Eula for Medical Radar
Last updated: 22nd February 2022
This End-User License Agreement (referred to as the "EULA") is a legally binding
agreement between you, the Licensee, an individual customer or entity, and the Brill
International SL, the company, and the author of Medical Radar, the Software, which
may include associated media, printed materials, and online or electronic
documentation. This Agreement is a legally binding contract that includes terms that
limit your legal rights and Licensors' liability to you, and shall govern all access to and
use of this Software. You hereby agree, without limitation or alteration, to all the terms
and conditions contained herein.
By installing, copying, or otherwise using the Licensed Product (Software), the
Licensee agrees to be bound by the terms and conditions outlined in this EULA.
However, if the Licensee does not agree to the terms and conditions outlined in this
EULA, the said Licensee may not download, install, or use Software.
Definitions
"EULA" shall refer to this End-User-License-Agreement, including any amendment to
this Agreement.
"Licensee" shall refer to the individual or entity that downloads and uses the Software.
"Licensor" shall refer to the company or author, Brill International SL, located at calle
munner 10, Barcelona 08022.
"Software/Licensed product" shall mean Medical Radar, the Licensed Product provided
pursuant to this EULA.
Grant of License
Subject to the terms of this EULA, the Brill International SL hereby grants to the
Licensee, a royalty-free, revocable, limited, non-exclusive license during the term of
this EULA to possess and to use a copy of the Software. The Software is being
distributed by Brill International SL. Licensee is not allowed to make a charge for
distributing this Software, either for profit or merely to recover media and distribution
costs.
Intellectual Property
You hereby unconditionally agree that all right, title and interest in the copyrights and
other intellectual property rights in the Licensed Product reside with the Licensors. The
trademarks, logos, designs, and service marks appearing on the Licensed Product are
registered and unregistered marks of Licensor. Accordingly, nothing in this EULA or
the Licensed Product grants you any right to use any form of intellectual property
contained in the Licensed Product.
Therefore, all rights, titles, interests, and copyrights in and/or to the Software, including
but not limited to all images, graphics, animations, audio, video, music, text, data, code,
algorithm, and information, are owned by the Licensor. Accordingly, the Software is
protected by all applicable copyright laws and international treaties, and the Licensee is
expected to use the Software concerning all intellectual property contained therein,
except as otherwise provided for in this EULA.
Description of Rights and Limitations
Installation and Use: Licensee may install and use the Software on a shared computer
or concurrently on different computers, and make multiple back-up copies of the
Software, solely for Licensee's use within Licensee's business or personal use.
Reproduction and Distribution: Licensee may not duplicate or re-distribute copies of
the Software, without the Licensors express written permission.
Licensee Limitation: The Licensee may not:
1. Use the Licensed Product for any purpose other than personal and non-commercial
purposes;
2. Use the Licensed Product for any illegal or unlawful purpose;
3. Gather factual content or any other portion of the Licensed product by any automated
means, including but not limited to database scraping or screen scraping; or
4. Reverse engineer, decompile, or disassemble Software, except and only to the extent
that such activity is expressly permitted by applicable law notwithstanding the
limitation.
Update and Maintenance
Brill International SL shall provide updates and maintenance on a Monthly basis or as-
needed basis.
Support
Brill International SL has no obligation to Software support, or to continue providing or
updating any of the Software.
General Provisions
Termination
In the event of termination, all licenses provided under this EULA shall immediately
terminate, and you agree to discontinue accessing or attempting to access this Licensed
product.
Accordingly, this EULA may be:
1. Automatically terminated if the Licensee fails to comply with any of the terms and
conditions under this EULA;
2. Terminated by Brill International SL; or
3. Terminated by the Licensee.
Either Brill International SL or the Licensee may terminate this EULA immediately
upon written notice to the other party, including but not limited to electronic mail.
Non-Transferability
The Licensee has the option to permanently transfer all rights under this Agreement,
provided the recipient agrees to the terms of this EULA. Accordingly, this EULA is not
assignable or transferable by the Licensee without the prior written consent of Brill
International SL; and any attempt to do so shall be void.
Notice
Any notice, report, approval or consent required under this EULA shall be in writing
and deemed to have been duly given if delivered by recorded delivery to the respective
addresses of the parties.
Integration
Both parties hereby agree that this EULA is the entire and exclusive statement and legal
acknowledgement of the mutual understanding of the parties and supersedes and cancels
any previous written and oral agreement and/or communication relating to the subject
matter of this EULA.
Severability
No delay or failure to exercise, on the part of either party, any privilege, power or rights
under this EULA shall operate as a waiver of any of the terms and provisions of this
EULA. Accordingly, no single or partial exercise of any right under this Agreement
shall preclude further exercise of any other right under this EULA. Suppose any of the
outlined provisions of this EULA is deemed to be unenforceable or invalid in whole or
in part by a court of competent jurisdiction. In that case, such provision shall be limited
to the minimum extent necessary for this EULA to remain in full force and effect and
enforceable. The remaining provisions of this Agreement shall not be rendered
unenforceable or invalid. They shall continue to be enforceable and valid in isolation of
the unenforceable and invalid provisions of this EULA.
Warranty and Disclaimer
Brill International SL, and author of this Software, expressly disclaim any warranty for
the Medical Radar. The Licensed Product and all applicable documentation is provided
as-is, without warranty of any kind, whether express or implied, including, without
limitation, the implied warranties of merchantability, fitness for a particular purpose, or
non-infringement. Accordingly, the Licensee accepts any risk arising out of the use or
performance of the Software.
Limited Liability
The Licensee agrees that the Brill International SL shall not be liable to Licensee, or any
other related person or entity claiming any loss of profits, income, savings, or any other
consequential, incidental, special, punitive, direct or indirect damage, whether arising in
contract, tort, warranty, or otherwise. Even if Brill International SL has been advised of
the possibility of such damages. These limitations shall necessarily apply regardless of
the primary purpose of any limited remedy. Under no circumstances shall Brill
International SL aggregate liability to the Licensee, or any other person or entity
claiming through the Licensee, exceed the actual monetary amount paid by the Licensee
to Brill International SL for the Software.
Indemnification
You hereby agree to indemnify and hold Brill International SL harmless from and
against all liabilities, damages, losses or expenses, including but not limited to
reasonable attorney or other professional fees in any claim, demand, action or
proceeding initiated by any third-party against Brill International SL, arising from any
of your acts, including without limitation, violating this EULA or any other agreement
or any applicable law.
Entire Agreement
This Agreement rightly constitutes the entire understanding between the Brill
International SL and the Licensee and all parties involved. It supersedes all prior
agreements of the parties, whether written or oral, express or implied, statement,
condition, or a representation or warranty.
Governing Law and Jurisdiction
This EULA shall be deemed to be construed under the jurisdiction of the courts located
in Spain, without regard to conflicts of laws as regards the provisions thereof. Any legal
action relating to this EULA shall be brought exclusively in the courts of Spain, and all
parties consent to the jurisdiction thereof. Furthermore, the prevailing party in any
action to enforce this EULA shall be entitled to recover costs and expenses including,
without limitation, legal fees. Accordingly, this EULA is made within the exclusive
jurisdiction of the Spain, and its jurisdiction shall supersede any other jurisdiction of
either party's election.
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