END USER LICENSE AGREEMENT [EULA]
Anchor Software Solutions
1. THIS IS A LEGAL AGREEMENT BETWEEN YOU (THE “USER”) AND ANCHOR SOFTWARE SOLUTIONS THE DEVELOPER AND DISTRIBUTOR OF PATIENT SIGN-IN SOFTWARE (REFERRED TO AS “WE”, “OUR” OR “US” HEREINAFTER). ENDEAVOUR TO READ THIS AGREEMENT CAREFULLY BEFORE YOU CLICK ON THE "ACCEPT" OPTION or LOGIN TO THE SOFTWARE. BY CLICKING ON THE "ACCEPT" OPTION, YOU AGREE THAT YOU HAVE READ AND UNDERSTAND THIS AGREEMENT AND WILL BE BOUND BY ITS TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO THE TERMS OF THIS LICENSE, DO NOT CLICK THE “ACCEPT” BUTTON, DOWNLOAD OR USE THE SOFTWARE.
2. BY PURCHASING AND INSTALLING OR OTHERWISE USING PATIENT SIGN-IN SOFTWARE (HEREINAFTER REFERRED TO AS (“SOFTWARE”), YOU AGREE TO BE BOUND BY THE TERMS OF THIS SOFTWARE END USER LICENSE AGREEMENT. IF YOU DO NOT AGREE TO THESE TERMS, YOU MAY NOT DOWNLOAD, INSTALL OR USE THE PRODUCT. "YOU" MEANS THE USER, THE CUSTOMER AND THE NATURAL PERSON OR THE ENTITY THAT IS AGREEING TO BE BOUND BY THESE TERMS, THEIR EMPLOYEES, AND THIRD PARTY CONTRACTORS THAT PROVIDE SERVICES TO YOU. YOU SHALL BE LIABLE FOR ANY FAILURE BY SUCH EMPLOYEES AND THIRD PARTY CONTRACTORS TO COMPLY WITH THESE TERMS.
3. IF YOU COMPLY WITH THE TERMS OF THIS PRODUCT END USER LICENSE AGREEMENT, YOU HAVE THE RIGHTS BELOW FOR EACH LICENSE YOU ACQUIRE.
4. The "Software" consists of: (a.) the Patient Sign-In for Health Care Clinics provided in connection with an authorized link to this Agreement, including all Software, code, text, graphics, sounds, logos, layouts, designs, interfaces, and other items included in or associated with the Software; and (b.) any files that are delivered to you by Anchor Software Solutions (via online transmission, through a third party distributor, or otherwise) patches, updates, or otherwise modified version of the Patient Sign-In Software.
6. If you are obtaining the Software from a distribution channel ("Distribution Channel"), your purchase, if the Software is paid, and any subscription, if the Software or its Content requires a subscription, may be subject to additional terms of the Distribution Channel. This Agreement is between you and us only, and not with the Distribution Channel. We, rather than the Distribution Channel, are responsible for the Software and the content thereof. Neither the Distribution Channel nor we have any obligation to furnish any maintenance and support services with respect to the Software.
7. The Patient Sign-In Software is designed for Health Care Providers to enable Patients Sign in for health services with ease. The Software, Services and Content are copyrighted works of Anchor Software Solutions and may contain trademarks, service marks, trade names, and other intellectual property of Anchor Software Solutions.
8. YOU FURTHER ACKNOWLEDGE AND UNDERSTAND THAT THIS AUTHORIZATION IS NOT A CONDITION FOR RECEIVING ANY TREATMENT, PAYMENT, OR BENEFIT AND YOU UNDERSTAND THAT YOUR REFUSING TO AGREE TO THE TERMS OF THIS AGREEMENT, INCLUDING THIS AUTHORIZATION, WILL NOT AFFECT ANY TREATMENT, PAYMENT, OR BENEFIT FOR WHICH YOU MAY BE ELIGIBLE. HOWEVER, YOU ACKNOWLEDGE AND UNDERSTAND THAT IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS OF THIS AGREEMENT, YOU WILL NOT BE PROVIDED WITH ACCESS TO THE PATIENT SIGN-IN OR SERVICES AS DESCRIBED HEREIN.
