DataCom Software Business Products License Agreement

 I. License                                   

            DataCom Software Business Products (hereafter referred to as licen­sor) grants to: User of M.I.S. Clinic (hereafter referred to as client) the right to use this copy of Manage­ment Information System for Clinics (hereafter referred to as M.I.S.C.)  On a single computer network at a single location as long they comply with the terms of this license.  In the event that the client uses M.I.S.C. on more that one computer network, the client agrees to pay licensor for additional user copies.

            Licensor reserves the right to terminate this license if the client violates any of the provisions contained within and, in the event of such termination, the client agrees to return M.I.S.C. to licensor.  M.I.S.C. is the sole and exclusive property of licensor; client ownership is limited to the CD-ROM purchased.

            By the act of opening the package containing the M.I.S.C. CD-ROM, the client subscribes to and agrees to the terms of this license agreement. 

 II. Transfer and Reproduction

           The client agrees to take all reasonable steps and to exer­cise due diligence to protect M.I.S.C. from unauthorized reproduction, publication, disclosure, or distribution.  The client may not transfer any copy of M.I.S.C to any other person, or business entity, without the prior written consent of DataCom Software Business Products.

 III. Limited Warranty

            Licensor warrants M.I.S.C. to be free of significant errors that make it unusable for ninety days from the date of pur­chase.  In the event such errors are found, licensor agrees to correct them with efforts that licensor believes to be suitable to the problem.

            Neither the licensor, its owners, any of its employees or associates can be held responsible or liable in any way, for any losses or damages incurred by the client as a result of the use of M.I.S.C.  Furthermore licensor makes no other war­ranties, neither implied or otherwise, regarding the use of this product.

            IV. Refunds

            Do to the fact that M.I.S.C. and distributed materials can be easily duplicated, DataCom Software cannot issue any refunds after product is opened.  A restocking charge will be assessed at 20% (twenty percent) after a point of shipment and before opening of any products or materials.

            V. Miscellaneous

            Licensor maintains a policy of ongoing updates and product improvement.  Provided that client has previously returned a signed copy of this license agreement, Licensor shall pro­vide the client with either copies of updated material or notification of availability and price schedules where appropriate for a period of ninety days.  Should the client elect to have any custom changes made to the copy of M.I.S.C. they are using, a fee will be charged for each standard update that the client receives.  The client has the option of investing in the DataCom Software Business Products Service/Maintenance Agreement, which will entitle the client to additional support and updates per the terms stated.

            This agreement shall represent the only agreement between the client and licensor, and it may not be modified by the representations of anyone, unless an associate of DataCom Software Business Products has signed a written amendment.

            The Client is entering into this license agreement in the judicial district of Minnesota’s Crow Wing County and is made as of date of purchase between DataCom Software Business Products and the client, for the use of one M.I.S.C. system  for the purchase price paid.  The license fee includes:

              -  one    : copy of M.I.S.C.

              -Shipping charges

              -Additional terms/investment covered in addendum:   N/A  . 

          - Support shall be available between the hours of 7AM and 5 PM Pacific Standard Time Monday through Friday.  Support calls are billed at $50.00 per instance.  Supports requiring your data to be sent to DataCom Software Business Products offices and reviewed by a programmer are billed at the hourly rate of $100.00 per hour.

          -Custom changes to the software requested by the client shall be invoiced at the rate of One Hundred dollars ($100.00) per hour and are payable in full upon delivery.

             The undersigned client hereby acknowledges that they have read and agrees to the terms and conditions of this license agreement and hereby agrees that by signing this document, or opening the envelope containing the CD-ROM of M.I.S. Clinic, that they become a party to said agreement and shall be bound by all terms, conditions and obligations thereof.