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[anatomedia.com] [McGraw Hill Education]

Anatomedia Publishing Pty Ltd – End User Software Licence

NOTICE:

PERMISSION TO USE THIS SOFTWARE IS CONDITIONAL UPON YOU, THE END USER, AGREEING TO THE TERMS SET OUT BELOW. DO NOT LAUNCH THE SOFTWARE UNTIL YOU HAVE READ AND ACCEPTED THE TERMS AND CONDITIONS OF THIS LICENCE. IF YOU CLICK "I ACCEPT" AT THE END OF THESE TERMS AND CONDITIONS AND YOU LAUNCH THIS PROGRAM YOU WILL BE DEEMED TO HAVE ACCEPTED THE TERMS AND CONDITIONS. IF YOU DO NOT WISH TO ACCEPT THE TERMS AND CONDITIONS, DO NOT CLICK "I ACCEPT" AND DO NOT LAUNCH THE SOFTWARE.  USE OF THE ATTACHED SOFTWARE IS PROHIBITED EXCEPT IN ACCORDANCE WITH THIS END USER SOFTWARE LICENCE.

The attached software (“Software”) has been developed at The University of Melbourne for Anatomedia Publishing Pty Ltd ("APPL") and McGraw Hill Education under licence from Anatomedia Pty Ltd (APL), owner of the copyright in the Software. McGraw Hill Education have agreed to host the works through an on-line service available via the internet to end users, in consideration of McGraw Hill's agreement to comply with secure hosting requirements. You, the end user, are also required to comply with the terms and conditions set out below.

1 Subject to acceptance and the strict compliance by You with the terms and conditions set out below You may acquire a non-exclusive and non-transferable right to use the Software.

2 Except as expressly authorised by these terms and conditions or by the Copyright Act 1968 (C'th) You must not, and must not allow or cause any other person to:

(a) print, copy, reproduce or translate the Software by any means or in any form, subject to any law to the contrary

(b) give, lease, assign, license, sub-license, transfer, distribute, disclose, disseminate, or publish or enter into a commercial rental agreement for the Software in any form to any other person or attempt to do any of these acts;

(c) modify, adapt, alter, reverse engineer or decompile the Software;

(d) alter, change, remove or obscure any notices or other indications (including copyright notices) as to ownership of the Software;

(e) share or transfer your personal login details with any other user

(f) engage in any act which infringes APL's intellectual property rights in the Software.

3 You acknowledge that this end user software licence does not make you the owner of the Software nor does it grant you any right, title or interest in any copyright or other intellectual property rights subsisting in the Software other than as expressly provided under these terms and conditions.

4 If the liability of APPL for breach of any term, condition or warranty implied by law or otherwise in respect of the supply of the Software (“Prescribed Term”) is capable of exclusion it is hereby excluded.

5 If the liability of APPL for breach of any Prescribed Term cannot be excluded but is capable of limitation it is hereby limited to resupply of the Software.

6 Except as provided by Prescribed Terms (if any) which are not capable of exclusion or limitation, or as expressly set out in these terms and conditions:

(a) APPL makes no warranties whatsoever in relation to the Software, including but not limited to warranties as to performance or fitness for purpose; and

(b) You will not under any circumstances have any cause of action against, or right to claim or recover from, APPL for or in respect of any loss, damage or injury (including without limitation any loss of profit, indirect or consequential loss, damage or injury) arising from the supply or use of the Software or any breach of these terms and conditions.

7 You agree to indemnify absolutely APPL from and against all liability and all loss and damage of any kind whatsoever caused directly or indirectly by any claim or action against APPL arising directly or indirectly out of your use of the Software or any breach by you of these terms and conditions.

8 These terms and conditions shall be governed by the laws of the State of Victoria, or the Commonwealth of Australia and You agree to submit to the non-exclusive jurisdiction of the Courts of the State of Victoria in respect of any matter involving the enforcement or interpretation of these terms and conditions.

NOTE

Medical knowledge is constantly changing. As new information becomes available, changes in treatment, procedures, equipment and the use of drugs become necessary. The authors and the publishers have, as far as it is possible, taken care to ensure that the information given in this program is accurate and up to date. However, users of this program are strongly advised to confirm that the information, especially with regard to procedures, complies with the latest legislation and standards of practice.

Anatomedia Pty Ltd takes no responsibility for the accuracy or completeness of, or the representations made by, the content of the Software. © Anatomedia Pty Ltd 2014.

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