Smart Medical Apps LICENSE AGREEMENT In order to use Smart Medical Apps Online Calculators, you must first accept the following agreements. Please read them carefully. LICENSE AGREEMENT THIS IS A LICENSE AGREEMENT ("AGREEMENT") BETWEEN SMART MEDICAL APPS, LLC ("Smart Medical Apps") AND THE INDIVIDUAL USER ("USER"). THIS AGREEMENT PROVIDES THE USER THE RIGHT TO USE THE APPLICATION SMART MEDICAL APPS AND OTHER CONTENT AND UPDATES THERETO MADE AVAILABLE BY SMART MEDICAL APPS (COLLECTIVELY, THE "SMART MEDICAL APPS INFORMATION"). SMART MEDICAL APPS IS WILLING TO GRANT LICENSEE THE FOLLOWING LICENSE (THE "LICENSE") TO USE THE SMART MEDICAL APPS INFORMATION ACCORDING TO THIS AGREEMENT, ONLY ON THE CONDITION THAT USER ACCEPTS ALL TERMS IN THIS AGREEMENT.BY ACCEPTING THE TERMS AND CONDITIONS, USER ACKNOWLEDGES THAT USER HAS READ THIS AGREEMENT, UNDERSTANDS IT, AND AGREES TO BE BOUND BY IT.
- LICENSE. In consideration of payment by User of the applicable subscription fees, Smart Medical Apps grants User a limited, non-exclusive, non-transferable license to: (a) use the Smart Medical Apps Information on the Smart Medical Apps; and (b) use the Smart Medical Apps Information solely for educational purposes.
- RESTRICTIONS. User may not use, copy, modify, or transfer the Smart Medical Apps Information, or any copy thereof, in whole or in part, except as expressly provided in this Agreement. User may not reverse engineer, disassemble, decompile, or translate the Smart Medical Apps Information, or otherwise attempt to derive the source code of the Smart Medical Apps Information, or authorize any third party to do any of the foregoing. User is prohibited from developing, selling or distributing applications that are capable of launching, being launched from, or are otherwise integrated with, the Smart Medical Apps Information without the express written consent of Smart Medical Apps. User may not rent, lease, loan, resell for profit, distribute, sublicense or use in a time-sharing arrangement the Smart Medical Apps Information, or any part thereof.
- OWNERSHIP. The Smart Medical Apps Information is the property of Smart Medical Apps or its licensor(s) and is protected by copyright and other intellectual property laws. The Smart Medical Apps Information is licensed, not sold, to User for use only under the terms of this Agreement, and Smart Medical Apps reserves all rights not expressly granted to User.
- TERM; TERMINATION. The License will terminate immediately without notice to User if User breaches any term or condition of this Agreement. Smart Medical Apps reserves the right to modify any of its services and/or product offerings, or to terminate the License at any time without notice to User.
- CONTENT MAINTAINED BY Smart Medical Apps. User acknowledges and agrees that: (a) Smart Medical Apps or its licensors may, from time to time, elect to update information contained in the Smart Medical Apps Information, but Smart Medical Apps does not warrant or guarantee that any product description(s) or other information contained in the Smart Medical Apps Information or accessed through the Smart Medical Apps Information will be updated at any time during the term of this Agreement; (b) Smart Medical Apps does not assume, and expressly disclaims, any obligation to obtain and include any information in the Smart Medical Apps Information; (c) the Smart Medical Apps Information includes information provided to Smart Medical Apps by its licensors or other third parties, and Smart Medical Apps does not assume and expressly disclaims any responsibility for the accuracy of such third-party content; (d) Smart Medical Apps is not advocating the use of any product described in the Smart Medical Apps Information (or elsewhere), nor is Smart Medical Apps responsible for misuse of a product or procedure due to typographical or other errors in the Smart Medical Apps Information, User negligence or otherwise; (e) User agrees to seek additional information on any product from the manufacturer; and (f) User will use the Smart Medical Apps Information only as a reference aid, and that such information is not intended to be (nor should it be used as) a substitute for the exercise of professional judgment. In view of the possibility of human error or changes in medical science, User should confirm the information in the Smart Medical Apps Information through independent sources. User agrees and acknowledges that User will, at all times, not use Smart Medical Apps' information as a means to treat patients and to seek professional diagnosis and treatment for any medical condition and to discuss information obtained from Smart Medical Apps Information with a healthcare provider qualified to make professional medical diagnostic decisions. This is a teaching tool, and should only be used as such.
