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End-User License Agreement (EULA)
This End-User License Agreement ("EULA") is a legal agreement between you and OrthoBanc, LLC
This EULA agreement governs your acquisition and use of software ("Software") directly from OrthoBanc, LLC.
Please read this EULA agreement carefully before using the software. It provides a license to use the software and contains warranty information and liability disclaimers.
If you register for the beta trial of the software, this EULA agreement will also govern that trial. By using the software, you are confirming your acceptance of the Software and agreeing to become bound by the terms of this EULA agreement.
If you are entering into this EULA agreement on behalf of a company or other legal entity, you represent that you have the authority to bind such entity and its affiliates to these terms and conditions. If you do not have such authority or if you do not agree with the terms and conditions of this EULA agreement, do not use the Software, and you must not accept this EULA agreement.
This EULA agreement shall apply only to the Software supplied by OrthoBanc, LLC herewith regardless of whether other software is referred to or described herein. The terms also apply to any OrthoBanc, LLC updates, supplements, Internet-based services, and support services for the Software, unless other terms accompany those items on delivery. If so, those terms apply.
License Grant
OrthoBanc, LLC hereby grants you a personal, non-transferable, non-exclusive license to use the software on your devices in accordance with the terms of this EULA agreement.
You are permitted to use the software on any device under your control (for example a PC, laptop, mobile or tablet). You are responsible for ensuring your device meets the minimum requirements of the software.
You are not permitted to:
  • Edit, alter, modify, adapt, translate or otherwise change the whole or any part of the Software nor permit the whole or any part of the Software to be combined with or become incorporated in any other software, nor decompile, disassemble or reverse engineer the Software or attempt to do any such things
  • Reproduce, copy, distribute, resell or otherwise use the Software for any commercial purpose
  • Allow any third party to use the Software on behalf of or for the benefit of any third party.
  • Use the Software in any way which breaches any applicable local, national or international law
  • Use the Software for any purpose that OrthoBanc, LLC considers is a breach of this EULA agreement
Intellectual Property and Ownership
OrthoBanc, LLC shall at all times retain ownership of the Software as originally provided to you and all subsequent revisions of the Software. The Software (and the copyright, and other intellectual property rights of whatever nature in the Software, including any modifications made thereto) are and shall remain the property of OrthoBanc, LLC.

OrthoBanc, LLC reserves the right to grant licenses to use the Software to third parties.
Termination
This EULA agreement is effective from the date you first use the Software and shall continue until terminated. You may terminate it at any time upon written notice to OrthoBanc, LLC.

It will also terminate immediately if you fail to comply with any term of this EULA agreement. Upon such termination, the licenses granted by this EULA agreement will immediately terminate and you agree to stop all access and use of the Software. The provisions that by their nature continue and survive will survive any termination of this EULA agreement.
Governing Law
This EULA agreement, and any dispute arising out of or in connection with this EULA agreement, shall be governed by and construed in accordance with the laws of the state of Tennessee.
Disclaimer of Warranty
EXCEPT AS EXPRESSLY PROVIDED HEREIN, COMPANY DOES NOT MAKE, AND EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, WITH REGARD TO THE LICENSED PRODUCT WHETHER ARISING BY OPERATION OF LAW, COURSE OF PERFORMANCE OR DEALING, CUSTOM, USAGE IN THE TRADE OR PROFESSION OR OTHERWISE, INCLUDING WITHOUT LIMITATION ALL IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
Limitation on Liability
UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, WHETHER IN TORT, CONTRACT OR OTHERWISE, SHALL COMPANY OR ITS OFFICERS, EMPLOYEES, AGENTS, REPRESENTATIVES, SUCCESSORS, OR ASSIGNS BE LIABLE TO PROVIDER OR ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OR LOST PROFITS EVEN IF COMPANY HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES, FURTHER, IN NO EVENT SHALL THE TOTAL LIABILITY OF COMPANY EXCEED THE TOTAL OF FEES PAID TO COMPANY IN THE PRECEDING TWELVE MONTH PERIOD PRIOR TO THE EVENT GIVING RISE TO THE CLAIM. IN NO EVENT WILL COMPANY BE LIABLE TO PROVIDER FOR ANY INABILITY TO COLLECT FROM RESPONSIBLE PARTY ANY AMOUNTS OWED BY SUCH RESPONSIBLE PARTY TO PROVIDER DUE TO CIRCUMSTANCES OUT OF COMPANY’S CONTROL.