YOUR USE THE SOFTWARE, SERVICE AND WEBSITE ARE INTENDED FOR INFORMATIONAL PURPOSES ONLY, AND ARE NOT INTENDED FOR USE IN CONNECTION WITH THE DIAGNOSIS, PREVENTION, TREATMENT, OR CURE OF ANY MEDICAL CONDITION. EMOTIV DOES NOT ENDORSE ANY SUCH USAGE AND DISCLAIMS ANY AND ALL LIABILITY WITH RESPECT TO ANY SUCH USAGE.
IMPORTANT NOTE REGARDING CHILDREN. USE OF THE SOFTWARE, SERVICE OR WEBSITE BY PERSONS UNDER THE AGE OF 16 IS PROHIBITED. IF YOU ARE UNDER THE AGE OF 16, DO NOT USE THE SOFTWARE, SERVICE OR WEBSITE.
5. Scan Data. You retain ownership of the scan data (EEG data) collected by Your EPOC/+/Flex or Insight Brainwear device that You upload to the Service through use of the Software. You hereby grant EMOTIV a worldwide, non-exclusive, fully paid-up, royalty-free, irrevocable, perpetual license to: (i) use, reproduce, display, transmit, and prepare derivative works of Your scan data for purposes of providing the Service to You, for so long as You maintain Your Service user account; (ii) distribute Your scan data to third parties to whom You authorize such distribution, including third parties who operate research and other studies or programs; (iii) use, reproduce, display, transmit, distribute, perform, and otherwise exploit Your scan data, with the right to grant sublicenses, in any media formats and through any media channels where it is aggregated with scan data relating to other Service users such that You are not personally identified or identifiable; and (iv) use, reproduce, display, transmit, distribute, perform, and otherwise exploit Your scan data for scientific purposes. EMOTIV is the owner of all information, derivative metrics and data it adds to Your scan data, such as event timing markers and translational and/or predictive algorithms.
6. Third Party Programs. The Software and Service may facilitate Your participation (at Your option) in research and other studies or programs relating to scan data conducted by third parties, such as Your employer or the person or entity conducting the research, study or program. If You choose to participate, EMOTIV will disclose your personal information, including Your scan data relating to Your participation, to the applicable third party. Third parties may offer You compensation in connection with Your participation. You acknowledge and agree that EMOTIV only facilitates the transfer of information to You about the third parties' research, studies, or programs, the transfer of Your personal information to the third parties, and the payment of compensation between You and the third parties, and that EMOTIV does not conduct the research, studies, or programs or control the actions of the third parties, EMOTIV itself is not liable for any payments and EMOTIV has no liability to You relating to Your participation. Third party research, studies, and programs may be subject to additional terms and conditions required by the third party. EMOTIV recommends that You review and ensure You agree with any such terms and conditions before participating.
7. Third Party Software. If You access any Third Party Software, You hereby authorize EMOTIV to share all or certain portions of Your personal information, including scan data, with the applicable Third Party Software provider based on the terms and conditions (including the license tier and number of license seats) of EMOTIV's license agreement with that provider. In the event the provider fails to comply with any terms and conditions of the license agreement, EMOTIV has the right to cease sharing Your personal information with that provider, which may prevent the Third Party Software from functioning properly. "Third Party Software" means software developed by a third party using EMOTIV's software development kit, which relies on Your scan data to function, including but not limited to enterprise, consumer and free software applications.
10. Our Communications with You. You consent to receive communications from EMOTIV electronically. We will communicate with You by email or by posting notices on the Service. You agree that all agreements, notices, disclosures, and other communications that EMOTIV provides to You electronically satisfy any legal requirement that such communications be in writing.
Last Updated May 25, 2018