This copy of Complete Biomedical Tracking System (“the Software Product”) and accompanying documentation is licensed and not sold. This Software Product is protected by copyright laws and treaties, as well as laws and treaties related to other forms of intellectual property. Razib Rahman Technology Consulting LLC or its subsidiaries, affiliates, and suppliers (collectively “Razib Rahman Technology Consulting LLC”) own intellectual property rights in the Software Product. The Licensee’s (“you” or “your”) license to download, use, copy, or change the Software Product is subject to these rights and to all the terms and conditions of this End User License Agreement (“Agreement”).
YOU ACCEPT AND AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT BY SELECTING THE “ACCEPT” OPTION AND DOWNLOADING THE SOFTWARE PRODUCT OR BY INSTALLING, USING, OR COPYING THE SOFTWARE PRODUCT. YOU MUST AGREE TO ALL OF THE TERMS OF THIS AGREEMENT BEFORE YOU WILL BE ALLOWED TO USE THE SOFTWARE PRODUCT. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, YOU MUST NOT INSTALL, USE, OR COPY THE SOFTWARE PRODUCT.
This Agreement entitles you to use one copy of the Software Product hosted by Complete Biomedical Systems. This Agreement does not permit the installation or use of multiple copies of the Software Product, or the installation of the Software Product on more than one computer at any given time, on a system that allows shared used of applications, on a multi-user network, or on any configuration or system of computers that allows multiple users. Multiple copy use or installation is only allowed if you obtain an appropriate licensing agreement for each user and each copy of the Software Product.
Restrictions on Transfer
Without first obtaining the express written consent of Razib Rahman Technology Consulting LLC, you may not assign your rights and obligations under this Agreement, or redistribute, encumber, sell, rent, lease, sublicense, or otherwise transfer your rights to the Software Product.
Restrictions on Use
You may not use, copy, or install the Software Product on any system with more than one computer, or permit the use, copying, or installation of the Software Product by more than one user or on more than one computer. If you hold multiple, validly licensed copies, you may not use, copy, or install the Software Product on any system with more than the number of computers permitted by license, or permit the use, copying, or installation by more users, or on more computers than the number permitted by license.
You may not decompile, “reverse-engineer”, disassemble, or otherwise attempt to derive the source code for the Software Product.
You may not use the database portion of the Software Product in connection with any software other than the Software Product.
Restrictions on Alteration
You may not modify the Software Product or create any derivative work of the Software Product or its accompanying documentation. Derivative works include but are not limited to translations. You may not alter any files or libraries in any portion of the Software Product. You may not reproduce the database portion or create any tables or reports relating to the database portion.
Restrictions on Copying
You may not copy any part of the Software Product except to the extent that licensed use inherently demands the creation of a temporary copy stored in computer memory and not permanently affixed on storage medium. You may make one archival copy which must be stored on a medium other than a computer hard drive.
You acknowledges and agree that the Software Product may include a function which allows Razib Rahman Technology Consulting LLC access to certain data resulting from the use of the Software Product, including information about the types and places of use, the extent to which a facility or equipment of the Licensee’s is put to use, use patterns and other data deriving from the use or performance of the Software Product, the Licensee’s facilities and the Licensee’s equipment (data so accessed by Razib Rahman Technology Consulting LLC, “Data”).
Ownership of Data
The Data will be Razib Rahman Technology Consulting LLC’s exclusive property. Razib Rahman Technology Consulting LLC may use the Data for any purpose. Razib Rahman Technology Consulting LLC will not be obligated to make any payment of any sort to the Licensee relating to use.
Non-Release of Identifying Information
Razib Rahman Technology Consulting LLC will not release Data to third parties that contains identifying information that could associate the Licensee with the Data or identify facilities or equipment as belonging to the Licensee, unless the Licensee agrees in writing or unless Razib Rahman Technology Consulting LLC is required to do so by law or court order.
Razib Rahman Technology Consulting LLC may also disclose Data that contains identifying information to third parties in the following circumstances:
1. in the event of a dispute, disagreement or any legal or quasi legal proceeding between the Licensee and Razib Rahman Technology Consulting LLC;
2. in the event that Razib Rahman Technology Consulting LLC believes that disclosure may prevent harm to the Licensee or its property or to any third party and its property;
In the event that all or some of the activities of Razib Rahman Technology Consulting LLC are transferred to another corporation or due diligence is being conducted on Razib Rahman Technology Consulting LLC in anticipation of a possible transfer, Razib Rahman Technology Consulting LLC will be permitted to provide all the information in its possession to the corporation that will acquire Razib Rahman Technology Consulting LLC activities or that is performing the due diligence, provided that the corporation accepts upon itself the provisions of privacy contained here.
The above reservation of rights by Razib Rahman Technology Consulting LLC will not impose upon Razib Rahman Technology Consulting LLC an obligation to report or provide information to any party, and no person will have any claim or suit against Razib Rahman Technology Consulting LLC flowing from the transfer or provision of information or the non-transfer or non- provision of the aforesaid information.
