Knowledgebase: Archives
My Vision Express 10.0 License Agreement
Posted by James Arado on 04 Aug 2011 04:24 PM

License Agreement

For the purposes of this agreement, "you” and “your” refers to the person or company being licensed to use the Software or Documentation. “We”, “us”, “our” and “Licensor” refers to Insight Software, LLC.

IMPORTANT NOTICE: Read this License Agreement (“Agreement”) carefully before using My Vision Express (herein referred to as the “Software”). You may Use the Software in accordance with the following terms and conditions. By downloading and/or using My Vision Express, or any of the applications, services, programs, installers, utilities, contained files, databases, integrated third-party products, or by using any services offered by Insight Software, LLC. , you agree that you have read, understood, and will abide by, all terms of this Agreement. We recommend you read this Agreement completely as you are agreeing to its terms when you download, install, or use any portion of the Software or related My Vision Express services. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS, YOU MAY NOT USE THE SOFTWARE.

YOU AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT BY CHECKING THE “I accept the terms” CHECKBOX AND CLICKING THE Next BUTTON IN THE INSTALLATION WIZARD OR BY OTHERWISE INSTALLING, COPYING OR USING THE SOFTWARE. IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT THEN DO NOT INSTALL, COPY OR USE THE SOFTWARE.

 

SOFTWARE PRODUCT LICENSE

The Software is protected by intellectual property laws and treaties. The Software is licensed and not sold.

EVALUATION SOFTWARE: For Evaluation Software the clauses in “Section A” apply.

LICENSED CLIENT/SERVER SOFTWARE: For Licensed Client/Server Software (whether that be through the application of a license key to an Evaluation version of the product or by the direct purchase of a licensed product), the clauses in “Sections A and B” apply.

LICENSED HOSTED SOFTWARE: For Licensed Hosted Software (whether that be through the application of a license to an Evaluation version of the product or by the direct purchase of a licensed product), the clauses in “Sections A and C” apply.

 

A. GENERAL TERMS AND CONDITIONS

1. EVALUATION

My Vision Express software and services are intended for members of the Optical, Optometric, and Ophthalmologic community and their employed staff only. Persons not intending to evaluate My Vision Express for use in their business (e.g., Patients, LAY PUBLIC, Attorneys, insurance companies, competitors or any of their agents) must first receive written permission from Insight Software, LLC. and pay an upfront license fee of 10 times the then stated license fee for the Software. FOR THESE PERSONS, NO TRIAL PERIOD IS PERMITTED AND LICENSING IS ONLY PROVIDED AFTER PAYMENT IS RECEIVED AND BACKGROUND VERIFICATION IS COMPLETED. Non-authorized persons who download the Software or use it before receiving a written license and authority from Insight Software, LLC AND paying the aforementioned license fee will be subject to legal liability and will be prosecuted to the full extent of the law.

You may install the Software on your computer system and use the Software solely to evaluate and test the Software pursuant to the terms of this Agreement during the evaluation period. You may not use the Software for commercial purposes or sell, or otherwise transfer it for value. You will not otherwise use or copy, translate, modify, adapt, decompile, disassemble or reverse engineer the Software. During evaluation, portions of the full use version of the Software may be withheld or unusable and use of the Software requires accessing portions of the Software remotely through the Internet. Full use of the Software may be restricted by technological protections. You agree not to use the Software in violation of any law, statute, ordinance or other regulation (including export control and unfair competition laws) or any obligation to which you are bound. You agree to comply with all applicable laws and regulations regarding your use of the Software. You agree to indemnify Insight Software, LLC from and against any liability that Insight Software, LLC may incur arising from your use of the Software.

This is not free software. Subject to the terms below, you are hereby authorized by Insight Software, LLC to use this software for evaluation purposes without charge for a period of 30 days. If you wish to use the Software beyond the initial trial period, you agree to pay the currently stated license fees. All Fees are non-refundable.

Upon payment, you will receive a License Key that must be entered into the Software to allow it to continue to operate. Visit http://www.myvisionexpress.com website for complete details on how to order.

Unregistered use of My Vision Express software after the 30 day evaluation period is in violation of License Agreement and U.S. and international copyright laws.

2. REQUIRED ACTIVATION

By using the License Key to activate the Software, you acknowledge that you have evaluated this software and understand the features and limitation that it offers. There are technological measures in this Software that are designed to prevent unlicensed or illegal use of the Software. You agree that Insight Software, LLC may use these measures to protect Insight Software, LLC against software piracy. This Software may contain enforcement technology that limits the ability to install and uninstall the Software on a computer to not more than a finite number of times for a finite number of computers. This License and the Software containing enforcement technology require activation as further set forth in the documentation. The Software will only operate for a finite period of time prior to Software activation by you. During activation, you will provide your unique product key accompanying the Software in the form of an alphanumeric code over the Internet to verify the authenticity of the Software. If you do not complete the activation within the finite period of time set forth in the documentation, or as prompted by the Software, the Software will cease to function until activation is completed. The Software will be activated periodically over the Internet, so an active Internet connection is required for this process.

