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Independent Eyecare Professional Benchmark Analysis Guest Version End User License Agreement - EULA

C&E Vision has a proven record for saving its members money, and simplifying the management of their practices. C&E uses the purchasing power of its 4,000+ members to negotiate discounts. Along with volume discounts and our extensive list of leading industry suppliers, C&E offers a wide range of premier services to help grow your business.

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NOTICE TO USER: PLEASE READ THIS CONTRACT CAREFULLY BEFORE USING THE SOFTWARE. This End-User License Agreement ("EULA") is a legal agreement between you (either an individual person or a single legal entity, who will be referred to in this EULA as "You") and C&E Vision Services, Inc. ("C&E") for the C&E software product that is associated with this EULA, including any associated programs, media, printed materials and electronic documentation (the "Program"). The term "Program" includes the original software and all whole or partial copies of it. Software includes machine-compilable and/or machine-readable instructions, its components, data, audio-visual content (such as images, text, fonts, recordings, or pictures), and related licensed materials, whether on disk, in read only memory, on any other media or in any other form. The Program also includes any software upgrades, modified versions, updates, add-on components, web services and/or supplements that C&E may provide to You or make available to You after the date You obtain Your initial copy of the Program to the extent that such items are not accompanied by a separate license agreement or terms of use. C&E WILL LICENSE THE PROGRAM TO YOU ONLY IF YOU FIRST ACCEPT THE TERMS OF THIS AGREEMENT. BY USING ALL OR ANY PORTION THE PROGRAM YOU AGREE TO THESE TERMS. Your click of the "I ACCEPT the Terms Shown Above" button (or other similarly labeled button) is a symbol of your signature that you accept the terms of this Agreement. YOU AGREE THAT THIS AGREEMENT IS ENFORCEABLE LIKE ANY WRITTEN NEGOTIATED AGREEMENT SIGNED BY YOU. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, DO NOT INSTALL, ACCESS OR USE THE PROGRAM. The Program is protected by copyright laws, international copyright treaties, and other laws and treaties. The Program is licensed, not sold. 1. License. C&E grants to you a non-exclusive license to use the Program only in accordance with the terms and conditions set forth herein. You will ensure that anyone who uses the Program does so only in compliance with the terms of this EULA. 1.1 Trademarks. This EULA does not grant You any rights in connection with any trademarks or service marks of C&E. 1.2 Reservation of Rights. All rights not expressly granted are reserved by C&E. 2. Prohibited Conduct and Uses. You agree not to transfer, assign, rent, lease, sublicense, or lend the Program to any other person or entity, except as expressly provided herein, and that any attempt to do so in any other way shall be null and void. You agree not to use, copy or modify the Program, in whole or in part, except as expressly provided for in this EULA. You may not distribute or otherwise make the Program available to any third party. You agree not to modify, adapt, translate, reverse engineer, decompile, disassemble, translate or otherwise attempt to discover the source code or modify the functionality of the Program. This EULA does not grant you any property rights in the Program, including intellectual property rights. You agree that the Program will not be shipped, transferred, or exported into any country or handled in any manner prohibited by the United States Export Administration Act or any other export laws, restrictions or regulations. 3. Limitation of access or use. C&E may temporarily limit access to or use of the Program or any portion thereof at any time and for any reason. 4. Disclaimer of Warranty. C&E IS PROVIDING YOU THE PROGRAM ON AN "AS- IS" BASIS WITHOUT WARRANTY OF ANY KIND. C&E DOES NOT AND CANNOT WARRANT THE PERFORMANCE OF THE PROGRAM OR ANY RESULTS YOU MAY OBTAIN BY USE OF THE PROGRAM. C&E MAKES NO WARRANTIES, EXPRESS OR IMPLIED, AS TO NON-INFRINGEMENT OF THIRD-PARTY RIGHTS, MERCHANTABILITY, OR FITNESS FOR ANY PARTICULAR PURPOSE, REGARDING THE PROGRAM OR TECHNICAL SUPPORT THEREFOR, IF ANY. C&E MAKES NO WARRANTY REGARDING THE CAPABILITY OF THE PROGRAM TO CORRECTLY PROCESS, PROVIDE AND/OR RECEIVE DATE DATA WITH AND BETWEEN TWO CENTURIES. IN NO EVENT WILL C&E BE LIABLE TO YOU OR ANY OTHER PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL OR SPECIAL DAMAGES, INCLUDING ANY LOST PROFITS OR LOST SAVINGS, EVEN IF A REPRESENTATIVE OF C&E HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY THIRD PARTY. Some jurisdictions do not allow limitations on the duration of implied warranties, so your rights may vary depending on the state or jurisdiction in which you are located. If you are in a state or jurisdiction which prohibits the exclusion or limitation of damages or implied warranties, to the extent permissible, any implied warranties shall be limited to ninety (90) days. YOU EXPRESSLY ACKNOWLEDGE THAT NO REPRESENTATIONS OTHER THAN THOSE CONTAINED IN THIS EULA HAVE BEEN MADE RESPECTING THE GOODS OR SERVICES TO BE PROVIDED HEREUNDER, AND THAT YOU HAVE NOT RELIED ON ANY REPRESENTATION NOT EXPRESSLY SET OUT HEREIN. 5. Governing Law. This EULA will be governed by the laws of the State of California, without regard to its choice of law provisions. This EULA will not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded. 6. General Provisions. Nothing in this EULA affects any statutory rights of consumers that cannot be waived or limited by contract. C&E may terminate Your license at any time. If any part of this EULA is determined to be void or unenforceable by a court of competent jurisdiction, such part shall be deemed severed and shall not affect the validity of the balance of this EULA, which shall remain valid and enforceable according to its terms. 7. Entire Agreement. Other than any terms of use pertaining to You use of C&E's website, this EULA (including any addendum or amendment to this EULA which is included with the Program) is the entire agreement between You and C&E relating to the Program and related support services (if any) and they supersede all prior or contemporaneous oral or written communications, proposals and representations with respect to the Program or any other subject matter covered by this EULA. . Government End Users. The Program is a Commercial Item as defined under Federal law and is being licensed to U.S. Government end users only as a Commercial Item and with only those rights as are granted to all other end users pursuant to the terms and conditions stated herein.