End User License Agreement
HL7 Soup EULA:
This License agreement (the "AGREEMENT") is made between Popokey, Ltd. ("POPOKEY"), with its principal place of business in Auckland, New Zealand, and the individual installing the software ("LICENSEE"), and is effective at the date the installation is completed (the "EFFECTIVE DATE"). POPOKEY is the owner of certain right, title and interest in the computer program entitled HL7 Soup and related documentation (the "SOFTWARE PRODUCT"). LICENSEE wishes to obtain and POPOKEY agrees to grant a non-exclusive license to use the SOFTWARE PRODUCT under the terms of the AGREEMENT. POPOKEY and LICENSEE in consideration of the above agree as follows:
1. POPOKEY hereby grants to LICENSEE nonexclusive rights to use the SOFTWARE PRODUCT from the Effective Date without any rights whatsoever to redistribute the SOFTWARE PRODUCT, under the terms and conditions of the AGREEMENT. POPOKEY retains all ownership rights in the SOFTWARE PRODUCT, including patent rights, copyrights and licensing rights. No rights, express or implied, for use other than specified in this AGREEMENT are transferred.
2. LICENSEE agrees to restrict the use of the SOFTWARE PRODUCT to him or herself. LICENSEE agrees to save the registration key in a secure place and not to distribute the registration key. If the registration key provided to the LICENSEE is discovered in a public place, LICENSEE agrees that the registration key will be disabled and LICENSEE may be held legally responsible. If LICENSEE loses registration key, LICENSEE recognizes that POPOKEY is under no obligation to provide the lost registration key or a new registration key. LICENSEE further agrees only to use a registration key explicitly granted to him/her and supplied by POPOKEY.
3. LICENSEE agrees not to reverse engineer, decompile, disassemble or distribute the SOFTWARE PRODUCT, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation.
4. LICENSEE agrees that he or she must obtain a license for each computer he or she installs the SOFTWARE PRODUCT on. Therefore, a license is needed for each terminal computer on a network, including remote terminal computers.
5. The LICENSEE may install a second copy of the SOFTWARE PRODUCT for his or her exclusive use on either a portable computer or a computer located at his or her home, provided that the SOFTWARE PRODUCT on the portable or home computer is not used at the same time as the SOFTWARE PRODUCT on the primary computer.
6. The LICENSEE may install a second copy of the SOFTWARE for his or her exclusive use on a virtual PC on the same host computer on which the SOFTWARE PRODUCT is installed.
7. If the SOFTWARE PRODUCT is for personal usage and not installed on corporate computers, the LICENSEE can install up to 5 computers for his or her exclusive use only. If the SOFTWARE PRODUCT is for personal usage and not installed on corporate computers, and if HL7 Soup is installed as the FREE version, the SOFTWARE PRODUCT can be installed without licenses for a trial period of 30 days.
8. If this SOFTWARE PRODUCT is installed on a portable drive such as a USB drive, the portable drive is equivalent to one computer as described in Section 4, 5, 6, and 7.
9. POPOKEY EXPRESSLY DISCLAIMS ANY WARRANTY FOR THE SOFTWARE PRODUCT. THE SOFTWARE PRODUCT AND ANY RELATED DOCUMENTATION IS PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. THE ENTIRE RISK ARISING OUT OF USE OR PERFORMANCE OF THE SOFTWARE PRODUCT REMAINS WITH THE LICENSEE.
10. IN NO EVENT SHALL POPOKEY, ITS TRUSTEES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, ASSOCIATES OR ITS SUPPLIERS BE LIABLE FOR ANY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR ANY OTHER PECUNIARY LOSS ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE PRODUCT, EVEN IF POPOKEY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
11. This AGREEMENT shall be construed, governed, interpreted and applied in accordance with the laws of New Zealand.
12. Where a Software Maintenance plan is purchased with the SOFTWARE PRODUCT, the term of the AGREEMENT is one year (the "Term"). Any upgrade or patch created for the SOFTWARE PRODUCT that is released during the Term will be available to the LICENSEE without any additional charge. At the end of the Term, the LICENSEE may continue to use any version of the SOFTWARE PRODUCT released during the Term.
13. The SOFTWARE PRODUCT will be able to send its license to the Popokey servers for verification via the internet. An invalid or expired license may prevent the usage of the PRODUCT in part or in full.
14. The parties agree that this AGREEMENT is the entire AGREEMENT, and shall not be subject to any change or modification except in writing by both parties.