End User License Agreement....

License Agreement
 
ATTENTION! Important: Carefully read the following terms and conditions. By installing this Software, you (the "Licensee") are consenting to the terms of this agreement and accepting that they will be legally binding on you and any end user who may obtain this Software through you or your company. If you do not agree with the terms of this agreement, or do not wish them to be binding on you and your company, do not install the Software and promptly return the package and its contents together with proof of payment for a refund.

Throughout this document, "Software" refers to items written by CMJ Designs, Inc. (the "Licensor"), including, but not limited to, Orchid Medical Spa Software® support software, Orchid Medical Spa Software® documentation, and/or all other files included in the Orchid Medical Spa Software® total software package.

1. CONSENT FOR INTERNET-BASED SERVICES. CMJ Designs, Inc. may offer Internet-based services that may be used in conjunction with the Software. CMJ Designs, Inc. may change or cancel these services at any time. If you use the on-line process to activate the Software, or if you use an Internet-based service offered by CMJ Designs, Inc., the software automatically contacts a CMJ Designs server over the Internet, and transmits certain information about your computer without separate notice to you. CMJ Designs, Inc. does not obtain personally identifiable information from your computer other than any personal information you specifically enter as part of your usage of the Internet-based service and the Software’s serial number. By using this Software, you consent to the transmission of this information.

2. LICENSE. In consideration of payment of a license fee as part of the purchase price of this product and while in compliance with the terms and conditions of this license agreement, Licensor grants to Licensee a non-exclusive and non-transferable license to use the Software for Licensee’s internal business purposes with the specific rights to:

· use the Software on any single computer;
· use the Software on a network, provided that each computer accessing the Software through the network has a licensed Software copy or an authorized network multi-user license;
· use the Software on a second computer when the primary shop computer is not being used; and/or
· copy the Software for archival purposes only, provided the copy contains all the original Software's proprietary notices.

Rights not expressly granted by this section are reserved to CMJ Designs, Inc.

3. RESTRICTIONS ON USE. You may not:

· permit other individuals to use the Software except under the terms listed above;
· permit concurrent multi-computer use of the Software except with a multi-user license;
· modify, translate, reverse engineer, de-compile, disassemble (except to the extent applicable laws specifically prohibit such restriction) or create derivative works based on the Software;
· make error corrections to or otherwise modify or adapt the Software or create derivative works based upon the Software, or permit third parties to do the same;
· copy the Software other than as specified above;
· assign the license rights granted above to any other person or entity except with the prior written consent of Licensor and in accordance with Licensor’s requirements as provided in the Licensor’s Transfer of Ownership form.;
· rent, lease, sublicense, grant a security interest in or otherwise transfer rights to the Software; nor
· remove any proprietary notices or labels on the Software or its output.

4. OWNERSHIP. Title, ownership rights, and intellectual property rights in the Software shall remain in CMJ Designs, Inc. The Software is protected by copyright laws and treaties. Title and related rights in the content accessed through the Software is the property of the applicable content owner and may be protected by law. This license gives you no rights to such content. The Licensee owns the disk on which the Software is recorded, while CMJ Designs Inc. retains ownership of the Software program and all copies of the Software.

5. TERM. The license is effective until terminated. You may terminate the license at any time by destroying the Software and all copies and documentation. The license will terminate automatically if you fail to comply with the limitations described in this agreement. For example, if any modifications are made to the Software by the user or the media is subjected to accident, abuse or improper use, the terms of this agreement are violated and this license shall be terminated immediately. Upon termination, you agree to destroy the Software and all copies and documentation.

6. LIMITED WARRANTY. CMJ Designs, Inc. warrants the original disks or CDs on which the Software is furnished to be free from defects for 30 days from date of delivery. This limited warranty does not apply to downloaded Software and is the only warranty made by CMJ Designs, Inc. This time limitation may not apply in some jurisdictions.

No dealer, agent or employee of CMJ Designs, Inc. is authorized to make any modifications, extensions or additions to this warranty. This warranty shall not apply to hardware or Software other than the unmodified version of hardware and Software as described in the documentation. If any modifications are made to the Software by the user, or the media is subjected to accident, abuse or improper use, the terms of this agreement are violated and this warranty shall be terminated immediately.

If the software does not perform substantially in accordance with the Orchid Medical Spa Software® documentation, the entire liability of CMJ Designs, Inc. and your exclusive remedy shall be limited to either, at the Licensor’s option, replacement of the Software or refund of the amount you paid for the Software. If the Software was purchased in conjunction with hardware from CMJ Designs, Inc., any such hardware is sold with the manufacturer's limited warranty. The warranty period and service varies by manufacturer and product. The return policy applicable to hardware purchased from CMJ Designs, Inc. is available on the following website: http://www.medicalspasoftware.com/support/policies.htm . CMJ Designs, Inc. warrants that the Software is compatible only when used on hardware and hardware support items (including cables, connectors, interfaces, and adaptors) purchased from CMJ Designs Inc. or that meets the specifications provided by CMJ Designs, Inc. on its website, using the manufacturer's drivers or direct (serial) connection while Windows is operating in the following default regional setting: "English (US)".