PLEASE READ THIS LICENSE AGREEMENT CAREFULLY BEFORE DOWNLOADING, INSTALLING OR USING
THE HANDY EMR AND/OR HANDY EMR - DESKTOP SOFTWARE THAT EXCEL MEDICAL RESOURCES, LLC
PRODUCED. BY DOWNLOADING, INSTALLING AND/OR USING THE SOFTWARE, YOU (INDIVIDUALLY OR
AS AN ENTITY) ARE AGREEING TO BE BOUND BY THE TERMS OF THIS LICENSE. IF YOU DO NOT
ACCEPT THE TERMS OF THIS LICENSE DO NOT DOWNLOAD, INSTALL OR USE THE SOFTWARE. IF YOU
DOWNLOAD, INSTALL AND/OR USE THE SOFTWARE AND YOU DECIDE NOT TO KEEP THE SOFTWARE,
FOR WHATEVER REASON, THEN REMOVE ALL COPIES OF THE SOFTWARE FROM YOUR COMPUTER AND
YOUR PDA AND DESTROY ALL SUCH COPIES AND ANY AND ALL DOCUMENTATION RELATED THERETO
SUCH SOFTWARE.
A. License. The HanDy EMR and/or HanDy EMR - Desktop, Version 2.0 Software that you download from the
EXCEL MEDICAL RESOURCES, LLC Web site (hereinafter "Software"), is licensed to you by EXCEL MEDICAL
RESOURCES, LLC ("VENDOR") pursuant to the terms of this License Agreement (the “License”). You own the
medium on which the Software is recorded, but VENDOR and VENDOR's Licensors (referred to collectively as
"VENDOR") retain title to the Software and related documentation. Pursuant to the rights granted to you by this
License, you may:
and thus, the rights granted to you pursuant to this License are limited. Except as permitted by applicable
legislation, you shall not:
You shall cooperate with VENDOR, and shall render all reasonable assistance requested by VENDOR, to assist
VENDOR in preventing and identifying any use of, or access to, the Software in violation of this License.
C. Termination. This License is effective until terminated. You may terminate this License at any time by
destroying the Software, related documentation and all copies thereof. This License will terminate immediately
without notice from VENDOR if you fail to comply with any provision of this License. Upon termination you must
destroy the Software, related documentation and all copies thereof.
D. Export Law Assurance. You agree and certify that neither the Software nor any other technical data
received from VENDOR, nor the direct product thereof, will be exported outside the United States except as
authorized and as permitted by the laws and regulations of the United States. If the Software has been rightfully
obtained by you outside of the United States, you agree that you will not re-export the Software nor any other
technical data received from VENDOR, nor the direct product thereof, except as permitted by the laws and
regulations of the United States and the laws and regulations of the jurisdiction in which you obtained the
Software.
E. Government End Users. If you are acquiring the Software on behalf of any unit or agency of the United
States Government, the following provisions apply. The Government agrees:
F. Disclaimer of Warranty on Software. You expressly acknowledge and agree that use of the Software is at
your sole risk. The Software and related documentation are provided "AS IS" and without warranty of any kind
and VENDOR EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS AND IMPLIED, INCLUDING, BUT NOT
LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR
PURPOSE. VENDOR DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SOFTWARE WILL
MEET YOUR 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 YOU. FURTHERMORE, VENDOR
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
VENDOR OR VENDOR'S AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY OR IN ANY WAY
INCREASE THE SCOPE OF THIS WARRANTY. SHOULD THE SOFTWARE PROVE DEFECTIVE, YOU (AND NOT
VENDOR OR VENDOR'S AUTHORIZED REPRESENTATIVE) ASSUME THE ENTIRE COST OF ALL NECESSARY
SERVICING, REPAIR OR CORRECTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED
WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
G. Limitation of Liability. UNDER NO CIRCUMSTANCES INCLUDING NEGLIGENCE, SHALL VENDOR, OR ITS
DIRECTORS, OFFICERS, MEMBERS, MANAGERS, EMPLOYEES OR AGENTS, BE LIABLE TO YOU FOR ANY
INCIDENTAL, INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF
BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, PATIENT INFORMATION,
AND THE LIKE) ARISING OUT OF THE USE, MISUSE OR INABILITY TO USE THE SOFTWARE OR RELATED
DOCUMENTATION, EVEN IF VENDOR OR VENDOR'S AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED
OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR
EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR
EXCLUSION MAY NOT APPLY TO YOU. In no event shall VENDOR's total liability to you for all damages, losses,
and causes of action (whether in contract, tort (including negligence) or otherwise) exceed the amount paid by
you for the Software.
