End User License Agreement

 

Last updated: 8/2/2017

 

Please read this End User License Agreement ("Agreement") for the MSR (“Application”) carefully.  By using this software, you are agreeing to be bound by the terms below.  If you are agreeing on behalf of your company, then “you” means your company and those within your company who will use this Application.  If you do not agree to be bound by the terms of this Agreement, do not use this Application and delete all copies from your computer and storage devices.

 

Definitions

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HIPAA means the Health Insurance Portability and Accountability Act of 1996, Pub. L. No.104-191, including all implementing regulations and amendments.

 

HITECH means the Health Information Technology for Economic and Clinical Health Act, Pub. L. No. 111-5, Sec. 13001-13424, including all implementing regulations and amendments.

 

Your Data means patient records you have stored within the Application.

 

PHI means Protected Health Information as defined in the Code of Federal Regulations (CFR) and HIPAA

 

License

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Friddell Enterprises LLC ("Company" or “We”) grants you a revocable, non­exclusive, non­transferable, limited license to download, install and use the Application on a single computer owned, leased, or otherwise controlled by you.  This Application and accompanying documentation are copyrighted and licensed to you under this agreement, not sold to you.  Except to the extent expressly licensed herein, all rights are reserved to Company.  You may use this Application in a networked environment within your company on computers other than the computer on which the Application resides, provided all user abide by the terms of this agreement.  You can make copies of the Application for backup or archival purposes only. 

 

Restrictions

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You agree not to, and you will not permit others to:

 

a) License, sell, rent, lease, assign, distribute, transmit, host, outsource, disclose or otherwise commercially exploit the Application or make the Application available to any third party.

 

b) Attempt to access or modify the source code, decrypt or otherwise defeat any password protections or licensing controls, or attempt to adapt, improve, enhance, translate or create a derivative work.

 

c) Remove, alter or obscure any copyright notice(s) from Company concerning this product and supporting documentation.

 

If you become aware of any unauthorized use of the Application, or release of the Application and/or license key to someone not bound by this Agreement, you agree to immediately notify Company in writing.

 

Trial Period

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You may download and use the Application for free for thirty (30) days subject to the terms of this Agreement.  The trial period is for evaluation purposes only and once expired, the Application will switch to a read-only mode.  You have the option of reactivating all features by purchasing a license from the Company website.  Company will have no liability to you for loss of features for an unlicensed Application both during or after the trial period is over.

 

Payment and Taxes

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Fees for Licensing the Application are posted on the Company website, and may be changed from time to time. Changes will not be applied retroactively to existing licensees.  A valid credit card number is required in order to enter into this Agreement. You hereby represent and warrant that you are authorized to use the credit card provided to us in association with this Agreement. If Licensor cannot process your credit card for any reason, delivery of the license activation key may be delayed until payment can be processed. 

 

Fees will not include, and Licensee is responsible for paying any applicable sales, use, gross receipts, excise, import, export, value added or similar taxes. Each party will bear its own taxes as levied under applicable law.

 

Termination of Licensing

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Your license will remain in effect until either the license term expires or your license is revoked because the Agreement was terminated.  With an expired license, you can still use the application to view or print existing records.  If you choose to renew an expired license you can do so at the Company website.  If your license is revoked, you shall cease all use of the Application and delete all copies of the Application from your computer(s) and any other storage device(s).  No refunds for licensing fees will be given for a revoked license.

 

Termination of Agreement

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This Agreement shall remain in effect until terminated by you or Company.  However, this Agreement will terminate immediately, without prior notice from Company, in the event that you fail to comply with any provision of this Agreement.  You may also terminate this Agreement at any time and without penalty.  Upon termination of this Agreement, you shall cease all use of the Application and delete all copies of the Application from your computer(s) and any other storage device(s).  No refunds for licensing fees will be given for a terminated agreement.

 

Modifications to Application

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Company reserves the right to modify, suspend or discontinue, temporarily or permanently, the Application without liability to you.

 

Warranty

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This Application and accompanying documentation are provided "as is" with no warranty.  Although every care has been taken to make the Application reliable and the information correct, Company and affiliates do not assume responsibility for Application accuracy or performance.  Unless agreed to in a separate contract, Company and affiliates are not obligated to provide ongoing support, updates, enhancements or modifications. 

 

Limitations of Liability

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To the maximum extent permitted by law, the Company and its affiliates, suppliers or licensors shall not be liable for any direct or indirect damages arising from your access or use or inability to access or use the Application, whether or not those damages were foreseeable and whether or not Company was advised of the possibility of such damages.  Company also disclaims liability for loss, injury, death, failure of computer hardware, software or security systems, business interruption, work stoppage, data loss, inappropriate use of personal data or other prejudice of any kind that may arise as a result of the distribution and/or use of this Application or any future derivative.

 

Indemnification 

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You agree to indemnify and hold Company and its affiliates, harmless from all claims, actions, liabilities, losses, damages, judgments, fines and expenses, including reasonable attorneys’ fees, arising out of your use of the Application.  This indemnification includes judgements or fines relating to the use or disclosure of protected health information, as that term is defined by HIPAA.

 

Customer Remedies

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Your exclusive remedy shall be, at our option, repair or replacement of the application or refund of part or all of the annual or one-time license fee, if any, paid by you for the application.  Company and you acknowledge and agree that these limitations are an essential element of this agreement and that the price of licensing the Application is determined in part by taking into account the existence of these limitations.

 

Privacy and Data Control

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We will not track or collect information about you, Your Data, or your use of the Application except as you specifically authorize or provide with your license purchase. The Application will not automatically download or install updates.  We will not intentionally deprive you of your ability to access your data or use any features of a licensed Application.

 

When you use this Application, Your Data will contain Protected Health Information (PHI) and you agree to safeguard that information in accordance with all applicable laws and regulations including those set forth by HIPAA and HITECH.

 

If this Agreement is terminated by you or Company, you agree your right to access Your Data will not preclude deleting all copies of the Application.  You will have the option of printing a hard copy of Your Data before deleting the Application.  Company assumes no responsibility or liability for Your Data, and you shall be solely responsible for the consequences of using, disclosing, storing, backing-up or transmitting Your Data.

 

Company does not anticipate a need to have access to PHI in the normal course of Application installation, maintenance or updating.  If access to PHI is needed, a separate written contract between Company and you is required.

 

Severability

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If any provision of this Agreement is held to be unenforceable or invalid, the remaining provisions will continue in full force and effect. 

 

Amendments to this Agreement

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Company reserves the right to modify or replace this Agreement.  If a revision is material We will provide at least thirty (30) days notice prior to any new terms taking effect.  What constitutes a material change will be at Company discretion.  Notices may be either posting to the Company website or delivered by electronic mail to your email address on file with Company.

 

Entire Agreement

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Unless otherwise expressly agreed in writing by you and Company, this Agreement constitutes the sole and exclusive agreement between you and Company with regard to the Application.

 

Governing Laws

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This Agreement is governed by laws of the state of Arizona, without respect to its conflict of laws principles. The sole jurisdiction and venue for any claim arising from your use of the Application and this Agreement shall be the state and federal courts located in Arizona.  Each party hereby consents to the exclusive jurisdiction and venue of such courts.  You agree that regardless of any statute or law to the contrary, any claim arising from the use of the Application or concerning this Agreement must be filed within one (1) year after the claim or the cause of action arose or be forever barred.

 

Contact Information

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If you have any questions about this Agreement, please contact us at:

Admin@birthgenxl.com  (Correspondence must be in English)

 

Copyright 2017© Friddell Enterprises LLC. All Rights Reserved

© 2019 by Jerry Friddell