STATES/COUNTRIES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
8. Medical Warning
The Software is an educational tool that teaches you how to see more clearly, comfortably, and efficiently. It is not a medical or assistive device, nor is it a substitute for diagnosis or treatment by an optometrist or ophthalmologist. The views expressed in the Software, Documentation and elsewhere in the Software and Documentation represent the opinions of the authors. All techniques recommended in the Software and Documentation are considered to be completely safe, but should not be used without first consulting an optometrist or ophthalmologist to determine if any eye disease or other condition requiring specialized treatment is present.
By making use of the contents of the Software and Documentation, the user agrees that it is his or her sole responsibility to determine the suitability of the Software for his or her intended purpose, and assumes all risks and liabilities resulting from application of the techniques and recommendations, including any and all claims for direct or consequential damages.
CAUTION: The Software and Documentation includes various eye exercises and the use of an eye patch; it also advocates ΓÇ£progressive undercorrection,ΓÇ¥ that is, the use of a weaker prescription producing slightly blurred vision in order to strengthen the eyes. Do not engage in eye exercises, use an eye patch, or use an undercorrected prescription while driving a motor vehicle, using power tools, going up or down stairs, or engaging in any other potentially dangerous activity that requires depth perception or clear vision. Whenever weaker lenses are used, they should provide at least 20/40 acuity in each eye. Do not touch the eyes or the region surrounding the eyes with long or sharp fingernails, and do not use excessively hot water for hydrotherapy.
You should take precautions from time to time to ensure that your glasses or contacts are still suitable for driving, using power tools, going up or down stairs, or engaging in any other potentially dangerous activity that requires clear vision.
Under no circumstances should Software and Documentation be used as a substitute for the medical treatment of serious eye disease such as cataract, macular or retinal degeneration, or glaucoma. If you suffer from one of these conditions or any other eye disease, you should use the Software and Documentation only under the supervision of an optometrist or ophthalmologist.
9. Export Restrictions
THIS LICENSE AGREEMENT IS EXPRESSLY MADE SUBJECT TO ANY LAWS, REGULATIONS, ORDERS, OR OTHER RESTRICTIONS ON THE EXPORT FROM THE UNITED STATES OF AMERICA OF THE SOFTWARE OR INFORMATION ABOUT SUCH SOFTWARE WHICH MAY BE IMPOSED FROM TIME TO TIME BY THE GOVERNMENT OF THE UNITED STATES OF AMERICA. YOU SHALL NOT EXPORT THE SOFTWARE, DOCUMENTATION, OR INFORMATION ABOUT THE SOFTWARE AND DOCUMENTATION WITHOUT CONSENT OF GLOBAL AND COMPLIANCE WITH SUCH LAWS, REGULATIONS, ORDERS, OR OTHER RESTRICTIONS.
10. Termination
This License Agreement is effective until it is terminated. You may terminate this License Agreement at any time by destroying or returning to Global all copies of the Software and Documentation in your possession or under your control. Global may terminate this License Agreement for any reason, including, but not limited to, if Global finds that you have violated any of the terms of this License Agreement. Upon notification of termination, you agree to destroy or return to Global all copies of the Software and Documentation and to certify in writing that all known copies, including backup copies, have been destroyed. All provisions relating to confidentiality, proprietary rights, and non-disclosure shall survive the termination of this Software License Agreement.
11. General
This License Agreement shall be construed, interpreted and governed by the laws of the State of Iowa without regard to conflicts of law provisions thereof. The exclusive forum for any disputes arising out of or relating to this License Agreement shall be an appropriate federal or state court sitting in the State of Iowa, USA. This License Agreement shall constitute the entire Agreement between the parties hereto. Any waiver or modification of this License Agreement shall only be effective if it is in writing and signed by both parties hereto. If any part of this License Agreement is found invalid or unenforceable by a court of competent jurisdiction, the remainder of this License Agreement shall be interpreted so as to reasonably effect the intention of the parties.
