Compliance

Website Terms of Use

These terms and conditions of use (“Terms of Use”) comprise a legal agreement between Interaxon Inc. (“Company”) and you, the person accessing and using this website (“you”).  These Terms of Use set forth the legally binding terms and conditions for the use of the Company’s website at www.choosemuse.com, interaxon.ca, choosemuse.ca, professionals.choosemuse.com (collectively and individually, “Website”) that is owned, operated and maintained, directly or indirectly, by Company, and all other sites owned and operated by Company that redirect to the Website, all subdomains provided through such other site or the Website, and all downloadable applications, features, functionality, content or information that is made available or provided on this Website.

BY USING THE WEBSITE YOU ARE DEEMED TO HAVE READ AND ARE INDICATING YOUR ACCEPTANCE OF, AND YOU AGREE TO BE BOUND BY, THE TERMS AND CONDITIONS OF THESE TERMS OF USE WHICH SHALL GOVERN YOUR ACCESS AND USE OF THE WEBSITE.

IF YOU DO NOT AGREE WITH ONE OR MORE OF THESE TERMS OF USE YOU MAY NOT ACCESS OR USE THE WEBSITE AND MUST EXIT THE WEBSITE. IF YOU DON’T WISH TO USE THE SITE AND WISH TO ACQUIRE SOMETHING THAT IS ONLY AVAILABLE THROUGH THE SITE, PLEASE CONTACT CUSTOMER CARE AT CUSTOMERCARE@CHOOSEMUSE.COM TO MAKE ALTERNATIVE ARRANGEMENTS.

In consideration of the mutual promises and agreements contained in these Terms of Use and other good and valuable consideration (the receipt and sufficiency of which are hereby acknowledged), you and Company agree as follows:

1. Purpose and Website Services

The Website is made available to you for the purpose of providing you with information. From time to time, the Website may provide certain services, which may include, without limitation, the ability to acquire products (each a “Service”), which Services, and said acquired products, may be subject to the acceptance of the terms and conditions of use specific to that Service or product (“Service Terms”) and all other operating rules, policies, and procedures that may be published on the Website by Company from time to time and which will be made known to you prior to your use of any such Services. In the event of any inconsistency between these Terms of Use and any applicable Service Terms, these Terms of Use shall prevail, but only to the extent of such inconsistency. Company reserves the right to change the Website or change, eliminate or interrupt any of the Services.

2. Acceptance and Modification of Terms

The Website, Services and products acquired through the Website, are offered subject to acceptance of all of the terms and conditions contained in these Terms of Use. Company reserves the right to modify or replace the Terms of Use, including the sections 3 to 27, with or without notice to you, and recommends that you review the Terms of Use on a regular basis. You may access the current version of these Terms of Use at: http://choosemuse.com/legal. If Company makes a change to the Terms of Use, it will post the revised version at the link above. If you use the Website after the coming into effect of any such modification or replacement, you are deemed to have read and are indicating your acceptance of, and you agree to be bound by, the modified or replaced terms of use, which modified or replaced terms of use shall be the Terms of Use.

3. Void Where Prohibited

The Company operates the Website from Ontario, Canada. Although the Website is accessible worldwide, not all features, products and services discussed, referenced, provided or offered through or on the Website are available to all persons in all geographic locations, or appropriate for use outside Canada and the United States.  Company reserves the right to limit in its sole discretion, the provision and quantity of any feature, product or service to any person or geographic area. Any offer for any feature, product or service made on this Website is void where prohibited by law. If you choose to access the Website from anywhere other than the United States or Canada, you do so on your own initiative and you are solely responsible for complying with applicable laws.

4. Accounts and Passwords

To access and use certain features of the Website, you will need to create an account. As part of the process to create, register and maintain your account you must provide Company with certain current, complete, and accurate registration information, including your e-mail address and other data or information that has been requested by Company during the client account registration or renewal process (“Registration Data”). In these Terms of Use, “Personal Information” means any information about an identifiable individual, such as your name, e-mail address, mailing addresses, gender, date of birth, any data about you that you elect to provide electronically through the Website and any other information that identifies who you are. Registration Data and Personal Information will be used by Company solely in accordance with these Terms of Use and Company’s Privacy Policy (the “Privacy Policy”).

You agree that you will: (a) maintain and update such Registration Data as necessary in order to keep such information current, complete, and accurate; (b) maintain the confidentiality of any passwords or other account identifiers which you choose or that are assigned to you as a result of any registration or account creation with the Website: and (c) be responsible for all activities that occur under such password or account. Further, you agree to immediately notify Company of any unauthorized use of your password or account in the event that the confidentiality of your password or your account is compromised. Failure to comply with this paragraph may result in immediate termination of your account. Except if you reside in Québec, Company shall not be responsible or liable, directly or indirectly, in any way for any loss or damage of any kind incurred as a result of, or in connection with, your failure to comply with this section.

5. License

Company hereby grants you a limited, non-exclusive, personal, non-transferable, non-sub-licensable and revocable right and license to: (a) access the Website for the purpose of receiving the Services in accordance with these Terms of Use and (b) access, view and print any information and documentation (such as data sheets, knowledge base articles, and similar materials) purposely made available by Company for downloading from the Website, provided that you: (1) not remove any proprietary notice language in all copies of such documents; (2) use such information only for your personal, non-commercial informational purpose and do not copy or post such information on any networked computer or broadcast it in any media; and (3) make no modifications to any such information . Except for the limited licenses and rights expressly granted to you in the Terms of Use, these Terms of Use do not grant you any other right or license, whether express or implied, by estoppel, or otherwise in or under any patent, trademark, copyright, or other intellectual property or proprietary right of Company or any third party. Company may terminate this license at any time for any reason whatsoever.

6. Suspension and Termination of Access

Company may suspend or terminate your access to the Website immediately without prior notice and without further obligation or liability to you if, in Company’s sole discretion, it determines you have breached these Terms of Use. Company may also suspend your access to the Website or terminate these Terms of Use at any time without written notice to you for any reason whatsoever. If the Terms of Use are terminated for any reason, you are still bound by the Terms of Use as set out herein. Except if you reside in Québec, Company has no liability of any kind or any nature whatsoever to you solely by reason of any change, modification, suspension or discontinuance of the Website or any or all of the Services in accordance with its terms. Except if you reside in Québec, you agree that you shall not make any claim against Company, including with respect to any lost revenue, profits or opportunities as a result of such change, modification, suspension or discontinuance or on account of any expenditures made or actions taken in reliance on the expected continuation of the Website, the Services or these Terms of Use.

7. Content

All text, data, content, audio files, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork and computer code (collectively, “Content”), including but not limited to the design, layout, structure, selection, coordination, expression, “look and feel” and arrangement of such Content, contained on or available through the Website is owned, controlled or licensed by or to Company, and is protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws.

Except as expressly provided herein, no part of the Website and no Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including “mirroring”) to any other computer, server, Web site or other medium for publication or distribution or for any commercial enterprise, without Company’s express prior written consent.

 

The Website may include Content that is owned by third parties (“Third Party Content”). You agree that all of the terms and conditions of these Terms of Use relating to the Website apply to your access to and use of any Third Party Content and you further agree to comply with any terms and conditions that are specific to the Third Party Content, including the terms and conditions specified under these Terms of Use. Company is not responsible, and assumes no liability, for any Third Part Content.

If you make any information, data or content available to Company on or through the Website, including by contacting us, or providing comments or ideas about the Services or the Website (“User Content”), you are deemed to grant Company a non-exclusive, transferable, sub-licensable, irrevocable, royalty-free, perpetual, worldwide license to store, use, copy, reproduce, modify, adapt, edit, translate, publish, perform and display any such User Content that you make available on, through, or in connection with the Website without any payment or restriction. You are solely responsible and liable for any User Content you make available on or through the Website or that is made available using your Website account. If you make User Content available, you represent that you have the right to do so.

8. Use Restrictions

You agree that when using the Website you will not: (a) post or transmit any files which contain viruses, worms, Trojan horses or other code that manifests contaminating or destructive properties; (b) post or transmit data or content which violates or infringes any third party rights, is false, misleading or inaccurate or is injurious to a third party or defames, libels or disparages any third party; (c) except as expressly permitted by these Terms of Use, provide, disclose, sublicense, distribute, transfer, assign or otherwise permit any third party to access, use, read or otherwise gain access to the Website; (d) use the Website to provide the benefit of the use of your account, if any, to or for any other person; (e) to the maximum extent permitted by applicable law, interfere with or circumvent any copyright or other technical protection mechanism or reverse engineer, decompile, disassemble, or otherwise in any manner deconstruct all or any part of the Website or any software or technology or content forming part thereof; (f) post or transmit data which constitutes unsolicited or unauthorized advertising or promotional material or any junk mail, spam, or chain letters; (g) post or transmit data or content which would be considered a criminal offence, give rise to civil liability, or would otherwise violate the law; (h) use the Website or Services to harvest addresses, send spam or otherwise breach these Terms of Use or the Privacy Policy; (i) use any spider, robot or other automated or electronic agent to monitor or copy web pages or any content from the Website or for any other purpose in connection with your access to and use of the Website; (j) take any action or use any program or device that may result in or is intended to interfere with the operation and functioning of the Website or to shut down, overload or overwhelm the Website; or (k) copy, republish or redistribute any part of the Website, including by caching, framing or similar means, without the prior written consent of Company.

9. Personal Information

You agree that your use of the Website and the Services is subject to the terms of our Privacy Policy, which is hereby incorporated by reference into, and forms an integral part of, the Terms of Use. By agreeing to the Terms of Use or by using the Website, you expressly consent to the collection, storage, use and disclosure of your information, including your Personal Information, according to the Privacy Policy. You represent and warrant to Company that you are at least 18 years of age and that you have the full, unrestricted right and authority and have been fully authorized to provide to Company any and all Registration Data (including any Personal Information) for the purposes of these Terms of Use and that Company is authorized and permitted to use such data as and to the extent provided in these Terms of Use. 

10. Use of Cookies

You agree that Company has the right to monitor and review your use of the Website and Services from time to time, and to use “cookies”, “log files” and your “browsing data” in accordance with the Privacy Policy.

11. Subscription Fees and Charges

Your use of certain Services may be subject to subscription charges for those Services which are disclosed to you during your initial registration or renewal for such Services, and which are payable in accordance with the terms and conditions of special terms of use applicable to those Services.

12. Support

Company may in its discretion, without any obligation to do so and subject to the limitations of these Terms of Use (or as may be posted on the Website from time to time), provide you with troubleshooting support concerning your use of the Website and any Services.

13. Website and Services Provided “AS IS”

YOU UNDERSTAND AND AGREE THAT THE WEBSITE, THE SERVICES, ANY COMPANY CONTENT AND OTHER INFORMATION, DATA AND MATERIALS AVAILABLE ON THE WEBSITE OR PROVIDED AS PART OF THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND, EXCEPT TO THE EXTENT EXPRESSLY PROVIDED FOR HEREIN AND PERMITTED UNDER APPLICABLE LAW, COMPANY EXPRESSLY DISCLAIMS ALL REPRESENTATIONS OR WARRANTIES OR CONDITIONS OF ANY KIND OR NATURE WHATSOEVER, WHETHER EXPRESS OR IMPLIED, AND WHETHER ARISING BY STATUTE OR OTHERWISE IN LAW, FROM A COURSE OF DEALING OR USAGE OF TRADE, AND  INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OR CONDITIONS, ANY CONDITION OR WARRANTY OF MERCHANTABILITY, TITLE OR NON-INFRINGEMENT OF THIRD PARTIES RIGHTS AND ANY CONDITION OR WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE.

COMPANY DOES NOT OFFER ADVICE OR RECOMMENDATIONS CONCERNING INFORMATION OR DATA CONTAINED IN ANY SERVICES OR COMPANY CONTENT AND ANY ACTIONS TAKEN, OR FAILURES TO ACT, IN RELIANCE ON ANY COMPANY CONTENT (OR OTHERWISE ON THE SERVICES) BY YOU OR ANY OTHER PERSON IS YOUR SOLE RESPONSIBILITY AND LIABILITY.  COMPANY SPECIFICALLY MAKES NO REPRESENTATIONS OR WARRANTIES THAT THE WEBSITE OR ANY OF THE SERVICES  (INCLUDING THE PROVISION OF ANY COMPANY CONTENT) WILL BE ACCURATE, RELIABLE, COMPATIBLE WITH YOUR COMPUTER, OR COMPLETE OR WILL BE PROVIDED ON AN UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE BASIS OR THAT ANY ERRORS CAN OR WILL BE CORRECTED OR THAT ANY SERVICES, COMPANY CONTENT, DATA OR THE RESULTS DERIVED THEREFROM WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS OR THAT THE WEBSITE AND ITS SERVER ARE FREE OF COMPUTER VIRUSES AND OTHER HARMFUL ELEMENTS. 

YOU ACKNOWLEDGE THAT COMPANY DOES NOT CONTROL IN ANY RESPECT ANY INFORMATION, PRODUCTS, OR SERVICES OFFERED BY THIRD PARTIES ON OR THROUGH THE WEBSITE. EXCEPT AS OTHERWISE AGREED IN WRITING, COMPANY AND ITS AFFILIATES ASSUME NO RESPONSIBILITY FOR AND MAKE NO WARRANTY OR REPRESENTATION AS TO THE ACCURACY, CURRENCY, COMPLETENESS, RELIABILITY OR USEFULNESS OF CONTENT OR PRODUCTS DISTRIBUTED OR MADE AVAILABLE BY THIRD PARTIES THROUGH THE WEBSITE.

IF YOU ARE DISSATISFIED WITH THE WEBSITE, THE SERVICES OR WITH ANY OF THE TERMS, CONDITIONS, GUIDELINES, PRACTICES OR POLICIES OF COMPANY IN OPERATING THE WEBSITE AND IN PROVIDING THE SERVICES YOU AGREE THAT YOUR SOLE AND EXCLUSIVE REMEDY SHALL BE TO DISCONTINUE USING THE WEBSITE AND SERVICES.

14. Limitation of Liability

CONSUMER PROTECTION LAWS IN QUÉBEC PROHIBIT ANY STIPULATION THAT WOULD RELIEVE A MERCHANT FROM THE CONSEQUENCES OF HIS OR HER OWN ACTION. IF YOU ARE A QUÉBEC CONSUMER, THIS SECTION 14 DOES NOT APPLY TO THE EXTENT THAT IT WOULD RELIEVE THE COMPANY OR ITS REPRESENTATIVE(S) OF LIABILITY FOR ANY ACTION OF THE COMPANY.

UNDER NO CIRCUMSTANCES SHALL COMPANY, BE LIABLE TO YOU, OR TO ANY OTHER PARTY, FOR ANY LOSSES, COSTS OR DAMAGES OF ANY KIND OR NATURE WHATSOEVER THAT ARE SUFFERED OR INCURRED IN ANY CONNECTION WITH THE USE OF (OR THE INABILITY TO USE) THE WEBSITE, SERVICES, OR ANY COMPANY CONTENT OR THIRD PARTY CONTENT  (REGARDLESS OF THE FORM OF ACTION OR THEORY OF LIABILITY, INCLUDING FOR BREACH OF CONTRACT, TORT, NEGLIGENCE, EQUITY, STRICT LIABILITY, BY STATUTE OR OTHERWISE AND REGARDLESS OF THE OCCURRENCE OF A FUNDAMENTAL BREACH OR FAILURE OF ESSENTIAL PURPOSE) THAT EXCEEDS, IN THE AGGREGATE, ANY AMOUNTS THAT YOU HAVE PAID COMPANY IN RESPECT OF THE SERVICES IN THE 30 DAY PERIOD THAT IMMEDIATELY PRECEEDED THE DATE OF YOUR CLAIM.

