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Copyright Daw Systems, Inc. 2000-2016 Rev. 07012016R 1 of 21

SCRIPTSURE SOFTWARE END USER LICENSE AGREEMENT (EULA) & MEMBERSHIP SERVICE AGREEEMENT

THIS IS AN AGREEMENT BETWEEN END USER AND DAW SYSTEMS, INC.

This is an agreement ("Agreement") between you (“End User”) and Daw Systems, Inc. (“DAW”). This Agreement governs End User’s use of any DAW

Software, including, but not limited to, ScriptSure software, DAW Gateway, DAW Web Server, Web Site or Web page (collectively referred to as the “DAW

Products”). End User agrees to use the DAW Product(s) for legitimate medical purposes. DAW hereby grants to End User a personal, non-exclusive, non-

transferable, limited license to install and use the DAW product on computers or devices from which End User wishes to access the DAW Product. End

User represents that any information submitted is correct and that at least one user at the business using DAW Products is one of the following:

• a DEA and state licensed physician (licensed physician or other health care provider who is duly licensed or registered with the

appropriate Governmental authority to issue prescription orders)

• other health care provider who is duly licensed or registered with the appropriate governmental authority to issue prescription

orders

• an authorized representative of a licensed physician, medical group, medical practice or hospital

DAW OFFERS THE PRODUCTS TO END USER CONDITIONED ON END USER’S ACCEPTANCE WITHOUT MODIFICATION OF THIS AGREEMENT, INCLUDING

THE TERMS, CONDITIONS AND NOTICES CONTAINED HEREIN. IF THE END USER DOES NOT AGREE TO THE TERMS OF THIS AGREEMENT, DO NOT BEGIN

USING THE DAW PRODUCT(S) AND PROMPTLY RETURN THE DAW PRODUCT(S) AND ANY ACCOMPANYING ITEMS (INCLUDING ANY DAW HARDWARE,

WRITTEN MATERIALS, BINDERS AND OTHER CONTAINERS) TO DAW OR THE AUTHORIZED RESELLER FROM WHOM THE SOFTWARE WAS PURCHASED

FOR A FULL REFUND OF THE SOFTWARE PRICE, AND A REFUND OF HARDWARE PRICE MINUS A 20% RESTOCKING FEE (SHIPPING AND HANDLING WILL

NOT BE REFUNDED AND THE COST OF RETURN WILL BE BORNE BY THE DECLINING END USER). ANY RETURNS MUST BE DONE WITHIN 2 (TWO) DAYS OF

INITIAL USE. ONCE ALL ITEMS HAVE BEEN RETURNED, DAW WILL PROVIDE THE APPROPRIATE REFUND. END USER’S USE OF THE PRODUCTS

CONSTITUTES ACCEPTANCE OF THIS AGREEMENT. BY ACCEPTING THIS AGREEMENT, END USER IS AGREEING THAT THEY ARE ELIGIBLE TO USE THE DAW

PRODUCT(S) AND AGREE TO BE BOUND BY ALL OF THESE TERMS AND CONDITIONS. THIS AGREEMENT CONTAINS DISCLAIMERS OF WARRANTIES AND

LIABILITY AND AN EXCLUSIVE REMEDY. THESE PROVISIONS FORM AN ESSENTIAL BASIS OF OUR BARGAIN.

1) DEFINITIONS: For purposes of this Agreement, the following terms shall have the meanings set forth below:

a) “HIPAA” means the Health Insurance Portability and Accountability Act.

b) “Effective Date” means the date on which End User begins using DAW Product(s).

c) “Certified DAW Invoice” means an invoice on DAW letterhead issued by a DAW representative.

d) “Content” means information, materials, graphics, software, data and content.

e) “Customer” is defined as the person or entity that has activated the account or makes payments of the license fees or other fees associated

with an account.

f) “DAW Product(s)” means any DAW Software, ScriptSure Software, DAW Gateway, DAW Web Server, Web Site or Web page (including, but not

limited to, (www.dawsystems.com, www.scriptsure.com, www.physicianworkstation.com).

g) “Electronic Prescription Messages” means an electronic representation, in the format and with the content required for processing of:

i) a prescription drug order issued by a duly licensed practitioner (such as a physician, nurse practitioner or physician’s assistant),

ii) a request for a refill order issued by a pharmacy,

iii) any other message type supported by the NCPDP SCRIPT standard, or

iv) other message types mutually determined between the parties.

h) “End User” means a licensed physician End User or other DEA Licensed health care provider End User who is duly licensed or registered with

the appropriate governmental authority to issue prescription orders, or an authorized representative of a licensed physician, medical group,

medical practice or hospital. (There may be other types of users; secretaries, nurses, managers, etc. that have access to the software. All of

these supporting users will be subject to the terms of this agreement, as applicable and appropriate and shall be considered End User’s as

applicable.) Further, End User definition includes the definition of Customer.

i) For purposes hereof, “End User” shall include any corporate, governmental, or other organization that contracts with DAW on behalf of a group

or groups of individual physicians or health care providers. Each individual physician within a group or groups, including, but not limited to, a

corporate group, governmental group or other organization, must pay the DAW Product(s) license fees listed on Exhibit One.

j) “End User DAW Product” means a DAW Product(s) used by End User.

http://www.dawsystems.com/

http://www.scriptsure.com/

http://www.physicianworkstation.com/


k) “End User Registration” means providing specific End User information (including, but not limited to, name, address, license information, billing

information) to DAW so that DAW representatives can properly open an account.

l) “Government” shall mean any local, state, or federal governmental authority.

m) “Daw Party” (in the plural “Daw Parties”) means DAW affiliate, reseller, distributor, service provider and/or supplier.

n) “Certified Daw Systems, Inc. Invoice(s)” means invoices prepared by DAW officers, directors or sales personnel.

o) “Licensed Products” means First Databank Drug and Disease Information Databases.

p) “SureScripts” refers to a third party company that operates the SureScripts Electronic Prescribing Network providing licensed end users with

electronic resources pertaining to medication sending, receiving refill requests, retrieving medication history and viewing formulary information

for patients. These services may be added to over time. Formerly referred to as SureScripts, the name has been updated to “SureScripts.”

q) “Third Party Products and Services” means any software developed by a copy other than DAW. This includes software that has been integrated

into DAW Products, (e.g. First Databank databases, SureScripts functionality, etc.).

r) “Participant Confidential Information” means the sources, prescribers, health care providers or facilities, pharmacies, information system

vendors, or other entities that provide information relating to DAW products, services or methods of operation; all information in any form

furnished or made available directly or indirectly by one party to the other party. This includes, but is not limited to, information available or

exchanged through the SureScripts System, including patient information, IIHI and other data or information provided by Participants;

information in or relating to the SureScripts Materials; and the terms and conditions of this Agreement. Confidential Information shall not

include any particular information that the receiving party can demonstrate: was at the time of disclosure to it in the public domain; after

disclosure to it, is published or otherwise becomes part of the public domain through no acts or omissions of the receiving party; was in the

possession of the receiving party at the time of disclosure to it without obligation of confidentiality; was received after disclosure to it from a

third party who had a lawful right to disclose such information to it without any obligation to restrict its further use or disclosure; or was

independently developed by the receiving party without reference to Confidential Information of the furnishing Party.

s) “HITECH” means the Health Information Technology for Economic and Clinical Health Act, Title XIII of the American Recovery and Reinvestment

Act of 2009.

2) GRANT OF LICENSE: This Agreement permits End User to use the DAW Product(s) and included third-party products and services included in this

software. The DAW Product is in “use” when it is loaded into temporary memory (i.e. Random Access Memory–RAM) or installed into permanent

memory (e.g. hard disk, CD-ROM, or other storage device) of a computer or other device. End User’s use of DAW software associated with the DAW

Product(s) is governed by the terms and conditions of this End User License Agreement ("EULA"). DAW grants to End User a non-exclusive, non-

transferable license to use such software solely in connection with the DAW Product(s) and in accordance with this Agreement.

a) Each End User must register in End User’s own name and provide true and current information. DAW will create a login for each End User when

End User completes the User Intake Form. End User logins will be attached to a location. If there are multiple locations, DAW will, in its

discretion, charge a secondary location fee.

b) This License allows for installation on 3 (three) computers, 1 (one) of which can be a server. Installation cost is included with the purchase price

for 3 (three) computers for each DEA Licensed User. Any additional computers or servers are charged at the then current installation rate,

unless other arrangements have been made on a DAW quote, invoice or agreement.

c) This License allows for use by 2 (two) supporting users (RN, NP, secretary) for each DEA Licensed User at no additional charge. If a Full-Time

Equivalent pricing is established, the License allows for use by 2 (two) supporting users (RN, NP, secretary) for each FTE DEA License (not each

DEA Licensed User on the account) at no additional charge. These supporting users cannot have DEA Licenses; if a user has a DEA License they

must be charged the appropriate license fee. Any additional users are charged at the then current license fee, unless other arrangements have

been made on a DAW quote, invoice or agreement.

3) SOFTWARE MEDIA: You may receive the DAW Product(s) installation and updates in disk media or a CD-ROM form, or electronic form or in multiple

forms of media. Regardless of the number or type(s) of media you receive, DAW only has an obligation to provide the DAW Product(s) in the

preferred media of server download from a designated DAW internet site or computer. You may not use the other media on another computer or

loan, rent, lease or transfer them to another user, unless your purchase contract has allowed for this.

4) DATA/SECURITY: End User is entirely responsible for maintaining the confidentiality of the electronic records and the information contained within

the DAW Products. Any electronic transmission of data via the DAW Products is compliant with all United States Government guidelines and adheres

to HIPAA, HITECH and generally accepted security measures. It is End User’s responsibility to backup the user databases.

a) Any End User data in DAW’s control will be kept secure and the guidelines of HIPAA and HITECH will be adhered to.

b) DAW will not be responsible for the loss of data within the DAW Products where End User has not taken steps to backup data.


5) U.S. GOVERNMENT RESTRICTED RIGHTS: The DAW Product(s) are provided with RESTRICTED RIGHTS. Use, duplication, or disclosure by the United

States Government is subject to restrictions set forth in subparagraph (c)(1)(ii) of The Rights in Technical Data and Computer Software clause at

DFARS 252.227-7013 or subparagraphs (c)(1) and (2) of the Commercial Computer Software – Restricted Rights at 48 CFR 52.227-19, as applicable.

Manufacturer is Daw Systems, Inc., 585 Troy-Schenectady Road, Latham, NY 12110.

6) DAW RIGHTS/COPYRIGHT/OTHER RIGHTS:

a) The DAW Product(s) (including any images, “applets”, photographs, animations, video, audio, music and text incorporated into the DAW

Product(s)) is owned by DAW and is protected by United States Copyright laws and international treaty provisions and all other applicable

national laws. Therefore, you must treat the DAW Product(s) like any other copyrighted material.

i) Such software is protected by copyright and other intellectual property laws and treaties. DAW owns the title, copyright, and other

intellectual property rights in the DAW Product(s), except included third party product and service. DAW Product(s) are licensed, not sold.

End User will not disassemble, decompile, or reverse engineer, such software, except and only to the extent that such activity is expressly

permitted by applicable law. DAW may automatically check your version of such software and may automatically download upgrades to

such software to your computer to update, enhance and further develop the DAW Products.

b) All contents of the DAW Product(s) are Copyright © 2016 by DAW Corporation and/or its suppliers. All rights reserved. DAW, DAW logos and/or

other DAW Product(s) and services referenced herein may also be either trademarks or registered trademarks of DAW in the United States

and/or other countries. The names of actual companies and products mentioned herein may be the trademarks of their respective owners.

c) Any rights not expressly granted herein are reserved.

7) NOT FOR RESALE/RENTAL: Violations of this section may be prosecuted to the fullest extent of the law.

a) You may not resell, or otherwise transfer for value, the DAW Product(s).

b) You may not rent, lease or lend the DAW Product(s).

8) OTHER RESTRICTIONS: You may not reverse engineer, decompile, disassemble or otherwise reduce the DAW Product(s) to a human perceivable

form. You may not modify any aspect of the DAW Products, unless you have express permission to. You may not modify, adapt, translate or create

derivative works based upon the DAW Product(s) or any part thereof.

