TERMS OF SERVICE
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NOTICE TO PURCHASER OR USER OF LICENSED APPLICATION
THIS IS A LEGAL AGREEMENT BETWEEN YOU AND MEDICAL WIZARDS CORPORATION (“MWC”) STATING THE TERMS THAT GOVERN YOUR USE OF THE LICENSED APPLICATION THAT IS THE SUBJECT OF THIS LICENSE (THE “LICENSED APPLICATION’). THIS AGREEMENT, TOGETHER WITH ALL UPDATES, ADDITIONAL TERMS, SOFTWARE LICENSES, AND ALL OF MWC’s RULES AND POLICIES, COLLECTIVELY CONSTITUTE THE “AGREEMENT” BETWEEN YOU AND MWC. BY USING THE LICENSED APPLICATION YOU ARE AGREEING TO THESE TERMS. IF YOU DO AGREE TO THESE TERMS IMMEDIATELY UNINSTALL THE APPLICATION. YOU MUST ACCEPT AND ABIDE BY THESE TERMS AS PRESENTED TO YOU. CHANGES, ADDITIONS, OR DELETIONS ARE NOT ACCEPTABLE, AND MWC MAY REFUSE ACCESS TO THE LICENSED APPLICATION FOR NONCOMPLIANCE WITH ANY PART OF THIS AGREEMENT.
The Licensed Application is licensed, not sold, to you for use only under the terms of this license, unless accompanied by a separate license agreement, in which case the terms of that separate license agreement will govern, subject to your prior acceptance of that separate license agreement. The licensor (MWC) reserves all rights not expressly granted to you.
1. Grant of License. MWC as Licensor, grants to you, a non-exclusive, non-transferable license to use, on a single computing device, the Licensed Application. You may not rent, lease, or otherwise transfer the Licensed Application or this License, and any attempt to otherwise sublicense, rent, lease or transfer any of your rights under this License Agreement is null and void.
2. Copy Restrictions and Permitted Use. The Licensed Application is the property of MWC and is protected by copyright laws. Title to the Licensed Application, or any copy or modification of the Licensed Application or any part thereof shall at all times remain with MWC. The internal aspects and components of the Licensed Application are trade secrets of MWC. You may copy the Licensed Application only as necessary to use it on a single computing device as permitted by this License Agreement and for back-up purposes. You will not modify, adapt, translate, reverse engineer, decompile, disassemble, or create derivative works based upon the Licensed Application. Any attempt to do so is a violation of the rights of MWC and its licensors, Any breach of this restriction may be subject to prosecution and damages.
3. Services; Third Party Materials. The Licensed Application may enable access to MWC’s and third party services and web sites (collectively and individually, “Services”). Use of the Services may require Internet access and that you accept additional terms of service.
Certain Services may display, include or make available content, data, information, applications or materials from third parties (“Third Party Materials”) or provide links to certain third party websites. By using the Services, you acknowledge and agree that MWC is not responsible for examining or evaluating the content, accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect of such Third Party Materials or web sites. MWC does not warrant or endorse and does not assume and will not have any liability or responsibility to you or any other person for any Services, Third Party Materials or web sites, or for any materials products, or services of third parties. Third Party Materials and links to other web sites are provided solely as a convenience to you.
You agree that Services many contain proprietary content, information and material that is protected by applicable intellectual property and other laws, including but not limited to copyright, and that you will not use such proprietary content, information, or materials in any way whatsoever except for permitted use of the Services. No portion of the Service may be reproduced in any form or by any means.
4. NO WARRANTY
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE LICENSED APPLICATION IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE LICENSED APPLICATION AND ANY SERVICES PERFORMED OR PROVIDED BY THE LICENSED APPLICATION (“SERVICES”) ARE PROVIDED “AS IS” AND “AS AVAILABLE”, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND MWC DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE LICENSED APPLICATION AND ANY SERVICES, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. MWC DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE LICENSED APPLICATION, THAT THE FUNCTIONS CONTAINED IN, OR SERVICES PERFORMED OR PROVIDED BY, THE LICENSED APPLICATION OR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE LICENSED APPLICATION OR SERVICES WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY MWC OR ITS AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SHOULD THE LICENSED APPLICATION OR SERVICES PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU.
5. LIMITATION OF LIABILITY.
TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL MWC BE LIABLE FOR PERSONAL INJURY, OR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE LICENSED APPLICATION, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE) AND EVEN IF MWC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. In no event, shall MWC’s total liability to you for all damages (other than as may be required by applicable law in cases involving personal injury) exceed the amount of fifty dollars ($50.00). The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.
6. INDEMNIFICATION
MWC MAKES NO GUARANTEES OR WARRANTIES AS TO THE CONTENT, ACCURACY, COMPLETENESS, CURRENTNESS, OR RESULTS TO BE OBTAINED FROM USING THE LICENSED APPLICATION. AS NEW SCIENTIFIC INFORMATION BECOMES AVAILABLE THROUGH BASIC AND CLINICAL RESEARCH, RECOMMENDED TREATMENTS AND DRUG THERAPIES UNDERGO CHANGES. ANY PRACTICE DESCRIBED IN THE LICENSED APPLICATION SHOULD BE APPLIED IN ACCORDANCE WITH PROFESSIONAL STANDARDS OF CARE USED IN REGARD TO THE UNIQUE CIRCUMSTANCES THAT MAY APPLY IN EACH SITUATION.
INFORMATION (PACKAGE INSERTS) SHOULD ALWAYS BE CHECKED FOR CHANGES AND NEW INFORMATION REGARDING DOSE AND CONTRAINDICATIONS BEFORE ADMINISTERING ANY DRUG. CAUTION IS ESPECIALLY URGED WHEN USING NEW OR INFREQUENTLY ORDERED DRUGS.
