PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING SYMCAT.
You are attempting to download, install, or access as a web offering certain SymCAT software ("SymCAT," or the "Site,") provided by AHEAD Research, Inc. (“AHEAD”). By using SymCAT, you signify your assent to these Terms and Conditions (the “Agreement”). If you do not agree to all of these Terms and Conditions of use, do not download SymCAT or use the Site!
AHEAD may revise and update these Terms and Conditions at any time. Your continued usage of SymCAT will mean you accept those changes.
The contents of SymCAT, such as text, graphics, images, and other material contained on the Site ("Content") are for informational purposes only. The Content is not intended to be a substitute for professional medical advice, diagnosis, or treatment. Always seek the advice of your physician or other qualified health provider with any questions you may have regarding a medical condition. Never disregard professional medical advice or delay in seeking it because of something you have read on the Site.
If you think you may have a medical emergency, call your doctor or 911 immediately. AHEAD does not recommend or endorse any specific tests, physicians, products, procedures, opinions, or other information that may be mentioned on the Site. Reliance on any information provided by AHEAD, AHEAD employees, others appearing on the Site at the invitation of AHEAD, or other visitors to the Site is solely at your own risk.
The Site may contain health- or medical-related materials that are sexually explicit. If you find these materials offensive, you may not want to use our Site.
Subject to your compliance with, and during the term of, this Agreement, AHEAD grants you a non-exclusive, personal, non-transferable, non-sublicensable limited license to download, install, and operate SymCAT and to access the Site for your own internal, non-commercial purposes in accordance with this Agreement and any applicable documentation accompanying SymCAT. Except as expressly set forth in the previous sentence, you are granted no licenses or rights, whether by implication, estoppel, or otherwise, in or to SymCAT, or any intellectual property rights therein or related thereto without the prior written permission of AHEAD.
The use of SymCAT and the Content is at your own risk.
When using SymCAT, information will be transmitted over a medium that may be beyond the control and jurisdiction of AHEAD and its suppliers. Accordingly, AHEAD assumes no liability for or relating to the delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of SymCAT.
SymCAT and the content are provided on an "as is" basis. AHEAD, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES' RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE. Without limiting the foregoing, AHEAD makes no representations or warranties about the following:
In no event shall AHEAD be liable for any damages (including, without limitation, incidental and consequential damages, personal injury/wrongful death, lost profits, or damages resulting from lost data or business interruption) resulting from the use of or inability to use SymCAT or the Content, whether based on warranty, contract, tort, or any other legal theory, and whether or not AHEAD is advised of the possibility of such damages. AHEAD shall be liable only to the extent of actual damages incurred by you, not to exceed U.S. $1000. AHEAD is not liable for any personal injury, including death, caused by your use or misuse of the Site or Content. Any claims arising in connection with your use of the Site or any Content must be brought within one (1) year of the date of the event giving rise to such action occurred. Remedies under these Terms and Conditions are exclusive and are limited to those expressly provided for in these Terms and Conditions.
If any part of this Agreement is for any reason found to be unenforceable, all other parts nevertheless remain enforceable as long as a party's rights under this Agreement are not materially affected. In lieu of the unenforceable provision, the parties will substitute or add as part of this Agreement an enforceable provision that will be as similar as possible in economic and business objectives as was intended by the unenforceable provision.
Modifications. AHEAD reserves the right, at any time and without notice, to add to, change, update, or modify this Agreement, by providing notice to you. Any such addition, change, update, or modification will be effective immediately upon such notice.
Force Majeure. Any failure of AHEAD to perform or delay in the performance of AHEAD's obligations under this Agreement due to any cause or event not reasonably within AHEAD’s control, including but not limited to casualty, labor disputes, failure of equipment or carriers or utilities, compliance with governmental authority or Act of God, shall not constitute a breach of this Agreement, and AHEAD's performance shall be excused during such period of delay.