Health Literacy Advisor End User Licensing Agreement
3 August 2010
INDIVIDUAL END USER LICENSE AGREEMENT ("EULA")
1. This is a Licensing Agreement between "you," the individual, company, or organization using the Health Literacy Advisor ("this software"), and Health Literacy Innovations, LLC ("HLI"). Please read this EULA carefully. If you do not agree with these terms and conditions, do not proceed with the installation of this software, and/or uninstall all copies of this software from your computer(s).
2. This software is licensed, not sold. This EULA only gives you certain rights to use the software. HLI reserves all other rights.
3. Each user seat licensed from HLI grants you a nonexclusive right to install and use this software on a single computer, for the use of a single person at a time, for the time period indicated to you at the time of the license ("the term of your license").
4. This EULA is only for non-commercial use of this software. You are allowed to use this software to evaluate and revise documents owned and used by you. Examples of commercial use that would not be allowed under this EULA include, but are not limited to, using this software to evaluate and revise documents owned by others for a fee or as part of a contract or consulting arrangement, or using this software to craft documents that you offer for sale or license to others.
5. You may make back-up copies of this software for archival purposes only.
6. This software is protected by the copyright laws of the U.S. and other countries, and HLI retains all intellectual property rights in this software. You may not circumvent or reverse engineer any password or any other protection scheme used by HLI to protect the source code or data for this software. You may not separately publish, sell, market, make access to the Software available to others in connection with a service bureau, application service provider, or similar business, distribute, lend, lease, rent, or sublicense any portion of the source code or data or words generated from this software. However, this EULA is not to be construed as prohibiting or limiting any fair use sanctioned by copyright law.
7. HLI warrants that this software will provide the features and functionality described in the product specification on our website HealthLiteracyInnovations.com at the time that you licensed it, and as described in the included product documentation, for the term of your license. Media on which this software is furnished, if any, will be free from defects in materials and workmanship.
8. HLI does not warrant that this software or your ability to use it will be uninterrupted or error-free. To the extent permitted by applicable law, HLI disclaims all implied warranties, including but not limited to warranties of merchantability and fitness for a particular purpose.
9. Your exclusive remedy under this limited warranty shall be, at HLI's option, either a full refund of the license price or correction of the defective software or media. To the fullest extent permitted by applicable law, HLI disclaims all liability for indirect or consequential damages that arise under this license agreement.
10. HLI has taken all reasonable steps to keep this software free of viruses, spyware, adware, malware, or any other harmful code. HLI will not track or collect any information about you, your data or documents, or your use of this software except as you specifically authorize. Other than limitations inherent in any trial or evaluation mode of this software, HLI will not intentionally deprive you of your ability to use any features of this software during the term of your license.
11. This software will not contact HLI or any third party for any reason without express confirmation from you. It will not download or install patches for any reason without express confirmation from you. It will not download or install any third party software for any reason without express confirmation from you.
12. This software includes content relating to general principles of medical conditions and medical care. This content should not be construed as specific instructions for individual patients. Application of this information in a particular situation remains the professional responsibility of a licensed practitioner of medicine.
13. This software offers suggested replacements for certain words and phrases. Choosing an offered replacement is completely voluntary on your part. It is your exclusive responsibility to insure that any such changes that you choose are appropriate with regard to your intended meaning.
14. By accepting this EULA, you agree to indemnify and otherwise hold harmless HLI , its officers, employees, agents, subsidiaries, affiliates, suppliers and other partners from any direct, indirect, incidental, special, consequential or exemplary damages arising out of, or relating to, or resulting from your use of this software or any other matter relating to this software.
15. Unless you notify HLI otherwise, HLI maintains the right to identify your company by name as a customer and to issue a press release that discloses that your company has licensed this software. This right does not apply to your trial or evaluation use of this software.
16. You agree that you will not, without the prior written permission of HLI: (a) Use in advertising, publicity, packaging, labeling, or otherwise any trade name, trademark, trade device, or service mark of HLI; (b) Make public reference to your use of health literacy software or an interactive health literacy software tool without referencing this software specifically by name, with the prior written permission of HLI; or (c) Represent, directly or indirectly, that any product or service of yours is a product or service of HLI.
16. If any part of this agreement is found to be invalid or unenforceable, the remaining parts will remain in effect. This agreement does not prejudice the statutory rights of any party dealing as a consumer.
17. This agreement does not supersede any express warranties HLI may have made to you in writing. Any modification to this agreement must be agreed to in writing by both parties.
18. The interpretation and enforcement of this EULA shall be governed by the statutory and common law of the State of Maryland, United States. Any dispute arising under this EULA or relating to this software shall be resolved by arbitration.
