This End-User License Agreement is a legal agreement between you (either individual or single entity) and CalHealth, Inc. for the MDMouse software. YOU AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT BY INSTALLING OR COPYING OR USING THE SOFTWARE. IF YOU DO NOT AGREE, DO NOT INSTALL, COPY OR USE THE SOFTWARE; YOU MAY RETURN IT TO YOUR PLACE OF PURCHASE FOR A FULL REFUND, IF APPLICABLE.
1. GRANT OF LICENSE: CalHealth, Inc. grants you the following rights provided that you comply with all terms and conditions of this Agreement.
1.1 Installation and use. You may install and use a copy of the Software on one personal computer or other device with which you connect and use an MDMouse blood pressure monitoring device.
1.2 License Grant for Remote Desktop. You may use remote access technologies, such as the Remote Desktop features to access and use your licensed copy of the Software, provided that only the primary user of the device hosting the remote desktop session accesses and uses the Software with a remote access device. These remote desktop rights do not permit you to use the Software on both the device hosting the remote desktop session and the access device at the same time.
1.3 License Grant for Remote Assistance. You may permit any device to access and use your licensed copy of the Software for the sole purpose of providing you with technical support and maintenance services.
1.4 License Grant for Documentation. The documentation that accompanies the Software is licensed for internal, non-commercial reference purposes only.
1.5 The rights granted herein are solely for use with an MDMouse blood pressure monitoring device.
2. DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS
2.1 Mandatory Activation. There are technological measures in this software that are designed to prevent unlicensed use of the Software. You may not be able to exercise your rights to the Software after a finite number of product launches unless you activate your copy of the Software in the manner described during the launch sequence. You may also need to reactivate the Software if you modify your computer hardware or alter the Software. CalHealth will use those measures to confirm you have a legally licensed copy of the Software. If you are not using a licensed copy of the Software, you are not allowed to install the Software or future Software updates. CalHealth will not collect any personally identifiable information from your device during this process.
2.2 Internet-Based Services. You may not use any CalHealth Internet-based services associated with the Software in any manner that could damage, disable, overburden, or impair such services or interfere with any other party’s use and enjoyment of them. You may not attempt to gain unauthorized access to any service, account, computer systems or networks associated with the Internet-based services.
3. RESERVATION OF RIGHTS AND OWNERSHIP. CalHealth reserves all rights not expressly granted to you herein. The Software is protected by copyright and other intellectual property laws and treaties. CalHealth or its suppliers own the title, copyright, and other intellectual property rights in the Software. The Software is licensed, not sold. This Agreement does not grant you any rights to trademarks or services marks of CalHealth.
4. LIMITATIONS ON REVERSE ENGINEERING, DECOMPILATION, AND DISASSEMBLY. You may not reverse engineer, decompile, or disassemble the Software, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation.
5. NO RENTAL/COMMERCIAL HOSTING. You may not rent, lease, lend or provide commercial hosting services with the Software.
6. LINKS TO THIRD PARTY SITES. CalHealth is not responsible for the contents of any third-party sites or services, any links contained in third-party sites or services, or any changes or updates to third-party sites or services. CalHealth is providing these links and access to third-party sites and services to you only as a convenience, and the inclusion of any link or access does not imply an endorsement by CalHealth of the third-party site or service.
7. ADDITIONAL SOFTWARE/SERVICES. This Agreement applies to updates, supplements, add-on components, or Internet-based services components, of the Software that CalHealth may provide to you or make available to you after the date you obtain your initial copy of the Software, unless they are accompanied by separate terms. CalHealth reserves the right to discontinue Internet-based services provided to you or made available to you through the use of the Software.
8. UPGRADES. To use Software identified as an upgrade, you must first be licensed for the software identified as eligible for the upgrade. After installing the upgrade, you may no longer use the original software that formed the basis for your upgrade eligibility, except as part of the upgraded Software.
