FINTHRIVE SOLUTIONS
TERMS OF USE
Please review these FinThrive Solutions (as
defined below) Terms of Use (these, “Terms of Use”). By clicking “I AGREE” and accessing any FinThrive Solution,
you acknowledge that you have read the Terms of Use set forth below and agree
to abide by and be bound to these Terms of Use.
As used in these Terms of Use, “FinThrive” means FinThrive, Inc., and
its affiliates, with a corporate office at 200 North Point Center East Suite 600,
Alpharetta, Georgia, 30022.
The FinThrive Solutions may be accessed (i) directly, or (ii) by first logging onto the Microsoft
Azure Active Directory Sign-in/Sign-up Service (the “Marketplace”). Your
access to the Marketplace may require you to accept terms and conditions from
other vendors.
These Terms of Use govern your access to any FinThrive-branded
resources, content and application, including any updates, enhancements, and
new features therein (collectively, the “FinThrive Solutions”) available directly
or in the Marketplace. The FinThrive Solutions
include, but are not limited to: any technology required for the products,
software, and tools to function, including tangible or intangible aspects such
as processes, logic, techniques, algorithm or content; and content such as
rules, directions, tips or warnings produced or communicated by FinThrive
directly or indirectly, inclusive of any content displayed or consumed within
other vendor solutions. Reference to
“the FinThrive Solutions” expressly includes each individual FinThrive Solution. You acknowledge and agree that by accepting
the Terms of Use for one FinThrive Solution, your acceptance of the Terms of Use
will apply to any and all individual FinThrive Solutions
available through the Marketplace now and in the future. You expressly agree
that your acceptance of the Terms of Use will be valid for all individual
FinThrive Solutions, even though you may not be prompted with the Terms of Use
for acceptance upon first login to subsequent individual FinThrive Solutions.
If you are accessing the FinThrive Solutions in
your capacity as an executive, employee, consultant, or agent of a company,
then you acknowledge that your consent to these Terms of Use is sufficient to
bind both you and that company to these Terms of Use. For purposes of these Terms of Use, “you”
or “End User” means both you, as an individual, and the company you
represent.
If you do not agree with
the terms and conditions of these Terms of Use, then you will not be allowed to
access the FinThrive Solutions and you should contact your FinThrive representative
for a refund if you have paid any prepaid fees.
1.
GRANT OF LIMITED LICENSE
Subject to these Terms of Use and your
agreement with FinThrive for the applicable FinThrive Solution, FinThrive grants to
you a limited, royalty-free, non-exclusive, non-transferable license (“License”)
to access and use the FinThrive Solutions directly or via the Marketplace. The
Marketplace, as applicable, is a portal that is provided by a Third-Party
Provider that allows you access to the FinThrive Solutions and potentially other
applications not owned by FinThrive from a single place. This License does not
grant or transfer any ownership rights in the FinThrive Solutions or imply any
rights other than those set forth in these Terms of Use or your agreement with
FinThrive. You must only access the FinThrive Solutions in accordance with these
Terms of Use.
2. USER
CONDUCT
2.1 Username and Password. You must have a unique
username and password to access the FinThrive Solutions (the “FinThrive ID”).
Your FinThrive ID may be different than your username and password to access the
Marketplace. You may not share this FinThrive
ID with any other person. You are solely responsible for: (a) your own conduct
when accessing the FinThrive Solutions; (b) all actions of any person accessing the
FinThrive Solutions through the FinThrive ID assigned to you; and (c) any
violations of these Terms of Use. You must notify FinThrive immediately of any
unauthorized use of your FinThrive ID.
2.2 Use Restrictions.
2.2.1 General Use Restrictions. You
must not and must not allow any other person to do or attempt to do any of the
following: (a) use the FinThrive Solutions or any portion of the FinThrive
Solutions for any unlawful purpose or prohibited use; (b) market, sublicense,
publish, distribute, lend, transfer, or otherwise make the FinThrive Solutions or
any components or output from the FinThrive Solutions available to any third
party; (c) alter, maintain, enhance, modify, or create derivatives of the
FinThrive Solutions; (d) remove any trademark, copyright, or proprietary notices
or use any meta tags or other ‘hidden text’ or framing techniques in connection
with FinThrive’s names or trademarks; (e) copy,
decompile, disassemble, or otherwise reverse engineer the FinThrive Solutions or
use any similar means to discover the source code or trade secrets in the
FinThrive Solutions; (f) use the FinThrive Solutions as a substitute for the
medical judgment of a physician or qualified healthcare provider; (g) use the
FinThrive Solutions to provide service bureau, time sharing, or other computer
services to third parties; (h) circumvent any technological measures that
control access to the FinThrive Solutions or violate the security of the FinThrive
Solutions; (i) post, transmit, distribute, or infect the
FinThrive Solutions with viruses, trojan horses, worms, time bombs, or other
destructive functionality; (j) use the FinThrive Solutions in any nuclear,
aviation, mass transit, life support, or any other inherently dangerous manner;
(k) use the FinThrive Solutions in any manner that violates the rights of FinThrive;
(l) use screen scrapers, content miners, robots, spiders, web extractors,
or any other automated means to access the FinThrive Solutions; (m) use the
FinThrive Solutions in any manner that could damage, disable, overburden, or
impair any FinThrive server, or any networks connected to any FinThrive server, or
that could interfere with any other party’s use and enjoyment of any FinThrive
Solutions; (n) publish, post, upload, distribute, or disseminate any
inappropriate, profane, defamatory, obscene, indecent, or unlawful topic, name,
material or information; or (o) use the FinThrive Solutions to benefit any party
other than you.
2.2.2 No Competitors. You cannot access
the FinThrive Solutions if you are a competitor of FinThrive. You must not permit
or attempt to permit any competitor of FinThrive or any unauthorized third party
to access, view, interact with, evaluate, or otherwise use the FinThrive
Solutions, whether on behalf of you or any third party.
2.3 Protected Health Information.
2.3.1 PHI and ePHI Generally. Some FinThrive Solutions may require the
submission, posting or transmission of ePHI at the individual application
level while other applications may not require the submission of ePHI. ePHI is
defined in the Health Insurance Portability and Accountability Act of 1996, as
amended (“HIPAA”), as Protected Health Information which is stored,
accessed, transmitted, or received electronically, and that identifies an
individual or can be used to identity an individual. Protected Health Information is created or
received by a “covered entity,” as defined in HIPAA, and relates to the past,
present or future physical or mental health of an individual, the provision of
health care to an individual, or the past, present, or future payment for the
provision of health care to an individual and which (i)
actually identifies the individual or (ii) with
respect to which there is or would be a reasonable basis to believe can be used
to identify the individual. Examples of
the types of information that constitute Protected Health information may include
(but are not limited to) such items as your name, your address, your electronic
mail address, your telephone number and your social security number. In order to access the FinThrive Solutions, users must input an
FinThrive ID. You should not use any information that constitutes ePHI as your FinThrive
ID username and/or your password. In addition, unless the FinThrive Solution specifically
permits, you must not and must not allow any other person to submit to, post
to, or transmit through such FinThrive Solution any identifiers that may
constitute ePHI.
2.3.2 De-Identification. If you are
accessing an FinThrive Solution that does not require the submission, posting or
transmission of ePHI, you are required to “de-identify” any ePHI before
inputting data into such FinThrive Solution. For purposes of HIPAA, de-identification involves
taking a collection of data and stripping it of any information that could
allow the identification of the source of the data. In the FinThrive Solutions that do not require
the submission, posting or transmission of ePHI, in the event
that FinThrive detects identifiers that may constitute ePHI, it will attempt
to delete or block these ePHI identifiers from the FinThrive Solution and will
not store or retain any identifiers that are submitted to the FinThrive Solution for
future access or for any purpose, including for archival purposes. Note that no effort to delete these ePHI
identifiers is completely effective; and FinThrive urges you to take all
reasonable precautions to avoid the submission of ePHI to these FinThrive
Solutions. When you access an FinThrive
Solution that does not require you to submit any ePHI, the FinThrive Solution has
not been designed to accept or store ePHI nor to comply with either the privacy
rules or the security rules of HIPAA.
2.3.3 PHI
DISCLAIMERS. FinThrive expressly
disclaims any liability to you for any deleted ePHI, identifiers, or data or for ePHI that you or anyone acting on your behalf
submits to the FINTHRIVE SOLUTIONS, and by agreeing to these Terms of Use, you
hereby agree to release, discharge and hold harmless FinThrive and its agents,
servants, employees, managers, directors, contractors and members from any
liability arising from and/or relating to any ePHI, identifiers, or data as well as all deleted ePHI, identifiers, or data that are entered
into an FINTHRIVE SOLUTION that does not require the submission, Posting or
transmission of ePHI.
2.3.4 General Precautions. In the
FinThrive Solutions that require the submission, posting or transmission of ePHI,
FinThrive strives to prevent unauthorized access to your personally identifiable
information and have put in place physical, electronic and managerial
procedures to attempt to safeguard and secure your information. FinThrive will not disclose your ePHI without
first obtaining your consent, unless FinThrive is required by law to make such
disclosures. (An example of this includes such requirements as a governmental
audit.) Note again that no safeguards or
security procedures are completely effective.
FinThrive urges you to take all reasonable precautions to protect your
personal data and never to share your username and password with anyone.
Occasionally, in a scam known as “phishing,” mass e-mailers will send messages
that claim to be from FinThrive, or one of our programs or services. They may use our name, logo or employee
e-mail addresses in fraudulent e-mails trying to make you believe you are
dealing with a legitimate request for personal information. These fraudulent e-mails often create a false
sense of urgency intended to prompt the recipient to take immediate
action. You should take all reasonable
precautions to confirm that any e-mails you receive are legitimate, so as to protect your personal data.
2.4 Interactive Areas.
2.4.1 Communications. FinThrive may provide areas in the FinThrive Solutions where you or
others or both may post messages or transmit communications (“Interactive
Areas”). FinThrive may restrict access to these Interactive Areas. FinThrive
may, but is under no obligation to, review, record, use, monitor, block, edit,
or remove any communications and materials posted in the Interactive Areas. FinThrive
does not endorse, represent, or warrant any statements by you or any other user
in any Interactive Areas, and these statements do not necessarily reflect the
views of FinThrive or its affiliates. You represent and warrant that you will not
use any Interactive Area for any purpose that is unlawful or prohibited by
these Terms of Use. In addition, you
represent and warrant that you will not post any ePHI or identifiers to the
Interactive Areas. From time-to-time, FinThrive may post supplementary “Acceptable
Use Requirements” describing appropriate conduct in Interactive Areas, and
you agree to comply with those Acceptable Use Requirements each time you use an
Interactive Area.
2.4.2. FinThrive
Community Portal. If you are accessing the FinThrive Community Portal (the “Community
Portal”), then the following terms under this Section 2.4.2 apply to
your use and access of the Community Portal. Much of the content from FinThrive
Customer Community Portal may come from users and is the responsibility of the
person or people who made such postings. In particular, the
Community Portal provides areas for customers to interact with other customers
via discussion boards and public or private collaboration groups. If you post
content to a collaboration group that is designated as “public”, then any of
your content will be available to all users. If you post content to a
collaboration group that is designated as “private”, then any of your content
will be available to all users who are members of the private group. FinThrive
does not take any responsible for the content posted by users and may restrict
access to these Interactive Areas.
2.5 Confidentiality. “Confidential
Information” means all information and data regarding FinThrive or the
FinThrive Solutions that is identified as confidential and proprietary or that
you should reasonably know is confidential. You must not disclose Confidential
Information to third parties and must protect any Confidential Information with
the same degree of care as you use to protect your own confidential
information, but in no event less than a reasonable degree of care. You
represent and warrant that you will not use, reveal, relay, expose, make known,
or provide any Confidential Information you receive through the FinThrive
Solutions to any third parties (even to those third parties who already have
access to the Confidential Information) for any purpose, including but not
limited to leveraging lower prices from suppliers.
2.6 Dealings with Third-Parties and
Third-Party Obligations. Any dealings with third parties that you make through or in connection with your use of the FinThrive Solutions or the
Marketplace are governed by your agreement with that third party. You represent
and warrant that your use of the FinThrive Solutions and its contents does not
violate any obligations (including, but not limited to, contractual or
fiduciary duties) that you may have to third parties.
2.7 Compliance with Laws. In using the FinThrive
Solutions, you must comply at all times with all
applicable laws, rules, and regulations. You agree that you will not transfer
or export the FinThrive Solutions into any country or use the FinThrive Solutions in
any manner prohibited by the U.S. Export Administration Regulations or any
other applicable export control law, restriction, or regulation.
3. THIRD PARTY
CONTENT.
The FinThrive Solutions may contain content
provided to FinThrive by third parties (each, a “Third-Party Provider”). Third-Party
Providers may retain independent intellectual property ownership rights in such
third-party content. Use of the FinThrive Solutions requires you to accept all
terms and conditions passed through from Third-Party Providers. Third-Party
Provider pass-through terms are provided in Exhibit A and/or in the relevant
FinThrive Solution application, and are incorporated by reference into these
Terms of Use. To the maximum extent permitted by applicable law, the software
provided by the Third-Party Provider hereunder is provided "as is"
without any condition or warranty whatsoever by the Third-Party Provider. The entire risk associated with the
installation and use of the software resides with you. All other conditions or warranties, either
express or implied, are disclaimed, including, without limitation, the implied
conditions or warranties of merchantability, ownership and fitness for a particular purpose.
The Third-Party Provider will not be liable to you for any direct, indirect,
incidental, consequential, special or other damages. FinThrive shall pass through to you any
third-party licensing fees applicable to the FinThrive Solutions. Any third-party
licensing fees will be set forth in your statement of work with FinThrive or
through subsequent written notice.
