End user agreement for Medical Database Seven
END-USER LICENSE AGREEMENT FOR
Medical Database Seven
Copyright (C) 2009 - 2012 Biosoftworld
This End-User License Agreement (“License”) is a legal agreement between you (“User”) and Biosoftworld, (“Biosoftworld”) for Medical Database «Seven» software (the “Software"). By using the Software, User agrees to be bound by the terms and conditions either set forth herein or set forth in another valid license agreement obtained during purchase of the Software. This agreement covers all software that is distributed under the name of Medical Database «Seven». Biosoftworld grants you as an individual, a personal, nonexclusive license to install and use Software for the sole purpose of assisting you in your medical practice. If you are an entity, you must designate one individual within your organization to license the right to use Software in the manner provided herein.
By installing, copying, or otherwise using Software, you agree to be bound by the terms of this EULA. If you do not agree to any part of the terms of this EULA, do not install, use, distribute, or replicate in any manner, any part, file or portion of Software. Immediately delete Software and all related files and destroy the distribution disk(s).
Software is licensed, not sold. If the licensed right of use for Software is acquired by you with any intent to reverse engineer, decompile, create derivative works, and the exploitation or unauthorized transfer of, any of Biosoftworld’s intellectual property and trade secrets, to include any exposed methods or source code where provided, no licensed right of use shall exist, and any product(s) created as a result shall be judged illegal by definition of all applicable law. Any sale or resale of intellectual property or created derivatives so obtained will be prosecuted to the fullest extent of all local, federal and international law.
Professional edition of software requires activation and will only operate for a finite trial period of time prior to Software activation by you. During activation, you will provide your unique Serial key accompanying the Software purchase receipt. If you do not complete the activation within the finite period of time, the Software will cease to function as professional edition until activation is complete, which will restore professional edition functionality. However if you don't activate the software you can always use the lite edition functionality.
All right, title and interest in and to the copyrights and patents embodied in the Software (including any images, text, and medical terms incorporated into the Software), accompanying printed materials, and any copies User is permitted to make herein are owned by Biosoftworld or its licensor. You may not reverse engineer, decompile, create derivative works, modify, translate, or disassemble Software. You agree to take all reasonable, legal and appropriate measures to prohibit the illegal dissemination of Software or any of its constituent parts and redistributables to the fullest extent of all applicable local, and International Laws and Treaties regarding anti-circumvention, including but not limited to, the Geneva and Berne World Intellectual Property Organization (WIPO) Diplomatic Conferences. Biosoftworld acknowledges that ICD-9-CM codes are produced by the United States government and are therefore in the public domain.
2. Granting of license
This EULA, if legally executed as defined herein, licenses and so grants the single individual End User the following rights: You may install and use one copy of Software, or any prior version legally licensed for the same operating system, on a single computer.
For network use, User, must buy additional license keys of Medical Database «Seven», used only to install or run Software on your other computers over an internal network. A license for Software may not be shared or used concurrently on different computers by more than one User.
The LITE edition of SOFTWARE is a FREEWARE and may be used by the USER for any legal purposes for an unlimited period on unlimited number of computers without any restrictions. The LITE edition of SOFTWARE is fully functional and does NOT contain any ADWARE or SPYWARE.
After installation of the Software pursuant to this License, User may keep the original media on which the Software was provided (or retain a backup copy if the Software was downloaded from the Internet) solely for archival purposes or for reinstallation of the Software in accordance with the terms of this License. In addition, User shall be permitted to make one backup copy of the Software solely for archival purposes.
