End user agreement for Patient Information Management
IMPORTANT-READ CAREFULLY: This End-User License Agreement ("EULA") is a legal agreement between the user and ABIS Incorporated for the ABIS software P.I.M. , which includes computer software and may include associated media, printed materials, and "online" or electronic documentation ("Patient Information Management (P.I.M.) "). An amendment or addendum to this EULA may accompany the Product. YOU AGREE TO BE BOUND BY THE TERMS OF THIS EULA BY INSTALLING, COPYING, OR OTHERWISE USING THE PRODUCT. IF YOU DO NOT AGREE, DO NOT INSTALL OR USE THE PRODUCT; IF YOU HAVE INSTALLED AND PAID FOR THIS SOFTWARE AFTER THE FREE TRIAL HAS EXPIRED; YOU ARE NOT ENTITLED TO A REFUND. In addition, by installing, copying, or otherwise using subscription updates that you receive as part of the Product ("UPDATES"), you agree to be bound by the additional license terms that accompany such UPDATES. If you do not agree to the additional license terms that accompany such UPDATES, you may not install, copy, or use such UPDATES.
P.I.M. is Licensed through ABIS, Incorporated.
1. Applicability Of License. Depending on the subscription level you have chosen, the Product may consist of product documentation, sample applications, books and periodicals, tools and utilities, miscellaneous technical information, operating systems, development toolkits, server applications, and development tools (each, a "COMPONENT," and collectively "COMPONENTS," of the Product); the Product may include groups of COMPONENTS identified as any one or more of the following: Library, Platforms, Server Products, Applications, and Developer Tools. This EULA defines your rights to the COMPONENTS you have elected to receive as part of your subscription to the P.I.M. Program.
2. General Grant of License. In general, for each license you have acquired for the Product, one individual is authorized to use the Product according to the terms of this EULA. Unless expressly stated otherwise, the Product may not be separated for use by more than the one individual authorized to use the Product. A single subscription through the P.I.M. program may have multiple licenses to use the Product associated with that subscription; nonetheless, each license must be dedicated to use of the Product by one individual. Specifically:
a. If you are an individual, ABIS grants to you as an individual a personal, nonexclusive license to make and use copies of the Product in accordance with the terms of this EULA, provided that you are the only individual using the Product.
b. If you are an entity, ABIS grants to you the right to designate one individual within your organization to have the sole right to make and use copies of the Product in accordance with the terms of this EULA.
c. If you are an entity and have acquired this EULA as part of a ABIS Open License Pack, ABIS grants to you the right to designate one individual per license (i.e., on a one-for-one basis) within your organization to have the sole right under each such license to make and use copies of the Product in accordance with the terms of this EULA.
Effect of Licenses contained in COMPONENTS. COMPONENTS that you receive as part of the Product may have their own licenses (each, a "Component Agreement"). In the event of inconsistencies between this EULA and any Component Agreement, the terms of the Component Agreement shall control except in the following instances:
a. For all of the Product, Section 4 of this EULA shall control.
4. Additional Rights And Limitations-General.
Limitation On Reverse Engineering, Decompilation, and Disassembly. You may not reverse engineer, decompile, or disassemble the Product, except and only to the extent that it is expressly permitted by applicable law notwithstanding this limitation.
Termination. Without prejudice to any other rights, ABIS may cancel this EULA if you do not abide by the terms and conditions of this EULA, in which case you must destroy all copies of the Product and all of its component parts.
Consent To Use Of Data. You agree that ABIS and its affiliates may collect and use technical information you provide as a part of support services related to the Product. ABIS agrees not to use this information in a form that personally identifies you.
Not For Resale Software. Product identified as "Not for Resale" or "NFR" may not be resold, transferred, or used for any purpose other than demonstration, test, or evaluation.
Academic Edition Software. To use Product identified as "Academic Edition" or "AE," you must be a "Qualified Educational User." For qualification-related questions, please contact the ABIS Sales Information Center/ 9511 Meadow Grove Court, Burke, Virginia 22015.
Export Restrictions. You acknowledge that the Product is of U.S. origin. You agree to comply with all applicable international and national laws that apply to the Product, including the U.S. Export Administration Regulations, as well as end-user, end-use and destination restrictions issued by U.S. and other governments. For additional information see http://www.abistech.com/.
Software Transfer. You may permanently transfer all of your rights under this EULA, provided you retain no copies, you transfer all of the Product (including all COMPONENTS, UPDATES, the media and printed materials, any upgrades, and this EULA), you provide ABIS notice of your name, company, and address and the name, company, and address of the person to whom you are transferring the rights granted herein, and the recipient agrees to the terms of this EULA. If the Product is an upgrade, any transfer must include all prior versions of the Product. If the Product is received as part of a subscription, any transfer must include all prior deliverables of Product and all other subscription deliverables.
Separation of COMPONENTS. The Product is licensed as a single product. Its COMPONENT parts may not be separated for use by more than one user (or for use on more than one computer for Server Software).