3. OWNERSHIP

All patents, copyrights, trade secrets and other proprietary rights in or related to the Software are and will remain the exclusive property of Insight Software, LLC, whether or not specifically recognized or perfected under the laws of the country where the Software is located. You hereby assign and agree to assign any and all rights you may have or acquire in or to the Software to Insight Software, LLC for no additional consideration. You will not take any action that jeopardizes Insight Software, LLC's or its licensors' proprietary rights or acquire any rights in the Software, except the limited evaluative right specified in Subsection A1. Insight Software, LLC or its designee will own all rights in any copy, translation, modification, adaptation or derivation of the Software, including any improvement or development thereof. At Insight Software, LLC's request, you will execute or obtain the execution of any instrument that may be appropriate to assign these rights to Insight Software, LLC or its designee or to perfect these rights in Insight Software, LLC's or its designee's name.

You are prohibited from selling, leasing, or licensing the Software or any portion thereof to any unauthorized party, or using it to process the work of any other party. You are prohibited from creating derivative works based on the Software without written permission from Insight Software, LLC. You are prohibited from disassembling or reverse engineering the Software, or removing any copyright notice from it. You may only make copies of the Software for backup or archival purposes. It is your responsibility to ensure that anyone who has authorized access to the Software complies with the provisions of this Agreement.

4. CONFIDENTIALITY

(a)  Confidentiality. You acknowledge that the Software is and incorporates confidential and proprietary information developed, acquired by or licensed to Insight Software, LLC. You will take all reasonable precautions necessary to safeguard the confidentiality of the Software, and will not disclose any information about the Software or the Software evaluations or reports to any other person without Insight Software, LLC's prior written permission. You will not allow the removal or defacement of any confidentiality or proprietary notice placed on the Software. The placement of a copyright notice on the Software will not constitute publication or otherwise impair its confidential nature.

(b)  Unauthorized Use or Disclosure. You acknowledge that any unauthorized use or disclosure of the Software will cause irreparable harm to Insight Software, LLC and its licensors. If an unauthorized use or disclosure occurs, you will take all steps that are necessary to recover the Software and to prevent its subsequent unauthorized use or dissemination.

(c)  Limitation. You will have no confidentiality obligation with respect to any portion of the Software that (i) You lawfully obtained from a third party under no obligation of confidentiality or (ii) became available to the public other than as a result of Your act or omission.

(d)  The Licensed Software is a commercially valuable proprietary product of the Licensor, the design and development of which reflect the efforts of skilled development experts and the investment of considerable time and money. The Licensed Software is treated by the Licensor as confidential and contains significant trade secrets of the Licensor, which the Licensor claims all rights and benefits afforded under federal copyright law and international copyright treaties in all software programs and user materials that constitute the Licensed Software, and in all documentation related thereto, as unpublished works.

(e)  You may not disclose the Licensed Software to any person who:

a.   Does not have a legitimate business reason to have access thereto; and

b.   Is not legally bound to maintain the confidential nature of such materials as required by the terms of this agreement.

(f)   Your obligations hereunder shall remain in effect for as long as you continue to possess or use the Licensed program or any related trade secrets. You acknowledge that if you breach any of the foregoing provisions, the Licensor will not have an adequate remedy in money or damages, and the Licensor shall therefore be entitled to obtain an injunction against such breach. The Licensor’s right to obtain injunctive or other equitable relief shall not limit its right to seek further remedies.

The Software contains trade secrets and proprietary know-how that belong to Insight Software, LLC and it is being made available to you in strict confidence. ANY USE OR DISCLOSURE OF THE SOFTWARE, OR OF ITS ALGORITHMS, PROTOCOLS OR INTERFACES, OTHER THAN IN STRICT ACCORDANCE WITH THIS LICENSE AGREEMENT, MAY BE ACTIONABLE AS A VIOLATION OF OUR TRADE SECRET RIGHTS.

5. HIPAA REQUIREMENTS

Insight Software, LLC. will use its reasonable efforts to comply with the Health Insurance Portability and Accountability Act of 1996, as codified at 42 U.S.C. 1320d (“HIPAA”) and any current and future regulations promulgated there under including without limitation the federal privacy regulations contained in 45 C.F.R. Parts 160 and 164 (the “Federal Security Regulations”), the federal security standards contained in 45 C.F.R. Part 142 (“Federal Security Regulations”) and the federal standards for electronic transactions contained in 45 C.F.R. Parts 160 and 162, all collectively referred to herein as “HIPAA requirements”. Insight Software, LLC agrees not to use or further disclose any Protected Health Information (as defined in 45 C.F.R. Section 164.501) or Individually Identifiable Health Information (as defined in 42 U.S.C. Section 1320d) other than as permitted by HIPAA Requirements and terms of this Agreement. Insight Software, LLC. Will make its internal practices, books, and records relating to the use and disclosure of Protected Health Information available to the Secretary of Health and Human Services to the extent required for determining compliance with the Federal Privacy Regulations.