IN NO EVENT WHATSOEVER SHALL ANY OF THE COMPANY, ITS DIRECTORS, OFFICERS, EMPLOYEES, SHAREHOLDERS, AFFILIATES, AGENTS AND THIRD-PARTY CONTRACTORS, SUPPLIERS AND LICENSORS (COLLECTIVELY THE “COMPANY PARTIES”) BE LIABLE FOR ANY SPECIAL, EXEMPLARY, PUNITIVE, CONSEQUENTIAL, INCIDENTAL OR INDIRECT DAMAGES OF ANY KIND OR NATURE WHATSOEVER THAT ARE SUFFERED OR INCURRED IN ANY CONNECTION WITH THE USE OF WEBSITE OR THE PROVISION OF THE SERVICES (INCLUDING IN ANY CONNECTION WITH THE TRANSMISSION OR DOWNLOADING OR STORAGE OF ANY DATA OR SUBMISSIONS TO OR FROM THE WEBSITE OR THE USE OF, OR RELIANCE ON, ANY COMPANY CONTENT OR OTHER INFORMATION OR DATA CONTAINED ON OR PROVIDED THROUGH THE WEBSITE OR SERVICES, OR LOSS OF OR DAMAGE TO FILES OR DATA OR ANY COSTS OF RECOVERING OR REPRODUCING ANY FILES OR DATA OR LOSS OF USE OR LACK OF AVAILABILITY OF SERVICES OR ANY BUSINESS INTERRUPTION OR LOSS OF REVENUE OR PROFIT OR ANY OTHER ECONOMIC LOSS WHATSOEVER) HOWEVER CAUSED AND REGARDLESS OF THE FORM OR CAUSE OF ACTION AND WHETHER OR NOT FORESEEABLE, EVEN IF THE COMPANY PARTIES OR ANY OF THEM HAS BEEN INFORMED IN ADVANCE OR OUGHT REASONABLY TO HAVE KNOWN OF THE POTENTIAL FOR SUCH DAMAGES.

THE ENTIRE RISK AS TO THE RESULTS AND PERFORMANCE AND USE OF THE WEBSITE, SERVICES AND ANY PROVIDED SUPPORT IS ASSUMED BY YOU.

Company shall not be liable for any failure to perform its obligations hereunder where the failure results from any cause beyond Company’s reasonable control, including, without limitation, mechanical, electronic, or communications failure or degradation.

The terms and conditions of these Terms of Use that limit liability reflect an informed voluntary allocation of risk; such allocation represents a material part of these Terms of Use. You agree that the limitations of liabilities set out in these Terms of Use are fair and reasonable in the circumstances.

15. Indemnity

Except if you reside in Québec, you agree to defend, indemnify, and hold harmless the Company Parties from and against any claims, actions, demands, losses, liabilities, damages, costs and expenses suffered by such persons, including without limitation, reasonable legal and accounting fees, alleging or resulting, directly or indirectly, from your: (a) breach of these Terms of Use; (b) access to the Website or use of the Services; and (c) provision of User Content, Registration Data or other disclosure to Company of any other information or data and the use of same by Company or other Company Party as contemplated hereunder.

16. Trade-marks 

All product, brand and company names, logos and registered or unregistered trade-marks, displayed on the Website or used in connection with the Services or products, including “INTERAXON”, “MUSE”, “THE BRAIN SENSING HEADBAND”, “MEDITATION MADE EASY”, “TAKE A BREATH”, “PERSONAL MEDITATION ASSISTANT” and all related branding elements, are the trade-marks of Company (or its suppliers, partner businesses or third party licensors, as applicable). Any use of any of the marks appearing on the Website or in connection with the Services or Company products without the express written consent of Company or the owner of the mark, as appropriate, is strictly prohibited.     

Company provides links on the Website to other websites or resources, including those operated by parties other than Company. These links are provided for your convenience and Company is not responsible for the availability of such websites or resources and does not endorse or accept responsibility for the content of such external websites or resources and has no responsibility for or control over the terms of use or privacy policy (if any) of the operators of the external websites or resources. Your access and viewing of any third party websites or resources is conducted at your own risk. You are strongly advised to check the terms of use and the privacy policies of these external websites or resources before making use of them.  You acknowledge that Company may remove any link to an external website or to resources at any time for any reason whatsoever.

17. Jurisdiction

CONSUMER PROTECTION LAWS IN QUÉBEC PROHIBIT ANY STIPULATION OF A LAW OTHER THAN THE LAWS OF QUÉBEC AND THE FEDERAL LAWS OF CANADA. IF YOU ARE A QUÉBEC CONSUMER, THE FOLLOWING PARAGRAPH DOES NOT APPLY.

The Website is administered by Company from a site that is located in Ontario, Canada. You acknowledge and agree that your use of the Website and all of the communications, transmissions and transactions associated with the Website and the provision of the Services shall be deemed to have occurred in the Province of Ontario, Canada. You agree that these Terms of Use shall be exclusively governed by, construed and interpreted in accordance with the laws of the Province of Ontario, Canada and those federal laws of Canada applicable therein and that the law of the Province of Ontario is the proper law. You irrevocably attorn to the exclusive jurisdiction of the Courts of the Province of Ontario in respect of all matters and disputes arising hereunder. The United Nations Convention on Contracts of the International Sale of Goods is expressly excluded.

You expressly agree that, in the event that there is a dispute under these Terms of Use and such dispute is to be resolved in a court of law, such dispute shall not be resolved by jury trial and you hereby waive any right to trial by jury.

18. Waiver

No delay or omission by Company to exercise any right or power it has under these Terms of Use or to object to the failure of any covenant of you to be performed in a timely and complete manner, shall impair any such right or power or be construed as a waiver of any succeeding breach or any other covenant. Any waivers by Company must be in writing and signed by an authorized representative of Company.

19. Entire Agreement

These Terms of Use, together with any applicable Service Terms, constitute the entire agreement between you and Company as it relates to the access to, and use of, the Website and Services and the subject matter of these Terms of Use and supersede all prior or contemporaneous agreements, negotiations, representations and proposals, written or oral between Company and you.

20. Interpretation

In these Terms of Use: (a) words denoting the singular include the plural and vice versa; (b) all usage of the word “including” means “including, without limitation,” throughout these Terms of Use; (c) all dollar amounts are expressed in Canadian currency unless expressly provided otherwise; (d) the division of these Terms of Use into separate sections, subsections and the insertion of headings is for convenience only and shall not affect the construction or interpretation of these Terms of Use; (e) words or abbreviations which have well-known or trade meanings are used herein in accordance with their recognized meanings; and (f) you and Company agree that these Terms of Use shall not be construed in favour of or against any party by reason of the extent to which any party or its professional advisors participated in the preparation of these Terms of Use.

21. Severability

If any provision of these Terms of Use is held by a court of competent jurisdiction to be invalid or unenforceable in any respect, then the remaining provisions of these Terms of Use, or the application of such provisions to persons or circumstances other than those as to which it is invalid or unenforceable shall not be affected thereby, and each such provision of these Terms of Use shall be valid and enforceable to the extent permitted by law. 

22. Electronic Communications

For contractual purposes, you consent to receive communications electronically from us and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. This condition does not affect your statutory rights related to electronic communications.

23. Conformance with Law

In addition to complying with these Terms of Use, you agree to use the Website and Services for lawful purposes only and in a manner consistent with all applicable local, national or international laws and regulations, including all privacy and personal information laws. The Website and any Services shall not be used where, and to any extent, such use is prohibited by law. Your use of the Website from any location is subject to your compliance with all applicable laws and regulations that may be applicable to you. You agree, and confirm, that your use of the Website is in full compliance with the laws of the jurisdiction(s) to which you are subject, and that you are not prohibited from using the Website due to any restriction whatsoever and that you have obtained all necessary consents and approvals required or reasonably necessary.

24. Termination

Company may terminate these Terms of Use and your use and access of the Website and/or Services if you fail to comply with any provision of these Terms of Use. To the extent permitted by applicable law, the disclaimers, limitations on liability, termination, interpretative provisions, and your warranties and indemnities shall survive any termination of these Terms of Use. Company shall not be required to refund to you any amounts prepaid, if any, for use of the Website or any Services if Company has terminated your account or your use of, or access to, the Website and/or any of the Services for breach of these Terms of Use. Notwithstanding anything to the contrary, Company may also terminate your access to the Website without notice at any time for any reason whatsoever, and any fees or charges paid by you in advance, if any, shall be refunded on a pro rata basis.

25. Contact / Notices

If you have any questions about the Terms of Use please contact us at CUSTOMERCARE@CHOOSEMUSE.COM If you need to provide any legal notice you should deliver the notice in person, by courier or by the mail, to Interaxon Inc. at Suite 303, 511 King Street West, Toronto, Ontario M5V 1K4 with a copy to Legal at Interaxon Inc Suite 303 511 King Street West, Toronto, Ontario M5V 1K4. Company may provide notices or communications to you on the Website, with any products, or through the Services, and you agree that such notices shall constitute notice to you whether or not you actually access the notice. 

26. Assignment

These Terms of Use are personal to you, and are not assignable, transferable, or sublicensable by you except with Company’s prior written consent. Company may assign, transfer, or delegate any of its rights and obligations hereunder without your consent.

© 2015 Interaxon Inc. All rights reserved.

Last updated:  September 8, 2015

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GENERAL TERMS OF SALE

This is a legal agreement between you (meaning you as an individual if acting on your own behalf, or the company that you represent if you are acting on behalf of such company) and InteraXon Inc. and/or its affiliates (“InteraXon”) with an office at 511 King Street West, Suite 303, Toronto, Ontario, Canada. By placing an order or making a purchase of Muse and accessories included in the packaging (“Muse”) from InteraXon’s websites (the “Site”), you agree to these terms of sale set out below, InteraXon’s Privacy Policy and any website terms of use (collectively “Terms”). These Terms may be updated by InteraXon from time to time, and it is your responsibility to review these Terms each time you make a purchase from the Site.

BY CLICKING ON THE BUTTON TO SUBMIT AN ORDER, OR BY OTHERWISE CONTINUING WITH THE PURCHASE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD AND AGREE TO BE BOUND BY THE TERMS AND CONDITIONS SET OUT BELOW. IF YOU DO NOT UNDERSTAND OR AGREE, YOU MUST NOT CLICK THE BUTTON TO SUBMIT AN ORDER.

1. ENGLISH ONLY

THE SOFTWARE, USER INFORMATION, USER INTERFACE, SUPPORT, COMMUNICATION AND AGREEMENTS, ARE ONLY PROVIDED IN ENGLISH. DO NOT USE THE MUSE OR OTHER INTERAXON PRODUCTS UNLESS YOU CAN FLUENTLY READ AND UNDERSTAND ENGLISH.

يتوفر كل من البرنامج، وبيانات المستخدم، وواجهة المستخدم، والدعم، والمراسلات والاتفاقيات باللغة الإنجليزية فقط. لا تستخدم الحزام الرأسي لاستشعار الموجات الدماغية (MUSE) أو غيره من منتجات إنتراكسون ما لم تكن تجيد قراءة وفهم اللغة الإنجليزية بطلاقة.

SOFTWAREN, BRUGEROPLYSNINGERNE, BRUGERGRÆNSEFLADEN, SUPPORT, KOMMUNIKATION OG AFTALER FINDES KUN PÅ ENGELSK. MUSE ELLER ANDRE INTERAXON-PRODUKTER MÅ IKKE BRUGES, MEDMINDRE DU KAN LÆSE OG FORSTÅ ENGELSK FLYDENDE.

DIE SOFTWARE, BENUTZERINFORMATIONEN, BENUTZEROBERFLÄCHE, DER SUPPORT, DIE KOMMUNIKATION UND VEREINBARUNGEN WERDEN NUR IN ENGLISCHER SPRACHE BEREITGESTELLT. SIE DÜRFEN DIE MUSE ODER ANDERE PRODUKTE VON INTERAXON NUR VERWENDEN, WENN SIE ENGLISCH FLIESSEND LESEN UND VERSTEHEN KÖNNEN.

ΤΟ ΛΟΓΙΣΜΙΚΟ, ΟΙ ΠΛΗΡΟΦΟΡΙΕΣ ΓΙΑ ΤΟ ΧΡΗΣΤΗ, Η ΔΙΕΠΑΦΗ ΤΟΥ ΧΡΗΣΤΗ, Η ΥΠΟΣΤΗΡΙΞΗ, Η ΕΠΙΚΟΙΝΩΝΙΑ ΚΑΙ ΟΙ ΣΥΜΦΩΝΙΕΣ ΠΑΡΕΧΟΝΤΑΙ ΜΟΝΟ ΣΤΑ ΑΓΓΛΙΚΑ. ΜΗΝ ΧΡΗΣΙΜΟΠΟΙΕΙΤΕ ΤΟ MUSE Ή ΑΛΛΑ ΠΡΟΙΟΝΤΑ ΤΗΣ INTERAXON ΕΚΤΟΣ ΕΑΝ ΜΠΟΡΕΙΤΕ ΝΑ ΔΙΑΒΑΣΕΤΕ ΜΕ ΕΥΧΕΡΕΙΑ ΚΑΙ ΝΑ ΑΤΑΝΟΗΣΕΤΕ ΤΗΝ ΑΓΓΛΙΚΗ ΓΛΩΣΣΑ.

EL SOFTWARE, LA INFORMACIÓN DEL USUARIO, LA INTERFAZ DEL USUARIO, EL SERVICIO TÉCNICO, LOS COMUNICADOS Y LOS CONTRATOS SOLO ESTÁN DISPONIBLES EN INGLÉS. NO UTILICE MUSE NI NINGÚN OTRO PRODUCTO DE INTERAXON A MENOS QUE PUEDA LEER Y COMPRENDER INGLÉS CON FLUIDEZ.

OHJELMISTO, KÄYTTÄJÄTIEDOT, KÄYTTÖLIITTYMÄ, TUKI, VIESTIT JA SOPIMUKSET OVAT SAATAVINA AINOASTAAN ENGLANNIKSI. ÄLÄ KÄYTÄ MUSEA TAI MUITA INTERAXON-TUOTTEITA, ELLET OSAA LUKEA SUJUVASTI TAI YMMÄRRÄ ENGLANTIA.

LE LOGICIEL, LES DONNÉES DE L’UTILISATEUR, L’INTERFACE UTILISATEUR, L’ASSISTANCE, LES COMMUNICATIONS ET LES CONTRATS SONT FOURNIS EN ANGLAIS UNIQUEMENT. N’UTILISEZ PAS LES PRODUITS MUSE OU LES AUTRES PRODUITS INTERAXON SI VOUS NE POUVEZ PAS LIRE NI COMPRENDRE L’ANGLAIS COURAMMENT.

התוכנה, מידע על המשתמש, ממשק המשתמש, תמיכה, תקשורת והסכמים, זמינים רק באנגלית. אין להשתמש ב-MUSE או במוצרים אחרים של INTERAXON אלא אם כן אתם קוראים ומבינים אנגלית היטב.

PERANGKAT LUNAK, INFORMASI PENGGUNA, ANTARMUKA PENGGUNA, DUKUNGAN, KOMUNIKASI DAN PERJANJIAN, HANYA DISEDIAKAN DALAM BAHASA INGGRIS. JANGAN GUNAKAN MUSE ATAU PRODUK INTERAXON LAINNYA KECUALI JIKA ANDA BISA MEMBACA DAN MEMAHAMI BAHASA INGGRIS DENGAN LANCAR.