4. INTELLECTUAL PROPERTY
4.1 Data Ownership. You own any data that you provide, in the
past or future, for use with the FinThrive Solutions, and you represent and
warrant that you will only provide data that you own or you are fully
authorized to use or disclose in compliance with applicable law. You hereby
specifically agree to release and hold harmless FinThrive for all claims arising
from and/or relating to the use or disclosure of data that you provide to or in
the FinThrive Solutions, including but not limited to intellectual property
claims. For its own business purposes, FinThrive
has the right to access, manipulate, mask, filter, analyze, use, display, and
store any data (excluding Protected Health Information or ePHI) that you
provide to or in the FinThrive Solutions and your agreement to these Terms of Use
serves as your specific consent and authorization for FinThrive to access,
manipulate, mask, filter, analyze, use, display, and store any data that you
provide to or in the FinThrive Solutions.
4.2 Feedback. From time-to-time, FinThrive
may seek or you may offer general feedback, comments, input, or ideas regarding
your use of the FinThrive Solutions or the FinThrive Solutions’ features and
functionality generally (“Feedback”). In addition, you will likely
develop some output using the FinThrive Solutions, including but not limited to
creating custom reports (“Output”). FinThrive welcomes your Feedback and
encourages you to use all the functions available in the FinThrive Solutions to
create Output. Any Feedback that you give to us (either oral or written) or any
Output that you develop using the FinThrive Solutions is FinThrive’s
exclusive property. Your submission of any Feedback or development of any
Output constitutes an assignment to FinThrive of all rights, title, and interest
in all copyrights or intellectual property rights in the Feedback or Output. FinThrive
may use, distribute, manipulate, disclose, publish, or reproduce any Feedback
or Output related to your use of the FinThrive Solutions, without notice or
compensation to you.
4.3 Navigational Data. From time-to-time, FinThrive
may use technical methods to track and analyze traffic patterns in the FinThrive
Solutions, such as the frequency with which you and other users are visiting
various parts of the application. FinThrive may also use tools to measure and
collect session information, including page response time, download errors,
length of visits, etc. FinThrive may use this information or employ a third party
to help FinThrive analyze this information to measure site activity, develop new
ideas for improving the FinThrive Solutions, and for its business purposes.
4.4 Marks. You must not remove, alter, deface, obscure,
or otherwise modify any of FinThrive’s Marks that are
displayed on the FinThrive Solutions or any Output, whether those FinThrive Marks
are displayed or otherwise rendered by software or on printed media. In addition, you must not adopt or otherwise
use any Marks containing confusingly similar names, designs, or other indicia
to FinThrive’s Marks nor dilute FinThrive’s
Marks in any manner. “Marks”
means all proprietary indicia, trademarks, trade names, symbols, logos, or
brand names FinThrive adopts to identify FinThrive, its products, or any related
parties.
4.5 IP Rights. FinThrive retains title and all other ownership
and proprietary rights in and to its IP Rights, and any and
all derivative works based on the IP Rights. This ownership and IP
Rights include any and all rights in and to patents,
trademarks, copyrights, and trade secret rights. The IP Rights are not “work made for hire”
within the meaning of U.S. Copyright Act 17 U.S.C. Section 101. You must not
copy or reproduce all or any part of the IP Rights, whether electronically,
mechanically, or otherwise, in any form including, but not limited to, the
copying of data, presentation, style, or organization. “IP Rights” mean the
FinThrive Solutions and all source code, object code, documentation (whether
electronic, printed, written or otherwise), working papers, non-client data, programs,
diagrams, models, drawings, flow charts, and research (whether in tangible or
intangible form or in written or machine-readable form), and all techniques,
processes, inventions, knowledge, know-how, trade secrets (whether in tangible
or intangible form or in written or machine-readable form), developed or
provided by FinThrive.
5. SECURITY
5.1 Security Protections. The FinThrive Solutions
are hosted in a secure server environment and uses security measures understood
in the industry to be adequate to protect the transmission of sensitive
information. FinThrive takes security precautions by regularly monitoring its
environment and using firewall technologies to prevent interference or access
from outside intruders, hackers, or other destructive programs. In addition, FinThrive
uses server authentication and data encryption to protect data in the FinThrive
Solutions.
5.2 Security Procedures for Breach. FinThrive will promptly
notify you of any known unauthorized activity or security breach affecting your
account and will use commercially reasonable efforts to restore security to
your account. Each party is solely responsible for the preservation, privacy,
and security of data in its possession, including data in transmissions
received from the other party. If either party receives from the other, data
that the party knows or reasonably should know is not intended for it, the
receiving party will immediately notify the sender to arrange for its return,
retransmission, or destruction, as the other party directs.
5.3 Backup Your Content. You must back up, to your own computer or
other device, any important documents, images, or other content that you store or
access via the FinThrive Solutions. FinThrive does not guarantee or warrant that
any content you may store, submit to, or access through the FinThrive Solutions will
not be subject to inadvertent damage, corruption, or loss.
6. MODIFICATION OF TERMS AND SERVICE
FinThrive reserves the right to modify these
Terms of Use at any time including to add additional terms and conditions
related to the specific content in the FinThrive Solutions. FinThrive will provide you
with notification after any such modification of the Terms of Use to indicate
that a change has been made, and you will have a reasonable opportunity to
review the modified Terms of Use prior to its effective date. You will be
required to review and accept the new Terms of Use once they are effective
prior to accessing any FinThrive Solution. If you do not agree to any Terms of
Use (including any updates or modifications to the Terms of Use), then you
should not continue to access or use any of the FinThrive Solutions once the
modifications are effective, and you should alert your FinThrive representative
of any questions or for a refund if you have paid any prepaid fees.
7. TERM AND TERMINATION
7.1 Term. The term of this License
(“Term”) commences upon your acceptance of these Terms of Use and,
subject to Section 7.2 below, terminates on the date specified in your
Master Agreement.
7.2 FinThrive’s
Right to Terminate.
FinThrive may suspend your access to the FinThrive Solutions if it determines, in
its sole discretion, that: (i) you are violating
these Terms of Use; (ii) if your fees for any FinThrive Solution are not paid by
the stated payment due date, and the failure to pay continues after FinThrive has
notified you in writing pursuant to the timeframes set forth in your Master
Agreement; or (iii) you are taking or facilitating any action that puts FinThrive,
its customers, its systems, or its data at risk in any manner. FinThrive may
provide you with a 10-day period to cure any alleged violations but has no
obligation to allow you access to the FinThrive Solutions during the 10-day
period. If you fail to cure any alleged violation within this 10-day period or
if the violation is not capable of being cured, then FinThrive may terminate your
access to the FinThrive Solutions.
7.3 Effect of Termination. Upon termination, FinThrive
will disable your FinThrive ID. Termination of your access to the FinThrive
Solutions should not affect your access to the Marketplace or any other third party applications contained therein. You must not attempt to access or use the
FinThrive Solutions or represent in any form that you have access to the FinThrive
Solutions.
8. ASSIGNMENT AND SUCCESSORS
FinThrive may assign any of its rights or
obligations under this License. You may not assign any of your rights or
obligations under this License without FinThrive’s
prior written consent, and any purported assignment by you without FinThrive’s prior written consent is void. Subject to the
previous sentence, this License will be binding upon, enforceable by, and inure
to the benefit of the parties and their respective successors and assigns.
9. NOTICES
Any questions, comments or legal notices
regarding these Terms of Use or FinThrive Portal must be sent by a mail delivery
system that can be tracked to the following address: FinThrive, Inc., 200 North
Point Center East Suite 600, Alpharetta, Georgia, 30022; Attn: Legal Department;
with an electronic copy to notices@finthrive.com and rmcontracts@finthrive.com.
10. SURVIVING PROVISIONS
Sections: 2.5 (Confidentiality), 3 (Third-Party
Content); 4 (Intellectual Property), 10 (Surviving Provisions); 11 (Severability
and Waiver); and Exhibit A will survive any termination or expiration of this
Agreement and continue in full force and effect.
11. SEVERABILITY AND WAIVER
If any part of these Terms of Use is for any
reason found to be unenforceable, then the unenforceable provision is reformed
to conform to the law and all other parts of these Terms of Use nevertheless
remain enforceable. A waiver of
enforcement of any terms or conditions contained in these Terms of Use will be
effective only if the waiver is in a writing signed by authorized
representatives of both parties. Unless specified in the written waiver, a
waiver of a breach does not waive: (a) any other or subsequent breach of that
term or condition; or (b) any other or subsequent breach of any other term or
condition.
12. CONTROLLING TERMS. In the event of any conflict between any term
or condition of these Terms of Use and any term or condition in your FinThrive
Master Services Agreement or similar governing document (the “Master
Agreement”), the term or condition in the Master Agreement shall control.
AUTHORIZATION
By clicking “I AGREE,” you represent and warrant that you have the requisite
organizational authority and full power to accept the Terms of Use and the Third-Party
Provider pass-through terms set forth in Exhibit A.
EXHIBIT A
THIRD-PARTY CONTENT
PROVIDERS PASS-THROUGH TERMS
The FinThrive Solutions may contain third-party
content or content that is licensed to FinThrive for use with the FinThrive
Solutions by other Third-Party Providers (collectively, “Third-Party Content”).
Use of any FinThrive Solution that contains Third-Party Content is conditioned
upon your acceptance of the terms set forth in this Exhibit A. If you do not
agree to the terms and conditions contained in this Exhibit A, then you will
not be able to access any FinThrive Solution that contains Third-Party Content,
and you should contact your FinThrive representative for a refund if you have
paid any pre-paid fees.
Except as noted herein or as specified in your
Master Agreement or within the FinThrive Solutions, Third-Party Content is never
distributed to you. In using the FinThrive Solutions with Third-Party Content,
FinThrive does not provide you with a tangible copy or a transfer of a local copy
of any Third-Party Content. Further, FinThrive does not enable you to make or
receive copies of any Third-Party Content and you must not attempt to make or
receive copies of such Third-Party Content contained in the FinThrive Solutions.
The FinThrive Solutions may contain software or
components from the open source community that are licensed under the specific
terms applicable to such software. Except as noted herein or as specified in
your Master Agreement or within the FinThrive Solutions, FinThrive does not
redistribute any open source software and therefore specific conditions of open
source licenses to provide notices or further requirements are not triggered or
required.
Nevertheless, this Exhibit A and the
corresponding Schedules contain common licenses of components that are
contained within the FinThrive Solutions. Specific additional copyright notices
may also be found in the FinThrive Solutions.
·
Apache
2.0: see Schedule 1
·
MIT:
see Schedule 2
·
BSD:
see Schedule 3
·
GPL
v2: see Schedule 4
·
MS-PL:
see Schedule 5
·
LGPL
v2: see Schedule 6
·
CPOL
1.02: see Schedule 7
·
Open
SSL License: see Schedule 8
·
Mozilla
Public License: see Schedule 9
·
Creative
Commons: see Schedule 10
If you have any questions regarding FinThrive’s use of Third-Party Content, please contact your
FinThrive representative or e-mail your question to RevenueRequests@finthrive.com.
AUDIT,
CDI, CODING, TRANSCRIPTION, CATALYST, AND PLATFORM (COLLECTIVELY, THE HIM SOLUTIONS)
If you are licensed to use the redistributed
portion of the HIM Solutions, then the following terms and conditions apply to
you:
Component |
License |
Schedule |
Copyright
Notice |
AvalonDock |
BSD |
see Schedule 3 |
Copyright (c) 2007-2013, Xceed
Software Inc. |
Log4Net |
Apache 2.0 |
see Schedule 1 |
|
IniFile |
CPOL 1.02 |
see Schedule 7 |
|
SharpZipLib |
MIT |
see Schedule 2 |
Copyright © 2000-2016 SharpZipLib
Contributors |
WPFControls Intellibox |
MIT |
see Schedule 2 |
Copyright (c) 2010 Stephen P Ward and Joseph E Feser |
WPFToolkit.Extended |
Ms-PL |
see Schedule 5 |
|
AutoMapper |
MIT |
see Schedule 2 |
Copyright (c) 2010 Jimmy Bogard |
DocumentFormat.OpenXml 2.5 |
Apache License Version 2.0 |
see Schedule 1 |
|
CLAIMSHOP
If you are licensed to use Claimshop, then the following terms and
conditions apply to you:
Claimshop contains content licensed to
it through Enterprise Distributed Technologies Pty Ltd, subject to the
following disclaimer:
THIS SOFTWARE IS PROVIDED ``AS IS''
AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE
IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR
PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL ANY PERSON WHO HAS CONTRIBUTED
TO OR IS THE OWNER OF ANY PART OF THIS SOFTWARE BE LIABLE FOR ANY DIRECT,
INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING,
BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE,
DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF
LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE
OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF
ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
Parts of this software Copyright ©
2004-2006 Enterprise Distributed Technologies Ltd. All Rights
Reserved.
Parts of this software Copyright ©
2002-2003 The KPD-Team. All Rights
Reserved
Parts of this software Copyright © 2004, Routrek Networks. All Rights Reserved
Parts of this software Copyright ©
2002, Chew Keong Tan. All Rights Reserved
Parts of this software Copyright ©
2006, ComponentAce. All Rights Reserved
Parts of this software Copyright ©
2006, Google Inc. All Rights
Reserved
ABN MANAGEMENT (F/K/A ABN MANAGER), STATE REPORTING AUDITOR
(F/K/A AUDITOR), CAREPRICER, CHARGE CAPTURE AUDIT (F/K/A CCA), CDM ENTERPRISE, CDM
MANAGER, CDM MASTER, CLAIMS MANAGEMENT, COLLECTIONS MANAGEMENT, CONTRACT
MODELER, DENIALS MANAGEMENT (F/K/A XCLAIM, XCOLLECT, XDM), CLINICAL CODING
EXPERT, HARVEST CONTRACT MANAGEMENT SYSTEM, KNOWLEDGE SOURCE, KNOWLEDGE SOURCE
PROFESSIONAL (F/K/A KNOWLEDGE SOURCE PRO), RECOVERY AUDIT MANAGER (F/K/A MEDASSETS
CLAIMS AUDITOR), INTEGRATED CODE CHECK VIA WEB SERVICES OR INTEGRATED CODE
CHECK VIA DATA FILES (F/K/A MEDASSETS CONTENT SERVICES), REVENUEDASHBOARD, AND
STRATEGIC PRICING (COLLECTIVELY, THE “FINTHRIVE SOLUTIONS WITH AMA CONTENT”)
If you are licensed to
use any FinThrive Solutions with AMA Content, then the following terms and
conditions apply to you:
AMA END USER AGREEMENT
The FinThrive Solutions
with AMA Content contain content licensed to FinThrive by the American Medical
Association (the “AMA Content”). As such, use of the FinThrive Solutions
with AMA Content and any AMA content contained in these solutions are subject
to additional terms and conditions from the AMA as stated below. Please
carefully read the following terms and conditions before accessing and using
the FinThrive Solutions with AMA Content.