6. DISCLAIMER OF WARRANTY

YOU ACKNOWLEDGE AND AGREE THAT THE SOFTWARE IS PROVIDED “AS IS” AND WITHOUT WARRANTY OF ANY KIND. ALL WARRANTIES, CONDITIONS, REPRESENTATIONS, INDEMNITIES AND GUARANTEES WITH RESPECT TO THE SOFTWARE, WHETHER EXPRESS OR IMPLIED, ARISING BY LAW, CUSTOM, PRIOR ORAL OR WRITTEN STATEMENTS BY INSIGHT SOFTWARE, LLC OR OTHERWISE (INCLUDING, BUT NOT LIMITED TO ANY WARRANTY OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT) ARE HEREBY OVERRIDDEN, EXCLUDED AND DISCLAIMED.

INSIGHT SOFTWARE, LLC DISCLAIMS ALL OTHER WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT, ACCURACY OF INFORMATIONAL CONTENT, FITNESS FOR A PARTICULAR PURPOSE, AND CONDITIONS OF MERCHANTABLE QUALITY, WHETHER ARISING BY STATUTE OR IN LAW OR AS A RESULT OF A COURSE OF DEALING OR USAGE OF TRADE, WITH RESPECT TO THE PROGRAM, DOCUMENTATION, SUPPORT OR OTHER SERVICES RELATED TO THE PROGRAM. NO WARRANTY IS MADE REGARDING THE RESULTS TO BE OBTAINED FROM ANY PROGRAM OR SERVICES, THAT THE PROGRAM WILL BE ERROR FREE, THAT ALL ERRORS IN THE PROGRAM WILL BE CORRECTED, OR THAT THE PROGRAM’S FUNCTIONALITY WILL MEET YOUR REQUIREMENTS. YOU ACKNOWLEDGE YOUR RESPONSIBILITY TO (a) REGULARLY BACK UP DATA, AND (b) ADEQUATELY TEST PROGRAM PRIOR TO DEPLOYMENT.

YOU ARE SPECIFICALLY PROHIBITED FROM CHARGING, OR REQUESTING DONATIONS, FOR ANY COPIES, HOWEVER MADE, AND FROM DISTRIBUTING SUCH COPIES WITH OTHER PRODUCTS OF ANY KIND, COMMERCIAL OR OTHERWISE, WITHOUT PRIOR WRITTEN PERMISSION FROM INSIGHT SOFTWARE, LLC.

THIS SOFTWARE, AND ALL ACCOMPANYING FILES, DATA AND MATERIALS, ARE DISTRIBUTED “AS IS” AND WITH NO WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. YOU ASSUME ALL RISKS OF USE. NO WARRANTY IS GIVEN THAT THE PROGRAM OR SERVICE WILL BE ERROR-FREE, OR THAT IT WILL NOT ADVERSELY AFFECT YOUR COMPUTER OR OTHER PROGRAMS ON YOUR COMPUTER. INSIGHT SOFTWARE, LLC DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE PROGRAM OR SERVICES WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE PROGRAMS OR SERVICES WILL BE UNINTERRUPTED.

THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THE AGREEMENT. IN NO EVENT SHALL INSIGHT SOFTWARE, LLC, OR ITS PRINCIPALS, SHAREHOLDERS, OFFICERS, EMPLOYEES, AFFILIATES, CONTRACTORS, SUBSIDIARIES, OR PARENT ORGANIZATIONS, BE LIABLE FOR ANY INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES WHATSOEVER RELATING TO THE USE OF THE SOFTWARE, OR YOUR RELATIONSHIP WITH INSIGHT SOFTWARE, LLC.

IN NO EVENT SHALL THE LICENSOR’S LIABILITY FOR ANY CLAIM ARISING IN CONNECTION WITH THIS AGREEMENT EXCEED THE TOTAL FEES AND CHARGES PAID TO THE LICENSOR BY YOU WITHIN THE LAST TWELVE (12) MONTHS.

7. DISCLAIMER OF DAMAGES

UNDER NO CIRCUMSTANCES WILL INSIGHT SOFTWARE, LLC, ITS LICENSORS OR THEIR RELATED COMPANIES BE LIABLE TO YOU FOR ANY DIRECT, CONSEQUENTIAL, INDIRECT OR SPECIAL, PUNITIVE OR INCIDENTAL DAMAGES, WHETHER FORESEEABLE OR UNFORESEEABLE, BASED ON YOUR CLAIMS OR THE CLAIMS OF ANY THIRD PARTY, WHETHER BASED ON THIS AGREEMENT, ANY COMMITMENT PERFORMED OR UNDERTAKEN UNDER ON OR IN CONNECTION WITH THIS AGREEMENT OR OTHERWISE.

