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PLEASE READ THIS DOCUMENT
CAREFULLY. BY INSTALLING THE SOFTWARE, YOU ARE AGREEING TO
BECOME BOUND BY THE TERMS OF THIS AGREEMENT. IF YOU DO NOT
AGREE TO THE TERMS OF THE AGREEMENT, PLEASE DO NOT INSTALL
THE SOFTWARE.
This End-User License
Agreement ("EULA") is a legal agreement between you (either
an individual or a single entity) and ByteBloc Software, LLC
(also known as ByteBloc Software, or ByteBloc). This EULA
states the terms and conditions upon which ByteBloc Software
offers to license the Software defined below together with
all related documentation and accompanying items including,
but not limited to, the executable programs, drivers,
libraries and data files associated with such programs,
collectively known as the "Software".
ByteBloc Software, LLC,
reserves itself the right to modify this EULA at any time
and without notice.
This EULA shall be governed by
the laws of the State of California. Any action or
proceeding brought by either party against the other arising
out of or related to this EULA shall be brought only in a
state or federal court of competent jurisdiction located in
San Diego County, California. The parties hereby consent to
the personal jurisdiction of such courts.
Definitions
"Software" and "Program" and
"Product" shall be taken as referring to any version of
EPSKED program files or EPSKED Print Utility program files
and to any and all copies, updates, modifications,
functionally-equivalent derivatives, or any parts or
portions thereof.
"You" or "User" or "End-User"
or "Scheduler" or "Schedule administrator" shall be taken as
referring to the individual using the Software.
"Entity" shall be taken as
referring to the organization or group associated with or
employing the User, and for which the User is utilizing the
Program to provide scheduling. The Entity shall also be
bound by the terms and conditions of this EULA as agreed to
by the User.
"EPSKED
Version" or "Version" shall be taken as referring to the
major and minor version numbers associated with a new EPSKED
release provided at additional cost to User. Major
and minor EPSKED Versions to
date are EPSKED 1.0, 2.0, 3.0, 4.0, 4.1, and 5.0.
"Legacy EPSKED Version" shall
be taken as referring to all major and minor Versions that
are lower in number than the currently distributed EPSKED
Version. Legacy Versions of EPSKED to date are 1.0, 2,0,
3.0. 4.0, and 4.1.
"Trial Date Password" or
"Password" shall be taken as referring to a series of
alphanumeric characters provided to User by ByteBloc
Software to allow access to schedule creation by Program for
a predetermined two-month period.
"Activation Code" shall be
taken as referring to a series of alphanumeric characters
provided to User by ByteBloc Software to allow access to
schedule creation by Program. Activation Code is intended to
allow use of Program by User on a single computer.
"Replacement Activation Code"
shall be taken as referring to an Activation Code supplied
to User by ByteBloc Software to replace a previously
provided Activation Code. Replacement
Activation Codes are issued for reasons that include but are
not limited to (1) a User upgrading from a Legacy EPSKED
Version to the current EPSKED Version, (2) a User's computer
system has changed in a way that requires resissuance of an
Activation Code, (3) a User changing the terms of their
Current Subscription, and/or (4) a User changing the
Expiration Date of their Current Subscription.
"Retired Activation Code"
shall be taken as referring to an Activation Code that has
been replaced by a Replacement Activation Code. Use of a
Retired Activation Code by User after receipt of Replacement
Activation Code is specifically prohibited by this EULA.
"Technical Support" shall be taken as referring to the
supplying by ByteBloc Software to the User of information
assisting with the User's use of Program, including but not
limited to assisting with installation and use of Program,
distribution of Program updates designed to provide
additional features and fix recognized defects in Program,
and distribution of Activation Codes required for use by
Registered User.
"Subscription" shall be taken
as referring to an agreement between User and ByteBloc
Software for Technical Support for a specified period of
time.
"Expiration Date" shall be
taken as referring to the latest date on which a
Subscription agreement is still valid. Subsequent to said
Expiration Date, the User is no longer entitled to Technical
Support except as otherwise noted in this agreement.
