Use of this Software is subject to following license terms.
VitalSigns Software, Inc. End User License Agreement
Use of this software is subject to this License Agreement. If you agree to this License and wish to use the software, please click the "Accept" button. If you do not agree, please click the "Decline" button, and the installation process will not continue and you can receive a refund of your product purchase price.
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Part I of this agreement applies if you have not purchased a license to the accompanying software (the Software"). Part IIA applies if you have purchased a non-commercial license to the Software. Part IIB applies if you have purchased a commercial license to the Software or if it has been purchased for you. Part III applies to all license grants. If you initially acquired a copy of the Software without purchasing a license and you wish to purchase a license, please contact VitalSigns Software, Inc. on the Internet at www.vitalsigns.com.
Part I-Terms Applicable When License Fees Not Paid (Limited to Evaluation, Educational, and Non-profit use) Grant. VitalSigns grants you a non-exclusive license to use the Software free of charge if (a) you are a student, faculty member or staff member of an educational institution, such as K-12, junior college, college or library, or an employee of an organization which meets VitalSigns' criteria for a charitable non-profit organization (government agencies, other than public libraries, are not non-profit organizations); or (b) your use of the Software is for the purpose of evaluating for 30 days following installation whether to purchase an ongoing license to the Software. If you use the Software under this no-charge grant, you are not entitled to support or telephone assistance. Disclaimer of Warranty. If no fee has been paid, the Software is provided "AS IS" 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, suitability, and performance of the Software is borne by you, and you assume the entire cost of any service and repair related to the Software. This disclaimer constitutes an essential part of this Agreement. SOME JURISDICTIONS 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 BY JURISDICTION.
Part II-Terms Applicable When License Fees Paid. (A) Non-commercial Use. Subject to payment of the license fee applicable to a non-commercial license, VitalSigns grants you a non-exclusive license to use the Software and accompanying Documentation as described in Part III below under "Scope of Grant" but only for personal use, on a computer located at a residence, and not for any commercial use (including use on behalf of a company or business). (B) Commercial Use. Subject to payment of the license fees applicable to commercial use, VitalSigns grants you a non-exclusive license to use the Software and Documentation as described in Part III under "Scope of Grant" for any personal or commercial purpose, including use on behalf of a company or business. (C) Limited Warranty. VitalSigns warrants to users who have purchased a license that for a period of ninety days from the date of acquisition, the Software, if operated as directed, will substantially perform in accordance with the Documentation. VitalSigns does not warrant that your use of the Software will be uninterrupted or that the Software is error-free or secure, or that every "bug" in the Software will be fixed. VitalSigns also warrants to users who have purchased a license that for ninety days from the date you acquired the Software the media containing the Software, if provided by VitalSigns, will be free from defects in material and workmanship. VitalSigns' sole liability for any breach of this warranty shall be, in VitalSigns' sole discretion to (i) replace your defective media, or (ii) replace the Software with a corrected version, or (iii) refund the license fee you paid for the Software. VitalSigns is not obligated to provide one of these remedies unless you inform VitalSigns of your problem with the Software during the applicable warranty period and provide evidence of the date you purchased a license to the Software. THIS LIMITED WARRANTY IS THE ONLY WARRANTY MADE BY VITALSIGNS. VITALSIGNS EXPRESSLY DISCLAIMS ALL IMPLIED WARRANTIES INCLUDING WARRANTY OF NONINFRINGEMENT OF THIRD PARTIES' RIGHTS, MERCHANTABILITY AND OF FITNESS FOR A PARTICULAR PURPOSE. SOME JURISDICTIONS DO NOT ALLOW THESE LIMITATIONS, SO LIMITATIONS MAY NOT APPLY TO YOU. NO VITAL SIGNS DEALER, AGENT, OR EMPLOYEE IS AUTHORIZED TO MAKE ANY MODIFICATIONS, EXTENSIONS OR ADDITIONS TO THIS WARRANTY. This warranty does not apply if you modify the Software, if the media is subjected to accident, abuse, or improper use, or if you breach this Agreement. This warranty shall not apply if the Software is used with hardware or software other than the unmodified version of hardware and software with which the Software was designed to be used as described in the Documentation. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY HAVE OTHER LEGAL RIGHTS THAT VARY BY JURISDICTION.
