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Update SDK License

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Patrick Chu
2016-03-21 16:20:00 +08:00
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Software Development Kit License Agreement
Thank you for purchasing an EMOTIV headset. The headset is bundled with an End User License Agreement and this Software Development Kit License Agreement.
1. Some Definitions for this Agreement
1.1 “EMOTIV” means EMOTIV, Inc., a Delaware corporation, with its principal place of business at 490 Post Street, San Francisco, CA 94102, USA.
1.2 “SDK” means the Software Development Kit that comes bundled with your purchase of an EMOTIV headset, which is either the Basic SDK or the Enhanced SDK.
Software Development Kit License Agreement
Thank you for purchasing an EMOTIV headset. The headset is bundled with an End User License Agreement and this Software Development Kit License Agreement.
1. Some Definitions for this Agreement
1.1 “EMOTIV” means EMOTIV, Inc., a Delaware corporation, with its principal place of business at 490 Post Street, San Francisco, CA 94102, USA.
1.2 “SDK” means the Software Development Kit that comes bundled with your purchase of an EMOTIV headset, which is either the Community SDK or the Advanced SDK.
1.3 “Community SDK” means the SDK that comes with your purchase of a standard EMOTIV headset. A standard EMOTIV headset gives you access to EMOTIV’s Detection Suites: Mental Commands, Facial Expressions and frequency bands data. A standard EMOTIV headset does not give you EEG access or Performance Metrics.
1.3 “Basic SDK” means the SDK that comes with your purchase of a standard EMOTIV headset. A standard EMOTIV headset gives you access to EMOTIV’s Detection Suites: Mental Commands, Performance Metrics & Emotional States, and Facial Expressions. A standard EMOTIV headset does not give you EEG access.
1.4 “Advanced SDK” means the SDK that comes with your purchase of an EMOTIV headset with EEG access and/or Performance Metrics. An EMOTIV headset with EEG access gives you access to EMOTIV’s Detection Suites, which may include Performance Metrics depending on license type, and also includes EEG firmware providing real-time display of unencrypted raw EEG data stream. EEG apps will only work with EEG enabled devices.
1.5 “SDK License Agreement” means this agreement, which contains the terms under which the SDK is licensed to you and under which you may develop and distribute applications to use with an EMOTIV headset.
1.5 “SDK License Agreement” means this agreement, which contains the terms under which the SDK is licensed to you and under which you may develop and distribute applications to use with an EMOTIV headset.
1.6 “EULA” means your EMOTIV End User License Agreement, which is incorporated into this SDK License Agreement. Your EULA and any corresponding license fee will depend on the type of licensing arrangement with EMOTIV that you select.
1.6 “EULA” means your EMOTIV End User License Agreement, which is incorporated into this SDK License Agreement. Your EULA and any corresponding license fee will depend on the type of licensing arrangement with EMOTIV that you select.
2. SDK License Tiers
2.1 There are six SDK license tiers. Please refer to the EMOTIV Developer Page for information concerning the features, cost, registration process, beta testing guidelines, and application release guidelines applicable to each tier.
2.1 There are six SDK license tiers. Please refer to the EMOTIV Developer Page for information concerning the features, cost, registration process, beta testing guidelines, and application release guidelines applicable to each tier.
3. Accepting this SDK License Agreement
3.1 In order to use the SDK, you must first accept this SDK License Agreement and pay the charge, if any, applicable to your SDK license tier. You do not have to accept this SDK License Agreement in order to use your EMOTIV headset, but you may not use the SDK until you have accepted this SDK License Agreement and made any payment applicable to your SDK license tier.
3. Accepting this SDK License Agreement
3.1 In order to use the SDK, you must first accept this SDK License Agreement and pay the charge, if any, applicable to your SDK license tier. You do not have to accept this SDK License Agreement in order to use your EMOTIV headset, but you may not use the SDK until you have accepted this SDK License Agreement and made any payment applicable to your SDK license tier.
3.2 By clicking to accept, you agree to the terms of this SDK License Agreement, which creates a legally binding contract between you and EMOTIV in relation to your use of the SDK.
3.3 You may not accept the SDK License Agreement and you may not use the SDK if you are a person barred from receiving the SDK under the laws of the United States or other relevant countries, including the country in which you are resident or in which you use the SDK.
3.4 If you are agreeing to be bound by this SDK License Agreement on behalf of another entity, for example your employer, you represent and warrant that you have full legal authority to bind that entity to this SDK License Agreement. If you do not have that authority, you may not accept the SDK License Agreement or use the SDK on behalf of that entity.
3.3 You may not accept the SDK License Agreement and you may not use the SDK if you are a person barred from receiving the SDK under the laws of the United States or other relevant countries, including the country in which you are resident or in which you use the SDK.
3.4 If you are agreeing to be bound by this SDK License Agreement on behalf of another entity, for example your employer, you represent and warrant that you have full legal authority to bind that entity to this SDK License Agreement. If you do not have that authority, you may not accept the SDK License Agreement or use the SDK on behalf of that entity.