9) NO UNLAWFUL, PROHIBITED OR HARMFUL USE OF THE DAW PRODUCTS: Violations of this section may be prosecuted to the fullest extent of the

law.

a) End User agrees that they will use the DAW Product(s) for legitimate medical purposes. End User will not use the DAW Product(s) in any way

that is:

i) Unlawful, or

ii) In violation of HIPAA, HITECH, Federal or State laws, or

iii) Prohibited by the terms, conditions, and notices of this EULA, or

iv) Harms DAW, a DAW Third Party supplier or service or any End User of a DAW Party, as determined in DAW's sole discretion.

b) End User may not use the DAW Product(s) in any way that breaches any code of conduct, policy or other notice applicable to the DAW

Products. Without limiting the generality of this section, you may not use the DAW Product(s) in any manner that could damage, disable,

overburden, or impair any DAW Product (or the network(s) connected to any DAW Product) or interfere with any other party's use and

enjoyment of the DAW Products.

c) End User may not attempt to gain unauthorized access to the source code of the DAW Product(s) through hacking, password mining or any

other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available to you

through the DAW Products.

d) In the event DAW is made aware of an investigation of an End User by any U.S. Federal or State investigative, enforcement, licensing body,

police agency or other entity not covered by this section, DAW may in its discretion suspend use of the software during the pendency of the

investigation.

i) DAW will comply with any Government subpoena requesting account records of End User and the facility under with the End User

practices.

(1) DAW will comply with all Federal and State laws with respect to HIPAA and HITECH.

10) BILLING AND FEES: DAW Product(s) License Fees shall be as set forth in accordance with the then-current fees of DAW or the Authorized Reseller.

a) Information about billing, charges and license fees is below. End Users can purchase by paying a monthly license fee or a flat purchase price or

a combination of the two purchase options or any other arrangements that have been made between End User and DAW. All pricing is

pursuant to a DAW quote, invoice or agreement between DAW and End User:


i) MONTHLY LICENSE PURCHASE OPTION: With this option DAW charges a monthly license fee to the End User, in advance, for use of the

DAW Products. The charges will be to a credit card on file between the 1st and 5th of the month (or whenever practical), unless other

arrangements have been made. When purchased under the monthly license fee option, the monthly fee must be paid to continue use; it

is a mandatory fee in order to use the DAW Products and represents pre-payment for the month. Continual support charges are factored

into the monthly license fee, unless other arrangements have been made; all support charges are mandatory – failure to pay will result in

license cancellation or interruption. The initial term for the monthly license fee is 12 months, unless other arrangements have been made

in writing. End User must sign a Monthly License Agreement. The Monthly License Agreement and this EULA, state the terms of use,

returns and payment. Monthly charges are set forth in a DAW quote, invoice or agreement. Failure to pay within 30 days of the due date

of any of the fees will result in DAW cancelling or interrupting End User’s license or services at its discretion. End User will be given at

least 5 days notice of any impending cancellation or interruption via regular mail, fax or e-mail. An Authorized Reseller may designate

specific and different fee arrangements with End User.

(1) Customer is required to pay the entire Monthly License fees each month during the term. The Monthly License Charges will change

(and Customer consents to such changes) with each additional user license and Product purchased. It is Customer’s responsibility to

notify DAW of any user or Product changes that may reduce monthly fees prior to first of the month. DAW reserves the right to

change fees, rates and terms at its discretion; Customer will be notified in advance. Setup and hardware Products (printer/paper

etc.) will be included in first month charges with shipping and handling. For New York State customers, tax will be added. A

valid/current Credit Card is required for Monthly License Fees, unless other arrangements are made. Credit card charges are

processed between the 1st and 5th of every month of the contract term, in advance of use, but may be charged later in some

circumstances. In DAW’s discretion, pro-rata fees may be applied for fees/new Products purchased. DAW is authorized to

automatically charge credit card on file for each month of Term. If you are not the cardholder of the provided credit card, you will

reimburse the cardholder for any charges. Monthly charges are nonrefundable and function as pre-payment for monthly use of

Products. Declined transactions must be remedied immediately. Credit card update form is located here:

http://www.dawsystems.com/pdf/ccu.pdf. Daw Systems, Inc. has the right to immediately suspend access to software for failure to

promptly remedy an expired credit card or a declined transaction. DAW may suspend access in the event of past due amounts as

well.

ii) FLAT PURCHASE OPTION: With this option, DAW charges End User a fee at purchase and then continual support charges thereafter.

Purchase and continual support charges are set forth in a DAW quote, invoice or agreement. The continual support charges are required

to be paid in order to continue use; it is a mandatory fee in order to use the DAW Products. End User understands that DAW has licensed

data and other elements of the software from 3rd parties that require payment for ongoing use by Ends Users. Failure to pay within 30

days of the due date of any of the fees will result in DAW cancelling or interrupting End User’s license or services at its discretion. End

User will be given at least 5 days notice of any impending cancellation or interruption via regular mail, fax or e-mail. An Authorized

Reseller may designate specific and different fee arrangements with End User. It is Customer’s responsibility to notify DAW of any user or

Product changes that may reduce monthly fees prior to first of any month.

iii) OTHER PURCHASE OPTIONS: DAW can accommodate other purchase options including, but not limited to, DAW Product leases, yearly

payments, etc. In any event, End User will be responsible for the appropriate payment of the agreed upon license fees and any additional

mandatory support fees that may apply. Failure to pay within 30 days of the due date of any of the fees will result in DAW cancelling or

interrupting End User’s license or services in its discretion. End User will be given at least 5 days notice of any cancellation via regular

mail, fax or e-mail.

(1) As part of the use of the DAW Products, End User must pay continual support charges. The support charges are factored into the

license fees or yearly support amounts, unless other arrangements have been made.

(2) It is Customer’s responsibility to notify DAW of any user or Product changes that may reduce monthly fees prior to first of the

month.

iv) All charges are non-refundable unless provided otherwise; at DAW’s discretion or agreed to in writing on a DAW quote, invoice, or

agreement.

v) Any trial promotion (such as free trial time) must be used within the specified time of the trial. End User must cancel “End User Daw

Product” before the end of the trial period to avoid being charged a membership fee or a one-time fee. Please note, however, that even

during any free trial or other promotion, End User will still be responsible for any purchases and surcharges incurred.

vi) PENALTIES:

(1) Declined Credit Cards: Any declined credit cards will carry a $45 processing fee.


(2) Insufficient / Bounced check fees: Daw Systems, Inc. takes bounced checks very seriously. If we receive a returned check from our

bank for a payment you made, you will be invoiced for the original amount of the check plus a $200 fee to cover bank fees we incur

and handling and processing of the insufficient/bounced check. The payment of the invoiced amount will be due upon receipt. We

will not re-submit the original check. In addition, a check cannot be used for repayment unless approved by Daw Systems, Inc. staff.

Daw Systems, Inc. reserves the right to suspend support as well as use of any software and services that are attached to the account.

All sales are final. Daw Systems, Inc. may report/forward bounced checks to the proper authorities in its discretion.

(3) DAW may suspend client access to the software if there any outstanding invoices that are past due on the clients account, even if

they are unrelated to support payments. For example, failure to pay for a shipped paper order where are credit card was charged

and there was a charge back by the merchant can result in suspension of use of the software.

b) DAW or an Authorized Reseller will bill End User appropriate fees for use of DAW Products. The fees to be charged to End User will be

determined by the DAW Product(s) ordered/purchased and the terms desired by End User and reflected on a purchase quote, invoice or

agreement.

c) Medical database fees, which are incorporated into continual support fees, are required fees for use; these fees MUST be paid for the entire

time DAW Products are used.

d) End User must select a payment method to pay DAW for monthly license and/or yearly support fees. End User must give DAW or an Authorized

Reseller accurate billing and payment information and keep this information up-to-date by contacting DAW or an Authorized Reseller. DAW

will automatically bill End User each month for monthly license fees, unless alternative billing arrangements have been made in writing in a

Certified Daw Systems, Inc. Invoice. End User agrees to pay DAW for all charges incurred under “End User DAW Product” use, including all

applicable taxes, fees and surcharges. End User authorizes DAW to charge End User’s designated payment method for these charges. If DAW

does not receive payment from End User designated payment method, End User agree to pay all amounts due upon demand by DAW. Every

time End User uses a DAW Product, End User reaffirms that:

i) DAW is authorized to charge or bill End Users designated payment method; and

ii) DAW may submit charges incurred under “End User DAW Product” for payment; and

iii) End User will be responsible for past due charges, even if End User membership is canceled or terminated.

e) In the event End User fails to pay current or past due charges, End User Account will be deemed delinquent and DAW may terminate or

suspend End User Account for nonpayment. DAW reserves the right to assess an additional 1.5 percent (or the highest amount allowed by law,

whichever is lower) per month late if End User payment is more than thirty (30) days past due and to may use alternate means to collect any

unpaid charges. End Users are liable for any fees, including reasonable attorney and collection fees incurred by DAW in its efforts to collect any

remaining balances from End User.

i) End User are responsible for all charges incurred under End User Account, including applicable taxes, fees, surcharges and purchases

made by End User or anyone End User allow to use End User Account (including End User children, family or friends).

f) End User must notify DAW about any billing problems or discrepancies within ninety (90) days after they first appear on End User Account

statement. If an End User does not bring them to DAW’s attention within ninety (90) days, End User agrees to waive End User’s right to dispute

such problems or discrepancies.

g) In addition, End User will be charged an amount equal to any taxes, however designated, levied, or based on any of the above referred to

charges or services, including state and local taxes paid or payable by DAW, excluding any federal, state, or local income taxes.

11) TERM AND TERMINATION: This Agreement shall remain in full force and effect for an initial term of one (1) year and shall automatically renew for

successive one (1) year terms on the same terms and conditions expressed herein unless either party gives the other party written notice of

termination at least thirty (30) days prior to the expiration of the then-current term. End User can cancel license by calling, by sending a fax, or by

sending a letter to DAW or an Authorized Reseller from whom the DAW Product(s) were purchased.

a) Cancellation of license is End User’s sole right and remedy with respect to any dispute with DAW. This includes, but is not limited to, any

dispute related to, or arising out of:

i) any term of this Agreement or DAW’s enforcement of or application of this Member Agreement;

ii) any policy or practice of DAW;

iii) your ability to access and/or use the DAW Product(s) and services; or

iv) the amount or type of fees, surcharges, applicable taxes, billing methods, or any change to the fees, applicable taxes, surcharges or billing

methods.

b) In the event of a monthly, yearly or other contract termination, customer agrees to pay $395.00 cancellation fee for each DEA Licensed user

activated on the Customer account, OR, the monthly amounts due and remaining on the contract period, whichever is less. To cancel, Daw


Systems, Inc. will need to verify removal of the software. Hardware must be purchased in full, unless return arrangements have been made.

Customer must contact Daw Systems, Inc. prior to the first of the month to avoid any charges. All monthly sales are final.

i) Customer will be responsible for the contract termination fee of $395.00 for each DEA Licensed user activated on Customer account

when:

(1) a Customer or End User breaches this agreement, OR

(2) a Customer or End User desires to cancel or terminate a monthly, yearly or other contract associated with the use of the DAW

products and services.

(a) If Customer or End User desires to cancel or terminate the contract as a result of DAW’s breach of this agreement and DAW

has failed to remedy DAW’s breach within the time-frame in 11(c) below, then End User will not be responsible for the $395

cancellation fee.

c) Except as provided otherwise herein, in the event that either party hereto fails in the performance of its material obligations hereunder or

breaches any material terms or conditions hereof, the aggrieved party may, at its option, give notice to the party that is alleged to have failed

to materially perform, or is alleged to have materially breached this Agreement, of such breach and the aggrieved party’s intention to terminate

this Agreement unless such material breach or failure in performance is remedied. Within thirty (30) days after receipt of such notice, the

breaching party shall either:

i) acknowledge the breach(es) in writing, after which time the breaching party will have thirty (30) days to cure such breach, or

ii) provide notice that it contests such allegation of breach and proceed with a dispute resolution process. Failure to respond to an

aggrieved party’s notice shall be deemed an acknowledgement of breach as of the date of expiration of such initial thirty (30) day period.

A breaching party’s failure to remedy a breach prior to the end of the thirty (30) day period after acknowledging such breach shall make

this Agreement terminable, at the option of the aggrieved party, immediately upon delivery of written notice to the breaching party.

d) Notwithstanding the foregoing, DAW may terminate and/or may immediately require that End User terminate use of DAW Product(s):

(1) if such End User is not duly licensed or authorized to issue prescription orders, or

(2) if such End User otherwise acts in a manner that would constitute a material breach of this Agreement.

