Privacy policy and usage

SOFTWARE LICENSE FOR

 

PLEASE READ THIS SOFTWARE LICENSE (‘LICENSE’) AGREEMENT CAREFULLY BEFORE USING Mordicus SOFTWARE. BY USING THE SOFTWARE YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THIS LICENSE. IF YOU DO NOT AGREE TO THE TERMS, DO NOT INSTALL OR USE THIS SOFTWARE. IN THIS CASE, IF THE OPTION TO “ACCEPT” OR ”DECLINE” TERMS IS DISPLAYED, CLICK ON “DECLINE.”

 

PLEASE NOTE: In so far as this software can be used to reproduce, modify, publish and distribute data, the license is granted to you exclusively for the reproduction, modification, publication and distribution of data that is not protected by copyright, or for which you yourself own the copyright, or for data that you have a legal right to reproduce, modify, publish or distribute. If you are unsure of your right to reproduce, modify, publish or distribute, we recommend you seek the advice of your legal advisor.

 

  1. General.
    1. MORDICUS ÉDUCATION grants you a license to use, but under no circumstances does it grant ownership of, the MORDICUS software (including the ROM boot code), third party software, documentation, interfaces, content, fonts and data accompanying this License, whether preinstalled on hardware suggested by your software provider, hard disk, ROM, or any other media and in any other form (collectively « MORDICUS software»), to be used exclusively as described in the terms of this agreement. MORDICUS and/or its licensors reserve all rights that are not expressly conferred to you. You accept that these license conditions apply to all MORDICUS brand software products or applications that may be installed on your hardware, unless such a product is accompanied by a separate license, in which case you accept that the latter governs your use of the product in question.
    2. MORDICUS may, at its discretion, supply future upgrades or updates to the MORDICUS software to any of your computers where our software is installed. Upgrades and updates may not always include every aspect of all the existing features or new features sold by Mordicus. The rights granted by the conditions of this License apply to all software upgrades and updates supplied by Mordicus as replacements and/or additions to the original MORDICUS software, unless such upgrades or updates are accompanied by a separate license, in which case the conditions of the latter take precedence.
    3. The title and intellectual property rights associated with content displayed by MORDICUS software or accessed via the latter are the property of their holder. The above-mentioned content may be protected by copyright or by other intellectual property treaties and may be subject to conditions of use set forth by the third party supplying such content. Unless stated otherwise in this document, this License does not grant you the right to use such content and does not guarantee that such content shall be permanently available.
  1. Authorized use of license and restrictions.
    1. Installed MORDICUS software license or single copy license. Subject to the general terms and conditions of this License, and unless you acquired the MORDICUS software as part of a previous contract or any other written agreement concluded with Mordicus, you are hereby granted a non-exclusive limited license to install, use and run one (1) single copy of the MORDICUS software on one Mordicus computer at a time. For example, the terms and conditions of this single copy License apply to you if you have had the MORDICUS software installed on your computers.
    2. MORDICUS software License. If you have obtained a license for the MORDICUS software, subject to the terms of this license and pursuant to the rules for using MORDICUS software as described in the general terms and conditions (‘Rules for Use’), you are being granted a limited, non transferable and non exclusive license to:
      • (i) download, install, use and run, for personal, non-commercial use, one (1) copy of the MORDICUS software on each of the computers used to run the software, of which you are the owner or manager;
      • (ii) if you belong to a business or establishment in the educational sector, download, install, use and run one (1) copy of the MORDICUS software for use: (a) by one person on each computer that you own or manage, or (b) by several people sharing a computer that you own or manage; for example, an employee may use the MORDICUS software on his or her work computer at the office as well as on his or her work laptop, or several students can use the MORDICUS software installed on a computer in a library or resource center,
      • (iii) install, use and run extra copies of the MORDICUS software on virtual operating systems on any computer you own or manage that is already running the MORDICUS software, for the purposes of: (a) software development, (b) software development tests or (c) personal, non-commercial use.

      The authorization granted by the above-mentioned section 2B (iii) does not permit you to use virtual copies of the MORDICUS software for office services, job shares, computer shares or other services of this kind.

