| End User Licence Agreement |
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| With this service you receive the right to use this product on one PC or on the specified number of PCs during the service period, which begins upon initial installation. This renewable service includes protection updates and new product features as available throughout the service period, subject to acceptance of the Ardeo Licence Agreement included with this product and available for review at www.ardeo.com. Product features may be added, modified or removed during the service period. |
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| Subscription End User Licence Agreement 140207.1 |
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| Please note this Ardeo software may contain open source and commercial software components from 3rd parties that are not associated or commercially linked with Ardeo. Ardeo recognises the copyright owned by these 3rd parties. The legal terms and conditions that govern these products are set forth separately and available from the respective organisations. Ardeo shall not have any liability with respect to the 3rd party products and components and expressly disclaims all warranties of any kind relating to the 3rd party components and products, including but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement of intellectual property rights. |
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| ARDEO SOFTWARE SERVICE LICENCE AGREEMENT |
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| IMPORTANT: please read the terms and conditions of this licence agreement (“licence agreement”) carefully before using the software. Ardeo plc and/or its subsidiaries (“Ardeo”) is willing to license the software to you as the individual, the company, or the legal entity that will be utilising the software (referenced below as “you” or “your”) only on the condition that you accept all of the terms of this licence agreement. This is a legal and enforceable contract between you and Ardeo. By opening this package, breaking the seal, clicking the “accept” or “yes” button or otherwise indicating assent electronically, or loading the software, you agree to the terms and conditions of this licence agreement. If you do not agree to these terms and conditions, click the “I do not accept” or “No” button or otherwise indicate refusal, make no further use of the software, and contact Ardeo customer service for information
on how to obtain a refund of the money you paid for the software (less shipping, handling, and any applicable taxes except in certain states and countries where shipping, handling, and taxes are refundable) at any time during the fourteen (14) day period following the date of purchase. |
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| 1. Licence: |
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| The software and documentation, including any product packaging, (“Documentation”) that accompanies this licence (collectively the “Software”) is the property of Ardeo or its licensors, and is protected by copyright law. While Ardeo continues to own the Software, after Your acceptance of this License Agreement You will have certain rights to use the Software during the Service Period. The “Service Period” shall begin on the date of Your initial installation of the Software, and shall last for the period of time set forth in the Documentation or the applicable transaction documentation from the authorised distributor, reseller or service provider from which you obtained the Software. The Software may automatically deactivate and become non-operational at the end of the Service Period, and you will not be entitled to receive any feature or content updates to the Software unless the Service Period is renewed.
Subscriptions for renewals of the Service Period will be available in accordance with Ardeo’s support policy posted at http://www.ardeo.com. |
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| This licence governs any releases, revisions, updates or enhancements to the Software that Ardeo may make available to You. Except as may be modified by the Documentation, Your rights and obligations with respect to the use of this Software are as follows. |
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| During the Service Period, You may: |
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| A. use one copy of the Software on a single computer. If a greater number of copies is specified within the applicable Documentation, or the applicable transaction documentation from the authorised Subscription EULA distributor, reseller or service provider from which you obtained the Software, you may make the specified number of copies; |
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| B. make one copy of the Software for archival purposes, or copy the Software onto the hard disk of Your computer and retain the original for archival purposes; |
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| C. use the Software on a network, provided that You have a licensed copy of the Software for each computer that can access the Software over that network; |
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| D. transfer the Software on a permanent basis to another person or entity, provided that You retain no copies of the Software and the transferee agrees to the terms of this licence. Partial transfer of the Software shall not be permitted. For example, if the Documentation grants You the right to use three (3) copies of the Software, only a transfer of all three (3) copies of the Software would be valid; and |
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| E. use the Software in accordance with any additional permitted uses set forth below. |
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| You may not: |
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| A. sub-license, rent or lease any portion of the Software; |
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| B. reverse engineer, decompile, disassemble, modify, translate, make any attempt to discover the source code of the Software or create derivative works from the Software; |
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| C. use the Software as part of a facility management, timesharing, service provider or service bureau arrangement, unless you are using the software as part of a service provided by an authorised Ardeo service provider; or |
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| D. use the Software in any manner that is not permitted pursuant to this licence. |
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| 2. Software Feature and Content Updates: |
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| A. You shall have the right to receive new features to the Software as such features are made available by Ardeo in its discretion during Your Service Period. Ardeo may, at its discretion, add, modify or remove features from the Software at any time with or without notice to You. |
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| B. Certain Software utilise content that is updated from time to time, including but not limited to the following Software: Pathway Screens and Dataset Forms utilise updated processes, protocols, data or fields definitions; Professional and NHS Datasets utilise updated codes; Letters and reports utilise updated statements and patient information; Image viewing utilities utilise code, methods and properties defined by external organisations; these updates are collectively referred to as “Content Updates” (or alternatively referred to as “Product Updates” at times). You shall have the right to receive Content Updates for the Software during Your Service Period. |
