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EULA
Terms and Conditions

These are the terms and conditions that govern the use of this software by end users. By entering this site you agree to these terms and conditions.

As a NAOMI® user I understand that my work will involve access to Protected Health Information (PHI) as defined by HIPAA (The Health Insurance Portability and Accountability Act) for the purpose of providing treatment, arranging for treatment, or other health care operations. I also acknowledge that I am engaged by a covered entity. By logging in as a NAOMI® user, I further acknowledge my responsibility to protect the privacy of PHI, and to guard against inappropriate use or disclosure of PHI. If you are an unauthorized user, access to such information is strictly prohibited and may subject you to criminal or civil penalties.This is in compliance with The Health Insurance Portability and Accountability Act (HIPAA) of 1996 and its implementation regulations.

1.	This is an agreement between NSS LLC, herein referred to as the "Licensor", and the END USER, herein referred to as the "Licensee", who is being licensed to use the  Software Service Solution, herein referred to as "Software" or "software".
2.	Licensee acknowledges that this is only a limited non-exclusive license.  Licensor is and remains the owner of all titles, rights, and interests in the software.
3.	This License permits Licensee to access the solution on the number of devices to which the Licensee has paid licenses (provisioned user(s) account(s)), as long as the Software will not be used by more than the amount of paid licenses simultaneously.  Licensee will not make copies of the Software or allow copies of the Software to be made by others, unless authorized by Licensor.    
4.	This Software is subject to a limited warranty.  Licensor warrants to Licensee that the physical medium on which this Software is distributed is free from defects in materials and workmanship under normal use, the Software will perform according to agreed terms of this contract, and to the best of Licensor's knowledge Licensee's use of this Software is not an infringement of any third party's intellectual property rights.  To the extent permitted by law, THE ABOVE-STATED LIMITED WARRANTY REPLACES ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, AND LICENSOR DISCLAIMS ALL IMPLIED WARRANTIES INCLUDING ANY IMPLIED WARRANTY OF TITLE, MERCHANTABILITY, NONINFRINGEMENT, OR OF FITNESS FOR A PARTICULAR PURPOSE.  No agent of Licensor is authorized to make any other warranties or to modify this limited warranty.  Any action for breach of this limited warranty must be commenced within one year of the expiration of the warranty.  Because some jurisdictions do not allow any limit on the length of an implied warranty, the above limitation may not apply to this Licensee.  If the law does not allow disclaimer of implied warranties, then any implied warranty is limited to 30 days after delivery of the Software to Licensee. 
5. 	 The Licensor reserves the right to discontinue support of the software, at any given time the software is deemed "end of life".  This applies to productize versions of the software, and custom versions of the software.  The Licensee may be offered alternatives, subject to new terms and conditions.  In the event the Licensee wishes to receive continued support for "end of life" software, the Licensor may offer continued support, subject to new terms and conditions.
6.	Notwithstanding the foregoing, LICENSOR IS NOT LIABLE TO LICENSEE FOR ANY DAMAGES, INCLUDING COMPENSATORY, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, CONNECTED WITH OR RESULTING FROM THIS LICENSE AGREEMENT OR LICENSEE'S USE OF THIS SOFTWARE.  
7.	Licensee agrees to defend and indemnify Licensor and hold Licensor harmless from all claims, losses, damages, complaints, or expenses connected with or resulting from Licensee's business operations.  
8.	Licensor has the right to terminate this License Agreement and Licensee's right to use this Software upon any material breach by Licensee.
9.	Licensee agrees to return to Licensor or to destroy all copies of the Software upon termination of the License.
10.	This License Agreement is the entire and exclusive agreement between Licensor and Licensee regarding this Software.  This License Agreement replaces and supersedes all prior negotiations, dealings, and agreements between Licensor and Licensee regarding this Software.  
11.  In no event, unless required by applicable law, shall Licensor, or any person(s) representing Licensor be liable for any loss, expense or damage, of any type or nature arising out of the use of, or inability to use this software or program, including, but not limited to, claims, suits or causes of action involving alleged infringement of copyrights, patents, trademarks, trade secrets, or unfair competition.
12.	This License Agreement is governed by the law of Delaware applicable to Delaware contracts.  
13.	This License Agreement is valid without Licensor's signature.  It becomes effective upon the earlier of Licensee's signature or Licensee's use of the Software.
For more information on HIPAA please go to:
http://www.hhs.gov/ocr/hipaa/
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