END USER LICENSE AGREEMENT
ARTICLE 1: INTRODUCTION
1.2 By downloading or using any Content on this website, You will be bound by this EULA, and You signify Your consent to the license grants contained herein as well as the terms and conditions of this EULA. By downloading any Content on this website, You further warrant that You have legal capacity to enter into this contract, agree that You understand and have accepted the terms and conditions of this EULA before reading or using the Content in any degree, listening to any recordings or taken any other action. If You do not agree to the EULA, You must not download the Content or use it, and should dispose of it promptly. The “Effective Date” of this EULA shall mean the date on which You first accepted this EULA by purchasing and downloading any Content from PeakGenius.com or downloading any product on PeakGenius.com and listening to, or otherwise accessing any of the Content.
ARTICLE 2: USER LICENSE
The Content is protected by copyright laws as well as other intellectual property laws. The Product is licensed and not sold.
2.1 Grant Of License. PeakGenius.com grants You a non-exclusive, non-transferable license to download and use the Content subject to all the terms and conditions of the License contained herein.
2.2. Single-Use Perpetual License. You may permit a single authorized end user to download the Content on a single computer for use by that end user only. Remote access is not permitted without the express written consent of PeakGenius.com.
2.3. Additional Limitations. You may not reverse engineer, decompile, or disassemble the Content, except and only to the extent that it is expressly permitted by applicable law notwithstanding this limitation. You may not rent, lease, lend or transfer the Content, or host the Content for third parties. You may not change, alter, modify, or create derivative works, enhancements, extensions, or add-ons to any of the Content. You may not use the Content for commercial purposes, or purposes other than Your personal use and enjoyment. The Content is licensed as a single integral product; its component parts may not be separated for use on more than one computer. The Content may include copy protection technology to prevent the unauthorized copying of the Content or may require original media for use of the Content on the computer. It is illegal to make unauthorized copies of the Content or to circumvent any copy protection technology included in the Content. The Content may not be resold either by You or a third party customer without the prior written permission of PeakGenius.com. All rights not expressly granted to You are retained by PeakGenius.com.
2.4 Compliance. You will at all times comply with, and will not circumvent or attempt to circumvent, any of the restrictions on use set forth herein. The Content is subject to trademark and copyright under The BrainTune Series Copyright © 2009-2011. All Rights Reserved. Registered with the United States Copyright Office, Registration Number SR 640-819. Protected worldwide under the Berne Convention and other WIPO treaties. BrainTune and PeakGenius.com are registered trademarks ®.
2.5 Ownership. You hereby acknowledge that nothing in this EULA is meant or shall be deemed to give You any rights in any works of authorship or copyrights owned or licensed by PeakGenius.com. The Content may contain third party software that PeakGenius.com can grant a sublicense to use and which is also protected by copyright law and other applicable laws. In the event that the owner of the Content is a party other than PeakGenius.com, in whole or jointly, You agree that such party shall be a third party beneficiary under this EULA and shall have the right to enforce the terms and conditions of this EULA that pertain to such party’s rights in and to the Content as if such party were a party to this EULA, and such is hereby incorporated into this Agreement by this reference.
2.6 License Code. Upon ordering certain of the Content, You thereby agree to accept the EULA, whereupon PeakGenius.com will issue You a license code. This code is designated by a series of numbers or letters and is exclusive to You. You are not allowed in any way to distribute Your code or product to others. This will result in access to the Content being denied, will presumptively result in damage to PeakGenius.com, and may lead to additional action.
