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Neuropype Startup Edition

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License Agreement & Finalize

NEUROPYPE™ STARTUP EDITION LICENSE AGREEMENT 

BY PURCHASING, COPYING, INSTALLING, OR USING THE NEUROPYPE™ STARTUP EDITION OR DOCUMENTATION, YOU ACCEPT THE TERMS OF THIS AGREEMENT. 
THE NEUROPYPE™ STARTUP EDITION IS ONLY AVAILABLE TO USERS WHO MEET THE REQUIREMENT IN SECTION 1.19 OF THIS AGREEMENT.

1. DEFINITIONS.
1.1. “Licensee” means you, whether an individual or an entity, to whom Intheon grants the License, and who is responsible for complying with the contractual obligations of the License, and ensuring that anyone permitted access to the Program also complies with such obligations.
1.2. “Intheon” means Syntrogi Inc., a Delaware corporation doing business as Intheon, which owns and develops the NeuroPype™ Startup Edition.
1.3. "License" means the specific rights, restrictions, and obligations under which Licensee may install and use the Program pursuant to this Agreement.
1.4. Reserved. 
1.5. "Licensed User" means an individual authorized by Intheon or the Licensee to use the Program for Licensee's Internal Operations, to the extent permitted under this Agreement.
1.6. "Internal Operations" means the use of the Program by employees, consultants, student interns, and software administration contractors of Licensee or an Affiliate on behalf of the Licensee or Affiliate. 
1.7. “Program” means, collectively, the NeuroPype™ Startup Edition software code, system files, tools, APIs, algorithms, Pipelines, sample code, software documentation, artwork, binaries, other materials and any updates or corrections to the foregoing that may be provided or made available to Licensee by or on behalf of Intheon pursuant to this Agreement.
1.8.  “Program Component” means any portion of the Program. 
1.9. “Pipeline” means a combination of data processing functions created with or executed in NeuroPype™ Startup Edition. 
1.10. “Processing Node” means a software function which is combined with other  functions of a similar nature to create a Pipeline.
1.11. “Sample Code” means software code which is explicitly defined as such and marked with the words “sample code” in the Program. 
1.12. “Documentation” means the user guides, if any, accompanying delivery of the Program or made available by Intheon online, as may be updated from time to time, including any bug reports. Documentation may be delivered in any medium or language.
1.13. “Computer” means either (i) a single physical hardware system containing a single motherboard running an operating system, or (ii) a virtual machine running an operating system. 
1.14. “Application” means a software file that Licensee has created by either (a) using the Program to create or generate a Licensee-created Pipeline, or (b) incorporating or linking any part of any source code, library file, or other Program Component provided with the Program.  An Application must contain original code developed by Licensee and must provide substantial functionality not contained in, or provided by, the Program Components that are incorporated into such Application.  If a software file created by a Licensee incorporates Program Components but does not meet the requirements of the previous sentence, then it is considered a derivative work of the Program. 
1.15. “Third Party” means any person or legal entity that is not Intheon, the Licensee, or an Affiliate. 
1.16. “Third Party Software” means the software referenced in Article 8 of this Agreement.
1.17. “Licensor” means the person who, or entity which, grants a license to Intheon to redistribute that person's or entity's intellectual property, as referenced in Article 8 of this Agreement.
1.18. “Affiliate” means a legal entity which is controlled by, or controls, or is under common control with Licensee.  Control means (i) beneficial ownership of at least fifty percent (50%) of the voting securities of a corporation or other business organization with voting securities, or (ii) a fifty percent (50%) or greater interest in the profits and capital of a partnership or other business organization without voting securities, provided that no other individual or entity other than the Licensee also has an equal fifty percent (50%) ownership or interest in the legal entity. Notwithstanding the foregoing, unless Intheon provides its express written consent to treat the entity as an Affiliate, an Affiliate shall not include any entity that Intheon has expressly refused to license (or grant access under a license to) its software products or that had a license for Intheon software products that Intheon expressly terminated.
1.19 “Startup Edition Licensed User” means a person or entity who is eligible to purchase and use a License of the Program by meeting one of the following criteria:
	a) The Licensed User is an individual who is using the Program for personal, non-commercial use, or who is using it for commercial purposes but who has annual gross revenues and/or funding from the same commercial purposes, from all sources, of USD $199,999 (or equivalent) or less. 
	b) The Licensed User is an individual who is using the Program to provide services to a third party, providing the third party has annual gross revenues and/or funding, from all sources, of USD $199,999 (or equivalent) or less. 
	c) The Licensed User is a legal entity (for-profit company or non-profit entity) with annual gross revenues and/or funding, from all sources, of USD $199,999 (or equivalent) or less. 
1.20 “Subscription Period” means a period of time, such as a month or a year, for which a Licensed User licenses the Program and pays a license fee.

