USER WARNING

 

The information in all applications provided by The ResQ Shop are compiled from sources believed to be reliable, and exhaustive efforts have been put forth to make the applications as accurate as possible.  However the accuracy and completeness of this work cannot be guaranteed. Despite our best efforts this application may contain typographical errors and omissions. This application is intended as a quick and convenient reminder of information you have already learned elsewhere, and all dosages should be re-verified using appropriate references and/or appropriately trained/ knowledgeable personnel.  The contents are to be used as a guide only, and health care professionals should use sound clinical judgment and individualize therapy to each specific patient care situation.  This application is not meant to be a replacement for training, experience, continuing education, or studying the latest drug prescribing literature, nor does it imply permission to deviate from established standards of care or system protocols where applicable. This application is sold without warranties of any kind, express or implied, and the author, publisher and editors disclaim any liability, loss, or damage caused by the contents. If you do not wish to be bound by the foregoing cautions and conditions, you must cease use and delete the application from your computer and/or PDA.  If you purchased this application prior to reading this agreement and do not wish to be bound by the foregoing cautions and conditions; you must cease use and delete the application from your computer and/or PDA. You were notified of these conditions and were required to agree to them prior to paying for your purchase, thus you had been duly notified and will not receive a refund. Thank you and good practice.

 

 

END USER LICENSE AGREEMENT (EULA) &

RELEASE OF LIABILITY

 

NOTICE TO USER: PLEASE READ THIS CONTRACT CAREFULLY.  BY USING ALL OR ANY PORTION OF THE RESQ SHOP SOFTWARE ("SOFTWARE") YOU ACCEPT ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT, INCLUDING, IN PARTICULAR THE LIMITATIONS ON: USE CONTAINED IN SECTION 2;  TRANSFERABILITY IN SECTION 4; WARRANTY IN SECTION 6; AND LIABILITY IN SECTION 7. YOU AGREE THAT THIS AGREEMENT IS ENFORCEABLE LIKE ANY WRITTEN NEGOTIATED AGREEMENT SIGNED BY YOU. THIS AGREEMENT IS ENFORCEABLE AGAINST YOU AND ANY LEGAL ENTITY THAT OBTAINED THE SOFTWARE AND ON WHOSE BEHALF IT IS USED. IF YOU DO NOT AGREE, DO NOT USE THIS SOFTWARE. IF YOU ACQUIRED THE SOFTWARE ON TANGIBLE MEDIA (E.G. CD) WITHOUT AN OPPORTUNITY TO REVIEW THIS LICENSE, YOU POSSESS AN ILLEGAL COPY AND ARE REQUIRED TO NOTIFY THE RESQ SHOP AT 1051 MEADOW WEST DR., EL PASO, TEXAS 79932 WITH THE SOURCE AND/OR PERSONS YOU OBTAINED THE ILLEGAL SOFTWARE FROM.  IF YOU POSSESS A LEGITIMATE COPY OF THE SOFTWARE WHICH WAS PURCHASED THROUGH THE APPROPRIATE MECHANISMS, AND YOU DO NOT ACCEPT THIS AGREEMENT:   (A) DO NOT USE THE SOFTWARE, (B) DELETE THE SOFTWARE FROM YOUR COMPUTER AND PDA DEVICE.  YOU WERE NOTIFIED OF THIS AGREEMENT AT THAT TIME PRIOR TO PURCHASE.  YOU ARE NOT ENTITLED TO A REFUND AS YOU WERE DULY WARNED PRIOR TO PURCHASE. 

 

 

The ResQ Shop owns all intellectual property in the Software. The ResQ Shop permits you to Use the Software only in accordance with the terms of this Agreement. Use of some third party materials included in the Software may be subject to other terms and conditions typically found in a separate license agreement or "Read Me" file located near such materials

 

1. Definitions. "Software" means (a) all of the contents of the files, disk(s), CD-ROM(s) or other media with which this Agreement is provided, including but not limited to (i) The ResQ Shop or third party computer information or software; (ii) related explanatory written materials or files ("Documentation"); and (iii) fonts; and (b) upgrades, modified versions, updates, additions, and copies of the Software, if any, licensed to you by The ResQ Shop (collectively, "Updates"). "Use" or "Using" means to access, install, download, copy or otherwise benefit from using the functionality of the Software in accordance with the Documentation. "Permitted Number" means one (1) unless otherwise indicated under a valid license (e.g. volume license) granted by The ResQ Shop. "Computer" means an electronic device that accepts information in digital or similar form and manipulates it for a specific result based on a sequence of instructions. "The ResQ Shop" means The ResQ Shop company, a Texas company, 1051 Meadow West Dr., El Paso, Texas 79932. 

