TERMS AND CONDITIONS
Mederi Services, LLC (Mederi) licenses you to use MySurgeon (the “Licensed Application”) subject to the terms and conditions of this Agreement.
Acknowledgment. You and Mederi acknowledge that this Agreement is concluded between You and Mederi only and not with Apple, and Mederi, not Apple, is solely responsible for the Licensed Application and the content thereof, subject to Mederi’s disclaimers in this Agreement. This Agreement does not provide for usage rules for Licensed Applications that are less restrictive than the usage rules set for Licensed Applications in, or otherwise be in conflict with, the App Store Terms of Service as of the Effective Date, which You and Mederi acknowledge having reviewed.
Scope of License. You, as an individual, are authorized to use MySurgeon only as contained in the Licensed Application solely for your own use in the United States and its territories. The license granted to You for the Licensed Application is limited to a non-transferable license to use the Licensed Applications on any iPhone, iPod or iPad touch that You own or control and as permitted by the Usage Rules set forth in the App Store Terms of Service. You may not share or use as a commercial product through an individual license. You may not sure single MySurgeon accounts with multiple users. Each my surgeon account is for single user use only.
No Maintenance or Support. You acknowledge there is no maintenance or support services with respect to the Licensed Application. Mederi and You also acknowledge that Apple has no obligation whatsoever to furnish any maintenance or support services with respect to the Licensed Application.
Prohibitions. You may not use, copy, modify, adapt, translate, reverse engineer, decompile or disassemble (except to the extent expressly permitted by applicable law despite this limitation) the Licensed Application, in whole or in part, or use the Licensed Application in any other manner except as expressly provided for in this Agreement. You agree that uses not authorized by this Agreement are expressly prohibited. These prohibitions include, without limitation, any use of the Licensed Application in any public computer-based information system, including the Internet or World Wide Web, and creating derivative works including translations. You may not sell, sublicense, assign, or transfer this Agreement or the Licensed Application to any party. Any attempt to sell, sublicense, assign, or transfer any of the rights, duties, or obligations hereunder is void and shall immediately terminate this Agreement and the license granted under it.
To the fullest extent permitted by law, you expressly acknowledge and agree that the use of the licensed application is at your sole risk, and the entire risk as to satisfactory quality, performance, accuracy and effort is with you, and the licensed application is provided “as is” without warranty of any kind, either expressed or implied, including, without limitation, the implied warranties of merchantability and fitness for a particular purpose and without any representation or warranty whatsoever including that the licensed application is non-infringing, accessible or uninterupted. to the fullest extent permitted by law, mederi disclaims responsibility and any liability for (i) any errors in the licensed application and any consequences, decisions, judgments or results attributable to or related to any uses, non-uses or interpretations of information or data contained in or not contained in the licensed application; (ii) any damage to your equipment or any other information or software or application you have; (iii) any interruption of any other service or application; and (iv) any other damage no matter the cause.
Mederi does not warrant that the data contained in the licensed application will meet your requirements or that the operation of the licensed application will be uninterrupted or without error. you acknowledge that the licensed application has not been developed according to your specifications and has not otherwise been custom-made.
Mederi does not directly or indirectly practice medicine or dispense medical services. the information in this licensed application is intended for quick identification of an appropriate preferences. this licensed application is not intended to replace the judgment of the individual in selection of an appropriate preferences for the surgeon or patient.
Limitation of Liability. Mederi shall not be liable, and disclaims any liability, for any claim, loss or damage, direct or indirect, including, without limitation, compensatory, consequential, incidental, indirect, special, exemplary or punitive damages of any kind whatsoever in connection with, as a result of, or arising: (i) out of the use of or inability to use the licensed application; (ii) from any interruption in availability; (iii) from any loss of data and/or from any equipment failure; (iv) from unauthorized access to or alteration of your transmissions or data; (v) out of the use of, reference to, or reliance on, the licensed application; (vi) out of any content, materials, accuracy of information, and/or quality of the licensed application; or (vii) out of any other matter relating to the licensed application.
Mederi is solely responsible for any product warranties whether express or implied by law to the extent not effectively disclaimed. in the event of any failure of the licensed application to conform to any applicable warranty, you may notify mederi, and mederi will refund the purchase price (if any) for the licensed application to you: and that, to the maximum extent permitted by applicable law, apple will have no warranty obligation whatsoever with respect to the licensed application, and no claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be mederi’s responsibility and may not be made against apple with respect to the licensed application. upon purchase of subscription the user has seven days from the date of transaction to request full refund, after that date no partial subscription refund will be issued.
