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TERMS AND CONDITIONS
REGARDING USE OF VAXMANAGER SOFTWARE

This document concerns your use of E-Ceptionist Inc's. VaxManager software, which includes computer software provided to you as described below, and may include associated media, printed materials, and "online" or electronic documentation ("VAXMANAGER SOFTWARE"). Your use of the VAXMANAGER SOFTWARE is subject to the terms of the VaxManager Services Agreement between VAXMANAGER SOFTWARE CUSTOMER ("Customer") with whom provided you access to the VAXMANAGER SOFTWARE and E-Ceptionist, Inc. ("E-Ceptionist"). Your right to use the VAXMANAGER SOFTWARE is subject to your agreement with E-CEPTIONIST, and to your understanding of, compliance with and consent to the following terms and conditions in this schedule.

1. DEFINITIONS.
  • "Eceptionist Client Software" means any part of the VAXMANAGER SOFTWARE that allows a Hardware Device to access or utilize the services or functionality provided by the Eceptionist Server Software. An example of the Eceptionist Client Software would be the Eceptionist Lite tool.
  • "Hardware Device" means each of a computer, workstation, terminal, hardware server, handheld PC, pager, telephone, personal digital assistant, "smart phone," or other electronic device.
  • "Eceptionist Server Software" means software that provides services or functionality on a computer acting as a server. The Eceptionist Server Software provides a service to users by way of the Eceptionist Website.
  • "VAXMANAGER SOFTWARE" means either Eceptionist Client Software or Eceptionist Server Software, or both.
  • "VAXMANAGER Website" means the website where users of Eceptionist go to access the functions and features of the VAXMANAGER SOFTWARE.
2. OWNERSHIP OF VAXMANAGER SOFTWARE. All title and intellectual property rights in and to the VAXMANAGER SOFTWARE are owned by E-Ceptionist or its suppliers. The VAXMANAGER SOFTWARE is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. Your possession, access, or use of the VAXMANAGER SOFTWARE does not transfer any ownership of the VAXMANAGER SOFTWARE or any intellectual property rights to you.

3. USE RESTRICTIONS. In using the VAXMANAGER SOFTWARE, you acknowledge and agree that the VAXMANAGER SOFTWARE is licensed to Customer by E-Ceptionist and is subject to your use in accordance with the requirements of the E-Ceptionist License and Service Agreement. This license is a limited, non-exclusive, non-assignable and non-transferable license

4. USE OF ECEPTIONIST CLIENT SOFTWARE. Any Eceptionist Client Software installed on your Hardware Devices may be used only in accordance with the instructions, and only in connection with the services, provided to you for the duration of the term of the Agreement between E-Ceptionist and CUSTOMER.

5. USE OF ECEPTIONIST SERVER SOFTWARE. Any Eceptionist Server Software installed on your Hardware Devices may be used and accessed only in accordance with the instructions, and only in connection with the services, provided to you and only for the duration of the term of the Agreement between E-Ceptionist and CUSTOMER.

6. USE OF VAXMANAGER WEBSITE. Only users who have been issued a user id and password are granted a license by E-Ceptionist to access the VaxManager Web site. This license is a limited, non-exclusive, non-assignable and non-transferable license to access and use the VaxManager Web site according to the terms and conditions of this Agreement. Use of the VaxManager Website is limited to the duration of the term of the Agreement between E-Ceptionist and CUSTOMER.

7. COPIES. You may not make any copies of the VAXMANAGER SOFTWARE. You may not copy any printed materials accompanying the VAXMANAGER SOFTWARE.

8. LIMITATIONS ON REVERSE ENGINEERING, DECOMPILATION AND DISASSEMBLY. You may not reverse engineer, decompile, or disassemble the VAXMANAGER SOFTWARE, except and only to the extent that applicable law, notwithstanding this limitation expressly permits such activity.

9. NO RENTAL. You may not rent, lease, lend, pledge, or directly or indirectly transfer or distribute the VAXMANAGER SOFTWARE to any third party, and you may not permit any third party to have access to and/or use the functionality of the VAXMANAGER SOFTWARE.

10. PRODUCT SUPPORT. All product support for the VAXMANAGER SOFTWARE is provided to you by E-Ceptionist and/or Company.

11. NO WARRANTIES, LIABILITIES OR REMEDIES BY E-CEPTIONIST. NO WARRANTIES, LIABILITY FOR DAMAGES AND REMEDIES ARE PROVIDED TO YOU BY E-CEPTIONIST OR ITS AFFILIATES.

12. NOT FAULT TOLERANT. THE VAXMANAGER SOFTWARE MAY CONTAIN TECHNOLOGY THAT IS NOT FAULT TOLERANT AND IS NOT DESIGNED, MANUFACTURED, OR INTENDED FOR USE IN ENVIRONMENTS OR APPLICATIONS IN WHICH THE FAILURE OF THE VAXMANAGER SOFTWARE PRODUCTS COULD LEAD TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL, PROPERTY OR ENVIRONMENTAL DAMAGE

13. EXPORT RESTRICTIONS. The VAXMANAGER SOFTWARE is of U.S. origin for purposes of U.S. export control laws. You agree to comply with all applicable international and national laws that apply to the VAXMANAGER SOFTWARE, including the U.S. Export Administration Regulations, as well as end-user, end use and destination restrictions issued by U.S. and other governments.

14. LIABILITY FOR BREACH. You agree that you will also be legally responsible directly to E-Ceptionist for any breach of these terms and conditions.

15. TERMINATION. Without prejudice to any other rights, E-Ceptionist may terminate your rights to use the VAXMANAGER SOFTWARE if you fail to comply with these terms and conditions. In the event of termination or cancellation, you must stop using and/or accessing the VAXMANAGER SOFTWARE, and destroy all copies of the VAXMANAGER SOFTWARE and all of its component parts.

16. BENCHMARKING. You agree that E-Ceptionist may use your aggregated anonymous data for benchmarking publication purposes. This involves the profiling of similar organizations (based on size and market served). To ensure anonymity, benchmarking will only be published where there are more than five organisations that fit the profile for the published data.

17. SUBMISSIONS. If you send us suggestions, ideas, notes, computer programs, data, drawings, concepts or other information of any kind (collectively, the "Submitted Data"), the Submitted Data shall be deemed, and shall remain, the sole and absolute property of E-Ceptionist. None of the Submitted Data shall be subject to any obligation of confidence on the part of E-Ceptionist, nor shall E-Ceptionist be liable for any use or disclosure of any Submitted Data. E-Ceptionist shall be entitled to unrestricted use of the Submitted Data for any purpose whatsoever, commercial or otherwise, without compensation to you. Unless otherwise provided, you hereby grant to E-Ceptionist and their affiliates a worldwide, royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display any Submitted Data sent by you (in whole or in part) and to incorporate it in other works in any form, media or technology now known or later developed.


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