 

2. Software License. As long as you comply with the terms of this Software License Agreement (this "Agreement"), The ResQ Shop grants to you a non-exclusive license to Use the Software for the purposes described in the Documentation.

 

2.1 General Use. You may install and Use a copy of the Software on your compatible computer, up to the Permitted Number of computers.

 

2.2 Server Use and Distribution.

 

2.2.1 Subject to the terms of this Agreement, you may not install a copy of the Software on a computer file server within any network for the purpose of using the Software (from an unlimited number of client computers accessing the network) No other server or network use of the Software is permitted, including but not limited to use of the Software (i) either directly or through commands, data or instructions from or to another computer or (ii) for internal network, internet or web hosting services.

 

 

2.3 Backup Copy. You may make one backup copy of the Software, provided your backup copy is not installed or used on any computer. You may not transfer the rights to a backup copy unless you transfer all rights in the Software as provided under Section 4.

 

2.4 Portable or Home Computer Use. In addition to the single copy permitted under Sections 2.2.1 and 2.3, the primary user of the computer on which the Software is installed may make a second copy of the Software for his or her exclusive use on either a portable Computer or a Computer located at his or her home, provided the Software on the portable or home Computer is not used at the same time as the Software on the primary computer.

 

2.5 No Modification.   You may not otherwise alter or modify the Software or create a new installer for the Software.   You may not ‘reverse-engineer’ the software to illicit intellectual property.  The Software is licensed and distributed by The ResQ Shop. You are not authorized to integrate or use the Software with any other software, plug-in or enhancement.   You are not authorized to integrate or use the Software with any (a) plug-in software not developed in accordance with The ResQ Shop Integration Key License Agreement or (b) other software or enhancement to programmatically interface with the Software.

 

3. Intellectual Property Ownership, Copyright Protection.  The Software and any authorized copies that you may possess are the intellectual property of and are owned by The ResQ Shop Company. The structure, organization and code of the Software are the valuable trade secrets and confidential information of The ResQ Shop Company. The Software is protected by law, including without limitation the copyright laws of the United States and other countries, and by international treaty provisions. Except as expressly stated herein, this Agreement does not grant you any intellectual property rights in the Software and all rights not expressly granted are reserved by The ResQ Shop Company.

 

4. Restrictions.

 

4.1 Notices. You shall not copy the Software except as set forth in Section 2. Any copy of the Software that you make must contain the same copyright and other proprietary notices that appear on or in the Software.

 

4.2 No Modifications. You shall not modify, adapt or translate the Software. You shall not reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the Software except to the extent you may be expressly permitted to decompile under applicable law, it is essential to do so in order to achieve operability of the Software with another software program, and you have first requested The ResQ Shop to provide the information necessary to achieve such operability and The ResQ Shop has not made such information available. The ResQ Shop has the right to impose reasonable conditions and to request a reasonable fee before providing such information. Any such information supplied by The ResQ Shop and any information obtained by you by such permitted decompilation may only be used by you for the purpose described herein and may not be disclosed to any third party or used to create any software which is substantially similar to the expression of the Software. Requests for information should be directed to The ResQ Shop Customer Support at support@theresqshop.com.

 

4.3 Transfer. You may not, rent, lease, sublicense, assign or transfer your rights in the Software, or authorize all or any portion of the Software to be copied onto another user's computer except as may be expressly permitted herein. You may, however, transfer all your rights to Use the Software to another person or legal entity provided that: (a) you also transfer (i) this Agreement, and (ii) the Software and all other software or hardware bundled or pre-installed with the Software, including all copies, Updates and prior versions, to such person or entity; (b) you retain no copies, including backups and copies stored on a computer; and (c) the receiving party accepts the terms and conditions of this Agreement and any other terms and conditions upon which you legally purchased a license to the Software.

