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SOFTWARE PRODUCTS: LICENSE AGREEMENT BY INSTALLING, COPYING, OR OTHERWISE USING WAVE MEDICAL SOFTWARE PRODUCTS YOU AGREE TO BE BOUND BY ALL THE TERMS AND CONDITIONS OF THIS LICENSE AGREEMENT. WAVE MEDICAL SOFTWARE LICENSE AGREEMENT: THIS WAVE MEDICAL PRODUCT SOFTWARE LICENSE AGREEMENT (AGREEMENT) IS A LEGAL AGREEMENT BETWEEN YOU AND WAVE MEDICAL FOR THE WAVE MEDICAL PRODUCT PURCHASED OR CONTAINED HEREIN (SOFTWARE PRODUCT). READ THIS AGREEMENT CAREFULLY BEFORE USING THIS PRODUCT. THIS LICENSE AGREEMENT IS PROOF OF YOUR LICENSE TO EXERCISE THE RIGHTS GRANTED HEREIN AND MUST BE RETAINED BY YOU. BY INSTALLING, COPYING, OR OTHERWISE USING THIS SOFTWARE PRODUCT YOU AGREE TO BE BOUND BY ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT. Grant of License WAVE MEDICAL agrees to grant you a non-exclusive, non-transferable license to use the SOFTWARE PRODUCT for the duration of your subscription period and for the following purposes only: Software. You may install and use one copy of the SOFTWARE PRODUCT, for the same operating system, on a single computer and a single handheld computing device. The primary user of the computer on which the SOFTWARE PRODUCT is installed may make a second copy for backup purposes only. Storage/Network Use. You may install and use one copy of the SOFTWARE PRODUCT on a storage device such as a network server, used only to install or run the SOFTWARE PRODUCT on your other computers over an internal network; however you must acquire and dedicate a license for each separate computer on which the SOFTWARE PRODUCT is installed or run from the storage device. A license for the SOFTWARE PRODUCT may not be shared or used concurrently on different computers. Site License Pack. If you have acquired this Agreement as a Site License Pack, you may make the number of additional copies of the computer software portion of the SOFTWARE PRODUCT authorized on the printed copy of this AGREEMENT and you may use each copy in the manner specified above. Any other copying of the SOFTWARE PRODUCT, including modifications of the SOFTWARE PRODUCT is expressly forbidden. You may be held legally responsible for any copyright infringement that is caused or encouraged by your failure to comply with the terms of this License. Copyright The SOFTWARE PRODUCT accompanying this agreement is an original work of authorship in electronic form. All rights, including all copyrights to the SOFTWARE PRODUCT are owned by WAVE MEDICAL. Except in accordance with the specific terms of this License Agreement, the SOFTWARE PRODUCT may not be reproduced in any form without the prior written consent of WAVE MEDICAL, 69 WIGMORE STREET, LONDON W1U 1PZ, ENGLAND. Description of Other Rights and Limitations Transfer Restrictions: The SOFTWARE PRODUCT is licensed only to you and may not be transferred to anyone without WAVE MEDICALs prior written consent. Any authorized transfer of the SOFTWARE PRODUCT shall be subject to the provisions of this Agreement. In no event may you transfer, assign, rent, lease, sell or otherwise dispose of the SOFTWARE PRODUCT on a permanent or temporary basis except as expressly provided herein. Use Restrictions: You may physically transfer the SOFTWARE PRODUCT from one computer to another provided that the SOFTWARE PRODUCT is used on only one computer at a time. You may not electronically transfer the SOFTWARE PRODUCT from one computer to another over a network. You may not distribute copies of the SOFTWARE PRODUCT or the accompanying manuals to others. You may not modify, adapt, translate, reverse engineer, decompile, disassemble, or create derivative works based upon the Software without WAVE MEDICALs consent. Update Policy WAVE MEDICAL may create, from time to time, an updated version of the SOFTWARE PRODUCT. Access to updated information via the Internet and through synchronization is included with the purchase of the subscription for the duration of the subscription period. This Agreement and License therein contained will be applicable to such updated version of the SOFTWARE PRODUCT. WAVE MEDICAL shall notify you of the updated version of the SOFTWARE PRODUCT and, upon your request, WAVE MEDICAL shall make available to you the updated software version of the SOFTWARE PRODUCT on an approval basis. This Agreement and License therein contained will be applicable to such updated version of the SOFTWARE PRODUCT. Disclaimer of Warranty and Limited Warranty THE SOFTWARE PRODUCT AND ACCOMPANYING MANUAL ARE PROVIDED AS IS WITHOUT WARRANTY OF ANY KIND. FURTHER, WAVE MEDICAL DOES NOT WARRANT, GUARANTEE, OR MAKE ANY REPRESENTATIONS REGARDING THE USE, OR THE RESULTS OF THE USE, OF THE SOFTWARE OR THE ACCOMPANYING MANUAL IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY, CURRENTNESS, OR OTHERWISE. USER BEARS THE ENTIRE RISK AS TO THE RESULTS AND PERFORMANCE OF THE SOFTWARE. WAVE MEDICALS ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY SHALL BE LIMITED TO THE REPAIR OR REPLACEMENT OF THE SOFTWARE PRODUCT THAT DOES NOT MEET WAVE MEDICAL, LLCS LIMITED WARRANTY AND WHICH IS RETURNED TO WAVE MEDICAL WITH A COPY OF YOUR RECEIPT. THE LIMITED WARRANTY IS VOID IF FAILURE OF THE DATABASE HAS RESULTED FROM ACCIDENT, ABUSE, OR MISAPPLICATION. ANY REPLACEMENT DATABASE WILL BE WARRANTED FOR THE REMAINDER OF THE ORIGINAL WARRANTY OR THIRTY (30) DAYS, WHICHEVER IS LONGER. THE ABOVE ARE THE ONLY WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE, THAT ARE MADE BY WAVE MEDICAL, LLC. NO ORAL OR WRITTEN ADVICE OR INFORMATION GIVEN BY WAVE MEDICAL, LLC CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THIS WARRANTY, AND YOU MAY NOT RELY UPON SUCH ADVICE OR INFORMATION. