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Auditmaker
READ THIS AGREEMENT CAREFULLY
This is the Licence Agreement referred to on
the website.
By downloading the Software, following notification
of this Licence Agreement you are legally bound by these terms.
HOWEVER if the Licence Agreement contains anything of which you
were not aware prior to downloading the Product or do not agree
to be bound by, DO NOT INSTALL THE Software and return the download
to us. By installing the Software you are confirming that you
have accepted the Software and the Licence Agreement and are bound
by these terms.
1. Intellectual Property Ownership
- This Licence Agreement relates to the Auditmaker®, database
development tool, comprising software and related documentation
(hereinafter 'the Software').
- The Software is copyright Sepehr Shakib (c) 2002, and all
rights are reserved. The copyright and any related intellectual
property are protected under copyright law and related treaties
in all territories. Sepehr Shakib asserts the moral right
to be identified as the author of this Software.
- The Software is published by the Australian Centre for Evidence
Based Clinical Practice (ACEBCP). Auditmaker®, Auditmaker™,
and the Auditmaker logo are trademarks of ACEBCP.
- The Software operates on the Access® software platform,
published by Microsoft Corporation, which is the copyright
of Microsoft Corporation. Access®™, the Access logo,
Microsoft®™ and the Microsoft logo are trademarks
of Microsoft. Nothing in these terms operates to grant the
Registered User any rights in relation to Microsoft products
or trademarks whatsoever, and it is a requirement of this
Licence Agreement that the Registered User have a current
licensed copy of Microsoft Access, only use the Software in
relation to a current licensed copy of Microsoft Access, and
not otherwise use the Software in any way which may infringe
upon the copyright, trademarks or other intellectual property
of Microsoft Corporation.
2. Scope of Licence: We, the publisher
of the Software, hereby grant to you, the original Registered
User, a paid-up, individual, nonexclusive and non-transferable
Licence to use the Software subject to the terms and conditions
of this Licence Agreement.
- Single Computer Network: You may use the Software on only
one computer network that you own or operate at a single physical
location and only then in respect of data files created by
you or by another Registered User. You may transfer the Software
from one computer to another that you own or operate on this
network provided that you do not use or permit the usage of
the Software on more than the licensed number of computers
or computer terminals at a time, nor permit the usage of the
Program by more than one network at anyone time, nor permit
the Software to be used in respect of data files not created
by you or by another Registered User.
- Copies: You may not copy or duplicate the Software, except
as necessary solely for archival purposes, Software error
verification or to replace defective storage media, and provided
you keep the original and the copies. You may not alter, decompile
or disassemble: the Software. You may not make copies of any
documentation, which we may provide with the Software
- Transfers: You may not sub-license, lease, rent or lend
the Software or otherwise transfer any of your rights under
this License Agreement.
- Term: The rights granted in this Licence Agreement are
effective until terminated. You may terminate it at any time
by destroying the Software, together with all copies, or by
returning them to us. If you fail to comply with any term
or condition of this Licence Agreement, this Licence Agreement
will terminate and, upon any such termination, you agree to
destroy the Software, together with all copies, or to return
them to us. Termination of this Licence Agreement shall be
in addition to, and not in lieu of, any other remedies available
to us.
- Protection and Security: You agree to use your best endeavours
and to take all reasonable steps to safeguard the Software
and ensure that no unauthorised person has access to the Software
and that there is no unauthorised copying or distribution
of the Software.
3. Acknowledgement and Preservation of Terms
- It is a requirement of this Licence Agreement that you acknowledge
the use of the Software in any publication or presentation
of information that has been derived by you in using the Software.
The acknowledgement shall be in the form of "Prepared
using AuditMaker® clinical database development tool,
published by ACEBCP".
- It is a requirement of this Licence Agreement that you
not interfere with, alter or mask any copyright notice, name
or logo, trademark designation appearing on or in the Software.
- It is a requirement of this Licence Agreement that you
not alter, amend, vary or delete these terms, or any reference
to or representation of these terms, as they appear in the
Software.
- It is a requirement of this Licence Agreement that you
give permission to the ACEBCP to display the title/nature
of your audit, together with the name of the Institution in
which it is being conducted and the name and contact details
of the principle investigator/auditor on the ACEBCP web site.
4. Disclaimer
- The Software is provided free of charge to Registered Users.
We do not warrant that the Software is error free, nor do
we warrant that it is suitable for any application or purpose.
The Software is provided 'as is', and you are assuming the
entire risk as to its quality and performance. It is your
responsibility to verify the results obtained from the use
of the Software.
- In the event that you encounter any problem in downloading
or operating the Software, we will allow you to download the
Software again. This is your sole remedy. In no event will
we be liable to any person for any direct, indirect, special,
incremental, consequential or similar damages arising whatsoever,
even if we have been advised, or should reasonably have been
aware, of the possibility of such damages.
- Some jurisdictions do not allow the exclusion or limitation
of warranties or liabilities in some cases, so the above limitations
or exclusions may not apply to you. This warranty gives you
specific legal rights and you may also have other rights that
vary from jurisdiction to jurisdiction. In the event that
any of the above limitations or exclusions are unenforceable
in your jurisdiction, then our total liability shall not exceed
the amount of any fee paid by you under this Licence Agreement.
If this limitation is unenforceable in your jurisdiction,
then the Software is not available for licence by Registered
Users in your jurisdiction and you should destroy the Software,
and any copies, or return them to us now.
5. Entire Agreement
- This Licence Agreement constitutes the entire agreement
between us and you, the Registered User, and any prior representations,
statements or undertakings, howsoever made are expressly cancelled.
No amendment or modification to this Licence Agreement shall
be valid unless it is in writing, expressly referring to these
terms, and is signed by an authorised representative of us.
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