Enadoc Pte. Ltd.


Software License Agreement

ATTENTION: READ THIS FIRST
IMPORTANT – CAREFULLY READ ALL THE TERMS AND CONDITIONS OF THIS LICENSE AGREEMENT. BY COPYING, INSTALLING, OR USING ALL OR ANY PORTION OF THIS SOFTWARE, YOU ACCEPT ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT.

  1. Software License.

    (a) License Grant. Under the terms and conditions of this Agreement, Enadoc Pte. Ltd. grants you the non-exclusive, non-transferable, non-sublicensable right to use the software on a network or standalone computer. Use of the Software by more than the specified number of concurrent users or for the benefit of any CPU which is not a Client on the Local Area Network is expressly prohibited. This Agreement does not convey to you an interest in or to the Software, but only a limited right of use revocable in accordance with the terms of this Agreement.

    (b) Volume Restrictions and Software Keys. If you received a version of Enadoc software under a license subject to software-based volume restrictions your use of the Software may not exceed the annual or monthly volume limits specified in the “Volume License(s)” appearing on the associated Enadoc sales invoice and in the Software’s activation code.

  2. License Retrictions. Enadoc and its resellers and distributors reserve all rights not expressly granted to you under this Agreement. You may not modify or alter the software in any way. You may not disassemble, decompile, or reverse engineer the software in order to obtain the source code, which is a trade secret of Enadoc. You may not lease, sublicense, or otherwise rent the Software and accompanying documentation.

  3. Ownership. No title to or ownership in the Software is transferred to you. You acknowledge and agree that Enadoc and its third-party partners and suppliers own and retain all rights, title, and interest in the software and ownership of all intellectual property rights in the software, including any adaptations or copies. You acquire only a license to use the Software. The Software is the propriety product of Enadoc and/or its suppliers and is protected by copyright laws and international provisions of the countries it is located in. You must treat the Software as any other copyrighted material with the exception that:

    (a) You may make a single copy of the software in non-printed machine-readable form for each Client CPU on the licensed Local Area Network, and

    (b) You may make a single copy of the Software solely for back-up or archival purposes, or transfer the Software to a single hard disk provided you keep the original solely for back-up or archival purposes. You agree not to attempt in any way to obliterate or destroy the trade secret or copyright notice in all copies of the Software. In no event shall you copy the documentation, or any portion thereof, accompanying the Software. You may not use, copy, modify, or transfer the Software or documentation accompanying this Software except as expressly provided in this Agreement. You agree to keep a written record of all copies of the Software made and the disposition thereof and furnish a copy of such record to Enadoc upon request.

  4. Content. While you use Enadoc, you agree that Enadoc and our owner, licensor(s), own(s) all legal right, title, and interest in and to the Service, including, and without limitation to, all software comprising a part of the Service that is hosted on Enadoc’s servers. Also, Enadoc reads the texts in the documents for the process of generating smart tags. Documents are read anonymously. We do not copy, store, use or share the texts or the information stated on documents.

  5. Term. This license is effective until terminated. You may terminate it by destroying the software and accompanying documentation and all copies thereof. This license will also terminate if you fail to comply with any term or provision of this Agreement. You agree upon such termination to destroy the software and accompanying documentation and all copies thereof.

  6. Limited Warranty. In the absence of any optional warranty or continuing provisions extended by a formal written agreement, Enadoc warrants its software in accordance with the following:

    (a) Limited Warranty. Enadoc warrants solely on its behalf and for your benefit alone. The Software will perform substantially in accordance with the accompanying documentation for a period of ninety (90) days from your receipt of the software. Enadoc further warrants solely on its behalf and for your benefit alone, that the optical media on which the Software is recorded shall be free from defects in materials and workmanship during the warranty period and under normal use. Except as expressly provided herein, neither Enadoc nor its suppliers warrant the performance or results of the Software, that the software will meet your requirements, or that the Software will run uninterrupted or error free.

    (b) Exclusive Remedy. Enadoc’s entire liability and your exclusive remedy shall be the replacement of any media not meeting the limited warranty set forth above, provided it is returned to Enadoc as set forth below. Warranty claims must be received by Enadoc within the warranty period. In the event of a warranty claim, you shall be responsible for the removal of the defective software, shipping charges for return to Enadoc, and installation of its replacement. Replaced software, or any part thereof, shall become the property of Enadoc and shall be returned to Enadoc at your expense.

