"INJECTION (-SITE-) LOCATOR"
END-USER LICENSE AGREEMENT IMPORTANT NOTICE:
READ THIS DOCUMENT CAREFULLY BEFORE
OPENING THIS PACKAGE This End-User License Agreement
(hereinafter referred to as the "Agreement")
is a legal agreement between you, and Three R's Product
Development Corporation ("Licensor"). For
this Agreement, the term "Product" means
the Injection (-Site-) Locator and any guides, manuals
or other printed or electronic materials accompanying
the Product, and the term "License" means
the right to use the Product in accordance with the
terms and conditions set out herein. The Product is
protected by copyright laws and international copyright
treaties, as well as other intellectual property laws
and international treaties. The Product is licensed,
not sold.1. Grant of License. Licensor hereby grants
to you a non-exclusive, nontransferable, indivisible,
personal right to use one copy of the Product, subject
to the terms and conditions of this Agreement. Whether
you are licensing the Product as an individual or
on behalf of an entity including without limitation,
a hospital, clinic, or home-care facility, you may
not: (i) copy the product in any way; (ii) modify,
or create derivative works based upon the Product
in whole or in part; (iii) distribute copies of the
Product; (iv) remove any proprietary notices or labels
on the Product; or (v) resell, lease, rent, transfer,
sublicense, or otherwise transfer the Product or any
rights therein granted in this Agreement.
2. Proprietary Rights. The Product
and accompanying documentation are protected by copyright
and other intellectual property laws and by international
treaties. You acknowledge that all title to the intellectual
property in the Product shall remain in the Licensor.
3. Product Support. Licensor agrees
to provide you with a replacement warranty on the
Product for duration of 180 months from the original
date of purchase.
4. THE PRODUCT AND ANY RELATED DOCUMENTATION
ARE PROVIDED "AS IS". EXCEPT AS EXPRESSLY
INDICATED HEREIN, TO THE MAXIMUM EXTENT PERMITTED
BY APPLICABLE LAW, LICENSOR DISCLAIMS ALL REPRESENTATIONS,
WARRANTIES, CONDITIONS, GUARANTEES AND AGREEMENTS,
WHETHER EXPRESS OR IMPLIED OR STATUTORY, IN FACT OR
IN LAW, WITH RESPECT TO THE PRODUCT AND ANY WRITTEN
OR ELECTRONIC MATERIALS RELATING TO THE PRODUCT PROVIDED
BY LICENSOR, INCLUDING BUT NOT LIMITED TO ANY REPRESENTATION,
WARRANTY, CONDITION OR GUARANTEE OR MERCHANTABILITY,
REASONABLE SKILL AND CARE, FITNESS FOR A PARTICULAR
PURPOSE OR NONINFRINGEMENT OF ANY THIRD PARTY RIGHTS.
Some jurisdictions do not allow the exclusion of implied
warranties, and to the extent such jurisdictions are
found to apply, the above exclusion may not apply
to you.
5. TO THE MAXIMUM EXTENT PERMITTED
BY APPLICABLE LAW, IN NO EVENT SHALL LICENSOR BE LIABLE
FOR ANY INDIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL,
PUNITIVE OR EXEMPLARY DAMAGES, OR ANY OTHER RELIEF
ARISING OUT OF YOUR USEOR INABILITY TO USE THE PRODUCT,
INCLUDING, WITHOUT LIMITATION, DAMAGES ARISING FROM
PERSONAL INJURY, LOST PROFITS, PRODUCT FAILURE OR
MALFUNCTION, OR ANY OTHER COMMERCIAL OR PERSONAL DAMAGES
OR LOSSES, HOWEVER CAUSED, WHETHER FOR BREACH OF WARRANTY,
CONTRACT, TORT, NEGLIGENCE OR OTHERWISE, EVEN IF LICENSE
HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN ANY CASE, LICENSEE'S ENTIRE LIABILITY ARISING OUT
OF OR RELATED TO THIS AGREEMENT SHALL NOT EXCEED THE
TOTAL AMOUNT ACTUALLY PAID BY YOU TO LICENSE HEREUNDER.
6. Disclaimer. THE INFORMATION CONTAINED
IN THE GUIDES, MANUALS OR OTHER PRINTED OR ELECTRONIC
MATERIALS ASSOCIATED WITH THE PRODUCT DO NOT CONSTITUTE
MEDICAL ADVICE AND ARE NOT A SUBSTITUTE FOR MEDICAL
ADVICE OR TREATMENT.
7. Termination. Without prejudice
to any other rights, Licensor may terminate this Agreement
if you fail to comply with any of the terms or conditions
of this Agreement. No notice shall be required from
Licensor. Upon termination, you shall discontinue
use and return to Licensor all copies of the Product
and all associated written and electronic materials.
8. Miscellaneous.
- This Agreement constitutes the entire agreement
and understanding between the parties with respect
to the subject-matter hereof and supersedes any
previous understandings, communications, and agreements,
written or oral, between the parties. This Agreement
may only be amended in writing signed by the Licensor
and specifically referencing the Sections amended
hereunder.
- This Agreement shall be construed and governed
by the laws of the Province of British Columbia
. The parties hereto submit and attorn to the
exclusive jurisdiction of the courts of the Province
of British Columbia .
- Any provision of this Agreement which is prohibited
or unenforceable as a matter of law shall be deemed
automatically amended so that it is enforceable
to the maximum extent permissible under the laws
of that jurisdiction without invalidating the
remaining provisions hereof.
- You shall not assign or otherwise transfer
this Agreement or any rights or obligations herein
without prior written consent of Licensor.
- No waiver by any party of any term or condition
of this Agreement or any breach thereof shall
be made effective unless made in writing and signed
by the party purporting to give the waiver. No
waiver by any party of any term or condition of
the Agreement, in any one or more instances, shall
be deemed to be or construed as a waiver of the
same or any other term or condition of this Agreement
on any future occasion.
- The relationship between you and Licensor is
that of independent contractors and neither you
nor your agents shall have any authority to bind
Licensor in any way.
- The headings herein have been inserted as a
matter of convenience only and in no way define,
limit or enlarge the scope or meaning of this
Agreement or any of its provisions.
- All rights reserved. Licensor reserves all
of its rights in the Product and related documentation
and materials.
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