TERMS AND CONDITIONS
THESE TERMS AND CONDITIONS (“TERMS AND CONDITIONS”) ARE A BINDING AGREEMENT BETWEEN YOU (“YOU” AND “YOUR”) AND WELCH ALLYN, INC. (“WELCH ALLYN,” “WE,” “US,” AND “OUR”), AND GOVERN YOUR USE OF THE WELCH ALLYN HOME™ MOBILE SOFTWARE APPLICATION (THE “APP”). THE APP INCLUDES ANY UPDATES THERETO, AND ALL ASSOCIATED DOCUMENTATION.
WELCH ALLYN LICENSES THE APP SOLELY ON THESE TERMS AND CONDITIONS AND ON THE CONDITION THAT YOU ACCEPT AND COMPLY WITH THEM. BY TOUCHING THE “AGREE” BUTTON BELOW YOU: (I) HAVE READ AND UNDERSTAND THESE TERMS AND CONDITIONS; (II) ACCEPT THESE TERMS AND CONDITIONS AND AGREE THAT YOU ARE LEGALLY BOUND BY THEM; AND (III) REPRESENT AND WARRANT THAT YOU ARE OF LEGAL AGE TO ENTER INTO A BINDING AGREEMENT. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, WELCH ALLYN WILL NOT AND DOES NOT LICENSE THE APP TO YOU AND YOU MUST NOT DOWNLOAD, INSTALL OR USE THE APP.
Subject to these Terms and Conditions, Welch Allyn grants You a limited, non-exclusive and nontransferable license to download, install, and use the App on a mobile device owned or otherwise controlled by You solely for Your personal, non-commercial purposes.
You agree not to:
(a) copy the App, except as expressly permitted by this license;
(b) modify, translate, adapt, or otherwise create derivative works or improvements of the App;
(c) reverse engineer, disassemble, decompile, decode, or otherwise attempt to derive or gain access to the source code of the App or any part thereof;
(d) remove, delete, alter, or obscure any trademarks or any copyright, trademark, patent, or other intellectual property or proprietary rights notices from the App, including any copy thereof;
(e) rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer, or otherwise make available the App, or any functionality or feature of the App, to any third party for any reason, including by making the App available on a network where it is capable of being accessed by more than one device at any time; or
(f) remove, disable, circumvent, or otherwise create or implement any workaround to any copy protection, rights management, or security features in or protecting the App.
You acknowledge and agree that the App is provided under license, and not sold, to You. You do not acquire any ownership interest in the App under these Terms and Conditions, or any other rights thereto other than to use the App in accordance with the license granted, and subject to all terms, conditions, and restrictions, under these Terms and Conditions. We reserve and retain Our entire right, title, and interest in and to the App, including all copyrights, trademarks, and other intellectual property rights therein or relating thereto except as expressly granted to You in these Terms and Conditions.
The App is provided for access and use only by persons located in the United States. You acknowledge that You may not be able to access or use all or some of the App outside of the United States and that access or use of the App by certain persons or in certain countries may not be legal. If You access or use the App outside the United States, You are responsible for compliance with all local laws.
We may change the App, including without limitation making improvements or alterations to functionalities, adding or removing features, and providing bug fixes and patches, with or without notice to You. Based on Your mobile device settings, when Your mobile device is connected to the internet either:
(a) the App will automatically download and install all available updates; or
(b) You may receive notice of or be prompted to download and install available updates.
You must promptly download and install all updates and acknowledge and agree that the App or portions thereof may not properly operate if You fail to do so. You further agree that all updates will be deemed part of the App and be subject to these Terms and Conditions. We also reserve the right to establish limits on the nature or size of storage available to You or on Your continued ability to access or share Your Information, and to impose other limitations at any time, with or without notice to You.
We may revise these Terms and Conditions with or without notice to You. Revised Terms and Conditions supersede all earlier versions. We encourage You periodically to read these Terms and Conditions to see if We have made revisions to Our policies that may affect You. Your continued use of the App will signify Your continued agreement to these Terms and Conditions as they may be revised.
The term of these Terms and Conditions will commence upon Your initial installation of the App following Your acceptance of these Terms and Conditions and will continue in effect until terminated by You or Us as set forth in this section.
(a) You may terminate these Terms and Conditions at any time by deleting the App from Your Mobile Device.
(b) We may terminate these Terms and Conditions in Our sole discretion at any time, with or without notice to You. In addition, these Terms and Conditions will terminate immediately and automatically without any notice to You if You violate any of these Terms and Conditions. We reserve the right to delete Your account if You haven’t used the App for twelve (12) consecutive months.
(c) Upon termination:
(d) Termination will not limit any of Our rights or remedies at law or in equity.
