TERMS-OF-USE LICENSE AGREEMENT WITH BRAIN ABC’S

Your use of neuromat ®  [1] products, software, services, training and web sites( excluding any services provided to you by Brain ABCs under a separate written agreement (“Services”) is subject to the terms of this legal agreement between you and Brain ABC’s.

Terms:

Brain ABC’s, Inc is “the Company”.

“Customer” shall mean a private purchaser  of the neuromat ® who uses the neuromat ® for  personal, non­commercial purposes, and not including Commercial Uses. 

“Commercial Uses” shall include, without limitation, uses in a private practice or business, such as in clinics, schools, therapeutic centers, rehabilitation centers or health clubs, whether or not having  the intent, or having the unintended outcome, of allowing others to use the neuromat ®.

“Practitioner” shall mean a business user licensed by the Company  to use the neuromat ® for Commercial Uses, and only in accordance with the written instructions (“the Instructions”) prepared by the Company and provided with the sale of each neuromat ®.

“Sales Representative” shall mean a business partner licensed by the Company in writing to sell  the neuromat ® for Commercial Uses on behalf of the Company.,  

Subject to terms and conditions of and except as otherwise agreed upon in writing, the Company grants to purchasers of the neuromat ® a license with the following limitations:

1. Customer License: The Company  grants Customer a non-revocable, non­exclusive, non­transferable, limited license to use the neuromat ® in connection with Services, solely for Customer’s  personal, non­commercial purposes strictly in accordance with the terms of this Agreement. Customers are licensed to use the neuromat ® as a private tool for the non-professional and non-fee-based execution of activities. 

2. Practitioner License: The Company grants Practitioner a revocable, non­exclusive, non­transferable, limited license, with no right to sub-license, to use the neuromat ® in connection with Services,solely for private or Commercial Uses,  strictly in accordance with the terms of this Agreement, only in the manner prescribed in the Instructions, and only after Practitioner has first completed appropriate accreditation training and been approved by the Company in writing that he/she has done so. 
3. Sales Representative License:  The Company grants Sales Representative a revocable, non­exclusive, non­transferable, limited license, with no right to sub-license,  limited to selling the neuromat ® in connection with Services,  for private or Commercial Uses,  strictly in accordance with the terms of this Agreement, but only if Sales Representatives: clearly advise: (a) neuromat ® purchasers that use of the neuromat ® must be performed as specified in the Instructions; and (b) Practitioners that they cannot commence using or training others to use the neuromat ® until after the Practitioner has first completed appropriate accreditation training and been approved by the Company in writing that he/she has done so.   

 

[1]           neuromat ® is a registered trademark of Brain ABCs, Inc., a company registered in the State of Illinois.  The neuromat ® product has a utility patent pending.