MODRA JAGODA D.O.O.
SOFTWARE LICENSE AGREEMENT
PLEASE READ THIS SOFTWARE LICENSE AGREEMENT (“LICENSE”) CAREFULLY BEFORE USING THE MODRA JAGODA SOFTWARE. BY USING THE MODRA JAGODA SOFTWARE, YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THIS LICENSE. IF YOU DO NOT AGREE TO THE TERMS OF THIS LICENSE, DO NOT USE THE SOFTWARE.
- The Modra Jagoda and any third party software, documentation accompanying this License whether on disk, in read only memory, on any other media or in any other form (collectively the “Modra Jagoda Software”) are licensed, not sold, to you by Modra Jagoda d.o.o. (“Modra Jagoda”) for use only under the terms of this License. Modra Jagoda and/or Modra Jagoda’s licensors retain ownership of the Modra Jagoda Software itself and reserve all rights not expressly granted to you. The terms of this License will govern any software upgrades or updates provided by Modra Jagoda that replace and/or supplement the original Modra Jagoda Software product, unless such upgrade or update is accompanied by a separate license in which case the terms of that license will govern.
Permitted License Uses and Restrictions.
- Subject to the terms and conditions of this License, you are granted a limited non-exclusive license to install and use of the Modra Jagoda Software. The Modra Jagoda Software may be used to reproduce materials so long as such use is limited to reproduction of non- copyrighted materials, materials in which you own the copyright, or materials you are authorized or legally permitted to reproduce.
- You may not and you agree not to, or to enable others to, copy (except as expressly permitted by this License), decompile, reverse engineer, disassemble, attempt to derive the source code of, decrypt, modify, or create derivative works of the Modra Jagoda Software or any services provided by the Modra Jagoda Software, or any part thereof (except as and only to the extent any foregoing restriction is prohibited by applicable law). Any attempt to do so is a violation of the rights of Modra Jagoda and its licensors of the Modra Jagoda Software.
- Parts of this Modra Jagoda Software are intended for use only by medical professionals. You must be authorized to prescribe drugs in order to use these parts of the Modra Jagoda Software.
- You may not rent, lease, lend, sell, redistribute or sublicense the Modra Jagoda Software. You may, however, make a one-time permanent transfer of all of your license rights to the Modra Jagoda Software to another party, provided that: (a) the transfer must include all of the Modra Jagoda Software, including all its component parts, original media, printed materials and this License; (b) you do not retain any copies of the Modra Jagoda Software, full or partial, including copies stored on a computer or other storage device; and (c) the party receiving the Modra Jagoda Software reads and agrees to accept the terms and conditions of this License. All components of the Modra Jagoda Software are provided as part of a bundle and may not be separated from the bundle and distributed as standalone applications.
- If an Modra Jagoda Software update completely replaces (full install) a previously licensed version of the Modra Jagoda Software, you may not use both versions of the Modra Jagoda Software at the same time nor may you transfer them separately.
Consent to Use of Data.
- Diagnostic and Usage Data. You agree that Modra Jagoda and its subsidiaries and agents may collect, maintain, process and use diagnostic, technical, usage and related information, including but not limited to information about your computer, system and application software, and peripherals, that is gathered periodically to facilitate the provision of software updates, product support and other services to you (if any) related to the Modra Jagoda Software, and to verify compliance with the terms of this License. Modra Jagoda may use this information, as long as it is in a form that does not personally identify you, to provide and improve Modra Jagoda’s products and services. To enable Modra Jagoda’s partners and third party developers to improve their software, hardware and services designed for use with Modra Jagoda products, Modra Jagoda may also provide any such partner or third party developer with a subset of diagnostic information that is relevant to that partner’s or developer’s software, hardware and/or services, as long as the diagnostic information is in a form that does not personally identify you.
- This License is eﬀective until terminated. Your rights under this License will terminate automatically or otherwise cease to be eﬀective without notice from Modra Jagoda if you fail to comply with any term(s) of this License. Upon the termination of this License, you shall cease all use of the Modra Jagoda Software. Sections 3 through 8 of this License shall survive any such termination.
