This Sonosoft End-User License Agreement (“EULA”) is a legal agreement between you (either an individual or a single entity) and Empower Technologies, Inc. (“EmpowerTech”) for the Sonosoft software. By using the SOFTWARE PRODUCT for other purposes than its evaluation, you agree to be bound by the terms of this EULA. (Purchasing a license denotes intent to use the software for production)
For your future reference, you may print the text of the EULA, or refer to a copy of the EULA that can be found in the EULA.txt file of this product. Or find a current version of this document on our website here
The user of this product agrees that:
1. Without a license(s) they may only use this product for the purpose of evaluation.
2. With a license they may only USE this product (no other rights, unless specified otherwise in a separate contract between EmpowerTech and buyer). You may not rent, lease, or lend the SOFTWARE PRODUCT to a third party.
3. Rights of use depend on the type of license. All SonoSoft licenses are for 12 contiguous months and must be renewed annually for on going maintenance, support, training and updates. If you require clarification please contact EmpowerTech directly.
4. EmpowerTech’s warrants that (a) the SOFTWARE PRODUCT will perform substantially in accordance with the accompanying written materials for a period of three hundred sixty five (365) days from the date of receipt as long as the original user license remains valid, and (b) any Support Services provided by EmpowerTech’s shall be substantially as described in applicable written materials provided to you by EmpowerTech’s, and EmpowerTech’s support engineers will make commercially reasonable efforts to solve any problem issues. Some states and jurisdictions do not allow limitations on duration of an implied warranty, so the above limitation may not apply to you. To the extent allowed by applicable law, implied warranties on the SOFTWARE PRODUCT, if any, are limited to ninety (90) days.
NO OTHER WARRANTIES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EmpowerTech AND ITS SUPPLIERS DISCLAIM ALL OTHER WARRANTIES AND CONDITIONS, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, WITH REGARD TO THE SOFTWARE PRODUCT, AND THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY HAVE OTHERS, WHICH VARY FROM STATE/JURISDICTION TO STATE/JURISDICTION.
5. SUPPORT. EmpowerTech will provide you with support services related to the SOFTWARE PRODUCT for users with a valid license for 12 continuous months after the initial installationdate. Annual license renewal is required for continuous uninterrupted service and support.. Failure to pay the annual license when due, may result in interruption of service. The fee for annual support is dependent upon the current cost of the software license. Annual software license fee is set at 12% of the current initial license and set up fee and is subject to change.
6. EmpowerTech’s and its suppliers’ entire liability and your exclusive remedy shall be, at EmpowerTech’s option, either (a) return of the price paid, if any, or (b) repair or replacement of the SOFTWARE PRODUCT that does not meet EmpowerTech’s Limited Warranty and which is returned to EmpowerTech with a copy of your receipt. This Limited Warranty is void if failure of the SOFTWARE PRODUCT has resulted from accident, abuse, or misapplication. Any replacement SOFTWARE PRODUCT will be warranted for the remainder of the original warranty period or thirty (30) days, whichever is longer. Outside the United States, neither these remedies nor any product support services offered by EmpowerTech are available without proof of purchase from an authorized international source.
7. This SOFTWARE PRODUCT is supplied with a 30 day conditional refund policy. If the software fails to perform properly, we reserve the right to correct any problems that are communicated to us and anyone using the software must have been properly trained. EmpowerTech/SonoSoft needs to be notified within twenty (20) days of installation in order to allow the time necessary to correct any alleged deficiencies. Issues related to hardware which is installed and/or purchased through suppliers other than EmpowerTech/SonoSoft, that directly affects the performance of any SonoSoft products will not qualify the user for refund. Any costs for finished customization shall be deducted from the refund amount considered eligible based on refund conditions. Hardware purchased through EmpowerTech is not included under this policy, however in the event Empower Tech offers to accept a return on purchased hardware there will be a 15% restocking and 5% Administration fee deducted (20% total) from the refund amount and all equipment shall be shipped back to Empower Tech and the cost of the User. Otherwse, all sales are final upon installation.
8. Note that each module in the SonoSoft system is deemed a separate product and as such in the event of a user requested refund each module will be reviewed separately to determine refund eligibility.
9. In the event an End-User requests a refund under our 30 day refund policy and is deemed eligible for a refund; any “good faith” or “free” customizations will be deducted at our full customization rate from the refund amount.
10. This document is subject to review at the sole discretion of EmpowerTech without notice and at any time.
11. EmpowerTech does not guarantee accuracy of zip address automation. This feature is offered as is, with no support and is a free feature of the system. As such EmpowerTech accepts no liability of any kind through its use.
12. You agree to ensure that any and all Health Insurance Claim Forms (HICF) are correct and accurate. EmpowerTech is not liable in any way for any actions or lack of actions relating to an HICF produced using SonoSoft.
13. You and all staff in your office (Present and future) agree that all calls to (Or received by) Empower Technologies, Inc and or its staff, business partners and associates. May be monitored and/or recorded. These recordings may be used in a number of ways including (but not limited to). Training, Quality assurance and accuracy.
14. You agree that all contact with Empower Technologies, Inc Staff will be conducted in a polite and professional manner. Any contact that is not polite and professional may be grounds for immediate termination of any support contract currently held without recourse to a refund at the sole discretion of Empower Technologies, Inc. Each case will be handled individualy. Note that termination of support is not termination of license and will not affect your ability to use SonoSoft.
15. This document does not affect your statutory rights.
LIMITATION OF LIABILITY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL Empower Technologies, INC. OR ITS SUPPLIERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR ANY OTHER PECUNIARY LOSS) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE PRODUCT OR THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES, EVEN IF EmpowerTech HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY CASE, EmpowerTech’s ENTIRE LIABILITY UNDER ANY PROVISION OF THIS EULA SHALL BE LIMITED TO THE GREATER OF THE AMOUNT ACTUALLY PAID BY YOU FOR THE SOFTWARE PRODUCT OR U.S.$50.00; WHICHEVER IS LESS PROVIDED, HOWEVER, IF YOU HAVE ENTERED INTO A EmpowerTech’s SUPPORT SERVICES AGREEMENT, EmpowerTech’s ENTIRE LIABILITY REGARDING SUPPORT SERVICES SHALL BE GOVERNED BY THE TERMS OF THAT AGREEMENT.
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