Aurora and a group of which you are a member (the "Licensed Group") have entered into an agreement according to which, Aurora grants to you, a personal, non-exclusive and non-transferable right to Use, subject to your acceptance of the terms of this Agreement, the mScope Education suite and any related services (the "Licensed Products"), for education purposes only, including conventions and meetings of the Licensed Group. It is understood that this license does not permit the use of the Licensed Products for clinical purposes or in the course of your provision of chargeable or for-fee acts or services. In the context of this Agreement, "Use" means that a single user may install and operate one copy of the Licensed Products on a single computer at any given time.
You agree that you are prohibited from:
(a) modifying a Licensed Product or a document or create a derived work thereof, including a translation or an local adaptation;
(b) networking the Licensed Products or otherwise allow their use on more than one computer at any one time, by users who have not read and accepted the terms of this User Agreement;
(c) using the Licensed Products illegally or in an abusive manner or in any manner that is not expressly authorized herein;
(d) reverse engineering, decompiling, disassembling or in any other manner attempt to obtain the Licensed Products' source code;
(e) distributing, licensing, selling, leasing and otherwise, using the Licensed Products or grant a sub-license pursuant to an agreement for the provision of computer services or time-sharing or otherwise, granting the use of the Licensed Products;
(f) removing or modifying any of the Licensed Products trademarks, logos, copyright marks or other notices, legends, symbols or disclaimers of exclusive property rights in the Licensed Products;
(g) modifying the header files or file libraries of the Licensed Products;
(h) creating or modifying the tables or reports supporting the Licensed Products' database;
(i) disclosing any performance test results of the Licensed Products provided by Aurora, to a third party, without Aurora's prior written consent;
(j) permitting the use of the Licensed Products by users that have not read and accepted the terms of this User agreement.
Aurora exclusively owns all intellectual property rights in the Licensed Products, including without limitation, any related intellectual property rights. You acknowledge these property rights and undertake not to take any action that may compromise or limit in any manner whatsoever, the rights and ownership of Aurora in the Licensed Products or, in any other manner, adversely impact these rights.
Aurora is the owner of the trade-marks "Aurora" and "mScope". All rights are reserved. All other names, trade-marks and logos that appear in the Licensed Products are the property of Aurora or the applicable third-party providers. You may not use any of these names, trade-marks or logos without Aurora's prior written consent.
This license shall continue for as long as there is an agreement between Aurora and the Licensed Group providing for your use of the Licensed Products AND that you remain a member of the Licensed Group. However, this license will terminate immediately if you fail to comply with any of the terms of this User Agreement.
Regardless of its cause, you agree, upon termination of this agreement, to destroy all copies of the Licensed Products. However, you acknowledge that the limitation of warranty and remedies set out below shall continue in force even after any termination of this Agreement.
AURORA DOES NOT WARRANTY, MAKE ANY REPRESENTATION, ASSUME ANY COMMITMENT OR IMPOSE ANY CONDITION, EXPRESSED OR IMPLIED AND AURORA SPECIFICALLY DECLINES THE WARRANTIES, REPRESENTATIONS, COMMITMENTS AND CONDITIONS, EXPRESSED OR IMPLIED, RELATING TO THE LICENSED PRODUCTS, THEIR CUSTOMIZATION, MAINTENANCE AND SUPPORT OR WHICH OTHERWISE RELATE TO THIS AGREEMENT, INCLUDING BUT NOT LIMITED TO: (A) THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABLE QUALITY AND FITNESS FOR A PARTICULAR PURPOSE; (B) WARRANTIES AGAINST ILLEGAL COPYING OR COUNTERFITTING; OR ACCORDING TO WHICH (C) THE LICENSED PRODUCTS ARE ERROR-FREE, WITHOUT BUGS AND THEY ARE NOT DEFECTIVE IN ANY WAY AND, WORK, WITHOUT INTERRUPTION OR ERROR; (D) IT IS FEASIBLE TO TRANSMIT SECURELY THE LICENSED PRODUCTS ELECTRONICALLY (AS AN ATTACHMENT TO AN EMAIL, BY DOWNLOADING OVER THE INTERNET OR BY