vClinic - The Mobile Health Co 1.7

EULA - End User License Agreement

Definition: Application and System (including Websites) refers to any Software, System, Service or Process developed, created, maintained, hosted or managed by Wirefile Systems.

Definition: Software refers to any Wirefile (t/a V-Clinic Interactive Health) program. Wirefile programs include any Wirefile V-Clinic application or any other V-Clinic program.

1. Applicability of Materials Provided.
The health-related materials provided on this Application and System (including Websites), (the "Health Materials") are to be used for informational purposes only. The Health Materials are NOT to be used as a substitute for seeking professional medical diagnosis, treatment and care. The applicability of any of the Health Materials may vary depending on your actual medical condition or that of a third party.

2. NO DOCTOR-PATIENT RELATIONSHIP CREATED.
NEITHER YOU NOR ANY OTHER PARTY HAS BECOME A PATIENT OF ANY INDIVIDUAL OR ENTITY PROVIDING HEALTH MATERIALS BY MEANS OF THIS APPLICATION AND SYSTEM (INCLUDING WEBSITES). YOU OR SUCH OTHER PARTY MUST CONSULT A HEALTH CARE PROFESSIONAL FOR A COMPLETE DIAGNOSIS, TREATMENT AND/OR CARE.

3. NO WARRANTY OR LIABILITY.
WIREFILE SYSTEMS ENTITIES EXPLICITLY DISCLAIM AND EXCLUDE ALL WARRANTIES REGARDING THE HEALTH MATERIALS. NO WARRANTY OR REPRESENTATION IS MADE AS TO THE CURRENCY, ACCURACY, OR COMPLETENESS OF THE HEALTH MATERIALS. USERS OF THIS APPLICATION AND SYSTEM (INCLUDING WEBSITES) ASSUME ALL RISKS ASSOCIATED WITH THE USE OF THE HEALTH MATERIALS, AND WIREFILE SYSTEMS ENTITIES SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ASSOCIATED WITH SUCH USE, EVEN IF SUCH PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. USERS OF THIS APPLICATION AND SYSTEM (INCLUDING WEBSITES) ASSUME ALL RISKS ASSOCIATED WITH THE USE OF THIS APPLICATION AND SYSTEM (INCLUDING WEBSITE). WIREFILE SYSTEMS ENTITIES SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ASSOCIATED WITH DISRUPTION TO THE APPLICATION OR SYSTEM (INCLUDING WEBSITES) CAUSED BY ANY EVENT SUCH AS, BUT NOT EXCLUSIVELY, NETWORK FAILURE, APPLICATION OR SYSTEM ERROR, POWER OUTAGE OR HUMAN ERROR..

4. No Endorsement.
Any products referred to herein are given for informational purposes only and not by way of endorsement, recommendation, or approval by the Company.

5. INTELLECTUAL PROPERTY RIGHTS.
USERS of this Application and System (including websites) acknowledge that it obtains no right title or interest in any Intellectual Property Right in the Application and System (including websites) or any part thereof or in the Software, Databases, or any documentation, print-out, service or process by virtue of this Agreement. Intellectual Property Rights subsist in the Software. The Software was created and developed by the owners of the copyright in the Software as displayed on the screen. The copyright owners retain title and ownership of the original and all copies of the Software regardless of the form or media in or on which the original or other copies may exist. The following license gives you limited license to use the Software. Wirefile Systems and its suppliers retain all right, title and interest, including all copyright and intellectual property rights, in and to, the Software and all copies thereof. All rights not specifically granted in this EULA, including International Copyrights, are reserved by Wirefile Systems and its suppliers.

6. License
IMPORTANT: THIS END USER LICENSE AGREEMENT ("EULA") IS A LEGAL AGREEMENT BETWEEN YOU (EITHER AN INDIVIDUAL OR, IF PURCHASED OR OTHERWISE ACQUIRED BY OR FOR AN ENTITY, AN ENTITY) AND WIREFILE. READ IT CAREFULLY BEFORE COMPLETING THE INSTALLATION PROCESS AND USING THE APPLICATION AND SYSTEM (INCLUDING WEBSITES). IT PROVIDES A LICENSE TO USE THE APPLICATION AND SYSTEM (INCLUDING WEBSITES). BY SELECTING THE I AGREE BUTTON AND/OR USING THE APPLICATION AND SYSTEM (INCLUDING WEBSITES), YOU ARE CONFIRMING YOUR ACCEPTANCE OF THE APPLICATION AND SYSTEM (INCLUDING WEBSITES) AND AGREEING TO BECOME BOUND BY THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS, THEN DO NOT INSTALL OR USE THE THE APPLICATION AND SYSTEM (INCLUDING WEBSITES).

6.1 License Grants

a. A license for the Application and System (including websites) may not be shared, installed or used concurrently on different computers.
b. You agree that Wirefile may audit your use of the Application and System (including websites) for compliance with these terms at any time, upon reasonable notice. In the event that such audit reveals any use of the Application and System (including websites) by you other than in full compliance with the terms of this Agreement, you shall reimburse Wirefile for all reasonable expenses related to such audit in addition to any other liabilities you may incur as a result of such non-compliance.
c. Your license rights under this EULA are non-exclusive. Certain rights are not granted under this Agreement, but may be available under a separate agreement. If you would like to enter into a distribution agreement or learn of other licensing strategies, please contact info@wirefile.com

6.2 License Restrictions

d. You may not alter, merge, modify, adapt or translate the Application and System (including websites), or decompile, reverse engineer, disassemble, or otherwise reduce the Application and System (including websites) to a human-perceivable form.
e. You may not sell, rent, lease, or sublicense the Application and System (including websites).
f. You may not modify the Application and System (including websites) or create derivative works based upon the Application and System (including websites).
g. In the event that you fail to comply with this EULA, Wirefile may terminate the license and you must destroy all copies of the Application and System (including websites) (with all other rights of both parties and all other provisions of this EULA surviving any such termination).
h. You shall not use the Application and System (including websites) to develop any Application and System (including websites) or other technology having the same primary function as the Application and System (including websites), including but not limited to using the Application and System (including websites) in any development or test procedure that seeks to develop like Application and System (including websites) or other technology, or to determine if such Application and System (including websites)or other technology performs in a similar manner as the Application and System (including websites).

7. Consumer End Users Only
The limitations or exclusions of warranties and liability contained in this EULA do not affect or prejudice the statutory rights of a consumer, i.e., a person acquiring goods otherwise than in the course of a business.

The limitations or exclusions of warranties, remedies or liability contained in this EULA shall apply to you only to the extent such limitations or exclusions are permitted under the laws of the jurisdiction where you are located.

8. Indemnity
You agree to indemnify, defend and hold harmless us, our officers, directors, employees, agents, licensors, suppliers and any third party information providers or other representatives against any and all claims, demands, losses, expenses, damages and costs, including legal costs, however arising and resulting from any violation or breach by you of this EULA or any claims made by or liabilities to any third party resulting from your use or misuse of the Application and System (including websites) or of the Health Materials, including but not limited to infringing any partys rights, or otherwise arising out of your breach of this EULA.