Licence
The RecallPlus program is part of a suite of programs called the NextGenerationSuite. The following document refers to RecallPlus as part of this suite.
The Full NextGenerationSuite Program is to be understood to include subprograms. These subprograms include the RECALLPLUS Program, the Computer Assisted Triage Program and the NextMR Program.
A. THIS LICENCE SET OUT THE TERMS AND CONDITIONS ON WHICH EVOLUTIONCODE PTY LTD MAKES AVAILABLE THE NEXTGENERATIONSUITE PROGRAM, CONSISTING OF THE RECALLPLUS PROGRAM, THE NEXTGENERATIONSUITE SETUP PROGRAM,AND IF ACTIVATED IN YOUR RELEASE, THE THE WILLIE WONKA TEST PATIENT FILE, THE COMPUTER ASSISTED TRIAGE PROGRAM AND THE NEXTMR . EVOLUTIONCODE PTY LTD RESERVES THE RIGHT TO AMEND THIS LICENCE, INCLUDING THE PRIVACY POLICY AND THE DISCLAIMER, AT ANY TIME BY EITHER POSTING THE AMENDED TERMS AT THE WEBSITE OR BY NOTIFYING YOU ON THE EMAIL ADDRESS YOU HAVE PROVIDED. NO OTHER AMENDMENTS MAY BE MADE TO THE LICENCE.
AUTHORISED USE OF THE NEXTGENERATIONSUITE
The NEXTMR Program, the Computer Assisted Triage Program the NextGenerationSuite Setup program, the Willie Wonka test patient file, the RECALLPLUS Program and data files, (the ôNextGenerationSuiteö) and their respective contents, including site design, text, graphics, icons, interfaces and the selection and format, are subject to copyright under the laws of Australia and, through international treaties, other countries. All copyright is owned by EvolutionCode Pty Ltd and may only be used as described herein.
Except as provided by law, you are not permitted to de-compile, reverse engineer, disassemble the NextGenerationSuite or Data Files. You may not use any network monitoring software to analyse the software or any manual means to copy the software. You acknowledge that unauthorised use of the NEXTGENERATIONSUITE is expressly prohibited by law and may result in civil and criminal penalties.
You acknowledge that you do not acquire any ownership rights in the programs or data files by downloading or printing out a hard copy thereof.
You are authorised to use the NextGenerationSuite program only for your own personal and internal business purposes. Permission is granted to electronically copy or to print out hard copies or portions thereof solely for your own personal or business purposes provided you include the following relevant copyright notice on any such copy or part thereof:
⌐ NextGenerationSuite program 2000-2002. EvolutionCode Pty Ltd. All rights reserved.
⌐ NextMR 2000-2002. EvolutionCode Pty Ltd. All rights reserved.
⌐ NextGenerationSuite Setup program 2000-2002. EvolutionCode Pty Ltd. All rights reserved.
⌐ RECALLPLUS . 2000 - 2002. EvolutionCode Pty Ltd. All rights reserved.
EvolutionCode Pty Ltd acknowledges the acquision of no ownership rights in the patient medical information stored in encrypted form in the NEXTMR program.
B. Currently, use of the RECALLPLUS program (but not data) is free for the Evaluation Period. You are authorised to use the RECALLPLUS program and data files only for your own personal and internal business purposes. Permission is granted to electronically copy or to print out hard copies or portions thereof solely for your own personal or internal business purposes provided you include the following copyright notice on any such copy or part thereof:
⌐ RECALLPLUS . 2000 - 2002. EvolutionCode Pty Ltd. All rights reserved.
C. Except as provided by law, you are not permitted to de-compile, reverse engineer, disassemble the RECALLPLUS program or Data files. You may not use any network monitoring software to analyse the software or any manual means to copy the software. You acknowledge that unauthorised use of the RECALLPLUS program and data files is expressly prohibited by law and may result in civil and criminal penalties. You further acknowledge that you do not acquire any ownership rights in the RECALLPLUS program and data files by downloaded or printing out hard copies thereof.
