Use of the Software
The USE OF THE SOFTWARE governs the relationship between Stephen Rosenbaum ("Owner") and you (herein referred to as "User" or "You"). By accessing and using any of the downloaded and installed Excel Macro Enabled worksheets ("Software") from eyeReports.biz, you agree to be bound and abide by the terms and conditions below.
You understand that the Software and Owner are a Certified Partner of OfficeMate, providing an independent product and otherwise not affiliated with OfficeMate® Software Solutions, eyefinity®, VSP® or VSP Global® and that OfficeMate® is a registered trademark of OfficeMate Software Solutions, Inc.
5.1. Purchasing User License
You may download and use the Software on any computer in a Location that shares the same database ("Location"). You cannot modify the Software, SQL code; remove proprietary notices and labels contained in the software. You may not distribute the Software in any way.
You shall not:
a. assign, sublicense, transfer, pledge, lease, rent, or share your rights.
b. reproduce, distribute, sublicense, disclose, market, rent, lease, remote computing services, networking or transfer the Software in other way that is not permitted by these terms and conditions.
c. reverse engineer, decompile, or disassemble the Software
d. authorize any portion of the Software to be copied to another individual or entity
e. remove any proprietary notices from the Software or modify the Software
f. use the Software in violation of any applicable law, regulation or ordinance.
g. except within the authorized Location, digitally transmit or make available the Software or its code or its content through local networks, intranets, extranets, FTP, online discussion boards, forums, list-serve, peer-to-peer networks or technologies, newsgroups, bulletin boards, or any other mode of shared communication system, or place the Software onto a server so that it is accessible via a pubic network such as the Internet; use the Software in any way that violates these terms and conditions or any law; or authorize or assist any third party to do any of the things described in this section.
5.2. License Fees
Annual licenses are contingent upon the payment of license fees charged during the purchasing process. If your payment of license fees is canceled or denied, this license will terminate and you must immediately delete all copies of the Software. You are responsible for payment of any sales; value added, excise, or other taxes or duties that may be imposed upon or with respect to delivery, deployment, or use of the Software.
The Software is provided on "AS IS" basis. An additional fee will be due for any custom change that you may need notwithstanding of the paid license fees if such custom changes or modification are stipulated to be done by the Owner.
The Owner will undertake reasonable efforts to correct any reported error in accordance with any terms and conditions of the support, provided by us. We guarantee that the Software will perform the functions described in the specification and the description of the Software.
5.4. Support and Upgrades
Free technical support is provided via email for one year from the date of entering this License Agreement. If you purchase all reports for the Package Sum annual fee, upgrades will be available as they become available and are uploaded to the Site. If you purchase single copies of the reports, report upgrades will be available with a 50% discount.
5.5. REFUND POLICY
BECAUSE A FULLY FUNCTIONAL REPORT THAT CAN BE USED FOR ONE YEAR IS DELIVERED TO USER, ALL SALES OF OWNER PRODUCTS ARE FINAL AND ARE NON-REFUNDABLE. BY COMPLETING YOUR PURCHASE OF ANY SOFTWARE OWNED BY THE OWNER THROUGH PAYPAL OR OTHER PAYMENT PROCESSING COMPANY, YOU AGREE THAT YOU ARE PURCHASING DIGITAL, NON-TANGIBLE GOODS AND AS SUCH ARE NOT ENTITLED TO A REFUND. In special circumstances we may offer a refund.
Prior to ordering, please, make sure you have carefully read and understood the product's system requirements and features. If you are not sure about product compatibility, or have questions about its features, please contact our Customer Support Center. All inquiries are free of charge. We only make exceptions with this rule when the product cannot be installed for some reason on a server or desktop that meets product requirements. Your refusal to permit Owner to install the software will void Your right to a refund. The deadline for any refund claim is one week after the date of purchase. Refunds are issued at the discretion of the Owner.
6. DISCLAIMER OF WARRANTIES
The Services, the Software and all information on the Site is provided on an “as is” and “as available” basis. The Owner does not provide warranties or representations of any kind. The Owner disclaims all such representations and warranties, either express or implied, including, but not limited to, warranties of title, merchantability, fitness for a particular purpose, or non infringement. The Owner makes no warranties that the Site, the Services and all information will be complete, accurate, uninterrupted, secure, or error free. All information on the Site may be changed without notice.