Software is licensed as a single product. Software and its constituent parts and any provided redistributables may not be reverse engineered, decompiled, disassembled or separated for use on more than one computer (unless on the same local area network), nor placed for distribution, sale, or resale as individual creations by the User. All Software libraries, source code, redistributables and other files remain Biosoftworld’s exclusive property. The provision of source code, if included with Software, does not constitute transfer of any legal rights to such code, and resale or distribution of all or any portion of all source code and intellectual property will be prosecuted to the fullest extent of all applicable local, federal and international laws. Software is not for resale. You may not resell, distribute, or otherwise transfer for value or benefit in any manner, Software. You may not transfer, rent, lease, lend, copy, modify, translate, sublicense, time-share or electronically transmit Software media or documentation. This also applies to any and all files.
If Software is labeled as an upgrade, you must be properly licensed to use a product identified by Biosoftworld as being eligible for the upgrade in order to use Software. A software product labeled as an upgrade replaces and/or supplements the software product that formed the basis for your eligibility for the upgrade, and together constitute a single product. You may use the resulting upgraded product only in accordance with all the terms of this EULA.
You may not rent, lease, or lend Software. Without prejudice to any other rights or remedies, Biosoftworld will terminate this EULA upon your failure to comply with all the terms and conditions of this EULA. In such events, you must destroy all copies of Software and all of its component parts including any related documentation, and must remove ANY and ALL use of such technology immediately from your computer(s) and network. Biosoftworld may immediately terminate this License if User breaches any provision of this License. Upon termination, User must immediately cease use of the Software and, at the option of Biosoftworld, User shall destroy all Software copies, and shall certify in writing that all such copies have been destroyed.
6. Limited warranty
Biosoftworld expressly disclaims any warranty for Software. Software and any related documentation is provided “as is” without warranty of any kind. The entire risk arising out of use or performance of Software remains with you. To the maximum extent permitted by applicable law, in no event shall Biosoftworld be liable for any special, incidental, indirect, or consequential damages whatsoever (including, without limitation, damages for any adverse event affecting patient(s), damages for loss of business profits, business interruption, loss of business information, or any other pecuniary loss) arising out of the use of or inability to use Software or the provision of or failure to provide support services, even if Biosoftworld has been advised of the possibility of such damages.
There is no warranty that the medical codes and terminology distributed with the program is correct and Biosoftworld takes no responsibility for any error that may occur as a result of using that data. The codes and terminology may not conform to current standards of practice in your state, province, or country.
Biosoftworld's entire liability and your exclusive remedy shall be, at Biosoftworld's option, either (a) return of the price paid, or (b) repair or replacement of Software, provided that proof of purchase is given. This Limited Warranty is void if failure of Software has resulted from accident, abuse, or misapplication.
7. Support services
Biosoftworld may provide you with support services related to Software ("Support Services"). Use of Support Services is governed by Biosoftworld’s policies and programs described in "on line" documentation. Any supplemental software product(s) provided to you as part of the Support Services shall be considered part of Software and subject to the terms and conditions of this EULA. With respect to technical information you provide to Biosoftworld as part of the Support Services, Biosoftworld may use such information for its business purposes, including for product support and development. Biosoftworld will not utilize such technical information in a form that personally identifies you or any of your patients.
8. General considerations
You may not permanently transfer any of your rights under this EULA.
Biosoftworld reserves all rights not specifically granted in this EULA. This EULA may only be modified in writing signed by you and Biosoftworld. If any provision of this EULA is found void or unenforceable, the remainder will remain valid and enforceable according to its terms. If any remedy provided is determined to have failed for its essential purpose, all limitations of liability and exclusions of damages set forth in the Limited Warranty shall remain in effect. You, as the User, agree and ascend to the adherence to all applicable international treaties regarding copyright and intellectual property rights which shall also apply. In addition, you, as User, agree that any local law(s) to the benefit and protection of Biosoftworld ownership of, and interest in, its intellectual property and right of recovery for damages thereto will also apply.
User acknowledges that he or she has read this Agreement, understands it, and agrees to be bound by its terms and conditions.
Should you have any questions concerning this EULA, or if you desire to contact Biosoftworld for any reason, please contact Biosoftworld at firstname.lastname@example.org.