OR Magic Annual End User License Agreement
END-USER LICENSE AGREEMENT FOR: OR MagicTM Surgical Scheduling Software
IMPORTANT--READ CAREFULLY: This M-Soft, Inc (MSI) End-User License Agreement ("EULA") is a legal agreement between you (either an individual or a single entity) and MSI for the software product identified above, which includes computer software and may include associated media, printed materials, and 'online' or electronic documentation ("SOFTWARE PRODUCT") 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 do not install or use the SOFTWARE PRODUCT Instead return the product and all associated materials to the OR Magic Dealer/Distributor you purchased it from.
SOFTWARE PRODUCT LICENSE
The SOFTWARE PRODUCT is protected by Copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. The SOFTWARE PRODUCT is licensed, not sold.
1. GRANT OF LICENSE. This EULA grants you the following rights
a) Applications Software. You may install and use one copy of the SOFTWARE PRODUCT. or any prior version for the same operating system, on a single computer or network
b) Storage/Network Use. You may also 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 on your other computers over an internal network; however, you may need to acquire and dedicate a license for each additional concurrent user and/or separate computer on which the SOFTWARE PRODUCT is installed or run from the storage device A license for the SOFI'WARE PRODUCT may only be used by the number of concurrent users specified in the original sales agreement and/or any additional upgrade sales agreements.
c) License Pak. If you have acquired this EULA In a MSI License Pak. you may make the number of additional copies of the computer software portion of the SOFTWARE PRODUCT authorized on the printed copy of this EULA. And you may use each copy in the manner specified above You are also entitled to make a corresponding number of secondary copies for portable computer use as specified above.
d) Annual License fees apply and shall be described in the sales agreement and in the attached document titled OR MagicTM Annual Software Support Contract
2. DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS
a) Academic Edition Software. If the SOFTWARE PRODUCT is identified as "Academic Edition" or "AE" you must be a "Qualified Educational User" to use the SOFTWARE PRODUCT. If you are not a Qualified Educational User, you have no rights under this EULA To determine whether you are a Qualified Educational User, please contact M-SOFT, Inc., 2441Q Old Fort Parkway #309, Murfreesboro, TN 37128 or the MSI subsidiary serving your country.
b) Not For Resale Software. If the SOFTWARE PRODUCT is labeled "Not For Resale' or 'NFR'. then, notwithstanding other sections of this EULA, you may not resell, or otherwise transfer for value, the SOFTWARE PRODUCT
c) Limited Edition Demo Software. If the SOFTWARE PRODUCT is labeled "Limited Edition Demo" or 'Limited Edition". then, notwithstanding other sections of this EULA. you may not resell, or otherwise transfer for value, the SOFTWARE PRODUCT. Products labeled as 'Limited Edition Demo" or "Limited Edition' are intended as evaluation copies only. You may not use these versions for more than 120 days. At the end of 120 days from the initial use you must discontinue use or contact MSI and purchase a "full" version of the SOFTWARE PRODUCT.
d) Limitations on Reverse Engineering, Decompilation, and Disassembly. You may not reverse engineer, decompile, disassemble, or examine the SOFTWARE PRODUCT, or allow others to reverse engineer, decompile, disassemble, or examine the SOFTWARE PRODUCT, except and only to the extent that such activity to expressly permitted by applicable law notwithstanding this limitation.
e) Separation of Components. The SOFTWARE PRODUCT is licensed as a single product its component parts may not be separated for use on more than one computer.
f) Rental. You may not rent, lease, or lend the SOFTWARE PRODUCT, or use the SOFTWARE PRODUCT in whole or as any part of services provided to other entities, facilities or organizations.
g) Support Services. MSI may provide you with support services related to the SOFTWARE PRODUCT ("Support Services") Use of Support Services is governed by the MSI policies and programs described to the user manual, in "online' documentation, and/or in other MSI provided materials Any supplemental software code provided to you as part of the Support Services shall be considered part of the SOFTWARE PRODUCT and subject to the terms and conditions of this EULA With respect to technical information you provide to MSI as part of the Support Services. MSI may use such information for its business purposes, including for product support and development MSI will not utilize such technical information in a form that personally identifies you.
h) Software Transfer. You may permanently transfer all of your rights under this EULA, provided you retain no copies, you transfer all of the SOFTWARE PRODUCT (including all component parts, the media and printed materials, any upgrades, this EULA. and. if applicable, the Certificate of Authenticity), and the recipient agrees to the terms of this EULA. If the SOFTWARE PRODUCT is an upgrade, any transfer must include all prior versions of the SOFTWARE PRODUCT.
i) Termination. Without prejudice to any other rights, MSI may terminate this EULA if you fail to comply with the terms and conditions of this EULA. In such event, you must destroy all copies of the SOFTWARE PRODUCT and all of its component parts.