Production Use. The Product may only be used for development purposes as described in this EULA and may not be used in a production environment, unless such use is allowed under the terms of the Component Agreement delivered with the respective COMPONENT and is not superseded by Section 3 of this EULA.
Prerelease Code. Portions of the Product may be identified as prerelease code ("Prerelease Code"). Such Prerelease Code is not at the level of performance and compatibility of the final, generally available product offering. The Prerelease Code may not operate correctly and may be substantially modified prior to first commercial shipment. ABIS is not obligated to make this or any later version of the Prerelease Code commercially available. The grant of license to use Prerelease Code expires upon availability of a commercial release of the Prerelease Code from ABIS.
Update License Terms. All UPDATES shall be considered part of the Product and subject to the terms and conditions of this EULA. Additional license terms may accompany UPDATES (as defined in the first paragraph of this EULA). By installing, copying, or otherwise using any UPDATE, you agree to be bound by the terms accompanying each such UPDATE. If you do not agree to the additional license terms accompanying such UPDATES, do not install, copy, or otherwise use such UPDATES.
General. ABIS grants you, a personal, nonexclusive license to make and use up to 1 copie of each of the software programs contained in the COMPONENTS included in the P.I.M. Program described in the heading to this subsection for the sole purposes of designing, developing, testing and demonstrating your software product(s). In addition, solely with respect to the ABIS Office COMPONENT, ABIS further grants you, as an individual, a personal, nonexclusive license to make, use, and install one additional copy of ABIS Office on a single computer for general business purposes provided that you are the only individual using such copy of ABIS.
DISCLAIMER OF WARRANTIES. The Limited Warranty referenced below is the only express warranty made to you and is provided in lieu of any other express warranties (if any) created by any documentation or packaging. Except for the Limited Warranty and to the maximum extent permitted by applicable law, ABIS and its suppliers provide the Product and support services (if any) AS IS AND WITH ALL FAULTS, and hereby disclaim all other warranties and conditions, either express, implied, or statutory, including, but not limited to, any (if any) implied warranties, duties or conditions of merchantability, of fitness for a particular purpose, of accuracy or completeness of responses, of results, of workmanlike effort, of lack of viruses, and of lack of negligence, all with regard to the Product, and the provision of or failure to provide support services. ALSO, THERE IS NO WARRANTY OR CONDITION OF TITLE, QUIET ENJOYMENT, QUIET POSSESSION, CORRESPONDENCE TO DESCRIPTION OR NON-INFRINGEMENT WITH REGARD TO THE PRODUCT.
EXCLUSION OF INCIDENTAL, CONSEQUENTIAL, AND CERTAIN OTHER DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL ABIS OR ITS SUPPLIERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS OR CONFIDENTIAL OR OTHER INFORMATION, FOR BUSINESS INTERRUPTION, FOR PERSONAL INJURY, FOR LOSS OF PRIVACY, FOR FAILURE TO MEET ANY DUTY INCLUDING OF GOOD FAITH OR OF REASONABLE CARE, FOR NEGLIGENCE, AND FOR ANY OTHER PECUNIARY OR OTHER LOSS WHATSOEVER) ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF OR INABILITY TO USE THE PRODUCT, THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES, OR OTHERWISE UNDER OR IN CONNECTION WITH ANY PROVISION OF THIS EULA, EVEN IN THE EVENT OF THE FAULT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, BREACH OF CONTRACT, OR BREACH OF WARRANTY OF ABIS OR ANY SUPPLIER, AND EVEN IF ABIS OR ANY SUPPLIER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
LIMITATION OF LIABILITY AND REMEDIES. Notwithstanding any damages that you might incur for any reason whatsoever (including, without limitation, all damages referenced above and all direct or general damages), the entire liability of ABIS and any of its suppliers under any provision of this EULA and your exclusive remedy for all of the foregoing (except for any remedy of repair or replacement elected by ABIS with respect to any breach of the Limited Warranty) shall be limited to the greater of the amount actually paid by you for the Product or U.S.$5.00. The foregoing limitations, exclusions, and disclaimers (including Sections 9 and 10 above and as stated in the Limited Warranty) shall apply to the maximum extent permitted by applicable law, even if any remedy fails its essential purpose.
ENTIRE AGREEMENT. This EULA (including any addendum or amendment to this EULA which is included with the Product) are the entire agreement between you and ABIS relating to the Product and the Support Services (if any) and they supersede all prior or contemporaneous oral or written communications, proposals, and representations with respect to the Product or any other subject matter covered by this EULA. To the extent the terms of any ABIS policies or programs for Support Services conflict with the terms of this EULA, the terms of this EULA shall control.
The Product is protected by copyright and other intellectual property laws and treaties. ABIS or its suppliers own the title, copyright, and other intellectual property rights in the Product. The Product is licensed, not sold.
ABIS Incorporated. Copyright 2001-2006. All Rights Reserved.