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Dynamsoft Terms

The Services provided by Practice Fusion, Inc. (“Practice Fusion”) contain the Dynamsoft Software (as defined below) provided by Dynamsoft Corporation (“Dynamsoft”). As a condition of your accessing the Dynamsoft Software, Dynamsoft requires that you agree to be bound by these additional terms (“Dynamsoft Terms”). These Dynamsoft Terms are cumulative with, and do not in any way limit, your obligations under your User Agreement; and, by accessing the Dynamsoft Software, you are thereby agreeing to these Dynamsoft Terms. Any terms or phrases not otherwise defined in these Dynamsoft Terms shall have the meaning given to them in your User Agreement.

  1. Definitions. “Dynamsoft Software” means the “Dynamic Web TWAIN” software and its add-ons, accompanying components, parts and documentation that have been developed by Dynamsoft.

  2. License Grant. Dynamsoft grants you a nonexclusive, non-transferable, and limited license to use the Dynamsoft Software products and functionalities for which you have paid the applicable fees to Practice Fusion solely for your internal business purposes and in accordance with the terms and conditions of these Dynamsoft Terms and your User Agreement. The Dynamsoft Software is licensed, not sold, to you. If you acquire or are provided with any directories, components, connectors, utilities, data, or other items from Practice Fusion for use with the Dynamsoft Software (the “Additional Software”), your use of the Additional Software shall be in accordance with the terms, conditions, obligations and restrictions of these Dynamsoft Terms.

  3. Installation and Use. You may install and use the Software only in the configuration and for the number of subscriptions purchased by you through Practice Fusion. In order to exercise your rights to the Dynamsoft Software under these Dynamsoft Terms you must activate your copy of the Dynamsoft Software in the manner described during the launch sequence.

  4. Effect of Termination. Upon the expiration of your license, all rights granted to you under these Dynamsoft Terms (including but not limited to, the rights to use, and/or provide access to the Dynamsoft Software) shall terminate unless renewed, and you shall immediately cease use of the Dynamsoft Software and uninstall all copies of the Dynamsoft Software.

  5. Restrictions. All rights reserved. Except as expressly permitted by these Dynamsoft Terms or by applicable law you may not: (a) lease, loan, resell, assign, sublicense, or otherwise distribute the Dynamsoft Software or any of the rights granted by these Dynamsoft Terms; (b) use the Dynamsoft Software to provide or operate Application Service Provider (ASP), service bureau, marketing, training, outsourcing services, or consulting services, or any other commercial service related to the Dynamsoft Software or to develop training materials; (c) modify (even for purposes of error correction), adapt, or translate the Dynamsoft Software or create derivative works therefrom except as necessary to configure the Dynamsoft Software using the menus, options and tools provided for such purposes and contained in the Dynamsoft Software; (d) in any way reverse engineer, disassemble or decompile the Dynamsoft Software (including reverse compiling to ensure interoperability) or any portion thereof except to the extent and for the express purposes authorized by applicable law notwithstanding this limitation; (e) use the Dynamsoft Software to develop a product which is competitive with any Dynamsoft product offerings; (f) use unauthorized keycode(s); (g) permit third party access to, or use of, the Dynamsoft Software except as expressly permitted herein; and (h) distribute or publish keycode(s).

  6. Ownership. Dynamsoft and/or its suppliers retain all right, title and interest in and to the Dynamsoft Software and all copies at all times, regardless of the form or media in or on which the original or other copies may subsequently exist. You neither own nor hereby acquire any claim or right of ownership to the Dynamsoft Software or to any related patents, copyrights, trademarks or other intellectual property. You agree to retain the Software in confidence and prevent unauthorized disclosure or use. Dynamsoft and/or its suppliers reserve all rights not expressly granted to you. Dynamsoft suppliers are the intended third-party beneficiaries of these Dynamsoft Terms and have the express right to rely upon and directly enforce the terms set forth herein.

  7. Support. Dynamsoft shall not provide support directly to you; rather all support regarding the Dynamsoft Software shall be provided to you by Practice Fusion.

  8. WARRANTIES AND DISCLAIMERS. THE DYNAMSOFT SOFTWARE AND THE ACCOMPANYING FILES ARE SOLD “AS IS” WITHOUT WARRANTY OF ANY KIND EITHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. ANY USE BY YOU OF THE DYNAMSOFT SOFTWARE IS AT YOUR OWN RISK.

  9. NO LIABILITY FOR CONSEQUENTIAL DAMAGES. UNDER NO CIRCUMSTANCES SHALL DYNAMSOFT BE LIABLE FOR ANY DAMAGES WHATSOEVER ARISING FROM THE USE OR INABILITY TO USE THE DYNAMSOFT SOFTWARE.