END-USER LICENSE AGREEMENT FOR GYNECOLOGIC MANAGEMENT

IMPORTANT-READ CAREFULLY: This End-User License Agreement ("EULA") is a legal agreement between you (either an individual or a single entity) and Dr. Shashank V. Parulekar (AUTHOR) about the SOFTWARE PRODUCT. The SOFTWARE PRODUCT includes computer software, and may include associated media, printed materials, and "online" or electronic documentation. Any software provided along with the SOFTWARE PRODUCT that is associated with a separate end-user license agreement is licensed to you under the terms of that license agreement. By installing, copying, downloading, accessing or otherwise using the SOFTWARE PRODUCT, you agree to be bound by the terms of this EULA. If you do not agree to the terms of this EULA, AUTHOR is unwilling to license the SOFTWARE PRODUCT to you. In such event, you may not use or copy the SOFTWARE PRODUCT, and you should promptly contact the SOFTWARE VENDOR for instructions on return of the unused product(s) for a refund.

SOFTWARE PRODUCT LICENSE
The SOFTWARE PRODUCT is protected by Indian and international copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. The SOFTWARE PRODUCT is licensed, not sold. The term "COMPUTER" as used herein shall mean the HARDWARE, if the HARDWARE is a single computer system, or shall mean the computer system with which the HARDWARE operates, if the HARDWARE is a computer system component.

1. GRANT OF LICENSE: This EULA grants you the following rights:

a. Software Installation and Use: You may only install and use one copy of the SOFTWARE PRODUCT on the COMPUTER.

b. Storage/Network Use: The SOFTWARE PRODUCT may not be installed, accessed, displayed, run, shared or used concurrently on or from different computers, including a workstation, terminal or other digital electronic device ("Devices"). Notwithstanding the foregoing and except as otherwise provided below, any number of Devices, may access or otherwise utilize the file and print services and peer web services of the SOFTWARE PRODUCT, if included.

c. Back-up Copy: If Manufacturer has not included a back-up copy of the SOFTWARE PRODUCT, you may make a single back-up copy of the SOFTWARE PRODUCT. You may use the back-up copy solely for archival purposes. Except as expressly provided in this EULA, you may not otherwise make copies of the SOFTWARE PRODUCT, including the printed materials accompanying the SOFTWARE.

2. DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS.

a. Limitations on Reverse Engineering, Decompilation and Disassembly: You may not reverse engineer, decompile, or disassemble the SOFTWARE PRODUCT.

b. Separation of Components: The SOFTWARE PRODUCT is licensed as a single product. Its component parts may not be separated for use on more than one computer.

c. Single COMPUTER: The SOFTWARE PRODUCT is licensed as a single integrated product. The SOFTWARE PRODUCT may only be used with one HARDWARE as set forth in this EULA.

d. Single EULA: The package for the SOFTWARE PRODUCT may contain multiple versions of this EULA, such as multiple translations and/or multiple media versions (e.g., in the user documentation and in the software). In this case, you are only licensed to use one (1) copy of the SOFTWARE PRODUCT.

e. Rental: You may not rent, lease or lend the SOFTWARE PRODUCT.

f. Software Product Transfer. You may permanently transfer all of your rights under this EULA only as part of a permanent sale or transfer, provided you retain no copies, you transfer all of the SOFTWARE PRODUCT (including all component parts, the media and printed materials, any upgrades, this EULA and, if applicable, the Certificate(s) of Authenticity), and the recipient agrees to the terms of this EULA. If the SOFTWARE PRODUCT is an upgrade, any transfer must also include all prior versions of the SOFTWARE PRODUCT.

g. Termination: Without prejudice to any other rights, Manufacturer may terminate this EULA if you fail to comply with the terms and conditions of this EULA. In such event, you must destroy all copies of the SOFTWARE PRODUCT and all of its component parts.

h. Trademarks: This EULA does not grant you any rights in connection with any trademarks or service marks of Manufacturer.

3. UPGRADES. If the SOFTWARE PRODUCT is labeled as an upgrade, you must be properly licensed to use a product identified by Manufacturer as being eligible for the upgrade in order to use the SOFTWARE PRODUCT ("Eligible Product"). A SOFTWARE PRODUCT labeled as an upgrade replaces and/or supplements the Eligible Product. You may use the resulting upgraded product only in accordance with the terms of this EULA and only with one HARDWARE. If the SOFTWARE PRODUCT is an upgrade of a component of a package of software programs that you licensed as a single product, the SOFTWARE PRODUCT may be used and transferred only as part of that single product package and may not be separated for use on more than one computer.

4. COPYRIGHT: All title and intellectual property rights in and to the SOFTWARE PRODUCT (including but not limited to any images, photographs, animations, video, audio, music, and text incorporated into the SOFTWARE PRODUCT), the accompanying printed materials, and any copies of the SOFTWARE PRODUCT, are owned by AUTHOR You may not copy the printed materials accompanying the SOFTWARE PRODUCT. All title and intellectual property rights in and to the content which may be accessed through use of the SOFTWARE PRODUCT is the property of the respective content owner and may be protected by applicable copyright or other intellectual property laws and treaties. This EULA grants you no rights to use such content. All rights not expressly granted under this EULA are reserved by AUTHOR.

5. DUAL-MEDIA SOFTWARE PRODUCT: You may receive the SOFTWARE PRODUCT in more than one medium. Regardless of the type or size of medium you receive, you may use only one medium that is appropriate for the COMPUTER. You may not use or install the other medium on another computer. You may not loan, rent, lease, lend or otherwise transfer the other medium to another user, except as part of the permanent transfer (as provided above) of the SOFTWARE PRODUCT.