本ソフトウェア、ユーザー情報、ユーザーインターフェース、サポート、コミュニケーションおよび契約書は英語 でのみ提供されます。英語を流暢に読み、理解することができない場合、MUSEまたはその他のINTERAXONの製 品を使用しないでください。

소프트웨어, 사용자 정보, 사용자 인터페이스, 지원, 커뮤니케이션 및 동의서는 영어로만 제공됩니다. 영어를 읽고 이해하는 데 어려움이 있으시다면 MUSE 또는 기타INTERAXON 제품을 사용하지 마십시오.

PERISIAN, MAKLUMAT PENGGUNA, ANTARA MUKA PENGGUNA, SOKONGAN, KOMUNIKASI DAN PERJANJIAN, HANYA DISEDIAKAN DALAM BAHASA INGGERIS. JANGAN GUNAKAN MUSE ATAU PRODUK INTERAXON YANG LAIN MELAINKAN ANDA BOLEH MEMBACA DAN MEMAHAMI INGGERIS DENGAN BAIK.

DE SOFTWARE, GEBRUIKERSINFORMATIE, GEBRUIKERSINTERFACE, SUPPORT, COMMUNICATIE EN OVEREENKOMSTEN, WORDEN UITSLUITEND IN HET ENGELS GELEVERD. GEBRUIK DE MUSE OF ANDERE INTERAXON PRODUCTEN NIET TENZIJ U VLOEIEND ENGELS KUNT LEZEN EN VERSTAAN.

PROGRAMVAREN, BRUKERINFORMASJON, BRUKERGRENSESNITT, BRUKERSTØTTE, KOMMUNIKASJON OG AVTALER, GIS KUN PÅ ENGELSK. IKKE BRUK MUSE ELLER ANDRE INTERAXON-PRODUKTER MED MINDRE DU KAN LESE OG FORSTÅ ENGELSK FLYTENDE.

O SOFTWARE, AS INFORMAÇÕES DO USUÁRIO, A INTERFACE DO USUÁRIO, O SUPORTE, AS COMUNICAÇÕES E OS CONTRATOS SÃO FORNECIDOS SOMENTE EM INGLÊS. NÃO USE O MUSE OU OUTROS PRODUTOS DA INTERAXON A NÃO SER QUE VOCÊ POSSA LER E COMPRENDER INGLÊS FLUENTEMENTE.

O SOFTWARE, A INFORMAÇÃO DO UTILIZADOR, A INTERFACE DO UTILIZADOR, O APOIO, AS COMUNICAÇÕES E ACORDOS, SÃO APENAS DISPONIBILIZADOS EM INGLÊS. NÃO UTILIZE O MUSE OU OUTROS PRODUTOS DA INTERAXON A MENOS QUE SAIBA LER E COMPREENDER INGLÊS FLUENTEMENTE.

PROGRAMUL, INTERFAŢA PENTRU UTILIZATOR, ASISTENŢA, COMUNICĂRILE ŞI CONTRACTELE SUNT FURNIZATE EXCLUSIV ÎN LIMBA ENGLEZĂ. NU UTILIZAŢI „THE MUSE” SAU ALTE PRODUSE INTERAXON DECÂT DACĂ AVEŢI CAPACITATEA DE A CITI ŞI ÎNŢELEGE LIMBA ENGLEZĂ ÎN MOD FLUENT.

ПРОГРАММНОЕ ОБЕСПЕЧЕНИЕ, ИНФОРМАЦИЯ ДЛЯ ПОЛЬЗОВАТЕЛЯ, ИНТЕРФЕЙС ПОЛЬЗОВАТЕЛЯ, ПОДДЕРЖКА, СВЯЗЬ И СОГЛАШЕНИЯ ПРЕДОСТАВЛЯЮТСЯ ТОЛЬКО НА АНГЛИЙСКОМ ЯЗЫКЕ. НЕ ИСПОЛЬЗУЙТЕ MUSE ИЛИ ДРУГИЕ ПРОДУКТЫ КОМПАНИИ INTERAXON, ЕСЛИ ВЫ НЕ МОЖЕТЕ СВОБОДНО

ЧИТАТЬ И ПОНИМАТЬ ПО-АНГЛИЙСКИ. PROGRAMVARAN, ANVÄNDARINFORMATION, ANVÄNDARGRÄNSSNITT, SUPPORT, KOMMUNIKATION OCH AVTAL

TILLHANDAHÅLLS ENDAST PÅ ENGELSKA. ANVÄND INTE MUSE ELLER ANDRA INTERAXON-PRODUKTER OM DU INTE KAN LÄSA OCH FÖRSTÅ ENGELSKA.

ซอฟต์แวร์ ข้อมูลผู้ใช้ อินเตอร์เฟซสําหรับผู้ใช้ การสนับสนุน การสื่อสารและข้อตกลงจัดให้ในภาษาอังกฤษเท่านั้น ห้ามใช้งาน MUSE หรือผลิตภัณฑ์ INTERAXON อื่นๆ เว้นแต่คุณสามารถอ่านและเข้าใจภาษาอังกฤษได้อย่างคล่องแคล่ว

YAZILIM, KULLANICI BİLGİLERİ, KULLANICI ARAYÜZÜ, DESTEK, İLETİŞİM VE ANLAŞMALAR SADECE İNGİLİZCE OLARAK SUNULMAKTADIR. İNGİLİZCEYİ İLERİ DÜZEYDE OKUYUP ANLAYAMIYORSANIZ, MUSE VEYA DİĞER INTERAXON ÜRÜNLERİNİ KULLANMAYIN.

ПРОГРАМНЕ ЗАБЕЗПЕЧЕННЯ, ІНФОРМАЦІЯ ДЛЯ КОРИСТУВАЧА, ІНТЕРФЕЙС КОРИСТУВАЧА, ПІДТРИМКА, ЗВ’ЯЗОК І УГОДИ НАДАЮТЬСЯ ТІЛЬКИ АНГЛІЙСЬКОЮ МОВОЮ. НЕ ВИКОРИСТОВУЙТЕ MUSE АБО ІНШІ ПРОДУКТИ КОМПАНІЇ INTERAXON, ЯКЩО ВИ НЕ МОЖЕТЕ ВІЛЬНО ЧИТАТИ АНГЛІЙСЬКОЮ МОВОЮ І РОЗУМІТИ

АНГЛІЙСЬКУ МОВУ. PHẦN MỀM, THÔNG TIN NGƯỜI SỬ DỤNG, GIAO DIỆN NGƯỜI SỬ DỤNG, HỖ TRỢ, LIÊN LẠC VÀ CÁC THỎA THUẬN CHỈ ĐƯỢC CUNG CẤP BẰNG TIẾNG ANH. KHÔNG NÊN SỬ DỤNG MUSE HOẶC CÁC SẢN PHẨM INTERAXON KHÁC TRỪ KHI BẠN CÓ THỂ ĐỌC VÀ HIỂU TIẾNG ANH THÀNH THẠO.

软件、用户信息、用户界面、支持、通信和协议,只提供英文版本。除非您能够流利地阅读和理解英语,否则不要使用 MUSE 或其他 INTERAXON 的产品。

本軟體、使用者資訊、使用者界面、支援、通訊和協議,只提供英文版本。除非閣下能流暢地閱讀和理解英文,否則請勿使 用 MUSE 或其他 INTERAXON 產品。

2. ORDERING

a. Application. These Terms will apply to all orders for Muse placed by you through the Site, or as otherwise referenced in a written agreement between you and InteraXon. You acknowledge that the information contained on the Site may contain technical inaccuracies or typographical errors. The Site, all content available on the Site, and all related communications are provided on an “AS IS” basis. We make no representations or warranties as to the completeness, accuracy, adequacy or reliability of any information contained on the Site.

b. Requirements. To place an order, you must:

i. provide up-to-date, complete and accurate registration information as requested by us on the Site, which may include

ii. provide up-to-date, complete and accurate credit card information for a credit card that is valid and legally registered to

iii. be at all times in compliance with the terms and conditions of these Terms and applicable law, including the requirement to be 18 years of age or older.

c. Accuracy. You specifically agree that InteraXon may rely on the accuracy of the information provided by you to InteraXon, and that InteraXon will have no liability whatsoever, whether to you or to any third party, for any claims or damages resulting from inaccurate information provided to InteraXon.

d. End User Sales Only. All products available through the Site are intended for end-user customers only. You may not purchase Muse for resale, and we reserve the right to refuse or cancel your order, or to deny you any return rights, if we suspect you are doing so.

3. DELIVERY AND SHIPPING

a. Acceptance Required. All orders are subject to acceptance by InteraXon, and any rejection of an order will be made in InteraXon’s sole discretion, regardless of whether the order was confirmed through the Site. If you have been charged for an order that is subsequently rejected by InteraXon, InteraXon will refund the amount of that order to your credit card.

b. Delivery Requirements. InteraXon will make reasonable efforts to accommodate your delivery requirements; however, delivery is subject to availability of resources at the time of order placement. InteraXon will therefore not be liable in any way for any delay or damage arising from InteraXon’s failure to meet your delivery requirements or any delivery dates.

c. Shipping Terms. All shipments will be made FCA InteraXon’s facilities (Incoterms 2010). Risk of loss for products will pass to you upon delivery to the carrier, and you are responsible for pursuing the carrier for any loss occurring in transit.

d. Check Order. You are responsible for examining all shipments promptly upon receipt. If you discover any shortages or incorrect products in the shipment, you must notify InteraXon immediately. Please check the order carefully, as no claim for shortages or deficiencies will be accepted by InteraXon after five (5) days from delivery of the products.

4. PRICING AND PAYMENT

a. Currency. All prices are in US dollars unless otherwise expressly stated in writing. Where you are making payment in a currency other than US dollars, the currency exchange rate that applies is the one in effect at the time your payment is processed, not the one that was in effect on the date that you placed your order. InteraXon reserves the right to change its standard prices without notice.

b. Prices. Prices are exclusive of, and you will pay: (a) all applicable federal, state, provincial and local taxes (including all applicable sales, use, consumption, goods and service, value added, and withholding taxes), unless you have provided InteraXon with an appropriate tax exemption certificate or number, and (b) all fees and charges related to customs, duties and brokerage. InteraXon may charge sales tax for sales of Muses through the Site. Any sales tax charged will be indicated during the checkout process.

c. Importer of Record. As you are the importer of record in the destination country, you are responsible for: (a) paying for all import fees such as import duties and customs taxes, and (b) ensuring that Muse can be lawfully imported, and to comply with all laws and regulations of the destination country. With respect to each item for which import fees have been calculated, you authorize us to designate a carrier (“Designated Carrier”) to act as your agent with the relevant customs and tax authorities in the destination country, to clear your merchandise, and, if applicable, process and remit your actual import fees for such item. Your order may include an estimate (“Import Fees Estimate”) of some or all of the import fees that will be levied on the items in your order for shipment. By placing your order, you agree to allow us to collect the Import Fees Estimate for the applicable items in your order. This amount will be used, on your behalf, to reimburse the Designated Carriers for the import fees that they have paid on your behalf to the appropriate authorities of the destination country. The Import Fees Estimate may or may not include customs duties. If they do not include customs duties, you will be responsible for making arrangements with the customs authorities for payment of duties. The Import Fees Estimate may be more or less than the final actual amount of import fees due and payable. We have no control over the import fees and cannot always predict with 100% accuracy what the final actual amounts may be. For greater certainty, you should contact your local customs office for further information on the import taxes and customs duties that may be applicable to your purchase. You agree and acknowledge that (a) the actual import fees may be more or less than the Import Fees Estimate and (b) you will NOT receive any refund in the case that the actual import fees differ from the Import Fees Estimate.

d. Credit Card. Where your credit card is rejected for any reason, you will be responsible for any fees and charges associated with such rejection, as well as interest on the amount owing. Interest will be the lesser of 1.5% per month or the maximum rate permitted by law, commencing on the date that your credit card was rejected. InteraXon may, in its sole discretion, delay shipment of, or cancel, your Muse order where your credit card is rejected.

5. 60 DAY MONEY BACK GUARANTEE

a. Subject to you complying with InteraXon’s return procedures, if purchased directly from InteraXon, any undamaged Muse may be returned to InteraXon provided you have used it for no more than sixty days from delivery and InteraXon receives it within seventy-five days from delivery. To return the Muse you must contact InteraXon to obtain a Return Material Authorization (RMA) number, shipping address, and instructions. You must: (i) ensure that the Muse is not damaged, (ii) comply with the requirements of this Section 5, (iii) provide proof of purchase, (iv) package the Muse in the original, unmarked packaging including, accessories, manuals, and documentation, (v) include the RMA number in the packaging, and (iv) prepay all shipping charges. Shipping fees, handling fees, and customs duties are at your expense and will not be refunded to you. InteraXon reserves the right to refuse or return Muses not sent in compliance with this Section 5 and charge you processing, shipping and handling charges.

b. Except for the return rights set out set out in Section 5.a., all sales are final and you have no right to return the Muse unless: (i) there is a defect that is covered under the warranty set out in Section 8, and (ii) you have complied with the return procedures set out in Section 8 of this Agreement.

6. TITLE, INTELLECTUAL PROPERTY, USE RESTRICTIONS AND LICENSE GRANTS

a. Title to Muse. Title to any Muse bought by you will pass to you upon your full payment for such Muse in accordance with Section 4.

b. Title to Software. Notwithstanding the foregoing, title to software will not pass to you, and you are hereby put on notice that your use of any InteraXon software supplied to you is governed by and subject to the end user license agreement as may be provided to you with the software. Such license terms may be included as a file with the software that you download for use with Muse. Use of any third party software will be governed by and subject to your agreeing to the terms of all applicable third party agreements and licenses respecting such third party software.

c. Intellectual Property Rights. You do not acquire any intellectual property or other proprietary rights under these Terms, including without limitation any right, title or interest in and to patents, copyrights, trade-marks, industrial designs, confidential information, or trade secrets, whether registered or unregistered, relating to InteraXon products, software or any part thereof. Your only rights to InteraXon products, software, or any part thereof will be those rights expressly licensed or granted to you under these Terms or in a separate, or other written agreement between you and InteraXon. Any rights not expressly granted under these Terms are reserved.

d. Restrictions/Representations.