"Current Subscription" shall
be taken as referring to a Subscription prior to its
Expiration Date.
"Registered User" shall be taken as referring to a User who
has purchased a Subscription
and has been provided with an
Activation Code by ByteBloc Software.
Copyright
The Software and the
accompanying documentation is protected by the copyright law
of United States of America and by international treaty
provisions.
Disclaimers of Warranties
ByteBloc Software shall make
reasonable effort to ensure that the SOFTWARE is free of any
viruses and will function as described in any associated
literature, however, THIS SOFTWARE IS PROVIDED "AS IS" AND
WITH ALL FAULTS, WITHOUT WARRANTY OF ANY KIND, EITHER
EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE
IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A
PARTICULAR PURPOSE. THE ENTIRE RISK AS TO THE QUALITY AND
PERFORMANCE OF THE SOFTWARE IS WITH THE USER. SHOULD THE
SOFTWARE PROVE DEFECTIVE, YOU (NOT BYTEBLOC SOFTWARE) SHALL
ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR,
OR CORRECTION. ByteBloc Software does not warrant that the
functions contained in this Software will meet your
requirements or that the operation of this Software will be
uninterrupted or error-free.
ByteBloc Software warrants
that the Software will perform in substantial compliance
with the accompanying documentation. If User reports a
significant discrepancy in writing to ByteBloc within 90
days of the start of the User's initial Subscription and
ByteBloc is unable to correct the discrepancy within 90
days, User has the right under this EULA to discontinue use
of the Software, and ByteBloc shall refund User's entire
Subscription price.
Exclusion of Incidental,
Consequential and Certain Other Damages
IN NO
EVENT WILL BYTEBLOC SOFTWARE BE LIABLE TO YOU FOR ANY
DAMAGES, INCLUDING ANY LOST PROFITS, LOST SALES, INJURY TO
PERSON OR PROPERTY OR ANY OTHER INCIDENTAL OR CONSEQUENTIAL
DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE THIS
SOFTWARE EVEN IF BYTEBLOC SOFTWARE OR THEIR AUTHORIZED
REPRESENTATIVE(S) HAS BEEN ADVISED OF THE POSSIBILITY OF
SUCH DAMAGES, OR FOR ANY CLAIM BY ANY OTHER PARTY. ALSO,
THERE IS NO WARRANTY OR CONDITION OF TITLE, QUIET ENJOYMENT,
QUIET POSSESSION, CORRESPONDENCE TO DESCRIPTION OR
NON-INFRINGEMENT WITH REGARD
TO THE PRODUCT.
TO THE MAXIMUM EXTENT
PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL BYTEBLOC
SOFTWARE OR ITS SUPPLIERS BE LIABLE FOR ANY SPECIAL,
INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER
(INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS
OR CONFIDENTIAL OR OTHER INFORMATION, FOR BUSINESS
INTERRUPTION, FOR PERSONAL INJURY, FOR LOSS OF PRIVACY, FOR
FAILURE TO MEET ANY DUTY INCLUDING OF GOOD FAITH OR OF
REASONABLE CARE, FOR NEGLIGENCE, AND FOR ANY OTHER PECUNIARY
OR OTHER LOSS WHATSOEVER) ARISING OUT OF OR IN ANY WAY
RELATED TO THE USE OF OR INABILITY TO USE THE PRODUCT, THE
PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES, OR
OTHERWISE UNDER OR IN CONNECTION WITH ANY PROVISION OF THIS
EULA, EVEN IN THE EVENT OF THE FAULT, TORT (INCLUDING
NEGLIGENCE), STRICT LIABILITY, BREACH OF CONTRACT OR BREACH
OF WARRANTY OF BYTEBLOC MEDICAL SOFTWARE OR ANY SUPPLIER,
AND EVEN IF BYTEBLOC SOFTWARE OR ANY SUPPLIER HAS BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Limitation of Liability and
Remedies
Notwithstanding any damages
that USER may incur for any reason whatsoever (including,
without limitation, all damages referenced above and all
direct or general damages), the entire liability of ByteBloc
Software and any of its suppliers under any provision of
this EULA and User's exclusive remedy for all of the
foregoing shall be limited to the greater of the amount
actually paid by you for the Product or U.S.$5.00. The
foregoing limitations, exclusions, and disclaimers
(including Disclaimers of Warranties and Exclusion
of Incidental, Consequential and Certain Other Damages
above) shall apply to the maximum extent permitted by
applicable law, even if any remedy fails its essential
purpose.
