Product License Agreement...

Doctors Data Source Product License Agreement:

You will need to accept the Product License Agreement before you can install the product on your computer.  Please read the License Agreement before you purchase the product.

DOCTORS DATA SOURCE.COM COPYRIGHT NOTICE - END USER LICENSE AGREEMENT - DISCLAIMER

Copyright ©2001-2009 - DoctorsDataSource.com All rights reserved

IMPORTANT-READ CAREFULLY: This End-User License Agreement ("EULA") is a legal agreement between you (either an individual or a single entity) and Doctors Data Source.com. for all Doctors Data Source.com software products, which includes computer software and may include associated media, printed materials, and "online" or electronic documentation ("Product"). An amendment or addendum to this EULA may accompany the Product.

YOU AGREE TO BE BOUND BY THE TERMS OF THIS EULA BY INSTALLING, COPYING, OR OTHERWISE USING THE PRODUCT. IF YOU DO NOT AGREE, DO NOT INSTALL OR USE THE PRODUCT.

1. GRANT OF LICENSE:
Doctors Data Source.com grants you the following rights provided that you comply
with all terms and conditions of this EULA:

(a) You may install and use one copy of the Software on multiple computers within
one office network setting for each doctor practicing within the one office network setting (into RAM and/or onto computer hard drive);

(b) You may access the Software and query, display and manipulate the data contained therein for your own internal use;

(c) You may make a single copy of the Software for back-up purposes only.

2. UPGRADES
To use a Product identified as an upgrade, you must first be licensed for the product identified by Doctors Data Source.com, as eligible for the upgrade.

3. ADDITIONAL SOFTWARE:
This EULA applies to updates or supplements to the original Product provided by Doctors Data Source.com, unless we provide other terms along with the update or supplement.

4.LIMITATION ON REVERSE ENGINEERING, DECOMPILATION, AND DISASSEMBLY:
You may not reverse engineer, decompile, or disassemble the Product, except and only to the extent that it is expressly permitted by applicable law notwithstanding this limitation.

5. TERMINATION:
Without prejudice to any other rights, Doctors Data Source.com may cancel this EULA at anytime and without notice if you do not abide by the terms and conditions of this EULA, or the terms and conditions of any other agreement with Doctors Data Source.com, it's partners, affiliates, or resellers, in which case you must destroy all copies of the Product and all of its component parts.

6. CONSENT TO USE OF DATA:
You agree that Doctors Data Source.com and its affiliates may collect and use technical information you provide as a part of support services related to the Product. Doctors Data Source.com agrees not to use this information in a form that personally identifies you.

7. LIMITED WARRANTY FOR SOFTWARE PRODUCTS:
Doctors Data Source.com warrants that the Product will perform substantially in accordance with the accompanying materials for a period equal to the evaluation period of the Product. If an implied warranty or condition is created by your state/jurisdiction and federal or state/provincial law prohibits disclaimer of it, you also have an implied warranty or condition, BUT ONLY AS TO DEFECTS DISCOVERED DURING THE PERIOD OF THIS LIMITED WARRANTY. AS TO ANYDEFECTS DISCOVERED AFTER THE LIMITED WARRANTY PERIOD, THERE IS NO WARRANTY OR CONDITION OF ANY KIND. Some states/jurisdictions do not allow limitations on how long an implied warranty or condition lasts, so the above limitation may not apply to you. Any supplements or updates to the Product, including without limitation, any (if any) hot fixes provided to you after the expiration of the Limited Warranty period are not covered by any warranty or condition, express, implied or statutory.

8. LIMITATION ON REMEDIES; NO CONSEQUENTIAL OR OTHER DAMAGES:
Your exclusive remedy for any breach of this Limited Warranty is as set forth below:
Except for any refund elected by Doctors Data Source.com, YOU ARE NOT ENTITLED TO ANY DAMAGES, INCLUDING BUT NOT LIMITED TO CONSEQUENTIAL  DAMAGES, if the Product does not meet Doctors Data Source.com's Limited Warranty, and, to the maximum extent allowed by applicable law, even if any remedy fails of its essential purpose. The terms of Section 10 below ("Exclusion of Incidental, Consequential and Certain Other Damages") are also incorporated into this Limited Warranty. Some states/jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you. This Limited Warranty gives you specific legal rights. You may have others which vary from state/jurisdiction to state/jurisdiction. YOUR EXCLUSIVE REMEDY. Doctors Data Source.com 's and its suppliers' entire liability and your exclusive remedy shall be, at Doctors Data Source.com 's option from time to time exercised subject to applicable law:

(a) Return of the price paid (if any) for the Product.