Except to the extent expressly agreed upon in writing by you and InteraXon, you will not (and will not allow any third party to): (a) use Muse and the associated software for any purpose other than as authorized under the end user license agreement for the software; (b) remove or alter any copyright notice or any other notices that appear on Muse or the associated software, or modify or create derivative works thereof; (c) reverse engineer or attempt to discover any source code or underlying ideas or algorithms of Muse or any associated software (except to the extent that applicable law prohibits reverse engineering restrictions); (d) provide, lease, lend, sublicense, use for timesharing or otherwise use or allow the use of Muse or the associated software for the benefit of any third party; or (e) use Muse or any associated software, or allow the use, transfer, transmission, export, or re-export of Muse or any associated software or portion thereof in violation of any export control laws or regulations, or in violation of any laws or regulations. For the purposes of these Terms, “User Generated Content” means any text, feedback, ideas, suggestions, documents, proposals, photographs or other data and information you or anyone acting on your behalf submits through the online and mobile services made available by InteraXon from time- to-time, including, but not limited to certain websites, widgets, computer programs and mobile applications hosted by or on behalf of InteraXon (collectively, the “InteraXon Services”).You represent that your User Generated Content: (a) will not infringe any third party’s copyright, patent, trademark, trade secret or other proprietary rights, or rights of privacy; (b) will not violate any law, statute, ordinance or regulation; (c) will not be obscene or contain child pornography; and (d) will not be defamatory, unlawfully threatening or harassing, harmful to minors or others in any way, or otherwise offensive or inappropriate. You agree to indemnify, hold harmless and defend InteraXon, its service providers and its licensors from and against any claims or suits, including attorneys’ fees and expenses, which arise or result from any breach of this Section by you or by another who has access to or use of Muse, InteraXon Services, or User-Generated Content through you.

e. Personally Identifiable User Generated Data. For the purposes of these Terms, “Personally Identifiable User Generated Data” means User Generated Content that identities you. For example, InteraXon considers your picture, name, address, phone number, email address, and EEG data (commonly known as brainwaves) as Personally Identifiable User Generated Data. For clarity, Personally Identifiable User Generated Data does not include anonymized or aggregated data. You own your Personally Identifiable User Generated Data; we can’t use it without your consent. You grant to InteraXon a revocable, non-exclusive, worldwide, royalty-free license, to reproduce, distribute, transmit, publicly perform, publicly display, digitally perform, modify, create derivative works of, and otherwise use Personally Identifiable User Generated Data in any media now existing or developed in the future only so far as required to deliver InteraXon Services and products. You waive any rights of publicity, moral or other similar such right with respect to Personally Identifiable User Generated Data while used in accordance with the preceding sentence.

f. Non-Personally Identifiable User Generated Data. For the purposes of these Terms, “Non-Personally Identifiable User Generated Data” means all User Generated Content except for Personally Identifiable User Generated Data. You grant to InteraXon a perpetual, irrevocable, non-exclusive, worldwide, royalty-free license, with the right to sublicense, to reproduce, distribute, transmit, publicly perform, publicly display, digitally perform, modify, create derivative works of, and otherwise use and commercially exploit Non-Personally Identifiable User Generated Data in any media now existing or developed in the future. You waive any rights of publicity, moral or other similar such right with respect to the Non-Personally Identifiable User Generated Data that might require your permission for InteraXon to use such Non-Personally identifiable User Generated Content.

g. Third Party Equipment. You are responsible for the selection, implementation, and performance of any and all third party equipment used in connection with Muse, and for compliance with any licenses, conditions, laws, rules and/or regulations respecting the use of Muse and any equipment, services or software used in conjunction with Muse.

h. Compatibility. Before ordering Muse, you should check http://www.choosemuse.com/compatibility (or other InteraXon Services) to determine if Muse is designed to work with your smartphone or tablet. InteraXon assumes no responsibility with regard to the performance or use of your smart phone/tablet with Muse.

i. Permitted Age. InteraXon Services, software and products should only be used by individuals aged 16 years or older (“Permitted Age”). If the user is of the Permitted Age or older but under the age of 18, the user should review these Terms with the user’s parent or guardian to make sure that the parent or guardian understands these Terms.

j. Informational Purposes Only. Content generated or found through InteraXon Services or products is for informational purposes only and is not intended to replace the relationship between you and your physician or other health-care provider. InteraXon is not a licensed medical or health-care care provider and has no expertise in diagnosing, examining, or treating medical conditions of any kind.

7. CHANGES

a. Design. InteraXon reserves the right to make changes in the design of Muse and/or associated software without the obligation to make equivalent changes to products that have previously been supplied to you.

b. Orders. Except as expressly set forth in these Terms, you will not be entitled to change or cancel any order that has previously been accepted by InteraXon without the prior written agreement of InteraXon.

c. Software. Muse includes embedded software (firmware). InteraXon reserves the right, but has no obligation, to download updates to your Muse upon your Muse being connected to a computer with Internet capability, in order to maintain compatibility with InteraXon software associated with Muse, such as the InteraXon SDK.

8. LIMITED WARRANTIES, EXCLUSIONS AND SUPPORT BY INTERAXON

a. Statutory Protections. THE APPLICABLE LAWS OF SOME COUNTRIES MAY NOT ALLOW THE EXCLUSION OF IMPLIED GUARANTEES, ASSURANCES, CONDITIONS, WARRANTIES AND REPRESENTATIONS AND/OR THE LIMITATION OR EXCLUSION OF LIABILTY EITHER IN CONTRACTS OR IF YOU ARE A CONSUMER, AND AS SUCH, SOME OR ALL OF THESE EXCLUSIONS MAY NOT APPLY TO YOU, IN WHICH CASE THIS AGREEMENT DOES NOT AFFECT YOUR STATUTORY RIGHTS.

b. Limited Warranty. Muse is warranted by InteraXon to be free of defects in materials and workmanship, under normal use, for a period of one (1) year from the date of the original purchase of the new Muse (the “Warranty Period). This limited warranty excludes damage resulting from: (i) improper care or handling (including, without limitation, proximity to moisture or heat), (ii) accidents, (iii) modification, (iv) unauthorized repairs, (v) use of the Muse with accessories, products, services or software applications not expressly approved or provided by InteraXon, (vi) use of Muse in a manner contrary to, or not in accordance with, the documentation, guidelines or instructions provided by InteraXon, or (vii) other causes which are not defects in materials or workmanship of Muse. This warranty does not cover a used Muse, or a Muse marked as “sample” or sold “AS IS” and only extends to a new Muse purchased by you from InteraXon or an authorized InteraXon retailer. This warranty is a hardware only warranty that is limited to Muse and does not cover any software made available, shipped, pre-loaded, or distributed by InteraXon or any third party, even if the software is packaged or sold with the Muse, or available for Muse at a later time. Software license agreements apply to your use of software associated with Muse. The software license for InteraXon proprietary software to be used with the Muse is described in the applicable InteraXon end user license agreement. If there is a covered defect, InteraXon will repair or replace (with new or refurbished parts), Muse free of charge or issue a refund at its discretion. The Warranty Period for the repaired or replaced Muse will expire upon the expiration of the original Warranty Period (except to the extent InteraXon is expressly required by law to provide you a longer Warranty Period for the repaired or replaced Muse).

EXCEPT TO THE EXTENT EXPRESSLY SET OUT IN THIS SECTION 8.b, MUSE IS PROVIDED “AS IS AND WITH ALL FAULTS” AND INTERAXON DISCLAIMS ALL GUARANTEES, ASSURANCES, CONDITIONS, WARRANTIES AND REPRESENTATIONS, WHETHER EXPRESS OR IMPLIED, WITH RESPECT TO MUSE INCLUDING, BUT NOT LIMITED TO: THE WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON INFRINGEMENT OF THIRD PARTY RIGHTS; AND PROVISION OF OR FAILURE TO PROVIDE SUPPORT OR SERVICES, INFORMATION, SOFTWARE AND RELATED CONTENT THROUGH MUSE OR OTHERWISE ARISING OUT OF THE USE OF MUSE.

c. Liability Limitation. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, OTHER THAN LIABILITY FOR DEATH OR BODILY INJURY RESULTING FROM INTERAXON’S GROSS NEGLIGENCE, INTERAXON, ITS SERVICE PROVIDERS AND ITS LICENSORS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL LOSS OR DAMAGES WHATSOEVER (INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF USE OF PRODUCTS OR FUNCTIONALITY, BUSINESS INTERRUPTION, LOSS OR CURRUPTION OF INFORMATION (INCLUDING DATA) OR OTHER PECUNIARY LOSS) UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY FOR ANY CLAIMS ARISING FROM OR RELATED TO: (a) USE OF MUSE; OR (b) THE INABILITY TO USE OR THE NON-PERFORMANCE OF MUSE, IN ALL CASES WHETHER OR NOT SUCH DAMAGES WERE FORESEEN OR UNFORESEEN, EVEN IF INTERAXON HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FURTHER, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE AGGREGATE LIABILTY OF INTERAXON, ITS LICENSORS AND SERVICE PROVIDERS EXCEED THE NET PURCHASE PRICE PAID BY YOU FOR MUSE UNDER THIS AGREEMENT.

d. Basis of the Bargain; Exclusions. The disclaimers of warranties and limitations of liability set forth above are fundamental elements of the basis of the agreement between you and InteraXon. You understand and agree that InteraXon would not be able to economically or reasonably provide the Muse to you without these limitations.

e. Limited Warranty Claim Process. If your have a valid claim under Section 8.b. contact InteraXon through the contact details set out at http://www.choosemuse.com/contact-us to obtain a Return Material Authorization (RMA) number, shipping address and instructions. You must: (a) comply with the requirements of this Section 8, (b) provide proof of purchase, (c) package the Muse in the original, unmarked packaging including, accessories, manuals, and documentation, (d) include the RMA number in the packaging, (e) include a description of the problem, and (f) prepay all shipping charges. InteraXon reserves the right to refuse or return any Muse not sent in compliance with this Section 8. InteraXon recommends that you use a carrier that offers shipment tracking for all returns and either insure your package for safe return to InteraXon or declare the full value of the shipment so that you are protected if the shipment is lost or damaged in transit. You are fully responsible for the cost of shipping and any loss or damage during shipping.

f. Support. InteraXon will not be obligated to provide any support or maintenance services for Muse unless otherwise expressly agreed upon in writing by you and InteraXon. However, this provision does not relieve InteraXon of its warranty obligations described in Section 8.b. above.

9. CANCELLATION AND TERMINATION

a. Termination Rights. InteraXon may terminate these Terms upon written notice to you, and may also stop any products in transit to you and suspend the delivery of Muse to you without penalty, if: (a) you commit a material breach of these Terms and fail to remedy such breach within thirty (30) days of receiving notice of such breach, or (b) you become involved in any legal proceeding concerning your solvency, have a receiver or administrator appointed of any of your assets, cease or threaten to cease operations, or otherwise have a serious and reasonable doubt arise respecting your solvency. Except as otherwise specified in these Terms, neither party will be entitled to terminate or cancel these Terms except with the prior written consent of the other party.

b. Insolvency. Upon termination of these Terms for your breach or insolvency: (a) all of InteraXon’s performance obligations hereunder will immediately cease, (b) your license to use any software provided to you hereunder will immediately cease, and you will either return all such software to InteraXon or certify that such software has been destroyed, and (c) any payments then due to InteraXon become immediately payable in full.

10. ACCOUNTS AND USER CONDUCT

If InteraXon determines that any user is not using InteraXon Services responsibly, InteraXon has the right (but not the obligation) to remove, edit block or delete such user’s transmissions, User Generated Content, or use of the InteraXon Services. If InteraXon, in its sole discretion, believes that the user has engaged in or facilitated practices that: (i) are in breach of these Terms, (ii) are offensive, illegal or violate the rights of others or InteraXon, (iii) violate any terms of use or guidelines established by InteraXon, or (iv) could result in liability for InteraXon, then InteraXon has the right (but not the obligation), without notice, to terminate the user’s access to and/or use of all or a portion of InteraXon Services, or delete information posted or stored to the InteraXon Services. In addition, InteraXon reserves the right to limit the number of accounts that may be created from Muse and the number of Muse associated with an account. If InteraXon suspects that any registration data provided is inaccurate or incomplete, InteraXon may suspend or terminate the account without notice.

11. GENERAL

a. English Only. Do not order Muse or install, download or use the software unless you can fluently read and understand English. You acknowledge and represent that you have carefully reviewed these Terms and have sufficient understanding of the English language in order to fully understand the terms and conditions contained in these Terms and that you have no questions regarding the meaning or effect of any of these Terms. C’est la volonté expresse des parties que la présente convention ainsi que les documents qui s’y rattachent soient rédigés en anglais.

b. Physical Symptoms. In rare cases, people experience seizures or blackouts due to exposure to flashing lights and patterns created by the display of certain applications on mobile or other such similar devices used in conjunction with Muse. If you have done so, or have experienced any nausea, involuntary movements, tingling, numbness, vision issues while using such devices in the past, you should consult with your doctor before using similar applications and should immediately cease all such use of such applications should the symptoms reoccur. In any event you should avoid prolonged use of such applications to minimize any possible discomfort or fatigue, including any muscle, joint or eye strain and should closely monitor your children’s use of technology to avoid possible problems.

c. Privacy Policy. You acknowledge and agree that you have read the InteraXon Privacy Policy located at http://www.choosemuse.com/privacy (or otherwise made available through InteraXon Services) and consent to the handling and processing of your data as described in the InteraXon Privacy Policy.

d. Interpretation. If any provision, clause or term of these Terms is determined by a court of competent jurisdiction to be invalid or unenforceable, the invalidity or unenforceability of that provision, clause or term will not affect the validity or enforceability of the remaining provisions, clauses and terms or the validity or enforceability of that provision, clause or term in any other jurisdiction. If any provision of these Terms is declared by a court of competent jurisdiction to be invalid, illegal or unenforceable, such provisions shall be severed from the Terms for the purposes of that jurisdiction and the other provisions shall remain in full force and effect. No waiver by either party of a breach or omission by the other party under these Terms will be binding on the waiving party unless it is expressly made in writing and signed by the waiving party.

e. Other Terms. “Android,” “Google,” “Google Play” and “Nexus” are trademarks of Google Inc. The Bluetooth® word mark and logos are registered trademarks owned by Bluetooth SIG, Inc., and any use of such marks by InteraXon is under license. iPad, iPhone, and iPod are trademarks of Apple Inc., registered in the U.S. and other countries. Samsung, Galaxy S and Galaxy Tab are registered trademarks of Samsung Electronics Co., Ltd. Sony is a trademark or registered trademark of Sony Corporation. Xperia is a trademark or registered trademark of Sony Mobile Communications AB. LG is a registered trademark of LG Group and its related entities. Nook HD ®is a registered trademark of Fission LLC. All other trademarks and trade names are the property of their respective owners and other company and product names mentioned herein may be trademarks of their respective companies. “Made for iPod,” “Made for iPhone,” and “Made for iPad” mean that an electronic accessory has been designed to connect specifically to iPod, iPhone, or iPad, respectively, and has been certified by the developer to meet Apple performance standards. Apple is not responsible for the operation of this device or its compliance with safety and regulatory standards. Please note that the use of this accessory with iPod, iPhone, or iPad may affect wireless performance.

f. Governing Law. These Terms, and all Muse requirements, will be governed by, and construed in accordance with, the laws of the Province of Ontario, Canada for product purchased in Canada and in the event of a dispute, you agree to submit to the exclusive jurisdiction of the courts of Ontario in Toronto, Ontario. These Terms and Muse requirements will be governed and construed in accordance with the laws of the State of New York, for product purchased outside of Canada and in the event of a dispute, you agree to submit to the exclusive jurisdiction of the courts of New York in New York, New York. The United Nations Convention on Contracts of the International Sale of Goods is expressly excluded.

g. Survival. The provisions of these Terms that under a commercially reasonable interpretation reveal that the parties likely would have such provisions survive termination or expiration of these Terms, including without limitation, Sections 6, 7, 8, 9, 10 and 11 will survive the termination or expiration of this Terms.

h. Contact. If you have any questions or inquiries regarding these Terms or any order or purchase, please contact InteraXon through the contact details set out at http://www.choosemuse.com/contact-us. Please note that e-mail communications will not necessarily be secure, so please do not include credit card information or other sensitive information in your e-mail correspondence with us.

i. Electronic Communications. For contractual purposes, you consent to receive communications electronically from us and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. This condition does not affect your statutory rights related to electronic communications.

j. Entire Agreement. These Terms constitute the entire agreement between the parties and supersedes all previous agreements relating to the subject matter hereof. This Agreement may not be altered, amended, or modified except by a written instrument signed by the duly authorized representatives of both parties.

These Terms were last updated on March 7, 2014

Download the PDF here.

InteraXon Privacy Policy  

 

Introduction

Your privacy is important to InteraXon Inc. (a Canadian corporation with its head office in Ontario, Canada) and its affiliates (“InteraXon” or “we”) and we are committed to protecting the privacy of our customers. 

 Depending on the products, applications, services and programs you choose to access or participate in, InteraXon may collect information.  This Privacy Policy is intended to describe how such information may and may not be collected, stored, processed, transferred, disclosed and utilized. We may, from time-to-time, change our Privacy Policy by posting a new version of our Privacy Policy on our website. We will make reasonable efforts to notify our users of any such changes when they occur.