- WARRANTY; DISCLAIMER. THE SMART MEDICAL APPS INFORMATION IS PROVIDED TO USER "AS IS." EXCEPT AS EXPRESSLY PROVIDED UNDER THIS AGREEMENT, SMART MEDICAL APPS AND ITS AFFILIATES, AGENTS AND LICENSORS: (A) CANNOT AND DO NOT WARRANT THE ACCURACY, COMPLETENESS, CURRENCY OR NON-INFRINGEMENT OF THE SMART MEDICAL APPS INFORMATION PROVIDED HEREUNDER; AND (B) EXPRESSLY DISCLAIM ALL WARRANTIES AND CONDITIONS, EXPRESS, IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. The laws of some jurisdictions do not permit waivers of certain warranties, so portions of the above disclaimer may not apply to User. In the event Smart Medical Apps cannot waive any warranty, the duration and scope of such warranty will be the minimum permitted under applicable law.
- LIMITATION OF LIABILITY. NEITHER SMART MEDICAL APPS NOR ITS AFFILIATES, AGENTS OR LICENSORS SHALL BE LIABLE UNDER ANY CLAIM, DEMAND OR ACTION ARISING OUT OF OR RELATING TO USER"S USE OF THE SMART MEDICAL APPS INFORMATION, NOR SMART MEDICAL APPS' PERFORMANCE OF (OR FAILURE TO PERFORM) ANY OBLIGATION UNDER THIS AGREEMENT, NOR FOR DIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES DUE TO LOST PROFITS OR BUSINESS INTERRUPTION, OR OTHER DAMAGES, EVEN IF SMART MEDICAL APPS, ITS AFFILIATES, AGENTS OR LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGES AND WHETHER OR NOT SUCH LOSS OR DAMAGES IS/ARE FORESEEABLE AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. IN NO EVENT SHALL SMART MEDICAL APPS, ITS AFFILIATES, AGENTS OR LICENSORS BE LIABLE TO USER UNDER THIS AGREEMENT FOR ANY AMOUNT OF CURRENCY, AS IN U.S. DOLLARS OR OTHER FORMS OF CURRENCY. The laws of some jurisdictions do not permit the disclaimer of liability for certain types of damages, so portions of the above may not apply to User.
- U. S. GOVERNMENT END USERS. The Smart Medical Apps Information is a "commercial item" as that term is defined at FAR 2.101, consisting of "commercial computer software" and "commercial computer software documentation" as such terms are used in 48 C.F.R. 12.212 and is provided to the U.S. Government only as a commercial end item. Consistent with FAR 12.212 and DFARS 227.7202, all U.S. Government End Users acquire the Smart Medical Apps Information with only those rights set forth herein.
- GENERAL. 9.1 GOVERNING LAW. This Agreement and the legal relations between the parties arising hereunder shall be governed by and interpreted in accordance with the laws of the United States of America exclusively, as such laws apply to contracts between United States of America residents performed entirely within the United States of America. The Application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. 9.2 ARBITRATION " CHOICE OF FORUM AND VENUE. Any dispute, controversy or claim arising out of or relating to this Agreement shall be settled by arbitration in Oklahoma City, Oklahoma, by a single arbitrator. The arbitrator shall be empowered to award only those damages which are permitted in this Agreement, subject to any disclaimers of damages and liability limits set forth herein. The award rendered by the arbitrator shall include costs of the arbitration and reasonable costs for experts and other witnesses. Judgment on the award may be entered in any court having jurisdiction. Nothing in this Agreement shall be deemed as preventing either party from seeking provisional relief from any court of competent jurisdiction, in order to protect that party"s name or proprietary rights. The award of the arbitrator shall be final and binding upon the parties without appeal or review except as permitted by law of the State of Oklahoma, United States of America. 9.3 PRIVACY. Smart Medical Apps"s current privacy policies are available on the Website, at https://www.SmartMedicalApps.com/privacy, and are incorporated herein by reference. 9.4 WAIVER. The failure of either party to require performance by the other party of any provision hereof shall not affect the full right to require such performance at any time thereafter; nor shall the waiver by either party of a breach of any provision hereof be taken or held to be a waiver of the provision itself. 