Challenger Support
posted this on November 30, 2011 12:53 pm
Disclaimer of Warranties and Limitations of Liability. User recognizes that the System is to be used only as a reference aid. It is not intended to be a substitute for the exercise of professional judgment by the User. Medicine is an ever-changing science. In view of the possibility of human error or changes in medical science, Users are advised to confirm the information in the System through independent sources. With respect to drug dosages, Users should confirm through independent sources that changes have not been made in the recommended dosages or in the contraindications for administration, particularly in connection with new or infrequently used drugs. Users should also consult their own laboratories for normal values. THE SYSTEM IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. Licensor does not warrant, guaranty or make any representations regarding the use or the results of the use or operation of the System terms of accuracy, reliability, currentness or otherwise. The entire risk as to the results and performance of the System is assumed by User. Limited Warranty For CD-ROMs, DVDs or Video Cassette Tapes ("Medium"). If within 30 days after the System is acquired, the medium on which the System is recorded is found to be defective in workmanship or materials and Licensor is given timely notice thereof, User's sole and exclusive remedy and Licensor's sole obligation shall be the replacement of the defective medium or the refund of the full amount paid by User for the System, as Licensor shall decide. IN NO EVENT SHALL LICENSOR OR ANYONE ELSE WHO HAS BEEN INVOLVED IN THE CREATION, PRODUCTION OR DELIVERY OF THE DATABASE, SOFTWARE OR USER MANUAL BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL OR INCIDENTAL DAMAGES RESULTING FROM THEIR USE, HOWEVER CAUSED, ARISING UNDER ANY THEORY OF LIABILITY. This warranty allocates the risk of product failure or error between User and the Licensor. The limited warranty set forth above is in lieu of all other express warranties, whether oral or written. The agents, employees, and distributors of Licensor are not authorized to modify this warranty, nor to make additional warranties binding on Licensor or anyone else involved in creation, production or delivery of the System. The System's pricing reflects this allocation of the risk and limitations of liability contained in this Agreement.
The System is a product designed as an offline Web application that uses HTML, XML, Java, and JavaScript to create a dynamic learning environment. The proper functioning of the System can be inhibited by applications or operating system configurations that are designed to protect a computer against viruses or unwanted ads. Other third party applications installed by or for the user also may adversely affect the operation of the System. Installation of Internet connection software on a computer by or at the instruction of a user's Internet Service Provider (ISP) may intefere with the proper functioning of the System.
It is the user's sole responsibility to understand the operation and configuration of their computer's operating system, software applications, and Web browsers. System issues that result from ISP customizations of a user's computer operating system, Web browsers, and user environment can only be resolved by the ISP, and it is the user's responsibility to contact the ISP and request a resolution.
User agrees to indemnify and hold Licensor and all of its officers, directors, employees, consultants, agents, and anyone providing information for the Database as well as other providers of software incorporated in the Software, harmless from any System. No action, regardless of form, arising out of this Agreement may be brought by User more than one year after the cause of action has occurred. Some states do not allow exclusions or limitations of implied warranties or liability in certain cases, so the above exclusions and limitations may not apply to you. General Provisions. (a) This Agreement shall be governed by the laws of Tennessee. Any action related to the purchase or use of the System by or for any User must be brought solely before a court of competent jurisdiction in Shelby County, Tennessee. (b) User shall pay all reasonable costs, including court costs and attorneys' fees, incurred by Licensor in the enforcement of the provisions of this Agreement. (c) User is responsible for all sales, use or similar taxes. (d) Use, duplication or disclosure by the U.S. Government is subject to restrictions stated in FAR 252.227-7013.