D. If you violate the terms of your Licence, your Licence automatically terminates and you must immediately destroy any copies you have made of any portion of the RECALLPLUS program and data files / the NextGenerationSuite.
DISCLAIMER
Your Licence to use the NextGenerationSuite is subject to the terms set out in the Disclaimer. Please click onto this link below and read the terms carefully.
LIMITATION OF LIABILITY
You acknowledge that EvolutionCode Pty Ltd shall not be liable for any claim, injury, loss or damage of any kind (whether direct, indirect, special, incidental or consequential damages, personal injury, wrongful death, lost profits or damages resulting from lost data or business disruption) arising from your use of the NEXTGENERATIONSUITE or its content. Where the exclusion of liability is prohibited by federal or state law, EvolutionCode Pty LtdÆs liability is limited to the maximum extent permissible by law , with the choice of your remedy being at EvolutionCode Pty LtdÆs sole discretion.
You are solely responsible for:
- ensuring that any downloaded version of NEXTGENERATIONSUITE does not contain any viruses;
- only making the NEXTGENERATIONSUITE available to third parties upon the same terms and conditions as you are subject to; and
- any loss or damage (including consequential loss or damage) howsoever arising or caused, whether through negligence or otherwise, that results
from your use of the downloaded program(s).
INDEMNIFICATION
You waive, release, and relinquish any and all claims that you may have against
EvolutionCode Pty Ltd that arise from, or are related to, the use of the NextGenerationSuite.
You agree to indemnify EvolutionCode Pty Ltd from and against any and all demands, actions, liabilities and claims, including those made by a third party (including claims for losses, expenses and costs, including legal costs and expenses) arising from your use of the NEXTGENERATIONSUITE or the contents thereof or from your breach of this Licence.
PRIVACY
Your use of the NEXTGENERATIONSUITE is subject to the terms set out in the PRIVACY POLICY. Please click on this link and read the terms carefully. If you have any concerns, you may email them to the Website.
APPLICABLE LAW
This Licence is to be construed in accordance with, and subject to the laws of Victoria, Australia. By subscribing to NextGenerationSuite, you submit to the jurisdiction of the courts of Victoria in relation to any dispute relating to the software. Any failure by EvolutionCode Pty Ltd to act in response to a breach of the Licence does not waive his right to later pursue this breach.
THIRD PARTY LINKS
You have been provided with links to several third party sites. Such links are provided as a convenience and do not represent or imply EvolutionCode Pty LtdÆs endorsement or approval of these sites. You acknowledge that EvolutionCode Pty Ltd is not responsible for the contents of these sites.
NOTICES
All notices to you shall be sent either to your e-mail address provided by you or by posting the notice on the website.
COMPLETE AGREEMENT
The Licence constitutes the entire agreement between you and EvolutionCode Pty Ltd in relation to your use the NextGenerationSuite.
SURVIVAL OF TERMS
The following terms shall survive termination of your Licence:
Disclaimer
Liability
Indemnity
Applicable law
Complete Agreement
EVOLUTIONCODE PTY LTD APPRECIATES THE TIME YOU HAVE TAKEN TO CAREFULLY READ THROUGH THE TERMS OF YOUR LICENCE. YOU WILL HOPEFULLY UNDERSTAND THAT IT IS IN EVERYONEÆS INTEREST FOR THE LICENCE TO ADDRESS IN DETAIL THE CONTRACTUAL RELATIONSHIP BETWEEN YOU AND EVOLUTIONCODE PTY LTD. IT IS IMPORTANT FOR YOU TO CLEARLY UNDERSTAND HOW YOU MAY USE RECALLPLUS / THE NEXTGENERATIONSUITE. IF YOU HAVE ANY RECALLPLUSIONS, PLEASE CONTACT EVOLUTIONCODE PTY LTD BY EMAIL VIA THE WEBSITE.
Legal Notices You Must Be Aware Of
Licence
Disclaimer
Registration and Privacy Policy
RecallPlus Website
EvolutionCode Website (The company that produces this software)