3. UPGRADES. If the SOFTWARE PRODUCT is labeled as an upgrade, you must be properly licensed to use a product identified by MSI as being eligible for the upgrade in order to use the SOFTWARE PRODUCT. A SOFTWARE PRODUCT labeled as an upgrade replaces and/or supplements the product that formed the basis for your eligibility for the upgrade. You may use the resulting upgraded product only in accordance with the terms of this EULA. If the SOFTWARE PRODUCT is an upgrade of a component of a package of software programs that you licensed as a single product, the SOFTWARE PRODUCT may be used and transferred only as part of that single product package and may not be separated for use on more than one computer.
4 COPYRIGHT. All title and copyrights in and to the SOFTWARE PRODUCT (including but not limited to any images, photographs, animations, video, audio, music, text. and "applets' incorporated into the SOFTWARE PRODUCT), the accompanying printed materials, and any copies of the SOFTWARE PRODUCT are owned by MSI or its suppliers. The SOFTWARE PRODUCT is protected by copyright laws and international treaty provisions. Therefore, you must treat the SOFTWARE PRODUCT like any other copyrighted material except that you may install the SOFTWARE PRODUCT on a single computer provided you keep the original solely for backup or archival purposes You may not copy the printed materials accompanying the SOFTWARE PRODUCT.
5. DUAL-MEDIA SOFTWARE. You may receive the SOFTWARE PRODUCT on more than one medium. Regardless of the type or size of medium you receive, you may use only one medium that is appropriate for your single computer. You may not use or install the other medium on another computer. You may not loan, rent, lease, otherwise transfer the other medium to another user, except as part of the permanent transfer (as provided above) of the SOFTWARE PRODUCT
6 U.S. GOVERNMENT RESTRICTED RIGHTS. The SOFTWARE PRODUCT and documentation are provided with RESTRICTED RIGHTS. Use, duplication, or disclosure by the Government is subject to restrictions as set forth in subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer Software clause at DFARS 252.227-7013 or subparagraphs (c)(1) and (2) of the Commercial Computer Software---Restricted Rights at 48 CFR 52.227-19, as applicable. Manufacturer is M-SOFT, Inc., 2441Q Old Fort Parkway #309, Murfreesboro, TN 37128


7. MISCELLANEOUS:
a) If you acquired this product in the United States, this EULA is governed by the laws of the State of California. b) if this product was acquired outside the United States, then local law may apply. c) Should you have any questions concerning this EULA, or if you desire to contact MSI for any reason, please contact the MSI subsidiary serving your country, or write M-SOFT, Inc. - Sales Information/ 2441Q Old Fort Parkway #309, Murfreesboro, TN 37128 .
LIMITED WARRANTY:
LIMITED WARRANTY. MSI warrants that (a) 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 (b) any Support Services provided by MSI shall be substantially as described in applicable written materials provided to you by MSI, and MSI support engineers will make commercially reasonable efforts to solve any problem issues. Some states and jurisdictions do not allow limitations on duration of an implied warranty so the above limitation may not apply to you. To the extent allowed by applicable law implied warranties on the SOFTWARE PRODUCT, if any, are limited to ninety (90) days.
CUSTOMER REMEDIES. MSIs and its suppliers' entire liability and , your exclusive remedy shall be, at MSI's option, either (a) return of the price paid, if any, or (b) repair or replacement of the SOFTWARE PRODUCT that does not meet MSI's Limited Warranty and which is returned to MSI with a copy of your receipt. This Limited Warranty is void if failure of the SOFTWARE PRODUCT has resulted from accident, abuse, or misapplication. Any replacement SOFTWARE PRODUCT will be warranted for the remainder of the original warranty period or thirty (30) days, whichever is longer. Outside the United States, neither these remedies nor any product support services offered by MSI are available without proof of purchase from an authorized international source
NO OTHER WARRANTIES, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, MSI AND ITS SUPPLIERS DISCLAIM ALL OTHER WARRANTIES AND CONDITIONS, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, WITH REGARD TO THE SOFTWARE PRODUCT, AND THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY HAVE OTHERS, WHICH VARY FROM STATE/JURISDICTION TO STATE/JURISDICTION.
LIMITATION OF LIABILITY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL MSI OR ITS SUPPLIERS BE LIABLE FOR ANY SPECIAL. INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING. WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR ANY OTHER PECUNIARY LOSS) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE PRODUCT OR THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES, EVEN IF MSI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY CASE, MSI'S ENTIRE LIABILITY UNDER ANY PROVISION OF THIS EULA SHALL BE LIMITED TO THE GREATER OF THE AMOUNT ACTUALLY PAID BY YOU FOR THE SOFTWARE PRODUCT OR U.S. $5.00; PROVIDED, HOWEVER, IF YOU HAVE ENTERED INTO A MSI SUPPORT SERVICES AGREEMENT. MSI'S ENTIRE LIABILITY REGARDING SUPPORT SERVICES SHALL BE GOVERNED BY THE TERMS OF THAT AGREEMENT. BECAUSE SOME STATES AND JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.