End User License Agreement (EULA)
Improved Outcomes Software Inc. GeneLinker (tm) Gold and GeneLinker (tm) Platinum, and software related components.
END-USER LICENSE AGREEMENT FOR IMPROVED OUTCOMES SOFTWARE INC. (IOS) SOFTWARE
IMPORTANT-READ CAREFULLY: This IOS End-User License Agreement ("EULA") is a legal agreement between you (either an individual or a single entity) and IOS for the IOS software product(s) identified above which may include associated software components, media, printed materials, and "online" or electronic documentation ("SOFTWARE PRODUCT"). By clicking on the "Yes" button appearing below this EULA, you agree to be bound by the terms herein. If you do not agree to the terms of this EULA, you are not permitted to install or use the SOFTWARE PRODUCT.
The SOFTWARE PRODUCT is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. The SOFTWARE PRODUCT is licensed, not sold.
1. GRANT OF LICENSE. The SOFTWARE PRODUCT is licensed as follows:
A SINGLE USE LICENSE grants you the right to install and use the SOFTWARE PRODUCT for use on one user account on a single computer.
A MULTIPLE USE LICENSE grants you the right to install and use the SOFTWARE PRODUCT on multiple computers. You may install the software product on as many computers as you have installation licenses, and use the software concurrently on as many computers as you have use licenses.
You may also make backup copies of the SOFTWARE PRODUCT for backup and archival purposes.
In the case of a MULTIPLE USE LICENSE, a key server may be required.
In the case of a time limited version, you are not permitted to use the SOFTWARE PRODUCT after the expiry date designated in the time limited version.
2. DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS.
Maintenance of Copyright Notices. You must not remove or alter any copyright notices on any copies of the SOFTWARE PRODUCT.
Distribution. You may not distribute copies of the SOFTWARE PRODUCT to third parties.
Prohibition on Reverse Engineering, Decompilation, and Disassembly. You may not reverse engineer, decompile, or disassemble the SOFTWARE PRODUCT or create any derivative works thereof.
Rental. You may not rent, lease, or lend the SOFTWARE PRODUCT to third parties.
Transfer. You may permanently transfer all of your rights under this EULA to third parties, provided the recipient agrees to the terms of this EULA and IOS receives prior written notice of such transfer and consents to same.
Support Services. IOS may provide you with support services related to the SOFTWARE PRODUCT ("Support Services"). Any supplemental software code provided to you as part of the Support Services shall be considered part of the SOFTWARE PRODUCT and subject to the terms and conditions of this EULA. With respect to technical information you provide to IOS as part of the Support Services, IOS may use such information for its business purposes, including for product support and development. IOS will not utilize such technical information in a form that personally identifies you.
Compliance with Applicable Laws. You must comply with all applicable Canadian and United States laws regarding use of the SOFTWARE PRODUCT. In particular, you agree that you will not export or re-export the SOFTWARE PRODUCT to any country, person, entity or end user subject to U.S.A. export restrictions. Restricted countries currently include, but are not necessarily limited to Cuba, Iran, Iraq, Libya, North Korea, Sudan, and Syria. You represent and warrant that neither the U.S.A. Bureau of Export Administration nor any other federal agency has suspended, revoked or denied your export privileges.
3. TERMINATION. Without prejudice to any other rights that IOS might have, IOS shall be entitled to terminate this EULA if you fail to comply with any of the terms and conditions of this EULA. In such event, you shall cease all use of the SOFTWARE PRODUCT and destroy all copies of same.
4. OWNERSHIP. All title, including but not limited to worldwide copyrights, in and to the SOFTWARE PRODUCT and any copies thereof are owned by IOS or its designees. All title and intellectual property rights in and to the content which may be accessed through use of the SOFTWARE PRODUCT is the property of the respective content provider or owner and is subject to applicable copyright or other intellectual property laws and treaties relating to the content. This EULA grants you no rights to use such content, save as is expressly provided herein. All rights not expressly granted are reserved by IOS.
5. U.S. GOVERNMENT RESTRICTED RIGHTS. The SOFTWARE PRODUCT is provided with RESTRICTED RIGHTS. Use, duplication, or disclosure by the Government is subject to restrictions as set forth in subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer Software clause at DFARS 252.227-7013 or subparagraphs (c)(1) and (2) of the Commercial Computer Software Restricted Rights at 48 CFR 52.227-19, as applicable.
6. NO WARRANTIES. THE SOFTWARE PRODUCT AND ANY RELATED DOCUMENTATION IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT OF THIRD PARTY INTELLECTUAL PROPERTY RIGHTS. IOS EXPRESSLY DISCLAIMS ANY WARRANTY WHATSOEVER FOR THE SOFTWARE PRODUCT. THE ENTIRE RISK ARISING OUT OF USE OR PERFORMANCE OF THE SOFTWARE PRODUCT REMAINS WITH YOU.
7. HIGH RISK ACTIVITIES. The Software is not fault-tolerant and is not designed, manufactured or intended for use or resale as on-line control equipment in hazardous environments requiring fail-safe performance, such as in the operation of nuclear facilities, aircraft navigation or communication systems, air traffic control, direct life-support machines, or weapons systems, in which the failure of the Software could lead directly to death, personal injury, or severe physical or environmental damage ("High Risk Activities"). Accordingly, Licensor and its suppliers specifically disclaim any express or implied warranty of fitness for High Risk Activities.
8. LIMITATION OF LIABILITY. IOS shall not be liable under any circumstance for any special, incidental, indirect, or consequential damages whatsoever (including, without limitation, damages for loss of business profits, business interruption, loss of business information, or any other pecuniary loss) arising out of the use of or inability to use the SOFTWARE PRODUCT, the provision of or failure to provide Support Services, the breach of any provision of this EULA, or the negligence or gross negligence of IOS or its directors, officers or employees, even if IOS has been advised of the possibility of such damages. In any case, IOS's entire liability under any provision of this EULA shall be limited to the greater of the amount actually paid by you for the SOFTWARE PRODUCT or US$5.00. Because some states and jurisdictions do not allow the exclusion or limitation of liability, the above limitation may not apply to you.
This EULA is governed by the laws of the Province of Ontario, Canada.
If this product was acquired outside Canada, then local law may apply.
Should you have any questions concerning this EULA, or if you desire to contact IOS for any reason, please contact: