BY UTILIZING THIS SOFTWARE PROGRAM YOU ARE AGREEING TO BE BOUND AND ARE BECOMING A PARTY TO THIS AGREEMENT. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, DELETE ANY PORTIONS OF THIS SOFTWARE ALREADY INSTALLED ON YOUR DISK DRIVE.
GRANT
Network Medical Information Services, Inc. grants to you a non-exclusive
license to use its internet-based Electronic Medical Record software product
("Software"). You may not, or may not permit other individuals to: modify,
translate, reverse engineer, decompile, or create derivative works based
on the Software. You may not remove the copyright notice or any proprietary
notices or labels from any copy of the Software or any copy of the written
materials, if any, accompanying the Software. The Software is licensed,
not sold, as a single product. Its component parts may not be separated
for use on more than one computer. You may not rent or lease the Software.
SOFTWARE
Network Medical Information Services, Inc. reserves the right to at
any time to alter prices, features, capabilities, functions, licensing
terms, release dates, general availability or any other characteristics
of the commercial versions as Network Medical Information Services, Inc.
sees fit.
TITLE
Title, ownership rights, and intellectual property rights in and to
the Software shall remain in Network Medical Information Services, Inc.
The Software is protected by the copyright laws of the United States and
international copyright treaties. All title and copyrights in and to the
Software (including but not limited to any images, photographs, animations,
video, audio, music, text and "applets," incorporated into the Software),
the accompanying printed materials, and any copies of the Software, are
owned by Network Medical Information Services, Inc. You may not copy
the printed materials accompanying the Software.
DISCLAIMER OF WARRANTY
The Software is provided on an "AS IS" basis, without warranty of any
kind, including without limitation the warranties of merchantability, fitness
for a particular purpose and non-infringement. The entire risk as to the
quality and performance of the Software is borne by you. Should the
Software prove defective, you and not Network Medical Information Services,
Inc. assume the entire cost of any service and repair. This disclaimer
of warranty constitutes an essential part of the agreement. To the maximum
extent permitted by law, Network Medical Information Services, Inc. disclaim
all warranties of any kind, either express or implied, including, without
limitation, implied warranties of merchantability and fitness for a particular
purpose. Network medical information services, Inc. is not obligated to
provide any updates to the Software. Some states do not allow exclusions
of an implied warranty, so this disclaimer may not apply to you and you
may have other legal rights that vary from state to state or by jurisdiction.
LIMITATION OF LIABILITY
Under no circumstances and under no legal theory, tort, contract, or
otherwise, shall Network Medical Information Services, Inc. or any other
person be liable for any indirect, special, incidental, or consequential
damages of any character including, without limitation, damages for loss
of goodwill, work stoppage, computer failure or malfunction, or any and
all other commercial damages or losses arising out of the use or inability
to use this Network Medical Information Services, Inc. product, even if
Network Medical Information Services, Inc. has been advised of the possibility
of such damages. In no event will Network Medical Information
Services, Inc. be liable for any damages whatsoever. Because some states/countries
do not allow the exclusion or limitation of liability for consequential
or incidental damages, the above limitation may not apply to you.
INDEMNIFICATION BY YOU
If you distribute the Software in violation of this agreement, you
agree to indemnify, hold harmless and defend Network Medical Information
Services, Inc. from and against any claims or lawsuits, including attorney's
fees that arise or result from the use or distribution of the Software
in violation of this agreement.
TERMINATION
Without prejudice to any other rights, Network Medical Information
Services, Inc. may terminate this agreement if you fail to comply with
the terms and conditions of this agreement. This License is effective until
terminated. You may terminate it at any time by destroying the Software
together with any copies currently in your possession. The License also
terminates if you fail to comply with the terms and conditions of this
agreement, and additionally you need to destroy any copies or variations
of the software.
MISCELLANEOUS
This agreement represents the complete agreement and supersedes all
prior agreements and representations between the parties. It may be amended
only by a writing executed by both parties. If any provision of this agreement
is held to be unenforceable for any reason, such provision shall be reformed
only to the extent necessary to make it enforceable. This agreement
shall be governed by and construed under Texas law as such law applies
to agreements between Texas residents entered into and to be performed
within Texas, except as governed by Federal law. If any provision of this
Agreement is found unenforceable, it will not affect the validity of this
Agreement, which shall remain valid and enforceable according to its terms.
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, and in similar clauses in the NASA FAR Supplement.
Copyright (C) 1998, Network Medical Information Services, Inc. All
rights reserved.
Date: May 18, 1998