End User License Agreement | v
CODE BLUE® III NEWBORN
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USER GUIDE
This is a legal agreement between you, the end user, and Gaumard® Scientific Company, inc. (“Gaumard”). This software is protected
by copyright laws and remains the sole property of Gaumard. By installing the OMNI® 2 (the “software”) media, you agree to be
bound by the terms of this agreement. If you do not agree to the terms of this agreement, promptly return the uninstalled media
and accompanying items to Gaumard at the address indicated below.
1. Grant of License:
Gaumard hereby grants to you (an individual or institution) the right to install and activate the software on
one computer for use with one interactive patient simulator system. The software may also be installed on any number of other
computers at the same institution so that students may access the learning resources. One copy of the software may be made
for backup purposes. You may not network this software, or allow multiple users unless you purchased a multi-user workstation
license. Sharing this software with other individuals or allowing other individuals to view the contents of this software is in violation
of this license.
2. Copyright:
The software is owned by Gaumard and protected by United States copyright laws and international treaty provisions.
Therefore, you must treat this software like any other copyrighted material. You may not make this software or copies thereof
available in any manner or form or use, copy or transfer the software, in whole or in part, except as provided herein.
3. Other Restrictions:
You may not rent or lease this software to any other party. You may not alter, merge, modify, adapt, reverse
engineer, decompile or disassemble the software, or disclose the contents of this software to any other party.
4. Electronic Transmission of Software:
If you received the software by electronic transmission or by internet delivery, by installation
of the software, you acknowledge that you have read and understand this license agreement and agree to be bound by its terms
and conditions.
5. Term of Agreement:
The term of this agreement and the license granted to you pursuant hereto shall commence upon installation
of this software. This agreement and the license granted herein may otherwise be terminated by Gaumard in the event that you
are in breach of any provision of this agreement. In the event of termination, you agree to immediately return this software,
accompanying items, and any copies thereof to Gaumard.
6. Limited Warranty:
(A) The CD-ROM media (the “media”) which contains this software is warranted, for a period of 30 days from the date of
purchase, to be free from defects in material and workmanship. Electronic transmission is warranted to be free from defects at
the moment of transmission. Your sole and exclusive remedy, and Gaumard’s sole liability, is to replace the defective media or
to repeat the electronic transmission provided that you notify Gaumard in writing of such defect or defective transmission and
return the defective media, if any, during the 30-day warranty period.
(B) Except and to the extent expressly provided in paragraph (a), the software and accompanying written materials are provided
on an “as is” basis, without any warranties of any kind, including, but not limited to, any implied warranties of merchantability or
fitness for any particular purpose. No oral or written information or advice given by Gaumard, its dealers, distributors, agents or
employees shall create a warranty or in any way increase the scope of this warranty, and you may not rely on any such information
or advice. Gaumard does not warrant, guarantee, or make any representations regarding the use or the results of use, of the
software or written materials in terms of correctness, accuracy, reliability, currentness, or otherwise, and the entire risk as to
the results and performance of the software is assumed by you. If the software or written materials are defective, you and not
Gaumard or its dealers, distributors, agents, or employees, assume the entire cost of all necessary servicing, repair or correction
other than expressly described above.
(C) Neither Gaumard nor anyone else who has been involved in the creation, production or delivery of this product shall be liable
for any direct, indirect, consequential or incidental damages (including damages for loss of business profits, business interruption,
loss of business information, and the like) arising out of the use or inability to use such product or related to this agreement even
if Gaumard has been advised of the possibility of such damages. Gaumard shall not be liable to you for any indirect, special,
incidental, or consequential damages or lost profits arising out of or related to this agreement or your use of the software and/
or the related documentation, even if Gaumard has been advised of the possibility of such damages. In no event shall Gaumard’s
liability here under, if any, exceed the purchase price paid by you for the software.
All rights not expressly granted in this license agreement are reserved by Gaumard.
ACKNOWLEDGMENT
By installation of this software, you acknowledge that you have read and understand the foregoing and that you agree to be
bound by its terms and conditions. You also agree that this agreement is the complete and exclusive statement of agreement
between the parties and supersedes all proposed or prior agreements, oral or written, and any other communications between
the parties relating to the license described herein.
END USER LICENSE AGREEMENT