By clicking “I AGREE” and
accessing and using any FinThrive Solutions with AMA Content, you (as an “End
User”) acknowledge your acceptance of these terms and conditions (the “AMA
End User Agreement”). You also acknowledge that you have read the AMA End
User Agreement and agree to abide by and be bound to the AMA End User
Agreement. As used in this AMA End User Agreement, “AMA” means the
American Medical Association a not‑for‑profit corporation, located
at 515 North State Street, Chicago, Illinois 60654, USA. “End User”
means both you, as an individual, and the company you represent.
If you do not agree with
the terms and conditions of the AMA End User Agreement, then you will not be
allowed to access the FinThrive Solutions with AMA Content and you should contact
your FinThrive representative for a refund.
1. Grant of Rights, Restrictions and
Obligations
(a) The End User Agreement(s) will identify the
Editorial Content licensed from the AMA and state that the license granted is a
nontransferable, nonexclusive license, for the sole purpose of internal use by
End User within the Territory.
(b) The End User Agreement(s) will state that the
End User is prohibited from publishing, distributing via the Internet or other
public computer based information system, creating derivative works (including
translating), transferring, selling, leasing, licensing or otherwise making
available to any unauthorized party the Electronic Licensed Product(s), or a
copy or portion of Electronic Licensed Product(s).
(c) The End User Agreement(s) will specify that
provision of updated Editorial Content in the Electronic Licensed Product(s) is
dependent on continuing contractual relationship between FinThrive and the AMA.
(d) The End User Agreement(s) will state that the
End User must ensure that anyone with authorized access to the Electronic
Licensed Product(s) will comply with the provisions of the End User Agreement.
(e) The End User Agreement(s) will state Users of
CPT Editorial Content, AMA’s version of ICD-10-CM/PCS, AMA’s version of HCPCS,
and SNOMED CT® Maps are defined as follows:
“User” means an individual
who:
(i) accesses, uses,
or manipulates CPT Editorial Content and/or AMA’s version of ICD-10-CM/PCS
and/or AMA’s version of HCPCS and/or SNOMED CT® Maps, as applicable,
contained in the Electronic Licensed Product; or
(ii) accesses, uses, or manipulates the Electronic
Licensed Product to produce or enable an output (data, reports, or the like)
that could not have been created without the CPT Editorial Content and/or AMA’s
version of ICD-10-CM/PCS and/or AMA’s version of HCPCS and/or SNOMED CT®
Maps, as applicable, embedded in the Electronic Licensed Product(s) even though
CPT Editorial Content and/or AMA’s version of ICD-10-CM/PCS and/or AMA’s
version of HCPCS and/or SNOMED CT® Maps, as applicable, may not be
visible or directly accessible; or
(iii) makes use of an output of the Electronic
Licensed Product that relies on or could not have been created without the CPT
Editorial Content and/or AMA’s version of ICD-10-CM/PCS and/or AMA’s version of
HCPCS and/or SNOMED CT® Maps, as applicable embedded in the
Electronic Licensed Product even though CPT Editorial Content and/or AMA’s
version of ICD-10-CM/PCS and/or AMA’s version of HCPCS and/or SNOMED CT®
Maps, as applicable, may not be visible or directly accessible.
The End User Agreement(s)
will state End User shall accurately calculate Users as defined above for CPT
Editorial Content and/or AMA’s version of ICD-10-CM/PCS and/or AMA’s version of
HCPCS, as contained in each Electronic Licensed Product, as applicable, in
accordance with the methods for the User Proxy Model Product Categories of
Electronic Licensed Product(s) as detailed in the User Proxy Model Calculator
in Exhibit A to the End User Agreement Checklist, and/or such other model as
required by FinThrive under the license agreement between FinThrive and AMA. End User shall report to FinThrive the accurately
calculated number of Users of CPT Editorial Content and/or AMA’s version of
ICD-10-CM/PCS and/or AMA’s version of HCPCS, as contained in each Electronic
Licensed Product, as applicable, using this methodology (in order that FinThrive
may accurately report and pay royalties to the AMA).
The End User Agreement(s)
will state End User shall accurately count Users as defined above for CPT
Editorial Content and/or AMA’s version of ICD-10-CM/PCS and/or AMA’s version of
HCPCS and/or SNOMED CT® Maps, as contained in each Electronic
Licensed Product, as applicable, where FinThrive advises End User that FinThrive
and End User are obligated to count Users in accordance with the license
agreement between FinThrive and the AMA.
End User shall report to FinThrive the accurately counted number of Users of
CPT Editorial Content and/or AMA’s version of ICD-10-CM/PCS and/or AMA’s
version of HCPCS and/or SNOMED CT® Maps, as contained in each
Electronic Licensed Product, as applicable (in order that FinThrive may
accurately report and pay royalties to the AMA).
2. Notices
(a) The End User Agreement(s) will state that CPT
is copyrighted by the AMA and that CPT is a registered trademark of the AMA.
(b) The End User Agreement(s) will include the
“U.S. Government Rights” notice as provided in section 8.2.1, Notices and Disclaimers, Electronic Licensed Products, U.S.
Government Rights of the license agreement between FinThrive and the AMA as
follows:
U.S. Government Rights
This product includes CPT which is commercial technical
data, which was developed exclusively at private expense by the American
Medical Association (AMA), 330 North Wabash Avenue, Chicago, Illinois 60611. The AMA does not agree to license CPT to the
Federal Government based on the license in FAR 52.227-14 (Data Rights -
General) and DFARS 252.227-7015 (Technical Data - Commercial Items) or any
other license provision. The AMA
reserves all rights to approve any license with any Federal agency.
3. Back Up Rights
(a) The End User Agreement(s) will state that the
End User may only make copies of the Electronic Licensed Product(s) for back up
or archival purposes.
(b) The End User Agreement(s) will state that all
notices of proprietary rights, including trademark and copyright notices, must
appear on all permitted back up or archival copies made.
4. Contract Assent Mechanism
(a) If a written contract is used, an authorized
official of both FinThrive and End User must execute the agreement in writing.
(b) If a shrink-wrap or click-wrap license is
used, use of the Electronic Licensed Product(s) must be limited to the U.S.
(c) If a shrink-wrap license is used, the
following notice must appear in boldface type in a conspicuous location so it
can be seen prior to opening the Electronic Licensed Product(s) package:
Carefully read the following terms and conditions before
opening and using the <ABN Management, CDM Manager, Knowledge Source, Recovery Audit Management>. Opening and using <ABN Management, CDM Manager, Knowledge Source, Recovery Audit Management> acknowledges your acceptance of these
terms and conditions. If you do not
agree with these terms and conditions, you should return the <ABN Management, CDM Manager, Knowledge Source, Recovery Audit Management> package within a reasonable time and your money
will be refunded.
(d) If a click-wrap agreement will be used, each
End User must indicate acceptance of the terms of the End User Agreement by an
appropriate mechanism provided for that purpose. For purposes of this Agreement, “click-wrap
agreement” means a license agreement that: (i)
appears on a computer screen or Web page; (ii) requires End Users to see the
terms of the license agreement before indicating acceptance; (iii) includes a
computer program or Web page mechanism which requires End Users to accept the
terms of the End User Agreement prior to accessing Editorial Content (for
example, by pointing the cursor at a “I Accept” box and indicating by clicking
that they accept the terms); and (iv) includes a mechanism to keep a record of
the End User’s acceptance of the End User Agreement.
5. Miscellaneous
(a) The
End User Agreement(s) will limit, to
the extent possible under the applicable laws, the warranties and liability for
Editorial Content as contained in the Electronic Licensed Products, stating
that Editorial Content as contained in the Electronic Licensed Products is
provided “as is” without any liability to the AMA, including without
limitation, no liability for consequential or special damages, or lost profits
for sequence, accuracy, or completeness of data, or that it will meet the End
User’s requirements, and that the AMA’s sole responsibility is to make
available to FinThrive replacement copies of the Editorial Content if the data is
not intact; and that the AMA disclaims any liability for any consequences due
to use, misuse, or interpretation of information contained or not contained in
Editorial Content.
(b) The End User Agreement(s) will state that it
will terminate in the event of default.
(c) The End User Agreement(s) will require a
license fee or other consideration.
(d) The End User Agreement(s) will state that in
the event a provision is determined to violate any law or is unenforceable the
remainder of the End User Agreement will remain in full force and effect.
(e) AMA shall be named as a third-party
beneficiary of the End User Agreement(s).
(f) The End User Agreement(s) will state End
User grants FinThrive permission to provide the AMA with End User’s name.
6. further restrictions on end user use of
ama content.
End
User is not permitted to print any document that contains any AMA
content from the FinThrive Solutions without emailing and requesting consent from
amaoutput@finthrive.com. Unless
the end user is the licensed named user of the FinThrive Solutions, end user may
not allow any other person to access, use or manipulate any AMA Content or make
use of an output from the FinThrive Solutions under any circumstance unless end
user has requested prior written consent from FinThrive, via
AMAOUTPUT@FinThrive.com.
RECOVERY AUDIT MANAGEMENT (F/K/A CLAIMS AUDITOR), CDM
MANAGER, CDM MASTER, CONTRACT MANAGEMENT (F/K/A CONTRACT MANAGER), CONTRACT
MODELING (F/K/A CONTRACT MODELER), COST-TO-CHARGE ANALYTICS: SUPPLY (F/K/A
CROSSWALK), COST-TO-CHARGE ANALYTICS: PHARMACY (F/K/A CROSSWALK PHARMACY),
KNOWLEDGE SOURCE, REVENUEDASHBOARD, PRICE MASTER, CLAIMS MANAGEMENT (F/K/A
XCLAIM, XCOLLECT, XDM), DENIALS MANAGEMENT, COLLECTIONS MANAGEMENT, CLAIMSHOP,
TRANSPLANT MANAGER, EPISDE MANAGER, CLINICAL CODING EXPERT, AND FINTHRIVE CONTENT
SERVICES
(COLLECTIVELY, THE “FINTHRIVE SOLUTIONS WITH AHA CONTENT”)
If you are licensed to
use any FinThrive Solutions with AHA Content, then the following terms and
conditions apply to you:
AHA END USER AGREEMENT
The FinThrive Solutions
with AHA Content contain content licensed to FinThrive by the American Hospital
Association (the “AHA Content”). As such, use of the FinThrive Solutions
with AHA Content and any AHA content contained in these solutions are subject
to additional terms and conditions from the AHA as stated below. Please
carefully read the following terms and conditions before accessing and using
the FinThrive Solutions with AHA Content.
By clicking “I AGREE” and
accessing and using any FinThrive Solutions with AHA Content, you (as an “End
User”) acknowledge your acceptance of these terms and conditions (the “AHA
End User Agreement”). You also acknowledge that you have read the AHA End
User Agreement and agree to abide by and be bound to the AHA End User Agreement.
As used in this AHA End User Agreement, “AHA” means the American
Hospital Association, Health Forum, LLC (“Health Forum”), an Illinois
limited liability company, located at 155 N. Wacker Dr., Suite 400, Chicago, IL
60606 and any “Affiliate”, which means and includes any person,
corporation, firm, partnership, limited liability company, association, or
other entity controlling, controlled by or under common control with a party
and/or its shareholders or owners. Without limiting the foregoing, Affiliates of
Health Forum include the AHA, the National Uniform Billing Committee, the
Editorial Advisory Board for ICD-9-CM, and the Editorial Advisory Board for
HCPCS. “End User” means both you, as an individual, and the company you
represent.
If you do not agree with
the terms and conditions of the AHA End User Agreement, then you will not be
allowed to access the FinThrive Solutions with AHA Content and you should contact
your FinThrive representative for a refund.
1.
License Grant;
Restrictions.
(a)
The
AHA Content incorporated into the FinThrive Solutions with AHA Content is
provided solely for the internal business use of the End Users; for the
avoidance of doubt, this will not include independent contractors unless such
contractors are subject to these terms and conditions.
(b)
Solely
in connection with the FinThrive Solutions with AHA
Content, the End Users shall have the right during the term of the AHA End User
Agreement to:
a.
Install
and use the AHA Content on a computer system at each End User location;
b.
Reproduce
and distribute excerpts of AHA Content without modification in various printed
and electronic documents solely for purposes of claims processing, billing and
patient treatment, via commands contained in the FinThrive Solutions with AHA
Content;
c.
Print
limited portions of the AHA Content on a specific topic, without any
modification to the excerpt and solely for the exclusive use of the End User, as long as the source of the excerpt(s), copyright notice
specified in Section 2 and government rights notices specified in Section 3 are
printed on the printout(s); and
d.
Make
copies of the FinThrive Solutions with AHA Content for back up or archival
purposes only; provided that, all copyright notices specified in Section 2 and
government rights notices specified in Section 3 appear on all permitted back
up or archival copies that are made.
(c)
Notwithstanding
the foregoing, End Users are prohibited from publishing, distributing via the
Internet or other public electronic information system, creating derivative works
(including translations), modifying, transferring, selling, leasing, licensing
or otherwise making available to any unauthorized party the AHA Content, or a
copy or portion of the AHA Content.
(d)
FinThrive’s right to provide the AHA Content to the
End User in connection with the FinThrive Solutions with
AHA Content pursuant to the AHA End User Agreement is dependent upon the
continuation of the contractual relationship between FinThrive and Health Forum.
