FOR RESEARCH USE ONLY. NOT FOR USE IN DIAGNOSTIC PROCEDURES.
*** END USER LICENSE AGREEMENT ***
IMPORTANT: PLEASE READ THIS LICENSE CAREFULLY BEFORE USING THIS SOFTWARE.
This End User License Agreement (the "Agreement") contains the terms and conditions governing access to and use of all of the software obtained from microDimensions (each, a "Software") by you and any entity or individual you represent or for whose computer, smartphone, or other Device you acquire the Software ("you"). By clicking the "Accept", "Activate", or similar option in connection with this Agreement and/or using this software, you agree that this Agreement is a legally binding and valid contract and agree to be bound by it. You agree to abide by the intellectual property laws and all of the terms and conditions of this Agreement.
Unless you have a different license agreement signed by microDimensions your use of the Software indicates your acceptance of this Agreement and warranty.
This Software is owned by microDimensions or its subsidiaries and is protected under copyright laws and international copyright treaties. This Software is licensed, not sold. This Software is provided under the following Agreement, which defines what you may do with the product and contains limitations on warranties and/or remedies and other terms.
Subject to the terms of this Agreement, microDimensions grants to you a limited, non-exclusive, non-transferable license, without right to sub-license, to use the Software in accordance with this Agreement and any other written agreement with microDimensions. microDimensions does not transfer the title of the Software to you; the license granted to you is not a sale. This Agreement is a binding legal agreement between microDimensions and the purchasers or users of the Software.
microDimensions may allow you to download or use Software free of charge. Any terms and conditions that apply to purchased Software will apply to free Software, except with respect to payment-related matters (for example, the reimbursement-related provisions of this Agreement do not apply to such free Software). microDimensions may impose limitations on your access and use of certain free Software.
If you do not agree to be bound by this Agreement, remove the Software from your computer now and, if applicable, promptly return by mail any copies of the Software and related documentation and packaging in your possession.
The Software and the license herein granted shall not be copied, shared, distributed, lent, leased, rented out, re-sold, offered for re-sale, transferred or sub-licensed in whole or in part except that you may make one copy for archive purposes only. For information about redistribution of the Software contact microDimensions.
3. USER AGREEMENT
Your license to use the Software is limited to the number of licenses purchased by you. You shall not allow others to use, copy or evaluate copies of the Software.
3.2 Use Restrictions
The Software is intended for research use only and using the Software for diagnostic or treatment procedures is strictly prohibited.
The Software shall not be used for offering services providing the Software's functionality to third parties.
You shall use the Software in compliance with all applicable laws and not for any unlawful purpose. Without limiting the foregoing, use, display or distribution of the Software together with material that is pornographic, racist, vulgar, obscene, defamatory, libelous, abusive, promoting hatred, discriminating or displaying prejudice based on religion, ethnic heritage, race, sexual orientation or age is strictly prohibited.
Each licensed copy of the Software may be used only by one user at a time. Use of the Software means that you have loaded, installed, or run the Software on a computer or similar device. If you install the Software onto a multi-user platform, server or network, each and every concurrent user of the Software must be licensed separately.
You may make one copy of the Software for backup purposes, providing you only have one copy installed on one computer being used by one person. Other users may not use your copy of the Software. The assignment, sublicense, networking, sale, or distribution of copies of the Software are strictly forbidden without the prior written consent of microDimensions. It is a violation of this Agreement to assign, sell, share, loan, rent, lease, borrow, network or transfer the use of the Software. If any person other than yourself uses the Software registered in your name, regardless of whether it is at the same time or different times, then this Agreement is being violated and you are responsible for that violation.
3.3 Copyright Restriction
This Software contains copyrighted material, trade secrets and other proprietary material. You shall not, and shall not attempt to, modify, reverse engineer, disassemble or decompile the Software. Nor can you create any derivative works or other works that are based upon or derived from the Software in whole or in part.
microDimensions's name, logo and graphics file that represents the Software shall not be used in any way to promote products developed with the Software. microDimensions retains sole and exclusive ownership of all right, title and interest in and to the Software and all intellectual property rights relating thereto.
Copyright law and international copyright treaty provisions protect all parts of the Software, products and services. No program, code, part, image, audio sample, or text may be copied or used in any way by the user except as intended within the bounds of the single user program. All rights not expressly granted hereunder are reserved for microDimensions.
3.4 Limitation of Responsibility
You will indemnify, hold harmless, and defend microDimensions, its employees, agents and distributors against any and all claims, proceedings, demand and costs resulting from or in any way connected with your use of the Software.
In no event (including, without limitation, in the event of negligence) will microDimensions, its employees, agents or distributors be liable for any consequential, incidental, indirect, special or punitive damages whatsoever (including, without limitation, damages for loss of profits, loss of use, business interruption, loss of information or data, pecuniary loss, misdiagnosis, delayed diagnosis, mistreatment, or medical error), in connection with or arising out of or related to this Agreement, the Software or the use or inability to use the Software or the furnishing, performance or use of any other matters hereunder whether based upon contract, tort or any other theory including negligence.
microDimensions's entire liability, without exception, is limited to the customers' reimbursement of the purchase price of the Software (maximum being the lesser of the amount paid by you and the suggested retail price as listed by microDimensions) in exchange for the return of the product, all copies, registration papers and manuals, and all materials that constitute a transfer of license from the customer back to microDimensions.
Except as expressly stated in writing, microDimensions makes no representation or warranties in respect of this Software and expressly excludes all other warranties, expressed or implied, oral or written, including, without limitation, any implied warranties of merchantable quality or fitness for a particular purpose.
3.6 Governing Law
This Agreement shall be governed by the law of Germany applicable therein. You hereby irrevocably attorn and submit to the non-exclusive jurisdiction of the courts of Germany therefrom. If any provision shall be considered unlawful, void or otherwise unenforceable, then that provision shall be deemed severable from this License and not affect the validity and enforceability of any other provisions.
Any failure to comply with the terms and conditions of this Agreement will result in automatic and immediate termination of this license. Upon termination of this license granted herein for any reason, you agree to immediately cease use of the Software and destroy all copies of the Software supplied under this Agreement. The financial obligations incurred by you shall survive the expiration or termination of this license.
4. DISCLAIMER OF WARRANTY
THIS Software AND THE ACCOMPANYING FILES ARE SOLD "AS IS" AND WITHOUT WARRANTIES AS TO PERFORMANCE OR MERCHANTABILITY OR ANY OTHER WARRANTIES WHETHER EXPRESSED OR IMPLIED. THIS DISCLAIMER CONCERNS ALL FILES GENERATED AND EDITED BY THE Software AS WELL.
5. DATA COLLECTION AND PRIVACY
6. SAVING CLAUSE
In the event that any of the terms or provisions of this Agreement are declared invalid or unenforceable by any court of competent jurisdiction or any federal or state government agency having jurisdiction over the subject matter of this Agreement, the remaining terms and provisions that are not effected thereby shall remain in full force and effect.
In the event that any of the terms or provisions of this Agreement are so declared invalid or unenforceable, you and microDimensions will negotiate substitute terms and provisions for those declared invalid in good faith.