This Application is provided as reference and do not include expert opinion from
developers of Aortic Surgery Guidelines Application.
Read these terms of use ("LICENSE AGREEMENT") carefully before tapping on the "I agree" button. By tapping on the "I agree" button, you acknowledge having read and understood this license agreement. You confirm your acceptance of the terms and conditions of this license agreement, and you agree to be bound by all such terms and conditions as of the date of such acknowledgment and acceptance ("effective date").
Aortic Surgery Guidelines Application is willing to grant access to this software only to parties that accept all the terms and conditions of this license agreement. If you do not agree to all such terms and conditions, Aortic Surgery Guidelines Application is unwilling to license and grant access to the software to you, and you should discontinue access. "Software" as used herein shall mean the computer / smartphone software owned and / or distributed by Aortic Surgery Guidelines Application and distributed herewith and associated source code and object code and media.
"you" and "your" as used herein shall mean (a) the business entity (and its authorized representatives) or individual, as the case may be, using the software; provided, however, that such individual is at least 18 years of age or otherwise has the requisite capacity to contract under applicable law; or (b) if such individual is not at least 18 years of age or otherwise has the requisite capacity to contract under applicable law, such user's parent, legal guardian, or other adult responsible for such user on such user's behalf.
1. License: The Software is licensed only, not sold. Subject to the terms and conditions, and for the Term (defined below), hereof, Aortic Surgery Guidelines Application grants you, and you hereby accept from Aortic Surgery Guidelines Application, a limited, personal, non-exclusive, non-transferable, non-sublicensable license to use the object code version of the Aortic Surgery Guidelines Application Software solely for your own internal, lawful business purposes or personal use, as the case may be. Aortic Surgery Guidelines Application may, from time to time, provide you with updates or revisions to the Aortic Surgery Guidelines Application Software, but is not obligated to do so under this License Agreement. The terms of this License Agreement shall govern any updates or revisions to software provided by Aortic Surgery Guidelines Application which is not subject to a separate license agreement.
2. Ownership: Aortic Surgery Guidelines Application owns all right, title and interest in and to the Aortic Surgery Guidelines Application Software, including without limitation all patent, trademark, copyright, trade secret, moral rights, and other intellectual property (collectively, "Intellectual Property") rights and reserves all rights not expressly granted hereunder. This License Agreement does not convey to you an interest in or to the Software, but only a limited, revocable right to use the Software in accordance with the terms of this License Agreement. You agree that any modifications or enhancement to the Software, or derivative works based upon the Software, developed by or on behalf of you with or without advice or support by Aortic Surgery Guidelines Application, by Aortic Surgery Guidelines Application for you, or by or on behalf of any other party shall be the exclusive property of Aortic Surgery Guidelines Application. In the event that, by operation of law or otherwise, any right, title or interest in or to the Software or any such enhancements, modifications, or derivative works of the Software vests in you or any employees, officers, directors agents, or other representatives (collectively, "Representatives") of yours, you hereby irrevocably, unconditionally, and without encumbrance of any kind assign to Aortic Surgery Guidelines Application, and forever waive and agree never to assert, and shall cause all such Representatives of yours to irrevocably, unconditionally, and without encumbrance of any kind assign to Aortic Surgery Guidelines Application and forever waive and agree never to assert, all such right, title, and interest. In addition, you shall, and shall cause all such Representatives, to execute all documents, and undertake all other activities, reasonably required by Aortic Surgery Guidelines Application in order to vest all such right, title, and interest in Aortic Surgery Guidelines Application. You acknowledge and agree that each and every such Representative who accesses or uses the Software, or to whom any Aortic Surgery Guidelines Application Software is disclosed or provided, as required in the performance of your duties and obligations or the exercise of your rights hereunder, shall, prior to such access, use, disclosure, or provision, execute a written agreement with you that imposes on such Representative obligations and use restrictions with respect to Aortic Surgery Guidelines Application Software that are substantially similar to those imposed on you hereunder and wherein each such Representative irrevocably and unconditionally assigns to you and forever waives and agrees never to assert any and all right, title, and interest, including, but not limited to, Intellectual Property rights, in and to all subject matter conceived, created, or developed by such Representatives and arising out of or related to such Representative's use of, access to, or knowledge of the Aortic Surgery Guidelines Application Software, as the case may be.
3. Term; Termination: This License Agreement shall take effect on the Effective Date and shall continue until terminated as provided herein or by mutual agreement of the parties ("Term"). Without prejudice to any other rights of Aortic Surgery Guidelines Application, this License Agreement shall terminate effective immediately if you (i) violate any of the terms of this License Agreement; or (ii) assign or attempt to assign this License Agreement in contravention of the terms hereof. In the event of any such termination, you must immediately cease all use, and destroy the original and all copies of, the Software, and, not later than five (5) business days after such termination takes effect, you shall certify in writing to Aortic Surgery Guidelines Application that such destruction has been completed. The provisions of Sections 2, 3, 4, 5 and 6 shall survive any termination or expiration of this License Agreement.
4. Limitation of Liability: except to the extent, if any, not permitted by applicable law, in no event shall any content contributors (collectively, "author") and / or Aortic Surgery Guidelines application (the "developer") be liable to any party for direct, indirect, special, incidental, or consequential damages, including lost profits, arising out of the use of this software and its documentation, even if the author and / or developer have been advised of the possibility of such damage.
5. Warranty: the author and developer specifically disclaim any warranties, including, but not limited to, the implied warranties of merchantability and fitness for a particular purpose. The software provided hereunder is on an 'as is' basis, and the author and developer have no obligations to provide maintenance, support, updates, enhancements, or modifications.
6. Additional Terms: The content provided is not meant to be a substitute for professional advice and is not to be used for medical diagnosis and / or medical treatment. Aortic Surgery Guidelines Application makes no guarantee of validity regarding recommendations for management of thoracic aortic disease. Medicine is an ever-changing science. As new research and clinical experience broaden our knowledge, changes in treatment and drug therapy are required. In view of the possibility of human error or changes in medical sciences, neither the author nor the developer warrant that the information contained in this software is in every respect accurate or complete, and they are not responsible for any errors or omissions or the results obtained from the use of such information. Extensive effort has been exerted to make this software as accurate as possible. However, the accuracy and completeness of the information provided by this software cannot be guaranteed. This software is to be used as a guide only, and healthcare professionals should use sound clinical judgement and individualize therapy to each specific patient care situation. The author the developer make no claims whatsoever, expressed or implied, about the authenticity, accuracy, reliability, completeness or timeliness of the material, calculations, software, text, graphics and links given.