mediGrid EULA

PLEASE READ CAREFULLY BEFORE USING IRISS mediGrid

This End User Licence Agreement (“EULA”) is a legal agreement between you (“you” or “your”) and IRISS Medical Technologies Limited of Acre House, 11-15 William Road, London, United Kingdom, NW1 3ER (“us”, “we”, “our” or “IRISS”) for the IRISS mediGrid application software (“App”) and the associated on-line services (“Services”).

We licence use of the App to you on the basis of this EULA and subject to any rules or policies applied by any appstore provider or operator from whose location (“Appstore”) you downloaded the App (“Appstore Rules”). The Appstore Rules include Apple’s App Store Terms of Service, including the Usage Rules in these terms (“Usage Rules”), which can be found at https://www.apple.com/legal/internet-services/itunes/uk/terms.html#APPS. We do not sell the App to you. We remain the owners of the App at all times.

This App may be used on Apple branded products running the iOS operating system, such as iPhone, iPad and iPod Touch (“Devices”). While the App will reside on your device, you will need internet access in order to upload data, receive formatted reports and to benefit from other functionality and updates.

1 IMPORTANT NOTICE:
1.1 The App and all of the Services are designed to be used by Medical professionals.
1.2 By downloading the App you agree to the terms of this licence. The terms of the licence include, in particular, our Privacy Policy.
1.3 This does not affect your consumer rights.
1.4 You should print a copy of this EULA for future reference.

2 AGREED TERMS AND ACKNOWLEDGEMENTS:
2.1 The terms of this EULA apply to the App and to all of the functionality and Services associated with, or accessible through the App, including any updates that replace or supplement the App or any Service, unless they come with separate terms, in which case those terms apply. If any open-source software is included in the App or any Service, the terms of the open-source licence may override some of the terms of this EULA.
2.2 We may change these terms at any time by sending you an email or in-App message with details of the change. The new terms may be displayed on-screen and you may be required to read and accept them to continue your use of the Services.
2.3 From time to time updates to the App may be issued through the Appstore. Depending on the update, you may not be able to use the Services until you have downloaded the latest version of the App and accepted any new terms.
2.4 You will be assumed to have obtained permission from the owners of any Devices that are controlled, but not owned, by you to download a copy of the App onto these Devices. You and they may be charged by your and their service providers for internet access on the Devices. You accept responsibility in accordance with the terms of this EULA for the use of the App or any Service on or in relation to any Device, whether or not it is owned by you.
2.5 The terms of our privacy policy, available at http://www.irissmedical.com/privacy/ (“Privacy Policy”) are incorporated in to this EULA by reference and apply to your use of the App and Services. Additionally, by using the App or any Service, you acknowledge and agree that internet transmissions are never completely private or secure. You understand that any information you send using the App or any Service may be intercepted and read by others, even if there is a special indication that a particular transmission is encrypted.
2.6 By using the App or any of the Services, you consent to us collecting and using technical information about the Devices and related software, hardware, images and peripherals to facilitate the provision of software updates or otherwise to improve our provision of products and Services to you.
2.7 You are responsible for ensuring you comply with all applicable laws in your location in relation to your downloading and use of the App and Services. IN PARTICULAR BUT NOT LIMITED TO PATIENT PRIVACY LEGISLATION IN YOUR JURISDICTION. If we become aware of any legal or other risk associated with the availability of the App or the Services, whether in a particular location or more generally, we reserve the right to change, suspend, withdraw or disable access to the App or Services at any time without notice, and we shall have no liability to you in respect of such action.
2.8 You represent and warrant that:
2.8.1 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 country”;
2.8.2 You are not included on any U.S. Government list of prohibited or restricted parties; and
2.8.3 You will not use the App or any of the Services for any purposes prohibited by international law, including the development, design, manufacture or production of nuclear, chemical or biological weapons.
2.9 Any words following the terms ‘including’, ‘include’, ‘in particular’ or ‘for example’ or any similar phrase shall be construed as illustrative and shall not limit the generality of the related words.

3 TERMS RELATING TO APPLE:
3.1 We and you both acknowledge and agree that:
3.1.1 The EULA is concluded between you and IRISS only, and not with Apple;
3.1.2 We, not Apple, are solely responsible for the App and the content thereof;
3.1.3 Apple has no obligation whatsoever to furnish any maintenance or support services with respect to the App;
3.1.4 In the event of any third party claim that the App or your possession and use of the App infringes that third party’s intellectual property rights, we, and not Apple, will be solely responsible for the investigation, defence, settlement and discharge of any such intellectual property infringement claim;
3.1.5 We, not Apple, are responsible for addressing any claims made by you or any third party relating to the App or your possession or use of the App, including, but not limited to: (i) product liability claims; (ii) Any claim that the App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation;
3.1.6 Apple, and Apple’s subsidiaries, are third party beneficiaries of this EULA, and that, upon your acceptance of the terms and conditions of the EULA, Apple will have the right (and will be deemed to have accepted the right) to enforce the EULA against you as a third party beneficiary thereof.
3.2 In the event of any failure of the App to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price of the App to you, if any price has been paid. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be our sole responsibility.

