Please read this entire agreement carefully before using the application. You will be required to click "I Agree" (at the bottom of this page)  before downloading and using the application, "EEGo".

This End-User License Agreement ("EULA") is a legal agreement between you ("you", or "user"), Peter Walling and Kenneth Hicks (Walling-Hicks) for the software product application "EEGo", mentioned above. By clicking "I agree" and using the Software, you agree to be bound by the terms of this EULA. The Software is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. The Software is licensed, not sold, and ALL SOFTWARE IS PROVIDED "AS IS."

1. GRANT OF LICENSE:
This EULA grants you the following rights:
• Use: You may use the Application an unlimited number of times free of charge. Any versions and subsequent updates of the Application, which this License authorizes you to use, are subject to this EULA.
• Reproduction and Distribution: You may not reproduce or distribute copies of the Software.

2. DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS:
• Limitations on Reverse Engineering, Decompilation, and Disassembly: You may not reverse engineer, decompile or disassemble the Software except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation.
• Support Services: Walling-Hicks or their subsidiaries and affiliates will not provide User with support services ("Support Services") related to the application.
• Single user. You may not permit any individual or third party other than yourself to use the application.
• Use. You may use the Application for approved research only with appropriate USERS governing body(bodies), protocols, procedures, both Local, State and Federal, for said approved research. Walling-Hicks assume no responsibility in unauthorized use and said application is NOT authorized for any clinical decisions and/or judgments.
• Termination: Without prejudice to any other rights of Walling-Hicks, your rights under this EULA will terminate automatically without notice from Walling-Hicks, if you fail to comply with any term(s) of this EULA. Walling-Hicks may terminate this agreement at any time with or without cause, and retains the right to withdraw the application at their discretion without notice. Walling-Hicks may, at their discretion, disallow any User from further use of the application without prior notification for any reason.

OWNERSHIP AND PROTECTION OF THE SOFTWARE AND RELATED RIGHTS
a. User acknowledges that the Application is owned by Walling-Hicks and that Walling-Hicks has the sole right to manufacture, use, sell, and market the Software. User agrees not to challenge Walling-Hicks' title or any right of Walling-Hicks in and to the Software or to make any claim or take any action adverse to Walling-Hicks ownership of the Software. User further agrees that any rights arising from the use of the Software by it shall inure to the benefit of Walling-Hicks. No right, title or interest in the Software, except the right to use the Software upon the terms and subject to the conditions of this License Agreement, is or will be transferred to User by this License Agreement. User shall not have the right to institute or settle claims asserting or affecting rights to the Software without the prior written approval of Walling-Hicks, which approval shall be granted or withheld within the sole discretion of Walling-Hicks.

b. User agrees to notify Walling-Hicks promptly if User becomes aware of any uses of, or any applications or registrations for a patent that conflicts with the Software; any acts of infringement or unfair competition involving any of the Software; or any allegations or claims, whether or not made in a lawsuit, that the use of the Software by Walling-Hicks or User infringes the patent or other rights of any other Person.

c. Walling-Hicks may, but shall not be required to, take whatever action Walling-Hicks, in its sole discretion, deems necessary or advisable to protect any patent issued in association with the Software at Walling-Hicks' sole expense. Should Walling-Hicks choose to take any action with respect to the Software, User shall comply with all reasonable requests for assistance in connection therewith. Any recovery as a result of such action shall belong solely to Walling-Hicks.

d. User agrees to defend, indemnify and hold Walling-Hicks harmless from and against any losses and claims based upon, due to or arising out of any acts or omissions that may be committed or suffered by User or any of its agents or employees in connection with User's performance of this Agreement or in connection with the Software.

COPYRIGHT:
All right, title and interest in and to the Software (including the copyrights in the Software and including, but not limited to, any images, photographs, animations, video, audio, music, text, and "applets" incorporated into the Software), the accompanying printed materials (if any), and any copies of the Software are owned by Walling-Hicks. The Software is protected by copyright laws and international treaty provisions. Except as permitted by applicable law and this License, you may not modify, rent, lease, loan, sublicense, or create derivative works from the Software.

4.DISCLAIMER OF WARRANTY ON SOFTWARE
You expressly acknowledge and agree that use of the Software is at your sole risk. The Software is provided "AS IS" and without warranty of any kind and Walling-Hicks EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Walling-Hicks DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SOFTWARE WILL MEET YOUR REQUIREMENTS, OR THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE SOFTWARE WILL BE CORRECTED. FURTHERMORE, Walling-Hicks DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SOFTWARE OR RELATED DOCUMENTATION IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY Walling-Hicks OR AN AUTHORIZED REPRESENTATIVE OF Walling-Hicks, SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THIS WARRANTY. SHOULD THE SOFTWARE PROVE DEFECTIVE, YOU (AND NOT Walling-Hicks OR AN AUTHORIZED REPRESENTATIVE OF Walling-Hicks) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. THE ENTIRE RISK ARISING OUT OF USE OR PERFORMANCE OF THE SOFTWARE REMAINS WITH USER.

