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Please read this document carefully. By installing the DiagnosisPro software, you agree to the terms of this License. If you do not agree to the terms of this License, do not use this software. Promptly return the package to the place of purchase for a full refund where their refund policy will take effect if applicable.
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- . The DiagnosisPro computer program enclosed ("Software") is licensed - not sold -- to you by MedTech USA, Incorporated ("MedTech USA") for use under the terms of this License. Unless you have purchased the Institutional or the Network version, MedTech grants you a nonexclusive License to:
- Use one copy of the Software at a time.
- Install one copy of the Software onto the hard disk of no more than three computers owned by the individual purchaser.
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- . The title and ownership of the Software remains with MedTech USA. Any portion of the Software merged into or used with other Software shall continue to be the property of MedTech USA.
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- . The user agrees that:
- The licensed Software shall be used only by or under the direction of a licensed physician duly authorized to practice in the locality in which the Software is used.
- The Software shall be used only as an aid in consultation.
- No report, profile, summary or other form of output of any type from the Software ("Output") shall be represented as or be allowed to give the impression of representing a medical or other professional statement unless and until a licensed physician has exercised his/her independent professional medical learning, skill, judgment and experience with care and diligence in completing an evaluation, reaching a conclusion, and making a diagnosis or interpretive statement and the Output has been signed by the duly licensed physician performing such independent analysis.
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- . You may NOT distribute copies of the Software to others or electronically transfer the Software from one computer to another over a network. The Software contains trade secrets and to protect them you may NOT decompile, reverse engineer, disassemble or otherwise reduce the Software to a human-perceivable form. You may NOT modify, adapt, translate, rent, loan, resell for profit, distribute, network or create derivative works based upon this Software or any part thereof.
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- . The License is effective until terminated. This License will terminate immediately without notice from MedTech USA if you fail to comply with any of its provisions. Upon termination, you must destroy the Software and all copies thereof and you may terminate this License at any time by doing so.
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- . You agree that neither the Software nor any direct product thereof will be transferred or re-exported, directly or indirectly, into any country prohibited by the U.S. Export Administration Act and regulations thereunder.
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- . MedTech USA warrants that the disk or other physical medium embodying the Licensed Software shall be free from defects in materials for a period of thirty (30) days following delivery to Licensee.
The Software and accompanying written materials are licensed "as is" and there are no warranties - express or implied - including but not limited to any warranty of merchantability of fitness for a particular purpose. The End User shall be solely responsible for the selection, installation, use, efficiency, and suitability of the Software and MedTech USA shall have no liability thereof. In no event will MedTech USA or its officers, employees or affiliates be liable to you for any consequential, incidental or indirect damages (including damages for loss of business, profits, business interruption, loss of business information and the like) arising out of the use of or inability to use the Software or accompanying written materials, even if MedTech USA or any authorized MedTech USA representative has been advised of the possibility of such damages.
MedTech USA's liability to you for actual damages for any cause whatsoever and regardless of the form of the action will be limited to the purchase price of the Software or the enforcement of the Software by MedTech USA at MedTech USA's option.
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- . If obtained in the U.S., this License will be construed under the laws of the state of California, except for that body of law dealing with conflicts of law, or the laws of jurisdiction where obtained -- if obtained outside the U.S. If any provision of this License is held by a court of competent jurisdiction to be contrary to 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.
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