Real Care Baby II-plus User Manual download pdf (Page 50)

Subscription and License Agreement

By clicking the “accept” button and using this software, you agree to become bound by the terms of this Subscription

and License Agreement (“Agreement”). If you do not agree to these terms, click on “decline” and, if you are download-

ing this software from a CD ROM, promptly return it to your vendor. READ THE FOLLOWING USE CONDITIONS AND

DISCLAIMERS IN THIS AGREEMENT CAREFULLY BEFORE INDICATING YOUR ACCEPTANCE. In this Agreement,

the term “you” refers to: (i) an individual purchasing a RealCare

Control Center subscription, as agent for a corporation,

organization or other entity; or (ii) an individual consenting to this Agreement as a condition of using a RealCare

Control

Center through a subscription purchased by a school or other institution (“Institution”), where the individual is employed

by, a student or parent of a student at, or otherwise affiliated with the Institution.

REALCARE

CONTROL CENTER Subscription and License Agreement

LICENSE. Realityworks, Inc., in consideration of payment of the applicable subscription fee and acceptance of this

Agreement, grants you a non-exclusive, transferable license and right to use and access the RealCare

Control Center

subscription (the “Licensed Materials”). This subscription permits access and use of the Licensed Materials by loading the

software on a computer(s).

OWNERSHIP. The Licensed Materials, including without limitation all copyrights and other intellectual property rights

therein, are the sole and exclusive property of Realityworks (or its parents, subsidiaries, affiliates, or designers) or its sup-

pliers. By indicating that you accept these terms, you do not become the owner of the Licensed Materials, but are entitled

to use them according to the terms of this Agreement.

PROHIBITED USES: Except as expressly permitted in this Agreement, any copying, distribution or modification of the

Licensed Materials is strictly prohibited. No part of the Licensed Materials may be copied for resale or other commercial

use, or posted on public bulletin boards, web sites, Internet domains, or online chat rooms. No part of the Licensed Mate-

rials may be reverse engineered or included in other software.

LIMITED WARRANTY. This software is warranted by Realityworks, Inc. to be free from defects for two years following ac-

ceptance of the terms of this License Agreement. Realityworks, Inc. will replace at its expense any defective software re-

turned to it during the warranty period. EXCEPT AS SET FORTH IN THE FOREGOING SENTENCE, REALITYWORKS

MAKES NO WARRANTY OR REPRESENTATION, EXPRESSED OR IMPLIED, WITH RESPECT TO THE LICENSED

MATERIALS, WHICH ARE LICENSED “AS IS”. ALL OTHER WARRANTIES ARE EXPRESSLY EXCLUDED AND DIS-

CLAIMED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR

A PARTICULAR PURPOSE, AND ANY WARRANTIES ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM

COURSE OF DEALING, COURSE OF PERFORMANCE, OR USE OF TRADE. ANY STATEMENTS OR REPRESEN-

TATIONS MADE BY ANY OTHER PERSON OR ENTITY ARE VOID. YOU ASSUME ALL RISK AS TO THE QUALITY,

FUNCTION, PERFORMANCE, AND ACCURACY OF THE LICENSED MATERIALS.

LIMITATION OF LIABILITY. IN NO EVENT WILL REALITYWORKS OR ANY OTHER PARTY WHO HAS BEEN IN-

VOLVED IN THE CREATION, PRODUCTION, PROMOTION OR MARKETING OF THE LICENSED MATERIALS BE

LIABLE TO YOU OR ANY OTHER PARTY FOR ANY SPECIAL, INDIRECT, INCIDENTAL, RELIANCE, EXEMPLARY,

OR CONSEQUENTIAL DAMAGES, INCLUDING LOSS OF DATA OR PROFITS, OR FOR INABILITY TO USE THE

LICENSED MATERIALS, EVEN IF REALITYWORKS OR SUCH OTHER PARTY HAS BEEN ADVISED OF THE POS-

SIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL REALITYWORKS OR SUCH OTHER PARTY’S LIABILITY FOR

ANY DAMAGES OR LOSS TO YOU OR ANY OTHER PARTY EXCEED THE LICENSE FEE PAID FOR THE LICENSED

MATERIALS.

GENERAL. If any provision of this Agreement is determined to be invalid or unenforceable under any applicable law,

it shall be deemed omitted and the remaining provisions shall continue in full force and effect. This Agreement may be

modified only in writing authorized by Realityworks. Realityworks’ waiver of any right shall not constitute a waiver of that or

any other right in the future. This Agreement shall be governed by and construed in accordance with the laws and in the

state and federal courts of the State of Wisconsin.

This Agreement constitutes the entire understanding between the parties with respect to the subject matter hereof, and all

prior agreements, representations, statements, and undertakings, oral or written, are hereby expressly superseded and

canceled.

End User License Agreement

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Real Care Baby II-plus User Manual Page 50

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