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.
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
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,
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.
AND CONDITIONS AGREEMENT
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
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.
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
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.
Payment terms are net 15 days from invoice date.
SECTION 2. LATE FEES OR DELINQUENT ACCOUNTS
late charge of 1.5% per month will be added to all unpaid balances over 15 days
Delinquent accounts will be scheduled for collection.
ALChartsPlus Software will be locked for accounts over 30 days past due.
Records will not be available for download for locked accounts.
Records/data will be purged for accounts that are over 60 days past due.
3. DISCHARGED OR INACTIVE RESIDENT
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.
Discharged (Inactive) Residents Options:
ALCharts Inc. recommends that you download and store a copy of all resident
documents onto a media storage device for your permanent records.
ALCharts Inc. will retain inactive resident data at no charge. Current accounts may access inactive
resident data at any time.
There will be a service charge applied to retrieve data from closed accounts.
SECTION 4. TERMINATION OF CONTRACT
14 days notice
is required for termination of contract.
good-standing (no outstanding balance) will have sixty (60) days from notice of
termination to download resident files at no charge.
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