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COPYRIGHT NOTICE AND LICENSE AGREEMENT
If we discover that unauthorized individuals or entities are in possession of a license key that is registered to you, you will be prosecuted and will be liable for damages. The violation will also be reported to your professional organization or credentialling authority. For this reason we advise that you should protect the secrecy of the license key issued to you. Software piracy is a major crime in all countries and carries stiff penalties. If you did not purchase a license to this software we demand that you cease use of this software immediately and uninstall it from your computer. We aggressively track and prosecute pirates or anyone who infringes on our copyright.
COPYRIGHT
This software was created by Nikhita Software. Nikhita Software owns worldwide copyrights to this software which includes the programming code as well as the graphics and textual material and database contained therein. Any copying of this software , the code or the textual material is strictly forbidden. Copyright violations will be vigorously prosecuted to the fullest extent.
This software is protected by state of the art anti-piracy technology which allows us to identify and track down violators. A 1000 Euro reward is offered for verifiable information (ie leading to a conviction ) about piracy or illegal or unlicensed use of this software or the use of stolen registration codes. Each license sold is registered to the person paying for it. This software can only be installed and used by the person who bought the licence. When you are issued a license key, that key is coupled with your name. This is documented and encrypted on your computer and in our database. By buying a license, you agree to keep the license key a secret. If that license key ever shows up on the internet or other public forums where it can be stolen, you will be held accountable and appropriate legal action will be initiated against you. You are obliged to keep the license key secret and your usage of this software signifies your acceptance of this unnegotiable condition.
Images used in this program are the copyright of the models and the licensors. This does not in any way imply any endorsement of this product by the models or the licensors.
TERMS OF USE
ATTENTION: THIS IS A LICENSE, NOT A SALE. THIS PRODUCT IS PROVIDED UNDER THE FOLLOWING LICENSE AGREEMENT AND ALL APPLICABLE ADDENDUMS ("LICENSE") WHICH DEFINES WHAT YOU MAY DO WITH THE PRODUCT AND CONTAIN LIMITATIONS ON WARRANTIES AND/OR REMEDIES.
GENERAL LICENSE AGREEMENT
NIKHITA SOFTWARE is referred to in this document as “THE COMPANY”
IMPORTANT - BY INSTALLING, COPYING, OR OTHERWISE USING THIS SOFTWARE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS GENERAL LICENSE AGREEMENT. IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS OF THIS GENERAL LICENSE DO NOT INSTALL, COPY, OR OTHERWISE USE THIS SOFTWARE
1. Permitted Use. THE COMPANY hereby grants to Customer a computer-specific, non-transferrable, non-exclusive license to use the this software solely on a single computer. If Customer wishes to use this software on additional computers (s), the Customer must obtain a separate license for each such use.
2. Restrictions on Use. Customer shall not: (a) copy THIS SOFTWARE(b) copy any of the documentation for any purpose; (c) assign this Agreement or transfer, lease, rent, export or grant a sublicense of this software to any other party unless authorized by THE COMPANY in writing (any attempt to do so without such authorization shall be void); (d) reverse engineer, decompile or disassemble this software; (e) use the software except as authorized herein; or (f) permit any third party to use this software any way that would constitute a breach of this Agreement. Customer may not use this software on a network or file server. Any breach by Customer of this Section 2 shall result in the automatic termination of the Customer`s license to use this software and related documentation.
Ownership and Copyright. The company is the owner of all intellectual property rights (including copyright) in this software and in any related documentation provided to Customer . Customer undertakes not to remove any identifying marking or copyright notice placed by the company on any of its products. Customer shall have no right, title or interest in or to this software and related documentation except the right to use same and then only strictly in accordance with this Agreement. The customer has been issued a licence key (which may also be referred to as registration key) . This is an unique code, which is coupled with the customer`s name. This identification is recorded on your computer and in our database. The customer agrees to protect the secrecy of the licence key . The customer agrees not to give the licence key, in whole or in part, in any format, electronic or other wise, to anyone else. The customer agrees not to post the key on the internet or any other medium where other would have access to it. The customer agrees not to sell or lend the licence key. If the customer fails to fulfil this obligation and the secrecy of the license key is compromised, this would automatically cancel the customer`s right to use this software with immediate effect and he is required to report the violation to us immediately as well as reveal the names and contact information of the individuals who have illegally accessed the license key.
If we discover that unauthorized individuals or entities are in possession of a license key that is registered to you, you will be prosecuted and will be liable for damages. The violation will also be reported to your professional organization or credentialing authority (such as your State Medical Board or Medical School). For this reason we advise that you should protect the secrecy of the license key issued to you. Software piracy is a major crime and carries stiff penalties including heavy fines and prison sentences, in other words, software piracy is not worth the trouble.
