End User License Agreement

LAST UPDATED: December 18, 2019

 

ICORECONNECT / FLORIDA ePRESCRIBING END USER LICENSE AGREEMENT

 

Acknowledgment

This End User License Agreement (EULA) is a binding legal agreement between iCoreConnect, Inc., its subsidiaries, affiliates or assigns (collectively referred to herein as “Company,” “iCoreConnect,” “we,” “us,” or “our”), a provider of software, websites, services or products (collectively referred to herein after as “Service” or “Services”) and You (either an individual or a single legal entity you represent hereinafter “Licensee” or “You”) whose details are provided to Company upon purchase of, license of, installation of, account creation of, accessing of or visitation to our Services (hereinafter “Initiation”).

 

​By participating in Initiation, you warrant to Company that you have reviewed this EULA, including Company’s Terms & Conditions, Privacy Policy and any other legal notices, conditions or guidelines provided by Company or posted on its websites (“Related Agreements”), and you understand them.

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If you do not agree to the terms of this EULA, you may not install, copy, download or otherwise use the Services. If you are agreeing to this EULA on behalf of a company or other organization, you represent that you have the authority to bind that company or organization to this EULA, and the terms Licensee, “you” and “your” refer to that company or organization.

 

Account Registration

You may need to register on a Company website in order to place orders or access or receive some Services. Your registration information must be provided in accordance with Company’s Terms and Conditions, the most recent version of which can be found at iCoreConnect.com. You are responsible for all actions taken through your accounts.

 

Grant of License

The Services are licensed, not sold, and no ownership right is conveyed to you, irrespective of the use of terms in this EULA such as “purchase” or “sale”.​  Company grants you a revocable, non-exclusive, limited right to install and/or use the Services, strictly in accordance with the this EULA and Related Agreements.  This EULA applies whether you purchase Services directly from Company, through an authorized Reseller, Channel Partner or otherwise. Company is not bound by any obligations to you other than what is included in this EULA.

 

Restrictions on Use

You shall use the Services strictly in accordance with the terms of this EULA and Related Agreements, and shall not:

(a) decompile, reverse engineer, attempt to derive the source code of, or decrypt the Services;

(b) make any adaption, improvement or derivative work;

(c) violate any applicable laws in connection with Your access or use of the Services; or

(d) otherwise use the Services for any other purpose which it is not designed or intended.

 

Third-Party Software

(a) You acknowledge the Services may contain software licensed by Company from third parties, including open source software and that in addition to the obligations of this EULA, additional obligations may apply in relation to any use of the third-party software by you which is not in accordance with the use of the Services as permitted under the terms of this EULA. In such circumstances you must consult the relevant third party to acquire any necessary licenses and consents in relation to your use of the third-party software.

(b) The Services use, may require and/or may depend on various third-party Application Programming Interfaces (“APIs”), software and/or hardware. Company disclaims any liability for any failure or limitations of these APIs, software and/or hardware.

 

Payment for Service

With the exception of Services explicitly intended by Company to be free of fees (“Fee-Free Services”), you must pay the fee within the period indicated in the applicable invoice or as otherwise provided in Company’s pricing terms, which may be provided as a supplement to this EULA, or the Related Agreements. Failure to pay any fees by the due date may result in the immediate termination of the license(s), other right(s), access and/or protections granted under this EULA.

 

Support Services

Company may provide you with support services related to the Services (”Support”), in its discretion and for the purpose of addressing technical issues relating to use of the Services. Support may also include access to bug fixes, patches, modifications, or to the Services that Company makes generally available. Any such Support will be considered part of the Services and subject to the terms of this EULA.  Any supplemental software code provided to you as a part of Support will be considered part of the Services and subject to the terms of this EULA. Unless otherwise specified in a transaction, you are responsible for the installation of any Services. Company encourages feedback from its customers. If you have any feedback regarding your purchase or use of the Services, please provide that feedback to Company at support@icoreconnect.com.

 

Data Security & Privacy

Company’s collection, use, disclosure and handling of your information is done in accordance with its Privacy Policy. The most recent version of the Privacy Policy can be found at iCoreConnect.com.

 

Termination

Company may terminate your access to Services pursuant to the Company’s Terms and Conditions, the most recent version of which can be found at iCoreConnect.com.

 

Confidentiality

Except as otherwise set forth in this Agreement, each party agrees that all code, inventions, know-how, business, technical and financial information disclosed to such party (“Receiving Party”) by the disclosing party (“Disclosing Party”) constitute the confidential property of the Disclosing Party (“Confidential Information”), provided that it is identified as confidential at the time of disclosure. Any Company technology and any performance information relating to the Services shall be deemed Confidential Information of Company without any marking or further designation. Except as expressly authorized herein, the Receiving Party will hold in confidence and not use or disclose any Confidential Information. The Receiving Party’s nondisclosure obligation shall not apply to information which the Receiving Party can document: (i) was rightfully in its possession or known to it prior to receipt of the Confidential Information; (ii) is or has become public knowledge through no fault of the Receiving Party; (iii) is rightfully obtained by the Receiving Party from a third party without breach of any confidentiality obligation; or (iv) is independently developed by employees of the Receiving Party who had no access to such information. The Receiving Party may also disclose Confidential Information if so required pursuant to a regulation, law or court order (but only to the minimum extent required to comply with such regulation or order and with advance notice to the Disclosing Party). The Receiving Party acknowledges that disclosure of Confidential Information would cause substantial harm for which damages alone would not be a sufficient remedy, and therefore that upon any such disclosure by the Receiving Party the Disclosing Party shall be entitled to appropriate equitable relief in addition to whatever other remedies it might have at law. For the avoidance of doubt, this section shall not operate as a separate warranty with respect to the operation of any Services.

 

Publicity Rights

Licensee grants Company the right to include the Licensee’s company name, logo, and/or likeness, and/or any review that Licensee may provide (in full or in part) to Company, within Company’s promotional material. Licensee can revoke this right at any time by submitting a written request via email to support@icoreconnect.com, requesting to be excluded from future promotional material. Requests made after purchasing may take sixty (60) calendar days to process.

 

Disclaimer of Warranties and Limitation of Liability

Company disclaims warranties and limits liability in accordance with its Terms and Conditions, the most recent version of which can be found at iCoreConnect.com.

 

Severability

If any term of this EULA is found to be unenforceable or contrary to law, it will be modified to the least extent necessary to make it enforceable, and the remaining portions of this EULA will remain in full force and effect.

 

No Waiver

No waiver of any right under this EULA will be deemed effective unless contained in writing signed by a duly authorized representative of the party against whom the waiver is to be asserted, and no waiver of any past or present right arising from any breach or failure to perform will be deemed to be a waiver of any future rights arising out of this EULA.

 

Revisions to EULA

Company may update, modify or amend (together, “Revise”) this EULA from time to time, including any referenced policies and other documents.

 

Entire Agreement

This EULA constitutes the entire agreement between the parties with respect to its subject matter, and supersedes all prior agreements, proposals, negotiations, representations or communications relating to the subject matter. Both parties acknowledge that they have not been induced to enter into this EULA by any representations or promises not specifically stated herein. This EULA may not be modified or amended by you without Company’s written agreement (which may be withheld in Company’s complete discretion). In the event of a conflict between the terms of this EULA and the terms of any open source licenses applicable to the Services, for the specific terms in conflict the terms of the open source licenses shall control with regard to the Services, or part-thereof.

 

Contact Information

For communications concerning this EULA, please write to support@icoreconnect.com.​

If you have any concerns about Company’s data protection practices, please write to support@icoreconnect.com.

 

  

PUB. NO. 1000.084.121819