Speedy Claims CMS-1500 6.8.0.118

EULA - End User License Agreement

END USER LICENSING AGREEMENT

IMPORTANT: THIS IS A LICENSE, NOT A SALE. CAREFULLY READ THIS LICENSE BEFORE USING THIS PRODUCT. INSTALLING, COPYING, OR OTHERWISE USING THIS PRODUCT INDICATES YOUR ACKNOWLEDGMENT THAT YOU HAVE READ THIS LICENSE AND AGREE TO BE BOUND BY AND COMPLY WITH ITS TERMS. IF YOU DO NOT AGREE, CONTACT YOUR VENDOR TO OBTAIN A RETURN AUTHORIZATION NUMBER (RA NUMBER) WITHIN THIRTY (30) DAYS FROM THE DATE YOU ACQUIRED THE PRODUCT FOR A FULL REFUND.

Unless you have a written agreement with SpeedySoft USA providing for additional Use, the below agreement gives you permission to install and Use one (1) copy of this Product on one (1) computer or electronic device at any given time as set out in more detail below. This agreement also imposes certain restrictions on your Use of this Product. Unless you have another written agreement directly with SpeedySoft USA, or one of its subsidiaries, that expressly supersedes this agreement and controls and alters your Use or distribution of the Product, this Product is provided under the following end user license agreement and all applicable addenda (“License”) which define what you may do with the Product and contain limitations on warranties and/or remedies. This License does (i) not grant any concurrent right in the software; and (ii) not apply to any software installed on a terminal server. A separate license agreement must be concluded with SpeedySoft USA to obtain these rights.

This License is granted by SpeedySoft USA Corporation and its Affiliates (“SpeedySoft USA”) and includes the following:
1. General License Agreement Terms and Definitions
2. Trial Version Addendum to the General License Agreement

IMPORTANT: IF YOU ARE DOWNLOADING THIS PRODUCT, READ CAREFULLY THE TERMS AND CONDITIONS OF THE LICENSE BEFORE DOWNLOADING THIS PRODUCT. BY DOWNLOADING THIS PRODUCT:
(i) you certify that you are not a minor and that you agree to be bound by all of the terms and conditions set out in this License. Downloading and/or using the Product will be an irrevocable acceptance of the terms and conditions of the License;
(ii) you agree to be responsible for any and all internet service provider fees, telecommunication and other charges that may apply as a result of your download of the Product;
(iii) you represent and warrant to SpeedySoft USA, if you are accepting on behalf of a company or other legal entity, that you have full authority to bind such entity; and
(iv) all risk of damage to the Product during transmission and download is assumed by you.
IF YOU DO NOT AGREE WITH THE ABOVE, DO NOT DOWNLOAD THIS PRODUCT.

1. GENERAL TERMS AND DEFINITIONS:
IMPORTANT: THIS LICENSE, IN ADDITION TO THE LEGITIMATE PROOF OF PURCHASE OF THE PRODUCT, IS EVIDENCE OF YOUR RIGHT TO USE THE PRODUCT. PLEASE PRINT THIS LICENSE AND KEEP IT FOR YOUR RECORDS.

1.1 DEFINITIONS:
1.1.1 “Affiliates” means any corporation, company or other entity that directly or indirectly, is controlled by, or is under common control with, SpeedySoft USA Corporation.
1.1.2 "Computer" means a computer or an electronic device that accepts information in digital or similar form and manipulates it for a specific result based on a sequence of instructions;
1.1.3 "Documentation" means any accompanying printed materials, this License, any other agreement you may have with SpeedySoft USA relating to this Product, and "online" or electronic documentation;
1.1.4 "Permitted Number" means one (1) unless otherwise indicated under a valid license granted by SpeedySoft USA or one of its subsidiaries;
1.1.5 "Product" means a computer program, computer software (including its code) objects (including their APIs) as well as any images, photographs, templates, animations, video, audio, music, text and "applets" incorporated into the software, and where applicable, storage media containing all the above, including any Documentation; and
1.1.6 "Use" means to access, install, download, copy or otherwise benefit from using the functionality of the Product in accordance with the Documentation.

1.2 LICENSE:
SpeedySoft USA provides you with a Product and grants you a non-exclusive license to Use the Product in accordance with the terms of this License. Any supplemental software code and supporting materials provided to you as part of support services provided by SpeedySoft USA for the Product shall be considered part of the Product and subject to the terms and conditions of this License. The copyright and all other rights to the Product shall remain with SpeedySoft USA or its licensors. This License permits you to make limited number of copies of the Product and to the extent you do so, you must reproduce any copyright or other notices marked on the Product on all copies you make. Some third party materials included in the Product may be subject to other terms and conditions which are typically found in the "Help About" box. To the extent that any third party's intellectual property is incorporated within the Product, you agree that such third party is a third party beneficiary of the terms of this License to the extent of the third party's license to SpeedySoft USA.

