If you do not agree to use the following Software according to the following License Agreement then you may not proceed and should return the Software for a refund of your purchase price. Proceeding to load this software will indicate your acceptance of the following License Agreement.
1. Software. The term "Software" includes the Software licensed to you (the customer) by us (Physio-Video, Inc.) under this Agreement. The Software is comprised of any computer programs enclosed, magnetic media containing the enclosed programs, supporting documentation, and updates which we may provide to you under this License Agreement. The Software also comprises any copy, partial copy, modification or portion of the Software merged into another program.
2. License. We grant you the non-exclusive right to use the Software on a single computer. You may make archival copies for the sole purpose of backing up the Software and protecting your investment from loss; you must reproduce and include any copyright notices on any copy of the Software. You may permit the Software to be used by different people or on different computers ONLY IF YOU ENSURE THAT THERE IS NO POSSILBITY THAT THE SOFTWARE WILL BE USED AT TWO LOCATIONS AT THE SAME TIME. You may transfer the Software to someone else only if he or she agrees to abide by the terms of this License Agreement and you retain no copy of the Software.
3. Limited Warranty. We do not warrant that the Software will meet your requirements. However, we warrant for a period of ninety (90) days from your date of purchase (as shown on a copy of your receipt) that the Software will perform substantially in accordance with our product description, documentation, and authorized advertising and that the physical magnetic media and documentation that is a part of the Software is free of defects in materials and workmanship. In the event of notification within this warranty period of a significant error in program, physical magnetic media, or documentation, we will at our option do one of the following:
* correct the defect within a reasonable period or
* replace the Software with a functional equivalent or
* provide or authorize a refund to you of the purchase price
The remedy for breach of the above warranty shall be limited to the above correction, replacement or refund.
IN NO EVENT SHALL WE, OR ANY DISTRIBUTOR, OR DEALER BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF PROFITS, LOSS OF TIME, OR INCONVENIENCE) WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY, OR ANY OTHER SUCH LEGAL THEORY EVEN IF WE, SUCH DISTRIBUTOR, OR SUCH DEALER WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Some states do not allow limitation of incidental or consequential damages, so the above limitations may not apply to you.
EXCEPT AS EXPRESSED IN THIS LIMITED WARRANTY, WE, OUR DEALERS, AND OUR DISTRIBUTORS DISCLAIM ALL OTHER EXPRESS OR IMPLIED WARRANTIES INCLUDING BUT NOT LIMITED TO ALL IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. Some states do not allow the limitation of implied warranties, so the above exclusion may not apply to you. This warranty gives you specific legal rights and you may also have other rights which may vary from state to state and country to country.
In order to obtain the benefits of this warranty, the Software must be returned to us at our offices at 57 Providence Highway, Norwood, Massachusetts 02062, U.S.A. or to our dealer or distributor.
4. Term. This License Agreement is effective until terminated. You may terminate it by destroying the Software and all copies, transferring possession of the Software or any copy, partial copy or adaptation of to another party, or failing to comply with any term or condition of this License Agreement. You agree upon such termination to destroy the Software and all portions and copies.
5. Governing Law. This License Agreement shall be interpreted according to Massachusetts law.
If you have questions concerning this Agreement, you may contact us by writing to Physio-Video, Inc., Customer Service Department, 57 Providence Highway, Norwood, Massachusetts 02062
YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, UNDERSTAND IT, AND AGREE TO BE BOUND BY THE TERMS AND CONDITIONS. YOU FURTHER AGREE THAT IT IS THE EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN US WHICH SUPERSEDES ANY PRIOR AGREEMENT, ORAL OR WRITTEN, AND ANY OTHER COMMUNICATIONS RELATING TO THE SUBJECT MATTER OF THIS AGREEMENT.
