End User License Agreement
This End User License Agreement (the Agreement) is a legal agreement between you (either an individual or an entity) and Hope Care, SA (Hope Care) regarding the use of the software entitled “HCAlert”, which may include user documentation provided in “online” or in electronic form (the Software). You agree that this agreement is concluded between you and Hope Care only and not with any other commercial hardware manufacturing company, namely Apple Inc., or any of its affiliates (collectively, hereinafter “Apple”) being Hope Care solely responsible for the content of the Software.
Any software provided along with this Software that is associated with a separate end user license agreement, is licensed to you under the terms and conditions of that separate end-user license agreement.
1. Grant of License.
Hope Care grants you a limited, non-exclusive, personal, revocable, non-sublicensable and non-transferable license to install and use one (1) copy of the specified version of the Software solely for informational and educational (and non-commercial) purposes, subject to the payment of applicable license fees and their compliance with the terms and conditions of this Agreement.
You may install one (1) copy of the Software on any iPhone, iPod Touch or iPad (collectively, hereinafter “Mobile Device”) that you own or control and as permitted by the “Usage Rules” of the Apple “App Store Terms and Conditions” available at www.Apple.com. The Software is licensed, not sold, whereby Hope Care and / or its licensor (s) retain ownership of the Software. All rights not expressly granted under this agreement are reserved by Hope Care. You may not make the Software available over a network where it may be used by multiple computing devices, neither fixed nor mobile at the same time.
2. Ownership and Intellectual Property.
The Software is owned by Hope Care and is protected by copyright laws of Portugal and international treaty provisions. Hope Care owns and retains all rights, title and interest including, patents, trademarks, copyrights, trade secrets and other intellectual property rights in and to the Software, including but not limited to images, photographs, animation, themes, titles, characters, video, audio, music, and text embodied or contained, therein. You may make a copy of the Software solely for backup or archival purposes provided that the copy you make contains all of the Software’s proprietary notices unaltered and unobstructed and whether they refer to Hope Care or its licensors. If this Software contains user documentation which is provided only in “online” or electronic form, you may print one (1) copy of such documentation for backup or archival purposes. You may not copy the printed materials accompanying the Software for purposes other than mentioned herein. Nothing in this Agreement shall be construed as granting you any title and intellectual property rights in and to the Software, except for the limited license mentioned above.
You may not rent, lease, loan or grant a security interest in the Software, but you may transfer your rights under this Agreement permanently, provided you transfer this Agreement, the Software and all accompanying printed materials, retain no copies and the recipient agrees to the terms of this Agreement. You may not reverse-engineer, decompile or disassemble the Software, except to the extent the foregoing restriction is expressly prohibited by applicable law. You may not modify, distribute, copy, adapt, translate or create derivative works based upon the Software and all accompanying materials.
This Agreement is effective for an unlimited duration unless and until terminated in accordance with this section. You may terminate this Agreement at any time by destroying all copies of the Software and all of its components. Without prejudice to any other rights it may have, Hope Care may terminate this Agreement upon written notice if you do not abide with the terms and conditions contained herein, in which case, you must cease immediately all use and destroy all copies of the Software and all of its components. Hope Care may also, at all time, terminate for convenience this Agreement upon written notice to you.
This license is limited to the version of the Software downloaded and does not include subsequent versions, upgrades, updates, modifications or revisions. However, Hope Care may develop, create or issue updates of the Software from time to time. At its sole option, Hope Care may make such updates available to the end-user who has registered with Hope Care and paid any update fees.
Subject to applicable laws, Hope Care, in its sole discretion, may provide maintenance and support services with respect to the Software. You agree, together with Hope Care, that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Software.
7. Disclaimer Regarding Health and Medical Information
The Software is not a substitute for health professionals and is not intended to provide medical advice. The Software is provided for personal, educational, informational and convenience purposes only and is not to be used for the direction of care of individual patients. It is general in nature and is not intended in any way to be a substitute for a medical exam or professional medical advice, medical opinion, diagnosis or treatment, symptom assessment, health counselling or medical opinion for end users. The Software is limited to providing end users with access only to health information and other information stored by such end users and may be used by the end users as a way to renew some prescription drugs. Always seek the advice of appropriately qualified and regulated health providers with any questions you may have with regard to a specific medical condition that transcends your specific scope of regulated practice or professional competence. Never disregard or delay seeking consultative advice because of something you have read or viewed in the Software. Reliance on any information provided in the material is solely at your own risk and you assume full responsibility for the use of the information.
8. No Warranties.
The Software is provided “AS IS” without any warranty whatsoever. You assume all risks and responsibilities for selection of the Software to achieve your intended results, and for the installation of, use of and results obtained from the software. Hope Care makes no warranty that the software will be error free or free from interruption or failure. To the extent permitted by applicable law, Hope Care disclaims all warranties, either express or implied, including but not limited to implied warranties and conditions of merchantability, for a particular purpose and non-infringement with respect to the software and the accompanying written materials.
Notwithstanding the foregoing, in the event of any failure of the Software to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the Software to you.; and to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Software, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty shall be Hope Care’s sole responsibility.
