Effective Date: July 17th, 2025
Please read this EULA carefully before using Our Service. Capitalized terms have meanings defined below for the purposes of this EULA.
This End User License Agreement (“Agreement”) is entered into between Eleven Data Corp., doing business as RiskAdjustmentModel.com (“Licensor”), and the individual user (“You” or “Licensee”) who registers for the Free Trial of the MScore® Software (“Software”).
By clicking “I Agree,” You accept and agree to be bound by the terms of this Agreement.
Scope and Incorporation
This Agreement governs use of the Software under the Free Tier. It is incorporated with Licensor’s:
If You enter into a separate paid written license agreement with Licensor that governs use of the Software and is dated after the effective date of this Agreement, that agreement will control in the event of a conflict with this Agreement.
Licensor grants You a non-exclusive, non-transferable, revocable license to use the MScore® Software for a period of 30 days from activation, for the sole purpose of evaluating the Software for potential purchase.
This license permits:
This Agreement will automatically terminate 30 days after activation of the license key unless You enter into a valid paid license agreement with Licensor. Licensor reserves the right to modify or expand the available paid license tiers, pricing, and associated usage rights at any time. Licensor also reserves the right to change the duration of the Free Trial period, including limiting or extending access at its sole discretion. Licensee is responsible for selecting and maintaining an appropriate license tier based on their use case and continued use of the Software.
You agree not to:
Licensor does not impose technical limitations on the number of records or operations performed under the Free Tier. However, this license is granted solely for non-commercial internal use, and Licensor monitors usage to detect potential abuse or unauthorized commercial use.
Licensor may collect metadata (such as usage patterns, timestamps, IP addresses, and volume indicators) to:
If Licensor determines, in its sole discretion, that Licensee is using the Free Tier for purposes inconsistent this Agreement, Licensor may restrict or revoke access at any time.
Licensee acknowledges and agrees that, as between the parties, Licensor retains all right, title, and interest in and to the Software and Documentation, including all intellectual property rights, regardless of use or access.
Except for the limited license rights expressly granted under this Agreement, no other rights—by implication, estoppel, or otherwise—are transferred to Licensee or any third party. Use of the Software, including extensive or high-volume usage, shall not grant Licensee any expanded or continuing rights beyond those explicitly set forth herein.
Licensee may provide suggestions, comments, or feedback (“Feedback”) regarding the Software, and Licensor may use such Feedback without restriction. Licensee hereby irrevocably assigns all rights in such Feedback to Licensor, and Licensor shall have no obligation to use or attribute such Feedback.
Licensee is responsible for all use of the Software and Documentation through their registered access, whether such use is direct or indirect, authorized or unauthorized.
Licensee agrees not to share their license key, and to take reasonable steps to prevent misuse by others. Any use by a third party that would violate this Agreement if done by Licensee shall be considered a breach by Licensee.
Licensor reserves the right to suspend or revoke access if it reasonably determines that the Software is being misused or accessed outside the scope of this License.
Use of the Software under this License includes access to publicly available documentation and community support resources. Licensor may, at its sole discretion, provide updates, enhancements, or error corrections generally made available. This license does not include SLA-based support, custom assistance, or guaranteed maintenance. Any additional support, custom assistance, or feature requests may be subject to separate terms and fees, as determined by Licensor.
This Agreement is effective upon your acceptance and will automatically terminate 30 days after activation of the license key, or such other trial period as Licensor may specify, unless converted to a paid license. Licensor may terminate or restrict access to the Software at any time, for any reason, without notice.
Upon termination, all rights granted to You under this Agreement shall immediately cease. You must cease use and delete all copies of the Software and Documentation. Upon request by Licensor, You agree to certify in writing that all such materials have been deleted or destroyed.
