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EULA

OIT Patient Manager End User License Agreement (EULA)

SOFTWARE PRODUCT LICENSE AGREEMENT

OIT Patient Manager  1.0

Copyright © 2015-2016 OReillyIT. All Rights Reserved.

IMPORTANT - READ CAREFULLY: This End User License Agreement ("EULA") is a legal agreement between YOU as Licensee and OReillyIT for the SOFTWARE PRODUCT and SERVICES identified above. 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, promptly return the unused SOFTWARE PRODUCT to the place of purchase for a full refund.


The copyright in the SOFTWARE PRODUCT and its documentation is owned by OReillyIT ABN 21 946 729 621. Subject to the terms of this EULA, YOU are granted a non-exclusive right for the duration of the EULA to use the SOFTWARE PRODUCT. YOU do not acquire ownership of copyright or other intellectual property rights in any part of the SOFTWARE PRODUCT by virtue of this EULA. Your use of this software indicates your acceptance of this EULA and warranty.


DEFINITIONS
In this End User License Agreement, unless the contrary intention appears,
"ACADEMIC EDITION" means an edition of the Software Product purchased for educational purposes at an academic discount price.
"EULA" means this End User License Agreement
"OIT" means OReillyIT ABN 21 946 729 621
"WE" means OReillyIT ABN 21 946 729 621
"Licensee" means YOU, or the organization (if any) on whose behalf YOU are taking the EULA.
"OIT Patient Manager" means the edition of the SOFTWARE PRODUCT which is available for purchase from the web site: <http://oreillyit.com/index.php/oit-patient-manager>, following the ten-day free evaluation period.
"SOFTWARE PRODUCT" or "SOFTWARE" means OIT Patient Manager, which includes computer software and associated media and printed materials, and may include online or electronic documentation.
"Support Services" means email-based support provided by OIT, including advice on usage of OIT Patient Manager, investigation of bugs, fixes, repairs of models, if and when appropriate, and general product support.
"OIT support engineers" means employees of OIT who provide on-line support services.
"Trial Edition of OIT Patient Manager" means the edition of the SOFTWARE PRODUCT which is available free of charge for evaluation purposes for a period of ten (10) days.

GRANT OF LICENSE
In accordance with the terms of this EULA, YOU are granted the following rights:
To install and use the SOFTWARE PRODUCT, or in its place, any prior version for the same operating system, on your company’s computer.
To 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 over an internal network. If YOU want to increase the number of concurrent repositories the SOFTWARE PRODUCT can access, YOU must notify OReillyIT and agree to pay an additional fee.
To make copies of the SOFTWARE PRODUCT for backup and archival purposes only.

EVALUATION LICENSE
The Trial Edition of OIT Patient Manager is not free software. Subject to the terms of this agreement, YOU are hereby licensed to use this software for evaluation purposes without charge for a period of ten (10) days.
Upon expiration of the ten (10) days, your credit card will be charged your first month’s subscription. If you do not wish to be charged, please contact OIT at least two (2) business days before the ten-day trial period is up. Unregistered use of OIT Patient Manager after the 10-day evaluation period is in violation of Australian, U.S. and international copyright laws.
Upon ending
OIT may extend the evaluation period on request and at their discretion.
If YOU choose to use this software after the 10-day evaluation period, a license must be purchased (as described at <http://oreillyit.com/index.php/oit-patient-manager>). Upon activating the 10-day trial, YOU will be sent details on how to connect to cloud repository and will be provided with a suitable software 'key' by email.

ADDITIONAL RIGHTS AND LIMITATIONS
YOU hereby undertake not to sell, rent, lease, translate, adapt, vary, modify, decompile, disassemble, reverse engineer, create derivative works of, modify, sub-license, loan or distribute the SOFTWARE PRODUCT other than as expressly authorized by this EULA.
YOU further undertake not to reproduce or distribute license key-codes except under the express and written permission of Thomas O’Reilly.
If the Software Product purchased is an Academic Edition, YOU ACKNOWLEDGE THAT the license is limited to use in an educational context, either for self-education or use in a registered teaching institution. The Academic Edition may not be used in a commercial environment, without the express written permission of OIT.

ASSIGNMENT
YOU may only assign all your rights and obligations under this EULA to another party if YOU supply to the transferee a copy of this EULA and all other documentation including proof of ownership. Your license is then terminated and your access to the cloud repository is revoked.

SUSPENSION OF SERVICE
If any amount owing by YOU under this or any other agreement for OUR services is 10 or more days overdue. We may, without limiting OUR other rights and remedies suspend OUR services to YOU until such amounts are paid in full. Other than for customers paying by credit card or direct debit whose payment has been declined, We will give YOU at least 10 days’ prior notice that YOUR account is overdue, before suspending services to YOU.

PAYMENT DISPUTES
We will not exercise Our rights under (SUSPENSION OF SERVICE) above if YOU are disputing the applicable charges reasonably and in good faith and are cooperating diligently to resolve the dispute.