4. Your SDK License from EMOTIV
4.1 Subject to the terms and conditions of this SDK License Agreement, EMOTIV grants you a limited, worldwide, nonexclusive, non-transferrable or assignable license to use the SDK solely to develop applications to be paired with an EMOTIV headset. You may not use the SDK for any other purpose.
4. Your SDK License from EMOTIV
4.2 Your SDK license is linked to the EMOTIV hardware device you have purchased.
4.1 Subject to the terms and conditions of this SDK License Agreement, EMOTIV grants you a limited, worldwide, nonexclusive, non-transferrable or assignable license to use the SDK solely to develop applications to be paired with an EMOTIV headset. You may not use the SDK for any other purpose.
4.3 The terms of this SDK License Agreement include any registration, beta testing, and release requirements and restrictions applicable to your SDK license tier as set forth on the EMOTIV Developer Page.
4.4 EMOTIV or third parties own all legal right, title, and interest in and to the SDK, including any rights under patent law, copyright law, trade secret law, trademark law, and any other proprietary rights that subsist in the SDK. EMOTIV reserves all rights not expressly granted to you.
4.2 Your SDK license is linked to the EMOTIV hardware device you have purchased.
4.5 You may not take any actions that may cause or result in the fragmentation of the SDK, including but not limited to distributing, participating in the creation of, or promoting in any way a software development kit derived from the SDK.
4.6 Use, reproduction, and distribution of components of the SDK licensed under an open source software license are governed solely by the terms of that open source software license and not this License Agreement.
4.4 EMOTIV or third parties own all legal right, title, and interest in and to the SDK, including any rights under patent law, copyright law, trade secret law, trademark law, and any other proprietary rights that subsist in the SDK. EMOTIV reserves all rights not expressly granted to you.
4.7 Nothing in this SDK License Agreement gives you the right to use any of EMOTIV’s trade names, trademarks, service marks, logos, domain names, or other distinctive brand features.
4.8 You may not remove, obscure, or alter any proprietary rights notices, including copyright and trademark notices, that may be contained within the SDK.
4.5 You may not take any actions that may cause or result in the fragmentation of the SDK, including but not limited to distributing, participating in the creation of, or promoting in any way a software development kit derived from the SDK.
4.9 THE SDK IS SUBJECT TO UNITED STATES EXPORT LAWS AND REGULATIONS. YOU MUST COMPLY WITH ALL DOMESTIC AND INTERNATIONAL EXPORT LAWS AND REGULATIONS THAT APPLY TO THE SDK. THESE LAWS INCLUDE RESTRICTIONS ON DESTINATIONS, END USERS, AND END USE.
4.6 Use, reproduction, and distribution of components of the SDK licensed under an open source software license are governed solely by the terms of that open source software license and not this License Agreement.
4.7 Nothing in this SDK License Agreement gives you the right to use any of EMOTIV’s trade names, trademarks, service marks, logos, domain names, or other distinctive brand features.
4.8 You may not remove, obscure, or alter any proprietary rights notices, including copyright and trademark notices, that may be contained within the SDK.
4.9 THE SDK IS SUBJECT TO UNITED STATES EXPORT LAWS AND REGULATIONS. YOU MUST COMPLY WITH ALL DOMESTIC AND INTERNATIONAL EXPORT LAWS AND REGULATIONS THAT APPLY TO THE SDK. THESE LAWS INCLUDE RESTRICTIONS ON DESTINATIONS, END USERS, AND END USE.
5. Your Use of the SDK
5. Your Use of the SDK
5.1 EMOTIV obtains no right, title, or interest from you under this SDK License Agreement in or to any software applications you develop using the SDK, including any intellectual property rights that subsist in those applications.
5.2 You may use the SDK and write applications only for purposes that are permitted by any applicable law, regulation, or generally accepted practices or guidelines in the relevant jurisdictions, including laws regarding the export of data or software to and from the United States or other relevant countries.
5.3 If you use the SDK to develop applications for general public users, you must protect the privacy and legal rights of those users. If the users provide you with user names, passwords, or other login information or personal information, you must make the users aware that the information will be available to your application, and you must provide legally adequate privacy notice and protection for those users. If your application stores personal or sensitive information provided by users, it must do so securely. If the user provides your application with EMOTIV Account information, your application may only use that information to access the user's EMOTIV Account when, and for the limited purposes for which, the user has given you permission to do so.
5.4 You are solely responsible for any data, content, or resources that you create, transmit, or display through your use of the SDK, and for the consequences of your actions by doing so, including any loss or damage EMOTIV may suffer. EMOTIV has no responsibility to you or to any third party for any data, content, or resources that you create, transmit, or display through your use of the SDK, or for the consequences of your actions by doing so.
6. Your EMOTIV Developer Credentials