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE. General Liability NEITHER WAVE MEDICAL NOR ANYONE ELSE WHO HAS BEEN INVOLVED IN THE CREATION, PRODUCTION, OR DELIVERY OF THE SOFTWARE OR THE ACCOMPANYING MANUAL SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, OR INCIDENTAL DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, AND THE LIKE, ARISING OUT OF THE USE OR INABILITY TO USE THE SOFTWARE EVEN IF WAVE MEDICAL, LLC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CONSEQUENTIAL DAMAGES, AND, THUS, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. Termination This Agreement is effective until terminated by the expiration of your subscription. This Agreement will automatically terminate without notice from WAVE MEDICAL if you fail to comply with any provision of this Agreement. General Provisions - This Agreement shall be governed by the laws of the State of Illinois. - This Agreement is the entire agreement between you and WAVE MEDICAL and supersedes any other communications or advertising with respect to the SOFTWARE PRODUCT. - If any provision of the Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect. Trademarks All of the WAVE MEDICAL trademarks, logos, and service marks (collectively the Trademarks) displayed on the Site are registered and unregistered Trademarks used by WAVE MEDICAL and its subsidiaries and affiliates. Marks of third parties may appear on this Site to refer to those companies goods and services and are the property of their respective owners. Nothing contained on the Site should be construed as granting any license or right to use any mark displayed on the Site without the written permission of WAVE MEDICAL or such third party that may own the marks displayed on the Site. WAVE MEDICAL trademarks include, but are not limited to, the following: WAVE MEDICAL, WAVE MEDICAL, WAVE MEDICAL RN Pro, WAVE RN Pro WAVE MEDICAL RN Professional, WAVE MEDICAL RN Student, WAVE MEDICAL RNS, WAVE RNS, WAVE MEDICAL EM Pro, WAVE MEDICAL EM Professional, WAVE EM Pro, WAVE MEDICAL Emergency Medicine Professional, WAVE MEDICAL Clinical Rotation Companion, WAVE MEDICAL CRC, WAVE CRC , WAVE MEDICAL Primary Pro, WAVE Primary Pro, WAVE MEDICAL Primary Care, WAVE MEDICAL Primary Care Professional, WAVE MEDICAL DRUG Pro, WAVE DRUG Pro, WAVE MEDICAL DRUG Professional, WAVE MEDICAL INTERNATIONAL DRUG Pro, WAVE MEDICAL INTERNATIONAL DRUG Pro, WAVE MEDICAL INTERNATIONAL DRUG Professional, WAVE INTERNATIONAL DRUG Pro, WAVE MEDICAL Knowledge Base, WAVE Knowledge Base, WAVE MEDICAL Knowledge Base for Enterprise Solutions, WAVE MEDICAL WKB, WAVE WKB, WAVE MEDICAL Web Services, WAVE Web Services, WAVE MEDICAL Web Services API, WAVE MEDICAL Online, WAVE Online, WAVE MEDICAL OnCard, WAVE MEDICAL Drug Interactions Generator, WAVE MEDICAL DI, WAVE MEDICAL Laboratory Manual, WAVE MEDICAL LM, WAVE MEDICAL Pediatrics Module, WAVE MEDICAL Paediatrics Module, WAVE MEDICAL PEDS, WAVE MEDICAL Pediatrics Practice, WAVE MEDICAL Anatomy Illustrations Module, WAVE MEDICAL RN Geriatrics, WAVE MEDICAL RN Gerontological, WAVE MEDICAL RN Gero, WAVE MEDICAL RN Womens Health, and WAVE MEDICAL RN WH, are trademarks of WAVE MEDICAL. WEBSITE: TERMS OF USE Please read these terms and conditions carefully. By accessing this web site and any pages hereof, you are indicating that you have read, acknowledge and agree to be bound by these Terms of Use. If you do not agree to these Terms of Use, do not access this web site. WAVE MEDICAL reserves the right to change these Terms of Use which you are responsible for regularly reviewing and your continued use of this web site constitutes agreement to all such changes. As used herein, WAVE MEDICAL means WAVE MEDICAL and its affiliates. General Information This web site is comprised of various web sites operated by WAVE MEDICAL (collectively, the web site). Certain sections of or pages on this web site may contain separate terms and conditions, which are in addition to these Terms of Use. You should read those additional terms and conditions carefully. By accessing such sections or pages, you agree to be bound by those additional terms and conditions. In the event of a conflict, those additional terms and conditions will govern your use of those sections or pages. Unauthorized use of WAVE MEDICALs web site and systems, including, but not limited to, unauthorized