DB Consultants, Inc.
Practice Management Software For the Life Of Your Practice
When you purchase DB Consultants, Inc., AS/PC® Software, you are purchasing a license to use AS/PC® Software. DB Consultants, Inc., retains ownership of the AS/PC® software. Ownership of the license is not transferable without the written permission of DB Consultants, Inc. (see below).
For the purpose of this document:
- “AS/PC® Software” describes all Windows software developed by DB Consultants, Inc.
- “DB Consultants, Inc.” (“DBC®”) is the developer of AS/PC® Practice Management Software and add-on products. DB Consultants, Inc., licenses its software and provides annual maintenance contracts for telephone support and software upgrades.
- “Licensee” describes the customer purchasing a license to use any AS/PC® Software.
- “Dealer” describes the value-added reseller of the AS/PC® Practice Management Software. Dealer provides training and installation of the AS/PC® software, and may be available to provide hardware and operating system solutions.
- “Training,” describes all formal instruction provided by Dealer in the use of AS/PC® software included in the purchase of a license. The amount and content of training varies with the system/components licensed (see specific sections below). All training described in these Terms and Conditions must be completed within 150 days of the purchase date. Training not completed within this time period will be forfeited.
AS/PC® Software Primary Site License
Single-user Software Primary Site License: The single-user software license enables Licensee to install and use ONE and only ONE copy of AS/PC® Software on ONE computer.
Multi-user Software Primary Site License: The multi-user license enables Licensee to install AS/PC® in a network environment consisting of ONE set of data files installed on a dedicated file server, which are accessed by up to three (3) workstations (on-site or remote access using Microsoft® Terminal Server). Additional licenses must be purchased to access the data from more than three (3) workstations.
Primary Site Software Installation: Dealer is responsible for installing the AS/PC® Primary Site Software. Installation presumes that Licensee’s equipment and operating system have been properly installed, configured, and tested according to the DBC® Pre-Installation Checklist. Installation includes ½ hour of software installation time for each workstation. If Licensee’s system does not conform to the Pre-installation checklist at the time of installation, Dealer may charge for work necessary to prepare the existing operating systems and/or network for installation. All additional work will be discussed with Licensee before it is performed. Dealer is not obligated to work on any network, operating system, or computer equipment that the dealer did not provide. Dealer does not include any warranties on network installation.
Primary Site Software Basic Training: Dealer is responsible for providing basic training consisting of up to eight (8) hours of training for single-user systems, or up to twelve (12) hours of training for multi-user systems. Licensee’s staff must complete assignments in the “Computerizing Your Office” study guide as part of their training. When training is complete, Licensee and Dealer will review, sign and return the Installation and Training Acknowledgment (ITA) form to DB Consultants, Inc. Upon acceptance of this form, Licensee will be eligible for assistance from authorized DBC® Technical Support Staff. Many clinics purchase additional training to augment basic training. Licensee is responsible for arranging additional training for new staff. DBC® does not provide on-site or telephone training.
Primary Site Software License Maintenance Contract: Purchase of an AS/PC® Primary Site License includes a six-month software maintenance contract with DB Consultants, Inc. The contract begins on the date of installation.
Installation date will begin when Dealer, installer or Licensee, notifies DBC (via fax) by forwarding the printed “About AS/PC®” page along with the date installed. Services supplied and excluded by DB Consultants, Inc., under the AS/PC® maintenance contract:
INCLUDED NOT INCLUDED .
Telephone Support on AS/PC® Software Training, Installation or on-site visits
for the primary site upon completion of Repair to Damaged Data Files
initial setup and basic training Shipping Express/Priority/Overnight
Any Production Upgrades to AS/PC® Software Operating System Support
Shipping - ground Hardware Support
Only customers who are current on their maintenance contracts may upgrade or transfer licenses, purchase additional software modules, or receive training.
Telephone support is available weekdays, 9 a.m. to 5 p.m. Eastern Time. Software maintenance can be purchased from DB Consultants, Inc. As of 3/27/08, maintenance renewal rates for AS/PC® for Windows were $750 for single-user, $1060 for multi-user (up to 5 workstations). For each workstation over five (5), add $50. DBC® reserves the right to change its annual maintenance fees at any time without prior notice. Maintenance contract pricing is based on contiguous (uninterrupted) contract periods. If Licensee allows the maintenance contract to lapse beyond 90 days a surcharge will apply.
