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About this Program: | License Agreement |
EFFECTIVE OCTOBER 2000. (Supersedes all other licenses.) Program License Agreement Read carefully the following terms and conditions before using the Software.
Use of the Software DEFINITIONS: As used herein, the following terms shall have the following meanings: "Software" means the software program contained on the diskette( s), CD- ROM, or preloaded on a workstation and the user documentation, which includes all printed material supplied with the diskette(s). "Facility" means a health care facility that provides patient care. "Institution" means a college, university or professional school that provides a full-time curriculum for its enrolled students towards receipt of a bachelor's or similar degree and/or postgraduate work and does not provide patient care. "Geographic location" means a facility at a specific location; geographic locations do not include satellite or remote locations which are considered a separate facility. "Intranet" means the structured use of world wide web technologies to conduct the internal affairs of a Facility or Institution, but isolated from or connected in a controlled way to the world wide web. An Intranet shall not be generally accessible from the world wide web at large except to those whom access is granted by a Facility/Institution. "Publisher" means Lippincott Williams & Wilkins, Inc., with its principal office in Philadelphia, Pennsylvania. "Developer" means the company responsible for developing the software as noted on the product. LICENSE: You are hereby granted a non-exclusive license to use the Software in the United States. This license is not transferable and does not authorize resale or sublicensing without the written approval or an authorized officer of Publisher. The Publisher retains all rights and title to all copyrights, patents, trademarks, trade secrets, and other proprietary rights in the Software. You may not remove or obscure the copyright notices in or on the Software. You agree to use reasonable efforts to protect the Software from unauthorized use, reproduction, distribution or publication. SINGLE-USER LICENSE: If you purchased this Software program at the Single-User License price or a discount of that price, you may use this program on one single-user computer. You may not use the Software in a time-sharing environment or otherwise to provide multiple, simultaneous access. You may not provide or permit access to this program to anyone other than yourself. INSTITUTIONAL/FACILITY LICENSE: If you purchased the Software at the Institutional or Facility License Price or at a discount of that price, you have purchased the Software for use within your Institution/Facility on a single workstation/computer. You may not provide copies of or remote access to the Software. You may not modify or translate the program or related documentation. You agree to instruct the individuals in your Institution/Facility who will have access to the Software to abide by the terms of this License Agreement. If you or any member of your Institution fail to comply with any of the terms of this License Agreement, this license shall terminate automatically. NETWORK LICENSE: If you purchased the Software at the Network License Price, you may copy the Software for use within your Institution/Facility on an unlimited number of computers within one geographic location/address. You may not provide remote access to the Software over a value-added network or otherwise. You may not provide copies of or remote access to the Software to individuals or entities who are not members of your Institution/Facility. You may not modify or translate the program or related documentation. You agree to instruct the individuals in your Institution/Facility who will have access to the Software to abide by the terms of this License Agreement. If you or any member of your Institution/Facility fail to comply with any of the terms of this License Agreement, this license shall terminate automatically. INTRANET LICENSE: If you purchased the Software at the Intranet License Price, you may make the software available on a Facility's/Institution's Intranet provided that the Software is available for use only by the Facility's/Institution's current educators, staff, faculty and enrolled students, and provided further that you agree to instruct such individuals who will have such access on the relevant Intranet to the Software to abide by the terms of this License Agreement. If a Facility/Institution or any member of either its respective educators, staff, faculty or enrolled students who are allowed access to the Software under this paragraph fails to comply with any of the terms of this License Agreement, this license shall automatically terminate. Under no circumstance does an INTRANET LICENSE give any party the authority to copy the Software or provide it to individuals or entities who are neither current educators, staff, faculty or enrolled students of a Facility/Institution. LIMITED WARRANTY: Publisher warrants that the media on which the Software is furnished shall be free from defects in materials and workmanship under normal use for a period of 90 days from the date of delivery to you, as evidenced by your receipt of purchase. The Software is sold on a 30-day trial basis. If, for whatever reason, you decide not to keep the software, you may return it for a full refund within 30 days of the invoice date or purchase, as evidenced by your receipt of purchase by returning all parts of the Software and packaging in saleable condition with the original invoice, to the place you purchased it. If the Software is not returned in such condition, you will not be entitled to a refund. When returning the Software, we suggest that you insure all packages for their retail value and mail them by a traceable method. The Software is not intended to provide medical consultation regarding the diagnosis or treatment of any specific patient. Except as stated above with respect to the media, the Software is provided without warranty of any kind, either expressed or implied, including but not limited to, any implied warranty of fitness for a particular purpose of merchantability. Neither Publisher nor Developer warrants that the Software will satisfy your requirements or that the Software is free of program or content errors. Neither Publisher nor Developer warrants, guarantees, or makes any representation regarding the use of the Software in terms of accuracy, reliability or completeness, and you rely on the content of the programs solely at your own risk. The Publisher is not responsible (as a matter of products liability, negligence or otherwise) for any injury resulting from any material contained herein. This Software contains information relating to general principles of patient care that should not be construed as specific instructions for individual patients. Manufacturers' product information and package inserts should be reviewed for current information, including contraindications, dosages and precautions. Some states do not allow the exclusion of implied warranties, so the above exclusion may not apply to you. This warranty gives you specific legal rights and you may also have other rights that vary from state to state. LIMITATION OF REMEDIES: The entire liability of Publisher and Developer and your exclusive remedy shall be: (1) the replacement of any diskette( s) which does not meet the limited warranty stated above which is returned to the place you purchased it with your purchase receipt; or (2) if the Publisher or the wholesaler or retailer from whom you purchased the Software is unable to deliver a replacement diskette( s) free from defects in material and workmanship, you may terminate this License Agreement by returning the diskette( s) and your money will be refunded. In no event will Publisher or Developer be liable for any damages, including any damages for personal injury, lost profits, lost savings or other incidental or consequential damages arising out of the use or inability to use the Software or any error or defect in the Software, whether in the database or in the programming, even if the Publisher, Developer, or an authorized wholesaler or retailer has been advised of the possibility of such damage. Some states do not allow the limitation or exclusion of liability for incidental or consequential damages. The above limitations and exclusions may not apply to you. GENERAL: This License Agreement shall be governed by the laws of the State of Maryland without reference to the conflict of laws provisions thereof, and may only be modified in a written statement signed by an authorized officer of the Publisher. By opening and using the Software, you acknowledge that you have read this License Agreement, understand it, and agree to be bound by its terms and conditions. You further agree that it is a complete and exclusive statement of the agreement between the user and the Publisher, which supersedes any proposal or prior agreement, oral or written, and any other communication between you and Publisher or Developer relative to the subject matter of the License Agreement. NOTE: Attach a paid invoice to the License Agreement as proof of purchase. |
Copyright © 2003, Lippincott Williams & Wilkins, Inc., a Wolters Kluwer Company.