END USER LICENSE AGREEMENT
FOR i2Calc (INTRATHECAL INFUSION CALCULATOR)™
IMPORTANT: PLEASE READ THE TERMS AND
CONDITIONS OF THIS LICENSE AGREEMENT CAREFULLY BEFORE
CONTINUING WITH THIS PROGRAM INSTALL.
PINGERWARE End User
License Agreement ("EULA") is a legal agreement between you (either
an individual or a single entity) and PINGERWARE for the PINGERWARE
software product(s) identified above which may include associated
software components, media, printed materials, and "online" or
electronic documentation ("SOFTWARE PRODUCT"). By installing,
copying, or otherwise using the SOFTWARE PRODUCT, you agree to be bound by the
terms of this EULA. This license agreement represents the entire agreement
concerning the program between you and PINGERWARE, (referred to as
"licenser"), and it supersedes any prior proposal, representation, or
understanding between the parties. If you do not agree to the terms of this
EULA, do not install or use the SOFTWARE PRODUCT.
The SOFTWARE
PRODUCT is protected by copyright laws and international copyright treaties, as
well as other intellectual property laws and treaties. The SOFTWARE PRODUCT is licensed, not sold.
1. GRANT OF LICENSE.
The SOFTWARE PRODUCT is licensed as follows:
(a) Installation and Use.
PINGERWARE grants you the right to install and use
copies of the SOFTWARE PRODUCT on your computer running a validly licensed copy
of the operating system for which the SOFTWARE PRODUCT was designed [e.g., Macintosh
OS X, IOS, Windows 95, Windows NT, Windows 98, Windows 2000, Windows 2003, Windows
XP, Windows ME, Windows Vista, Windows 7, Windows 8 and Linux].
(b) Backup Copies.
You may also
make copies of the SOFTWARE PRODUCT as may be necessary for backup and archival
purposes.
2. DESCRIPTION OF OTHER RIGHTS AND
LIMITATIONS.
(a) Copyright.
The
SOFTWARE PRODUCT is owned by PINGERWARE and is protected by US copyright
laws and international treaty provisions. All rights in the SOFTWARE PRODUCT including
copyrights, licensing rights, patents, trademarks, trade secrets, design rights,
engineering rights, moral rights, and any other intellectual property rights
belong to PINGERWARE. These rights are not transferred as part of this
agreement.
(b) Distribution.
You may not
distribute registered copies of the SOFTWARE PRODUCT to third parties.
Evaluation versions may be available for download from PINGERWARE websites may be freely distributed.
(c) Prohibition on Reverse
Engineering, Decompilation, and Disassembly.
You may not
reverse engineer, decompile, or disassemble the SOFTWARE PRODUCT, except and
only to the extent that such activity is expressly permitted by applicable law
notwithstanding this limitation.
(d) Rental.
You may not
rent, lease, or lend the SOFTWARE PRODUCT.
(e) Support Services.
PINGERWARE may provide you with support services
related to the SOFTWARE PRODUCT ("Support Services"). Any
supplemental software code provided to you as part of the Support Services
shall be considered part of the SOFTWARE PRODUCT and subject to the terms and
conditions of this EULA.
(f) Compliance with Applicable Laws.
You must
comply with all applicable laws regarding use of the SOFTWARE PRODUCT.
3. TERMINATION.
Without prejudice to any other rights, PINGERWARE 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 PRODUCT in
your possession.
4. COPYRIGHT.
All title, including but not limited to copyrights, in and to
the SOFTWARE PRODUCT and any copies thereof are owned by PINGERWARE or its suppliers. All title and intellectual property rights in and to the
content which may be accessed through use of the SOFTWARE PRODUCT is the
property of the respective content owner and may be protected by applicable
copyright or other intellectual property laws and treaties. This EULA grants
you no rights to use such content. All rights not expressly granted are
reserved by PINGERWARE.
5. DISCLAIMER OF WARRANTY.
This SOFTWARE PRODUCT is provided "AS IS", without warranty of any kind.
The entire and exclusive liability and remedy for breach of this limited
warranty shall be limited to replacement of defective media or documentation and
shall not include or extend to any claim for or right to recover any other
damages, including but not limited to, loss of profit, data, or use of the
SOFTWARE PRODUCT or special, incidental or consequential damages, or other similar
claims, even if PINGERWARE has been specifically advised of the possibility of
such damages.
PINGERWARE shall have no liability with respect to the content of
the SOFTWARE PRODUCT or any part thereof, including but not limited to errors or
omissions contained therein, libel, infringements of rights of publicity,
privacy, trademark rights, business interruption, personal injury, loss of
privacy, moral rights or the disclosure of confidential information.
In no event will PINGERWARE's liability for any damages to you
or any other person ever exceed the lower of the list price or the actual
price paid for the license to use the SOFTWARE PRODUCT, regardless of the form of the
claim.
PINGERWARE SPECIFICALLY DISCLAIMS ALL OTHER WARRANTIES, REPRESENTATIONS, OR
CONDITIONS, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, ANY IMPLIED
WARRANTY OR CONDITION OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
ALL OTHER IMPLIED TERMS ARE EXCLUDED.
Specifically, PINGERWARE makes no representation or warranty that the SOFTWARE PRODUCT
or documentation are "error-free", or meet your particular standards,
requirements, or needs. The SOFTWARE PRODUCT is not intended to replace the skill and
judgment of a qualified medical practitioner and should only be used by people
that have been appropriately trained in the SOFTWARE PRODUCT's functions, capabilities
and limitations. You agree to hold harmless, indemnify and defend PINGERWARE from and against any losses, damages, fines and expenses (including attorneys'
fees and costs) arising out of or relating to the use of the SOFTWARE PRODUCT. THE
ENTIRE RISK ARISING OUT OF YOUR USE OF THE SOFTWARE PRODUCT AND
DOCUMENTATION REMAINS WITH YOU.