Name of Practice: Sonic Learning (the “Practice”)
The Cogmed®JM / Cogmed® RM / Cogmed® QM (, the “Software”) being sublicensed is proprietary and under license to the Practice from Pearson Australia Group Pty Ltd (ABN 40 004 245 943) (“PAG”).
This End User License Agreement (this “Agreement”) is a legal agreement between you (either an individual or for a minor your parent or legal guardian) (the “End User” or “You”) and the Practice for Your use of the Software, including accompanying documentation.
BY USING THE SOFTWARE, YOU AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT, AND YOU PROMISE THAT YOU WILL COMPLY WITH YOUR OBLIGATIONS AS SET OUT BELOW. IF YOU DO NOT AGREE TO THE TERMS OF THIS END USER LICENSE AGREEMENT, DO NOT USE OR COPY THE SOFTWARE. INSTEAD, PROMPTLY CONTACT YOUR PRACTICE PROFESSIONAL.
ANY USE OF THE SOFTWARE WILL CONSTITUTE YOUR AGREEMENT TO THE TERMS AND CONDITIONS SET OUT BELOW AND ANY FEES PAID BY YOU BECOME NON-REFUNDABLE UPON SUCH USE.
The Software is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. The Software is being licensed to the Practice and sublicensed to you, not sold. All rights are reserved. PAG continues to own all rights of authorship, including all copyright, trade secret, patent and other proprietary rights, in the Software and other content provided to you and all other copies of such items that You are authorized by this Agreement to make. You must not delete, obfuscate or alter in any manner the copyright and other proprietary legends of PAG.
The Practice grants to End User a limited, nonexclusive, non-transferable, revocable license to access the Software on 1 CPU, solely for personal purposes, and related documentation, subject to the requirements in this End User License Agreement.
Restrictions on Use
End User must not copy the Software. End User may not sublicense, distribute, timeshare, transfer, alter, modify, prepare derivative works of, or publicly display the Software, in whole or in part. End User agrees not to decompile, reverse engineer, disassemble, decrypt, or create derivative works based on the Software. Certain additional restrictions on use may apply, as specified in the Software documentation, as amended from time to time by PAG.
Reservation of Rights
As between the Practice and End User, the Practice reserves all rights, title, and interest in and to the Software not explicitly licensed to you, including without limitation all copyrights, patents, and other proprietary rights.
Consent to Use Data
Subject to applicable law, you acknowledge and agree that the Practice, PAG and its Affiliates may collect de-identified data from the data You provide by means of Your use of the Software and may aggregate such de-identified data with deidentified data from other end users. Neither PAG nor its Affiliates will use or disclose such data (aggregated or otherwise) in any manner that may result in disclosure of Your or any other end user’s identity and any such use or disclosure of de-identified aggregated data must comply with all applicable law.
Warranty, Limitation of Liability
Except as expressly set out in this Agreement or as required by law the Software is provided “as is” and to the maximum extent allowed by law without warranty of any kind. To the maximum extent permitted by section 64A of the Australian Consumer Law (set out in Schedule 2 of the Competition and Consumer Act 2010), if the goods or services provided to You under this Agreement are not of a kind ordinarily acquired for personal, domestic or household use or consumption the Practice and PAG each limit their liability at their discretion to:
(i) in the case of goods to the replacement of the goods or the supply of equivalent goods; and
(ii) in the case of services to the supplying of the services again or the payment of the cost of having the services supplied again.
To the maximum extent permitted by law, in no event will the Practice, PAG, or their respective Affiliates be liable for indirect, incidental or consequential loss or damage suffered or incurred by You regardless of the theory of liability (including without limitation product liability, negligence, breach of contract or statutory violation) arising from or in connection with working memory training, the provision of services by the Practice to You, or any actions of End User to himself or herself or to others or the delivery or performance of the Software.
As a condition of being granted this licence, you hereby release the Practice, PAG, and their respective Affiliates from all obligations, liability, claims or demands arising from personal injury to yourself or others and relating to Your use of the Software, participation in the training program, or any underlying medical condition of Yours.
You promise to do your best to comply with the requirements of the training program as set out by Your Cogmed Qualified Coach.