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Agreement Information

Software License Agreement (EULA)

PLEASE READ CAREFULLY: THE USE OF SOFTWARE AVAILABLE AT WWW.ALCHARTSPLUS.COM WEBSITE IS SUBJECT TO THE TERMS AND CONDITIONS THAT FOLLOW.

PLEASE READ CAREFULLY BEFORE USING THIS EQUIPMENT: This End-User license Agreement ("EULA") is a legal agreement between (a) you (either an individual or a single entity) and (b) Alcharts, Inc. ("Alcharts") that governs your use of the web-based software product, ALChartsPlus.

RIGHTS IN THE SOFTWARE PRODUCT ARE OFFERED ONLY ON THE CONDITION THAT YOU AGREE TO ALL TERMS AND CONDITIONS OF THIS EULA. BY INSTALLING SHORTCUTS, COPYING, DOWNLOADING FORMS, OR OTHERWISE USING THE SOFTWARE PRODUCT, YOU AGREE TO BE BOUND BY THE TERMS OF THIS EULA. IF YOU DO NOT ACCEPT THESE LICENSE TERMS, YOUR SOLE REMEDY IS TO CANCEL YOUR REGISTRATION FOR THIS SOFTWARE PRODUCT WITHIN 30 (THIRTY) DAYS OF REGISTRATION TO AVOID BILLING FOR THE USE OF THE SOFTWARE PRODUCT.  REFUNDS MAY BE SUBJECT TO THE REFUND POLICY OF ALCHARTS.

1. GRANT OF LICENSE. Alcharts grants you the following rights provided you comply with all terms and conditions of this EULA:

a. Use. You may use the Software Product on any computers ("Your Computer") you authorize within your organization to login and use your subscription to the Software Product.  Providing login credentials to your users provides access according to your user account type; you are responsible for providing access to individuals that may harm,  use or cause damage to any sensitive data you maintain through the use of our Software Product. You do not have the right to distribute the Software Product. You may load the Software Product into Your Computer's temporary memory (RAM) for purposes of using the Software Product.

b. Storage. This Software Product is web-based; you may not copy the Software Product into the local memory or storage device of any computer.

c. Copying. You may make archival or back-up copies of the data stored within the Software Product, provided the copy contains all of the original Software Product's proprietary notices and that it is used only for back-up purposes.

d. Reservation of Rights. Alcharts and its suppliers reserve all rights not expressly granted to you in this EULA.

2. UPGRADES. To use the Software Product identified as an upgrade, you must first be licensed for the original Software Product identified by Alcharts as eligible for the upgrade. After testing and upgrading is accomplished to our web-based Software Product, you will no longer be able to use the original Software Product that formed the basis for your upgrade eligibility.

3. ADDITIONAL SOFTWARE. This EULA applies to updates or supplements to the original Software Product provided by Alcharts unless Alcharts provides other terms along with the update or supplement. In case of a conflict between such terms, the other terms will prevail.

4. TRANSFER.

a. Third Party. The initial user of the Software Product may make a one-time transfer of the Software Product to another end user upon the approval of Alcharts. Any transfer must include all data maintained by the user within the software, this EULA, and if applicable, the Certificate of Authenticity. The transfer may not be an indirect transfer, such as a consignment. Prior to the transfer, the end user receiving the transferred product must agree to all the EULA terms. Upon transfer of the Software Product, your license is automatically terminated.

b. Restrictions. You may not rent, lease or lend the Software Product or use the Software Product for commercial timesharing or bureau use. You may not sublicense, assign or transfer the license or Software Product except as expressly provided in this EULA and without the permission of Alcharts.

5. PROPRIETARY RIGHTS. All intellectual property rights in the Software Product and user documentation are owned by Alcharts or its suppliers and are protected by law, including but not limited to United States copyright, trade secret, and trademark law, as well as other applicable laws and international treaty provisions. You shall not remove any product identification, copyright notices or proprietary restrictions from the Software Product or the reports/forms generated from within the Software Product.

6. LIMITATION ON REVERSE ENGINEERING. You may not reverse engineer, decompile, or disassemble the Software Product, except and only to the extent that the right to do so is mandated under applicable law notwithstanding this limitation or it is expressly provided for in this EULA.

7. TERM. This EULA is effective unless terminated or rejected. This EULA will also terminate upon conditions set forth elsewhere in this EULA or if you fail to comply with any term or condition of this EULA.

8. CONSENT TO USE OF DATA. You agree that Alcharts and its affiliates, heirs, or assigns may collect and use technical information you provide in relation to support services related to the Software Product. Alcharts agrees not to use this information in a form that personally identifies you except to the extent necessary to provide such services.

9. DISCLAIMER OF WARRANTIES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALCHARTS AND ITS SUPPLIERS PROVIDE THE SOFTWARE PRODUCT “AS IS” AND WITH ALL FAULTS, AND HEREBY DISCLAIM ALL OTHER WARRANTIES AND CONDITIONS, EITHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE AND NON-INFRINGEMENT, ANY IMPLIED WARRANTIES, DUTIES OR CONDITIONS OF MERCHANTABILITY, OF FITNESS FOR A PARTICULAR PURPOSE, AND OF LACK OF VIRUSES ALL WITH REGARD TO THE SOFTWARE PRODUCT. Some states/jurisdictions do not allow exclusion of implied warranties or limitations on the duration of implied warranties, so the above disclaimer may not apply to you in its entirety.

