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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