Customer Initials__________ Date__________ Dealer Initials __________ Date __________
Electronic Claims (ECS) setup, training, and technical support: Purchase of AS/PC® for Windows Software includes Dealer training and assistance throughout the testing phase of claims submission (the period when claim submission problems are resolved). The DBC® software maintenance agreement with Licensee does not include ECS support during the testing phase. When training is complete and the Licensee is approved to submit production claims (as opposed to test claims), Licensee and Dealer will review, sign and return the Installation and Training Acknowledgment (ITA) form to DB Consultants, Inc. Upon acceptance of this form, Licensee will be eligible for ECS assistance from authorized DBC® Technical Support Staff. Many clinics purchase additional training to augment basic training. Licensee is responsible for arranging additional training as needed. DBC® does not provide on-site or telephone training.
Prior to training, Licensee must obtain all required carrier ID numbers and read the ECS manuals provided. Licensee is responsible for arranging for/purchasing the necessary supplementary training or services, and/or communication software and devices to address: staff turnover, adding new carriers after initial training is completed, maintaining or troubleshooting problems with modem or communication software. Clearinghouse registration and other charges are not covered by this contract. Clearinghouse fees are paid directly to the clearinghouse.
DBC® maintains support for basic electronic claims transmission standards issued by Medicare and DBC authorized EDI partners to enable submission of claims directly to these organizations using AS/PC® software. For any and all other modes of submitting electronic claims, including, but not limited to, submitting claims to non-authorized clearinghouses or using other software interfaces to complete data transmission, AS/PC® Software is provided on an “as is” basis; it is the sole responsibility of Licensee to determine the suitability of using AS/PC® for these submissions.
IMPORTANT: Licensee is explicitly warned not to “hold” claims during the testing phase of electronic claims submission. Licensee must continue to submit claims using an alternate method during the entire testing period.
AS/PC® Add-on Software
AS/PC® Advanced Reporting Module and AS/PC® Claims: Purchase of these add-on programs includes software installation by Dealer and is available to users who are current on their annual maintenance contracts.
AS/PC® Software Second-site License
A primary site license holder may purchase second-site licenses at a 50% discount if the following provisions are met:
- Legal ownership of the secondary site license and primary site license must be the same;
- The primary site must have a current maintenance contract at the time of purchase of the second-site license;
- Second-site licenses do not include training or telephone technical support (the primary site must provide basic training and telephone support for second site);
- Second-site licenses must be of equal or lesser stature than the primary site license. (Example: if the primary site license is multi-user, then the second site may be multi-user or single-user; however, if the primary site license is single-user, the second site must be single-user and cannot be multi-user.)
Second site license discounts do not apply to AS/PC® Add-on Software.
Second-site Installation and Maintenance Contracts: Second-site installation includes installation as defined under Primary Site license above. Purchase of a second site license includes 6 months of software upgrades. Basic training and telephone support are not included. After 6 months, you may purchase a full maintenance contract at the prevailing primary license maintenance contract renewal rate described above, or a software upgrade-only (no telephone support) maintenance agreement at a rate equivalent to 50% of the primary license maintenance renewal rate described above. Primary site must have a current maintenance contract for the second site to purchase a maintenance contract. If the primary site maintenance contract lapses at any time, the second site maintenance contract becomes null and void.
AS/PC® Billing Copy License
Purchase of a billing copy license allows Licensee to install an additional copy of AS/PC® Software on a single computer. Billing site licenses are subject to the following restrictions:
- Legal ownership of the billing copy license and the primary site license must be identical;
- The primary site must have a current annual maintenance contract with DB Consultants, Inc. at the time of purchase of the billing copy license;
- Billing site licenses carry a steep discount and therefore do not include training or installation;
- Billing copies of AS/PC® Software must be installed on and run from the same computer as the primary copy of the software;
- Billing copy license discounts do not apply to AS/PC® Add-on Software.
Billing Copy Maintenance Contracts: Purchase of a billing copy license includes 6 months of software upgrades and technical support; it does not include installation or basic training. After 6 months, Licensee may purchase annual software upgrades at prevailing rates. As of 05/16/2007, the cost of a billing copy maintenance agreement was $200 for AS/PC® for Windows. DBC® reserves the right to change pricing for annual maintenance fees at any time without prior notice. Primary sites must have a current maintenance contract for the billing copy to have a current maintenance contract. If the primary site maintenance contract lapses at any time, the billing copy maintenance contract becomes null and void.