YOU AGREE TO INDEMNIFY AND HOLD HARMLESS MWC FOR ANY CLAIMS OF INJURY OR DEATH OF A THIRD PARTY RESULTING FROM YOUR USE OF THE LICENSED APPLICATION.
7. Duties and Acknowledgment of Licensee.
(a) YOU SHOULD NOT SUBSTITUTE INFORMATION CONTAINED IN THE LICENSED APPLICATION FOR YOUR OWN INDEPENDENT JUDGMENT.
(b) You agree to read and follow all instructions for installation and operation of the Licensed Application.
8. U.S. Government Restricted Rights. The Licensed Application is provided with RESTRICTED RIGHTS. Use, duplication or disclosure by the Government is subject to restrictions as set forth in FAR 52.227-19(c)(2) (May 1987) when applicable or the applicable provisions of the DOD FAR supplement 252.227-7013 subdivision (a)(15) (April 1988) or subdivision (a)(17) (April 1988). Contractor/manufacturer is MWC.
9. Licensed Application Updates. The price of the Licensed Application includes the purchased version only. Further updates to the Licensed Application may be offered for an additional fee to registered users. MWC reserves the right, at its sole discretion, to stop producing or revise pricing of updates.
10. Export Law. You may not use or otherwise export or re-export the Licensed Application except as authorized by United States law and the laws of the jurisdiction in which the Licensed Application was obtained. In particular, but without limitation, the Licensed Application may not be exported or re-exported (a) into any U.S. embargoed countries or (b) to anyone on the U.S. Treasury Department’s list of Specially Designation Nationals or the U.S. Department of Commerce Denied Person’s List or Entity List. By using the Licensed Application, You represent and warrant that you are not located in any such country or on any such list. You also agree that you will not use these products for any purposes prohibited by United States law.
11. General.
(a) Complete Agreement. This License Agreement is the complete and exclusive statement of the agreement between you and MWC.
(b) Termination. The license is effective until terminated. You may terminate it at any time by destroying this program together with all copies. It will also terminate if you fail to comply with any term or condition of this agreement, or if you fail to pay the appropriate license fee(s). You agree on termination to destroy this program together with all copies.
(c) Choice of Law. This License Agreement and the respective rights, duties, obligations and liabilities of you and MWC will be governed by the laws of the United States of America and of the State of Washington.
(d) Arbitration and Choice of Forum and Venue. Any dispute, controversy or claim arising out of or relating to this Agreement shall be settled by arbitration in King County, Washington, by a single arbitrator in accordance with the American Arbitration Association ("AAA") rules. The arbitrator shall be empowered to award only those damages which are permitted in this Agreement, subject to any disclaimers of damages and liability limits set forth herein. The award rendered by the arbitrator shall include costs of the arbitration and reasonable costs for experts and other witnesses. Nothing in the Agreement shall be deemed as preventing either party from seeking provisional relief from any court of competent jurisdiction, in order to protect that party's name or proprietary rights. The award of the arbitrator shall be final and binding upon the parties without appeal or review except as permitted by Washington law.
(e) Waiver. The failure of either party to require performance by the other party of any provision hereof shall not affect the full right to require such performance at any time thereafter; nor shall the waiver by either party of a breach of any provision hereof be taken or held to be a waiver of the provision itself.
(f) Severability. If any part of this Agreement is for any reason found to be unenforceable, all other parts nevertheless remain enforceable as long as a party's rights under this Agreement are not materially affected. In lieu of the unenforceable provision, the parties will substitute or add as part of this Agreement a provision that will be as similar as possible in economic and business objectives as was intended by the unenforceable provision.
12. Contact. You must direct any questions, complaints or claims with respect to the Licensed Application to Medical Wizards Corporation, 18047 NE 68th Street, #B135, Redmond, Washington, 98052.
13. Privacy Policy. We value your privacy and are dedicated to protecting your information and providing you with notice about our information collection and use. You may choose to register the installed copy of the Licensed Application with MWC by means provided in the Licensed Application. By voluntarily registering the Licensed Application, you agree to the following privacy policy.
(a) Collection and Use of Data: MWC may collect data regarding your use of the Licensed Application including, but not limited to, technical information about your device, system and application software, usage patterns, and other related information, that is gathered periodically to facilitate the provision of software updates, product support and development and other services related to the Licensed Application. During the use of the Licensed Application, you may have the option to provide additional information to enable ancillary services and choose to do so at your own discretion.
(b) Information Sharing and Third Party Service Providers: MWC maintains a variety of security measures to provide safety and confidentiality of your information. We do not sell, trade, or otherwise transfer to outside parties any information you provide. This does not include trusted third parties who assist us in conducting our business, or servicing you, so long as those parties agree to keep this information confidential. We may also release your information when we believe release is appropriate to comply with the law, enforce our policies, or protect our or others’ rights, property, or safety.
(c) Links: The Licensed Application may include links to other applications or sites. This Privacy Policy applies to the Licensed Application only. Any information you submit to linked sites or other applications will be subject to the privacy policies of those sites or applications. You should review those policies carefully before providing any information to these linked sites or applications.
(d) Security: MWC undertakes reasonable steps to protect data from unauthorized or accidental access, disclosure, misuse or processing, or from alteration, destruction, or loss. Data that we collect is accessible only to personnel who, by virtue of their duties, are required to have access and have been trained in, and tasked with, the observance of the principles embodies in this Privacy Policy.
(e) Changes to Privacy Policy: Should we decide to change this Privacy Policy, we will update it with the release or update of the Licensed Application so that you will always know what information we gather, how we might use it, and whether we will disclose it to anyone.
Revised September 4, 2013