Terms and Conditions

License Agreement

TPN’s one-time licensing fee enables you to use Desk Clinic/ Pocket Clinic, but some conditions apply. We invite you to carefully read and agree to the terms and conditions of the license below before using the software.

TPN’s Desk Clinic/ Pocket Clinic(TM) – License Agreement

PLEASE READ THIS LICENSE CAREFULLY BEFORE INSTALLING, COPYING, OR OTHERWISE USING THIS SOFTWARE. BY USING THIS SOFTWARE, YOU AGREE TO BECOME BOUND BY THE TERMS OF THIS LICENSE. IF YOU DO NOT AGREE TO THE TERMS OF THIS LICENSE, DO NOT INSTALL, COPY OR USE THIS SOFTWARE.

The included computer programs (“Software”) are licensed, not sold, to you by The Physiotherapy Network Ltd.. (“TPN”) for use only under the terms of this License, and TPN reserves any rights not expressly granted to you. You own the media on which the Software is recorded or fixed, but TPN and its licensors retain ownership of the Software itself. The term “Software” includes PDF Library, and related documentation, and any upgrades, modified versions, updates, additions, and copies thereof.

1. LICENCE.

TPN grants you a non-exclusive, non-transferable, worldwide license to:

(a) Install one copy of the Software on a single computer. To “install” the Software means that the Software is either loaded or installed on the permanent memory of a computer (i.e., hard disk, CD ROM, etc.). You may only install the Software on another computer if you first remove the Software from the computer in which it was previously installed.
(b) Make one copy of the Software in machine-readable form solely for backup purposes, provided the backup copy is not installed or used on any computer. As an express condition of this License, you must reproduce on each copy all copyright notices or other proprietary notices that are on the original copy supplied by TPN.

(c) Your license is limited to the particular version (collectively “Version”) of the Software you have received from TPN. Therefore, use of a Version other than the one encompassed by this License Agreement requires a separate license.

(d) Notwithstanding any other terms in this License, if the Software is licensed as an upgrade or update, then you may only use the Software to replace previously validly licensed versions of the same software. You agree that the upgrade or update does not constitute the granting of a second license to the Software (i.e., you may not use the upgrade or update in addition to the software it is replacing, nor may you transfer the software which is being replaced to a third party).

(e) The Software contains a license file, which is subject to the restrictions set forth above and may not be distributed by you in any way. However, TPN and its licensors grant you a royalty-free right to reproduce and distribute the files named “Desk Clinic/ Pocket Clinic” provided that (i) you distribute “Desk Clinic/ Pocket Clinic” only in conjunction with and as part of your own Products; (ii) own a license for the specific Version of the Software that contains “Desk Clinic/ Pocket Clinic”; (iii) agree to indemnify, hold harmless and defend TPN and its licensors from and against any claims or lawsuits, including legal fees, that arise or result from the use or distribution of your Products with “Desk Clinic/ Pocket Clinic”.

(f) Any third party who will use “Desk Clinic/ Pocket Clinic” in an authoring environment must purchase its own license of the Software.

(g) If the Software is licensed as educational, you may only use it (i) to teach the Software, or (ii) in non-commercial projects developed by schools, colleges or universities.

2. RESTRICTIONS.

(a) You may not transfer or assign your rights under this License to another party without TPN’s prior written consent.
(b) You may not rent, lease or lend any copy of the Software.

(c) The Software is owned by TPN and its suppliers, and its structure, organization and code are the valuable trade secrets of TPN and it suppliers. The Software is also protected by United Kingdom Copyright law and International Treaty provisions. YOU MAY NOT COPY THE SOFTWARE, EXCEPT AS PROVIDED IN THIS AGREEMENT. ANY COPIES THAT YOU ARE PERMITTED TO MAKE PURSUANT TO THIS AGREEMENT MUST CONTAIN THE SAME COPYRIGHT AND OTHER PROPRIETARY NOTICES THAT APPEAR ON OR IN THE SOFTWARE. YOU AGREE NOT TO MODIFY, ADAPT, TRANSLATE, REVERSE ENGINEER, DECOMPILE, DISASSEMBLE OR OTHERWISE ATTEMPT TO DISCOVER THE SOURCE CODE OF THE SOFTWARE. EXCEPT AS STATED ABOVE, THIS AGREEMENT DOES NOT GRANT YOU ANY INTELLECTUAL PROPERTY RIGHTS IN THE SOFTWARE.

(d) THE SOFTWARE IS NOT INTENDED FOR USE IN THE OPERATION ENVIRONMENTS IN WHICH THE FAILURE OF THE SOFTWARE COULD LEAD TO DEATH, PERSONAL INJURY, OR PHYSICAL OR ENVIRONMENTAL DAMAGE.

