By purchasing the software contained within the application CASE, you accept this Agreement, and you ("You" or "Purchaser") will be bound by its terms. Comprehensive Application Solutions, Inc. ("Vendor") hereby grants You a nonexclusive license to use the Software in a professional capacity, for the purpose of gathering data from individuals to whom the Software is administered, subject to the following conditions:
1. Use of Software
THE SOFTWARE IS DESIGNED AND INTENDED FOR USE ONLY BY TRAINED, ACCREDITED, AND LICENSED SPEECH-LANGUAGE PATHOLOGISTS. The Software is not intended for use by laypersons or the general public. The Purchaser acknowledges and agrees that the Software will be utilized and administered only by a Speech-Language Pathologist. The Software is not intended to treat patients, or provide a diagnosis to individuals(s) that the Software is administered. The Software and results are for informational purposes and to gather data for use and interpretation by the Speech-Language Pathologist.
2. No Warranties; Disclaimers
VENDOR DOES NOT GUARANTEE THAT THE SOFTWARE WILL MEET ALL REQUIREMENTS OF PURCHASER OR ANY USER, OR THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR FREE. VENDOR DOES NOT GUARANTEE THAT ALL DEFECTS IN THE SOFTWARE WILL BE CORRECTED. FURTHER, VENDOR IS NOT RESPONSIBLE FOR ANY DEFECT OR ERROR RESULTING FROM THE MODIFICATION, MISUSE, OR DAMAGE OF THE SOFTWARE.
ALL SOFTWARE PROVIDED BY THE VENDOR ARE “AS IS” WITHOUT WARRANTY OF ANY KIND TO PURCHASER OR AND THIRD PARTY, INCLUDING, BUT NOT LIMITED TO ANY EXPRESSED OR IMPLIED WARRANTIES OF (1) MERCHANTABILITY; (2) FITNESS FOR A PARTICULAR PURPOSE; (3) TITLE; (4) QUALITY; (5) ACCURACY; (6) NONINFRINGEMENT; (7) QUIET ENJOYMENT; AND (8) EFFORT TO ACHIEVE PURPOSE.
PURCHASER AGREES THAT ANY EFFORTS BY VENDOR TO MODIFY ITS GOODS OR SERVICES SHALL NOT BE DEEMED A WAIVER OF THESE LIMITATIONS, AND THAT ANY VENDOR WARRANTIES SHALL NOT BE DEEMED TO HAVE FAILED OF THEIR ESSENTIAL PURPOSE. PURCHASER FURTHER AGREES THAT VENDOR SHALL NOT BE LIABLE TO PURCHASER OR ANY THIRD PARTY FOR ANY LOSS OF PROFITS, LOSS OF USE, INTERRUPTION OF BUSINESS, OR ANY DIRECT, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHETHER UNDER THIS AGREEMENT OR OTHERWISE, EVEN IF VENDOR WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR WAS GROSSLY NEGLIGENT.
3. Limitation of Liability
VENDOR IS NOT LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES, INCLUDING THE LOSS OF PROFITS, REVENUE, DATA, OR USE OR COST OF SUBSTITUTE GOODS INCURRED BY YOU OR ANY THIRD PARTY. LIABILITY FOR ALL CLAIMS OF ANY KIND SHALL BE LIMITED TO GENERAL MONEY DAMAGES (I.E. COMPENSATORY DAMAGES) NOT TO EXCEED THE FEES ACTUALLY PAID BY PURCHASER TO VENDOR.
4. Intellectual Property Ownership
PURCHASER ACKNOWLEDGES THAT THE SOFTWARE IS COPYRIGHTED MATERIAL OWNED BY THE VENDOR. PURCHASER MAY NOT COPY OR REPRODUCE ANY PART OF THE SOFTWARE. THE PURCHASER, OR ANY END USER IS PROHIBITED FROM MODIFYING, REVERSE ENGINEERING, DECOMPILING, OR CREATING DERIVATIVE WORKS BASED ON THE SOFTWARE.
Vendor owns and retains all rights, title, and interest in the Software and all related material. You may not distribute, sell, license, rent, lease, or otherwise transfer rights to any other person or entity or make any other commercial use of the Software.