**END-USER LICENSE AGREEMENT (EULA) FOR PULSAR SOFTWARE**
**IMPORTANT – PLEASE READ CAREFULLY BEFORE USING THIS SOFTWARE:**
This End-User License Agreement (“Agreement”) is a legal agreement between you (either an individual or a single entity) and Quantum Medical SRL (“Company”) for the software product known as PULSAR, which includes associated software components, media, printed materials, and “online” or electronic documentation (“Software”). By installing, copying, or otherwise using the Software, 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 Software.
**1. GRANT OF LICENSE**
1.1 **License**. Subject to your compliance with the terms of this Agreement, the Company grants you a non-exclusive, non-transferable, revocable license to use the Software solely for your personal, non-commercial purposes.
1.2 **Restrictions**. You shall not, nor permit others to:
– Modify, adapt, translate, reverse engineer, decompile, or disassemble the Software.
– Create derivative works based on the Software.
– Use the Software for any unlawful or prohibited activities.
– Sublicense, rent, lease, or distribute the Software or any part thereof.
**2. INTELLECTUAL PROPERTY RIGHTS**
2.1 **Ownership**. The Software is licensed, not sold. The Company retains all right, title, and interest in and to the Software, including but not limited to all intellectual property rights therein.
2.2 **No Rights Granted**. Except as expressly provided in this Agreement, no license or rights are granted to you by implication, estoppel, or otherwise under any intellectual property rights of the Company or any third party.
**3. DISCLAIMER OF WARRANTIES**
3.1 **No Warranties**. THE SOFTWARE IS PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTY OF ANY KIND. THE COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
3.2 **No Guarantee**. THE COMPANY DOES NOT GUARANTEE, REPRESENT, OR WARRANT THAT THE SOFTWARE WILL BE FREE OF DEFECTS, VIRUSES, OR OTHER HARMFUL COMPONENTS, OR THAT ANY DEFECTS IN THE SOFTWARE WILL BE CORRECTED.
3.3 **Non-Reliance**. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE SOFTWARE IS AT YOUR SOLE RISK. THE COMPANY MAKES NO WARRANTY REGARDING THE USE OR THE RESULTS OF THE USE OF THE SOFTWARE IN TERMS OF ITS CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY THE COMPANY OR ITS AUTHORIZED REPRESENTATIVES SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THIS WARRANTY.
**4. LIMITATION OF LIABILITY**
4.1 **No Liability**. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE COMPANY BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR ANY OTHER PECUNIARY LOSS) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
4.2 **Cap on Liability**. IN ANY CASE, THE COMPANY’S ENTIRE LIABILITY UNDER ANY PROVISION OF THIS AGREEMENT SHALL BE LIMITED TO THE AMOUNT ACTUALLY PAID BY YOU FOR THE SOFTWARE.
4.3 **Acknowledgment**. YOU EXPRESSLY ACKNOWLEDGE THAT THE LIMITATION OF LIABILITY SET FORTH IN THIS SECTION IS AN ESSENTIAL ELEMENT OF THIS AGREEMENT AND THAT THE COMPANY WOULD NOT HAVE ENTERED INTO THIS AGREEMENT WITHOUT SUCH LIMITATION.
**5. INDEMNIFICATION**
5.1 **Indemnification**. You agree to indemnify, defend, and hold harmless the Company and its officers, directors, employees, agents, affiliates, and suppliers from and against any and all claims, liabilities, damages, losses, costs, expenses, fees (including reasonable attorneys’ fees), arising from or in connection with your use of the Software or your violation of this Agreement.
5.2 **Obligation**. This obligation shall survive the termination or expiration of this Agreement and your use of the Software.
**6. TERMINATION**
6.1 **Termination**. The Company may terminate this Agreement at any time without notice if you breach any term of this Agreement. Upon termination, you must immediately cease all use of the Software and destroy all copies of the Software in your possession or control.
6.2 **Survival**. The provisions of Sections 2, 3, 4, 5, and 8 shall survive the termination of this Agreement.
**7. UPDATES AND MODIFICATIONS**
7.1 **Updates**. The Company may, but is not obligated to, provide updates, enhancements, or modifications to the Software. Any such updates shall be subject to the terms of this Agreement.
7.2 **Modifications**. The Company reserves the right to modify or discontinue, temporarily or permanently, the Software or any part thereof, with or without notice.
