End User License Agreement | vi
CPR SUSIE®
|
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® and 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
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