End user agreement for Automatic Doctors Calls with Excel
Shift Schedules Product License. You must read this Product's license (this "license") carefully. By using this software, you are acknowledging that you have read and understand this license and are agreeing to be bound by its terms. If you do not agree to these terms, you may not use the software. 1 GRANT OF LICENSE. Shift Schedules hereby grants you (either an individual or an entity), the end user, the limited, non-transferable right to use this Excel spreadsheet and any accompanying electronic files and printed materials collectively the "Product"), on any single computer for evaluation in preparation for possible purchase subject to the restrictions on the Welcome sheet. You need to license the Product by purchasing the password that will remove the restrictions. If you wish to use this Product on multiple computers, a separate license must be obtained and dedicated to each computer where the Product will be used. It is understood that you will use the Product to generate employee schedules, and in this process, may create multiple copies of the spreadsheet, each covering a specific time-period for employees at a single geographic location. You may use separate copies of the program to schedule as many categories of employees (e.g. managers and workers) that are employed at a single location. If you wish to use this Product to prepare schedules for employees at multiple locations, a separate license must be obtained for each location. This License is your proof of license to exercise the rights granted herein and must be retained by you. Shift Schedules may terminate this License immediately if you fail to comply with any of the terms contained herein. 2. COPYRIGHT AND RESTRICTIONS. You have no ownership rights to the Product. The Product is owned by Shift Schedules and is distributed exclusively by Shift Schedules, and is protected by the United States copyright laws and international treaty provisions. Upon registration, you will be provided with a password to allow you to use the program. If a sheet is password protected, you will not be provided the password to unprotect the sheet. You may unprotect sheets that do not require a password. Shift Schedules retains all rights not expressly granted herein. You must therefore treat the Product like any other copyrighted material (e.g. a book or musical recording). The Product is licensed to you only for your use in your business and may not be used for any other commercial purposes whatsoever. You may not loan, rent, lease, give, sell, offer for sale, sublicense or otherwise transfer the Product, or any portion of the Product or anything incorporated therein to any third party, nor may you permit any other person to use the Product in exchange for remuneration. You agree not to translate, reverse engineer, disassemble or otherwise attempt to discover the scheduling logic used by the Product. Without limiting the generality of the foregoing restrictions, specifically you may not offer the Product on a pay-per-use basis or on a computer system or network to which you lease or rent access to others, electronically distribute the Product, or any portion of the Product or anything incorporated therein. 3. U.S. GOVERNMENT RESTRICTED RIGHTS. The Product, including all accompanying written materials, is provided with RESTRICTED RIGHTS. Use, duplication or disclosure by the Government or any person or entity acting on its behalf is subject to restrictions as set forth in subdivision (c)(1)(ii) of the Rights in Technical Data and Computer Software Clause at DFARS (48 CFR 252.227-7013) for DOD contracts, in paragraphs (c)(1) and (2) of the Commercial Computer Software-Restricted Rights clause in the FAR (48 CFR 52.227-19) for civilian agencies, or in the case of NASA, in Clause 18-52.227-86(d) of the NASA Supplement to the FAR, or in other comparable agency clauses. Publisher is Shift Schedules, 2874 E. Easy Jet Drive, Meridian, ID 83642. Distributed exclusively by Shift Schedules. 4. LIMITED WARRANTY. You expressly acknowledge and agree that use of the Product is at your sole risk. The Product is provided "as is" and without warranty of any kind, except that Shift Schedules warrants the software will perform substantially in accordance with the accompanying written materials. 5. NO OTHER WARRANTIES. Shift Schedules disclaims all other warranties, express, implied or, to the extent permissible by law, statutory, including all warranties of merchantability, fitness for a particular purpose and non-infringement, with respect to the Product. Neither Shift Schedules or it's agents warrant that the Product will satisfy all of your scheduling requirements or that the Product is without defect or error or that the operation of the Product will be uninterrupted. 6. CUSTOMER REMEDIES. Shift Schedules entire liability and your exclusive remedy shall be repair or replacement of the Product that does not meet the Limited Warranty set forth in Section 4, and that the faulty Product is returned to Shift Schedules with a copy of your receipt. In no event shall Shift Schedules liability with respect to this limited warranty exceed the cost of replacement of the Product. The Limited Warranty set forth in Section 4 is void if failure of the Product has resulted from accident, abuse, misapplication or any wrongful act by you. 7. LIMITATION OF LIABILITY. In no event shall Shift Schedules or its suppliers be liable for any damages whatsoever (including, without limitation, consequential, special, indirect, direct, incidental, loss of business profits, business interruption, loss of business information, or other pecuniary loss) arising out of the use or inability to use the Product, even if Shift Schedules has been advised of the possibility of such damages. Because some states and/or jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you. In no event shall Shift Schedules liability by operation of law, if any, be greater than the price you paid for the Product. The warranty and remedies set forth herein are exclusive and in lieu of all others, oral or written, statutory, express or implied. No dealer, distributor, agent or employee is authorized to make any modification or addition to this warranty. 8. GENERAL. This License sets forth the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior negotiations, understandings and agreements, whether written or oral, between the parties hereto concerning the subject matter hereof. The laws of the State of Idaho govern this License. This License is several. Should any provision of this License be held to be void, invalid or unenforceable, the remaining provisions hereof shall not be affected and shall continue in effect as though such unenforceable provision(s) have been deleted here from. The name of this License and the headings of the sections of this License are inserted merely for convenience and shall not be used or relied upon in or in connection with the construction or interpretation of this License. For more information about Shift Schedules licensing policies, please write: Shift Schedules, 2874 E. Easy Jet Drive, Meridian, ID 83642.attn.: Legal Affairs.