INSIGHT SOFTWARE, LLC LICENSORS SHALL NOT BE LIABLE FOR DIRECT DAMAGES. NIETHER INSIGHT SOFTWARE, LLC, NOR ANY OF ITS LICENSORS SHALL BE LIABLE FOR ANY LOSS OR INACCURACY OF DATA, LOSS OF PROFITS, OR OTHER INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, WHETHER BASED ON CONTRACT, TORT OR OTHER LEGAL THEORY, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. INSIGHT SOFTWARE, LLC’S TOTAL LIABILITY, IF ANY, ARISING OUT OF THIS AGREEMENT OR YOUR USE OF THE PROGRAM OR RELATED SERVICES SHALL NOT EXCEED THE LICENSE OR SERVICE FEES PAID FOR THE PROGRAM OR SERVICES GIVING RISE TO THE CLAIM. THE FOREGOING RESTRICTIONS, DISCLAIMERS AND LIMITATIONS SHALL REMAIN IN FORCE EVEN IN THE EVENT OF A FUNDAMENTAL BREACH BY INSIGHT SOFTWARE, LLC OR A BREACH BY INSIGHT SOFTWARE, LLC OF A CONDITION OR FUNDAMENTAL TERM HEREUNDER. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF CERTAIN DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.

IN ADDITION, IN NO EVENT DOES INSIGHT SOFTWARE, LLC AUTHORIZE YOU TO USE THE SOFTWARE IN APPLICATIONS OR SYSTEMS WHERE MY VISION EXPRESS'S FAILURE TO PERFORM CAN REASONABLY BE EXPECTED TO RESULT IN A SIGNIFICANT PHYSICAL INJURY, OR IN LOSS OF LIFE. ANY SUCH USE BY YOU IS ENTIRELY AT YOUR OWN RISK, AND YOU AGREE TO HOLD INSIGHT SOFTWARE, LLC HARMLESS FROM ANY CLAIMS OR LOSSES RELATING TO SUCH UNAUTHORIZED USE.

8. U.S. EXPORT RESTRICTIONS

You acknowledge that the Software contains 128-bit, and higher, encryption algorithms and may be subject to restrictions and controls imposed under the export control laws and regulations of the jurisdiction in which you are using the Software and may not be exported, acquired, shipped, transferred or re-exported, directly or indirectly, to (i) any country or region prohibited under such laws and regulations or (ii) any end user who has been prohibited from participating in the export transaction under such laws or regulations. In particular, the Software is subject to regulations respecting export permits and prohibitions on export under the laws of the United States.

You agree that the Software will not be shipped, transferred or exported into any country or used in any manner prohibited by the United States Export Administration Act or any other export laws, restrictions or regulations.

9. RESTRICTED RIGHTS.

The Software is provided with restricted rights. Use, duplication or disclosure by the government is subject to restrictions as set forth in subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer Software clause at DFARS 252.227-7013 or subparagraphs (c)(1) and (2) of the Commercial Computer Software-Restricted Rights at 48 CFR 52.227-19, as applicable. Manufacturer is Insight Software, LLC: 3050 Universal Boulevard Suite 120, Weston, Florida 33331.

10. USE OF THIRD PARTY SOFTWARE.

INCLUDED THIRD PARTY SOFTWARE IS PROVIDED “AS IS", WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. IN NO EVENT SHALL THE AUTHORS OR COPYRIGHT HOLDERS BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER LIABILITY, WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING FROM, OUT OF OR IN CONNECTION WITH THE SOFTWARE OR THE USE OR OTHER DEALINGS IN THE SOFTWARE.

11. HIGH RISK ACTIVITIES

The Software is not fault-tolerant and is not designed, manufactured or intended for use or resale in the on-line control of nuclear facilities, aircraft navigation or communication systems, air traffic control, direct life support machines, or weapon systems, in which the failure of the Software could lead directly to death, personal injury, or severe physical or environmental damage, and Insight Software, LLC and its suppliers specifically disclaim any express or implied warranty of fitness for such purposes.

12. MISCELLANEOUS

This written license agreement is the exclusive agreement between you and us concerning the Software and Documentation and supersedes any prior purchase order, communication, advertising or representation concerning the Software.

This license agreement may be modified only by a writing signed by you and us.

You and Insight Software, LLC are independent parties. Nothing in this Agreement shall be construed as making you an employee, agent or legal representative of Insight Software, LLC. This Agreement may be terminated by Insight Software, LLC at any time upon notice to you and will automatically terminate upon the earlier of the completion of your evaluation of the Software or the evaluation period. Upon termination, you agree to promptly de-install and delete all copies of the Software in your possession and discontinue any further use of the Software. The parties' rights and obligations under Subsections A2, A3, A4, A5, A6 and A9 will survive the termination of this Agreement.

