Sales contract
Forma Mentis® System
EEG Device and Software Licence. This Contract governs the sale of the Forma Mentis® system, composed of an EEG device and the proprietary software for the acquisition, processing and visualisation of electroencephalographic signals.
Subject of the sale
The Seller sells to the Buyer the following system:
- 1 × Forma Mentis® EEG device;
- licence to use the proprietary Forma Mentis® software;
- accessories required for the operation of the device;
- user manual and technical documentation in digital format.
Price
Payment terms as agreed between the parties and stated on the invoice.
Title to the system passes to the Buyer only upon full payment of the price.
Delivery
Software licence
The sale includes a licence to use the Forma Mentis® software, granted on a non-exclusive and non-transferable basis.
The Buyer undertakes not to:
- copy the software;
- modify or alter it;
- decompile it or perform reverse engineering;
- distribute, sublicense or resell it without the Seller's prior written consent.
Warranty
The Forma Mentis® device is covered by a warranty of 12 (twelve) months from the delivery date, limited to manufacturing defects and malfunctions not caused by improper use.
The warranty does not cover damage resulting from non-compliant use, drops, impacts, liquid ingress, tampering, repairs carried out by unauthorised personnel, or normal wear and tear of components.
Support
Annual maintenance plan
Dedicated maintenance service for the Forma Mentis® System.
An annual device-maintenance plan is available, including the following services:
- updates to the Forma Mentis® software;
- resolution of technical issues and system malfunctions;
- addition of new themes and generative content.
Failure to renew the plan results in the suspension of the services listed above, without prejudice to the ownership of the licence granted under Art. V.
Limitation of liability
The Forma Mentis® System is a technological tool intended for the acquisition and processing of EEG signals.
Unless otherwise expressly certified or indicated, the system does not replace the assessment of a qualified professional and must not be used as the sole tool for formulating medical diagnoses.
Intellectual property
Governing law and jurisdiction
This Contract is governed by Italian law.
Any dispute arising from the interpretation or execution of this Contract shall be subject to the exclusive jurisdiction of the Court of .
Signature
The Parties declare that they have read, understood and fully accepted the terms above. This contract becomes binding upon signature.
Pursuant to and for the purposes of arts. 1341 and 1342 of the Italian Civil Code, the Buyer specifically approves the clauses set out in articles: V (Software licence), VI (Warranty), VIII (Annual maintenance plan), IX (Limitation of liability), XI (Jurisdiction).