1.3 YOU MAY:
(i) install and Use one (1) copy of the Product on a Computer up to the Permitted Number of Computers.
(ii) install one (1) copy of the Product on a storage device, such as a network server, Used only to install or run the Product on your other Computers within an internal network up to the Permitted Number. You must acquire and dedicate a license for each Computer on which the Product is installed or run from the storage device. A single license for the Product may not be shared or Used concurrently on different Computers unless you have another agreement with SpeedySoft USA permitting you to do so;
(iii) make one copy of the Product solely for archive or backup purposes;
(iv) transfer the Product to someone else only if you assign all of your rights under this License, cease all Use of the Product, erase or destroy any copy (including the hard disk copy) made in support of your Use of the Product, and ensure that the person to whom you wish to transfer the Product agrees to the terms of this License;

1.4 YOU MAY NOT:
(i) Use the Product or make copies of it other than as permitted in this License except to the extent the foregoing restriction is, by operation of applicable law, prohibited or of no effect;
(ii) translate, reverse engineer, decompile, or disassemble the Product except to the extent the foregoing restriction is, by operation of applicable law, prohibited or of no effect;
(iii) rent, lease, assign, sell, sublicense, lend or transfer the Product except as set out in Section 1.3 above;
(iv) modify the Product or merge all or any part of the Product with another program;
(v) redistribute the fonts included with the Product;
(vi) separate the component parts of the Product for Use on more than one (1) Computer except to the extent the foregoing restriction is, by operation of applicable law, prohibited or of no effect;
1.5 PRODUCT UPDATES, NEW VERSIONS AND THIRD PARTIES' SOFTWARE:

1.5.1 Installation of Updates, Patches, Additional Features or Functions, etc.:
You acknowledge that SpeedySoft USA may, but is under no obligation to, from time to time provide you with additional features, functions, patches, plug-ins, service packs, updates or other similar files related to this Product (“Updates”). You further acknowledge and accept that SpeedySoft USA need not provide you with advance notice of the installation of any such Updates.

1.5.2 Mandatory Updates:
In the event SpeedySoft USA provides you with an Update to address a threatened or actual security breach in the Product, to replace technologies that may infringe third party intellectual property rights or for any other reason of similar significance to SpeedySoft USA (such Updates hereinafter referred to as “Mandatory Updates”), you agree to promptly, and in no event later than ten (10) business days after SpeedySoft USA provides such Mandatory Update to you, cease use of any Product that has not be updated with the Mandatory Update. Failure to comply within the timeframe specified in this Section shall result in the automatic and immediate termination of your License to Use the Product.

1.5.3 Use of Updates, Patches, etc.:
Any Updates you obtain or receive may only be Used in conjunction with the SpeedySoft USA application software product for which it was designed (the "Original Application") and is subject to this License including, without limitation, to SpeedySoft USA's Limited Warranty, Disclaimer and Limitation of Liability (as set out in Sections 1.8, 1.9 and 1.10) and Eligibility provisions (as set out in Section 1.13), as applicable. You are granted a non-exclusive license to Use the Updates only with the Original Application provided that you still possess a valid license from SpeedySoft USA for the Original Application.

1.5.4 New Versions:
You acknowledge and agree that SpeedySoft USA has no obligation to make available to you any subsequent versions of the Product. You also agree that you may have to enter into a renewed version of this License in the event you want to Use a new version of the Product. Furthermore, you acknowledge and agree that SpeedySoft USA, in its sole discretion, may modify or discontinue or suspend your ability to Use any version of the Product, and/or disable any Product you may already have accessed or installed without any notice to you, for the repair, improvement, and/or upgrade of the underlying technology or for any other justifiable reason, including but not limited to, circumstances where you, at SpeedySoft USA's discretion, are in breach of this License, creating problems, possibly legal liabilities, acting inconsistently with the letter or spirit of SpeedySoft USA's policies, or engaging in fraudulent, immoral or illegal activities, or for other similar reasons. SpeedySoft USA will not accept any liability in relation to the direct or indirect damages caused by: (i) the release and/or the absence of release of new versions of the Product; and (ii) by the suspension or termination of this License by SpeedySoft USA and/or by you.

