END-USER LICENSE AGREEMENT
This UB-04 Software, Inc. (UB04software.com) Limited End-User License Agreement ("EULA") is a legal AGREEMENT between you and UB-04 Software, Inc. for the UB-04 Software, Inc. software products, which includes computer software and may include associated media, printed materials, and "online" or electronic documentation ("SOFTWARE PRODUCT").
By installing, copying, or otherwise using the SOFTWARE PRODUCT, you agree to be bound by the terms of this EULA.
1) SOFTWARE PRODUCT LICENSE
The SOFTWARE PRODUCT is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. The SOFTWARE PRODUCT is licensed, not sold.
2) GRANT OF LICENSE FOR INTERACTIVE USE
This EULA grants you, the computer software end-user, the following rights to use this product interactively:
- The SOFTWARE PRODUCT may be used only directly by you.
- You may install and use the SOFTWARE PRODUCT interactively on the number of PC licenses paid exclusively by you.
- Rental. You may not rent, lease, or lend the SOFTWARE PRODUCT to any party.
- The software must be distributed using the original setup program from the UB-04 Software, Inc. website.
- You may not separate components such as DLLs from the setup package and separately distribute them.
- The software may not be distributed as a component of another commercial product.
You, the purchaser of the software, are not allowed to redistribute this software to anyone. For each user listed on the purchased license, one person, whether they be on a separate PC or thin client, is allowed to use the software. If you allow use by more persons than the number that is listed on your license you must upgrade your license. The Site License allows use by up to one hundred PCs. You are allowed to make backup copies of the software, but you are specifically prohibited from charging or requesting donations, for any such copies, however made. The license does not grant you any other rights except expressly stated above. UB-04 Software, Inc. continues to own and retains all rights to the software. You are not allowed to sell, lease or otherwise make money from this software unless the right to do so is expressly granted to you by the written permission from UB-04 Software, Inc.
4) COPYRIGHT AND TRADEMARKS
i. All title, trademarks and copyrights in and pertaining to the SOFTWARE PRODUCT (including but not limited to any images, photographs, animation, video, audio, Music, text, and applets incorporated into the SOFTWARE PRODUCT), the accompanying, printed materials and any copies of the SOFTWARE PRODUCT are owned by UB-04 Software, Inc. or its affiliated companies or suppliers. The SOFTWARE PRODUCT is protected by copyright and trademark laws and international treaty provisions. You must treat the SOFTWARE PRODUCT like any other copyrighted material for archival purposes only. You may not copy the printed materials accompanying the SOFTWARE PRODUCT.
ii. You may not remove, modify or alter any UB-04 Software, Inc. copyright or trademark notice from any part of the SOFTWARE PRODUCT, including but not limited to any such notices contained in the physical and/or electronic media or documentation, in the 'About' boxes, in any of the runtime resources and/or in any web-presence or web-enabled notices, code or other embodiments originally contained in or dynamically or otherwise created by the SOFTWARE PRODUCT.
Registered users may obtain free copies of each revision to the software, until their upgrade contract has expired. Updates are available for download by clicking 'Check For New Version' in the 'Help' menu or by visiting the Downloads page of our website. You must install all updates promptly, since product support will only be provided for the most recent version of the software, incorporating all prior updates.
UB-04 Software, Inc. may provide you with support services related to the SOFTWARE PRODUCT ("Support Services").
Registered users are offered free customer support through electronic mail and telephone, until their support contract has expired. Support is only provided for use of the program, not for filling out either the HCFA-1500 (CMS 1500) or UB-04 (CMS 1450) forms. Instructions for filling out the HCFA-1500 (CMS 1500) or UB-04 (CMS 1450) forms are included with the program, but you will want to check the specifications of each payer. There is no warranty as to the accuracy of these instructions nor a guarantee that claims abiding by them will be accepted by Medicare, Medicaid or other payers. Printer support and support with printer drivers must be provided by the printer manufacturer. UB-04 Software, Inc. is not liable for any problems or issues that may arise from recommended support topics or installations.
