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The following is the End-User License Agreement that applies to the Simulated Registry Exam software you can purchase on this website.
End-User License Agreement
Simulated Registry Exams End-User License Agreement
IMPORTANT - READ THIS CAREFULLY: This "Simulated Registry Exams" End-User License (EULA) is a legal agreement between you (either an individual or a single entity) and Health & Allied Science Publishers ("HEALS") for the "Simulated Registry Exams" which includes computer software, "online" or electronic documentation, printed documentation, and license files or hardware keys (collectively referred to as the SOFTWARE) and the data generated by the SOFTWARE, including the question and answers constituting the exams stored in the software (generated data is collectively referred to as the OUTPUT). The SOFTWARE also includes any updates and supplements to the original SOFTWARE that are provided to you by HEALS. You may receive the SOFTWARE on physical media ("MEDIA"), such as CD-ROMs, or via download over the Internet.
By installing, copying, accessing, or using the SOFTWARE or its OUTPUT you agree to be bound by the terms of this EULA. If you do not agree to the terms of this EULA, then DO NOT install or use the SOFTWARE.
THIS SOFTWARE IS NOT FOR SALE. The SOFTWARE is licensed to you as the end user, it is not sold.
SOFTWARE LICENSE.
- Health & Allied Science Publishers ("HEALS") and/or its licensors owns all copyright, trade secret, trademark, patent, and any other intellectual property or proprietary rights in and to the SOFTWARE. HEALS grants you a personal, non-exclusive, non-transferable license to use a single copy of the SOFTWARE on a single hard drive provided this copyright is not violated and provided the terms and conditions of the EULA are accepted and observed.
- If you agree to all of the terms and conditions outlined in this document, a license to use the SOFTWARE on a single computer is granted to you.
OTHER RIGHTS AND LIMITATIONS.
- You may not rent, lease, or sublicense the SOFTWARE to others. You may not rent, lease, or resell the OUTPUT, or use the OUTPUT for any purpose other than for your personal use. For example, you may not print the exam questions and use these in a classroom. Instead, you must purchase a site license and use the Classroom Mode features.
- You may not make or otherwise distribute copies of the SOFTWARE, except for backup purposes.
- You may not make changes, modify, or prepare derivative works of the SOFTWARE.
- You may not decompile, disassemble, or otherwise reverse engineer the SOFTWARE.
- You may not transmit any portion of the SOFTWARE over a network, by telephone, or electronically by any means except as necessary to install your licensed copy of the SOFTWARE.
WARRANTY DISCLAIMER AND INDEMNIFICATION DISCLAIMER.
THIS SOFTWARE AND MEDIA IS PROVIDED "AS-IS", WITHOUT WARRANTY OF ANY KIND. ANY USE OF THE SOFTWARE AND OUTPUT IS AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, HEALS AND/OR ITS LICENSORS DISCLAIM ALL WARRANTIES AND CONDITIONS, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT WITH RESPECT TO THE SOFTWARE, ITS OUTPUT, AND MEDIA.
HEALS DOES NOT WARRANT THAT THE OUTPUT PRODUCED BY THE SOFTWARE IS FIT FOR ANY PARTICULAR PURPOSE. IN NO EVENT SHALL HEALS AND/OR ITS LICENSORS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR ANY OTHER PECUNIARY LOSS) ARISING OUT OF POSSIBLE INABILITY TO USE THE SOFTWARE.
HEALS AND/OR ITS LICENSORS will not indemnify you and will have no liability for any claim, action, or suit of patent, trade secret, or copyright infringement based on your customization of the SOFTWARE (e.g., integrating with other applications). You acknowledge that you are solely responsible for determining whether your use infringes on a third party's rights.
LIMITATION OF LIABILITY.
IN NO EVENT SHALL HEALS AND/OR ITS LICENSORS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES (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 OR INABILITY TO USE THE SOFTWARE, ITS OUTPUT, OR THE MEDIA EVEN IF HEALS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY OTHER PARTY. IN NO EVENT SHALL THE LIABILITY OF HEALS EXCEED THE GREATER OF THE LICENSING FEES PAID BY YOU FOR THE SOFTWARE OR TWENTY (20) UNITED STATES DOLLARS.
NOT FOR USE IN HIGH RISK ENVIRONMENTS.
U.S. GOVERNMENT RESTRICTED RIGHTS.
If you are the United States Government or any agency or instrumentality thereof, the SOFTWARE is provided with RESTRICTED RIGHTS. Use, duplication, or disclosure by the U.S. Government is subject to restrictions set forth in FAR sections 52-227-14 and 52-227-19, DFARS sections 252.227-7013(c)(1)(ii), or subparagraphs (c)(1) and (c)(2) of the Commercial Computer Software Restricted Rights at 48 CFR 52.227-19, as applicable. Manufacturer is HEALS and/or its licensors.
EXPORT LAW
You agree not to export the SOFTWARE, its OUTPUT, or underlying information or technology, either directly or indirectly, to any foreign country except when such export is authorized by, and in full compliance with, the laws and regulations of the United States of America.
TERMINATION
This EULA is effective until terminated. You may terminate it at any time by destroying the SOFTWARE and MEDIA and erasing any copies residing on computer equipment. This EULA will also terminate if you do not comply with any terms and conditions of this EULA. Upon such termination you agree to destroy any and all copies of the SOFTWARE and MEDIA and erase all copies residing on computer equipment.
HEALS reserves the right to terminate this EULA if it deems, at its sole discretion, that you are unruly, grouchy, or otherwise unreasonable in your communications with HEALS or other communications that pertain or relate to the SOFTWARE or its OUTPUT.
GENERAL
This agreement shall be governed by, construed, and interpreted in accordance with the laws of the state of Vermont, U.S.A., excluding its conflict of law provisions and excluding the United Nations Convention on Contracts for the International Sale of Goods. It constitutes the entire agreement of you and HEALS and/or its licensors concerning this matter, and supersedes all discussions, proposals, bids, invitations, orders, and other communications, oral or written, on this subject. These Terms and Conditions may not be waived, amended, or modified in any way except through a written agreement signed by HEALS. If any one or more provisions of this Agreement are found to be illegal or unenforceable, the remaining provisions will be enforced to the maximum extent possible.
Health & Allied Science Publishers is a Vermont entity with its mailing address at 1684 McKinley Ave, Rutland, Vermont 05701.