SafeDose, Inc. hereby grants a one time non-exclusive license for the User to install the Application (known as “SafeDose”) on a single device that the User controls. User must be a licensed, competent medical professional or a medical trainee in supervised training in a relevant field. In no circumstances should the information in this app override the professional medical judgment or traditional reference materials of the User regarding dosing, diagnosis, or any other treatment. This application must not be considered complete or comprehensive due to possible errors in the database or in the relationships of clinical findings to disease entities. User hereby assumes complete responsibility for ensuring the proper use of the Application.
The content in the Application is copyrighted material. User shall not (i) reproduce the Application in any way; (ii) modify the content or appearance of the Application; (iii) reverse engineer any part of the Application; or (iv) use the Application for commercial use.
The license granted by these terms and conditions will become effective upon installation of the Application. SafeDose may terminate the license granted hereby for any reason with 30 days notice to the User. In the event of such termination, User shall immediately uninstall and delete all copies of the Application.
3.0. DISCLAIMER OF WARRANTIES AND LIABILITIES
3.1 EXCEPT AS SPECIFICALLY PROVIDED HEREIN, THE APPLICATION IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EXPRESSED OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, ACCURACY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, OMISSIONS, COMPLETENESS, CURRENTNESS AND DELAYS. SAFEDOSE, INC. DOES NOT GUARANTEE PROBLEM-FREE OR UNINTERRUPTED ACCESS TO THE APPLICATION. SAFEDOSE INC. WILLL IN NO EVENT BE LIABLE FOR DIRECT, INDIRECT, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES. IN NO EVENT SHALL SAFEDOSE INC.’S AGGREGATE LIABILITY HEREUNDER, WHETHERE ARISING IN CONTRACT, TORT, STRICT LIBAILITY OR OTHERWISE, EXCEED THE AMOUNT OF ANY FEES PAID BY THE USER FOR THE LICENSE OF THE APPLICATION.
User warrants and represents to SafeDose, Inc. that User’s use of the Application is not for any injurious or illegal purpose or purposes and that the User will not use the Application in violation of any regulation or law. User agrees to indemnify and hold harmless SafeDose, Inc. and its third-party licensors from and against any loss, claim, demand, expense (including attorney’s fees) or liability of whatever nature or kind arising out of User’s use of the Application.
5.0 Updates and Content Obsolescence
We require that users either update or delete the Application whenever a free update version is released on the pertinent Apple App Store, Android Marketplace, Blackberry App World or pertinent other mobile or PC store. It is the user’s responsibility to keep up with updates. The Application expires one year after download and must be either deleted or replaced with a newly-purchased version.
6.1 SafeDose, Inc. may amend these terms and conditions by giving User 30 days prior written or online notice.
6.2 The Application may not be exported or re-exported in violation of the U.S. Export Administration Act or any other applicable laws, regulations, or rules.
6.3 If any provision of these terms and conditions is invalid, illegal, or unenforceable under any applicable statute or rule of law, the provision shall be deemed omitted to the extent that it is illegal, invalid, or unenforceable. In such a case, the remainder of the terms and conditions shall be construed in a manner as to give greatest effect to the original intention of the parties hereto.
6.4 Choice of Law/Venue.
These terms and conditions shall be interpreted, governed, and construed by and in accordance with the laws of the Commonwealth of Virginia, U.S.A., without regard to its principles governing conflicts of law. The parties agree that the state and federal courts sitting in Virginia shall have exclusive jurisdiction over any claim arising out of or relating to these terms and conditions and User consents to the exclusive jurisdiction of such courts. Application of the United Nations Convention on Contracts for the International Sale of Goods is expressly disclaimed.