Terms and Conditions
Service Level Agreements
Service Level Agreements
Service Level Agreement
This Service Level Agreement (“SLA”) is made part of and governed by the Master Services Agreement (the “Agreement”) executed between Provider and Customer. Provider may change or modify these terms from time-to-time without notice other than posting the amended terms on Provider’s website. The amended terms will automatically be effective when so posted, and Customer’s continued use of Provider’s products shall constitute Customer’s consent to such changes.
Provider agrees to repair and maintain the Applications in good operating condition (ordinary wear and tear excepted), including, without limitation, furnishing all parts and labor, unless otherwise agreed by the parties. All such maintenance will be conducted in accordance with the service levels in Items 1 through 10 below. All such maintenance will be provided at Provider’s sole cost and expense unless necessitated by any misuse of, or destruction, damage, or vandalism to any premises equipment by Customer (not incarcerated individuals at the Facilities), in which case, Provider may recoup the cost of such repair and maintenance through either a Commission deduction or direct invoicing, at Provider’s option. Customer agrees to promptly notify Provider in writing after discovering any misuse of or destruction, damage, or vandalism to the equipment. If any portion of the Applications are interfaced with other devices or software owned or used by Customer or a third party, Provider will have no obligation to repair or maintain such other devices or software.
This Service Level Agreement (“SLA”) is made part of and governed by the Master Services Agreement (the “Agreement”) executed between Provider and Customer. Provider may change or modify these terms from time-to-time without notice other than posting the amended terms on Provider’s website. The amended terms will automatically be effective when so posted, and Customer’s continued use of Provider’s products shall constitute Customer’s consent to such changes.
Provider agrees to repair and maintain the Applications in good operating condition (ordinary wear and tear excepted), including, without limitation, furnishing all parts and labor, unless otherwise agreed by the parties. All such maintenance will be conducted in accordance with the service levels in Items 1 through 10 below. All such maintenance will be provided at Provider’s sole cost and expense unless necessitated by any misuse of, or destruction, damage, or vandalism to any premises equipment by Customer (not incarcerated individuals at the Facilities), in which case, Provider may recoup the cost of such repair and maintenance through either a Commission deduction or direct invoicing, at Provider’s option. Customer agrees to promptly notify Provider in writing after discovering any misuse of or destruction, damage, or vandalism to the equipment. If any portion of the Applications are interfaced with other devices or software owned or used by Customer or a third party, Provider will have no obligation to repair or maintain such other devices or software.
- Outage Report; Technical Support. If either of the following occurs: (a) Customer experiences an Application outage or malfunction or (b) the Application requires maintenance (each a “System Event”), then Customer will promptly report the System Event to Provider’s Technical Support Department (“Technical Support”). Customer may contact Technical Support 24 hours a day, seven days a week (except in the event of planned or emergency outages) by telephone at 866-558-2323, by email at TechnicalSupport@securustech.net, or by facsimile at 800-368-3168. Provider will provide Customer commercially reasonable notice, when practical, before any Technical Support outage.
- Priority Classifications. Upon receipt of Customer’s report of a System Event, Technical Support will classify the System Event as one of the following three priority levels:
| “Priority 1” | 30% or more of the functionality of the Application is adversely affected by the System Event. |
| “Priority 2” | 5% – 29% of the functionality of the Application is adversely affected by the System Event. |
| “Priority 3” | Less than 5% of the functionality of the Application is adversely affected by the System Event. Single and multiple phones related issues. |
- Response Times. After receipt of notice of the System Event, Provider will respond to the System Event within the following time periods:
| Priority 1 | 2 hours |
| Priority 2 | 24 hours |
| Priority 3 | 72 hours |
- Response Process. In the event of a System Event, where the equipment is located on Customer premises, Technical Support will either initiate remote diagnosis and correction of the System Event or dispatch a field technician to the Facility (in which case the applicable regional dispatcher will contact Customer with the technician’s estimated time of arrival), as necessary. In the event a System Event occurs in the centralized SCP system, technical support will initiate remote diagnosis and correction of the System Event.
