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IMPORTANT READ CAREFULLY:
This End User Agreement (EULA) is a legal agreement between you (either an individual or single entity) and KarenZupko and Associates, Inc (KZA) for use of the E&M Profile Analyzer, (herein after referred to as Product) and may include supporting documentation. By accepting this agreement you ensure anyone with access to the product will comply with the provisions of the EULA. By continuing with your purchase, installing, copying, downloading, accessing or otherwise using the Product you agree to be bound by the terms of this EULA. Carefully read the following terms and conditions before opening and using the E&M Profile Analyzer. Opening and using the E&M Profile Analyzer acknowledges your acceptance of these terms and conditions. If you do not agree to the terms of this EULA, do not purchase, install or use the Product. Without limiting the foregoing, you agree that KZA shall have the right to enforce these Terms directly against you.
Software Product License.
A licensed copy of Microsoft Excel or comparable spreadsheet program needs to be on your computer because the Product was designed for specific use for Microsoft Excel. You may install, use, access, display run one copy of the Product on a single computer, workstation, terminal or other digital electronic device (“COMPUTER”). Installation may include a network server for internal individual or single entity use. A back-up copy of the product may be made for archival purposes only. All notices or proprietary rights including trademark and copyright notices must appear on all back-up on archival copies. The end user agrees anyone with authorized access to the licensed product will comply with the provisions of this agreement. This license is granted for use in the United States, is non transferable, non exclusive and is only for your internal use. All rights not expressly granted are reserved by KarenZupko and Associates, Inc.
Personal and Non-Commercial Use.
The Product is for your personal and non-commercial use. You may modify the product to the extent permitted by KZA. You may not reverse engineer, decompile, copy in part or whole, distribute, transmit, display, perform, reproduce, rent, lend/lease, license/sub-license, create derivative products from, publish, distribute via the Internet, transfer, or sell any information, software products or services obtained from this product.
Term.
The Product license is perpetual. New versions of the product will be published by KZA and are dependent on KZA’s continuing contractual relationship with the American Medical Association (“AMA”).
Copyright.
With exclusion of reference to CPT, a registered trademark of the AMA, and/or associated descriptive definitions, which are the copyrighted and registered property of the American Medical Association (“AMA”), all title and copyrights to the Product are owned by KarenZupko and Associates, Inc.
Return Policy.
KZA is offering intangible irrevocable goods and will not offer refunds after the Product is emailed to you.
No Warranty.
This data is provided to you “as is,” and you agree to use it at your own risk. KZA and AMA make no guarantees, representations or warranties of any kind, express or implied, arising by law or otherwise, including but not limited to, content, quality accuracy, completeness, effectiveness, reliability, fitness for a particular purpose, usefulness, use or results to be obtained from this Product, or that the Product or server will be uninterrupted or error free.
To the extent under applicable laws, the editorial content of the Product is provided “as is” without any liability to KZA 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 the End User’s requirements. AMA disclaims any liability for any consequences due to misuse, or interpretation of information contained or not contained in editorial content.
AMA Notices and Disclaimers.
CPT © 2005 American Medical Association. All Rights Reserved
AMA Notices and Disclaimers.
No fees schedules, basic units relative values or related listings are included in CPT. AMA does not directly or indirectly practice medicine or dispense medical services And assumes no liability for data contained or not contained herein.
This product includes CPT which was developed exclusively at private expense by the American Medical Association, 515 North State Street, Chicago, Illinois, 60610. US Government rights to use, modify reproduce release, perform, display or disclose these technical data and/or computer data bases and/or computer software and/or Computer software documentation are subject to the limited rights restrictions of DFARS 252.227 -7015 (b) (2) (June 1995), as applicable for U.S. Departments 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), as applicable, and any applicable agency FAR Supplements, for non-Department of Defense Federal procurements.
CPT is a registered trademark of the American Medical Association.