Third Party Software Components
The Software may include certain software or software components which may have been developed, and the copyright to which may be held, by third parties (“Third Party Software Components”), and which may have been made available to the public according to certain terms and conditions (Third Party Licenses).
Therefore, this EULA will apply to Third Party Software Components only to the extent permitted by the respective Third Party Licenses. In any event of a conflict or contradiction between this EULA and the provisions of a Third Party License, the provisions of the respective Third Party License will prevail over the provisions of this EULA with regard to the respective Third Party Software Component.
Disclaimer of Warranties and Limitation of Liability
UNLESS OTHERWISE EXPLICITLY AGREED TO IN WRITING BY RAZIB RAHMAN TECHNOLOGY CONSULTING LLC, RAZIB RAHMAN TECHNOLOGY CONSULTING LLC MAKES NO OTHER WARRANTIES, EXPRESS OR IMPLIED, IN FACT OR IN LAW, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OTHER THAN AS SET FORTH IN THIS AGREEMENT OR IN THE LIMITED WARRANTY DOCUMENTS PROVIDED WITH THE SOFTWARE PRODUCT.
Razib Rahman Technology Consulting LLC makes no warranty that the Software Product will meet your requirements or operate under your specific conditions of use. Razib Rahman Technology Consulting LLC makes no warranty that operation of the Software Product will be secure, error free, or free from interruption. YOU MUST DETERMINE WHETHER THE SOFTWARE PRODUCT SUFFICIENTLY MEETS YOUR REQUIREMENTS FOR SECURITY AND UNINTERRUPTABILITY. YOU BEAR SOLE RESPONSIBILITY AND ALL LIABILITY FOR ANY LOSS INCURRED DUE TO FAILURE OF THE SOFTWARE PRODUCT TO MEET YOUR REQUIREMENTS. RAZIB RAHMAN TECHNOLOGY CONSULTING LLC WILL NOT, UNDER ANY CIRCUMSTANCES, BE RESPONSIBLE OR LIABLE FOR THE LOSS OF DATA ON ANY COMPUTER OR INFORMATION STORAGE DEVICE.
UNDER NO CIRCUMSTANCES SHALL RAZIB RAHMAN TECHNOLOGY CONSULTING LLC, ITS DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS BE LIABLE TO YOU OR ANY OTHER PARTY FOR INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, PUNITIVE, OR EXEMPLARY DAMAGES OF ANY KIND (INCLUDING LOST REVENUES OR PROFITS OR LOSS OF BUSINESS) RESULTING FROM THIS AGREEMENT, OR FROM THE FURNISHING, PERFORMANCE, INSTALLATION, OR USE OF THE SOFTWARE PRODUCT, WHETHER DUE TO A BREACH OF CONTRACT, BREACH OF WARRANTY, OR THE NEGLIGENCE OF RAZIB RAHMAN TECHNOLOGY CONSULTING LLC OR ANY OTHER PARTY, EVEN IF RAZIB RAHMAN TECHNOLOGY CONSULTING LLC IS ADVISED BEFOREHAND OF THE POSSIBILITY OF SUCH DAMAGES. TO THE EXTENT THAT THE APPLICABLE JURISDICTION LIMITS RAZIB RAHMAN TECHNOLOGY CONSULTING LLC’S ABILITY TO DISCLAIM ANY IMPLIED WARRANTIES, THIS DISCLAIMER SHALL BE EFFECTIVE TO THE MAXIMUM EXTENT PERMITTED.
Limitation of Remedies and Damages
Your remedy for a breach of this Agreement or of any warranty included in this Agreement is the correction or replacement of the Software Product. Selection of whether to correct or replace shall be solely at the discretion of Razib Rahman Technology Consulting LLC. Razib Rahman Technology Consulting LLC reserves the right to substitute a functionally equivalent copy of the Software Product as a replacement. If Razib Rahman Technology Consulting LLC is unable to provide a replacement or substitute Software Product or corrections to the Software Product, your sole alternate remedy shall be a refund of the purchase price for the Software Product exclusive of any costs for shipping and handling.
Any claim must be made within the applicable warranty period. All warranties cover only defects arising under normal use and do not include malfunctions or failure resulting from misuse, abuse, neglect, alteration, problems with electrical power, acts of nature, unusual temperatures or humidity, improper installation, or damage determined by Razib Rahman Technology Consulting LLC to have been caused by you. All limited warranties on the Software Product are granted only to you and are non-transferable. You agree to indemnify and hold Razib Rahman Technology Consulting LLC harmless from all claims, judgments, liabilities, expenses, or costs arising from your breach of this Agreement and/or acts or omissions.
Governing Law, Jurisdiction and Costs
This Agreement is governed by the laws of Pennsylvania, without regard to Pennsylvania’s conflict or choice of law provisions.
If any provision of this Agreement shall be held to be invalid or unenforceable, the remainder of this Agreement shall remain in full force and effect. To the extent any express or implied restrictions are not permitted by applicable laws, these express or implied restrictions shall remain in force and effect to the maximum extent permitted by such applicable laws.