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This legal document is an Agreement between you, the end user (hereafter
'Licensee'), and Richard Phillips (hereafter 'THE AUTHOR'). It relates
to the licensing of the computer program 'ScriptBase 4' along with its
documentation and utility programs, hereafter referred to as 'THE SOFTWARE'.
By using THE SOFTWARE you are agreeing to become bound by the terms of
this agreement, which includes a software license and disclaimer of warranty.
If you do not agree to the terms of this agreement, remove THE SOFTWARE
from your system, and do not use it.
1. GRANT OF LICENSE. THE AUTHOR grants to you, the Licensee, a royalty-free
non-exclusive right to use THE SOFTWARE in accordance with the terms set
forth below.
2. LIFETIME OF THE LICENCE The lifetime of this License is restricted
as follows:
2.1 FREE EVALUATION PERIOD. The Licensee may use THE SOFTWARE for a period
of sixty days without payment to THE AUTHOR. The Licensee must inform
THE AUTHOR that they are using THE SOFTWARE for evaluation purposes by
entering comprehensive and accurate registration details (as requested)
onto the ScriptBase website, not later than one month after installing
THE SOFTWARE.
2.2 PURCHASED LEASE The use of THE SOFTWARE for longer than the period
described in 2.1 requires the payment of a license fee as set out by the
pricing schedule provided by THE AUTHOR, current at the time of purchase.
On payment of this fee and subject to the provisions of this agreement,
the lifetime of this license is one calendar year. The Licensee may purchase
a license for multiples of one year if agreed and confirmed in writing
by THE AUTHOR.
3. OTHER LIMITATIONS ON USE The Licensee is permitted to use THE SOFTWARE
only with a single copy of the database (the collection of files created
by and containing data specific to THE SOFTWARE) created by THE SOFTWARE
when first installed by the Licensee. This database contains a unique
installation number that must be quoted by the Licensee when THE SOFTWARE
is registered and license is purchased. Additional copies of this database
may be made and retained for backup purposes.
3.1 The Licensee expressly accepts that THE SOFTWARE will enforce limits
on the number of concurrently prescribed clients as described in the pricing
schedule and according to the license fee paid.
4. OWNERSHIP AND COPYRIGHT THE SOFTWARE and all the accompanying written
materials are copyrighted. THE AUTHOR retains title and ownership of THE
SOFTWARE and all copies thereof.
5. REVERSE ENGINEERING You may not attempt any form of reverse engineering,
de-compiling or hacking of THE SOFTWARE, nor knowingly or through neglect
allow another party the opportunity to do this.
6. NETWORKS. You may install multiple copies of THE SOFTWARE on a network
to enable concurrent access to the single database used by THE SOFTWARE
as described in clause 3. Network installations may include LAN or WAN
and / or allow users to access THE SOFTWARE via terminal services, Citrix
metaframe or other functionally similar technologies.
7. ACCESS TO DATA Data kept by THE SOFTWARE is in encrypted form. If
you forget passwords, or do not register THE SOFTWARE of fail to renew
the license or experience a computer virus or other problems in the running
of THE SOFTWARE, you may become unable to access, view or export data.
THE AUTHOR is not obligated under this License to enable or further facilitate
access to your data; the Licensee accepts full responsibility for any
consequent difficulties of trade, law suites or costs
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7.1 On payment of the required fee for this license, THE AUTHOR will
provide a code to unlock THE SOFTWARE for the licensed period. On expiry
of the license THE SOFTWARE may become unusable by the Licensee unless
and until a further license is purchased and an additional code supplied
by THE AUTHOR. It is the responsibility of the Licensee to make timely
arrangements for the purchase of subsequent licenses and avoid disruption
in use of THE SOFTWARE. It is the responsibility of the Licensee to export
or make note of any information available when running THE SOFTWARE that
they may require after the end of the license period. THE AUTHOR is not
responsible for enabling or facilitating access to data stored by THE
SOFTWARE upon or after termination of this License.
7.2 It is the responsibility of the Licensee to maintain periodic backup
copies of all data and programs used in conjunction with THE SOFTWARE
in order to prevent catastrophic loss or disruption.
8. TRANSFER RESTRICTIONS. This license is not transferable to any third
party without the written agreement of THE AUTHOR. The Licensee may not,
without the written permission of THE AUTHOR, pass the database or other
information generated by THE SOFTWARE to any third party, except comma-delimited
files exported by THE SOFTWARE (including NDTSM reports) and printed reports.
9. TERMINATION. This License will terminate automatically without notice
from THE AUTHOR if you fail to comply with any provision of this License.
Upon termination, you must destroy the accompanying written materials
and all copies of THE SOFTWARE. If the Licensee continues to use THE SOFTWARE
after termination of this license The Licensee agrees to becomes liable
to THE AUTHOR for the full the price of the unlimited-client license according
to THE AUTHORS published schedule at the time of the trial period ending.
10. DISCLAIMER OF WARRANTY. THE AUTHOR does not warrant that the functions
contained in THE SOFTWARE will meet your requirements, or will operate
in the combinations which may be selected for use by you, or that the
operation of THE SOFTWARE will be uninterrupted or error free, or that
any defects that may exist in THE SOFTWARE will be corrected. Errors may
exist in THE SOFTWARE; the Licensee expressly assumes all risks in using
THE SOFTWARE.
10.1 THE SOFTWARE and accompanying written materials are provided 'as
is'. THE AUTHOR does not warrant, guarantee, or make any representations
regarding THE SOFTWARE or written materials in terms of correctness, accuracy,
reliability, current-ness or otherwise. No oral or written information
or advice given by THE AUTHOR, it's dealers, distributors, agents or employees
shall create a warranty or in any way increase the scope of this warranty.
10.2 Neither THE AUTHOR, nor anyone else who has been involved in the
creation, production or delivery of THE SOFTWARE shall be liable for any
direct, indirect, consequential, or incidental damages, arising out of
the use of or inability to use THE SOFTWARE, even if THE AUTHOR has been
advised of the possibility of such damages.
10.3 The Licensee takes express and full responsibility for checking
that prescriptions printed using THE SOFTWARE by or with the consent of
the Licensee or their staff or agents, conform to applicable legislation
and the professional judgment of appropriately qualified clinicians, in
advance of such prescriptions being signed; the Licensee expressly assumes
all responsibility for the accuracy or appropriateness of prescriptions
printed using THE SOFTWARE.
11. LIMITATION ON SUIT. You agree that any suit or other legal action
or any arbitration relating in any way to this Agreement or to THE SOFTWARE
must be officially filed or officially commenced no later than ONE (1)
YEAR after THE SOFTWARE is received by you.
12. COMPLETE AGREEMENT. This Agreement is the complete software license
agreement between you and THE AUTHOR and supersedes all prior negotiations,
agreements, and understandings concerning its subject matter. The interpretation
of this Agreement may not be explained or supplemented by any course of
dealing or performance, or by any usage of trade.
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