End-User License Agreement for SymptoMetrix™ Ver. 11 Software.
- Internet Data Entry Form
- Data Processing Algorithm with Internet data feed
- Data Processing Algorithm for office data entry only (no internet feed)
- Data Processing Algorithm with Internet data feed and office data entry.
IMPORTANT-PLEASE READ CAREFULLY BEFORE INSTALLING THE SOFTWARE:
This End-User License Agreement (“EULA”) is a legal agreement between you (“you” or “End-user”) and ENHCenter, LLC., (ENHCenter), which governs your use of the ENHCenter software described above and any and all associated user manuals and electronic documents, if applicable (“SOFTWARE”). By installing, reproducing and/or using the SOFTWARE, you agree to be bound by the terms of this EULA. If you do not agree to the terms of this EULA, ENHCenter will not license the SOFTWARE to you and you must not install this software on your computer.
Please print a copy of this EULA for future reference.
This computer program is provided “as is” and it is not meant to replace the judgment of the practitioner. This program when used correctly generates baseline of the patient’s health and helps track the patient’s progress. Numerical representation of various health conditions is for illustrative purposes only. Much like cars require expertise in driving, this program requires skill in interpretation of generated data and expertise in nutrition. The author of this program assumes it is used by practitioners skilled in the art of natural medicine and/or nutrition and rejects any claims resulting from its use. The author also discourages the use of this program by people not skilled in the use of a computer and those that have difficulty interpreting the data generated by this program. Use of this program implies agreement with this disclaimer. For information regarding instructions in use of this program and individual consultations call us at 210-858-9143 or email us at email@example.com.
Disclaimer for US and its Territories: This program is not meant to treat, diagnose or cure any conditions. This program has not been approved or dis-approved by any agency of the Federal Government.
Disclaimer for the Countries of the European Union and Other Countries Recognizing European Union Standards: This computer program can be used as a supplementary measure in differential diagnosis much like x-ray or ultrasound is used. This program has been developed meeting the criteria of the Directive 98/79/EC (In-Vitro Diagnostic Medical devices –European Union).
Terms and Conditions.
- Grant of License.
In consideration of you agreeing to the terms and conditions of this EULA, ENHCenter grants you a non-transferable, non-exclusive license to:
1) install one copy of the SOFTWARE on a single computer and use the SOFTWARE for your personal purposes (if you are a consumer) or your internal business purposes (if you are a business) only. If the SOFTWARE was provided to you packaged with ENHCenter hardware products or constitutes a new version of software that was previously provided to you with ENHCenter hardware products, you may install one copy of the SOFTWARE on multiple hardware at a single location for the sole purpose of using the SOFTWARE for the aforementioned purposes with those ENHCenter hardware products.
2) make one copy of the SOFTWARE for back-up purposes provided that any such copy shall include any and all copyright notices and/or other notices provided with the original SOFTWARE in a form totally identical with the originals.
- Limitation on Use.
Except as expressly set out in this EULA or as permitted by any local law, you agree:
1) not to copy the SOFTWARE except where such copying is incidental to normal use of the SOFTWARE or where it is necessary for the purpose of back-up or operational security;
2) not to rent, lease, sub-license, loan, translate, merge, adapt, vary or modify the SOFTWARE;
3) not to make alterations to, or modifications of, the whole or any part of the SOFTWARE nor permit the SOFTWARE or any part of it to be combined with, or become incorporated in, any other programs;
4) not to disassemble, de-compile, reverse engineer or create derivative works based on the whole or any part of the SOFTWARE nor attempt to do any such things;
5) to keep all copies of the SOFTWARE secure and to maintain accurate and up-to-date records of the number and locations of all copies of the SOFTWARE;
6) where you are a business, to supervise and control use of the SOFTWARE and ensure that the SOFTWARE is used by your employees and representatives in accordance with the terms of this EULA;
7) to include our copyright notice on all entire and partial copies of the SOFTWARE in any form;
8) not to provide, or otherwise make available, the SOFTWARE in any form, in whole or in part (including, but not limited to, program listings, object and source program listings, object code and source code) to any person (other than providing in whole to your employees if you are a business, or transferring in accordance with Section4) without prior written consent from us;
9) not to use the SOFTWARE via any communications network or by means of remote access.