9.5 ASSIGNMENT. Neither this Agreement nor any rights or obligations of User hereunder may be assigned or delegated by User in whole or in part without the prior written approval of Smart Medical Apps. Any assignment or delegation in derogation of the foregoing shall be null and void. 9.6 SEVERABILITY. If any part of this Agreement is for any reason found to be unenforceable, all other parts nevertheless remain enforceable as long as a party"s rights under this Agreement are not materially affected. In lieu of the unenforceable provision, the parties will substitute or add as part of this Agreement a provision that will be as similar as possible in economic and business objectives as was intended by the unenforceable provision. 9.7 COMPLETE AGREEMENT. This Agreement is the complete and exclusive statement of the agreement between Smart Medical Apps and User which supersedes any proposal or prior agreement, oral or written, and any other communications between the parties in relation to the subject matter of this Agreement. 9.8 USE OF THIS PRODUCT. Your use of this product acknowledges acceptance of these restrictions, disclaimers, and limitations. You expressly acknowledge and agree that Smart Medical Apps is not responsible for the results of your decisions resulting from the use of the Service, including, but not limited to, your choosing to seek or not to seek professional medical advise, or from choosing or not choosing specific advise based on the Service. Every effort has been made to ensure that the information provided in the Service is accurate, up-to-date, and complete, but no guarantee is made to that effect. In addition, any drug information contained herein, or in the future, may be time sensitive. The Service does not endorse drugs, diagnose patients, or recommend therapy. The Service is for an academic setting where no Personal and Identifiable Information is obtained, the patient record being submitted into Smart Medical Apps is hypothetical and is used only for academic purposes and not for any type of professional treatment, and evaluated using the Service. The Service is an informational resource designed to assist any and all students in the study of medicine only, not for the caring for their patients and provide consumers with drug specific information. Medical students and any student in the medical industry using this Service for academic and training purposes only, not in the care and treatment of actual patients. The Service is not a substitute for the care provided by licensed healthcare practitioners and consumers are urged to consult with their healthcare practitioner and or academic professor in all instances. Smart Medical Apps does not assume any responsibility for any aspect of healthcare administered or not administered with the aid of information the Service provides. THE SMART MEDICAL APPS INFORMATION IS PROTECTED BY COPYRIGHT LAW UNDER THE UNITED STATES OF AMERICA AND INTERNATIONAL TREATY. UNAUTHORIZED REPRODUCTION OR DISTRIBUTION IS SUBJECT TO CIVIL AND CRIMINAL PENALTIES. " Smart Medical Apps, LLC, 2010. All Rights Reserved. Protected by copyright and licenses restricting use, copying, distribution and decompilation. Smart Medical Apps is a trademark of Smart Medical Apps, LLC in the United States of America and other countries. Disclaimer of Warranties THE END-USER ACKNOWLEDGES THAT THE SERVICE IS PROVIDED ON AN "AS IS" BASIS. EXCEPT FOR WARRANTIES WHICH MAY NOT BE DISCLAIMED AS A MATTER OF LAW, SMART MEDICAL APPS MAKES NO REPRESENTATIONS OR WARRANTIES WHATSOEVER, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO REPRESENTATIONS OR WARRANTIES REGARDING THE ACCURACY OR NATURE OF THE CONTENT OF THE SERVICE, WARRANTIES OF TITLE, NONINFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. The End-User acknowledges that updates to the Service are at the sole discretion of Smart Medical Apps. Smart Medical Apps makes no representations or warranties whatsoever, express or implied, with respect to the compatibility of the Service, or future releases thereof, with any computer hardware or software, nor does Smart Medical Apps represent or warrant the continuity of the features or the facilities provided by or through the Service as between various releases thereof. Any warranties expressly provided herein do not apply if: (i) the End-User alters, mishandles or improperly uses, stores or installs all, or any part, of the Service, (ii) the End-User uses, stores or installs the Service on a computer system which fails to meet the specifications provided by