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End User License Agreement (EULA) for State Changer

THIS END USER LICENSE AGREEMENT ("AGREEMENT") IS A LEGAL AGREEMENT BETWEEN YOU (EITHER AN INDIVIDUAL OR A SINGLE ENTITY) AND BRAIN-TRAINER INTERNATIONAL, INC. ("LICENSOR"). BY INSTALLING, COPYING, OR OTHERWISE USING THE STATE CHANGER SOFTWARE AND HARDWARE, YOU AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, DO NOT INSTALL OR USE THE STATE CHANGER PRODUCT.

  1. Grant of License: Licensor grants you a non-exclusive license to use the State Changer product for training purposes, which includes a hardware device for brain training using hemoencephalography (HEG) technology and accompanying software, along with any updates or revisions. While this license permits commercial use, it is important to note that the product is not designed or intended to serve as a health treatment solution and should not be used for diagnostic or treatment purposes.
  2. Installation and Access: You may install the software on multiple computers. Your unique headset will be able to access these installations one at a time. Each installation will be subject to the same terms of use. Termination of this EULA will result in the cancellation of the user's license across all registered computers.
  3. Use Restrictions: Modification, reverse engineering, decompilation, disassembly of the hardware or software, and unauthorized distribution of the software are strictly prohibited. Resale of the hardware is permitted. The software license is transferable. To request a license transfer, please send an email detailing your request to support@statechanger.com.
  4. Intellectual Property: Intellectual property rights, including the software code, hardware design, and the State Changer trademark, are owned by Brain-Trainer International, Inc. The intellectual property and copyrights in the State Changer product, as well as any unauthorized use of the product not expressly permitted by this Agreement, may violate copyright and other laws and could result in legal penalties.
  5. Updates and Support: Software updates for the State Changer application and initial games are provided automatically and free of charge when connected to the internet. New games introduced may be subject to additional charges. Support is offered indefinitely and can be accessed by contacting support@statechanger.com. For your convenience, a digital user manual is available at statechanger.com/manual.
  6. Warranty: The hardware is warranted against manufacturing defects for one (1) year from the date of purchase. This warranty does not cover damage from misuse. For warranty service, contact support@statechanger.com.
  7. Limitation of Liability: Brain-Trainer International, Inc. shall not be liable for any direct, indirect, incidental, consequential, or punitive damages arising out of the use of the State Changer product. If you have concerns about your health, consult a healthcare professional before use. It is important not to exceed the recommended daily training session to ensure safe usage of the product.
  8. Termination: This Agreement is effective until terminated. Your rights under this Agreement will terminate automatically without notice from Licensor if you fail to comply with any term(s) of this Agreement. Additionally, you may terminate this Agreement at any time by notifying Licensor via email at support@statechanger.com. Upon termination, for any reason, you must cease all use of the State Changer product and destroy all copies of the software by uninstalling it through the standard procedure of your operating system and deleting the program's folder.
  9. Governing Law and Dispute Resolution: This Agreement shall be governed by and construed in accordance with the laws of the State of Georgia, USA, without giving effect to any principles of conflicts of law. Any disputes arising under this Agreement shall be resolved through binding arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association.
  10. Changes to EULA: Licensor reserves the right, at its sole discretion, to modify or replace this EULA at any time. The current version of the EULA will be available at statechanger.com/eula. Users will be notified of any changes via email. Modifications to this EULA apply to future use only. If you do not agree with the modifications, you may terminate this Agreement by contacting support@statechanger.com.
  11. Privacy and Data: The State Changer software locally stores user data such as name and game scores and communicates with our servers for license validation. Future versions may upload additional user information to a cloud database for performance and progress tracking. You have the right to access, correct, and delete your personal data stored locally or in the cloud. Data generated from game performance can be accessed and deleted but not edited. By using this product, you consent to such data collection and use.

BY USING THE STATE CHANGER PRODUCT, YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, UNDERSTAND IT, AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS.

Last update: March 26, 2024