END-USER LICENSE AGREEMENT

Please read this End-User License Agreement carefully before using AULA Nesplora (hereinafter referred to as “the program”). Acceptance and use of the program grants the status of Licensee and expresses the full and unreserved acceptance of each one of the terms of this End-User License Agreement. If you do not agree with these terms, do not install or use the program.

Acceptance of the terms of this End-User License Agreement does not grant the user any right not specified in this license on the above programs and/or products of NESPLORA S.L., with registered office in Paseo Mikeletegi, 56, Floor 1, Local 109 in Donostia-San Sebastián (20009) Gipuzkoa.

1. MINIMUM REQUIREMENTS FOR THE AULANESPLORA PROGRAM:

1.1. The minimum requirements for correct operation of the AULANesplora software are the following:

  • Operating System: Windows or Mac OS X
  • RAM Memory: 1 GB
  • Dedicated Graphics Card: Intel HD Graphics or better
  • WiFi network with Internet connection

1.2. NESPLORA, S.L. is not responsible for the proper functioning of the AULA Nesplora software and will not provide support in this regard, in the event that the computer used for it does not comply with the minimum requirements set forth above.

 

2. PURPOSE OF THIS END-USER LICENCE AGREEMENT.

2.1. The purpose of this End-User License Agreement is for NESPLORA to grant a license to the Licensee in connection with the program. Under this End-User License Agreement, only the Licensee is granted the right to use the program. Any other right other than that which has been granted is understood to be not granted.

2.2. NESPLORA grants the Licensee with a non-transferable and non-exclusive license for the authorized program. The Licensee may not transfer rights granted in this End-User License Agreement.

 

3. INTELLECTUAL PROPERTY.

3.1. The Licensee is not granted by virtue of this End-User License Agreement any property right over the program. The Licensee is not granted any intellectual or industrial property right, or any other type, over the program.

3.2. The program is supplied on USB key, CD, DVD or via the Internet. The Licensee may not use the program on computers which are not the property of the Licensee; the program may not be lent, leased, given away, donated or passed on to third parties.

3.3. The Licensee agrees that, except in the event that NESPLORA grants written authorization, they must not provide, facilitate, or in any other way make the program and/or the documentation related to same accessible to any other person, company, corporation or organization for any motive or reason. This prohibition will be extended to any other companies, corporations or legal entities with which the Licensee may have shareholding interests or anything similar.

3.4. Intellectual property rights remain with the program. The Licensee must respect them, and may not, therefore, delete or conceal them, for example.

3.5. The Licensee agrees to comply with any conditions established by the program belonging to a third party which may be necessary for the correct execution of the program; included in this requirement, if necessary, is the execution and return of the program license belonging to a third party. The licensee also agrees to indemnify NESPLORA for any damages that may be incurred by NESPLORA as a result of legal or arbitration proceedings initiated at the request of the owner of program rights belonging to a third party due to noncompliance on the part of the Licensee with the conditions or requirements set forth in this stipulation.

 

4. BACKUP.

4.1. The Licensee will not make any copy of the program under any circumstances, and will not allow anyone else to do so, except in cases where this has been authorized in writing by NESPLORA, or in cases in which such a copy must be made on the grounds of reasonable safety or for backup purposes, in accordance with the provisions of the law.

4.2. The Licensee shall ensure that the program and the backup remain under their control and will take all reasonable measures and precautions to safeguard and protect the program from unauthorized use.

 

5. GUARANTEES.

5.1. The Licensee is obligated to ensure that the program is tailored to the needs of their company, center or corresponding entity. The Licensee is solely responsible for determining that the program is ready for operational use in their company, center, or corresponding entity prior to use.

5.2. The Licensee is fully committed to making sure that the operating system, the compiler, and any other software with which the program is used, is owned by the Licensee or that its use in conjunction with the program has been legally authorized for the Licensee.

5.3. The sole obligation of NESPLORA will be to repair the program in the event that it fails to carry out its stated function, as applied to software developed or owned by NESPLORA.

5.4. The foregoing constitutes the only guarantee granted by NESPLORA in relation to the program. By mutual agreement, the parties stipulate that the obligations and responsibilities of NESPLORA in this End-User License Agreement are not implicit, nor do they extend to the commercialization or adapting of the program for a specific purpose, regardless of whether said purpose has been communicated to NESPLORA.

5.5. The program is delivered as is and the Licensee acknowledges that the program has not been tailored to comply with the Licensee’s unique requirements; that the program cannot be tested or checked in advance in all possible operating environments and that it is not possible to run the program in such a way that the risk of error is reduced to zero.

