Operating Procedure for the Settlement Value Application (APP)
1. Operating instructions
The Application (APP) will start with an End User License Agreement (EULA). After accepting, the EULA will not appear again in follow-on openings. You must accept the EULA in order to use the program. If you do not wish to accept the EULA, simply exit the application.
The first screen will contain (1) the necessary entered data fields, (2) a button to change from three plaintiff outcomes to four or five outcomes, and (3) a button to obtain the proposed settlement value. There must be a numeral value in each field for the APP calculator to work.
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| Figure 1 Three outcomes |
The definitions for the terms in figure 1 are:
Chance of Summary Judgment Granted— the chance in percent that the defendant will be granted Summary Judgment.
Cost for Summary Judgment Granted—the estimated cost by the defendant through the Summary Judgment motion.
Defense Cost—the estimated total cost by the defendant to get through trial.
Chance of Defendant’s Verdict— the chance in percent for the defendant to win the trial.
Outcomes for the Plaintiff-- there are three to five outcomes. Each outcome is identified by a chance in percent and dollar amount associated in winning the case by the Plaintiff. The chances must add up to a value of one hundred percent!.
Additional outcomes for the Plaintiff— to change the activity/screen from 3 outcomes to 4 and 5, respectively.
Press to calculate the settlement value—the estimated settlement value in dollars of the case. This number is based on the probabilities and costs that you entered above.
By clicking on the “additional outcomes for the Plaintiff,” you get four or five outcomes screens, as shown:
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| Figure 2 Four outcomes |
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| Figure 3 Five outcomes |
The first four entries or fields are estimates for the defendant. The rest are entries for the Plaintiff.
The first field is the chance in percent for the Defendant to be granted Summary Judgment.
The second field is the cost that is incurred by the Defendant to and through Summary Judgment.
The third field is the cost by the Defendant to go through a trial.
The fourth field is the chance for the Defendant to win the trial.
After the first four fields, there will be the requirement to enter dollar and chance values to each outcome for the Plaintiff. There are three, (figure 1), four, (figure 2), or five (figure 3) possible outcomes, respectively.
Below the “Possible Outcomes for the Plaintiff,” there is the button to change from the three plaintiff outcomes to four or five outcomes.
The last button is to obtain the settlement value in dollars.
An example with entries is shown with figure 4. Chance of Summary Judgment Granted is 30 %. Cost through Summary Judgment is $45,000 and the Defense Cost is $150,000 to go through trial. Chance of Defendant's Verdict is 30 %. Outcomes for the Plaintiff is a 10% chance of winning $100,000, 20% chance of winning $200,000, 30 % chance of winning $300,000, 20 % chance of winning $400,000, and 20% chance of winning $500,000, respectively. For this case, we have the result of the settlement value to be $201,800.
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| Figure 4 Settlement Value example |
When using the soft keyboard (i.e., the keyboard shown on the screen after clicking on one the data fields) in the portrait mode, the keyboard may cover some of the data fields. In that case, continue to click on the Next button to see the desired field. In the landscape mode, the keyboard will cover the screen totally. Then, you will have to use the Next button more often.
2. End User License Agreement (EULA)
IMPORTANT! READ THIS SOFTWARE LICENSE AGREEMENT CAREFULLY. YOU WILL BE BOUND BY THE TERMS OF THIS AGREEMENT. This end user license agreement (“Agreement”) is a legal contract between YOU (either an individual or a business entity) and AppWare Plus LLC for the Inventory Control product (“SOFTWARE PRODUCT”). The enclosed software is licensed only on the condition that the licensee (“YOU” or “YOUR”) agrees with AppWare Plus LLC to the terms and conditions set forth in the following legal agreement.
BY INSTALLING, COPYING OR OTHERWISE USING THE SOFTWARE PRODUCT, YOU AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT, INCLUDING THE WARRANTY DISCLAIMERS, LIMITATIONS OF LIABILITY, AND TERMINATION PROVISIONS BELOW.
IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, DO NOT INSTALL OR USE THE SOFTWARE APPLICATION.
1. License Grant. Upon acceptance of this AGREEMENT AppWare Plus LLC will grant YOU for YOUR own personal and individual use a nontransferable, nonexclusive license to use the SOFTWARE PRODUCT and any accompanying documentation.
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(b) This Agreement shall be governed by and construed in accordance with the laws of the State of New Jersey. Any suit brought with respect to this Agreement may be brought ONLY in the State of New Jersey, and must be filed no later than one (1) year after the acquisition date of the SOFTWARE PRODUCT.
(c) This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof, and all prior agreements, representations, statements and undertakings are hereby expressly cancelled.