2.7 Licensing system. By downloading any of our Content, You also agree that PeakGenius.com can record Your geographic location and I.P. address, Your name, serial number of the product and license number, and You acknowledge and accept that these details will be retained in Our licensing database. By downloading, accessing or installing any of Our material and/or possessing it on Your computer, You unconditionally accept and allow Our tracking devices to be fitted on Our guides and products in order to obtain this information. Our tracking devices will not under any circumstances record "strictly personal details" which includes but is not limited to any information outside the scope of Your I.P address, geographic location, Your name, serial number of the product in question and license number. YOU MUST NOT FULLY DISABLE YOUR FIREWALL when attempting to access Our products and/or verify the license code, as this is NOT REQUIRED and is potentially dangerous. It is Your responsibility to ensure Your firewall is sufficient and in good operating condition to withstand virus, trojan, hacking and other malicious attacks which can occur on the internet. WE WILL NOT BE HELD LIABLE IN ANY WAY WHATSOEVER WHETHER OR NOT YOU CHOOSE TO DISABLE YOUR FIREWALL OR EVEN IF THE FIREWALL IS MAINTAINED, FOR ANY MALICIOUS ATTACKS OCCURRING ON YOUR COMPUTER SYSTEMS WHILE ACCESSING OUR CONTENT. FURTHER, WE WILL NOT BE RESPONSIBLE FOR ANY DAMAGES, INJURY OR LIABILITY IN ANYWAY WHATSOEVER ARISING FROM USE OF THE LICENSING SYSTEM.
2.8 Notice of special offers and product updates. On acceptance of the EULA, We will add Your details to a special newsletter which will provide special offers and product updates. This will be in the form of a mailing sent to the e-mail address that You have given Us on purchase or download of the Content. You consent to allowing Us to contact You with these special offers and updates. You can remove yourself from these mailings at any time, by hitting the “unsubscribe” link within any emails sent by PeakGenius.com.
ARTICLE 3: CHANGES TO CONTENT
PeakGenius.com reserves the right, in its sole discretion, and from time to time, to change the format or content of the Content available on this website, or the media on which such Content is contained. The updated or re-formatted Content, if any, may, but is not required to be made available to You for a fee, or for free.
ARTICLE 4: NO MEDICAL ADVICE PROVIDED
4.1 No medical advice given. THE INFORMATION CONTAINED WITHIN THE CONTENT IS NOT INTENDED TO BE A SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT. NONE OF OUR PRODUCTS, ADVICE OR INFORMATION IS INTENDED TO DIAGNOSE, TREAT, CURE OR PREVENT ANY DISEASE IN ANY WAY WHATSOEVER. ALWAYS SEEK THE ADVICE OF YOUR PHYSICIAN OR OTHER QUALIFIED HEALTH CARE PROVIDER WITH ANY QUESTIONS YOU MAY HAVE REGARDING A MEDICAL CONDITION, INCLUDING MENTAL ILLNESS. RELIANCE ON ANY INFORMATION OR GUIDANCE PROVIDED IN OR BY WAY OF THE CONTENT IS SOLELY AT YOUR OWN RISK. PLEASE USE YOUR OWN JUDGEMENT AT ALL TIMES, AS ANY ADVICE GIVEN IS SOLELY OUR OPINION AND MAY BE CONTRARY TO YOUR INTERESTS IN RELATION TO YOUR CONDITION.
IF YOU HAVE A SERIOUS MENTAL CONDITION OR ARE NOT IN SOUND PHYSICAL AND MENTAL HEALTH, YOU MUST NOT USE THE CONTENT WITHOUT SEEKING MEDICAL ADVICE AND APPROVAL BEFOREHAND. IN ANY CASE, WHETHER YOU KNOWINGLY OR UNKNOWINGLY HAVE A MEDICAL CONDITION, YOU USE THE CONTENT AT YOUR OWN RISK, FULL KNOWING THE POTENTIAL RISKS INVOLVED AND WE WILL NOT BE HELD LIABLE IN ANY WAY WHATSOEVER FOR YOUR ACTIONS OR FOR ANY EFFECTS WHICH RESULT FROM USE OF THE CONTENT.
