AAMI Standards on CD: Terms of Agreement
By accessing the AAMI Standards on CD Subscribers Web Site service ("Account"), you hereby agree to be bound by all of the terms and conditions contained in this Member Agreement ("Agreement").
1. The terms
and agreements that govern use of the AAMI PDF files on your CD
(see End User License Agreement below)
also apply to any files that you view, print, or download from your
AAMI Standards on CD Web Site Account.
2. Establishing an Account with the AAMI Standards on CD Web Site
under a name other than your own legal name is prohibited.
3. You will keep your logon name and password private.
4. You will keep any AAMI FILE that you download and any AAMI FILE
that you archive from AAMI's Standards on CD, in a single folder
on your computer, and will retain no more than one electronic copy
of an AAMI FILE in that folder.
AAMI reserves the right at its discretion to change the terms of this Agreement and will notify you of any such changes by e-mail or online postings. Your continued use of your Account after the posting of any notice of change in terms shall constitute your acceptance to be bound by any such changes. You may cancel your Account should any specific change be unacceptable to you.
THE FILES ON THE AAMI STANDARDS ON CD PDF COLLECTION ARE THE COPYRIGHTED PROPERTY OF THE ASSOCIATION FOR THE ADVANCEMENT OF MEDICAL INSTRUMENTATION (hereafter "AAMI") AND ARE LICENSED TO USERS UNDER THE TERMS AND CONDITIONS OF THIS END USER LICENSE AGREEMENT. BY USING THIS PRODUCT, YOU ARE AGREEING TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS LICENSE AGREEMENT. PLEASE READ IT CAREFULLY.
PDF Collection
The FILES on the AAMI STANDARDS ON CD being supplied by AAMI are protected by the copyright laws of the United States, the Universal Copyright convention and the Berne Copyright Convention. AAMI retains exclusive title to and ownership of the FILES. No part of the FILES may be duplicated in hard copy or machine-readable form without prior written authorization from AAMI, except that you are granted a limited non-exclusive license to reproduce limited portions of the FILES for your internal use provided that a suitable notice of copyright is included on all copies. Under no circumstances may copies be made for resale or other distribution in any medium.
Restrictions on Use
AAMI is granting to you a non-exclusive, non-transferable license to use the PDF collection in accordance with the terms of this license agreement. You may copy one copy of each of the FILES on one single-user computer workstation. If you have purchased a LAN version of the PDF collection, the FILES may be installed on a network server. For each licensed use of the application that you have purchased, only one person may access the FILES at any time (i.e., the number of individuals making concurrent use of the FILES shall not exceed the number of people specified by the price paid).
You may keep a single archive copy of the FILES provided that such archive copy will be used solely for backup purposes and will contain all copyright and proprietary notices encoded in program. You may not nor permit others to otherwise reproduce the FILES in whole or in part. You may not nor permit others to (a) disassemble, decompile or otherwise derive source code from the FILES, (b) reverse engineer the FILES, (c) modify or prepare derivative works of the FILES, (d) copy the FILES, except as permitted in this Agreement, (e) rent or lease the FILES, (f) use the FILES in an online system, (g) use the FILES in any manner that infringes the intellectual property or other rights of another party, or (h) transfer the FILES or any copy thereof to another party, unless you transfer all media and written material in this package and retain no copies of the FILES (including prior versions of the FILES) for your own use.
Restrictions of Transfer
This license is personal to you, and neither your rights hereunder nor the tangible embodiments of the FILES, except as permitted in this License, may be sold, assigned, transferred or sublicensed to any other person, including without limitation, by operation of law, without the prior written consent of AAMI. Any purported sale, assignment, transfer or sublicense without the prior written consent of AAMI will be null and void and will automatically terminate your right to use or possess the FILES.
New Materials
The license covers all tangible embodiments of the FILES received by you, including regular and special updates and supplements.
Limited Warranty and Limitation of Liability
AAMI DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION CONTAINED IN THE PDF COLLECTION(S) IS COMPLETE OR FREE FROM ERROR, AND DOES NOT ASSUME AND EXPRESSLY DISCLAIMS ANY LIABILITY TO ANY PERSON FOR ANY LOSS OR DAMAGE CAUSED BY ERRORS OR OMISSIONS IN THE PDF COLLECTION(S), WHETHER SUCH ERRORS OR OMISSIONS RESULT FROM NEGLIGENCE, ACCIDENT, OR ANY OTHER CAUSE. For a period of 60 days from the date the FILES are acquired by you, AAMI warrants that the media upon which the FILES reside will be free of defects that prevent you from using the FILES on your computer. AAMI's sole obligation under this warranty is to replace any defective media, provided that you have given AAMI notice of the defect within such 60 day period (or such longer period as is mandated by applicable law). The FILES are licensed to you on an "AS IS" basis without any warranty of any nature.
AAMI DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OR MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. AAMI SHALL NOT BE LIABLE FOR ANY DAMAGE OR LOSS OF ANY KIND ARISING OUT OF OR RESULTING FROM YOUR POSSESSION OR USE OF THE FILES (INCLUDING DATA LOSS OR CORRUPTION), REGARDLESS OF WHETHER SUCH LIABILITY IS BASED IN TORT, CONTRACT OR OTHERWISE. IF THE FOREGOING LIMITATION IS HELD TO BE UNENFORCEABLE, AAMI's MAXIMUM LIABILITY TO YOU SHALL NOT EXCEED THE AMOUNT OF THE LICENSE FEES PAID BY YOU FOR THE FILES. THE REMEDIES AVAILABLE TO YOU AGAINST AAMI UNDER THIS AGREEMENT ARE EXCLUSIVE. SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF IMPLIED WARRANTIES OR LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.