LICENSE AND DISCLAIMER AGREEMENT
================================

IMPORTANT - READ CAREFULLY

This license and disclaimer statement constitutes a legal agreement ("License Agreement") between you (either as an individual or a single entity) and Cassbeth for this product, including any software, database, hardware, media, and accompanying on-line or printed documentation for the Quality Improvement Indicator (QII), Quality Improvement Program (QIP), Quality Improvement Indicator Data Collection (QIDC) tool to be referred to as the product or this product.

BY USING THIS PRODUCT, YOU AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS LICENSE AND DISCLAIMER AGREEMENT.

You are hereby licensed to use this product for the facility locations that you purchased. A minimum of 1 (one) license must be purchased. Additional licenses must be purchased for additional locations. You must forward us the facility name, location, and website (if available) of each facility to be licensed that is normally part of the sales transaction. 

You may not modify, reverse engineer, decompile, or disassemble this service and or the object code portions of this software, databases, or the hardware. You may not resell, bundle, offer for download, and offer as service on or off any network, including Intranets and the Internet this product without express written permission from Cassbeth. This product, is owned by Cassbeth and is protected by copyright law and international copyright treaty. Therefore, you must treat this product like any other copyrighted material (e.g., a book). All rights not expressly granted in this license agreement are reserved entirely to Cassbeth.

The product is provided "as is" and without any warranties expressed or implied, including, but not limited to, implied warranties of fitness for a particular purpose. In no event shall Cassbeth, it's associates, or Users of the product be held liable for any damages whatsoever (including, without limitation, damages for loss of business profits, business interruption, loss of business information, loss of life, loss of health, or other loss) arising out of the use of or inability to use the product, even if Cassbeth has been advised of the possibility of such damages. This disclaimer of warranty constitutes an essential part of this License Agreement. In no event shall Users of this product, Cassbeth or its principals, shareholders, officers, employees, affiliates, contractors, subsidiaries, parent organizations, or others be liable for any incidental, consequential, or punitive damages whatsoever relating to the use of the product, software, and hardware, or to your relationship with CassBeth. In no event does Cassbeth authorize you to use of this product in applications or systems where failure to perform can reasonably be expected to result in physical injury, or in loss of life. Any such use by you is entirely at your own risk, and you agree to hold CassBeth and Users of this product harmless from any claims or losses relating to such unauthorized use.

Cassbeth cannot guarantee the privacy of the data. The data is on the Internet and there are bad actors that periodically breach Internet security mechanisms. This is a criminal act just like breaking into a physical space and causing harm. Cassbeth assumes no liability in any data breaches, data damage, or loss of service.

ANY LIABILITY OF Cassbeth WILL BE LIMITED EXCLUSIVELY TO PRODUCT REPLACEMENT OR REFUND OF PURCHASE PRICE exclusively at the discretion of Cassbeth.

Any feedback given to Cassbeth will be treated as non-confidential and may be used by Cassbeth free of charge without limitation. Cassbeth may use sanitized versions of any data stored on the system.

This product is based on a proprietary process and methods that have been disclosed. The process and methods are owned by Cassbeth and may not be disclosed or used except for educational purposes. Whenever the process and methods are presented, Cassbeth is to be clearly identified as the sole originator of the process and method. Under no circumstances does CassBeth grant permission to codify this process and methods without express permission of Cassbeth.