1.5.5 Third Parties:
You acknowledge and agree that the Product may be incorporated into, and may incorporate itself into, software and other technology owned and controlled by third parties. Any such third party software or technology that is incorporated in the Product falls under the scope of this License. Any and all other third party software or technology that may be distributed together with the Product (“Bundled Third Party Software”) will be subject to you explicitly accepting a license agreement with that third party. You acknowledge and agree that you have not entered into a contractual relationship with SpeedySoft USA regarding such Bundled Third Party Software and you will look solely to the applicable third party and not to SpeedySoft USA to enforce any of your rights.
1.6 INTELLECTUAL PROPERTY RIGHTS:
Except as expressly licensed to you in this License, SpeedySoft USA retains all right, title and interest in and to the Product and any copies you are authorized by SpeedySoft USA to make. The Product is protected by copyright, including without limitation by Canadian copyright law, international treaty provisions and applicable laws in the country in which it is being Used. Except as expressly stated herein, this License does not grant you any intellectual property rights in the Product. All rights not expressly granted are reserved by SpeedySoft USA.

1.7 TERM:
This License shall remain in effect only for so long as you are in compliance with the terms and conditions of this License. This License will terminate if you fail to comply with any of its terms or conditions. You agree, upon termination, to destroy all copies of the Product. The Intellectual Property Rights, Limited Warranty, Disclaimer and Limitation of Liability provisions set out in Sections 1.6, 1.8, 1.9, 1.10, 1.14, 1.15, 3.2, 6.3 and 7.3 shall continue in force even after any termination.

1.8 LIMITED WARRANTY:
Except as may be otherwise provided in this Agreement or unless the Product is a Trial Version as set forth in Section 3 or a Pre-Release Version as set out in Section 7, SpeedySoft USA warrants to the person or entity that first purchases a license to Use this Product that this Product will be free from defect in materials and workmanship for thirty (30) days from the date you acquire it. If such a defect occurs, contact SpeedySoft USA Customer Service at www.SpeedySoftUSA.com to obtain a RMA Number to return the media and SpeedySoft USA will replace it free of charge. THIS REMEDY IS YOUR EXCLUSIVE REMEDY AND SPEEDYSOFT USA'S AND ITS SUPPLIERS' AND DEALERS' ENTIRE LIABILITY FOR BREACH OF THIS WARRANTY OR, WHERE PERMITTED BY APPLICABLE LAW, FOR ANY OTHER CAUSE OF ACTION (INCLUDING NEGLIGENCE) CONCERNING ANY DEFECT IN MATERIALS OR WORKMANSHIP IN RELATION TO THE PRODUCT. THIS LIMITED WARRANTY GIVES YOU CERTAIN LEGAL RIGHTS. YOU MAY HAVE ADDITIONAL LEGISLATED RIGHTS WHICH MAY VARY FROM JURISDICTION TO JURISDICTION.

1.9 DISCLAIMER:
EXCEPT FOR THE EXPRESS LIMITED WARRANTY ABOVE AND FOR ANY WARRANTY, CONDITION, REPRESENTATION OR TERM TO THE EXTENT TO WHICH THE SAME CANNOT OR MAY NOT BE EXCLUDED OR LIMITED BY LAW APPLICABLE TO YOU IN YOUR JURISDICTION, THE PRODUCT IS PROVIDED ON AN "AS IS" BASIS, WITHOUT ANY OTHER WARRANTIES, REPRESENTATIONS, CONDITIONS OR TERMS, EXPRESS OR IMPLIED, WHETHER BY LAW, STATUTE, USAGE OF TRADE, COURSE OF DEALING OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF NON-INFRINGEMENT OF THIRD PARTY RIGHTS, INTEGRATION, MERCHANTABLE QUALITY, SATISFACTORY QUALITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. SPEEDYSOFT USA AND ITS SUPPLIERS AND DEALERS DO NOT AND CANNOT WARRANT THE PERFORMANCE OR RESULTS YOU MAY OBTAIN BY USING THE PRODUCT. THE ENTIRE RISK AS TO THE RESULTS AND PERFORMANCE OF THE PRODUCT IS ASSUMED BY YOU. WHERE ANY NON-EXCLUDABLE TERMS ARE IMPLIED INTO THIS LICENSE BY OPERATION OF LAW, TO THE EXTENT PERMISSIBLE BY LAW, SPEEDYSOFT USA LIMITS ITS LIABILITY TO, AT ITS OPTION, THE REPAIR OR REPLACEMENT OF THE GOODS, THE RE-SUPPLY OF EQUIVALENT GOODS, OR THE COST THEREOF.

