License Agreement for Riley Kidometer

1. Legally Binding.  This "License Agreement" is a legally binding contract.  The only 
terms under which you will be granted the license contained herein is if (1) you accept 
the unaltered terms of this License Agreement and (2) you pay in full the list price for use 
of Riley Kidometer (the "Software") within 30 days of beginning of your use of the 
Software or you are an employee of Riley Children's Hospital.  If you do not wish to be 
bound by the terms of this License Agreement, you may NOT install the Software.  By 
installing the Software you indicate your acceptance of all of the terms of this License 
Agreement.

2. Intended Uses.  Software is intended to be used as a reference aid, such information is 
not intended to be (nor should it be used as) a substitute for the exercise of professional 
judgment.  Scientific data is always subject to uncertainties and current scientific thinking 
may change from time to time. Neither Alert & Oriented Publishing Co (AOP), nor Joel 
Topf, undertakes to provide you timely updates in the event of changes to the data 
contained in the Software.  As a professional it is your responsibility to assess the 
applicability, currency, and accuracy of the data contained in the Software.

3. No Warranty.  The Software is provided on an "AS IS" basis, without warranty of any 
kind, including, without limitation, the warranties of merchantability, fitness for a 
particular purpose and non-infringement. The entire risk as to the quality and 
performance of the Software is borne by you. Should the Software prove defective, you, 
and not AOP or Joel Topf, assume the entire cost of any service and repair. UNDER NO 
CIRCUMSTANCES AND UNDER NO LEGAL THEORY, TORT, CONTRACT, OR 
OTHERWISE, SHALL AOP OR JOEL TOPF BE LIABLE TO YOU OR ANY OTHER 
PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL 
DAMAGES OF ANY CHARACTER INCLUDING, WITHOUT LIMITATION, 
DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER 
FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER COMMERCIAL 
DAMAGES OR LOSSES. IN NO EVENT WILL AOP OR JOEL TOPF BE LIABLE 
FOR ANY DAMAGES IN EXCESS OF THE LIST PRICE FOR LICENSE TO THE 
SOFTWARE, EVEN IF AOP OR JOEL TOPF HAVE BEEN INFORMED OF THE 
POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY OTHER 
PARTY. IF THE SOFTWARE OR WRITTEN MATERIALS ARE DEFECTIVE THE 
LICENSEE, AND NOT THE PUBLISHER OR ITS AGENTS, OR EMPLOYEES, 
ASSUME THE ENTIRE COST OF ANY AND ALL NECESSARY SERVICING OR 
REPAIR.

4.  License.  Your license allows you to run the Software on ONE device.

4.1.  Rights Granted.  Subject to the terms of this License Agreement and payment of 
relevant fees, AOP grants to licensee ("Customer") a non-exclusive, non-sublicenseable, 
non-transferable license to: (a) access and operate the Software solely on the Designated 
System(s) for Customer's personal use, only in accordance with the "Documentation" 
contained on the website and within the Software and this License Agreement; (b) use the 
Documentation provided with the Software to support Customer's authorized use of the 
Software; (c) copy the Licensed Programs and Documentation for archival and backup 
purposes; (d) no other copies of the Software or Documentation shall be made in whole 
or in part; (e) Customers who are otherwise in full compliance with the terms of this 
License Agreement may transfer, without charge, the Software to other individuals but 
such transferees must then agree to the terms of this License Agreement.  Transferor may 
not collect a fee for such transferor and the right to transfer the Software does not allow 
transferor to alter or otherwise dictate license terms.

4.2. Restrictions.  Customer, directly or indirectly, alone or with any other party, may not: 
(a) resell, rent, lease, sublicense or loan the Software or Documentation to any other 
party; (b) make the Licensed Programs or Documentation available to others in a service-
bureau arrangement or for any similar commercial time-sharing or third-party use; (c) 
disassemble, reverse engineer, decompile, or modify the Licensed Programs; (d) transfer 
the Licensed Programs or Documentation to any third party for outsourcing or any other 
purpose; (e) create derivative works of the Licensed Programs; or (f) alter, or attempt to 
alter, the data set used by the Software or alter how the Software operates.

4.3. Third Party Software.  Any Licensed Programs which are licensed by AOP from a 
third party ("Third Party Software") and are sublicensed to Customer hereunder, are 
subject to the terms and conditions of the applicable third party's license accompanying 
the Third Party Software.

5. No Waiver.  The failure of either party to enforce any rights granted hereunder or to 
take action against the other party in the event of any breach hereunder shall not be 
deemed a waiver by that party as to subsequent enforcement of rights or subsequent 
actions in the event of future breaches.

6. Conflicts.  If there is any conflict between these Terms and Conditions and rules and/or 
specific terms of use appearing on this site relating to specific material then the latter 
shall prevail.

7. Severability.  If any of these Terms and Conditions should be determined to be illegal, 
invalid or otherwise unenforceable by reason of the laws of any state or country in which 
these Terms and Conditions are intended to be effective, then to the extent and within the 
jurisdiction which that Term or Condition is illegal, invalid or unenforceable, it shall be 
severed and deleted from this clause and the remaining terms and conditions shall 
survive, remain in full force and effect and continue to be binding and enforceable.
