General Terms - TCM Pro, the Chinese Medicine web software platform

LICENSE AGREEMENT FOR THE END USER OF THE TCM PRO® PLATFORM

TCM PRO is published by ALDEMOS hereinafter referred to as "the PUBLISHER".
The author and owner of the TCM PRO web code is ALDEMOS.

By initial database is meant the entire database of the TCM PRO platform except the data added by users.
The company ALDEMOS is hereinafter referred to as “the AUTHORS”.

IMPORTANT, PLEASE READ CAREFULLY: This End User License Agreement (hereinafter referred to as “EULA”) is a legal agreement between you (an individual or legal person), the PUBLISHER and the AUTHORS for the software identified above, including the executable software and its dependencies, its database, its associated media and which may include the electronic documentation, this set being called the “SOFTWARE PRODUCT”.
The "PERSONALIZED DATA" are the data that the "SOFTWARE PRODUCT" is capable of producing: Diagnosis, actions of a formula created by the user or any other data resulting from the use of the "SOFTWARE PRODUCT".
By using the "SOFTWARE PRODUCT", you agree to comply with each and every one of the provisions of this EULA. The "SOFTWARE PRODUCT" also includes any updates or added components, internet services and supplements that the PUBLISHER may provide or make available to you, to the extent that such extensions are not accompanied by a separate license to use.
The "SOFTWARE PRODUCT" is not sold, only a user license is granted to you.
If you disagree with one or more of the provisions of this EULA, do not use the "SOFTWARE PRODUCT".

TCM PRO is a registered trademark.

The "SOFTWARE PRODUCT" (and its internal database) are protected by copyright laws and international treaties (as well as the APP, the program protection agency).

All the provisions (if no other condition is specified) of this EULA are applicable to the different versions of the "SOFTWARE PRODUCT".

1. GRANT OF A LICENSE

Subscription to the platform grants the registered user the right to access it on an unlimited number of computers (desktop, tablet or smartphone), via a web browser. In order to use it as a teaching aid, you must nevertheless acquire a "teacher" license.

2. DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS.

You must not reverse engineer, decompile, disassemble or translate the SOFTWARE PRODUCT.

You must not sell, rent, lend, sublicense, share, redistribute or in any way allow a third party to use the SOFTWARE PRODUCT directly or indirectly, even in timeshare.

You cannot permanently transfer all your rights from this EULA without the written consent of the PUBLISHER

You must not create or use a website where you deliver services or data from the SOFTWARE PRODUCT dynamically. A prohibited dynamic way of using the SOFTWARE PRODUCT is, for example, to carry out diagnostics or treatment online systematically through the SOFTWARE PRODUCT. Only the exchange of "PERSONALIZED DATA" or the presentation of point data in a static manner is permitted. However, you can place “PERSONALIZED DATA” on a website, such as a set of pharmacopoeia formulas from the SOFTWARE PRODUCT, give a presentation on the study of a pathology or a set of plants using the PRODUCT. SOFTWARE provided that this data is static and that there is no direct commercial advantage. The fact that this data comes from the "SOFTWARE PRODUCT" must be explicitly mentioned.
If in doubt about the use of "PERSONALIZED DATA" over the Internet, please consult the EDITOR directly.
Any commercial use of “PERSONALIZED DATA”, whether over the Internet or not, is prohibited. Only use for therapeutic purposes (in a therapist’s office for example) or for study purposes is authorized.
However, if you have a “Teacher” license, you can use the software in an educational context in a classroom.

Copyrights
All rights and copyrights relating to the SOFTWARE PRODUCT (including without limitation the images, photographs, animations, videos, audio passages, music, internal texts (for “PERSONALIZED DATA” see the dedicated section) and “applets” incorporated into the SOFTWARE PRODUCT), the accompanying material, and any copy of the SOFTWARE PRODUCT are the property of the AUTHORS.
The SOFTWARE PRODUCT is protected by copyright laws and international treaties (as filed with the APP, Agency for the Protection of Programs).
You must not take any action which could compromise the rights of the PUBLISHER, AUTHORS or the rights of the owners of valid licenses, or to acquire r rights concerning the SOFTWARE PRODUCT other than those described in this EULA
The AUTHORS are and will remain the owners of all rights to any copy, translation, modification or adaptation of the SOFTWARE PRODUCT, including all improvements and developments thereof.

