VETERINARY SOFTWARE ASSOCIATES, LLC (VSA) END-USER SOFTWARE LICENSE AGREEMENT FOR VETERINARY PHARMACY REFERENCE SOFTWARE.
YOU SHOULD CAREFULLY READ THE FOLLOWING TERMS AND CONDITIONS BEFORE USING THE SOFTWARE, ALONG WITH ANY ACCOMPANYING DOCUMENTATION (The software and its documentation will be referred to herein as the “SOFTWARE”).
YOUR USE OF THE SOFTWARE MEANS THAT YOU ACCEPT THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE WITH THESE TERMS AND CONDITIONS, THEN VSA IS UNWILLING TO LICENSE THE SOFTWARE TO YOU, AND YOU SHOULD NOT USE THE SOFTWARE. BY INSTALLING, DOWNLOADING, COPYING OR OTHERWISE USING THE SOFTWARE, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS AND CONDITIONS, UNDERSTAND THEM, AND AGREE TO BE BOUND BY THEM. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, YOU ARE NOT AUTHORIZED AND MAY NOT USE THE SOFTWARE.
1. SINGLE COPY SOFTWARE LICENSE. The SOFTWARE is copyrighted and protected by law and international treaty. This is a license, not a transfer of title, and you many not, nor permit anyone else to, (a) modify the SOFTWARE or use it for any commercial purpose or public display, performance, sale or rental; (b) decompile, reverse engineer, or disassemble, modify, or create derivative works based on the SOFTWARE or the documentation in whole or in part: (c) remove any copyright of other VSA proprietary notices; or (d) transfer the SOFTWARE to another person. You agree to prevent any copying of the SOFTWARE that you download for your use from the VSA web site and the proffered VSA CDRom.
You acknowledge that VSA will from time to time issue upgraded versions of the SOFTWARE and you agree that the terms and conditions of this Agreement (as may be amended from time to time by notices posted on VSA’s website or provided by U.S. mail) will apply to all such upgraded/updated versions.
2. USE OF THE VSA SOFTWARE AND SERVICE. The customer may use the SOFTWARE only in accordance with the provisions of Sections 1 hereof. Any other use is unauthorized and constitutes a breach of this Agreement.
VSA respects copyright law and expects our users to do the same. Unauthorized copying, distribution, modification, public display, or public performances of copyrighted works is an infringement of the copyright holders’ rights. As a condition to the license to use the SOFTWARE, you agree to comply with all of the notices; terms and conditions posted on the VSA web site and in the VSA shrink-wrap packages.
3. OWNERSHIP. The SOFTWARE is copyrighted proprietary material of VSA and may not be copied, reproduced, modified, published, uploaded, posted, transmitted, or distributed in any way, without VSA’s prior written permission. Except as expressly provided herein, VSA and its suppliers do not grant any express or implied right to you under any patents, copyrights, trademarks, or trade secret information of VSA or its suppliers.
4. TERMINATION OF THIS LICENSE. VSA may terminate this license at any time if you are in breach of any of these terms and conditions of use. Upon such termination you must and agree to immediately destroy all copies of the SOFTWARE.
5. DISCLAIMER. THIS PRODUCT IS INTGENDED FOR USE BY COMPETENT, LICENSED VETERINARIONS AND RESEARCHERS IN THE FIELD OF VETERINARY MEDICINE AND IS NOT INTENDED TO BE USED BY THE GENERAL PUBLIC. LICENSEE SHOULD NOT SUBSTITUTE THIS PROGRAM OR DATABASE FOR HIS OR HER OWN INDEPENDENT PROFESSIONAL JUDGMENT. THIS PRODUCT IS PROVIDED TO ASSIST THE VETERINARIAN AND PROVIDE GUIDANCE ONLY AND IS NOT OFFERED AS PROFESSIONAL ADVICE. IF EXPERT ADVICE OR OTHER EXPERT ASSISTANCE IS REQUIRED, THE SERVICE OF A COMPETENT PROFESSIONAL SHOULD BE SOUGHT.
VETERINARY SOFTWARE ASSOCIATES, LLC, ASSUMES NEITHER LIABILITY NOR RESPONSIBILITY TO ANY PERSON OR ENTITY WITH RESPECT TO ANY DIRECT OR INDIRECT LOSS OR DAMAGE CAUSED OR ALLEGED TO BE CAUSED BY THE INFORMATION CONTAINED HEREIN; OR FOR THE ERRORS, INACCURACIES, OR ANY OTHER INCONSISTENCY WITHIN THIS PROGRAM.
VETERINARY SOFTWARE ASSOCIATES, LLC, IS NOT ASSOCIATED WITH ANY MANUFACTURER OF PRODUCTS REFERRED TO HEREIN AND DOES NOT WARRANT OR GUARANTEE THE SAFETY OF THESE PRODUCTS.
6. AMENDMENTS. VSA may amend these terms and conditions at any time by a notice on it’s web site, which shall be binding upon you; accordingly, we urge you to visit the VSA web site periodically to review the then current and effective terms and conditions for use of the SOFTWARE, as well as the VSA web site and service. You may not revise or amend these term and conditions without the prior written authorization of an officer of VSA. Certain provisions of these terms and conditions may be superceded by expressly designated legal notices or terms located within the VSA web site.
7. NO WAIVER. No delay or failure to take action under these terms and conditions will constitute a waiver by VSA unless expressly waived in writing by a duly authorized officer of VSA.
8. GOVERNING LAW. The laws of the State of Maryland, U.S.A. without regard to or application of choice of law rules or principles shall govern this agreement and any and all claims relating to the SOFTWARE.
9. SOFTWARE WARRANTY. VSA warrants for a period of NINETY (90) DAYS from the date of installation that the SOFTWARE will execute its programming instructions when properly installed on the personal computer or workstation indicated in the accompanying literature. VSA does not warrant that the operations of the SOFTWARE will be uninterrupted or error free. In the event that this SOFTWARE fails to execute its programming instructions during the warranty period, Customer’s sole and exclusive remedy shall be to return the diskettes(s), CDRom or tape cartridge(s) (media) to VSA.
10. MEDIA WARRANTY. VSA warrants the media upon which this product is recorded to be free from defects in materials and workmanship under normal use for a period of NINETY (90) DAYS from the date of proper installation on the personal computer or workstation indicated in the accompanying literature. In the event that this media fails to execute its programming instructions during the warranty period, Customer’s sole and exclusive remedy shall be to return the media to VSA for replacement.
11. LIMITATION OF WARRANTY. Any implied warranty of merchantability or fitness is limited to the 90-day duration of this written warranty. Some states or provinces do not allow limitations on how long an implied warranty lasts, so the above limitation or exclusion may not apply to Customer.
12. UPDATES/RENEWALS. VSA will provide updates on a minimum of a semi-annual basis. We strongly encourage that you subscribe to these updates/renewals. Researchers constantly discover new medicines, an/or better and safer ways and dosages to administer existing medicines. These updates/renewals will be provided to you on a CDRom and/or the VSA web site. We stand behind the accuracy of our recommendations (Subject, of course, to the limitations expressed elsewhere, to the effect that we aren’t Veterinarians and it is up to the attending Vet to make the final decision on a case-by-case basis about the appropriateness of any medicines and dosage). However, our “guaranty” of the accuracy is only applicable to those who have purchased the renewal package, and who had the renewal package at the time the medicine was prescribed.
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