    3. Volume and maintenance licenses. If you have acquired the MORDICUS software as part of a volume licensing or maintenance licensing program.
    4. Configuration requirements; Mordicus ID. Note that the MORDICUS software is only supported by professional hardware that has the required configuration as specified by Mordicus. Moreover, accessing and using some of the functionalities offered by the Mordicus software and some services may necessitate acquiring a unique username and password combination, called the Mordicus ID.
    5. Fonts. Subject to the terms and conditions of this License, you may use the fonts included with the MORDICUS software to display and print content when running said software; however, integrating a font into content is governed by that font’s terms and conditions of use. These restrictions can be viewed via the panel Font book/Preview/Display font.
    6. Functionalities and treatment plan support. The Mordicus treatment plan application might not support certain photo and video formats. Use of some treatment plan functionalities depends on the functionalities of your images. Synchronizing your photos with the MORDICUS treatment plan application and other services included in the MORDICUS or third party software may result in data loss. The Mordicus images and slide-show themes are intended for personal, non-commercial use only, except where broadcast in your waiting-room. You may not use, extract or distribute, commercially or otherwise, on a standalone basis, any photographs, images, graphics, illustrations, audio, video or similar content (“digital content”) contained within, or supplied with Mordicus, nor otherwise use the digital content for purposes other than its intended use with the Mordicus treatment plan application, operating theater module or waiting-room module.
    7. Connecting to a remote office. In compliance with the terms and conditions of this License, when connecting to a remote computer running the MORDICUS software from another computer or electronic device (“device”), whether via the screen-sharing functionality or any other means:
      • (i) only one (1) device can be remotely connected at a time, whether directly or indirectly, to control the MORDICUS software session that is running and displayed on the main computer; and
      • (ii) a reasonable number of devices can connect simultaneously to observe the MORDICUS software session running and displayed on the main computer, as long as such devices in no way control the MORDICUS software; but
      • (iii) only one (1) device connected to the MORDICUS software can connect remotely at a time, whether directly or indirectly, with the purpose of controlling a MORDICUS software session other than the one running and displayed on the main computer and such connections are only permissible via the MORDICUS software screen-sharing functionality.

      Unless section 2G of this License expressly authorizes you to do so, or Mordicus has otherwise given its consent, you agree not to use the MORDICUS software or any of its functionalities with office services, part-time work services, computer share services, or any other such services, whether said services are provided within your organization or to third parties.

