ScyMed Health 101
LICENSE AGREEMENT

END-USER LICENSE AGREEMENT FOR HEALTH 101(tm) SOFTWARE AND BMICALX(tm)

IMPORTANT READ CAREFULLY:

This End-User License Agreement ("EULA"), constitutes a legal agreement between you (the "User"), either an individual or a single user at an entity, and ScyMed, S.A. de C.V., a Mexican Corporation ("ScyMed") for the Health 101(tm) software product identified above, BMIcalx(tm) software and any accompanying documentation (the "Software").
By installing, copying, downloading or in any other form using the "Software" you agree to be bound by the terms and conditions of this "EULA". If you do not agree to the terms of this "EULA", you are not licensed by ScyMed to use this Software. In such event, you may not in any form use or copy the Software. If the Software was purchased by you, you may return it to the place of purchase for a full refund.
The Software is the property of ScyMed and is protected by Mexican and U.S. copyright laws, patent and trademark laws and international copyright treaties, as well as other intellectual property laws and international treaties and conventions. The software product is licensed, not sold.


LICENSE GRANT.

This EULA grants you the following rights:

(a) Software Installation and Use.
Subject to the terms and conditions of this agreement, ScyMed grants the User a nonexclusive, non transferable license (the "License") to use the Software only on a single microcomputer at a time. User may not use the Software on more than one microcomputer at a time or on a network unless additional licenses are purchased.

(b) Storage/Network Use.
The Software may not be installed, accessed, displayed, run, shared or used concurrently on or from different computers, including a workstation, network server, terminal or other digital electronic device.

(c) Back-up Copy.
User may make one copy of the Software in machine-readable form for backup purposes only. User must reproduce on such copy ScyMed's copyright notice and any other proprietary legends that were on the original copy of the Software. Except as expressly provided in this EULA, User may not otherwise make copies of the Software, including the printed materials (if any) accompanying the Software.


RESTRICTIONS.

User may not modify, network, create derivative works based upon, rent, lease, loan, sublicense, timeshare, or distribute the Software, or allow any third party other than User access to or use of the Software. User acknowledges that the Software contains copyrighted material, patents, trademarks, trade secrets, and other proprietary information of ScyMed and, accordingly, User agrees not to modify, disassemble, decompile, reverse engineer, or otherwise try to derive the source code of the Software. User may not copy the Software other than to load it onto a hard disk and to make a single backup or archival copy thereof (on which User agrees to reproduce all copyright and other notices as contained in the original copy). Licensee may not copy the Documentation. The software product is licensed as a single product. Its components parts may not be separated.

User may permanently transfer all of its rights under this "EULA", provided (a) the recipient agrees and abides by all the terms of this "EULA", (b) you retain no copies of the software and accompanying materials (whole or partial).

User may not distribute any copy of this Software to third parties.

User is not permitted to remove any copyright notice or proprietary legend from the Software or its output. Further, User is not permitted to use the software to create tables, files, databases or other compendiums.


TERMINATION.

This License is effective until terminated. User may terminate this "EULA" at any time by destroying the Software, related documentation (if any) and all copies thereof. Without prejudice to any other ScyMed's rights, this License will terminate immediately without notice from ScyMed if User fails to comply with any provision of this License. Upon termination, the User must destroy the Software, related documentation and all copies thereof.


PRODUCT SUPPORT.

Product support for the Software is not provided by ScyMed.


COPYRIGHT AND TRADEMARKS.

User acknowledges and agrees that ScyMed is the sole owner of all title, trademarks and copyrights in and pertaining to the software product, including but not limited to texts, images, photographs, video, audio, applets, scripts, etc. any copies thereof are owned by ScyMed. This EULA does not grant User any rights in connection with any trademarks or service marks of ScyMed. All rights not expressly granted are reserved by ScyMed.


LIMITED WARRANTY ON MEDIA.

ScyMed warrants the tangible media on which the Software is recorded to be free from defects in materials and workmanship under normal use for a period of ninety (90) days from the date of purchase as evidenced by a copy of the receipt. ScyMed's entire liability and User's exclusive remedy will be replacement of the media not meeting ScyMed's limited warranty and which is returned to ScyMed or a ScyMed authorized representative with a copy of the sales receipt. ScyMed will have no responsibility to replace any media damaged by accident, abuse or misapplication. ANY IMPLIED WARRANTIES ON THE TANGIBLE MEDIA, ARE LIMITED IN DURATION TO NINETY (90) DAYS FROM THE DATE OF DELIVERY. This warranty gives you specific legal rights, and you may also have other rights which vary by jurisdiction.


DISCLAIMER OF WARRANTY ON SOFTWARE AND LIMITATION OF LIABILITY

User expressly acknowledges and agrees that use of the Software is at his/her sole risk.

The Software and related documentation are provided on an "AS IS" basis and without warranty of any kind and SCYMED EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS AND IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WARRANTIES AS TO THE ACCURACY, COMPLETENESS OR TIMELINESS, CONCERNING THE INFORMATION, OUTPUT RESULTS, VIEWS AND/OR FUNCTIONALITY (COLLECTIVELY "INFORMATION AND FUNCTIONALITY") AVAILABLE OR OBTAINED THROUGH THE USE OF THE SOFTWARE.

SCYMED DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SOFTWARE WILL MEET USER REQUIREMENTS, OR THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE SOFTWARE WILL BE CORRECTED. THE ENTIRE RISK AS TO THE RESULTS AND PERFORMANCE OF THE SOFTWARE IS ASSUMED BY THE USER.