4. Limited Warranty and Limitation of Liability.
THE FOREGOING LIMITED WARRANTY IS EXCLUSIVE AND IN LIEU OF ALL OTHER REPRESENTATIONS, WARRANTIES OR CONDITIONS, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THIS SOFTWAREAND RELATED DOCUMENTATION IS PROVIDED "AS IS" TO CUSTOMER. IN PARTICULAR, THE COMPANY DOES NOT REPRESENT OR WARRANT THAT THIS SOFTWARE WILL MEET CUSTOMER`S REQUIREMENTS OR THAT THE OPERATION OF THIS SOFTWAREWILL BE UNINTERRUPTED OR ERROR-FREE. THE CUSTOMER ASSUMES RESPONSIBILITY FOR THE SELECTION OF THIS SOFTWARE TO ACHIEVE THE CUSTOMER`S INTENDED RESULTS AND FOR THE INSTALLATION, USE AND RESULTS OBTAINED FROM THIS SOFTWARE AND RELATED DOCUMENTATION. AS A RESULT, THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THIS SOFTWAREAND RELATED DOCUMENTATION IS BORNE BY THE CUSTOMER. SHOULD THIS SOFTWARE AND/OR THE RELATED DOCUMENTATION PROVE TO BE DEFECTIVE IN ANY RESPECT OTHER THAN AS ENCOMPASSED BY THE FOREGOING LIMITED WARRANTY, THE CUSTOMER ASSUMES THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION.
WITHOUT LIMITING THE FOREGOING, THE COMPANY SHALL NOT BE LIABLE, REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT UNDER THIS AGREEMENT OR IN TORT, INCLUDING NEGLIGENCE OR PRODUCTS LIABILITY, FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL OR SPECIAL LOSSES OR DAMAGES OF ANY NATURE OR KIND WHATSOEVER INCLUDING, BUT NOT LIMITED TO, LOSSES OR DAMAGES ARISING OUT OF OR RESULTING FROM LOSS OR DELAY OF USE OF THIS SOFTWARE, LOST OR CORRUPTED CUSTOMER OR THIRD PARTY DATA, LOST PROFITS OR LOST GOODWILL, FAILURE TO REALIZE SAVINGS, OR FOR ANY CLAIM OR DEMAND AGAINST THE CUSTOMER BY ANY OTHER PARTY, EVEN IF THE COMPANY OR ANY OF ITS DEALERS, DISTRIBUTORS OR AGENTS MAY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSSES OR DAMAGES.
REGARDLESS OF CIRCUMSTANCES, THE COMPANY`S CUMULATIVE LIABILITY FOR DIRECT DAMAGES ARISING OUT OF OR RESULTING FROM ANY UNCURED MATERIAL DEFAULT, BREACH OR FAILURE UNDER THIS AGREEMENT SHALL IN NO EVENT EXCEED THE LICENSE FEE FOR THIS SOFTWARE. ALL DISPUTES ARE SUBJECT SOLELY TO THE JURISDICTION OF THE COURTS OF TRIVANDRUM.
5. Indemnity. Customer shall indemnify the company against any loss, damage or expense which company may suffer or incur as a result of any breach by Customer of any provision of this Agreement. For greater certainty, Customer acknowledges and agrees that he shall be solely responsible for all use of the software by any third party, and shall indemnify the company against any costs or claims arising from use of the software.
6. Termination. This Agreement is effective until terminated. The company may terminate this Agreement without notice to Customer if Customer fails to comply with any of its terms. Any such termination by the company shall be in addition to and without prejudice to such rights and remedies as may be available, including injunction and other equitable remedies. Upon receipt by Customer of a notice of termination from the company, the customer shall immediately cease using this software and, within 20 days thereof, either return to company the original and all copies of this software and any related documentation in any form or media or certify in writing to company that all copies of this software and related documentation have been destroyed, and the same is not in the possession of any individual or entity to whom the customer has passed it on. The provisions of Sections 2, 3, 4, 5 and 6 hereof shall survive termination of this Agreement.
7. Miscellaneous. This Agreement is the entire agreement between Customer and company pertaining to Customer`s right to use this software, and supercedes all prior or collateral oral or written representations or agreements related thereto. In the event that one or more of the provisions is found to be illegal or unenforceable, this Agreement shall not be rendered inoperative, but the remaining provisions shall continue in full force and effect.