- Performance of Service. All the repair and maintenance of the Applications will be done in a good and workmanlike manner at no cost to Customer except as may be otherwise set forth in the Agreement. Any requested modification or upgrade to the Applications that is agreed upon by Provider and Customer may be subject to a charge as set forth in the Agreement and will be implemented within the time period agreed by the parties.
- Escalation Contacts. Customer’s account will be monitored by the applicable Territory Manager and Regional Service Manager. In addition, Customer may use the following escalation list if Provider’s response time exceeds 36 hours: first to the Technical Support Manager or Regional Service Manager, as applicable, then to the Director of Field Services, then to the Executive Director, Service.
- Notice of Resolution. After receiving internal notification that a Priority 1 System Event has been resolved, a technician will contact Customer to confirm resolution. For a Priority 2 or 3 System Event, a member of Provider’s customer satisfaction team will confirm resolution.
- Monitoring. Provider will monitor its back office and validation systems 24 hours a day, seven days a week.
- Required IGR. Customer is responsible for providing a dedicated isolated grounded receptacle (“IGR”) for use in connection with the Applications. Upon request, Provider will provide Customer with the specifications for the IGR. If Customer is unable to or does not provide the IGR, Provider will provide the IGR on a time and materials basis at the installer’s then-current billing rates, provided that Provider is not responsible for any delay caused by Customer’s failure to provide the IGR.
- End-User Billing Services and Customer Care. Provider’s Securus Correctional Billing Services department will maintain dedicated customer service representatives to handle end-user issues such as call blocking or unblocking and setting up end-user payment accounts. The customer service representatives will be available 24 hours a day, 7 days a week by telephone at 800-844-6591, via chat by visiting Provider’s website securustech.net, and by facsimile at 972-277-0714. In addition, Provider will maintain an automated inquiry system on a toll-free customer service phone line that will be available to end-users 24 hours a day, 7 days a week to provide basic information and handle most routine activities. Provider will also accept payments from end-users by credit card, check, and cash deposit (such as by money order, MoneyGram or Western Union transfer).
IPRO/JLG Terms and Conditions
IPRO/JLG Terms and Conditions
JLG End User Software License Agreement
THIS IS THE EXCLUSIVE LEGAL AGREEMENT BETWEEN YOU AND THE LICENSOR OF THIS SOFTWARE.THIS AGREEMENT GOVERNS YOUR USE OF THIS SOFTWARE. CAREFULLY READ THIS AGREEMENT BEFORE YOU INSTALL OR USE THIS SOFTWARE. BY INSTALLING OR USING THIS SOFTWARE YOU ARE AGREEING TO BE BOUND BY THIS AGREEMENT. YOU HAVE THE OPTION OF ACCEPTING OR NOT ACCEPTING THE TERMS AND CONDITIONS OF THIS AGREEMENT. IF YOU DO NOT AGREE WITH THE TERMS AND CONDITIONS OF THIS AGREEMENT YOU MAY NOT INSTALL OR USE THIS SOFTWARE AND YOUR LICENSE FEE WILL BE REFUNDED.
END-USER LICENSE AGREEMENT
This End-User License Agreement (“Agreement”) is the sole and exclusive agreement between you (herein after “You” or “Your”) and JLG Technologies, LLC, its suppliers, and licensors (collectively referred to as “Licensor”). You agree and covenant to the following terms and conditions:
YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, UNDERSTAND IT, AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS.
