» version 3.0.0 - posted on 2004-12-10
New admin interface, new SMS notification, new newsletter feature, improved GUI
EULA - End User License Agreement
IMPORTANT: THIS IS A LICENSE, NOT A SALE. CAREFULLY READ ALL OF THE TERMS AND
CONDITIONS OF THIS LICENSE BEFORE ACCEPTING THIS LICENSE AND USING THIS PRODUCT.
CLICKING ON THE DOWNLOAD LINK BELOW OR INSTALLING THE PROGRAM, OR USE OF
THE PROGRAM INDICATES YOUR ACKNOWLEDGMENT THAT YOU HAVE READ THIS LICENSE AND
AGREE TO ITS TERMS. THIS LICENSE AGREEMENT IS YOUR PROOF OF LICENSE.
1. Upon the provision of the information requested by Unlimi-Tech Software Inc.
(we or us or our) to us, we provide you with this file containing Doctera
which is a computer program (the "Program"), license (the "License"), accompanying
documents (Support Materials) (all of these together called the "Product") and
grants you a license to use the Product in accordance with the terms of this
License. The copyright and all other rights in the Product shall remain with us.
Please note that the terms you means, your business, the corporation,
partnership, sole proprietor or other entity that is the owner of the web site
where our product will be posted.
2. This License permits you to: (a) download or otherwise be sent by Unlimi-Tech
Software Inc. and install the Program in the form provided to you on a single
computer or a single computer network within your business for use by a single web
site as identified by a single domain name which domain name is owned by you;
(b) EVALUATE and TEST our product in your own environment.
(c) access and use our product FOR NON-COMERCIAL PURPOSES ONLY.
(d) make one copy of the Program for archive or backup purposes; and
(e) make as many copies as necessary of the Support Materials for use only
within your business or to visitors to your web site.
This License is personal and is non-exclusive.
3. This License does not permit you to and you may not: (a) disassemble, reverse
engineer, decompile, convert into human readable form, sub-license, sell, give away,
loan, rent, transfer or transmit (electronically, over a network, by telephone, or
otherwise), display,all or any part of the Program, and you may not adapt or modify
the Program, or develop any derivative works or any competitive or emulating
software using the Program; (b) transfer or assign this License without the express,
advance written consent of us; (c) remove any proprietary legend from the Product;
(d) use the Program in violation of any law including but not limited to any
Criminal Law and (e) use the Program or Support Materials in any manner not
expressly authorized in Section 2.
4. The Product is protected by copyright. By providing us the information that
we have requested of you and by receiving and/or using a copy of the Product you
do not become the owner of them. All intellectual property rights in the Product
are and shall remain in us. You acknowledge that any unauthorized publication or
disclosure to third persons of the Product may cause immediate and irreparable
harm to us. You agree to take all reasonable steps to maintain the confidentiality
of the Product and shall not, without our prior written consent, disclose, or make
it available in any form to any person. In addition, you allow us to "lock" the
Program so that it and any data may not be accessed by you immediately after the
license term has ended or the license has been otherwise terminated.
5. If Unlimi-Tech Software Inc. has received the registration information it has
requested from you (the Registration Information) prior to or within fourteen (14)
days after you download or are sent the Product and if within 90 days after the
date you download or are sent the Product you discover a material non-conformity
between the Program and the Support Materials and report it in writing to us,
we will, at our sole option, provide you with any correction or workaround for
the non-conformity made generally available by us to our other licensees of the
Program. This remedy is your sole and exclusive remedy for any breach of any
warranty or condition. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU
MAY HAVE OTHER RIGHTS WHICH VARY FROM JURISDICTION TO JURISDICTION.
6. We are not responsible for problems that occur as a result of any
incompatibility between the Program and the software or hardware of any third
person. You assume responsibility for the selection of the Program to achieve your
7. WE EXPRESSLY DISCLAIM ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS EXPRESS OR
IMPLIED NOT CONTAINED HEREIN, INCLUDING REPRESENTATIONS, WARRANTIES AND CONDITIONS
OF QUALITY, PERFORMANCE, MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A
PARTICULAR PURPOSE, TITLE AND THOSE ARISING BY STATUTE OR OTHERWISE IN LAW OR
FROM A COURSE OF DEALING OR USE OF TRADE. WE CANNOT AND DO NOT WARRANT THAT THE
PROGRAM WILL OPERATE WITHOUT INTERRUPTIONS OR THAT IT WILL BE ERROR-FREE. SHOULD A
COURT OF COMPETENT JURISDICTION DETERMINE THAT THE PROGRAM IS A "CONSUMER PRODUCT"
UNDER ANY CONSUMER PROTECTION LEGISLATION AND IMPLY ANY WARRANTY OR CONDITION, THEN
SUCH IMPLIED WARRANTIES OR CONDITIONS, IF ANY ARE LIMITED IN TIME TO A PERIOD OF
NINETY (90) DAYS AFTER YOU ACQUIRE THE PROGRAM. AFTER THAT PERIOD, ALL IMPLIED
WARRANTIES AND CONDITIONS ARE EXPRESSLY DISCLAIMED. SOME JURISDICTIONS DO NOT ALLOW
LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT
APPLY TO YOU.
