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IMPORTANT: PLEASE READ THE TERMS AND CONDITIONS OF THIS LICENSE 
AGREEMENT CAREFULLY BEFORE USING THE SOFTWARE. BOULDER NEUROTRAINING CENTER LLC (REFERENCED BELOW AS "THE LICENSOR" OR "US") AGREES TO LICENSE THE SOFTWARE TO YOU AS THE INDIVIDUAL, COMPANY,OR LEGAL ENTITY (REFERENCED BELOW AS "YOU OR YOUR") THAT WILL BE UTILIZING THE SOFTWARE ONLY ON THE CONDITION THAT YOU ACCEPT ALL OF THE TERMS OF THIS LICENSE AGREEMENT. THIS IS A LEGAL AND ENFORCEABLE CONTRACT BETWEEN YOU AND BOULDER NEUROTRAINING CENTER LLC. BY OPENING THIS PACKAGE, BREAKING THE SEAL, LOADING THE SOFTWARE, CLICKING ON THE "I AGREE" BUTTON, OR OTHERWISE INDICATING ASSENT ELECTRONICALLY, YOU AGREE TO THE TERMS AND CONDITIONS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS,YOU MUST NOT DOWNLOAD,INSTALL,OR USE THE SOFTWARE.

Boulder NeuroTraining Center LLC licenses the use this software package to you in accordance with this Software License Agreement. You assume responsibility for the use installation, use, and results obtained from the programs. Boulder NeuroTraining Center’s software packages are for sale only to health care providers who are qualified by specialized training and their profession to use biofeedback modalities. Additionally, health care providers are expected to use Boulder NeuroTraining Center’s software packages only within their professional scope of practice.

YOU MAY:
(a) Install and use the software on multiple computers for 
example, home, laptop, and office) used exclusively by you as an 
individual or business
(b) Copy the programs into any machine-readable form for backup 
purposes only;

YOU MAY NOT:
(a) Rent, lease or loan any copy of the Software to another person;
(b) Use, copy, modify, or transfer the programs or any copy, in whole 
or in part, except as expressly provided for in this License Agreement. 
IF YOU TRANSFER POSSESSION OF ANY COPY OF THE PROGRAMS TO ANOTHER 
PARTY, YOUR LICENSE IS AUTOMATICALLY TERMINATED.

TECHNICAL SUPPORT

Technical support is provided regarding installation procedures such as how to download software from www.louisemarks.com. You are expected to obtain your own training on the basic operations of the BioGraph Infiniti software unless other technical support agreements have been made through Boulder NeuroTraining Center LLC.

TERM

The license is effective until terminated. You may terminate it at any 
other time by destroying the programs together with all copies, 
modifications and merged portions in any form. It will also terminate upon conditions set forth elsewhere in this Agreement or if you fail to comply with any term or condition of this Agreement. You agree upon such termination to destroy the programs together with all copies, modifications and merged portions in any form.

NO WARRANTY

Accordingly, the Software is being delivered to you "AS IS" and Licensor and its affiliates make no warranty as to its use or performance. 
LICENSOR AND ITS AFFILIATES DO NOT AND CANNOT WARRANT THE PERFORMANCE OR RESULTS YOU MAY OBTAIN BY USING THE SOFTWARE. LICENSOR AND ITS SUPPLIERS MAKE NO WARRANTIES, EXPRESS OR IMPLIED, AS TO NONINFRINGEMENT OF THIRD PARTY RIGHTS, TITLE, MERCHANTABILITY, OR FITNESS FOR ANY PARTICULAR PURPOSE. YOU ASSUME ALL RISK ASSOCIATED WITH THE QUALITY, PERFORMANCE, INSTALLATION AND USE OF THE SOFTWARE INCLUDING, BUT NOT LIMITED TO, THE RISKS OF PROGRAM ERRORS, DAMAGE TO EQUIPMENT, LOSS OF DATA OR SOFTWARE PROGRAMS, OR UNAVAILABILITY OR INTERRUPTION OF OPERATIONS. YOU ARE SOLELY RESPONSIBLE FOR DETERMINING THE APPROPRIATENESS OF USE THE SOFTWARE AND ASSUME ALL RISKS ASSOCIATED WITH ITS USE.

LIMITATIONS OF REMEDIES

IN NO EVENT WILL BOULDER NEUROTRAINING CENTER LLC, ITS AFFILIATES, OR ITS SUPPLIERS BE LIABLE TO YOU FOR ANY DAMAGES, CLAIMS, OR COSTS WHATSOEVER, INCLUDING ANY LOST PROFITS, LOST SAVINGS, OR OTHER INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE, MISUSE, OR INABILITY TO USE SUCH SOFTWARE, EVEN IF BOULDER NEUROTRAINING CENTER LLC OR ANY BOULDER NEUROTRAINING CENTER LLC REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS, DAMAGES, OR COSTS, OR FOR ANY CLAIM BY ANY OTHER PARTY. THE FOREGOING LIMITATIONS AND EXCLUSIONS APPLY TO THE EXTENT PERMITTED BY APPLICABLE LAW IN YOUR JURISDICTION. SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

INDEMNIFICATION. You agree to indemnify and hold the Licensor, 
affiliates, officers and employees, harmless from any claim or demand, 
including reasonable attorneys' fees, made by any third party due to or arising out of your use or misuse of the Software, or the infringement by you, of any intellectual property or other right of any person or entity.

U.S. GOVERNMENT RESTRICTED RIGHTS

The programs and documentation sold with the programs are provided with 
RESTRICTED RIGHTS. Use, duplication or disclosure by the Government is 
subject to restrictions as set forth in the Commercial Computer 
Software-Restricted Rights clause at FAR 52.227-19 and in paragraph (c)(1)(ii) 
of The Rights in Technical Data and Computer Software clause at 48 
C.F.R. Section 252.227-7013.
Contractor/manufacturer is BOULDER NEUROTRAINING CENTER LLC, www.louisemarks.com, 2300 Broadway, Boulder, Colorado 80304, USA.

EXPORT RULES

You agree that the Software will not be shipped, transferred or 
exported into any country or used in any manner prohibited by the United States Export Administration Act or any other export laws, restrictions or regulations (collectively the "Export Laws"). In addition, if the Software is identified as export controlled items under the Export Laws, you represent and warrant that you are not a citizen, or otherwise located within, an embargoed nation and that you are not otherwise prohibited under the Export Laws from receiving the Software. All rights to use the Software are granted on condition that such rights are forfeited if you fail to comply with the terms of this Agreement.

GENERAL

This Agreement will be governed by the laws of the state of Colorado.
YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, UNDERSTAND IT AND 
AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS. YOU FURTHER AGREE THAT IT IS THE COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN 
BOULDER NEUROTRAINING CENTER LLC AND YOU WHICH SUPERSEDES ANY PROPOSAL OR PRIOR AGREEMENT, ORAL OR WRITTEN, AND ANY OTHER COMMUNICATIONS BETWEEN BOULDER NEUROTRAINING CENTER LLC AND YOU 
RELATING TO THE SUBJECT MATTER OF THIS AGREEMENT.
For further information, please contact us at biomarks@yahoo.com

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