END USER LICENSE AGREEMENT
IMPORTANT: PLEASE READ THIS LICENSE CAREFULLY BEFORE USING THIS SOFTWARE OR WEBSITE.
3SCARE MEDICAL SERVICES LLP operates the http://www.medorism.com website, Medorism™ Health App and Medical Services (the "Service").
By installing and/or using Medorism™ (“Software”, “Application” or “Website”), you agree that this End User License Agreement (EULA) is a legally binding and valid contract and agree to be bound by it. You agree to abide by the intellectual property laws and all of the terms and conditions of this Agreement.
Unless you have a different license agreement signed by 3SCare Medical Services LLP, your use of Medorism™ indicates your acceptance of this license agreement and warranty.
Subject to the terms of this agreement, 3SCare Medical Services grants to you a limited, non-exclusive, non-transferable license, without right to sub-license, to use its service in accordance with this agreement and any other written agreement with 3SCare Medical Services. 3SCare Medical Services does not transfer the title of Medorism™ to you; the license granted to you is not a sale. This agreement is a binding legal agreement between 3SCare Medical Services and the purchasers or users of Medorism™ or its Services.
If you do not agree to be bound by this agreement, remove Medorism™ Health App from your device and refrain from using any services provided by 3SCare Medical Services LLP consisting of it’s website, application, software and services.
Medorism™ and the license herein granted shall not be copied, shared, distributed, re-sold, offered for re-sale, transferred or sub-licensed in whole or in part except that you may make one copy for archive purposes only.
3. USER AGREEMENT
Your license to use Medorism™ is limited to the number of licenses purchased by you. You shall not allow others to use, copy or evaluate copies of Medorism™.
3.2 Use Restrictions
You shall use Medorism™ in compliance with all applicable laws and not for any unlawful purpose.
3.3 Copyright Restriction
This Software contains copyrighted material, trade secrets and other proprietary material. You shall not, and shall not attempt to, modify, reverse engineer, disassemble or decompile Medorism™ Application. Nor can you create any derivative works or other works that are based upon or derived from Medorism™ in whole or in part.
Name, logo and graphics file that represents Medorism™ shall not be used in any way to promote products developed with Medorism™. 3SCare Medical Services retains sole and exclusive ownership of all right, title and interest in and to Medorism™, and all Intellectual Property rights relating thereto.
Copyright law and international copyright treaty provisions protect all parts of Medorism™, products and services. No program, code, part, image, audio sample, or text may be copied or used in any way by the user except as intended within the bounds of the single user program. All rights not expressly granted hereunder are reserved for 3SCare Medical Services.
You agree to defend, indemnify and hold harmless The Company, its affiliates and their respective directors, officers, employees and agents from and against any and all claims, actions, suits or proceedings, as well as any and all losses, liabilities, damages, costs and expenses (including reasonable attorneys fees) arising out of or accruing from your use of the Application, including your downloading, installation, or use of the Application, or your violation of these Terms and Conditions.
Except as expressly stated in writing, 3SCare Medical Services makes no representation or warranties in respect of this Software and expressly excludes all other warranties, expressed or implied, oral or written, including, without limitation, any implied warranties of merchantable quality or fitness for a particular purpose.
3.6 Governing Law
This Agreement shall be governed by the law of the India (Karnataka) applicable therein. You hereby irrevocably attorn and submit to the non-exclusive jurisdiction of the courts of India therefrom. If any provision shall be considered unlawful, void or otherwise unenforceable, then that provision shall be deemed severable from this License and not affect the validity and enforceability of any other provisions.
Any failure to comply with the terms and conditions of this Agreement will result in automatic and immediate termination of this license. Upon termination of this license granted herein for any reason, you agree to immediately cease use of Medorism™ and destroy all copies of Medorism™ supplied under this Agreement.
4. DISCLAIMER OF WARRANTY
THIS SOFTWARE AND THE ACCOMPANYING FILES ARE SOLD "AS IS" AND WITHOUT WARRANTIES AS TO PERFORMANCE OR MERCHANTABILITY OR ANY OTHER WARRANTIES WHETHER EXPRESSED OR IMPLIED. THIS DISCLAIMER CONCERNS ALL FILES GENERATED AND EDITED BY MEDORISM™ AS WELL.
5. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE COMPANY, ITS SUBSIDIARIES AND AFFILIATES, AND ITS LICENSORS ARE NOT LIABLE TO YOU UNDER ANY THEORY OF LIABILITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL CONSEQUENTIAL OR EXEMPLARY DAMAGES THAT MAY BE INCURRED BY YOU THROUGH YOUR USE OF THE APPLICATION, INCLUDING ANY LOSS OF DATA, LOSS OF PRIVACY OR DAMAGE TO YOUR MOBILE DEVICE, WHETHER OR NOT THE COMPANY OR ITS REPRESENTATIVES HAVE BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES ARISING.
6. CONSENT OF USE OF DATA
YOU AGREE THAT 3SCARE MEDICAL SERVICES MAY COLLECT AND USE INFORMATION GATHERED IN ANY MANNER AS PART OF THE PRODUCT SUPPORT SERVICES PROVIDED TO YOU, IF ANY, RELATED TO MEDORISM™. 3SCARE MEDICAL SERVICES MAY ALSO USE THIS INFORMATION TO PROVIDE NOTICES TO YOU WHICH MAY BE OF USE OR INTEREST TO YOU.
a. These Terms and Conditions constitute the entire Agreement between you and The Company relating to the Application and govern your use of the Application, and completely replace any prior or contemporaneous agreements between you and The Company regarding the Application.
b. The failure of The Company to exercise or enforce any right or provision of these Terms and Conditions does not constitute a waiver of such right or provision, which will still be available to The Company.
c. If any court of law, having the jurisdiction to decide on this matter, rules that any provision of these Terms and Conditions is invalid, then that provision will be removed from the Terms and Conditions without affecting the rest of the Terms and Conditions. The remaining provisions of these Terms and Conditions will continue to be valid and enforceable.
d. The rights granted in these Terms and Conditions may not be assigned or transferred by either you or The Company without the prior written approval of the other party. Neither you nor The Company is permitted to delegate their responsibilities or obligations under these Terms and Conditions without the prior written approval of the other party.