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.
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.