Illegal Installation of AS/PC® Software: Licensee’s AS/PC® Software license conveys the right to install AS/PC® Software as defined in the preceding paragraphs. Installing additional copies of AS/PC® Software, or allowing additional copies to be installed, without first obtaining a valid license is illegal and a violation of Federal Trademark laws.
Customer Initials__________ Date__________ Dealer Initials __________ Date __________
License Transfer: DB Consultants, Inc., will, at their option, permit the transfer of legal ownership of a primary site license under the following conditions:
- The primary site has a current maintenance contract;
- The transferee pays a transfer fee equal to one year maintenance fee (no discounts apply)
- Licensee purchases a one year support contract
- DBC® receives an official letter of transfer (on letterhead and signed by transferor).
Maintenance contracts and second site licenses cannot be transferred.
Limited Warranty: DB Consultants, Inc., warrants that the software is free from defects in materials and workmanship and will perform substantially in accordance with the documentation for a period of 365 days from the date of purchase. Some states and jurisdictions do not allow limitation on duration of an implied warranty. The limitation, therefore, may not apply to you. To the extent allowed by applicable law, the implied warranty on the software is limited to the time period stated.
Customer Remedy: In the event that the limited warranty stated above is breached, your exclusive remedy against DB Consultants, Inc., and its suppliers shall be, at DB Consultants, Inc. option, either a return of the price paid or repair or replacement of the software. This limited warranty is void if the failure of the software has resulted from accident, abuse, misapplication or failure to follow the instructions in the documentation.
Limitation on Suit: By accepting the software, you agree that you will not bring any suit or other legal proceedings against DB Consultants, Inc., in any court or jurisdiction except in the state courts of Pennsylvania in the County of Bucks. No other court, tribunal, arbitration proceeding or otherwise shall have jurisdiction to hear any claim brought against DB Consultants, Inc., arising out of or in any way related to the sale or use of the software. If you initiate a suit or other proceedings against DB Consultants, Inc., in any court, tribunal, arbitration or other proceedings except in the state courts of Pennsylvania in the County of Bucks, you will be liable and agree to pay DB Consultants, Inc's reasonable attorney's fees in defending against such a proceeding. The foregoing limitation applies only to suits or proceedings in which DB Consultants, Inc., is named as a party.
DISCLAIMER OF WARRANTY: NO OTHER WARRANTIES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, DB CONSULTANTS, INC., AND ITS SUPPLIERS DISCLAIM ALL OTHER WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE WITH REGARD TO THE SOFTWARE. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY HAVE OTHERS, WHICH VARY FROM STATE/JURISDICTION TO STATE/JURISDICTION.
NO LIABILITY FOR CONSEQUENTIAL DAMAGES: TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL DB CONSULTANTS, INC, OR ITS SUPPLIERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL 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 THE SOFTWARE PRODUCT, EVEN IF DB CONSULTANTS, INC., HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, BECAUSE SOME STATES AND JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
DBC®, AS/PC®, dBMail®, and dBar® are registered trademarks of DB Consultants, Inc.; Windows® is a registered trademark of Microsoft Corporation. This software is copyrighted © 1983-2008 by DB Consultants, Inc., all rights reserved. The Terms and Conditions described in this document and in the DBC® License agreement may not be modified. If you do not agree to the terms and conditions above and in the license agreement, do not install this software. It is illegal to sell this software, or install it or otherwise transfer it to any system(s) other than those specifically licensed by DBC® to use the software.
We, the undersigned, have read all three pages of the DB Consultants, Inc., document entitled “AS/PC® Software Terms and Conditions: Effective 3/27/08 and understand and agree to the terms and conditions stated therein.
(Except for signatures, please print all information below.)
_____________________________________ ______________________________________
Licensee Name (print) Dealer Name (print)
_____________________________________ ______________________________________
Licensee Street Address (print) Dealer Street Address (print)
_____________________________________ ______________________________________
Licensee City, State, Zip Dealer City, State, Zip
_____________________________________ ______________________________________
Licensee Signature / title Dealer Signature / title
____________________ ____________________
Date Date
tnc.doc mkb/brw 3/27/08
AS/PC ®, dBMail ®, dBar ®, dbc ® are registered trademarks ® of DB Consultants, Inc. 610.847.5065