9. THE SOFTWARE IS NOT FOR MEDICAL EMERGENCIES. ALWAYS SEEK THE ADVICE OF YOUR PHYSICIAN OR OTHER QUALIFIED HEALTH PROVIDER, DIRECTLY AND NOT THROUGH OUR SOFTWARE, WITH ANY QUESTIONS YOU MAY HAVE REGARDING A MEDICAL CONDITION.
CHANGES TO THIS AGREEMENT
10. This Agreement applies to all Purchase or installation of the Software after the Effective Date above, and use of any copy of the Software downloaded or installed after the Effective Date above. Anchor Software Solutions may make changes to this Agreement from time to time by posting a copy of the updated Agreement at https://www.anchorsoftwaresolutions.com/SignIn/EULA. Changes to this Agreement will be applicable upon downloading or installation of the Software after the effective date of the changes. If you do not agree with any changes to this Agreement, your sole remedy is not to download or install the Software after the effective date of the changes.
11. Anchor Software Solutions also may make changes to these Terms as provided therein. Such changes will apply to your use of the Software to access Services and Content after the effective date of the changes. If you do not agree with any such changes, your sole remedy is to discontinue use of the Software to access the relevant Services and Content. If you continue to use the Software to access Services and Content after the effective date of the changes, you accept all changes.
GRANT OF LICENSE
12. Subject to the terms and conditions of this Agreement, The software Patient Sign-In is for use of one installation per Medical provider. The software is designed to be installed and used locally on private server/computers, not through cloud or any remote services.
13. Title and Ownership: We retain all rights, title, and interest in and to the Software and its documentation and in all related copyrights, trade secrets, patents, trademarks, and any other intellectual and industrial property and proprietary rights, including registrations, Software, renewals, and extensions of such rights. You may not remove any titles, trademarks or trade names, copyright notices, legends, or other proprietary markings in the Product and its documentation. You are not granted any rights to any of our trademarks or service marks. We retain all rights not expressly granted to you in these terms.
14. You acknowledge and agree that Anchor Software Solutions has all right, title, and interest in and to the Software and all intellectual property rights associated with the Software. The Software is protected by the copyright laws of United State of America, international treaties and conventions, and other laws. Except as expressly stated herein, you have no intellectual property rights in the Software (including without limitation any rights to use the trademarks, trade names, service marks, logos, domain names, and other distinctive brand features), and Anchor Software Solutions reserves all rights not expressly granted to you. You must comply with all laws when using the Software as well as all applicable copyright, trademark or other legal notices or restrictions.
SOFTWARE USE RESTRICTIONS
15. You shall not sublicense, distribute, hypothecate, lease, loan or otherwise convey the Software or the content made available through the Software (“Content”) or any portion thereof to anyone, and under no circumstance may you use or allow the use of the Software in any manner other than as expressly set forth above. You shall not modify the Software, incorporate the Software in whole or in part in any other product or create derivative works based on all or part of the Software. You shall not remove any copyright, trademark, proprietary rights, disclaimer or warning notice included on or embedded in any part of the Software. You shall not use the Software in connection with a service bureau, time sharing or fee-for- service arrangement with third parties. Except to the extent permitted by applicable local law, you shall not reverse assemble, decompile or disassemble or otherwise reverse engineer any portion of the Software. If you dispose of any media embodying Software or Content, you will ensure that you have completely erased or otherwise destroyed any Software and Content stored on such media.
16. THE SOFTWARE IS NOT INTENDED FOR USE IN ANY SITUATION IN WHICH THE FAILURE OF THE SOFTWARE COULD LEAD TO DEATH OR BODILY INJURY OF ANY TYPE. YOU ARE SOLELY RESPONSIBLE FOR USING THE SOFTWARE IN A MANNER CONSISTENT WITH ALL APPLICABLE INTERNATIONAL, REGIONAL, FEDERAL, NATIONAL, STATE, AND LOCAL LAWS (“APPLICABLE LAWS AND REGULATIONS”).