Smart Medical Apps, or (iii) the breach of warranty arises out of or in connection with acts or omissions of persons other than Smart Medical Apps. Assumption of Risk, Disclaimer of Liability, Indemnity THE END-USER ASSUMES ALL RISK FOR SELECTION AND USE OF THE SERVICE AND CONTENT PROVIDED THEREON. SMART MEDICAL APPS SHALL NOT BE RESPONSIBLE FOR ANY ERRORS, MISSTATEMENTS, INACCURACIES OR OMISSIONS REGARDING CONTENT DELIVERED THROUGH THE SERVICE OR ANY DELAYS IN OR INTERRUPTIONS OF SUCH DELIVERY. THE END-USER ACKNOWLEDGES THAT SMART MEDICAL APPS: (A) HAS NO CONTROL OF OR RESPONSIBILITY FOR THE END-USER"S USE OF THE SERVICE OR CONTENT PROVIDED THEREON, (B) HAS NO KNOWLEDGE OF THE SPECIFIC OR UNIQUE CIRCUMSTANCES UNDER WHICH THE SERVICE OR CONTENT PROVIDED THEREON MAY BE USED BY THE END-USER, (C) UNDERTAKES NO OBLIGATION TO SUPPLEMENT OR UPDATE CONTENT OF THE SERVICE, AND (D) HAS NO LIABILITY TO ANY PERSON FOR ANY DATA OR INFORMATION, INCLUDING PERSONAL AND IDENTIFIABLE INFORMATION, INPUT ON THE SERVICE BY PERSONS OTHER THAN SMART MEDICAL APPS. SMART MEDICAL APPS SHALL NOT BE LIABLE TO ANY PERSON (INCLUDING BUT NOT LIMITED TO THE END-USER AND PERSONS TREATED BY OR ON BEHALF OF THE END-USER) FOR, AND THE END-USER AGREES TO INDEMNIFY AND HOLD SMART MEDICAL APPS HARMLESS FROM ANY CLAIMS, LAWSUITS, PROCEEDINGS, COSTS, ATTORNEYS" FEES, DAMAGES OR OTHER LOSSES (COLLECTIVELY, "LOSSES") ARISING OUT OF OR RELATING TO (A) THE END-USER"S USE OF THE SERVICE OR CONTENT PROVIDED THEREON OR ANY EQUIPMENT FURNISHED IN CONNECTION THEREWITH AND (B) ANY DATA OR INFORMATION INPUT ON THE SERVICE BY END-USER, IN ALL CASES INCLUDING BUT NOT LIMITED TO LOSSES FOR TORT, PERSONAL INJURY, MEDICAL MALPRACTICE OR PRODUCT LIABILITY. FURTHER, WITHOUT LIMITING THE FOREGOING, IN NO EVENT SHALL SMART MEDICAL APPS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR INDIRECT DAMAGES, INCLUDING DAMAGES FOR LOSS OF PROFITS, LOSS OF BUSINESS, OR DOWN TIME, EVEN IF SMART MEDICAL APPS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE INFORMATION CONTAINED WITHIN THE SERVICE IS INTENDED FOR USE ONLY AS AN INFORMATIONAL TOOL AND END-USERS ARE URGED TO CONSULT WITH A PHYSICIAN OR OTHER HEALTHCARE PROFESSIONAL REGARDING THEIR SPECIFIC SITUATION FOR DIAGNOSIS OR BY PHYSICIANS, PROFESSIONALS WHO SHOULD RELY ON THEIR CLINICAL DISCRETION AND JUDGMENT, INCLUDING FACULTY MEMBERS ADVISING STUDENTS IN THEIR ACADEMIC TRAINING, IN DIAGNOSIS AND TREATMENT. AS BETWEEN THE END-USER AND SMART MEDICAL APPS, THE END-USER HEREBY ASSUMES FULL RESPONSIBILITY FOR INSURING THE APPROPRIATENESS OF USING AND RELYING UPON THE INFORMATION IN VIEW OF ALL ATTENDANT CIRCUMSTANCES, INDICATIONS, AND CONTRAINDICATIONS. Liability of Smart Medical Apps to the End-User Under no circumstances shall Smart Medical Apps be liable to the End-User or any other person for any direct, indirect, exemplary, special or consequential damages arising out of or relating to the End-User"s use of or inability to use the Service or the content of the Service provided thereon or any equipment furnished in connection therewith. Smart Medical Apps"s total maximum cumulative liability hereunder in connection with this Agreement, whether arising under contract or otherwise, are limited to the fees received by Smart Medical Apps under this Agreement specifically relating to the End-User"s use of the service or product which is the subject of the claim. Medical Disclaimers This site is designed to offer you general health information for educational purposes only. The health information furnished on this site and the interactive responses are not intended to be professional advice and are not intended to replace personal consultation with a qualified physician, pharmacist, healthcare professional or academic faculty responsible for the training of the User. You must always seek the advice of a professional for questions related to any disease, disease symptoms, mental and or physical condition, and appropriate therapeutic treatments. If you have or suspect that you have a medical problem or condition of a patient, please contact a qualified healthcare provider immediately and do not rely on the diagnosis or treatment of Smart Medical Apps. You should never disregard medical advice or delay in seeking it because of something you have read or accessed while using this Service. While