This EULA is a legal agreement between you the end user (either an individual person or a single legal entity, who will be referred to in this EULA as "You") and ASBware LLC ("ASBware"), which grants you a non-exclusive, non-transferable license to use this software program ("SOFTWARE"), accompanying documentation, and included materials ("CONTENT") in the English language, in accordance with the terms set forth in this License Agreement ("Agreement"). CONTENT consists of all included example templates and examples. THIS AGREEMENT SUPERSEDES PREVIOUS VERSIONS.
BY SELECTING THE "I accept the agreement" OPTION BELOW AND DOWNLOADING, INSTALLING, COPYING OR OTHERWISE USING THIS SOFTWARE YOU AGREE TO BE BOUND BY ALL OF THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, CLICK ON THE "CANCEL" BUTTON AND/OR DO NOT DOWNLOAD, INSTALL, COPY OR OTHERWISE USE THE SOFTWARE.
The SOFTWARE is owned by ASBware and protected by copyright and trademark laws. The SOFTWARE is licensed, not sold, and ASBware reserves all rights (such as rights under intellectual property laws) not expressly granted in this agreement. Any changes in the SOFTWARE (including new features, improvement of existing features, and bug fixes) made at your request or in collaboration with you are the intellectual property of ASBware. All included CONTENT, and any new CONTENT developed by ASBware at your request or in collaboration with you are the intellectual property of ASBware and may be included with future versions of the SOFTWARE and made available to existing users of the SOFTWARE.
TRIAL VERSION: If you elect to use the TRIAL VERSION of the SOFTWARE, you will be able to use it without any payment requirement for a TRIAL PERIOD consisting of 30 USES, subject to all of the terms contained in this Agreement. One USE is defined by starting and terminating the program, or by a 24 hour period elapsed with the program running. After 30 USES, your license to use the software will expire; the SOFTWARE’s critical functions will be disabled. If you wish to continue using the SOFTWARE, a license for the FULLY LICENSED VERSION may be purchased. You may not modify the SOFTWARE to extend or repeat the 30 use TRIAL PERIOD. The TRIAL VERSION of the SOFTWARE has other functional and capacity limitations, which are subject to change in future versions; please refer to the SOFTWARE for details of current limitations. You may at any time purchase a license to the FULLY LICENSED VERSION to utilize the full capacity of the SOFTWARE. You agree not to purchase any license keys or similar computer code for the SOFTWARE from any source other than ASBware or ASBware’s authorized partners.
FULLY LICENSED VERSION: For business use, you may use the licensed version of the SOFTWARE only on the number of computers, network workstations or portable memory devices for which you have paid the applicable license fee (one computer or portable memory device per paid license). For private use, you may use the licensed version of the SOFTWARE on 2 computers for each applicable license fee, provided these are not used at the same time. You must treat the SOFTWARE like any other copyrighted material except that: you may do the following: (1.) make one copy of the SOFTWARE in machine-readable form solely for backup purposes, provided that you reproduce on the copy all notices of ASBware proprietary rights, including trademark and copyright notices; and (2.) physically transfer the SOFTWARE from one computer to another computer provided that the SOFTWARE is used on only one computer at a time. You may not transfer, rent or lease the SOFTWARE; this license is personal to you and shall not be assigned by any act by you or by operation of law. Any attempt by you to assign this license shall be null and void.
This license does not give you any right to, and you may not: (1.) use more than one copy of the licensed version of the SOFTWARE simultaneously unless you have purchased an additional license for each additional computer, network workstation, or portable memory device on which the SOFTWARE is used; (2.) attempt to circumvent technical protection measures in the software, modify, translate, reverse engineer, decompile, disassemble, create derivative works based upon, or copy (except for the backup copy) the SOFTWARE or the accompanying documentation; (3.) rent or lease any rights in the SOFTWARE or accompanying documentation in any form to any person without the prior written consent of ASBware; or (4.) remove any proprietary notices, labels, or marks on the SOFTWARE and documentation. All rights, title, interest, and all copyrights to the SOFTWARE, documentation, templates, and any copy made by you remain with ASBware. Unauthorized copying of the SOFTWARE, CONTENT, or documentation, or failure to comply with the above restrictions, will result in automatic termination of this license and will result in legal remedies.
You are prohibited from distributing, publishing, translating, and transferring possession of the SOFTWARE or CONTENT. You are prohibited from creating derivative works based on the SOFTWARE and CONTENT, or selling, leasing, licensing or otherwise making the SOFTWARE and CONTENT available to an unauthorized party. You are required to obligate anyone authorized to use the SOFTWARE and CONTENT to comply with the provisions of this Agreement.
