End-User License
Agreement (EULA) for MotorLab
Note that no software
support is provided by the developer and no warranty is implied. Also note that
this software may not work as expected in virtualized environments.
This End-User License
Agreement ("EULA") is a legal agreement between you and Carlsen
Research and Development (Carlsen R&D)
This EULA agreement
governs your acquisition and use of our MotorLab software
("Software") directly from Carlsen R&D or indirectly
through a Carlsen R&D authorized reseller or distributor (a
"Reseller").
Please read this EULA
agreement carefully before completing the installation process and using
the MotorLab software. It provides a license to use
the MotorLab software and contains warranty information and liability
disclaimers.
By clicking
"accept" or installing and/or using the MotorLab software, you are
confirming your acceptance of the Software and agreeing to become bound by the
terms of this EULA agreement.
If you register for a
free trial of the MotorLab software, this EULA agreement will also
govern that trial. By clicking "accept" or installing and/or using
the MotorLab software, you are confirming your acceptance of the Software
and agreeing to become bound by the terms of this EULA agreement.
If you are entering
into this EULA agreement on behalf of a company or other legal entity, you
represent that you have the authority to bind such entity and its affiliates to
these terms and conditions. If you do not have such authority or if you do not agree
with the terms and conditions of this EULA agreement, do not install or use the
Software, and you must not accept this EULA agreement.
This EULA agreement
shall apply only to the Software supplied by Carlsen R&D herewith
regardless of whether other software is referred to or described herein. The
terms also apply to any MotorLab updates, supplements, Internet-based
services, and support services for the Software, unless other terms accompany
those items on delivery. If so, those terms apply.
License Grant
Carlsen
R&D hereby grants you a non-transferable, non-exclusive license to try
the MotorLab software in trial mode on your device(s) in accordance
with the terms of this EULA agreement. Purchase of a full license will grant
you a license to use the MotorLab software on a single device for either a) 1-year;
b) until the following August 30; c) in the case of a site license, until such
date as agreed upon by terms of the site license.
You are permitted to
load the MotorLab software on computing device(s) (for example a PC,
laptop, mobile, or tablet) under your control. In cases where a site license is
purchased, the software can be installed on the agreed upon number of devices,
and it is also permitted to provide secure access to MotorLab software to
authorized individuals through virtual environments such as Citrix if such an
agreement exists between Carlsen R&D and the purchaser. You are responsible
for ensuring your device meets the minimum requirements of
the MotorLab software.
You are not permitted
to:
• Edit,
alter, modify, adapt, translate or otherwise change the whole or any part of
the Software nor permit the whole or any part of the Software to be combined
with or become incorporated in any other software, nor decompile, disassemble
or reverse engineer the Software or attempt to do any such things
• Resell
the Software for any non-educational, or commercial purpose
• Allow
any non-authorized third party to use the Software on behalf of or for the
benefit of any third party
• Use
the Software in any way which breaches any applicable local, national or
international law
• Use
the Software for any purpose that Carlsen R&D considers is a
breach of this EULA agreement
• Use
the Software for any purpose beyond the license expiry date provided with this
software
Privacy Statement
The MotorLab software collects some information from your computer during activation for software licensing purposes. For example, some computer hardware signatures are collected and stored for the duration of the license such as CPU type and/or serial number, but IP addresses or other potentially identifying details are not collected. Note this information is not collected for institutional network installations.
MotorLab collects
summary performance data at the end of each lab activity (e.g. reaction time values
in the Simple Reaction Time lab) and transmits this data to our servers. This
data is anonymized before transmission and cannot be linked to any individual
or particular license code. We use this data to provide normative data sets for
instructors to provide to users as a basis of performance comparison This feature
can be deactivated by the user at any time.
Intellectual Property and Ownership
This Software is
copyright © 2020-2024 by Carlsen R&D. Carlsen R&D shall at all
times retain ownership of the Software as originally downloaded by you and all
subsequent downloads of the Software by you. The Software (and the copyright,
and other intellectual property rights of whatever nature in the Software,
including any modifications made thereto) are and shall remain the property
of Carlsen R&D.
Carlsen R&D reserves
the right to grant licenses to use the Software to third parties.
Termination
This EULA agreement is
effective from the date you first use the Software and shall continue until
license expiry or until otherwise terminated. You may terminate it at any time
upon written notice to Carlsen R&D.
It will also terminate
immediately if you fail to comply with any term of this EULA agreement. Upon
such termination, the licenses granted by this EULA agreement will immediately
terminate and you agree to stop all access and use of the Software. The provisions
that by their nature continue and survive will survive any termination of this
EULA agreement.
Governing Law
This EULA agreement,
and any dispute arising out of or in connection with this EULA agreement, shall
be governed by and construed in accordance with the laws of Canada.
Disclaimer of warranty
With regard and with
relationship to the maximum extent permitted by applicable law, Carlsen
R&D, and, if applicable, related suppliers, shall provide the Software and
any contracted support services, if needed, related to the Software, and
hereunto disclaim all warranties and conditions, either express, implied or
statutory, which may include, but are not limited to, any implied warranties or
conditions of merchantability, of suitability for a specified purpose, that it
contains absolute accuracy or completeness of responses, of results, and of any
lack of negligence or lack of workmanlike effort, all with respect to the
Product, and the provision of or failure to provide Support Services.
Furthermore, there is no warranty or condition of title, quiet enjoyment, quiet
possession, or non-infringement with regards to the herein contained product.
The entire risk as to the quality of, or performance of the product and support
services, if any, rests with you.
Limitation of
liability and remedies
In spite of any
damages that you may or may not incur for any reason, which may include, but
are not limited to, any and all direct or general damages, the entire liability
of Carlsen R&D and/or any of the aforementioned suppliers covered under the
herein contained provisions of this EULA, along with Your exclusive remedy with
regards to all of the foregoing, shall hereby be limited to the amount actually
paid by you for this Software. Therefore, the aforementioned limitations,
exclusions and any disclaimers shall apply to the maximum extent allowable by
law, even should any proposed remedy fail its essential purpose.