2. Provision of OpenSignals to you
2.1 OpenSignals is maintained and supported by PLUX - Wireless Biosignals, S.A., with headquarters at Zona Ind. das Corredouras, Lote 14 - 1, 2630-369 Arruda dos Vinhos, Portugal.
2.2 PLUX gives you a personal, worldwide, royalty-free, non-assignable and non-exclusive license to use OpenSignals as provided to you.
2.3 You acknowledge and agree that PLUX may stop supporting OpenSignals without prior notice to you (permanently or temporarily).
2.4 You acknowledge and agree that OpenSignals is provided to you "as is" and is not a medical device nor is it intended for medical diagnosis. PLUX makes no express or implied warranties whatsoever with respect to its functionality, operability, or use, including, without limitation, any implied warranties, fitness for a particular purpose, or infringement.
3. Use of OpenSignals by you
3.2 You agree that you will not engage in any activity that interferes with or disrupts OpenSignals.
3.3 Unless you have been specifically allowed to do so by PLUX, you agree that you will not sell, trade or resell OpenSignals.
4. Contents in OpenSignals
4.1 You understand that all information (such as data files, add-ons, etc., hereinafter denominated “Content”) which you may have access to as part or through your use of OpenSignals are the sole responsibility of the person from which such content originated.
4.2 You should be aware that some of the Content may be protected by intellectual property rights which are owned by the person from which such content originated. You may not rent, lease, loan, sell, distribute or create commercial derivative works based on this Content (either in whole or in full) unless you have been specifically authorised to do so in a separate agreement with PLUX or with the owners of that Content.
4.3 You should be aware that by design, PLUX has ensured that the Content is only stored in your local computer. However, by tampering with OpenSignals or using third-party add-ons you use it at your own risk.
4.4 You agree that you are solely responsible for (and that PLUX has no responsibility to you or to any third party) for any Content that you create, transmit or display while using OpenSignals and for the consequences of your actions by doing so.
5. Proprietary rights
5.1 You retain copyright and any other rights you already hold in Content which you submit, post or display on or through OpenSignals.
5.2 You acknowledge and agree that PLUX owns all legal right, title and interest in and to OpenSignals, including any intellectual property rights whether those rights happen to be registered or not, and wherever in the world those rights may exist.
5.4 You agree that you shall not remove, obscure, or alter any proprietary rights notices which may be affixed to or contained within OpenSignals (including copyright and trade mark notices).
5.5 Unless you have been expressly allowed to do so by PLUX, you agree that in using OpenSignals, you will not use any trade mark, service mark, trade name, logo of any company or organization in a way that is likely or intended to cause confusion about the owner or authorized user of such marks, names or logos.
6. EXCLUSION OF WARRANTIES
6.1 NOTHING IN THESE TERMS, SHALL CONSTITUTE ANY WARRANTY FROM PLUX OR MAKE PLUX LIABLE FOR LOSSES.
6.2 YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF OPENSIGNALS IS AT YOUR SOLE RISK AND THAT THE SERVICES ARE PROVIDED "AS IS" AND “AS AVAILABLE”.
6.3 ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH OPENSIGNALS IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
6.4 NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM PLUX OR THROUGH OR FROM OPENSIGNALS SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.
6.5 PLUX FURTHER EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
6.6 IN PARTICULAR, PLUX AND ITS PARTNERS DO NOT REPRESENT OR WARRANT TO YOU THAT:
(A) OPENSIGNALS WILL MEET YOUR REQUIREMENTS,
(B) YOUR USE OF OPENSIGNALS WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR,
(C) ANY INFORMATION OBTAINED BY YOU AS A RESULT OF YOUR USE OF OPENSIGNALS WILL BE ACCURATE OR RELIABLE, AND
(D) THAT DEFECTS IN THE OPERATION OR FUNCTIONALITY OF ANY SOFTWARE PROVIDED TO YOU AS PART OF OPENSIGNALS WILL BE CORRECTED.
7. LIMITATION OF LIABILITY
7.1 YOU EXPRESSLY UNDERSTAND AND AGREE THAT PLUX AND ITS PARTNER SHALL NOT BE LIABLE TO YOU FOR:
(A) ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL CONSEQUENTIAL OR EXEMPLARY DAMAGES WHICH MAY BE INCURRED BY YOU, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY.. THIS SHALL INCLUDE, BUT NOT BE LIMITED TO, ANY LOSS OF PROFIT (WHETHER INCURRED DIRECTLY OR INDIRECTLY), ANY LOSS OF GOODWILL OR BUSINESS REPUTATION, ANY LOSS OF DATA SUFFERED, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR OTHER INTANGIBLE LOSS;
(B) ANY LOSS OR DAMAGE WHICH MAY BE INCURRED BY YOU, INCLUDING BUT NOT LIMITED TO LOSS OR DAMAGE AS A RESULT OF:
(I) ANY CHANGES WHICH PLUX MAY MAKE TO THE SERVICES, OR FOR ANY PERMANENT OR TEMPORARY CESSATION IN THE PROVISION OF OPENSIGNALS (OR ANY OF ITS FEATURES);
(II) THE DELETION OF, CORRUPTION OF, OR FAILURE TO STORE, ANY CONTENT AND OTHER COMMUNICATIONS DATA MAINTAINED OR TRANSMITTED BY OR THROUGH YOUR USE OF OPENSIGNALS;
7.2 THE LIMITATIONS ON PLUX’S LIABILITY TO YOU SHALL APPLY WHETHER OR NOT PLUX HAS BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES ARISING.
9. General legal terms
10. Use of extensions to OpenSignals
10.1 These terms in this section apply if you install plugins or add-ons on your copy of OpenSignals. Add-ons are small software programs, developed by PLUX or third parties, that can modify and enhance the functionality of OpenSignals. Add-ons may have greater privileges to access your computer than regular OpenSignals features.
10.2 From time to time, OpenSignals may check with remote servers (hosted by PLUX or by third parties) for available updates to add-ons, including but not limited to bug fixes or enhanced functionality. You agree that such updates will be automatically requested, downloaded, and installed without further notice to you.
10.3 From time to time, PLUX may discover an extension that violates PLUX developer terms or other legal agreements, laws, regulations or policies. You agree that PLUX may remotely disable or remove any such extension from user systems in its sole discretion.
March 11, 2015