H. Controlling Law and Severability. This License shall be governed by and construed in accordance with the
laws of the United States, and the State of Illinois without regard to its laws of conflicts, as applied to agreements
entered into and to be performed entirely within Illinois between Illinois. 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 to effect the intent of the parties, and the remainder
of this License shall continue in full force and effect. Personal jurisdiction and venue for all disputes arising out of
the performance of this License shall be vested exclusively in any court sitting in Cook County, Illinois.
I. Injunctive Relief. You acknowledge and agree that the copying, disclosure or use of the Software or any
information, materials or services provided hereunder in a manner inconsistent with any provision of this License
shall cause irreparable injury to VENDOR for which VENDOR shall not have an adequate remedy at law.
Accordingly, VENDOR shall be entitled to equitable relief in court, including but not limited to temporary
restraining orders, preliminary injunctions and permanent injunctions, and without limiting the rights available to
VENDOR, VENDOR may seek any other remedies as may be available to it.
J. Complete Agreement. This License 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 VENDOR.
THE HANDY EMR AND/OR HANDY EMR - DESKTOP SOFTWARE THAT EXCEL MEDICAL RESOURCES, LLC
PRODUCED. BY DOWNLOADING, INSTALLING AND/OR USING THE SOFTWARE, YOU (INDIVIDUALLY OR
AS AN ENTITY) ARE AGREEING TO BE BOUND BY THE TERMS OF THIS LICENSE. IF YOU DO NOT
ACCEPT THE TERMS OF THIS LICENSE DO NOT DOWNLOAD, INSTALL OR USE THE SOFTWARE. IF YOU
DOWNLOAD, INSTALL AND/OR USE THE SOFTWARE AND YOU DECIDE NOT TO KEEP THE SOFTWARE,
FOR WHATEVER REASON, THEN REMOVE ALL COPIES OF THE SOFTWARE FROM YOUR COMPUTER AND
YOUR PDA AND DESTROY ALL SUCH COPIES AND ANY AND ALL DOCUMENTATION RELATED THERETO
SUCH SOFTWARE.
A. License. The HanDy EMR and/or HanDy EMR - Desktop, Version 2.0 Software that you download from the
EXCEL MEDICAL RESOURCES, LLC Web site (hereinafter "Software"), is licensed to you by EXCEL MEDICAL
RESOURCES, LLC ("VENDOR") pursuant to the terms of this License Agreement (the “License”). You own the
medium on which the Software is recorded, but VENDOR and VENDOR's Licensors (referred to collectively as
"VENDOR") retain title to the Software and related documentation. Pursuant to the rights granted to you by this
License, you may:
- Load and use the Software on a single computer and a single companion PDA;
- Make one copy of the Software in machine-readable form for backup purposes only, however, you must
reproduce on such copy the VENDOR's copyright notice and any other proprietary legends that were on
the original copy of the Software including but not limited to the copyright notice that appears in the static
library (the “Static Libraries”) as provided by PalmSource; - Transfer all your license rights in the Software, the backup copy of the Software, the related documentation
and a copy of this License to another party, provided the other party reads and agrees to accept the terms
and conditions of this License.
and thus, the rights granted to you pursuant to this License are limited. Except as permitted by applicable
legislation, you shall not:
- Decompile, reverse engineer, disassemble or otherwise reduce the Software to a human-perceivable form;
- Modify, network, rent, lend, loan, create any alteration, adaptation, translation, improvement, or distribute
or create derivative works based upon the Software in whole or in part, or any of the Static Libraries and
software that have been provided by PalmSource; - Electronically transmit the Software from one computer to another or over a network;
- Upload the Software to electronic bulletin boards, web sites, or otherwise transmit or distribute the Software
or any portion thereof, whether electronically, or on tangible media. - Use any of the corporate names, trademarks, service marks, certification marks, trade names, slogans,
logos or other designations of VENDOR or of PalmSource and its parent corporation or any of its
subsidiaries or affiliates even if such marks appear on or in the Software or are otherwise included in any
materials provided to you in connection with this License.
You shall cooperate with VENDOR, and shall render all reasonable assistance requested by VENDOR, to assist
VENDOR in preventing and identifying any use of, or access to, the Software in violation of this License.
