By installing, downloading, accessing or otherwise using the Software, You agree to be bound by the terms of this EULA. If You do not agree to the terms of this EULA, Licensor is unwilling to license the Software. In such event, You may not install, download, access, copy, share, or otherwise use the Software.
NOTE: IF YOU DO NOT HAVE A VALID LICENSE FOR THIS SOFTWARE, YOU ARE NOT AUTHORIZED TO INSTALL, COPY OR OTHERWISE USE THE SOFTWARE. IF YOU ARE AN ORGANIZATION, FRANCHISEE, MANAGER, OR EDUCATOR USING THE SOFTWARE FOR ONGOING TRAINING, THE SOFTWARE MAY ONLY BE USED WITHIN YOUR SINGLE PLACE OF BUSINESS i.e., ONE FACILITY/CLINIC/CAMPUS/LOCATION. YOU ARE NOT AUTHORIZED TO SHARE OR USE THE SOFTWARE THROUGHOUT A LARGER NETWORK, INCLUDING BUT NOT LIMITED TO THE COMMUNITY, HEALTHCARE SYSTEM, FRANCHISE SYSTEM, COLLEGE SYSTEM, OR COPORATE PARTNERSHIP. THE INTENTION IS FOR EACH PLACE OF BUSINESS TO CONFIRM ITS OWN VALID LICENSE AGREEMENT.
PLEASE CONTACT PFH FOR FURTHER INFORMATION IF YOU WOULD LIKE TO SHARE THE SOFTWARE MORE BROADLY ACROSS MULTIPLE LOCATIONS, FACILITIES, CLINICS, COMMUNITIES, CAMPUSES, FRANCHISEES, OR OTHER NETWORKS. PFH WILL BE HAPPY TO PROVIDE YOU WITH A MORE COMPREHENSIVE LICENSE AGREEMENT TAILORED FOR YOUR COMPANY’S NEEDS.
The Software is protected by intellectual property laws and treaties, including United States copyright laws.
The Software is licensed, not sold.
1.) This EULA grants you the following rights:
You may store or install a copy of the SOFTWARE PRODUCT on a storage device, such as a network server, used to install or run the SOFTWARE PRODUCT on your other COMPUTERS over an internal network.
You may not sell, license, or distribute copies of the Software on a stand-alone basis or as part of any collection, product, or service where the primary value of the product or service are the Software.
You may not use or distribute any of the Software that include representations of identifiable individuals, governments, logos, initials, emblems, trademarks, or entities for any commercial purposes or to express or imply any endorsement or association with any product, service, entity, or activity.
You must indemnify, hold harmless, and defend PFH Dementia Consulting, PLLC from and against any claims or lawsuits, including attorneys’ fees that arise from or result from the use or distribution of Software as modified by You.
PFH Dementia Consulting, PLLC respects the rights of artists and film companies, and the proper use of the software does not violate those rights. You cannot copy Software in order to sell or give away copies, or for any commercial purpose.
2.) Description of Other Rights and Limitations.
TRADEMARKS. This EULA does not grant You any rights in connection with any trademarks or service marks of Licensor or its suppliers.
NO RENTAL, LEASING OR COMMERCIAL HOSTING. You may not rent, lease, lend or provide commercial hosting services to third parties with the Software.
TERMINATION. Without prejudice to any other rights, Licensor or its suppliers may terminate this EULA if You fail to comply with the terms and conditions of this EULA. In such event, You must destroy all copies of the Software and all of its component parts.
INTELLECTUAL PROPERTY RIGHTS. All title and intellectual property rights in and to the Software (including but not limited to any images, photographs, animations, video, audio, music, text, and “applets” incorporated into the Software), the accompanying printed materials, and any copies of the Software are owned by Licensor. If this Software contains documentation that is provided only in electronic form, you may print one copy of such electronic documentation. You may not copy the printed materials accompanying the Software. All rights not specifically granted under this EULA are reserved by Licensor and its suppliers.
3.) For Software Licenses Directly from PFH Dementia Consulting, PLLC, the Following Sections Apply
LIMITED WARRANTY FOR SOFTWARE.PFH Dementia Consulting, PLLC warrants that the Software will perform substantially in accordance with the accompanying materials for a period of thirty (30) days from the date of receipt, BUT ONLY AS TO ERRORS DISCOVERED DURING THE PERIOD OF THIS LIMITED WARRANTY (THIRTY DAYS). AS TO ANY ERRORS DISCOVERED AFTER THE THIRTY (30) DAY PERIOD, THERE IS NO WARRANTY 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.
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 PFH Dementia Consulting, PLLC, YOU ARE NOT ENTITLED TO ANY DAMAGES, INCLUDING BUT NOT LIMITED TO CONSEQUENTIAL DAMAGES, if the Software does not meet PFH Dementia Consulting, PLLC Limited Warranty, and, to the maximum extent allowed by applicable law, even if any remedy fails of its essential purpose. The terms of the section 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 benefit from other rights which vary from state/jurisdiction to state/jurisdiction.
YOUR EXCLUSIVE REMEDY.PFH Dementia Consulting, PLLC and its suppliers’ entire liability and your exclusive remedy shall be, depending on PFH Dementia Consulting, PLLC’s option exercised from time to time in accordance to the applicable law, (a) return of the price paid (if any) for the Software, or (b) repair or replacement of the Software, that does not meet this Limited Warranty and that is returned to PFH Dementia Consulting, PLLC with a copy of your receipt. You will receive the remedy elected by PFH Dementia Consulting, PLLC without charge, except the fact that you are responsible for any additional expenses (e.g. cost of shipping the Software to PFH Dementia Consulting, PLLC). This Limited Warranty is void if failure of the Software has resulted from accident, abuse, misapplication, abnormal use, or a virus. Any replacement Software will be warranted for the remainder of the original warranty period or thirty (30) days, whichever is longer. Neither these remedies nor any product support services offered by PFH Dementia Consulting, PLLC are available without proof of purchase from an authorized source.
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, PFH Dementia Consulting, PLLC and its suppliers provide the Software 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 Software, and the provision of or failure to provide support services.
EXCLUSION OF INCIDENTAL, CONSEQUENTIAL AND CERTAIN OTHER DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL LICENSOR 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 LOSS WHATSOEVER) ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF OR INABILITY TO USE THE SOFTWARE, 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 LICENSOR AND EVEN IF LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
ENTIRE AGREEMENT. This EULA (including any addendum or amendment to this EULA which is included with the Software) is the entire agreement between you and PFH Dementia Consulting, PLLC relating to the Software and the support services (if any) and they supersede all prior or contemporaneous oral or written communications, proposals, and representations with respect to the Software or any other subject matter covered by this EULA. To the extent the terms of any PFH Dementia Consulting, PLLC policies or programs for support services conflict with the terms of this EULA, the terms of this EULA are mandatory.