You can freely distribute (if it is not for commercial use) the PERSONALIZED DATA (texts, exported data) as follows:
If more than 10% of the data of this PERSONALIZED DATA come from the initial database of the SOFTWARE PRODUCT, the mention "TCM Pro" must be clearly indicated in your work.
The authors of "PERSONALIZED DATA" must take precautions to protect their own copyright rights. In any case, the copyright of the authors of the "PERSONALIZED DATA" is applicable only to new data (compared to that existing in the initial database of the SOFTWARE PRODUCT).
In any case, a copyright cannot be applied to the composition of an acupuncture formula.
In any case, a copyright cannot be applicable on the composition of a pharmacopoeia formula, if it comes from a historical text of traditional Chinese medicine.
Neither the AUTHORS nor the PUBLISHER can be held responsible in any way for the use by third parties of the content of the "PERSONALIZED DATA" exchanged or sold, even if such content may be in violation of Copyright laws. .
The authors of the PERSONALIZED DATA are fully responsible for any PERSONALIZED DATA that they export from the SOFTWARE PRODUCT.

3. "TEACHER" LICENSE ONLY

A “TEACHER” LICENSE is necessary if you wish to use the SOFTWARE PRODUCT in the presence and for a group of several people (such as a teacher to his students or trainees).

4. LIMITATION OF WARRANTIES, LIMITATION OF LIABILITY:

The PUBLISHER guarantees that the SOFTWARE PRODUCT will function in general as indicated in the accompanying written texts (help) and the demonstrations of the website.
The PUBLISHER warrants that the technical support services provided by him will generally function as indicated in the written material provided by the PUBLISHER
By purchasing a license, you implicitly declare that you have verified in a real and practical way that the SOFTWARE PRODUCT meets your expectations if it behaves as indicated in the content of the website (texts and demonstrations and videos). You can in doubt use the software for free for a week.
Any purchase of one year of license is final.

3. "TEACHER" LICENSE ONLY

A “TEACHER” LICENSE is necessary if you wish to use the SOFTWARE PRODUCT in the presence and for a group of several people (such as a teacher to his students or trainees).

4. LIMITATION OF WARRANTIES, LIMITATION OF LIABILITY:

Any version:
The SOFTWARE PRODUCT is intended for professional therapists or students (in traditional Chinese medicine (TCM) acupuncture or energy).
Use of the SOFTWARE PRODUCT or possession of a valid license does not entitle you to legally practice traditional Chinese medicine or acupuncture, unless you have the legal right on your own to do so.
If you wish to legally practice traditional Chinese medicine or acupuncture, you must have the legal rights to do so, in accordance with the laws of your country or the country where you wish to practice.
The internal database of the SOFTWARE PRODUCT may contain certain errors, particularly in terms of contraindications for the use of certain acupuncture points and / or the toxicity of certain pharmacopoeia products.
Help with diagnosis and treatment can make mistakes. You, as a competent therapist or student, must be able to verify the safety, validity and suitability of the treatments offered by the SOFTWARE PRODUCT and you must do so before applying them.
Neither the PUBLISHER nor the AUTHORS will be responsible in any way whatsoever for the consequences of a practical application of a treatment offered by the SOFTWARE PRODUCT.
Neither the PUBLISHER nor the AUTHORS will be responsible in any way for the content or consequences of the use of any "PERSONALIZED DATA".
The author (TCM Pro user) of the "PERSONALIZED DATA" is responsible for any "PERSONALIZED DATA" that he exchanges or exports from the SOFTWARE PRODUCT.
The contents of the initial database of the SOFTWARE PRODUCT are faithful to the classic historical texts of traditional Chinese medicine and may contain in its list of pharmacopoeia products, animal or plant species protected or others whose use is prohibited by the law. You must verify that the use of the products offered is legal in the country where you wish to practice. The SOFTWARE PRODUCT and particularly the PUBLISHER and AUTHORS do not encourage the use of prohibited products. Neither the PUBLISHER nor the AUTHORS will be responsible in any way for the use of prohibited products. It is your responsibility to replace prohibited products with products authorized by law.
The SOFTWARE PRODUCT is capable of recording a patient list. This strictly personal list cannot be viewed by other users. Neither the PUBLISHER nor the AUTHORS authorize themselves the right to access this data for reasons other than maintenance reasons. Everything is done to secure this data, such as duplication for example, but it is possible (however unlikely) that in the event of a serious hardware failure or software bug, you lose a patient list. You must take the precaution of backing up your data.
The EDITOR and the AUTHORS decline all responsibility in the event that a patient list is illegible, stolen, lost or in any situation where the use (or inability to use) of a part of the initial database of the SOFTWARE PRODUCT or "PERSONALIZED DATA" could be detrimental to one or more natural or legal persons, or organizations.
No warranty is given in the event of operational problems occurring during, among other things, incompatibility due to an update patch or a video card driver or any hardware or software compatibility issue. Every precaution has been taken in the development of the SOFTWARE PRODUCT, but the possibility of errors cannot be totally excluded. Neither the EDITOR nor the AUTHORS will be responsible in any way for any errors in programming or in the content of the database and their consequences.