FURTHERMORE, SCYMED DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SOFTWARE OR RELATED DOCUMENTATION IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, CURRENTNESS, OR OTHERWISE. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY SCYMED OR SCYMED's AUTHORIZED REPRESENTATIVES SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THIS WARRANTY. SHOULD THE SOFTWARE PROVE DEFECTIVE, YOU (AND NOT SCYMED OR SCYMED's AUTHORIZED REPRESENTATIVE) ASSUME THE ENTIRE LIABILITY.

USER SHALL NEVER ASSUME THAT INFORMATION AND FUNCTIONALITY IS ACCURATE, COMPLETE OR THE MOST UP-TO-DATE INFORMATION AVAILABLE. SCYMED SHALL NOT BE LIABLE TO USER OR ANYONE ELSE IN ANY WAY FOR ANY LOSS, CLAIM OR DAMAGES CAUSED IN WHOLE OR IN PART BY SOFTWARE INFORMATION AND/OR FUNCTIONALITY.



DISCLAIMER AND NOTICE SPECIFIC TO MEDICAL SOFTWARE

ALL INFORMATION, DATA AND CONTENT OBTAINED THROUGH THE USE OF HEALTH 101(tm) ARE PROVIDED WITH INFORMATIONAL AND EDUCATIONAL PURPOSES ONLY. IN NO WAY IT IS A SUBSTITUTE FOR PROFESSIONAL MEDICAL CARE. THE PROGRAM DOES NOT OFFER A DIAGNOSIS OR TREATMENT PLAN. THE USER MUST ALWAYS CHECK WITH A LICENSED PHYSICIAN (MD) BEFORE MAKING ANY DECISIONS OR TAKING ANY ACTIONS REGARDING HIS/HER HEALTH. THE USER IS RESPONSIBLE TO VERIFY THE ACCURACY AND COMPLETENESS OF ALL INFORMATION PROVIDED IN THIS PROGRAM. NORMAL VALUES PRESENTED HERE ARE ONLY A GENERAL GUIDE. IT IS ESSENTIAL TO CHECK THE NORMAL VALUES ESTABLISHED BY THE SPECIFIC LABORATORY AND/OR HOSPITAL PERFORMING THE TESTS.

THE SOFTWARE IS INTENDED FOR INFORMATIONAL AND EDUCATIONAL PURPOSES ONLY. COMPUTER SOFTWARE IN GENERAL AND THE HEALTH 101(tm) SOFTWARE IN PARTICULAR SHOULD NEVER SUBSTITUTE FOR PROFESSIONAL MEDICAL CARE.

Medicine is a dynamic multidisciplinary science. New research and clinical experience increase our knowledge continuously. The authors, development team and ScyMed have checked the sources believed to be reliable in their efforts to provide appropriate information at the time of release. However, in view of the possibility of changes in medicine/science, human error, and/or different interpretations, neither the authors, nor ScyMed, nor any other party that has been involved in the development and preparation of this Software Program (and ScyMed's websites) warrants that the information contained herein and the functionality of the program are in every respect accurate, complete or exact. Neither ScyMed, nor the authors, nor any other party that has been involved in the development and preparation of this software program and content shall be liable to the user or to anyone else for any inaccuracy, delay, interruption in service, error or omission, regardless of cause, or for any damages resulting therefrom.

Most of the clinical formulas, equations and algorithms were devised under strict conditions, they have to be taken only as guidelines, not the 'last word'. Assumptions must be carefully considered. The information contained herein must be routinely confirmed with original articles and other sources.

Users should also consult their own Laboratories for normal values, and actual packet inserts of Drugs and medications for current recommendations (administration, dosage, contraindications, etc.).

In no event ScyMed shall be liable to the User or anyone else for any direct, indirect or consequential damages, including but not limited to, personal injury, lost time, lost of business profits or good will, business interruption ARISING OUT OF THE USE, MISUSE OR INABILITY TO USE THE SOFTWARE, whether in contract, tort, strict liability or otherwise, and whether or not such damages are foreseen or not with respect to any use of the Software. The User agrees that any and all lawsuits of whatever kind assessed against ScyMed, arising out of, or relating to use of the Software shall not exceed the total amount the User paid for the Software.


CONTROLLING LAW AND SEVERABILITY.

This "EULA" shall be governed by and construed in accordance with the laws of Mexico City, Mexico, as applied to agreements entered into and to be performed entirely within Mexico City, Mexico, between Mexico residents. If for any reason a court of competent jurisdiction finds any provision of this License or portion thereof, to be unenforceable, that provision of the License shall be enforced to the maximum extent permissible so as to effect the intent of the parties, and the remainder of this "EULA" shall continue in full force and effect.


COMPLETE AGREEMENT.

This "EULA" constitutes the entire agreement between the parties with respect to the use of the Software and the related documentation, and supersedes all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. No amendment to or modification of this License will be binding unless in writing and signed by a duly authorized representative of ScyMed.

This Agreement was last updated on January, 2005.


ScyMed, S.A. de C.V.
Mexico City 05120

Copyright ©1999-2005 SCYMED, S.A. DE C.V. All rights reserved.



Warning: All information, data and content obtained through the use of BMIcalx™ and/or Health 101™ are provided with 'informational' and 'educational' purposes only. In no way it is a substitute for professional medical care. The program does not offer a diagnosis or treatment plan. Always check with your Doctor (licensed physician) before making any decisions or taking any actions regarding your health. The User is responsible to verify the accuracy and completeness of all information provided in this program. Normal values presented here are only a general guide. It is essential to check the Normal values established by the specific Laboratory and/or Hospital performing the tests.

Copyright ©2005 ScyMed, S.A. de C.V. All rights reserved.
Any use is subject to the Terms of Use (EULA).
BMIcalx™, Health 101™ and ScyMed® are trademarks or registered TM of ScyMed, S.A. de C.V.
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