If you violate any terms of this Agreement, Insight Software, LLC may immediately terminate your license to the Software and any services provided by Insight Software, LLC, or third-party providers. In the event of termination, you must immediately cease all use of the Software and remove all files and data for the Software from your systems. All fees are non-refundable.

This Agreement is non-transferable, non-exclusive, and for the sole purpose of internal use by you, the licensee.

This Agreement will be governed by the laws of the State of Florida, excluding its conflict of law principles. You hereby consent to the exclusive jurisdiction of the courts in and for Florida for the resolution of any dispute arising out of or related to this Agreement. Any action by you against Insight Software, LLC shall be brought in the state courts of Florida. In the event of litigation between you and us concerning the Software or Documentation, the prevailing party in the litigation will be entitled to recover attorney fees and expenses from the other party.

This Agreement constitutes the complete and entire statement of all terms, conditions and representations of the agreement between you and Insight Software, LLC with respect to the Software. In the event that a provision of this Agreement is determined to violate any law or is unenforceable, the remainder of this Agreement shall remain in full force and effect.

No failure or delay on the part of Insight Software, LLC in exercising any right hereunder will operate as a waiver of, or impair, any such right.

 

B. LICENSED CLIENT/SERVER SOFTWARE

1. LICENSE GRANT

We hereby grant you a non-exclusive, non-transferable license to use the Software for the number of users in one location specified in the written order between You and us and in accordance with the instructions contained in our documentation. If you need to install the software to other locations you need to purchase additional licenses. If the Software is permanently installed on the hard disk or other storage device of a computer (other than a network service) and one person uses that computer more than 80% of the time, then that person may also use the Software on a portable or home computer.

You may keep one copy of the Software on a single file server only for the purposes of downloading and installing the Software onto a hard disk of up to the Permitted Number of Computers that are on the same network as the file server. The hardware platforms must be owned, leased to or under the sole control of the licensee. No other network use is permitted.

2. TITLE

We remain the owner of all right, title and interest in the Software and related explanatory written materials ("Documentation"). You shall not take any action inconsistent with such title. The Software is protected by United States and other applicable laws and by international treaty provisions. Therefore, you must treat the Software and Documentation like any other copyrighted material.

3. ARCHIVAL OR BACKUP COPIES

You may copy the Software for back-up and archival purposes, provided that the original and each copy is kept in your possession and that your installation and use of the Software does not exceed that allowed in the “License Grant” Subsection above.

4. THINGS YOU MAY NOT DO

The Software and Documentation are protected by United States copyright laws and international treaties. You must treat the Software and Documentation like any other copyrighted material, for example a book.

You may not:

(a)  Copy the Documentation,

(b)  Copy the Software except to make archival or backup copies as provided above

(c)  Modify or adapt the Software or merge it into another program,

(d)  Reverse engineer, disassemble, decompile or make any attempt to discover the source code of the Software,

(e)  Use the Software in a server based application,

(f)   Place the Software onto a server so that it is accessible via a public network such as the Internet,

(g)  Sublicense, rent, lease, sell, transfer or lend any portion of the Software or Documentation.

 

5. SUPPORT

Support for the Software is NOT included with the Software. Any support provided, whether purchased or not, is done at the sole discretion of Insight Software, LLC. Updates are only available to you if you have purchased a support plan that includes them and is current at the time when they are released. Updates shall, upon installation, replace earlier versions and shall be governed by this Agreement. Unauthorized installation of updates may lock the program. You may purchase support at the rates described in Insight Software, LLC’s then current price list for as long as Insight Software, LLC offers Support for the Software. If you purchase a support plan, Insight Software, LLC will provide you with the level of support service corresponding to the fees paid in accordance with Insight Software, LLC’s then current support plan descriptions. Insight Software, LLC shall have no obligation to provide support services with respect to: (1) Software Used on any computer system other than the specified Machine and operating system; or (2) any version of the Software modified by persons other than Insight Software, LLC. Insight Software, LLC reserves the right to make corrections only to the most currently generally available version of the Software. Provided that you are then subscribing to a support plan which entitles you to Updates and are current in your payment of support fees, you may transfer a Software to a different Machine or operating system subject to Insight Software, LLC transfer policies and payment of all applicable fees, as specified in Insight Software, LLC then current price list. Support renewals for programs with no support or expired support are subject to Insight Software, LLC’s then current reinstatement fees.

