End-user License Agreement |
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End-user License and Warranty Agreement Read the following carefully. This a legal agreement between you ("End User”) and DocuTrac, Inc. ("DocuTrac") for QuicDoc® and QuicForms™, which includes the computer software (“Software Products”) and associated media and printed materials, which may include electronic documentation. By installing, copying, or otherwise using the Software Product(s), End User agrees to be bound by the terms of this Licensing and Warranty Agreement. If End User does not accept the license as stated return the unused, unregistered product intact within 30 days of the purchase date, and if the Software Product(s) has not been unlocked and registered your money will be refunded. The Software Products are protected by copyright laws and international copyright treaties, as well as other international property laws and treaties. The Software Products are licensed, not sold. Conditions 1. This license entitles the End User to install and use the Software Products on a single central processing unit provided that there shall be no simultaneous use of the Software on any single central processing unit and that multiple central processing units cannot use or otherwise operate the Software on the single central processing unit, and on a network provided that simultaneous use does not exceed the number of licenses purchased. DocuTrac hereby grants Licensee the non-exclusive right to: (a) Use the Software Products as stated above in the United States of America during the term of this Agreement; (b) Use the documentation supplied with the Software Products during the term of this Agreement in support of End User’s use of the Software Products; and (c) Read the Software Products into and out of memory on any single central processing unit and make one copy of such Software Products for backup purposes, provided that such copy contains all restrictive and proprietary legends of DocuTrac that appear on the Software Products and/or their packaging. 2. QuicDoc® is a registered trademark owned by DocuTrac and the Software Products are protected by United States copyright laws and international treaty provisions. Therefore, End User must treat the software like any other copyrighted material. 3. The End User may make one or more backup or archival copies of the distribution disks or CD, but may not rent, sell, give, or otherwise transfer the original disks or copies of the disks to any other person, entity, organization, or agency. End User shall not use the Software Products, documentation or any portion thereof after any expiration, termination or cancellation of this Agreement or any license granted hereunder. 4. The End User may not make, or cause to be made, any copies in whole or part, of the printed manual or electronic materials without the prior written permission of DocuTrac. 5. The End User may not decompile, reverse assemble, or reverse engineer the Software Products. 6. This license is also binding as to any updates or revisions of the product, as received in any future distribution. 7. End User acknowledges having read this Licensing and Warranty Agreement, understands it, and agrees to be bound by its terms and conditions. End User also agrees that this Licensing and Warranty Agreement supersedes all proposals or prior agreements, verbal or written, and any other communication between the parties relating to the subject matter of this Licensing and Warranty Agreement. By End User loading the Software Products into memory of any central processing unit, it acknowledges being bound by all provisions of this Agreement. Term End User may terminate the license and this Licensing and Warranty Agreement at any time by returning or destroying copies of the Software Products and related printed and electronic documentation in your possession. Failure to comply with the above stated conditions will also automatically terminate the license and License and Warranty Agreement, in which case End User agrees to return or destroy all copies of the Software Products and related documentation in your possession. DocuTrac may cancel or terminate this Agreement and the license herein granted in the event End User breaches any provision of the Agreement. DocuTrac warrants that the distribution media is reasonably complete and in usable condition. Further, the Software Products will function substantially as described in the manual, provided that they are properly installed on a computer capable of running the Software Products. The End User acknowledges that he or she is responsible for making backup copies of the disks or CD and any related data on a regular basis, and for reading and following all applicable reference material, including the manual and on-line help. DocuTrac does not guarantee protection from errors made by the End User, any user or lost data. Except and to the extent expressly herein provided, the Software Products and documentation are provided “AS IS”, without any warranties of any kind, including, but not limited to, any implied warranties of merchantability of the Software Products, informational content, or fitness for End User’s purpose or system integration. There is no warranty against interference with End User’s enjoyment of the Software Products or against infringement of proprietary rights