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| SOFTWARE END-USER LICENSE
AGREEMENT (EULA) |
IMPORTANT- READ CAREFULLY:
This End User License Agreement (“Agreement” or
“EULA”) is a legal agreement between you (either
an individual or a single entity) and Seppi
Technology Associates, LLC (“STA”) for the
software known as sepStream EMR/RIS/PACS™ and
any updates, bug fixes, enhancements, additions,
documentation, and any other related materials
provided by STA (collectively, the “software”).
The terms and conditions of the EULA are
separate and apart from those contained in any
other agreement between you and STA. BY
INSTALLING, COPYING OR OTHERWISE USING THE
SOFTWARE, YOU AGREE TO BE BOUND BY THE TERMS OF
THIS EULA. IF YOU DO NOT AGREE TO THE TERMS OF
THIS EULA, DO NOT INSTALL, COPY OR USE THE
SOFTWARE.
IMPORTANT. STA is willing to license its
Software to you only if you accept all of the
terms in this End-User License Agreement
(“Agreement”). Please read this Agreement
carefully and be sure you accept its terms
before completing the installation of this
product. If you do not agree with these terms,
you may, within 15 days, return the Software,
along with the entire package, unused, to Seppi
Technology Associates, LLC for a refund, less a
30% restocking fee.
COPYRIGHT and TRADEMARK. Software, accompanying
materials including media, printed materials,
and electronic documentation, are owned by STA.
The structure, organization, and source code are
owned by and are the valuable trade secrets of
Seppi Technology Associates, LLC and are
therefore protected by United States and
international copyright laws and by
international treaty provisions. The Software
and any accompanying materials as described
above are copyrighted with all rights reserved.
Your rights of ownership are subject to the
limitations and restrictions imposed by
copyright laws. Under the copyright laws you may
not copy the Software or any accompanying
materials, in whole or in part, except in the
normal use of the Software or to make a copy for
archival purposes, without the written consent
of Seppi Technology Associates, LLC.
TERMS OF LICENSE.
This Software can only be used on a single
computer at any one time. Therefore, the
Software is to be loaded on only one hard drive
at a time, per license owned. If the Software is
placed on another computer, you must either
erase the Software from the original computer’s
hard drive when it is moved to a second hard
drive unless you purchase additional licenses of
the Software. If the Software is licensed to
multiple computers, there may never be more
copies in use than there are copies licensed at
any given time. The Software may contain a
component that will enable STA to inform the
holder of the license of upgrades to the
Software. STA is not obligated to provide
technical support or updates for the software,
but in the event they are provided, they will be
deemed part of the Software and governed by this
Agreement. Any copyright notice of licensing
information contained in or with the Software
shall not be removed.
RESTRICTIONS ON USE OF LICENSE.
The Software may not be rented, lent, leased,
assigned or sold. Upon approval by STA, the
Software and accompanying materials may be
transferred to a different end user on a
permanent basis provided no copies are retained
and the recipient agrees to the terms of this
Agreement. Neither the Software or its
accompanying materials may be copies, altered,
modified or adopted into any other use. You
agree not to reverse engineer, translate,
decompile or disassemble the Software.
TERMINATION. If any unauthorized copying of the
Software or of any of the accompanying materials
occurs, or there is a failure to comply on your
behalf with any term of this Agreement, the
result will be automatic termination of this
license. Upon termination, you must either
destroy or return to Seppi Technology
Associates, LLC all copies of the Software and
any accompanying materials.
LIMITED WARRANTY AND REMEDY. Seppi Technology
Associates, LLC warrants that the Software will
perform substantially (1) in accordance with the
accompanying materials and (2) is free of
defects in workmanship and material. Such
Limited Warranty will be in force for 30 days
following the end user’s receipt of the
Software. In the event the Software does not
conform to the above limited warranty, your
exclusive remedy and STA’s entire liability will
be, at STA’s discretion, and upon end user’s
postage paid return of the Software and a copy
of the original invoice, either (A) replacement
of the non-conforming Software to meet the
limited warranty or (B) return of the license
fee. This limited warranty gives you specific
legal rights. You may have others, which vary
from state to state. Any replacement Software
will also be warranted for 30 days from receipt
by end user. The entire risk arising out of use
or performance of the Software remains with you.
DISCLAIMER. STA DISCLAIMS ALL OTHER WARRANTIES,
EITHER EXPRESSED OR IMPLIED INCLUDING BUT NOT
LIMITED TO IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE, AND NON-INFRINGEMENT, WITH RESPECT TO
THE SOFTWARE AND THE ACCOMPANYING MATERIALS. IN
NO EVENT WILL STA OR ITS SUPPLIERS BE LIABLE TO
THE END USER FOR DAMAGES, INCLUDING ANY LOSS OF
PROFITS, OR OTHER INDIRECT, INCIDENTAL OR
CONSEQUENTIAL DAMAGES ARISING OUT OF ANY DEFECT
IN THE SOFTWARE, ACCOMPANYING MATERIAL, MEDIA,
OR MANUAL OR THE USE OR INABILITY TO USE THE
SOFTWARE. SPECIFICALLY, STA SHALL HAVE NO
LIABILITY FOR ANY DATA STORED IN OR USED WITH
STA’S PRODUCTS, INCLUDING THE COSTS OF
RECOVERING SUCH DATA EVEN IF STA HAS BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Some
states do not allow the exclusion or limitations
on duration of an implied warranty, so the above
limitations may not apply to you. STA’s
liability will in no event exceed the cost of
replacement of the Software. The laws of the
State of Texas shall govern this Agreement.
U.S. GOVERNMENT RESTRICTED RIGHTS. The Software
and any accompanying materials are provided with
Restricted Rights. Use, duplication, or
disclosure by the Government is subject to
restrictions set forth in subparagraph
(c)(1)(ii) of The Rights in Technical Data and
Computer Software clause at DFARS 252.227.7013
or subparagraphs (c)(1) and (2) of Commercial
Computer Software - Restricted Rights at 48 CFR
52.227-19, as applicable. Seppi Technology
Associates, LLC is located at 4747 Research
Forest Drive, Suite-180-317, The Woodlands,
Texas 77381.
This Agreement constitutes the entire agreement
between parties with respect to the subject
matter hereof and merges all prior and
contemporaneous communications. It will not be
modified except by a written agreement signed by
duly authorized representatives of the parties.
If any provision of this Agreement is held to be
unenforceable for any reason, it will be
adjusted rather than voided to minimize the
effect on the license and to achieve the intent
of the parties and all other provision of the
Agreement will be deemed valid and enforceable
to the extent possible.
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