This handheld program (the "Software") as supplied by The Medical Letter, Inc. is licensed, not sold, to you for use only under the terms of this agreement, and The Medical Letter, Inc. reserves all rights not expressly granted to you. The Medical Letter, Inc. retains ownership of all copies of the Software.

AUTHORIZED USES: RESTRICTIONS

The Medical Letter, Inc. grants you a non-exclusive license to use the Software and the enclosed documentation (the "Documentation") according to the terms and restrictions set forth in this agreement.

You may not, nor may you permit anyone else to de-compile, reverse engineer, disassemble, modify, or create derivative works based on the Software, data files and updates, or the documentation in whole or in part. You may not use the Software or data files and updates to perform any unauthorized transfer of information (e.g., transfer of files in violation of a copyright) or for any illegal purpose.

LIMITED WARRANTY; LIMITED REMEDIES; LIMITED LIABILITY

The Medical Letter, Inc. does not warrant that the Software is free from errors. THE SOFTWARE IS PROVIDED "AS IS," AND THE MEDICAL LETTER, INC. DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF NONINFRINGEMENT OF THIRD PARTY RIGHTS, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. YOU ASSUME THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE SOFTWARE. SHOULD THE SOFTWARE PROVE DEFECTIVE, YOU (AND NOT THE MEDICAL LETTER OR ITS SUPPLIERS, DISTRIBUTORS, OR DEALERS) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION.

IN NO EVENT SHALL THE MEDICAL LETTER OR ITS SUPPLIERS BE LIABLE FOR ANY INDIRECT, SPECIAL, OR CONSEQUENTIAL DAMAGES INCURRED BY YOU OR ANY THIRD PARTY ARISING OUT OF THE USE OR INABILITY TO USE THE SOFTWARE, WHETHER IN AN ACTION IN CONTRACT OR TORT OR BASED ON A WARRANTY, EVEN IF THE MEDICAL LETTER, INC. HAS BEEN ADVISED OR MAY OTHERWISE KNOW OF THE POSSIBILITY OF SUCH DAMAGES. IN THE EVENT ANY LIABILITY IS IMPOSED ON THE MEDICAL LETTER, INC., THE MEDICAL LETTER, INC.'S LIABILITY TO YOU OR ANY THIRD PARTY SHALL NOT EXCEED THE PURCHASE PRICE YOU PAID FOR THIS PACKAGE.

Some states do not allow exclusion of an implied warranty, limitations on the duration of an implied warranty or exclusion or limitation of liability for incidental or consequential damages; therefore, the limitations set for in this warranty may not apply to you. This warranty gives you specific legal rights and you may also have other rights that vary from state to state.

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