**8. GOVERNING LAW AND JURISDICTION**
8.1 **Governing Law**. This Agreement shall be governed by and construed in accordance with the laws of [Your Country/State], without regard to its conflicts of law principles.
8.2 **Jurisdiction**. Any legal action or proceeding arising under this Agreement shall be brought exclusively in the courts located in [Your City/State], and you hereby irrevocably consent to the personal jurisdiction and venue therein.
**9. MISCELLANEOUS**
9.1 **Entire Agreement**. This Agreement constitutes the entire agreement between you and the Company concerning the Software and supersedes all prior or contemporaneous communications, agreements, and understandings, whether oral or written, with respect to the subject matter hereof.
9.2 **Severability**. If any provision of this Agreement is found to be invalid or unenforceable, the remainder of this Agreement shall remain in full force and effect, and the invalid or unenforceable provision shall be deemed modified so that it is valid and enforceable to the maximum extent permitted by law.
9.3 **Waiver**. No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term, and the Company’s failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision.
9.4 **Assignment**. You may not assign or transfer your rights or obligations under this Agreement without the prior written consent of the Company. The Company may assign this Agreement without your consent.
9.5 **Force Majeure**. The Company shall not be liable for any delay or failure to perform its obligations under this Agreement due to causes beyond its reasonable control, including but not limited to acts of God, war, terrorism, strikes, labor disputes, government actions, or failure of communication or internet service providers.
9.6 **Acknowledgment**. By downloading, installing, or using the Software, you acknowledge that you have read this Agreement, understand it, and agree to be bound by its terms and conditions.
**10. CONFIDENTIALITY**
10.1 **Confidential Information**. You agree to maintain the confidentiality of all non-public information disclosed to you by the Company in connection with this Agreement and the Software, including but not limited to trade secrets, business strategies, and product information.
10.2 **Use of Confidential Information**. You shall use such confidential information solely for the purpose of exercising your rights and performing your obligations under this Agreement and shall not disclose such information to any third party without the prior written consent of the Company.
**11. THIRD-PARTY SOFTWARE**
11.1 **Third-Party Software**. The Software may include third-party software components that are subject to separate license terms. You agree to comply with all such license terms.
**12. EXPORT RESTRICTIONS**
12.1 **Compliance with Laws**. You agree to comply with all applicable international and national laws that apply to the Software, including but not limited to the U.S. Export Administration Regulations, as well as end-user, end-use, and destination restrictions issued by U.S. and other governments.
**13. CONSENT TO USE OF DATA**
13.1 **Data Collection**. You agree that the Company may collect and use technical data and related information, including but not limited to technical information about your device, system, and application software, and peripherals, that is gathered periodically to facilitate the provision of software updates, product support, and other services to you related to the Software.
13.2 **Data Usage**. The Company may use this information, as long as it is in a form that does not personally identify you, to improve its products or to provide services or technologies to you.
**14. PRIVACY**
14.1 **Privacy Policy**. Your use of the Software is subject to the Company’s Privacy Policy, which is available at [Privacy Policy URL]. By using the Software, you consent to the collection and use of your information as outlined in the Privacy Policy.
**15. ADDITIONAL DISCLAIMERS**
15.1 **Medical Disclaimer**. THE SOFTWARE IS NOT INTENDED FOR USE IN THE DIAGNOSIS, CURE, MITIGATION, TREATMENT, OR PREVENTION OF DISEASE AND SHOULD NOT BE RELIED UPON AS A SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT. YOU SHOULD CONSULT WITH A QUALIFIED HEALTHCARE PROFESSIONAL BEFORE USING THE SOFTWARE OR MAKING ANY HEALTH-RELATED DECISIONS.
15.2 **No Endorsement**. THE COMPANY DOES NOT ENDORSE, WARRANT, OR GUARANTEE THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY INFORMATION PROVIDED THROUGH THE SOFTWARE.
**16. ADDITIONAL TERMS**
16.1 **Notice**. All notices required or permitted under this Agreement shall be in writing and shall be deemed given when delivered in person, sent by registered or certified mail (return receipt requested), or sent by email with confirmed receipt to the Company at the address provided on the Company’s website.
16.2 **Interpretation**. The headings in this Agreement are for convenience only and shall not affect the interpretation of this Agreement.
16.3 **Counterparts**. This Agreement may be executed in counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument.
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**BY CLICKING the “DOWNLOAD PULSAR HERE” or “DOWNLOAD PULSAR DEMO” button or the PULSAR icon YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS END-USER LICENSE AGREEMENT.**