By continuing with this
Software installation, you acknowledge that you have read
this EULA, understand it, and agree to be bound by its terms
and conditions. You further agree that this is the complete
and exclusive statement of the agreement between us, which
supersedes any proposal or prior agreement, oral or written,
and any other communications between us relating to the
subject matter of this agreement.
Permission for EPSKED
Installation
This EULA, when applied to
EPSKED Version 5.0, permits installation by the User of the
Program on as many computers as deemed necessary by the
User. At no cost or obligation, ByteBloc shall provide the
User with a Password. If the User purchases EPSKED and
becomes a Registered User, no reinstallation of Program is
necessary; ByteBloc shall provide an Activation Code that
will remove all trial date restrictions from the Program
installed by the Registered User on a single computer. In
the event that transfer of EPSKED to another computer
becomes necessary, ByteBloc Software shall retire the old
activation code and issue a Replacement activation code for
a different computer, provided that the Registered User
maintains a Current Subscription. The issuance of Activation
Code(s) beyond the one originally acquired through
Subscription by the Registered User will be done solely at
the discretion of ByteBloc, and will be done only in
conjunction with deactivation of an existing Activation
Code.
Technical Support and
Replacement Activation Codes are available to a Registered
User only while said User maintains a Current Subscription.
Limitation of Technical
Support for Legacy EPSKED Versions
This
EULA, applied to all EPSKED Versions separately and
collectively, warranties that ByteBloc Software shall
maintain limited availability of Technical Support for
Legacy EPSKED Versions. For purposes of Program maintenance
and assistance with installation and use of Program,
availability of said Technical Support shall be limited to a
period of one year after termination of sales of Legacy
EPSKED Version by ByteBloc Software. For purposes of
distribution of Activation Codes, availability of said
Technical Support shall be limited to a period of two years
after termination of new sales of Legacy EPSKED Program by
ByteBloc Software.
Additional information for Users who purchased EPSKED 5.0 prior to April 2008
DEFINITIONS
"Extended Maintenance Plan" or "EMP" shall be taken as referring to an agreement between User and ByteBloc Software for Technical Support for a specified period of time.
"EMP Expiration Date" shall be taken as referring to the latest date on which an EMP is still valid. Subsequent to said EMP Expiration Date, the User is no longer entitled to Technical Support except as otherwise noted in this agreement.
"Current EMP" shall be taken as referring to an EMP prior to its Expiration Date.
"Registered Owner" shall be taken as referring to a User who has purchased the Program and has been provided with an Activation Code by ByteBloc Software.
A Registered Owner who maintains a Current EMP is entitled to Technical Support.
A Registered Owner who does not maintain a Current EMP shall be entitled to a maximum of three (3) Replacement Activation Codes during a period of three (3) years subsequent to the original date of purchase of the Program. For Replacement Activation Codes provided by ByteBloc Software to a Registered Owner who does not maintain a Current EMP, Technical Support shall be limited to (a) provision of the Replacement Activation Code subject to the limitations stated earlier in this paragraph, and (b) general written instructions designed to assist with installation of said Replacement Activation Code on the computer of said Registered Owner. Technical Support beyond items (a) and (b) of this paragraph shall not be provided.
A Registered Owner who does not maintain a Current EMP will need to purchase a Current Subscription in order to receive Technical Support other than the limited Technical Support described in items (a) and (b) of the previous paragraph.
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2006 - 2010 ByteBloc Software, LLC 760.510.9900