 

5. Updates. If the Software is an Update to a previous version of the Software, you must possess a valid license to such previous version in order to Use such Update. All Updates are provided to you on a license exchange basis. You agree that by Using an Update you voluntarily terminate your right to use any previous version of the Software. As an exception, you may continue to Use previous versions of the Software on your Computer after you Use the Update buy only to assist you in the transition to the Update, provided that:(a) the Update and the previous versions are installed on the same computer; (b) the previous versions or copies thereof are not transferred to another party or Computer unless all copies of the Update are also transferred to such party or Computer; and (c) you acknowledge that any obligation The ResQ Shop may have to support the previous versions of the Software may be ended upon availability of the Update.

 

6. NO WARRANTY. The Software is being delivered to you "AS IS" and The ResQ Shop makes no warranty as to its use or performance. THE RESQ SHOP AND ITS SUPPLIERS DO NOT AND CANNOT WARRANT THE PERFORMANCE OR RESULTS YOU MAY OBTAIN BY USING THE SOFTWARE. EXCEPT FOR ANY WARRANTY, CONDITION, REPRESENTATION OR TERM TO THE EXTENT TO WHICH THE SAME CANNOT OR MAY NOT BE EXCLUDED OR LIMITED BY LAW APPLICABLE TO YOU IN YOUR JURISDICTION, THE RESQ SHOP AND ITS SUPPLIERS MAKE NO WARRANTIES CONDITIONS, REPRESENTATIONS, OR TERMS (EXPRESS OR IMPLIED WHETHER BY STATUTE, COMMON LAW, CUSTOM, USAGE OR OTHERWISE) AS TO ANY MATTER INCLUDING WITHOUT LIMITATION NONINFRINGEMENT OF THIRD PARTY RIGHTS, MERCHANTABILITY, INTEGRATION, SATISFACTORY QUALITY, OR FITNESS FOR ANY PARTICULAR PURPOSE. The provisions of Section 6 and Section 7 shall survive the termination of this Agreement, howsoever caused, but this shall not imply or create any continued right to Use the Software after termination of this Agreement.

 

7. LIMITATION OF LIABILITY. IN NO EVENT WILL THE RESQ SHOP OR ITS SUPPLIERS BE LIABLE TO YOU FOR ANY DAMAGES, CLAIMS OR COSTS WHATSOEVER OR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL DAMAGES, OR ANY LOST PROFITS OR LOST SAVINGS, EVEN IF A THE RESQ SHOP REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS, DAMAGES, CLAIMS OR COSTS OR FOR ANY CLAIM BY ANY THIRD PARTY. THE FOREGOING LIMITATIONS AND EXCLUSIONS APPLY TO THE EXTENT PERMITTED BY APPLICABLE LAW IN YOUR JURISDICTION. THE RESQ SHOP’S AGGREGATE LIABILITY AND THAT OF ITS SUPPLIERS UNDER OR IN CONNECTION WITH THIS AGREEMENT SHALL BE LIMITED TO THE AMOUNT PAID FOR THE SOFTWARE, IF ANY.  The ResQ Shop is acting on behalf of its suppliers for the purpose of disclaiming, excluding and/or limiting obligations, warranties and liability as provided in this Agreement, but in no other respects and for no other purpose. For further information, please see the jurisdiction specific information at the end of this Agreement, if any, or contact The ResQ Shop’s Customer Support Department at support@theresqshop.com.

 

8. Export Rules. You agree that the Software will not be shipped, transferred or exported into any country, The ResQ Shop limits use of this software to the United States only.

 

9. General Provisions. If any part of this Agreement is found void and unenforceable, it will not affect the validity of the balance of this Agreement, which shall remain valid and enforceable according to its terms. This Agreement shall not prejudice the statutory rights of any party dealing as a consumer This Agreement may only be modified by a writing signed by an authorized officer of The ResQ Shop. Updates may be licensed to you by The ResQ Shop with additional or different terms. This is the entire agreement between The ResQ Shop and you relating to the Software and it supersedes any prior representations, discussions, undertakings, communications or advertising relating to the Software.