17. Except as expressly provided for herein, you may not, and may not enable others to:
i. Create, design or develop anything other than the Content;
ii. Reverse engineer, reverse compile, or otherwise attempt to reconstruct, identify or discover any source code, underlying ideas, techniques, or algorithms in the Patient Sign-In or the Company’s current or future products and services (collectively, the “Company Products”), except as and only to the extent any foregoing restriction is prohibited by applicable law or permitted by applicable law notwithstanding the foregoing restriction, or to the extent as may be permitted by licensing terms governing use of any open source software components included within the Software;
iii. Distribute, sell, lease, rent, lend, offer on a service bureau basis or sublicense any part of the Patient Sign-In Software to any third party except as expressly provided herein and as necessary to distribute the Content;
iv. Remove, obscure, or alter any proprietary rights or confidentiality notices within the Software or any software, documentation or other materials in it or supplied with it;
v. Create any software that prevents or degrades the interaction of Software developed by others with the Software or the Company Products; or
vi. Use the Patient Sign-In Software to create, develop or use any program or software which:
vii. Contains any viruses, Trojan horses, worms, time bombs, cancel bots or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information;
viii. Limit the functionality of any software or hardware; or
ix. When used in the manner in which it is intended, violates any material law, statute, ordinance or regulation (including without limitation the laws and regulations governing export control, unfair competition, anti-discrimination or false advertising).
18. You may use the Patient Sign-In Software solely in connection with the intended uses set forth herein. We may review your conduct for compliance with these Terms and other policies, and may suspend or delete your account on a reasonable suspicion that a violation has occurred or may occur based on your use of these Services. In the event that users comes across other users that violate this terms, please do not hesitate to inform the administrators via support.
USE OF THE SOFTWARE
20. The Software may allow you to access and interoperate with, third party properties, software, and data services (collectively, "Third Party Properties") like PayPal, YouTube, Facebook, and social media. Anchor Software Solutions does not control any Third Party Properties to which you may connect using the Software and is not responsible for the practices of any third party. You acknowledge and agree that Anchor Software Solutions is not liable for any loss or damage which may be incurred by you as a result of any reliance placed by you on the completeness, accuracy, or existence of any advertising, products, or other materials on or available from Third Party Properties. You acknowledge that the Software may check for updates to the Software that may be available to you.
21. The Software and Content may contain typographical errors, other inadvertent errors or inaccuracies. We reserve the right to make changes to the Software, document names, Content, descriptions or specifications of products or Services, or other information without obligation to issue any notice of such changes.
22. You may view, copy, download, and print Content that is available through the Software, subject to the following conditions:
i. The Content may be used solely for your personal informational purposes. No part of this Software or its Content may be reproduced or transmitted in any form, by any means, electronic or mechanical, including photocopying and recording for any other purpose.
ii. The Content may not be modified.
iii. Copyright, trademark, and other proprietary notices may not be removed.
25. Anchor Software Solutions do not warrant that the Software will be compatible or interoperable with your Desktop/Laptop Computer (device) or any other piece of hardware, Software, equipment or device installed on or used in connection with your Device. Furthermore, You acknowledge that compatibility and interoperability problems can cause the performance of your Device to diminish or fail completely, and may result in permanent damage to Your Device, loss of the data located on Your Device, and Corruption of the Software and files located on Your Device, You acknowledge and agree that we and our affiliates, partners, suppliers and licensors shall have no liability to You for any losses suffered resulting from or arising in connection with compatibility or interoperability problems.
26. Anchor Software Solutions will not collect any Protected Health Information (PHI) from Patients. However, the Health Service provider/Clinics that uses this software may collects PHI like Name, Date of Birth, etc. from its patient using the software.
27. It is the sole responsibility of the health service providers/Clinics that use this software to keep their computer systems and databases secure and up to date in-order to deter any form of breach in the security of their computer system and database and any loss of PHI. Applicable Laws and Regulations require that PHI Collectors protect the privacy of Personal Data collected. Therefore, it is the responsibility of the health service providers/Clinics uses diverse technology to ensure the privacy of all Personal Data collected through the Software as part of the Services provided herein.
