EULA

END USER LICENSE AGREEMENT ("EULA")

"Play Attention"

UNIQUE LOGIC AND TECHNOLOGY, INC. 

1. NOTICE. READ THIS AGREEMENT CAREFULLY BEFORE INSTALLING, DOWNLOADING, COPYING OR USING THIS SOFTWARE. UL+T IS WILLING TO LICENSE THIS SOFTWARE TO YOU ONLY ON THE CONDITION THAT YOU ACCEPT ALL OF THE TERMS CONTAINED IN THIS SOFTWARE END USER LICENSE AGREEMENT. BY INSTALLING, DOWNLOADING, COPYING, OR USING THIS SOFTWARE, YOU ACCEPT AND AGREE TO BE BOUND BY THE TERMS OF THIS LICENSE AGREEMENT. IF YOU DO NOT ACCEPT THESE TERMS, PROMPTLY RETURN THE UNUSED SOFTWARE AND ALL ACCOMPANYING MATERIALS (INCLUDING PRINTED MATERIALS AND BINDERS OR OTHER CONTAINERS), ALONG WITH PROOF OF PAYMENT, TO THE SELLER FROM WHOM YOU OBTAINED IT FOR A FULL REFUND FOR THE PRICE YOU PAID.

2. OWNERSHIP AND LICENSE. 

a. This is a license agreement and NOT an agreement for sale. UL+T continues to own the copy of the computer programs, documentation, data and other content provided on the diskette contained in this package or in your software download, and all other copies that you are authorized by this Agreement to make (the "Software"). 

b. Your rights to use the Software are specified in this Agreement, and we retain all rights not expressly granted to you in this Agreement. Nothing in this Agreement constitutes a waiver of rights under U.S. or international copyright law or any other federal or state law.

c. The software is designed specifically for use with BodyWave® technology. Together, these elements constitute (the "System").  

3. PERMITTED USES. You are granted the following rights to the Software:

a. RIGHT TO INSTALL AND USE. You may install the software on multiple computers and use the Software in elementary and secondary schools, professional offices, such as psychologists, and by private individuals for home use. The Software is "installed" on a computer when it is placed on a computer's hard disk, CD-ROM, or other secondary storage device. The Software is "in use" on a computer when it is executed or loaded into the computer's RAM or other primary memory.

WINDOWS AND MAC USERS are licensed to install Play Attention on a single Windows user account or single MAC account. A Play Attention user must be logged into the specific Windows or MAC account that Play Attention was installed on in order to use Play Attention. Unique Logic and Technology, Inc. will only support installation on a single Windows or MAC user account.

Installing on an account and running Play Attention from another account may produce data loss.

Care should be taken to make sure that Play Attention is installed in the desired Windows or MAC account. For example, if you have three Windows accounts on your computer, John, Jane, and Jack, install Play Attention under the account where Play Attention will be used.

If two or more people in your location are using Play Attention, you may wish to install Play Attention in a parent's account or perhaps a new universal Windows or MAC account dedicated for Play Attention use. This applies to professional/educational installations as well.

b. The Software is licensed as a single unit, and its component programs may not be separated for use on different computers.

c. RIGHT TO COPY. You may copy the Software for back-up and archival purposes, provided that the original and each copy is kept in your possession and that your installation and use of the Software does not exceed that allowed in the "Right to install and Use" section above.

4. PROHIBITED USES. You may not, without written permission from us;

a. Use, copy, modify, merge, or transfer copies of the Software except as expressly authorized in this Agreement;

b. Use any back-up or archival copies of the Software (or allow someone else to use such copies) for any purpose other than to replace an original copy if it is destroyed or becomes defective;

c. Disassemble, de-compile or "unlock", reverse translate, or in any other manner decode the Software for any reason;

d. Place the Software onto a server so that it is accessible via a public network such as the Internet; or

e. Sublease, lease, or rent the Software.

f. Disassemble, reverse engineer, alter, modify, probe, analyze, or copy the BodyWave® technology or its firmware that constitute the System.

5. TRANSFER & PROTECTION OF PERSONAL DATA. Your Personal Data is not stored in the Cloud. All Personally Identifiable Information entered into the application by the User, including Names, Phone Numbers and Email Addresses are stored locally on the User's computer. Personally Identifiable Information is NEVER transmitted to the Cloud. 

You agree that session data stored on the Cloud may be accessed by Authorized Employees; Cloud Service Providers; and auditors who have a need to know or otherwise access Play Attention data and information to enable Play Attention Authorized Employees to perform data analysis or for the Service Provider to perform its obligations. No Play Attention data are ever sold, rented, distributed, or otherwise disclosed or made available for UL+T's own benefit.

In the event, you would like to transfer this License to a Third Party, please phone Technical Support at 828-676-2242 to procure permission for the transfer of the software.

6. LIMITATION OF LIABILITY. UL+T LIABILITY TO YOU FOR ANY LOSS SHALL BE LIMITED TO DIRECT DAMAGE AND SHALL NOT EXCEED THE AMOUNT YOU ORIGINALLY PAID FOR THE SOFTWARE. IN NO EVENT WILL UL+T BE LIABLE TO YOU FOR ANY INCIDENTAL, INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF PROFITS), EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

7. UNITED STATES GOVERNMENT RESTRICTED RIGHTS. This section applies to all acquisition of the Software by or for the federal government. By accepting delivery of the Software, the government hereby agrees that the Software qualifies as "commercial" computer software as that term is used in the acquisition regulation applicable to this procurement and that the government's use and disclosure of the Software is controlled by the terms and conditions of this Agreement to the maximum extent possible. This Agreement supersedes any contrary terms or conditions in a statement of work, contract, or other document that are not required by statute or regulation. If any provision of this Agreement is unacceptable to the government, Vendor may be contacted at Unique Logic and Technology, 360 Cane Creek Rd, Fletcher, NC 28732 or phone 828-676-2240. If any provision of this Agreement violates applicable federal law or does not meet the government's actual, minimum needs, the government agrees to return the unused Software for a full refund.

8. EXPORT CONTROLS. You acknowledge that the Software is subject to the export control laws and regulations of the United States and any amendments thereof. You agree that you will not directly or indirectly transfer the Software except in compliance with all applicable U.S. export laws and regulations.

9. TERMINATION. This Agreement is effective until terminated. You may terminate this Agreement at any time by destroying all copies of the Software in your possession or by returning all such copies to us. This Agreement and your right to use this Software automatically terminate if you fail to comply with any material provision of this Agreement. Your license to use this Software also terminates if you assign the Agreement to someone else. Upon termination, you must stop all use of the Software and must destroy any copies that remain in your possession. Otherwise, the restriction on your right to use the Software will end upon expiration of the copyright of the software.

10. MISCELLANEOUS PROVISIONS. This Agreement will be governed by and construed according to the substantive law of North Carolina. This is the entire agreement between us relating to the Software and supersedes any prior purchase order, communication, advertising, or representation concerning the Software, UL+T, reserves the right to change or modify any of the terms and/or procedures contained in this Agreement, at any time. Any such modification of this Agreement shall be effective upon the posting of such modification on the website (https://playattention.freshdesk.com/a/solutions/articles/13000026986). You are, therefore, responsible for regularly reviewing Terms & Conditions and any additional terms or notices posted on the website.