During the term of this Agreement, the Licensor shall provide a telephone hot-line that allows you to report problems and seek assistance in use of the Licensed Software during the hours between 8:30 AM and 7:00 PM Eastern Time on the days of Monday through Friday, excluding regularly scheduled holidays of the Licensor. Support will be provided to the installation site indicated on the Sales Agreement to authorized users with an up to date Support Plan. All support-related calls must be made from that site. The support desk shall not be responsible for the set-up, training or maintenance of any computer hardware including, but not limited to networks, system configurations, back-up systems, printers and modems. Support provided at any time outside the hours stated above will come at an additional hourly fee as outlined in the Fees Subsection of this License Agreement. Further, configuration and transferring of data from the “Original Server Machine” to a “New Server Machine” is not covered under the support plan due to the fact that it involves “Set-up” and “Network Configurations” which as stated above are not covered under support. The service of “Switching Server Machines” can be provided at an additional cost outlined in the Fees Subsection of this License Agreement.

(a) The Licensor shall use reasonable efforts to correct reported errors in the Licensed Software (i.e., failure to materially conform with the Licensor’s description of the Licensed Software) which the Licensor is able to reproduce on its equipment and which do not result from your misuse or improper use of the Licensed Software.

(b) The Licensor shall not be responsible for correcting errors in superseded versions of the Licensed Software for more than sixty (60) days after the availability of the most recently revised version of the Software.

6. FEES

Payments are collected in U.S. dollars and credit cards will be charged in U.S. dollars unless otherwise indicated in program ordering and pricing terms provided to you on the website and/or in the program terms for the Services you have selected. The Services will be deemed accepted by you upon acceptance of this Agreement for trial versions (if applicable) of the Services and upon acceptance of this Agreement and payment of the applicable fees and/or subscription fees for paid for versions of the Services.

License and support fees for the Software are due and payable to Insight Software, LLC within 30 days after the invoice date if you have acquired the Software directly from Insight Software, LLC; otherwise such fees are due and payable in accordance with the reseller’s policies. You shall pay all applicable shipping and handling charges, and sales, use, value added, personal property, or similar taxes, tariffs or governmental charges, exclusive of those based upon Insight Software, LLC’s or its reseller’s income and corporate franchise taxes.

Our support and maintenance plan covers support Monday through Friday between 8:30 AM and 7:00 PM EST. However, after-hours support will be provided on an hourly basis at $200 per hour. A minimum of 1 hour will accrue for each after-hours incident.

Customer in need of networking, firewall, anti-virus, or printer problems will be charged a flat fee of $95 per incident.

Customer in need of “Switching Server Machines” will be charged a flat fee of $195.

7. GOOD STANDING

Insight Software, LLC provides software and services for professionals wishing to use our products and who understand the risks, benefits, and limitations of our products as described herein and on our websites.

In addition, Insight Software, LLC encourages open discussion of issues and concerns regarding our software (or company behavior) at http://www.myvisionexpress.com/Forum/index.php. In fact, constructive criticism is considered a critical means for improving the Software and services and is not considered to be inappropriate.

That said, users who act in a manner that is deemed by Insight Software, LLC to be detrimental to the ability of Insight Software, LLC to provide software and services to all clients equally, or those whose actions are detrimental to the continuing well-being of the company will be considered to NOT be in Good Standing, and may have their license to use our software and services revoked.

Examples of such unacceptable behavior include users who do not pay the required licensing fees, users who behave in a manner that our staff finds to be inappropriate or threatening, users who post comments about My Vision Express or related services that are false, and users who use our software or services in a manner other than that for which they are intended.

Users acting in a way deemed to be inappropriate will be notified that their behavior or action is considered disruptive and encouraged to correct such behavior. If such disruptive behavior persists, Insight Software, LLC may terminate this license as described in the Termination Subsection below.

8. TERMINATION

Once you purchase the license registration key, this License is effective in perpetuity until terminated. This License will automatically terminate if you fail to comply with any term of this agreement.

In addition to automatic termination for breach of this agreement, Insight Software, LLC may terminate your license and ability to use our software and services if you are found NOT to be in Good Standing (as described in the Good Standing Subsection above).

Insight Software, LLC has the ability to terminate access to most of the features of the My Vision Express software and services. Even if this access is turned off, however, you will still maintain the ability to export your patient demographics and system data. Other than terminating access to parts of the My Vision Express software or services, Insight Software, LLC WILL NOT DELIBERATELY DISABLE, TAMPER, or CRIPPLE YOUR COMPUTER or otherwise hamper your ability to use non-My Vision Express software or services.

You may terminate this License at any time by writing to Insight Software, LLC at the address on its website or via email, explaining your situation and why you are terminating the License. This will not change or terminate any Sales Order Agreements that have already been executed.

Upon termination of the License for any reason, you agree that you will immediately delete all copies of the Software from your computers and cease using Insight Software, LLC or any associated services. You agree that by terminating your license, you are authorizing Insight Software, LLC to immediately delete any and all backup files and any other data that you have provided us.