  7. WARRANTY DISCLAIMER. THE EXPRESS WARRANTIES SET FORTH IN THIS AGREEMENT ARE IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, AND TO THE EXTENT PERMITTED BY APPLICABLE LAW ALL SUCH OTHER WARRANTIES ARE HEREBY DISCLAIMED AND EXCLUDED BY ENADOC AND ITS SUPPLIERS. Some jurisdictions do not allow certain disclaimers and limitations of warranties, so portions of the above limitations may not apply to you. This limited warranty gives you specific rights and you may also have other rights which vary from state to state.

  8. LIMITATION OF LIABILITY. IN NO EVENT SHALL ENADOC OR ITS SUPPLIERS BE LIABLE TO YOU FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, ANY SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THE SOFTWARE, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, BUSINESS, DATA, GOODWILL, OR ANTICIPATED SAVINGS, EVEN IF ADVISED OF THE POSSIBILITY OF THOSE DAMAGES. IN NO EVENT WILL ENADOC’S AGGREGATE LIABILITY FOR DIRECT DAMAGES TO PROPERTY OR PERSON (WHETHER IN ONE INSTANCE OR A SERIES OF INSTANCES) EXCEED THE AMOUNT PAID BY YOU FOR THE SOFTWARE OUT OF WHICH SUCH CLAIM AROSE. In those jurisdictions that do not allow the exclusion or limitation of damages, Enadoc’s liability shall be limited or excluded to the maximum extent allowed within those jurisdictions.

  9. DATA RETENTION. You agree that Enadoc may remotely remove your data from the cloud after three months (90 days) of non-renewal of subscription. Your subscription maybe renewed within three months (90 days) before the expiration date to avoid data loss. Retention of data in the cloud after the non-renewal thereof cannot be guaranteed.

  10. U.S. Government Restricted Rights. The software and documentation are provided with RESTRICTED RIGHTS. Use, duplication or disclosure by the Government is subject to restrictions as set forth in subparagraph (b)(3) of the Right in Technical Data and Computer Software clause at DFARS 252.227-7013 or subparagraphs (c) (1) and (2) of the Commercial Computer Software – Restricted Rights at 48CFR 52.227-19, as applicable. Supplier is Enadoc Pte. Ltd. 14 Robinson, #13-00 Far East Finance Building, Singapore.

  11. Export. You agree that you do not intend to and will not, directly or indirectly, export, or transmit the Software or related documentation and technical data to any country to which such export or transmission is restricted by any applicable regulation or statue of the country where the software is being used, without the prior written consent, if required, of the Export Administration of the country where the software is used or such other governmental entity as may have jurisdiction over such export or transmission. You represent and warrant that you are not located in, under the control of, or a national or resident of any such country.

  12. Indemnification. You shall defend, indemnify, and hold Enadoc, its officers, directors, and employees, harmless from and against any and all claims, damages, losses, costs, or other expenses (including reasonable attorneys’ fees) that arise directly or indirectly out of your willful misconduct or unauthorized use of the Software.

YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, UNDERSTAND IT AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS. YOU FURTHER AGREE THAT IT IS THE COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN YOU AND ENADOC, WHICH SUPERSEDES ANY PROPOSAL OR PRIOR AGREEMENT, ORAL OR WRITTEN, AND ANY OTHER COMMUNICATIONS BETWEEN YOU AND ENADOC RELATING TO THE SUBJECT MATTER OF THIS AGREEMENT.

All rights reserved. Use is subject to license terms. Third-party software is copyrighted and licensed from Enadoc’s suppliers.

THIS SOFTWARE CONTAINS CONFIDENTIAL INFORMATION AND TRADE SECRETS OF ENADOC DOCUMENT IMAGING SYSTEM. USE, DISCLOSURE OR REPRODUCTION IS PROHIBITED WITHOUT THE PRIOR EXPRESS WRITTEN PERMISSION OF ENADOC PTE. LTD.

Enadoc logo are trademarks or registered trademarks of Enadoc Pte. Ltd. in Singapore and other countries. All other trademarks are the trademarks or registered trademarks of their respective owners. Government users are subject to the Enadoc Pte. Ltd. standard license agreement and applicable provisions of the FAR and its supplements.