LICENSED APPLICATION END USER LICENSE AGREEMENT
This Licensed Application End User License Agreement (“EULA”) governs the use of the Pigio application (“Pigio”) and the ETNA application (“ETNA”) (collectively, the “Apps”).
The Apps are mobile applications that are made available to you through the Apple App Store and are licensed, not sold, to you. Your license to the Apps is subject to your prior acceptance of this EULA between you and 10032506 CANADA INC. dba Innodem Neurosciences (“Innodem” or the “Licensor”). Your license to the Apps, under this EULA, is granted by Innodem. Innodem reserves all rights in and to the Apps not expressly granted to you under this EULA.
The Pigio software and service is an application that permits users to control a cursor on the screen using only their eye movements. This allows individuals with incapacitating neurological and medical conditions to rapidly communicate with others by selecting pre-defined sentences and words that are displayed on the screen.
The ETNA software and service is an application that records video of a user’s face. ETNA is intended for use only in the context of clinical studies in which the user has duly agreed to participate. Video recordings collected by ETNA will be sent to the research team conducting the study for use therein, as described by the STUDY CONSENT FORM that must have been duly signed by participants prior to their use of ETNA.
This EULA is a legal contract between you and the Licensor. The following general terms and conditions permit you to: 1) download, install and use the Apps’ software, including any additional software updates that the Licensor may make available to you; 2) access the software; and 3) use the accompanying documentation provided by the Licensor for using the software and accessing its services.
Please read this EULA carefully, since this document includes limitations of liability as well as disclaimers of warranties, and other terms which affect your legal rights. If you do not agree with these terms, or if you lack capacity or authority to agree to these terms, do not install or use the Apps or access the services.
1. Scope of License
The Licensor grants to you a personal, non-exclusive, non-transferable, non-sublicensable, revocable limited license, to install and use the Apps on multiple Devices, only in the countries and languages in which the Apps are made available. The Licensor retains all right, title, and interest in and to the Apps, and all related data and information, including intellectual property and proprietary rights and interests. You hereby acknowledge that the Apps are protected by all copyright, trade-mark, and other applicable intellectual property laws. Your use of the Apps does not grant or transfer to you any ownership or other rights in the Apps, and except as expressly provided, nothing herein or within the Apps shall be construed as conferring on you or any other person any license under any of our or any third party’s intellectual property rights, including, without limitation, any right to download, display, reproduce, distribute, modify, edit, alter or enhance the Apps in any manner whatsoever. Any rights not expressly granted to you in this EULA are expressly reserved. For greater certainty, you agree that you will not take any action that is inconsistent with the Licensor’s ownership of the Apps.
The terms of this EULA will govern any content, materials, or services accessible from or purchased within the Apps as well as upgrades provided by the Licensor that replace or supplement the original Apps, unless such upgrade is accompanied by a separate EULA.
Except as permitted by law:
- You may not distribute or make the Apps available over a network where they could be used by multiple devices at the same time;
- You may not transfer, redistribute or sublicense the Apps and, if you sell your Apple Device to a third party, you must remove the Apps from the Apple Device before doing so;
- You may not copy (except as permitted by this license), reverse-engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Apps, any updates, or any part thereof (except as and only to the extent that any foregoing restriction is prohibited by applicable law or to the extent as may be permitted by the licensing terms governing use of any open-sourced components included with the Apps);
- Remove any proprietary notices, labels or marks from the Apps;
- You may not use, or encourage, promote or facilitate, or instruct others to use the Apps for any use that the Licensor reasonably believes to be illegal, harmful, or offensive, or to transmit, store, or otherwise make available any content that the Licensor reasonably believes to be illegal, harmful, or offensive;
- You may not use the Apps to violate, or attempt to violate, the security or integrity of any network computer, or communications system, software application, or network or computing device;
- You may not make network connections to any users, hosts, or networks of the Apps unless you have permission to communicate with them; and
- You may not take any action, or attempt any action, that interferes with or disrupts the proper functioning of any system.
If you become aware of any violation of this section, you agree to notify the Licensor immediately and cooperate in any efforts to stop or remedy the violation. The Licensor providers may investigate any violation of this section or misuse of the Apps, but the Licensor is not obligated to do so. The Licensor may deem it necessary to report any activity that it suspects violates any law or regulation to appropriate law enforcement officials, regulators, or other appropriate third parties, without necessarily advising you. Such reporting may include disclosing appropriate Personal Information, Usage Data, and network and systems information related to alleged violations of this section or this EULA. The Licensor may cooperate with appropriate public agencies or other appropriate third parties to assist with the investigation and prosecution of illegal conduct related to alleged violations of this section.
