End user agreement for XTerm Medical Dictionary
XTerm license agreement Please read this entire agreement carefully. By using this product you agree to be bound by the terms of this agreement. This version of XTerm or updates and related materials (the "product") and all server-side related services (the "services") are licensed to you by kpiachem. ("kpiachem ") subject to the terms and conditions of this license agreement (the "agreement"). By clicking the "I accept" button, installing or using the product or services, you agree to be bound by this agreement. If you do not agree to all of the terms of this agreement, please do not install or use the product or services and immediately delete any copy of it from all storage media. kpiachem reserves the right to revise the terms of this agreement at any time, at its sole discretion and without any prior notice. kpiachem will post the latest version of the license agreement at http://www.xterm.addr.com. At all times, the latest version of the license agreement which is published on the above link shall be binding and supersede any other version. License The Product is licensed to you on an As-Is basis, subject to the terms and conditions of this Agreement, for your personal, non-commercial use only. Other than the rights expressly granted to you hereunder, no other right is granted to you. Without limiting the foregoing, you may not: (a) modify or create any derivative works of the Product or documentation; (b) decompile, disassemble, reverse engineer, or otherwise attempt to derive the source code for the Product; or (c) redistribute, encumber, sell, rent, lease, sublicense, or otherwise transfer rights to the Product without a prior written permission of kpiachem. Proprietary Rights kpiachem retains sole and exclusive ownership of all rights, title and interests in the Product and all intellectual property rights relating thereto, including without limitation pending patent applications with respect to the Product and the technology related thereto. Title and related rights in the content downloaded with this Product is the property of the applicable content owner and is protected by applicable law. This section shall survive termination and expiration of this Agreement and shall remain in full force and effect thereafter. Paid Versions kpiachem may, from time to time, offer special versions of the Product (the "Paid Product"). The use of any Paid Product may be governed by additional Terms and Conditions. If you are using a Paid Product, you shall be subject to any additional terms and conditions applicable to such Products, which may be posted from time to time. All such terms and conditions are hereby incorporated by reference into this Agreement. Paid Products may require additional registration codes, passwords, or identification numbers ("Code"). kpiachem shall issue you a unique Code upon receiving the full payment of the registration fee. The Code shall enable the Paid Product, and shall correspond to a single designated computer on which your Product is installed. You are solely responsible for (1) maintaining the strict confidentiality of any Code assigned to you (2) any charges, damages, or losses that may be incurred or suffered as a result of your failure to maintain the strict confidentiality of your Code. kpiachem shall not be liable for any harm related to the theft of your Code, any disclosure of your Code, or your authorisation to allow another person or entity to access and use the Product or Service using your Code. You agree to immediately notify kpiachem of any unauthorised use of your Code. Term and Termination This Agreement shall commence upon your use of the Product or Services. Either party may terminate this Agreement at any time by a written notice, Provided that kpiachem will not terminate a license to use a Paid Product except as described in this section hereunder. Without prejudice to any other rights, kpiachem may terminate this Agreement and/or limit or revoke access to the Product or to any Services at any time, with immediate effect, and without penalty, if you fail to comply with the terms of this Agreement. Upon termination, you shall destroy all copies of the Product. Amendment of Product or Services The Product, functions, features and any Services, provided by the kpiachem may change from time to time. kpiachem reserves the right to discontinue and/or terminate and/or limit and/or disable and/or cancel any Service provided by kpiachem or any part thereof at its sole discretion and without notice to you. You hereby agree and acknowledge that kpiachem is permitted to limit, disable, eliminate or cancel some or all of the functionality of the Product (excluding the Paid Product). kpiachem reserves the right to discontinue the release and support of any version of the Product or to revise the Product so it provides different features, features in different combinations, and/or different environment configurations. Disclaimer of Warranty kpiachem EXPRESSLY DISCLAIMS ANY WARRANTY WITH RESPECT TO THE PRODUCT, SERVICES OR ANY INFORMATION DELIEVERED OR SENT BY kpiachem OR ANY THIRD PARTY THROUGH THE PRODUCT OR SERVICES. THE PRODUCT AND SERVICES ARE PROVIDED "AS-IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OR MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. THE ENTIRE RISK ARISING OUT OF USE OR PERFORMANCE OF THE PRODUCT AND SERVICES IS BORNE BY YOU. THIS PRODUCT AND/OR SERVICES ARE NOT FAULT TOLERANT AND SHOULD NOT BE USED IN ANY ENVIRONMENT WHICH REQUIRES THIS. YOU HEREBY EXPRESSLY AGREE NOT TO USE OR RELY ON THE PRODUCT OR SERVICES FOR ANY APPLICATIONS THAT MAY RESULT IN ANY DAMAGE IF FAILED OR ANY OTHER MISSION CRITICAL APPLICATIONS. THE SECURITY MECHANISMS IMPLEMENTED BY THE PRODUCT AND SERVICES HAVE INHERENT LIMITATIONS, AND YOU MUST DETERMINE THAT THE PRODUCT AND SERVICES SUFFICIENTLY MEETS YOUR REQUIREMENTS. kpiachem DOES NOT WARRANT OR GUARANTEE THAT THE FUNCTIONS PERFORMED BY THE PRODUCT OR SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS AGREEMENT. NO USE OF THE PRODUCT OR SERVICES IS AUTHORIZED HEREUNDER EXCEPT UNDER THIS DISCLAIMER. Limitation of Liability TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL kpiachem BE LIABLE FOR ANY DAMAGES INCLUDING WITHOUT LIMITATION, ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR INFORMATION, LOSS OF PROFITS AND SAVINGS AND THE LIKE), OR ANY OTHER DAMAGES ARISING OUT OF THE UNAVAILABILITY, USE, RELIANCE ON, INABILITY TO UTILIZE OR IMPROPER USE OF THE PRODUCT OR SERVICES, EVEN IF ADVISED OF THE POSSIBILITY THEREOF AND REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE. Miscellaneous (a) This Agreement constitutes the entire agreement between the parties concerning the subject matter hereof. (b) Except to the extent applicable law, if any, provides otherwise, this Agreement shall be governed by the laws of the Romania without giving effect to any principles of conflicts of laws thereof, and the eligible courts of Iasi shall have exclusive jurisdiction over all disputes between the parties; This Agreement will not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded. (c) You may not assign or otherwise transfer by operation of law or otherwise this Agreement or any rights or obligations herein. (d) If any part of this Agreement is found void and unenforceable, it will not affect the validity of the balance of the Agreement, which shall remain valid and enforceable according to its terms. Copyright (c) 1999,2004 kpiachem All Rights Reserved.