The EXmedic™ software License & other general terms and conditions.
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. The Software may be downloaded from digital networks or copied through other means but this does not in itself constitute a transfer of ownership or a License to use the Software.
1a. A temporary License for a limited period of time, or 30 days if not indicated, for evaluation and startup purposes is automatically granted when the Software program is first opened.
1b. A permanent License must be purchased for regular or permanent use of the Software. Permanent Licenses come in two forms: static and dynamic. A static License is unlimited in time and is granted for a specific development release/version of the Software only, while a dynamic License may include subsequent versions, if they become available, within the indicated time span/limit calculated monthly based on a usage formula.
Scope and effects of the License:
A License is limited to use Software to run one specific data file or data server. Each combination of a data file and Software copy requires it's own License. If multiple copies of the Software connect to the same datafile or data server, each copy requires it's own License.
During the evaluation or startup period - under the temporary License - the program will run possibly with some limitations for the indicated number of days, or 30 days if no indications were given, before a permanent License must be purchased and paid. If the evaluation or startup period ends and/or the License was not purchased and fully paid or if provided ancillary services are due, the Software may or will quit or function in restricted mode only.
This License allows the Licensee to (within the limitations outlined above):
(a) Use one copy of the Software on a single computer. 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.
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.
This License will terminate immediately without notice or judicial resolution if: a. the License or other balances are not fully paid, b. the time limitation of the License expired or c. the Licensee fails to comply with any provision of this License. Upon such termination Licensee 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 firmware 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 and/or support or other services are delivered/rendered "as is" without any express or implied warranties whatsoever. The Software itself is 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 and/or services is entirely at the risk of the user. Under no circumstances including negligence, shall the Licenser or acting as service provider, be liable for any incidental, special or consequential damages whatsoever.
6. This agreement shall be governed by applicable law and specifically including 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. 60124 - www.exmedic.com