By providing information or data to InteraXon when: (i) using  online and mobile services provided by InteraXon from time-to-time, including, but not limited to certain websites, widgets, computer programs and mobile applications hosted by or on behalf of InteraXon (collectively, the “InteraXon Services”); (ii) acquiring InteraXon products or services, or (iii) agreeing to  particular terms or notices (“Notice”) associated with particular InteraXon Services, programs or products, you agree to the terms of this Privacy Policy and Notice and consent to the collection, use, processing, transfer, storage and disclosure of such information in accordance with the terms of this Privacy Policy and Notice, respectively.  The terms below apply unless you have agreed to the contrary through a Notice.

InteraXon will use current industry standard information security best practices to maintain the security of your sensitive information we collect from and on behalf of our customers. We will review these practices from time-to-time against new and emerging standards.   

We recognize that all data is not created equal, and some types of data are more sensitive than others. With that in mind, this Policy will outline the ways in which we will protect your privacy for each type of data.

Types of Data

Depending on which Interaxon Services, programs or products you choose to access or participate in, we may collect, process and/or store one or more of the following types of data about you:

  • Brainwave and Biometric Information
  • Personally Identifiable Information
  • Site, Service and Application Usage Information

Below we have defined each type of data and described our respective rights and obligations related to such data. 

Brainwave and Biometric Data

Definition

For the purposes of this Policy, ”Brainwave and Biometric” data is defined as:

Data collected by sensors in the Muse headband or other sensors (e.g. 3rd party heart rate monitors, fitness trackers, etc.). This would include the raw recordings from the sensors (in the case of the Muse headband, EEG data, commonly known as brainwaves) as well as any scores or performance data that are generated for you as part of your use of Interaxon Services.

Ownership & License

Brainwave and Biometric Data is the most sensitive data contemplated by this Policy. At Interaxon, it is our goal to be industry leaders in the protection of users’ Brainwave and Biometric Data. 

Your Brainwave and Biometric Data belongs to you, and you retain, at all times, complete ownership of all your Brainwave and Biometric Data collected during your use of Interaxon Services. 

For as long as your Brainwave and Biometric Data is stored as part of or as a result of your use of Interaxon Services, you grant us a limited, revocable, non-exclusive license to collect, process and store that data, only so far as is required to deliver you Interaxon Services. 

At any time, you can choose to remove your Brainwave and Biometric Data from Interaxon’s possession or control.  Our contact information is set out below.

We will process these requests within a reasonable amount of time, and upon removal of the information, we will have no further license to use your Brainwave and Biometric Data. 

Sensitivity

Interaxon considers this data to be highly sensitive.

Storage and Protection 

All Brainwave and Biometric Data will be anonymized before being stored in our cloud servers, and stored securely using security measures that meet or exceed industry standards for the protection of personally identifiable information.  

Brainwave and Biometric Data generated by use of InteraXon Services that is not anonymized will be available only to those personnel who we reasonably believe require access to such information to provide higher level technical support and troubleshooting services. 

Personally Identifying Information

Definition

For the purposes of this Policy, “Personally Identifying Information” is defined as:

Information that identifies you, such as your name, address, phone number and email address. 

Ownership & License

You retain complete ownership of all Personally Identifying Information collected during your use of Interaxon Services. 

You grant Interaxon a non-exclusive, limited license to collect, process and store this data for the purpose of providing Interaxon Services for as long as you continue to use them.

At any time, you may request the removal of your Personally Identifying Information from InteraXon’s possession or control.  These requests will be facilitated within a reasonable period of time.  You can also request to see what Personally Identifying Information InteraXon has stored on your behalf.  Our contact information is set out below.

Sensitivity

Interaxon considers this data to be highly sensitive.

Storage and Protection

 All Personally Identifying Information stored by us will be stored using security measures that meet or exceed industry standards for the protection of Personally Identifying Information. 

Personally Identifiable information will only be accessible to people we believe have a relevant need for that information for the purposes of product/service development, billing, quality, delivery, and/or management of our business/operations.  For example, customer contact and service details are available to personnel involved with service delivery and support.  

If required, customer contact information may be accessible on a limited basis to 3rd party service delivery personnel from organizations with whom InteraXon has engaged in a contractual relationship (which may include confidentiality agreements)   where InteraXon believes such access is reasonably required to deliver InteraXon products/services   (examples may include regional 3rd party hardware or software support personnel, or personnel providing repair, workshop or training services).  Other than as set forth herein, InteraXon does not share, rent, or sell Personally Identifying Information it collects about you to or with third parties.

Site, Service and Application Usage Information

Definition

For the purposes of this Policy, “Site, Service and Application Usage Information” is defined as:

Information that enables InteraXon to track site, service and application usage such as access date and time, the specific web and application service used, frequency and duration of access, and other users contacted or collaborated with via InteraXon Services.  

Sensitivity

Interaxon considers this data to be moderately sensitive.

Storage and Protection

Site, Service and Application Usage Information will only be accessible to people we believe have a relevant need for that information for the purposes of product/service development, billing, quality, delivery, and/or management of our business/operations.  For example, customer contact and service details are available to personnel involved with service delivery and support.

All Site, Service and Application Usage Information will be stored using security measures that meet or exceed industry standards for the protection of such information

Data stored on local devices

As part of the use of Interaxon Services, some or all of your data may be stored on your local device (for example your smartphone, tablet or computer) and/or uploaded to our cloud servers. We urge you to take measures to protect the information on your local devices, for instance via application password as well as any additional protection – such as local data encryption – optionally chosen by the user (offered on both Google® Android(™) and Apple® iOS(™) devices).   You also have the option of deleting locally stored data.

For more information on Apple IOS (iPhone / iPad) security, please see: https://www.apple.com/iphone/business/docs/iOS_Security_Oct12.pdf

For more information on Google Android security, please see: http://developer.android.com/guide/faq/security.html

Voluntary Research Programs

Developing new algorithms for the classification of brainwave data requires intense research. The most useful tool in advancing the science of brain-sensing technology is data from users like you.

While using Interaxon Services we may, from time to time, ask you to participate in research programs aimed at improving our understanding of the brain, developing new algorithms, improving our ability to deliver products and services, and/or advancing scientific research.

Participation in such programs is entirely voluntary, and the choice to participate will always be presented clearly. We will inform you, when presenting the choice, what types of data will be collected as part of the research program. 

Should you choose to participate in these programs, you grant InteraXon the right to use your de-identified data for internal research to improve our products and services and/or develop new products and services. You also grant Interaxon the right to combine your information with other information into an aggregate form, so your information no longer personally identifies you and to share such anonymized, aggregate data with specific 3rd parties of our choosing including without limitation, bona fide research organizations, scientists, investors and policy makers. 

You can choose at any time to withdraw your consent to participate in any voluntary research program. Should you withdraw your consent, your non-aggregated data will not be used in any future research or reports. However, Interaxon will retain the right to any reports or aggregate data generated during your participation in the programs.

Sharing with Other Users or on Social Media

When sharing your InteraXon data with other users via InteraXon Services, InteraXon will utilize a confirmation mechanism within the application or Notice to solicit and confirm your consent.  InteraXon cannot, of course, control information shared by you or someone else through channels such as email, chat or other social media.

Situations Requiring the Disclosure of Data

Notwithstanding anything to the contrary, InteraXon may disclose any data collected through Interaxon Services if required to do so by law or in the good faith belief that such action is necessary to: (i) confirm to applicable law or comply with legal process served on InteraXon or any InteraXon site, (ii) protect and defend the rights or property of InteraXon, or (iii) in urgent circumstances to protect the personal safety of users of InteraXon, InteraXon Services or the public.

Product Communications

Subject to compliance with applicable law, we may also send you product or service related communications, or invitations to participate in surveys, etc.  We ask that you read any Notice associated with such communication before you agree to participate. Also, InteraXon typically includes an unsubscribe mechanism in any InteraXon marketing or commercial communication, which you may use to notify us if you do not want to receive such communications.

Mergers and Acquisitions

If InteraXon should merge with another company, InteraXon will require, to the best of its ability, the purchasing or merging party to comply with the confidentiality and privacy requirements set forth herein respecting sensitive information collected through Interaxon Services.  Interaxon will make reasonable efforts to notify you of any such merger or acquisition, and any resulting changes to our Privacy Policy.

Contact

For any questions about this Privacy Policy please contact:

Privacy Officer
privacy@interaxon.ca

InteraXon
511 King St. W. Suite 303
Toronto, ON, M5V 1K4
+1 416-598-8989

Last update:  March 14 2014

Download the PDF here.

INTERAXON

END USER LICENSE AGREEMENT

PLEASE REVIEW THIS END USER LICENSE AGREEMENT (“EULA”) CAREFULLY. THIS EULA IS A BINDING LEGAL AGREEMENT BETWEEN INTERAXON INC. AND/OR ITS AFFILIATES ("INTERAXON") AND YOU AND, IF APPLICABLE, THE COMPANY OR OTHER LEGAL ENTITY YOU REPRESENT (COLLECTIVELY, "YOU") REGARDING THE SOFTWARE THAT YOU ARE INSTALLING, INCLUDING ANY FUTURE UPDATES, UPGRADES OR VERSIONS OF THE SOFTWARE, ACCOMPANYING DOCUMENTS, INFORMATION, MANUALS OR OTHER RELATED MATERIALS PROVIDED BY INTERAXON AS PART OF, OR IN CONNECTION WITH THE SOFTWARE (COLLECTIVELY, THE "SOFTWARE").

THIS SOFTWARE IS FOR INFORMATION PURPOSES ONLY AND IS NOT INTENDED TO BE USED FOR ANY OTHER PURPOSE, INCLUDING MEDICAL OR DIAGNOSTIC-RELATED PURPOSES.  

THE SOFTWARE, USER INFORMATION, USER INTERFACE, SUPPORT, COMMUNICATION AND AGREEMENT, ARE ONLY PROVIDED IN ENGLISH.  DO NOT USE THE MUSE OR OTHER INTERAXON PRODUCTS UNLESS YOU CAN FLUENTLY READ AND UNDERSTAND ENGLISH.  FURTHER, DO NOT INSTALL, DOWNLOAD OR USE THIS SOFTWARE UNLESS YOU CAN FLUENTLY READ AND UNDERSTAND ENGLISH. 

يتوفر كل من البرنامج، وبيانات المستخدم، وواجهة المستخدم، والدعم، والمراسلات والاتفاقيات باللغة الإنجليزية فقط.  لا تستخدم الحزام الرأسي لاستشعار الموجات الدماغية (MUSE) أو غيره من منتجات إنتراكسون ما لم تكن تجيد قراءة وفهم اللغة الإنجليزية بطلاقة.  

+   "إضافة إلى ذلك، لا تقم بتثبيت هذا البرنامج أو تنزيله أو استخدامه ما لم تكن تجيد قراءة وفهم اللغة الإنجليزية بطلاقة".

SOFTWAREN, BRUGEROPLYSNINGERNE, BRUGERGRÆNSEFLADEN, SUPPORT, KOMMUNIKATION OG AFTALER FINDES KUN PÅ ENGELSK.  MUSE ELLER ANDRE INTERAXON-PRODUKTER MÅ IKKE BRUGES, MEDMINDRE DU KAN LÆSE OG FORSTÅ ENGELSK FLYDENDE.  “DESUDEN MÅ DENNE SOFTWARE IKKE INSTALLERES, DOWNLOADES ELLER BRUGES, MEDMINDRE DU KAN LÆSE OG FORSTÅ ENGELSK FLYDENDE.”

DIE SOFTWARE, BENUTZERINFORMATIONEN, BENUTZEROBERFLÄCHE, DER SUPPORT, DIE KOMMUNIKATION UND VEREINBARUNGEN WERDEN NUR IN ENGLISCHER SPRACHE BEREITGESTELLT. SIE DÜRFEN DIE MUSE ODER ANDERE PRODUKTE VON INTERAXON NUR VERWENDEN, WENN SIE ENGLISCH FLIESSEND LESEN UND VERSTEHEN KÖNNEN. „DARÜBER HINAUS DÜRFEN SIE DIESE SOFTWARE NUR HERUNTERLADEN, INSTALLIEREN ODER VERWENDEN, WENN SIE ENGLISCH FLIESSEND LESEN UND VERSTEHEN KÖNNEN.“

ΤΟ ΛΟΓΙΣΜΙΚΟ, ΟΙ ΠΛΗΡΟΦΟΡΙΕΣ ΓΙΑ ΤΟ ΧΡΗΣΤΗ, Η ΔΙΕΠΑΦΗ ΤΟΥ ΧΡΗΣΤΗ, Η ΥΠΟΣΤΗΡΙΞΗ, Η ΕΠΙΚΟΙΝΩΝΙΑ ΚΑΙ ΟΙ ΣΥΜΦΩΝΙΕΣ ΠΑΡΕΧΟΝΤΑΙ ΜΟΝΟ ΣΤΑ ΑΓΓΛΙΚΑ. ΜΗΝ ΧΡΗΣΙΜΟΠΟΙΕΙΤΕ ΤΟ MUSE Ή ΑΛΛΑ ΠΡΟΙΟΝΤΑ ΤΗΣ INTERAXON ΕΚΤΟΣ ΕΑΝ ΜΠΟΡΕΙΤΕ ΝΑ ΔΙΑΒΑΣΕΤΕ ΜΕ ΕΥΧΕΡΕΙΑ ΚΑΙ ΝΑ ΚΑΤΑΝΟΗΣΕΤΕ ΤΗΝ ΑΓΓΛΙΚΗ ΓΛΩΣΣΑ. «ΕΠΙΠΛΕΟΝ, ΜΗΝ ΕΓΚΑΤΑΣΤΗΣΕΤΕ, ΛΑΒΕΤΕ ΑΠΟ ΤΟ ΔΙΑΔΙΚΤΥΟ Ή ΧΡΗΣΙΜΟΠΟΙΗΣΕΤΕ ΑΥΤΟ ΤΟ ΛΟΓΙΣΜΙΚΟ, ΕΚΤΟΣ ΕΑΝ ΜΠΟΡΕΙΤΕ ΝΑ ΔΙΑΒΑΣΕΤΕ ΜΕ ΕΥΧΕΡΕΙΑ ΚΑΙ ΝΑ ΚΑΤΑΝΟΗΣΕΤΕ ΤΗΝ ΑΓΓΛΙΚΗ ΓΛΩΣΣΑ.»

EL SOFTWARE, LA INFORMACIÓN DEL USUARIO, LA INTERFAZ DEL USUARIO, EL SERVICIO TÉCNICO, LOS COMUNICADOS Y LOS CONTRATOS SOLO ESTÁN DISPONIBLES EN INGLÉS. NO UTILICE MUSE NI NINGÚN OTRO PRODUCTO DE INTERAXON A MENOS QUE PUEDA LEER Y COMPRENDER INGLÉS CON FLUIDEZ. “ADEMÁS, NO INSTALE, DESCARGUE NI UTILICE ESTE SOFTWARE A MENOS QUE PUEDA LEER Y COMPRENDER INGLÉS CON FLUIDEZ”.

EL SOFTWARE, LA INFORMACIÓN PARA EL USUARIO, LA INTERFAZ DEL USUARIO, LA ASISTENCIA TÉCNICA, LOS COMUNICADOS Y LOS ACUERDOS, SE SUMINISTRAN SOLO EN INGLÉS. NO UTILICE MUSE NI OTROS PRODUCTOS INTERAXON A MENOS QUE PUEDA LEER Y COMPRENDER CON FLUIDEZ EL IDIOMA INGLÉS. “ADEMÁS, NO INSTALE, DESCARGUE NI UTILICE ESTE SOFTWARE A MENOS QUE PUEDA LEER Y COMPRENDER CON FLUIDEZ EL IDIOMA INGLÉS”.