6. EXPORT RESTRICTIONS: If this EULA is not labeled and the SOFTWARE PRODUCT is not identified as "India Only Version" above, on the Product Identification Card, or on the SOFTWARE PRODUCT packaging or other written materials, then the following terms apply: You agree that you will not export or re-export the SOFTWARE PRODUCT to any country, person, or entity subject to Indian export restrictions. You specifically agree not to export or re-export the SOFTWARE PRODUCT: (i) to any country to which India has embargoed or restricted the export of goods or services, or to any national of any such country, wherever located, who intends to transmit or transport the SOFTWARE PRODUCT back to such country. 

EXPRESS LIMITED WARRANTY

LIMITED EXPRESS WARRANTY. AUTHOR warrants that the SOFTWARE will perform substantially in accordance with the accompanying Product Manual(s) for a period of 90 days from the date of receipt.

CUSTOMER REMEDIES: To the maximum extent permitted under applicable law, Manufacturer's and its supplier's entire liability and your exclusive remedy under the express warranty is, at AUTHOR's option, either (a) return of the price paid; or (b) repair or replacement of the SOFTWARE PRODUCT which does not meet the warranty and which is returned to Manufacturer with a copy of your receipt. The warranty is void if failure of the SOFTWARE has resulted from accident, abuse or misapplication. Any replacement SOFTWARE  will be warranted for the remainder of the original warranty period or 30 days, whichever is longer.

LIMITATION OF LIABILITY. To the maximum extent permitted by applicable law, any conditions or warranties imposed or implied by law are hereby excluded. Consumers may nevertheless have the benefit of certain rights or remedies pursuant to the Trade Practices Act and similar state and territory laws in Australia or the Consumer Guarantees Act in New Zealand, in respect of which liability may not be excluded. Insofar as such liability may not be excluded, then to the maximum extent permitted by law, such liability is limited, at the exclusive option of Manufacturer, to either (a) replacement of the SOFTWARE PRODUCT; or (b) correction of defects in the SOFTWARE; or (c) payment of the cost of having defects in the SOFTWARE PRODUCT.

EXCLUSION OF LIABILITY/DAMAGES.  The following is without prejudice to any rights you may have at law which cannot legally be excluded or restricted.  You acknowledge that no promise, representation, warranty or undertaking has been made or given by AUTHOR to any person or company on his behalf in relation to the profitability of or any other consequences or benefits to be obtained from the delivery or use of the SOFTWARE PRODUCT. You have relied upon your own skill and judgement in deciding to acquire the SOFTWARE PRODUCT. Except as and to the extent provided in this agreement, AUTHOR or related company of either) will in any circumstances be liable for any other damages whatsoever (including, without limitation, damages for loss of business, business interruption, loss of business information or other indirect or consequential loss) arising out of the use or inability to use or supply or non-supply of the SOFTWARE PRODUCT. Every effort has been made to ensure that the information contained herein is accurate and in accord with the standards accepted at the time of preparation of the SOFTWARE. However as new research and experience broaden our knowledge changes in treatment and therapy occur. Therefore you are advised to check standard references and product information sheet included in the package of each drug you plan to use to be certain that changes have not been made in the recommended dose or in the contraindications. This is of particular importance in regard to new or infrequently used drugs. This SOFTWARE product is meant only as and guideline, and is  not by any means meant to advise management decisions. AUTHOR's total liability under any provision of this agreement is in any case limited to the amount actually paid by you for the SOFTWARE PRODUCT.

This agreement is governed by the laws of India or, where supplies are made.

WARRANTY AND SPECIAL PROVISIONS FOR ENGLAND, SCOTLAND, WALES AND IRELAND

LIMITED WARRANTY

LIMITED WARRANTY:  AUTHOR warrants that the SOFTWARE will perform substantially in accordance with the accompanying written materials for a period of ninety (90) days from the date of receipt.

CUSTOMER REMEDIES.  AUTHOR's and its suppliers' entire liability and your exclusive remedy shall be, at AUTHOR's option, either (a) return of the price paid, or (b) repair or replacement of the SOFTWARE or hardware that does not meet this Limited Warranty and which is returned to Manufacturer with a copy of your receipt.  This Limited Warranty is void if failure of the SOFTWARE or hardware has resulted from accident, abuse, or misapplication.  Any replacement SOFTWARE or hardware will be warranted for the remainder of the original warranty period or thirty (30) days, whichever is longer.

NO OTHER WARRANTIES.  To the maximum extent permitted by applicable law, Manufacturer and its suppliers disclaim all other representations, warranties, conditions or other terms, either express or implied, including, but not limited to implied warranties amd/or conditions of merchantability and fitness for a particular purpose, with regard to the SOFTWAREPRODUCT. This limited warranty gives you specific legal rights.  You may have others which vary from state/jurisdiction to state/jurisdiction.

NO LIABILITY FOR CONSEQUENTIAL DAMAGES.  To the maximum extent permitted by applicable law, in no event shall Manufacturer or its suppliers be liable for any damages whatsoever (including without limitation, direct or indirect damages for personal injury, 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 this product, even if Manufacturer has been advised of the possibility of such damages.  In any case, Manufacturer's and its suppliers' entire liability under any provision of this agreement shall be limited to the amount actually paid by you for the SOFTWARE.  Because some states/jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you.
