TERMINOS DE USO Y CONTRATO DE LICENCIA PARA EL USUARIO DE LOS SISTEMAS EN-LINEA Y PROGRAMAS DE SOFTWARE DE SCYMED
(en proceso de traducción al español)

(TERMS OF USE AND END-USER LICENSE AGREEMENT FOR SCYMED'S WEBSITES, ONLINE SYSTEMS AND SOFTWARE)

IMPORTANTE (Por favor lee cuidadosamente):

All use of the ScyMed's Websites (www.ScyMed.com and www.MediCalc.com) as well as any product or service like MediCalc®, iSYS®, Health101™, eH&P™, Clini-Data™, Cholesterol 2.0, ClinicApps™, etc. (together "Medical Software") is subject to the terms and conditions set forth below.
By accessing, downloading, installing, copying or otherwise using ScyMed's Software and/or websites, you agree to be bound by the terms and conditions set forth in this Agreement. By registering to the ScyMed's on-line service, you represent that you are 18 years old or older and agree to the terms of use (TOU). You may print a copy of this Agreement. ScyMed may change the terms in this License Agreement.


USE OF SCYMED® NETWORK (ONLINE)

All of the ScyMed's Websites and Software (together websites or ScyMed online or ScyMed Network) content is the property of ScyMed Inc. ("ScyMed") and is protected by copyright laws, trademark laws and other intellectual property laws in Mexico, the US and internationally. During the subscription term to ScyMed online (MediCalculator®, iSYS®, eH&P™, etc.), ScyMed hereby grants you a non-exclusive, non-transferable license to access and use the Websites for the fees (now free) and under the terms described in this Agreement.

Subscriptions are for individuals only

Only the registered person may access the Website, using the User's screen name and password. Never give your User name and/or password to anyone. You may display, download, or print out, for you own research or study only (non-commercial) materials from the Websites. You agree not to reproduce, copy, transmit, rent, lend, sell, publish, broadcast or modify any materials from ScyMed online and ScyMed's websites or modify or remove any proprietary notices contained therein, or create derivative works based on materials from Websites. You may not post or disseminate any content, scripts, javascript scripts or java classes from any software program/system (MediCalculator® | eH&P™ | Cholesterol 2.0™ | ClinicApps™) through any means, electronic (newsgroups, electronic boards, mailing lists, etc.), mechanical, internet, intranets or otherwise, without the prior written permission of ScyMed. To request a permission please email info@scymed.com.

You are not permitted to alter, merge, modify or adapt any ScyMed's Websites content or software in any way, including disassembling, decompiling, reverse engineering or otherwise trying to derive its source code. You are not permitted to remove any copyright notice or proprietary legend from the software or its output. You are not permitted to use the software to create tables, files, databases or other compendiums.

Termination

ScyMed reserves the right to terminate the User's subscription at any time. Reasons for termination include, but are not limited to, if the User downloads or prints out a substantial portion of the website or software systems. Subscription may be terminated if the User allows others to access ScyMed online (MediCalculator™, eH&P™, ClinicApps™, etc) using his/her own password.


DISCLAIMER / NO WARRANTIES
and LIMITATIONS ON LIABILITY

MEDICALC, ISYS, EH&P, CHOLESTEROL 2.0, ETC. AND ALL MATERIALS CONTAINED THEREIN ARE PROVIDED ON AN "AS IS" BASIS.
ScyMed Inc. a Delaware corporation ("ScyMed") makes no warranty whatsoever, expressed or implied, including any warranties of merchantability or fitness for a particular purpose, warranties as to accuracy, completeness or timeliness, concerning the information, output results, views and/or functionality (collectively, "information and Functionality") available or obtained at these websites (www.medicalc.com, www.scymed.com) or through the use of these Software Programs and online systems.
ScyMed will endeavor to periodically update the information contained at these Websites, but you should not assume that such information is accurate, complete or the most up-to-date information available.
ScyMed shall not be liable to you or anyone else in any way for any loss, claim or damages caused in whole or in part by any of the Websites information and/or functionality.

IN USING SCYMED ONLINE (MEDICALCULATOR, iSYS, ETC.), PHYSICIANS, NURSES AND OTHER HEALTH-CARE PROFESSIONALS HAVE THE SOLE RESPONSIBILITY TO BE FULLY AWARE OF CURRENT MEDICAL AND CLINICAL PRACTICES AND STANDARDS, TO EMPLOY GOOD CLINICAL JUDGMENT IN SELECTING AND INTERPRETING PATIENT'S DATA (BOTH, INPUT DATA AND OUTPUT RESULTS), AND TO VERIFY, MANUALLY, ALL CALCULATIONS OBTAINED THROUGH THE USE OF ANY OF THE WEBSITES (EITHER AT SCYMED'S WEBSITES, MEDICALC™ WEBSITE OR THE SOFTWARE PROGRAMS).
SCYMED'S CLINICAL AND MEDICAL APPLICATION SOFTWARE IS INTENDED FOR LICENSED HEALTHCARE PROFESSIONALS, INCLUDING PHYSICIANS AND REGISTERED NURSES, OTHER QUALIFIED HEALTHCARE PROVIDERS MAY USE IT UNDER CLOSE PHYSICIAN SUPERVISION.
COMPUTER SOFTWARE IN GENERAL AND MEDICALCULATOR, EH&P AND CLINICAPPS IN PARTICULAR SHOULD NEVER SUBSTITUTE FOR UP-TO-DATE PERSONAL KNOWLEDGE AND GOOD CLINICAL JUDGEMENT.