TAXES
Taxes. Our fees do not include any taxes, levies, duties or similar governmental assessments of any nature, including, for example, value -added, sales, use or withholding taxes, assessable by any jurisdiction whatsoever (collectively, “ Taxes ”). YOU are responsible for paying all Taxes associated with Your purchases hereunder. If WE have the legal obligation to pay or collect Taxes for which You are responsible, We will invoice YOU and YOU will pay that amount unless YOU provide US with a valid tax exemption certificate authorized by the appropriate taxing authority. For clarity, We are solely responsible for taxes assessable against YOU based on OUR income, property and employees.

LICENSE TO HOST YOUR DATA AND APPLICATIONS.
YOU grant US, Our Affiliates and applicable contractors a worldwide, limited -term license to host, copy, transmit and display YOUR Data, and any Applications and program code created by or for YOU using a Service or for use by YOU with the Services, as reasonably necessary for US to provide the Services in accordance with this Agreement. Subject to the limited licenses granted herein, We acquire no right, title or interest from YOU or YOUR licensors under this Agreement in or to any of YOUR Data, Application or such program code.

LICENSE TO USE FEEDBACK
YOU grant to US and Our Affiliates a worldwide, perpetual, irrevocable, royalty -free license to use and incorporate into Our and/or Our Affiliates’ services any suggestion, enhancement request, recommendation, correction or other feedback provided by YOU or Users relating to the operation of OUR or Our Affiliates’ services.

TERMINATION
Without prejudice to any other rights, OIT may terminate this EULA if YOU fail to comply with the terms and conditions. Upon termination YOU or YOUR representative shall destroy all copies of the SOFTWARE PRODUCT and all of its component parts or otherwise return or dispose of such material in the manner directed by OReillyIT.

REFUND OR PAYMENT UPON TERMINATION.
If this Agreement is terminated by YOU in accordance with (Termination), We will refund YOU any prepaid fees covering the remainder of the term after the effective date of termination. If this Agreement is terminated by US, YOU will pay any unpaid fees covering the remainder of the monthly subscription. In no event will termination relieve YOU of YOUT obligation to pay any fees payable to US for the period prior to the effective date of termination.

YOUR DATA PORTABILITY AND DELETION
Upon request by YOU made within 30 days after the effective date of termination or expiration of this Agreement, We will make YOUR Data available to YOU for export or download. After such 30 -day period, We will have no obligation to maintain or provide any YOUR Data, and will thereafter delete or destroy all copies of YOUR Data in OUR systems or otherwise in OUR possession or control, unless legally prohibited.

WARRANTIES AND LIABILITY

WARRANTIES


OIT warrants that
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
Any Support Services provided by OIT shall be substantially as described in applicable written materials provided to YOU by OIT, and OIT support engineers will make commercially reasonable efforts to solve any problems associated with the SOFTWARE PRODUCT.

EXCLUSIONS
To the maximum extent permitted by law, OIT excludes, for itself and for any supplier of software incorporated in the SOFTWARE PRODUCT, all liability for all claims, expenses, losses, damages and costs made against or incurred or suffered by YOU directly or indirectly (including without limitation lost costs, profits and data) arising out of:
YOUR use or misuse of the SOFTWARE PRODUCT;
YOUR inability to use or obtain access to the SOFTWARE PRODUCT;
Negligence of OIT or its employees, contractors or agents, or of any supplier of software incorporated in the SOFTWARE PRODUCT, in connection with the performance of OIT’s obligations under this EULA; or
Termination of this EULA by either party for any reason.

LIMITATION
The SOFTWARE PRODUCT and any documentation are provided "AS IS" and all warranties, whether express, implied, statutory or otherwise, relating in any way to the subject matter of this EULA or to this EULA generally, including without limitation, warranties as to: quality; fitness; merchantability; correctness; accuracy; reliability; correspondence with any description or sample, meeting your or any other requirements; uninterrupted use; compliance with any relevant legislation; and being error or virus free are excluded. Where any legislation implies in this EULA any term, and that legislation avoids or prohibits provisions in a contract excluding or modifying such a term, such term shall be deemed to be included in this EULA. However, the liability of OIT for any breach of such term shall, if permitted by legislation, be limited, at OIT’s option to any one or more of the following upon return of the SOFTWARE PRODUCT and a copy of the receipt:
If the breach relates to the SOFTWARE PRODUCT:
The replacement of the SOFTWARE PRODUCT, or the supply of an equivalent SOFTWARE PRODUCT;
The repair of such SOFTWARE PRODUCT, or the payment of the cost of replacing the SOFTWARE PRODUCT, or of acquiring an equivalent SOFTWARE PRODUCT; or
The payment of the cost of having the SOFTWARE PRODUCT repaired.
If the breach relates to services in relation to the SOFTWARE PRODUCT:
The supplying of the services again; or
The payment of the cost of having the services supplied again.

TRADEMARKS
All names of products and companies used in this EULA, the SOFTWARE PRODUCT, or the enclosed documentation may be trademarks of their corresponding owners. Their use in this EULA is intended to be in compliance with the respective guidelines and licenses. Windows, Windows XP, Windows 2000, Windows 2003 Server, Windows Vista, Windows 7 and Windows 8 are trademarks of Microsoft.

GOVERNING LAW
This agreement shall be construed in accordance with the laws of the Commonwealth of AUSTRALIA, in the state of Victoria.

Copyright 2017 OReillyIT. All rights reserved.