This End-User License Agreement ("EULA") is a legal AGREEMENT between you and TomoVision.
SOFTWARE PRODUCT LICENSE
The Software is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. The Software is licensed, not sold.
Without a valid license, the software runs in "Demo Mode". You can use the software in that mode free of charge for as long as you want. You can make as many copies of it as you want and give copies to as many people as you want as long as you do not charge any fees for it. What you can not do is reverse engineer the software or attempt to circumvent the license scheme.
If you do buy a license, then you can still make as many copies of the software as you want and install it on as many computers as you want. However, only one of these copies at a time will have access to the license and can perform in a non-demo mode.
If you intend to permanently transfer your license to another user, please contact us before hand so that we can update our information accordingly.
TITLE
For each of TomoVision's products, you will have an Update License and at least one Module License.
WARRANTY
Let's be honest here: Big software programs always contains bugs! So we can not offer any warranties that our product are free of defects. What we can do is try to fix them when they are found. The software come with a free one year "update" license that enable you to gain access to the latest version of the software for one year after the date of purchase. So for the first year, if you find and report us a problem, you will have access to any bug fix we produced. After that period, you will have to renew your update license to keep having access to any new bug fixes or software improvements.
CONFIDENTIAL INFORMATION
TomoVision's programs manipulate medical images that usually contain confidential patient information. TomoVision's programs do not maintain any internal or external database of patient information. Any exporting of patient information is done at the discretion of the users when they create result files.
CANCELLATION
If, during the first 90 days of using the software, you are not satisfied with the product, return it to us along with the license for a full refund. After that, if you want to cancel the license, you still can. Just return us the license. But we will probably not refund you the full amount...
APPLICABLE LAW
If for any reasons you want to sue us, we can unfortunately not prevent you from doing so, but it will have to be in our turf! Any dispute shall be resolved in the courts of the province of Quebec in Canada.
LIMITATION OF LIABILITY.
This is the usual legal stuff software companies use to try to reject any responsibilities for what is wrong in the world. If we don't include it here, our lawyers will be displeased...
UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, TORT, CONTRACT, OR OTHERWISE, SHALL TOMOVISION OR ITS SUPPLIERS OR RESELLERS BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES. IN NO EVENT WILL TOMOVISION BE LIABLE FOR ANY DAMAGES IN EXCESS OF TOMOVISION'S LIST PRICE FOR A LICENSE TO THE SOFTWARE, EVEN IF TOMOVISION SHALL HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY OTHER PARTY. THIS LIMITATION OF LIABILITY SHALL NOT APPLY TO LIABILITY FOR DEATH OR PERSONAL INJURY TO THE EXTENT APPLICABLE LAW PROHIBITS SUCH LIMITATION. FURTHERMORE, SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION AND EXCLUSION MAY NOT APPLY TO YOU.
TAXES
TomoVision will collect taxes for our Canadian and US customers (we can provide the W-8ECI form on request). We will not collect taxes in any other countries. If duties and taxes are dues in your country, we ask that you take care of it on your side.
For our US clients, our lawyers ask us to provide this paragraph:
The Parties hereto have expressly required that this Agreement conform to U.S. Treasury Regulation, Section 1.861-18, Classification of transactions involving computer programs (c), Transfers involving copyright rights and copyrighted articles, (3) Copyrighted article. The Term Applied to the Parties characterize a “shrink-wrap” license and applications under U.S. Treasury Regulation Section 1.161-18 (g) resulting in the transaction being classified as the sale of a copyrighted article generating rental income. The transferee does NOT receive the right to use the software product and the software upgrades as identified above for commercial exploitation as defined in U.S. Treasury Regulation, Section 1.861-18.
DISCLAIMER.
GOOD DATA PROCESSING PROCEDURE DICTATES THAT ANY PROGRAM BE THOROUGHLY TESTED WITH NON-CRITICAL DATA BEFORE RELYING ON IT. The user must assume the entire risk of using the program.
TomoVision makes no representation or warranty with respect to the adequacy of its products for any particular purpose or with respect to its adequacy to produce any particular results.
MISCELLANEOUS.
This EULA represents the complete and exclusive statement of the agreements concerning this license between the parties and supersedes all prior agreements and representations between them. It may be amended only by a writing executed by both parties. THE ACCEPTANCE OF ANY PURCHASE ORDER PLACED BY YOU IS EXPRESSLY MADE CONDITIONAL ON YOUR ASSENT TO THE TERMS SET FORTH HEREIN, AND TOMOVISION AGREES TO FURNISH THE SOFTWARE AND DOCUMENTATION ONLY UPON THESE TERMS AND NOT THOSE CONTAINED IN YOUR PURCHASE ORDER.