If this contractual relationship expires or is otherwise terminated, the AHA
End User Agreement will be immediately terminated and the End User will be
required to discontinue all use of the AHA Content pursuant to this Agreement.
(e)
End
User shall ensure that anyone with authorized access to the FinThrive Solutions
with AHA Content will comply with the provisions of the AHA End User Agreement.
2. Copyright Notices. FinThrive
shall include the appropriate copyright notice set forth below upon first
access to the FinThrive Solutions with AHA Content in
connection with AHA Content. From time to time, FinThrive may update the FinThrive
Solutions with AHA Content to include updated versions of the AHA Content (“Updated
Products”). When FinThrive provides the
End User with the Updated Products, FinThrive will advise End User that the year
in the copyright notice below will reflect the current year.
a.
UB-04 Manual.
OFFICIAL UB-04 DATA SPECIFICATIONS MANUAL and UB-04 DATA FILE, <2019>, is
copyrighted by American Hospital Association (“AHA”), Chicago, Illinois. No portion of OFFICIAL UB-04 MANUAL may be
reproduced, sorted in a retrieval system, or transmitted, in any form or by any
means, electronic, mechanical, photocopying, recording or otherwise, without
prior express, written consent of AHA.”
b.
ICD-10-CM Coding Clinic. Copyright (2019),
American Hospital Association (“AHA”), Chicago, Illinois. Reproduced with
permission. No portion of this
publication may be reproduced, sorted in a retrieval system, or transmitted, in
any form or by any means, electronic, mechanical, photocopying, recording or
otherwise, without prior express, written consent of AHA.
c.
HCPCS Coding Clinic.Copyright (2019), American Hospital Association (“AHA”),
Chicago, Illinois. Reproduced with permission.
No portion of this publication may be reproduced, sorted in a retrieval
system, or transmitted, in any form or by any means, electronic, mechanical,
photocopying, recording or otherwise, without prior express, written consent of
AHA.
3. U.S. Government Rights Notices.
Each AHA End User Agreement with any federal governmental agency shall
contain the following notices, as applicable.
(a) UB-04 Manual. This product contains
OFFICIAL UB-04 DATA SPECIFICATIONS MANUAL, 2012 content which is commercial
technical data and/or computer data bases and/or commercial computer software
and/or commercial computer software documentation, as applicable, which was
developed exclusively at private expense by the American Hospital Association (“AHA”),
155 N. Wacker Dr., Suite 400, Chicago, Illinois 60606. U.S. government rights to use, modify,
reproduce, release, perform, display, or disclose these technical data and/or
computer data bases and/or computer software and/or computer software
documentation are subject to the limited rights restrictions of DFARS 252.227-7015(b)(2)
(November 1995) and/or subject to the restrictions of DFARS 227.7202-1(a) (June
1995) and DFARS 227.7202-3(a) (June 1995), as applicable, for U.S. Department
of Defense procurements and the limited rights restrictions of FAR 52.227-14
(December 2007) and/or subject to the restricted rights provisions of FAR
52.227-14 (December 2007) and FAR 52.227-19 (December 2007), as applicable, and
any applicable agency FAR Supplements, for non-Department of Defense Federal
procurements.
4. Miscellaneous.
(a)
FINTHRIVE
AND THE OWNER OF THE AHA CONTENT PROVIDE THE AHA CONTENT “AS IS,” AND EXPRESSLY
DISCLAIM ALL WARRANTIES, CONDITIONS, REPRESENTATIONS, INDEMNITIES AND
GUARANTEES, WHETHER EXPRESS OR IMPLIED, ARISING BY LAW, CUSTOM, OR PRIOR ORAL
OR WRITTEN STATEMENTS BY COMPANY/RESELLER AND THE OWNER OF THE AHA CONTENT WITH
RESPECT TO THE AHA CONTENT (INCLUDING, BUT NOT LIMITED TO ANY WARRANTY OF
SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE, TITLE
AND NON-INFRINGEMENT, ACCURACY, TIMELINESS, AND COMPLETENESS) TO THE MAXIMUM
EXTENT ALLOWED BY LAW. COMPANY/RESELLER
AND THE OWNER OF THE AHA CONTENT FURTHER DISCLAIM, AND SHALL HAVE NO LIABILITY
FOR, ANY ERRORS, OMISSIONS OR INACCURACIES IN THE AHA CONTENT OR ANY USES,
MISUSES OR INTERPRETATIONS OF THE INFORMATION CONTAINED IN OR NOT CONTAINED IN
THE AHA CONTENT. FINTHRIVE AND THE OWNER
OF THE AHA CONTENT ALSO DO NOT WARRANT THAT THE AHA CONTENT WILL BE ACCESSIBLE
IN ANY PARTICULAR HARDWARE/SOFTWARE ENVIRONMENT. END USER SHALL BE SOLELY RESPONSIBLE
FOR THE USE, EFFICIENCY, AND SUITABILITY OF THE AHA CONTENT.
(b)
Health
Forum and its Affiliates are third-party beneficiaries of the AHA End User
Agreement. Nothing in this Agreement
shall be interpreted or construed as giving any rights or benefits to anyone
other than Health Forum, its
Affiliates, FinThrive and the End User.
(c)
End
User shall keep at its principal place of business complete and accurate
records and accounts covering all transactions relating to the AHA End User
Agreement, including a list of all End Users, for at least five years following
the year to which such records and accounts pertain. End User will also provide
FinThrive or its authorized agent with reasonable access, without charge, to
review or audit the relevant books, records and systems of End User to assure
compliance with the terms of this AHA End User Agreement. FinThrive agrees to give the End User at least
30 days’ prior written notice of its exercise of audit rights under the AHA End
User Agreement.
KNOWLEDGE SOURCE (INCLUDING PRO, ADVANCED, BUILDER, WEB
SERVICES AND DATA FILES), CDM PRODUCTS, PRECYSE CODE AND PRECYSE CDI (COLLECTIVELY,
THE “FINTHRIVE SOLUTIONS WITH ADA CONTENT”)
If you are licensed to
use any FinThrive Solutions with ADA Content, then the following terms and
conditions apply to you:
ADA END USER LICENSE AGREEMENT
1. End
User License Grant
End User is hereby granted a non-exclusive, non-transferable right to use the CDT solely as part of the Bundled Product and
solely for End User’s internal business purposes. “End User” means a Healthcare Network licensed to use a Bundled Product solely for internal business purposes, and
not
for redistribution. A “Healthcare Network” means a system that includes interrelated
and affiliated medical
groups, hospitals, clinics, physicians’ offices, skilled nursing
facilities or long-term care facilities or other healthcare facilities. This License grants End-User the right:
(a) to install and use the CDT on End User’s computer system;
(b) to retrieve CDT codes, descriptors and nomenclature via commands contained
in the
Bundled Products for the exclusive use of End User its employees;
(c) to reproduce and
distribute partial
listings of the CDT codes, nomenclature and
descriptors in
various printed and
electronic documents for purposes of claims processing, billing and
patient treatment, via commands contained in
the
Bundled Product;
(d) to print limited
portions of the CDT solely for the exclusive use of End User; and
(e) to print a complete listing
of
the CDT codes, nomenclature and descriptors solely for the
exclusive use of End
User.
2. End
User License
Restrictions
Except as expressly permitted in the “License Grant,” End User may not and may not permit anyone else to (a) copy the CDT; (b) alter, amend, change or modify the CDT, including
the
CDT codes, nomenclature and descriptors or other content of the CDT; (c) remove any copyright or other
proprietary notices, labels or marks from the CDT or from Output created
by
using the Bundled Product; (d) distribute, sell, assign, lease or otherwise transfer the CDT, including the Code or any portion
thereof, in any printed, machine-readable or other form to any other person, firm or entity, including
but
not limited to, as Output; or
(e)
use the CDT, whether on a time-sharing, remote job entry or other
multiple user arrangement. End
User
shall take reasonable measures to maintain the security of the CDT.
The restriction
set
forth in section 2(b) shall not limit End
User’s right to add additional content to the
Bundled Product (“End User Content”), provided: End User
does not alter, amend, change or modify
existing CDT codes, nomenclature and descriptors or other CDT content, and End User’s Output does not
claim or otherwise imply that such End User Content is owned, created, approved or endorsed by ADA.
IN NO EVENT SHALL END USER USE THE BUNDLED PRODUCT FOR OR ON BEHALF OF
ANY THIRD PARTY, INCLUDING BUT NOT LIMITED TO USE OF THE BUNDLED PRODUCTS TO PROVIDE CONSULTING, TIME- SHARING OR OUTSOURCING SERVICES OR TO ACT AS A
SERVICE BUREAU OPERATION.
END USER IS
EXPRESSLY PROHIBITED FROM DISTRIBUTING OUTPUT, INCLUDING THE CODE OR PORTIONS THEREOF, TO ANY PERSON, FIRM OR ENTITY. The foregoing restriction shall not be deemed to restrict the End User
from using the CDT codes in
the
ordinary course of its business, to identify procedures used in the treatment of patients and processing of insurance claims.
3. Ownership of
Intellectual Property
End
User acknowledges and agrees that ADA owns all right, title and interest (including
all copyrights and
other intellectual property rights) in
the
CDT (in all
print and machine readable forms), all other rights of commercialization, rental or sale of the CDT or any part thereof, the right to make derivatives
of
the CDT and the right to distribute the CDT and copies thereof. End user acquires no proprietary interest in the CDT, or
any
portion thereof. Except for the limited rights expressly granted to End User
herein this Agreement, all other rights in
the
CDT are owned and retained by ADA.
4. Warranty
EXCEPT AS EXPRESSLY STATED HEREIN, THE CDT IS PROVIDED "AS
IS" WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED INCLUDING, BUT NOT LIMITED TO, WARRANTIES
OF PERFORMANCE OR MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. END USER BEARS ALL RISK RELATING TO QUALITY, ACCURACY AND PERFORMANCE OF THE CDT.
5. Limitation of Liability
IN NO EVENT WILL ADA BE LIABLE FOR ANY LOST PROFITS OR
ANY DAMAGES, INCLUDING direct,
indirect, incidental, special, consequential or any other type of damages, ARISING OUT OF
THIS LICENSE AGREEMENT OR THE USE OF OR INABILITY TO USE THE CDT OR DOCUMENTATION, EVEN
IF ADA HAS BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
THIS LIMITATION OF
LIABILITY SHALL APPLY TO ANY CLAIM OR CAUSE WHATSOEVER WHETHER SUCH CLAIM OR CAUSE IS IN CONTRACT, TORT OR
OTHERWISE.
6. Indemnification
End User agrees to indemnify ADA (including
reasonable attorneys'
fees and costs of litigation) against and
hold
ADA
harmless from any and all claims, liability, losses, damages and expenses resulting from End
User's use of the CDT, in breach of any of the terms of this Agreement, or End User's use of any data or
documentation received from ADA, regardless of the form of action.
7. Third Party Beneficiary
The End User License for each
Bundled Product shall expressly state that ADA
is a direct and intended
third party beneficiary of the End User License between Licensee and End User; provided, however, ADA’s rights as a third party
beneficiary are limited solely to the End User’s use of the CDT outside the scope of the End User License.
CDM MASTER, COST-TO-CHARGE ANALYTICS: PHARMACY (F/K/A CROSSWALK
PHARMACY) AND KNOWLEDGE SOURCE (COLLECTIVELY, THE “FINTHRIVE SOLUTIONS WITH
LEXI-COMP CONTENT”)
If you are licensed to
use any FinThrive Solutions with Lexi-Comp Content, then the following terms and
conditions apply to you:
LEXI-COMP
INTEGRATED PRODUCT END-USER LICENSE AGREEMENT
The FinThrive Solutions with Lexi-Comp Content contain content
licensed to FinThrive by Lexi-Comp, Inc. (the “Lexi-Comp Product”). As
such, use of the FinThrive Solutions with Lexi-Comp Content and any Lexi-Comp
content contained in these solutions are subject to additional terms and
conditions from Lexi-Comp as stated below. Please carefully read the following
terms and conditions before accessing any FinThrive Solutions with Lexi-Comp
Content. By clicking “I AGREE” and accessing and using any FinThrive Solutions
with Lexi-Comp Content, you (as an “End User”) acknowledge your
acceptance to these terms and conditions (the “Lexi-Comp Agreement”).
You also acknowledge that you have read the Lexi-Comp Agreement and agree to
abide by and be bound to the Lexi-Comp Agreement. As used in this Lexi-Comp
Agreement, “LexiComp” means an Ohio
corporation, located at 1100 Terex Rod, Hudson, OH 44236. “End-User”
means both you, as an individual, and the company you represent.
If you do not agree with the terms and conditions of the Lexi-Comp
Agreement, then you will not be allowed to access the FinThrive Solutions with
Lexi-Comp Content and you should contact your FinThrive representative for a
refund.
Lexi-Comp Integrated Product End-User License Agreement
The Lexi-Comp Product is
a Lexi-Comp product provided to you by Lexi-Comp, Inc., contained within the FinThrive
Solutions with Lexi-Comp Content. The Lexi-Comp Product and the FinThrive
Solutions with Lexi-Comp Content: CDM Master, Cost-to-Charge Analytics:
Pharmacy (f/k/a CrossWalk Pharmacy), KnowledgeMaster, and Knowledge Source,
are all separate products provided by separate entities. The Lexi-Comp Product
is intended for use by consumers in the United States.
Your use of the FinThrive
Solutions with Lexi-Comp Content acknowledges acceptance of these restrictions,
disclaimers, and limitations. You expressly acknowledge and agree that
Lexi-Comp is not responsible for the results of your decisions resulting from
the use of the Lexi-Comp Product, including, but not limited to, your choosing
to seek or not to seek professional medical care, or from choosing or not
choosing specific treatment based on the Lexi-Comp Product.
Every effort has been
made to ensure that the information provided in the Lexi-Comp Product is
accurate, up-to-date, and complete, but no guarantee is made to that effect. In
addition, the drug information contained herein may be time sensitive.
