This End User License Agreement ("EULA") is a legal agreement between PharmData Limited and you (hereinafter called the "End User") (either on behalf of yourself as an individual or on behalf of an entity as its authorised representative) and and it governs the use of the Software (as defined below) made available to the End User by PharmData Limited.
By installing the Software and/or using the Software, the End User agrees to all of the terms of this EULA. If you do not agree with all of the terms of this EULA, do not access or otherwise use the Software.
Software means the proprietary computer software PharmScanner supplied by PharmData Limited.
Software means the proprietary computer software PharmScanner supplied by PharmData Limited.
Strictly in accordance with the terms contained in this EULA, PharmData Limited grants the End User a revocable, non-exclusive, non-transferable license to use the Software without charge for evaluation purposes, and only for internal use. This evaluation version contains the exact same functionality as the licensed version of the Software.
This Software is licensed, not sold. Prior to, or during the Evaluation Period, the End User has the option of setting up a Direct Debit payment for the monthly license fee in order to be able to continue to use the unrestricted version of the Software.
Each licensed subscription of the Software is restricted for use only at the corresponding pharmacy/hospital/wholesaler/clinic site however may be used on unlimited terminals within that site by multiple users.
Before their existing license period expires, the End User has the option to renew their existing license for an additional one (1) month period. If the End User chooses not to renew their license, the End User loses any rights to the Software on expiry of their present license.
Since the Software is provided free of charge during the Evaluation Period to allow potential customers to evaluate and test it before paying the license fee, PharmData Limited enforces a strict no-refund policy. Please evaluate and test the Software carefully during the Evaluation Period. Once you pay the license fee, your payment is final and you may not be reimbursed.
The End User agrees not to, and the End User will not permit others to:
1. (i) use, copy, maintain, distribute, sell, publish, display, sublicense, rent, make corrections to, or modify the Software or any component thereof; (ii) modify, adapt, decompile, disassemble, reverse assemble, reverse compile, reverse engineer, or otherwise translate the Software or any component thereof, save where the foregoing restrictions are expressly prohibited by applicable law; (iii) sublicense the use of the Software or any component thereof for the benefit of a third party, and more generally, for any purpose other than the purpose of the Software to verify the authenticity of and decommission, the unique identifier of medicinal products in accordance with the provisions of the EU Falsified Medicines Directive and the delegated Regulation, (iv) store, access or transmit information or data on the Software or any component of the End Users relevant National Medicines Verification System ("NMVS") that is inaccurate or that has not been legally obtained or that is in violation of any other applicable Intellectual Property Right, or that is in violation of the EU Falsified Medicines Directive or Delegated Regulation.
2. If, at any time, the End User has reasonable grounds to believe that the (further) connection, access to or use of the Software immediately and substantially endangers the security of the End User, the End User may disconnect from (or the End User may limit its own access to) the Software, it being agreed that the End User shall inform PharmData Limited about such measure and the reasons thereof at the End User’s earliest convenience, and shall re-establish the connection of the End User to the Software as soon as there is no longer any immediate and substantial danger to the security of the End User. This is without prejudice to the End User's unilateral right to disconnect from the Software at any time (this without prejudice to the End User's obligations under the EU Falsified Medicines Directive and Delegated Regulation).
The Software, including without limitation all copyrights, patents, trademarks, trade secrets and other intellectual property rights are, and shall remain, the sole and exclusive property of PharmData Limited.
This EULA will terminate immediately, with prior notice from PharmData Limited, in the event that the End User fails to comply with any provision of this EULA and does not rectify such breach within 14 days of receipt of such notice from PharmData Limited.
Upon termination of this EULA, the End User shall cease all use of the Software.
Termination of this EULA will not limit any of PharmData Limited' rights or remedies at law or in equity in case of breach by the End User (during the term of this EULA) of any of the obligations of the End User under the present EULA.
The Customer’s NMVO may at any time suspend a Customer’s access to the Customer’s NMVS. PharmData Limited accept no responsibility for such suspensions and all licence arrangement remain in force until such time that the customer cancels the licenses.
