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
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