FLUENT SMARTEXAM

Software End-User License Agreement
Copyright 2022 All Rights Reserved.

This Fluent SmartExam software or Fluent SmartExam branded derivatives thereof (“Software”) may not, in whole or in any part, be copied, reproduced, transmitted, translated (into any language, natural or computer), stored in a retrieval system, reduced to any electronic medium or machine readable format, or by any other form or means without prior consent, in writing, from Fluent SmartExam, (“Fluent SmartExam”).

 You are granted a limited license to use this software. The software may be used or copied only in accordance with the terms of that license, which is described in the following paragraphs.

TRADEMARKS

Software logos, icons, and Trademarks such as the Fluent SmartExam name or logo may not be reproduced or used without permission of FLUENT SMARTEXAM.

LICENSE

“THE SOFTWARE” SHALL BE TAKEN TO MEAN THE FLUENT SMARTEXAM SOFTWARE HOWSOEVER COMMERCIALLY ACQUIRED BY YOU (EITHER ON A SUBSCRIPTION OR PAY PER VISIT BASIS OR AS A PATIENT) AND ANY SUBEQUENT VERSIONS OR UPGRADES RECEIVED AS A RESULT OF HAVING ACQUIRED THIS PACKAGE. “BUYER” SHALL BE TAKEN AS ANY USER OF THE SOFTWARE AS DESCRIBED IN THIS PARAGRAPH.

BUYER HAS THE NON-EXCLUSIVE RIGHT TO USE THE SOFTWARE ON SINGLE OR MULTIPLE DEVICES. HOWEVER, BUYER MAY NOT DISTRIBUTE COPIES OF THE SOFTWARE OR THE ACCOMPANYING DOCUMENTATION TO OTHERS EITHER FOR A FEE OR WITHOUT CHARGE.

BUYER MAY NOT MODIFY OR TRANSLATE THE PROGRAM OR DOCUMENTATION. USER MAY NOT DISASSEMBLE THE PROGRAM OR ALLOW IT TO BE DISASSEMBLED INTO ITS CONTITUENT SOURCE CODE.

BUYER’S USE OF THE SOFTWARE INDICATES HIS/HER ACCEPTANCE OF THESE TERMS AND CONDITIONS. IF BUYER DOES NOT AGREE TO THESE CONDITIONS, RETURN THE DISTRIBUTION MEDIA, DOCUMENTATION, AND ASSOCIATED MATERIALS TO THE VENDOR FROM WHOM THE SOFTWARE WAS PURCHASED, AND ERASE THE SOFTWARE FROM ANY AND ALL STORAGE DEVICES UPON WHICH IT MAY HAVE BEEN INSTALLED.

THIS LICENSE AGREEMENT SHALL BE GOVERNED BY THE LAWS OF THE UNITED STATES OF AMERICA, STATE OF DELAWARE, AND SHALL INURE TO THE BENEFIT OF FLUENT SMARTEXAM OR ITS ASSIGNS. DISCLAIMER / LIMITATION OF LIABILITY: BUYER ACKNOWLEDGES THAT THE SOFTWARE MAY NOT BE FREE FROM DEFECTS AND MAY NOT SATISFY ALL OF BUYER’S NEEDS. FLUENT SMARTEXAM WARRANTS ALL MEDIA ON WHICH THE SOFTWARE IS DISTRIBUTED FOR 60 DAYS TO BE FREE FROM DEFECTS IN MATERIALS AND WORKMANSHIP UNDER NORMAL USE. THE SOFTWARE AND ANY ACCOMPANYING WRITTEN MATERIALS ARE LICENSED “AS IS”. BUYER’S EXCLUSIVE REMEDY DURING THE WARRANTY PERIOD SHALL CONSIST OF REPLACEMENT OF SOFTWARE IF DETERMINED TO BE FAULTY. IN NO EVENT WILL FLUENT SMARTEXAM BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGE OR DAMAGES RESULTING FROM LOSS OF USE, OR LOSS OF ANTICIPATED PROFITS RESULTING FROM ANY DEFECT IN THE PROGRAM, EVEN IF IT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. SOME LAWS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF IMPLIED WARRANTIES OR LIABILITIES FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSION MAY NOT APPLY.