The following sections shall survive any termination or expiration of this Agreement: Section 3 (Use Restrictions), Section 4 (Usage Monitoring and Fair Use), Section 5 (Ownership and Rights), Section 6 (Licensee Responsibilities), Section 7 (Support and Updates), Section 9 (Disclaimer of Warranties), Section 10 (Limitation of Liability), Section 11 (Governing Law and Jurisdiction), Section 12 (Assignment and Export Compliance), Section 14 (Confidentiality), and Section 15 (Indemnification).
THE SOFTWARE AND DOCUMENTATION ARE PROVIDED “AS IS”, WITHOUT WARRANTY OF ANY KIND. LICENSOR DISCLAIMS ALL EXPRESS, IMPLIED, STATUTORY, OR OTHER WARRANTIES TO THE FULLEST EXTENT PERMITTED BY LAW. THIS INCLUDES, BUT IS NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING, USAGE, OR TRADE PRACTICE. LICENSOR MAKES NO WARRANTY THAT THE SOFTWARE OR DOCUMENTATION, OR ANY RESULTS FROM THEIR USE, WILL:
NOTWITHSTANDING ANY DAMAGES THAT LICENSEE MIGHT INCUR, LICENSOR'S TOTAL LIABILITY, INCLUDING THAT OF ITS SUPPLIERS, ARISING FROM OR RELATED TO THIS AGREEMENT SHALL NOT EXCEED THE LESSER OF:
TO THE MAXIMUM EXTENT PERMITTED BY LAW, LICENSOR SHALL NOT BE LIABLE UNDER ANY LEGAL OR EQUITABLE THEORY, INCLUDING BUT NOT LIMITED TO BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR STRICT LIABILITY, FOR:
THIS LIMITATION APPLIES REGARDLESS OF WHETHER LICENSOR WAS ADVISED OF, KNEW OF, OR COULD HAVE REASONABLY FORESEEN SUCH LOSSES OR DAMAGES.
This Agreement shall be governed by and construed in accordance with the laws of the State of Florida, without regard to its conflict of law principles. Any legal action, suit, or proceeding arising from or relating to this Agreement shall be brought exclusively in the state or federal courts located in Pinellas County, Florida. Each party irrevocably submits to the exclusive jurisdiction and venue of such courts and waives any objection to jurisdiction, venue, or forum non conveniens.
Licensee shall not assign, transfer, or delegate any of its rights or obligations under this Agreement without Licensor’s prior written consent. Any attempted assignment, transfer, or delegation in violation of this provision shall be null and void.
The Software is subject to U.S. export control laws, including the Export Control Reform Act and applicable regulations. Licensee shall not, directly or indirectly, export, re-export, release, or otherwise make the Software available to any jurisdiction or country prohibited by U.S. law.
This Agreement constitutes the entire agreement between the parties for use of the License and supersedes all prior and contemporaneous understandings, agreements, representations, and warranties, whether written or oral, relating to its subject matter.
To the extent either party receives or has access to non-public, proprietary, or confidential information of the other party in connection with this Agreement or use of the Software ("Confidential Information"), such information shall be kept confidential and not disclosed to third parties. This obligation does not apply to information that is: (a) in the public domain through no breach of this Agreement; (b) already known by the receiving party without obligation of confidentiality; (c) lawfully disclosed by a third party; or (d) independently developed without reference to the Confidential Information.
These obligations survive the termination of this Agreement for a period of five (5) years, or indefinitely for information that qualifies as a trade secret.
Licensee agrees to indemnify, defend, and hold harmless Licensor and its officers, directors, employees, agents, affiliates, successors, and assigns from and against any losses, damages, liabilities, or costs (including reasonable attorneys’ fees) arising from or related to any third-party claim, suit, action, or proceeding resulting from:
If Licensor seeks indemnification under this Section, Licensor shall promptly notify Licensee in writing of the claim. Licensor reserves the right, at its sole discretion, to assume and control the defense with legal counsel of its choosing.
Licensee shall not enter into any settlement or resolution regarding an indemnified claim that: