BY BUYING THIS PRODUCT, YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THIS LICENSE.
1. Use Restrictions: Dr Bill LLC dba physician-lists.com (DRBILL) grants to you, the End-User a non-exclusive, non-transferable license to use this product and the information it contains (the database "Content") subject to the following restriction: It may be used only by the purchasing End-user and may not be made available for any other use by loan or rental.
2. Proprietary Rights: The Databases are proprietary to DRBILL and its sources and suppliers, and will remain the exclusive property of DRBILL and its sources and suppliers, and the End-user obtains no rights therein except as set forth in this License. The Databases and the information contained therein may not be duplicated, transferred, sold or commercially exploited in any manner. End-user agrees to take reasonable measures, which ensure that such unauthorized use is not made. THE DATABASES HAVE BEEN "SEEDED" WITH A NUMBER OF FICTITIOUS RECORDS IN ORDER TO MONITOR AND ENFORCE COMPLIANCE WITH THIS AGREEMENT.
3. Disclaimer of Warranty on Databases and Software: THE DATABASES ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTY OF FITNESS FOR ANY PARTICULAR PURPOSE OR WARRANTY OF MERCHANTABILITY. NEITHER DRBILL NOR ITS SUPPLIERS WARRANT, GUARANTEE OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THIS PRODUCT IN TERMS OF THE ACCURACY, RELIABILITY, CURRENTNESS, OR OTHERWISE OF THEIR CONTENTS. THE ENTIRE RISK AS TO THE RESULTS AND PERFORMANCE OF THIS PRODUCT IS ASSUMED BY THE END-USER.
4. Limitations of Liability: In no event shall DRBILL's total liability to the End-User for all damages, losses and causes of action, whether in contract, tort (including negligence and strict liability) or otherwise, exceed the license fee for the product. NEITHER DRBILL NOR ANYONE ELSE WHO HAS BEEN INVOLVED IN THE CREATION, PRODUCTION, OR DELIVERY OF THIS PRODUCT SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION AND THE LIKE) ARISING OUT OF THE USE OF OR INABILITY TO USE SUCH PRODUCT EVEN IF DRBILL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
5. Updates will be provided free of charge for one year. Additional updates may be provided and a fee may be charged for the updates, however, they are not a mandatory obligation of DRBILL, for the purposes of this license agreement or any other purposes or implications.
6. Usage and Support: All DRBILL databases are "information", not "software". The product is delivered in popular database "formats" simply making it easily accessible for any database applications. "Information" requires no technical support. DRBILL has no liability and is not authorized to support other vendor's database software. DRBILL, as a courtesy, may post help pages on its web site or provide other technical support, yet holds no liability to do so.
7. Undeliverable Records: Company will replace with new records or will refund the money by presented FAILURE list on over 4% of undeliverable records.
8. Complete Agreement: This license constitutes the entire agreement between the End-User and DRBILL, which supercedes any proposal or prior agreement, oral or written, and any other communications between the End-User and DRBILL relating to the subject matter of this License. No dealer, distributor, agent or employee is authorized to make any modifications or additions to this license. The laws of the State of North Carolina and/or the United States of America shall govern any question concerning the validity, construction, or performance of this Agreement. End-User and DRBILL hereby further agree that venue and jurisdiction for any disputes shall be laid in the Courts of Mecklenburg County, North Carolina, which the parties agree shall be the sole and exclusive venue of the resolution of any such disputes arising hereunder.