(b) Repair or replacement of the Product, that does not meet this Limited Warranty
and that is returned to Doctors Data Source.com with a copy of your receipt. You will receive the remedy elected by Doctors Data Source.com without charge, except that you are responsible for any expenses you may incur (e.g. cost of shipping the Product to Doctors Data Source.com). This Limited Warranty is void if failure of the Product has resulted from accident, abuse, misapplication, abnormal use or a virus. Any replacement Product will be warranted for the remainder of the original warranty period or fourteen (14) days, whichever is longer. To exercise your remedy contact:

Address:
Doctors Data Source.com
Attn. Sales Department
4402 Broadway Blvd.
Suite 9
Garland, TX 75043

Email:
support@doctorsdatasource.com

9. DISCLAIMER OF WARRANTIES:
The Limited Warranty that appears above is the only express warranty made to you and is provided in lieu of any other express warranties (if any) created by any
documentation or packaging. Except for the Limited Warranty and to the maximum
extent permitted by applicable law, Doctors Data Source.com and its suppliers provide the Product and support services (if any) AS IS AND WITH ALL FAULTS, and hereby disclaim all other warranties and conditions, either express, implied or statutory, including, but not limited to, any (if any) implied warranties, duties or conditions of merchantability, of fitness for a particular purpose, of accuracy or completeness of responses, of results, of workmanlike effort, of lack of viruses, and of lack of negligence, all with regard to the Product, and the provision of or failure to provide support services. ALSO, THERE IS NO WARRANTY OR CONDITION OF TITLE, QUIET ENJOYMENT, QUIET POSSESSION, CORRESPONDENCE TO DESCRIPTION OR NON-INFRINGEMENT WITH REGARD TO THE PRODUCT.

10. EXCLUSION OF INCIDENTAL, CONSEQUENTIAL AND CERTAIN OTHER DAMAGES:
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL DOCTORS DATA SOURCE.COM OR ITS SUPPLIERS 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 LOSSWHATSOEVER) ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF OR INABILITY TO USE THE PRODUCT, THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES, 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 DOCTORS DATA SOURCE.COM OR ANY SUPPLIER, AND EVEN IF DOCTORS DATA SOURCE.COM OR ANY SUPPLIER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

11. LIMITATION OF LIABILITY AND REMEDIES:
Notwithstanding any damages that you might incur for any reason whatsoever (including, without limitation, all damages referenced above and all direct or general damages), the entire liability of Doctors Data Source.com and any of its suppliers under any provision of this EULA and your exclusive remedy for all of the foregoing (except for any remedy of repair or replacement elected by Doctors Data Source.com with respect to any breach of the Limited Warranty) shall be limited to the greater of the amount actually paid by you for the Product or U.S.$5.00. The foregoing limitations, exclusions and disclaimers (including Sections 9, 10 and 11 above) shall apply to the maximum extent permitted by applicable law, even if any remedy fails its essential purpose.

12. DISCLAIMER:
Doctors Data Source .com make no warranties that the information contained herein is in every respect accurate, timely, or complete. Doctors Data Source .com is not responsible for any errors or omissions or for the results obtained from theuse of the product. Users of this information are encouraged to confirm the information contained herein with other sources.

13. ACCURACY AND COMPLETENESS:
Accuracy and completeness are not guaranteed. While we have made every effort to prepare these forms accurately and completely these sample forms are provided as general guidance only and do not constitute legal advice.

14. LEGAL INQUIRIES:
Legal inquiries about topics covered in these Products should be directed to your attorney. In addition, you may want to have the sample forms/documents, reviewed by an appropriate internal committee in your practice or by legal counsel to determine if they are appropriate for use in your practice or institution.

15. APPLICABLE LAW:
This End User License Agreement shall be governed and construed in accordance with the laws of the State of Texas. Each of the parties irrevocably submits to the jurisdiction of the state or federal courts of Dallas County, Texas over any suit, action, or proceeding arising out of this Agreement.

16. ENTIRE AGREEMENT:
This EULA (including any addendum or amendment to this EULA which is includedwith the Product) are the entire agreement between you and Doctors Data Source.com relating to the Product and the support services (if any) and they supersede all prior or contemporaneous oral or written communications, proposals and representations with respect to the Product or any other subject matter covered by this EULA. To the extent the terms of any Doctors Data Source.com policies or programs for support services conflict with the terms of this EULA, the terms of this EULA shall control.

17. COPYRIGHT AND INTELLECTUAL PROPERTY:
The Product is protected by copyright and other intellectual property laws and treaties. Doctors Data Source.com or its suppliers own the title, copyright, and other intellectual property rights in the Product.

Doctors Data Source .com