    8. Other use restrictions. The rights granted by this License do not permit you to install, use or run the MORDICUS software on a computer that is not compatible with the software. You agree not to breach this condition nor allow others to do so. Unless stated otherwise in the terms and conditions of this License or other Mordicus licenses: (i) only one user can use the MORDICUS software at a time and (ii) you are not authorized to make the MORDICUS software available on a network where it could be used or run simultaneously by several computers. You may not sell, rent, lease or lend the MORDICUS software nor grant licenses for it.
    9. Back-up copy. You may not make a copy of the MORDICUS software without the boot code and the other internal programs incorporated or contained within Mordicus, in an electronic format that can be read by the computer purely for back-up; said copy must include all the notices concerning copyright or intellectual property included in the original.
    10. Migration of software. If you use the settings/migration wizard to transfer the software from one computer to another, remember that continued use of the original copy of the software may be prohibited once a copy has been transferred to another computer, unless you already have a licensed copy of said software on each computer. You are advised to consult the relevant software licensing contracts to find out about the terms and conditions concerned. Some third party software and services may not be compatible with this software, and installing this software may affect the availability and use of such third party software and services.
    11. Mordicus has made or may have made some components of this MORDICUS software, and the third party software accompanying it, available via its free software website. Mordicus is not in any way obliged to update, maintain, guarantee, or provide assistance, whether technical or otherwise, or services in connection with the resulting modified MORDICUS software. You expressly agree that, in the case of a malfunction with or damage to hardware caused by the modifications to the free MORDICUS software components, said malfunction or damage is not covered by the conditions of the MORDICUS software guarantee.
    12. No reverse engineering. Except and only as expressly permitted by this License or by the Usage Rules applicable to you, you are not authorized to copy, decompile, reverse engineer, disassemble, attempt to derive the source code of, decrypt, modify, or create derivative products of the Mordicus software or any services provided by the Mordicus software, or any part thereof (except if such restrictions are prohibited by applicable law or by the terms and conditions governing the use of any open-sourced components included with the MORDICUS software). Moreover, you undertake not to give anyone else the opportunity to perform such prohibited acts.
    13. Compliance with regulations. You agree to use the MORDICUS software and services (as defined in Section 5 below) in compliance with all applicable laws in the country or region in which you reside or in which you have downloaded this software and services or in which you use them. The functionalities of the MORDICUS software and services may not be available in all languages or all regions. Some functionalities may vary depending on the region. An Internet connection is required for some functionalities provided by the MORDICUS software and services.
    14. Third party software. Within the MORDICUS software package, Mordicus provides, and may provide, solely as a convenience, access to certain softwares or services in terms of upgrades, updates or supplements to the MORDICUS software. In so far as the MORDICUS software contains third party software or services or provides access to such software or services, Mordicus is under no obligation, whether express or implied, to provide any kind of technical or other assistance regarding said software or services. Should you require technical assistance or after sales service regarding such software, services and/or products, please contact the relevant software vendor or manufacturer or service provider directly.
    15. Automatic updates. The MORDICUS software regularly checks for updates to the MORDICUS software. If an update is available, it can automatically download and install it onto your computer and, if necessary, your peripheral devices. By using the MORDICUS software, you agree to Mordicus downloading and installing automatic updates onto your computer and peripheral devices. You can turn off the automatic update download at any time by altering the appropriate settings in System Preferences.
  1. Transfer.
    1. If the MORDICUS software was supplied preinstalled on a device, you may permanently, and only once, transfer all your rights to the MORDICUS software (in its original form as supplied by Mordicus) to a third party, provided that: (i) the transfer includes both the MORDICUS software and your hardware device; (ii) the transfer involves the entire MORDICUS software package, including all its components, printed documents and License; (iii) you do not retain any copies of the MORDICUS software, either complete or incomplete, including any copy stored on a computer or other storage device; and (iv) the receiving party accepts the terms and conditions of this License. For the purposes of this License, if Mordicus offers you an update (e.g. from version 10.9 to version 10.9.1) of the MORDICUS software, said update is considered to be an integral part of the MORDICUS software and cannot be transferred separately from the version of the MORDICUS software preceding the update.
    2. If you acquire the license for the MORDICUS software from your computer, it cannot be transferred. If you sell your device to a third party, you must delete the MORDICUS software from your device beforehand and you may have to restore your system to the original version of the operating system supplied with your device and permanently transfer the original Mordicus operating system with your device so that: (i) the transfer covers the whole Mordicus operating system, including all its components, printed documents and License; (ii) you do not keep a copy of the original Mordicus operating system, either complete or incomplete, including any copy stored on a computer or other storage unit; and (iii) the party receiving the operating system is familiar with and accepts the terms and conditions of this License.
    3. You may not transfer any MORDICUS software that has been modified or replaced as described in section 2L of this License. All components of the MORDICUS software are supplied as a package and cannot be separated and distributed as stand-alone applications.
    4. Copies of the MORDICUS software supplied as part of a special offer, for purposes of evaluation, or for diagnosis and recovery purposes, may only be used as intended and can be neither sold nor transferred.
  1. Consent to use of data.
    1. Diagnostic and usage data. If you choose to allow diagnostic and usage data collection, you agree that Mordicus, its subsidiaries and its agents may collect, maintain, process and use diagnostic, technical, usage and related information, including, but not limited to, unique system or hardware identifiers, or information about your computer, system, software, and peripheral devices; such information is gathered regularly in order to provide and improve Mordicus products and services and to facilitate the provision of software updates, product support and other services to you, if necessary, related to the MORDICUS software, and to verify compliance with the terms of this License.
