|Resident Rent Calculator|
|For purposes of this Resident Rent Calculator, resident rent payment is applicable to clients enrolled in permanent supportive housing and rental assistance programs funded and administered by the NYC Deparment of Health & Mental Hygiene.|
|HOPWA regulations 24CFR574.310d(1)(2)(3) state: “Resident rent payment. Except for persons in short-term supported housing, each person receiving rental assistance under this program or residing in any rental housing assisted under this program must pay as rent, including utilities, an amount which is the higher of: (1) 30 percent of the family's monthly adjusted income (adjustment factors include the age of the individual, medical expenses, size of family and child care expenses and are described in detail in 24CFR5.609); (2) 10 percent of the family's monthly gross income; or (3) If the family is receiving payments for welfare assistance from a public agency and a part of the payments, adjusted in accordance with the family’s actual housing costs, is specifically designated by the agency to meet the family’s housing costs, the portion of the payment that is designated for housing costs.” Documentation and Verification of Income: As a condition of participation in the program, each client must agree to supply such certification, release, information, or documentation as the agency determines to verify the client’s income.|
PLEASE READ THIS END-USER LICENSE AGREEMENT CAREFULLY BEFORE ACCESSING OR USING THE FREE HOPWA RENT CALCULATOR OR ANY OTHER MATERIALS AVAILABLE ON THIS WEB SITE (THE “SOFTWARE”). CLICKING ON THE "I ACCEPT THE TERMS AND CONDITIONS" BUTTON BELOW, OR IN ANY OTHER WAY ACCESSING OR USING THE SOFTWARE, CREATES A LEGALLY ENFORCEABLE CONTRACT AND CONSTITUTES ACCEPTANCE OF ALL TERMS AND CONDITIONS OF THIS AGREEMENT WITHOUT MODIFICATION.
IF YOU ARE NOT AUTHORIZED TO ENTER INTO THIS AGREEMENT, OR IF YOU DO NOT AGREE TO ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT, THEN YOU MUST NOT CLICK ON THE "I ACCEPT THE TERMS AND CONDITIONS" BUTTON BELOW, AND YOU MUST NOT ACCESS OR USE THE SOFTWARE.
This End-User License Agreement (the Agreement), effective as of the date you accept the terms hereof (the Effective Date), is entered into between RDE System Support Group, LLC with an address at 44 Cedar Cliff Drive, Wayne, NJ 07470 (Licensor) and you, the user of the Software and any person or entity on whose behalf you use the Software (collectively, the Licensee). The parties agree as follows:
1.1 License to Use Software. Subject to all terms and conditions in this Agreement, as they may be modified by Licensor from time to time, Licensor grants Licensee a nonexclusive, nontransferable, non-sublicenseable right and license to use the Software and any materials relating thereto (the Documentation) without modification (License).
1.2 Permissible Use. Licensee agrees to use the Software and Documentation for informational purposes only.
1.3 Prohibited Use. Licensee may not use the Software except as expressly permitted by this Agreement. Licensee may not: (i) copy or reproduce any part of the Software; (ii) sell, sublicense, copy, lend, lease, rent, transfer or otherwise make any part of the Software available to any third party; (iii) decompile, reverse-engineer or disassemble the Software or otherwise attempt to obtain the source code of the Software or discover the trade secrets of the Software; (iv) otherwise circumvent any technological measure that controls access to the Software; (v) alter, translate, adapt or modify the Software in any way; (vi) remove or alter the copyright or trademark notices on the Software. or (vii) permit any third party to engage in any of the foregoing prohibited acts.
1.5 Prohibition On Entering Certain Information. Licensee may not use the software to enter any of the following information with respect to any individual other than Licensee (Identifying Information): (i) name; (ii) social security number or other identification number; (iii) residential address or mailing address; (iv) birthdate; (v) date of death; (vi) age; (vii) date of admission or discharge from a medical facility; (viii) telephone or fax number; (ix) email address; (x) medical record number; health plan beneficiary number or other health plan account number; (xi) certificate/license numbers; (xii) vehicle identifier, serial number or license plate number; (xiii) device identifiers and serial numbers; (xiv) Internet Protocol (IP) address numbers and Universal Resource Locators (URLs); (xv) biometric identifiers, including finger and voice prints; (xvi) full face photographic images or any comparable images; (xvii) any other unique identifying number, code or characteristic, or (xviii) any information prohibited under federal, state or local law from being possessed, utilized, transferred or disclosed by Licensee, transmitted to or received by Licensor, disclosed to Licensor or disclosed by Licensor to any other person, including, but not limited to information which is required to be kept confidential under Section 6 of the Housing Act of 1937, the Privacy Act of 1974, 5 U.S.C. §552a (Privacy Act), The Freedom of Information Act (FOIA), 5 U.S.C. § 552, Section 208 of The E-Government Act, Housing and Community Development Act of 1987, 42 U.S.C. §1437d(q)(4), 42 U.S.C. § 1437d (t)(2), 42 U.S.C. § 3543, and the Stewart B. McKinney Homeless Assistance Act of 1988, 42 U.S.C. § 3544. Licensee bears sole responsibility for any Identifying Information entered into or by means of the Software that results in any information being considered Protected Health Information (PHI) under the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”) or the regulations thereunder or considered Personally Identifiable Information (PII) as Defined in OMB M-07-16.
