The EXmedic software license.
The program ("Software") is licensed, not sold, to for use only under the terms of this License, and any and all rights are reserved that are not expressly granted. You may download from digital networks or copy the software but this does not in itself constitute a transfer of ownership or a license to use the Software for each computer or workstation on which it is present.
1a. A temporary License for a limited period of time, or 30 days if not indicated, for evaluation purposes is automatically granted when you first open the program.
1b. A permanent license license must be purchased for regular or permanent use of the program.
Scope and effects of the license:
A license is limited to use Software to run one data file or full and binary equal copy thereof. Each combination of data file and workstation(s) require their own Software and thus separate license(s).
It is understood and accepted that the program code does reside in the program itself as well as in the data file. That is why the Software must always exclusively be used with its own data file and eventual extensions and plug-ins that came with it.
During the evaluation period and under the temporary license the program will run with some limitations for the indicated number of days, or 30 days if no indications were given, before a serial number with a full license should be entered. The licensee shall register the new license number as it appears in the about box forth with to validate his/her license. If the evaluation period ends the Software will quit or function in restricted mode only.
This License allows you to (within the limitations outlined above):
(a) Use one copy of the Software on a single computer at a time or on connected workstations in the case of multi-user licensing. To "use" the Software means that it serves on a regular basis and/or the Software is either loaded in the ram memory of a computer or installed on the permanent memory of a computer (hard disk, etc.).
(b) Make copies of the Software in machine readable form solely for backup purposes. As an express condition of this License, you must reproduce on each copy any copyright notice or other proprietary notice that is on the original copy supplied .
(c) Permanently transfer all your rights under this License to another party by providing to such party all copies of the Software licensed under this License together with a copy of this License and the accompanying materials, information and/or files and documents, provided that the other party reads and agrees to accept the terms and conditions of this License.
2. Restrictions.
The Software contains trade secrets in its human perceivable form and, to protect them, you may not reverse engineer, decompile, disassemble or otherwise reduce the software to any human perceivable form. You may not modify, adapt, translate, rent, lease, loan or create derivate works based on the Software or parts thereof.
3. Termination.
This License will terminate immediately without notice or judicial resolution if you fail to comply with any provision of this License. Upon such termination you must destroy the Software, all accompanying written materials, information and/or files and documents and all copies thereof.
4. Operating system software, runtime components such as the database engine etc., network drivers and all other software or firmware as well as operator competence that is required to execute the Software are not included in the license. It is the licensee's responsibility to assure the necessary human resources skills as well as to obtain compatible versions off all necessary elements to run the Software successfully and licenser is not responsible for the correct functioning of third party operators and/or components.
5. It is expressly recognized that the software is delivered "as is" without any express or implied warranties whatsoever. The Software is freely available for evaluation prior to definite use and by requesting a full license the user confirms having made a careful determination of fitness. Use of the software is entirely at the risk of the user. Under no circumstances including negligence, shall the licenser be liable for any incidental, special or consequential damages that result form the use of the Software.
6. This agreement shall be governed by applicable copyright and intellectual property law. In the event any provision of this agreement shall be declared unlawful, invalid, or unenforceable, said provision shall not affect the validity and enforceability of any other provision of this agreement and the remainder of this agreement shall continue in full force and effect. In case of dispute, arbitration or litigation the jurisdiction or forum shall be in the State of Delaware but the licenser retains the right to select another jurisdiction or forum.
------------------------------------------------------------------------
EXmedic Software LLC - 2125 Technology Drive # 202 - Elgin, Il. 60123 - www.exmedic.com