2. ACCEPTANCE AND REFUND.  If Licensee is not fully satisfied with the Program, Licensee may, within 30 days of the purchasing of a license of the Program, cancel said license. Licensee is entitled to a full refund of any licensing fees paid during that period. By retaining the Program at any time during this 30 day period, Licensee accepts the applicable rights, and agrees to be bound by the applicable obligations and restrictions, of this Agreement. 

3. PROGRAM TRIAL EVALUATION.  Licensee agrees to use any Program provided to Licensee as a trial or evaluation only for the period of the trial evaluation, only to evaluate it individually for potential purchase of a license to the Program as an end-user, to conduct no business with it, and to remove it and all result files produced from any of Licensee's computers at the end of the trial or evaluation period and to comply with all other obligations and restrictions in this Agreement. 

4. LICENSE GRANT.  The Program is licensed, not sold.  Intheon hereby grants to Licensee, subject to the terms of this Agreement, a nonexclusive license (the "License") to:
(a) install and use the Program on one (1) designated Computer per License owned by Licensee and running locally, or on the Licensee’s local area network or virtual private network. The Computer must be controlled by Licensee and used solely by Licensed Users for Internal Operations. Licensee may redesignate the Computer for the Program to a different Computer, or access the Program installed on the Computer remotely using Microsoft Remote Desktop, VNC or similar technologies, so long as it remains compliant with the provisions of this clause. Each licensed Program may only be operated from the installed Computer's console by one Licensed User at any given time.
(b) remotely share, using Microsoft Remote Assistance technology, NetMeeting conferencing software, or similar technologies, the desktop view of the Program session with another individual for assistive or demonstrative purposes only;
(c) provide access to online Documentation on Licensee's intranet, provided it is not accessible over the open Internet;
(d) print portions of the online Documentation for reasonable use by Licensed Users;
(e) integrate the Program with Licensee’s own Applications or call Pipelines from Licensee’s Applications which are then executed by the Program, provided the installation and use of said Applications are subject to the same License terms as the Program under this Agreement; 
(f) create Pipelines, including Pipelines based on the examples provided with the Program, to be used with the Program under the terms of this Agreement; 
(g) incorporate Processing Nodes created by the Licensee, including those derived from Sample Code, for the purpose of using the Program under the terms of this Agreement; 
(h)Reserved.