To protect Your Information, access to the App requires submission of login and password information and/or other authentication tokens or codes to create a user account (collectively and individually “Login and Password”). The Login and Password are for Your personal use only and are not transferable. You may not share Your Login or Password with any other person or entity. You agree that You will be responsible for maintaining Your Login and Password as confidential and for any activity that occurs as a result of Your enabling or permitting another person or entity to use Your Login and Password. You agree immediately to notify Us in the event that Your Login and Password is lost or stolen or You become aware of any unauthorized use of Your Login and Password or of any other breach of security related to the App.
Always seek the advice of Your doctor or other qualified health care provider with any questions You have regarding Your health, medical conditions, treatment or medication and before commencing or discontinuing any treatment or medication. THE APP IS NOT INTENDED TO DIAGNOSIS, TREAT, CURE OR PREVENT DISEASE. THE APP IS NOT INTENDED AS A SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE OR CARE. Never disregard or delay in obtaining medical advice from Your doctor or other qualified health care provider because of any results You obtained from the App. IF YOU HAVE OR SUSPECT THAT YOU HAVE A MEDICAL PROBLEM OR CONDITION, PLEASE CONTACT YOUR DOCTOR OR OTHER QUALIFIED HEALTH CARE PROVIDER IMMEDIATELY. IF YOU ARE EXPERIENCING A MEDICAL EMERGENCY PLEASE CALL FOR EMERGENCY MEDICAL HELP IMMEDIATELY. THE APP IS NOT INTENDED FOR EMERGENCY OR REAL-TIME MONITORING.
THE APP IS PROVIDED “AS IS” AND WITHOUT WARRANTY OF ANY KIND WHATSOEVER, EITHER EXPRESS OR IMPLIED. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE SPECIFICALLY DISCLAIM AND EXCLUDE ANY AND ALL WARRANTIES, EXPRESSED, IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSES, NON-INFRINGEMENT OR QUALITY AND/OR PERFORMANCE. WE DO NOT WARRANT THAT THE APP WILL MEET YOUR REQUIREMENTS, THAT THE APP’S OPERATION WILL BE ERROR-FREE OR UNINTERRUPTED, THAT THE INTERNET WILL BE AVAILABLE, THAT ERRORS IN THE APP WILL BE CORRECTED OR THAT YOUR COMMUNICATIONS WILL BE SECURE OR DELIVERED TO YOUR RECIPIENTS, WHETHER THEY ARE YOUR INTENDED RECIPIENTS OR OTHERWISE, OR THAT YOUR INFORMATION STORED AND/OR ARCHIVED IN THE APP OR ON OUR SERVERS WILL BE AVAILABLE, ACCESSIBLE, SECURE AND/OR ACCURATE. THE ENTIRE RISK ARISING OUT OF THE USE OR PERFORMANCE OF THE APP REMAINS WITH YOU, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. Some jurisdictions do not allow the exclusions or limitations set forth above and therefore may not apply to You.
TO THE FULLEST EXTENT PERMITTED BY LAW, WE SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, CONSEQUENTIAL, OR PUNITIVE DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, FOR ANY LOSS OR DISCLOSURE OF YOUR INFORMATION, ANY FAILURE TO MAKE YOUR INFORMATION AVAILABLE TO YOU, INTERRUPTION OF SERVICE, MOBILE DEVICE FAILURE, DATA USAGE CHARGES, OR PECUNIARY LOSS) ARISING OUT OF THE USE OR INABILITY TO USE THE APP, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU UNDERSTAND AND ACKNOWLEDGE THAT YOUR SOLE AND EXCLUSIVE REMEDY WITH RESPECT TO ANY DEFECT IN OR DISSATISFACTION WITH THE APP IS TO UNINSTALL AND CEASE USE OF THE APP. TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ANY AND ALL DAMAGES EXCEED THE AMOUNT OF FIFTY DOLLARS ($50.00).
The App may be subject to United States export control laws, including the Export Administration Act and its associated regulations. You shall not, directly or indirectly, export, re-export, or release the App to, or make the App 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 App available outside the United States.
These Terms and Conditions are governed by and construed in accordance with the internal laws of the State of New York 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 these Terms and Conditions or the App shall be instituted exclusively in the federal courts of the United States or the courts of the State of New York, in each case located in the City of Syracuse and the County of Onondaga. You waive any and all objections to the exercise of jurisdiction over You by such courts and to venue in such courts.
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS AND CONDITIONS OR THE APP MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION OR CLAIM ACCRUES OTHERWISE SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
No failure to exercise, and no delay in exercising, on the part of either party, any right or any remedy hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any right or remedy hereunder preclude further exercise of that or any other right or remedy hereunder. In the event of a conflict between these Terms and Conditions and any applicable purchase or other terms, these Terms and Conditions shall govern.