SPECIFIC RESTRICTIONS

IN ACCORDANCE WITH THE COMPUTER SOFTWARE RENTAL ACT OF 1990, THIS SOFTWARE MAY NOT BE RENTED, LENT OR LEASED.

THE SOFTWARE AND ACCOMPANYING DOCUMENTATION MAY NOT BE PROVIDED BY A “BACKUP SERVICE” OR ANY OTHER VENDOR WHICH DOES NOT PROVIDE AN ORIGINAL AGREEMENT TO DO SO AS COMPOSED AND EXECUTED BY FLUENT SMARTEXAM

MISCELLANEOUS

If you acquired or use this SOFTWARE in the United States, this EULA is governed by the laws of the State of Delaware. If this SOFTWARE was acquired and is used exclusively outside of the United States, then local law may also apply. Should you have any questions concerning this EULA, or if you desire to contact FLUENT SMARTEXAM for any reason, please contact FLUENT SMARTEXAM at 888-528-8760 or info@getfluenthealth.com.

LIMITED WARRANTY

Fluent SmartExam represents and warrants that its SOFTWARE will perform the Services to a workable, acceptable degree and that any services or materials provided by Fluent SmartExam to the Client under the terms and conditions of this Agreement will not infringe on or violate the intellectual property rights or any other right of any third party.

EXCEPT AS EXPLICITLY SET FORTH HEREIN, FLUENT SMARTEXAM SERVICES ARE DELIVERED “AS IS,” AND FLUENT SMARTEXAM MAKES NO REPRESENTATIONS OR WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, TITLE AND NON-INFRINGEMENT WITH RESPECT TO THE FLUENT SMARTEXAM SERVICES.  FLUENT SMARTEXAM DOES NOT WARRANT THAT THE FLUENT SMARTEXAM SERVICES WILL BE SUITABLE FOR ANY PURPOSE – INCLUDING PATIENT DIAGNOSIS OR RESULTING TREATMENT – OR ARE ERROR-FREE.

CLIENT ASSUMES THE SOLE RESPONSIBILITY FOR DETERMINING THE SUITABILITY OF THE FLUENT SMARTEXAM PROPERTY FOR ITS INTENDED USE.

Fluent SmartExam represents and warrants that Fluent SmartExam operates under the “Information Conduit” rule of 45 Code of Federal Regulations 160.103, and, as defined, is referenced in Section 13400 of Subtitle D (‘Privacy’) of the The Health Information Technology for Economic and Clinical Health (HITECH) Act 2009.

Further, support services provided by FLUENT SMARTEXAM shall be substantially as described in applicable online materials provided to you by FLUENT SMARTEXAM. Fluent SmartExam support engineers will make commercially reasonable efforts to solve any problem issues with the SOFTWARE. To the extent that implied warranties on the PRODUCTS are disclaimable, they are disclaimed herein below. Some states and jurisdictions do not allow disclaimers of or limitations on the duration of an implied warranty, so the above limitation may not apply to you. To the extent implied warranties may not be entirely disclaimed but implied warranty limitations are allowed by applicable law, implied warranties on the PRODUCTS, if any, are limited to thirty (30) days.

CUSTOMER REMEDIES. FLUENT SMARTEXAM’S and its suppliers’ entire liability and your exclusive remedy shall be, at FLUENT SMARTEXAM’S option, replacement of the SOFTWARE that do not meet FLUENT SMARTEXAM’ Limited Warranty. This Limited Warranty is void if failure of the SOFTWARE has resulted from accident, abuse, or misapplication. Any replacement SOFTWARE will be warranted for the remainder of the original warranty period or thirty (30) days, whichever is longer. Outside of the United States, neither of these remedies nor any product support services offered by FLUENT SMARTEXAM are available without proof of purchase which includes, but is not limited to, the original SOFTWARE ordering information provided to FLUENT SMARTEXAM at the time of ordering the SOFTWARE package. This information is required for owner/rights verification.

IN ANY CASE, FLUENT SMARTEXAM’ ENTIRE LIABILITY UNDER ANY PROVISION OF THIS EULA SHALL BE LIMITED TO THE GREATER OF THE AMOUNT ACTUALLY PAID BY YOU FOR THE PRODUCT OR TEN UNITED STATES DOLLARS (U.S. $10.00). BECAUSE SOME STATES AND JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.