TERMS AND CONDITIONS OF SOFTWARE USE
This page states the Terms and Conditions under which the Software may be used. Please read this page carefully because the terms and conditions are binding on you. If the Terms and conditions are not acceptable do not use the Software for any purpose.
This Software was designed for use by academics, students, patients, lecturers and physicians for the purpose of enhancing the understanding and teaching of medical issues and procedures. It should not be used as a substitute for the proper training and licenses that are required to perform medical procedures. It cannot be used for any commercial purpose without the written consent of BioDigital Systems.
BioDigital Systems may revise these Terms and Conditions at any time. Please contact us to review the Terms and Conditions, because they are binding on the user.
Section 1. Use of Material.
BioDigital Systems authorizes you to use a single copy of the material in this Software solely for your personal, noncommercial use. The contents of this Software, such as text, graphics, images and other material ("Material", are protected by copyright under both United States and foreign laws. Unauthorized use of the Material may violate copyright, trademark, and other laws. You may not sell or modify the Material or reproduce, display, publicly perform, distribute, or otherwise use the Material in any way for any public or commercial purpose. The use of the Material on any Web site, textbook, CD, DVD or in a 'for profit' environment for any purpose is prohibited without the written consent of BioDigital Systems. If you violate any of these Terms, your permission to use the Material automatically terminates and you must immediately destroy any copies of the Material.
Section 2. Company's Liability.
The Material may contain inaccuracies or typographical errors. BioDigital Systems makes no representations about the accuracy, reliability, completeness, or timeliness of the Material or about the results to be obtained from using the Software and the Material. The use the Software and the Material is at your own risk. The software is for educational and entertainment purposes only and the user agrees to indemnify BioDigital Systems from any legal action pertaining to the improper use of this software. Third parties provided some of the Software content. BioDigital Systems is not responsible for the content of material provided by third parties.
BIODIGITAL SYSTEMS DOES NOT WARRANT THAT THE SOFTWARE WILL OPERATE ERROR- FREE OR THAT THIS SOFTWARE IS FREE OF COMPUTER VIRUSES AND OTHER HARMFUL GOODS. IF YOUR USE OF THE SOFTWARE OR THE MATERIAL RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, BIODIGITAL SYSTEMS IS NOT RESPONSIBLE FOR THOSE COSTS. THE SOFTWARE AND MATERIAL ARE PROVIDED ON AN 'AS IS' BASIS WITHOUT ANY WARRANTIES OF ANY KIND. THE COMPANY AND ITS SUPPLIERS, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIM ALL WARRANTIES, INCLUDING THE WARRANTY OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES RIGHTS, AND THE WARRANTY OF FITNESS FOR PARTICULAR PURPOSE. COMPANY AND ITS SUPPLIERS MAKE NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE MATERIAL, SERVICES, SOFTWARE TEXT, GRAPHICS, AND LINKS.
Section 3. Disclaimer of Consequential Damages.
IN NO EVENT SHALL BIODIGITAL SYSTEMS, ITS SUPPLIERS, OR ANY THIRD PARTIES MENTIONED IN THIS SOFTWARE BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OR INABILITY TO USE THIS SOFTWARE AND THE MATERIAL, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT BIODIGITAL SYSTEMS IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Section 4. User Submissions.
Generally, any communication which you post to BioDigital Systems is considered to be non-confidential. If particular Software pages permit the submission of communications which will be treated by Company as confidential, that fact will be stated in "Legal Notices" on those pages.
Section 5. Links to Other Sites.
The Software may contain links to third parties. These links are provided solely as a convenience to you and not as an endorsement by BioDigital Systems of the contents on such third-party. BioDigital Systems is not responsible for the content of linked third-parties and does not make any representations regarding the content or accuracy of materials on such third parties. If you decide to access linked third-parties, you do so at your own risk.
Section 6. Limitation of Liability.
Unless otherwise expressly provided in a Software License or Legal Notice, the aggregate liability for BioDigital Systems to you for all claims arising from the use of the Materials (including Software) is limited to $.01.
Section 7. Indemnity.
You agree to defend, indemnify, and hold harmless BioDigital Systems, its officers, directors, employees and agents, from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees, alleging or resulting from your use or misuse of the Material (including Software) or your breach of the terms of this Agreement. BioDigital Systems shall provide notice to you promptly of any such claim, suit, or proceeding and shall assist you, at your expense, in defending any such claim, suit or proceeding.
Section 8. User Information.
BioDigital Systems may use the information it obtains relating to you, including your IP address, name, mailing address, email address and use of the Software, for its internal business and marketing purposes and may disclose the information to third parties for such purposes.
Section II. General.
BioDigital Systems is based in New York, NY. The Company makes no claims that the Materials are appropriate or may be downloaded outside of the United States. Access to the Materials (including Software) may not be legal by certain persons or in certain countries, lf you use the Software outside of the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction. This Agreement is governed by the internal substantive laws of the state of New York, without respect to its conflict of laws principles. If any provision of this Agreement is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect. No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term. Except as expressly provided in a particular "Legal Notice" or Software License or material on particular pages, this Agreement constitutes the entire Agreement between you and BioDigital Systems with respect to the use of the Software. Any changes to this Agreement must be made in writing and signed by an authorized representative of the Company.
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