Adjuvant! Online

Decision making tools for health care professionals

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Please read the above license agreement carefully. By continuing and completing the registration process, you are stating that you are a medical professional. Please read our Intended Use section if you are not a medical professional and would like more information on Adjuvant!

Copyright notice and Terms of Use

READ THE TERMS AND CONDITIONS OF THIS LICENSE AGREEMENT CAREFULLY BEFORE OPERATING THE PROGRAM ENTITLED 'ADJUVANT!' THE COMPUTER SOFTWARE, AND THE ACCOMPANYING USER DOCUMENTATION (THE 'PROGRAM'). THE PROGRAM IS COPYRIGHTED AND LICENSED (NOT SOLD). BY USING THE PROGRAM, YOU ARE ACCEPTING AND AGREEING TO THE TERMS OF THIS LICENSE AGREEMENT. IF YOU ARE NOT WILLING TO BE BOUND BY THE TERMS OF THIS LICENSE AGREEMENT, YOU SHOULD PROMPTLY RETURN OR DESTROY THE PACKAGE, AND DELETE IT FROM THE MEMORY OF ANY COMPUTER THAT YOU HAVE LOADED IT ON. THIS LICENSE AGREEMENT REPRESENTS THE ENTIRE AGREEMENT CONCERNING THE PROGRAM BETWEEN YOU AND ADJUVANT, INC. (REFERRED TO AS 'LICENSOR'), AND IT SUPERSEDES ANY PRIOR PROPOSAL, REPRESENTATION, OR UNDERSTANDING BETWEEN THE PARTIES. 1. License Grant. Licensor hereby grants to you, and you accept, a nonexclusive license to use the Program's CD ROM and the computer programs contained therein in machine-readable, object code form only (collectively referred to as the 'Software'), and the accompanying User Documentation, only as authorized in this License Agreement. The Software may be used only on computers owned, leased, or otherwise controlled by you. Use in a local area network or other network not is permitted unless access and use is controlled by you. You agree that you will not assign, sublicense, transfer, pledge, lease, rent, or share your rights under this License Agreement. You agree that you may not reverse assemble, reverse compile, or otherwise translate the Software. Upon loading the Software into your computer(s), you may retain the Program's CD ROM for backup purposes. You agree not to copy the computer code on to other CD ROMs or other portable diskettes. You may make one copy of the User's Manual for backup purposes. Any such copies of the User's Manual shall include Licensor's copyright and other proprietary notices. Except as authorized under this paragraph, no other copies of the Program or any portions thereof may be made by you or any person under your authority or control. 2. Licensor's Rights. You acknowledge and agree that the Software and the User's Manual are proprietary products of Licensor protected under U.S. copyright law. You further acknowledge and agree that all right, title, and interest in and to the Program, including associated intellectual property rights, are and shall remain with Licensor. This License Agreement does not convey to you an interest in or to the Program, but only a limited right to use revocable in accordance with the terms of this License Agreement. 3. Term. This License Agreement is effective upon your opening of this package or using this Program, and shall continue until terminated. You may terminate this License Agreement at any time by returning the Program and all copies thereof and extracts therefrom to Licensor at the following address: ADJUVANT, INC. 19931 ENCINO ROYALE SAN ANTONIO, TX 78259 Licensor may terminate this License Agreement upon the breach by you of any term hereof. Upon such termination by Licensor, you agree to return to Licensor the Program and all copies and portions thereof. 4. Limited Warranty. Licensor warrants, for your benefit alone, for the period of 90 days from the date of commencement of this License Agreement (referred to as the 'Warranty Period') that the Program Diskettes in which the Software is contained are free from defects in material and workmanship. Licensor further warrants, for your benefit alone, that during the Warranty Period the Program shall operate substantially in accordance with the functional specifications in the User's Manual. If during the Warranty Period, a defect in the Program appears, you may return the Program to Licensor for replacement. You agree that the foregoing constitutes your sole and exclusive remedy for breach by Licensor of any warranties made under this Agreement. EXCEPT FOR THE WARRANTIES SET FORTH ABOVE, THE PROGRAM AND THE SOFTWARE CONTAINED THEREIN, ARE LICENSED 'AS IS', AND LICENSOR DISCLAIMS ANY AND ALL OTHER WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. 5. Limitation of Liability. Licensor's cumulative liability to you or any other party for any loss or damages resulting from any claims, demands, or actions, arising out of or relating to this Agreement shall not exceed the license fee paid to Licensor for the use of the Program. In no event shall Licensor be liable for any indirect, incidental, consequential, special, or exemplary damages or lost profits, even if Licensor has been advised of the possibility of such damages. Users of this program assume all risks associated with any and all use of the information provided. In all events, the makers and distributors of this program disclaim any and all liabilities for any claims, causes of action, or damages, direct, indirect, special, incidental, or consequential, relating to the use of this program or the information presented therein. By using this program, the user acknowledges these conditions and accepts any liability that may result. It should be recognized that these are estimates and projections. They are based on a number of assumptions some of which are outlined in the Technique and Limitations section of the help file. It should be noted that this program was not written to supersede or substitute for clinical judgment, but rather to enhance it. The program's use and interpretation requires the participation of a trained health professional. It is not for direct patient use, because if some of the input is inappropriately interpreted and entered, very erroneous conclusions might result. The program does not recommend specific lines of therapy, but can be used to point out the usual treatment option for a given situation. SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. 6. Trademark. ADJUVANT! is a trademark of Licensor. No right, license, or interest to such trademark is granted hereunder, and you agree that no such right, license, or interest shall be asserted by you with respect to such trademark. 7. Governing Law. This License Agreement shall be construed and governed in accordance with the laws of the State of Texas. 8. Costs of Litigation. If any action is brought by either party to this License Agreement against the other party regarding the subject matter hereof, the prevailing party shall be entitled to recover, in addition to any other relief granted, reasonable attorney fees and expenses of litigation. 9. Severability. Should any term of this License Agreement be declared void or unenforceable by any court of competent jurisdiction, such declaration shall have no effect on the remaining terms hereof. 10. 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 part as to subsequent enforcement of rights or subsequent actions in the event of future breaches. 11. U.S. Government Restricted Rights. The Software and related documentation are provided with RESTRICTED RIGHTS. Use, duplication, or disclosure by the Government is subject to restrictions as set forth in subparagraph (c)(1)(ii) of the Rights 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 48 CFR 52.227-19 as applicable.

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