entry into WAVE MEDICALs systems, misuse of passwords or misuse of any other information, is strictly prohibited. You may not use this web site in any manner that could damage, disable, overburden, or impair any WAVE MEDICAL site or service or interfere with any other partys use and enjoyment of any WAVE MEDICAL site or service. You may not attempt to gain unauthorized access to any WAVE MEDICAL site or service, computer systems or networks connected to any WAVE MEDICAL site or service, through hacking, password mining or any other means. You agree that you will not engage in any activities related to this web site that are contrary to applicable laws or regulations. WAVE MEDICAL reserves the right, in its sole discretion, without any obligation and without any notice requirement, to change, improve or correct the information, materials and descriptions on this web site and to suspend and/or deny access to this web site for scheduled or unscheduled maintenance, upgrades, improvements or corrections. The information and materials on this web site may contain typographical errors or inaccuracies. Any dated information is published as of its date only, and WAVE MEDICAL does not undertake any obligation or responsibility to update or amend any such information. WAVE MEDICAL may discontinue or change any product or service described in or offered on this web site at any time. Disclaimer of Warranty The information, products and services on this web site are provided on an AS IS, WHERE IS and WHERE AVAILABLE basis. WAVE MEDICAL does not warrant the information or services provided herein or your use of this web site generally, either expressly or impliedly, for any particular purpose and expressly disclaims any implied warranties, including but not limited to, warranties of title, non-infringement, merchantability or fitness for a particular purpose. WAVE MEDICAL will not be responsible for any loss or damage that could result from interception by third parties of any information or services made available to you via this web site. Although the information provided to you on this web site is obtained or compiled from sources we believe to be reliable, WAVE MEDICAL cannot and does not guarantee the accuracy, validity, timeliness or completeness of any information or data made available to you for any particular purpose. Limitation of Liability Neither WAVE MEDICAL, nor any of its affiliates, directors, officers or employees, nor any third party vendor, will be liable or have any responsibility of any kind for any loss or damage that you incur in the event of any failure or interruption of this web site, or resulting from the act or omission of any other party involved in making this web site, the data contained herein or the products or services offered on this web site available to you, or from any other cause relating to your access to, inability to access, or use of the web site or these materials, whether or not the circumstances giving rise to such cause may have been within the control of WAVE MEDICAL or of any vendor providing software or services. In no event will WAVE MEDICAL or any such parties be liable to you, whether in contract or tort, for any direct, special, indirect, consequential or incidental damages or any other damages of any kind even if WAVE MEDICAL or any other such party has been advised of the possibility thereof. This limitation on liability includes, but is not limited to, the transmission of any viruses which may infect a users equipment, failure of mechanical or electronic equipment or communication lines, telephone or other interconnect problems (e.g., you cannot access your internet service provider), unauthorized access, theft, operator errors, strikes or other labor problems or any natural disasters or other Acts of God. WAVE MEDICAL cannot and does not guarantee continuous, uninterrupted or secure access to the web site. Proprietary Rights All right, title and interest in this web site and any content contained herein is the exclusive property of WAVE MEDICAL, except as otherwise stated. Unless otherwise specified, this web site is for your personal and non-commercial use only and you may print, copy and download any information or portion of this web site for your personal use only. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, frame, create derivative works from, transfer, or otherwise use in any other way for commercial or public purposes in whole or in part any information, software, products or services obtained from this web site, except for the purposes expressly provided herein, without WAVE MEDICALs prior written approval. If you copy or download any information or software from this web site, you agree that you will not remove or obscure any copyright or other notices or legends contained in any such information. WAVE MEDICAL, the WAVE MEDICAL logo, WAVE MEDICAL products and service names, logotypes, icons, images and other WAVE MEDICAL copyrights, trademarks and service marks referenced herein are