(3) or pursuant to the terms of Section 10 above.

e) The parties hereto may agree at any time to terminate this Agreement upon mutual consent.

f) Cancellation by end-user will be subject to cancellation fees and/or terms.

g) Upon termination, End-User must destroy the DAW Product(s) and all copies thereof.

h) The Privacy obligations in Sections 4, 9, 12, 13-21, 23 hereof shall survive termination of this Agreement for any reason.

12) END USER RESPONSIBILITIES: End user must maintain internet access for use of the software. DAW does not provide internet access to end users.

End User must also ensure that their systems meet the system requirement minimums for running the DAW software products. System

requirements can be found here: http://www.dawsystems.com/support.html

13) INDEMNIFICATION: Upon a request by DAW, you agree to defend, indemnify and hold harmless DAW and its third-party suppliers (including, but not

limited to First Databank, SureScripts) from all liabilities, claims and expenses, including reasonable attorneys' fees, that arise from a breach of this

Agreement for which you are responsible or from your use of DAW Product(s) and services both online or locally, or in connection with your

transmission of any content via DAW Product(s) and services.

14) DATABASE AND RECORDS OWNERSHIP: We offer the Services to Providers and to natural persons who are members of such Providers’ Authorized

Staff. Authorized Staff are persons that have been identified (by their legal names, and the legal names of their employers) in your account as

authorized to access the Services on your behalf and been issued credentials or other access to the Software. All persons who sign up for an account

on behalf of a Provider must furnish, among other things, that Provider’s full legal name and fictitious business name as part of the sign-up process.

We treat the Provider as the owner of all User accounts associated with such Provider. Provider owners may transfer ownership to other Providers.

a) The Provider(s) on an account are a party to this Agreement for all purposes. The Provider is subject to all of the covenants, restrictions,

limitations, representations, warranties, waivers and releases included in this Agreement. The Provider may delegate Administrative Rights to

one or more members of the Provider Authorized Users, but the Provider remains responsible for all activity occurring thereunder.

b) Each Provider of the practice will have ownership rights in the ScriptSure database and can copy or duplicate or use that database in any lawful

way and in compliance with HIPAA. Provider will indemnify and hold harmless DAW for any ownership disputes or rights with respect to an

accounts ScriptSure Databases.

15) END USER PRIVACY: Some of DAW’s services are provided by third party service providers.

a) DAW is committed to protecting your privacy. Except as described in this statement, we will not disclose your personal information outside of

DAW and its controlled subsidiaries and affiliates without your consent. The use of DAW Products including electronic prescribing functionality

http://www.dawsystems.com/support.html


expressly requires sharing End User information with SureScripts electronic network; your use of DAW Products expressly authorizes the

sharing of information to SureScripts. Some DAW services may be co-branded and offered in conjunction with another company. If you register

for or use such services (e.g. SureScripts electronic prescribing network), both DAW and the other company may receive information collected

in conjunction with the co-branded services. We occasionally hire other companies to provide limited services on our behalf, such as handling

the processing and delivery of prescriptions, providing End User support, hosting websites, processing transactions, or performing statistical

analysis of our services. Those companies will be permitted to obtain only the personal information they need to deliver the service. They are

required to maintain the confidentiality of the information and are prohibited from using it for any other purpose. We may access and/or

disclose your personal information if we believe such action is necessary to:

i) comply with the law or legal process served on DAW;

ii) protect and defend the rights or property of DAW (including the enforcement of our agreements); or

iii) act in urgent circumstances to protect the personal safety of users of DAW services or members of the public or patients.

b) DAW is committed to protecting the security of your personal and patient information. We use a variety of security technologies and

procedures to help protect your personal information from unauthorized access, use, or disclosure. The terms of Section 4 above apply here.

c) When we transmit highly confidential information (such as a credit card number or password) over the Internet, we protect it through the use

of encryption, such as the Secure Socket Layer (SSL) protocol.

d) If a password is used to help protect your accounts and personal information, it is your responsibility to keep your password confidential. Do

not share this information with anyone. If you are sharing a computer with anyone you should always choose to log out before leaving a site or

service to protect access to your information from subsequent users.

e) We will occasionally update this privacy statement to reflect changes in our services, End User feedback and to incorporate new rules and

regulations. If there are material changes to this statement or in how DAW will use personal information, we will notify you by sending a

notification.

f) If you have questions regarding this statement, you should contact us through e-mail: [email protected]

16) INFORMATION AVAILABLE FROM THE DAW PRODUCTS: DAW and its suppliers do not warrant or guarantee the accuracy or timeliness of any

information and disclaim all warranties, whether expressed or implied, including any warranty as to the quality, accuracy, and suitability of the

information provided in the DAW products for any purpose available from the DAW Product(s) including, but not limited to, drug and disease

information from Third Party Products and Services and prohibit to the maximum extent allowable the resale, redistribution, unless expressly

provided for in this Agreement. Nothing contained in the DAW Product(s) is intended to constitute professional advice. 17) DAW PRODUCT(S) LIMITATION AND DISCLAIMERS:

a) DAW makes every effort to ensure the proper function of DAW Products on approved computer systems, devices and operating systems. A list

of approved DAW Product and, if any, required 3rd party software can be found here: http://www.dawsystems.com/support.html. The

compatibility of future releases with aging technology or new operating system releases cannot be guaranteed, but DAW makes every effort to

evaluate new OS and devices and makes necessary modifications to approve and ensure proper the functioning of DAW Products regularly. End

Users will be notified, in advance, of any updates to the DAW Products that may impact installation or use of DAW Products with regard to new

or existing versions of Microsoft, HP, Apple or similar hardware and software products and devices End User may use. In not event will DAW be

liable for interruptions in the software due to changes by 3rd party vendors, software developers, new product versions or hardware providers.

Please contact us through e-mail with any specific device or software questions: [email protected].

b) DAW PROVIDES THE DAW PRODUCT(S) “AS IS," "WITH ALL FAULTS" AND "AS AVAILABLE," AND THE ENTIRE RISK AS TO SATISFACTORY QUALITY,

PERFORMANCE, ACCURACY, AND EFFORT IS WITH END USER. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE DAW PARTIES

MAKE NO REPRESENTATIONS, WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED. THE DAW PARTIES DISCLAIM ANY AND ALL WARRANTIES

OR CONDITIONS, EXPRESS, STATUTORY AND IMPLIED, INCLUDING WITHOUT LIMITATION (1) WARRANTIES OR CONDITIONS OF

MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, ACCURACY, TITLE, QUIET ENJOYMENT, NO

ENCUMBRANCES, NO LIENS AND NON-INFRINGEMENT, (2) WARRANTIES OR CONDITIONS ARISING THROUGH COURSE OF DEALING OR USAGE

OF TRADE, AND (3) WARRANTIES OR CONDITIONS THAT ACCESS TO OR USE OF THE DAW PRODUCT(S) WILL BE UNINTERRUPTED OR ERROR-

FREE. THERE ARE NO WARRANTIES THAT EXTEND BEYOND THE FACE OF THIS AGREEMENT.

c) The DAW Product(s) contain thousands of drugs and many disease information sheets within its databases. Dosing, Indications,

Contraindications, Precautions, Side Effects, and Interactions along with other medical, pharmaceutical and medical information for each drug

are provided. The drug database is NOT designed to be a complete listing of all drug information for each drug contained in the database. The

clinical information contained in the DAW Product(s) databases is intended as a supplement to, and not a substitute for, the knowledge,

expertise, skill and judgment of physicians, physician assistants, nurses and other medical professionals. For COMPLETE drug information,

mailto:[email protected]

http://www.dawsystems.com/support.html



medical digests, compendiums and other third party references (separate from the DAW Products) containing drug information, should be

consulted and utilized. The disease information sheets are also abridged and should be reviewed for accuracy by the End User. The End User

has an affirmative duty to disclose to all other users of the DAW Product(s) of this limitation. The disease information sheets should be

reviewed for acceptance and accuracy by the End User.

d) As a general rule, only common and dangerous adverse reactions and interactions have been included within DAW Product(s) and numerous

less prevalent adverse effects may exist, but have not been reported within the program’s information databases. If an entry leaves any

questions unanswered, consult the drug manufacturer’s information or a medical digest, compendium or other third party drug reference.

e) DAW and all of the executive staff, programmers and other employees do not warrant, guarantee, or advocate the use of any drug product

described within the program database.

(1) IN NO EVENT SHALL DAW SYSTEMS, INC. BE LIABLE TO LICENSEE OR ANY THIRD PARTY SUPPLIER OR SERVICE FOR ANY

CONSEQUENTIAL, INDIRECT, INCIDENTAL, RELIANCE, OR SPECIAL DAMAGES, INCLUDING BUT NOT LIMITED TO LOST PROFITS, EVEN

IF DAW SYSTEMS, INC. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

(2) IN NO EVENT SHALL DAW’S LIABILITY EXCEED THE AMOUNT PAID TO IT BY END USER FOR THE CURRENT FEE TERM OF THIS LICENSE

AGREEMENT, REGARDLESS OF THE FORM OF THE ACTION OR CLAIM, AND REGARDLESS OF WHETHER THE ACTION OR CLAIM IS

BASED ON ANY ALLEGED ACT OR OMISSION OF DAW, INCLUDING BUT NOT LIMITED TO ANY ACTION BASED ON NEGLIGENCE,

BREACH OF WARRANTY OR BREACH OF CONTRACT.

f) DAW and all of the executive staff, programmers and other employees do not assume, and expressly disclaim, any liability for error, omissions

or typographical errors in the information contained in the drug database and disease information sheets or for misuse of any drug product

listed in the program database. In no event shall DAW be liable to End User or any third party for any consequential, indirect, incidental,

reliance, or specific damages, including but not limited to lost profits, even if DAW has been advised of the possibility of such damages.

(1) DAW has utilized reasonable care in collecting and reporting the information contained in the DAW Product(s) and has obtained

such information from sources believed to be reliable. DAW, however, does not warrant the accuracy of codes, prices or other

data contained in the Software. Information reflecting prices is not a quotation or offer to sell or purchase. The clinical information

contained in the DAW Product(s) is intended as a supplement to, and not a substitute for, the knowledge, expertise, skill, and

judgment of physicians, pharmacists, or other healthcare professionals in patient care. The absence of a warning for a given drug or

drug combination should not be construed to indicate that the drug or drug combination is safe, appropriate or effective in any given

patient.

g) End User shall not (i) use the DAW Products in any manner which would allow the general public access thereto, or (ii) allow any use of the DAW

Products for the benefit of any person or entity not an End User. End User agrees to use commercially reasonable efforts at all times to provide

prompt and efficient service and to maintain its own equipment, proprietary systems and programs. SureScripts shall not be responsible in any

manner for errors or failures of proprietary systems and programs other than those of DAW Products, nor shall DAW be liable for errors or

failures of an End User’s software or operational systems. Should there be any failure in performance or errors or omissions with respect to the

information being transmitted, DAW’s responsibility shall be limited to using commercially reasonable efforts to correct such failure in

performance or errors or omissions.

h) Except to the extent arising solely from the gross negligence or willful misconduct of DAW, End User shall indemnify and save harmless DAW

from and against any and all loss, damage or expense (or claims of damage or liability) asserted against DAW by third parties and arising out of

any breach of this Agreement by End User, any loss of connectivity to the DAW Products due to acts or omissions of End User inconsistent with

the terms and conditions hereof, or information provided to DAW by End Users, or arising out of the use of such information when furnished by

DAW to End Users or to other third persons at End User’s request, or to officers, employees and agents of End User.

i) The DAW Products are not intended to serve as a replacement for (i) a written prescription where not approved as such by the appropriate

Governmental authorities or where such written prescription is required for record keeping purposes, or (ii) applicable prescription

documentation. Use of the DAW Products is not a substitute for a health care provider’s standard practice or professional judgment. Any

decision with regard to the appropriateness of treatment, or the validity or reliability of information is the sole responsibility of the patient’s

health care provider

18) LIABILITY LIMITATION – END USER EXCLUSIVE REMEDY:

a) IN NO EVENT WILL DAW OR ANY DAW PARTNER OR PARTY BE LIABLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION ANY INDIRECT,

CONSEQUENTIAL, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES ARISING OUT OF, BASED ON, OR RESULTING FROM THIS AGREEMENT OR

YOUR USE OF THE DAW PRODUCTS, EVEN IF SUCH DAW PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THESE

LIMITATIONS AND EXCLUSIONS APPLY WITHOUT REGARD TO WHETHER THE DAMAGES ARISE FROM:


i) BREACH OF CONTRACT,

ii) BREACH OF WARRANTY,

iii) NEGLIGENCE, OR

iv) ANY OTHER CAUSE OF ACTION, TO THE EXTENT SUCH EXCLUSION AND LIMITATIONS ARE NOT PROHIBITED BY APPLICABLE LAW.

b) IF END USER IS DISSATISFIED WITH THE DAW PRODUCT(S), END USER DOES NOT AGREE WITH ANY PART OF THIS AGREEMENT, OR END USER

HAVE ANY OTHER DISPUTE OR CLAIM WITH OR AGAINST ANY DAW PARTY WITH RESPECT TO THIS AGREEMENT OR THE DAW PRODUCT(S),

THEN THE SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE DAW PRODUCT(S).

