SOLEXUS HEALTH SYSTEMS END USER LICENSE AGREEMENT
ParallaxMind.com Audio Store
ParallaxMind™ Members Monthly Membership Community
Copyright © 2019 Solexus Health Systems. All Rights Reserved.
IMPORTANT: READ CAREFULLY: This End User License Agreement (“EULA”) is a legal agreement between YOU as Licensee and Solexus Health Systems for the SOFTWARE MEMBERSHIP PRODUCTS identiﬁed above. By downloading, installing, copying, loading, or otherwise using the SOFTWARE PRODUCT, YOU agree to be bound by the terms of this EULA. If YOU do not agree to the terms of this EULA, promptly delete the SOFTWARE PRODUCT from your system(s). The copyright in the SOFTWARE PRODUCT and its documentation is owned by Solexus Health Systems. Subject to the terms of this EULA, YOU are granted a non-exclusive right for the duration of the EULA to use the SOFTWARE PRODUCT. YOU do not acquire ownership of copyright or other intellectual property rights in any part of the SOFTWARE PRODUCT by virtue of this EULA. Your use of this digital software indicates your acceptance of this EULA and warranty.
In this End User License Agreement, unless the contrary intention appears, “EULA” means this End User License Agreement.
” Solexus ” means Solexus Health Systems. ” Licensee ” means YOU the end user, or the organization (if any) on whose behalf YOU are accepting the EULA. ” PMMM “, and ” ParallaxMind Members Monthly Member ” means the membership level/edition of the SOFTWARE PRODUCT which is available for purchase from the web site: http://www.ParallaxMind.com, and ” ParallaxMind Audio Store ” means any product or service purchased through the online audio store, where individual or bundled “SOFTWARE PRODUCTS” can be purchased. “SOFTWARE PRODUCT” or “SOFTWARE” means ParallaMind Audio Technology™, Parachrons Audio Technology™, Autonomix Quiet Affirmations Audio Technology™ which includes computer software and associated media, soundtracks, and printed materials, .mp3s, .mov, .wmv, .avi videos, .pdf, .doc, .zip, and may include various online or electronic documentation formats. “Support Services” means email based support provided by Solexus, including advice on usage of ParallaxMind, investigation of customer service issues, trouble shooting of the website if and when appropriate and general product support is needed. ” Trial Levels/Periods/Editions of ParallaxMind Members Monthly ” means the trial access of the SOFTWARE PRODUCTS which is 7 and 14 day trial periods.
GRANT OF LICENCE
In accordance with the terms of this EULA YOU are granted the following rights:
a) to login, download, and install and use one copy of the SOFTWARE PRODUCT, or in its place, any prior version for the same membership edition, on a single computer.
b) to store or install a copy of the SOFTWARE PRODUCT on a storage device, such as a personal .mp3 audio playback device, used only to playback or listen to the SOFTWARE PRODUCT. If YOU wish to increase the number of users entitled to access the SOFTWARE PRODUCT, YOU must notify Solexus and agree to pay any additional PMMM membership fees.
c) to record one personal copy to audio cd-roms of the SOFTWARE PRODUCT for backup, archival, and audio playback, private listening purposes.
The Trial Memberships and audio demonstrations of PMMM and ParallaxMind Audio Store are not free software. Subject to the terms of this agreement, YOU are hereby licensed to use this software for personal growth purposes without charge for the management of up to 7 days, and 14 days depending on the current trial period being offered. The Trial and audio demonstration versions of PMMM and ParallaxMind Audio Store are provided to the potential customer so that the customer can ensure the product works for their intended purposes and personal growth endeavors. If the software does not work as advertised, the customer must contact Solexus support (firstname.lastname@example.org) in order to resolve any problems before a refund will be considered. Refunds will not be given to customers after 56 days for a PMMM Membership, and 90 days for a ParallaxMind Audio Store product.
If YOU choose to use this software as a Free Membership Trial Offer, a PMMM membership must be purchased (as described at http://www.ParallaxMind.com). Upon payment of the membership level fee YOU choose, this EULA becomes immediately binding.
ADDITIONAL RIGHTS AND LIMITATIONS
YOU hereby undertake not to sell, rent, lease, translate, adapt, vary, modify, decompile, disassemble, reverse engineer, create derivative works of, modify, sub-license, loan or distribute the SOFTWARE PRODUCT other than as expressly authorised by this EULA. YOU further undertake not to reproduce or distribute PMMM user login data except under the express and written permission of Solexus.
YOU may not assign all your rights and obligations under this EULA to another party at any time.
Without prejudice to any other rights, Solexus may terminate this EULA if YOU fail to comply with the terms and conditions. Upon termination YOU or YOUR representative shall destroy all copies of the SOFTWARE PRODUCT and all of its component parts and materials or otherwise return or dispose of such material in the manner directed by Solexus.
WARRANTIES AND LIABILITY
Solexus warrants that the SOFTWARE PRODUCT will perform substantially in accordance with the accompanying written materials for a period of three hundred sixty five (365) days from the date of receipt, and any Support Services provided by Solexus shall be substantially as described in applicable written materials provided to YOU by Solexus, and Solexus support staff will make commercially reasonable efforts to solve any problems associated with the SOFTWARE PRODUCT.
To the maximum extent permitted by law, Solexus excludes, for itself and for any supplier of software incorporated in the SOFTWARE PRODUCT, all liability for all claims, expenses, losses, damages and costs made against or incurred or suffered by YOU directly or indirectly (including without limitation lost costs, proﬁts and data) arising out of:
• YOUR use or misuse of the SOFTWARE PRODUCT;
• YOUR inability to use or obtain access to the SOFTWARE PRODUCT;
• Negligence of Solexus or its employees, contractors or agents, or of any supplier of software incorporated in the SOFTWARE PRODUCT, in connection with the performance of Solexus obligations under this EULA; or
• Termination of this EULA by either party for any reason.
The SOFTWARE PRODUCT and any documentation are provided “AS IS” and all warranties whether express, implied, statutory or otherwise, relating in any way to the subject matter of this EULA or to this EULA generally, including without limitation, warranties as to: quality, ﬁtness; merchantability; correctness; accuracy; reliability; correspondence with any description or sample, meeting your or any other requirements; uninterrupted use; compliance with any relevant legislation and being error or virus free are excluded. Where any legislation implies in this EULA any term, and that legislation avoids or prohibits provisions in a contract excluding or modifying such a term, such term shall be deemed to be included in this EULA.
However, the liability of Solexus for any breach of such term shall if permitted by legislation be limited, at Solexus’s option to any one or more of the following upon return of the SOFTWARE PRODUCT and a copy of the receipt.
If the breach relates to the SOFTWARE PRODUCT:
• the replacement of the SOFTWARE PRODUCT or the supply of an equivalent SOFTWARE PRODUCT; or
• the repair of such SOFTWARE PRODUCT and website functionality; or
• the payment of the cost of replacing the SOFTWARE PRODUCT or of acquiring an equivalent SOFTWARE PRODUCT; or
• the payment of the cost of having the SOFTWARE PRODUCT and website functionality repaired;
If the breach relates to services in relation to the SOFTWARE PRODUCT:
• the supplying of the services again; or
• the payment of the cost of having the services supplied again.
All names of products and companies used in this EULA, the SOFTWARE PRODUCT, or the enclosed documentation may be trademarks of their corresponding owners. Their use in this EULA is intended to be in compliance with the respective guidelines and licenses. WordPress.com, DigitalAccessPass.com, GoDaddy.com are trademarks of their respective owners, registered in the U.S. and other countries.
This agreement shall be construed in accordance with the laws of the Commonwealth of the United States of America.