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License Agreement

Our general terms and conditions of business and payment...

IMPORTANT-READ CAREFULLY: This Provistas End-User License Agreement ("EULA") is a legal AGREEMENT between you (either an individual person or a single legal entity, who will be referred to in this EULA as "You") and Medical Codes Inc. for the data file product that accompanies this EULA, including any associated media, printed materials and electronic documentation (the "Data File Product"). The Data File Product also includes any data file updates, add-on components, web services and/or supplements that Medical Codes Inc. may provide to You or make available to You after the date You obtain Your initial copy of the Data File Product to the extent that such items are not accompanied by a separate license agreement or terms of use. By installing, copying, downloading, accessing or otherwise using the Data File Product, You agree to be bound by the terms of this EULA. If you do not agree to the terms of this EULA, then DO NOT install, access or use the DATA FILE PRODUCT; in such event the original purchaser may, however, return it to the place of purchase within thirty days of the date of original purchase for a full refund.

DATA FILE PRODUCT LICENSE

The Data File Product is protected by intellectual property laws and treaties. The Data File Product is licensed, not sold.

1) GRANT OF LICENSE. This Section of the EULA describes Your general rights to install and use the Data File Product. The license rights described in this section are subject to all other terms and conditions of this EULA.

  • General License Grant to Install and User Data File Product. You may install and use one copy of the Data File Product on a single computer. You can share a copy of the Data File Product installed on a common build/test machine provided that You or Your entity has purchased a single license for that common build/test machine and each developer using it has a license. A license for the Data File Product may not be shared.
  • Alternative License Grant for Storage/Network Use. As an alternative to the rights granted in the previous section, You may install a copy of the Data File Product on one storage Device, such as a network server, and allow individuals within Your business or enterprise to access and use the Data File Product from other Devices over a private network, provided that you acquire and dedicate a license for the storage Device upon which the Data File Product is installed and each separate Device from which the Data File Product is accessed and used. A license for the Data File Product may not be used concurrently on different Devices.
  • License Pack/Corporate Site License. If you have acquired this Data File Product in a Medical Codes Inc License Pack or Corporate Site License Agreement, you may make the number of additional copies of the computer data file portion of the Data File Product as defined on that EULA, and you may use each copy in the manner specified above.

2) DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS.

  • Limitations on Reverse Engineering, Decompilation, and Disassembly. You may not modify, reverse engineer, decompile, or disassemble the Data File Product, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation. The Data File Product is licensed as a single product.
  • No rental, leasing or commercial hosting. You may not rent, lease, lend or provide commercial hosting services to third parties with the Data File Product.
  • Data File Transfer. You may permanently and wholly transfer all of your rights under this EULA, provided you (a) retain no copies (whole or partial), (b) permanently and wholly transfer any and all of the Data File Product (including all component parts, the media and printed materials, any upgrades, this EULA, and, if applicable, the Certificate of Authenticity) to the recipient, and (c) the recipient first agrees to abide by all of the terms of this EULA. If the Data File Product is an upgrade, any transfer must include any and all prior versions of the Data File Product and any and all of your rights therein, if any.
  • Support Services. Medical Codes Inc. may provide you with support services related to the Data File Product ("Support Services"). The provision and use of Support Services is governed by the Medical Codes Inc. policies and programs described in the Data File Product user manual and/or in "online" documentation. Any supplemental data file code provided to You as part of the Support Services shall be considered part of the Data File Product and subject to the terms and conditions of this EULA. With respect to technical information you provide to Provistas as part of the Support Services, Medical Codes Inc. may use such information for its business purposes, including for product updates and development.
  • Termination. Without prejudice to any of Provistas's other rights, Provistas may terminate this EULA if you fail to comply with the terms and conditions of this EULA. In such event, you must destroy any and all copies of the Data File Product and all of its component parts.

3) UPGRADES and SUBSCRIPTION. If the Data File Product is labeled or otherwise identified by Medical Codes Inc. as an "upgrade" or "subscription," you must be properly licensed to use a product identified by Provistas as being eligible for the upgrade in order to use the Data File Product. A Data File Product, labeled or otherwise identified by Medical Codes Inc. as an upgrade, replaces and/or supplements the product that formed the basis for your eligibility for such upgrade. You may use the resulting upgraded product only in accordance with the terms of this EULA. If the Data File Product is an upgrade of a component of a package of data file programs that you licensed as a single product, the Data File Product may be used and transferred only as part of that single product package and may not be separated for use on more than one computer.

4) COPYRIGHT AND TRADEMARKS. All title, trademarks and copyrights in and pertaining to the Data File Product, the accompanying printed materials, and any copies of the Data File Product, are owned or licensed by Provistas or its affiliated companies. The Data File Product is protected by copyright and trademark laws and international treaty provisions. You may make one copy of the Data File Product for back-up and archival purposes. You may not copy the printed materials accompanying the Data File Product.

5) DUAL-MEDIA DATA FILE. You may receive the Data File Product in more than one medium. Regardless of the type or size of the medium you receive, you may use only that one medium that is appropriate for your single computer. You may not use or install the other medium on another computer, including but not limited to portable computers under the exclusive control of the registered developer. You may not loan, rent, lease, or otherwise transfer the other medium to another user, except as part of the permanent transfer (as provided above) of the Data File Product.

6) LIMITATION OF LIABILITY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL MEDICAL CODES INC. OR ITS SUPPLIERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR ANY OTHER PECUNIARY LOSS) ARISING OUT OF THE USE OF OR INABILITY TO USE THE DATA FILE PRODUCT OR THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES, EVEN IF MEDICAL CODES INC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY CASE, MEDICAL CODES INC'S ENTIRE LIABILITY UNDER ANY PROVISION OF THIS EULA SHALL BE LIMITED TO THE AMOUNT YOU ACTUALLY PAID TO MEDICAL CODES INC FOR THE DATA FILE PRODUCT OR SERVICE THAT DIRECTLY CAUSED THE DAMAGE.