BrainVoyager™ License Agreement

This is a legal software end user agreement between you (either as individual Licensee or entity) and the Licensors: Dr. Rainer Goebel (as main BrainVoyager™ software developer) and Brain Innovation B.V. (as software manufacturer and main distributor, herein after called BI, Oxfordlaan 55, NL-6229 EV Maastricht, The Netherlands).

You are agreeing to be bound by the terms of this agreement by installing, testing or using in any way the BrainVoyager™ computer software, accompanying plug-in software tools, and related material.

If you do not agree to the terms of this agreement, promptly return the software package and all accompanying items to the distributor. In the case of prepayment your expenses will be refunded.

1. Grant of license

BI grants to you the non-exclusive right to use one copy of the enclosed program BrainVoyagerversion 20 (= BrainVoyager QX version 3) as standalone license on your computer, either

1. temporary as a) trial version to get an overview about functions, and to evaluate the program with provided data (see Getting Started Guide plus data) and own data before purchasing decision (30 days, without scripting), requiring permanent Internet access during setup and use, or

b) as full version (including scripting and Plug-Ins) after a placed purchase order to bridge the payment process. When the license fee is paid you receive a permanent code. This option is used also for collaboration during a certain project period or distribution partners, temporary Internet access is required during the installation/ authorization.

2. as permanent full version with selected modules: Base Module, Base+Surface Modules = standard license, Base+Surface+EEG/MEG Modules = extended license, authorized to the computer system (after transfer of license fee), requiring Internet access only during the licensing process. The term “Permanent” is related to the License agreement contract. (It excludes leasing/ or subscription license models). The registered Licensee of a permanent license can decide about the period of key-programming on a specific computer system.

Program/ License Transfer. In cases of IT hardware upgrade/ renewal the license can be moved to a new system providing the License Delete Code of the old system in addition to the new generated by BrainVoyager™ on the new hardware. After entering the new License Key BrainVoyager™ will be authorized on the new computer. That option would also include a switch to another operating system (as long as there is a technical solution for BrainVoyager™ and its authorization system.) Running BrainVoyager™ in virtual environ-ments/ operating systems is not supported.

Personal user registration. Any form of licensing requires personal user registration (for multiple licenses one “super”-user as communication partner and responsible person). We need your name, institution mail address, and e-mail.

License identification. Next to a License key, every License receives a serial number/ “short” ID CODE by the Licensor for identification. (e.g. TSK667AB01F, BSK07745AC0, CSKAAF67D01, HSKF034B67A, SSK0A134B0F). You need to enter this code (usually containing also your name) to the license name field during software authorization, for example: TSK667AB01F-PETER-SUGAR for a trial version. The license ID code is also for communication purpose. Secure this ID at a safe place (independent of the computer).

Special agreements for academic institutions with a permanent license. In the case the registered user wants to transfer/install his/her license to/on his/her student´s computer for a limited period, we can provide a temporal key (against the delete code of the permanent license), which will elapse after the selected period. After that period you can ask for a new key for this license (for your own system or another temporal students’ system). The “License ID” (similar as the HASP dongle license ID, e.g. PSKAB45AF01) must be provided for registration/ communication.

Support of old HASP/Sentinel Dongle. We offer still for a limited version/period (BV20 / BVQX 3.0 version) support of the existing BV-HASP4 / HASP HL / Sentinel dongle authorization for those users who have a valid update subscription (1 year after purchasing). The support of this 3rd party license control device (by SafeNet /Gemalto) in later versions will elapse due to technical reasons (since end of 2012 HASP4 tech-support elapsed/vendor was sold the second time). No technical support/ dongle replacements can be provided for licenses older than 5 years. To continue you must decide for the update subscription prolongation.

Multi-user (floating) soft-key licenses will be available in one of the next BrainVoyager™ updates. Relevant conditions will be explained. Users who had a floating HASP network license can return to this model.

2. Limited Application

The software package BrainVoyager™ and independent plug-in programs have not the legal status of a medical product, i.e. it is not allowed to use the tools directly or indirectly for medical prevention, diagnostic and/or treatment of humans. They are solely for academic use in the field of scientific/medical research (i.e. not for commercial and professional clinical purpose).

3. Copyright

Copyright © 2002-2016, Dr. Rainer Goebel and BI, Maastricht, The Netherlands. All rights are reserved worldwide. No part of the BrainVoyager™ program, additional plug-ins, or of the accompanying written and electronic material may be reproduced, transmitted, stored in a retrieval system, or translated into any language or computer language in any form other than granted above by means, electronic, mechanical, chemical, optical, magnetic, or otherwise without the express written permission of Dr. Rainer Goebel and/or of BI, and/or of the authors of plug-in programs (individual author reference is provided in the plug-in documentation of the software program).

4. Other Restrictions

Modifying, reverse engineering, de-compiling or disassembling the program, its protection system, of independent plug-in programs or related documentation are not allowed. You may not use, copy, modify, or transfer the programs or documentation or any copy except as expressly provided in this agreement.

5. Limited Warranty

The software program with its technical tools and accompany material/ components are provided “as they are” by BI and partner resellers.

BI warrants that the disk (CD/DVD), on which the program/ data are recorded and the hardware key/ dongle (in the case of hardware protection) will be free from defects in materials and workmanship under normal use and service for a period of 1 year from the date of delivery as evidenced by a copy of your receipt/invoice.

