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AMERICAN ACADEMY OF PEDIATRICS

TERMS OF USE

Practice Management Online access for multiple users requires institutional licensing. Use in a local area network or other network is not permitted without separate authorization and the payment of additional licensing fees. You may obtain information on institutional/network licensing by contacting the Department of Marketing and Publications at 1-800/434-8000 ext 7091.

1. Ownership and License. This is a license agreement and NOT an agreement for sale. It permits you to access Practice Management Online for individual, internal informational, and noncommercial use. The Product and its contents are owned by the American Academy of Pediatrics (AAP) or our licensors, and are protected by US and international copyright laws. Your rights to use the Product are specified in this Agreement, and the AAP retains all rights not expressly granted to you in this Agreement.

2. Transfer and Other Restrictions. You may not rent, lend, or lease this Product. You may not and you may not permit others to (a) disassemble, decompile, or otherwise derive source code from the software included in the Product (the "Software"), (b) reverse engineer the Software, (c) modify or prepare derivative works of the Product, (d) use the Software in an on-line system or (e) use the Product in any manner that infringes on the intellectual property or other rights of another party. However, you may transfer this license to use the Product to another party on a permanent basis by transferring this copy of the License Agreement, the Product, and all documentation. Such transfer of possession terminates your license from us. Such other party shall be licensed under the terms of this Agreement upon its acceptance of this Agreement by its initial use of the Product. If you transfer the Product, you must remove the installation files from your hard disk and you may not retain any copies of those files for your own use.

3. Limited Warranty and Limitation of Liability. For a period of sixty (60) days from the date you acquired the Product from the AAP or our authorized dealer, the AAP warrants that the media containing the Product will be free from defects that prevent you from installing the Product on your computer. If the disc fails to conform to this warranty, you may, as your sole and exclusive remedy, obtain a replacement free of charge if you return the defective disc to us with a dated proof of purchase. Otherwise the Product is licensed to you on an "AS IS" basis without any warranty of any nature.

WE DO NOT WARRANT THAT THE PRODUCT WILL MEET YOUR REQUIREMENTS OR THAT ITS OPERATION WILL BE UNINTERRUPTED OR ERROR-FREE. WE EXCLUDE AND EXPRESSLY DISCLAIM ALL EXPRESS AND IMPLIED WARRANTIES NOT STATED HEREIN, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

WE SHALL NOT BE LIABLE FOR ANY DAMAGE OR LOSS OF ANY KIND ARISING OUT OF OR RESULTING FROM YOUR POSSESSION OR USE OF THE PRODUCT (INCLUDING DATA LOSS OR CORRUPTION), REGARDLESS OF WHETHER SUCH LIABILITY IS BASED IN TORT, CONTRACT OR OTHERWISE AND INCLUDING, BUT NOT LIMITED TO, ACTUAL, SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES. IF THE FOREGOING LIMITATION IS HELD TO BE UNENFORCEABLE, OUR MAXIMUM LIABIL- ITY TO YOU SHALL NOT EXCEED THE AMOUNT OF THE LICENSE FEE PAID BY YOU FOR THE PRODUCT. THE REMEDIES AVAILABLE TO YOU AGAINST US AND THE LICENSORS OF MATERIALS INCLUDED IN THE PRODUCT ARE EXCLUSIVE.

Some states do not allow the limitation or exclusion of implied warranties or liability for incidental or consequential damages, so the above limitations or exclusions may not apply to you.

4. United States Government Restricted Rights. The Product and documentation are provided with Restricted Rights. Use, duplication, or disclosure by the US Government or any agency or instrumentality thereof is subject to restrictions as set forth in subdivision (c)(1) (ii) of the Rights in Technical Data and Computer Software clause at 48 C.F.R. 252.227-7013, or in subdivision (c)(1) and (2) of the Commercial Computer Software-Restricted Rights Clause at 48 C.F.R. 52.277-19, as applicable. Producer is the American Academy of Pediatrics, 141 Northwest Point Blvd, PO Box 927, Elk Grove Village, IL 60009-0927.

5. Termination. This license and your right to use this Product automatically terminate if you fail to comply with any provisions of this Agreement, destroy the copy of the Product in your possession, or voluntarily return the Product to us. Upon termination, you will destroy all copies of the Product and documentation.

6. Miscellaneous Provisions. Agreement will be governed by and construed in accordance with the substantive laws of the State of Illinois. This is the entire agreement between us relating to the Product, and supersedes any prior purchase order, communications, communications, advertising or representations concerning the contents of this package. No change or modification of this Agreement will be valid unless it is in writing and is signed by us.

SYSTEM REQUIREMENTS
Computer, Internet Access, Internet Explorer version 5 or higher, or Netscape 6



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American Academy of Pediatrics, 141 Northwest Point Blvd., Elk Grove Village, IL, 60007, 847-434-4000
Use of this Web site signifies acceptance of our Terms of Use