End user agreement for Biosoftworld ICD-10 Analyzer
END-USER LICENSE AGREEMENT FOR Biosoftworld ICD-10 Analyzer
Copyright (C) 2012 Biosoftworld
This End-User License Agreement (“License”) is a legal agreement between you (“User”) and Biosoftworld, (“Biosoftworld”) for Biosoftworld ICD-10 Analyzer software (the “Software"). 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).
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.Biosoftworld grants you a 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. The database structure is owned from Biosoftworld, it is protected with encryption and IT IS NOT included in price. Only the interface is licensed to the registered user.
Software is licensed, not sold. Software is not for resale. 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 redistributable's 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. 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.
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.
Biosoftworld acknowledges that ICD-9 codes are produced by the United States government and are therefore in the public domain. All right, title and interest in and to the copyrights and patents embodied in the Software (including any images, formulas, photographs, animations, video, audio, music, and text incorporated into the Software), accompanying printed materials, and any copies User is permitted to make herein are owned by Biosoftworld or its licensor. All Software libraries, source code, redistributable's and other files remain Biosoftworld’s exclusive property. The ICD-10 is copyrighted by the World Health Organization (WHO), which owns and publishes the classification. WHO has authorized the development of an adaptation of ICD-10 for use in the United States for U.S. government purposes. As agreed, all modifications to the ICD-10 must conform to WHO conventions for the ICD. Biosoftworld only constructs and sold an appropriate interface for code display and mapping as well as the underlying database structure. Biosoftworld develop also tools and database structures suitable for code storage and extractions from the original XML and PDF files provided by Centers of Disease Control and Prevention.
2. Granting of license
Singe User: 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 one single computer. User must acquire and dedicate a license for each additional computer on which Software is installed or run. A license for Software may not be shared or used concurrently on different computers by more than one User. After installation User shall be permitted to make one backup copy of the Software for archival purposes.
3. 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 distributed with the program are correct and Biosoftworld takes no responsibility for any error that may occur as a result of using that data. The codes 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.
4. General considerations
You may not permanently transfer any of your rights under this EULA.
Biosoftworld reserves all rights not specifically granted in this EULA.
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.
© Biosoftworld 2012