Please, read this carefully before using our software and/or services.
Last revised on March 15, 2023
IMED CLOUD SERVICES END USER LICENSE AGREEMENT
THIS END USER LICENSE AGREEMENT (“EULA”) IS A LEGAL AGREEMENT BETWEEN YOU (“YOU”, “YOUR”, “USER”, “END USER”) AND IMED CLOUD SERVICES (“IMEDCLOUD”, “WE”, “OUR”, “US”).
IMEDCLOUD PROVIDES YOU WITH THE IMEDCLOUD APPLICATION, INCLUDING BUT NOT LIMITED TO, ANY CONTENT, FEATURES, FUNCTIONALITY, SERVICES, AND SOFTWARE PROVIDED BY IMEDCLOUD, WHICH MAY INCLUDE ACCESS TO THIRD PARTY SERVICES (COLLECTIVELY, “SERVICE”).
YOU ACKNOWLEDGE THAT THIS EULA IS A BINDING CONTRACT BETWEEN YOU AND IMEDCLOUD AND THAT BY ACCESSING OR USING THE SERVICE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS EULA. IF YOU DO NOT AGREE TO THESE TERMS, PLEASE DO NOT USE THE SERVICE.
Subject to the terms and conditions of this EULA, IMEDCLOUD hereby grants you a nonexclusive, non-transferable, revocable right and license to access and use the Service solely for your own personal, non-commercial purposes.
You agree that IMEDCLOUD may collect and use technical data and related information including but not limited to technical information about your device, system and application software, and peripherals that is gathered periodically to facilitate the provision of software updates, product support, and other services to YOU (if any) related to the Licensed Application. IMEDCLOUD may use this information, as long as it is in a form that does not personally identify you, to improve its products or to provide services or technologies to you.
You agree that you will not:
(a) modify, adapt, translate, reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the Service;
(b) create derivative works based on the Service;
(c) use the Service for any commercial or business purpose;
(d) rent, lease, loan, sell, resell, distribute or otherwise transfer or exploit the Service or any part thereof;
(e) remove any proprietary notices or labels on the Service; or
(f) use the Service in any manner that violates any applicable laws or regulations.
You acknowledge and agree that IMEDCLOUD owns all right, title and interest in and to the Service, including without limitation all intellectual property rights. You agree that you will not do anything to interfere with or reduce IMEDCLOUD’s rights in and to the Service.
IMEDCLOUD reserves the right, at any time and from time to time, to modify or discontinue, temporarily or permanently, the Service or any part thereof with or without notice. You agree that IMEDCLOUD will not be liable to you or any third party for any modification, suspension or discontinuance of the Service or any part thereof.
IMEDCLOUD MAKES NO REPRESENTATION OR WARRANTY WITH RESPECT TO THE SERVICE OR ANY PART THEREOF. THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE” WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. IMEDCLOUD HEREBY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
IMEDCLOUD SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES ARISING OUT OF OR IN CONNECTION WITH THIS EULA OR THE USE OF OR INABILITY TO USE THE SERVICE, EVEN IF IMEDCLOUD HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
This EULA is effective until terminated. IMEDCLOUD may terminate this EULA at any time for any reason or no reason, with or without notice to you. You may terminate this EULA by ceasing all use of the Service and deleting all copies of the Service from your computer or device. Upon termination of this EULA, all rights and licenses granted to you shall immediately terminate and you shall have no further rights with respect to the Service.
This EULA represents the entire agreement between you and IMEDCLOUD regarding the Service and supersedes all prior or contemporaneous agreements, representations, and understandings between you and IMEDCLOUD. This EULA may be amended only by a writing signed by both parties. If any provision of this EULA is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. The failure of IMEDCLOUD to act with respect to a breach by you or others does not waive IMEDCLOUD’s right to act with respect to subsequent or similar breaches. This EULA will be binding upon and will inure to the benefit of the parties, their successors, and permitted assigns.
This EULA will be governed by and construed in accordance with the laws of the State of California, without regard to its conflict of laws provisions. Any action or proceeding arising out of or related to this EULA must be brought in a court of competent jurisdiction in the State of California, and the parties hereby agree to submit to the personal and exclusive jurisdiction of the courts located within the County of San Francisco.
If you are a citizen of any European Union country or Switzerland, Norway or Iceland, the governing law and forum shall be the laws and courts of your usual place of residence.
If you have any questions or comments regarding this EULA, please contact us using the information below.