Contraceptive Technology
 
 
 

 

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SINGLE-USER CD-ROM PURCHASER AGREEMENT

Before accessing this CD-ROM, carefully read the following terms and conditions. This agreement is a legal contract.

The product, software, data and documentation in this package are provided to you ("User") on the condition that you agree with Ardent Media, Inc. ("AMI") to the terms and conditions set forth in this license agreement ("Agreement"). You will be bound by the terms and conditions of this agreement if you access the CD-ROM. If you do not agree with the terms and conditions contained in this agreement or do not want them to be binding on you, return the entire product including the book to which the CD-ROM is affixed, if purchased together, with the sealed package still intact, along with any receipt, to the place you purchased it. Your purchase price, if any, will be refunded.

1. LICENSE AMI grants, and the User hereby accepts, a nonexclusive, nontransferable license at no charge to use the software,
data and documentation contained in this CD-ROM of Contraceptive Technology 19th edition (the "Product") on the terms and conditions set forth in this Agreement. The license granted hereunder authorizes the User to use the Product for the UserĂ¢??s personal use only, including counseling clients or patients individually, not in a group or classroom setting such as, without limitation, seminars, workshops or lectures.

2. COPYRIGHT AND RESTRICTIONS Copyright in and to the Product is and shall remain the sole property of Contraceptive Technology Communications, Inc. None of the content thereof, or any update thereof, may be altered, re-engineered, reproduced, transcribed, stored in a retrieval system, translated into any language or computer language, transmitted in any form or by any means (electronic, mechanical, photocopied, recorded, or otherwise), used to create compilations or derivative works, resold, or redistributed without the prior written consent of AMI, holder of the publishing and distribution rights, except that the User may make one copy of the software for backup purposes, and may reproduce limited excerpts of the data for personal use only as specified in this Agreement.

3. PROTECTION AND SECURITY The User shall take all responsible steps to safeguard its copy of the Product. The User shall ensure that no other person or entity shall have access to the Product and that no copy of all or any part of it is made in any form except as specified in this Agreement.

4. WARRANTIES AND DISCLAIMERS For a period of ninety (90) days from the date the Product is received by the User, AMI warrants that the media will be free from defects in material and workmanship and will be of a quality suitable to provide access to the Product. The sole obligation of AMI under the warranty set forth above is to replace the non-conforming media, within a reasonable time. AMI warrants that the information contained in the Product has been obtained from what it believes are reliable sources. However, except as set forth above, the Product is provided "as is", and no representation or warranty, express or implied, including, without limitation, any warranty of merchantability or fitness for a particular purpose whatsoever is made regarding the product. AMI makes no warranty that the product will perform without interruption or free from errors. AMI shall not be liable for any damage or loss, whether direct, indirect or consequential, arising from or caused by use of reliance on any information contained in the Product, even if AMI has been previously advised of the possibility of such damages or losses. In any action against AMI arising out of, related to, or in any way connected with this Agreement or with respect to the Product, User shall not be entitled to recover any sum as damages, reimbursement, contribution, indemnity or otherwise, in excess of the total of all payments, if any, made by User to AMI under this Agreement during the twelve (12) months immediately preceding the date on which the claim arose.

The information contained in this Product is intended to be used by physicians and other qualified healthcare professionals. The information is not intended to be used for medical diagnosis or treatment by persons who are not qualified healthcare professionals. Such Users should not rely upon or use the information contained herein in place of a visit, call, or consultation with, or the advice of their personal physician or other qualified healthcare provider. Physicians and other qualified healthcare professional Users should recognize that this Product is to be used only as a reference aid, and that it is not intended to be a substitute for their exercise of professional judgment. Since medical science is always changing, physicians and other qualified healthcare professional Users are advised to confirm the information contained herein with an independent source. The authors, reviewers and AMI are not liable for errors and omissions.

5. GENERAL This Agreement shall be binding upon User. The rights and obligations of User hereunder may not be transferred, sublicensed or assigned to any other person, entity or individual without the express written approval of AMI. This Agreement constitutes the entire understanding between AMI and User with respect to the subject matter of this Agreement. This Agreement shall not be modified, amended or changed except by a writing signed by both parties, except AMI reserves the right to revise the terms and conditions of this Agreement in connection with future updates, if any, of the Product. Such revisions, if any, shall be binding on User unless User objects in writing to the revised terms and conditions within ten (10) business days of shipment of any update. This Agreement shall be construed in accordance with the laws of the State of New York without giving effect to any body of law or precedent relating to conflicts of laws. In the event that any provision of this Agreement is determined to be invalid, void, or unenforceable, the remainder of this Agreement shall remain valid and enforceable according to its terms. Any controversy or claim arising out of or relating to this contract, or the breach thereof, shall be settled by arbitration administered by the American Arbitration Association in New York, NY by one arbitrator, under its Commercial Arbitration Rules or Procedures for Consumer-related Disputes. Judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.

The Product is provided to the Federal government and its agency with RESTRICTED RIGHTS. USE, DUPLICATION OR DISCLOSURE BY THE GOVERNMENT IS SUBJECT TO RESTRICTIONS SET FORTH IN SUB-PARAGRAPH (c)(1)(ii) OF THE RIGHTS IN TECHNICAL DATA AND COMPUTER SOFTWARE CLAUSE AND DFARS 252.227-7013 OR SUB-PARAGRAPHS (c)(1) OR (2) OF THE RESTRICTED RIGHTS AT 48 CFR 52.227-19, AS APPLICABLE. Contractor is Ardent Media, Inc. Box 286, Cooper Station P.O., New York, NY. 10276-0286