ATTENTION: PLEASE READ THIS DOCUMENT CAREFULLY BEFORE INSTALLING THIS SOFTWARE.
THE INDIVIDUAL OR ENTITY INSTALLING THIS SOFTWARE (THE "END USER") AGREES
TO BE BOUND BY THE TERMS OF THIS LICENSE. IF YOU DO NOT AGREE TO THE TERMS OF THIS
LICENSE, DO NOT INSTALL THE SOFTWARE AND PROMPTLY DELETE OR RETURN THE PRODUCT.
The enclosed computer program(s) and the accompanying documentation are provided
to the End-User by Gravitybox Software, LLC., a Gravitybox Software ("Licensor")
for use only under the following terms. Licensor reserves any right not expressly
granted to the End-user. The End-User owns the disk on which the Software is recorded,
but Licensor retains ownership of all copies of the Software itself. The End-User
assumes sole responsibility for the installation, use and results obtained from
use of the Software.
1. License.
End-User is granted a limited, non-exclusive license to do only the following:
A. Make copies of only this version of the software in machine-readable form for
distribution to a third party solely for the purpose of the third party's own private
use, provided the entire contents of the software are copied in their entirety with
copyright and trademark information in place. The Software is protected by copyright
law.
B. Transfer the Software and all rights under this License to another party together
with a copy of this License and all written materials accompanying the Software,
provided (i) the End-User gives Licensor written notice of the transfer (including
in such notice the identity of the transferee), and (ii) the other party reads and
agrees to accept the terms and conditions of this License.
C. The user may create derivative works based upon this software, but may not sell
this software as a stand-alone product. All derivative works must have significant
added functionality as to justify another product.
2. Restrictions.
The End-User may NOT sublicense, or assign copies of the Software to others. The
Software contains trade secrets. The End-User may NOT decompile, reverse engineer,
disassemble, or otherwise reduce the Software to a human readable form unless prior
permission is obtained. THE END-USER MAY NOT MODIFY, ADAPT, TRANSLATE, RENT, LEASE,
LOAN, RESELL FOR PROFIT, OR OTHERWISE ASSIGN OR TRANSFER THE SOFTWARE, EXCEPT AS
EXPRESSLY PROVIDED IN SECTIONS 1.B. AND 1.C. ABOVE.
MEDICAL APPLICATIONS LICENSE
A single developer license DOES NOT entitle the End-User to use this product in a commercially
available application for the Medical industry distributed to 100 or more entities. The End-User will need to purchase the
"Site License" for the specified product on our eStore page. A "Site License" enables
an End-User to use the product in all instances not covered by a single developer license.
Medical industry applications include
but are not limited to applications for managing a business or practice of General
Practitioners, Dentists, Chiropractors, Optometrists, Orthodontists, Dietitians,
Nutritionists, Pharmacists, Internists, Obstetricians, Gynecologists, Psychiatrists,
Surgeons, Podiatrists, Physical Therapists, Veterinarians, Athletic Trainers, and
Healthcare Practitioners. Commercially available is defined as software that is
for retail sale to one hundred (100) or more entities. Custom written software created
especially for use in less than 100 medical offices or business enterprises or settings IS covered
by a single developer license. End-Users who wish to build software that will be
resold to one hundred (100) or more entities need to procure a "Site License"
from the Licensor for that specified product.
3. Protection and Security.
The End-User agrees to use its best efforts and to take all reasonable steps to
safeguard the Software to ensure that no unauthorized person shall have access thereto
and that no unauthorized copy, publication, disclosure or distribution in whole
or in part, in any form, shall be made. The End-User acknowledges that the Software
contains valuable confidential information and trade secrets and that unauthorized
use and/or copying are harmful to Licensor.
4. Termination.
This License is effective until terminated. This License will terminate immediately
without notice from Licensor if the End User fails to comply with any of its provisions.
Upon termination the End User must destroy the Software and all copies thereof,
and the End-User may terminate this License at any time by doing so.