YOU MUST ALSO NOT USE THE CONTENT IN THE FOLLOWING SITUATIONS: a) IF YOU ARE PRONE TO NEGATIVE EFFECTS DUE TO HYPNOSIS, OR HAVE A CONDITION WHICH CAN BE AFFECTED BY HYPNOTIC STATES (SINCE SOME TECHNIQUES AND AUDIOS IN THE CONTENT CAN CREATE A HYPNOTIC STATE), b) IF YOU SUFFER FROM EPILEPSY, ARE PRONE TO SEIZURES OR WEAR A PACEMAKER, c) IF YOU ARE PREGNANT, ESPECIALLY IN CONJUNCTION WITH THE AUDIOS AND SUPPLEMENTATION PROGRAMS OF THE CONTENT, d) WHEN OPERATING HEAVY MACHINERY OR DRIVING, E) WHEN TAKING ANY MEDICATION OR DRUGS, f) IF YOU ARE IN POOR PHYSICAL HEALTH, SINCE SOME OF THE TECHNIQUES IN THE CONTENT INVOLVE PHYSICAL EXERTION AND EXERCISE WHICH MAY AFFECT YOUR HEALTH ADVERSELY. IF YOU ARE UNSURE OF ANY OF THESE WARNINGS, YOU SHOULD CONSULT MEDICAL ADVICE.
IF ANY UNTOWARD OR UNUSUAL NEGATIVE EFFECTS OCCUR FROM USE OF THE CONTENT, PLEASE EXERCISE COMMON SENSE AND DISCONTINUE USE IMMEDIATELY.
4.2 No guarantee of results. Every effort has been made to accurately represent the Content and its potential to help You improve Your life. However, as is naturally the case, each person's success depends upon amongst other factors his/her: dedication to the Content; background; commitment; genetics; diet; fitness level; and lifestyle (the aforementioned list is not intended to be exhaustive). Since these factors differ according to the individual, We cannot guarantee any results at all. Your individual results may vary substantially from what You see displayed in the Content, on the website or in testimonials. We offer no guarantee in any way whatsoever that You will increase Your IQ in any way from use of the Content.
4.3 Scientific research and IQ gains. The Content, where applicable, attempts to use scientific research to provide information on the Content. In any case, a) THIS DOES NOT CONSTITUTE MEDICAL ADVICE OR APPROPRIATENESS OF THE CONTENT FOR ANY MEDICAL CONDITION YOU MAY HAVE, b) This does not guarantee that You will receive gains similar to those shown on the Website or in the Content or any gains in IQ or cognitive ability to any degree whatsoever, c) Any research referenced may be erroneous or have gross omissions. All information and content provided is provided "as is" and is only provided for the purpose of adding to your understanding of some aspects of the Content. d) Some of the techniques and methods in the Content have no researched scientific basis as no such research has yet to be conducted or such techniques, methods and/or content is too subjective for valid research to be conducted which could lead to relevant conclusions, and should therefore be regarded solely as the opinion of PeakGenius.com as to the results you can expect. Any significant increase in Your testing IQ should be considered an exceptional result and in any case, will require strong dedication and commitment to achieve, f) The Content should not be regarded in any way whatsoever as scientifically valid or significant. All of the information contained in the Content is solely the opinion of PeakGenius.com. g) Any comment made in relation to herbal supplements is solely the opinion of PeakGenius.com. It is Your exclusive responsibility to conduct Your own investigation regarding any of the claims made by PeakGenius.com pertaining to any herbal supplements you take in relation to the Content and to discuss the same with Your medical provider.
ARTICLE 5: DISCLAIMER OF WARRANTIES AND LIABILITY
5.1 Disclaimer. PeakGenius.com is making the Content available to You on an “as is” and “as available” basis and You agree that Your use of the Content is at Your own risk. PEAKGENIUS.COM DISCLAIMS ALL WARRANTIES THAT RELATE IN ANY WAY TO THE CONTENT, OR ANY PORTIONS OR COMBINATIONS THEREOF, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY FOR INFORMATION, AVAILABILITY, ACCURACY, ADEQUACY, QUIET ENJOYMENT, NON- INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE.
5.2 Indemnity. You shall defend, indemnify, and hold harmless PeakGenius.com and its employees and agents, from and against any and all suits, proceedings, claims, losses, and damages (including reasonable solicitors', lawyers' or attorneys’ fees) related to: (i) any breach by You, or which You allow, of this EULA, and (ii) any claim by a third party that arises from Your use or misuse of the Content.