28. You agree to maintain the confidentiality of any proprietary information received by you during, or prior to entering into, this Agreement, including, without limitation, the Software, that you should know is confidential or proprietary based on the circumstances surrounding the disclosure, including, without limitation, non-public technical and business information (“Confidential Information”) for a period of five (5) years after the termination of this Agreement. This section shall not apply to any publicly available or independently developed information. You agree not to use said Confidential Information for any purpose except as necessary to fulfill your obligations and exercise your rights under this Agreement. You shall protect the secrecy of and avoid disclosure and unauthorized use of the Company's Confidential Information to the same degree that you take to protect your own confidential information and in no event less than reasonable care.
29. Notwithstanding any other provisions of this Agreement, Anchor Software Solutions will be free to use for any purpose (including but not limited to use in the development, manufacture, marketing and maintenance of the Company Products and Services) the Residuals (as defined below) resulting from access to or work with your Confidential Information; provided that Company maintains the confidentiality of the Confidential Information as provided herein. The term “Residual” shall mean information in non-tangible form that is retained in the unaided memory by persons who have had rightful access to the Confidential Information, including without limitation, the ideas, concepts, know-how or techniques contained therein. Company will have no obligation to limit or restrict the work assignments of any of its employees, consultants, and contractors who are provided access to the Confidential Information.
30. ANCHOR SOFTWARE SOLUTIONS DOES NOT WARRANT: (1) THAT THE SOFTWARE'S FUNCTIONS OR ANY SERVICES OR CONTENT WILL BE UNINTERRUPTED OR FREE OF ERRORS OR OMISSIONS; (2) THAT DEFECTS WILL BE CORRECTED; (3) THAT THE SOFTWARE OR THE SERVERS HOSTING CONTENT ARE FREE OF VIRUSES OR OTHER HARMFUL CODE; OR (4) THAT THE SOFTWARE OR SERVICES OR CONTENT AVAILABLE THROUGH THE SOFTWARE WILL CONTINUE TO BE AVAILABLE. ANCHOR SOFTWARE SOLUTIONS SHALL HAVE NO LIABILITY FOR ANY SUCH ISSUES. ANCHOR SOFTWARE SOLUTIONS AND THE DISTRIBUTION CHANNEL DISCLAIM ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, NONINFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUALITY, AVAILABILITY AND AS TO SUBJECT MATTER OF CONTENT. THE SOFTWARE, SERVICES AND CONTENT ARE PROVIDED "AS IS," "AS AVAILABLE," AND "WITH ALL FAULTS."
31. YOUR ACCESS TO AND USE OF THE SOFTWARE IS AT YOUR RISK. IF YOU ARE DISSATISFIED WITH THE SOFTWARE OR ANY OF THE SERVICES OR CONTENT AVAILABLE THROUGH THE SOFTWARE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE ACCESSING AND USING THE SOFTWARE.
32. The Distribution Channel will not be responsible for addressing any claims by you or any third party relating to the Software or your possession and/or use of the Software, including: (i.) service liability claims; (ii.) any claim that the Software fails to conform to any applicable legal or regulatory requirement; and (iii.) claims arising under consumer protection or similar legislation. If you have any questions on those issues, you should contact us at the address below. The Distribution Channel will also not be responsible for investigation, defense, settlement and discharge of any third party intellectual property infringement claim.
LIMITATION OF LIABILITY/RELEASE OF CLAIMS
33. ANCHOR SOFTWARE SOLUTIONS WILL NOT BE HELD LIABLE FOR ANY FAILURE OR DELAY IN THEIR PERFORMANCE DUE TO ANY CAUSE BEYOND THEIR REASONABLE CONTROL, INCLUDING ACTS OF WAR, ACTS OF GOD, ACTS OF THIRD PARTY SERVICE PROVIDERS, EARTHQUAKE, FLOOD, EMBARGO, RIOT, SABOTAGE, LABOR SHORTAGE OR DISPUTE, GOVERNMENTAL ACT, POWER FAILURE OR FAILURE OF THE INTERNET OR COMPUTER EQUIPMENT.
