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Ann Marie T. Sullivan, M.D., Acting Commissioner
Governor Andrew M. Cuomo

END-USER LICENSE AGREEMENT FOR
NEW YORK STATE OFFICE OF MENTAL HEALTH COMPUTER SOFTWARE

IMPORTANT—READ CAREFULLY: This New York State Office of Mental Health (OMH) End-User License Agreement ("EULA") is a legal agreement between you (either an individual or a single entity) and OMH for the OMH software product identified as ‘Blended Case Management’, which includes computer software and may include associated media, printed materials, and "online" or electronic documentation ("SOFTWARE PRODUCT"). By installing, copying, or otherwise using the SOFTWARE PRODUCT, you agree to be bound by the terms of this EULA. If you do not agree to the terms of this EULA, do not download, install or use the SOFTWARE PRODUCT.

Software PRODUCT LICENSE

The SOFTWARE PRODUCT is protected by copyright laws, as well as other intellectual property laws and treaties. The SOFTWARE PRODUCT is licensed, not sold.

  1. GRANT OF LICENSE. This EULA grants you the right to use the SOFTWARE PRODUCT for business purposes and only in object code forms. Any other use is prohibited, including but not limited to, reproducing, distributing, selling, renting, or leasing copies of the SOFTWARE PRODUCT and derivative works thereof in source or object code forms either as a stand-alone product or included with your own product.

    No part of any content, form or document may be reproduced in any form or incorporated into any information retrieval system, electronic or mechanical, other than for your business use.

  2. TERMINATION. Without prejudice to any other rights, OMH 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 PRODUCT.

LIMITED WARRANTY

NO WARRANTIES. OMH expressly disclaims any warranty for the SOFTWARE PRODUCT. The SOFTWARE PRODUCT and any related documentation is provided "as is" without warranty of any kind, either express or implied, including, without limitation, the implied warranties or merchantability, fitness for a particular purpose, or noninfringement. The entire risk arising out of use or performance of the SOFTWARE PRODUCT remains with you.

NO LIABILITY FOR DAMAGES. In no event shall OMH, its officers or employees be liable for any damages whatsoever (including, without limitation, damages for loss of business profits, business interruption, loss of business information, or any other pecuniary loss) arising out of the use of or inability to use this OMH product, whatever the legal theory (including, without limitation, breach of contract, breach of warranty, tort, product liability or otherwise), even if OMH has been advised of the possibility of such damages.
NOTE: The negation of damages set forth here is a fundamental element of the basis of the bargain between you and OMH. This site and related information would not be provided without such limitations. No advice or information, whether oral or written, obtained by you from OMH through the site or otherwise shall create any warranty, representation or guarantee not expressly stated in this EULA.

MISCELLANEOUS

If you acquired this product in the United States, this EULA is governed by the laws of the State of New York.

Should you have any questions concerning this EULA, or if you desire to contact OMH for any reason, please contact the OMH Helpdesk at (518) 474-5554.

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