10. LIMITATION OF LIABILITY. Notwithstanding any damages that you might incur, the entire liability of Alcharts and any of its suppliers under any provision of this EULA and your exclusive remedy for all of the foregoing shall be limited to the greater of the amount actually paid by you separately for the Software Product or U.S. $5.00. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL ALCHARTS OR ITS SUPPLIERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS OR CONFIDENTIAL OR OTHER INFORMATION, FOR BUSINESS INTERRUPTION, FOR PERSONAL INJURY, FOR LOSS OF PRIVACY ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF OR INABILITY TO USE THE SOFTWARE PRODUCT, OR OTHERWISE IN CONNECTION WITH ANY PROVISION OF THIS EULA, EVEN IF ALCHARTS OR ANY SUPPLIER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF THE REMEDY FAILS OF ITS ESSENTIAL PURPOSE. Some states/jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.

11. COMPLIANCE WITH EXPORT LAWS. You shall comply with all laws and regulations of the United States and other countries ("Export Laws") to assure that the Software Product is not (1) exported, directly or indirectly, in violation of Export Laws, or (2) used for any purpose prohibited by Export Laws, including, without limitation, nuclear, chemical, or biological weapons proliferation.

12. CAPACITY AND AUTHORITY TO CONTRACT. You represent that you are of the legal age of majority in your state of residence and, if applicable, you are duly authorized by your employer to enter into this contract.

13. APPLICABLE LAW. This EULA is governed by the laws of the State of Wisconsin, U.S.A.

14. ENTIRE AGREEMENT. This EULA (including any addendum or amendment to this EULA which is included with the ALChartsPlus Product) is the entire agreement between you and Alcharts relating to the Software Product and it supersedes all prior or contemporaneous oral or written communications, proposals and representations with respect to the Software Product or any other subject matter covered by this EULA. To the extent the terms of any Alcharts policies or programs for support services conflict with the terms of this EULA, the terms of this EULA shall control.

The information contained herein is subject to change without notice. All other product names mentioned herein may be trademarks of their respective companies.

BILLING TERMS AND CONDITIONS AGREEMENT

This Billing Terms and Conditions Agreement (“Agreement”) is signed concurrently and with the same Effective Date as the Software License  (the “Software License Agreement”).   Terms share definitions as given in the Agreements unless otherwise stated below.  Licensee agrees to the billing terms as follows:

Section 1.  Charges and fees

  1. The monthly software lease charge is calculated by adding up the total number of residents loaded in the software.   This includes current residents and pending resident admission charts that are open.  Discharged or inactive resident charts will be assessed a separate maintenance fee for storage of data.

Monthly Pricing*:

1 – 4 bed    $55.00 per month

5 – 8 bed    $65.00 pr month

9 – 16 bed   $75.00 per month

17 – 59 bed $4.50 per resident per month, minimum $75/month

60 + beds   $4.00 per resident per month, minimum $75/month

  1. Payment by check or credit card only.  If a check payment is returned  for non-sufficient funds (NSF) by our bank, your facility will be billed a return check fee of $35.00.
  1. Payment terms are net 15 days from invoice date.

SECTION 2.  LATE FEES OR DELINQUENT ACCOUNTS

  1. A late charge of 1.5% per month will be added to all unpaid balances over 15 days past due.
  1. Delinquent accounts will be scheduled for collection.
  1. ALChartsPlus Software will be locked for accounts over 30 days past due.
  2. Records will not be available for download for locked accounts.
  1. Records/data will be purged for accounts that are over 60 days past due.

 SECTION 3.  DISCHARGED OR INACTIVE RESIDENT FILES

  1. ALCharts will automatically retain discharged or inactive residents as view and print only status.  These records will be maintained as long as the Licensee remains in good standing.   It is the Licensee’s responsibility to save the data onto an alternate storage system and then request deletion of resident’s information in the  ALChartsPlus software if storage by ALCharts is no longer desired.
  1.  Discharged (Inactive) Residents Options:
    1. ALCharts Inc. recommends that you download and store a copy of all resident documents onto a media storage device for your permanent records.
    2. ALCharts Inc. will retain inactive resident data at no charge.  Current accounts may access inactive resident data at any time. 
    3. There will be a service charge applied to retrieve data from closed accounts.

 SECTION 4.  TERMINATION OF CONTRACT

 1.      14 days notice is required for termination of contract.

 2.      Facilities in good-standing (no outstanding balance) will have sixty (60) days from notice of termination to download resident files at no charge.

 3.      Request for files after sixty (60) days will be charged a processing fee.  Files will not be available after sixty (60) days of termination.

 This Agreement is to be read in conjunction with the Software License Agreement signed concurrently with this Billing Terms and Conditions Agreement.  Together, the Agreements constitute the entire agreement and understanding of the parties with respect to the subject matter hereof, superseding any and all prior agreements, understandings, negotiations, and discussions. No amendment, alteration, modification, or waiver of the Agreements shall be binding unless evidenced by an instrument in writing signed by the party against whom enforcement thereof is sought.

The undersigned have executed this Software License Agreement as of this day 21 of Jul 2018 and agree to its terms of use.