7. LIMITATION OF LIABILITY
In no event shall the Owner be liable for (1) any incidental, consequential, or indirect damages (including, but not limited to, damages for loss of profits, business interruption, loss of programs or information, and the like) arising out of the use of or inability to use the Software or the Site, or any delay of it, even if the Owner or its representatives have been advised of the possibility of such damages, or (2) any claim attributable to errors, omissions, or other inaccuracies in the services, the Site or the data downloaded through the Site. The Owner shall not be responsible should access to the SQL database be inaccessible for any reason.
8. PROMOTIONAL MATERIALS
With purchasing a copy of our Software you agree to allow us to send you e-mails announcing new reports, support issues or suggestions, changes to reports, report suggested uses, or notices relating to using the reports in an ophthalmic practice. At any time you can unsubscribe to stop receiving such e-mails.
10. RESPONSIBILITY OF THE USER
The User is responsible for providing and maintaining all equipment and Internet connections necessary to properly use the Site and/or the Software. We do not access, control, edit or screen any message or posting content transmitted using the Software or related Services; therefore, you are solely responsible for the receipt or transmission of any and all content using the Software as and when you use the Software.
11. GOVERNING LAW AND DISPUTE RESOLUTION
Mediation. In the event that the parties cannot by exercise of their best efforts resolve the dispute, they shall submit the dispute to Mediation. The parties shall, without delay, continue to perform their respective obligations under this Agreement which are not affected by the dispute. The invoking party shall give to the other party written notice of its decision to do so, including a description of the issues subject to the dispute and a proposed resolution thereof. Designated representatives of both parties shall attempt to resolve the dispute within 60 days after such notice. If those designated representatives cannot resolve the dispute, the parties shall meet at a mutually agreeable location and describe the dispute and their respective proposals for resolution to responsible executives of the disputing parties, who shall act in good faith to resolve the dispute. If the dispute is not resolved within [time period] after such meeting, the dispute shall be submitted to binding arbitration in accordance with the Arbitration provision of this Agreement.
Arbitration. Any controversies or disputes arising out of or relating to this Agreement shall be resolved by binding arbitration in accordance with the then current Commercial Arbitration Rules of the American Arbitration Association. The parties shall endeavor to select a mutually acceptable arbitrator knowledgeable about issues relating to the subject matter of this Agreement. In the event the parties are unable to agree to such a selection, each party will select an arbitrator and the arbitrators in turn shall select a third arbitrator. The arbitration shall take place at a location that is reasonably centrally located between the parties, or otherwise mutually agreed upon by the parties.
All documents, materials, and information in the possession of each party that are in any way relevant to the claim(s) or dispute(s) shall be made available to the other party for review and copying no later than 60 days after the notice of arbitration is served.
The arbitrator(s) shall not have the authority, power, or right to alter, change, amend, modify, add, or subtract from any provision of this Agreement or to award punitive damages. The arbitrator shall have the power to issue mandatory orders and restraining orders in connection with the arbitration. The award rendered by the arbitrator shall be final and binding on the parties, and judgment may be entered thereon in any court having jurisdiction. The agreement to arbitration shall be specifically enforceable under prevailing arbitration law. During the continuance of any arbitration proceeding, the parties shall continue to perform their respective obligations under this Agreement.
12. FORCE MAJEURE
Neither party shall be liable in damages or have the right to terminate this Agreement for any delay or default in performing hereunder if such delay or default is caused by conditions beyond its control including, but not limited to Acts of God, Government restrictions (including the denial or cancellation of any export or other necessary license), wars, insurrections and/or any other cause beyond the reasonable control of the party whose performance is affected.
13. ENTIRE AGREMENT
This Agreement constitutes the entire agreement of the parties and supercedes all prior communications, understandings and agreements relating to the subject matter hereof, whether oral or written.
No modification or claimed waiver of any provision of this Agreement shall be valid except by written amendment signed by authorized representatives of Owner and You.
If any provision or provisions of this Agreement shall be held to be invalid, illegal, unenforceable or in conflict with the law of any jurisdiction, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired thereby.
16. WAIVER OF CONTRACTUAL RIGHT
Waiver of any provision herein shall not be deemed a waiver of any other provision herein, nor shall waiver of any breach of this Agreement be construed as a continuing waiver of other breaches of the same or other provisions of this Agreement.
All notices given pursuant to this Agreement shall be in writing and may be hand delivered, or shall be deemed received within 60 days after mailing if sent by registered or certified mail, return receipt requested. If any notice is sent by facsimile, confirmation copies must be sent by mail or hand delivery to the specified address. Either party may from time to time change its Notice Address by written notice to the other party.