information within Smart Medical Apps has been obtained from sources believed to be reliable, neither we nor our content providers warrant the accuracy of the information contained on this application or Service. We do not give medical advice and suggested treatment for the use on actual patients, nor do we provide medical or diagnostic services. Again, this Smart Medical Apps is intended for the training of medical students and students training in the medical industry. Medical information changes rapidly. Neither we nor our content providers guarantee that the content covers all possible uses, directions, precautions, drug interactions, or adverse effects that may be associated with any therapeutic treatments. Your reliance upon information and content obtained by you at or through this site is solely at your own risk. Neither we nor our content providers assume any liability or responsibility for damage or injury (including death) to you, other persons or property arising from any use of any product, information, idea or instruction contained in the content or services provided to you. Liability Disclaimers Smart Medical Apps and our content providers have utilized reasonable care in collecting and reporting the information contained in the Products within Smart Medical Apps and all modules contained within the application and service and have obtained such information from sources believed to be reliable. However, we and our content providers do not warrant the accuracy of the information in the Application. The clinical information contained in the information is intended as a supplement to, and not a substitute for, the knowledge, expertise, skill, and judgment of physicians, pharmacists, healthcare professionals, or academic faculty responsible for the instruction of the student in patient care. SMART MEDICAL APPS AND ITS CONTENT PROVIDERS MAKE NO WARRANTY OR REPRESENTATION, EXPRESS OR IMPLIED, AS TO THE ACCURACY OF THE DATA FROM WHICH THE INFORMATION IS COMPILED OR THE ACCURACY OF THE INFORMATION ITSELF, NOR THE COMPATIBILITY OF THE INFORMATION WITH ANY HARDWARE AND SYSTEMS, AND SPECIFICALLY DISCLAIMS THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. YOU USE SMART MEDICAL APPS AND ALL INFORMATION AND MODULES CONTAINED HEREIN AND THE MATERIAL AND INFORMATION IN THE APPLICATION AT YOUR OWN RISK. SMART MEDICAL APPS AND ITS INFORMATION PROVIDERS SHALL NOT BE LIABLE FOR ANY DAMAGES ALLEGEDLY SUSTAINED ARISING OUT OF USE OF THIS APPLICATION OR SERVICE, AND INCLUDING ANY CONSEQUENTIAL, SPECIAL, OR SIMILAR DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF, NOTWITHSTANDING THE OTHER TERMS OF THIS AGREEMENT (OR ANY OTHER AGREEMENT BETWEEN YOU AND US), WE (OR OUR CONTENT PROVIDERS OR SPONSOR/ADVERTISERS) SHOULD HAVE ANY LIABILITY FOR ANY LOSS, HARM OR DAMAGE, YOU AND WE (ON BEHALF OF OURSELVES AND OUR CONTENT PROVIDERS AND SPONSOR/ADVERTISERS) AGREE THAT SUCH LIABILITY SHALL UNDER NO CIRCUMSTANCES EXCEED $1. YOU AND WE (ON BEHALF OF OURSELVES AND OUR CONTENT PROVIDERS AND SPONSOR/ADVERTISERS) AGREE THAT THE FOREGOING LIMITATION OF LIABILITY IS AN AGREED ALLOCATION OF RISK BETWEEN YOU AND US (AND OUR CONTENT PROVIDERS AND SPONSOR/ADVERTISERS) AND REFLECTS THE FEES, IF ANY, WE CHARGE YOU TO USE THIS APPLICATION, THE SERVICES AND THE CONTENT. YOU ACKNOWLEDGE THAT ABSENT YOUR AGREEMENT TO THIS LIMITATION OF LIABILITY, WE WOULD NOT PROVIDE THE APPLICATION (SMART MEDICAL APPS AND ALL MODULES CONTAINED WITHIN THE APPLICATION), THE SERVICES OR THE CONTENT TO YOU. Restrictions No material from Smart Medical Apps may be copied, reproduced, republished, uploaded, posted, transmitted, commercialized or distributed in any way, except as expressly permitted and provided you keep intact all copyright and other proprietary notices. Modification of the materials or use of the materials for any other purpose is a violation of Smart Medical Apps" or its content provider"s copyright and other proprietary rights. The use of any such material on any other website or networked computer environment is prohibited. All rights, title and interest in and to the materials on this site (including but not limited to all copyrights, trademarks, service marks, trade names and all derivative works) are owned or controlled by and shall remain at all time vested in Smart Medical Apps and its content providers.