THIS IS THE EXCLUSIVE LEGAL AGREEMENT BETWEEN YOU AND THE LICENSOR OF THIS SOFTWARE.THIS AGREEMENT GOVERNS YOUR USE OF THIS SOFTWARE. CAREFULLY READ THIS AGREEMENT BEFORE YOU INSTALL OR USE THIS SOFTWARE. BY INSTALLING OR USING THIS SOFTWARE YOU ARE AGREEING TO BE BOUND BY THIS AGREEMENT. YOU HAVE THE OPTION OF ACCEPTING OR NOT ACCEPTING THE TERMS AND CONDITIONS OF THIS AGREEMENT. IF YOU DO NOT AGREE WITH THE TERMS AND CONDITIONS OF THIS AGREEMENT YOU MAY NOT INSTALL OR USE THIS SOFTWARE AND YOUR LICENSE FEE WILL BE REFUNDED.
END-USER LICENSE AGREEMENT
This End-User License Agreement (“Agreement”) is the sole and exclusive agreement between you (herein after “You” or “Your”) and JLG Technologies, LLC, its suppliers, and licensors (collectively referred to as “Licensor”). You agree and covenant to the following terms and conditions:
- License Grant: Subject to Your continued compliance with this Agreement and payment of the applicable license fee(s), Licensor grants You a personal, single user, non-transferable, non-exclusive, revocable license to use, install, store, load, execute, and display the Licensor’s software, including software fixes, patches, new releases, upgrades, new versions, enhancements and/or portions thereof, in binary code form only, and the accompanying documentation, if any, (collectively the “Software”), for You solely as a single user. You shall only use the Software strictly in support of Your internal business operations and to process Your own data or as You may deem necessary to support other government agencies that have been granted access to the Software and related data by your organization. You shall not (a) sublicense, assign or transfer the Software or any right or obligation under this Agreement, (b) copy or distribute the Software, , (c) rent, loan, lease or otherwise transfer any right to the Software, (d) translate, reverse engineer, decompile or disassemble or otherwise alter the Software (except to the extent, when required by law, and then only to the minimum extent required by law) or (e) distribute (directly or indirectly) any copy of the Software, in whole or in part, or any direct product thereof to any country, entity, or destination prohibited by the United States Government.
- Term:This Agreement remains effective until terminated. You may terminate this Agreement at any time by destroying the Software, including all copies. This Agreement shall automatically terminate, without notice, if at any time you fail to comply with all of the terms and conditions of this Agreement. Upon termination for any reason, You shall promptly destroy the Software and all copies or portions thereof in any form and delete all electronic copies.
- Ownership and Confidentiality: The Software is and shall remain the sole and exclusive property of the Licensor and/or its suppliers and is protected by United States copyright laws and international treaty provisions. All data generated by the Software and never displayed or presented to You through normal use including, but not limited to, debugging data, data for new development, data for testing, data produced as an intermediate step of computation, data produced for cache/performance optimization, statistics, voice models, electronic files, analysis, analyzed data, data structures, and algorithms (collectively referred to as “Internal Data”) is and shall remain the sole property of Licensor. Viewable output data generated by the Software expressly including user action audit data, suspicious scores, detection scores, confidence scores, voice scores, model scores, voice capture scores, re-scoring, statistical computations, subsets, mathematical and other transformations, ranking of data, system generated rankings, system generated scores, system generated indexes, call event activity detections i.e. such as voice change events, including any subsets derivatives, or graphical representations of the foregoing (collectively referred to as “Output Results”) is and shall remain the sole property of Licensor. Together the Internal Data and Output Results are referred to as “Proprietary Data”. For the duration of this Agreement, Licensor grants You an internal use (except as otherwise expressly set forth below), royalty-free, non-exclusive, non-assignable, non-transferable license to use the Output Results (but, not the Internal Data) as required in the operation of your business including, without limitation, sharing the Output Results with external law enforcement and related government agencies on an as needed basis. It is an express condition of this Agreement that title to, ownership of, and all rights in patents, copyrights, trade secrets and any and all other intellectual property rights in and to the Software and Proprietary Data, including any copy or part thereof, is and shall remain in the Licensor and/or its suppliers. Licensor reserves the right, at is sole option, to modify, update, revise, or discontinue the Software or any portion thereof. You shall not remove, destroy or obscure any proprietary, trademark or copyright markings or confidentiality legends placed upon or contained on or within the Software or any related materials. You warrant that You shall preserve all of Licensor’s proprietary and confidential information and data (“Confidential Information”) in strict confidence until such time, if ever, the Confidential Information is made publicly available other than through Your breach of Your obligation of confidentiality. Licensor’s Confidential Information shall include, without limitation, the Software, Proprietary Data, voice recordings, license pricing, service prices, purchase orders, trade secrets, discoveries, processes, ideas, discoveries, future products, and the terms and conditions of this Agreement.
