END USER LICENSE AGREEMENT FOR DRG ONLINE CONTENT
IMPORTANT-READ CAREFULLY: This End-User License Agreement ("EULA") is a
legal agreement between you (either an individual person or a single legal
entity) and the Licensor for the DRG software technology that displays this
EULA, which includes any associated media and DRG Internet-related services
(the "Software"). For purposes of this EULA, the term "Licensor" refers to DRG
Corporation, except in the event that you acquired the Software as a component
of a DRG software product originally licensed from the manufacturer of your
computer system or computer system component, then "Licensor" refers to such
hardware manufacturer. An amendment or addendum to this EULA may accompany the
Software. YOU AGREE TO BE BOUND BY THE TERMS OF THIS EULA BY INSTALLING,
COPYING, OR USING THE SOFTWARE. IF YOU DO NOT AGREE, DO NOT INSTALL, COPY, OR
USE THE SOFTWARE; YOU MAY RETURN IT TO YOUR PLACE OF PURCHASE FOR A FULL
REFUND, IF APPLICABLE.
1. GRANT OF LICENSE. Provided you comply with all terms and conditions of
this EULA, this EULA grants you the following rights:
1.1 Installation and use. You may install and use a copy of the Software
in accordance with the end user license agreement that accompanied your
Software Product.
1.2 License Grant for Media Elements. The Software may include certain
photographs, clip art, shapes, animations, sounds, music and video clips that
are identified in the Software for your use (together "Media Elements"). You
may copy and modify the Media Elements, and license, display and distribute
them, along with your modifications as part of your software products and
services, including your web sites, but you are not licensed to do any of the
following:
You may not sell, license or distribute copies of
the Media Elements by themselves or as part of any collection, product or
service if the primary value of the product or service is in the Media
Elements.
You may not grant customers of your product or
service any rights to license or distribute the Media Elements.
You may not license or distribute any of the
Media Elements that include representations of identifiable individuals,
governments, logos, initials, emblems, trademarks, or entities for any
commercial purposes or to express or imply any endorsement or association with
any product, service, entity, or activity.
You may not create obscene or scandalous works,
as defined by federal law at the time the work is created, using the Media
Elements.
In addition, you must (a) indemnify and defend
DRG from and against any claims or lawsuits, including attorneys' fees that
arise from or result from the licensing, use or distribution of Media Elements
as modified by you, and (b) include a valid copyright notice on your products
and services that include the Media Elements.
1.3 License Grant for Templates. The Software may include document
templates. You may copy and modify the document templates available as part of
the Software and distribute such templates along with your modifications for
use by other licensees of a Software Product, but only for personal or
commercial correspondence involving person-to-person communication. You are not
licensed to do any of the following:
1.4 License Grant for Documentation. The documentation that accompanies
the Software is licensed for internal, non-commercial reference purposes only.
2. DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS. You may not use any DRG
Internet-based services associated with the Software in any manner that could
damage, disable, overburden, or impair such services or interfere with any
other party's use and enjoyment of them. You may not attempt to gain
unauthorized access to any service, account, computer systems or networks
associated with the Internet-based services.
3. RESERVATION OF RIGHTS AND OWNERSHIP. Licensor reserves all rights not
expressly granted to you in this EULA. The Software is protected by copyright
and other intellectual property laws and treaties. Licensor or its suppliers
own the title, copyright, and other intellectual property rights in the
Software. The Software is licensed, not sold. This EULA does not grant you any
rights to trademarks or service marks of Licensor.
4. LIMITATIONS ON REVERSE ENGINEERING, DECOMPILATION, AND DISASSEMBLY. You
may not reverse engineer, decompile, or disassemble the Software, except and
only to the extent that such activity is expressly permitted by applicable law
notwithstanding this limitation.
5. NO RENTAL/COMMERCIAL HOSTING. You may not rent, lease, lend or provide
commercial hosting services with the Software.
6. CONSENT TO USE OF DATA. You agree that Licensor and its affiliates may
collect and use technical information gathered as part of the product support
services provided to you, if any, related to the Software. Licensor may use
this information solely to improve our products or to provide customized
services or technologies to you and will not disclose this information in a
form that personally identifies you.
7. LINKS TO THIRD PARTY SITES. Licensor is not responsible for the
contents of any third-party sites or services, any links contained in
third-party sites or services, or any changes or updates to third-party sites
or services. Licensor is providing these links and access to third-party sites
and services to you only as a convenience, and the inclusion of any link or
access does not imply an endorsement by Licensor of the third-party site or
service.