LIMITATION OF REMEDIES: Your sole remedy under this Agreement shall be replacement or use of reasonable efforts by ASBware to correct any defects in the SOFTWARE and CONTENT. ASBware's sole and exclusive maximum liability for any claim by you shall not exceed the amount paid by you to ASBware for the product. IN NO EVENT SHALL ASBware BE LIABLE FOR ANY INDIRECT, INCIDENTAL, COLLATERAL, PUNITIVE, EXEMPLARY, OR SPECIAL DAMAGES OR LOSSES ARISING OUT OF YOUR USE OF THE SOFTWARE OR CONTENT. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
DISCLAIMER OF WARRANTIES: THE SOFTWARE AND CONTENT ARE PROVIDED "AS IS". ASBware EXPRESSLY DISCLAIMS AND EXCLUDES ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED (INCLUDING WITHOUT LIMITATION, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE) AND REPRESENTATIONS, WHETHER EXPRESS OR IMPLIED, IN RELATION TO USE OF THE SOFTWARE AND CONTENT, AND ACCURACY OR COMPLETENESS OF CONTENT. ASBWARE AND ITS SUPPLIERS WILL NOT BE LIABLE FOR LOSS OF PROFITS, LOSS OF USE OR FOR ANY INCIDENTAL, INDIRECT, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND ARISING OUT OF THE DELIVERY, PERFORMANCE OR USE OF THE SOFTWARE OR CONTENT, WHETHER BASED UPON A CLAIM OR ACTION OF CONTRACT, WARRANTY, NEGLIGENCE, STRICT LIABILITY OR OTHER TORT, EVEN IF IT IS AWARE OF THE POSSIBILITY THEREOF. YOU AGREE THAT THE ENTIRE LIABILITY OF ASBWARE FOR ANY CLAIM, WHETHER IN CONTRACT, TORT OR ANY OTHER THEORY OF LIABILITY WILL IN NO EVENT EXCEED AN AMOUNT EQUAL TO THE FEE PAID FOR THE LICENSE.
THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE SOFTWARE AND CONTENT IS WITH YOU. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY ALSO HAVE OTHER RIGHTS, WHICH VARY FROM STATE TO STATE.
ASBware does NOT warrant that the function contained in the SOFTWARE will meet your requirements or that the operation of the SOFTWARE will be uninterrupted or error free. The SOFTWARE is not designed or intended to store sensitive or confidential information, as this information is not protected and may be viewable by others who access the computer on which the SOFTWARE is located. ASBware advises against the use of the SOFTWARE for such purposes and assumes no liability for any consequences of such use.
When you register or unregister your license key, the SOFTWARE will transmit your license key and registration status to ASBware. Entry of your name and email address into the registration form is optional, and if entered these will also be transmitted to ASBware, but registration will proceed even if these are not entered. If your name and email address are entered at the time of registering your license key, these will also be transmitted to ASBware when you unregister your license key. The SOFTWARE may periodically check with ASBware for updates to the SOFTWARE. Your license key and registration status will be transmitted to determine eligibility for updates. Name, email address, license key information, and registration status will be used by ASBware for license key registration/unregistration tracking only and will not be shared with others.
It is your responsibility to abide by any applicable local and international laws applying to use of the SOFTWARE, including but not limited to copyright laws pertaining to any text or images copied or stored with the SOFTWARE.
DISCLAIMER OF MEDICAL LIABILITY: The SOFTWARE and CONTENT are not a substitute for, are not designed to, and do not provide, medical advice. The SOFTWARE and CONTENT are a guide for clinicians. Every clinician should use his or her own medical judgment and skill in diagnosing illness. ASBware shall not be liable if users of the SOFTWARE or CONTENT disregard professional medical advice, or delay in seeking such advice, because of something they have read in the SOFTWARE or CONTENT. ASBware shall not be liable if you rely solely on information in the SOFTWARE or CONTENT in making diagnosis, or in place of seeking professional medical advice. RELIANCE ON ANY INFORMATION CONTAINED IN THE SOFTWARE OR CONTENT IS SOLELY AT YOUR OWN RISK. Moreover, ASBware is not responsible or liable for any advice, course of treatment or diagnosis provided by a physician or other health care professional. ASBware disclaim any liability for any consequences due to use, misuse, or interpretation of information contained or not contained in the CONTENT. ASBware neither recommends nor endorse any specific tests, products, procedures, opinions or other information that may be recommended by a health care professional.
If the SOFTWARE is used for clinical documentation, it is your responsibility to determine the appropriate level of service (for billing purposes) for reports generated using included templates or templates you have created, and to ensure that documentation requirements are met for the level of service billed. It is your responsibility to verify the accuracy and validity of documentation generated with the SOFTWARE using included templates or those you create, before submitting the documentation into a medical record, whether printed or electronic. The password protection of the software is not intended to secure confidential health information; it is your responsibility to ensure that confidential health information generated with the SOFTWARE is stored securely in compliance with the Health Information Portability and Accountability Act (HIPAA) as well as the regulations/laws of your institution and jurisdiction.
GENERAL: You may terminate this license at any time by destroying all copies of the SOFTWARE or by returning them to ASBware, but license fees are not refundable. ASBware may terminate this license if you fail to comply with the terms and conditions of this License Agreement. Upon such termination, you agree to destroy or return all your copies of the SOFTWARE. Any unauthorized rental, lease, assignment or transfer of any copy of the SOFTWARE shall be void. If a term or condition of this Agreement is found by a court or administrative agency to violate any law or to be unenforceable, the remaining terms and conditions will remain in full force and effect. This License Agreement shall be governed by the laws of the state of Florida; you agree that this License Agreement is made in Florida, and submit to the exclusive jurisdiction of the state of Florida.
This Agreement is the entire Agreement between You and ASBware and supersedes any other communications, advertisements, or understandings, whether written or oral, relating to the subject matter of this license.
"textBEAST" is a registered trademark of ASBware LLC.
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