9. MISCELLANEOUS

My Vision Express software license ships with the Microsoft SQL Server Express Edition that has a 10 GB database size limit among other limitations. Under most circumstances Microsoft SQL Server Express Edition is sufficient to handle practices with 10 or less users who do not use the scanning or file attachment features. Using the scanning or file attachment features of My Vision Express may result in quickly reaching the 10 GB size limit. Databases reaching the size limit will require a Microsoft SQL Server Workgroup, Standard or Enterprise Edition license. If you have more than 10 users it is highly recommended that you upgrade to the Workgroup, Standard or Enterprise Edition of Microsoft SQL Server. You may want to choose, at an additional expense, another Microsoft SQL Server edition if you are not satisfied with the features or limitations of Microsoft SQL Server Express Edition.

For more information on Microsoft SQL Server 2008 Express edition, please visit:

https://www.microsoft.com/sqlserver/2008/en/us/express.aspx

Licensed editions include SQL Server 2008 Enterprise, Standard, and Workgroup editions. Use the links below to determine which Microsoft SQL Server edition is right for you.

To compare Microsoft SQL Server 2008 features across editions, please visit:

http://www.microsoft.com/sqlserver/2008/en/us/editions-compare.aspx

For Microsoft SQL Server 2008 pricing, please visit:

http://www.microsoft.com/sqlserver/2008/en/us/pricing.aspx

This Agreement is the complete statement of the Agreement between the parties on the subject matter, and merges and supersedes all other or prior understandings, purchase orders, agreements and arrangements. This Agreement shall be governed by the laws of the state of Florida, United States. Exclusive jurisdiction and venue for all matters relating to this Agreement shall be in courts and fore located in the State of Florida, United States and you consent to such jurisdiction and venue.

All rights of any kind in My Vision Express which are not expressly granted in this License are entirely and exclusively reserved to and by Insight Software, LLC You may not rent, lease, modify, translate, transfer, reverse engineer, decompile, disassemble or create derivative works based on My Vision Express. You may not make access to My Vision Express available to others in connection with a service bureau, application service provider, or similar business. There are no third party beneficiaries of any promises, obligations or representations made by Insight Software, LLC herein.

 

C. LICENSED HOSTED SOFTWARE

1. LICENSE GRANT

We hereby grant you a non-exclusive, non-transferable license, during the initial term of the subscription and any applicable renewal term or other period of use provided in the activation and ordering terms, to access and use the Services, solely for the purpose described in Section A of this License Agreement, and, if applicable, solely by such number of authorized users for which the applicable fee has been paid by you.

2. TITLE

We remain the owner of all right, title and interest in the Software and related explanatory written materials ("Documentation"). You shall not take any action inconsistent with such title. The Software is protected by United States and other applicable laws and by international treaty provisions. Therefore, you must treat the Software and Documentation like any other copyrighted material.

3. SOFTWARE USE, STORAGE AND ACCESS.

Insight Software, LLC shall have the right, in its sole discretion and with reasonable notice posted on the My Vision Express Online site and/or sent to Licensee at the Current Administrator's email address provided in the Registration Data, to revise, update, or otherwise modify the Services and establish or change limits concerning use of the Software and Services, temporarily or permanently, including but not limited to (i) the amount of storage space Licensee has on the Software at any time, and (ii) the number of times (and the maximum duration for which) Licensee may access the Software in a given period of time. Insight Software, LLC reserves the right to make any such changes effective immediately to maintain the security of the system or Licensee Access Information or to comply with any laws or regulations, and to provide Licensee with electronic or written notice within thirty (30) days after such change. Licensee may reject changes by discontinuing use of the Software and Services to which such changes relate. Licensee's continued use of the Software or Services will constitute Licensee's acceptance of an agreement to such changes.

Insight Software, LLC may, from time to time, perform maintenance upon the Software or Services resulting in interrupted service, delays or errors in the Software or Services. Insight Software, LLC will attempt to provide prior notice of scheduled maintenance but cannot guarantee that such notice will be provided.

 4. SUPPORT

Support for My Vision Express is included with the mandatory monthly hosting fees. Any support provided is done at the sole discretion of Insight Software, LLC and is covered by this License Agreement.

During the term of this Agreement, the Licensor shall provide a telephone hot-line that allows you to report problems and seek assistance in use of the Licensed Software during the hours between 8:30 AM and 7:00 PM EST on the days of Monday through Friday, excluding regularly scheduled holidays of the Licensor. 

The support desk shall not be responsible for the setup, training or maintenance of any computer hardware including, but not limited to networks, system configurations, backup systems, printers and modems. Support provided at any time outside the hours stated above will come at an additional hourly fee as outlined in the Fees Subsection of this License Agreement.

(a) The Licensor shall use reasonable efforts to correct reported errors in the Licensed Software (i.e., failure to materially conform with the Licensor’s description of the Licensed Software) which the Licensor is able to reproduce on its equipment and which do not result from your misuse or improper use of the Licensed Software.

