1. FOR NON-CLINICAL USE. Jim is designed, intended and licensed for use in research only, and it is not licensed for clinical use. Xinapse Systems makes no claims that Jim or any products supplied by Xinapse Systems, is approved for clinical use. All licensees and users of products supplied by Xinapse Systems understand and accept that any information gained by using these products, whether the information comes from display, processing, analysis or measurement, may not in any way be used for clinical purposes.
In accepting this agreement and installing this software, you understand that JIM IS TO BE USED FOR RESEARCH PURPOSES ONLY. USE FOR CLINICAL PURPOSES IS EXPRESSLY FORBIDDEN.
Approval for clinical use has neither been applied for, nor received, in any country, including the United States of America. Jim is supplied for research purposes only. It is not licensed for Clinical use.
2. LICENSE TO USE. Xinapse Systems grants you a non-exclusive and non-transferable license for the internal use only of the accompanying software and documentation and any error corrections provided by Xinapse Systems (collectively "Software"), by the number of users and the class of computer hardware for which the corresponding fee has been paid.
3. RESTRICTIONS. Software is confidential and copyrighted. Title to Software and all associated intellectual property rights is retained by Xinapse Systems and/or its licensors. You may not make copies of Software, other than for archival purposes. Unless enforcement is prohibited by applicable law, you may not modify, decompile, or reverse engineer Software.
4. LIMITED WARRANTY. Xinapse Systems warrants to you that for a period of ninety (90) days from the date of purchase, as evidenced by a copy of the receipt, the media on which Software is furnished (if any) will be free of defects in materials and workmanship under normal use. Except for the foregoing, Software is provided "AS IS". Your exclusive remedy and Xinapse Systems' entire liability under this limited warranty will be at Xinapse Systems' option to replace Software media or refund the fee paid for Software.
5. DISCLAIMER OF WARRANTY. UNLESS SPECIFIED IN THIS AGREEMENT, ALL EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS AND WARRANTIES, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, ARE DISCLAIMED, EXCEPT TO THE EXTENT THAT THESE DISCLAIMERS ARE HELD TO BE LEGALLY INVALID.
6. LIMITATION OF LIABILITY. TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT WILL XINAPSE SYSTEMS OR ITS LICENSORS BE LIABLE FOR ANY LOST REVENUE, PROFIT OR DATA, OR FOR SPECIAL, INDIRECT, CONSEQUENTIAL, INCIDENTAL OR PUNITIVE DAMAGES, HOWEVER CAUSED REGARDLESS OF THE THEORY OF LIABILITY, ARISING OUT OF OR RELATED TO THE USE OF OR INABILITY TO USE SOFTWARE, EVEN IF XINAPSE SYSTEMS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. In no event will Xinapse Systems' liability to you, whether in contract, tort (including negligence), or otherwise, exceed the amount paid by you for Software under this Agreement. The foregoing limitations will apply even if the above stated warranty fails of its essential purpose.
7. Governing Law. Any action related to this Agreement will be governed by the laws of Great Britain. No choice of law rules of any jurisdiction will apply.
8. Severability. If any provision of this Agreement is held to be unenforceable, This Agreement will remain in effect with the provision omitted, unless omission would frustrate the intent of the parties, in which case this Agreement will immediately terminate.