OTHER MEANS), AND THAT THEY ARE VIRUS-FREE, WITHOUT WORMS OR OTHER FORMS OF SOFTWARE CODE, ROUTINE OR FEATURE DESIGNED TO DEACTIVATE, AFFECT, DESTROY, ERASE OR OTHERWISE DAMAGE THE LICENSED PRODUCTS OR ANY OTHER SOFTWARE, SYSTEM, EQUIPMENT, MATERIAL OR OTHER TYPE OF DATA; (E) THE LICENSED PRODUCTS MEET YOUR REQUIREMENTS, YOUR SPECIFIC COMMERCIAL, LEGAL OR TECHNOLOGY NEEDS OR OTHER NEEDS OR THAT THEY ARE FIT FOR A PARTICULAR PURPOSE; (F) THE LICENSED PRODUCTS WORK CORRECTLY IN COMBINATION WITH OR WHEN USED CONCURRENTLY WITH MATERIAL, PRODUCTS, SOFTWARE, EQUIPMENT, SYSTEMS OR PRODUCTS THAT ARE NOT EXPRESSLY DESCRIBED IN THE PRODUCT DOCUMENTATION; (G) SOFTWARE BUGS, ERRORS OR OTHER DEFECTIVE COMPONENTS CAN BE OR WILL BE CORRECTED; AND, (H) THE OTHER REPRESENTATIONS, COMMITMENTS, WARRANTIES AND CONDITIONS, EXPRESSED OR IMPLIED, ARISING FROM LAW, USE OR OTHERWISE, ARE THE ONLY REPRESENTATIONS, COMMITMENTS, WARRANTIES AND CONDITIONS, EXPRESSED OR IMPLIED, AGREED TO, GIVEN, MADE OR IMPOSED BY AURORA WITH REGARDS TO THE LICENSED PRODUCTS, THEIR CUSTOMIZATION, MAINTENANCE AND SUPPORT OR WHICH OTHERWISE RELATE TO THIS AGREEMENT.
YOU ACKNOWLEDGE USING THE LICENSED PRODUCTS AT YOUR OWN RISKS. IN NO EVENT SHALL AURORA BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, NOR WILL AURORA BE LIABLE FOR ANY LOSS EVEN IF ADVISED OF THE POSSIBILITY THEREOF, INCLUDING ANY DAMAGES WHATSOEVER ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THE LICENSED PRODUCTS, REGARDLESS OF THE BASIS FOR THE CLAIM OR THE CAUSE OF ACTION.
AURORA SHALL NOT BE LIABLE FOR ANY DAMAGES RESULTING FROM THE ALTERATION, DESTRUCTION OR LOSS OF DATA, WHETHER ENTERED OR GENERATED OR OBTAINED THROUGH THE USE OF THE LICENSED PRODUCTS, EVEN IF ADVISED OF THE POSSIBILITY THEREOF.
THE ABOVE LIMITATION OF LIABILITY CONSTITUTES A FUNDAMENTAL ELEMENT AND FORMS THE BASIS OF THE AGREEMENT BETWEEN YOUSELF, THE LICENSED GROUP AND AURORA. THE LICENSE HAS BEEN PRICED ACCORDINGLY.
The use a public Internet Protocol address presents special risks. With such an address, your computer is directly accessible from the Internet; The Licensed Products cannot protect you from attacks by malicious users attempting to corrupt your data, read your files, copy them or otherwise cause damages to your equipment, data or person. Aurora suggests you take appropriate measures to protect yourself from such events. You recognize assuming all risks described above, associated with your mode of communication and you hold Aurora harmless in the event of any damage you may suffer due to another person's unauthorized access to your data or equipment.
Wireless access, such as that based on the IEEE 802.11b standard ("Wi-Fi") presents special risks. Wi-Fi transmissions are broadcast; anyone within range of the signal can monitor other users' communications. Even if you use the WEP encryption technology provided with Wi-Fi, malicious users may be able to decode your communications. Aurora suggests you take appropriate measures to protect yourself from such events. You recognize assuming all risks described above, associated with your mode of transmission and you hold Aurora harmless in the event of any damage you may suffer due to another person's unauthorized access to your data or equipment.
The terms of this User Agreement may be changed at Aurora's sole discretion and without notice.
The interpretation and execution of this User Agreement is governed by the laws of the Province of Québec, Canada.
The terms of this User Agreement are severable and if a competent court or the parties, acting in agreement, determine that a provision is illegal, invalid or impossible to execute, they can delete or modify it, in accordance with the parties' initial intent, in order to make it valid and possible of execution. The remaining provisions of this User Agreement will remain valid.
The terms of this User Agreement contain the entire understanding between yourself and Aurora with regard to the use of the Licensed Products and supersede all prior statements or understandings.
SHOULD YOU HAVE ANY QUESTIONS CONCERNING THIS AGREEMENT, SEE WWW.AURORAMSCOPE.COM.
BY CLICKING THE SUBMIT (OR "I AGREE") BUTTON OR USING THE LICENSED PRODUCTS YOU ARE CONSENTING TO BE BOUND BY AND BECOME A PARTY TO THIS AGREEMENT.
IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, PLEASE EXIT AND DO NOT USE THE LICENSED PRODUCTS.
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