- Terms Governed by Contract with Supplier: You agree and acknowledge that additional terms and conditions including, but not limited to, support, service, fees, and payment terms may be governed by one or more separate agreements between You and the supplier of the Software, other software, computer system, and/or computer network. You further agree and acknowledge Licensor is not a party to any other such agreement. In the event of a dispute between You and any such supplier, You agree to look solely to the supplier for relief. In no event shall Licensor be responsible for or incur any liability for any claim, dispute or lawsuit related to or resulting from any agreement or contract between You and any supplier or other third party.
- Warranty:THE SOFTWARE IS PROVIDED “AS IS.” LICENSOR MAKES NO REPRESENTATION OR WARRANTY TO YOU OF ANY KIND CONCERNING THE SOFTWARE, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT. LICENSOR DOES NOT WARRANT THAT THE SOFTWARE IS ERROR-FREE, WILL OPERATE WITHOUT INTERRUPTION OR IS COMPATIBLE WITH ALL EQUIPMENT AND SOFTWARE CONFIGURATIONS. IN NO EVENT SHALL LICENSOR OR ITS SUPPLIERS BE RESPONSIBLE OR LIABLE FOR ANY PROBLEM OR ERROR CAUSED BY OR TO COMPUTER HARDWARE, NETWORK, APPLICATION SOFTWARE OR OPERATING SYSTEM SOFTWARE. YOU EXPRESSLY ACKNOWLEDGE THE SOFTWARE IS PROVIDED “AS IS” AND YOU ASSUME THE SOLE RESPONSIBILITY FOR DETERMINING WHETHER OR NOT TO INSTALL OR USE THE SOFTWARE.
- Undocumented Features: The Software includes certain features and functionality, which may not be described in the Software such as, but not limited to, software lock and metering code, which is designed to prevent authorized or excessive use of the Software. You are hereby put on notice that Your use of the Software will be monitored. Licensor does not warrant or represent that the operation of monitoring feature or any other Software feature, functionality or utility is error free. If You have any questions or concerns regarding the software lock, metering code, or any other Software feature or capability it is Your sole responsibility to direct any such question or concern to owner or manager of Your computer system(s). Licensor reserves the right to add, modify, and/or remove features, functionality, and utilities to the Software from time-to-time, without notice to You. For Software upgrades which significantly affect the user interface Licensor will provide You reasonable prior notice.
- Limitation of Liability: YOU UNCONDITIONALLY AGREE THAT INNO EVENT SHALL THE AGGREGATE LIABILITY OF LICENSOR, ITS MEMBERS, MANAGERS, DIRECTORS, OFFICERS, EMPLOYEES, DISTRIBUTORS, OR SUPPLIERS EXCEED THE LICENSE FEE PAID BY YOU TO THE LICENSOR FOR THE SOFTWARE, PRORATED OVER THREE YEARS BEGINNING FROM THE DATE YOU PAID THE LICENSE FEE, FOR THE PERIOD GIVING RISE TO ANY CLAIM. YOU SHALL NOT USE THE SOFTWARE IN ANY CASE WHERE SIGNIFICANT DAMAGE OR INJURY TO PERSON, PROPERTY OR BUSINESS MAY OCCUR IF ANY ERROR OCCURS. YOU EXPRESSLY ASSUME ALL RISK FOR SUCH USE.