2.1 Scope. The term Confidential Information means all trade secrets, know-how, software and other financial, business or technical information of Licensor that is disclosed by or for Licensor in relation to this Agreement, but not including any information Licensee can demonstrate is (a) rightfully furnished to it without restriction by a third party without breach of any obligation to the Licensor, or (b) generally available to the public without breach of this Agreement. All Software and Documentation is Confidential Information.
2.2 Confidentiality. Except for the specific rights granted by this Agreement, Licensee shall not possess, use, transfer or disclose to any person any Confidential Information without Licensor's prior written consent, and shall use reasonable care to protect the Confidential Information. Licensee shall not use any Confidential Information to create any software or documentation that is similar to any Software or Documentation. Licensee shall be responsible for any breach of confidentiality.
3.1 Intellectual Property. Exclusive of User-entered data, the Software, any Updates and any Documentation are copyrighted works of Licensor, and all systems and future modifications are wholly-owned by Licensor. At all times, Licensor shall have title to the Software and all materials related to the Software, all enhancements, modifications, and new versions of the Software, and all copies of the Software or any portions of the Software. Licensor’s title shall include, but not be limited to, all copyright, trademark, other intellectual property rights, or other rights in the Software.
3.2 No Implied License. Except for the limited rights and License expressly granted hereunder, no other license is granted, no other use is permitted and Licensor shall retain all right, title and interest in and to the Software and Documentation (and all patent rights, copyright, trade secret rights and all other intellectual property and proprietary rights embodied therein).
3.3 No Modifications. Licensee cannot modify the Software or any portions of the Software. Nevertheless, any modifications done to the Software or any portions of the Software are done for Licensor as “works for hire,” as defined by the Copyright Laws of the United States. Licensee understands that all rights in those modifications shall belong to Licensor.
THE SOFTWARE IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. LICENSOR DOES NOT WARRANT THAT THE SOFTWARE WILL MEET LICENSEE'S REQUIREMENTS, THAT IT WILL BE ERROR-FREE OR THAT ITS USE WILL BE UNINTERRUPTED. ERRORS OR INTERRUPTIONS IN SERVICE OR OPERATION MAY OCCUR, AND LICENSOR DISCLAIMS ALL LIABILILTY ARISING THEREFROM. TO THE FULLEST EXTENT PERMITTED BY LAW, LICENSOR HEREBY DISCLAIMS ALL OTHER WARRANTIES, WHETHER EXPRESS OR IMPLIED, ORAL OR WRITTEN, WHETHER MADE BY LICENSOR OR BY ANY OTHER PERSON, WITH RESPECT TO THE SOFTWARE INCLUDING, WITHOUT LIMITATION, ALL IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, QUIET ENJOYMENT, INTEGRATION, MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE AND ALL WARRANTIES ARISING FROM ANY COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE.
LICENSEE ACKNOWLEDGES THAT USE OF THE SOFTWARE IS AT LICENSEE’S OWN RISK. IN NO EVENT SHALL LICENSOR BE LIABLE CONCERNING THE SUBJECT MATTER OF THIS AGREEMENT, REGARDLESS OF THE FORM OF ANY CLAIM OR ACTION (WHETHER IN CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE), FOR ANY (A) MATTER BEYOND LICENSOR’S REASONABLE CONTROL; (B) LOSS OR INACCURACY OF DATA OR CALCULATIONS, LOSS OR INTERRUPTION OF USE, OR COST OF PROCURING SUBSTITUTE TECHNOLOGY, GOODS OR SUPPORT SERVICES; (C) LOSS OF OR DAMAGE TO ANY COMPUTER, MOBILE DEVICE OR OTHER HARDWARE OR TO ANY OTHER SOFTWARE AS A RESULT OF USING THE SOFTWARE; (D) INDIRECT, PUNITIVE, INCIDENTAL, RELIANCE, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES INCLUDING, BUT NOT LIMITED TO, LOSS OF BUSINESS, REVENUES, PROFITS OR GOODWILL; OR (E) AGGREGATE DAMAGES, IN EXCESS OF THE AMOUNT PAID TO LICENSOR FOR THE SOFTWARE THAT GAVE RISE TO THE CLAIM DURING THE PRIOR 12-MONTH PERIOD, EVEN IF LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THESE LIMITATIONS ARE INDEPENDENT FROM ALL OTHER PROVISIONS OF THIS AGREEMENT AND SHALL APPLY NOTWITHSTANDING THE FAILURE OF ANY REMEDY PROVIDED HEREIN.