5. LICENSE RESTRICTIONS.  The License is subject to the express restrictions set forth below.  
Licensee shall not themselves, and shall not cause or permit any Affiliate or any Third Party to, directly or indirectly:
(a) deploy or use the Program, or any part of its code or algorithms, in any type of web, network, or Cloud-based system, application or environment which would allow direct or indirect access by a Third Party, or which would allow a Third Party to send and/or receive data to or from the Program; 
(b) allow multiple Licensed Users to run, use or access the same installation of the Program concurrently; 
(c) modify or create any derivative work of the Program or any Program Component, other than as provided for in Article 4 of this Agreement; 
(d) use the Program or any part of the Program, for any act which infringes copyright of the Program including developing, producing, or testing a computer program containing a feature or functionality that is substantially similar in its expression to the expression contained in the Program or any part of the Program, except as provided for in Article 4(e); 
(e) adapt, translate, copy, or convert all or any part of the Program or a Program Component in order to create software, a principal purpose of which is to perform the same or similar functions to the Program or to replace the Program or any Program Component, except as provided for in Article 4(e);
(f) rent, lease, or loan the Program; use the Program for supporting Third Parties' use of the Program, time share the Program, or provide service bureau or similar service use;
(g) disassemble, decompile, reverse engineer the Program, or any portion thereof, or attempt to gain access to its method of operation or source code;
(h) sell, license, sublicense, provide access, publish, display, distribute, disseminate, assign, or otherwise transfer (whether by sale, exchange, lease, gift, or otherwise) to a Third Party the Program, any copy or portion thereof, or any License or other rights thereto, in whole or in part, without the prior written consent of Intheon; 
(i) alter, remove, or obscure any copyright, trade secret, patent, trademark, logo, proprietary and/or other legal notices on or in copies of the Program;
(j) use Intheon's name, trade names, logos, or other trademarks of Intheon or any of its Affiliates in any advertising, promotional literature or any other material, whether in written, electronic, or other form, distributed to any Third Party, except in the form provided by Intheon, and then solely for purposes of identifying the Program, or as otherwise approved by Intheon;
(k) copy, make available for copy, or otherwise reproduce the Program, in whole or in part, except either (a) as may be required for their installation for the purpose of executing the Program in accordance with the License or (b) to make a reasonable number of copies solely for back-up purposes provided that any such permitted copies shall reproduce all copyright, trade secret, patent, logo, proprietary and/or other legal notices contained in the original copy obtained from Intheon;
(l) access or use a Program that Licensee is not currently licensed to access or to use;
(m) disclose or transfer the activation key, login credentials, and/or license file to a Third Party, or allow them to be used by a Third Party except as provided herein;
(n) republish the Documentation, except as expressly permitted in Article 4 of this Agreement;
(o) disable or circumvent any technical limitations in the Program including any limitations that may prevent the Program or Program Components from being compiled, distributed, or called from a web application.  Licensee agrees not to work around these limitations;
(p) access, enable access to, modify, translate, or deploy temporary intermediate files produced by the Program;
(q) make any use of the License on behalf of or for the benefit of a Third Party or an Affiliate in any manner that would constitute a violation of this License if such use were directly made by the Third Party or the Affiliate, or cause any Third Party or Affiliate to make any use of the License on behalf of or for the benefit of Licensee or an Affiliate in any manner that would constitute a violation of this License if such use were directly made by Licensee or Affiliate;
(r) acquire the License if a principal purpose of the acquisition is to transfer or assign the License to a Third Party unless expressly permitted by Intheon;
(s) alter the license key of the Program or otherwise circumvent the intended license key management operations;
(t) take any action that requires any portion of the Program to be made subject to end-user rights incompatible or inconsistent with the restrictions set forth in this Agreement; 
(u) with respect to a complimentary License awarded by Intheon for student support, research, fellowship participation, and teaching assistance, contravene any additional restrictions set forth in the award letter provided to Licensee.
(v) make any use of the Program or License if the Licensed User does not meet the criteria for Startup Edition Licensed Users as defined in Section 1.19 of this Agreement.

6. NONCOMPETITION.  Notwithstanding anything else contained in this Agreement, Licensee agrees not to use, test, benchmark, reverse engineer or determine the expression or design of, the Program or Program Components in order to make or distribute its own or a Third Party's application or software, a principal purpose of which, as reasonably determined by Intheon, is to perform the same or similar functions as the Program or which replaces any component of the Program. 

