END-USER LICENSE AGREEMENT FOR the software "Sumex1+ tarmedValidator" (further mentioned as the "SOFTWARE") of the copyright owner Suva (further mentioned as the "COPYRIGHT OWNER") IMPORTANT - READ CAREFULLY: This End-User License Agreement ("EULA") is a legal agreement between you (either an individual or a single entity) and the COPYRIGHT OWNER for the SOFTWARE accompanying this EULA, which includes computer software and may include "online" or electronic documentation. By downloading, copying, or otherwise using the SOFTWARE, you agree to be bound by the terms of this EULA. If you do not agree to the terms of this EULA, do not download, copy, or use the SOFTWARE. The SOFTWARE is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. The SOFTWARE is licensed free of charge and not sold. 1. GRANT OF LICENSE. By downloading, copying or using the SOFTWARE you agree: (a) to distribute the SOFTWARE in object code form and only in conjunction with and as a part of a software application product developed by you; (b) to mention the SOFTWARE's name, logo, or trademarks in the marketing and documentation of your software application product; (c) to include a valid copyright notice in your software application product; and (d) to indemnify, hold harmless, and defend the COPYRIGHT OWNER from and against any claims or lawsuits, including attorney's fees, that arise or result from the use or distribution of your software application product. 2. DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS. - Rights. You may use the SOFTWARE as a part of your software application product. By using the SOFTWARE there is no necessity to develop the part of TARMED- or other validation services, electronic invoicing and OCR-capable printing in your own software application product. The SOFTWARE improves your software application product by performing a higher quality communication between your clients and the health care insurance companies. The COPYRIGHT OWNER will continue the software development of the SOFTWARE's functionality and keep those up to date who have agreed to be bound by the terms of this EULA - Not For Sale Software. You may not sell, or otherwise transfer for value, the SOFTWARE by itself. - Limitation Reverse Engineering, Decompilation, and Disassembly. You may not reverse engineer, decompile, or disassemble the SOFTWARE. - Rental. You may sell, rent, or lease the SOFTWARE as integrated part of your software application product. - Support Services. Technical support for the SOFTWARE is provided by the available services and documentation on the tarmed.net website free of charge. Any further support might be supplied by TMR AG (the software company developing the SOFTWARE) on an individual basis subject to a negotiated charge. - No Other Uses. You may not use the SOFTWARE in any other way than as expressly permitted under this EULA. - Termination. Without prejudice to any other rights, the COPYRIGHT OWNER may terminate this EULA if you fail to comply with the terms and conditions of this EULA. In such an event, you must destroy all copies of the SOFTWARE and all of its component parts. 3. COPYRIGHT. The SOFTWARE is protected by copyright and other intellectual property laws and treaties. The COPYRIGHT OWNER own the title, copyright, and other intellectual property rights in the SOFTWARE. This EULA is governed by the laws of Switzerland. Should you have any questions concerning this EULA, or if you desire to contact the COPYRIGHT OWNER for any reason, please contact or write: info@sumex1.net. 4. DISCLAIMER OF WARRANTIES. To the maximum extent permitted by applicable law, the COPYRIGHT OWNER provide the SOFTWARE AS IS AND WITH ALL FAULTS, and hereby disclaim all warranties and conditions, either express, implied or statutory, including, but not limited to, any (if any) implied warranties or conditions of merchantability, of fitness for a particular purpose, of lack of viruses, of accuracy or completeness of responses, of results, and of lack of negligence or lack of workmanlike effort, all with regard to the SOFTWARE. ALSO, THERE IS NO WARRANTY OR CONDITION OF TITLE, QUIET ENJOYMENT, QUIET POSSESSION, CORRESPONDENCE TO DESCRIPTION OR NON-INFRINGEMENT, WITH REGARD TO THE SOFTWARE. THE ENTIRE RISK AS TO THE QUALITY OF OR ARISING OUT OF USE OR PERFORMANCE OF THE SOFTWARE REMAINS WITH YOU. 5. EXCLUSION OF INCIDENTAL, CONSEQUENTIAL AND CERTAIN OTHER DAMAGES. To the maximum extent permitted by applicable law, in no event shall the COPYRIGHT OWNER be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits or confidential or other information, for business interruption, for personal injury, for loss of privacy, for failure to meet any duty including of good faith or of reasonable care, for negligence, and for any other pecuniary or other loss whatsoever) arising out of or in any way related to the use of or inability to use the SOFTWARE, or otherwise under or in connection with any provision of this EULA, even in the event of the fault, tort (including negligence), strict liability, breach of contract or breach of warranty of the COPYRIGHT OWNER and even if the COPYRIGHT OWNER have been advised of the possibility of such damages. 6. NO LIABILITY AND REMEDIES. By this EULA the COPYRIGHT OWNER exclude any liability for damages that you might incur for any reason whatsoever (including, without limitation, all damages referenced above and all direct or general damages) under any provision of this EULA and your exclusive remedy for all of the foregoing.