copyrights, trademarks and service marks of WAVE MEDICAL. The names of other companies and third-party products or services mentioned herein may be the trademarks or service marks of their respective owners. You are prohibited from using any marks for any purpose including, but not limited to use as metatags on other pages or sites on the World Wide Web without the written permission of WAVE MEDICAL or such third party, which may own the marks. Links to Third Party Sites This web site may contain links to third party web sites. These links are provided only as a convenience. The inclusion of any link is not and does not imply an affiliation, sponsorship, endorsement, approval, investigation, verification or monitoring by WAVE MEDICAL of any information contained in any third party web site. In no event shall WAVE MEDICAL be responsible for the information contained on that site or your use of or inability to use such site. You should also be aware that the terms and conditions of such site and the sites privacy policy may be different from those applicable to your use of this web site. Use of Communications Any communication that you send to WAVE MEDICAL via this website (a) will not be subject to confidential treatment, (b) may be used by us for any purpose, (c) may be reproduced, disclosed, or distributed by us without restriction or further consent from you, and (d) becomes our property when received by us. The preceding sentence is limited only by the terms of our Privacy Policy. Privacy Policy WAVE MEDICAL respects the privacy of every individual who visits www.WAVEMEDICAL.com or our other websites. WAVE MEDICAL does not collect personally identifiable information from individuals unless provided to us voluntarily and knowingly. Obviously, we will need some personally identifiable information to conduct business and product support through our website. WAVE MEDICAL treats all personally identifiable customer data as confidential business information. WAVE MEDICAL web sites use secure socket layer (SSL) technology and secure server protocol to process credit card transactions. SSL prevents your personally identifiable information from being read by someone else as it travels across the Internet. Among other security measures, all personally identifiable information that you supply in a credit card transaction, including credit card number, name, and address, is encrypted. We utilize 128-bit SSL certificates to offer one of the highest levels of encryption and security possible. This means you can rest assured that communications between your browser and our web servers are private and secure. WAVE MEDICAL uses certain technology on its web sites to collect information from visitors and compiles aggregate statistical information about how visitors use our web sites, including information relating to the frequency of visits, the average length of visits, which pages are viewed during a visit, and the effectiveness of promotions and advertising on our web sites. WAVE MEDICAL uses this information to improve the web site, product content and performance. In addition, cookies allow WAVE MEDICAL to recognize your computer each time you return and verify your registration or password information during a particular session so that you do not have to input such information multiple times as you navigate those areas. Most web browser software allows you to modify your preferences to be notified when a cookie is set, or to reject all cookies. If you choose to reject our cookies, some areas of our web sites may not function properly. WAVE MEDICAL reserves the right to change its privacy policy at any time. Choice of Law These Terms of Use shall be governed by and construed in accordance with the laws of the state of Illinois, without regard to conflicts of laws provisions. Sole and exclusive jurisdiction for any action or proceeding arising out of or related to these Terms of Use shall be in an appropriate state or federal court located in the County of Cook, State of Illinois and the parties unconditionally waive their respective rights to a jury trial or to participate as a named plaintiff in any class action litigation. Any cause of action you may have with respect to your use of this web site must be commenced within one (1) year after the claim or cause of action arises. If for any reason a court of competent jurisdiction finds any provision of these Terms of Use, or a portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to affect the intent of these Terms of Use, and the remainder of these Terms of Use shall continue in full force and effect. These Terms of Use constitutes the entire agreement between WAVE MEDICAL and you with respect to this site and supersede all prior or contemporaneous communications, agreements and understandings between WAVE MEDICAL and you with respect to the subject matter hereof. A printed version of these Terms of Use shall be admissible in judicial or administrative proceedings.

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