      1. Privacy policy. At all times your information will be treated in accordance with the Mordicus privacy policy, which is included in this License for reference purposes and can be viewed at the following address: www.mordicus.ca.
      2. In addition, the third party services and elements that can potentially be accessed, displayed or referred to through links from the MORDICUS software are not all available in every language and every country. Mordicus does not guarantee that said third party services and elements are suitable for, and available in, all geographical locations. In so far as you choose to use or access such third party services or data, you do so at your own initiative and are responsible for compliance with any applicable laws, including but not limited to, applicable national laws and privacy and data collection laws. Mordicus and its licensors reserve the right to modify, suspend, remove, or disable access to any services at any time and without prior notice. In no event shall Mordicus be liable for removing or disabling access to any one of these services. Mordicus may also impose limits on the use of or access to certain services, at any time and without prior notice or liability.
  1. Termination. This License is effective until terminated. Your rights under this License will terminate automatically or otherwise cease to be effective without notice from Mordicus if you fail to comply with any of the terms or conditions of this License. Upon the termination of this License, you must cease all use of the Mordicus software and destroy all copies, both complete and incomplete, of said software. Sections 4, 5, 6, 7, 8 and 9 shall remain effective upon termination of this License.
  1. Disclaimer of warranties.
    1. If you are a consumer (i.e. someone who uses the Mordicus software for purposes outside of your trade, business or profession), you may have rights in your country of residence which mean that the following restrictions would not apply to you. In countries where these restrictions are prohibited, they do not apply. To find out more about consumer rights, we recommend you contact a local consumer advice organization.
    2. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT, TO THE EXTENT PERMITTED BY APPLICABLE LAW, USE OF THE MORDICUS SOFTWARE AND ANY SERVICE PROVIDED BY OR ACCESSED THROUGH THE MORDICUS SOFTWARE IS AT YOUR OWN RISK AND THAT YOU BEAR THE ENTIRE RISK AS TO ITS SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT.
    3. TO THE MAXIMUM EXTENT AUTHORISED BY LAW, THE MORDICUS SOFTWARE AND SERVICES ARE SUPPLIED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND; MORDICUS AND ITS LICENSORS (KNOWN COLLECTIVELY AS ‘MORDICUS’ IN SECTIONS 7 AND 8) HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS REGARDING THE MORDICUS SOFTWARE AND SERVICES, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, ALL IMPLIED WARRANTIES AND/OR CONDITIONS WITH RESPECT TO THE SOFTWARE OR SERVICES’ MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, QUIET ENJOYMENT AND NON-INFRINGEMENT OF THIRD-PARTY RIGHTS.
    4. MORDICUS DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE SOFTWARE OR SERVICES, THAT THE FUNCTIONS CONTAINED IN, OR THE SERVICES PERFORMED OR PROVIDED BY, THE MORDICUS SOFTWARE WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE MORDICUS SOFTWARE OR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT THE SERVICES WILL ALWAYS BE AVAILABLE, THAT THE MORDICUS SOFTWARE OR SERVICES WILL BE COMPATIBLE WITH OR OPERATE WITH THIRD PARTY SOFTWARE, APPLICATIONS OR SERVICES, OR THAT DEFECTS IN THE MORDICUS SOFTWARE OR SERVICES WILL BE CORRECTED. INSTALLATION OF THIS MORDICUS SOFTWARE MAY AFFECT THE AVAILABILITY AND USE OF THIRD-PARTY SOFTWARE, APPLICATIONS OR SERVICES AND OTHER MORDICUS PRODUCTS OR SERVICES.
    5. YOU ACKNOWLEDGE THAT YOU UNDERSTAND THAT THE MORDICUS SOFTWARE AND SERVICES ARE NOT INTENDED OR DESIGNED TO BE USED IN SITUATIONS OR ENVIRONMENTS WHERE FAILURES, DELAYS, ERRORS OR INACCURACIES IN TRANSMITTING DATA OR INFORMATION VIA THE MORDICUS SOFTWARE OR SERVICES COULD CAUSE DAMAGE OF ANY KIND WHATSOEVER, INCLUDING DEATH, PERSONAL INJURY, FINANCIAL, PHYSICAL OR MATERIAL DAMAGE OR DAMAGE TO PROPERTY OR THE ENVIRONMENT.
    6. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY MORDICUS OR AN AUTHORIZED MORDICUS REPRESENTATIVE SHALL CREATE A WARRANTY. SHOULD THE MORDICUS SOFTWARE PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE CONSUMER RIGHTS, WHICH MEANS THAT THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU.
  1. Limitation of liability. TO THE EXTENT NOT PROHIBITED BY APPLICABLE LAW, IN NO EVENT SHALL MORDICUS BE LIABLE FOR PERSONAL INJURY, NOR FOR ANY ACCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, DAMAGE TO OR LOSS OF DATA, FAILURES IN SENDING OR RECEIVING DATA OR ANY OTHER INFORMATION, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE MORDICUS SOFTWARE OR SERVICES OR ANY THIRD PARTY SOFTWARE IN CONJUNCTION WITH THE MORDICUS SOFTWARE OR SERVICES, WHATEVER THE CAUSE, REGARDLESS OF THE THEORY OF LIABILITY (BREACH OF CONTRACT, TORT OR OTHERWISE) AND EVEN IF MORDICUS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR PERSONAL, INDIRECT OR CONSEQUENTIAL DAMAGES, WHICH MEANS THAT THIS LIMITATION MAY NOT APPLY TO YOU. In no event shall Mordicus’s total liability to you for all damages (other than as may be required by applicable law in cases involving personal injury) exceed the amount of fifty dollars ($50.00). The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.
  1. Digital certificates. The MORDICUS software contains functionality that allows it to accept digital certificates issued either by Mordicus or by third parties. YOU ARE THEREFORE RESPONSIBLE IF YOU DECIDE TO TRUST A CERTIFICATE WHETHER ISSUED BY MORDICUS OR A THIRD PARTY. YOUR USE OF DIGITAL CERTIFICATES IS ENTIRELY AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, MORDICUS MAKES NO WARRANTIES OR REPRESENTATIONS, EXPRESS OR IMPLIED, AS TO MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE, ACCURACY, SECURITY, OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS WITH RESPECT TO DIGITAL CERTIFICATES.You agree that (a) you will not falsify or misuse any certificate; (b) you will use digital certificates for legal purposes only and only as permitted by the applicable Certificate Policy, Certificate Practice Statement or other Certificate Authority business practice statements; (c) you are solely responsible for preventing any unauthorized user from making use of your digital certificates; you will ensure that no unauthorized user can use the private key associated with your digital certificate; and (e) you will revoke any certificate whose reliability is no longer guaranteed. Mordicus’s certificate policy and certificate practice statements may be viewed at the following address: www.mordicus.ca.
  1. Export control. You may not use, export or re-export the Mordicus software except as authorized by Canadian law and the laws of the country or countries in which the Mordicus software was acquired. In particular, but without limitation, the Mordicus software may not be exported or re-exported (a) into any country embargoed by Canada.

 

Revised on 03/24/2016