5. Limited Warranty.
Licensor warrants that, for sixty (60) days from the date of initial use by the
original End User, the Software shall operate substantially in accordance with the
published functional specifications current at the time of shipment. If, during
the warranty period, a defect appears, End User shall return the Software to Licensor
and Licensor's only obligation shall be, at Licensor's election, to replace the
defective Software. The End-User agrees that the foregoing constitutes the End-User's
sole and exclusive remedy for breach by Licensor under any warranties made under
this Agreement. This warranty does not cover any Software that has been altered
or changed in any way by anyone other than Licensor. Licensor is not responsible
for problems associated with or caused by incompatible operating systems or equipment,
or for problems in the interaction of the Software with software not furnished by
Licensor.
The Licensor may elect to correct defects in the software at its discretion. A defect
is defined as functionality that does not perform as designed. The Licensor is the
only entity that may decide the proper functionality. Upon correction, the newly
compiled software will be made available at no charge to the End-user for download
for a limited time from the date of purchase. After this limited time the End-user
may elect to pay an additional fee to download the latest version of the software
for an additional period of time.
No oral or written information or advice given by Licensor or its dealers, distributors,
employees or agents shall in any way extend, modify or add to the foregoing warranty.
THE WARRANTY AND REMEDY PROVIDED ABOVE ARE EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES,
EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY
AND FITNESS FOR A PARTICULAR PURPOSE. THE END-USER ASSUMES ALL RISK AS TO THE SUITABILITY,
QUALITY, AND PERFORMANCE OF THE SOFTWARE. IN NO EVENT WILL LICENSOR, OR ITS DIRECTORS,
OFFICERS, EMPLOYEES OR AFFILIATES, BE LIABLE TO THE END-USER FOR ANY CONSEQUENTIAL,
INCIDENTAL, INDIRECT, SPECIAL OR EXEMPLARY DAMAGES (INCLUDING DAMAGES FOR LOSS OF
BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF DATA OR BUSINESS INFORMATION, AND
THE LIKE) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE OR ACCOMPANYING
WRITTEN MATERIALS, EVEN IF LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES.
LICENSOR'S LIABILITY TO THE END-USER (IF ANY) FOR ACTUAL DIRECT DAMAGES FOR ANY
CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL BE LIMITED TO,
AND IN NO EVENT SHALL EXCEED, THE AMOUNT ORIGINALLY PAID TO LICENSOR FOR THE LICENSE
OF THE SOFTWARE.
6. Enhancements.
From time to time Licensor may, in its sole discretion, advise the End-User of updates,
upgrades, enhancements or improvements to the Software and/or new releases of the
Software (collectively, "Enhancements"), and may license the End-User
to use such Enhancements upon payment of prices as may be established by Licensor
from time to time. All such Enhancements to the Software provided to the End-User
shall also be governed by the terms of this License.
7. General.
This License will be governed by and construed in accordance with the laws of the
state of Delaware, and shall inure to the benefit of Licensor and End-User and their
successors, assigns and legal representatives. If any provision of this License
is held by a court of competent jurisdiction to be invalid or unenforceable to any
extent under applicable law, that provision will be enforced to the maximum extent
permissible, and the remaining provisions of this License will remain in full force
and effect. Any notices or other communications to be sent to Licensor must be mailed
first class, postage prepaid, to the following address: Gravitybox Software, LLC.,
550 Bunting Run, Cumming, GA 30041.
This Agreement constitutes the entire agreement between the parties with respect
to the subject matter hereof, and all prior proposals, agreements, representations,
statements and undertakings are hereby expressly cancelled and superseded. This
Agreement may not be changed or amended except by a written instrument executed
by a duly authorized officer of Licensor.
8. Acknowledgment.
BY INSTALLING THIS SOFTWARE, THE END-USER ACKNOWLEDGES THAT IT HAS READ THIS LICENSE,
UNDERSTANDS IT, AND AGREES TO BE BOUND BY ITS TERMS AND CONDITIONS. Should you have
any questions concerning this License, contact Licensor at the address set forth
above.
Copyright 1998 - 2007 Gravitybox Software.
All rights reserved.
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