The Lexi-Comp Product
does not endorse drugs, diagnose patients, or recommend therapy. The Lexi-Comp
Product is an informational resource designed to assist licensed healthcare
practitioners in caring for their patients and provide consumers with drug
specific information. Healthcare practitioners should use their professional judgment
in using the information provided. The Lexi-Comp Product is not a substitute
for the care provided by licensed healthcare practitioners and consumers are
urged to consult with their healthcare practitioner in all instances. The
absence of a warning for a given drug or drug combination in no way should be
construed to indicate that the drug or drug combination is safe, effective or
appropriate for any given patient. Lexi-Comp does not assume any responsibility
for any aspect of healthcare administered or not administered with the aid of
information the Lexi-Comp Product provides.
Disclaimer of Warranties
THE END-USER
ACKNOWLEDGES THAT THE LEXI-COMP PRODUCT IS PROVIDED ON AN “AS IS” BASIS. EXCEPT FOR WARRANTIES WHICH MAY NOT BE
DISCLAIMED AS A MATTER OF LAW, LEXI-COMP AND ITS AFFILIATES MAKES NO
REPRESENTATIONS OR WARRANTIES WHATSOEVER, EXPRESS OR IMPLIED, INCLUDING BUT NOT
LIMITED TO REPRESENTATIONS OR WARRANTIES REGARDING THE ACCURACY OR NATURE OF
THE CONTENT OF THE LEXI-COMP PRODUCT, WARRANTIES OF TITLE, NONINFRINGEMENT, MERCHANTABILITY
OR FITNESS FOR A PARTICULAR PURPOSE.
IN ADDITION, WITHOUT
LIMITING THE FOREGOING, THE LEXI-COMP PRODUCT HAS BEEN DESIGNED FOR USE IN THE
UNITED STATES ONLY AND COVERS THE DRUG PRODUCTS USED IN PRACTICE IN THE UNITED
STATES. LEXI-COMP PROVIDES NO CLINICAL INFORMATION OR CHECKS FOR DRUGS NOT
AVAILABLE FOR SALE IN THE UNITED STATES AND CLINICAL PRACTICE PATTERNS OUTSIDE
THE UNITED STATES MAY DIFFER SUBSTANTIALLY FROM INFORMATION SUPPLIED BY THE
LEXI-COMP PRODUCT. LEXI-COMP DOES NOT WARRANT THAT USES OUTSIDE THE UNITED
STATES ARE APPROPRIATE
The End-User
acknowledges that updates to the Lexi-Comp Product are at the sole discretion
of Lexi-Comp. Lexi-Comp makes no representations or warranties whatsoever,
express or implied, with respect to the compatibility of the Lexi-Comp Product,
or future releases thereof, with any computer hardware or software, nor does
Lexi-Comp represent or warrant the continuity of the features or the facilities
provided by or through the Lexi-Comp Product as between various releases
thereof.
Any warranties expressly
provided herein do not apply if: (i) the End-User
alters, mishandles or improperly uses, stores or installs all, or any part, of
the Lexi-Comp Product, (ii) the End-User uses, stores or installs the Lexi-Comp
Product on a computer system which fails to meet the specifications provided by
Lexi-Comp, or (iii) the breach of warranty arises out of or in
connection with acts or omissions of persons other than Lexi-Comp.
Assumption of Risk, Disclaimer of Liability, Indemnity
THE END-USER ASSUMES ALL
RISK FOR SELECTION AND USE OF THE LEXI-COMP PRODUCT AND CONTENT PROVIDED
THEREON. LEXI-COMP SHALL NOT BE RESPONSIBLE FOR ANY ERRORS, MISSTATEMENTS,
INACCURACIES OR OMISSIONS REGARDING CONTENT DELIVERED THROUGH THE LEXI-COMP
PRODUCT OR ANY DELAYS IN OR INTERRUPTIONS OF SUCH DELIVERY. THE END-USER
ACKNOWLEDGES THAT LEXI-COMP: (A) HAS NO CONTROL OF OR RESPONSIBILITY FOR THE
END-USER’S USE OF THE LEXI-COMP PRODUCT OR CONTENT PROVIDED THEREON. (B) HAS NO
KNOWLEDGE OF THE SPECIFIC OR UNIQUE CIRCUMSTANCES UNDER WHICH THE LEXI-COMP
PRODUCT OR CONTENT PROVIDED THEREON MAY BE USED BY THE END-USER. (C) UNDERTAKES
NO OBLIGATION TO SUPPLEMENT OR UPDATE CONTENT OF THE LEXI-COMP PRODUCT, AND (D)
HAS NO LIABILITY TO ANY PERSON FOR ANY DATA OR INFORMATION INPUT ON THE
LEXI-COMP PRODUCT BY PERSONS OTHER THAN LEXI-COMP. LEXI-COMP AND ITS AFFILIATES
SHALL NOT BE LIABLE TO ANY PERSON (INCLUDING BUT NOT LIMITED) TO THE END-USER
AND PERSONS TREATED BY OR ON BEHALF OF THE END-USER) FOR, AND THE END-USER
AGREES TO INDEMNIFY AND HOLD LEXI-COMP HARMLESS FROM ANY CLAIMS, LAWSUITS,
PROCEEDINGS, COSTS, ATTORNEYS’ FEES, DAMAGES OR OTHER LOSSES (COLLECTIVELY, “LOSSES”)
ARISING OUT OF OR RELATING TO (A) THE END-USER’S USE OF THE LEXI-COMP PRODUCT
OR CONTENT PROVIDED THEREON OR ANY EQUIPMENT FURNISHED IN CONNECTION THEREWITH
AND (B)ANY DATA OR INFORMATION INPUT ON THE LEXI-COMP PRODUCT BY END-USER, IN
ALL CASES INCLUDING BUT NOT LIMITED TO LOSSES FOR TORT, PERSONAL INJURY, MEDICAL MALPRACTICE, OR PRODUCT
LIABILITY. FURTHER, WITHOUT LIMITING THE FOREGOING, IN NO EVENT SHALL LEXI-COMP
AND ITS AFFILIATES BE LIABLE FOR ANY SPECIAL, INCIDENTAL CONSEQUENTIAL, OR
INDIRECT DAMAGES, INCLUDING DAMAGES FOR LOSS OF PROFITS, LOSS OF BUSINESS, OR
DOWN TIME, EVEN IF LEXI-COMP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES. THE INFORMATION CONTAINED WITHIN THE LEXI-COMP PRODUCT IS INTENDED FOR
USE ONLY AS Ail INFORMATIONAL TOOL AND END-USERS ARE URGED TO CONSULT WITH A
PHYSICIAN OR OTHER HEALTHCARE PROFESSIONAL REGARDING THEIR SPECIFIC SITUATION
FOR DIAGNOSIS OR BY PHYSICIANS AND PROFESSIONALS WHO SHOULD RELY ON THEIR
CLINICAL DISCRETION AND JUDGMENT IN DIAGNOSIS AND TREATMENT. AS BETWEEN THE
END-USER AND LEXI-COMP, THE END-USER HEREBY ASSUMES FULL RESPONSIBILITY FOR
INSURING THE APPROPRIATENESS OF USING AND RELYING UPON THE INFORMATION IN VIEW
OF ALL ATTENDANT CIRCUMSTANCES, INDICATIONS, AND CONTRAINDICATIONS.
Liability of Lexi-Comp to the End-User
Under no circumstances
shall Lexi-Comp and its affiliates be liable to the End-User or any other
person for any direct, indirect, exemplary, special or consequential damages
arising out of or relating to the End-User’s USC of or inability to use the
Lexi-Comp Product or the content of the Lexi-Comp Product provided thereon or
any equipment furnished in connection therewith. Lexi-Comp’s total maximum
cumulative liability hereunder in connection with this
Agreement, whether arising under contract or otherwise, are limited to the fees
received by Lexi-Comp under this Agreement specifically relating to the
End-User’s use of the Lexi-Comp Product or product which is the subject of the
claim.
ABN MANAGEMENT; REVENUE DASHBOARD; CHARGE CAPTURE AUDIT;
CDM MASTER; PRICE MASTER; CONTRACT MANAGER; COLLECTIONS MANAGEMENT; HIM SOLUTIONS;
COST-TO-CHARGE ANALYTICS: PHARMACY (FKA CROSSWALK PHARMACY); COST-TO-CHARGE
ANALYTICS: SUPPLY (FKA CROSSWALK); REPORTING FRAMEWORK (COLLECTIVELY, THE “FINTHRIVE
SOLUTIONS WITH TELERIK CONTENT”)
If you are licensed to
use any FinThrive Solutions with Telerik Content, then the following terms and
conditions apply to you:
Copyright © 2011-2014 Telerik AD, all rights reserved
End Users may utilize (i) the
Telerik Standard Programs in object code form only as embedded in the FinThrive
Solutions, (ii) the Kendo Programs in minified form only as embedded in the
FinThrive Solutions, and (iii) the Report Designer Program in object code form
for use solely in conjunction with the FinThrive. End Users are not permitted to
distribute the Telerik Package Programs or disassemble the code, or attempt in
any manner to reconstruct, discover, reuse or modify any source code or
underlying algorithms of the Telerik Package Programs, except to the limited
extent as is permitted by law notwithstanding contractual prohibition. Telerik’s liability is limited to the maximum
extent permitted by applicable law.
For avoidance of doubt, End Users are not permitted to
use the Telerik Package Programs, or any portions thereof, for software
development or application development purposes unless End User also purchases
a separate commercial license from Telerik for each of the users.
Schedule 1
Apache 2.0
Apache License
Version 2.0, January 2004
http://www.apache.org/licenses/
TERMS AND CONDITIONS FOR USE, REPRODUCTION,
AND DISTRIBUTION
"License" shall mean the terms and
conditions for use, reproduction, and distribution as defined by Sections 1
through 9 of this document.
"Licensor" shall mean the copyright
owner or entity authorized by the copyright owner that is granting the License.
"Legal Entity" shall mean the union
of the acting entity and all other entities that control, are controlled by, or
are under common control with that entity. For the purposes of this definition,
"control" means (i) the power, direct or
indirect, to cause the direction or management of such entity, whether by
contract or otherwise, or (ii) ownership of fifty percent (50%) or more of the
outstanding shares, or (iii) beneficial ownership of such entity.
"You" (or "Your") shall
mean an individual or Legal Entity exercising permissions granted by this License.
"Source" form shall mean the
preferred form for making modifications, including but not limited to software
source code, documentation source, and configuration files.
"Object" form shall mean any form
resulting from mechanical transformation or translation of a Source form,
including but not limited to compiled object code, generated documentation, and
conversions to other media types.
"Work" shall mean the work of
authorship, whether in Source or Object form, made available under the License,
as indicated by a copyright notice that is included in or attached to the work
(an example is provided in the Appendix below).
"Derivative Works" shall mean any
work, whether in Source or Object form, that is based on (or derived from) the
Work and for which the editorial revisions, annotations, elaborations, or other
modifications represent, as a whole, an original work
of authorship. For the purposes of this License, Derivative Works shall not
include works that remain separable from, or merely link (or bind by name) to
the interfaces of, the Work and Derivative Works thereof.
"Contribution" shall mean any work
of authorship, including the original version of the Work and any modifications
or additions to that Work or Derivative Works thereof, that is intentionally
submitted to Licensor for inclusion in the Work by the copyright owner or by an
individual or Legal Entity authorized to submit on behalf of the copyright
owner. For the purposes of this definition, "submitted" means any
form of electronic, verbal, or written communication sent to the Licensor or
its representatives, including but not limited to communication on electronic
mailing lists, source code control systems, and issue tracking systems that are
managed by, or on behalf of, the Licensor for the purpose of discussing and
improving the Work, but excluding communication that is conspicuously marked or
otherwise designated in writing by the copyright owner as "Not a
Contribution."
"Contributor" shall mean Licensor
and any individual or Legal Entity on behalf of whom a Contribution has been
received by Licensor and subsequently incorporated within the Work.
2. Grant
of Copyright License. Subject
to the terms and conditions of this License, each Contributor hereby grants to
You a perpetual, worldwide, non-exclusive, no-charge, royalty-free, irrevocable
copyright license to reproduce, prepare Derivative Works of, publicly display,
publicly perform, sublicense, and distribute the Work and such Derivative Works
in Source or Object form.
3. Grant
of Patent License. Subject
to the terms and conditions of this License, each Contributor hereby grants to
You a perpetual, worldwide, non-exclusive, no-charge, royalty-free, irrevocable
(except as stated in this section) patent license to make, have made, use,
offer to sell, sell, import, and otherwise transfer the Work, where such
license applies only to those patent claims licensable by such Contributor that
are necessarily infringed by their Contribution(s) alone or by combination of
their Contribution(s) with the Work to which such Contribution(s) was
submitted. If You institute patent litigation against any entity (including a
cross-claim or counterclaim in a lawsuit) alleging that the Work or a
Contribution incorporated within the Work constitutes direct or contributory
patent infringement, then any patent licenses granted to You under this License
for that Work shall terminate as of the date such litigation is filed.
4.
Redistribution. You may
reproduce and distribute copies of the Work or Derivative Works thereof in any
medium, with or without modifications, and in Source or Object form, provided that You meet the following conditions:
1.
You must give any other recipients of the Work or Derivative
Works a copy of this License; and
2.
You must cause any modified files to carry prominent notices
stating that You changed the files; and
3.
You must retain, in the Source form of any Derivative Works that
You distribute, all copyright, patent, trademark, and attribution notices from
the Source form of the Work, excluding those notices that do not pertain to any
part of the Derivative Works; and
4.
If the Work includes a "NOTICE" text file as part of
its distribution, then any Derivative Works that You distribute must include a
readable copy of the attribution notices contained within such NOTICE file,
excluding those notices that do not pertain to any part of the Derivative
Works, in at least one of the following places: within a NOTICE text file
distributed as part of the Derivative Works; within the Source form or
documentation, if provided along with the Derivative Works; or, within a
display generated by the Derivative Works, if and wherever such third-party
notices normally appear. The contents of the NOTICE file are for informational
purposes only and do not modify the License. You may add Your own attribution
notices within Derivative Works that You distribute, alongside or as an
addendum to the NOTICE text from the Work, provided that such additional
attribution notices cannot be construed as modifying the License.