7. RETENTION OF RIGHT, TITLE AND INTEREST.  The Program shall at all times remain the property of Intheon and/or the Licensors, and Licensee shall have no right, title, or interest therein, except as expressly set forth in this Agreement.  Licensee shall take appropriate action by instruction, agreement, or otherwise with any persons permitted access to the Program, so as to enable Licensee to satisfy its obligations under the terms of this Agreement, including disabling access to the Program, in the event of a transfer of the License. 
Intheon shall retain no rights to any code copyrighted and/or owned solely by Licensee or a Third Party that is used in conjunction with the Program other than as described in this Agreement.

8. LICENSES FOR THIRD PARTY SOFTWARE, SERVICES, AND DATA.  Intheon has been granted licenses to distribute certain Third Party Software as part of or included with the Program.  These licenses require Intheon to distribute the software to Licensee subject to specific terms and conditions, which may provide rights and impose restrictions for use of the Program, including deployment of Applications, that are different from or additional to those contained herein.  These Third Party licenses are included or referenced in os-licenses.html.pdf.  The Program may also facilitate Licensee's use of Third Party services and data governed by the terms and conditions set forth in such Third Party's applicable agreements with Licensee. This Agreement does not grant any additional rights to access or use such Third Party services or data made accessible through the use of the Program. Licensee agrees to take this Agreement subject to these rights and restrictions, and also hereby confirms Licensee's explicit acceptance of any applicable Third Party Software licenses. 

9. LICENSE DURATION ("TERM").  This Agreement shall commence upon acceptance of the terms hereof and the purchase of a License to the Program, and shall continue for the duration of the Subscription Period selected by the Licensee providing the license fee at the then-current subscription price is paid, and unless otherwise terminated as per Article 10 of this Agreement. The Subscription Period may be automatically renewed at the end of the Subscription Period, extending the Term of the License, unless terminated by the Licensee. Should Intheon change the subscription price, the change in price will only take effect at the end of the Licensee’s Subscription Period. The Licensee can then choose to continue to license the Program at the new price, or to not renew their Subscription Period and terminate their License to the Program.

10. TERMINATION.  Intheon may terminate this Agreement and all Licenses granted hereunder for failure of the Licensee to pay the license fees as per the payment schedule (monthly, annual, or otherwise) selected by the Licensee.  Intheon may immediately terminate this Agreement and all Licenses granted hereunder if, after requesting and failing to receive from the Licensee adequate assurances of compliance with the terms of this Agreement, Intheon reasonably believes that Licensee is or is intending to breach any material term of this Agreement.  Intheon may immediately terminate upon notice this Agreement and all Licenses granted hereunder should Licensee breach the terms and conditions of Articles 4, 5, or 11.  
If Licensee or any of its Affiliates commences or participates in any legal proceeding against Intheon or any of Intheon' Affiliates challenging or asserting any intellectual property rights in or against any of the Program licensed hereunder, then Intheon may, without waiving any other legal rights or remedies available to it, immediately terminate this License. The foregoing sentence only applies to (a) a Licensee who has as its principal business the holding of patents and who does not engage, either directly or through an Affiliate, in any material active business of making products that embody the patents or (b) a Licensee who engages, either directly or through an Affiliate, in a principal business of licensing or making available commercial off the shelf ("COTS") software to Third Parties. 
Licensee may terminate this License, or choose not to renew its Subscription Period, at any time, for any reason.  Licensee shall not be entitled to any refund of any license fees already paid. 

11. EXPORT CONTROL.  The Programs may be subject to U.S. export control laws or other (U.S. and non-U.S.) governmental export and import laws and regulations. Notwithstanding any other term of this Agreement or Third Party agreement, Licensee's rights under this Agreement may not be exercised by Licensee or any Third Party in violation of such laws and regulations, nor may this Agreement be transferred to any party where doing so would result in such a violation. The terms of any limitation on the use, transfer or re-export of the Program imposed by Intheon in any Destination Control Statement or other document for the purpose of export control shall prevail over any term in this Agreement. It shall be Licensee's responsibility to comply with the latest United States or other governmental export and import regulations. 

