END-USER LICENSE AGREEMENT (EULA)
Document Date and version: aug. 17, 2024
PLEASE READ THIS END-USER LICENSE AGREEMENT ("AGREEMENT") CAREFULLY BEFORE USING THE BIOCOHERENCE SOFTWARE. BY CLICKING "I AGREE" OR USING THE SOFTWARE, YOU AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT USE THE SOFTWARE.
This Agreement is between you ("User") and Coherence Labs, LLC ("Company"), a Delaware corporation, and governs your use of the BioCoherence software ("Software").
1. Definitions
1.1 "Software" refers to the BioCoherence software, including any updates, related documentation, and all associated components provided by Coherence Labs, LLC.
1.2 "User" refers to the individual or entity using the Software.
1.3 "Company" refers to Coherence Labs, LLC, a company incorporated in Delaware, USA.
2. License Grant and Scope
2.1 License: The Company grants the User a non-exclusive, non-transferable license to install and use the Software on a compatible device for personal development purposes only.
2.2 Non-Transferable License: For paid licenses, the license is non-transferable and may not be sold, assigned, or otherwise transferred to another party.
2.3 Permitted Use: The User is authorized to use the Software solely for informational and educational purposes. Any commercial use, reproduction, or redistribution of the Software or its components is strictly prohibited.
2.4 License Duration: The license is either a lifetime license, which includes all updates, or a subscription-based license with automatic renewal unless terminated by the User as per Section 11.
3. Non-Medical Use and Medical Professional Disclaimer
3.1 Non-Medical Use: The Software is not intended to diagnose, treat, cure, or prevent any medical condition. The User acknowledges that the Software is for self-development and educational purposes only and should not be used as a substitute for professional medical advice, diagnosis, or treatment.
3.2 Medical Professional Use: If the User is a medical professional, the User acknowledges that the Software is not a medical device and should not be used to inform any medical decisions. The User assumes full responsibility for any use of the Software in a professional context.
4. User Responsibility and Acknowledgment
4.1 Interpretation of Results: The User acknowledges full responsibility for how they interpret and use the results provided by the Software. The User agrees that any actions taken based on the Software's output are at their own risk.
4.2 Acknowledgment: The User agrees to indemnify and hold harmless the Company from any claims arising out of the User's interpretation or use of the Software's results.
5. Limitation of Liability
5.1 Exclusion of Liability: The Company shall not be liable for any direct, indirect, incidental, special, or consequential damages arising from the use or inability to use the Software, even if the Company has been advised of the possibility of such damages.
5.2 Limitation to the Extent Permitted by Law: The liability limitations in this Agreement apply to the fullest extent permitted by applicable law. Some jurisdictions may not allow the exclusion of certain warranties or limitation of liability for certain damages; in such jurisdictions, the Company's liability shall be limited to the maximum extent permitted by law.
6. No Warranties
6.1 As-Is Basis: The Software is provided "as is," with no warranties of any kind, whether express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, or non-infringement.
6.2 No Guarantee of Accuracy: The Company makes no guarantee as to the accuracy, completeness, or reliability of any results or information provided by the Software.
7. Governing Law and Jurisdiction
7.1 Governing Law: This Agreement shall be governed by and construed in accordance with the laws of the State of Delaware, USA, without regard to its conflict of laws principles.
7.2 Jurisdiction: Any disputes arising under this Agreement shall be resolved in the state or federal courts located in Delaware, USA.
8. Intellectual Property
8.1 Ownership: The Software, including all displayed content, algorithms, graphics, organ maps, and related materials, are the exclusive property of the Company.
8.2 User-Generated Content: The User may write comments, conclusions, and other input into the Software. Such content is the property and responsibility of the User, who agrees not to include any offensive, illegal, or otherwise inappropriate material. The Company reserves the right to remove or block any user-generated content that violates these terms.
9. Indemnification
9.1 User Indemnification: The User agrees to indemnify, defend, and hold harmless the Company, its affiliates, officers, directors, employees, agents, and licensors from any claims, liabilities, damages, losses, or expenses, including reasonable attorneys' fees, arising out of or related to the User's use or misuse of the Software, violation of this Agreement, or infringement of any intellectual property or other rights of any person or entity.
10. Third-Party Content and Services
10.1 Third-Party Content: The Software may include content that is generated by third-party systems or retrieved via third-party APIs. The Company does not warrant the accuracy, completeness, or quality of such content and disclaims all liability arising from its use.
10.2 Third-Party Services: The Software may integrate with or allow access to third-party services. The User acknowledges that use of such services is governed by the terms and conditions of the respective third parties, and the Company is not responsible for the performance or content of these services.
11. Termination
11.1 Termination by User: The User may terminate their subscription at any time by following the procedures within the Software or its website. Termination will take effect at the end of the current billing cycle.
11.2 Termination by Company: The Company may terminate this Agreement or suspend access to the Software immediately, without prior notice, for any breach of this Agreement by the User.
11.3 Effects of Termination: Upon termination, the User must cease all use of the Software and destroy all copies of the Software in their possession.
12. Data Policy and User Consent
12.1 Data Collection and Use: The Software may collect and store personal data, including biomarker-related information and medical records, on the Company's secure servers. This data is used solely for the purpose of providing and improving the Software's services.
12.2 User Consent: The User consents to the collection, storage, and use of their data in accordance with the Company's Privacy Policy. The User further consents to the processing of their data in compliance with all applicable privacy laws, including but not limited to the General Data Protection Regulation (GDPR) and similar regulations.
12.3 Data Security: The Company implements appropriate technical and organizational measures to protect the User's data against unauthorized access, alteration, disclosure, or destruction.
13. Software Updates and EULA Changes
13.1 Updates: The Company may provide updates, upgrades, or changes to the Software from time to time. Continued use of the Software after any updates or changes have been made constitutes acceptance of the modified Software and terms.
13.2 EULA Modifications: The Company reserves the right to modify this Agreement at any time. Users will be notified of any significant changes, and continued use of the Software after such changes constitutes acceptance of the new terms.
14. Severability
14.1 Partial Invalidity: If any provision of this Agreement is found to be invalid or unenforceable by a court of competent jurisdiction, such provision shall be severed, and the remainder of the Agreement shall continue in full force and effect.
15. Entire Agreement
15.1 Integration Clause: This Agreement constitutes the entire agreement between the User and the Company regarding the use of the Software and supersedes all prior or contemporaneous understandings and agreements, whether written or oral, with respect to the subject matter hereof.
16. Contact Information
16.1 Support and Inquiries: For any questions, concerns, or support regarding this Agreement or the Software, please contact Coherence Labs, LLC at support@biocoherence.net or on https://biocoherence.net.
BY CLICKING "I AGREE" OR BY USING THE SOFTWARE, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTOOD THIS AGREEMENT AND AGREE TO BE BOUND BY ITS TERMS.