Minerva Medical Simulation Inc.
Last updated: June 6, 2017
By clicking “accept”, you (a) acknowledge that you have read and understand this agreement; (b) represent that you are 18 years of age or older/of legal age to enter into a binding agreement; and (c) accept this agreement and agree that you are legally bound by its terms. If you do not agree to these terms, you must click “decline” and must not use the Products. If you or the entity you represent has entered into a separate agreement with the Company in connection with the use of the Products, then that agreement shall control where it conflicts with the terms hereof.
Subject to the terms of this Agreement, the Company grants you a limited, non-exclusive and nontransferable license to access and use the Products via a web browser pursuant to the terms hereof and any applicable documentation provided by the Company.
Collection and Use of Your Information
The Products are based in the Commonwealth of Massachusetts in the United States and provided for access and use only by persons located in the United States. You acknowledge that you may not be able to access all or some of the Content and Services outside of the United States and that access thereto may not be legal by certain persons or in certain countries. If you access the Content and Services from outside the United States, you are responsible for compliance with local laws.
Disclaimer of Warranties and Limitation of Liability
The Products (including related services) are provided “as is” and with all faults, and the Company makes no representation or warranty with respect to the performance or function of the Products or with respect to benefits you may attain from use of the Products. The Company, to the full extent permitted by applicable law (some jurisdictions limit disclaimers of consumer warranties), hereby disclaims any and all representations and warranties, express or implied, by operation of law or otherwise, regarding or relating to the Products or any benefits you may attain from use of the Products, including, but not limited to, any warranties of merchantability or fitness for a particular purpose, or of reliability or availability or that the Products will be uninterrupted or error free or that it will be interoperable with any other application or service.
To the maximum extent permitted by applicable law, the Company and its suppliers and licensors will not be liable for any special, incidental, indirect, consequential, exemplary, or punitive damages resulting from your use, misuse or possession of the Products, including from the malfunction of or inability to use the Products, including, but not limited to, damages to property, computer failure, loss of revenue, profits or goodwill, unauthorized access to or alteration of, or loss of or damage to, your transmissions of data or any other matter relating to the information or content contained within or accessed through the Products, personal injuries from any causes of action arising out of or related to this Agreement or the Products, whether resulting from breach of contract, tort or other legal liability whatsoever, even if the Company has been advised of the possibility of such damages. The maximum aggregate liability of the Company arising out or relating to this Agreement and your use and possession of the Products shall not exceed the total fees paid by you for your license to the Products.
THE COMPANY IS NOT A MEDICAL SERVICE AND DOES NOT PROVIDE PROFESSIONAL MEDICAL OR CLINICAL SERVICES OR ADVICE. THE SERVICES PROVIDED BY THE PRODUCTS DO NOT CONTAIN OR CONSTITUTE, AND SHOULD NOT BE INTERPRETED AS, MEDICAL OR CLINICAL ADVICE OR OPINION. NO DOCTOR-PATIENT RELATIONSHIP IS CREATED. USE OF THE PRODUCTS IS NOT FOR MEDICAL EMERGENCIES. IF YOU THINK SOMEONE IS HAVING A MEDICAL EMERGENCY, CALL 911.
No Doctor-Patient Relationship. Any and all services provided by, in and/or through the Products are for informational purposes only. The Company is not a health care provider, and does not provide medical services or render medical advice. Nothing contained in the Products should be construed as such advice or diagnosis. The information and reports generated by us should not be interpreted as a substitute for physician consultation, evaluation, or treatment, and the information made available on or through the Products should not be relied upon when making medical decisions, or to diagnose or treat a medical or health condition. YOUR USE OF THE PRODUCTS DOES NOT CREATE A DOCTOR-PATIENT RELATIONSHIP BETWEEN YOU AND THE COMPANY.
No Medical or Clinical Services. You acknowledge and agree that information from the Company does not constitute medical care or clinical services. You should not change your professional behaviors solely on the basis of information from the Company. Make sure to discuss your results with a physician or other health care provider before you act upon the information provided by the Products. If you have concerns or questions about information provided by the Products, you should contact your physician or other health care provider.
