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EULA.
LICENSE AGREEMENT: END-USER LICENSE AGREEMENT
FOR LOCUM SOFTWARE & DATABASES.
IMPORTANT READ CAREFULLY:
This LOCUM End-User License Agreement
("EULA") is a legal agreement between you (either an individual
or a single entity) and LOCUM Corporation for the LOCUM SOFTWARE
PRODUCT (Journal, 24, 33, 50 or 120+ Handbook Series, CMC Series,
Title 17, 19, 21, Ready-To-Go Series, Know-how Data, Template,
SOPs, Assays, Protocols or any Electronic File or Dossier) which
includes "online" or electronic documentation and may include
computer software/data and associated media (on diskette, tape,
video, CD ROM or online) as well as printed materials or printed
copies of the data.
"SOFTWARE PRODUCT" or "SOFTWARE".
By installing, copying, or otherwise using the SOFTWARE PRODUCT,
you agree to be bound by the terms of this EULA. If you do not
agree to the terms of this EULA, you are not authorised to use
the SOFTWARE PRODUCT.
SOFTWARE PRODUCT LICENSE.
The SOFTWARE PRODUCT is protected by copyright laws and international
copyright treaties, as well as other intellectual property laws
and treaties.
The SOFTWARE PRODUCT is licensed, not sold.
1. GRANT OF LICENSE.
This EULA grants you the following rights:
Systems and data software. You may install and use one copy
of the SOFTWARE PRODUCT on a single computer. If the SOFTWARE
PRODUCT includes functionality that enables your single computer
to act as a network server, any number of computers or workstations
may access or otherwise utilise the basic network services of
that server. The basic network services are the SOFTWARE PRODUCTS
are solely for the use of institutional users who have purchased
the product with a multiple user licence operating under the
institutional rights.
MULTIPLE-USER LICENCE.
Dual-users (associated with universities / multicampus institutions)
and employed, teaching or conducting research and/or working
in both academia and industry or in related or similar industries
or institutions require a dual-user license for both the specific
industry and academia use. Access codes to electronic databases
(Title 17, 19 21) are contingent to the dual-user license conditions
and linked to dual-user license registration. Academic institutions
require to obtain and purchase on a order specific basis multiple-user
rights linked to multiple-user license registration for electronic
database use in the applicable academic, teaching, library,
remote or research facility.
STORAGE / NETWORK USE.
You may also store or install a copy of the SOFTWARE PRODUCT
on a storage device, such as a network server, used only to
install or run the SOFTWARE PRODUCT on your other computers
over an internal network; however, you must acquire and dedicate
a license for each separate computer on which the SOFTWARE PRODUCT
is installed or run from the storage device.
A license for the SOFTWARE PRODUCT may not be shared or used
concurrently on different computers.
LICENSE PACK.
If you have acquired this EULA in a LOCUM
License Pack, you may make the number of additional copies of
the computer software portion of the SOFTWARE PRODUCT authorised
on the printed copy of this EULA, and you may use each copy
in the manner specified above.
2. DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS.
Limitations on Reverse Engineering, Decompilation, and Disassembly.
You may not reverse engineer, decompile, or disassemble the
SOFTWARE PRODUCT, except and only to the extent that such activity
is expressly permitted by applicable law notwithstanding this
limitation.
SEPARATION OF COMPONENTS. The SOFTWARE PRODUCT is licensed as
a single product. Its component parts may not be separated for
use on more than one computer.
RENTAL. You may not rent or lease the SOFTWARE PRODUCT.
2.1. CORPORATE CHANGE OF OWNERSHIP
Software Transfer. You may permanently transfer all of your
rights under this EULA with change of ownership of your company,
provided you retain no copies, you transfer all of the SOFTWARE
PRODUCT (including all component parts, the media and printed
materials, any upgrades, this EULA and, if applicable, the Certificate
of Authenticity), and the recipient agrees to the terms of this
EULA as part of the change of ownership agreement.
If the SOFTWARE PRODUCT is an upgrade, any transfer must include
all prior versions of the SOFTWARE PRODUCT. TERMINATION. Without
prejudice to any other rights, LOCUM may terminate this EULA
if you fail to comply with the terms and conditions of this
EULA. In such event, you must destroy all copies of the SOFTWARE
PRODUCT and all of its component parts.
3. UPGRADES.
If the SOFTWARE PRODUCT is an upgrade from another product,
whether from LOCUM or another supplier, you may use or transfer
the SOFTWARE PRODUCT only in conjunction with that upgraded
product, unless you destroy the upgraded product. If the SOFTWARE
PRODUCT is an upgrade of a LOCUM product, you now may use that
upgraded product only in accordance with this EULA. If the SOFTWARE
PRODUCT is an upgrade of a component of a package of software
programs that you licensed as a single product, the SOFTWARE
PRODUCT may be used and transferred only as part of that single
product package and may not be separated for use on more than
one computer.