- Exclusion of Damages:YOU UNCONDITIONALLY AGREE THAT IN NO EVENT SHALL LICENSOR, ITS MEMBERS, MANAGERS, DIRECTORS, OFFICERS, EMPLOYEES, DISTRIBUTORS, OR SUPPLIERS BE LIABLE FOR INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING, WITHOUT LIMITATION, LOSS OF INCOME, PROFITS, DATA, USE OR INFORMATION, ARISING FROM BREACH OF WARRANTY, BREACH OF CONTRACT, NEGLIGENCE OR ANY OTHER LEGAL THEORY, EVEN IF ADVISED OF OR HAVE REASON TO KNOW OF THE POSSIBILITY OF SUCH DAMAGES.
- U.S. Government Restricted Rights: You acknowledge that the U.S. federal government retains a royalty-free, non-exclusive, non-transferable license to a portion of the Software pursuant to 48 CFR 52.227-14 (Civilian Agencies) or DFARS 252.227-7013 (Defense Agencies). Portions of the Software described or referenced in this Agreement are commercial computer software programs developed at private expense. Use, duplication, and disclosure of the Software and derivative works thereof to and by the United States Government are subject to the provisions of the license agreement contained with or in the software product as prescribed by the applicable provisions of the DOD FAR supplement or similar regulations of the U.S. Federal agencies applicable to the delivery of commercial software including the restrictions set forth in FAR 52.22719(c)(2). The contractor of the Software is: JLG Technologies, LLC, 371 Turnpike Road, Suite 200, Southborough, MA 01772.
- Governing Law:The validity, construction, and performance of this Agreement shall be governed by the laws of the Commonwealth of Massachusetts, exclusive of its rules regarding conflicts of law. You unconditionally and irrevocably agree any legal action, proceeding or controversy with respect to this Agreement shall be brought in Massachusetts and such courts shall have exclusive jurisdiction and consent to personal jurisdiction exclusively in Massachusetts. English shall be the governing language of this Agreement. Section headings are intended for convenience only and shall not to be used to interpret this Agreement. Any dispute, claim or cause of action You believe You may have against Licensor must be filed in the appropriate court in Massachusetts within one (1) year of the event giving rise to any such action or You unconditionally agree You are forever barred from bring any such action. In the event You file or bring any claim against Licensor that is inconsistent or contrary to this Agreement, Licensor shall have the right to recover all attorneys fees and costs (including in-house attorneys fees). You and Licensor waive all rights to a jury trial.
- Voice Recordings:You agree and acknowledge that by using the Software, Licensor will have access to Your voice recordings. You own the voice recordings. You expressly and unconditionally grant Licensor a perpetual, irrevocable, royalty-free, non-exclusive right to use, install, store, load, execute, copy, non-publicly display, create derivative works, manipulate, and otherwise utilize, any and all of Your voice recordings created as a result of Your use of the Software. Licensor will not copy or remove Your voice recordings from any of Your computer systems, except in the performance of services provided by Licensor to You under this Agreement without Your consent. Licensor shall have the right to utilize Your voice recordings for software development, product testing, product demonstrations or for any other purpose as determined solely by Licensor. Some jurisdictions may provide certain privacy, confidentiality or other rights or laws regarding voice recordings and all such recordings shall remain subject to such laws. You expressly covenant that your use of the Software is subject to You, now and forever, unconditionally waiving any and all such rights, including without limitation, any and all results relating to voice recordings processed or analyzed by the Software. You are solely responsible, now and forever, for verifying Your use of the Software and Licensor’s use of Your voice recordings is not in violation of any law or regulation in Your jurisdiction.