In the event you are dissatisfied with, or dispute, this agreement or the licensed application, your sole right and exclusive remedy is to terminate your use of the licensed application, even if that right or remedy is deemed to fail of its essential purpose. you confirm the mederi has no other obligation, liability or responsibility to you or any other party.
To the maximum extent permitted by applicable law, your exclusive remedy and entire liability for any claim related to the subject matter of this agreement, whether in contract, warranty, tort, or any other legal theory, shall be limited to the total amount you paid for the licensed application provided hereunder upon which the liability is based.
Exclusions Permitted by Law Some jurisdictions do not allow the exclusion of certain warranties or conditions or the limitation or exclusion of liability for loss or damage caused by negligence, breach of contract or breach of implied terms, or incidental or consequential damages. accordingly, only the above limitations which are lawful in your jurisdiction will apply.
You and the Mederi acknowledge that Mederi, not Apple, is responsible for addressing any claims by You or any third party relating to the Licensed Application or for your possession and/or use of the Licensed Application, including, but not limited to: (i) product liability claims; (ii) any claim that the Licensed Application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
Intellectual Property Rights
You acknowledge that the Licensed Application, as well as any other information or materials made available to you by the Mederi, are valuable assets, trade secrets, trademark and/or copyrighted materials of the Mederi. Mederi retains all right, title, and interest in the Licensed Application provided to you.
You and the Mederi acknowledge that, in the event of any third party claim that the Licensed Application or Your possession and use of the Licensed Application infringes that third party’s intellectual property rights, Mederi not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.
You represent and warrant that (i) You are located within the United States or its territories; (ii) You are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” county; and (iii) You are not listed on any U.S. Government list of prohibited or restricted parties.
The license to use the Licensed Application as described in this Agreement is effective until terminated. This Agreement and the license granted under it shall be terminated (a) if you fail to comply with any term or condition of this Agreement; (b) at your option at any time by deleting all versions of the Licensed Application from all licensed devices and from within all corresponding iTunes’ libraries; or (c) at the option of the Mederi if there is an imposition of a governmental prohibition or restriction rendering it unlawful or jeopardizing the Mederi's rights to MySurgeon, including copyright. You agree that the Mederi will be awarded court costs and reasonable attorney fees if it prevails in any action or proceeding against you due to your breach of this Agreement. You agree upon termination for any reason to delete all versions of the Licensed Application from all licensed devices and from within all corresponding iTunes' libraries.
You shall be responsible for all sales, use or other taxes, except taxes based on the income of the Mederi. This Agreement as applicable to the Apple Service will be governed by the internal laws of the State of California without giving effect to its choice of law principles. Notwithstanding anything to the contrary, the copyright in MySurgeon shall be governed by the internal laws of the State of Texas without regard to choice of law principles. Nothing contained in this Agreement shall be deemed to constitute a joint venture, partnership or agency between parties. You acknowledge that you have read this Agreement, understand it and agree to be bound by its terms and conditions. You represent you have authority to enter into this Agreement on behalf of yourself or your organization, as applicable. You agree that this Agreement, along with all other applicable Apple agreements and requirements are the complete and only agreement between us which supersedes any proposal or prior agreement, oral or written, and any other communications between us relating to the subject matter of this Agreement. The delay or failure to assert a right hereunder shall not constitute a waiver of that right or excuse a subsequent failure to perform under this Agreement. You agree to take all steps necessary, by instruction, agreements or otherwise, to ensure compliance with the terms of the Agreement by your employees and agents. If any provision hereof is held to be unenforceable or contrary to public policy the parties agree that the remaining portions are enforceable. You may not assign any rights herein without the prior approval of the Mederi. Any attempted assignment shall be null and void.
Should you have any questions, complaints or claims with respect to the Licensed Application or this Agreement, You may contact the Mederi Services, LLC Intellectual Property Services.
Third Party Beneficiary
You and the Mederi acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of this Agreement, and that, upon Your acceptance of the terms and conditions of this Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement against You as a third party beneficiary thereof.
This Agreement shall be effective upon your installing and registering this application.