The End User is entitled to information and support from the PharmData Limited support desk. Support may be available via either telephone or email: (i) requests for support by email to the service desk within business hours (9am to 5pm UKGMT, Monday to Friday, excluding English public holidays) will be responded to within 2 business days (ii) requests for support by telephone will be handled on a "best effort" basis with no guarantee of immediate availability, and PharmData Limited may respond to email support requests with a telephone response where appropriate and possible; in the event of a lack of telephone support availability, email support may be provided.
The End User agrees to indemnify and hold PharmData Limited and its parents, subsidiaries, affiliates, officers, employees, agents, partners and licensors (if any) harmless from any claim or demand, including reasonable attorneys' fees, due to or arising out of the: (a) use of the Software other than in accordance with the terms of this EULA; or (b) violation of this EULA.
PharmData Limited agrees to indemnify and hold the End User and its parents, subsidiaries, affiliates, officers, employees, agents, partners and licensors (if any) harmless from any claim or demand, including reasonable attorneys' fees, due to or arising out of any third part IPR claim made against the End User that its intellectual property rights, moral rights or rights in respect of that third party’s confidential information are infringed by the End User in connection with the use of the Software in accordance with this EULA.
The Software is provided to the End User "AS IS" and "AS AVAILABLE" and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, PharmData Limited, on its own behalf and on behalf of its affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Software, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, PharmData Limited provides no warranty or undertaking, and makes no representation of any kind that the Software will meet the End User’s requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected.
Without limiting the foregoing, neither PharmData Limited nor any PharmData Limited' provider makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Software, or the information, content, and materials or products included thereon; (ii) that the Software will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Software; or (iv) that the Software, its servers, the content, or e-mails sent from or on behalf of PharmData Limited are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.
Some jurisdictions do not allow the exclusion of or limitations on implied warranties or the limitations on the applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to the End User.
Notwithstanding any damages that either party might incur, the liability of PharmData Limited and any of its suppliers to the End User and/or the liability of the End User to PharmData Limited under any provision of this Agreement and the Parties’ exclusive remedy for all of the foregoing shall be limited to the amount actually paid by the End User to PharmData Limited on foot of the contract herein.
To the maximum extent permitted by applicable law, in no event shall either party be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, for loss of data or other information, for business interruption, for personal injury, for loss of privacy arising out of or in any way related to the use of or inability to use the Software, third-party software and/or third-party hardware used with the Software, or otherwise in connection with any provision of this EULA).
If any provision of this EULA is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.
Except as provided herein, the failure to exercise a right or to require performance of an obligation under this EULA shall not affect a party's ability to exercise such right or require such performance at any time thereafter nor shall be the waiver of a breach constitute waiver of any subsequent breach.
PharmData Limited reserves the right, at its sole discretion, to modify or replace this EULA at any time provided that any such modification or replacement shall not give rise to any increased costs for the account of the End User or any less functionality available to the End User. If a revision is material, we will provide at least thirty (30) days notice prior to any new terms taking effect.
By continuing to access or use the Software after any revisions become effective and have been notified to the End User in accordance with the above paragraph, the End User agrees to be bound by the revised terms. If the End User does not agree to the new terms, the End User shall be entitled to terminate this EULA and will no longer be authorised to use the Software.
The laws of England, excluding its conflicts of law rules, shall govern this EULA and the use of the Software. The use of the Software may also be subject to other local, state, national, or international laws.
If you have any questions about this EULA, please contact us :-
PharmData Limited
18 Oxleasow Road, Moons Moat, Redditch, Worcestershire, B98 0RE, United Kingdom.
Telephone : 07809481903
Email : support@pharmdata.co.uk
This EULA constitutes the entire agreement between the End User and PharmData Limited regarding the use of the Software and supersedes all prior and contemporaneous written or oral agreements between the End User and PharmData Limited.
The End User may be subject to additional terms and conditions that apply on the use or purchase of other PharmData Limited services, which PharmData Limited will provide to the End User at the time of such use or purchase (for example, the SecurMed End User License Agreement).