12. FEDERAL ACQUISITION.  This provision applies to all acquisitions of the Program and Documentation by, for, or through the federal government of the United States.  By accepting delivery of the Program or Documentation, the government hereby agrees that this software or documentation qualifies as commercial computer software or commercial computer software documentation as such terms are used or defined in FAR 12.212, DFARS Part 227.72, and DFARS 252.227-7014.  Accordingly, the terms and conditions of this Agreement and only those rights specified in this Agreement, shall pertain to and govern the use, modification, reproduction, release, performance, display, and disclosure of the Program and Documentation by the federal government (or other entity acquiring for or through the federal government) and shall supersede any conflicting contractual terms or conditions.  If this License fails to meet the government's needs or is inconsistent in any respect with federal procurement law, the government agrees to return the Program and Documentation, unused, to Intheon. 

13. EUROPEAN UNION SOFTWARE DIRECTIVE.  For any Licensed User properly licensed to use the Program within the European Union, any contractual provisions of this Agreement contrary to laws implemented pursuant to Article 6 of Directive 2009/24/EC of the European Parliament and of the Council of 23 April 2009 on the legal protection of computer programs or to the exceptions provided for in Article 5(2) and (3) of such Directive shall be null and void solely to the extent decompiling, disassembling, or otherwise reverse-engineering of the Program is necessary to enable the Licensee to achieve the interoperability of an independently created program with the Program or any other permitted objectives specified by such laws implemented under such Directive (collectively, the "Permitted Objectives"), consistent with the Directive, provided that any such information gained is used solely for such Permitted Objectives and solely in the European Union.

14. TAXES, DUTIES, CUSTOMS.  Absent appropriate exemption certificates or other conclusive proof of tax exempt status, Licensee shall pay all applicable sales, use, excise, value-added, and other taxes, duties, levies, assessments, and governmental charges payable in connection with this Agreement or the Licenses granted hereunder, excluding taxes based on or measured by Intheon's income, for which Intheon shall be solely responsible. 

15. ASSIGNMENT.  Licensee may not assign or otherwise transfer this Agreement and any License hereunder, by operation of law or otherwise, without the written consent of Intheon.  Licensee agrees that Intheon may withhold such consent if it determines, at its sole discretion, that a principal purpose of the acquisition of this License was to assign the License to a Third Party.  In the case of any permitted or other lawful assignment or transfer, the terms of this Agreement including any License hereunder shall be binding upon, and inure to the benefit of, the transferee or assignee.  

16. CONFIDENTIALITY.  Licensee recognizes that the Program is the proprietary and confidential property of Intheon. Accordingly, Licensee shall not, without prior express written consent of Intheon, during the term of this Agreement and for three (3) additional years thereafter, disclose or reveal to any Third Party or utilize for its own benefit other than pursuant to this Agreement, any Program Component, provided that such information was not previously known to Licensee or to the general public. Licensee further agrees to take all reasonable precautions to preserve the confidentiality of the Program and shall assume responsibility that its employees, sublicensees, and assignees will similarly preserve this information against Third Parties. The provisions of this clause shall survive termination of this Agreement. 