OHJELMISTO, KÄYTTÄJÄTIEDOT, KÄYTTÖLIITTYMÄ, TUKI, VIESTIT JA SOPIMUKSET OVAT SAATAVINA AINOASTAAN ENGLANNIKSI. ÄLÄ KÄYTÄ MUSEA TAI MUITA INTERAXON-TUOTTEITA, ELLET OSAA LUKEA SUJUVASTI TAI YMMÄRRÄ ENGLANTIA.  ”ÄLÄ MYÖSKÄÄN ASENNA, LATAA TAI KÄYTÄ TÄTÄ OHJELMISTOA, ELLET OSAA LUKEA SUJUVASTI TAI YMMÄRRÄ ENGLANTIA.”

LE LOGICIEL, LES DONNÉES DE L’UTILISATEUR, L’INTERFACE UTILISATEUR, L’ASSISTANCE, LES COMMUNICATIONS ET LES CONTRATS SONT FOURNIS EN ANGLAIS UNIQUEMENT.  N’UTILISEZ PAS LES PRODUITS MUSE OU LES AUTRES PRODUITS INTERAXON SI VOUS NE POUVEZ PAS LIRE NI COMPRENDRE L’ANGLAIS COURAMMENT.   « PAR AILLEURS, ABSTENEZ-VOUS D’INSTALLER, DE TÉLÉCHARGER OU D’UTILISER CE LOGICIEL SI VOUS NE POUVEZ PAS LIRE NI COMPRENDRE L’ANGLAIS COURAMMENT. »

התוכנה, מידע על המשתמש, ממשק המשתמש, תמיכה, תקשורת והסכמים, זמינים רק באנגלית.   אין להשתמש ב-MUSE או במוצרים אחרים של INTERAXON אלא אם כן אתם קוראים ומבינים אנגלית היטב.  "לא רק זאת, אף זאת, אין להתקין או להוריד תוכנה זו, ואין לעשות בה שימוש, אלא אם כן אתם קוראים ומבינים אנגלית היטב."

PERANGKAT LUNAK, INFORMASI PENGGUNA, ANTARMUKA PENGGUNA, DUKUNGAN, KOMUNIKASI DAN PERJANJIAN, HANYA DISEDIAKAN DALAM BAHASA INGGRIS.  JANGAN GUNAKAN MUSE ATAU PRODUK INTERAXON LAINNYA KECUALI JIKA ANDA BISA MEMBACA DAN MEMAHAMI BAHASA INGGRIS DENGAN LANCAR.  “LEBIH LANJUT, JANGAN MEMASANG, MENGUNDUH ATAU MENGGUNAKAN PERANGKAT LUNAK INI KECUALI JIKA ANDA BISA MEMBACA DAN MEMAHAMI BAHASA INGGRIS DENGAN LANCAR.”

本ソフトウェア、ユーザー情報、ユーザーインターフェース、サポート、コミュニケーションおよび契約書は英語でのみ提供されます。英語を流暢に読み、理解することができない場合、MUSEまたはその他のINTERAXONの製品を使用しないでください。 「また、英語を流暢に読み、理解することができない場合、本ソフトウェアをインストール、ダウンロードまたは使用しないでください。」

소프트웨어, 사용자 정보, 사용자 인터페이스, 지원, 커뮤니케이션 및 동의서는 영어로만 제공됩니다.  영어를 읽고 이해하는 데 어려움이 있으시다면 MUSE 또는 기타 INTERAXON 제품을 사용하지 마십시오.  “또한 영어를 읽고 이해하는 데 어려움이 있으시다면 이 소프트웨어를 설치하거나, 다운로드하거나, 사용하지 마십시오.”

PERISIAN, MAKLUMAT PENGGUNA, ANTARA MUKA PENGGUNA, SOKONGAN, KOMUNIKASI DAN PERJANJIAN, HANYA DISEDIAKAN DALAM BAHASA INGGERIS.  JANGAN GUNAKAN MUSE ATAU PRODUK INTERAXON YANG LAIN MELAINKAN ANDA BOLEH MEMBACA DAN MEMAHAMI INGGERIS DENGAN BAIK.   "TAMBAHAN LAGI, JANGAN PASANG, MUAT TURUN ATAU MENGGUNAKAN PERISIAN INI MELAINKAN ANDA BOLEH MEMBACA DAN MEMAHAMI INGGERIS DENGAN BAIK."

DE SOFTWARE, GEBRUIKERSINFORMATIE, GEBRUIKERSINTERFACE, SUPPORT, COMMUNICATIE EN OVEREENKOMSTEN, WORDEN UITSLUITEND IN HET ENGELS GELEVERD. GEBRUIK DE MUSE OF ANDERE INTERAXON PRODUCTEN NIET TENZIJ U VLOEIEND ENGELS KUNT LEZEN EN VERSTAAN.  “NADERE KENNISGEVING, INSTALLEER, DOWNLOAD OF GEBRUIKE DEZE SOFTWARE NIET, TENZIJ U VLOEIEND ENGELS KUNT LEZEN EN VERSTAAN.”

PROGRAMVAREN, BRUKERINFORMASJON, BRUKERGRENSESNITT, BRUKERSTØTTE, KOMMUNIKASJON OG AVTALER, GIS KUN PÅ ENGELSK. IKKE BRUK MUSE ELLER ANDRE INTERAXON-PRODUKTER MED MINDRE DU KAN LESE OG FORSTÅ ENGELSK FLYTENDE. «VIDERE, IKKE INSTALLER, LAST NED ELLER BRUK DENNE PROGRAMVAREN MED MINDRE DU KAN LESE OG FORSTÅ ENGELSK FLYTENDE.»

INFORMACJE O OPROGRAMOWANIU, UŻYTKOWNIKU, INTERFEJSIE UŻYTKOWNIKA, WSPARCIU TECHNICZNYM, A TAKŻE WSZELKA KOMUNIKACJA I UMOWY DOSTĘPNE SĄ JEDYNIE W JĘZYKU ANGIELSKIM. UŻYTKOWNICY NIEZNAJĄCY JĘZYKA ANGIELSKIEGO W STOPNIU BIEGŁYM NIE POWINNI KORZYSTAĆ Z MUSE ANI INNYCH PRODUKTÓW FIRMY INTERAXON.„PONADTO UŻYTKOWNICY NIEZNAJĄCY JĘZYKA ANGIELSKIEGO W STOPNIU BIEGŁYM NIE POWINNI INSTALOWAĆ, POBIERAĆ ANI KORZYSTAĆ Z TEGO OPROGRAMOWANIA”.

O SOFTWARE, AS INFORMAÇÕES DO USUÁRIO, A INTERFACE DO USUÁRIO, O SUPORTE, AS COMUNICAÇÕES E OS CONTRATOS SÃO FORNECIDOS SOMENTE EM INGLÊS.  NÃO USE O MUSE OU OUTROS PRODUTOS DA INTERAXON A NÃO SER QUE VOCÊ POSSA LER E COMPRENDER INGLÊS FLUENTEMENTE.  “ALÉM DISSO, NÃO INSTALE, BAIXE OU USE ESTE SOFTWARE A NÃO SER VOCÊ POSSA LER E COMPRENDER INGLÊS FLUENTEMENTE”.

O SOFTWARE, A INFORMAÇÃO DO UTILIZADOR, A INTERFACE DO UTILIZADOR, O APOIO, AS COMUNICAÇÕES E ACORDOS, SÃO APENAS DISPONIBILIZADOS EM INGLÊS. NÃO UTILIZE O MUSE OU OUTROS PRODUTOS DA INTERAXON A MENOS QUE SAIBA LER E COMPREENDER INGLÊS FLUENTEMENTE. “ALÉM DISSO, NÃO INSTALE, TRANSFIRA OU UTILIZE ESTE SOFTWARE A MENOS QUE SAIBA LER E COMPREENDER INGLÊS FLUENTEMENTE.”

PROGRAMUL, INTERFAŢA PENTRU UTILIZATOR, ASISTENŢA, COMUNICĂRILE ŞI CONTRACTELE SUNT FURNIZATE EXCLUSIV ÎN LIMBA ENGLEZĂ. NU UTILIZAŢI „THE MUSE” SAU ALTE PRODUSE INTERAXON DECÂT DACĂ AVEŢI CAPACITATEA DE A CITI ŞI ÎNŢELEGE LIMBA ENGLEZĂ ÎN MOD FLUENT. „ÎN PLUS, NU INSTALAŢI, DESCĂRCAŢI SAU UTILIZAŢI ACEST PROGRAM DECÂT DACĂ AVEŢI CAPACITATEA DE A CITI ŞI ÎNŢELEGE LIMBA ENGLEZĂ ÎN MOD FLUENT.”

PROGRAMUL, INTERFAŢA PENTRU UTILIZATOR, ASISTENŢA, COMUNICĂRILE ŞI CONTRACTELE SUNT FURNIZATE EXCLUSIV ÎN LIMBA ENGLEZĂ. NU UTILIZAŢI „THE MUSE” SAU ALTE PRODUSE INTERAXON DECÂT DACĂ AVEŢI CAPACITATEA DE A CITI ŞI ÎNŢELEGE LIMBA ENGLEZĂ ÎN MOD FLUENT. „ÎN PLUS, NU INSTALAŢI, DESCĂRCAŢI SAU UTILIZAŢI ACEST PROGRAM DECÂT DACĂ AVEŢI CAPACITATEA DE A CITI ŞI ÎNŢELEGE LIMBA ENGLEZĂ ÎN MOD FLUENT.”

PROGRAMVARAN, ANVÄNDARINFORMATION, ANVÄNDARGRÄNSSNITT, SUPPORT, KOMMUNIKATION OCH AVTAL TILLHANDAHÅLLS ENDAST PÅ ENGELSKA. ANVÄND INTE MUSE ELLER ANDRA INTERAXON-PRODUKTER OM DU INTE KAN LÄSA OCH FÖRSTÅ ENGELSKA. ”DESSUTOM SKA DU INTE INSTALLERA, LADDA NER ELLER ANVÄNDA DENNA PROGRAMVARA OM DU INTE KAN LÄSA OCH FÖRSTÅ ENGELSKA.”

ซอฟต์แวร์ ข้อมูลผู้ใช้ อินเตอร์เฟซสำหรับผู้ใช้ การสนับสนุน การสื่อสารและข้อตกลงจัดให้ในภาษาอังกฤษเท่านั้น  ห้ามใช้งาน MUSE หรือผลิตภัณฑ์ INTERAXON อื่นๆ เว้นแต่คุณสามารถอ่านและเข้าใจภาษาอังกฤษได้อย่างคล่องแคล่ว  "นอกจากนี้ ห้ามติดตั้ง ดาวน์โหลดหรือใช้งานซอฟตืแวร์นี้ เว้นแต่คุณสามารถอ่านและเข้าใจภาษาอังกฤษได้อย่างคล่องแคล่ว"

YAZILIM, KULLANICI BİLGİLERİ, KULLANICI ARAYÜZÜ, DESTEK, İLETİŞİM VE ANLAŞMALAR SADECE İNGİLİZCE OLARAK SUNULMAKTADIR. İNGİLİZCEYİ İLERİ DÜZEYDE OKUYUP ANLAYAMIYORSANIZ, MUSE VEYA DİĞER INTERAXON ÜRÜNLERİNİ KULLANMAYIN. “İNGİLİZCEYİ İLERİ DÜZEYDE OKUYUP ANLAYAMIYORSANIZ, BU YAZILIMI KURMAYIN, İNDİRMEYİN VEYA KULLANMAYIN.”

ПРОГРАМНЕ ЗАБЕЗПЕЧЕННЯ, ІНФОРМАЦІЯ ДЛЯ КОРИСТУВАЧА, ІНТЕРФЕЙС КОРИСТУВАЧА, ПІДТРИМКА, ЗВ'ЯЗОК І УГОДИ НАДАЮТЬСЯ ТІЛЬКИ АНГЛІЙСЬКОЮ МОВОЮ. НЕ ВИКОРИСТОВУЙТЕ MUSE АБО ІНШІ ПРОДУКТИ КОМПАНІЇ INTERAXON, ЯКЩО ВИ НЕ МОЖЕТЕ ВІЛЬНО ЧИТАТИ АНГЛІЙСЬКОЮ МОВОЮ І РОЗУМІТИ АНГЛІЙСЬКУ МОВУ.  «БІЛЬШЕ ТОГО, НЕ ВСТАНОВЛЮЙТЕ, НЕ ЗАВАНТАЖУЙТЕ І НЕ ВИКОРИСТОВУЙТЕ ЦЕ ПРОГРАМНЕ ЗАБЕЗПЕЧЕННЯ, ЯКЩО ВИ НЕ МОЖЕТЕ ВІЛЬНО ЧИТАТИ АНГЛІЙСЬКОЮ МОВОЮ І РОЗУМІТИ АНГЛІЙСЬКУ МОВУ».

PHẦN MỀM, THÔNG TIN NGƯỜI SỬ DỤNG, GIAO DIỆN NGƯỜI SỬ DỤNG, HỖ TRỢ, LIÊN LẠC VÀ CÁC THỎA THUẬN CHỈ ĐƯỢC CUNG CẤP BẰNG TIẾNG ANH.  KHÔNG NÊN SỬ DỤNG MUSE HOẶC CÁC SẢN PHẨM INTERAXON KHÁC TRỪ KHI BẠN CÓ THỂ ĐỌC VÀ HIỂU TIẾNG ANH THÀNH THẠO.  "HƠN NỮA, KHÔNG NÊN CÀI ĐẶT, TẢI XUỐNG HOẶC SỬ DỤNG PHẦN MỀM NÀY TRỪ KHI BẠN CÓ THỂ ĐỌC VÀ HIỂU TIẾNG ANH THÀNH THẠO."

软件、用户信息、用户界面、支持、通信和协议,只提供英文版本。除非您能够流利地阅读和理解英语,否则不要使用 MUSE 或其他 INTERAXON 的产品。  “此外,除非您能够流利地阅读和理解英语,否则请勿安装、下载或使用此软件。”

本軟體、使用者資訊、使用者界面、支援、通訊和協議,只提供英文版本。除非閣下能流暢地閱讀和理解英文,否則請勿使用 MUSE 或其他 INTERAXON 產品。 「此外,除非閣下能流暢地閱讀和理解英文,否則請勿安裝,下載或使用本軟體。」

BY INSTALLING, DOWNLOADING, COPYING, ACCESSING OR USING THE SOFTWARE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD AND AGREE TO BE BOUND BY THE TERMS OF THIS EULA.  IF YOU DO NOT UNDERSTAND OR AGREE, YOU MUST NOT INSTALL, DOWNLOAD, COPY, ACCESS OR USE THE SOFTWARE.