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| 3. Product Installation; Required Activation: |
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| A. During the installation process, the Software may uninstall or disable other Java, networking, messaging or database products, or features thereof, if such products or features are incompatible with the Software or for purposes of improving the overall functionality of the Software. |
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| B. There may be technological measures in this Software that are designed to prevent unlicensed or illegal use of the Software. You agree that Ardeo may use these measures to protect Ardeo against software piracy. This Software may contain enforcement technology that limits the ability to install and uninstall the Software on a computer to not more than a finite number of times for a finite number of computers. This Licence Agreement and the Software containing enforcement technology require activation as further set forth in the Documentation. The Software will only operate for a finite period of time prior to Software activation by You. During activation, You may be required to provide Your unique product key accompanying the Software and computer configuration in the form of an alphanumeric code over the Internet to verify the authenticity of the Software. If You do not complete the activation within the finite period of time set forth in the Documentation,
or as promted by the Software, the Software will cease to function until activation is complete; at which time the Software functionality will be restored. In the event that You are not able to activate the Software over the Internet, or through any other method specified during the activation process, You may contact Ardeo Customer Support using the information provided by Ardeo during activation, or via accounts:@ardeo.com |
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| 4. Privacy; Data Protection |
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| From time to time, the Software will collect certain information from the computer on which it is installed, which may include: |
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| . Information regarding installation of the Software. This information indicates to Ardeo whether installation of the Software was successfully completed and is collected by Ardeo for the purpose of evaluating and improving Ardeo’s product installation success rate. This information will not be correlated with any personally identifiable information. |
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| . Information on links to 3rd Paty software systems used in conjunction with the Software. This information is collected by Ardeo for the purpose of evaluating and improving the ability of Ardeo’s products. This information will not be correlated with any personally identifiable information. |
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| . The name given during initial setup to the computer on which the Software is being installed. If collected, the name will be used by Ardeo as an account name for such computer under which you may elect to receive additional services and/or under which you may use certain features of the Software. You may change the account name at any time after installation of the Software (recommended). |
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| . Other information used for purposes of analysing and improving the functionality of Ardeo’s products. This information will not be correlated with any personally identifiable information. Ardeo may disclose the collected information if asked to do so by a law enforcement official as required or permitted by law or in response to a subpoena or other legal process. |
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| . In order to promote awareness and adoption of best practices and improvements of usage, Ardeo may share certain information with other users, research organisations and other software vendors. Ardeo may use anonymous information to track and publish templates and reports on screen usage, protocol definition and working practices. By using the Software, you acknowledge and agree that Ardeo may collect, transmit, store, disclose and analyse such information for these purposes. |
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| 5. Fourteen (14) Day Money Back Guarantee: |
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| If You are the original licensee of this copy of the Software and are not completely satisfied with it for any reason, please contact Ardeo Customer Service for a refund of the money You paid for the Software (less shipping, handling, and any applicable taxes except in certain states and countries where shipping, handling and taxes are refundable) at any time during the fourteen (14) day period following the date of purchase. |
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| 6. Limited Warranty: |
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| Ardeo warrants that the media on which the Software is distributed will be free from defects for a period of fourteen (14) days from the date of delivery of the Software to You. Your sole remedy in the event of a breach of this warranty will be that Ardeo will, at its option, replace any defective media returned to Ardeo within the warranty period or refund the money You paid for the Software. Ardeo does not warrant that the Software will meet Your requirements or that operation of the Software will be uninterrupted or that the Software will be error-free. |
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| To the maximum extent permitted by applicable law, the above warranty is exclusive and in lieu of all other warranties, whether express or implied, including the implied warranties of merchantability, fitness for a particular purpose, and non-infringement of intellectual property rights. This warranty gives you specific legal rights. You may have other rights, which vary from state to state and country to country. |
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| 7. Disclaimer of Damages: |
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| Some states and countries, including member countries of the European economic area, do not allow the limitation or exclusion of liability for incidental or consequential damages, so the limitation or exclusion below may not apply to you. |
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| To the maximum extent permitted by applicable law and regardless of whether any remedy set forth herein fails of its essential purpose, in no event will Ardeo or its licensors be liable to you for any special, consequential, indirect, or similar damages, including any lost profits or lost data arising out of the use or inability to use the software even if Ardeo has been advised of the possibility of such damages. |
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| In no case shall Ardeo’s or its licensors’ liability exceed the purchase price for the applicable service period. the disclaimers and limitations set forth above will apply regardless of whether you accept the software. |
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| This Licence Agreement may only be modified by the Documentation or by a written document that has been signed by both You and Ardeo. Should You have any questions concerning this Licence Agreement, or if You desire to contact Ardeo for any reason, please write to: (i) Licensing, Ardeo plc, 12-50 Kingsgate Road, Kingston Upon Thames, Surrey, KT2 5AA |
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