(Note: TomoVision is a business name used by Magie Virtuelle Inc)
SOFTWARE PRODUCT LICENSE
The Software is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. The Software is licensed, not sold.
Without a valid license, the software runs in "Demo Mode". You can use the software in that mode free of charge for as long as you want. You can make as many copies of it as you want and give copies to as many people as you want as long as you do not charge any fees for it. What you can not do is reverse engineer the software or attempt to circumvent the license scheme.
If you do buy a license, then you can still make as many copies of the software as you want and install it on as many computers as you want. However, only one of these copies at a time will have access to the license and can perform in a non-demo mode.
If you intend to permanently transfer your license to another user, please contact us before hand so that we can update our information accordingly.
TITLE
For each of TomoVision's products, you will have an Update License and at least one Module License.
WARRANTY
Let's be honest here: Big software programs always contains bugs! So we can not offer any warranties that our product are free of defects. What we can do is try to fix them when they are found. The software come with a free one year "update" license that enable you to gain access to the latest version of the software for one year after the date of purchase. So for the first year, if you find and report us a problem, you will have access to any bug fix we produced. After that period, you will have to renew your update license to keep having access to any new bug fixes or software improvements.
CONFIDENTIAL INFORMATION
TomoVision's programs manipulate medical images that usually contain confidential patient information. TomoVision's programs do not maintain any internal or external database of patient information. Any exporting of patient information is done at the discretion of the users when they create result files.
CANCELLATION
If, during the first 90 days of using the software, you are not satisfied with the product, return it to us along with the license for a full refund. After that, if you want to cancel the license, you still can. Just return us the license. But we will probably not refund you the full amount...
APPLICABLE LAW
If for any reasons you want to sue us, we can unfortunately not prevent you from doing so, but it will have to be in our turf! Any dispute shall be resolved in the courts of the province of Quebec in Canada.
LIMITATION OF LIABILITY.
This is the usual legal stuff software companies use to try to reject any responsibilities for what is wrong in the world. If we don't include it here, our lawyers will be displeased...
UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, TORT, CONTRACT, OR OTHERWISE, SHALL TOMOVISION OR ITS SUPPLIERS OR RESELLERS BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES. IN NO EVENT WILL TOMOVISION BE LIABLE FOR ANY DAMAGES IN EXCESS OF TOMOVISION'S LIST PRICE FOR A LICENSE TO THE SOFTWARE, EVEN IF TOMOVISION SHALL HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY OTHER PARTY. THIS LIMITATION OF LIABILITY SHALL NOT APPLY TO LIABILITY FOR DEATH OR PERSONAL INJURY TO THE EXTENT APPLICABLE LAW PROHIBITS SUCH LIMITATION. FURTHERMORE, SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION AND EXCLUSION MAY NOT APPLY TO YOU.
TAXES
TomoVision will collect taxes for our Canadian and US customers (we can provide the W-8ECI form on request). We will not collect taxes in any other countries. If duties and taxes are dues in your country, we ask that you take care of it on your side.
For our US clients, our lawyers ask us to provide this paragraph:
The Parties hereto have expressly required that this Agreement conform to U.S. Treasury Regulation, Section 1.861-18, Classification of transactions involving computer programs (c), Transfers involving copyright rights and copyrighted articles, (3) Copyrighted article. The Term Applied to the Parties characterize a “shrink-wrap” license and applications under U.S. Treasury Regulation Section 1.161-18 (g) resulting in the transaction being classified as the sale of a copyrighted article generating rental income. The transferee does NOT receive the right to use the software product and the software upgrades as identified above for commercial exploitation as defined in U.S. Treasury Regulation, Section 1.861-18.
DISCLAIMER.
GOOD DATA PROCESSING PROCEDURE DICTATES THAT ANY PROGRAM BE THOROUGHLY TESTED WITH NON-CRITICAL DATA BEFORE RELYING ON IT. The user must assume the entire risk of using the program.
TomoVision makes no representation or warranty with respect to the adequacy of its products for any particular purpose or with respect to its adequacy to produce any particular results.
MISCELLANEOUS.
This EULA represents the complete and exclusive statement of the agreements concerning this license between the parties and supersedes all prior agreements and representations between them. It may be amended only by a writing executed by both parties. THE ACCEPTANCE OF ANY PURCHASE ORDER PLACED BY YOU IS EXPRESSLY MADE CONDITIONAL ON YOUR ASSENT TO THE TERMS SET FORTH HEREIN, AND TOMOVISION AGREES TO FURNISH THE SOFTWARE AND DOCUMENTATION ONLY UPON THESE TERMS AND NOT THOSE CONTAINED IN YOUR PURCHASE ORDER.
(Note: TomoVision is a business name used by Magie Virtuelle Inc)