THE WARRANTIES CONTAINED IN THIS AGREEMENT ARE THE SOLE WARRANTIES PROVIDED IN CONNECTION WITH THE PURPOSE OF THIS AGREEMENT AND THEY CONSTITUTE A LIMITED WARRANTY. YOU EXPRESSLY DISCLAIM ALL OTHER WARRANTIES, EXPRESS OR LEGAL, INCLUDING, WITHOUT LIMITATION, ANY STATUTORY WARRANTIES REGARDING HIDDEN DEFECTS, AVICTION, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. LIMITATION OF LEGAL WARRANTIES, ONE OR MORE OF THE ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY. IT IS ALSO POSSIBLE THAT YOU HAVE OTHER WARRANTY RIGHTS, WHICH RIGHTS MAY VARY FROM LOCATION TO LOCATION. IN NO EVENT SHALL THE VALUE OF THE GUARANTEE EXCEED THE VALUE OF THE PRODUCT THAT WAS SOLD TO YOU AND PAID TO YOU. LICENSEE EXPRESSLY DISCLAIMS ANY WARRANTY CLAIMS BEYOND THIS LIMIT.

Neither the PUBLISHER nor the AUTHORS can be held liable to you for any fault and any damage, direct or indirect, that may arise therefrom, and you hold the PUBLISHER and the AUTHORS clear and unharmed from any claim, including any warranty claim, in any of the following cases:
modifications made to the SOFTWARE PRODUCT by a person other than the AUTHORS or reporting to the latter;
modifications or additions, material or software, to IT equipment, having an effect on the proper functioning of the SOFTWARE PRODUCT;
introduction of a computer virus into computer equipment, having an effect on the proper functioning of the SOFTWARE PRODUCT;
loss of business opportunities or income related to the operation or lack of operation, or the use or lack of use of the SOFTWARE PRODUCT or its components.

EXCEPT AS OTHERWISE PROVIDED FOR IN THIS AGREEMENT, IN NO EVENT SHALL THE PUBLISHER OR THE AUTHOR (INCLUDING, IF APPLICABLE, THEIR SUBSIDIARIES AND PARENT COMPANY AS WELL AS SHAREHOLDERS, OFFICERS, OFFICERS, EMPLOYEES, COLLABORATORS AND SUBCONTRACTORS) CANNOT BE HELD RESPONSIBLE TO YOU OR TO THIRD PARTIES FOR ANY INDIRECT, INCIDENT, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES, INCLUDING, WITHOUT LIMITATION, ANY LOSS OF PROFIT OR OTHER ECONOMIC LOSS (ARISING FROM A CONTRACTUAL FAULT , TORT OR NEGLIGENCE) EVEN IF THE PUBLISHER OR AUTHOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE OCCURRING. SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, ONE OR MORE OF THE ABOVE-MENTIONED EXCLUSIONS OR LIMITATIONS MAY NOT APPLY. IT IS ALSO POSSIBLE THAT YOU HAVE OTHER RIGHTS, WHICH RIGHTS MAY VARY FROM PLACE TO PLACE. IN NO EVENT SHALL THE TOTAL LIABILITY OF THE PUBLISHER OR THE AUTHOR TO YOU EXCEED THE VALUE OF THE PRODUCT SOLD TO YOU AND PAID TO YOU. YOU EXPRESSLY RELEASE THE PUBLISHER AND AUTHOR FROM ANY LIABILITY BEYOND THIS LIMIT

5. INFORMATION RELATING TO LICENSE ACQUISITION:

An annual subscription is provided by the PUBLISHER, once payment has been accepted.
The personalization of this subscription is carried out by a username and a password.
When you take out a subscription you can choose the billing frequency (monthly or annual) on your account page, you can also change the subscription mode afterwards. Be sure to check the expiration date of your license in the My Account section so that you are not billed for the next period, we do not issue any refunds.
Auto-renewal is enabled by default on paid subscriptions. You can cancel the automatic renewal at any time to cancel your subscription.
A trial period is offered to all users, so the conclusion of a subscription is considered final.

