Pulse Software, LLC Terms

All Sales are Final - Refund/Exchange/Cancellation Policy
All sales for products, services & support from Pulse Software & chiropulse.com are FINAL.
No returns, refunds or cancellations.
Return merchandise is not accepted except recent purchase broken media (see below).
In the event of broken media (CD/DVD) please contact us to obtain a replacement product within 14 days of purchase date (S/H charges apply).

Shipping Costs
Customer assumes all costs in shipping to & from Pulse Software. When available, shipping options will be offered and the cost of shipping is to be paid by the customer prior to shipment.

Warranty Policy
All products offered by Pulse Software & www.chiropulse.com, including ChiroPulse have no warranty.

ChiroPulse Software Updates
When available, ChiroPulse updates can be downloaded from our online Member Center by all users with active, valid licenses. Availability of updates is to be determined exclusively by Pulse Software, LLC.

ChiroPulse v1-3 & ChiroPulse Advanced v4 Software License
ChiroPulse v1-3 & ChiroPulse Advanced v4 requres a separate user license for EACH computer where it is installed. The first user is licensed to install both the Server and Client on one (1) PC. The ChiroPulse v1-4 license allows unlimited use of ChiroPulse on ONE COMPUTER by means of product activation key fixed to one specific PC. Updates are typically available 3-6 months after product removal from the new purchase catalog.

ChiroPulse365 Software License
ChiroPulse365 requres a separate user license for EACH computer where it is installed. Your license is TIME LIMITED according to purchase. You are not buying the softare, instead the license to USE the software for x days on one (1) computer. The first user is licensed to install both the Server and Client on one (1) PC. The ONE-YEAR ChiroPulse license allows it's unlimited use of ChiroPulse on ONE COMPUTER for 365 days by means of product activation key fixed to one specific PC. Licensure can be renewed for ONE YEAR at a time per computer, to allow full unlimited use. Upon expiration of your license certain features will be limited & restricted (see details below).

Each ChiroPulse365 item (quantity 1) includes:
» Installation and use on ONE computer per license for 365 days
» Program Updates for ChiroPulse Advanced for one year (via internet)
» General assistance via "Member Center" (www.chiropulse.com/center)
» Eligible for additional Priority Support at additional cost (see Member Center)
» Product activation & internet connection on each PC is required
» ChiroPulse365 is available via download immediately after verification and processing of your order

ChiroPulse Software License Activation
ChiroPulse will be made available for download within 72-hours of purchase if not sooner. Internet connection is required to download & license your software. Licensing will be self-service or thru Pulse Software customer service.

ChiroPulse Software License Transfer & Lost Licenses
ChiroPulse license is for one PC and cannot be transfered to any other PC. Any lost licenses, computer failures, computer replacement, licensing invalidation, etc. will require a new ONE-YEAR license purchase.

Credit Card Invoicing from chiropulse.com
Please make a note that a charge from "Pulse Software, LLC" will appear on your credit card statement for your order amount.

END-USER LICENSE AGREEMENT FOR PULSE SOFTWARE CHIROPULSE ALL VERSIONS

IMPORTANT-READ CAREFULLY: This EULA is a legal agreement between you and Pulse Software, LLC for the software identified above and that accompanies this EULA, which includes computer software and may include associated media, printed materials, "online" and electronic documentation ("Software"). YOU AGREE TO BE BOUND BY THE TERMS OF THIS EULA BY INSTALLING, COPYING, OR OTHERWISE USING THE SOFTWARE. IF YOU DO NOT AGREE, DO NOT INSTALL, COPY, OR USE THE SOFTWARE.

SOFTWARE LICENSE

1. GRANTS OF LICENSE. Pulse Software,LLC grants you the rights described in this EULA provided that you comply with all terms and conditions of this EULA.

1.1 General License Grant. Pulse Software, LLC grants to you for your internal use a nonexclusive, limited, royalty free license to install and use the Software.

1.2 Documentation. You may make and use an unlimited number of copies of any documentation, provided that such copies shall be used only for personal purposes and are not to be republished or distributed (either in hard copy or electronic form) beyond your premises.