2. Compliance with Laws
You will comply with laws and regulations that apply to your use of the Apps, and to your business and data, including laws, regulations and industry standards concerning privacy and data protection. You bear sole responsibility for your use of the Apps, including compliance with all laws, regulations and standards that apply to such use. You may not use the Apps (including data stored, transmitted or processed using the Apps) in ways that would impose additional regulatory or other legal obligations upon the Licensor and/or its service providers because of that use (for example, by subjecting the Licensor and/or its service providers to regulations that apply to your industry).
3. Consent to Use of Data
You agree that the Licensor may collect and use technical data and related information— including but not limited to technical information about your device, system and application software, and peripherals—that is gathered periodically to facilitate the provision of software updates, product support, and other services to you (if any) related to the Apps. Also, we may use data and information that we collect in providing the Apps, including Usage Data (as defined below) to facilitate the provision of software updates, product support, and other services to you (if any) related to the Apps. Usage Data includes, but is not limited to, information about the number of users of the software, their general geographic region, how you use the software, including settings changes, language selection, character trace paths, data regarding the selection of text or phrases, crashes experienced, and similar data.
4. Termination of EULA
This EULA begins on your acceptance of the terms and conditions of this EULA and expires upon termination. The Licensor may terminate or suspend this EULA, and/or the licenses granted at any time in its sole discretion, with or without cause, by notifying you that the license has expired or has been terminated or suspended. This EULA shall terminate automatically upon the breach of any of its terms and conditions by you. Upon termination, you shall immediately stop use of the Apps and shall delete all copies of the App.
5. Amendments to EULA
The Licensor may amend all or any part of this EULA at any time by adding, deleting, varying the content. These amendments may include changes to the rights to use the Apps, and may be made at any time at the Licensor’s discretion.
The Licensor will provide you with notice of the proposed amendments by posting an amended version of this EULA with a new version number. The Licensor will include a link to the previous version of this EULA beneath the new version number. Where required by law, or at its discretion, the Licensor will provide you with notice thirty (30) days prior to the effective date of the change by posting a notice on our website and/or sending a message to the email address (or other contact information at the Licensor’s discretion) associated with your account. The amendments will take effect 30 days after the date which the amended version is posted. Prior to that date, the previous version of this EULA will continue to apply.
If you disagree with any amendments, you may terminate this EULA by uninstalling the Apps and ceasing to use the Services at any time within the 30-day notice period. If the amendment increases your obligations under this EULA, or decreases the Licensor’s obligations under this EULA, then you can also cancel in the 30 days after the amendments take effect. There will be no cost or penalty for doing so. If you do not uninstall the Apps and cease using the Services during that time, then by your continued use, you are considered to have accepted the proposed amendments.
7. Secure Access
You agree to comply with the Licensor’s security protocols and only access the Apps via the login credentials provided by the Licensor. You are solely responsible for maintaining the confidentiality and security of your login credentials and for all activities that occur on or through your account. You shall notify the Licensor immediately if you become aware of any unauthorized use of your login credentials. You shall not (a) share your login credentials or (b) use the login credentials of others to access the Apps.
8. External Services
The Apps may enable access to the Licensor’s and/or third-party services and websites (collectively and individually, “External Services”). You agree to use the External Services at your sole risk. The Licensor is not responsible for examining or evaluating the content or accuracy of any third-party External Services, and shall not be liable for any such third-party External Services. Data displayed by any Apps or External Service, including but not limited to financial, medical and location information, is for general informational purposes only and is not guaranteed by the Licensor or its agents. You will not use the External Services in any manner that is inconsistent with the terms of this EULA or that infringes the intellectual property rights of the Licensor or any third party. You agree not to use the External Services to harass, abuse, stalk, threaten or defame any person or entity, and that the Licensor is not responsible for any such use. External Services may not be available in all languages or in your home country, and may not be appropriate or available for use in any particular location. To the extent you choose to use such External Services, you are solely responsible for compliance with any applicable laws. The Licensor reserves the right to change, suspend, remove, disable or impose access restrictions or limits on any External Services at any time without notice or liability to you.
Our Pigio app uses the YouTube API. In order to access the information required to provide some of the product’s services, you agree to be bound by YouTube’s Terms of Service and are agreeing to be bound by any changes, additions or related terms thereto that may be listed separately or otherwise concerning the YouTube API, either at YouTube.com or otherwise.