You may add Your own copyright statement to Your modifications and may provide
additional or different license terms and conditions for use, reproduction, or
distribution of Your modifications, or for any such Derivative Works as a whole, provided Your use, reproduction, and
distribution of the Work otherwise complies with the conditions stated in this
License.
5.
Submission of Contributions. Unless
You explicitly state otherwise, any Contribution intentionally submitted for
inclusion in the Work by You to the Licensor shall be under the terms and
conditions of this License, without any additional terms or conditions.
Notwithstanding the above, nothing herein shall supersede or modify the terms
of any separate license agreement you may have executed with Licensor regarding
such Contributions.
6.
Trademarks. This
License does not grant permission to use the trade names, trademarks, service
marks, or product names of the Licensor, except as required for reasonable and
customary use in describing the origin of the Work and reproducing the content
of the NOTICE file.
7.
Disclaimer of Warranty. Unless
required by applicable law or agreed to in writing, Licensor provides the Work
(and each Contributor provides its Contributions) on an "AS IS"
BASIS, WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, either express or implied,
including, without limitation, any warranties or conditions of TITLE,
NON-INFRINGEMENT, MERCHANTABILITY, or FITNESS FOR A PARTICULAR
PURPOSE. You are solely responsible for determining the appropriateness
of using or redistributing the Work and assume any risks associated with Your
exercise of permissions under this License.
8.
Limitation of Liability. In no
event and under no legal theory, whether in tort (including negligence),
contract, or otherwise, unless required by applicable law (such as deliberate
and grossly negligent acts) or agreed to in writing, shall any Contributor be
liable to You for damages, including any direct, indirect, special, incidental,
or consequential damages of any character arising as a result of this License
or out of the use or inability to use the Work (including but not limited to
damages for loss of goodwill, work stoppage, computer failure or malfunction,
or any and all other commercial damages or losses), even if such Contributor
has been advised of the possibility of such damages.
9.
Accepting Warranty or Additional Liability. While redistributing the Work or Derivative
Works thereof, You may choose to offer, and charge a
fee for, acceptance of support, warranty, indemnity, or other liability
obligations and/or rights consistent with this License. However, in accepting
such obligations, You may act only on Your own behalf
and on Your sole responsibility, not on behalf of any other Contributor, and
only if You agree to indemnify, defend, and hold each Contributor harmless for
any liability incurred by, or claims asserted against, such Contributor by
reason of your accepting any such warranty or additional liability.
END OF TERMS AND CONDITIONS
Schedule 2
MIT
The MIT License (MIT)
Copyright (c)
<2019> <FinThrive>
Permission is hereby
granted, free of charge, to any person obtaining a copy of this software and
associated documentation files (the "Software"), to deal in the
Software without restriction, including without limitation the rights to use,
copy, modify, merge, publish, distribute, sublicense, and/or sell copies of the
Software, and to permit persons to whom the Software is furnished to do so,
subject to the following conditions:
The above copyright
notice and this permission notice shall be included in all copies or
substantial portions of the Software.
THE 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.
Schedule 3
BSD
Copyright (c)
<2019>, <FinThrive>
All rights reserved.
Redistribution and use
in source and binary forms, with or without modification, are permitted
provided that the following conditions are met:
1. Redistributions of
source code must retain the above copyright notice, this list of conditions and
the following disclaimer.
2. Redistributions in
binary form must reproduce the above copyright notice, this list of conditions
and the following disclaimer in the documentation and/or other materials
provided with the distribution.
3. Neither the name of
the copyright holder nor the names of its contributors may be used to endorse
or promote products derived from this software without specific prior written
permission.
THIS SOFTWARE IS
PROVIDED BY THE COPYRIGHT HOLDERS AND CONTRIBUTORS "AS IS" AND ANY
EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED
WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR
PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL THE COPYRIGHT HOLDER OR
CONTRIBUTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL,
EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT
OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS
INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN
CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING
IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY
OF SUCH DAMAGE.
Schedule 4
GPL v2
Version 2,
June 1991
Copyright (C) 1989, 1991 Free Software Foundation, Inc.
51 Franklin Street, Fifth Floor, Boston, MA 02110-1301, USA
Everyone is permitted to copy and distribute verbatim copies of this license document, but changing it is not allowed.
The licenses
for most software are designed to take away your freedom to share and change
it. By contrast, the GNU General Public License is
intended to guarantee your freedom to share and change free software--to make
sure the software is free for all its users. This General
Public License applies to most of the Free Software Foundation's
software and to any other program whose authors commit to using it. (Some other
Free Software Foundation software is covered by the GNU Lesser General Public License instead.) You can apply it to your
programs, too.
When we
speak of free software, we are referring to freedom, not price. Our General Public Licenses are designed to make sure that you
have the freedom to distribute copies of free software (and charge for this
service if you wish), that you receive source code or can get it if you want
it, that you can change the software or use pieces of it in new free programs;
and that you know you can do these things.
To protect
your rights, we need to make restrictions that forbid anyone to deny you these
rights or to ask you to surrender the rights. These restrictions translate to
certain responsibilities for you if you distribute copies of the software, or
if you modify it.
For example,
if you distribute copies of such a program, whether gratis or for a fee, you
must give the recipients all the rights that you have. You must make sure that
they, too, receive or can get the source code. And you must show them these
terms so they know their rights.
We protect
your rights with two steps: (1) copyright the software, and (2) offer you this
license which gives you legal permission to copy, distribute and/or modify the
software.
Also, for
each author's protection and ours, we want to make certain that everyone
understands that there is no warranty for this free software. If the software
is modified by someone else and passed on, we want its recipients to know that
what they have is not the original, so that any problems introduced by others
will not reflect on the original authors' reputations.
Finally, any
free program is threatened constantly by software patents. We wish to avoid the
danger that redistributors of a free program will individually obtain patent
licenses, in effect making the program proprietary. To prevent this, we have
made it clear that any patent must be licensed for everyone's free use or not
licensed at all.
The precise
terms and conditions for copying, distribution and modification follow.
0. This License applies to any program or other work which contains a
notice placed by the copyright holder saying it may be distributed under the
terms of this General Public License. The
"Program", below, refers to any such program or work, and a
"work based on the Program" means either the Program or any
derivative work under copyright law: that is to say, a
work containing the Program or a portion of it, either verbatim or with
modifications and/or translated into another language. (Hereinafter,
translation is included without limitation in the term
"modification".) Each licensee is addressed as "you".
Activities
other than copying, distribution and modification are not covered by this
License; they are outside its scope. The act of running the Program is not
restricted, and the output from the Program is covered only if its contents
constitute a work based on the Program (independent of having been made by
running the Program). Whether that is true depends on what the Program does.
1. You may copy and distribute verbatim copies of the Program's
source code as you receive it, in any medium, provided that
you conspicuously and appropriately publish on each copy an appropriate
copyright notice and disclaimer of warranty; keep intact all the notices that
refer to this License and to the absence of any warranty; and give any other
recipients of the Program a copy of this License along with the Program.
You may
charge a fee for the physical act of transferring a copy, and you may at your
option offer warranty protection in exchange for a fee.
2. You may modify your copy or copies of the Program or any portion
of it, thus forming a work based on the Program, and copy and distribute such
modifications or work under the terms of Section 1 above, provided
that you also meet all of these conditions:
a) You must cause the modified files to carry prominent notices
stating that you changed the files and the date of any change.
b) You must cause any work that you distribute or publish, that in
whole or in part contains or is derived from the Program or any part thereof,
to be licensed as a whole at no charge to all third
parties under the terms of this License.
c) If the modified program normally reads commands interactively when
run, you must cause it, when started running for such interactive use in the
most ordinary way, to print or display an announcement including an appropriate
copyright notice and a notice that there is no warranty (or else, saying that
you provide a warranty) and that users may redistribute the program under these
conditions, and telling the user how to view a copy of this License.
(Exception: if the Program itself is interactive but does not normally print
such an announcement, your work based on the Program is not required to print
an announcement.)
These
requirements apply to the modified work as a whole. If
identifiable sections of that work are not derived from the Program, and can be
reasonably considered independent and separate works in themselves, then this
License, and its terms, do not apply to those sections when you distribute them
as separate works. But when you distribute the same sections as part of a whole
which is a work based on the Program, the distribution of the whole must be on
the terms of this License, whose permissions for other licensees extend to the
entire whole, and thus to each and every part
regardless of who wrote it.
Thus, it is
not the intent of this section to claim rights or contest your rights to work
written entirely by you; rather, the intent is to exercise the right to control
the distribution of derivative or collective works based on the Program.
In addition,
mere aggregation of another work not based on the Program with the Program (or
with a work based on the Program) on a volume of a storage or distribution
medium does not bring the other work under the scope of this License.
3. You may copy and distribute the Program (or a work based on it,
under Section 2) in object code or executable form under the terms of Sections
1 and 2 above provided that you also do one of the
following:
a) Accompany it with the complete corresponding machine-readable
source code, which must be distributed under the terms of Sections 1 and 2
above on a medium customarily used for software interchange; or,
b) Accompany it with a written offer, valid for at least three years,
to give any third party, for a charge no more than your cost of physically
performing source distribution, a complete machine-readable copy of the
corresponding source code, to be distributed under the terms of Sections 1 and
2 above on a medium customarily used for software interchange; or,
c) Accompany it with the information you received as to the offer to
distribute corresponding source code. (This alternative is allowed only for
noncommercial distribution and only if you received the program in object code
or executable form with such an offer, in accord with Subsection b above.)
The source
code for a work means the preferred form of the work for making modifications
to it. For an executable work, complete source code means all the source code
for all modules it contains, plus any associated interface definition files,
plus the scripts used to control compilation and installation of the
executable. However, as a special exception, the source code distributed need
not include anything that is normally distributed (in either source or binary
form) with the major components (compiler, kernel, and so on) of the operating
system on which the executable runs, unless that component itself accompanies
the executable.
If
distribution of executable or object code is made by offering access to copy
from a designated place, then offering equivalent access to copy the source
code from the same place counts as distribution of the source code, even though
third parties are not compelled to copy the source along with the object code.
4. You may not copy, modify, sublicense, or distribute the Program
except as expressly provided under this License. Any attempt otherwise to copy,
modify, sublicense or distribute the Program is void, and will automatically
terminate your rights under this License. However, parties who have received
copies, or rights, from you under this License will not have their licenses
terminated so long as such parties remain in full compliance.
5. You are not required to accept this License, since you have not
signed it. However, nothing else grants you permission to modify or distribute
the Program or its derivative works. These actions are prohibited by law if you
do not accept this License. Therefore, by modifying or distributing the Program
(or any work based on the Program), you indicate your acceptance of this
License to do so, and all its terms and conditions for copying, distributing or
modifying the Program or works based on it.
6. Each time you redistribute the Program (or any work based on the
Program), the recipient automatically receives a license from the original
licensor to copy, distribute or modify the Program subject to these terms and
conditions. You may not impose any further restrictions on the recipients'
exercise of the rights granted herein. You are not responsible for enforcing
compliance by third parties to this License.
7. If, as a consequence of a court judgment
or allegation of patent infringement or for any other reason (not limited to
patent issues), conditions are imposed on you (whether by court order,
agreement or otherwise) that contradict the conditions of this License, they do
not excuse you from the conditions of this License. If you cannot distribute so as to satisfy simultaneously your obligations under this
License and any other pertinent obligations, then as a consequence you may not
distribute the Program at all. For example, if a patent license would not
permit royalty-free redistribution of the Program by all those who receive
copies directly or indirectly through you, then the only way you could satisfy
both it and this License would be to refrain entirely from distribution of the
Program.
If any
portion of this section is held invalid or unenforceable under any particular circumstance, the balance of the section is
intended to apply and the section as a whole is intended to apply in other
circumstances.
It is not
the purpose of this section to induce you to infringe any patents or other
property right claims or to contest validity of any such claims; this section
has the sole purpose of protecting the integrity of the free software
distribution system, which is implemented by public license practices. Many
people have made generous contributions to the wide range of software
distributed through that system in reliance on consistent application of that
system; it is up to the author/donor to decide if he or she is willing to
distribute software through any other system and a licensee cannot impose that
choice.
This section
is intended to make thoroughly clear what is believed to be a consequence of
the rest of this License.
8. If the distribution and/or use of the Program is restricted in
certain countries either by patents or by copyrighted interfaces, the original
copyright holder who places the Program under this License may add an explicit
geographical distribution limitation excluding those countries, so that
distribution is permitted only in or among countries not thus excluded. In such
case, this License incorporates the limitation as if written in the body of
this License.
9. The Free Software Foundation may publish revised and/or new
versions of the General Public License from time to
time. Such new versions will be similar in spirit to the present version, but
may differ in detail to address new problems or concerns.
Each version
is given a distinguishing version number. If the Program specifies a version
number of this License which applies to it and "any later version",
you have the option of following the terms and conditions either of that
version or of any later version published by the Free Software Foundation. If
the Program does not specify a version number of this License, you may choose
any version ever published by the Free Software Foundation.
10. If you wish to incorporate parts of the Program into other free
programs whose distribution conditions are different, write to the author to
ask for permission. For software which is copyrighted by the Free Software
Foundation, write to the Free Software Foundation; we sometimes make exceptions
for this. Our decision will be guided by the two goals of preserving the free
status of all derivatives of our free software and of promoting the sharing and
reuse of software generally.
NO WARRANTY
11. BECAUSE THE PROGRAM IS LICENSED FREE OF CHARGE, THERE IS NO
WARRANTY FOR THE PROGRAM, TO THE EXTENT PERMITTED BY APPLICABLE LAW. EXCEPT
WHEN OTHERWISE STATED IN WRITING THE COPYRIGHT HOLDERS AND/OR OTHER PARTIES
PROVIDE THE PROGRAM "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER
EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF
MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE PROGRAM IS WITH YOU.