of another. End User assumes the entire liability for the selection and use of the Software Products and documentation, and DocuTrac shall have no liability for any malfunctions, errors, defects, or loss of data resulting from or related to the use of the Software Products and/or documentation. DocuTrac does not warrant that the Software Products product will be error-free. DocuTrac will make reasonable efforts to correct program defects, provided they are reported in a timely manner and with sufficient documentation to allow accurate identification of the nature of the error. Any error or fault in the Software Products shall be reported to DocuTrac at the following address: DocuTrac, Inc. This warranty is in lieu of all other warranties, express or implied, including but not limited to implied warranties of merchantability and fitness for a particular purpose. DocuTrac's liability shall, in any event, be limited to the purchase price of the Software Products and shall not include any indirect, special, or consequential damages or lost profits, such as the loss or destruction of data resulting from the use of the Software Products, or any professional consequences arising out of or related to use of reports prepared by QuicDoc or QuicForms. Important Statement Concerning OQ-45.1: This program includes the OQ-45.1. The OQ-45.1 is proprietary to the IHC Center for Behavioral Healthcare Efficacy of IHC Hospitals, Inc. (the "Center") and is: Copyright © 1994 IHC, All Rights Reserved Before using or relying upon the OQ-45.1, it is End User’s responsibility to ascertain the suitability of the OQ-45.1 for any and all uses. The OQ-45.1 is not a substitute for an independent medical or other appropriate professional evaluation. Any and all use of or the reliance on the OQ-45.1 by End User is at End User’s sole risk and sole responsibility. The OQ-45.1 is provided "As is" without warranty of any kind. Any and all implied warranties of merchantability, fitness for a particular purpose and noninfringement are disclaimed and excluded. The Center makes no warranty and has no obligation to you. Regarding: Health Status Questionnaire 2.0, Timberlawn Child Functioning Scale, OQ-45.1, Crisis Triage Rating Scale, Aims The above is to be referred to as Assessment/Outcome Measures. It is the responsibility of the End User to ascertain the suitability of any and all Assessment/Outcome Measures included in the Software Products for any and all uses made by the End User. The End User is bound by appropriate federal, state, provincial, and local regulations and laws regarding the use of the Assessment/Outcome Measures. These Assessment/Outcome Measures are not to be used as a substitute for an independent medical or other appropriate professional evaluation. Any and all uses of and reliance on the Assessment/Outcome Measures in the Outcomes Measures component of Software Products is at the End User’s sole risk and sole responsibility. The End User may not modify, or change the content, wording, or organization of the Assessment/Outcome Measures, or create any derivative work based on the above. All Assessment/Outcome Measures are provided "As is" without warranty of any kind. Any and all implied warranties of merchantability, fitness for a particular purpose and noninfringement are disclaimed and excluded. DocuTrac, Incorporated and the authors of the Assessment/Outcome Measures and their representatives make no warranty and have no obligation to you. Regarding Practice Letters and Forms It is the responsibility of the End User to ascertain the suitability of any and all practice letters and forms included in the Software Products for any and all uses made by the End User. The End User is bound by appropriate federal, state, provincial, and local regulations and laws regarding the use of the practice letters and forms. Any and all uses of and reliance on the Practice Letters and Forms in the Software Products is at the End User’s sole risk and sole responsibility. All practice letters and forms are provided "As is" without warranty of any kind. Any and all implied warranties of merchantability, fitness for a particular purpose and noninfringement are disclaimed and excluded. DocuTrac, Incorporated and the authors of the Practice Letters and Forms and their representatives make no warranty and have no obligation to you. This Agreement is the complete agreement and understanding between the parties with respect to the Software Products and documentation, and supercedes all prior oral, written or other representations and agreements. This Agreement may only be amended in writing by an authorized officer of DocuTrac, and DocuTrac expressly rejects any modifications to this Agreement and all additional terms and conditions. The laws of the State of Maryland shall govern this Agreement. Any dispute arising out of or relating to this Agreement, use of the Software Products, or use of the documentation shall be resolved only by binding, final, and non-appealable arbitration conducted in Maryland in accordance with the rules of the American Arbitration Association. If you do not wish to be bound to this Agreement, then return the Software Products and documentation prior to reading the Software Products into memory and DocuTrac will refund the purchase price. QuicDoc and Office Therapy are registered trademarks of DocuTrac, Inc. |