"Quality in a service or product is not what you put into it. It is what the client or customer gets out of it."
PETER DRUCKER
User End Agreement
By installing this database product, you agree, without limitation or qualification, to all the terms and conditions as stated in this user agreement. DarkStone Data may amend or modify this Agreement or impose new conditions at any time upon inclusion of a notice on this site, signifying that the Agreement has been updated. Use of this after the effective date of such notice shall constitute acceptance by you of the amended conditions.
License Restrictions
PLEASE READ AND ACCEPT THIS LICENSE AGREEMENT WHEN SUBMITTING YOUR ORDER. REVIEW THE TERMS AND CONDITIONS OF THIS LICENSE AGREEMENT CAREFULLY BEFORE ACCEPTING IT. THIS LICENSE AGREEMENT REPRESENTS THE ENTIRE AGREEMENT BETWEEN YOU (the "Licensee" -- either an individual or an entity) AND DarkStone Data (the "Author") CONCERNING THE COMPUTER SOFTWARE, BUILT FOR "SERIES", (the "Software"), CUSTOMER MANAGEMENT, (the "Software"), COLLECTIONS, (the "Software"), AND ANY ACCOMPANYING MATERIALS (the "Documentation").
OWNERSHIP OF THE SOFTWARE
Copyrights:
All rights to the Software and Documentation are owned by the Author. The Author claims all rights under Canadian copyright laws and other provisional laws relating to software or intellectual property, laws of other nations, and international treaties.
SCOPE AND USE OF THE LICENSE
Additional terms and conditions relevant to your requested license type are detailed in a specific attachment to this general license. These terms and conditions govern the number and kind of users (single versus multiple, designated versus concurrent, etc), the nature of use (profit versus non-profit, commercial versus academic, etc), and the number and kind of installation sites (network server versus workstations, etc). You must also read and accept the attachment for the specific license type you have chosen.
GENERAL RESTRICTIONS
You may not re-compile, translate, or convert any of the files contained in the Software for use with any non-Author software. You may not attempt to obtain the source code of any portions of the Software not provided in source code form, in whole or in part, by reverse engineering, decompilation, or disassembly. You may make a copy of the Software only for backup or archival purposes. Each tangible and on-disk copy of the Software and Documentation shall contain all copyright and proprietary notices in the originals. Documentation provided with the Software may not be copied. You may not give, lend, rent, lease or sell the Software. You may develop any application incorporating the Software or make any desired modifications of the Software for your own personal use but you may not give, lend, rent, lease, or sell any of these applications or modifications to any recipient who does not have a valid license to use the original DarkStone Data Software, or without first obtaining a separate license from the Author to distribute your applications or modifications. Licensee shall take appropriate action by instruction, agreement, or otherwise with any persons permitted access to the Software, so that all such persons satisfy the restrictions and obligations of this Agreement.
LIMITATION OF REMEDIES
For a period of thirty (30) days from delivery, Author warrants that the Software will substantially conform to the description of such Software's operation in the Documentation. In the event that the Software does not operate as warranted, your exclusive remedy and Author's sole responsibility under this warranty shall be at Author's option (a) the correction or workaround by Author of substantial defects within a reasonable time, or (b) termination of the License and refund of the license fee paid to Author for the Software. THE FOREGOING WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE. AUTHOR SHALL NOT BE LIABLE FOR ANY SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, INCLUDING WITHOUT LIMITATION LOST PROFITS. Licensee accepts full responsibility for its use of the Software and the results obtained therefrom.
LIMITATION OF LIABILITIES
IN NO EVENT SHALL AUTHOR'S LIABILITY FOR DAMAGES FROM ANY AND ALL CAUSES WHATSOEVER WHETHER IN CONTRACT OR IN TORT OR OTHERWISE, INCLUDING NEGLIGENCE, IN THE AGGREGATE, EXCEED THE AMOUNT OF THE LICENSE FEE PAID BY LICENSEE UNDER THIS AGREEMENT. Furthermore, you agree to indemnify and hold the Author harmless for any damages brought against you by third parties including patients receiving clinical care and treatment that may arise in connection with using the Software.
GENERAL PROVISIONS
Licensee may not assign this License without written consent of Author. All provisions regarding exclusion of warranty, limitation of liability, and protection of Author's proprietary rights and trade secrets, shall survive termination of this Agreement, as shall all provisions regarding payment of amounts due at the time of termination. Should Licensee install the Software outside Canada, Licensee shall comply fully with all applicable laws and regulations relating to export of technical data and to all local law. This Agreement contains the entire understanding of the parties and may be modified only by written instrument signed by both parties.
If you do not accept the terms of this agreement, contact the Author at staff@darkstonedata.com to discuss an alternative license agreement.
Specific License Attachments
Designated Commercial Users
Download Agreement
You may use this application for personal or business use but AT YOUR OWN RISK.
This download agreement applies toward any database, application, or software downloaded from us, purchased from us, or created by us:
Database applications are provided without warranties of any kind, whether expressed or implied. Programs are provided without warranties as to performance or merchantability of this program.
Databases may be modified for OWN usage, but not redistributed in any way, shape, or form. In any case, Copyright and download agreement information must be kept in place.
This database application may not be redistributed or sold in any way, shape or form without permission from DarkStone Data.
Under no circumstances and under no legal theory whether in DarkStone Data, DarkStone Data.Com, PICasso Gifts and Things and their licensors, distributors, dealers, suppliers, investors, employees, or directors be liable to you or any other person for any direct, indirect, special, incidental or consequential damages of any character including without limitation damages for loss of goodwill, work stoppage, computer failure or malfunction or any and all other commercial damages or losses even if DarkStone Data shall have been informed of the possibility of such damages or for any claim by any other party. Further, in no event shall DarkStone Data's liability under any provision of this agreement exceed the purchased price.
You expressly acknowledge and agree that use of the database is at your sole risk and that the entire risk as to satisfactory quality, performance, accuracy and effort is with you. The database are provided "AS IS" with all faults and without warranty of any kind and DarkStone Data, DarkStone Data.Com, PICasso Gifts and Things hereby disclaim all warranties and conditions with respect to the database, 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, of quiet enjoyment, and non-infringement of the third party rights. DarkStone Data, DarkStone Data.Com, PICasso Gifts and Things do not warrant against interference with your enjoyment of the database or application, that the functions contained in the database with meet your requirements, that the operation of the database will be uninterrupted or error-free, or that defects in the database will be corrected. No oral or written information or advice given by DarkStone Data, DarkStone Data.Com, PICasso Gifts and Things, or an authorized representative of these parties shall create a warranty. Should the database prove defective, you assume the entire cost of all necessary servicing, repair, or correction.
By downloading, installing or using this application you agree to indemnify the author, DarkStone Data, DarkStone Data.Com, PICasso Gifts and Things, and all other parties involved from any loss or damage incurred by this application no matter how it was caused. The application is provided "AS IS". We make no guarantees about this application. We do not guarantee technical support. We reserve the right to terminate the license, to use the application for any reason, or for no good reason at all. We reserve the right to change the TOS at any time without notice. We reserve all rights to the application.
If you do not agree to the above statements you do not have permission to use this application, database, or software.
