HCAR Software License Terms

eBilling Assistant (Version 1.0)

 

These End-User License Agreement (“EULA”) terms are a legal agreement between the Humboldt Community Access & Resource Center (HCAR) and you. Please read them. They apply to the software named above, which includes the media on which you received it, if any. The terms also apply to any

·         updates,

·         supplements,

·         Internet-based services, and

·         support services

for this software, unless other terms accompany those items. If so, those terms apply.

 

If you do not agree to the terms of this EULA, you are not entitled to use the software and you must press the “Cancel” button to decline installation. If you have already paid for the software you may obtain a refund of the purchase price provided that you do not use the software.

 

BY USING THE SOFTWARE, YOU ACCEPT THESE TERMS. IF YOU DO NOT ACCEPT THEM, DO NOT USE THE SOFTWARE.

 

If you comply with these license terms, you have the rights below.

1.       INSTALLATION AND USE RIGHTS. You may install and use copies of the software on your devices within your company’s standalone computers or local area network.

2.       Scope of License. The software is licensed, not sold. This agreement only gives you some rights to use the software. HCAR reserves all other rights. Unless applicable law gives you more rights despite this limitation, you may use the software only as expressly permitted in this agreement. In doing so, you must comply with any technical limitations in the software that only allow you to use it in certain ways. You may not

·         work around any technical limitations in the software;

·         reverse engineer, decompile or disassemble the software, except and only to the extent that applicable law expressly permits, despite this limitation;

·         make more copies of the software than specified in this agreement or allowed by applicable law, despite this limitation;

·         publish the software for others to copy;

·         rent, lease or lend the software;

·         transfer the software or this agreement to any third party; or

·         use the software for commercial software hosting services.

3.       BACKUP COPY. You may make one backup copy of the software. You may use it only to reinstall the software.

4.       DOCUMENTATION. Any person that has valid access to your computer or internal network may copy and use the documentation for your internal, reference purposes.

5.       EXPORT RESTRICTIONS. The software only works with the California Department of Developmental Services eBilling website. Exporting it outside the United States or to any other state is pointless, probably illegal and a violation of the terms of this agreement.

6.       SUPPORT SERVICES. Because this software is “as is,” we may not provide support services for it.

7.       ENTIRE AGREEMENT. This agreement, and the terms for supplements, updates, Internet-based services and support services that you use, are the entire agreement for the software and support services.

8.       APPLICABLE LAW.  The laws of the State of California govern all claims, including claims under state consumer protection laws, unfair competition laws, and in tort.

9.       LEGAL EFFECT. This agreement describes certain legal rights. You may have other rights under the California law. You may also have rights with respect to the party from whom you acquired the software. This agreement does not change your rights under California law if the laws of that state do not permit it to do so.

10.   THIRD PARTY SOFTWARE LICENSES: HCAR products may make use of Microsoft Visual FoxPro software. Use of this material included in the Software may be subject to other terms and conditions. The specific license conditions are to be found In the “Visual FoxPro eula” file in the installation directory. You hereby agree to the terms and conditions for this software. Use of the eBilling websites are covered by agreements on those sites. Use of this software in conjunction with those sites binds you to the terms of those agreements.

11.   DISCLAIMER OF WARRANTY. The software is licensed “as-is.” You bear the risk of using it. HCAR gives no express warranties, guarantees or conditions. You may have additional consumer rights under your local laws which this agreement cannot change. To the extent permitted under your local laws, HCAR excludes the implied warranties of merchantability, fitness for a particular purpose and non-infringement.

12.   LIMITATION ON AND EXCLUSION OF REMEDIES AND DAMAGES. You can recover from HCAR only direct damages up to the purchase price of the software. You cannot recover any other damages, including consequential, lost profits, special, indirect or incidental damages.

This limitation applies to

·         anything related to the software, services, content (including code) on third party Internet sites, or third party programs; and

·         claims for breach of contract, breach of warranty, guarantee or condition, strict liability, negligence, or other tort to the extent permitted by applicable law.

It also applies even if HCAR knew or should have known about the possibility of the damages. The above limitation or exclusion may not apply to you because California may not allow the exclusion or limitation of incidental, consequential or other damages. HCAR  indemnifies, defends, and holds harmless Microsoft from any claims, including attorneys' fees, related to the distribution or use of this software.