Medicine is an ever-changing science. As new research and clinical experience broaden our knowledge, changes in treatment and drug therapy are required. The authors and publisher of the Products have checked with sources believed to be reliable in their efforts to provide information that is complete and generally in accord with the standards accepted at the time of production. However, in view of the possibility of human error or changes in medical science, neither the authors nor the publisher nor any other party who has been involved in the production of this program warrants that the information contained herein is in every respect accurate or complete, and disclaim all responsibility for any errors or omissions or for the results obtained from the use of the information contained in this work. Users are encouraged to confirm the information contained herein with other sources. For example, and in particular, users are advised to check the product information sheet included in the package of each drug they plan to administer to ensure that the information contained in this program is accurate and that changes have not been made in the recommended dose or contraindications for administration. This recommendation is of particular importance in connection with new or infrequently used drugs. Correct application of information in clinical practice is the sole responsibility of the individual practitioner to ensure it is congruent with current and accepted standards of clinical practice.
You should contact the Company concerning any defects or performance issues in the Products using the contact information provided below. The Company has no responsibility to provide support or maintenance for the Products or their installation, and all requests for any support and maintenance, and any complaints, with respect to the Products should be addressed to the Company by email at email@example.com.
The Products may be subject to US export control laws, including the US Export Administration Act and its associated regulations. You shall not, directly or indirectly, export, re-export or release the Products to, or make the Products accessible from, any jurisdiction or country to which export, re-export or release is prohibited by law, rule or regulation. You shall comply with all applicable federal laws, regulations and rules, and complete all required undertakings (including obtaining any necessary export license or other governmental approval), prior to exporting, re-exporting, releasing or otherwise making the Products available outside the US.
You acknowledge and agree that the Products are provided under license, and not sold, to you. You do not acquire any ownership interest in the Products under this Agreement, or any other rights thereto other than to use the Products in accordance with the license granted, and subject to all terms, conditions and restrictions, under this Agreement. Company and its licensors and service providers reserve and shall retain their entire right, title and interest in and to the Products, including all copyrights, trademarks and other intellectual property rights therein or relating thereto, except as expressly granted to you in this Agreement.
As applicable, you agree not to (i) copy the Products, except as expressly permitted by this license; (ii) modify, translate, adapt or otherwise create derivative works or improvements, whether or not patentable, of the Products; (iii) reverse engineer, disassemble, decompile, decode or otherwise attempt to derive or gain access to the source code of the Products or any part thereof; (iv) remove, delete, alter or obscure any trademarks or any copyright, trademark, patent or other intellectual property or proprietary rights notices from the Products, including any copy thereof; (v) rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer or otherwise make available the Products or any features or functionality of the Products, to any third party for any reason, including by making the Products available on a network where it is capable of being accessed by more than one device at any time; or (vi) remove, disable, circumvent or otherwise create or implement any workaround to any copy protection, rights management or security features in or protecting the Products.
Term and Termination. The term of this Agreement shall commence upon the earlier of (i) your acceptance of this Agreement, or (ii) your use of the Products; and shall end upon termination by the Company. The Company may terminate this Agreement at any time for any reason.
Severability. If any provision of this Agreement is illegal or unenforceable under applicable law, the remainder of the provision will be amended to achieve as closely as possible the effect of the original term and all other provisions of this Agreement will continue in full force and effect.
Governing Law. This Agreement is governed by and construed in accordance with the internal laws of the Commonwealth of Massachusetts without giving effect to any choice or conflict of law provision or rule. Any legal suit, action or proceeding arising out of or related to this Agreement or the Products shall be instituted exclusively in the federal courts of the United States or the courts of the Commonwealth of Massachusetts in each case located in Suffolk County. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
Limitation of Time to File Claims. Any cause of action or claim you may have arising out of or relating to this agreement or the Products must be commenced within one (1) year after the cause of action accrues, otherwise, such cause of action or claim is permanently barred.
Waiver. No failure to exercise, and no delay in exercising, on the part of either party, any right or any power hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any right or power hereunder preclude further exercise of that or any other right hereunder. In the event of a conflict between this Agreement and any applicable purchase or other terms, the terms of this Agreement shall govern.