17. LIMITATION OF LIABILITY AND INDEMNITY.  USE OF THE PROGRAM IS AT LICENSEE'S OWN RISK AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE ENTIRE LIABILITY OF INTHEON, ITS AFFILIATES AND SUPPLIERS FOR ALL CLAIMS RELATING TO THIS AGREEMENT SHALL BE LIMITED TO THE AMOUNT LICENSEE PAID FOR THE PROGRAM DURING THE TWELVE (12) MONTHS PRIOR TO SUCH CLAIM. SUBJECT TO APPLICABLE LAW, EXCEPT AS AFORESAID, INTHEON, ITS AFFILIATES AND SUPPLIERS ARE NOT LIABLE FOR ANY OF THE FOLLOWING: (A) INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES, WHETHER FORESEEABLE OR OTHERWISE; (B) DAMAGES RELATING TO FAILURES OF TELECOMMUNICATIONS, THE INTERNET, ELECTRONIC COMMUNICATIONS, CORRUPTION, SECURITY, LOSS OR THEFT OF DATA, VIRUSES, SPYWARE, LOSS OF BUSINESS, REVENUE, PROFITS, OPPORTUNITY, OR INVESTMENT, OR USE OF SOFTWARE OR HARDWARE. THE ABOVE LIMITATIONS APPLY EVEN IF INTHEON AND ITS AFFILIATES AND SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS AGREEMENT SETS FORTH THE ENTIRE LIABILITY OF INTHEON, ITS AFFILIATES AND LICENSEE’S EXCLUSIVE REMEDY WITH RESPECT TO THE PROGRAM AND ITS USE.
Licensee acknowledges that the Program may allow it to develop Applications that enable the control of motorized or mechanical equipment, or other systems, machines or devices, or to analyze or interpret biosignal data. Licensee agrees that it is the responsibility of Licensee to ensure the proper steps are taken to design and test such Applications to ensure that the Applications do not present risks of personal injury or death, property damage, or other losses. The Program may not always function as intended. Licensee must design its Applications so that any failure of the Program or the Application and/or such other software does not cause damage, including personal injury or death, property damage, or other losses. Any analysis or interpretation of data performed by Licensee using the Program or an Application is at the sole risk and liability of Licensee.  
Licensee agrees to indemnify and hold Intheon and its Affiliates and Suppliers harmless from any and all claims, liability and expenses, including reasonable attorneys' fees and costs, arising out of Licensee’s use of the Software or breach of this Agreement (collectively referred to as "Claims"). Intheon reserves the right, in its sole discretion and at its own expense, to assume the exclusive defense and control of any Claims. Licensee agrees to reasonably cooperate as requested by Intheon in the defense of any Claims.  

18. DISCLAIMER OF WARRANTIES. 
18.1. LICENSEE’S USE OF THE PROGRAM IS ENTIRELY AT LICENSEE’S OWN RISK. EXCEPT AS DESCRIBED IN THIS AGREEMENT, THE PROGRAM IS PROVIDED "AS IS." TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, INTHEON, ITS AFFILIATES, AND ITS AND THEIR THIRD PARTY PROVIDERS, LICENSORS, DISTRIBUTORS OR SUPPLIERS (COLLECTIVELY, "SUPPLIERS") DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY THAT THE PROGRAM IS FIT FOR A PARTICULAR PURPOSE, TITLE, MERCHANTABILITY, DATA LOSS, NON-INTERFERENCE WITH OR NON-INFRINGEMENT OF ANY INTELLECTUAL PROPERTY RIGHTS, OR THE ACCURACY, RELIABILITY, QUALITY OR CONTENT IN OR LINKED TO THE PROGRAM. INTHEON DOES NOT WARRANT THAT THE PROGRAM WILL OPERATE WITHOUT INTERRUPTION, BE ERROR FREE, OR OPERATE WITH ANY APPLICATION, PRODUCT, OR DEVICE.  IF THE EXCLUSIONS FOR IMPLIED WARRANTIES DO NOT APPLY TO LICENSEE, ANY IMPLIED WARRANTIES ARE LIMITED TO 60 DAYS FROM THE DATE OF PURCHASE OR DELIVERY OF THE SERVICES, WHICHEVER IS SOONER. THE PROGRAM IS PROVIDED WITH ALL FAULTS, AND THE ENTIRE RISK OF SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, AND EFFORT IS WITH LICENSEE.  LICENSEE ACCEPTS FULL RESPONSIBILITY FOR ITS USE OF THE PROGRAM AND THE RESULTS OBTAINED THEREFROM.
18.2. INTHEON, ITS AFFILIATES AND SUPPLIERS DISCLAIM ANY REPRESENTATIONS OR WARRANTIES THAT LICENSEE’S USE OF THE PROGRAM WILL SATISFY OR ENSURE COMPLIANCE WITH ANY LEGAL OBLIGATIONS OR LAWS OR REGULATIONS.
18.3. INTHEON MAKES NO CLAIMS WHATSOEVER, AND DISCLAIMS ALL RESPONSIBILTY, AS CONCERNS THE ACCURACY, APPLICABILITY OR EFFICACY OF ANY DATA GENERATED THROUGH THE USE OF THE PROGRAM.
18.4. THE PROGRAM IS NOT A MEDICAL PRODUCT. IT DOES NOT PROVIDE ANY MEDICAL DIAGNOSIS, NOR IS IT INTENDED TO BE USED TO DIAGNOSE, TREAT, CURE OR PREVENT ANY DISEASE. IT SHOULD NOT BE USED AS A SUBSTITUTE FOR PROFESSIONAL MEDICAL DIAGNOSIS OR TREATMENT. 