4 SCOPE OF LICENCE:
4.1 In consideration of you agreeing to the terms of this EULA, we grant you a non-transferrable, non-exclusive licence to use the App and any of the Services on the Devices, subject to these terms, the Privacy Policy, the Appstore Rules and the Usage Rules, all of which are incorporated in to this EULA by reference. We reserve all other rights.
4.2 You may download a copy of the App to any compatible iPhone, iPad or iPod Touch that you own or control for your personal purposes only, and as permitted by the Usage Rules.

5 NO WARRANTY:
5.1 YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE APP AND ANY OF THE SERVICES IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE APP AND ANY SERVICES PERFORMED OR PROVIDED BY THE APP ARE PROVIDED “AS IS” AND “AS AVAILABLE”, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND WE HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE APP AND ANY SERVICES, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. WE DO NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE APP, THAT THE FUNCTIONS CONTAINED IN, OR SERVICES PERFORMED OR PROVIDED BY, THE APP WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE APP OR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE APP OR SERVICES WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY US OR OUR AUTHORISED REPRESENTATIVE SHALL CREATE A WARRANTY. SHOULD THE APP OR SERVICES PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU.

6 LIMITATION OF LIABILITY:
6.1 TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL WE BE LIABLE FOR PERSONAL INJURY, OR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE APP OR ANY OF THE SERVICES, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE) AND EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. In no event shall our total liability to you for all damages (other than as may be required by applicable law in cases involving personal injury) exceed the amount of fifty US dollars (USD50.00). The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.

7 RESTRICTIONS:
7.1 You may not:
7.1.1 Disassemble, decompile, reverse-engineer or create derivative works based on the whole or any part of the App.
7.1.2 Distribute or make the App or any of the Services available over a network where it could be used by multiple devices at the same time.
7.1.3 Rent, lease, lend, sell, redistribute or sublicense the App or any of the Services.
7.1.4 Copy (except as expressly permitted by this license and the Usage Rules), decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the App, Services, any updates, or any part thereof (except as and only to the extent any foregoing restriction is prohibited by applicable law or to the extent as may be permitted by the licensing terms governing use of any open sourced components included with the Licensed Application).
7.1.5 Transmit any material that is defamatory, offensive or otherwise objectionable in relation to your use of the App or any of the Services.
7.1.6 Use the App or any Service in a way that could damage, disable overload, impair or compromise our systems or security or interfere with other users.
7.2 Any attempt to do so is a violation of our rights. If You breach any of these restrictions, you may be subject to prosecution and damages.

8 US GOVERNMENT USE:
The App, Services and related documentation are “Commercial Items”, as that term is defined at 48 C.F.R. §2.101, consisting of “Commercial Computer Software” and “Commercial Computer Software Documentation”, as such terms are used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202, as applicable. Consistent with 48 C.F.R. §12.212 or 48 C.F.R. §227.7202-1 through 227.7202-4, as applicable, the Commercial Computer Software and Commercial Computer Software Documentation are being licensed to U.S. Government end users (a) only as Commercial Items and (b) with only those rights as are granted to all other end users pursuant to the terms and conditions herein. Unpublished-rights reserved under the copyright laws of the United States.

9 COMMUNICATIONS BETWEEN US:
9.1 If you wish to contact us with questions, complaints or claims in relation to the App, any of the Services or this EULA, please do so using one of the following methods:
9.1.1 By post to: IRISS Medical Technologies Limited, Acre House, 11-15 William Road, London, United Kingdom, NW1 3ER.
9.1.2 By email to: support@irissmedical.com

10 MISCELLANEOUS:
10.1 We may transfer our rights and obligations under this EULA to another organisation, this will not affect your rights under this EULA.
10.2 You may only transfer your rights or obligations under this EULA to another person if we agree in writing.
10.3 Each of the conditions of this EULA operates separately. If any court or competent authority decides that any of them are unlawful or unenforceable, the remaining conditions will remain in full force and effect.
10.4 This EULA is governed by English law. However, we shall have the right to bring proceedings in any jurisdiction.

Last updated 23 September 2016.