In the case of malfunctions or broken setup CD’s/DVD/dongles they will be replaced by BI upon own/ resellers costs during this 1 year warranty period. A free replacement under these terms will not prolong the general warranty period. Software authorization dongles need to be returned to the distributor to guarantee BI own claims against the 3rd party manufacturer of these software authorization tools.

The license ID of the software authorization dongle or soft-key is absolutely necessary for any claim.

Program setups are available also via web download. Older versions, sample data and learning material can be provided upon request via server download. Internet access is required. To bridge the exchange period BI offers a temporal BV20 version.

If failure of disks or hardware component has resulted from accident, abuse, or misapplication of the program, BI shall have no responsibility to replace the disk or hardware component under this limited warranty. Also if dongles get lost or stolen we need the ID to block it for unauthorized use. If the computer with soft-key protected BV license gets stolen you must show a copy of the claim at the police office. A replacement is then possible, for HASP/Sentinel against material and freight/service fee charges (if your purchasing date/ update subscription is not older than 5 years – Year 2011-2015). With BrainVoyager™ 20 – we offer soft-key authorization only.

Program and material are under continuously development. The Licensee has access to program updates and material within a valid update subscription period (in general 1 year/ through 20.x, or 21.x etc., which can be prolonged upon request. The end-user of the BrainVoyager™ software needs to check periodically the website concerning program updates and improvements.

The Licensors cannot guarantee the specific utility of the software for all possible imaging data acquired by the Licensee in a valid update period or related to all possible research questions.

For that purpose (but not only limited to that) the Licensee can ask for a time limited trial version at BI to get familiar with the technical capabilities of the software related to his research questions before purchasing/ extension of the update subscription.

6. Liability

The Licensors are not liable of the use of the program or the results in terms of correctness, accuracy, reliability, up-to-date-ness, or otherwise. The entire risk and liability of the usage of the program and results is assumed to the Licensee/ end-user.

The Licensors are not liable for any hardware components used in association with this software, inclusive any failure of hardware components.

The above is the only warranty of any kind, either expressed or implied, but not limited to the implied purpose that is made by BI on this software product and service.

This warranty gives you specific legal rights. Neither BI nor anyone else who has been involved in the creation, production, or delivery of this program shall be liable for any direct, indirect, consequential, or incidental damage arising out of the use, the results of use, or inability to use such product, even if BI has been advised of the possibility of such damage or claim.

7. Extra Service

Certain program adaptations can be provided upon additional agreement between the parties and depending on developer and time resources within a valid update period in new program (sub-) releases (e.g. there are no bug fixes backwards possible).

The Licensee can ask BI’s support team for method advise related to the technical options of the computer program.

Should the software program or additional Plug-ins prove defective/ malfunctioning, you need to report your observation ASAP to and provide if necessary test material:

-In the case of program bugs in the BrainVoyager™ software or in-house developed plug-in programs our developers will try to correct and test the correction ASAP and provide new updates to the Licensees (in a valid update period) or find a temporary solution to circumvent a problem. - BI cannot order changes to 3rd party Plug-in programmers but will forward the bug report and assist in the communication to the external parties.

- Missing features and functions can be reported to the wish list. The developers will decide about the order and time point of feature and functional implementation.

- In the case of failures in the usage of software tools by the Licensee/ end user our support team will give advise via e-mail or other Internet media. It can also lead to improvements to the user interface of the program to avoid such application failures in upcoming versions.

Any extra support or development service concerning analyzed data by Licensees, demonstrations or training, coding etc. needs to be negotiated with the BI support team. There might be additional service costs/charges associated.

Updates of BrainVoyager as an exclusive scientific research software (i.e., functional extensions) will be available from BI.

Technical support. We offer technical support for permanent soft-key protected licenses on IT systems not older than 5 years (the average life time of a computer system), respectively the operating system. Support of older systems are in the responsibility of the end-user.

8. Quality Insurance

BI commits to improve continuously the implemented quality management system to insure the delivery of high quality products and customer service. BI is following customer-oriented, standard and adapted quality management rules in software development, testing, maintenance process, and consulting.

9. Termination

All rights of Licensee and Licensors are effective until terminated.

You may terminate the agreement by destroying the program and documentation and all copies thereof, and returning the license delete code in the case of soft-key authorization.

This license will also terminate if you fail to comply with any or all of the terms or conditions of this agreement.

You agree, upon termination, to destroy all copies of the program and documentation, and returning the license keys/ license control devices or provide in other ways that you have destroyed the dongle (e.g. electronic picture of destroyed material.)

10. Miscellaneous

This license agreement is governed by the laws of The Netherlands and shall ensure the benefit of Brain Innovation B.V. and Dr. Rainer Goebel, the jurisdiction of Maastricht, The Netherlands shall be exclusively competent.

11. Acknowledgement

With the installation and use of the software BrainVoyager™ you acknowledge that you have read this agreement, understood it, and agree to be bound to its terms and conditions set by the Licensors. You also agree that this agreement is the complete and exclusive statement between you, Dr. Goebel and BI. Should you have any questions regarding this agreement, please contact BI, Dr. Rainer Goebel in writing..