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You agree not to use the Work for illegal, immoral or improper
purposes, or on pages containing illegal, immoral or improper material. The
Work is subject to applicable export laws. You agree to comply with all such
laws and regulations that may apply to the Work after Your receipt of the Work.
6.
Representations, Warranties and Disclaimer. THIS WORK IS PROVIDED "AS IS",
"WHERE IS" AND "AS AVAILABLE", WITHOUT ANY EXPRESS OR
IMPLIED WARRANTIES OR CONDITIONS OR GUARANTEES. YOU, THE USER, ASSUME ALL RISK
IN ITS USE, INCLUDING COPYRIGHT INFRINGEMENT, PATENT INFRINGEMENT, SUITABILITY,
ETC. AUTHOR EXPRESSLY DISCLAIMS ALL EXPRESS, IMPLIED OR STATUTORY WARRANTIES OR
CONDITIONS, INCLUDING WITHOUT LIMITATION, WARRANTIES OR CONDITIONS OF
MERCHANTABILITY, MERCHANTABLE QUALITY OR FITNESS FOR A PARTICULAR
PURPOSE, OR ANY WARRANTY OF TITLE OR NON-INFRINGEMENT, OR THAT THE WORK
(OR ANY PORTION THEREOF) IS CORRECT, USEFUL, BUG-FREE OR FREE OF VIRUSES. YOU
MUST PASS THIS DISCLAIMER ON WHENEVER YOU DISTRIBUTE THE WORK OR DERIVATIVE
WORKS.
7.
Indemnity. You agree
to defend, indemnify and hold harmless the Author and the Publisher from and
against any claims, suits, losses, damages, liabilities, costs, and expenses
(including reasonable legal or attorneys’ fees) resulting from or relating to
any use of the Work by You.
8.
Limitation on Liability. EXCEPT TO THE EXTENT REQUIRED BY APPLICABLE
LAW, IN NO EVENT WILL THE AUTHOR OR THE PUBLISHER BE LIABLE TO YOU ON ANY LEGAL
THEORY FOR ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY
DAMAGES ARISING OUT OF THIS LICENSE OR THE USE OF THE WORK OR OTHERWISE, EVEN
IF THE AUTHOR OR THE PUBLISHER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES.
9.
Termination.
a.
This License and the rights granted hereunder will terminate
automatically upon any breach by You of any term of this License. Individuals
or entities who have received Derivative Works from You under this License,
however, will not have their licenses terminated provided such individuals or
entities remain in full compliance with those licenses. Sections 1, 2, 6, 7, 8,
9, 10 and 11 will survive any termination of this License.
b.
If You bring a copyright, trademark, patent or any other
infringement claim against any contributor over infringements You claim are
made by the Work, your License from such contributor to the Work ends
automatically.
c.
Subject to the above terms and conditions, this License is
perpetual (for the duration of the applicable copyright in the Work).
Notwithstanding the above, the Author reserves the right to release the Work
under different license terms or to stop distributing the Work at any time;
provided, however that any such election will not serve to withdraw this
License (or any other license that has been, or is required to be, granted
under the terms of this License), and this License will continue in full force
and effect unless terminated as stated above.
10.
Publisher. The
parties hereby confirm that the Publisher shall not, under any circumstances,
be responsible for and shall not have any liability in respect of the subject
matter of this License. The Publisher makes no warranty whatsoever in connection with the Work and shall not be liable to You
or any party on any legal theory for any damages whatsoever, including without
limitation any general, special, incidental or consequential damages arising in
connection to this license. The Publisher reserves the right to cease making
the Work available to You at any time without notice
11.
Miscellaneous
a.
This License shall be governed by the laws of the location of
the head office of the Author or if the Author is an individual, the laws of
location of the principal place of residence of the Author.
b.
If any provision of this License is invalid or unenforceable
under applicable law, it shall not affect the validity or enforceability of the
remainder of the terms of this License, and without further action by the
parties to this License, such provision shall be reformed to the minimum extent
necessary to make such provision valid and enforceable.
c.
No term or provision of this License shall be deemed waived and
no breach consented to unless such waiver or consent shall be in writing and
signed by the party to be charged with such waiver or consent.
d.
This License constitutes the entire agreement between the
parties with respect to the Work licensed herein. There are no understandings,
agreements or representations with respect to the Work not specified herein.
The Author shall not be bound by any additional provisions that may appear in
any communication from You. This License may not be modified without the mutual
written agreement of the Author and You.
Schedule 8
OpenSSL License
LICENSE ISSUES
==============
The OpenSSL toolkit stays under a dual license, i.e. both the conditions of
the OpenSSL License and the original SSLeay license apply to the toolkit.
See below for the actual license texts.
OpenSSL License
---------------
/* ====================================================================
* Copyright (c) 1998-2016 The OpenSSL Project. All rights reserved.
*
* Redistribution and use in source and binary forms, with or without
* modification, are permitted provided that the following conditions
* are met:
*
* 1. Redistributions of source code must retain the above copyright
* notice, this list of conditions and the following disclaimer.
*
* 2. Redistributions in binary form must reproduce the above copyright
* notice, this list of conditions and the following disclaimer in
* the documentation and/or other materials provided with the
* distribution.
*
* 3. All advertising materials mentioning features or use of this
* software must display the following acknowledgment:
* "This product includes software developed by the OpenSSL Project
* for use in the OpenSSL Toolkit. (http://www.openssl.org/) "
*
* 4. The names "OpenSSL Toolkit" and "OpenSSL Project" must not be used to
* endorse or promote products derived from this software without
* prior written permission. For written permission, please contact
* openssl-core@openssl.org.
*
* 5. Products derived from this software may not be called "OpenSSL"
* nor may "OpenSSL" appear in their names without prior written
* permission of the OpenSSL Project.
*
* 6. Redistributions of any form whatsoever must retain the following
* acknowledgment:
* "This product includes software developed by the OpenSSL Project
* for use in the OpenSSL Toolkit (http://www.openssl.org/) "
*
* THIS SOFTWARE IS PROVIDED BY THE OpenSSL PROJECT ``AS IS'' AND ANY
* EXPRESSED OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE
* IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR
* PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL THE OpenSSL PROJECT OR
* ITS CONTRIBUTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL,
* SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT
* NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES;
* LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION)
* HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT,
* STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE)
* ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED
* OF THE POSSIBILITY OF SUCH DAMAGE.
* ====================================================================
*
* This product includes cryptographic software written by Eric Young
* (eay@cryptsoft.com). This product includes software written by Tim
* Hudson (tjh@cryptsoft.com).
*
*/
Original SSLeay License
-----------------------
/* Copyright (C) 1995-1998 Eric Young (eay@cryptsoft.com)
* All rights reserved.
*
* This package is an SSL implementation written
* by Eric Young (eay@cryptsoft.com).
* The implementation was written so as to conform with Netscapes SSL.
*
* This library is free for commercial and non-commercial use as long as
* the following conditions are aheared to. The following conditions
* apply to all code found in this distribution, be it the RC4, RSA,
* lhash, DES, etc., code; not just the SSL code. The SSL documentation
* included with this distribution is covered by the same copyright terms
* except that the holder is Tim Hudson (tjh@cryptsoft.com).
*
* Copyright remains Eric Young's, and as such any Copyright notices in
* the code are not to be removed.
* If this package is used in a product, Eric Young should be given attribution
* as the author of the parts of the library used.
* This can be in the form of a textual message at program startup or
* in documentation (online or textual) provided with the package.
*
* Redistribution and use in source and binary forms, with or without
* modification, are permitted provided that the following conditions
* are met:
* 1. Redistributions of source code must retain the copyright
* notice, this list of conditions and the following disclaimer.
* 2. Redistributions in binary form must reproduce the above copyright
* notice, this list of conditions and the following disclaimer in the
* documentation and/or other materials provided with the distribution.
* 3. All advertising materials mentioning features or use of this software
* must display the following acknowledgement:
* "This product includes cryptographic software written by
* Eric Young (eay@cryptsoft.com)"
* The word 'cryptographic' can be left out if the rouines from the library
* being used are not cryptographic related :-).
* 4. If you include any Windows specific code (or a derivative thereof) from
* the apps directory (application code) you must include an acknowledgement:
* "This product includes software written by Tim Hudson (tjh@cryptsoft.com)"
*
* THIS SOFTWARE IS PROVIDED BY ERIC YOUNG ``AS IS'' AND
* ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE
* IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE
* ARE DISCLAIMED. IN NO EVENT SHALL THE AUTHOR OR CONTRIBUTORS BE LIABLE
* FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL
* DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS
* OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION)
* HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT
* LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY
* OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF
* SUCH DAMAGE.
*
* The licence and distribution terms for any publically available version or
* derivative of this code cannot be changed. i.e. this code cannot simply be
* copied and put under another distribution licence
* [including the GNU Public Licence.]
Schedule 9
MOZILLA PUBLIC LICENSE
Version 1.1
Mozilla Public License Version 1.1
1. Definitions.
1.0.1. "Commercial Use"
means distribution or otherwise making the Covered Code available to a third party.
1.1. "Contributor"
means each entity that creates or contributes to the creation of Modifications.
1.2. "Contributor Version"
means the combination of the Original Code, prior Modifications used by a Contributor, and the Modifications made by that particular Contributor.
1.3. "Covered Code"
means the Original Code or Modifications or the combination of the Original Code and Modifications, in each case including portions thereof.
1.4. "Electronic Distribution Mechanism"
means a mechanism generally accepted in the software development community for the electronic transfer of data.
1.5. "Executable"
means Covered Code in any form other than Source Code.
1.6. "Initial Developer"
means the individual or entity identified as the Initial Developer in the Source Code notice required by Exhibit A.
1.7. "Larger Work"
means a work which combines Covered Code or portions thereof with code not governed by the terms of this License.
1.8. "License"
means this document.
1.8.1. "Licensable"
means having the right to grant, to the maximum extent possible, whether at the time of the initial grant or subsequently acquired, any and all of the rights conveyed herein.
1.9. "Modifications"
means any addition to or deletion from the substance or structure of either the Original Code or any previous Modifications. When Covered Code is released as a series of files, a Modification is:
Any addition to or deletion from the contents of a file containing Original Code or previous Modifications.
Any new file that contains any part of the Original Code or previous Modifications.
1.10. "Original Code"
means Source Code of computer software code which is described in the Source Code notice required by Exhibit A as Original Code, and which, at the time of its release under this License is not already Covered Code governed by this License.
1.10.1. "Patent Claims"
means any patent claim(s), now owned or hereafter acquired, including without limitation, method, process, and apparatus claims, in any patent Licensable by grantor.
1.11. "Source Code"
means the preferred form of the Covered Code for making modifications to it, including all modules it contains, plus any associated interface definition files, scripts used to control compilation and installation of an Executable, or source code differential comparisons against either the Original Code or another well known, available Covered Code of the Contributor's choice. The Source Code can be in a compressed or archival form, provided the appropriate decompression or de-archiving software is widely available for no charge.
1.12. "You" (or "Your")
means an individual or a legal entity exercising rights under, and complying with all of the terms of, this License or a future version of this License issued under Section 6.1. For legal entities, "You" includes any entity which controls, is controlled by, or is under common control with You. For purposes of this definition, "control" means (a) the power, direct or indirect, to cause the direction or management of such entity, whether by contract or otherwise, or (b) ownership of more than fifty percent (50%) of the outstanding shares or beneficial ownership of such entity.
2. Source Code License.
2.1. The Initial Developer Grant.
The Initial Developer hereby grants You a world-wide, royalty-free, non-exclusive license, subject to third party intellectual property claims:
under intellectual property rights (other than patent or trademark) Licensable by Initial Developer to use, reproduce, modify, display, perform, sublicense and distribute the Original Code (or portions thereof) with or without Modifications, and/or as part of a Larger Work; and
under Patents Claims infringed by the making, using or selling of Original Code, to make, have made, use, practice, sell, and offer for sale, and/or otherwise dispose of the Original Code (or portions thereof).
the licenses granted in this Section 2.1 (a) and (b) are effective on the date Initial Developer first distributes Original Code under the terms of this License.
Notwithstanding Section 2.1 (b) above, no patent license is granted: 1) for code that You delete from the Original Code; 2) separate from the Original Code; or 3) for infringements caused by: i) the modification of the Original Code or ii) the combination of the Original Code with other software or devices.
2.2. Contributor Grant.
Subject to third party intellectual property claims, each Contributor hereby grants You a world-wide, royalty-free, non-exclusive license
under intellectual property rights (other than patent or trademark) Licensable by Contributor, to use, reproduce, modify, display, perform, sublicense and distribute the Modifications created by such Contributor (or portions thereof) either on an unmodified basis, with other Modifications, as Covered Code and/or as part of a Larger Work; and
under Patent Claims infringed by the making, using, or selling of Modifications made by that Contributor either alone and/or in combination with its Contributor Version (or portions of such combination), to make, use, sell, offer for sale, have made, and/or otherwise dispose of: 1) Modifications made by that Contributor (or portions thereof); and 2) the combination of Modifications made by that Contributor with its Contributor Version (or portions of such combination).
the licenses granted in Sections 2.2 (a) and 2.2 (b) are effective on the date Contributor first makes Commercial Use of the Covered Code.
Notwithstanding Section 2.2 (b) above, no patent license is granted: 1) for any code that Contributor has deleted from the Contributor Version; 2) separate from the Contributor Version; 3) for infringements caused by: i) third party modifications of Contributor Version or ii) the combination of Modifications made by that Contributor with other software (except as part of the Contributor Version) or other devices; or 4) under Patent Claims infringed by Covered Code in the absence of Modifications made by that Contributor.
3. Distribution Obligations.
3.1. Application of License.
The Modifications which You create or to which You contribute are governed by the terms of this License, including without limitation Section 2.2. The Source Code version of Covered Code may be distributed only under the terms of this License or a future version of this License released under Section 6.1, and You must include a copy of this License with every copy of the Source Code You distribute. You may not offer or impose any terms on any Source Code version that alters or restricts the applicable version of this License or the recipients' rights hereunder. However, You may include an additional document offering the additional rights described in Section 3.5.