9. No Warranty
You expressly acknowledge and agree that use of the Apps is at your sole risk. To the maximum extent permitted by applicable law, the Apps and any services performed or provided by the Apps are provided “as is” and “as available,” with all faults and without warranty of any kind, and the Licensor hereby disclaims all warranties and conditions with respect to the Apps and any services, either express, implied, or statutory, including, but not limited to, the implied warranties and/or conditions of merchantability, of satisfactory quality, of fitness for a particular purpose, of accuracy, of quiet enjoyment, and of non-infringement of third-party rights. No oral or written information or advice given by the Licensor or its authorized representative shall create a warranty. Should the Apps or services prove defective, you assume the entire cost of all necessary servicing, repair, or correction. Some jurisdictions do not allow the exclusion of implied warranties or limitations on applicable statutory rights of a consumer, so the above exclusion and limitations may not apply to you.
10. Limitation of Liability
To the maximum extent permitted by law, in no event shall the Licensor be liable for personal injury or any incidental, special, indirect, or consequential damages whatsoever, including, without limitation, damages for loss of profits, loss of data, business interruption, or any other commercial damages or losses, arising out of or related to your use of or inability to use the Apps, however caused, regardless of the theory of liability (contract, tort, statutory, or otherwise) and even if the Licensor has been advised of the possibility of such damages. Some jurisdictions do not allow the limitation of liability for personal injury, or of incidental or consequential damages, so this limitation may not apply to you. In no event shall the Licensor’s total liability to you for all damages (other than as may be required by applicable law in cases involving personal injury) exceed the amount of fifty dollars ($50.00 CAD). The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.
11. Prohibited Uses and Activities
You may not use or otherwise export or re-export the Apps except as authorized by the domestic laws of Quebec, the federal laws of Canada and the laws of the jurisdiction in which the Apps were obtained. In particular, but without limitation, the Apps may not be exported or re-exported (a) into any U.S. or Canadian embargoed countries or (b) to anyone on the U.S. Treasury Department’s Specially Designated Nationals List or the U.S. Department of Commerce Denied Persons List or Entity List, or any similar Canadian lists. By using the App, you represent and warrant that you are not located in any such country or on any such list. You also agree that you will not use these products for any purposes prohibited by Canadian law, including, without limitation, the development, design, manufacture, or production of nuclear, missile, or chemical or biological weapons.
12. Governing Law
Except to the extent expressly provided in the following paragraph, this Agreement and the relationship between you and the Licensor shall be exclusively governed by the domestic laws of Quebec and the Federal law of Canada applicable therein. Any litigation arising from or related to this EULA or the Apps or the Services shall be submitted to the exclusive jurisdiction of the courts of Quebec. The official text of the Agreement or any notices required hereby shall be in English. In Canada, Province of Quebec for all contracts drafted in English, both parties agree to write this document in English. Les Parties contractantes ont convenu de rédiger le présent document en langue anglaise.
13. Contact Information
If you have any questions or comments about this EULA, to exercise any applicable rights, to make a complaint, or to obtain information about our policies and practices with respect to any service providers outside Canada, you can reach out to us by email at: email@example.com.
You understand and agree that nothing accessed through these Apps constitutes professional medical advice. The Licensor disclaims any representation or warranty, expressed or implied, concerning the accuracy or completeness of the information contained on the Apps. In no event shall the Licensor be liable for any special, indirect or consequential damages or damages of any kind whatsoever, resulting from or arising out of or in connection with the use of this App.
From time to time, we may remotely update, upgrade, modify, delete or stop supporting the Apps for any reason, including, without limitation, to enhance Apps or system functionality or stability or to address potential safety or security concerns. You agree that we may at any time automatically update, upgrade, modify, delete, or stop supporting the Apps. If the Apps are updated, upgraded or modified, whether to enhance or correct features or functionality, then these Terms will apply to the updates, upgrades and modifications in addition to any other terms that are presented to you in connection with the update, upgrade or modification.
16. App Store
If your mobile device is an Apple device, then the following paragraph applies: You are entering into the Agreement, including these Terms, with the Licensor and not with Apple Inc. (“Apple”). However, Apple and its subsidiaries are third party beneficiaries of the Agreement, and Apple may enforce the Agreement. The Licensor is solely responsible, as provided in these Terms, for the Apps and their associated information; Apple makes no warranty with respect to the Apps or the information and has no obligation whatsoever to furnish any maintenance and support services for the Apps. Apple is not responsible for addressing any claims relating to the Apps or their associated information or your possession or use of the Apps, including but not limited to: (i) product liability claims, (ii) any claims that the Apps fails to conform to any legal or regulatory requirement, and (iii) claims arising under consumer protection and similar legislation. If a third party claims that the Apps, its associated information, or your possession or use of the Apps or associated information infringes a third party’s intellectual property rights, Apple is not responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim. You acknowledge that you have reviewed the App Store Terms made available by Apple and that you shall comply with such terms.
This end-user license agreement was last updated on January 18, 2022.