8. ADDITIONAL SOFTWARE/SERVICES. This EULA applies to updates,
supplements, add-on components, or Internet-based services components, of the
Software that Licensor may provide to you or make available to you after the
date you obtain your initial copy of the Software, unless they are accompanied
by separate terms. Licensor reserves the right to discontinue Internet-based
services provided to you or made available to you through the use of the
Software.
9. EXPORT RESTRICTIONS. You acknowledge that the Software is subject to
U.S. export jurisdiction. You agree to comply with all applicable international
and national laws that apply to the Software, including the U.S. Export
Administration Regulations, as well as end-user, end-use, and destination
restrictions issued by U.S. and other governments.
10. TERMINATION. Without prejudice to any other rights, Licensor may
terminate this EULA if you fail to comply with the terms and conditions of this
EULA. In such event, you must destroy all copies of the Software and all of its
component parts.
11. LIMITED WARRANTY
NOTE: IF YOU LICENSED THE SOFTWARE FROM A HARDWARE MANUFACTURER AS A COMPONENT
OF A DRG SOFTWARE PRODUCT, PLEASE REFER TO THE LIMITED WARRANTIES, LIMITATION
OF LIABILITY, AND OTHER SPECIAL PROVISION APPENDICES PROVIDED WITH OR IN SUCH
OTHER DRG SOFTWARE PRODUCT. SUCH LIMITED WARRANTIES, LIMITATIONS OF LIABILITY
AND SPECIAL PROVISIONS ARE AN INTEGRAL PART OF THIS EULA AND SHALL SUPERSEDE
ALL OF THE WARRANTIES, LIMITATIONS OF LIABILITY AND OTHER SPECIAL PROVISIONS
SET FORTH BELOW.
FOR SOFTWARE LICENSED FROM DRG CORPORATION, THE FOLLOWING SECTIONS APPLY:
LIMITED WARRANTY FOR SOFTWARE ACQUIRED IN THE US AND CANADA. DRG warrants that
the SOFTWARE will perform substantially in accordance with the accompanying
materials for a period of ninety (90) days from the date of receipt.
If an implied warranty or condition is created by your state/jurisdiction and
federal or state/provincial law prohibits disclaimer of it, you also have an
implied warranty or condition, BUT ONLY AS TO DEFECTS DISCOVERED DURING THE
PERIOD OF THIS LIMITED WARRANTY (NINETY DAYS). AS TO ANY DEFECTS DISCOVERED
AFTER THE NINETY (90) DAY PERIOD, THERE IS NO WARRANTY OR CONDITION OF ANY
KIND. Some states/jurisdictions do not allow limitations on how long an implied
warranty or condition lasts, so the above limitation may not apply to you.
Any supplements or updates to the SOFTWARE, including without limitation, any
(if any) service packs or hot fixes provided to you after the expiration of the
ninety (90) day Limited Warranty period are not covered by any warranty or
condition, express, implied or statutory.
LIMITATION ON REMEDIES; NO CONSEQUENTIAL OR OTHER DAMAGES. Your exclusive remedy
for any breach of this Limited Warranty is as set forth below. Except for any
refund elected by DRG, YOU ARE NOT ENTITLED TO ANY DAMAGES, INCLUDING BUT NOT
LIMITED TO CONSEQUENTIAL DAMAGES, if the SOFTWARE does not meet DRG's Limited
Warranty, and, to the maximum extent allowed by applicable law, even if any
remedy fails of its essential purpose. The terms of Section 13 below
("Exclusion of Incidental, Consequential and Certain Other Damages") are also
incorporated into this Limited Warranty. Some states/jurisdictions do not allow
the exclusion or limitation of incidental or consequential damages, so the
above limitation or exclusion may not apply to you. This Limited Warranty gives
you specific legal rights. You may have others which vary from
state/jurisdiction to state/jurisdiction.
YOUR EXCLUSIVE REMEDY. DRG's and its suppliers' entire liability and your
exclusive remedy shall be, at DRG's option from time to time exercised subject
to applicable law, (a) return of the price paid (if any) for the Software, or
(b) repair or replacement of the Software, that does not meet this Limited
Warranty and that is returned to DRG with a copy of your receipt. You will
receive the remedy elected by DRG without charge, except that you are
responsible for any expenses you may incur (e.g. cost of shipping the Software
to DRG). This Limited Warranty is void if failure of the Software has resulted
from accident, abuse, misapplication, abnormal use or a virus. Any replacement
Software will be warranted for the remainder of the original warranty period or
thirty (30) days, whichever is longer. Outside the United States or Canada,
neither these remedies nor any product support services offered by DRG are
available without proof of purchase from an authorized international source. To
exercise your remedy, contact: DRG, 5520 Cherokee Ave/Alexandria, VA 22312.