19) CHANGES TO THE DAW PRODUCT(S); ADDITIONAL LIABILITY LIMITATION:

a) DAW AND THE DAW PARTIES MAY CHANGE THE DAW PRODUCT(S) OR DELETE FEATURES IN ANY WAY, AT ANY TIME AND FOR ANY REASON.

(See also section 25)

i) As End User uses the DAW Products, End User should expect to receive, access or use information, materials, graphics, software, data and

content (collectively, "Content") originated by DAW and persons other than DAW. END USER ACKNOWLEDGES AND AGREES THAT THE

DAW PARTIES ARE NOT RESPONSIBLE OR LIABLE FOR:

(1) ANY CONTENT, INCLUDING WITHOUT LIMITATION, ANY INFRINGING, INACCURATE, OBSCENE, INDECENT, THREATENING, OFFENSIVE,

DEFAMATORY, TORTIOUS, OR ILLEGAL CONTENT, OR

(2) ANY THIRD PARTY CONDUCT, TRANSMISSIONS OR DATA.

ii) IN ADDITION, WITHOUT LIMITING AND SECTION OF THIS AGREEMENT, END USER ACKNOWLEDGES AND AGREES THAT DAW IS NOT

RESPONSIBLE OR LIABLE FOR:

(1) ANY VIRUSES OR OTHER DISABLING FEATURES THAT AFFECT END USER ACCESS TO OR USE OF THE DAW PRODUCTS,

(2) ANY INCOMPATIBILITY BETWEEN THE DAW PRODUCT(S) AND OTHER WEB SITES, SERVICES, SOFTWARE AND HARDWARE,

(3) ANY DELAYS OR FAILURES END USER MAY EXPERIENCE IN INITIATING, CONDUCTING OR COMPLETING ANY TRANSMISSIONS OR

TRANSACTIONS IN CONNECTION WITH THE DAW PRODUCT(S) IN AN ACCURATE OR TIMELY MANNER, OR

(4) ANY DAMAGES OR COSTS OF ANY TYPE ARISING OUT OF OR IN ANY WAY CONNECTED WITH END USER USE OF ANY SERVICES

AVAILABLE FROM THIRD PARTIES THOUGH LINKS CONTAINED ON THE DAW PRODUCTS. THE LIMITATIONS, EXCLUSIONS AND

DISCLAIMERS OF THIS AGREEMENT APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, AND ARE NOT INTENDED TO

DEPRIVE END USER OF ANY MANDATORY PROTECTIONS PROVIDED TO END USER UNDER APPLICABLE LAW.

20) THIRD PARTY DISCLAIMERS:

a) First Databank Database Disclaimers: First DataBank has utilized reasonable care in collecting and reporting the information contained in the

Licensed Products and has obtained such information from sources believed to be reliable. First DataBank, however, does not warrant the

accuracy of codes, prices or other data contained in the Licensed Products. Information reflecting prices is not a quotation or offer to sell or

purchase. The clinical information contained in the Licensed Products is intended as a supplement to, and not a substitute for, the knowledge,

expertise, skill, and judgment of physicians, pharmacists, or other healthcare professionals in patient care. The absence of a warning for a given

drug or drug combination should not be construed to indicate that the drug or drug combination is safe, appropriate or effective in any given

patient.

i) FIRST DATABANK MAKES NO WARRANTY OR REPRESENTATION, EXPRESS OR IMPLIED AND FURTHER MAKES NO WARRANTY OR

REPRESENTATION, EXPRESS OR IMPLIED, AS TO THE ACCURACY OF THE DATA FROM WHICH THE PRODUCTS ARE COMPILED. AND

SPECIFICALLY DISCLAIMS THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

ii) IN NO EVENT SHALL FIRST DATABANK BE LIABLE TO LICENSEE OR ANY THIRD PARTY FOR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL,

RELIANCE, OR SPECIAL DAMAGES, INCLUDING BUT NOT LIMITED TO LOST PROFITS, EVEN IF FIRST DATABANK HAS BEEN ADVISED OF THE

POSSIBILITY OF SUCH DAMAGES.

iii) IN NO EVENT SHALL FIRST DATABANK'S LIABILITY EXCEED THE AMOUNT PAID TO IT BY LICENSEE FOR THE CURRENT FEE TERM OF THIS

LICENSE AGREEMENT, REGARDLESS OF THE FORM OF THE ACTION OR CLAIM, AND REGARDLESS OF WHETHER THE ACTION OR CLAIM IS

BASED ON ANY ALLEGED ACT OR OMISSION OF FIRST DATABANK, INCLUDING BUT NOT LIMITED TO ANY ACTION BASED ON NEGLIGENCE,

BREACH OF WARRANTY OR BREACH OF CONTRACT.

b) SureScripts Disclaimers and Associated Responsibilities: All disclaimers set forth throughout this Agreement shall survive termination or

expiration of this Agreement.

i) Availability of Data Sources. Surescripts makes no representation or warranty regarding the availability through the Surescripts network

of any particular Data Source (PBM, Pharmacy or similar) or other Participant in the Surescripts network. At any time, Data Sources or

other Participants in the Surescripts network may be added to or deleted from the Surescripts network or may limit Aggregator access to


their data, such changes may occur without prior notice to Aggregator. Any Data Source, in its sole discretion, may elect not to receive

prescriptions and other messages pursuant to this Agreement from DAW or any DAW Customer and/or Prescriber End User.

ii) Limitations of the Surescripts network. Surescripts uses available technology to match patient identities in order to provide the

Surescripts Services in accordance with this Agreement and attached Exhibits. Because patient information is maintained in multiple

places, not all of which are accessible to Surescripts, and because not all patient information is kept in a standard fashion or is regularly

updated, it is possible that false matches may occur or that there may be errors or omissions in the prescription benefit and/or

medication history information provided pursuant to the Services. Therefore, it is the responsibility of any treating physician or other

health care provider or facility (not the responsibility of Surescripts) to verify prescription benefit or medication history information

through other means with each patient and/or the patient’s representatives before such information is relied upon or utilized in

diagnosing or treating the patient. Surescripts is not a health plan, health care provider or prescriber. Surescripts does not and cannot

independently verify or review the information transmitted through the Surescripts network for accuracy or completeness. Pursuant to

the foregoing, Aggregator acknowledges that, and shall cause each Aggregator Customer and Prescriber End User to acknowledge in

writing that, the prescription benefit and medication history information provided hereunder is not complete or accurate, and that

neither Surescripts nor any Data Source provides any representations or warranties with respect to the accuracy or completeness of the

prescription benefit or medication history information, and Aggregator releases and holds harmless, and by contract shall cause each

Aggregator Customer and Prescriber End User to release and hold harmless, Surescripts and any person or entity providing prescription

benefit or medication history information from any liability, cause of action, or claim related to the completeness or lack thereof of the

prescription benefit or medication history information. In addition, Aggregator shall by contract require that each Aggregator Customer

and Prescriber End User confirm the accuracy of the prescription benefit and medication history information with his/her/its patient prior

to providing any medical services based thereon, and that the Aggregator Customer and Prescriber End User shall use his/her/it

professional judgment in the provision of care. Aggregator and Surescripts agree that the Data Sources shall be third-party beneficiaries

to this Section.

iii) No Substitution for Written Prescription or Documentation. The Surescripts network is not intended to serve as a replacement for: (i) a

written prescription where not approved as such by the appropriate Governmental authorities or where such written prescription is

required for record keeping purposes; or (ii) applicable prescription documentation. Use of the Surescripts network is not a substitute for

a health care provider’s standard practice or professional judgment. Any decision with regard to the appropriateness of treatment, or the

validity or reliability of information, is the sole responsibility of a patient’s health care provider.

c) Lexi-Comp® Integrated TM Product End-User License Agreement: This product utilizes the Lexi-Comp® IntegratedTM platform (the “Lexi-Comp

Product), which contains information provided by Lexi-Comp, Inc. (“Lexi-Comp) and/or Cerner Multum, Inc. (“Multum”). The Lexi-Comp

Product is a product licensed to you by Lexi-Comp. The Lexi-Comp Product and the “ScriptSure EMR” are separate products provided by

separate entities. The Lexi-Comp Product is intended for use in the United States. Your use of this product acknowledges acceptance of these

restrictions, disclaimers, and limitations. You expressly acknowledge and agree that Lexi-Comp and Multum are not responsible for the results

of your decisions resulting from the use of the Lexi-Comp Product, including, but not limited to, your choosing to seek or not to seek

professional medical care, or from choosing or not choosing specific treatment based on the Lexi-Comp Product. Every effort has been made to

ensure that the information provided in the Lexi-Comp Product is accurate, up-to-date, and complete, but no guarantee is made to that effect.

In addition, the drug information contained herein may be time sensitive. The Lexi-Comp Product does not endorse drugs, diagnose patients,

or recommend therapy. The Lexi-Comp Product is an informational resource designed to assist licensed healthcare practitioners in caring for

their patients and provide consumers with drug specific information. Healthcare practitioners should use their professional judgment in using

the information provided. The Lexi-Comp Product is not a substitute for the care provided by licensed healthcare practitioners and consumers

are urged to consult with their healthcare practitioner in all instances. The absence of a warning for a given drug or drug combination in no

way should be construed to indicate that the drug or drug combination is safe, effective or appropriate for any given patient. Lexi-Comp does

not assume any responsibility for any aspect of healthcare administered or not administered with the aid of information the Lexi-Comp Product

provides.

i) Disclaimer of Warranties: THE END-USER ACKNOWLEDGES THAT THE LEXI-COMP PRODUCT IS PROVIDED ON AN "AS IS" BASIS. EXCEPT

FOR WARRANTIES WHICH MAY NOT BE DISCLAIMED AS A MATTER OF LAW, LEXI-COMP, MULTUM AND ITS AFFILIATES MAKES NO

REPRESENTATIONS OR WARRANTIES WHATSOEVER, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO REPRESENTATIONS OR

WARRANTIES REGARDING THE ACCURACY OR NATURE OF THE CONTENT OF THE LEXI-COMP PRODUCT, WARRANTIES OF TITLE,

NONINFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. IN ADDITION, WITHOUT LIMITING THE FOREGOING,

THE LEXI-COMP PRODUCT HAS BEEN DESIGNED FOR USE IN THE UNITED STATES ONLY AND COVERS THE DRUG PRODUCTS USED IN


PRACTICE IN THE UNITED STATES. LEXI-COMP AND MULTUM DO NOT PROVIDE ANY CLINICAL INFORMATION AND LEXI-COMP AND

MULTUM DO NOT CHECK FOR DRUGS NOT AVAILABLE FOR SALE IN THE UNITED STATES AND CLINICAL PRACTICE PATTERNS OUTSIDE THE

UNITED STATES MAY DIFFER SUBSTANTIALLY FROM INFORMATION SUPPLIED BY THE LEXI-COMP PRODUCT. LEXI-COMP AND MULTUM DO

NOT WARRANT THAT USES OUTSIDE THE UNITED STATES ARE APPROPRIATE. The End-User acknowledges that updates to the Lexi-Comp

Product are at the sole discretion of Lexi-Comp. Lexi-Comp makes no representations or warranties whatsoever, express or implied, with

respect to the compatibility of the Lexi-Comp Product, or future releases thereof, with any computer hardware or software, nor does Lexi-

Comp represent or warrant the continuity of the features or the facilities provided by or through the Lexi-Comp Product as between

various releases thereof. Any warranties expressly provided herein do not apply if: (i) the End-User alters, mishandles or improperly uses,

stores or installs all, or any part, of the Lexi-Comp Product, (ii) the End-User uses, stores or installs the Lexi-Comp Product on a computer

system which fails to meet the specifications provided by Lexi-Comp, or (iii) the breach of warranty arises out of or in connection with acts

or omissions of persons other than Lexi-Comp.

ii) Assumption of Risk, Disclaimer of Liability, Indemnity: THE END-USER ASSUMES ALL RISK FOR SELECTION AND USE OF THE LEXI-COMP

