This FIGmd, Inc. Registry Mobile App End User License Agreement (“Agreement”) is between FIGmd, Inc. (“FIGmd”) and you or the entity that you represent (collectively, “You”), and governs Your use of the FIGmd application (the “App”) on any mobile platform, including, but not limited to, Android, iOS and Windows Phone (each, a “Mobile Solution”) by any mobile application store provider, including, but not limited to, Android, Apple and Windows (each, an “App Store Provider”).
PLEASE READ THE TERMS OF THIS AGREEMENT CAREFULLY. BY INSTALLING OR USING THE APP, YOU AGREE THAT THIS AGREEMENT IS ENFORCEABLE LIKE ANY WRITTEN CONTRACT SIGNED BY YOU. IF YOU DO NOT AGREE TO THE FOREGOING, FIGMD DOES NOT AUTHORIZE YOU TO INSTALL OR USE THE APP.
This Agreement is between You and FIGmd only, and not any App Store Provider. FIGmd, and not any App Store Provider, is solely responsible for the App and the content thereof. Notwithstanding the foregoing, You acknowledge that any App Store Provider has the right to enforce this Agreement against You as a third party beneficiary.
To use the App, You must have an account with the Registry (the “Registry”).
Subject to the terms and conditions of this Agreement, FIGmd hereby grants You a limited, non-exclusive, non-transferable, non-sub licensable, revocable license to install and use the App for lawful purposes solely in connection with Your account on the Registry, and only on an Mobile Solution, as permitted by the respective App Store Provider’s Terms of Service.
Except as expressly set forth in this Agreement, You shall not, directly or indirectly, in whole or in part:
The term of this Agreement and the license granted herein continues until this Agreement is terminated as set forth herein. Unless you have paid to access this App or any functionality in this App, FIGmd may terminate this Agreement and the licenses granted hereunder for any or no reason. You may terminate this Agreement at any time by discontinuing use of the App. This Agreement terminates automatically if You fail to comply with any of the terms of this Agreement. Upon any termination of this Agreement, You must cease use of the App and destroy all copies of the App.
Title and ownership of all proprietary rights, including any copyright, patent, trade secret, trademark or other intellectual property rights, in and to the App, and any copies thereof, is and will at all times remain the property of FIGmd. FIGmd retains all rights, title and interest in and to the App that are not specifically granted to You here under.
You acknowledge that FIGmd does not endorse, represent or guarantee the truthfulness, accuracy, completeness or reliability of any of the data available on or through the App. Your use of or reliance on any such data is at your own risk.
THE APP AND ALL DATA MADE AVAILABLE THEREON ARE PROVIDED “AS IS.” FIGMD MAKES NO WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, AND EXPRESSLY DISCLAIMS ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, FIGMD MAKES NO WARRANTY THAT THE APP OR ANY DATA MADE AVAILABLE THEREON WILL BE ERROR-FREE OR FREE FROM INTERRUPTIONS OR OTHER FAILURES OR THAT THE APP OR ANY DATA AVAILABLE THEREON WILL MEET YOUR REQUIREMENTS. Some jurisdictions do not allow some of the foregoing exclusions or limitations, so some of these exclusions or limitations may not apply to You.
The App is designed to communicate with Your account on the Registry via the Internet using cellular or Wi-Fi networks, and You are authorized to use the App with such technologies. You acknowledge that transmitting data over the Internet or on a cellular or Wi-Fi network is not 100% secure or free from risk of compromise.
FIGmd may use certain information collected through the App as set forth in our Privacy Policy (available here) and our HIPAA Privacy Policy (available here) , which are incorporated by reference to this Agreement. You may not use or disclose any protected health information, as defined in the Health Insurance Portability and Accountability Act of 1996, as amended by the Privacy and Security provisions set forth in the Health Information Technology for Economic and Clinical Health Act (“HIPAA”), in connection with the App without having first agreed to the applicable Registry agreement, which is incorporated into this Agreement by reference. Your use of the App is governed by the Privacy Policy, HIPAA Privacy Policy and Registry agreement. By using the App, You indicate that You understand and agree to the practices described in the Privacy Policy, HIPAA Privacy Policy and Registry agreement.
FIGmd may, but is not obligated to, provide maintenance or other technical support for the App. To the extent that any technical support is required by applicable law, FIGmd, and not any App Store Provider, shall be obligated to furnish any such support. FIGmd may make changes to the App at any time without notice, including without limitation by disabling certain features or functionalities in the App. Nothing in this Agreement obligates FIGmd to support or provide You with any updates or error corrections to the App.
FIGmd shall not be obligated to indemnify, defend or hold You harmless with respect to any third-party claims arising out or relating to the App or any data available thereon, including without limitation any claims for intellectual property infringement. To the extent FIGmd is required by applicable law to provide such indemnification, FIGmd, not any App Store Provider, shall be solely responsible for the investigation, defense, settlement and discharge of any such claim. Nothing in this Agreement shall be deemed an admission that any such claims may arise.
FIGmd, and not any App Store Provider, is responsible for addressing any of the following claims by You relating to the App: (i) any product liability claim; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (iii) any claim arising under consumer protection or similar legislation. Nothing in this Agreement shall be deemed an admission that You may have any such claims.
All data provided through the App is provided for informational purposes only. The data provided through the App is not intended to be, and is not, professional medical advice or a substitute for such advice, or for diagnosis, treatment, cure, or prevention of any health conditions, and you should not rely on the data as such.
IN NO EVENT WILL FIGMD BE LIABLE TO YOU FOR ANY LOST PROFITS, LOST DATA, LOSS OF BUSINESS, GOODWILL OR REPUTATION, OR FOR ANY OTHER CONSEQUENTIAL, INDIRECT, INCIDENTAL OR SPECIAL DAMAGES OF ANY KIND, EVEN IF THE CLAIM WAS REASONABLY FORESEEABLE OR IF FIGMD HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. You acknowledge and agree that the foregoing limitations of liability are essential elements of the bargain and that in the absence of such limitations, the financial and other terms of this Agreement would be substantially different. Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so these limitations may not apply to You.
This Agreement shall be interpreted in accordance with the laws of the state of New York without reference to its conflict of law provisions. This Agreement shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded.
If any provision of this Agreement is held to be unenforceable, then such provision shall be reformed to the extent necessary to make it enforceable so as to affect the intent of the parties and the remainder of this Agreement shall continue in full force and effect. A waiver of any default is not a waiver of any subsequent default. You may not assign or otherwise transfer any of Your rights hereunder without FIGmd’s prior written consent, and any such attempt is void. This Agreement is binding upon and is for the benefit of the respective successors and assigns of the parties hereto. The parties acknowledge and agree that a material breach of this Agreement adversely affecting FIGmd’s proprietary rights would cause irreparable harm to FIGmd for which a remedy at law would be inadequate and that FIGmd shall be entitled to injunctive relief in addition to any remedies it may have hereunder or at law. This Agreement is the complete agreement between FIGmd and You concerning the App and the Materials and supersedes any and all prior agreements and representations between FIGmd and You related to the same subject matter.
19.0If You have any questions regarding the App or this Agreement, please contact FIGmd at info@figmd.com or at 6952 Rote Road, Suite 400, Rockford, IL 61107.