12. DISCLAIMER OF WARRANTIES. THE LIMITED WARRANTY THAT APPEARS ABOVE IS
THE ONLY EXPRESS WARRANTY MADE TO YOU AND IS PROVIDED IN LIEU OF ANY OTHER
EXPRESS WARRANTIES (IF ANY) CREATED BY ANY DOCUMENTATION OR PACKAGING. EXCEPT
FOR THE LIMITED WARRANTY AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW,
DRG AND ITS SUPPLIERS PROVIDE THE SOFTWARE AND SUPPORT SERVICES (IF ANY) AS IS
AND WITH ALL FAULTS, AND HEREBY DISCLAIM ALL OTHER WARRANTIES AND CONDITIONS,
EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, ANY (IF
ANY) IMPLIED WARRANTIES, DUTIES OR CONDITIONS OF MERCHANTABILITY, OF FITNESS
FOR A PARTICULAR PURPOSE, OF ACCURACY OR COMPLETENESS OR RESPONSES, OF RESULTS,
OF WORKMANLIKE EFFORT, OF LACK OF VIRUSES AND OF LACK OF NEGLIGENCE, ALL WITH
REGARD TO THE SOFTWARE, AND THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT
SERVICES. ALSO, THERE IS NO WARRANTY OR CONDITION OF TITLE, QUIET ENJOYMENT,
QUIET POSSESSION, CORRESPONDENCE TO DESCRIPTION OR NON-INFRINGEMENT WITH REGARD
TO THE SOFTWARE.
13. EXCLUSION OF INCIDENTAL, CONSEQUENTIAL AND CERTAIN OTHER DAMAGES. TO
THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL DRG 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 SOFTWARE, 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 DRG OR ANY SUPPLIER, AND EVEN IF
DRG OR ANY SUPPLIER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
14. LIMITATION OF LIABILITY AND REMEDIES. NOTWITHSTANDING ANY DAMAGES
THAT YOU MIGHT INCUR FOR ANY REASON WHATSOEVER (INCLUDING, WITHOUT LIMITATION,
ALL DAMAGES REFERENCED ABOVE AND ALL DIRECT OR GENERAL DAMAGES), THE ENTIRE
LIABILITY OF DRG AND ANY OF ITS SUPPLIERS UNDER ANY PROVISION OF THIS EULA AND
YOUR EXCLUSIVE REMEDY FOR ALL OF THE FOREGOING (EXCEPT FOR ANY REMEDY OF REPAIR
OR REPLACEMENT ELECTED BY DRG WITH RESPECT TO ANY BREACH OF THE LIMITED
WARRANTY) SHAL BE LIMITED TO THE GREATER OF THE AMOUNT ACTUALLY PAID BY YOU FOR
THE SOFTWARE OR U.S. $5.00. THE FOREGOING LIMITATIONS, EXCLUSIONS AND
DISCLAIMERS (INCLUDING SECTIONS 11, 12, AND 13 ABOVE) SHALL APPLY TO THE
MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EVEN IF ANY REMEDY FAILS ITS
ESSENTIAL PURPOSE.
15. U.S. GOVERNMENT LICENSE RIGHTS. All Software provided to the U.S.
Government pursuant to solicitations issued on or after December 1, 1995 is
provided with the commercial license rights and restrictions described
elsewhere herein. All Software provided to the U.S. Government pursuant to
solicitations issued prior to December 1, 1995 is provided with "Restricted
Rights" as provided for in FAR, 48 CFR 52.227-14 (JUNE 1987) or DFAR, 48 CFR
252.227-7013 (OCT 1988), as applicable.
16. APPLICABLE LAW. If you acquired this Software in the United States,
this EULA is governed by the laws of the State of Delaware. If you acquired
this Software in the European Union, Iceland, Norway, or Switzerland, then
local law applies. If you acquired this Software in any other country, then
local law may apply.
17. ENTIRE AGREEMENT; SEVERABILITY. This EULA (including any addendum or
amendment to this EULA which is included with the Software) is the entire
agreement between you and DRG relating to the Software and the support services
(if any) and they supersede all prior or contemporaneous oral or written
communications, proposals and representations with respect to the Software or
any other subject matter covered by this EULA. To the extent the terms of any
DRG policies or programs for support services conflict with the terms of this
EULA, the terms of this EULA shall control. If any provision of this EULA is
held to be void, invalid, unenforceable or illegal, the other provisions shall
continue in full force and effect.