2. RESERVATION OF RIGHTS AND OWNERSHIP. Pulse Software, LLC reserves all rights not expressly granted to you in this EULA. The Software is protected by copyright and other intellectual property laws and treaties. Pulse Software, LLC or its suppliers own the title, copyright, and other intellectual property rights in the Software. The Software is licensed, not sold.

3. LIMITATIONS ON REVERSE ENGINEERING, DECOMPILATION, AND DISASSEMBLY. You may not reverse engineer, decompile, or disassemble the Software, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation.

4. NO RENTAL/COMMERCIAL HOSTING. You may not rent, lease, lend or provide commercial hosting services with the Software.

5. PRODUCT SUPPORT SERVICES/CONSENT TO USE OF DATA. Pulse Software, LLC may provide you with product support services related to the Software. Use of any such support services is governed by the Pulse Software, LLC policies and programs described in the user manual, in online documentation, on support webpage, or in other Pulse Software provided materials. Any software Pulse Software, LLC may provide you as part of support services are governed by this EULA, unless separate terms are provided. Except as specifically provided, this EULA does not obligate Pulse Software, LLC to provide any support services or to support any software provided as part of those services. You agree that Pulse Software, LLC and its affiliates may collect and use technical information gathered as part of the product support services provided to you, if any, related to the Software. Pulse Software, LLC may use this information solely to improve our products or to provide customized services or technologies to you and will not disclose this information in a form that personally identifies you.

6. ADDITIONAL SOFTWARE/SERVICES. This EULA applies to updates, supplements, add-on components, or Internet-based services components, of the Software that Pulse Software, LLC may provide to you or make available to you after the date you obtain your initial copy of the Software, unless we provide other terms along with the update, supplement, add-on component, or Internet-based services component. Pulse Software, LLC reserves the right to discontinue any Internet-based services provided to you or made available to you through the use of the Software.

7. EXPORT RESTRICTIONS. You acknowledge that the Software is subject to U.S. export jurisdiction. You agree to comply with all applicable international and national laws that apply to the Software, including the U.S. Export Administration Regulations, as well as end-user, end-use, and destination restrictions issued by U.S. and other governments.

8. SOFTWARE TRANSFER. The initial user of the Software may make a one-time permanent transfer of this EULA and Software to another end user, provided the initial user retains no copies of the Software. The transfer may not be an indirect transfer, such as a consignment. Prior to the transfer, the end user receiving the Software must agree to all the EULA terms.

9. TERMINATION. Without prejudice to any other rights, Pulse Software, LLC may terminate this EULA if you fail to comply with the terms and conditions of this EULA. In such event, you must destroy all copies of the Software and all of its component parts.

10. DISCLAIMER OF WARRANTIES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, Pulse Software, LLC AND ITS SUPPLIERS PROVIDE THE SOFTWARE AND SUPPORT SERVICES (IF ANY) AS IS AND WITH ALL FAULTS, AND HEREBY DISCLAIM ALL OTHER WARRANTIES AND CONDITIONS, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, ANY (IF ANY) IMPLIED WARRANTIES, DUTIES OR CONDITIONS OF MERCHANTABILITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF RELIABILITY OR AVAILABILITY, OF ACCURACY OR COMPLETENESS OF RESPONSES, OF RESULTS, OF WORKMANLIKE EFFORT, OF LACK OF VIRUSES, AND OF LACK OF NEGLIGENCE, ALL WITH REGARD TO THE SOFTWARE, AND THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT OR OTHER SERVICES, INFORMATION, SOFTWARE, AND RELATED CONTENT THROUGH THE SOFTWARE OR OTHERWISE ARISING OUT OF THE USE OF THE SOFTWARE. ALSO, THERE IS NO WARRANTY OR CONDITION OF TITLE, QUIET ENJOYMENT, QUIET POSSESSION, CORRESPONDENCE TO DESCRIPTION OR NON-INFRINGEMENT WITH REGARD TO THE SOFTWARE. THE ENTIRE RISK AS TO THE QUALITY, OR ARISING OUT OF THE USE OR PERFORMANCE OF THE SOFTWARE AND ANY SUPPORT SERVICES REMAINS WITH YOU.