Disclaimer of Warranties.
- YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT, TO THE EXTENT PERMITTED BY APPLICABLE LAW, USE OF THE MODRA JAGODA SOFTWARE AND ANY SERVICES PERFORMED BY OR ACCESSED THROUGH THE MODRA JAGODA SOFTWARE IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU.
- TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE MODRA JAGODA SOFTWARE AND SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE”, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND MODRA JAGODA AND MODRA JAGODA’S LICENSORS (COLLECTIVELY REFERRED TO AS “MODRA JAGODA” FOR THE PURPOSES OF SECTIONS 6 AND 7) HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE MODRA JAGODA SOFTWARE AND SERVICES, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS.
- MODRA JAGODA DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE MODRA JAGODA SOFTWARE AND SERVICES, THAT THE FUNCTIONS CONTAINED IN, OR SERVICES PERFORMED OR PROVIDED BY, THE MODRA JAGODA SOFTWARE WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE MODRA JAGODA SOFTWARE OR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT ANY SERVICES WILL CONTINUE TO BE MADE AVAILABLE, THAT THE MODRA JAGODA SOFTWARE OR SERVICES WILL BE COMPATIBLE OR WORK WITH ANY THIRD PARTY SOFTWARE, APPLICATIONS OR THIRD PARTY SERVICES, OR THAT DEFECTS IN THE MODRA JAGODA SOFTWARE OR SERVICES WILL BE CORRECTED. INSTALLATION OF THIS SOFTWARE MAY AFFECT THE USABILITY OF THIRD PARTY SOFTWARE, APPLICATIONS OR THIRD PARTY SERVICES.
- YOU FURTHER ACKNOWLEDGE THAT THE MODRA JAGODA SOFTWARE AND SERVICES ARE NOT INTENDED OR SUITABLE FOR USE IN SITUATIONS OR ENVIRONMENTS WHERE THE FAILURE OR TIME DELAYS OF, OR ERRORS OR INACCURACIES IN THE CONTENT, DATA OR INFORMATION PROVIDED BY, THE MODRA JAGODA SOFTWARE OR SERVICES COULD LEAD TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE, INCLUDING WITHOUT LIMITATION THE OPERATION OF NUCLEAR FACILITIES, AIRCRAFT NAVIGATION OR COMMUNICATION SYSTEMS, AIR TRAFFIC CONTROL, LIFE SUPPORT OR WEAPONS SYSTEMS.
- NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY MODRA JAGODA OR AN MODRA JAGODA AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SHOULD THE MODRA JAGODA SOFTWARE OR SERVICES PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU.
- ALL THE DATA REGARDING DRUGS, ANATOMICAL THERAPEUTIC CHEMICAL (ATC) CLASSIFICATION SYSTEM AND THE INTERNATIONAL STATISTICAL CLASSIFICATION OF DISEASES AND RELATED HEALTH PROBLEMS (ICD) IN THIS APPLICATION HAS BEEN ACQUIRED FROM INDEPENDENT SOURCES. MODRA JAGODA DOES NOT OWN THIS DATA NOR DOES IT GUARANTEE THAT THIS DATA IS ACCURATE OR UP TO DATE.
Limitation of Liability.
- TO THE EXTENT NOT PROHIBITED BY APPLICABLE LAW, IN NO EVENT SHALL MODRA JAGODA BE LIABLE FOR PERSONAL INJURY, OR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA OR INFORMATION, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE MODRA JAGODA SOFTWARE OR SERVICES OR ANY THIRD PARTY SOFTWARE OR APPLICATIONS IN CONJUNCTION WITH THE MODRA JAGODA SOFTWARE OR SERVICES, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE) AND EVEN IF MODRA JAGODA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. In no event shall Modra Jagoda’s total liability to you for all damages (other than as may be required by applicable law in cases involving personal injury) exceed the amount of fifty euros (€50.00). The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.
- This License constitutes the entire agreement between you and Modra Jagoda relating to the Modra Jagoda Software and supersedes all prior or contemporaneous understandings regarding such subject matter. No amendment to or modification of this License will be binding unless in writing and signed by Modra Jagoda.