All right, titles and interest, including all intellectual property rights, in and to the SOFTWARE (including but not limited to programs, images, clip arts, templates, fonts texts) and user manuals and other materials associated therewith as well as all copies thereof are owned by ENHCenter or its suppliers, agents or assigns. The SOFTWARE is protected by applicable intellectual property rights and international treaties. All rights, titles and interests including but not limited to copyrights in and to the SOFTWARE are licensed but not sold.
You may permanently transfer the SOFTWARE to any person, provided that when you transfer the SOFTWARE, you must deliver such person the ENHCenter hardware in which the SOFTWARE is installed (if applicable) together with all material in the package of the SOFTWARE (including all component parts, the media and printed materials such as user manuals). If the SOFTWARE constitutes upgrades of any former software, you must also deliver all such former software. Upon transfer, you lose any rights to retain any copies of the SOFTWARE and must erase any copies of the SOFTWARE you made.
5.1 ENHCenter warrants to you that the SOFTWARE will perform substantially in accordance with specifications thereof for a period of 90 days from the date you first receive the SOFTWARE. Upon ENHCenter’s receipt of your notice that the SOFTWARE covered by this agreement does not substantially perform in accordance with specifications thereof, ENHCenter will at its sole option either repair or replace the SOFTWARE provided that you make available all information that may be necessary to help ENHCenter to remedy the defect or fault, including sufficient information to enable ENHCenter to recreate such defect or fault. You acknowledge that the Software has not been developed to meet your individual requirements, and that it is therefore your responsibility to ensure that the facilities and functions of the SOFTWARE meet your requirements.
5.2 The repair or replacement of the SOFTWARE by ENHCenter as set forth in Section 5.1 of this EULA is ENHCenter’s entire liability and your sole and exclusive remedy.
5.3 The above warranty does not apply if either (1) the defect or fault in the SOFTWARE results from you having amended the SOFTWARE or (2) if the defect or fault in the SOFTWARE results from you having used the SOFTWARE in contravention of the terms of this EULA.
- Limitation of Liability.
ENHCENTER EXPRESSLY DISCLAIMS ANY OTHER LIABILITY THAN AS SET FORTH IN ARTICLE 5 OF THIS EULA, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WITH REGARD TO THE SOFTWARE. FURTHER, IN NO EVENT SHALL ENHCENTER BE LIABLE FOR ANY LOSS OF PROFITS, LOSS OF BUSINESS OPPORTUNITIES, LOSS OF USE OR OF DATA, INTERRUPTION OF BUSINESS, OR FOR INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES OF ANY KIND, WHETHER BASED IN CONTRACT, TORT, OR OTHERWISE, EVEN IF ENHCENTER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
ENHCenter may, without prejudice to any other rights and remedies it may have, terminate this EULA without notice if you breach it. In case of ENHCenter’s termination upon any breach by you of this EULA, you must destroy the SOFTWARE and all copies thereof immediately.
In no event, this EULA shall be construed to grant you any licenses to use any rights to trademarks or service marks owned by ENHCenter or its suppliers.
- Export Regulations.
You may not export or re-export the SOFTWARE or any copy or adaptation thereof in violation of any applicable laws or regulations.
If we fail to insist that you perform any of your obligations under this EULA, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default against you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
Each of the conditions of this EULA operates separately. If any court or competent authority decides that any of them are unlawful or unenforceable, the remaining conditions will remain in full force and effect.
- Governing Laws.
This EULA is governed and controlled under the laws of the State of Texas, USA. If any of the provisions of this EULA shall be declared void, such provisions shall be severable and independent from the other provisions of this EULA, and the validity of the other provisions and of the entire EULA shall not be affected.
- Address: ENHCENTER, LLC, Att. Dr. A. Kulisz, P.O. Box 63794, Pipe Creek, TX 78063. Email: firstname.lastname@example.org
- Collection of Information.
This Section applies to the use of the SOFTWARE version with Internet data feed. The SOFTWARE enables ENHCenter to collect information from ENHCenter Product(s) and any device/application connected to such Product(s), including, but not limited to, the version, model, location, application name, and OS type of your installation. Such information does not identify you or your client(s)/patient(s) as a person nor will be associated with any of your personal information. ENHCenter will use such information solely for billing (if applicable), statistical analysis and improvement of our service.