(e) All recommendations, suggestions or reports are inter allia based upon answers provided by the user and are proffered subject to terms at clause 9 and any other applicable part of this agreement.

3. Copyright Notices.

You may not alter or change TPN’s and its licensors’ copyright notices as contained in the Software. You must include a copyright notice, in direct proximity to your own copyright notice, in substantially the following form “Portions of code are Copyright (c)2016-2020 used under license by The Physiotherapy Network Ltd..”

4. “Enhanced by TPN’s Desk Clinic/ Pocket Clinic” logo.

(a) You must place the “Enhanced by TPN’s Desk Clinic/ Pocket Clinic” logo in a prominent location of the credits section of your project or in the introduction screen of your project, or on a visible part of the physical packaging. The “Enhanced by TPN’s Desk Clinic/ Pocket Clinic” logo may not be used as a feature or design element of any other logo, nor may it be altered or modified in any way. This display of the “Enhanced by TPN’s Desk Clinic/ Pocket Clinic” logo applies to all projects developed with the Software, except in projects for which an Desk Clinic/ Pocket Clinic Project Logo Waiver is acquired in accordance with section 4(b).

(b) You may be waived from the application of Section 4a, on a per-project basis, upon payment of a minimal fee for each project. Please see the Desk Clinic/ Pocket Clinic Project Logo Waiver form for details.

5. Font License.

If the Software includes font software you may embed the font software, or outlines of the font software, into your electronic documents to the extent that the font vendor copyright owner allows for such embedding. The fonts contained in this package may contain both Adobe and non-Adobe owned fonts. You may fully embed any font owned by Adobe.

6. Supplementary Licenses.

Rights that are not granted under this Agreement may be available under a separate agreement. If you would like to enter into one such agreement, please contact TPN.

7. Acceptance.

The Software shall be deemed accepted by you upon delivery unless you provide TPN, within two (2) weeks therein, with a written description of any bona fide defects in material or workmanship.

 8. Termination.

This License is effective until terminated. This License will terminate immediately without notice from TPN or judicial resolution if you fail to comply with any provision of this License. Upon such termination you must destroy the Software, all accompanying written materials and all copies thereof, and Sections 7, 8 and 9 will survive any termination.

9. Limitation of Remedies and Damages.

In no event will TPN or its licensors, directors, officers, employees or affiliates of any of the foregoing be liable to you for any consequential, incidental, indirect or special damages whatsoever (including, without limitation, loss of expected savings, loss of confidential information, presence of viruses, damages for loss of profits, business interruption, loss of business information and the like), whether foreseeable or not, arising out of the use of or inability to use the Software or accompanying materials, regardless of the basis of the claim and even if TPN or an TPN representative has been advised of the possibility of such damage. TPN’s liability to you for direct damages for any cause whatsoever, and regardless of the form of the action, will be limited, at TPN’s option, to the replacement of the media, refund of the purchase price or repair or replacement of the Software.

10. Export Rules.

In no event will TPN or its licensors, directors, officers, employees or affiliates of any of the foregoing be liable to you for any consequential, incidental, indirect or special damages whatsoever (including, without limitation, loss of expected savings, loss of confidential information, presence of viruses, damages for loss of profits, business interruption, loss of business information and the like), whether foreseeable or not, arising out of the use of or inability to use the Software or accompanying materials, regardless of the basis of the claim and even if TPN or an TPN representative has been advised of the possibility of such damage. TPN’s liability to you for direct damages for any cause whatsoever, and regardless of the form of the action, will be limited, at TPN’s option, to the replacement of the media, refund of the purchase price or repair or replacement of the Software.

11. Trademarks.

Desk Clinic/ Pocket Clinic is a trademark belonging to TPN.

12. General Provisions.

If any part of this Agreement is found void and unenforceable, it will not affect the validity of the balance of the Agreement, which shall remain valid and enforceable according to its terms. This Agreement shall not prejudice the statutory rights of any party dealing as a consumer.
This Agreement will be construed under the laws of the United Kingdom, without regard to its conflict of law provisions. If any provision of this Agreement shall be held by a court of competent jurisdiction to be contrary to law, that provision will be enforced to the maximum extent permissible, and the remaining provisions of this Agreement will remain in full force and effect. The parties acknowledge having requested and being satisfied that this Agreement and its accessories be drawn in English. Les parties reconnaissent avoir demandÈ que cette entente et ses documents connexes soient rÈdigÈs en anglais et s’en dÈclarent satisfaits.

Address

Corporate Health Centre
106 Fenchurch Street London EC3M 5JE

Email Us

help@deskclinic.co.uk