PRODUCT AND CONTENT PROVIDED THEREON. DAW, LEXI-COMP AND MULTUM SHALL NOT BE RESPONSIBLE FOR ANY ERRORS,

MISSTATEMENTS, INACCURACIES OR OMISSIONS REGARDING CONTENT DELIVERED THROUGH THE LEXI-COMP PRODUCT OR ANY DELAYS

IN OR INTERRUPTIONS OF SUCH DELIVERY. THE END-USER ACKNOWLEDGES THAT DAW, LEXI-COMP AND/OR MULTUM: (A) HAS NO

CONTROL OF OR RESPONSIBILITY FOR THE END-USER’S USE OF THE LEXI-COMP PRODUCT OR CONTENT PROVIDED THEREON, (B) HAS NO

KNOWLEDGE OF THE SPECIFIC OR UNIQUE CIRCUMSTANCES UNDER WHICH THE LEXI-COMP PRODUCT OR CONTENT PROVIDED THEREON

MAY BE USED BY THE END-USER, (C) UNDERTAKES NO OBLIGATION TO SUPPLEMENT OR UPDATE CONTENT OF THE LEXI-COMP PRODUCT,

AND (D) HAS NO LIABILITY TO ANY PERSON FOR ANY DATA OR INFORMATION INPUT ON THE LEXI-COMP PRODUCT BY PERSONS OTHER

THAN LEXI-COMP OR MULTUM RESPECTIVELY. LEXI-COMP, MULTUM AND THEIR RESPECTIVE AFFILIATES SHALL NOT BE LIABLE TO ANY

PERSON (INCLUDING BUT NOT LIMITED TO THE END-USER AND PERSONS TREATED BY OR ON BEHALF OF THE END-USER) FOR, AND THE

END-USER AGREES TO INDEMNIFY AND HOLD LEXI-COMP AND MULTUM HARMLESS FROM ANY CLAIMS, LAWSUITS, PROCEEDINGS,

COSTS, REASONABLE ATTORNEYS’ FEES, DAMAGES OR OTHER LOSSES (COLLECTIVELY, "LOSSES") ARISING OUT OF OR RELATING TO (A)

THE END-USER'S USE OF THE LEXI-COMP PRODUCT OR CONTENT PROVIDED THEREON OR ANY EQUIPMENT FURNISHED IN CONNECTION

THEREWITH AND (B) ANY DATA OR INFORMATION INPUT ON THE LEXI-COMP PRODUCT BY END-USER, IN ALL CASES INCLUDING BUT NOT

LIMITED TO LOSSES FOR TORT, PERSONAL INJURY, MEDICAL MALPRACTICE OR PRODUCT LIABILITY. FURTHER, WITHOUT LIMITING THE

FOREGOING, IN NO EVENT SHALL LEXI-COMP, MULTUM AND THEIR RESPECTIVE AFFILIATES BE LIABLE FOR ANY SPECIAL, INCIDENTAL,

CONSEQUENTIAL, OR INDIRECT DAMAGES, INCLUDING DAMAGES FOR LOSS OF PROFITS, LOSS OF BUSINESS, OR DOWN TIME, EVEN IF

LEXI-COMP OR MULTUM HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE INFORMATION CONTAINED WITHIN THE

LEXI-COMP PRODUCT IS INTENDED FOR USE ONLY AS AN INFORMATIONAL TOOL AND END-USERS ARE URGED TO CONSULT WITH A

PHYSICIAN OR OTHER HEALTHCARE PROFESSIONAL REGARDING THEIR SPECIFIC SITUATION FOR DIAGNOSIS OR BY PHYSICIANS AND

PROFESSIONALS WHO SHOULD RELY ON THEIR CLINICAL DISCRETION AND JUDGMENT IN DIAGNOSIS AND TREATMENT. AS BETWEEN THE

END-USER AND LEXI-COMP OR MULTUM, THE END-USER HEREBY ASSUMES FULL RESPONSIBILITY FOR INSURING THE APPROPRIATENESS

OF USING AND RELYING UPON THE INFORMATION IN VIEW OF ALL ATTENDANT CIRCUMSTANCES, INDICATIONS, AND

CONTRAINDICATIONS.

iii) Liability of Lexi-Comp to the End-User: Under no circumstances shall Lexi-Comp, Multum, and their respective affiliates be liable to the

End-User or any other person for any direct, indirect, exemplary, special or consequential damages arising out of or relating to the End-

User's use of or inability to use the Lexi-Comp Product or the content of the Lexi-Comp Product provided thereon or any equipment

furnished in connection therewith. Lexi-Comp's and Multum’s total maximum cumulative liability hereunder in connection with this

Agreement, whether arising under contract or otherwise, are limited to the fees received by Lexi-Comp under this Agreement specifically

relating to the End-User's use of the Lexi-Comp Product or product which is the subject of the claim.

iv) NOTICE: All Multum (Lexi-Comp) Data is covered by U.S. Patent No. 5,833,599 and U.S. Patent No. 6,317,719. All Multum Lexi-Comp data

is Copyright owned by Lexi-Comp and/or Cerner Multum, Inc. All rights reserved.

21) END USER RESPONSIBILITIES: End User must use the software for legal and legitimate purposes. End user must accurately report the status of any

End Users, including by not limited to, reporting the proper type of user (Full-Time, Part-Time or supporting user). End User’s are responsible for all

activity on “End User DAW Product” (including activities on any sub-accounts). End User must supervise the use of “End User DAW Product” by

others. End User agrees to keep confidential the passwords associated with “End User DAW Product” and passwords that End User uses with all

other DAW Products. End User agrees to indemnify and hold harmless DAW for losses incurred by DAW or another party due to someone else using


“End User DAW Product” or password as a result of End User’s failure to use reasonable care to keep “End User DAW Product” information

confidential.

22) DAW AND END USER RESPONSIBILITIES AS RELATED TO SURESCRIPTS SERVICES:

a) End User will keep confidential any SureScripts or Participant Confidential Information;

b) DAW will conduct identity proofing and authentication sufficient to meet regulatory requirements and industry standards for each prescribing

End User and make every attempt to properly register a prescribing End User on the SureScripts network. It is End User’s responsibility to

inform DAW if End User would like NEW and/or REFILL prescriptions connectivity to the SureScripts network. Only users with active and current

NPI and DEA license numbers can utilize the SureScripts Network. It may take as long as 3 business days to properly register and obtain a

SureScripts Provider Id (SPI) for an authorized and licensed End User. Periodically, SureScripts may suspend or terminate an SPI. If an SPI is

terminated, DAW will make efforts to reactivate the user within 3 business days from notice by End User of an issue with the End User’s

electronic connectivity. In no event will DAW be held liable for any deactivation of an End User SPI, outage in the SureScripts network or other

related issue, other than willful negligence, that prevents End User from utilizing the SureScripts network.

c) Occasionally, SureScripts will update or upgrade their services. When an upgrade is available from SureScripts, DAW will make every effort to

implement and deploy to END USER those changes before the SureScripts go live date for the update or upgrade. It may be necessary for End

User to schedule an upgrade for any changes to be reflected on their system and for the SureScripts connectivity to work properly. DAW

Product upgrades are subject to the terms related to Upgrades herein.

d) End User shall not (i) use the SureScripts Electronic Prescribing Network in any manner which would allow the general public access thereto, or

(ii) allow any use of the SureScripts Electronic Prescribing Network for the benefit of any person or entity not an End User. End User agrees to

use commercially reasonable efforts at all times to maintain its own equipment.

i) SureScripts shall not be liable for failure to provide the SureScripts Electronic Prescribing Network if such failure is due to any cause or

condition beyond its reasonable control. Such causes or conditions shall include, but shall not be limited to, acts of God or of the public

enemy, acts of the Government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes,

shortages of labor or materials, freight embargoes, unusually severe weather, electrical power failures, telecommunication or internet

backbone outages, failure of End User’s internet access provider or other similar causes beyond DAW and SureScripts’ control, and DAW

and SureScripts shall have no liability for losses, expenses or damages, ordinary, special or consequential, resulting directly or indirectly

from such causes. If DAW’s and SureScripts’ failure to provide the SureScripts Electronic Prescribing Network is caused by the default of a

subcontractor, and if such default arises out of causes beyond the control of both DAW and SureScripts and the subcontractor, DAW and

SureScripts shall not be liable unless the supplies or services to be furnished by the subcontractor were obtainable from other sources in

sufficient time to permit DAW and SureScripts to fulfill its obligations hereunder.

ii) Except to the extent arising solely from the gross negligence or willful misconduct of DAW and SureScripts, End User shall indemnify and

save harmless DAW and SureScripts from and against any and all loss, damage or expense (or claims of damage or liability) asserted

against SureScripts by third parties and arising out of any breach of this Agreement by End User, any loss of connectivity to the SureScripts

Electronic Prescribing Network due to acts or omissions of End User inconsistent with the terms and conditions hereof, or information

provided to SureScripts by End User or End Users, or arising out of the use of such information when furnished by SureScripts to End

User, End Users or to other third persons at End User’s request, or to officers, employees and agents of End User.

iii) Liability of DAW and SureScripts in any and all categories and for any and all causes arising out of this Agreement shall not exceed the

license fee of the software. DAW and SureScripts shall have no liability for outages of the SureScripts Electronic Prescribing Network

remedied satisfactorily within a 24 hour period after notification of such outage. In no event, except as specifically set forth herein, shall

DAW and SureScripts be liable to End User or any third parties (including End Users) for any claim, loss or damage, ordinary, special,

consequential or otherwise, even if DAW and SureScripts has been advised of the possibility of such damage. Due to the nature of the

SureScripts Electronic Prescribing Network, End User agrees that in no event will DAW and SureScripts be liable for any claim, loss,

liability, correction, cost, damage or expense caused by DAW’s or SureScripts’ performance or failure to perform hereunder which is not

reported by End User within thirty (30) days of such failure to perform.

iv) The SureScripts Electronic Prescribing Network is not intended to serve as a replacement for (i) a written prescription where not approved

as such by the appropriate Governmental authorities or where such written prescription is required for record keeping purposes, or (ii)

applicable prescription documentation. Use of the SureScripts Electronic Prescribing Network is not a substitute for a health care

provider’s standard practice or professional judgment. Any decision with regard to the appropriateness of treatment, or the validity or

reliability of information is the sole responsibility of the patient’s health care provider.


e) End User will use or disclose any PHI obtained or sent through the SureScripts System only in a manner consistent with all Applicable Law,

including HIPAA and including obtaining any consents or authorizations required to be obtained by such Applicable Law and that all consents

and authorizations will allow disclosure of all data elements transmitted through the SureScripts System whether or not End User intends to

utilize such data elements;

i) End User will under no circumstances allow any use of any software and data accessed by End User from a participant through the

SureScripts System other than for the specific functions for which it is designed: SureScripts Services are designed to allow authorized

persons and entities to access benefit and other information on patients.

ii) End User will allow DAW and/or SureScripts to access, inspect and audit records of End User relating to the use of the SureScripts System,

SureScripts Data and Participant data.

f) DAW shall not use, and shall not permit End User or any other person or entity to use, the SureScripts System except as expressly authorized in

this Agreement and DAW shall not, and shall not permit End Users or any other person or entity to, reproduce, publicly display, publicly

distribute, or create derivative works of, the SureScripts System, except that DAW may reproduce SureScripts Materials to the extent

reasonably necessary to facilitate access to the SureScripts System solely for the purposes permitted under this Agreement. Vendor shall not

use the SureScripts System or SureScripts Data to compete with the Data Sources in their pharmacy benefit management business.

g) It is DAW policy not to influence prescribing decisions of an end user. DAW software may provide a great deal of information on all medications

and as pertains to the insurance formulary as received by SureScripts. DAW will not encourage/influence prescribing decisions that exceed

formulary, benefit, or any other treatment-based information. The software may present formulary information on-screen; this is for

informational purposes only and to assist and not influence the prescriber with prescribing for a particular patient.

h) End User shall keep confidential any Surescripts material confidential.

i) SureScripts right to audit: End User agrees to Surescripts right to access, inspect, and audit records of End User relating to the use of the

Surescripts network, Surescripts Data, and data or information provided by Participants. All HIPAA and HITECH regulations and privacy rules

will be followed during an audit.

