License Agreement
MediNotes e (Software) is licensed, not
sold, to you by MediNotes for use under the terms of this
License. MediNotes
reserves any rights not expressly granted to you.
You own the media on which the Software is recorded or
fixed, however MediNotes retains title and ownership of the
Software, including all subsequent copies in any media.
This software is being licensed to you only upon the
condition that you accept all the terms of this license
agreement.
I. License
A.You are authorized to use the Software on
as many computers as you wish providing that only registered
users are using the Software on each computer upon which the
Software resides. A
registered user is defined as an individual who has obtained his
or her own licensed copy of the Software from MediNotes and paid
the appropriate fee to MediNotes.
Use of the Software includes user documentation provided
in electronic format.
B.You are authorized to make one copy of
the Software in machine-readable form solely for backup
purposes. If this
software is for a multi-user office and is licensed as such you
may make additional copies of the Software up to the number of
Licensed Copies authorized.
All other copying of the software or written materials is
expressly forbidden .
C.You are forbidden to permanently transfer
any or all rights under this License to another individual or
group, meaning, you may not copy the disk(s), disk contents or
accompanying material to sell, give or distribute to others.
Furthermore, another party may not use the Software that
resides on your computer unless they first own a licensed copy
of the Software obtained from MediNotes.
D.CPT® is a registered trademark of the
American Medical Association and all notices of proprietary
rights, including trademark and copyright in the CPT® book must
appear on all permitted back-up or archival copies made by the
user. All users should ensure that anyone who has authorized
access to the Electronic Media complies with the provisions of
this agreement.
II. Restrictions
The Software contains trade secrets in its
human perceptible form.
To protect them, you may not reverse engineer, decompile,
disassemble or otherwise reduce the Software to any human
perceivable form. You may not modify, translate, rent, lease,
loan, or create derivative works based upon the Software or any
part thereof. You may not publish, translate or transfer
possession of the Electronic Media or a copy or portion of it.
You are prohibited from creating derivative works based
on CPT® information and selling, leasing or licensing it or
otherwise making the Electronic Media or any portion thereof
available to any unauthorized party. You may not use CPT®
information or information contained therein in any public
computer-based information system or public electronic bulletin
board including the Internet and World Wide Web.
III. Termination
This
License is effective until terminated. This License will
terminate immediately with or without notice from MediNotes or
through judicial resolution if you fail to comply with any
provision of this License. Upon such termination, you must
destroy the Software, all accompanying written materials and all
copies thereof, and Sections 5, 6, and 7 of this License will
survive any termination.
IV. Dissolution of Practice or Transfer of
License
Dissolution of Practice
If a practice is dissolved, license
transfer can occur in many ways. It is important to realize the
difference between the party who paid for the license and the
registered name on the license. The payor is the holder of the
license regardless of whose name is registered. Therefore,
licenses cannot be taken from a practice without the permission
of the payor. If a license is taken, the payor's license bank
will decrease. If a
license is taken, the user of the license must pay the
difference between the associate fee and the server license fee
and begin paying server license maintenance.
If all licenses are left with one party, they may be
transferred to other users based on the transfer fee listed
below.
Transfer of License
If a member leaves a practice and another
member takes that member's place, the practice may transfer the
license title to the new member. In this situation the person
leaving the practice does not carry his license. He may choose
to repurchase the license at his new practice.
The administrative fee for transferring a license is
$200. This is a flat fee regardless of the discipline, although
nurse with signing and nurse/clinical staff licenses may be
transferred free of charge. Administrative fees are subject to
change without notice.
V. Update Policy
MediNotes may, from time to time, create
updated versions of the Software.
At its option, MediNotes will make updates available to
you upon payment of the update/maintenance fee.
Update files will be immediately available for download
via the MediNotes Corporation Web site (www.medinotes.com) or
will be mailed on CD annually as a major upgrade. Intermediate
update CDs may be purchased at additional cost.