3.2. Availability of Source Code.
Any Modification which You create or to which You contribute must be made available in Source Code form under the terms of this License either on the same media as an Executable version or via an accepted Electronic Distribution Mechanism to anyone to whom you made an Executable version available; and if made available via Electronic Distribution Mechanism, must remain available for at least twelve (12) months after the date it initially became available, or at least six (6) months after a subsequent version of that particular Modification has been made available to such recipients. You are responsible for ensuring that the Source Code version remains available even if the Electronic Distribution Mechanism is maintained by a third party.
3.3. Description of Modifications.
You must cause all Covered Code to which You contribute to contain a file documenting the changes You made to create that Covered Code and the date of any change. You must include a prominent statement that the Modification is derived, directly or indirectly, from Original Code provided by the Initial Developer and including the name of the Initial Developer in (a) the Source Code, and (b) in any notice in an Executable version or related documentation in which You describe the origin or ownership of the Covered Code.
3.4. Intellectual Property Matters
(a) Third Party Claims
If Contributor has knowledge that a license under a third party's intellectual property rights is required to exercise the rights granted by such Contributor under Sections 2.1 or 2.2, Contributor must include a text file with the Source Code distribution titled "LEGAL" which describes the claim and the party making the claim in sufficient detail that a recipient will know whom to contact. If Contributor obtains such knowledge after the Modification is made available as described in Section 3.2, Contributor shall promptly modify the LEGAL file in all copies Contributor makes available thereafter and shall take other steps (such as notifying appropriate mailing lists or newsgroups) reasonably calculated to inform those who received the Covered Code that new knowledge has been obtained.
(b) Contributor APIs
If Contributor's Modifications include an application programming interface and Contributor has knowledge of patent licenses which are reasonably necessary to implement that API, Contributor must also include this information in the LEGAL file.
(c) Representations.
Contributor represents that, except as disclosed pursuant to Section 3.4 (a) above, Contributor believes that Contributor's Modifications are Contributor's original creation(s) and/or Contributor has sufficient rights to grant the rights conveyed by this License.
3.5. Required Notices.
You must duplicate the notice in Exhibit A in each file of the Source Code. If it is not possible to put such notice in a particular Source Code file due to its structure, then You must include such notice in a location (such as a relevant directory) where a user would be likely to look for such a notice. If You created one or more Modification(s) You may add your name as a Contributor to the notice described in Exhibit A. You must also duplicate this License in any documentation for the Source Code where You describe recipients' rights or ownership rights relating to Covered Code. You may choose to offer, and to charge a fee for, warranty, support, indemnity or liability obligations to one or more recipients of Covered Code. However, You may do so only on Your own behalf, and not on behalf of the Initial Developer or any Contributor. You must make it absolutely clear than any such warranty, support, indemnity or liability obligation is offered by You alone, and You hereby agree to indemnify the Initial Developer and every Contributor for any liability incurred by the Initial Developer or such Contributor as a result of warranty, support, indemnity or liability terms You offer.
3.6. Distribution of Executable Versions.
You may distribute Covered Code in Executable form only if the requirements of Sections 3.1, 3.2, 3.3, 3.4 and 3.5 have been met for that Covered Code, and if You include a notice stating that the Source Code version of the Covered Code is available under the terms of this License, including a description of how and where You have fulfilled the obligations of Section 3.2. The notice must be conspicuously included in any notice in an Executable version, related documentation or collateral in which You describe recipients' rights relating to the Covered Code. You may distribute the Executable version of Covered Code or ownership rights under a license of Your choice, which may contain terms different from this License, provided that You are in compliance with the terms of this License and that the license for the Executable version does not attempt to limit or alter the recipient's rights in the Source Code version from the rights set forth in this License. If You distribute the Executable version under a different license You must make it absolutely clear that any terms which differ from this License are offered by You alone, not by the Initial Developer or any Contributor. You hereby agree to indemnify the Initial Developer and every Contributor for any liability incurred by the Initial Developer or such Contributor as a result of any such terms You offer.
3.7. Larger Works.
You may create a Larger Work by combining Covered Code with other code not governed by the terms of this License and distribute the Larger Work as a single product. In such a case, You must make sure the requirements of this License are fulfilled for the Covered Code.
4. Inability to Comply Due to Statute or Regulation.
If it is impossible for You to comply with any of the terms of this License with respect to some or all of the Covered Code due to statute, judicial order, or regulation then You must: (a) comply with the terms of this License to the maximum extent possible; and (b) describe the limitations and the code they affect. Such description must be included in the LEGAL file described in Section 3.4 and must be included with all distributions of the Source Code. Except to the extent prohibited by statute or regulation, such description must be sufficiently detailed for a recipient of ordinary skill to be able to understand it.
5. Application of this License.
This License applies to code to which the Initial Developer has attached the notice in Exhibit A and to related Covered Code.
6. Versions of the License.
6.1. New Versions
Netscape Communications Corporation ("Netscape") may publish revised and/or new versions of the License from time to time. Each version will be given a distinguishing version number.
6.2. Effect of New Versions
Once Covered Code has been published under a particular version of the License, You may always continue to use it under the terms of that version. You may also choose to use such Covered Code under the terms of any subsequent version of the License published by Netscape. No one other than Netscape has the right to modify the terms applicable to Covered Code created under this License.
6.3. Derivative Works
If You create or use a modified version of this License (which you may only do in order to apply it to code which is not already Covered Code governed by this License), You must (a) rename Your license so that the phrases "Mozilla", "MOZILLAPL", "MOZPL", "Netscape", "MPL", "NPL" or any confusingly similar phrase do not appear in your license (except to note that your license differs from this License) and (b) otherwise make it clear that Your version of the license contains terms which differ from the Mozilla Public License and Netscape Public License. (Filling in the name of the Initial Developer, Original Code or Contributor in the notice described in Exhibit A shall not of themselves be deemed to be modifications of this License.)
7. DISCLAIMER OF WARRANTY
COVERED CODE IS PROVIDED UNDER THIS LICENSE ON AN "AS IS" BASIS, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES THAT THE COVERED CODE IS FREE OF DEFECTS, MERCHANTABLE, FIT FOR A PARTICULAR PURPOSE OR NON-INFRINGING. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE COVERED CODE IS WITH YOU. SHOULD ANY COVERED CODE PROVE DEFECTIVE IN ANY RESPECT, YOU (NOT THE INITIAL DEVELOPER OR ANY OTHER CONTRIBUTOR) ASSUME THE COST OF ANY NECESSARY SERVICING, REPAIR OR CORRECTION. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS LICENSE. NO USE OF ANY COVERED CODE IS AUTHORIZED HEREUNDER EXCEPT UNDER THIS DISCLAIMER.
8. Termination
8.1. This License and the rights granted hereunder will terminate automatically if You fail to comply with terms herein and fail to cure such breach within 30 days of becoming aware of the breach. All sublicenses to the Covered Code which are properly granted shall survive any termination of this License. Provisions which, by their nature, must remain in effect beyond the termination of this License shall survive.
8.2. If You initiate litigation by asserting a patent infringement claim (excluding declatory judgment actions) against Initial Developer or a Contributor (the Initial Developer or Contributor against whom You file such action is referred to as "Participant") alleging that:
such Participant's Contributor Version directly or indirectly infringes any patent, then any and all rights granted by such Participant to You under Sections 2.1 and/or 2.2 of this License shall, upon 60 days notice from Participant terminate prospectively, unless if within 60 days after receipt of notice You either: (i) agree in writing to pay Participant a mutually agreeable reasonable royalty for Your past and future use of Modifications made by such Participant, or (ii) withdraw Your litigation claim with respect to the Contributor Version against such Participant. If within 60 days of notice, a reasonable royalty and payment arrangement are not mutually agreed upon in writing by the parties or the litigation claim is not withdrawn, the rights granted by Participant to You under Sections 2.1 and/or 2.2 automatically terminate at the expiration of the 60 day notice period specified above.
any software, hardware, or device, other than such Participant's Contributor Version, directly or indirectly infringes any patent, then any rights granted to You by such Participant under Sections 2.1(b) and 2.2(b) are revoked effective as of the date You first made, used, sold, distributed, or had made, Modifications made by that Participant.
8.3. If You assert a patent infringement claim against Participant alleging that such Participant's Contributor Version directly or indirectly infringes any patent where such claim is resolved (such as by license or settlement) prior to the initiation of patent infringement litigation, then the reasonable value of the licenses granted by such Participant under Sections 2.1 or 2.2 shall be taken into account in determining the amount or value of any payment or license.
8.4. In the event of termination under Sections 8.1 or 8.2 above, all end user license agreements (excluding distributors and resellers) which have been validly granted by You or any distributor hereunder prior to termination shall survive termination.
9. LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, WHETHER TORT (INCLUDING NEGLIGENCE), CONTRACT, OR OTHERWISE, SHALL YOU, THE INITIAL DEVELOPER, ANY OTHER CONTRIBUTOR, OR ANY DISTRIBUTOR OF COVERED CODE, OR ANY SUPPLIER OF ANY OF SUCH PARTIES, BE LIABLE TO ANY PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF SUCH PARTY SHALL HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION OF LIABILITY SHALL NOT APPLY TO LIABILITY FOR DEATH OR PERSONAL INJURY RESULTING FROM SUCH PARTY'S NEGLIGENCE TO THE EXTENT APPLICABLE LAW PROHIBITS SUCH LIMITATION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS EXCLUSION AND LIMITATION MAY NOT APPLY TO YOU.
10. U.S. government end users
The Covered Code is a "commercial item," as that term is defined in 48 C.F.R. 2.101 (Oct. 1995), consisting of "commercial computer software" and "commercial computer software documentation," as such terms are used in 48 C.F.R. 12.212 (Sept. 1995). Consistent with 48 C.F.R. 12.212 and 48 C.F.R. 227.7202-1 through 227.7202-4 (June 1995), all U.S. Government End Users acquire Covered Code with only those rights set forth herein.
11. Miscellaneous
This License represents the complete agreement concerning subject matter hereof. If any provision of this License is held to be unenforceable, such provision shall be reformed only to the extent necessary to make it enforceable. This License shall be governed by California law provisions (except to the extent applicable law, if any, provides otherwise), excluding its conflict-of-law provisions. With respect to disputes in which at least one party is a citizen of, or an entity chartered or registered to do business in the United States of America, any litigation relating to this License shall be subject to the jurisdiction of the Federal Courts of the Northern District of California, with venue lying in Santa Clara County, California, with the losing party responsible for costs, including without limitation, court costs and reasonable attorneys' fees and expenses. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. Any law or regulation which provides that the language of a contract shall be construed against the drafter shall not apply to this License.
12. Responsibility for claims
As between Initial Developer and the Contributors, each party is responsible for claims and damages arising, directly or indirectly, out of its utilization of rights under this License and You agree to work with Initial Developer and Contributors to distribute such responsibility on an equitable basis. Nothing herein is intended or shall be deemed to constitute any admission of liability.
13. Multiple-licensed code
Initial Developer may designate portions of the Covered Code as "Multiple-Licensed". "Multiple-Licensed" means that the Initial Developer permits you to utilize portions of the Covered Code under Your choice of the MPL or the alternative licenses, if any, specified by the Initial Developer in the file described in Exhibit A.
"The contents of this file are subject to the Mozilla Public License
Version 1.1 (the "License"); you may not use this file except in
compliance with the License. You may obtain a copy of the License at
https://www.mozilla.org/MPL/
Software distributed under the License is distributed on an "AS IS"
basis, WITHOUT WARRANTY OF ANY KIND, either express or implied. See the
License for the specific language governing rights and limitations
under the License.
The Original Code is ______________________________________.
The Initial Developer of the Original Code is ________________________.
Portions created by ______________________ are Copyright (C) ______
_______________________. All Rights Reserved.
Contributor(s): ______________________________________.
Alternatively, the contents of this file may be used under the terms
of the _____ license (the "[___] License"), in which case the
provisions of [______] License are applicable instead of those
above. If you wish to allow use of your version of this file only
under the terms of the [____] License and not to allow others to use
your version of this file under the MPL, indicate your decision by
deleting the provisions above and replace them with the notice and
other provisions required by the [___] License. If you do not delete
the provisions above, a recipient may use your version of this file
under either the MPL or the [___] License."
Schedule 10
Creative
Commons Attribution-ShareAlike 3.0
THE WORK (AS DEFINED BELOW) IS
PROVIDED UNDER THE TERMS OF THIS CREATIVE COMMONS PUBLIC LICENSE
("CCPL" OR "LICENSE"). THE WORK IS PROTECTED BY COPYRIGHT
AND/OR OTHER APPLICABLE LAW. ANY USE OF THE WORK OTHER THAN AS AUTHORIZED UNDER
THIS LICENSE OR COPYRIGHT LAW IS PROHIBITED.
BY EXERCISING ANY RIGHTS TO THE
WORK PROVIDED HERE, YOU ACCEPT AND AGREE TO BE BOUND BY THE TERMS OF THIS
LICENSE. TO THE EXTENT THIS LICENSE MAY BE CONSIDERED TO BE
A CONTRACT, THE LICENSOR GRANTS YOU THE RIGHTS CONTAINED HERE IN CONSIDERATION OF
YOUR ACCEPTANCE OF SUCH TERMS AND CONDITIONS.
1. Definitions
a.
"Collective Work" means a work, such as a periodical issue,
anthology or encyclopedia, in which the Work in its entirety in unmodified
form, along with one or more other contributions, constituting separate and
independent works in themselves, are assembled into a collective whole. A work
that constitutes a Collective Work will not be considered a Derivative Work (as
defined below) for the purposes of this License.
b.
"Creative Commons Compatible
License" means a
license that is listed at https://creativecommons.org/compatiblelicenses that
has been approved by Creative Commons as being essentially equivalent to this
License, including, at a minimum, because that license: (i)
contains terms that have the same purpose, meaning and effect as the License
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b.
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however that any such election will not serve to withdraw this License (or any
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8. Miscellaneous
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