  1. LICENSE GRANT AND RESTRICTIONS.
  1. License Grant. InteraXon grants you a limited personal, non-transferrable, non-sub-licensable, and non-exclusive license to install and use a single copy of the Software for your information and non-commercial use as part of the product or hardware supplied by or on behalf of InteraXon in which the Software is contained or for which it is provided (the ”License”).
  2. Restrictions Including User-Generated Content. You will not (and will not allow any third party to): (a) use the Software for any purpose other than as set out in the License grant above; (b) remove or alter any copyright notice or any other notices that appear on the Software, or modify or create derivative works of any Software; (c) reverse engineer or attempt to discover any source code or underlying ideas or algorithms of any Software (except to the extent that applicable law prohibits reverse engineering restrictions); (d) provide, lease, lend, sublicense, use for timesharing or otherwise use or allow the use of the Software for the benefit of any third party unless you take full responsibility for ensuring that anyone else using the Software will comply with the terms of this EULA; or (e) use any Software, or allow the use, transfer, transmission, export, or re-export of any Software or portion thereof in violation of any export control laws or regulations, or in violation of any laws or regulations. For the purposes of this EULA, “User Generated Content” means any text, feedback, ideas, suggestions, documents, proposals, photographs or other data and information you or anyone acting on your behalf submits through the online and mobile services made available by InteraXon from time- to-time, including, but not limited to certain websites, widgets, computer programs and mobile applications hosted by or on behalf of InteraXon (collectively, the "InteraXon Services"). You represent that your User Generated Content: (a) will not infringe any third party's copyright, patent, trademark, trade secret or other proprietary rights, or rights of privacy; (b) will not violate any law, statute, ordinance or regulation; (c) will not be obscene or contain child pornography; and (d) will not be defamatory, unlawfully threatening or harassing, harmful to minors or others in any way, or otherwise offensive or inappropriate. You agree to indemnify, hold harmless and defend InteraXon and its licensors from and against any claims or suits, including attorneys' fees and expenses, which arise or result from any breach of this Section by you or by another who has access to or use of the Software, InteraXon Services or User-Generated Content through you.  
  3. License Grant – Personally Identifiable User Generated Data.  For the purposes of this EULA, “Personally Identifiable User Generated Data” means User Generated Content that identities you. For example, InteraXon considers your picture, name, address, phone number, email address, and EEG data (commonly known as brainwaves) as Personally Identifiable User Generated Data. For clarity, Personally Identifiable User Generated Data does not include anonymized or aggregated data. You own your Personally Identifiable User Generated Data; we can’t use it without your consent. You grant to InteraXon a revocable, non-exclusive, worldwide, royalty-free license, to reproduce, distribute, transmit, publicly perform, publicly display, digitally perform, modify, create derivative works of, and otherwise use Personally Identifiable User Generated Data in any media now existing or developed in the future only so far as required to deliver InteraXon Services and products.  You waive any rights of publicity, moral or other similar such right with respect to Personally Identifiable User Generated Data while used in accordance with the preceding sentence.
  4. License Grant Non-Personally Identifiable User Generated Data). For the purposes of this EULA, Non-Personally Identifiable User Generated Data” means all User Generated Content except for Personally Identifiable User Generated Data.  You grant to InteraXon a perpetual, irrevocable, non-exclusive, worldwide, royalty-free license, with the right to sublicense, to reproduce, distribute, transmit, publicly perform, publicly display, digitally perform, modify, create derivative works of, and otherwise use and commercially exploit Non-Personally Identifiable User Generated Data in any media now existing or developed in the future.  You waive any rights of publicity, moral or other similar such right with respect to the Non-Personally Identifiable User Generated Data that might require your permission for InteraXon to use such Non-Personally identifiable User Generated Content.
  5. Intellectual Property. The Software is protected by copyright laws, international copyright, patents, trade secrets and other intellectual property rights. As between you and InteraXon, InteraXon retains all right, title, interest, ownership and intellectual property rights in and to the Software. The License confers no title or ownership in the Software and is not a sale of any rights in the Software. The License does not grant you any right to any enhancement or update to the Software. InteraXon reserves any and all rights not expressly granted to you. The Software may incorporate third party intellectual property or open source code.
  6. Permitted Age.  InteraXon Software and products are available for individuals aged 13 years or older or as otherwise required by the law of your country of residence (“Permitted Age”).  If you are of the Permitted Age or older but under the age of 18, you should review this EULA with your parent or guardian to make sure that you and your parent or guardian understand it.
  7. For Information Purposes Only. Content generated or found through InteraXon Services, Software, or products is for informational purposes only and is not intended to replace the relationship between you and your physician or other health-care provider. InteraXon is not a licensed medical or health-care care provider and has no expertise in diagnosing, examining, or treating medical conditions of any kind.
  8. Physical Symptoms.  In rare cases, people experience seizures or blackouts due to exposure to flashing lights and patterns created by the display of certain applications on mobile or other such similar devices used in conjunction with Muse.  If you have done so, or have experienced any nausea, involuntary movements, tingling, numbness, vision issues while using such devices in the past, you should consult with your doctor before using similar applications and should immediately cease all such use of such applications should the symptoms reoccur.  In any event you should avoid prolonged use of such applications to minimize any possible discomfort or fatigue, including any muscle, joint or eye strain and should closely monitor your children’s use of technology to avoid possible problems.  
  1. TERMINATION. This EULA is effective until terminated.  You may terminate this EULA at any time by uninstalling the Software and destroying all copies of the Software in your possession or control.  InteraXon may terminate this EULA immediately upon notice to you for any or no reason.  The EULA will terminate immediately without notice from InteraXon if you fail to comply with any provision of this EULA (including breach for nonpayment, if applicable). Upon termination of this EULA, you agree to immediately uninstall the software and destroy all copies of the software.
  2. LIMITED WARRANTIES BY INTERAXON.
  1. Statutory Protections.  THE APPLICABLE LAWS OF SOME COUNTRIES MAY NOT ALLOW THE EXCLUSION OF IMPLIED GUARANTEES, ASSURANCES, CONDITIONS, WARRANTIES AND REPRESENTATIONS AND/OR THE LIMITATION OR EXCLUSION OF LIABILTY EITHER IN CONTRACTS OR IF YOU ARE A CONSUMER, AND AS SUCH, SOME OR ALL OF THESE EXCLUSIONS MAY NOT APPLY TO YOU, IN WHICH CASE THIS AGREEMENT DOES NOT AFFECT YOUR STATUTORY RIGHTS.
  2. Limited Warranty. INTERAXON DOES NOT WARRANT THAT THE SOFTWARE IS ERROR FREE. THE SOFTWARE IS PROVIDED "AS IS" AND INTERAXON DISCLAIMS ALL GUARANTEES, ASSURANCES, CONDITIONS, WARRANTIES AND REPRESENTATIONS, WHETHER EXPRESS OR IMPLIED, WITH RESPECT TO THE SOFTWARE INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON INFRINGEMENT OF THIRD PARTY RIGHTS.
  3. Liability Limitation TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, OTHER THAN LIABILITY FOR DEATH OR BODILY INJURY RESULTING FROM INTERAXON’S GROSS NEGLIGENCE, INTERAXON, ITS SERVICE PROVIDERS AND ITS LICENSORS SHALL NOT BE LIABLE UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY FOR ANY CLAIMS ARISING FROM OR RELATED TO: (a) USE OF THE SOFTWARE; OR (b) THE INABILITY TO USE OR THE NON-PERFORMANCE OF THE SOFTWARE, IN ALL CASES WHETHER OR NOT SUCH DAMAGES WERE FORESEEN OR UNFORESEEN, EVEN IF INTERAXON HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  FURTHER, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE AGGREGATE LIABILTY OF INTERAXON, ITS LICENSORS AND SERVICE PROVIDERS EXCEED THE AMOUNT PAID BY YOU FOR THE SOFTWARE UNDER THIS AGREEMENT.
  4. Basis of the Bargain; Exclusions. The disclaimers of warranties and limitations of liability set forth above are fundamental elements of the basis of the agreement between you and InteraXon.  You understand and agree that InteraXon would not be able to economically or reasonably provide the Software to you without these limitations.  
  1. GENERAL.
  1. Governing Law.  This EULA will be governed and construed in accordance with the laws of the Province of Ontario, Canada for product acquired in Canada and in the event of a dispute, you agree to submit to the exclusive jurisdiction of the courts of Ontario in Toronto, Ontario.  This EULA will be governed and construed in accordance with the laws of the State of New York, for product acquired outside of Canada and in the event of a dispute, you agree to submit to the exclusive jurisdiction of the courts of New York in New York, New York.  The United Nations Convention on Contracts of the International Sale of Goods is expressly excluded.
  2. Privacy Policy. You acknowledge and agree that you have read the InteraXon Privacy Policy located at www.choosemuse.com/legal (or otherwise made available to you through InteraXon Services) and consent to the handling and processing of your data as described in the InteraXon Privacy Policy.  
  3. English Language. This EULA is and will only be provided in the English language. The Software, user information, user interface, support and communication, are only provided in English.  Do not use this Software or any InteraXon products unless you can fluently read and understand English.  Further, do not install, download or use this Software unless you can fluently read and understand English. You acknowledge and represent that you have carefully reviewed this EULA and have sufficient understanding of the English language in order to fully understand the terms and conditions contained in this EULA and that you have no questions regarding the meaning or effect of any of this EULA’s terms.
  4. Changes to EULA. InteraXon may change the terms and conditions of this EULA and recommends that you review them on a regular basis. You can review the most current version of this EULA at: www.choosemuse.com/legal or through the InteraXon Services If InteraXon makes a change to the terms, it will post the revised version at the link above. You agree that your continued use of the Software after this EULA has been changed means that you have agreed to the changed terms.
  5. Accounts and User Conduct. If InteraXon determines that any user is not using InteraXon Services responsibly, InteraXon has the right (but not the obligation) to remove, edit block or delete such user’s transmissions, User Generated Content, or use of the InteraXon Services. If InteraXon, in its sole discretion, believes that the user has engaged in or facilitated practices that:  (i) are in breach of this EULA, (ii) are offensive, illegal or violate the rights of others or InteraXon, (iii) violate any terms of use or guidelines established by InteraXon,  or (iv) could result in liability for InteraXon, then InteraXon has the right (but not the obligation), without notice, to terminate the user’s access to and/or use of all or a portion of InteraXon Services, or delete information posted or stored to the InteraXon Services. In addition, InteraXon reserves the right to limit the number of accounts that may be created from Muse and the number of Muse associated with an account. If InteraXon suspects that any registration data provided is inaccurate or incomplete, InteraXon may suspend or terminate the account without notice.

  1. Entire Agreement; Amendment. This EULA is the entire agreement with respect to this Software and supersedes any other agreements or discussions, oral or written.
  2. Interpretation. If any provision, clause or term of this EULA is determined by a court of competent jurisdiction to be invalid or unenforceable, the invalidity or unenforceability of that provision, clause or term will not affect the validity or enforceability of the remaining provisions, clauses and terms or the validity or enforceability of that provision, clause or term in any other jurisdiction.  If any provision of this EULA is declared by a court of competent jurisdiction to be invalid, illegal or unenforceable, such provisions shall be severed from the EULA for the purposes of that jurisdiction and the other provisions shall remain in full force and effect. No waiver by either party of a breach or omission by the other party to this EULA will be binding on the waiving party unless it is expressly made in writing by the waiving party.
  3. Survival. The provisions of this EULA that under a commercially reasonable interpretation reveal that the parties would have such provisions survive the termination of this EULA, including without limitation, Sections 1.2, 1.3, 1.4, 1.5, 2, 3, 4.1,  4.6, 4.7 and 4.9 will survive the termination of this EULA.
  4. Other Terms. Notwithstanding anything to the contrary contained herein, InteraXon and you acknowledge and agree to the following terms for the benefit of Apple Inc. and its subsidiaries and affiliates (collectively, “Apple”): (a) This EULA is between InteraXon and you only, and not with Apple, and as between InteraXon and Apple, InteraXon, not Apple, is solely responsible for the Software and the content thereof.  (b) This EULA does not provide for usage rules for Software that are less restrictive than the Usage Rules set forth for Software for applications in, or otherwise be in conflict with, the App Store Terms of Service as of the date of this EULA (which you acknowledge you have had the opportunity to review). To the extent the usage rules for Software under this EULA are less onerous than the Usage Rules set forth in App Store Terms of Service, the Usage Rules set forth in the App Store Terms of Service prevail.   (c) The license granted to you for the Software is a non-transferable license to use the Software on any iPhone or iPod touch that you own or control and as permitted by the Usage Rules set forth in the App Store Terms of Service. (d) As between InteraXon and Apple, InteraXon, and not Apple, is solely responsible for providing any maintenance and support services with respect to the Software, as specified in this EULA, or as required under applicable law. InteraXon and you acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Software. (e) As between InteraXon and Apple, Apple is solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed. In the event of any failure of the Software to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price paid by you for the Software to you; and that, to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Software, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be InteraXon’s sole responsibility. (f) InteraXon and you acknowledge that as between InteraXon and Apple, InteraXon, not Apple, is responsible for addressing any claims by you or any third party relating to the Software or your possession and/or use of that Software, including, but not limited to: (i) product liability claims; (ii) any claim that the Software fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation. This EULA does not limit InteraXon’s liability to you beyond what is permitted by applicable law. (g) InteraXon and you acknowledge that, in the event of any third party claim that the Software or your possession and use of that Software infringes that third party’s intellectual property rights, as between InteraXon and Apple, InteraXon, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim. (h) You represent and warrant that: (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties. (i) InteraXon and you acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of this EULA, and that, upon your acceptance of the terms and conditions of this EULA, Apple will have the right (and will be deemed to have accepted the right) to enforce this EULA against you as a third party beneficiary thereof. Android,” “Google,” “Google Play” and “Nexus” are trademarks of Google Inc. The Bluetooth® word mark and logos are registered trademarks owned by Bluetooth SIG, Inc., and any use of such marks by InteraXon is under license. iPad, iPhone, and iPod are trademarks of Apple Inc., registered in the U.S. and other countries. Samsung, Galaxy S and Galaxy Tab are registered trademarks of Samsung Electronics Co., Ltd. Sony is a trademark or registered trademark of Sony Corporation. Xperia is a trademark or registered trademark of Sony Mobile Communications AB. LG is a registered trademark of LG Group and its related entities. Nook HD ®is a registered trademark of Fission LLC. All other trademarks and trade names are the property of their respective owners and other company and product names mentioned herein may be trademarks of their respective companies.   “Made for iPod,” “Made for iPhone,” and “Made for iPad” mean that an electronic accessory has been designed to connect specifically to iPod, iPhone, or iPad, respectively, and has been certified by the developer to meet Apple performance standards. Apple is not responsible for the operation of this device or its compliance with safety and regulatory standards. Please note that the use of this accessory with iPod, iPhone, or iPad may affect wireless performance.
  5. If you have any questions or complaints relating to the Software, you may contact:

InteraXon Inc. 511 King Street West, Suite 303, Toronto, Ontario, Canada M5V 1K4 +1(416) 598-8989 or via: community@interaxon.ca

THIS EULA WAS LAST UPDATED ON October 26, 2016

Download the PDF here.

TERMS OF SERVICE FOR MUSE LAB FEATURES

THESE MUSE LAB FEATURES TERMS OF SERVICE LICENSE AGREEMENT (“AGREEMENT”) IS A LEGAL AGREEMENT BETWEEN INTERAXON INC. (“INTERAXON”) AND YOU (“YOU” or “YOUR”) DEFINED AS FOLLOWS: (A) INDIVIDUALLY IF YOU ARE AGREEING TO THIS AGREEMENT IN YOUR OWN CAPACITY, OR (B) IF YOU ARE AUTHORIZED TO JOIN MUSE LABS ON BEHALF OF A COMPANY OR ORGANIZATION, THE ENTITY FOR WHOSE BENEFIT YOU ACT, INCLUDING YOUR EMPLOYEES AND CONTRACTORS, AND MEMBERS OF YOUR ORGANIZATION, OR, (C) IF YOU ARE AN EDUCATIONAL INSTITUTION, THE INSTITUTION FOR WHOSE BENEFIT YOU ACT, INCLUDING YOUR FACULTY, STAFF AND REGISTERED STUDENTS. YOU MAY ONLY ACCESS OR USE MUSE LABS IF YOU DO SO IN COMPLIANCE WITH THIS AGREEMENT AND: (I) YOU ARE A MEMBER OF INTERAXON’S RESEARCH PROGRAM (IF AT ANYTIME YOU OPT OUT OF THE RESEARCH PROGRAM, YOU WILL BE TERMINATING THIS AGREEMENT AS WELL), AND (II) YOUR SOLE PURPOSE OF ENTERING INTO THIS AGREEMENT IS THAT YOU WANT TO TEST MUSE LAB FEATURES AND  PROVIDE FEEDBACK TO INTERAXON. BEFORE JOINING MUSE LABS , PLEASE CAREFULLY READ THIS AGREEMENT. BY CLICKING THE JOIN MUSE LABS BUTTON, ACTIVATING OR USING MUSE LABS, YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THIS AGREEMENT. IF, PRIOR TO ACTIVATING OR USING MUSE LABS, YOU DECIDE YOU ARE UNWILLING TO AGREE TO THE TERMS OF THIS AGREEMENT, YOU HAVE NO RIGHT TO USE MUSE LABS. IN THIS CASE, DO NOT ATTEMPT TO USE THE MUSE LABS BY ANY MEANS AND IF YOU HAVE ALREADY DONE SO, PROMPTLY CEASE ALL USE OF MUSE LABS.

