This ………………… Tool / Software or Mobile Application Agreement is a Legal Agreement between You, as a genuine user (Hereinafter referred as “Licensee”) and M/s. EM Hospital (Hereinafter referred to as “SuMed”) for the use of ……… Software / Mobile Application, which includes the Data-base with retrieval system, Updates, Supplements, Support Services etc.

 

This Agreement is effective the moment you click the option for ‘I agree’ or make the equivalent action 

The Terms also apply to the SuMed:

• Updates,

• Supplements,

• Internet-Based Services and

• Support Services

for this Software / Mobile Application unless other terms accompany those items.  If so, those terms apply. By using the tool / software / application, you accept these terms.  If you do not accept them, do not use the software. 

At the time this tool/software/application is running, it checks your device for certain malicious software listed at http://...................................... (“Malware”) and if detected, the tool/software/application removes Malware – as per its understanding - from your device. 

If you receive updates via Automatic Updates, you will only be able to stop receiving updates to this tool/software/application if you turn off Automatic Updates entirely. (NOT RECOMMENDED).

When the tool / software / application checks your device for Malware, information is collected from your device only for the purpose of reporting to you whether or not Malware was detected and removed from your device. However, SuMed may collect and publish aggregated data about the use of the software.   If you choose, the software’s reporting functionality can be disabled by following the instructions found at http://.......................................

 

The tool/software/application is licensed on a per device basis. If you comply with this agreement, for each license you acquire you have the following rights:

Installation and Use:

   a. General - You may install and use an unlimited number of copies of the tool/ software/application to check for the presence of and remove Malware.  In case of downloading and / or using on your computers, SuMed technical team is the right choice to do the same.  In case of other devices like notepad or mobile etc., with due expediency you agree to do the same, subject to the terms mentioned herein and in addition to this too.

    b. Distribution - You are not permitted to copy and distribute the tool/ software / application to anyone without written authorization of SuMed.

The tool/ software / application is licensed, not sold. This agreement only gives you some rights to use the above mentioned.   Microsoft reserves all other rights.   Unless applicable law gives you more rights despite this limitation, you may use the software only as expressly permitted in this agreement.  You may not:

# reverse engineer, decompile or disassemble the tool / software/ application, except and only to the extent that applicable law expressly permits, despite this limitation

# make more copies of the software than specified in this agreement or allowed by applicable law, despite this limitation

# publish the software for others to copy

# rent, lease or lend it, or

# use it for commercial software hosting services

SuMed reserves the right to make any modifications, alterations, additions, deletions and changes in the tool / software / application, associated material, specifications and mechanism without any prior notice to the Licensee and SuMed shall have no obligation to notify such changes or revision to any person, unless there is any specific bilateral agreement providing otherwise.

This agreement and any amendments to it, and the terms for supplements, updates, Internet-based services and support services are the entire agreement for the tool/ software / application and support services.

        6.   APPLICABLE LAW -

a. India - If you acquire the tool / software / application in the Republic of “India”, all Indian law shall govern the interpretation of this agreement and apply to claims for breach of it, regardless of ‘conflict of laws’ principles.   At the outset, without prejudice, all legal disputes shall be falling within the jurisdiction of Madras High Court, India.  

b. Outside the Republic of India - If you acquired the tool / software / application in any other country, the laws of the country where you live apply.

This agreement describes certain legal rights.   You may have other rights under the laws of your state or country.  You may also have rights with respect to the party from whom you acquired the software.   This agreement does not change your rights under the laws of your state or country if the laws of your state or country do not permit it to do so.

The software is licensed “as is” and with all faults.  We give no express warranties, guarantees or conditions.  You, as a Licensee, may have additional consumer rights under your local laws which this agreement cannot change.  To the extent permitted under your local laws, we exclude implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

Subject to any other exclusion mentioned elsewhere in the entire agreement, a licensee cannot recover from SuMed and its suppliers (in applicable cases) any direct damages or any other damages, including consequential, lost profits, special, indirect or incidental damages.

This limitation applies to

•  any matter related to the tool / software / application, services, content (including code) on third party Internet sites, or third party programs, and

•  claims for breach of contract, breach of warranty, guarantee or condition, strict liability, negligence, or other tort to the extent permitted by applicable law.

It also applies even if

• repair, replacement or a refund for the software does not fully compensate you for any losses, or

• SuMed knew or should have known about the possibility of the damages.

     If you fail to comply with the terms and conditions of the entire agreement,  the SuMed reserves its right to terminate your right to use the Tool / Software /   Application with or without legal consequences to you.

 

      All titles, rights, copyright including the right to copy the matter, contents, which include code number, method of application, retrieval system, concepts, designs and technical aspects and Intellectual Property are reserved with SuMed. Copyrights belonging to third parties are acknowledged as belonging to their respective owners, in applicable cases.

 

No part of SuMed may be reproduced or copied in any form or by any means graphic, electronic or mechanical including, printing, photocopying, recording, taping on information retrieval systems or reproduced on any disc, tape perforated magnetic/media or other information storage device, etc., without the written permission of SuMed.  Any breach of this condition is liable for legal action.

 

Customer Support Desk - SuMed

W-15, North Main Road, C-Sector,

Anna Nagar,

Chennai - 600101

Tamil Nadu,

India.

Phone: +91 82703 82704

Email: support@su-med.com