j) DAW and End User acknowledge that messages transmitted via the Surescripts network (electronically sent messages) may contain PHI. Some

but not all Participants in the Surescripts network are either Covered Entities or Business Associates of Covered Entities, as those terms are

defined in the HIPAA & HITECH regulations. To support the privacy, confidentiality, and security of the messages transmitted via the Surescripts

network, the DAW agrees as follows:

i) Covered Entity. If DAW is a Covered Entity, DAW does, and at all times shall, comply with the HIPAA & HITECH regulations to the extent

applicable. Similarly, if a DAW Customer is a Covered Entity, then DAW shall contractually require that DAW Customer comply with the

HIPAA & HITECH regulations to the extent applicable.

ii) Business Associate. If DAW is a Business Associate of a Covered Entity, DAW does, and at all times shall, comply with the provisions of its

Business Associate Agreements and Applicable Law. Similarly, if an DAW Customer is a Business Associate of a Covered Entity, then DAW

shall contractually require that DAW Customer to comply with the provisions of its Business Associate Agreements and Applicable Law.

iii) Safeguarding Data. DAW maintain safeguards against the destruction, loss, or alteration of Surescripts Data or Participant Data that are

no less rigorous than those maintained by DAW for its own information of a similar nature, but no less than reasonable safeguards. DAW

has administrative, technical, and physical safeguards to protect the privacy of Private Information. DAW safeguards Private Information

from any intentional or unintentional use or disclosure that is in violation of the Privacy Rule, and limit incidental uses or disclosures made

pursuant to otherwise permitted or required disclosures.

iv) Breach Notification. Each Party agrees to provide notice without unreasonable delay, but no later than ten (10) business days after

determining that a Breach (as defined below) occurred. The notification shall include, to the extent possible, sufficient information for the

other Party to understand the nature of the Breach such as descriptions of (i) The Breach, including the date of the Breach and the date of

discovery of the Breach, if known; (ii) a general description of the type of message content involved, if applicable; (iii) the roles of the

people involved in the Breach; (iv) the individuals or records which are or reasonably could be impacted by the Breach; (v) any steps the

individuals whose PHI was breached should take to protect themselves from potential harm resulting from the Breach; (vi) actions taken

by the Party to investigate and mitigate the Breach; (vii) current status of the Breach and corrective action being undertaken and plans to

prevent similar breaches; and (viii) contact procedures for individuals whose PHI was breached to ask questions or learn additional

information about the Breach, if applicable. The notifying Party shall supplement the information contained in the notification as it

becomes available and shall cooperate with the other Party as necessary. This Section is in addition to the Parties’ obligations and

limitations under relevant security incident, breach notification, or confidentiality provisions of Applicable Law. For purposes of this

Section, the term “Breach” has the same meaning as defined in 45 C.F.R. § 164.402 and, therefore, is limited to a breach of “Unsecured


PHI.” Unsecured PHI is protected health information that is not rendered unusable, unreadable or indecipherable to unauthorized

individuals through use of technology or methodology specified by the Secretary of the U.S. Department of Health and Human Services.

23) Meaningful Use Compliance and Incentive Funds:

a) Daw Systems, Inc. has achieved compliance with Meaningful Use requirements. DAW provides tools and resources to assist End

Users/customers with their Meaningful Use objectives. In no event will ScriptSure be responsible financially or otherwise for a user’s failure

to obtain Meaningful Use Incentive Funds from Medicare, Medicaid or other Governmental or private program or company. The

requirements for all Meaningful Use objectives that you should try to meet can be found on the www.cms.gov website. Please check with your

account representative for the current Stage of certification ScriptSure is compliant for.

b) “This Complete EHR is 2011/2012 compliant and has been certified by an ONC-ATCB in accordance with the applicable certification criteria

adopted by the Secretary of Health and Human Services. This certification does not represent an endorsement by the U.S. Department of

Health and Human Services or guarantee the receipt of incentive payments.” ScriptSure EMR Version 8.0, Daw Systems, Inc. Date Certified:

5/31/2012, 2011/2012. Click the certificate link to see the certificate and clinical quality measures tested. Certificate is available here:

http://www.dawsystems.com/certifications.html

c) DAW makes no promises or guarantees of certification for future Meaningful Use Certifications, criteria or stages.

24) DAW Product(s) and HIPAA:

a) Please see our HIPAA statement on our website: http://www.dawsystems.com/legal.html

b) End User’s must consent to Business Associate Agreement (BAA) with DAW and a Trading Partner Agreement (TPA) with DAW prior to using

Products. BAA can be found here and are specifically incorporated by reference: http://www.dawsystems.com/pdf/baa.pdf and the Trading

Partner Agreement can be found here: http://www.dawsystems.com/pdf/tpa.pdf. These documents can be executed individually.

c) HIPAA (Health Insurance Portability and Accountability Act) was signed into law on August 21, 1996, Public Law 104-191. This law was designed

to provide insurance portability, to improve the efficiency of health care by standardizing the exchange of administrative and financial data, and

to protect the privacy, confidentiality and security of health care information. It impacts all areas of the health care industry.

d) Practice management software, Electronic Prescribing and Electronic Medical Record and Electronic Health Record programs created and sold

by Daw Systems, Inc. have been reviewed in order to determine how to best assist our End Users with their HIPAA readiness issues. Daw

Systems, Inc. has taken all reasonable and industry standard steps to ensure compliance with HIPAA standards.

e) DAW Systems will not be responsible for any failure to comply with HIPAA Standards, Rules and Regulations. IN NO EVENT SHALL DAW

SYSTEMS OR ITS SUBCONTRACTORS BE LIABLE TO END USER OR TO ANY OTHER PERSON OR ENTITY FOR ANY SPECIAL, INDIRECT, PUNITIVE,

INCIDENTAL, OR CONSEQUENTIAL DAMAGES WHATSOEVER AS RELATED TO HIPAA NON-COMPLIANCE OF DAW PRODUCT(S).

f) If you have any questions regarding Daw Systems, Inc. processes or HIPAA-readiness issues, please ask your HIPAA question through e-mail:

[email protected]

25) HOW DAW MAY MODIFY THIS AGREEMENT: DAW reserves the right to change the terms, conditions, and notices under which it offers the DAW

Products, including any charges associated with the use of the DAW Products, at any time. DAW will provide at least 30 (thirty) days written notice to

Customer or End User of any modification in this agreement, license fees or DAW products. DAW reserves the right to discontinue use of any

integrated Third Party software and remove any Third Party technology interfaces and coding. Also, DAW reserves the right to discontinue any or all

aspects of the DAW Products, including access to support services, content and other products or services ancillary to the DAW Product(s)

membership. DAW will provide direct notices of any change in pricing or material changes to End User in the event of a modification; notice will be

delivered to End User at least thirty (30) days in advance. End User’s continued use of the DAW Product(s) after the effective date of such changes

constitutes End User’s acceptance of and agreement to such changes.

a) If End User disagrees with any proposed change, End User sole remedy is to cancel End User membership before such change takes effect.

Otherwise, End User will be bound by the revised terms if End User keeps End User membership. DAW will not refund any charges if End User

chooses to cancel End User membership for this reason.

b) DAW will occasionally provide DAW Product(s) and technology upgrades to improve End User member experience, although these upgrades

may not be consistent across all platforms and devices.

c) Continual support fees may change from time to time. End User will be given at least thirty (30) days notice of any changes. Any changes will

override any DAW quote or invoice or agreement unless other arrangements are made.

26) CHOICE OF LAW AND LOCATION FOR RESOLVING DISPUTES: Claims for enforcement, breach or violation of duties or rights under this Agreement

will be adjudicated under the laws of the State of New York, without reference to conflict of laws principles. End User hereby irrevocably consents to

the exclusive jurisdiction and venue of state or federal courts in Albany County, NY, USA in all disputes arising out of or relating to the use of the

DAW Products.

http://www.cms.gov/

http://www.dawsystems.com/certifications.html

http://www.dawsystems.com/legal.html

http://www.dawsystems.com/pdf/baa.pdf

http://www.dawsystems.com/pdf/tpa.pdf



a) In the event of a Dispute, the parties shall meet and confer in good faith to resolve such dispute. In the event such efforts do not resolve the

Dispute within thirty (30) days from the date the dispute arises, either party shall have the right to demand arbitration administered and

conducted in Albany, NY by the American Arbitration Association, before one (1) arbitrator, under its Commercial Arbitration Rules, such

arbitration to be final, conclusive, and binding. The arbitral tribunal shall not be empowered to award damages in excess of any compensatory

damages, and End User hereby irrevocably waives any right to recover punitive, exemplary, or similar damages with respect to any Dispute.

Judgment on the award rendered by the arbitrator may be entered by any court having proper jurisdiction. This provision shall survive

termination of this Agreement. Notwithstanding the foregoing, any party may seek or assert entitlement to injunctive relief or specific

performance in court as an initial matter and shall have no prior obligation to establish in arbitration the entitlement to injunctive relief or

specific performance. In the event of a Dispute resolved by arbitration in accordance with this Section or otherwise by judicial order, the

arbitrator or court, as the case may be, may award to the prevailing party, if any, reasonable attorney’s fees, expenses, and costs which it incurs

as a result thereof. Any such award will be In addition to any and all other remedies, which shall be cumulative.

b) END USER HAVE LIMITED TIME TO BRING END USER CLAIM: END USER AND DAW AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR

RELATED TO THE DAW PRODUCT(S) MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH

CAUSE OF ACTION IS PERMANENTLY BARRED.

c) In no event will DAW’s liability be greater than that of the purchase amount of the End User. Liability of DAW in any and all categories and for

any and all causes arising out of this Agreement shall not exceed, in the aggregate, one (1) month's average billing to Aggregator taken over the

twelve (12) months preceding the month in which the damage or injury is alleged to have occurred, provided that if this Agreement has not

been in effect for twelve (12) months preceding such date, then over such fewer number of preceding months that this Agreement has been in

effect. DAW shall have no liability for outages of the DAW Products.

27) DAW TECHNICAL SUPPORT: Technical Support, while it is generally included with the DAW Product(s) fees, it may be a separate charge; this is

determined by an order invoice, proposal or quote. Technical support is a mandatory fee attached to each purchase. Technical support may be

purchased from an Authorized Reseller or from DAW directly. If support is paid to an Authorized Reseller, Authorized Reseller will have 100%

responsibility to provide support and DAW will have no responsibility to provide support to End-User. End-users can have access to Technical

Support staff of Daw for an additional fee. A DAW Invoice, Proposal or Quote can modify the Technical Support license fees and terms. Technical

Support terms and conditions are listed on the Technical Support Agreement (See Exhibit One: Technical Support Agreement). Support fees include

charges from third party vendors (e.g. First Databank, Lexi-Comp, etc.). DAW pays fees to these other vendors for use of their products within the

DAW products. As a result, DAW technical support is subject to any change in the license fee of those third party vendors and will change its End

User pricing for Technical support accordingly. In addition, DAW may find it necessary to increase its own Technical Support charges as it deems

necessary. Failure to pay an invoice, support, hardware invoice or paper order invoice or carrying a balance on an End User account can affect your

support and use of the product.

28) DAW PRODUCT MODIFICATIONS, CUSTOMER REQUESTS, UPGRADES AND UPDATES:

a) Modifications: DAW may modify the DAW software from time to time with added functionality, deleting functionality, new software screens,

etc. These modifications are intended to improve the product and the End User experience. All DAW modifications are at the discretion of

DAW.

b) End User Requests: End Users may request the addition of features and functionality. Any addition requests/ideas will become owned by DAW,

unless other arrangements have been made. DAW may incorporate any requests into the software, but has no responsibility to do so. All

requests will be performed at DAW’s discretion.

c) Upgrades and Updates: Upgrades and updates to the software are at the discretion of DAW. If an upgrade or update or new DAW product

release has been announced, DAW will make every attempt to meet a product update or upgrade release date, but failure to do so will not

result in DAW violating this agreement. DAW does not have a responsibility to update or upgrade the DAW Products at anytime, unless

required by law or Governmental agency. It is not DAW’s responsibility to notify End User or an update that is available. End User can inquire

to DAW about the availability of upgrades or updates through e-mail: [email protected] or by contacting DAW via phone.

d) New Modules, products and enhancements: Any new product releases or enhancements are at the discretion of DAW. Any released products

will carry additional fees.

e) Support and license fees must be paid: End User account must be active and current in terms of paid support and/or monthly fees in order to

receive updates, upgrades and support.

29) DAW PRODUCT(S) INTERFACE TO THIRD PARTY SOFTWARE/HARDWARE: End User may desire an interface to Third Party software applications. An

additional monthly license or one-time fee may apply. DAW does not maintain that all Third Party software can be interfaced with to send, receive

or exchange electronic information. A Certified DAW Invoice can modify the Interface Support license fees and terms.