9. EXPORT RESTRICTIONS. You acknowledge that the Software is subject to U.S. export jurisdiction. You agree to comply with all applicable international and national laws that apply to the Software, including the U.S. Export Administration Regulations, as well as end-use, and destination restrictions issued by U.S. and other governments.
10. SEPARATION OF COMPONENTS. The Software is licensed as a single component of an MDMouse blood pressure monitoring system. Its component parts may not be separated for use on more than one device.
12. SOFTWARE TRANSFER. Internal. You may transfer your copy of the Software to a different device. After the transfer, you must completely remove the Software from the former device. Transfer to Third Party. If you are the person who initially licensed the Software, you may make a one-time permanent transfer of this Software and Certificate of Authenticity (if applicable) to another end user, provided that you do not retain any copies of the Software. This transfer must include all of the Software (including all component parts, the media and printed materials, any upgrades and, if applicable, the Certificate of Authenticity). The transfer may not be an indirect transfer, such as a consignment. Prior to the transfer, the end user receiving the Software must agree to all the terms of this Agreement.
13. TERMINATION. Without prejudice to any other rights, CalHealth may terminate this Agreement if you fail to comply with the terms and conditions of this Agreement. In such event, you must destroy all copies of the Software and all of its component parts.
14. LIMITED WARRANTY FOR SOFTWARE ACQUIRED IN THE US. CalHealth warrants that the Software will perform substantially in accordance with the accompanying materials for a period of ninety (90) days from the date of receipt. If an implied warranty or condition is created by your state/jurisdiction and federal or state/provincial law prohibits disclaimer of it, you also have an implied warranty or condition, but only as to defects discovered during the period of this limited warranty (ninety days). As to any defects discovered after the ninety day period, there is no warranty or condition of any kind. Some states/jurisdictions do not allow limitations on how long an implied warranty or condition lasts, so the above limitation may not apply to you.
Any supplements or updates of the Software, including without limitation, any updates provided to you after the expiration of the ninety day Limited Warranty period are not covered by any warranty or condition, express, implied or statutory.
15. Exclusion of incidental, consequential and certain other damages. To the maximum extent permitted by applicable law, in no event shall CalHealth or its suppliers be liable for any special, incidental, punitive, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss or profits or confidential or other information, for business interruption, for personal injury, for loss of privacy, for failure to meet any duty including or good faith or of reasonable care, for negligence, and for any other pecuniary or other loss whatsoever) arising out of or in any way related to the use of or inability to use the Software, the provision of or failure to provide support or other services, information, software, and related content through the software or otherwise arising out of the use of the software, or otherwise under or in connection with any provision. Even in the event of the fault, tort (including negligence), misrepresentation, strict liability, breach of contract or breach of warranty of CalHealth or any supplier, and even if CalHealth or any supplier has been advised of the possibility of such damages.
16. LIMITATION OF LIABILITY AND REMEDIES. Notwithstanding any damages that you might incur for any reason whatsoever (including, without limitation, all damages referenced herein and all direct or general damages in contract or anything else), the entire liability of CalHealth and any of its suppliers under any provision of this Agreement and your exclusive remedy hereunder (except for any remedy of repair or replacement elected by CalHealth) with reasonable reliance on the Software up to the amount actually paid by you for the Software or U.S. $5.00. The foregoing limitations, exclusions and disclaimers shall apply to the maximum extent permitted by applicable law, even if any remedy fails its essential purpose.
17. APPLICABLE LAW. If you acquired this Software in the United States, this Agreement is governed by the laws of the State of California. If you acquired this Software in any other country, then local law may apply.
18. ENTIRE AGREEMENT; SEVERABILITY. This Agreement (including any addendum or amendment which is included with the Software) is the entire agreement between you and CalHealth relating to the Software and the support services (if any) and they supersede all prior or contemporaneous oral or written communications, proposals and representations with respect to the Software or any other subject matter covered by this Agreement. If any provision of this Agreement is held to be void, invalid, unenforceable or illegal, the other provisions shall continue in full force and effect.