White Matter LLC Software License Agreement

These license terms are an agreement between White Matter and you. Please read them carefully.

1. Definitions
The term Software includes the nanoZ application, its components and documentation, as well as the nanoZ Matlab SDK. NanoZ Matlab SDK consists of multiple versions of the nanoZ MEX access library, example scripts and supplemental source code (.m-files), and documentation.

2. Grant of License
If you obtained the Software from White Matter or one of its authorized distributors, subject to the terms and conditions of this agreement, White Matter grants you a non-exclusive license to reproduce, install and use the Software on any number of computers.

3. Redistribution
You may not redistribute the Software or publish it for others to copy, except if expressly permitted to do so by this Agreement. You are permitted to distribute and create derivative works based upon .m-files which are parts of the nanoZ Matlab SDK, if you comply with the terms below:
you must add significant primary functionality to it in your programs;
you must display your valid copyright notice on your programs;
you will indemnify, defend and hold harmless White Matter and its suppliers from any claims, including attorney's fees, related to the distribution or use of your programs;
you will not alter any copyright or trademark notice in the files you distribute;
you will not use White Matter or its distributors' trademarks in a way that suggests your programs come from or are endorsed by White Matter or its distributors.

4. No Modification or Reverse Engineering.
You may not modify, adapt, translate or create derivative works based upon the Software, except .m-files which are included with the nanoZ Matlab SDK. You will not reverse engineer, decompile, disassemble or otherwise attempt to reveal the source code of the Software except to the extent you may be expressly permitted to do so under applicable law.

5. Transfer.
You may not rent, lease or sublicense the Software. You may transfer all your rights to use the Software to another person or legal entity provided that: (a) you retain no copies of the Software, and (b) the receiving party accepts the terms and conditions of this agreement and any other terms and conditions upon which you obtained a valid license to the Software.

6. Intellectual Property Ownership, Reservation of Rights.
The Software and any authorized copies that you make are the intellectual property of White Matter. The Software is protected by law, including copyright laws. All rights not expressly granted in this Agreement are reserved by White Matter.

7. Severability
If any part of this agreement is found void and/or unenforceable, it will not affect the validity of the balance of this agreement, which shall remain valid and enforceable according to its terms.

8. Termination
You may terminate your License at any time by erasing all copies of the software you possess. White Matter may terminate your License if you fail to comply with the terms and conditions of this agreement. In such event, you must erase all copies of the Software and all of its component parts.

9. Limited Warranty
EXCEPT AS OTHERWISE RESTRICTED BY LAW, WHITE MATTER MAKES NO WARRANTY, REPRESENTATION OR PROMISE NOT EXPRESSLY SET FORTH IN THIS LIMITED WARRANTY. WHITE MATTER DISCLAIMS AND EXCLUDES ANY AND ALL IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE OR FITNESS FOR A PARTICULAR PURPOSE. WHITE MATTER DOES NOT WARRANT THAT THE SOFTWARE OR ASSOCIATED DOCUMENTATION WILL SATISFY YOUR REQUIREMENTS OR THAT THE SOFTWARE AND DOCUMENTATION ARE WITHOUT DEFECT OR ERROR OR THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR FREE OR THAT DEFECTS IN THE SOFTWARE WILL BE CORRECTED. Some states do not allow limitations on how long an implied warranty lasts, so the above limitation may not apply to you. 

10. Limitation of Liability
EXCEPT AS OTHERWISE RESTRICTED BY LAW, WHITE MATTER AGGREGATE LIABILITY ARISING FROM OR RELATED TO YOUR USE OF THE SOFTWARE, ASSOCIATED DOCUMENTATION IS LIMITED TO THE TOTAL OF ALL PAYMENTS MADE BY YOU FOR THE NANOZ HARDWARE, SOFTWARE AND DOCUMENTATION. NEITHER WHITE MATTER NOR ANY OF ITS SUPPLIERS SHALL IN ANY CASE BE LIABLE FOR ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL, INDIRECT OR PUNITIVE DAMAGES EVEN IF ADVISED OF THE POSSIBILITY OF THOSE DAMAGES. NEITHER WHITE MATTER NOR ANY OF ITS SUPPLIERS ARE RESPONSIBLE FOR LOST PROFITS OR REVENUE, LOSS OF USE OF SOFTWARE, LOSS OF DATA, COSTS OF RE-CREATING LOST DATA, OR THE COST OF ANY SUBSTITUTE EQUIPMENT OR PROGRAM.