4.
COPYRIGHT.
All title and copyrights in and to the SOFTWARE PRODUCT (including
but not limited to any images (jpeg, tif, gif etc.), HTML, DTML,
XTML, photographs, animation, video, flash, audio, music, text,
and "applets," incorporated into the SOFTWARE PRODUCT), the
accompanying printed materials, and any copies of the SOFTWARE
PRODUCT, are owned by LOCUM or
its agents and suppliers.
The SOFTWARE PRODUCT is protected by copyright laws and international
treaty provisions. Therefore, you must treat the SOFTWARE PRODUCT
like any other copyrighted material except that you may either
(a) make one copy of the SOFTWARE PRODUCT solely for backup
or archival purposes, or (b) install the SOFTWARE PRODUCT on
a single computer provided you keep the original solely for
backup or archival purposes.
You may not copy the printed materials accompanying the SOFTWARE
PRODUCT.
5. DUAL-MEDIA SOFTWARE.
You may receive the SOFTWARE PRODUCT in more than one medium.
Regardless of the type or size of medium you receive, you may
use only one medium that is appropriate for your single computer.
You may not use or install the other medium on another computer.
You may not loan, rent, lease, or otherwise transfer the other
medium to another user, except as part of the permanent transfer
(as provided above) of the SOFTWARE PRODUCT.
6. US GOVERNMENT RESTRICTED RIGHTS.
The SOFTWARE PRODUCT and documentation are provided with RESTRICTED
RIGHTS. Use, duplication, or disclosure by the Government is
subject to restrictions as set forth in subparagraph (c)(1)(ii)
of the Rights in Technical Data and Computer Software clause
at DFARS 252.227-7013 or subparagraphs (c)(1) and (2) of the
Commercial Computer Software Restricted Rights at 48 CFR 52.227-19,
as applicable
Manufacturer is LOCUM INTERNATIONAL GROUP
LOCUM HOUSE ISRAEL. Should you have any questions concerning
this EULA, or if you desire to contact LOCUM for any reason,
please contact the LOCUM subsidiary serving your country, or
write: LOCUM Sales Information Center
LOCUM INTERNATIONAL GROUP LOCUM HOUSE PO Box. 874 KOCHAV YAIR
44864 ISRAEL.
6.1. LIMITED WARRANTY LIMITED WARRANTY.
LOCUM warrants that (a) the SOFTWARE
PRODUCT will perform substantially in accordance with the accompanying
written materials for a period of ninety (90) days from the
date of receipt, and (b) any hardware accompanying the SOFTWARE
PRODUCT will be free from defects in materials and workmanship
under normal use and service for a period of one (1) year from
the date of receipt. Some states and jurisdictions do not allow
limitations on duration of an implied warranty, so the above
limitation may not apply to you. To the extent allowed by applicable
law, implied warranties on the SOFTWARE PRODUCT and hardware,
if any, are limited to ninety (90) days and one year, respectively.
6.2. CUSTOMER REMEDIES.
LOCUM's and its suppliers' entire liability and your exclusive
remedy shall be, at LOCUM's option, either (a) return of the
price paid, or (b) repair or replacement of the SOFTWARE PRODUCT
or hardware that does not meet LOCUM's
Limited Warranty and which is returned to LOCUM
with a copy of your receipt.
This Limited Warranty is void if failure of the SOFTWARE PRODUCT
or hardware has resulted from accident, abuse, or misapplication.
Any replacement SOFTWARE PRODUCT or hardware will be warranted
for the remainder of the original warranty period or thirty
(30) days, whichever is longer. Outside the United States, neither
these remedies nor any product support services offered by LOCUM
are available without proof of purchase from an authorised international
source.
7. NO OTHER WARRANTIES.
THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, LOCUM
AND ITS SUPPLIERS DISCLAIM ALL OTHER WARRANTIES, EITHER EXPRESS
OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES
OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WITH
REGARD TO THE SOFTWARE PRODUCT, AND ANY ACCOMPANYING HARDWARE.
THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS.
YOU MAY HAVE OTHERS, WHICH VARY FROM STATE/JURISDICTION TO STATE/JURISDICTION.
NO LIABILITY FOR CONSEQUENTIAL
DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW,
IN NO EVENT SHALL LOCUM OR ITS SUPPLIERS BE LIABLE FOR ANY SPECIAL,
INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING,
WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS
INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR ANY OTHER PECUNIARY
LOSS) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE
PRODUCT, EVEN IF LOCUM HAS BEEN ADVISED OF THE POSSIBILITY OF
SUCH DAMAGES. BECAUSE SOME STATES AND JURISDICTIONS DO NOT ALLOW
THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR
INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
Copyright and Trademark Notice All Contents © 2010
IAGIM,. All Rights Reserved.
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