- General Terms:This Agreement is the complete and exclusive agreement between You and Licensor regarding this subject matter and supersedes all prior agreements and all communications, whether written or oral, between the parties. This Agreement may only be amended, changed, or revised by a written agreement signed by a duly authorized representative of Licensor and acknowledged by You. No third party, including but not limited to, any supplier, distributor, sales representative, service provider, or government employee has the authority to modify, alter or otherwise revise this Agreement on behalf of Licensor. You agree to indemnify, defend, and hold Licensor and Supplier harmless for any and all claims and/or liabilities arising from or related to this Agreement. Any waiver of a violation or failure to enforce any provision of this Agreement by Licensor shall not constitute a waiver of any Licensor right. All terms and conditions of this Agreement are severable. If any term or provision, or any portion thereof, of this Agreement is held to be invalid, illegal or unenforceable, the remaining portions shall not be affected. Sections 3 through 12 of this Agreement shall survive the expiration or termination of this Agreement. You agree to comply with all applicable laws and regulations. The export and re-export of the Software is subject to applicable U.S. export regulations, and other applicable laws and regulations and shall be Your sole responsibility.
YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, UNDERSTAND IT, AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS.
EHR Terms and Conditions
Further, Provider makes no warranty that the EHR Application will meet Customer’s your requirements or operate under your specific conditions of use. CUSTOMER MUST DETERMINE WHETHER THE SOFTWARE PRODUCT SUFFICIENTLY MEETS YOUR REQUIREMENTS FOR SECURITY AND UNINTERRUPTABILITY. CUSTOMER BEARS SOLE RESPONSIBILITY AND ALL LIABILITY FOR ANY LOSS INCURRED DUE TO FAILURE OF SOFTWARE TO MEET YOUR REQUIREMENTS. PROVIDER WILL NOT, UNDER ANY CIRCUMSTANCES, BE RESPONSIBLE OR LIABLE FOR THE LOSS OF DATA ON ANY CUSTOMER COMPUTER OR INFORMATION STORAGE DEVICE.
EHR Terms and Conditions
EHR TERMS AND CONDITIONS
The following Terms and Conditions govern a facility customer’s use of Securus Technologies, LLC’s EHR Application. A facility customer is referred to in these Terms and Conditions as “Customer,” and Securus Technologies, LLC is referred to as “Provider.”- Description. The EHR Application is a HIPAA compliant, web-based software specifically developed to provide a comprehensive electronic records solution designed for the challenges of delivering quality medical care to incarcerated individuals with a robust suite of features, from initial intake assessments through MAR & TAR management.
- Services. Provider agrees to provide Customer with access to the EHR Application to allow Customer to use the EHR Application for Customer’s internal business as described in Customer’s Authorization for Deployment of Securus Electronic Health Records (EHR) (“Authorization”). Additional details regarding the configuration of the EHR Application may be specified in a Statement of Work to be subsequently negotiated by Provider and Customer. Customer acknowledges that the use of the EHR Application permitted hereunder is strictly limited to Customer and its Affiliates’ business purposes and that Customer agrees that it shall not provide access to the EHR Application (whether through sharing its user name and password or otherwise) to any third party nor will it use the EHR Application for the benefit of any third party (whether on a service bureau or other outsourced basis). Customer agrees to cooperate with Provider in the performance of the EHR Application and to provide Provider with all necessary files and other information and assistance required for Provider to provide the EHR Application.
- Reservation of Rights. Customer acknowledges that in providing the EHR Application, Provider utilizes (i) the Provider name, the Provider logo, the Provider domain name, the product and service names associated with the EHR Application, and other trademarks and service marks; (ii) certain audio and visual information, documents, software and other works of authorship; and (iii) other technology, software, hardware, products, processes, algorithms, user interfaces, know-how and other trade secrets, techniques, designs, inventions and other tangible or intangible technical material or information (collectively, “Provider Technology”) and that Provider owns or licenses patent rights, trademark rights, copyrights and other intellectual property rights to the Provider Technology (collectively, “Provider IP Rights”). Other than as expressly set forth in this herein Provider does not grant or otherwise convey any license or other right in or to EHR Application or Provider IP Rights to Customer. Provider expressly reserves all rights to the EHR Application not expressly granted herein. There are no implied licenses. Customer acknowledges and agrees that any breach of the Authorization or these terms by its user or any other employee, agent or contractor of Customer shall be deemed a breach of the Agreement by Customer.