Part III-Terms Applicable to All License Grants. (A) Scope of Grant. You may: use the Software on a single computer; use the Software on a network, provided that each person accessing the Software through the network has a license to the Software under Part I or II above; use the Software on a second computer so long as only one copy is used at a time; and copy the Software for archival purposes, provided any copy must contain all of the original Software's proprietary notices. You may not: permit other individuals to use the Software except under the terms above; permit concurrent use of the Software; modify, translate, reverse engineer, decompile, disassemble (except to the extent applicable laws specifically prohibit such restriction), operate the Software or use the Documentation for any competitive analysis of the Software or to create software with similar functionality, or create derivative works based on the Software or the Documentation; copy the Software or the Documentation other than as specified above; rent, lease, grant a security interest in, or otherwise transfer rights to the Software; or remove any proprietary notices or labels on the Software. (B) Title. The Software is protected by copyright laws and treaties. VitalSigns and its licensers retain all title and ownership in the Software and Documentation, including any revisions. (C) Termination. The license will terminate automatically if you fail to comply with this Agreement. In such event, you must destroy all copies of the Software and Documentation. (D) Export Controls. You are responsible for complying with U.S. export laws and regulations respecting the Software. None of the Software or underlying information or technology may be downloaded by or otherwise exported or reexported (i) into (or to a national or resident of) any country to which the United States has embargoed goods; or (ii) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Denial Orders. By downloading, installing or using the Software, you are agreeing to the foregoing and you are representing that you are not located in, under the control of, or a national or resident of any such country or on any such list. (E) Limitation of Liability. IN NO EVENT SHALL VITALSIGNS OR ITS SUPPLIERS OR RESELLERS BE LIABLE TO YOU OR ANY OTHER PERSON 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, LOSS OF PROFITS OR DATA, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES. IN NO EVENT WILL VITALSIGNS BE LIABLE FOR ANY DAMAGES IN EXCESS OF THE AMOUNT VITALSIGNS RECEIVED FROM YOU FOR A LICENSE TO THE SOFTWARE. THIS LIMITATION OF LIABILITY SHALL NOT APPLY TO LIABILITY FOR DEATH OR PERSONAL INJURY TO THE EXTENT APPLICABLE LAW PROHIBITS SUCH LIMITATION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION AND EXCLUSION MAY NOT APPLY TO YOU. U.S. GOVERNMENT. (F) Restricted Rights. Use, duplication or disclosure by the Government is subject to restrictions set forth in subparagraphs (a) through (d) of the Commercial Computer-Restricted Rights clause at FAR S2.227-19 when applicable, or in subparagraph (c) (1)(II) of the Rights in Technical Data and computer Software clause at DFARS 252.227-7013,or at 252.211-7015, or to VitalSigns' standard commercial license, as applicable, and in similar clauses in the NASA FAR Supplement. (G) High-Risk Activities. The Software is not designed, or intended for use, as on-line control equipment in hazardous environments, such as in the operation of nuclear facilities, aircraft navigation, or communication systems, air traffic control, direct life support machines, or weapons systems, in which the failure of the Software could lead to death, personal injury, or physical or environmental damage ("High Risk Activities"). VitalSigns and its suppliers specifically disclaim any express or implied warranty of fitness for High Risk Activities. (H) Miscellaneous. If the copy of the Software you received as accompanied by a printed or other form of License Agreement from VitalSigns with terms which vary from this Agreement, then the former governs your use of the Software. The Software permits upload of data regarding the computing environment's performance, service levels and related data from time to time, but will not disclose the identity of its user. This Agreement represents the complete agreement concerning this license and may be amended only by a writing executed by both parties. THE ACCEPTANCE BY VITALSIGNS OF ANY PURCHASE ORDER PLACED BY YOU IS EXPRESSLY CONDITIONED ON YOUR ASSENT TO THE TERMS, AND NOT THOSE IN YOUR PURCHASE ORDER. If any provision of this Agreement is held to be unenforceable, that provision shall be reformed only to the extent necessary to make it enforceable. This Agreement is governed by California law (except for conflict of law provisions). The application of the United Nations Convention of Contracts for the International Sale of Goods is expressly excluded.