6) DISCLAIMER OF WARRANTY
- LIMITED WARRANTY: UB-04 Software, Inc. warrants that (a) the SOFTWARE PRODUCT will, for a period of thirty (30) days from the date of your receipt, perform substantially in accordance with UB-04 Software, Inc.'s written materials accompanying it, and (b) any Support Services provided by UB-04 Software, Inc. shall be substantially as described in applicable written materials provided to you by UB-04 Software, Inc., and (c) UB-04 Software, Inc. support engineers will make commercially reasonable efforts to solve any problem issues with the SOFTWARE PRODUCT. To the extent that implied warranties on the SOFTWARE PRODUCT are disclaimable, they are disclaimed herein below. Some states and jurisdictions do not allow disclaimers of or limitations on the duration of an implied warranty, so the above limitation may not apply to you. To the extent implied warranties may not be entirely disclaimed but implied warranty limitations are allowed by applicable law, implied warranties on the SOFTWARE PRODUCT, if any, are limited to thirty (30) days.
- CUSTOMER REMEDIES: UB-04 Software, Inc.'s and its suppliers' entire liability and your exclusive remedy shall be, at UB-04 Software, Inc.'s option, either (a) return of the price paid by you for the SOFTWARE PRODUCT (not to exceed the suggested retail price) if any, or (b) repair or replacement of the component(s) of the SOFTWARE PRODUCT that do(es) not meet UB-04 Software, Inc.'s Limited Warranty and which is returned to UB-04 Software, Inc. with a copy of your purchase receipt. This Limited Warranty is void if failure of the SOFTWARE PRODUCT has resulted from accident, abuse, or misapplication. Any replacement SOFTWARE PRODUCT will be warranted for the remainder, of the original warranty period of thirty (30) days. Outside of the United States, neither of these remedies nor any product support services offered by UB-04 Software, Inc. are available without proof of purchase from an UB-04 Software, Inc. authorized international source.
- This software and the accompanying files are provided as is and without warranties as to performance or merchantability or any other warranties whether expressed or implied. No warranty of fitness for a particular purpose is offered. Any liability of the provider will be limited exclusively to refund of the purchase price of the SOFTWARE PRODUCT. UB-04 Software, Inc. reserves the right to change and alter their programs and policies without prior notice.
7) LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL UB-04 SOFTWARE, 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 SOFTWARE PRODUCT OR THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES, EVEN IF UB-04 SOFTWARE, INC. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY CASE, UB-04 SOFTWARE, INC.'S ENTIRE LIABILITY UNDER ANY PROVISION OF THIS EULA SHALL BE LIMITED TO THE GREATER OF THE AMOUNT ACTUALLY PAID BY YOU FOR THE SOFTWARE PRODUCT OR TEN UNITED STATES DOLLARS (U.S. $10.00); PROVIDED, HOWEVER, IF YOU HAVE ENTERED INTO A UB-04 SOFTWARE, INC. SUPPORT SERVICES AGREEMENT, UB-04 SOFTWARE, INC.'S ENTIRE LIABILITY REGARDING SUPPORT SERVICES SHALL, BE GOVERNED BY THE TERMS OF THAT AGREEMENT. BECAUSE SOME STATES AND JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
8) ELECTRONIC SUBMISSION
All electronic submission is dictated by separate agreements through the proper electronic submission and/or clearinghouse entity. With each clearinghouse, you may need to read, understand, and sign additional documents that further detail the intricacies of the relationship, as well as your commitment in such a relationship.
9) RULES AND REGULATIONS
By accepting, the user acknowledges the existence of and the need for the EULA governing use of UB-04 Software, Inc.'s software(s) and program(s). The user agrees to comply with the EULA as presently in effect or as they may hereafter be modified, amended or supplemented. UB-04 Software, Inc. reserves the right to modify, amend or supplement the EULA from time to time in its sole discretion. UB-04 Software, Inc. may terminate the user's licenses at any time for breach of the EULA or generally undesirable behavior, as determined by UB-04 Software, Inc. in its sole discretion, and the user will not be entitled to a refund of any portion.
UB-04 Software, Inc. will not gather any personal information about you or your computer without your explicit approval, except where this license agreement has been violated by the use of invalid or pirated license codes. If you give us personal information or allow us to gather personal information from your computer, we will tell you exactly what we are collecting and what it will be used for. None of your personal information will ever be shared with or sold to third parties.
During pre-installation and installation of some of UB-04 Software, Inc.'s products, UB-04 Software, Inc. will request the gathering of information from your computer system. We will specify exactly what information we are collecting. UB-04 Software, Inc. reserves the right to use information collected from customers in aggregate form. This means that we can compile information such as the number of people who purchased a specific product. However, your personal information is not used in this process. Again, none of your personal information will ever be shared with or sold to third parties.