5.3 Limitation of Liability. IN NO EVENT, SITUATION OR CIRCUMSTANCE SHALL PEAKGENIUS.COM OR ITS OFFICERS, DIRECTORS, AGENTS, ASSIGNEES OR LICENSORS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DAMAGES WHATSOEVER, INCLUDING SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THIS EULA OR YOUR USE OF OR INABILITY TO USE THE CONTENT. THIS INCLUDES BUT IS NOT LIMITED TO LOST PROFITS, LOSS OF DATA, AND ERRORS OR OMISSIONS IN CONTENT, REGARDLESS OF THE FORM OF ACTION, WHETHER PEAKGENIUS.COM KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY EVENT, YOU AGREE THAT THE TOTAL LIABILITY OF PEAKGENIUS.COM, IF ANY, ARISING OUT OF OR IN CONNECTION WITH THIS EULA OR YOUR USE OF OR INABILITY TO USE THE CONTENT SHALL NOT EXCEED IN THE AGGREGATE, THE FEE PAID TO ACCESS THE CONTENT. THE PROVISIONS HEREIN CONCERNING LIMITATIONS OF LIABILITIES AND DAMAGES ALLOCATE THE RISKS OF THIS AGREEMENT BETWEEN THE PARTIES. THIS ALLOCATION IS REFLECTED IN THE ECONOMIC TERMS OF THIS AGREEMENT AND IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES.
5.4 Errors; Accuracy; Security. Though PeakGenius.com uses reasonable efforts to ensure otherwise, the Content may contain errors or other inaccuracies and may not be complete, accurate, or current. PEAKGENIUS.COM DOES NOT GUARANTEE, REPRESENT, OR WARRANT THAT (i) THE CONTENT WILL BE ERROR-FREE, ACCURATE, OR CURRENT, OR (ii) YOUR USE OF THE CONTENT WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE FROM LOSS, CORRUPTION, ATTACK, VIRUSES, INTERFERENCE, HACKING, OR OTHER SECURITY INTRUSION, AND PEAKGENIUS.COM DISCLAIMS ANY LIABILITY RELATING THERETO. WE HIGHLY RECOMMEND THAT YOU KEEP YOUR FIREWALL CURRENT AND ACTIVATED AT ALL TIMES WHEN VERIFYING YOUR LICENSE. IT IS ALSO YOUR RESPONSIBILITY TO ENSURE THAT YOU USE SUFFICIENT ANTI-VIRUS AND FIREWALL PROTECTION TO PROTECT YOUR COMPUTER SYSTEMS.
ARTICLE 6: MISCELLANEOUS
6.1 Choice of Law. This EULA shall be governed by the laws of Scotland, United Kingdom, regardless of the laws that might otherwise govern under conflicts of law as to all matters, including but not limited to matters of validity, construction, effect, performance and remedy and the parties agree to submit to the jurisdiction of the Scottish courts in the event of any dispute.
6.2 Severability. Each of the provisions aforementioned are independent of, and shall survive the failure of, any other provision in this Agreement. Further, the invalidity or unenforceability of any provision of this EULA shall not affect the validity or enforceability of the remaining provisions, and this EULA shall be construed as if such invalid or unenforceable provisions were omitted. Should the removal or omission of any provision deemed invalid or unenforceable result in their being a gap in this Agreement, the invalid provision or gap shall be replaced or filled by such other provision coming, if and to the extent legally permitted, as close as possible to what the parties hereto had intended.
6.3 Assignment. You may not assign this EULA. Any assignment made in contravention of this provision shall be null and void for all purposes.
6.4 Binding Effect. This EULA shall be binding on and inure to the benefit of the parties and their respective successors and permitted assigns/assignees.
6.5 Entire EULA. This EULA constitutes the entire EULA and understanding of the parties in respect to the subject matter contained herein, and supersedes all prior agreements, consents and understandings relating to such subject matter.
6.6 Headings. The headings in this EULA are for convenience only and shall not affect its interpretation.
End of EULA details
Last updated: 21st March 2014