34. ANCHOR SOFTWARE SOLUTIONS WILL NOT BE LIABLE TO YOU OR ANYONE ELSE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES IN CONNECTION WITH THE SOFTWARE (INCLUDING THE SERVICES AND CONTENT AVAILABLE THROUGH THE SOFTWARE) OR THIS AGREEMENT, EVEN IF FORESEEABLE OR EVEN
35. IF ANCHOR SOFTWARE SOLUTIONS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES (INCLUDING, WITHOUT LIMITATION, WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, GROSS NEGLIGENCE, OR OTHERWISE, BUT EXCLUDING WILLFUL MISCONDUCT). IN NO EVENT WILL ANCHOR SOFTWARE SOLUTION’S LIABILITY FOR OTHER DAMAGES EXCEEDS THE AMOUNT PAID BY YOU TO ACQUIRE THE SOFTWARE. THE FOREGOING LIMITATIONS WILL APPLY EVEN IF ANY STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
36. YOU ACKNOWLEDGE AND AGREE THAT IF YOU INCUR ANY DAMAGES THAT ARISE OUT OF ANCHOR SOFTWARE SOLUTIONS' ACTS OR OMISSIONS, THE DAMAGES, IF ANY, ARE NOT IRREPARABLE AND ARE NOT SUFFICIENT TO ENTITLE YOU TO AN INJUNCTION OR OTHER EQUITABLE RELIEF RESTRICTING EXPLOITATION OF ANY WEBSITE, PROPERTY, PRODUCT, PROGRAM, TELEVISION SHOW, DOCUMENTARY, OR OTHER AUDIO/VISUAL CONTENT OWNED, CONTROLLED, OR DISTRIBUTED BY ANCHOR SOFTWARE SOLUTIONS, INCLUDING WITHOUT LIMITATION THE SOFTWARE.
37. You will indemnify, defend, and hold Anchor Software Solutions and all of its officers, directors, owners, employees, agents, information providers, service providers, vendors, contractors, affiliates, partners, and licensors (collectively, the "Anchor Software Solutions Parties") harmless from and against any and all liability, losses, costs, and expenses (including attorneys' fees) incurred by any of the Anchor Software Solutions Parties in connection with any claim, including, but not limited to, claims for defamation, violation of rights of publicity or privacy, copyright infringement, or trademark infringement arising out of: your use of the Software; any use or alleged use of your account or your passwords by any person, whether or not authorized by you; your connection to Anchor Software Solutions’ or its vendors' servers; your violation of this Agreement; or your violation of the rights of any other person or entity. Anchor Software Solutions reserves the right, at its own expense, to assume the exclusive defense and control of any matter for which you are required to indemnify Anchor Software Solutions, and you will cooperate with Anchor Software Solutions’ defense of these claims.
38. This Agreement is effective until terminated. You may terminate this Agreement at any time by: (i.) irretrievably erasing, deleting, or destroying all copies of the Software in your possession or control; and (ii.) ceasing to use the Services and Content available through the Software. Anchor Software Solutions may terminate this Agreement at any time for any reason or no reason. Upon termination for any reason, the license granted above will immediately terminate. The provisions in sections above will survive any termination.
ENFORCEMENT OF TERMS; EFFECT OF TERMINATION
39. If you fail to fulfill any of your obligations under this Agreement, and this Agreement terminates, Anchor Software Solutions and/or its licensors may pursue all legal remedies available to them. You agree that Anchor Software Solutions’s licensors referenced in the Software are third- party beneficiaries of this Agreement, and may enforce this Agreement as it relates to their intellectual property. Sections of this Agreement, which by their nature survive expiration, or termination of this Agreement shall survive according to their terms. Upon termination, you shall promptly uninstall and remove the Software from the mobile device on which it was installed.
40. During the term of this Agreement and for a period of one year thereafter, Anchor Software Solutions may, during normal business hours and upon reasonable prior notice to End User, inspect the files, processors, equipment and facilities of End User to verify End User's compliance with this EULA. In the event that any abusive user is found on the Anchor Software Solutions, we shall terminate immediately with 24 hours all contents in form posts and shares, and shall remove and eject user from using the Software.