30) ADVERTISEMENTS: Daw Systems, Inc. does not provide advertising within its applications. Obtrusive advertisements, including pop-up messages, are

strictly prohibited. Daw Systems, Inc. may, however, provide links to pharmacy or pharmaceutical sites or services or other businesses that provide

coupons or educational material for physicians and patients. These will not interfere with the normal use of the software and would require a "click"

by the End User to access. Daw Systems software complies with the SureScripts commercial messaging rules.

31) FORCE MAJEURE: If DAW Systems’ performance of this Agreement is interfered with by reason of any circumstances beyond its reasonable control,

including, without limitation, airline schedules, weather, fire, explosion, power failures, telecommunications or internet outages, 3rd party failures,

corruption of a Product by a computer virus, acts of God, war, revolution, civil commotion, acts of public enemies, any law, order, regulation,

ordinance or requirement of any government body or representative of any such legal body, labor unrest, including without limitation, strikes,

slowdowns, picketing or boycotts, then DAW Systems shall be excused from its performance on a day-for-day basis to the extent of such

interference.

32) INTERPRETING THE AGREEMENT:

a) If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law, then the invalid or unenforceable

provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the

remainder of this Agreement will continue in effect. DAW may assign this Agreement, in whole or in part, at any time with or without notice to

End User. End User may not assign this Agreement, or assign, transfer or sublicense End User rights, if any, in the DAW Products, without the

prior written consent of DAW.

i) License fee terms are dictated by the original sales invoice and can only be modified according the terms of this agreement or one of the

following:

(1) A Certified DAW Invoice can modify the DAW Product(s) License Fees and terms of this agreement.

(a) Any added End User Licenses will change the License fees due for an account.

(b) End User will be notified within 30 days in writing of any change in the License Fees.

(2) A subsequent contract or other agreement or document can also modify the original license fees for an account. It will be necessary

for the End User to apply a signature to any subsequent contract or other agreement or document.

ii) Except as expressly stated herein, this Agreement, including attached Exhibits, constitutes the entire agreement between End User and

DAW with respect to the DAW Product(s) and it supersedes all prior or contemporaneous communications and proposals, whether

electronic, oral or written, between End User and DAW with respect to the DAW Product(s). However, if there are issues, terms or items

not covered in this agreement, but are delineated on a management authorized proposal, invoice or separate agreement, the proposal,

invoice or separate agreement terms will be included and control as to any conflicting terms.

b) The section titles in the Agreement are solely used for the convenience of the parties and have no legal or contractual significance.

33) Both parties agree to comply with all law and regulations applicable to the exercise of their rights and obligations under this Agreement.

EXHIBIT ONE: Technical Support Agreement

DAW SYSTEMS, INC.

PLATINUM LEVEL TECHNICAL SUPPORT AGREEMENT The following agreement is by and between Daw Systems, Inc. and a qualified End User of a DAW Product as defined in the ScriptSure Software End User License Agreement and Membership Service Agreement. END USER’S USE OF THE PRODUCTS CONSTITUTES ACCEPTANCE OF THIS AGREEMENT: 1. Definitions.

For purposes of this Platinum Technical Support Agreement (“TSA”), the following terms shall have the meanings stated herein:

“Billable Service” means any service provided by DAW Systems other than the Services to be provided under this TSA. All Billable Services shall be performed at DAW Systems then current time and materials rates plus travel and expenses.

“Coverage Schedule” means the information contained in Exhibit A attached hereto and incorporated herein by reference, describing the Product(s) covered under this TSA, the location of the Product(s) (also referred to herein as “Site”), the level of service End User has selected and the applicable charges for such Services.

“Product” or “Products” means the DAW Systems products specified on the Exhibit A: Coverage Schedule that are subject to Services under this TSA.

“Services” means the maintenance and support services that DAW Systems provides on the Products as more fully described in Section 2 below and Exhibit A: Coverage Schedule attached to this TSA and incorporated by reference.


“Specifications” means DAW Systems’ published specifications applicable to a Product at the time the Product was delivered to the Site, as such specifications may be modified by DAW Systems to incorporate any “updates”, “bug fixes” or “patches” to the Products. “Certified DAW Systems Invoice(s)” means invoices prepared by DAW officers, directors and sales personnel.

2. Description of Services. DAW Systems shall perform, during the term of this TSA, and any renewal term, the Services to maintain the Products in operating condition. This shall include telephone support, preventive (if applicable to the Product(s)) and remedial support, engineering changes, replacement parts, software or firmware updates, bug fixes, system workarounds or updates to documentation. DAW Systems’ technical support staff, through its help desk, is available during the times specified on the Exhibit A: Coverage Schedule to troubleshoot identified problems with the Product, including telephone assistance and the use of spares kits, if applicable. 3. Software and Firmware Updates. If applicable, based on the Exhibit A: Coverage Schedule, for the term of this TSA and any renewal terms, DAW Systems will provide End User, at no additional charge, with software and firmware “patches,” or “bug fixes” developed by DAW Systems to fix known problems with the Products. In addition, if applicable based on the Exhibit A: Coverage Schedule, for the term of this TSA and any renewal term, DAW Systems will provide at no charge software version updates and drug database updates to the Products when they are generally made available to its support End User’s (and if required, End User shall be responsible for the purchase of any additional hardware for the implementation of any such software updates). DAW Systems reserves the right to charge additional fees for any other upgrades, enhancements and releases, including without limitation those that provide new features, functionality or significantly enhance the Products operability (unless other arrangements have been made between DAW and End User). End User shall be responsible for the maintenance of third party software products used with the Products, including updates and upgrades that the software manufacturer may make available. DAW “patches,” or “bug fixes”, updates, and upgrades are at the sole discretion of DAW. Nothing in this agreement is intended or inferred to create the obligation of DAW to provide updates or upgrades to End Users beyond those to ensure proper operating condition of the software. In addition, any updates or upgrades will not be bound to any time schedule. If DAW fails to meet an announced release date of an update, upgrade or new product release, DAW will not be responsible for that failure and such failure will not place DAW in breach of this Agreement or result in termination of this agreement or the EULA. 4. Training. One hour of DAW Systems’ training is included with a purchase. Additional training is available at an additional charge to End User, and End User may purchase such training from DAW Systems at DAW Systems then current list prices. 5. End User Obligations. End User agrees to allow DAW Systems access to Products via internet direct connection software in the event Services are needed. Furthermore, End User agrees to: (i) promptly notify DAW Systems of any material failure, malfunction or error in the Product that End User detects and provide DAW Systems with a description of the problem and the conditions under which it occurred; (ii) provide a dedicated high-speed internet connection for use of software and remote diagnostics by DAW (if remote diagnostics are applicable to the Product); (iii) properly care for the Product, as specified in the documentation for the Product; (iv) provide an environment that meets all Occupational Safety & Health Act (OSHA) standards before requesting the service technician to provide any on-Site Services; (v) allow the service technician full and free access to and use of the Product, attachments, features and other equipment necessary to perform the Services; and, (vi) provide adequate working space and facilities for the service technician, including proper heat, lights, ventilation, electrical power and outlets. 6. Term and Termination. This TSA shall depend on the purchase option of the End User. If it is a monthly purchase, this TSA will apply as long as the monthly license fees are paid, unless other arrangements have been made. For the flat purchase End Users, there is an initial term of one (1) year of support that is included, unless other arrangements have been made. End User will be invoiced for the following year support on the same terms and conditions expressed herein unless either party gives the other party written notice of changes or termination at least thirty (30) days prior to the expiration of the then-current term. The price will be determined based on the then-current fees. The specific term and duration of this TSA is determined from the date of purchase. End User can cancel by calling, by sending a fax, or by sending a letter to DAW Systems. DAW Systems will send written confirmation of cancellation and supply an invoice for any cancellation fees, if any.

a) Cancellation of membership is End User’s sole right and remedy with respect to any dispute with DAW Systems. This includes, but is not limited to, any dispute related to, or arising out of: i) any term of this TSA or DAW Systems enforcement or application of this TSA; ii) any policy or practice of DAW Systems, iii) your ability to access and/or use the Products and services; or iv) the amount or type of fees, surcharges, applicable taxes, billing methods, or any change to the fees, applicable taxes, surcharges or billing

methods. b) Except as provided otherwise herein, in the event that either party hereto fails in the performance of its material obligations hereunder or

breaches any material terms or conditions hereof, the aggrieved party may, at its option, give notice to the party that is alleged to have failed to materially perform, or is alleged to have materially breached this TSA, of such breach and the aggrieved party’s intention to terminate this TSA unless such material breach or failure in performance is remedied. Within thirty (30) days after receipt of such notice, the breaching party shall either: i) acknowledge the breach(es) in writing, after which time the breaching party will have thirty (30) days to cure such breach, or ii) provide notice that it contests such allegation of breach and proceed with a dispute resolution process. Failure to respond to an

aggrieved party’s notice shall be deemed an acknowledgement of breach as of the date of expiration of such initial thirty (30) day period. A breaching party’s failure to remedy a breach prior to the end of the thirty (30) day period after acknowledging such breach shall make this TSA terminable, at the option of the aggrieved party, immediately upon delivery of written notice to the breaching party.

c) Notwithstanding the foregoing, DAW Systems may terminate and/or may immediately require that End User terminate use of Products: (1) if such End User is not duly licensed or authorized to issue prescription orders, or (2) if such End User otherwise acts in a manner that would constitute a material breach of this TSA. (3) or pursuant to the terms of Section 10 above.

d) The parties hereto may agree at any time to terminate this TSA upon mutual consent. 7. Pricing. Platinum level support includes technical support. Charges may be included in a monthly, yearly or other interval license fee or support fee basis. If the End User desires technical support beyond the scope of the Platinum level support, End User shall be charged for technical support at the then-current rates (see exclusions section below). DAW Systems may increase maintenance fees annually upon thirty (30) days written notice to End User. Additional equipment may be added to this TSA at any time in accordance with the Product Eligibility requirements as stated in Section 9 below. All additional equipment support pricing shall be pro-rated for the number of months remaining on the current term and shall renew together on the


anniversary date of this TSA. Payment for support of such additional equipment shall be invoiced for the amount due for the balance of the TSA term and payable in accordance with Section 8 below. 8. Payment and Taxes. All payments shall be in U.S. dollars. Payment terms are net thirty (30) days after the date of invoice without set-off. Invoicing will be monthly and payable in advance of the start of the term of this TSA and any renewals hereof. End User is responsible for paying any and all applicable sales, use, privilege, excise, value added, property, or similar taxes for the Services. Any amounts unpaid when due shall bear interest at the rate of one and one half percent (1.5%) per month, or the highest rate permitted by applicable law, whichever is lower. DAW Systems reserves the right to terminate this TSA pursuant to the terms of Section 6 above.

1) Nonpayment or Problem Payment Penalties: a) Declined Credit Cards: Any declined credit cards will carry a $25 processing fee. b) Insufficient / Bounced check fees: Daw Systems, Inc. takes bounced checks very seriously. If we receive a returned check from our

bank for a payment you made, you will be invoiced for the original amount of the check plus a $200 fee to cover bank fees we incur and handling and processing of the insufficient/bounced check. The payment of the invoiced amount will be due upon receipt. We will not re-submit the original check. In addition, a check cannot be used for repayment unless approved by Daw Systems, Inc. staff prior. Daw Systems, Inc. reserves the right to suspend support as well as use of any software and services that are attached to the account. All support payment sales are final.

2) DAW may suspend client access to the software if there any outstanding invoices that are past due on the clients account, even if they are unrelated to support payments. For example, failure to pay for a shipped paper order where are credit card was charged and there was a charge back by the merchant can result in suspension of use of the software.

