Legal Agreement for HICSOAP PROFESSIONAL
SOFTWARE LICENSE AND LIMITED WARRANTY AGREEMENT
THANK YOU FOR PURCHASING THE HOLLADAY IOL CONSULTANT, A PRODUCT OF HOLLADAY CONSULTING INC (HCI) AND 4N SYSTEMS. IT IS IMPORTANT THAT YOU READ THIS NOTICE CAREFULLY BEFORE INSTALLING THIS SOFTWARE.
BY INSTALLING THE SOFTWARE YOU AGREE TO BE BOUND BY ALL THE TERMS AND CONDITIONS OF THIS LICENSE AGREEMENT. IF YOU DO NOT ACCEPT OR AGREE TO THESE TERMS YOU MAY, WITHIN FIFTEEN (15) DAYS, RETURN THE ENTIRE PACKAGE TO THE PERSON FROM WHOM YOU ACQUIRED IT FOR A FULL REFUND.
HCI hereby grants to you a non-exclusive, non-transferable license to use this copy of the software and accompanying documentation according to the following terms and conditions:
a. install the software in up to three (3) of your personally owned computers, provided that the software is used on only one computer at a time. Each installation will generate a different registration number and require a different unlock key code.;
b. make one (1) copy of the software in machine readable form solely for back-up purposes, provided that you reproduce all proprietary notices on the copy; and
c. physically transfer the software from one computer to another, provided that the software is used on only one computer at a time.
You may not:
a. use the software on more than one computer or workstation at a time in a network or multi-user system;
b. modify, translate, reverse engineer, decompile, dissemble, create derivative works based on , or copy (except for the back-up copy of the software) the software or the accompanying documentation;
c. rent, transfer, distribute or grant any rights in the software or accompanying documentation in any form to any person without the prior written consent of 4N Systems; or
d. remove any warnings or proprietary notices, labels or marks on the software and accompanying documentation.
USE ON A NETWORK
A "computer network" is any electronically linked configuration in which two or more users have common access to software or data. If more than one user wishes to use the software on a computer network at the same time, then you may add authorized users either by (a) paying for a separate software package for each additional user you wish to add or (b) paying for a site license. You must purchase an individual copy of the software for each workstation at which you wish to use the software without being logged on to the network.
This license is not a sale. Title and copyrights to the software, accompanying documentation and any copy made by you remain with 4N Systems or its suppliers or licensors.
Unauthorized copying of the software or the accompanying documentation or otherwise failing to comply with the terms and conditions of this Agreement will result in automatic termination of the license and will make available to 4N Systems other legal remedies. Upon termination of this Agreement, the licenses granted herein will terminate and you must immediately return the software and accompanying documentation, and all back-up copies thereof, to 4N Systems.
LIMITED WARRANTY AND DISCLAIMER
HCI warrants that, for a period of [sixty (60)] days from the date of delivery to you as evidenced by a copy of your receipt, the diskettes on which the software is furnished under normal use will be free from defects in materials and workmanship. 4N Systems's entire liability and your exclusive remedy under this warranty (which is subject to you returning the software to 4N Systems or an authorized dealer with a copy of your receipt) will be, at 4N Systems's option, to replace the software or diskettes or to refund the purchase price and terminate this Agreement.
EXCEPT FOR THE ABOVE EXPRESS LIMITED WARRANTIES, THE PROGRAM IS PROVIDED TO YOU "AS IS." HCI MAKES AND YOU RECEIVE NO WARRANTIES OR CONDITIONS, EXPRESS, IMPLIED, STATUTORY OR IN ANY COMMUNICATION WITH YOU, AND HCI SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTIES OF MERCHANTABILITY, NON INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE.
FORM OF THE CLAIM.
HCI DOES NOT WARRANT THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR FREE, WILL MEET YOUR REQUIREMENTS OR WILL OPERATE WITH THE COMBINATION OF HARDWARE AND SOFTWARE SELECTED BY YOU.
SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE.
LIMITATION OF LIABILITY
IN NO EVENT WILL HCI BE LIABLE FOR ANY DAMAGES, INCLUDING LOSS OF DATA, LOST PROFITS, COST OF COVER OR OTHER SPECIAL, INCIDENTAL, CONSEQUENTIAL OR INDIRECT DAMAGES ARISING FROM THE USE OF THE SOFTWARE, REFERENCE MATERIAL OR ACCOMPANYING DOCUMENTATION, HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, INCLUDING LAWSUITS RESULTING FROM SURGERY OR MEDICAL MALPRACTICE. THIS LIMITATION WILL APPLY EVEN IF HCI OR AN AUTHORIZED DEALER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. YOU ACKNOWLEDGE THAT THE LICENSE FEE REFLECTS THIS ALLOCATION OF RISK. SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
Use, duplication or disclosure by the U.S. Government is subject to restrictions as set forth in subdivision (c)(1)(ii) of the Rights in Technical Data and Computer Software clause at 252.227-7013.
You agree that you will not export or re export the software or accompanying documentation in any form without the appropriate United States and foreign government licenses. Your failure to comply with this provision is a material breach of this Agreement.
The Software which you use may automatically check for newer versions available from HCI. You agree to check for such updates as part of your use of the Services. NOTE: No private imformation is transmitted while checking for a newer version.
This Agreement will be governed by the laws of the State of Texas. In any dispute arising out of this Agreement, you and HCI each consent to the exclusive personal jurisdiction and venue in the state and Federal courts within Houston, Texas.
This Agreement is the entire agreement between us and supersedes any other communications or advertising with respect to the software and accompanying documentation.
If any provision of the Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect.
All rights not specifically granted in this statement are reserved by HCI and 4N Systems.
If you have any questions, please contact in writing:
Holladay Consulting Inc
THE HOLLADAY IOL CONSULTANT IS INTENDED SOLELY AS AN AID TO THE CATARACT SURGEON. THIS SOFTWARE IS NOT A SUBSTITUTE FOR SOUND SURGICAL JUDGMENT, OR SOUND SURGICAL PLANNING.