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TERMS AND CONDITIONS OF LICENCE IMPORTANT THIS AGREEMENT CONTAINS THE LICENCE TERMS AND CONDITIONS AND A GUARANTEE FOR WORLDMEDIC SOFTWARE CONTAINED IN THE PACKAGE. LOADING THE SOFTWARE PACKAGE SIGNIFIES YOUR ACCEPTANCE OF THIS AGREEMENT. IF YOU DO NOT ACCEPT THIS AGREEMENT, YOU MUST RETURN THE SOFTWARE PACKAGE TO YOUR SUPPLIER. LICENCE 1. LICENCE GRANT Ownership of the WorldMedic software contained in the enclosed package ("the Licensed Software") is not transferred to the Customer. WorldMedic hereby grants the Customer a non-exclusive, non-transferable licence to use the Licensed Software on a single computer. If the Licensed Software is shared between multiple computer workstations on a network, each computer workstation must have its own, separately Licensed Software. 2. COPYING RESTRICTIONS The Customer may copy the Licensed Software, in whole or in part, only for backup and archival purposes. No more than two (2) copies may be in existence at any time. Each copy shall include, in readable format, any and all confidential, proprietary and copyright notices or markings contained on the original Licensed Software. 3. CUSTOMER COMMUNICATION OF RESTRICTIONS The Customer shall communicate the terms and conditions of this Licence Agreement to those persons employed by the Customer or under the Customer's direction and control who shall use the Licensed Software. 4. CUSTOMER COMPLIANCE AND UNAUTHORISED USE The Customer agrees to use its best endeavours to ensure that persons employed by the Customer, or under the Customer's direction and control, abide by the terms and conditions of this Licence Agreement including, without limitation, not knowingly permitting anyone to use any portion of the Licensed Software for the purpose of deriving its source code. If the Customer becomes aware that the Licensed Software is being used by such persons in a manner not authorised by this Agreement, the Customer shall immediately use its best endeavours to have such unauthorised use immediately cease. The Customer shall notify WorldMedic in writing of the unauthorised use in the event that such unauthorised use continues for an unreasonable period after the Customer becomes aware of it. 5. THIRD PARTY SOFTWARE The Licensed Software is protected by Copyright and other proprietary rights of WorldMedic and, depending upon the Licensed Software provided, of a third party. The Customer may be held directly responsible by such third party for acts done by the Customer or on its behalf in relation to the Licensed Software which are not authorised by this Agreement. 6. LIMITED WARRANTY WorldMedic makes no guarantee that the operation of the Licensed Software will be uninterrupted or error-free, or that the Licensed Software will meet the Customer's requirements, or will operate in the combination chosen by the Customer. 7. DISCLAIMER WORLDMEDIC GRANTS NO OTHER WARRANTIES ON THE LICENSED SOFTWARE AND ANY LIABILITY OF WORLDMEDIC FOR BREACH OF ANY OTHER WARRANTY OR CONDITION, EXPRESS OR IMPLIED, WHETHER BY STATUTE OR OTHERWISE, INCLUDING ANY LIABILITY FOR INDIRECT OR CONSEQUENTIAL LOSS OR DAMAGE (INCLUDING LOSS OF DATA) ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE LICENSED SOFTWARE IS HEREBY EXPRESSLY EXCLUDED. WORLDMEDIC FURTHER DISCLAIMS ANY WARRANTIES OR REPRESENTATIONS MADE BY PERSONS OTHER THAN WORLDMEDIC (INCLUDING BUT NOT LIMITED TO WORLDMEDIC DISTRIBUTORS AND DEALERS). 8. PATENT AND COPYRIGHT INDEMNITY WorldMedic is not responsible for any litigation expenses or settlements unless it shall have expressly agreed to them in writing. To avoid potential infringement, even if not alleged, WorldMedic may, at its option, and at no charge to the Customer, obtain a licence, or modify, or substitute an equivalent of, or remove the Licensed Software. WorldMedic is not liable for any infringement due to the Licensed Software being made or modified to the Customer specifications, or being used or sold in combination with equipment, software, or supplies not provided by WorldMedic. The foregoing states the entire liability of WorldMedic for infringement of any patent, trade secret, copyright or other industrial property right. 9. LICENSED SOFTWARE UPDATES WorldMedic may at its sole discretion, offer the Customer updates of the Licensed Software. WorldMedic retains the right to require payment of an additional fee for such updates. The Customer may, of course, decline such updates. 10. CUSTOMER SELECTION OF LICENSED SOFTWARE The Customer is solely responsible for the selection of the Licensed Software to achieve the Customer's intended results. 11. OTHER LEGAL ISSUES This software is based in part on the work of the Independent JPEG Group.
TERMS AND CONDITIONS OF LICENCE 2008
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