11. EXCLUSION OF INCIDENTAL, CONSEQUENTIAL AND CERTAIN OTHER DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL Pulse Software, LLC OR ITS SUPPLIERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, PUNITIVE, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS OR CONFIDENTIAL OR OTHER INFORMATION, FOR BUSINESS INTERRUPTION, FOR PERSONAL INJURY, FOR LOSS OF PRIVACY, FOR FAILURE TO MEET ANY DUTY INCLUDING OF GOOD FAITH OR OF REASONABLE CARE, FOR NEGLIGENCE, AND FOR ANY OTHER PECUNIARY OR OTHER LOSS WHATSOEVER) ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF OR INABILITY TO USE THE SOFTWARE, THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT OR OTHER SERVICES, INFORMATON, SOFTWARE, AND RELATED CONTENT THROUGH THE SOFTWARE OR OTHERWISE ARISING OUT OF THE USE OF THE SOFTWARE, OR OTHERWISE UNDER OR IN CONNECTION WITH ANY PROVISION OF THIS EULA, EVEN IN THE EVENT OF THE FAULT, TORT (INCLUDING NEGLIGENCE), MISREPRESENTATION, STRICT LIABILITY, BREACH OF CONTRACT OR BREACH OF WARRANTY OF Pulse Software, LLC OR ANY SUPPLIER, AND EVEN IF Pulse Software, LLC OR ANY SUPPLIER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

12. LIMITATION OF LIABILITY AND REMEDIES. NOTWITHSTANDING ANY DAMAGES THAT YOU MIGHT INCUR FOR ANY REASON WHATSOEVER (INCLUDING, WITHOUT LIMITATION, ALL DAMAGES REFERENCED HEREIN AND ALL DIRECT OR GENERAL DAMAGES IN CONTRACT OR ANYTHING ELSE), THE ENTIRE LIABILITY OF Pulse Software, LLC AND ANY OF ITS SUPPLIERS UNDER ANY PROVISION OF THIS EULA AND YOUR EXCLUSIVE REMEDY HEREUNDER SHALL BE LIMITED TO THE GREATER OF THE ACTUAL DAMAGES YOU INCUR IN REASONABLE RELIANCE ON THE SOFTWARE UP TO THE AMOUNT ACTUALLY PAID BY YOU FOR THE SOFTWARE OR US$5.00. THE FOREGOING LIMITATIONS, EXCLUSIONS AND DISCLAIMERS (INCLUDING SECTIONS 10 AND 11) SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EVEN IF ANY REMEDY FAILS ITS ESSENTIAL PURPOSE.

13. U.S. GOVERNMENT LICENSE RIGHTS. All Software provided to the U.S. Government pursuant to solicitations issued on or after December 1, 1995 is provided with the commercial license rights and restrictions described elsewhere herein. All Software provided to the U.S. Government pursuant to solicitations issued prior to December 1, 1995 is provided with "Restricted Rights" as provided for in FAR, 48 CFR 52.227-14 (JUNE 1987) or DFAR, 48 CFR 252.227-7013 (OCT 1988), as applicable.

14. APPLICABLE LAW. If you acquired this Software in the United States, this EULA is governed by the laws of the State of Washington. If you acquired this Software in Canada, unless expressly prohibited by local law, this EULA is governed by the laws in force in the Province of Ontario, Canada; and, in respect of any dispute which may arise hereunder, you consent to the jurisdiction of the federal and provincial courts sitting in Toronto, Ontario. If you acquired this Software in the European Union, Iceland, Norway, or Switzerland, then local law applies. If you acquired this Software in any other country, then local law may apply.

15. ENTIRE AGREEMENT; SEVERABILITY. This EULA (including any addendum or amendment to this EULA which is included with the Software) are the entire agreement between you and Pulse Software, LLC relating to the Software and the support services (if any) and they supersede all prior or contemporaneous oral or written communications, proposals and representations with respect to the Software or any other subject matter covered by this EULA. To the extent the terms of any Pulse Software, LLC policies or programs for support services conflict with the terms of this EULA, the terms of this EULA shall control. If any provision of this EULA is held to be void, invalid, unenforceable or illegal, the other provisions shall continue in full force and effect.