Veterinary Technology Solutions
SOFTWARE LICENSE AGREEMENT FOR EchoVet
PLEASE READ THIS SOFTWARE LICENSE AGREEMENT (“LICENSE”) CAREFULLY BEFORE USING EchoVet. BY USING EchoVet, YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THIS LICENSE. IF YOU DO NOT AGREE TO THE TERMS OF THIS LICENSE, DO NOT USE THE SOFTWARE.
1. General. The software, documentation and any fonts accompanying this License whether on disk, in read only memory, on any other media or in any other form (collectively “EchoVet”) are licensed, not sold, to you by Veterinary Technology Solutions (“VeTS”) for use only under the terms of this License, and VeTS reserves all rights not expressly granted to you. The rights granted herein are limited to VeTS and its licensors’ intellectual property rights in the EchoVet Software and do not include any other patents or intellectual property rights. You own the media on which the EchoVet Software is recorded but VeTS and/or VeTS licensor(s) retain ownership of the EchoVet Software itself. The terms of this License will govern any software upgrades provided by VeTS that replace and/or supplement the original EchoVet Software product, unless such upgrade is accompanied by a separate license in which case the terms of that license will govern.
2. Electronic Software Downloads. EchoVet software is available for download as a free trial version from echovet.com. At the end of the free trial period, you will be directed to enter credit card information to continue using EchoVet. On initial registration of EchoVet, a confirmation email will be sent to confirm activation of the software. Since EchoVet requires internet access for setup, individuals and practices without at least intermittent internet access are not suitable candidates to utilize EchoVet. EchoVet also requires intermittent internet access for billing purposes. We do not provide a shippable version at this time.
3. Return Policy. Since EchoVet is a pay per use software, you only pay if you use the software (after the free trial period). You do not need to return the software.
4. Permitted License Uses and Restrictions. This License allows you to install and use the EchoVet Software. The EchoVet Software may be used to reproduce materials so long as such use is limited to reproduction of non-copyrighted materials, materials in which you own the copyright, or materials you are authorized or legally permitted to reproduce. You may make the EchoVet Software available over a network where it could be used by multiple computers at the same time. Except as and only to the extent expressly permitted in this License or by applicable law, you may not decompile, reverse engineer, disassemble, modify, or create derivative works of the EchoVet Software or any part thereof. THE EchoVet SOFTWARE IS NOT INTENDED FOR USE IN THE OPERATION OF MEDICAL EQUIPMENT, LIFE SUPPORT MACHINES OR OTHER EQUIPMENT IN WHICH THE FAILURE OF THE EchoVet SOFTWARE COULD LEAD TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE.
5. Transfer. You may not rent, lease, lend, redistribute or sublicense the EchoVet Software.
6. Consent to Use of Data. You agree that VeTS and its subsidiaries may collect and use technical and related information, including but not limited to technical information about your computer, system and application software, and peripherals, that is gathered periodically to facilitate the provision of software updates, product support and other services to you (if any) related to the EchoVet Software and to verify compliance with the terms of this License. VeTS may use this information, as long as it is in a form that does not personally identify you, to improve our products or to provide services or technologies to you.
7. Other Services “Services”
Certain Services may include materials from third parties or links to certain third party web sites. You acknowledge and agree that VeTS is not responsible for examining or evaluating the content or accuracy of any such third-party material or web sites. VeTS does not warrant or endorse and does not assume and will not have any liability or responsibility for any third-party materials or web sites, or for any other materials, products, or services of third parties. Links to other web sites are provided solely as a convenience to you. You agree that you will not use any third-party materials in a manner that would infringe or violate the rights of any other party, and that VeTS is not in any way responsible for any such use by you.
You agree that the Services, including but not limited to graphics, audio clips, and editorial content, contain proprietary information and material that is owned by VeTS and/or its licensors, and is protected by applicable intellectual property and other laws, including but not limited to copyright, and that you will not use such proprietary information or materials in any way whatsoever except for permitted use of the Services. No portion of the Services may be reproduced in any form or by any means. You agree not to modify, rent, lease, loan, sell, distribute, or create derivative works based on the Services, in any manner, and you shall not exploit the Services in any unauthorized way whatsoever, including but not limited to, by trespass or burdening network capacity.
VeTS and its licensors reserve the right to change, suspend, remove, or disable access to any Services at any time without notice. In no event will VeTS be liable for the removal of or disabling of access to any such Services. VeTS may also impose limits on the use of or access to certain Services, in any case and without notice or liability.
