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NOTE:
The End-User License is a requirement of HotDocs® for the licensing
of the HotDocs Player ®6.1 software that runs the Medicaid Planning System
(MPS).
End-User
License for HotDocs® Software
IMPORTANT-READ
CAREFULLY: This End-User
License Agreement (“EULA”) is a legal agreement between you (either an
individual of a single entity) and HotDocs. a division of Matthew Bender
& Company, Inc. (“HotDocs”) for the HotDocs software, which
includes computer software and may include associated media, printed
materials, and “online” or electronic Documentation (collectively the
“Product”). By installing, copying, downloading, accessing, or otherwise
using the Product, you agree to be bound by the terms of this EULA. If you
do not agree to the terms of this EULA, do not install or use the Product;
you may, however, return it to your place of purchase for a full refund.
1.
The Product is protected by copyright law and international copyright
treaties and other intellectual property law and treaties. The Product is
licensed, not sold.
2.
As long as you comply with the terms of this Agreement, HotDocs grants you a
non-exclusive license to use the Product on a single computer or
workstation. Any software provided along with the Product that is associated
with a separate end-user licensed agreement is licensed to you under the
terms of that license agreement.
3.
You may store or install a copy of the Product on a network server, used
only to run the Product on your other computers over an internal network;
however, you must first acquire and dedicate a license for each separate
computer on which the Product is run from the storage device. A license for
the Product may not be shared or used concurrently on different computers.
4.
You may make one backup copy of the Product, provided your backup copy is
not installed or used on any computer. You may not transfer the rights to a
backup copy unless you transfer all the rights in the Product.
5.
The Product is licensed as a single product. Its component parts may not be
separated for use on more than one computer.
6.
You may not rent, lease, or lend the Product or use the Product as part of a
service bureau.
7.
All rights not expressly granted are reserved by HotDocs.
8.
HotDocs and its suppliers’ entire liability and your exclusive remedy
shall be, at HotDocs’ option, either a) return of the price paid, if any,
or b) repair or replacement of the Product that does not meet HotDocs’
Limited Warranty and which is returned to HotDocs with a copy of your
receipt. This Limited Warranty is void if failure of the Product resulted
from accident, abuse or misapplication. Any replacement Product will be
warranted for the remainder of the original warranty period, or thirty (30)
days, whichever is longer.
9.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, HOTDOCS AND ITS SUPPLIERS
DISCLAIM ALL OTHER WARRANTIES AND CONDITIONS, EITHER EXPRESS OR IMPLIED,
INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS
FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, WITH REGARD TO THE
Product, AND THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES. THIS
LIMITED WARRANTY GIVE YOU SPECIFIC LEGAL RIGHTS. YOU MAY HAVE OTHERS, WHICH
VARY FROM STATE/JURISDICTION TO STATE/JURISDICTION.
10.
To the maximum extent permitted by applicable law, in no event shall HotDocs
or its suppliers be liable for any special, incidental, indirect, or
consequential damages whatsoever (including, without limitation, damages for
loss of business profits, loss of business information, or any other
pecuniary loss) arising out of the use or inability to use the Product or
the provision of or failure to provide Support Services, even is HotDocs has
been advised of the possibility of such damages. In any case, HotDocs’
entire liability under the provisions of the EULA shall be limited to the
amount actually paid by you for the Product. Because some states and
jurisdictions do not allow the exclusion of limitation of liability, the
above limitation may not apply to you.
11.
Maintenance and Support Services are provided under a separate agreement.
12.
Upon request by HotDocs, not more than once annually, you will report the
number of copies in use by you.
13.
If you acquired this Product in the United States, this EULA is governed by
the laws of the State of New York.
NOTE:
The Conditions of Use and Warranty runs between users of the MPS and Medicaid Planning Systems, LLC, the
publisher of the product.
Medicaid
Planning Systems, LLC
Conditions
of Use and Warranty
Definitions:
Product:
The Medicaid Planning System (MPS) created and sold by Medicaid
Planning Systems,
LLC, and any updates, modifications, or enhancements thereto.
Customer:
“Customer” means the person or
business entity or organization to whom the Product has been sold or
otherwise delivered. “Customer” and “End-user” are synonymous terms.
HotDocs®
Player 6.1 Software (or
“Software”) : means the
computer program, templates and other information licensed by HotDocs® to
MPS, LLC and furnished to the Customer as part of the Product.
License:
The End-User License
Agreement furnished by HotDocs® and displayed on the CD-ROM of the Product,
consent to which by the End-user/Customer is required upon installation of
the Product by the Enduser/Customer.