The PUBLISHER and the AUTHORS decline all responsibility in the event of fraudulent use of data (username and / or password) (in the event that, for example, the preceding information has been stolen from you and used by a third party). It is the user’s responsibility to keep the aforementioned information in a safe place so as to avoid its fraudulent use by a third party.

6. SUPPORT SERVICES:

The PUBLISHER provides technical support for the SOFTWARE PRODUCT. (" Technical support ")
The use of Technical Support is governed by the PUBLISHER according to the methods described in the documentation on its website and / or any other material provided by the PUBLISHER.
Depending on the technical information you provide to PUBLISHER through Technical Support, PUBLISHER may use it for commercial and technical purposes including to improve Technical Support and the SOFTWARE PRODUCT itself. The PUBLISHER will not use such information in a form that could identify you personally.
Bug reports are made over the Internet via email.
Technical Support is provided via the forum if it is a question of a clarification requested on the use and not of a bug. The answer to the problem will be directly on the forum.
Questions must be of a technical nature, relating to the operation of the SOFTWARE PRODUCT. Pure Traditional Chinese Medicine questions will not be answered.

7. USER RESPONSIBILITIES:

You agree to the terms and conditions of use and transfer (Sections 1, 2, 3). Violations of these conditions are punishable by law and may give rise to claims for damages from the PUBLISHER or the AUTHORS.
In the event of a serious violation of this EULA, the PUBLISHER may at any time cancel the license and request that the SOFTWARE PRODUCT be returned, as well as an uninstallation procedure to be carried out.
If this EULA is canceled for any reason, you must comply with the following provisions:
a) You must stop using the SOFTWARE PRODUCT and the "PERSONALIZED DATA" * made with the SOFTWARE PRODUCT.
b) You must erase the SOFTWARE PRODUCT as well as any "PERSONALIZED DATA" * made with the SOFTWARE PRODUCT from the media on which you have copied them.
c) You must not keep one or more confidential information concerning the SOFTWARE PRODUCT.

(* This applies only to PERSONALIZED DATA made with the SOFTWARE PRODUCT from the moment you have failed to comply with the obligations mentioned in this EULA)
The PUBLISHER and the AUTHORS reserve all rights and remedies against you, including the right to injunction and / or claim damages, if you refuse to perform the obligations of this section by a deadline.
If you do not have a TEACHER LICENSE, you must not make a public presentation of the SOFTWARE PRODUCT.
If you fail to comply with the latter condition, the PUBLISHER and the AUTHORS reserve all rights and remedies against you, including the right to injunction and / or claim for damages (and the request for return (at your costs) of all PERSONALIZED DATA made with an illegal license for this use and any profit made therefrom or with the SOFTWARE PRODUCT), as well as the right to refuse to sell you a TEACHER LICENSE in the future.

8. DATA PROTECTION

You agree that the data concerning you that you provide will be stored on a computer.

9. CONCLUSION OF THIS AGREEMENT

You acknowledge that each and every clause of this EULA is readable that their understanding has not caused any difficulty.
This EULA represents the whole and the entirety of the agreement between you, the PUBLISHER and the AUTHORS. No statement, representation, promise or condition not contained in this EULA can and should not be accepted to contradict, modify or affect in any way the terms of this one.
This EULA can only be modified by another writing of this type, duly accepted by you, the PUBLISHER and the AUTHORS.
If you would like another type of license, then please contact the PUBLISHER directly.

10. END OF THE CONTRACT:

Without prejudice to other rights, the PUBLISHER or the AUTHORS reserve the right to terminate this EULA if you fail to comply with the terms and conditions thereof. In this case, you must fulfill the obligations specified in section 7.
If this EULA is complete:
a) Any license issued to you will have become invalid.
b) Any amount due to the PUBLISHER will be due immediately.

The end of this EULA does not have the effect of causing a party (yourself, the PUBLISHER or the AUTHORS) to lose a right or to release them from an obligation, in particular with regard to confidentiality, intellectual property. , limitation of warranty and limitation of liability. Said rights and obligations survive the end of this EULA.

11. FINAL CONDITIONS
This agreement applies to SOFTWARE PRODUCTS and CUSTOM DATA already provided and those to come.
If any condition of this agreement is or becomes void or if the agreement is incomplete, the other conditions remain unaffected.
The lapsed condition must be replaced by a legally valid condition which is as close as possible in terms of its economic consequences. This is the case with any shortcoming in this agreement.
This agreement is under the jurisdiction of the court of Geneva, Switzerland
This agreement is subject to Swiss law to the exclusion of laws dictated by UNCITRAL