LicenseWinRx.html

1. ApotheSoft ® - License Agreement

1.1 This agreement is between Apothesoft, LLC (the Licensor), and you (the Licensee). It covers your use of the ApotheSoft ® pharmacy software, hereinafter referred to as "ApotheSoft", or simply as "the program" or "the Software".

1.2 By installing ApotheSoft ® onto a computer, you are deemed to agree to these license terms.

1.3 If you do not agree with these terms, you must not proceed with installation, or, if ApotheSoft has already been installed, you must remove ApotheSoft from your system.

1.4 The Licensor reserves the right to modify ApotheSoft ®, and also the terms of this License Agreement at any time, and without prior notification.

1.5 You may use ApotheSoft ® only according to this License Agreement. This Agreement shall be governed by, and construed in accordance with the laws of Washington State, USA and shall be subject to the jurisdiction of the Washington State Courts.

2. Grant of License

2.1 The Licensor grants you a non-exclusive, non-transferable license to use a single copy of the program, or, if multiple licenses were purchased, that number of copies of the program. The Software is at all times owned by the Licensor and/or its suppliers. As Licensee, you own a License, not the Software. The License must be annually renewed and the License fee paid. Without a current license the software will cease to function until a valid license has been purchased.

3. Statement of Copyright and Trademark

3.1 ApotheSoft ® Source Code and all accompanying documentation are Copyright © by Francom Family Limited Partnership 2008, all rights reserved. ApotheSoft ® is a Registered Trademark of ApotheSoft, LLC.

4. Rights of Usage

4.1 You may freely use the facilities offered by an installed ApotheSoft system, so long as you do not use any component file (that was installed as part of the ApotheSoft system) for any purpose other than that for which it was provided, namely as an integral component of the ApotheSoft system.

4.2 You may not make changes to any files, other than the ApotheSoft INI configuration file, in ApotheSoft's installed directory or folder(s), except as may be offered to you through ApotheSoft's program interface. Any such action is a violation of this agreement.

4.3 You agree not to use the ApotheSoft pharmacy software for more than the pharmacy location for which a license has been purchased.

5. Rights of Distribution

5.1 You have no rights of distribution. You may not under any circumstances distribute the ApotheSoft installation program, any unique access code(s) or key files that may be provided to you, or any binary file which forms part of an installed ApotheSoft system. However, you may freely distribute copies of the original (Trial) version of the Program, in its original format, so long as you do not charge more than a nominal fee to cover the cost of materials. You may not in any way change the original distribution file, except to package it within another archive if necessary.

6. General Provisions

6.1 You may not modify any part of ApotheSoft, including documentation. In particular, de-compilation, reverse engineering or creation of derivative works are expressly forbidden.

6.2 You may not remove, obscure or alter any notice of patent, copyright, trademark or other proprietary notice on the Software.

6.3 You may not sub-license, distribute, rent, lease, or otherwise transfer the Software or any unique access code(s) or key files, or copy the Software.

6.4 You may not make the Software accessible by any type of broadcast or transmission.

6.5 You may not enable a third party to do any of the acts set out in this section.

6.6 You agree to supervise and control use of the Software in accordance with the terms of this License, which at a minimum will mean that you ensure that anyone who uses the software (employees, agents or other affiliated parties) are notified of this License and the terms hereof prior to such employee, agent or affiliated party using the same.

6.7 Violation of any of the above provisions may result in termination of this license, and may further result in criminal or civil prosecution.

7. Warranty

7.1 The ApotheSoft pharmacy software has been developed diligently, and is offered for use in good faith. All use of the software is entirely at the user's risk. The software and documentation are provided "AS IS". The Help file contains a comprehensive product description. Neither the author/programmers of the software nor the Licensor make any warranties, implied or expressed, regarding the ApotheSoft software and it's predecessor PPS software. Use of the ApotheSoft software indicates that you agree that there are NO implied WARRANTIES of Merchantability and Fitness for a particular purpose. If the program fails to meet your expectations, you agree that your only recourse is to stop using the software and to find other software to replace it. You agree to hold the authors/programmers and the former and current Licensor(s) harmless from and indemnify them from any and all litigation arising from the use or misuse of the software even in the event the software fails to function properly.

7.2 You acknowledge that, as with any sufficiently complex computer program, the Software is unlikely to be completely error-free, and you agree that the existence of such errors shall not constitute a breach of this License.

7.3 In the event that you discover a material error which substantially affects your use of the same, and notify the Licensor of the error within thirty (30) days from the date of the first use of the Software, the Licensor shall use all reasonable endeavors to correct by patch or new release that part of the Software which does not so comply provided that such non-compliance has not been caused by any modification, variation or addition to the Software not performed by the Licensor or caused by its incorrect use, abuse or corruption of the Software or by use of the Software with other Software or on equipment with which it is incompatible, or which is beyond the reasonable knowledge or control of the Licensor.

7.4 The Licensor makes no warranty, express or implied, including, but not limited to, any warranty of merchantability, non-infringement or fitness for any particular purpose. Specifically, the Licensor does not warrant that the functions mentioned in the Software will meet the Licensee's individual requirements.

8. Limitation of Liability

8.1 IN NO EVENT SHALL the Licensor OR HIS SUPPLIERS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THIS AGREEMENT, HOWSOEVER ANY CLAIM MAY BE BASED, EVEN IF the Licensor IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

8.2 The Licensor expressly excludes liability for indirect, special, incidental or consequential loss or damage which may arise in respect of the Software, its use, the System or in respect of other equipment or property, or for loss of profit, business, revenue, goodwill or anticipated savings.

9. Intellectual Property Rights

9.1 You acknowledge that any and all of the copyright, trademarks, trade names, patents and other intellectual property rights subsisting in or used in connection with the Software including but not limited to all documentation and manuals relating thereto, all images, animations, audio music and text which may be incorporated into the Software remain the sole property of the Licensor. You agree to immediately notify the Licensor of any actual or suspected infringement and you further agree not to use any of the Licensor's trademarks as any part of the name under which you conduct your business.

10. Severability

10.1 In the event that any of these terms and conditions or provisions shall be determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such terms, condition or provision shall to that extent be severed from the remaining terms, conditions and provisions which shall continue to be valid to the fullest extent permitted by law.

11. Entire Agreement

11.1 This Agreement supersedes all prior agreements and arrangements of whatever nature and sets out the entire agreement and understanding between the parties relating to its subject matter. Nothing in this clause shall relieve either party of liability for fraudulent misrepresentations and neither party shall be entitled to any remedy for either any negligent or any innocent misrepresentation except to the extent (if any) that a court or arbitrator may allow reliance as the same as being fair and reasonable.

Software License addendum for International orders:

I. Legal differences between country of Licensee and Licensor (U.S.)

If the law of the country of the Licensee normally overrides any of the conditions of the software license, then the Licensee agrees to not challenge the software license agreement with respect to these differences (if it is legal to do so). If the Licensee can not legally accept the software license conditions because of local law, then the licensee must return the software to the Licensor and not use it. Reimbursement for returned software is at the discretion of the Licensor.

II. Destination Control Statement

"This software has been exported from the United States in accordance with the Export Administration Regulations (under the EAR99 category). Diversion contrary to U.S. law is prohibited. You may not re-export to Afghanistan, Cuba, Iraq, Iran, Libya and Sudan or any other country currently embargoed by the USA"

"The software may not be used for or by person or business involved in nuclear, chemical, biological weapons, and/or missile technology."

Note: The Embargoed countries list may change from time to time and may include other countries not listed here or may have some countries listed removed. In essence the product may not be re-exported to any currently embargoed country of the U.S.