NOTICE SPECIFIC TO MEDICAL/CLINICAL SOFTWARE:

Medicine is a dynamic science. New research and clinical experience increase our knowledge continuously. The authors and ScyMed Inc. have checked the sources believed to be reliable in their efforts to provide complete and accepted information at the time of release. However, in view of the possibility of changes in medicine/science, human error, and/or different interpretations, neither the authors, nor ScyMed, nor any other party that has been involved in the development and preparation of this Software Programs and website warrants that the information contained herein and the functionality of the program are in every respect accurate, complete or exact. Neither ScyMed, nor the authors, nor any other party that has been involved in the development and preparation of this software program and content shall be liable to the user or to anyone else for any inaccuracy, delay, interruption in service, error or omission, regardless of cause, or for any damages resulting therefrom.

THE ACTUAL SCYMED ONLINE SYSTEM IS NOT INTENDED FOR DIRECT PATIENT CARE, BUT RATHER FOR RESEARCH AND TEACHING ACTIVITIES. THE VERSIONS ARE BEING TESTED AND ERRORS OR BUGS ARE POSSIBLE.

Users are encouraged to confirm the information contained herein with other sources (check formulas, equations, units and arithmetical manipulation) and manually confirm output results of computations performed by this software program. This recommendation is of particular importance in connection with infrequently used medical information. Users should also consult their own Laboratories for normal values, and actual packet inserts of Drugs and medications for current recommendations (administration, dosage, contraindications, etc.).

In no event ScyMed shall be liable to you or anyone else for any direct, indirect or consequential damages, including but not limited to, lost time, lost money/profits or good will, whether in contract, tort, stric liability or otherwise, and whether or not such damages are foreseen or not with respect to any use of the Websites. The User agrees that all demands of whatever kind assessed against ScyMed, arising out of, or relating to use of any of the Websites shall not exceed the total amount the User paid to ScyMed for use of the Websites for the past 12 months. THIS LICENSE AGREEMENT WILL BE GOVERNED BY THE LAWS OF MEXICO.

PRIVACY of INFORMATION

By registering to any of the Websites, you are also agreeing that ScyMed may store information you provide as part of the registration process and usage information, and provide, from time to time, aggregated anonymous statistical information about subscribers to advertisers, potential advertisers, and content licensors. ScyMed also may use the information to inform you about other ScyMed publications, products and services, unless you notify ScyMed that you do not wish to receive this information. ScyMed also may deliver additional messages about MediCalculator™, iSYS™, etc. to you by e-mail.

As a general policy, ScyMed does not disclose any specific personal information about you, such as your name, address, phone number, or email address ("Personal ID"). ScyMed will not disclose any of your Personal ID to a third party without first notifying you and getting your consent.


FEES & REGISTRATION

For the time being (possibly the rest of 2007) the access fees will be waived.
You can always find the current Subscription Fees and rates in the Subscribe Section. All fees and charges are nonrefundable. You agree to pay or have paid all fees and charges incurred in connection with your user name and password for the Websites (including any applicable taxes), rates will be those in effect when the charges were incurred. ScyMed may change the fees and subscription rates, or add new fees or charges, by giving you notice in advance (if any).

1.- Fill out and Submit the Registration form.
2.- ScyMed will assign a User name and password (8 digits each).
3.- Keep your screen name and password confidential. You may be liable for charges or damages.
4.- Notify ScyMed promptly of any unauthorized use of your password by email at: info@scymed.com, you will be assigned a new password.


ADDITIONAL TERMS

ScyMed may change or discontinue the ScyMed online systems (MediCalculator™, iSYS or any), or its availability to you, at any time, and you may always terminate your subscription at any time. This is a legal agreement and the exclusive agreement between the user and ScyMed. This Agreement is personal to you, and you may not assign your rights or obligations to anyone. If any provision in this Agreement is invalid or unenforceable under applicable law, the remaining provisions will continue in full force and effect. The failure of ScyMed to insist upon strict compliance with any term of this Agreement shall not be construed as a waiver with regard to any subsequent failure to comply with such term or provision. This Agreement, your rights and obligations, and all actions comtemplated by this agreement shall be governed by the laws of Mexico and Mexico, D.F. (Mexico City), as if the Agreement was a contract wholly entered into and wholly performed within Mexico, D.F. (Mexico city).

Copyright 1997-2014 ScyMed Inc. All rights reserved. ScyMed, Medical Decision Systems, Rhombex (and Logo), MediCalc (and logo), MediCalculator, iSYS (and logo) Custom Medicine are either trademarks or registered trademarks of ScyMed Inc.

This Agreement was last updated on January 2014.

ScyMed Inc.
Houston, TX 77056
Mexico City 05120

Copyright ©2014 ScyMed Inc. All rights reserved.

 






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