Medisoft User License Agreement
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License Agreement
NDCHealth Corporation d/b/a McKesson Provider Technologies
("McKesson") grants to the original purchaser ("Purchaser") a
nontransferable, nonexclusive license to use the accompanying
software (the "Software") in machine-readable, object code form
only, and the associated documentation for the private use of
Purchaser as set forth in the Permitted Uses and Prohibited Uses
sections below.
Acceptance and use of the Software acknowledges Purchaser's
agreement to abide by the terms of this License Agreement.
Disclaimer
McKesson makes no representations or warranties with respect to
the contents of the Software and specifically disclaims any
implied warranties and warranties of merchantability or fitness
for any particular purpose.
McKesson reserves the right to make changes or
alterations in the Software without the obligation to notify
anyone of the changes or alterations.
Permitted Uses
Purchaser may (1) copy the Software for backup purposes to
support Purchaser's use of the Software; (2) use the Software on
a single computer; and (3) if integrated with McKesson networked
software licensed by Purchaser from McKesson, Purchaser may
install this Software on each computer within one network at a
single location.
Prohibited Uses
Purchaser may not (1) distribute, rent, sublicense, or otherwise
make available to others the Software, documentation, or any
copies thereof; (2) modify, translate, adapt, disassemble, or
create derivative works from the Software or documentation; or
(3) use the Software or permit it to be used on more than one
computer at any one time, except as expressly authorized in the
Permitted Uses Section above.
The Software, documentation, and all manuals accompanying
the Software are copyrighted and all rights are reserved by
McKesson. No
copyrighted material may be copied, photocopied, reproduced,
translated, or reduced to any electronic medium or
machine-readable device without prior written consent from
McKesson.
McKesson’s Rights
Purchaser acknowledges and agrees that the Software and
associated documentation are proprietary products of McKesson
and certain third parties ("Third-Party Licensors") protected
under U.S. and international copyright law.
Purchaser further acknowledges and agrees that all right,
title, and interest in and to the Software and any copies
thereof, including associated intellectual property rights, are
and shall remain with McKesson and Third-Party Licensors.
The License Agreement does not convey to Purchaser any
interest in or to the Software, but only a limited right of use
revocable in accordance with the terms hereof, and Purchaser
agrees to transfer to McKesson any property interests or rights
in the Software Purchaser may have or later obtain by operation
of law or otherwise which are inconsistent with the rights
granted to Purchaser herein.
Trademarks
All other trademarks associated with the Software are trademarks
owned by McKesson or Third-Party Licensors.
No right, license, or interest to such trademarks is
granted hereunder, and Purchaser agrees that no such right,
license, or interest shall be asserted by Purchaser with respect
to such trademarks.
Purchaser agrees not to take any action which would damage the
goodwill associated with any such trademarks.
Limited Warranty
McKesson warrants to Purchaser that the computer media on which
the original Software is recorded will be free of defects in
materials and workmanship for a period of thirty (30) days from
the date of purchase under normal conditions of use and service.
Should the media become defective within thirty (30) days
from the date of purchase, if proof of original purchase can be
verified, McKesson will replace the Software or, at its option,
McKesson may refund to Purchaser the original McKesson purchase
price.
McKesson, its software suppliers, distributors, and
Value-Added Resellers make no representations, warranties, or
guarantees, express or implied, including warranties of
merchantability or fitness for any use or any particular purpose
with regard to the Software and documentation.
The Software and documentation are licensed to Purchaser
on an AS IS basis.
Liability of McKesson will be strictly limited to the purchase
price of the Software in any case.
IN NO EVENT SHALL MCKESSON BE LIABLE FOR ANY DIRECT, INCIDENTAL,
OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOSS OF
PROFITS, LOSS OF BENEFITS, OR LOSS OF DATA RESULTING FROM THE
USE OF THIS SOFTWARE OR ARISING OUT OF ANY CLAIMED OR ACTUAL
BREACH OF WARRANTY.
Some states do not allow the exclusion or limitation of direct,
incidental, or consequential damages.
If Purchaser resides in such a state, the above
limitation may not apply to Purchaser.
NO OTHER REPRESENTATIONS OR WARRANTIES CONCERNING THE SOFTWARE
OR DOCUMENTATION MAY BE GIVEN EXCEPT THOSE CONTAINED HEREIN.
Termination of License
McKesson may terminate this License Agreement upon a breach by
Purchaser of any term hereof.
Upon such termination by McKesson, Purchaser agrees to
immediately return to McKesson or destroy all copies of the
Software in Purchaser’s possession.
Miscellaneous
The failure of McKesson to enforce any rights granted hereunder
or to take any action against Purchaser in the event of a breach
hereunder shall not be deemed a waiver by McKesson as to
subsequent enforcement of rights or subsequent actions in the
event of future breaches.
Neither this License Agreement nor any interest in this
License Agreement is assignable by Purchaser.
This License Agreement represents the entire agreement
concerning the Software between Purchaser and McKesson.
Should any term of this License Agreement be declared
void or unenforceable by any court of competent jurisdiction,
such declaration shall have no effect on the remaining terms
hereof. This License
Agreement shall be construed and governed in accordance with the
laws of the State of Georgia, United States of America.
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