8. IN NO EVENT WILL WE BE LIABLE FOR LOST PROFITS, LOSS OF DATA, LOSS OF REVENUE OR
EARNINGS, CLAIMS MADE BY THIRD PARTIES, OR FOR ANY COMMERCIAL, ECONOMIC, SPECIAL,
INCIDENTAL, INDIRECT, CONSEQUENTIAL OR EXEMPLARY DAMAGE INCLUDING WITHOUT LIMITATION
ANY DAMAGE ARISING FROM OR RELATED TO THE USE OR INABILITY TO USE THE PROGRAM
(INCLUDING WARRANTY, MAINTENANCE, OR SUPPORT SERVICES) PROVIDED OR NOT PROVIDED TO
YOU AT ANY TIME RELATED TO THE PROGRAM, EVEN IF WE HAVE BEEN ADVISED OF, OR FORESEE
THE POSSIBILITY OF, ANY OF THESE DAMAGES OCCURRING. IN NO EVENT WILL OUR LIABILITY
TO YOU EXCEED THE AMOUNT PAID BY YOU TO US OR ANY THIRD PERSON FOR THE PRODUCT.
9. THE LIMITATIONS, EXCLUSIONS AND DISCLAIMERS IN THIS LICENSE SHALL APPLY
IRRESPECTIVE OF THE NATURE OF THE CAUSE OF ACTION, DEMAND, OR ACTION BY YOU,
INCLUDING BUT NOT LIMITED TO BREACH OF CONTRACT, NEGLIGENCE, STRICT LIABILITY, TORT,
OR ANY OTHER LEGAL THEORY AND SHALL SURVIVE A FUNDAMENTAL BREACH OR BREACHES AND/OR
FAILURE OF THE ESSENTIAL PURPOSE OF THIS LICENSE, OR OF ANY REMEDY CONTAINED HEREIN.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR
INCIDENTAL OR CONSEQUENTIAL DAMAGES SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT
APPLY TO YOU.
10. The License begins upon acceptance by you, which acceptance shall be indicated
by your clicking on the download link, or by you installing the Program, or by
your use of the Program, or by your continued possession of the program for a period
of fourteen (14) days after you receive it, whichever is the earlier, and shall
continue for a period of one (1) year or until earlier termination as provided
herein. This license will terminate immediately upon you failing to comply with
any of the terms and conditions of this license. Should we choose to do so we may,
but do not have to, advise you of the termination of this license in writing.
Upon the termination of this License
(a) Your rights under Section 2 shall immediately cease;
(b) You shall Destroy any copy of the Product received by you;
(c) You shall erase all copies of the Program and Support Materials in your
possession or within your control
(d) Certify in writing to us within fourteen (14) days of the termination of this
License that all of the above have been done.
11. Notwithstanding anything to the contrary in this License, all provisions in this
License are hereby limited to the extent mandated by applicable law. To the extent
that any provision or portion of this License is determined by a court of competent
jurisdiction to be invalid, illegal or unenforceable, to that extent, such portion
or provision shall be severed and deleted from the remaining provisions of this
License. The invalidity or unenforceability of any provision shall in no way
affect or impair the validity or enforceability of the remaining provisions.
12. This License shall be governed by and construed in accordance with the laws of
the Province of Ontario and the laws of Canada applicable therein and shall be
deemed to have been made and completely performed in the Province of Ontario.
You hereby agree to submit to the non-exclusive jurisdiction of the courts of
the Province of Ontario for any legal action arising out of this License or the
performance of obligations arising out of this License. This License constitutes
the entire agreement between the parties hereto with respect to the subject matter
hereof. The terms of this License shall apply to all updates (including corrections,
modifications, and enhancements) made to the Program and Support Materials
supplied to you.
13. The parties have requested that this License and all communications and
documents relating hereto be expressed in the English language. Les parties ont
exiges que la presente convention ainsi que tous documents s''y rattachant soient
rediges dans la langue anglaise.