 

10. Notice to U.S. Government End Users. The Software and Documentation are Commercial Items," as that term is defined at 48 C.F.R. §2.101, consisting of Commercial Computer Software" and "Commercial Computer Software Documentation," as such terms are used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202, as applicable. Consistent with 48 C.F.R. §12.212 or 48 C.F.R. §§227.7202-1 through 227.7202-4, as applicable, the Commercial Computer Software and Commercial Computer Software Documentation are being licensed to U.S. Government end users (a) only as Commercial Items and (b) with only those rights as are granted to all other end users pursuant to the terms and conditions herein. Unpublished-rights reserved under the copyright laws of the United States. The ResQ Shop company, 1051 Meadow West Dr., El Paso, TX 79932, USA. For U.S. Government End Users, The ResQ Shop agrees to comply with all applicable equal opportunity laws including, if appropriate, the provisions of Executive Order 11246, as amended, Section 402 of the Vietnam Era Veterans Readjustment Assistance Act of 1974 (38 USC 4212), and Section 503 of the Rehabilitation Act of 1973, as amended, and the regulations at 41 CFR Parts 60-1 through 60-60, 60-250, and 60-741. The affirmative action clause and regulations contained in the preceding sentence shall be incorporated by reference in this Agreement.

 

12. Compliance with Licenses. If you are a business or organization, you agree that upon request from The ResQ Shop or The ResQ Shop’s authorized representative, you will within thirty (30) days fully document and certify that use of any and all Software at the time of the request is in conformity with your valid licenses from The ResQ Shop.

 

13. Specific Exceptions.

 

13.1 Pre-release Product Additional Terms. If the product you have received with this license is pre-commercial release or beta Software ("Pre-release Software"), then the following Section applies. To the extent that any provision in this Section is in conflict with any other term or condition in this Agreement, this Section shall supercede such other term(s) and condition(s) with respect to the Pre-release Software, but only to the extent necessary to resolve the conflict. You acknowledge that the Software is a pre-release version, does not represent final product from The ResQ Shop, and may contain bugs, errors and other problems that could cause system or other failures and data loss. Consequently, the Pre-release Software is provided to you "AS-IS", and The ResQ Shop disclaims any warranty or liability obligations to you of any kind. WHERE LIABILITY CANNOT BE EXCLUDED FOR PRE-RELEASE SOFTWARE, BUT IT MAY BE LIMITED, THE RESQ SHOP’S LIABILITY AND THAT OF ITS SUPPLIERS SHALL BE LIMITED TO THE SUM OF FIFTY DOLLARS (U.S. $50) IN TOTAL. You acknowledge that The ResQ Shop has not promised or guaranteed to you that Pre-release Software will be announced or made available to anyone in the future, The ResQ Shop has no express or implied obligation to you to announce or introduce the Pre-release Software and that The ResQ Shop may not introduce a product similar to or compatible with the Pre-release Software. Accordingly, you acknowledge that any research or development that you perform regarding the Pre-release Software or any product associated with the Pre-release Software is done entirely at your own risk. During the term of this Agreement, if requested by The ResQ Shop, you will provide feedback to The ResQ Shop regarding testing and use of the Pre-release Software, including error or bug reports. If you have been provided the Pre-release Software pursuant to a separate written agreement, such as the The ResQ Shop Company Serial Agreement for Unreleased Products, your use of the Software is also governed by such agreement. You agree that you may not and certify that you will not sublicense, lease, loan, rent, assign or transfer the Pre-release Software. Upon receipt of a later unreleased version of the Pre-release Software or release by The ResQ Shop of a publicly released commercial version of the Software, whether as a stand-alone product or as part of a larger product, you agree to return or destroy all earlier Pre-release Software received from The ResQ Shop and to abide by the terms of the license agreement for any such later versions of the Pre-release Software. Notwithstanding anything in this Section to the contrary, if you are located outside the United States of America, you agree that you will return or destroy all unreleased versions of the Pre-release Software within thirty (30) days of the completion of your testing of the Software when such date is earlier than the date for The ResQ Shop's first commercial shipment of the publicly released (commercial) Software.  If you have any questions regarding this Agreement or if you wish to request any information from The ResQ Shop please use the address and contact information included in this documentation.

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