- Restrictions: Customer shall not (i) download, reproduce, copy, alter, adapt, modify, improve, enhance, translate, or create derivative works based on the EHR Application or any other technology owned by Provider; (ii) create “links” to or from the EHR Application, or “frame” or “mirror” any content forming part of the EHR Application, other than the Customer’s own intranet(s) for its own internal business purposes; or (iii) disassemble, reverse engineer, decompile, or otherwise attempt to reveal the code, trade secrets or know-how underlying the EHR Application or any other technology owned by Provider for any reason, or access the EHR Application in order to (A) build a competitive product or service, (B) build a product or service using similar features, functions or graphics of the EHR Application, or (C) copy any features, functions or graphics of the EHR Application.
- Hosting. Customer grants Provider the right to host the EHR Application at Provider’s sole expense, in Provider’s data centers or third party data centers to provide Customer with access to and usage of the EHR Application. Additional details regarding hosting of the EHR Application, including responsibilities for ensuring HIPAA and other privacy protections as required, may be specified in a Statement of Work to be subsequently negotiated by Provider and Customer.
- Fees and Payment. Fees and payment details for the EHR Application are as stated in the Authorization. The pricing set forth in the Authorization is exclusive of any applicable sales, use, excise and similar taxes. Provider will bill, and Customer will pay, the amount of any such taxes assessed upon the EHR Application and other services, excluding any tax related to the income of Provider. If Customer is tax exempt, Customer shall provide Provider with a copy of its tax exemption certificate on or before deployment of the EHR Application. Beyond all other remedies that Provider would have, Provider will not be required to provide Customer with access to the EHR Application if Customer fails to timely pay each invoice as is noted above.
- Training Services: Additional details regarding training services for the EHR Application may be specified in a Statement of Work to be subsequently negotiated by Provider and Customer.
- Submitted Records. As between the parties, Customer will retain ownership of all records and data maintained on the EHR Application (“Records”). Customer grants to Provider a worldwide, perpetual, fully-paid, royalty-free, irrevocable license to use, sublicense, import, modify, copy, transmit, display, reproduce, distribute, aggregate, compile, decompile, manipulate, supplement, adapt, translate, publish, create derivative works based on, and otherwise exploit all Records for all purposes in connection with the services.
- Suggestions. Customer hereby grants, and shall execute any appropriate documentation evidencing said grant, to Provider a royalty-free, worldwide, perpetual license to use or incorporate into the EHR Application any suggestions, ideas, enhancement requests, feedback, recommendations or other information provided by Customer or its users relating to the operation of the EHR Application.
- Site Requirements.
- Customer shall be solely responsible, at its own expense, for acquiring, installing and maintaining all connectivity equipment, hardware, software and other equipment as may be necessary to connect to, access and use the EHR Application except as otherwise provided by Provider. For example, Customer will be responsible for standard computer workstations and necessary network connections not provided by Provider. Customer acknowledges and agrees that Provider is not obligated to provide any anti-virus services, and Customer is responsible for ensuring that its environments are virus-free.
- Customer shall maintain a high speed internet connection (1.5mbps download AND 512kbps upload) with a static IP address and must be able to provide Provider with IP connection to Customer’s network through Citrix GotoAssist, VPN, Citrix, or Microsoft Terminal Provider shall use the connection to assist with problem diagnosis and resolution. Provider is not responsible for purchase of VPN customer software license or configuration of Customer’s firewall settings. No wireless Internet connections allowed.
- Provider shall provide Customer with remote support through the use of secure connection over the Internet connection via Citrix If Customer will not allow access through GotoAssist, Provider cannot guarantee support standards will be met.
- Exclusions. Provider shall not be responsible for any problem caused by improper use of the EHR Application by Customer, or any security breach of Provider or Customer’s systems by a hacker, virus, worm, or other intentional in person or electronic interference provided that Provider has made reasonable commercial efforts to protect its data and systems.