US GOVERNMENT USERS
41. Pursuant to the policy stated at 48 CFR 227.7202-1, U.S. Government users acknowledge that (i.) the Software is commercial computer software, (ii.) this Agreement embodies the licenses customarily used by Anchor Software Solutions for licenses in Software granted to the public, and (iii.) the licenses set forth herein shall apply to all possession, use and duplication of the Software by the U.S. Government, except to the extent which such licenses are inconsistent with Federal procurement law. The Contractor/manufacturer is Anchor Software Solutions.
ACCESS BY MINORS
GOVERNING LAW, VENUE, AND JURISDICTION
43. This Agreement and all claims arising from or related to your use of the Software will be governed by and construed in accordance with the laws of the East Brunswick, New Jersey, USA. This Agreement and the Software will not be governed by the United Nations Convention on Contracts for the International Sale of Goods, if applicable.
44. With respect to any disputes or claims not subject to arbitration (as set forth below), you agree to exclusive jurisdiction in the state and federal courts in East Brunswick, New Jersey, USA. Notwithstanding any other provision of this Agreement, we may seek injunctive or other equitable relief from any court of competent jurisdiction.
45. Regardless of any statute or law to the contrary, you must file any claim or action related to use of the Software or this Agreement within one year after such claim or action accrued. Otherwise, you will waive the claim or action.
46. You may not download, export, or re-export the Patient Sign-In Software: (1.) into, or to a national or resident of, Cuba, Iraq, Libya, North Korea, Iran, Syria or any other country to which the United States has embargoed goods, or (2.) to anyone on the United States Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By downloading or using the Patient Sign-In Software, you are representing and warranting that you are not located in, under the control of, or a national or resident of any such country or on any such list.
47. The User may not assign or try to assign or sublicense or otherwise deal with any of the rights and obligations under this EULA. We shall be entitled to freely assign, at any time and without the User’s prior consent, any or all of its rights and obligations under this EULA to any third party at its discretion whether or not as part of the transfer of all or a substantial part of its business. We will notify the User of any such assignment within one (1) month after such assignment becomes effective. The EULA will be binding on, and inure to the benefit of, our successors and/or assigns.
48. Our failure to exercise or enforce any of our rights under this EULA is not to be taken as or deemed to be a waiver of that right.
49. If any provision of this Agreement is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.
50. This Agreement constitutes the entire agreement between the parties with respect to its subject matter and supersedes any prior oral or written agreements, provided, however, that this Agreement will coexist with the Anchor Software Solutions’s Terms and any Additional Terms. To the extent that the provisions of this Agreement conflict with the Anchor Software Solutions Terms, this Agreement will govern. We may be required by state or federal law to notify you of certain events. You hereby acknowledge and agree that such notices will be effective upon our posting them on our site or delivering them to you via email, if you have provided it to us. If you do not provide us with accurate information or we do not have access to your email address, we will not be responsible for failure to notify you. If any part of this Agreement is determined to be invalid or unenforceable under applicable law, that provision will be removed, and the remainder of the Agreement will continue to be valid and enforceable, except as expressly stated. Our failure to exercise or enforce any right or provision in this Agreement will not constitute a waiver of such right or provision. Except as otherwise required by law, the controlling language of this Agreement is English. This Agreement will be binding upon, will inure to the benefit of the parties, their successors, and permitted assigns.
END USER ACKNOWLEDGEMENT
51. The User acknowledges to have read and understood this EULA and agrees to be bound by its terms. The express terms of the EULA are in lieu of all implied warranties of merchantability, conditions, terms, undertakings and obligations implied by statute, common law, custom, trade usage, course of dealing or otherwise, all of which are hereby excluded to the fullest extent permitted by law.
Should you have any questions concerning this User License Agreement, or if you desire to contact us for any reason, please direct all correspondence to:
Customer Service Department
Anchor Software Solutions
You hereby acknowledge that you have read and understood this Agreement and agree that by clicking "Accept" or by installing, copying, or using the Software you are acknowledging your agreement to be bound by this Agreement.
Last Updated, October 2019.