1.1 This agreement governs your use of the eMedic Editor
software product ("Software"). The Software is owned and
copyrighted by Iterum, LLC ("Iterum"). This license confers
no title or ownership in the Software and should not be construed
as a sale of any right in the Software.
1.2 Iterum reserves the right, in its discretion, to change
or modify all or any part of this Agreement at any time, effective
immediately upon notice published on eMedic.com. Your continued
use of the Software constitutes your binding acceptance of these
terms and conditions, including any changes or modifications made
by Iterum as permitted above. If at any time the terms and conditions
of this Agreement are no longer acceptable to you, you should immediately
cease all use of the Software.
1.3 Iterum grants you a license to use one copy of Software
on any one computer for as many licenses as you purchase. "Software"
means the executable computer program, the medical data, and all
related files that are distributed with the eMedic Editor computer
program. "You" means the company, entity, or individual
whose funds are used to pay the license fee. "Use" means
storing, loading, installing, executing, or displaying the Software.
You may not modify the Software. This license is not transferable
to any other company, entity, or individual.
2. Distribution of Data
2.1 You acknowledge that the Software includes medical
information comprised of algorithms, images, text, and other material
(collectively, the "Content") that are protected by copyright,
trademark or other proprietary rights of Iterum or third parties.
All Content within the Software is copyrighted as a collective work
of Iterum pursuant to applicable copyright law.
2.2 You may distribute the Content only if: (a) the Content
is supplied in a file that is generated using the Export command
in Software, (b) the receiver of the Content owns MobileEMS, PalmEMS
or eMedic and adheres to the license
agreement supplied with that software, and (c) the Content is
provided free of charge. Iterum continues to own copyright to the
The Software is protected by United States copyright law and
international treaty provisions. You acknowledge that no title to
the intellectual property in the Software is transferred to you.
You further acknowledge that title and full ownership rights to
the Software will remain the exclusive property of Iterum and you
will not acquire any rights to the Software except as expressly
set forth in this license.
5. Unauthorized Use
You may not use, copy, rent, lease, sell, modify, decompile,
disassemble, otherwise reverse engineer, or transfer the Software
except as provided in this agreement. Any such unauthorized use
shall result in immediate and automatic termination of this license.
6. Limited Warranty
THIS SOFTWARE IS PROVIDED ON AN "AS IS" BASIS. ITERUM
DISCLAIMS ALL WARRANTIES RELATING TO THIS SOFTWARE, WHETHER EXPRESSED
OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES
OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. NEITHER
ITERUM, LLC NOR ANYONE ELSE WHO HAS BEEN INVOLVED IN THE CREATION,
PRODUCTION, OR DELIVERY OF THIS SOFTWARE SHALL BE LIABLE FOR ANY
INDIRECT, CONSEQUENTIAL, OR INCIDENTAL DAMAGES ARISING OUT OF THE
USE OR INABILITY TO USE SUCH SOFTWARE, EVEN IF ITERUM, LLC HAS BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR CLAIMS. THE PERSON
USING THE SOFTWARE BEARS ALL RISK AS TO THE QUALITY AND PERFORMANCE
OF THE SOFTWARE.
SOME JURISDICTIONS DO NOT ALLOW LIMITATION OR EXCLUSION OF INCIDENTAL
OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSION
MAY NOT APPLY TO YOU TO THE EXTENT THAT LIABILITY IS BY LAW INCAPABLE
OF EXCLUSION OR RESTRICTION.
IN NO EVENT SHALL ANY THEORY OF LIABILITY EXCEED THE LICENSE
FEE PAID TO ITERUM, LLC.
In the event of invalidity of any provision of this license,
the parties agree that such invalidity shall not affect the validity
of the remaining portions of this license.
8. Governing Law
This agreement shall be governed by the laws of the state of
Utah, USA and shall inure to the benefit of Iterum, LLC and any
successors, administrators, heirs, and assigns. Any action or proceeding
brought by either party against the other arising out of or related
to this agreement shall be brought only in a court in Utah.
9. Entire Agreement
This is the entire agreement between you and Iterum which supersedes
any prior agreement or understanding, whether written or oral, relating
to the subject matter of this license.