C. Termination. This License is effective until terminated. You may terminate this License at any time by
destroying the Software, related documentation and all copies thereof. This License will terminate immediately
without notice from VENDOR if you fail to comply with any provision of this License. Upon termination you must
destroy the Software, related documentation and all copies thereof.
D. Export Law Assurance. You agree and certify that neither the Software nor any other technical data
received from VENDOR, nor the direct product thereof, will be exported outside the United States except as
authorized and as permitted by the laws and regulations of the United States. If the Software has been rightfully
obtained by you outside of the United States, you agree that you will not re-export the Software nor any other
technical data received from VENDOR, nor the direct product thereof, except as permitted by the laws and
regulations of the United States and the laws and regulations of the jurisdiction in which you obtained the
Software.
E. Government End Users. If you are acquiring the Software on behalf of any unit or agency of the United
States Government, the following provisions apply. The Government agrees:
- If the Software is supplied to the Department of Defense (DoD), the Software is classified as "Commercial
Computer Software" and the Government is acquiring only "restricted rights" in the Software and its
documentation as that term is defined in Clause 252.227-7013(c)(1) of the DFARS; and - If the Software is supplied to any unit or agency of the United States Government other than DoD, the
Government's rights in the Software and its documentation will be as defined in Clause 52.227-19(c)(2) of
the FAR or, in the case of NASA, in Clause 18-52.227-86(d) of the NASA Supplement to the FAR.
F. Disclaimer of Warranty on Software. You expressly acknowledge and agree that use of the Software is at
your sole risk. The Software and related documentation are provided "AS IS" and without warranty of any kind
and VENDOR EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS AND IMPLIED, INCLUDING, BUT NOT
LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR
PURPOSE. VENDOR DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SOFTWARE WILL
MEET YOUR 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 YOU. FURTHERMORE, VENDOR
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
VENDOR OR VENDOR'S AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY OR IN ANY WAY
INCREASE THE SCOPE OF THIS WARRANTY. SHOULD THE SOFTWARE PROVE DEFECTIVE, YOU (AND NOT
VENDOR OR VENDOR'S AUTHORIZED REPRESENTATIVE) ASSUME THE ENTIRE COST OF ALL NECESSARY
SERVICING, REPAIR OR CORRECTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED
WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
G. Limitation of Liability. UNDER NO CIRCUMSTANCES INCLUDING NEGLIGENCE, SHALL VENDOR, OR ITS
DIRECTORS, OFFICERS, MEMBERS, MANAGERS, EMPLOYEES OR AGENTS, BE LIABLE TO YOU FOR ANY
INCIDENTAL, INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF
BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, PATIENT INFORMATION,
AND THE LIKE) ARISING OUT OF THE USE, MISUSE OR INABILITY TO USE THE SOFTWARE OR RELATED
DOCUMENTATION, EVEN IF VENDOR OR VENDOR'S AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED
OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR
EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR
EXCLUSION MAY NOT APPLY TO YOU. In no event shall VENDOR's total liability to you for all damages, losses,
and causes of action (whether in contract, tort (including negligence) or otherwise) exceed the amount paid by
you for the Software.
H. Controlling Law and Severability. This License shall be governed by and construed in accordance with the
laws of the United States, and the State of Illinois without regard to its laws of conflicts, as applied to agreements
entered into and to be performed entirely within Illinois between Illinois. 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 to effect the intent of the parties, and the remainder
of this License shall continue in full force and effect. Personal jurisdiction and venue for all disputes arising out of
the performance of this License shall be vested exclusively in any court sitting in Cook County, Illinois.
I. Injunctive Relief. You acknowledge and agree that the copying, disclosure or use of the Software or any
information, materials or services provided hereunder in a manner inconsistent with any provision of this License
shall cause irreparable injury to VENDOR for which VENDOR shall not have an adequate remedy at law.
Accordingly, VENDOR shall be entitled to equitable relief in court, including but not limited to temporary
restraining orders, preliminary injunctions and permanent injunctions, and without limiting the rights available to
VENDOR, VENDOR may seek any other remedies as may be available to it.
J. Complete Agreement. This License 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 VENDOR.
| LICENSE AGREEMENT FOR HanDy EMR AND HanDy EMR - DESKTOP |
| HanDy EMR is a trademark of Excel Medical Resources, LLC Copyright protected 2005 |
