Medical Informatics Engineering, Inc. AlternaTIFF Commercial Software License
1. License. The software and documentation accompanying this License whether on disk, in read only memory, on any other media or in any other form (the "AlternaTIFF Software") are licensed to you by Medical Informatics Engineering, Inc (MIE). You own the media on which the AlternaTIFF Software is recorded but MIE and/or MIE's licensor(s) retain title to the AlternaTIFF Software. The AlternaTIFF Software in this package and any copies which this License authorizes you to make are subject to this License.
2. Permitted Uses and Restrictions. This License allows you to install and use the AlternaTIFF Software on a single computer per registration without fee. Registration is the issuance of a unique license number from MIE for each PC using AlteraTIFF. This License does allow the AlternaTIFF Software to exist on more than one computer at a time with a common license number on all the machines for a license fee per machine. The fee must be paid to MIE prior to installing the software on a machine bypassing the registration process. You may make one copy of the AlternaTIFF Software in machine- readable form for backup purposes only. The backup copy must include all copyright information contained on the original. Except as expressly permitted in this License, you may not decompile, reverse engineer, disassemble, modify, rent, lease, loan, sublicense, distribute or create derivative works based upon the AlternaTIFF Software in whole or part or transmit the AlternaTIFF Software over a network. You may, however, transfer your rights under this License provided you transfer the related documentation, this License and a copy of the AlternaTIFF Software to a party who agrees to accept the terms of this License and destroy any other copies of the AlternaTIFF Software in your possession. THE AlternaTIFF Software IS NOT INTENDED FOR USE IN THE OPERATION OF NUCLEAR FACILITIES, AIRCRAFT NAVIGATION OR COMMUNICATION SYSTEMS, OR AIR TRAFFIC CONTROL MACHINES IN WHICH CASE THE FAILURE OF THE AlternaTIFF Software COULD LEAD TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE. Your rights under this License will terminate automatically without notice from MIE if you fail to comply with any term(s) of this License.
3. Limited Warranty on Media (if applicable). MIE warrants the media on which the AlternaTIFF Software is recorded to be free from defects in materials and workmanship under normal use for a period of ninety (90) days from the date of original retail purchase. Your exclusive remedy under this paragraph shall be, at MIE's option, a refund of the purchase price of the product containing the AlternaTIFF Software or replacement of the AlternaTIFF Software which is returned to MIE or an MIE authorized representative with a copy of the receipt. THIS LIMITED WARRANTY AND ANY IMPLIED WARRANTIES ON THE MEDIA INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE LIMITED IN DURATION TO NINETY (90) DAYS FROM THE DATE OF ORIGINAL RETAIL PURCHASE. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THIS LIMITATION MAY NOT APPLY TO YOU. THE LIMITED WARRANTY SET FORTH HEREIN IS EXCLUSIVE AND IN LIEU OF ALL OTHERS, WHETHER ORAL OR WRITTEN, EXPRESS OR IMPLIED. MIE SPECIFICALLY DISCLAIMS ALL OTHER WARRANTIES. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY BY JURISDICTION.
4. Disclaimer of Warranty on AlternaTIFF Software. You expressly acknowledge and agree that use of the AlternaTIFF Software is at your sole risk. The AlternaTIFF Software is provided "AS IS" and without warranty of any kind and MIE and MIE's licensor(s) (for the purposes of provisions 4 and 5, MIE and MIE's licensor(s) shall be collectively referred to as "MIE") EXPRESSLY DISCLAIM ALL WARRANTIES AND/OR CONDITIONS, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY OR SATISFACTORY QUALITY AND FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT OF THIRD PARTY RIGHTS. MIE DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE AlternaTIFF Software WILL MEET YOUR REQUIREMENTS, OR THAT THE OPERATION OF THE AlternaTIFF Software WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE AlternaTIFF Software WILL BE CORRECTED. FURTHERMORE, MIE DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE AlternaTIFF Software OR RELATED DOCUMENTATION IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY MIE OR AN MIE AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THIS WARRANTY. SHOULD THE AlternaTIFF Software PROVE DEFECTIVE, YOU (AND NOT MIE OR AN MIE AUTHORIZED REPRESENTATIVE) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. THE TERMS OF THIS DISCLAIMER DO NOT AFFECT OR PREJUDICE THE STATUTORY RIGHTS OF A CONSUMER ACQUIRING MIE PRODUCTS OTHERWISE THAN IN THE COURSE OF A BUSINESS, NEITHER DO THEY LIMIT OR EXCLUDE ANY LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY MIE’S NEGLIGENCE.
5. Limitation of Liability. UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL MIE BE LIABLE FOR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATING TO THIS LICENSE. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES SO THIS LIMITATION MAY NOT APPLY TO YOU. In no event shall MIE's total liability to you for all damages exceed the amount of fifty dollars ($50.00).
6. Export Law Assurances. You may not use or otherwise export or reexport the AlternaTIFF Software except as authorized by United States law and the laws of the jurisdiction in which the AlternaTIFF Software was obtained. In particular, but without limitation, the AlternaTIFF Software may not be exported or reexported (i) into (or to a national or resident of) any U.S. embargoed country or (ii) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Department of Commerce's Table of Denial Orders. By using the AlternaTIFF Software, you represent and warrant that you are not located in, under control of, or a national or resident of any such country or on any such list.
7. Government End Users. If the AlternaTIFF Software is supplied to the United States Government, the AlternaTIFF Software is classified as "restricted computer software" as defined in clause 52.227-19 of the FAR. The United States Government's rights to the AlternaTIFF Software are as provided in clause 52.227-19 of the FAR.
8. Complete Agreement. This License constitutes the entire agreement between the parties with respect to the use of the AlternaTIFF Software and supersedes all prior or contemporaneous understandings regarding such subject matter. No amendment to or modification of this License will be binding unless in writing and signed by MIE.