1. Definitions.

Unless otherwise defined herein, the following capitalized terms used in this Agreement shall have the following meaning:

Confidential Information” means Muse Labs, and all technology, know-how, algorithms, testing procedures, software, structure, interfaces, specifications, reports, analysis and other technical information learned, accessed or derived by You pursuant to this Agreement or pursuant to Your use of or access to Muse Labs.  Without limiting the generality of the foregoing, InteraXon’s Confidential Information includes without limitation: (a) any test results relating to InteraXon’s software or products; (b) InteraXon software’s source code; and (c) technical specifications related to InteraXon’s software or products. Confidential Information does not include information that: (i) has become generally publicly known without any improper action or inaction; (ii) was in Your rightful possession without any obligation of confidentiality to any parties before having access to Muse Labs; or (iii) is independently developed by You without use of or access to the Confidential Information as shown by contemporaneous documentation.

Headband” means InteraXon’s proprietary device, commercially known and referred to as the Muse Headband, which comprises sensors which monitor, inter alia, the electrical activity in a person’s brain or a person’s muscle activity.

InteraXon” “we” or “us” means InteraXon Inc., a corporation incorporated under the laws of Canada with a principal place of business at 511 King Street West, Suite 303, Toronto, Ontario M5V 1K4.

InteraXon Privacy Policy” means InteraXon’s Privacy Policy in effect from time-to-time which is located at http://www.choosemuse.com/privacy/  (or otherwise available through an InteraXon website).

Muse Labs” means, collectively, games, algorithms, data visualizations, experiences and other materials and any updates to the foregoing that may be provided or made available to You by or on behalf of InteraXon pursuant to this Agreement. 

Updates” means updates, upgrades, modifications, enhancements, revisions, new releases or new versions to Muse Labs that InteraXon may make available to You in connection with this Agreement.

You” or “Your” shall have the meaning assigned to such term in the preamble to this Agreement.

2. Rights Granted

2.1

Subject to the terms and conditions set forth in this Agreement, InteraXon grants You a non-exclusive, revocable, non-sublicensable, non-transferable limited license to: install, reproduce and use a copy of the software in Muse Labs and to use Muse Labs solely internally by You and solely for the purpose of testing Muse Labs and providing feedback to InteraXon.

2.2

Limitations. Except as expressly set forth in this Agreement, You may not and will not permit or facilitate any other person to:

(a) modify, adapt, alter, edit, correct, translate, publish, sell, transfer, assign, convey, rent, lease, loan, pledge, sublicense, distribute, export, enhance, or create derivative works based upon Muse Labs, in whole or part, or otherwise grant or transfer rights to Muse Labs or the rights granted herein in any form or by any media (electronic, mechanical, photocopy, recording, or otherwise); or

(b) reverse engineer (except to the extent that applicable law prohibits reverse engineering restrictions), decompile, disassemble or otherwise attempt to reconstruct, identify or otherwise reduce Muse Labs to any human readable form or attempt to discover any source code, underlying ideas, techniques, or algorithms in Muse Labs, Headband or any software therein.

2.3

Intellectual Property Rights. You shall continually use Your best efforts to protect InteraXon’s  trade-marks, trade names, patents, copyrights, and other proprietary rights, but shall not initiate legal action against third parties for infringement thereof. In connection therewith. You shall promptly notify InteraXon of any infringement or improper or unauthorized use of which You have actual knowledge. Muse Labs and Headband and the product specifications are copyrighted and as between You and InteraXon, title to all copies is retained by InteraXon.  You shall not alter, remove, cover or otherwise obscure any copyright notices, trade mark notices and any other intellectual property rights attaching to, displayed on or within Muse Labs or any software or documentation relating thereto.

2.4

English Language. This Agreement is and will only be provided in the English language. Muse Labs, user information, user interface, support and communication, are only provided in English.  Do not use Muse Labs, the Headband or any InteraXon products unless You can fluently read and understand English.  Further, do not install, download or use Muse Labs unless You can fluently read and understand English. You acknowledge and represent that You have carefully reviewed this Agreement and have sufficient understanding of the English language in order to fully understand the terms and conditions contained in this Agreement and that You have no questions regarding the meaning or effect of any of the terms, provisions or conditions of this Agreement.

3. Acknowledgment, Waiver and Consent

The Headband and other software in Muse Labs may not function as indented or expected as they are experimental, and may break, change or disappear at anytime. If You choose to use Muse Labs: (i) You assume all risk of harm or loss associated with Your use of  Muse Labs; (ii) You consent to the recording of Your access and use of Muse Labs and the sharing of the data associated with those sessions in accordance with the InteraXon Privacy Policy; and (iii) You agree that data from your sessions will not show up on Your session history or count toward your overall points totals.

4. Ownership and Confidentiality

4.1

You agree that all right, title and interest in and to Muse Labs or Headband, in whole or in part, and  all patent, copyright, trade-marks, trade secret and all other intellectual and industrial property rights therein and the structure, sequence and organization of same, and the media on which such material is contained shall, between You and InteraXon, belong to InteraXon. Your sole rights thereto shall be only those rights granted by InteraXon under this Agreement.  You agree and acknowledge that InteraXon has and reserves the exclusive, world-wide right in perpetuity to protect Muse Labs and Headband and all product specifications and any part thereof, under any laws for the protection of intellectual and industrial property, including without limitation, trade secrets, trademarks, copyrights, industrial designs and patents.

4.2

You shall treat the Confidential Information in strict confidence and shall not disclose, transfer, copy, reproduce, electronically transmit, store or maintain, remanufacture or in any way duplicate all, or any part of, the Confidential Information except in accordance with the terms and conditions of this Agreement.  You shall be directly liable for the acts or omissions of Your employees, agents, contractors and other authorized parties with respect to such confidentiality obligations.  You agree to protect the Confidential Information with the same standard of care and procedures which You use to protect Your own trade secrets, proprietary information and other confidential information and, in any case, not less than a reasonable standard of care.

5. Feedback

You may (but are not required to) provide feedback, comments and suggestions, including in respect of or concerning any improvements, errors, modifications, corrections, enhancements or derivatives (collectively, “Feedback“) to InteraXon concerning Muse Labs, the Headband or any other intellectual property of InteraXon. You hereby grant to InteraXon a non-exclusive, perpetual, irrevocable, paid-up, transferable, sub-licensable, worldwide license under all intellectual property rights covering such Feedback to use, disclose and exploit all such Feedback for any purpose. InteraXon may develop technology, modifications, corrections, enhancements, derivatives or extensions (collectively, “Improvements”), and further may also develop branding elements based on such Feedback, and such Improvements and branding elements, and any intellectual property rights therein, as well as any related intellectual property registrations, shall be owned exclusively by InteraXon. You agree to execute such further documents and instruments as may be required to confirm such ownership by InteraXon. You represent that the Feedback: (i) will not infringe any third party’s copyright, patent, trademark, trade secret or other proprietary rights, or rights of privacy; (ii) will not violate any law, statute, ordinance or regulation; (iii) will not be obscene or contain child pornography; and (iv) will not be defamatory, unlawfully threatening or harassing, harmful to minors or others in any way, or otherwise offensive or inappropriate.

6. Privacy Policy

You acknowledge and agree that you have read the InteraXon Privacy Policy and consent to the handling and processing of your data as described in the InteraXon Privacy Policy. You further acknowledge and agree that by entering into this Agreement you are participating in a voluntary research program as contemplated in the InteraXon Privacy Policy and that you consent to the access and sharing of data from Your sessions in accordance with the InteraXon Privacy Policy. 

7. Amendments 

InteraXon reserves the right to change, amend or modify the terms of this Agreement or Muse Labs from time to time. In such instance, You may be required to accept and agree to the new terms of this Agreement. If You do not agree to any such new terms, You must cease or terminate Your use of Muse Labs. Your continued use of  Muse Labs after any modification to any of the terms of this Agreement shall be deemed to constitute Your acceptance of any such new terms, conditions or modifications. 

8. Term and Termination

8.1

Term. This Agreement will commence upon acceptance of the terms hereof and shall continue until terminated in accordance with the terms of this Agreement.

8.2

Termination by You. You may terminate this Agreement by ceasing to participate in InteraXon’s Research Program or by disabling Muse Labs in the application settings.   

8.3

Termination by InteraXon for convenience. InteraXon may, at any time and for any reason, terminate this Agreement with You by providing You a thirty (30) day prior written notice.

8.4

Termination by InteraXon for default. InteraXon may forthwith terminate this Agreement with You by providing notice of termination in the event You breach any of the terms and conditions of this Agreement. 

8.5

Effect of Termination. Upon termination of this Agreement, all rights granted to You under this Agreement will immediately terminate and You must immediately cease all use and destroy all copies of Muse Labs and erase and destroy all copies of InteraXon’s Confidential Information in Your possession, custody or control.

9. Indemnification.

You agree to indemnify, hold harmless and defend InteraXon and its affiliates and their respective officers, directors, employees, agents, and representatives harmless from any and all judgments, awards, settlements, liabilities, damages, costs, penalties, fines and other expenses (including court costs and reasonable legal fees) incurred by them arising out of or relating to any claim (a) (a) based upon Your negligence or willful misconduct or, (b) based on or arising out any breach or alleged breach of Your representations, warranties, and covenants under this Agreement. 

10. Warranty Disclaimer.

(a) EXCEPT AS EXPRESSLY STATED IN THIS AGREEMENT, MUSE LABS AND ANY TOOLS AND DOCUMENTATION ARE PROVIDED TO YOU ON AN “AS IS“ BASIS AND THERE ARE NO WARRANTIES, REPRESENTATIONS OR CONDITIONS, EXPRESS OR IMPLIED, WRITTEN OR ORAL, ARISING BY STATUTE, OPERATION OF LAW OR OTHERWISE, REGARDING MUSE LABS OR ANY TOOLS OR ANY OTHER PRODUCT OR SERVICE PROVIDED HEREUNDER OR IN CONNECTION HEREWITH.

(b) INTERAXON DISCLAIMS ANY IMPLIED WARRANTY OR CONDITION OF MERCHANTABLE QUALITY, MERCHANTABILITY, FUNCTIONALITY, DURABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

(c) INTERAXON DOES NOT WARRANT THAT MUSE LABS WILL MEET YOUR REQUIREMENTS OR THAT ITS OPERATION WILL BE UNINTERRUPTED,  ERROR FREE OR SECURE BEYOND WHAT IS OTHERWISE WARRANTED HEREIN OR THAT ALL CONTENT OR DATA DELIVERED UNDER THIS AGREEMENT OR THROUGH USE OF MUSE LABS WILL BE APPROPRIATE OR APPLICABLE TO YOUR USE. INTERAXON DISCLAIMS ANY LIABILITY FOR ANY CONSEQUENCES DUE TO USE, MISUSE OR INTERPRETATION OF INFORMATION CONTAINED, OR NOT CONTAINED, IN MUSE LABS OR ANY TOOLS OR INTELLECTUAL PROPERTY.

11. Limitation of Liability.

EXCEPT AS OTHERWISE EXPRESSLY STATED IN THIS AGREEMENT, INTERAXON SHALL NOT BE LIABLE TO YOU OR ANY PARTY MAKING A CLAIM AGAINST INTERAXON THROUGH YOU FOR SPECIAL, INCIDENTAL, PUNITIVE, CONSEQUENTIAL OR INDIRECT DAMAGES OR LOSS (INCLUDING DEATH AND PERSONAL INJURY), IRRESPECTIVE OF THEIR CAUSE, NOTWITHSTANDING THAT A PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE, NOR FOR ANY CLAIMS FOR SUCH LOSS OR DAMAGE INSTITUTED AGAINST A PARTY OR ITS CUSTOMERS BY ANY THIRD PARTY.  WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, INTERAXON ASSUMES NO LIABILITY FOR ANY LOSS OF: USE, DATA, OR THE PROVISION OF INCORRECT DATA, INCOME, BUSINESS, PROFIT, ANTICIPATED REVENUE OR ANY OTHER COMMERCIAL OR ECONOMIC LOSS (EVEN IF INTERAXON HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS). IN NO EVENT SHALL INTERAXON’S  LIABILITY TO ANY PERSON OR ENTITY, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EXCEED THE SUBSCRIPTION FEE PAID BY YOU UNDER AND DURING THE TERM OF THIS AGREEMENT.

12. Miscellaneous.

12.1

Survival. Sections 2, 3, 4, 6, 8, 9, 10, 11 and 12 will survive termination of this Agreement.

12.2

Assignment. You may not assign this Agreement or any right hereunder or assign or delegate any obligation hereunder without the express written consent of InteraXon.

12.3

Waiver; Severability. The failure of the other party to enforce any rights under this Agreement will not be deemed a waiver of any rights. The rights and remedies of the parties in this Agreement are not exclusive and are in addition to any other rights and remedies provided by law. If any provision of this Agreement is held by a court of competent jurisdiction to be contrary to law, the remaining provisions of this Agreement will remain in full force and effect.

12.4

Relationship with Health Care Provider. You acknowledge that You are aware that content generated or found through InteraXon services, software, or products is for informational purposes only and is not intended to replace the relationship between You and Your physician or other health-care provider. Interaxon is not a licensed medical or health-care care provider and has no expertise in diagnosing, examining, or treating medical conditions of any kind.

12.5

Governing Law and Jurisdiction. This Agreement shall be governed by and construed in accordance to the laws applicable in the Province of Ontario, Canada, without giving effect to the principles of conflicts of law and excluding that body of law applicable to choice of law and excluding the United Nations Convention for the International Sale of Goods, if applicable.  Any claim or court proceeding brought by InteraXon in relation with this Agreement may be presented in the Province of Ontario, Canada.  You agree that the courts of the Province of Ontario, Canada constitute the appropriate forum for any claim or court proceeding in relation with this Agreement and submits to the exclusive jurisdiction of such courts. 

12.6

Relationship of the Parties. This Agreement does not create any agency, partnership, or joint venture relationship between You and InteraXon. 

12.7

Notice. Any notice required to be given to InteraXon hereunder must  be sent to the following address:

511 King Street West, Suite 303, Toronto, Ontario M5V 1K4

InteraXon may provide You notice under this Agreement by hand delivery, email or other electronic communication or by posting communications on http://www.choosemuse.com.. You consent to receive such notices in any of the foregoing manners and agree that any such notices by InteraXon will satisfy any legal communication requirements. 

12.8

Entire Agreement. This Agreement is the entire understanding of the parties with respect to its subject matter and supersedes any previous or contemporaneous communications, whether oral or written with respect to such subject matter.

Updated: May 26, 2015

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