Forte EMR Patient Portal

END USER LICENSE AGREEMENT

PLEASE READ CAREFULLY BEFORE USING THIS SOFTWARE PRODUCT.
This is an End-User License Agreement (“EULA”), which is a legal agreement between You, either an individual or business entity, and Forté Holdings, a business entity, that governs your use of this Software.

BY INSTALLING THIS SOFTWARE ON YOUR COMPUTER YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS EULA.YOU ALSO ACCEPT THIS EULA IF YOU KEEP THE SOFTWARE FOR 30 DAYS.IF YOU DO NOT ACCEPT THE TERMS AND CONDITIONS OF THIS EULA, YOUR SOLE REMEDY IS TO RETURN THE UNINSTALLED SOFTWARE TO YOUR PLACE OF PURCHASE WITHIN 30 DAYS FOR A FULL REFUND SUBJECT TO THE REFUND POLICY OF YOUR PLACE OF PURCHASE.

1. DEFINITIONS.

“Software” means a computer program called “iPCR”, which functions to help document interactions between injured persons and first response medical care service providers, such as fire department, police, ambulance, and paramedics, that occur on the scene of an accident and/or during transport to medical care facility buildings.

“Install” means place the Software on a computer’s hard disk, CD-ROM, or other secondary storage device of the computer.

“Use” means executing or loading the Software into a computer’s RAM or other primary memory of the computer.

“License Seat” is right to Use the Software on one computer at one time.

“Computer” is defined as, but not limited to, an iPad, laptop, tablet, desktop or other electronic device.

2. GRANT OF RIGHTS. Forté Holdings hereby grants to You a nonexclusive license to Install and Use the Software on one computer at a time for Use by You and only You, One (1) License Seat.

3. UPGRADES. This EULA applies to updates or supplements to the original Software provided by Forté Holdings.

4. TITLE TO SOFTWARE. Forté Holdings retains title to and ownership of the Software along with all enhancements, modifications, and updates of the Software.

5. WIRELESS DATA PLAN REQUIRED. You are hereby notified that a wireless data plan providing continuous wireless Internet access to your computer is required in order for proper functioning of the Software. Wi-Fi connectivity on its own is not sufficient, although Wi-Fi connectivity is recommended as well. You must have continuous wireless Internet access on your computer, such as that provided over a cellular phone network, in order for the Software to function properly. All warranties of the Software are void without continuous wireless Internet access to your computer.

6. CONFIDENTIALITY. Software is the proprietary product of Forté Holdings. You agree to keep all copies of the Software confidential, only to provide access to those employees (if applicable) that require access to operate the your business in a reasonable fashion.

7. COPYRIGHTS TO SOFTWARE. The Software is protected by U.S. Copyright law and international treaty where Forté Holdings is the owner of these copyrights.

8. MODIFICATIONS AND ENHANCEMENTS. You will make no efforts to reverse engineer the Software, or make any modifications or enhancements without Forté Holdings’ express written consent.

9. WARRANTY LIMITATIONS. The Software is provided “as is”. Forté Holdings disclaims all warranties, including but not limited to, all express or implied warranties of merchantability and fitness for a particular purpose.

10. REMEDY LIMITATIONS. Forté Holdings’ entire liability and your sole and exclusive remedy for breach of any warranty is the repair or replacement of the Software.

11. DAMAGE LIMITATIONS. Neither party is liable to the other for indirect, special, consequential, or incidental damages, including loss of profits, and Forté Holdings’ liability to You for any other damages relating to or arising out of this Agreement whether in contract, tort, or otherwise will be limited to the amount received by Forté Holdings as license fees for this License Seat of Software during the 12 month period immediately prior to the time such claim arose.

12. ASSIGNMENT. The rights conferred by Forté Holdings are not assignable by You without Forté Holdings’ prior written consent.
Forté Holdings may impose a reasonable fee on any such assignment.

13. INTEGRATION. This Agreement constitutes the entire understanding between the parties. The terms of this Agreement can be modified only in writing when signed by both parties.

14. SEVERABILITY. Should any part or provision of this Agreement be held unenforceable or in conflict with the law of any jurisdiction, the validity of the remaining parts or provisions will not be affected by such holding. In the event a part or provision of this Agreement is held unenforceable, in conflict with law, or affects consideration to either party, the parties agree to negotiate in good faith to cure or amend such part or provision in a manner consistent with the intention of the parties as expressed in this Agreement.

15. CHOICE OF LAW. This Agreement, including all matters of construction, validity, and performance, will be governed by and construed and enforced in accordance with the laws of the State of California as applied to contracts made, executed, and to be fully performed in such state by citizens of such state, without regard to its conflict of law rules.

16. CHOICE OF FORUM. The Parties agree that the exclusive jurisdictions and venues for any action brought between the Parties arising under this Agreement will be the state court in El Dorado County, California or, in the case of a dispute involving federal jurisdiction, the federal court sitting in Sacramento, California and each of the Parties hereby agrees and submits itself to these exclusive jurisdictions and venues of such courts for such purpose.

17. ATTORNEYS’ FEES. It is agreed by both parties that, in the case of a controversy over this Agreement involving any legal process, the prevailing party in such controversy has the right to collect from the other party its reasonable costs and necessary disbursements and attorneys' fees incurred in enforcing its rights under this Agreement.

Company Information
Forté Holdings
5137 Golden Foothill Pkwy Suite 110
El Dorado Hills, CA 95762
Phone: 800-456-2622
Fax: 509-756-1435
support@forteholdings.com

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