If you (“Pharmacy”) have an active PharmacyOne license and purchased and currently use a server from Liberty, Liberty may offer offsite backup service (“Offsite Backup Service“) for data generated by PharmacyOne (“PharmacyOne Data”).  Offsite Backup Service is not available to if you are running RXQ on a server not provided by Liberty.  By using the Offsite Backup Service, you agree to be bound by these Offsite Backup Service Terms (“Offsite Backup Terms”):

As part of the Offsite Backup Service, Liberty will backup the SQL backup files that store PharmacyOne Data.  Liberty will also attempt to backup the images and files stored in PharmacyOne.   Due to internet speeds, size and number of images, and other factors, Liberty may only be able to backup a portion of the images and files or may be unable to backup any images altogether.

It is the Pharmacy’s responsibility to request that Liberty activate the Offsite Backup Service.  It is the Pharmacy’s responsibility to weekly verify the execution of backups because backups may fail for any number of reasons including but not limited to, internet connectivity issues, authentication issues, firewall, blocks by anti-virus programs, and/or system configuration changes to the computer.  It is recommended that the Pharmacy annually request that Liberty perform a restore of PharmacyOne Data from the Offsite Backup Service to further verify the backups are functioning properly.

Based on the protection level of primary production devices, Liberty may not keep redundant backups of the primary production data.  If there is no redundant backup of primary production data, Liberty may not be able to recover data in the event of failure and Liberty may need to initiate a fresh backup of PharmacyOne Data.

The data saved by the Offsite Backup Service is only intended as a backup of last resort.  Liberty expects that Pharmacy is performing onsite local backups of user data. Liberty has local backup capability with encryption, and strongly encourages Pharmacy to make full use of this or other local backup options. Due to relatively large sizes of storage devices, some of the PharmacyOne Data recovery and repair efforts may take many days or weeks and is not guaranteed. Again, Liberty strongly recommends not to use the Offsite Backup Service as the only source of PharmacyOne Data backup, and to make frequent, regular, onsite or local PharmacyOne Data backups.

If compelled to disclose or provide access to any PharmacyOne Data by subpoena or a court order, Liberty shall notify and provide a copy of the document compelling such production to Pharmacy, unless legally prohibited from doing so.

DISCLAIMER OF WARRANTIES
The transmission, storage, viewing and retrieval of data and files through the internet is subject to a variety of conditions that make such transmission, storage, viewing, and retrieval potentially unreliable. ACCORDINGLY, THE OFFSITE BACKUP SERVICE IS PROVIDED TO PHARMACY ON AN “AS IS” AND “AS AVAILABLE” BASIS, AT PHARMACY’S OWN RISK. LIBERTY SOFTWARE, INC DISCLAIMS ALL WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED, ARISING BY LAW OR OTHERWISE, WITH RESPECT TO THE OFFSITE BACKUP SERVICE (INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT). PHARMACY ACCOUNT AND THE SERVICE MAY NOT MEET PHARMACY NEEDS. LIBERTY SOFTWARE, INC. MAKES NO REPRESENTATION OR WARRANTY THAT: (A) THIS OFFSITE BACKUP SERVICE WILL MEET PHARMACY NEEDS; (B) ACCESS TO PHARMACY’S OFFSITE BACKUP RXQ DATA WILL BE TIMELY, ERROR-FREE, UNINTERRUPTED, VIRUS-FREE, OR SECURE; (C) THE DATA AND FILES PHARMACY STORED IN PHARMACY ACCOUNT WILL NOT BE LOST OR DAMAGED; (D) THE DATA ON THE OFFSITE BACKUP SERVER WILL NOT BE LOST OR DAMAGED; OR (E) THAT DEFECTS IN THE SERVICE WILL BE CORRECTED. PHARMACY ACKNOWLEDGES THAT ANY MATERIAL OR DATA PHARMACY RETRIEVES THROUGH THE USE OF THE OFFSITE BACKUP SERVICE IS DONE AT PHARMACY’S OPTION AND RISK AND THAT PHARMACY WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO PHARMACY’S COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE RETRIEVAL OF SUCH MATERIAL OR DATA.

LIMITATION OF LIABILITY
IN NO EVENT SHALL LIBERTY SOFTWARE, INC. OR ITS AFFILIATES, AGENTS, ADVERTISERS, OR SUPPLIERS HAVE ANY OBLIGATION OR LIABILITY TO PHARMACY FOR (A) THE COST OF PROCUREMENT OF SUBSTITUTE SERVICE OR DATA OR (B) ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, ANY LOSS OF DATA, REVENUE, OR PROFITS, OR BUSINESS INTERRUPTION) OR OTHER PECUNIARY LOSS ARISING OUT OF (1) PHARMACY’S USE OR INABILITY TO USE THE OFFSITE BACKUP SERVICE, OR (2) PHARMACY’S LOSS OF DATA OR FILES STORED THEREIN. THE LIMITATIONS OF LIABILITY IN THIS SECTION APPLY REGARDLESS OF LEGAL THEORY WHETHER LIBERTY SOFTWARE, INC. HAS BEEN WARNED OF THE POSSIBILITY OF SUCH DAMAGES, AND/OR EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE. AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO OUR SERVICES WILL BE LIMITED TO THE GREATER OF $1000 OR ANY AMOUNTS PAID BY PHARMACY TO LIBERTY SOFTWARE, INC. FOR THE PAST THREE MONTHS OF THE SERVICE IN QUESTION.

TERMINATION
Offsite Backup Services shall terminate upon termination of the PharmacyOne software license.  Liberty may, at our sole option, immediately and without notice, terminate these Terms at any time or suspend Pharmacy access to the offsite backup service: (i) if Liberty is required to do so by law; (ii) if Liberty ceases to offer any services covered by these Offsite Backup Terms; or (iii) for any other reason with thirty (30) days’ prior written notice to Pharmacy.

SEVERABILITY
Liberty shall enforce these Offsite Backup Terms to the fullest extent permitted by applicable law. If for any reason any provision of the Offsite Backup Terms is held to be invalid or unenforceable under applicable law to any extent, then (i) such provision will be interpreted, construed, or reformed to the extent reasonably required to render the provision valid, enforceable, and consistent with the original intent underlying such provision, and (ii) such invalidity or unenforceability will not affect any other provision of the Offsite Backup Terms.

MODIFICATIONS TO THIS AGREEMENT
Liberty may change these Offsite Backup Terms from time to time and the most current version will always be accessible at https://libertysoftware.com/pharmacyone-legal.  Liberty will notify Pharmacy of such revisions via email.  The current version will become effective 30 days after such notice.  Pharmacy’s continued use of the Offsite Backup Service after such revisions become effective shall constitute Pharmacy’s acceptance of such revisions to these Offsite Backup Terms.  If Pharmacy does not agree to the revised Offsite Backup Terms, Pharmacy shall stop using the Offsite Backup Service.