19. GOVERNING LAW; JURISDICTION.  This Agreement shall be interpreted, enforced and construed and the rights of the parties hereunder governed in all respects by the laws of the State of California, United States of America, without regard to its conflicts of law provisions, and both parties consent to the jurisdiction of the federal and state courts located in said State and consent to the service of process, pleadings and notices in connection with any and all actions initiated in such courts.  The parties agree that a final judgment in any such action or proceeding shall be conclusive and binding and may be enforced in any other jurisdiction.  To the extent any governing law, treaty, or regulation is in conflict with this Agreement, the conflicting terms of this Agreement shall be superseded only to the extent required by such law, treaty, or regulation.  If any provision of this Agreement shall be otherwise unlawful, void, or otherwise unenforceable, that provision shall be enforced to the maximum extent permissible.  In either case, the remainder of this Agreement shall not be affected.  The parties agree that the U.N. Convention on Contracts for the International Sale of Goods shall not apply to this Agreement.  The parties further agree that the Uniform Computer Information Transactions Act, or any version thereof, adopted by any state, in any form ("UCITA"), shall not apply to this Agreement.  To the extent that UCITA is applicable, the parties agree to opt out of the applicability of UCITA pursuant to the Opt-Out provision(s) contained therein. 

20. HEADINGS.  The inclusion of headings is for convenience of reference only and shall not affect the construction or interpretation of this Agreement.

21.  RESERVATION OF RIGHTS. 
21.1. Intheon reserves the right at any time to alter the prices, features, specifications, capabilities, functions, terms of use, release dates, general availability, or other characteristics of the Program. 
21.2. Intheon may update or modify this Agreement from time to time, including any referenced policies and other documents. If a revision meaningfully reduces the rights of Licensee, Intheon will use reasonable efforts to notify Licensee (for example, by contacting Licensee at the email address provided by Licensee, by posting on the Program website, or via the Program itself). If this Agreement is modified by Intheon, the modified version of the Agreement will be effective from the start of Licensee’s next Subscription Period. In this case, if Licensee objects to the updated Agreement terms, as Licensee’s exclusive remedy, Licensee may terminate this agreement. Licensee may be required confirm its acceptance of the updated Agreement. 

22. SURVIVABILITY.  Articles 5, 6, 7, 11, 12, 13, 15, 16, 17, 18, 19 shall survive the termination of this Agreement. 

23. ENTIRE AGREEMENT.  This Agreement, any applicable Addendum thereto and documents referenced therein is the entire understanding of the Parties, and supersedes any previous or contemporaneous communications, whether oral or written with respect to its subject matter. The Agreement may not be modified or amended or superseded except by a written agreement signed by Intheon and Licensee. This Agreement shall take precedence over any other documents that may be in conflict therewith.


NPSELA/1.4 © 2019 Syntrogi Inc dba Intheon. All Rights Reserved.
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Neuropype is not a medical product, is for information purposes only, is not intended to provide any medical diagnosis or treatment, and should not be used as a substitute for professional medical diagnosis or treatment.