Licensee agrees to indemnify, defend and hold harmless Licensor, the authors, publishers and anyone involved with the creation, production or distribution of the Software, including their affiliates, managers, directors, officers, employees, representatives, agents, successors and permitted assigns (Indemnitees) from and against any claim, suit, demand, loss, damage, expense, cost or liability (including reasonable attorneys’ fees and costs) arising out of or relating to: (i) any allegation or claim that the use of the Software, or any information or calculation contained in or derived from the Software, caused or contributed to any injury to or loss suffered by any person, unless the allegation or claim is determined by a court of competent jurisdiction to be the result of the gross negligence or willful misconduct of the Indemnitee; (ii) Licensee’s use of the Software, the License or this Agreement; or (iii) Licensee’s violation of any of the Terms and Conditions of this Agreement.
7.2 Termination. This Agreement shall automatically terminate, without further action by any party, immediately upon any material breach by Licensee of any material terms of this Agreement.
7.3 Effects of Termination. Upon termination of this Agreement for any reason, the License shall immediately terminate and Licensee shall not attempt to use or access the Software, and all rights, obligations and licenses of the parties hereunder shall cease, except that (a) all obligations that accrued prior to the effective date of termination and any remedies for breach of this Agreement shall survive any termination, and (b) the provisions of Sections 2 (Confidentiality), 3 (Proprietary Rights), 4 (Warranty Disclaimers), 5 (Limitation of Liability), 6 (Indemnification) 8 (General Provisions) and this Section 7 shall also survive.
8.1 Entire Agreement. This Agreement constitutes the entire agreement, and supersedes all prior negotiations, understandings or agreements (oral or written), between the parties about the subject matter of this Agreement. Any representations about the Software or the License that were made by or on behalf of any person other than Licensor, that are in addition to or at variance with the terms of this Agreement, are specifically waived by Licensee. The failure of either party to enforce its rights under this Agreement at any time for any period will not be construed as a waiver of such rights. If any provision of this Agreement is determined to be illegal or unenforceable, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect and enforceable.
8.2 Modifications. Licensor reserves the right, at any time, to update, revise, supplement and otherwise modify this Agreement and to impose new or additional rules, policies, terms, or conditions on the License or Licensee’s use of the Software (Additional Terms).
8.3 Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of New Jersey, without regard to its conflicts of law provisions.
8.4 Remedies. Unless specifically provided otherwise, each right and remedy in this Agreement is in addition to any other right or remedy, at law or in equity. Licensee agrees that, in the event of any breach or threatened breach of Section 4 or 5, Licensor will suffer irreparable damage for which there is no adequate remedy at law. Accordingly, Licensor shall be entitled to injunctive and other equitable remedies to prevent or restrain such breach or threatened breach, without the necessity of posting any bond.
8.5 Notices. Any notice or communication hereunder shall be (a) if to Licensor, in writing and either personally delivered or sent via recognized express delivery courier or certified or registered mail, prepaid and return receipt requested to the address above, or (b) if to Licensee,sent to the email address entered above. All notices shall be in English, effective upon receipt.
8.6 Assignment. This Agreement and the rights and obligations hereunder are personal to Licensee, and may not be assigned or otherwise transferred, in whole or in part, without Licensor's prior written consent. Any attempt to do otherwise shall be void and of no effect. Without Licensee's consent, Licensor may assign this Agreement to any third party. This Agreement shall be binding upon, and inure EULA
8.7 License to the Government. If any user of the Software or Documentation is a department, agency or other entity of the United States Government, the use, duplication, reproduction, modification, release, disclosure or transfer of the Software and Documentation is restricted in accordance with FAR 12.212 for civilian agencies and DFAR 227.7202 for military agencies. The Software is commercial computer software and the Documentation is commercial computer software documentation, and their use is further restricted in accordance with the terms of this Agreement.
8.8 Basis of Bargain. EACH PARTY RECOGNIZES AND AGREES THAT THE WARRANTY DISCLAIMERS AND LIABILITY AND REMEDY LIMITATIONS ARE MATERIAL BARGAINED-FOR BASES OF THIS AGREEMENT AND THAT THEY HAVE BEEN TAKEN INTO ACCOUNT BY EACH PARTY AND REFLECTED IN DETERMINING THE CONSIDERATION TO BE GIVEN BY EACH PARTY HEREUNDER AND IN THE DECISION TO ENTER INTO THIS AGREEMENT.
8.9 Acknowledgment. Licensee acknowledges that (a) it has read and understands this Agreement, (b) this Agreement has the same force and effect as a signed agreement, (c) Licensor requires identification of the Licensee before issuing this License and (d) issuance of this License does not constitute general publication of the Software or any other Confidential Information.
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