End user agreement for Patient Manager Express
VERTIKAL SYSTEMS END-USER LICENSE AGREEMENT
IMPORTANT: THIS END-USER LICENSE AGREEMENT ("EULA") IS A LEGAL AGREEMENT BETWEEN YOU AND VERTIKAL SYSTEMS FOR THE SOFTWARE THAT ACCOMPANIES THIS EULA.
YOU AGREE TO BE BOUND BY THE TERMS OF THIS EULA BY DOWNLOADING, INSTALLING, COPYING, OR OTHERWISE USING THE SOFTWARE.
IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS, RESTRICTIONS AND CONDITIONS, THEN DO NOT DOWNLOAD, INSTALL OR USE THE SOFTWARE.
1. License Grants
Subject to the terms and conditions of this Agreement, Vertikal Systems hereby grants, and you accept, the right and license to install and use the Software on a single computer. A license for the Software may not be shared, installed nor used concurrently on different computers.
2. License Restrictions
a) You may not make or distribute copies of the Software, or electronically transfer the Software from one computer to another or over a network
b) You may not alter, merge, modify, adapt or translate the Software, or decompile, reverse engineer, disassemble, or otherwise reduce the Software to a human-perceivable form
c) You may not sell or transfer the Software
d) Vertikal Systems reserves all rights not expressly granted to you in this EULA. The Software is protected by copyright and other intellectual property laws and treaties. Vertikal Systems owns the title, copyright, and other intellectual property rights in the Software. The Software is licensed, not sold
e) You agree that Vertikal Systems and its affiliates may collect and use technical information gathered as part of the product support services provided to you, if any, related to the Software. Vertikal Systems may use this information solely to improve our products or to provide customized services or technologies to you and will not disclose this information in a form that personally identifies you
3. Warranty Disclaimer/Limitation on Liability
a) YOU ACKNOWLEDGE AND AGREE THAT THE SOFTWARE IS PROVIDED "AS IS" AND "WITH ALL FAULTS". VERTIKAL SYSTEMS AND ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES, EXPRESS, IMPLIED OR OTHERWISE RELATING TO THE SOFTWARE, INCLUDING WITHOUT LIMITATION WARRANTIES OF PERFORMANCE, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. IN ADDITION, VERTIKAL SYSTEMS AND ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES OF TITLE, NONINFRINGEMENT OR QUIET ENJOYMENT. VERTIKAL SYSTEMS DOES NOT WARRANT THAT THE SOFTWARE IS ERROR-FREE OR WILL OPERATE WITHOUT INTERRUPTION.
NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY VERTIKAL SYSTEMS, ITS EMPLOYEES OR ANY THIRD PARTY SHALL CREATE A WARRANTY. YOU BEAR ALL RISKS OF PERFORMANCE OF THE SOFTWARE
b) NEITHER VERTIKAL SYSTEMS NOR ITS SUPPLIERS SHALL BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, COVER OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR THE INABILITY TO USE EQUIPMENT OR ACCESS DATA, LOSS OF BUSINESS, LOSS OF PROFITS, BUSINESS INTERRUPTION OR THE LIKE), ARISING OUT OF THE USE OF, OR INABILITY TO USE, THE SOFTWARE AND BASED ON ANY THEORY OF LIABILITY INCLUDING BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF VERTIKAL SYSTEMS OR ITS REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE
c) THE FOREGOING LIMITATIONS ON LIABILITY ARE INTENDED TO APPLY TO ALL ASPECTS OF THIS AGREEMENT
4. Term and Termination
Without prejudice to any other rights, Vertikal Systems may terminate this EULA if you fail to comply with the terms and conditions of this EULA. In such event, you must destroy all copies of the Software and all of its component parts
5. General Provisions
a) The terms and conditions of this Agreement constitute the entire agreement between You and Vertikal Systems with respect to the subject matter hereof and will supersede and replace all prior understandings and agreements, in whatever form, regarding the subject matter
b) Should any term or provision hereof be deemed invalid, void or enforceable either in its entirety or in a particular application, the remainder of this Agreement shall nonetheless remain in full force and effect
c) Applicable Law. This Agreement shall be governed by and construed in accordance with the laws of Romania without giving effect to the conflict of laws or provisions of Romania or Your actual state or country of residence
d) Competent Court. Any legal proceedings arising out of or relating to this Agreement will be subject to the jurisdiction of the courts of the district of Romania
YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND UNDERSTAND THE RIGHTS, OBLIGATIONS, TERMS AND CONDITIONS SET FORTH HEREIN. BY CONTINUING TO INSTALL THE VERTIKAL SYSTEMS SOFTWARE, YOU EXPRESSLY CONSENT TO BE BOUND BY ITS TERMS AND CONDITIONS AND GRANT TO VERTIKAL SYSTEMS THE RIGHTS SET FORTH HEREIN