(b) The Licensor shall not be responsible for correcting errors in superseded versions of the Licensed Software for more than sixty (60) days after the availability of the most recently revised version of the Software.

5. FEES

Payments are collected in U.S. dollars and credit cards will be charged in U.S. dollars unless otherwise indicated in program ordering and pricing terms provided to you on the website and/or in the program terms for the Services that you have selected. The Services will be deemed accepted by you upon acceptance of this Agreement for trial versions (if applicable) of the Services and upon acceptance of this Agreement and payment of the applicable fees and/or subscription fees for paid for versions of the Services.

Monthly Web-hosting fees for the Software are due and payable to Insight Software, LLC on the first of each month.

The Monthly Web-hosting fee covers support Monday through Friday between 8:30 AM and 7:00 PM Eastern Time. However, after-hours support will be provided on an hourly basis at $200 per hour. A minimum of 1 hour will accrue for each after-hours incident.

6. GOOD STANDING

Insight Software, LLC provides software and services for professionals wishing to use our products and who understand the risks, benefits, and limitations of our products as described herein and on our websites.

In addition, Insight Software, LLC encourages open discussion of issues and concerns regarding our software (or company behavior) at http://www.myvisionexpress.com/Forum/index.php. In fact, constructive criticism is considered a critical means for improving our software and services and is not considered to be inappropriate.

That said, users who act in a manner that is deemed by Insight Software, LLC to be detrimental to the ability of Insight Software, LLC to provide software and services to all clients equally, or those whose actions are detrimental to the continuing well-being of the company will be considered to NOT be in Good Standing, and may have their license to use our software and services revoked.

Examples of such unacceptable behavior include users who don’t pay the required licensing fees, users who behave in a manner that our staff finds to be inappropriate or threatening, users who post comments about My Vision Express or related services that are false, and users who use our software or services in a manner other than that for which they are intended.

Users acting in a way deemed to be inappropriate will be notified that their behavior or action is considered disruptive and encouraged to correct such behavior. If such disruptive behavior persists, Insight Software, LLC may terminate this license as described in the Termination Subsection below.

7. TERMINATION

Once you purchase the license registration key, this License is effective in perpetuity until terminated. This License will automatically terminate if you fail to comply with any term of this agreement.

In addition to automatic termination for breach of this agreement, Insight Software, LLC may terminate your license and ability to use our software and services if you are found NOT to be in Good Standing (as described in the Good Standing Subsection above).

Insight Software, LLC has the ability to terminate access to most of the features of the My Vision Express software and services. Even if this access is turned off, however, you will still maintain the ability to export your patient demographics and system data. Other than terminating access to parts of the My Vision Express software or services, Insight Software, LLC WILL NOT DELIBERATELY DISABLE, TAMPER, or CRIPPLE YOUR COMPUTER or otherwise hamper your ability to use non-My Vision Express software or services.

You may terminate this License at any time by writing to Insight Software, LLC at the address on its website or via email, explaining your situation and why you are terminating the License. This will not change or terminate any Sales Order Agreements that have already been executed.

Upon termination of the License for any reason, you agree that you will cease using Insight Software, LLC or any associated services. You agree that by terminating your license, you are authorizing Insight Software, LLC to immediately delete any and all backup files, billing information, and any other data you have provided us.

8. MISCELLANEOUS

My Vision Express Web-Hosted Edition has a 4 GB disk-usage limit per location license. Additional storage above the 4 GB limit is billed at $10.00 per additional GB per month. Web-hosting charges are billed monthly, additional storage charges are billed quarterly.

This Agreement is the complete statement of the Agreement between the parties on the subject matter, and merges and supersedes all other or prior understandings, purchase orders, agreements and arrangements. This Agreement shall be governed by the laws of the state of Florida, United States. Exclusive jurisdiction and venue for all matters relating to this Agreement shall be in courts and fora located in the State of Florida, United States and you consent to such jurisdiction and venue.

All rights of any kind in My Vision Express which are not expressly granted in this License are entirely and exclusively reserved to and by Insight Software, LLC. You may not rent, lease, modify, translate, transfer, reverse engineer, decompile, disassemble or create derivative works based on My Vision Express. You may not make access to My Vision Express available to others in connection with a service bureau, application service provider, or similar business. There are no third party beneficiaries of any promises, obligations or representations made by Insight Software, LLC herein.

© 2011 Insight Software, LLC. All rights reserved. My Vision Express is a registered trademark of Insight Software, LLC. Other company or product names mentioned herein may be trademarks or registered trademarks of their respective companies.

 

(0 vote(s))
Helpful
Not helpful

Comments (0)
Post a new comment
 
 
Full Name:
Email:
Comments:
CAPTCHA Verification 
 
Please enter the text you see in the image into the textbox below (we use this to prevent automated submissions).

Copyright © 2015 Insight Software, LLC | My Vision Express