1.10 LIMITATION OF LIABILITY:
SUBJECT TO THE EXPRESS LIMITED WARRANTY ABOVE, IN NO EVENT WILL SPEEDYSOFT USA, ITS DEALERS OR SUPPLIERS BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY DAMAGES, CLAIMS OR COSTS WHATSOEVER (INCLUDING, WITHOUT LIMITATION, FOR BREACH OF CONTRACT, NEGLIGENCE OR ANY OTHER CAUSE OF ACTION WHATSOEVER) OR ANY INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, BUT NOT LIMITED TO, LOSS OF REVENUE OR PROFIT, LOST OR DAMAGED DATA OR OTHER COMMERCIAL OR ECONOMIC LOSS, EVEN IF A SPEEDYSOFT USA REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR THEY ARE FORESEEABLE. SPEEDYSOFT USA IS ALSO NOT RESPONSIBLE FOR CLAIMS BY A THIRD PARTY. IN THE EVENT THAT THE ABOVE LIMITATION OF LIABILITY IS NOT VALID IN YOUR JURISDICTION, SPEEDYSOFT USA'S MAXIMUM AGGREGATE LIABILITY AND THAT OF SPEEDYSOFT USA'S DEALERS AND SUPPLIERS SHALL NOT EXCEED THE AMOUNT PAID BY YOU FOR THE PRODUCT. THE LIMITATIONS IN THIS SECTION SHALL APPLY WHETHER OR NOT THE ALLEGED BREACH OR DEFAULT IS A BREACH OF A FUNDAMENTAL CONDITION OR TERM OR A FUNDAMENTAL BREACH. THE FOREGOING EXCLUSIONS AND LIMITATIONS APPLY TO THE EXTENT PERMITTED BY APPLICABLE LAW IN YOUR JURISDICTION. SPEEDYSOFT USA IS ACTING ON BEHALF OF ITS DEALERS AND SUPPLIERS FOR THE PURPOSE OF DISCLAIMING, EXCLUDING AND/OR LIMITING OBLIGATIONS, WARRANTIES AND LIABILITY AS PROVIDED IN THIS LICENSE, BUT IN NO OTHER RESPECTS.

1.11 U.S. GOVERNMENT RIGHTS:
The Product under this License consists of "Commercial Computer Software" and "Commercial Computer Software Documentation" as those terms are described in 48 C.F.R. 252.227-7014(a)(1). If acquired by or on behalf of a civilian agency, the U.S. Government acquires this Commercial Computer Software and/or Commercial Computer Software Documentation subject to the terms of this License as specified in 48 C.F.R. 12.212 (Computer Software) and 12.211 (Technical Data) of the Federal Acquisition Regulations ("FAR") and its successors. If acquired by or on behalf of any agency within the Department of Defense ("DOD"), the U.S. Government acquires this Commercial Computer Software and/or Commercial Computer Software Documentation subject to the terms of this License as specified in 48 C.F.R. 227.7202 of the DOD FAR Supplement ("DFAR") and its successors.

1.12 EXPORT CONTROLS:
If the Product is identified as a not-for-export product (for example, on the box, media or in the installation process), then, unless you have exemption from the United States Department of Commerce or other regulatory authority as designated from time to time the following applies: Except for export to Canada for Use in Canada by Canadian residents, the Product may not be exported outside of the United States or to any foreign entity or "foreign person" as defined by the U.S. government regulations, including without limitation, anyone who is not a citizen, national or lawful permanent resident of the United States. By agreeing to the terms of this License you are warranting to SpeedySoft USA that you are not a "foreign person" or under the control of a "foreign person".

1.13 ELIGIBILITY:
To be eligible to Use or download the Product you must be in compliance with applicable export laws. You may only download, install and/or Use the Product if: (i) you are not a citizen, national or resident of, and are not under the control of, the government of: Cuba, Iran, Libya, North Korea, Sudan, Syria, nor any other country to which the United States has prohibited export; (ii) you will not download or otherwise export or re-export the Product, directly or indirectly, to the countries mentioned in clause (i) nor to citizens, nationals or residents of those countries; (iii) you are not listed in the United States Department of Treasury lists of Specially Designated Nationals, Specially Designated Terrorists, and Specially Designated Narcotic Traffickers, nor are you listed on the United States Department of Commerce Table of Denial Orders; (iv) you will not download or otherwise export or re-export the Product, directly or indirectly, to persons on the lists mentioned in clause (iii); and (v) you will not Use the Product for, and will not allow the Product to be Used for, any purposes prohibited by United States law, including, without limitation, for the development, design, manufacture or production of nuclear, chemical or biological weapons of mass destruction.

If you are not in compliance with the above statements, you are not eligible to Use or download the Product.

1.14 COMPLIANCE WITH LICENSES:
If you are a business or organization, you agree that upon request from SpeedySoft USA or SpeedySoft USA's authorized representative, you will within thirty (30) days fully document and certify that Use of any and all SpeedySoft USA product at the time of the request is in conformity with your valid licenses from SpeedySoft USA.

1.15 ACTIVATION, REGISTRATION, MARKETING, PRIVACY, DATA COLLECTION, ACCESS AND ALTERATION:
Except as expressly limited by applicable law, you agree that:
(i) if this Product requires mandatory activation, your License and ability to Use this Product is contingent upon you successfully completing the activation process and providing SpeedySoft USA with accurate information as required by such process;