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The FABAbill Attorney Billing Program ("FABAbill") is the property of
TechRelief Software, Inc. ("TechRelief Software") and is licensed, not sold.
By purchasing a license to use FABAbill, you agree to be bound by the terms of this License Agreement.
LICENSE. FABAbill is protected by U.S. Copyright Law. You are granted a nontransferable,
nonexclusive license (the "License") to use FABAbill subject to this License Agreement. If you
give anyone else access to FABAbill, you are responsible for making sure those users abide by the terms of this
License Agreement.
YOU MAY NOT RENT, LEASE, OR SELL ACCESS TO FABABILL. YOU MAY NOT USE FABABILL TO PARTICIPATE IN OR ASSIST
WITH THE DEVELOPMENT, ENHANCEMENT, OR MARKETING OF ANY PRODUCTS THAT COULD BE USED AS AN ALTERNATIVE TO FABABILL.
YOU MAY NOT USE FABABILL TO CONDUCT ANY ILLEGAL OR HARMFUL ACTIVITIES. ANY USE OF FABABILL, EXCEPT
AS EXPRESSLY PERMITTED IN THIS LICENSE AGREEMENT, MAY SUBJECT YOU TO CIVIL DAMAGES AND ATTORNEYS' FEES.
TERM.
This license takes effect on the date of purchase and remains in effect until it is terminated by
either you or TechRelief Software.
LICENSE FEES & MAXIMUM STAFF MEMBERS. The monthly fee for this license is based on the number of staff
members who either bill their time or need access to your billing data, and is established at the time of
purchase. TechRelief Software reserves the right to change the monthly fee for this license once per year
(based on the anniversary of the date of purchase), in which case you will be given at least ninety (90) days
notice. You are not allowed to enter more staff members than were paid for into FABAbill (you can
replace terminated staff members with new staff members). If you need to increase the number of staff members
that FABAbill allows, you must contact TechRelief Software to pay the additional monthly fee required for
the additional staff members. If you want to decrease the number of staff members that FABAbill allows,
you must contact TechRelief Software; however, you will NOT receive a refund of any license fees that have already
been paid – the monthly fee will be decreased at the start of your next billing cycle, provided you have not
exceeded the new staff member limit.
PAYMENT & REFUND POLICY. When you purchase a FABAbill license, the credit card or other account that
is used will be automatically charged the monthly license fee every month, until you terminate this
license. The monthly charge will occur on the same date every month, unless there are not enough days in the
month, in which case the charge will occur on the last day of the month. If you terminate this license, then
TechRelief Software will issue a prorated refund of the monthly license fee for any days that remain in the current
monthly billing period.
ACCESS TO FABABILL.
FABAbill is accessible via the Internet (you and any additional staff
members you give access to are responsible for connecting to the Internet). TechRelief
Software will make a good faith effort to make FABAbill available at all times. However, FABAbill
may on occasion be unavailable for foreseeable and unforeseeable reasons including, but not limited to the
following: FABAbill maintenance performed by TechRelief Software; Technical problems with the FABAbill
Internet Service Provider; Technical problems with your Internet Service Provider. Any interruption of
service will not be a breach of this Agreement.
PROGRAM CHANGES. TechRelief Software reserves the right to make changes to FABAbill at any time,
as it deems necessary.
TECHNICAL SUPPORT.
The costs to maintain and support FABAbill are included in the license fees for this agreement.
In addition, TechRelief Software provides free telephone and email assistance
to FABAbill customers. However, we are not obligated to provide unlimited assistance.
DATA CONFIDENTIALITY. TechRelief Software takes extensive measures to protect the confidentiality
of any client information you enter into FABAbill and to prevent that data from being viewed by anyone other
than you and your authorized staff members. These measures include, but are not limited to, password
protection, encryption of data in transit and at rest, and the use of reliable, trustworthy cloud hosting
providers that have received industry standard certifications relating to security and privacy.
TechRelief Software does NOT claim any ownership rights to the client information you enter into FABAbill,
and does NOT have the authority to copy, transfer, or alter that information except as required to support
your use of FABAbill. TechRelief Software does NOT have the authority to view any client
information that you enter into FABAbill. TechRelief Software will not disclose any client
information that you enter into FABAbill, unless you have explicitly authorized the disclosure of that
information or unless TechRelief Software is legally required to disclose that information. In the event
that TechRelief Software is legally required to disclose your information, you will be notified
(if allowed by law and within the constraints allowed by law) of the legal
requirement and reasonable efforts will be made to give you the opportunity to respond before the information
is disclosed.
TERMINATION BY YOU.
You may terminate this license at any time by notifying TechRelief Software in writing (email is
acceptable) that you wish to terminate this license. All of your rights to FABAbill will cease
once TechRelief Software receives such notice. TechRelief Software will delete your client data
thirty (30) days after the license is terminated, unless you inform TechRelief Software in writing that
you would like your client data deleted sooner.
TERMINATION BY TECHRELIEF SOFTWARE.
TechRelief Software reserves the right to terminate this license immediately and without notice if you or
anyone else you give access to violates the terms of this license agreement. TechRelief Software
also reserves the right to terminate this license for any other reason by providing you with sixty (60)
days notice in writing. If TechRelief Software terminates this license for any reason other than
breach of this license agreement, then TechRelief Software will refund any License Fees that were paid in
advance for days after the termination date. TechRelief Software will delete your client data thirty
(30) days after the license is terminated, unless you inform TechRelief Software in writing that you would
like your client data deleted sooner.
RESERVATION OF RIGHTS. All rights not expressly granted are reserved by TechRelief Software.
ATTORNEY'S FEES. If it should be necessary for either party to bring suit to enforce any provision of
this Agreement, it is stipulated that all costs and attorney's fees (including those on appeal) will be paid to the
successful party by the unsuccessful party.
NO LEGAL ADVICE. TechRelief Software provides FABAbill, which was developed based on the
expertise of practicing attorneys; however, TechRelief Software does not provide legal advice and is not engaged
in the practice of law. Any support or assistance that TechRelief Software provides should NOT be construed
as legal advice.
WARRANTY DISCLAIMER. FABABILL IS PROVIDED WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED,
INCLUDING, BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
LIMITATION OF LIABILITY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL TECHRELIEF
SOFTWARE BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES (INCLUDING BUT NOT LIMITED TO LOSS
OF PROFITS, LOSS OF INFORMATION, OR INTERRUPTION OF BUSINESS) ARISING OUT OF THE USE OF OR INABILITY TO USE FABABILL,
EVEN IF TECHRELIEF SOFTWARE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY CASE, TECHRELIEF
SOFTWARE'S ENTIRE LIABILITY UNDER ANY PROVISION OF THIS LICENSE AGREEMENT SHALL BE LIMITED TO THE FEE PAID FOR THIS
LICENSE.
GENERAL. This License Agreement will inure to the benefit of TechRelief Software, its successors,
and assigns and will be construed under the laws of the State of Florida.
If any provision of this License Agreement is deemed invalid by a court of competent jurisdiction, such
provisions shall be enforced to the maximum extent permitted and the remainder will remain in full force.
Last Updated: November 20, 2017.
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