9. Limitation of Liability.
The end user assumes the entire cost of any damage caused from the use of the Software and the information contained therein or compiled by the Software. To the extent permitted by applicable law, in no event will Hope Care be liable for any damages whatsoever, including, without limitation damages for loss of data, damage to equipment, hardware or software failure or other pecuniary loss, arising out of the use or inability to use the Software, even if such party has been advised of the possibility of such damages. Hope Care makes no warranty or representation that the information or functions contained in the Software will meet your requirements. Furthermore, Hope Care does not warrant that all software errors, defects or inefficiency will be corrected, nor does Hope Care assume any liability for failure to provide support services and to correct any such error, defect or inefficiency. You understand that under no circumstances shall Hope Care be liable for any indirect, special, accessory, exemplary or punitive damages suffered by the end user, any party claiming on behalf of or through the end user, or any other third party including from or arising out of or related to this agreement or the performance or breach thereof. In no event will Hope Care’s total liability to the end user for all damages in any one or more cause of action, whether in contract, extra contractual or otherwise, exceed the amount paid by the end user the Software.
11. Technical Requirements
You are solely responsible and liable for : (a) the selection of the Software to achieve your intended results; (b) obtaining, provisioning, configuring, maintaining, paying for, and protecting from loss and damage all equipment and services necessary for the installation and use of the Software and all data used in association with the Software; (c) providing a safe and suitable location and environment for the installation and use of the Software; (d) the use, installation, implementation and operation of the Software and the results obtained therefrom; (e) scanning for and preventing the receipt and transmission of viruses, Trojan horse, worms, or other destructive or disruptive components; and (f) maintaining complete and current backup and archival copies of all data contained on your iPhone, iPod, or iPad Touch prior to installing or using the Software.
12. Compliance with Applicable Laws
You will comply with and ensure that your use of the Software complies with, all applicable laws, including, without limitation, all laws relating to data privacy, international communications and the export and transmission of technical data and other regulated materials. You represent and warrant that (i) you are not located in a country that is subject to a Portugal or US Government embargo, or that has been designated by the US Government as a “terrorist supporting” country; and (ii) you are not listed on any US government list of prohibited or restricted parties. In addition, the Software may be accessed from, displayed on or linked to from the iPhone, iPod Touch or iPad and is not available in all languages or in all countries. Hope Care makes no representation that such Software is appropriate or available for use in any particular location. To the extent you choose to access such Software, you do so at your own initiative and are responsible for compliance with any applicable laws, including but not limited to applicable local laws. Hope Care and its licensors reserve the right to change, suspend, remove or disable access to the Software at any time without notice. In no event will Hope Care be liable for the removal of or disabling of access to any such Software.
You and all persons he represents will indemnify, defend and hold harmless Hope Care and its directors, officers, employees, agents, successors and permitted assigns, from and against any and all claims and proceedings directly or indirectly arising from, connected with or relating to: (a) your use of the Software; or (b) any negligence, misconduct or breach of this Agreement by you. In this Agreement, “Claims” means third party claims, counterclaims, complaints, demands, causes of action, liabilities, obligations, damages, legal fees, costs, expenses and disbursements, including, without limitation, reasonable attorneys’ fees and court costs of any nature or kind, whatsoever and howsoever arising, whether known or unknown, whether in the law or in equity or pursuant to a contract, extra contractual or statute, and whether in any court of law or equity or before any arbitrator or other body, board or tribunal; and “Proceedings” means third party actions, suits, proceedings and hearings of any nature and kind, in any court of law or equity or before any arbitrator or other body, board or tribunal.
14. Third Party Claims
You agree, together with Hope Care, that in the event of any third party claim that the Software or your possession and use of that Software infringes that third party’s intellectual property rights, Hope Care, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim. You agree, together with Hope Care, that Hope Care, not Apple, is responsible for addressing any claims of the end-user or any third-party relating to the Software or your possession and / or use of that Software, including but not limited to: (i) product liability claims; (ii) any claim that the Software fails to conform to any aplicable legal or regulatory requirement; and (iii) claim arising under consumer protection or similar legislation.
(a) This Agreement constitutes the entire agreement between you and Hope Care and supersedes any other communications or advertising with respect to the Software.
(b) If any provision of this Agreement is held invalid, illegal or unenforceable, the remainder of this Agreement shall continue in full force and effect.
(c) Hope Care may assign this Agreement and its rights and obligations hereunder without your consent or the consent of any persons you represent.
(d) This Agreement shall be governed by the laws of the Republic of Portugal applicable therein, without reference to conflict of laws principles. Each of the parties hereto irrevocably attorns to the exclusive jurisdiction of the Courts of the District of Lisbon, Portugal and further agrees to commence any litigation which may arise hereunder in the Courts located in the District of Lisbon, Portugal
(e) You agree, together with Hope Care, that Apple, and Apple’s subsidiaries are third-party beneficiaries of this Agreement, and that, upon your acceptance of the terms and conditions of this Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as a third-party beneficiary thereof.
(f) The parties hereto have agreed that the present Agreement and its associated documents are drawn up in Portuguese and English. The End User License Agreement prevails in its original English form.
16. Contact information
Should you have any questions, complaints or claims with respect to this Agreement or the Software, or if you desire to contact Hope Care for any reason, please contact:
Hope Care, SA
Parque Tecnológico de Óbidos
Rua da Criatividade, Edifícios Centrais
Telefone: 212 408 715
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