- Customer Representations. Customer acknowledges that it is responsible for all Records incorporated into the EHR Application. Customer represents and warrants to Provider that that it has the right to use any Records incorporated by Customer, its personnel or the users into the EHR Application and that the use of the Records will not infringe the intellectual property rights of any third party or misappropriate the trade secret rights of any third party. Customer further represents and warrants to Provider that none of the Records incorporated into the EHR Application will violate any applicable laws or regulations, including, without limitation, state and obscenity, decency or privacy standards, regulations, rules or statutes.
- Limited Warranty and Disclaimer. Provider represents and warrants that: (i) the EHR Application will perform substantially as advertised when properly accessed and used under normal conditions; (ii) it has the authority to perform the obligations agreed to under the Authorization and these terms; and (iii) to Provider’s knowledge, the EHR Application does not, at the time of delivery to Customer, include malicious code with the purpose of adversely affecting the operation, security or integrity of a system.
Further, Provider makes no warranty that the EHR Application will meet Customer’s your requirements or operate under your specific conditions of use. CUSTOMER MUST DETERMINE WHETHER THE SOFTWARE PRODUCT SUFFICIENTLY MEETS YOUR REQUIREMENTS FOR SECURITY AND UNINTERRUPTABILITY. CUSTOMER BEARS SOLE RESPONSIBILITY AND ALL LIABILITY FOR ANY LOSS INCURRED DUE TO FAILURE OF SOFTWARE TO MEET YOUR REQUIREMENTS. PROVIDER WILL NOT, UNDER ANY CIRCUMSTANCES, BE RESPONSIBLE OR LIABLE FOR THE LOSS OF DATA ON ANY CUSTOMER COMPUTER OR INFORMATION STORAGE DEVICE.
- Indemnification. Customer agrees that it will hold Provider harmless against any
claims, damages, liabilities, costs and expenses, including reasonable attorneys’ fees,
arising out of or relating to:
- Customer’s failure to implement any corrections, improvements and new releases relating to the Software, or any part thereof,
- Customer’s unauthorized alterations to or use of the Software, or
- Customer’s breach of any of its obligations to maintain the confidentiality of the Software or Customer’s unauthorized copying
- Privacy and Collection of Information. In the use of the EHR Application, Customer warrants that it will comply with all applicable law, including laws relating to privacy, the collection of personal information and allowing customers to make choices regarding the sharing of information.
AIS Custom Development
The following modifications to AIS are considered standard and will be provided upon request at no additional charge to Customer:
The following modifications to AIS are considered specialized and the scope and pricing of any such modifications will be negotiated at the time of the request using a statement of work:
AIS Custom Development
AIS CUSTOM DEVELOPMENT
These Terms and Conditions for Customized AIS™ Development Options Post Deployment (“AIS Custom Development Terms”) are agreed between Customer and Securus Technologies, LLC (“Securus”) and govern any Customer requests for customized development relating to Customer’s AIS™ product. Securus may revise these terms at any time without notice. Customer should revisit this site periodically to ensure that Customer is aware of the most recent AIS Custom Development Terms.The following modifications to AIS are considered standard and will be provided upon request at no additional charge to Customer:
- Any modifications reasonably necessary for initial integration with the Customer’s systems
- Primary menu prompt changes
- Changing the phone number of the AIS
- An existing site request for a menu change for a single department
The following modifications to AIS are considered specialized and the scope and pricing of any such modifications will be negotiated at the time of the request using a statement of work:
- Creation of new sub-menus beyond the existing primary menus which are provided at the time of deployment
- Any other customized modifications that require additional system development by
Securus, including but not limited to:
- Changes to lookup criteria for an incarcerated individual (other than by Birthday or First & Last Name)
- Ability to transfer incoming calls to the AIS system from one department to another department
- Integration with Securus’ SCP PAN system