» version 1.0 - posted on 2002-07-23
EULA - End User License Agreement
By installing this database product, you agree, without limitation or qualification, to all the terms and conditions as stated in this user agreement. DarkStone Data may amend or modify this Agreement or impose new conditions at any time upon inclusion of a notice on this site, signifying that the Agreement has been updated. Use of this after the effective date of such notice shall constitute acceptance by you of the amended conditions.
PLEASE READ AND ACCEPT THIS LICENSE AGREEMENT WHEN SUBMITTING YOUR ORDER. REVIEW THE TERMS AND CONDITIONS OF THIS LICENSE AGREEMENT CAREFULLY BEFORE ACCEPTING IT. THIS LICENSE AGREEMENT REPRESENTS THE ENTIRE AGREEMENT BETWEEN YOU (the "Licensee" -- either an individual or an entity) AND DarkStone Data (the "Author") CONCERNING THE COMPUTER SOFTWARE, BUILT FOR BUSINESS, (the "Software"), COLLECTIONS, (the "Software"), CUSTOMER MANAGEMENT, (the "Software"), AND ANY ACCOMPANYING MATERIALS (the "Documentation").
OWNERSHIP OF THE SOFTWARE
Copyrights: All rights to the Software and Documentation are owned by the Author. The Author claims all rights under Canadian copyright laws and other provisional laws relating to software or intellectual property, laws of other nations, and international treaties.
SCOPE AND USE OF THE LICENSE
Additional terms and conditions relevant to your requested license type are detailed in a specific attachment to this general license. These terms and conditions govern the number and kind of users (single versus multiple, designated versus concurrent, etc), the nature of use (profit versus non-profit, commercial versus academic, etc), and the number and kind of installation sites (network server versus workstations, etc). You must also read and accept the attachment for the specific license type you have chosen.
You may not re-compile, translate, or convert any of the files contained in the Software for use with any non-Author software. You may not attempt to obtain the source code of any portions of the Software not provided in source code form, in whole or in part, by reverse engineering, decompilation, or disassembly. You may make a copy of the Software only for backup or archival purposes. Each tangible and on-disk copy of the Software and Documentation shall contain all copyright and proprietary notices in the originals. Documentation provided with the Software may not be copied. You may not give, lend, rent, lease or sell the Software. You may develop any application incorporating the Software or make any desired modifications of the Software for your own personal use but you may not give, lend, rent, lease, or sell any of these applications or modifications to any recipient who does not have a valid license to use the original DarkStone Data Software, or without first obtaining a separate license from the Author to distribute your applications or modifications. Licensee shall take appropriate action by instruction, agreement, or otherwise with any persons permitted access to the Software, so that all such persons satisfy the restrictions and obligations of this Agreement.
LIMITATION OF REMEDIES
For a period of ninety (90) days from delivery, Author warrants that the Software will substantially conform to the description of such Softwares operation in the Documentation. In the event that the Software does not operate as warranted, your exclusive remedy and Authors sole responsibility under this warranty shall be at Authors option (a) the correction or workaround by Author of substantial defects within a reasonable time, or (b) termination of the License and refund of the license fee paid to Author for the Software. THE FOREGOING WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE. AUTHOR SHALL NOT BE LIABLE FOR ANY SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, INCLUDING WITHOUT LIMITATION LOST PROFITS. Licensee accepts full responsibility for its use of the Software and the results obtained therefrom.
LIMITATION OF LIABILITIES
IN NO EVENT SHALL AUTHORS LIABILITY FOR DAMAGES FROM ANY AND ALL CAUSES WHATSOEVER WHETHER IN CONTRACT OR IN TORT OR OTHERWISE, INCLUDING NEGLIGENCE, IN THE AGGREGATE, EXCEED THE AMOUNT OF THE LICENSE FEE PAID BY LICENSEE UNDER THIS AGREEMENT. Furthermore, you agree to indemnify and hold the Author harmless for any damages brought against you by third parties including patients receiving clinical care and treatment that may arise in connection with using the Software.
Licensee may not assign this License without written consent of Author. All provisions regarding exclusion of warranty, limitation of liability, and protection of Authors proprietary rights and trade secrets, shall survive termination of this Agreement, as shall all provisions regarding payment of amounts due at the time of termination. Should Licensee install the Software outside Canada, Licensee shall comply fully with all applicable laws and regulations relating to export of technical data and to all local law. This Agreement contains the entire understanding of the parties and may be modified only by written instrument signed by both parties.
If you do not accept the terms of this agreement, contact the Author at firstname.lastname@example.org to discuss an alternative license agreement.
Specific License Attachments
Designated Commercial Users
You may permit use of the Software only at your institution or business by the designated users who are authorized to use the machines at your institution or business. You are granted right of license for installed Software on all machines at your institution or business upon paid receipt of Software.
You may permit the designated users to install and use copies of the Software on their computers, which may include networked computers, provided that all designated users do so only in the private directories of their individual accounts which cannot be accessed by outside network users. You are responsible for insuring that the Software not be redistributed to others over the network.
You may permit the designated users to use the Software for an unlimited period of time. However, this license for the version of the Software specified does not imply a subscription with any guarantee of free upgrades to future versions of the Software and/or technical support beyond the initial three month period following receipt of the Software.