USER AGREES THAT THE APPLICATION PROVIDED "AS IS" AND THEY CONTAIN NO GUARANTEES.

5. LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL Walling-Hicks OR ITS SUPPLIERS AND ADVERTISERS AND CLIENTS BE LIABLE FOR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR ANY OTHER PECUNIARY LOSS) ARISING OUT OF OR RELATING TO THIS LICENSE, EVEN IF Walling-Hicks HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES SO THIS LIMITATION MAY NOT APPLY TO YOU. IN NO EVENT SHALL DG'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES EXCEED THE AMOUNT PAID FOR THIS LICENSE TO THE SOFTWARE. THE ENTIRE RISK ARISING OUT OF USE OR PERFORMANCE OF THE SOFTWARE REMAINS WITH YOU.

Walling-Hicks ASSUMES NO RESPONSIBILITY FOR ANY INFORMATION SUBMITTED BY USER TO ANY THIRD PARTY, INCLUDING, BUT NOT LIMITED TO ANY GOVERNMENTAL AGENCY. HEALTH CARE ENTITY OR HEALTH INSURANCE COMPANY. IT IS THE SOLE RESPONSIBILITY OF USER TO ENSURE THAT ANY AND ALL DATA PROVIDED TO THIRD PARTIES IS TIMELY AND ACCURATE AND Walling-Hicks ASSUMES NO RESPONSIBILITY FOR ANY INFORMATION PROVIDED TO USER, USER'S AFFILIATES OR AGENTS OR ANY THIRD PARTIES.

Walling-Hicks IS NOT RESPONSIBLE AND DOES NOT GUARANTEE THE ABSENCE OF ANY ERRORS OR OMISSION IN THE APPLICATION, OR ANY OTHER MATERIALS PROVIDED UNDER THIS CONTRACT.

IT IS THE USER'S SOLE RESPONSIBILITY TO VERIFY ANY INFORMATION PROVIDED BY Walling-Hicks BEFORE RELYING ON ANY INFORMATION INTERNALLY OR BEFORE SENDING OR OTHERWISE TRANSMITTING ANY INFORMATION TO THIRD PARTIES, INCLUDING, BUT NOT LIMITED TO GOVERNMENTAL ENTITIES, INSURANCE COMPANIES AND THEIR AGENTS.

6. PATIENT PRIVACY
User agrees that no personally identifiable information can be inserted into the application. By agreeing to this EULA, you warrant that the information gained there from will only be used for lawful purposes, and in accordance with all Federal , State and local laws and regulations including, but not limited to HIPAA ( the Health Insurance Portability and Accountability Act of 1996 ("HIPAA") and the associated regulations, 45 C.F.R. parts 160-164, as may be amended (the "Privacy Rule") and 45 C.F.R. 142.308(a)(2), as may be finalized and amended.

7. FAULT TOLERANCE
The Software is not fault tolerant and is not designed, manufactured, or intended for use or resale as online control equipment in hazardous environments requiring fail-safe performance, such as the operation of nuclear facilities, aircraft navigation or communications systems, air traffic control, direct life support machines, or weapons systems, in which the failure of the Software could lead directly to death, personal injury, or severe physical or environmental damage ("High Risk Activities"). Walling-Hicks specifically disclaims any express or implied warranty of fitness for High Risk Activities.

8. EXPORT LAW ASSURANCES
You may not use or otherwise export or reexport the Software except as authorized by United States law and the laws of the jurisdiction in which the Software was obtained. In particular, but without limitation, none of the Software may be used or otherwise exported or reexported (i) into (or to a national or resident of) a United States embargoed country or (ii) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Department of Commerce's Denied Persons List. By using the Software, you represent and warrant that you are not located in, under control of, or a national or resident of any such country or on any such list.

9. MISCELLANEOUS
If for any reason a court of competent jurisdiction finds any provision, or portion of this EULA, to be unenforceable, the remainder of this EULA shall continue in full force and effect. This EULA constitutes the entire agreement between the parties with respect to the use of the Software and supersedes all prior or contemporaneous understandings regarding such subject matter. No amendment to or modification of this EULA will be binding unless in writing and signed by Walling-Hicks.

If any court determines that any provision in this Agreement is invalid, void, or unenforceable, the remaining provisions shall nevertheless continue in full force and effect.

10. AMENDMENTS TO THIS AGREEMENT
Walling-Hicks reserves the right to modify the terms of this Agreement (Terms)at any time and without notice, and each use of the Application will be governed by the Terms which are in force at the time of that use.

11. GOVERNING LAW
This agreement shall be governed by the laws of the State of Texas, with Dallas, Dallas County, Texas being the appropriate venue for litigation.

12. NO WAIVER OF RIGHTS
User and Walling-Hicks agree that no failure or delay to exercise any right, power, or privilege on the part of either party shall operate as a waiver of any right, power, or privilege under this Agreement. User and Walling-Hicks also agree that no single or partial exercise of any right under this Agreement shall preclude further exercise of the right.