5.6. Any attempt at error correction or modification of the program by the Licensee is expressly prohibited. It is also prohibited to reverse engineer, reverse compile, or disassemble all or part of the program.

5.7. NESPLORA does not undertake nor is it responsible for any person or entity with respect to any damages allegedly caused by the use or lack thereof of the program, both directly and indirectly, including (explanatorily and not exhaustively), work interruptions, financial loss or loss of expected returns as a result of using the program.

5.8. AULA Nesplora software performs the function of providing a tool to facilitate the assessment of attention processes by professionals operating in the field of neuroscience. For this reason, NESPLORA does not accept responsibility for any damage allegedly caused by the use of the software subject matter of this End-User License Agreement. NESPLORA accepts no responsibility with regard to the health of patients who have used the program; this aspect must be supervised every time the program is used by the healthcare professional in the field. The program should be used for the purpose for which it has been designed and created. The Licensee expressly accepts responsibility for informing the professional who uses the tool of the particulars contained in this End-User License Agreement, and is responsible for use of the software subject matter of this End-User License Agreement by third parties.

5.9. The Licensee assumes any loss, damages and/or costs that may arise as a result of incompatibilities between the program or its updates and software owned by third party companies which the Licensee may have installed on their computer, as well as other problems (explanatorily and not exhaustively, security problems, system reliability, etc) that may arise as a result of interaction between both programs, or as a result of conflicting code strings.

5.10. NESPLORA shall not be held responsible, under any circumstances, for damages exceeding the fee currently paid by the Licensee for the program, even when the Licensee has informed NESPLORA of the potential for such damages.

6. UPDATES

6.1 NESPLORA may, at its sole discretion, offer program updates to the Licensee privately, which NESPLORA makes available to same. Updates will be automatic and at no cost to the Licensee.

 

7. PERSONAL DATA.

7.1. Please be informed that when requesting a report using the software, AULA Nesplora collects IP and MAC information from the computer; the purpose for which it collects this information is to establish security measures in the accessing of information, as set forth by Statutory Act 15/1999, of December 13, for the Protection of Personal Data and its implementation regulations.

7.2. This information is sent via secure connection (SSL encryption), and is stored in encrypted form on the server in order to prevent unauthorized access by third parties, as set forth by Statutory Act 15/1999, of December 13, for the Protection of Personal Data and its implementation regulations.

7.3. The report that has been created will be stored in encrypted form on the server so that it can only be accessed by the Licensee for a period of 15 days; after this time has elapsed, the report will be erased.

7.4. Once the report has been created, personal data which may be associated with same shall not be saved; the information that is stored shall not allow natural persons to be identified, and shall be used solely for statistical or scientific purposes and for ongoing improvement of the AULA Nesplora application.

7.5. In compliance with the Single Additional Provision of Royal Decree no. 1720/2007, of December 21, which approves the Regulation for the development of Statutory Act 15/1999, of December 13, for the protection of personal data, the security measures that allow access to this software are of a high level.

 

8. INFORMATION ON THE NESPLORA AND AULANESPLORA WEBSITES.

8.1. The Licensee grants express authorization for their contact details and address to appear in the “Clients” section of the AULA Nesplora product webpage and the Nesplora Company, S. L. webpage, for the purposes of informing patients as to the location of the nearest available center which uses the program.

8.2. Cancellation of this information may be requested at any time by sending a message to the email address: clients@aulanesplora.com, with subject “Cancellation AULA Nesplora Website”.

9. APPLICABLE LAW AND JURISDICTION.

9.1. The Licensee is fully aware, and accepts, that NESPLORA may pursue legal action in the event of any breach of the agreement by the Licensee. NESPLORA reserves the right to terminate this End-User License Agreement automatically and without notice in the event of default by the Licensee on any of the terms and conditions set forth in same.

9.2. This End-User License Agreement is governed by Spanish law. In the event of any discrepancy arising from this End-User License Agreement, the parties expressly submit to the local courts of Donostia-San Sebastian (Gipuzkoa), renouncing any other jurisdiction that may be applicable.

9.3. If any provision of this End-User License Agreement is against the law, it shall be considered null and void, but will not signify or imply the invalidity of the entire agreement.

9.4. NESPLORA expressly reserves any rights that may correspond to it and which were not granted to the Licensee under this End-User License Agreement.

 

 

Contact Information: NESPLORA, S.L. Paseo Mikeletegi, 56, Floor 1, Local 109 in Donostia-San Sebastián (20009) Gipuzkoa.

© Copyright 2016. NESPLORA, SL. All rights reserved.