These are the terms and conditions for use of CogState Sport.
1. Customer
1.1 References to 'Customer' include:
1.1.1 the person making this declaration;
1.1.2 each individual who utilizes CogState Sport to measure his or her cognition;
1.1.3 the sporting club, association or body that will submit and review tests on behalf of the individual described in 1.1.2 above.
1.2 By agreeing to these terms and conditions, you warrant that you are authorised to agree to the terms and conditions on behalf of the Customer.
2. Use of Name
2.1 The Customer agrees that CogState may name the Customer as a user of the CogState system.
3. Services
3.1 The services to be provided by CogState are limited to:
3.1.1 The supply of CogState Sport cognitive testing software, downloaded from the secure DataPoint® website, provided by CogState.
3.1.2 Scoring and analysis of CogState Sport baseline test data files. This analysis involves statistical comparison of each individual player's baseline test to CogState's proprietary normative database.
3.1.3 Scoring and analysis of CogState Sport post-concussion test data files. This analysis involves statistical comparison of each individual player's post-concussion test to the same player's baseline test stored on CogState's secure database.
3.1.4 Generation of a CogState Sport report in portable document format (pdf) for every baseline test submitted. These reports contain a summary of the clinical and demographic information entered at the time of testing, a textual summary of the athlete's baseline performance relative to a set of age, gender and education matched data derived from CogState's proprietary normative database, and a graphical representation of this comparison. The report will also contain recommendations for further testing should this be indicated by the statistical analysis undertaken.
3.1.5 Generation of a CogState Sport report in portable document format (pdf) for every post-concussion test submitted. These reports contain a summary of the clinical and demographic information entered at the time of testing, a textual summary of the athlete's post-concussion performance relative to their own performance on a prior baseline test, and a graphical representation of this comparison. The report will also contain recommendations for further testing should this be indicated by the statistical analysis undertaken.
3.1.6 The DataPoint® website will allow the Customer to upload CogState data over a secure internet site and immediately view data successfully transmitted. DataPoint® will summarize, using subject ID and session labels, all testing done by Customer, in real-time, throughout the season. DataPoint® will also display the date and time each test was started and which member of site staff supervised the test.
An internet connection is required for upload of data. CogState is not responsible for confirming the availability of an internet connection.
4. Conditions of Use
4.1 The Customer is licensed to use the CogState Sport software in connection with the Services detailed above.
4.2 CogState warrants that the CogState Sport software will provide the functions and facilities set out in, and will operate substantially in accordance with, the user manuals and online help files relating to it. Except as expressly set out in this agreement, all warranties relating to the CogState Sport software, whether expressed or implied, including but not limited to any implied warranties of merchantability and fitness for a particular purpose, are excluded to the fullest extent permitted by law.
4.3 In no event shall CogState Ltd be liable for any indirect or consequential loss or damage arising out of the use of, or inability to use, the CogState Sport software even if CogState Ltd has been advised of the possibility of such damages or claims.
4.4 It is the responsibility of the Customer to comply with all laws relating to privacy of personal information. CogState will assume that study subject identifiers used for labelling CogState test sessions are not personally identifying, and will have no liability in the event that the Customer does not follow this advice.
4.5 The Customer is responsible for providing suitable hardware (computers, headphones) and internet connection facilities.
4.6 The liability of CogState in respect of any and all claims arising out of or in connection with this Agreement in any calendar year shall not in the aggregate exceed the total amounts paid or payable by customer to CogState under this Agreement in respect of that calendar year.
5. Copyright & Intellectual Property Protection
5.1 The CogState Sport cognitive testing software is protected by copyright and is licensed to the Customer for use during the term of the Agreement.
5.2 The Customer is not obtaining title to the software or any copyright rights.
5.3 The Customer may not sublicense, rent, lease, convey, modify, translate, convert to any other programming language, decompile, or disassemble the software for any purpose.
5.4 The Customer may make as many copies of this software as needed for their purposes. The Customer may use this software on more than one computer.
5.5 CogStateTM is a registered trademark of CogState Ltd throughout the world.
5.6 Certain technologies in this software are the subject of patent protection in various countries.
6. Medical use of CogState Sport
6.1 CogState Sport is not licensed or approved for use by the US Food and Drug Administration (FDA) as a medical device. Use by the Department of Defence in any country is prohibited without specific prior arrangement with CogState Ltd.
6.2 By entering into this agreement, the Customer acknowledges that the CogState Sport product is intended only to aid qualified and registered medical practitioners make decisions regarding an individual's cognitive state and level of recovery after sports-related head injury and that other medical signs and symptoms and the results of other medical procedures must be considered in concert with the results of the CogState Sport product and that at all times the medical personnel are therefore liable for any consequences of incorrect medical decisions and diagnoses made by them.
7. Trademarks
7.1 CogState Sport, CogState, CogHealth and CogService are registered Trademarks of CogState Ltd.
8. Governing Law
8.1 This contract is subject to the laws of Victoria, Australia.