9. Product Eligibility. All Products originally supplied by DAW Systems and fully operational are eligible for inclusion under this TSA. If End User seeks to have a Product covered under this TSA that was not: (i) covered by a DAW Systems’ Technical Support or Extended Service Plan Agreement immediately upon expiration of the applicable Product warranty or (ii) transferred to this TSA from another existing maintenance TSA with DAW Systems, DAW Systems may require an on-site inspection of the Product that is to be placed under this TSA as a condition of acceptance of the Product for Service. This inspection shall be authorized in advance in writing by End User and will be performed by DAW Systems, or one of its authorized subcontractors, and such service will be invoiced to and paid by End User as a Billable Service at DAW Systems’ then prevailing time and material rates, with a required four (4) hour minimum. If during such inspection the Product is discovered to be defective or not fully operational in accordance with the Specifications, DAW Systems will require the cause of the defect to be corrected prior to DAW Systems’ acceptance of the Product for Service. Services performed to correct these defects shall be authorized by End User in advance and in writing and shall be invoiced to and paid by End User as a Billable Service at DAW Systems’ then prevailing time and material rates, with a required four (4) hour minimum. 10. Service Exceptions and Limitations. On-Site service is not included in this technical support TSA. Services do not include repair or replacement of any Product that: (i) has been damaged by an act of God or by misuse, accident, modification, improper storage, unsuitable physical or operating environment, or improper maintenance by End User ; (ii) has been used in combination with other equipment or software that DAW Systems has not validated for interoperability with the Product or that is not recommended for use with such Product in accordance with the Specifications; (iii) has been moved, installed, de-installed, altered, or repaired by anyone other than DAW Systems or DAW Systems’ authorized representative; (iv) has had the original identification marks removed; or (v) fails because of a product for which DAW Systems is not responsible. If DAW Systems provides services that are covered by any of the limitations described above, End User agrees to pay DAW Systems for such services as a Billable Service. DAW Systems and its service technicians are not responsible for, and shall not provide services relating to: (i) moving furniture, equipment, stored materials or the relocating of any other objects to gain access to the Product while on End User’s premises; (ii) obtaining site security authorization(s) to gain access to the Product; or (iii) ensuring that software and data files used in connection with the Product are routinely archived and documented. End User may contract with DAW Systems to perform de-installation, relocation, and reinstallation services of the Products at facilities to be mutually agreed to by the parties in writing. If during the term of this TSA, End User wishes to relocate a Product from the initial installation site to a new location, End User agrees to notify DAW Systems in writing ninety (90) days prior to the relocation date. Any such de-installation, relocation, and reinstallation services shall be provided as a Billable Service by Daw Systems. Billable Services also include, without limitation: (i) electrical work external to the Product or associated with any items not provided by DAW Systems; (ii) painting or otherwise refinishing the Product; (iii) provision of consumables (e.g., printer cartridges, paper, diskettes etc.); (iv) no trouble found with DAW Systems-provided products; (v) Services (both telephone and on-Site) on any non-DAW Systems provided products; and (vi) waiting time on-Site if a Product is not available to DAW SYSTEMS-assigned personnel. DAW Systems reserves the right to decline to provide Services at locations that are deemed by DAW Systems to be unsafe or locations where implementation of such Services is deemed cost prohibitive. Services at such locations by DAW SYSTEMS, if available, will be on a case-by-case basis and contingent upon the successful negotiation of mutually acceptable support and compensation arrangements. On-site service is not deemed to be a part of this support TSA.

11. Limited Warranty and Warranty Disclaimer. DAW Systems warrants that all Services provided hereunder shall be completed in a workmanlike manner in accordance with applicable industry standards. EXCEPT AS EXPRESSLY PROVIDED HEREIN, NEITHER DAW SYSTEMS NOR ANY OF ITS SUBCONTRACTORS MAKES ANY WARRANTY OF ANY KIND, WRITTEN OR ORAL, STATUTORY, EXPRESS OR IMPLIED, WITH RESPECT TO ANY SERVICE OR PARTS PROVIDED IN CONNECTION WITH THIS TSA, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. 12. Limitation of Liability. IN NO EVENT SHALL DAW SYSTEMS OR ITS SUBCONTRACTORS BE LIABLE TO END USER OR TO ANY OTHER PERSON OR ENTITY FOR ANY SPECIAL, INDIRECT, PUNITIVE, INCIDENTAL, OR CONSEQUENTIAL DAMAGES WHATSOEVER, ARISING OUT OF OR RELATED TO THIS TSA OR SERVICES OR PARTS PROVIDED UNDER THIS TSA, INCLUDING WITHOUT LIMITATION LOSS OF PROFITS, INJURIES TO PERSONS OR PROPERTY, LOSS OF USE OF PROPERTY, OR DAMAGES FOR WHICH END USER MAY BE LIABLE TO OTHER PERSONS OR ENTITIES, EVEN IF DAW SYSTEMSHAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN THE EVENT OF ANY DEFAULT BY DAW SYSTEMS UNDER THIS TSA, DAW SYSTEMS (COLLECTIVELY WITH ANY OF ITS SUBCONTRACTORS PERFORMING SERVICES UNDER THIS TSA), WILL BE LIABLE FOR NO MORE THAN THE AMOUNT OF ANY ACTUAL DIRECT DAMAGES CAUSED BY DAW SYSTEMS’ DEFAULT


UP TO THE ANNUAL FEE PAID BY END USER FOR SERVICES APPLICABLE TO THE PRODUCT GIVING RISE TO THE CLAIM. IN NO EVENT WILL DAW SYSTEMS OR ITS SUBCONTRACTORS BE LIABLE FOR ANY LOSS OF, OR DAMAGE TO, END USER RECORDS OR DATA. THIS LIMITATION SHALL APPLY NOTWITHSTANDING THE FAILURE OF THE ESSENTIAL PURPOSES OF ANY LIMITED REMEDY. 13. Cessation of Service. If DAW Systems decides to cease Services on any Product(s) during the term of this TSA or any renewal term, DAW Systems agrees to provide End User with sixty (60) days advance notice of such cessation.

14. Force Majeure. If DAW Systems’ performance under this TSA is interfered with by reason of any circumstances beyond its reasonable control, including, without limitation, airline schedules, weather, fire, explosion, main power failure, telecommunications or internet failure, corruption of a Product by a computer virus, acts of God, war, revolution, civil commotion, acts of public enemies, any law, order, regulation, ordinance or requirement of any government body or representative of any such legal body, labor unrest, including without limitation, strikes, slowdowns, picketing or boycotts, then DAW Systems shall be excused from its performance on a day-for-day basis to the extent of such interference. 15. General.

15.1. Governing Law. The rights and obligations of the parties and all interpretations and performance of this TSA shall be governed in all respects by the laws of the State of New York, exclusive of its rules regarding conflicts of laws. Nothing in this TSA affects any statutory rights of consumers that cannot be waived or limited by contract.

15.2. Assignment. End User may not assign or transfer this TSA or any rights or obligations hereunder without the prior written consent of DAW Systems.

15.3. Subcontracting. DAW Systems may subcontract any or all of the Services to be provided under this TSA.

15.4. Notices. Notices and other similar communications shall be transmitted in writing by certified U.S. mail, postage prepaid, return receipt requested, by facsimile, or by overnight courier, addressed to DAW Systems using the address reflected in the preamble of this TSA. Such notices and communications shall be deemed effective four (4) days after the date of mailing or upon receipt as evidenced by the U.S. Postal Service return receipt card if sent by certified mail, or upon receipt if sent by facsimile or overnight courier. Either party may change the address to which its notices are to be sent by notice to the other party conforming to this Section.

15.5. Severability. In the event any one or more of the provisions, or any part thereof, contained in this TSA shall for any reason be held to be unenforceable in any respect by a court of competent jurisdiction, such provision(s) or part thereof shall be stricken from the TSA and not affect the other provisions or the validity of this TSA in its entirety.

15.6. Headings. Paragraph headings used in this TSA are for reference purposes only and shall not be interpreted to limit or affect in any way the meaning of the language contained in such paragraphs.

15.7. Modification. This TSA can be modified by a Certified DAW Systems Invoice. DAW Systems reserves the right to change the terms, conditions, and notices under which it offers the TSA, including any charges associated with the use of the Products, at any time. DAW will provide thirty (30) days advanced notice.

Exhibit A: Platinum Coverage Schedule:

The following defines the Platinum Technical Support and Extended Service Plan coverage provided by this TSA. Technical support is for a DAW Product software and Star Prescription Printers only. Additional or expanded support is available and must be specified on a Purchase Invoice. Please see the support exclusions below. DAW may modify these exclusions from time to time. ScriptSure technical staff may assist with the exclusion items; additional charges will apply. Please contact your support representative for the current pricing for any additional support fees.

Daw Systems, Inc. Technical Support can be reached at: Phone: (866) 755-1500 x2

Fax: (518) 533-3793

E-mail: [email protected]

Platinum Technical Support Includes for the term of the paid technical support:

· Unlimited phone calls to technical support line

· Unlimited e-mail technical support incidents/year

· Internet direct computer connection support

· Three-day advance replacement on hardware and software

· Minor and major feature firmware (Software) version updates

· Medical database updates as released



· Access to available learning tutorials/printed material at no additional charge

On-site installation and maintenance is specifically available, but not included with support, unless otherwise agreed to in writing by Daw Systems, Inc. Internet direct computer connection support is available where End User has obtained high-speed internet access. Daw Systems is not responsible for supplying internet access. If a product requires repair, Daw Systems, Inc. reserves the right to supply original, refurbished, or new (upgraded) components at its sole discretion. Service Levels for Support Incidences:

Severity Level Response Description Example

Severity 1 (Critical)

Immediate and on-going commitment of resources with updates as soon as feasible.

Loss of service or serious impairment to service that cannot be circumvented. Business operations cannot reasonably continue.

Server not responding.

Severity 2 (High Priority)

Focused resolution of the issue with updates every 6 hours, or by mutual agreement.

An impairment that is circumventable. Impact on production is measurable; work-around exists but not viable for long-term.

Partial system functionality.

Severity 3 (Medium)

Reasonable focus with weekly updates, or by request from DAW.

A non-service affecting issue, but is affecting smooth operations of business

An informational ticket or new service request.

Severity 4 (Low)

Reasonable focus with weekly updates, or by request from DAW.

A non-service affecting issue. An informational ticket or new service request.

For custom programming requests, Time & Materials rates are as follows: • Standard (9 am to 5 pm Monday – Friday EST): $149/hour • Overtime (5 pm to 9 am Monday – Thursday EST): $199/hour • Weekend & Holiday (5 pm Friday – 9 am Monday EST): $249/hour

On-Site support / training

• Advanced notice required (9 am to 5 pm Monday – Friday EST): $249/hour + travel expenses (minimum $150) SUPPORT EXCLUSIONS: Technical Support specifically excludes the following items. If support is required for any of the issues below, there are additional charges to complete. The additional charges are according to the then-current rates. Account and database changes and charges: (Please contact your account representative for information on current pricing.)

• Database moves: There are fees not included in the support fees or purchase prince that must be paid in order to move an installed database to a new computer regardless of the reason.

o Move from HOSTED to locally installed (and vice-versa) also triggers these charges. • Address and/or business and account name changes require a fee to be paid in order to facilitate the change. • Adding new users also triggers additional charges. There may be setup charges and there may be monthly charges depending on the user type

being added and the circumstances. As a general rule, all new users trigger a charge.

Technical Support Issues: • Network/Internet issues: ScriptSure representatives cannot assist with network issues. It is customer responsibility to ensure that all the

computers are on the network, sharing files and have internet connectivity. • Scanners: Support for scanners and other devices for creating PDFs, TIFF documents and other electronic documents from a physical specimen

are not included in this EULA. The company that has provided or that you have purchased the scanning or other similar device from is your presumed contact for support for the device. Daw Systems cannot support these vendor systems. Connectivity to folder and drives that contain scanned documents is the responsibility of the customer.

• Firewall: the database for ScriptSure requires the firewall to be turned off OR rules and privileges to be set to allow for ScriptSure to access to database through the firewall. It is customer’s responsibility to properly configure the firewall(s) and other security programs for this.

• Slow internet connections. • Printer driver issues for printers. • Star Printer hardware issues are handled directly by the printer manufacturers. For the Star Micronics printers, warranties are included. Visit

support at www.starmicronics.com . • Screen Resolution issues as a result of ScriptSure minimum computer requirements not being met. Minimum screen resolution is 1024x768. • Hardware failures:

o Including hard-drive failures and corrupt segments. o Driver or other updates needed to hardware profiles and device managers.

• Operating System (OS) malfunctions or other defects as a result of deleted files, OS updates or similar issues. o OS updates that need to be performed are not the responsibility of DAW.

• Viruses that inhibit proper function of ScriptSure software. • Anti-Virus programs that inhibit proper function of ScriptSure software.

http://www.starmicronics.com/


Template and Report Creation:

• Users can request new templates or reports, modifications to existing reports or templates, however, additional charges will apply. New functionality Requests:

• Software functionality requests are taken on a case-by-case basis and are evaluated by management for inclusion into the software. Depending on the request, DAW may in its sole discretion charge fees for the added requested functionality.

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daw systems, inc · m) “daw party” (in the plural “daw parties”) means daw affiliate,...

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