Furthermore, an updated version of CPT® codes in an
electronic media is dependent upon MediNotes maintaining a
contractual agreement with the American Medical Association.
VI. Program Guide
MediNotes will, with every version of the
Software, distribute a PDF file containing the complete Program
Guide. The user may
print as many copies of the Program Guide as deemed necessary to
facilitate licensed users to adequately use the Software.
VII. Limited Warranty
MediNotes warrants for a period of thirty
(30) days from your date of purchase that (i) the disk(s) will
be free from defects in materials and workmanship under normal
use, and (ii) the Software as provided by MediNotes will
substantially conform to MediNotes’ published specifications for
the Software. MediNotes’ entire liability and your sole and
exclusive remedy for any breach of the foregoing limited
warranty will be, at MediNotes’ option, replacement of the
disk(s) or repair and/or replacement of the Software in the form
of a later release or update. MediNotes disclaims all other
warranties, either express or implied, including, but not
limited to implied warranties of merchantability and fitness for
a particular purpose with regard to the Software and the
accompanying written materials. MediNotes does not and will not
offer a refund, or offer a money-back guarantee for its software
programs.
VIII. Limitation of Liability
In no event will MediNotes be liable to you
for any consequential, incidental, direct, indirect or special
damages whatsoever (including, without limitation, damages for
loss of business profits, business interruption, loss of
business information and the like), whether foreseeable or
unforeseeable, arising out of the use of or the inability to use
the Software or accompanying written materials, regardless of
the basis of claim and even if MediNotes has been advised of the
possibility of the such damages. In particular, MediNotes shall
have no liability for any text or data stored in or used with
this Software, including the cost of recovering or reproducing
this text or data.
Electronic media is provided “as is” without any liability to
MediNotes or the AMA, including, without limitation, no
liability for consequential or special damages or lost profits
for sequence, accuracy or completeness of data, or that it will
meet end user’s requirements, and that MediNotes and AMA’s sole
responsibility is to use reasonable efforts for MediNotes to
correct defects or replace the Electronic Media; MediNotes and
the AMA disclaims any liability for any consequences due to use,
misuse or interpretation of information contained or not
contained in CPT® information. Some jurisdictions do not allow
the exclusion or limitation of accidental or consequential
damages so the above exclusion may not apply to you.
IX. General
This License will be governed by the laws
of the State of Iowa, USA, except for that body of law dealing
with conflicts of law. If any provision of this License shall be
held by a court of competent jurisdiction to be contrary to law,
that provision will be enforced to the maximum extent
permissible, and the remaining provisions of this License will
remain in full force and effect.Manufacturer: MediNotes
Corporation, 1025 Ashworth Road, Suite 222, West Des Moines, IA
50265, USA.
X. U.S. Government Rights
This product includes CPT® Codes and data
which is commercial technical data and/or computer bases and /or
commercial computer software and/or commercial computer software
documentation, as applicable which were developed exclusively at
private expenses by the American Medical Association, 515 North
State Street, Chicago, Illinois, 60610.
U.S. Government rights to use, modify, reproduce,
release, perform, display, or disclose these technical data
and/or computer bases and/or computer software and/or computer
software documentation are subject to the limited rights
restrictions of DFARS 525.227-7015(b)(2) (June 1995), as
applicable for U.S. Department of Defense procurements and the
limited rights restrictions of FAR 52.227-14 (June 1987) and/or
subject to the restricted rights provisions of FAR 52.227-14
(June 1987) and FAR 52.227-19 (June 1987), as applicable, and
any applicable agency FAR Supplements, for non-Departments of
Defense Federal procurements.
Carefully read the above terms and conditions before
opening the MediNotes e package.
Opening this package acknowledges your acceptance of
these terms and conditions.
If you do not agree with these terms and conditions, you
should return the MediNotes e package within a reasonable time
and your money will be refunded.
CPT™ 2005 American Medical Association.
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