U.S. Government Rights
This product includes CPT which is commercial technical data and/or computer data bases and/or commercial computer software documentation, as applicable which were developed exclusively at private expense by the American Medical Association, 515 North State Street, Chicago, IL 60610. U.S. government rights to use, modify, reproduce, release, perform, display or disclose these technical data and/or computer data bases and/or computer software and/or computer software documentation are subject to the limited rights restrictions of DFARS 252.227-7015 (b) (2)( November 1995) and/or subject to the restrictions of DFARS 227.7202-1 (a) (June 1995) and DFARS 227.7202-3 (a) (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-Department of Defense Procurements
Disclaimer of Warranty.
THE PRODUCT IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED OF QUALITY, PERFORMANCE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. IN NO EVENT WILL KZA OR AMA BE LIABLE FOR ANY LOST REVENUE, PROFIT OR DATA, OR FOR SPECIAL, INDIRECT, CONSEQUENTIAL, INCIDENTAL OR PUNITIVE DAMAGES, HOWEVER CAUSED REGARDLESS OF THE THEORY OF LIABILITY, ARISING OUT OF OR RELATED TO THE USE OF OR INABILITY TO USE OF THE PRODUCT. TO THE EXTENT KZA OR THE AMA MAY NOT DISCLAIM ANY WARRANTY AS A MATTER OF APPLICABLE LAW, THE SCOPE AND DURATION OF SUCH WARRANTY WILL BE THE MINIMUM PERMITTED UNDER SUCH LAW. IN THE EVENT A PROVISION IS DETERMINED TO VIOLATE ANY LAW OR IS UNENFORCEABLE THE REMAINDER OF THIS AGREEMENT WILL REMAIN IN FULL FORCE AND EFFECT.
Limitation of Liability.
IN NO EVENT WILL KZA OR THE AMA BE LIABLE FOR ANY CONSEQUENTIAL, INDIRECT, EXEMPLARY, PUNITIVE SPECIAL OR INCIDENTAL DAMAGES ARISING FROM OR RELATING TO THIS AGREEMENT OR YOUR USE OR INABILITY TO USE THE PRODUCT. THE TOTAL CUMULATIVE LIABILITY OF KZA WHETHER IN CONTRACT OR TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, WILL NOT EXCEED THE AMOUNT YOU PAID FOR THE PRODUCT. THE EXISTENCE OF MULTIPLE CLAIMS WILL NOT EXPAND THIS LIMIT. TO THE EXTENT PERMITTED BY LAW, KZA WOULD NOT ENTER INTO THIS AGREEMENT WITHOUT THESE LIMITATIONS ON ITS LIABILITY. THE LIMITATIONS AND EXCLUSIONS OF LIABILITY IN THIS SECTION WILL APPLY EVEN IF AN EXCLUSIVE REMEDY UNDER THIS AGREEMENT HAS FAILED ITS ESSENTIAL PURPOSE.
Export Control.
YOU AGREE NOT TO EXPORT FROM ANYWHERE ANY PART OF THE PRODUCT TO YOU OR ANY DIRECT PRODUCT THEREOF EXCEPT IN COMPLIANCE WITH, AND WITH ALL LICENSES AND APPROVALS REQUIRED UNDER APPLICABLE U.S. EXPORT LAWS, RULES AND REGULATIONS.
Governing Law.
The above terms and conditions shall be governed by the laws of the Illinois without giving effect to (i) its conflict of laws provisions, or (ii) the United Nations Convention for Contracts for the International Sale of Goods, which is explicitly excluded. You agree to submit to the jurisdiction of Illinois for any and all disputes, claims and actions arising from or in connection with the Product provided to you hereunder.
Termination for Breach or Bankruptcy.
KZA may terminate this Agreement if you breach any of its terms. Upon any such termination, you shall immediately cease use of the Product and return all copies thereof to KZA, as instructed. KZA also may terminate this Agreement in the event that you (i) fail to pay fees due for the Product or (ii) if any of the following events occur affecting you: (a) voluntary bankruptcy or application for bankruptcy; (b) involuntary bankruptcy or application for bankruptcy not discharged within sixty (60) days; (c) appointment of receiver for all or a portion of your assets; or (d) any assignment for the benefit of creditors.
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