8. Termination. This License is effective until terminated. Your rights under this License will terminate automatically without notice from VeTS if you fail to comply with any term(s) of this License. Upon the termination of this License, EchoVet will cease to function for new examinations, but you will be provided access to the Report on examinations already performed.
9. Limited Warranty on Media. VeTS warrants the media on which the EchoVet Software is recorded and delivered by VeTS to be free from defects in materials and workmanship under normal use for a period of sixty (60) days from the date of original retail purchase. Your exclusive remedy under this Section shall be, at VeTS option, a replacement of the product containing the EchoVet Software. VeTS WILL HAVE NO RESPONSIBILITY FOR DATA COLLECTED IN EchoVet SOFTWARE THAT IS LOST DUE TO MEDIA FAILURE, WHETHER ON THE MEDIA DELIVERED BY VeTS, OR MEDIA USED BY EchoVet SOFTWARE USERS.
10. Disclaimer of Warranties. EchoVet is being delivered “as is” and VeTS makes no warranty as to its use or performance. VeTS AND ITS SUPPLIERS DO NOT AND CANNOT WARRANTY THE PERFORMANCE OR RESULTS YOU MAY OBTAIN BY USING THE SOFTWARE PRODUCT. ANY USE OF THE SOFTWARE IS AT YOUR OWN RISK. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE EchoVet SOFTWARE (AS DEFINED ABOVE) AND SERVICES (AS DEFINED BELOW) IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. EXCEPT FOR THE LIMITED WARRANTY ON MEDIA SET FORTH ABOVE AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE EchoVet SOFTWARE AND SERVICES ARE PROVIDED “AS IS”, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND VeTS AND VeTS LICENSORS (COLLECTIVELY REFERRED TO AS “VeTS” FOR THE PURPOSES OF SECTIONS 8 AND 9) HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE EchoVet SOFTWARE AND SERVICES, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. VeTS DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE EchoVet SOFTWARE OR SERVICES WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE EchoVet SOFTWARE OR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE EchoVet SOFTWARE OR SERVICES WILL BE CORRECTED. RESPONSIBILITY FOR ANALYSIS, INTERPRETATION, AND ASSESSMENT OF ANY MEDICAL CASE RESTS ENTIRELY WITH THE PERSON IN CONTACT WITH THE PATIENT, AND VeTS ASSUMES NO LIABILITY FOR MISDIAGNOSIS OF ANY CASE. EchoVet SOFTWARE IS ONLY AN AID FOR THE EXAMINER. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY VeTS OR AN VeTS AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SHOULD THE EchoVet SOFTWARE OR SERVICES PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU.
11. Duty to Backup. It is your responsibility to maintain an archival copy of the EchoVet software and to perform periodic backups of all data and programs used in conjunction with the EchoVet software to prevent loss.
12. Limitation of Liability. TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL VeTS BE LIABLE FOR PERSONAL INJURY, OR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE VeTS SOFTWARE OR SERVICES, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE) AND EVEN IF VeTS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. In no event shall VeTS total liability to you for all damages (other than as may be required by applicable law in cases involving personal injury) exceed the amount of fifty dollars ($50.00). The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.
13. Export Control. You may not use or otherwise export or reexport the EchoVet Software except as authorized by United States law and the laws of the jurisdiction in which the EchoVet Software was obtained. In particular, but without limitation, the EchoVet Software may not be exported or re-exported (a) into any U.S. embargoed countries or (b) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Department of Commerce Denied Person’s List or Entity List. By using the EchoVet Software, you represent and warrant that you are not located in any such country or on any such list. You also agree that you will not use these products for any purposes prohibited by United States law.
14. Controlling Law and Severability. This License will be governed by and construed in accordance with the laws of the State of Colorado, as applied to agreements entered into and to be performed entirely within Colorado between Colorado residents. This License shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded. If for any reason a court of competent jurisdiction finds any provision, or portion thereof, to be unenforceable, the remainder of this License shall continue in full force and effect.
15. Complete Agreement; Governing Language. This License constitutes the entire agreement between the parties with respect to the use of the EchoVet Software licensed hereunder 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 VeTS. Any translation of this License is done for local requirements and in the event of a dispute between the English and any non-English versions, the English version of this License shall govern.
16. Third Party Software and Service Terms and Conditions.
FileMaker Pro® End User License Agreement
This application or device contains software from FileMaker, Inc. owned by Apple. The software from FileMaker, Inc (“FileMaker Pro”) enables this EchoVet software to function. You may use FileMaker Pro only by means of their intended End-User agreements.
17. Changes to the EULA.
Please note this EULA may change from time to time. We will post any changes to the echovet.com website. If you do not agree to the changes, please do not continue using the software.