MPS
Documentation: “MPS
Documentation” means the User’s Guide and any other instructional or
descriptive material, printed or on-line, provided with the Product or
otherwise. This is to be distinguished from software documentation developed
or supplied by HotDocs®.
Workstation:
“Workstation” means a single
microcomputer, computer terminal or network workstation that can be used or
controlled by only one person at a time.
MPS,
LLC: “MPS, LLC” means
Medicaid Planning Systems, LLC, a New Jersey Limited Liability Company and
publisher of the Medicaid Planning System Product and any updates or
revisions thereof.
Developers:
“Developers”
means MPS, LLC and the authors of and Contributors to the Product,
collectively.
Contributors:
“Contributors”
collectively means those individuals who have or will serve as beta testers
and providers of state-specific cites, forms or other information used in
the Product.
Content:
“Content” means the templates,
forms, documents, sample letters, state-specific citations and clauses, and
all other information and Medicaid Planning practice aids provided with the
Product.
Limited
Warranty / Limited Liability for the Product
Content:
The templates, forms, documents,
sample letters, state-specific citations and clauses, and all other
information and Medicaid Planning practice aids (“Contents”) provided
with the Product is to be used by qualified and competent professionals in
the performance of their functions. The Contents are not a substitute for or
intended to be used independently of such professional use and the rendering
of advice, counseling, or document preparation services by such
professionals. The Developers do not guarantee the accuracy, adequacy,
currency or completeness of the Contents and are not responsible for any errors
or omissions in the Content or by the user.
Furthermore, the Developers are not responsible for the nature,
extent, or availability of Medicaid benefits now or in the future.
The
Developers are not offering legal, financial or any other professional
advice to the Customer or any clients of the Customer; any such advice
rendered by the Customer in reliance of the Content, in whole or in part, is
the full responsibility of the Customer. The Developers shall not be
responsible or liable to the Customer or any third party for the results or
work product obtained by use of the Content. Customer is solely responsible
for any work performed for or otherwise done for any client or other third
party and for any advice, counsel, or work product given to any client or
other third party.
Media
Warranty: MPS, LLC warrants that if
the media containing the Software is physically defective when received by
the Customer, then MPS, LLC will provide a replacement at no charge,
provided the media is returned to MPS, LLC, within 60 days of the purchase
of the Product.
Limited
Warranty: MPS, LLC warrants
that if the Software fails to
substantially conform to the specifications in the MPS Documentation, and if
the nonconformity is reported in writing within 90 days of the purchase of
the Product, then MPS, LLC will, at the discretion of the Customer, either
remedy the nonconformity, or refund the purchase price to the Customer, upon
return of all copies of the Software and MPS Documentation thereof to MPS,
LLC, and removal of the Software from the hard drive or server of the
Customer.
Except
for the foregoing Limited Warranty, MPS, LLC shall not be liable for
special, incidental, consequential, indirect, or punitive damages, even if
MPS, LLC has been advised of the possibility of such damages. MPS,
LLC is not responsible for any costs incurred by the Customer or third
parties, as a result of the use of the Software or any documents or files
produced therefrom, including but not limited to: lost profits or revenue,
loss of data, costs of recreating data, the cost of any substitute
equipment, programs or services, loss of benefits to clients or other third
parties, or claims by clients or other third parties against the Customer or
MPS, LLC.
MPS,
LLC’s aggregate liability arising from or relating to this Agreement or
the Product is limited to the price paid for the Product.
Sole
Remedy: This
Agreement defines the sole and exclusive remedy of the Customer.
General
Provisions
Indemnification:
Customer agrees that Customer shall
defend and hold MPS, LLC harmless against any liability, claim or suit,
including but not limited to malpractice, and shall pay any related expense,
including but not limited to reasonable attorney’s fees, arising out of
its use of the product. MPS, LLC reserves the right to control all
litigation involving MPS, LLC, the Customer, and third parties.
Entire
Agreement: This
Agreement represents the entire agreement between MPS, LLC and Customer. No
distributor, employee or other person is authorized by MPS, LLC to modify
this Agreement or to make any warranty or representations concerning the
Product that is different from, or in addition to, the warranties and
representations of this Agreement.
Governing
Law: This Agreement shall be
governed by the laws of the State of New Jersey and of the United States of
America, notwithstanding any conflicts of law or other provision of the laws
of New Jersey or any other state that would otherwise result in the
application of the laws of any other jurisdiction.
“Medicaid
Planning Systems, LLC - Conditions of Use and Warranty”
®
2003-2005, Medicaid Planning Systems, LLC. All rights reserved |
