TELSCOPE APP - Terms of Use

TELSCOPE END USER LICENCE AGREEMENT

TELSCOPE END USER LICENCE AGREEMENT
 Acceptance of this Licence Agreement 
The TelScope app (Licensed Application) is licensed, not sold, to you. Your licence
to the Licensed App is subject to your prior acceptance of this End User License
Agreement (Licence). Your licence to use the Licensed Application under this
Licence is granted by [name] (Licensor). The Licensor reserves all rights in and to
the Licensed Application not expressly granted to you under this Licence.
 Grant of licence
1.
1.
1. Subject to your compliance with these terms and conditions, the
Licensor grants you (You) a non-exclusive, non-transferable
licence to use the Licensed Application, accompanying software
and any accompanying electronic documentation solely for Your
lawful use.  
2. You will have the benefit of the Licence for any period for which
You has paid any applicable licence, subscription or other
access fee.
3. The Licensor warrants that it owns and possesses the right and
authority to license to and/or provide for Your use of the
Licensed Application free and clear of any encumbrances that
would interfere with Your rights granted through the License.

 Subscription Fee and Auto Renewal
1. The License is an annual recurring license.  The License will
renew automatically each year on its anniversary.  The first year
the License is free.  After the first year, the annual cost of the
License is USD99.90 (Subscription Fee).  You will be charged
this annual Subscription Fee automatically at the start of each
relevant year.
2. If you delete the Licensed Application or the License is
terminated in accordance with its terms, you will not be entitled
to a refund of the Subscription Fee or a portion of the
Subscription Fee for the unexpired part of the relevant year.

Your Obligations
You must not:
1. use the Licensed Application other than as provided for in this Licence;
2. make the Licensed Application available over a network where it could be
used by multiple devices at the same time;

3. access or attempt to access the source code or object code of the Licensed
Application;
4. copy (other than in the normal operation of the Licensed Application on the
system), reverse engineer, adapt, decompile, vary or modify the Licensed
Application or attempt to do so;
5. incorporate the Licensed Application in whole or in part in any other software
or develop derivative works of the Licensed Application, or allow others to do
so; or
6. distribute, lend, transfer, supply, provide, sell, sub-licence, rent, publically
display or otherwise make available the Licensed Application in whole or in
part, in any form, to any person.
Intellectual Property
You acknowledge and agree You do not have any rights in the intellectual property in
or associated with the Licensed Application other than pursuant to this Licence.
 Data Use
You agree that Licensor 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.  The Licensor 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.
 Limitations of Liability 
1.
1. You expressly acknowledge and agree that You use the Licensed
Application at Your sole risk.  To the maximum extent permitted by law,
the Licensed Application and any services performed by the Licensed
Application, are provided “as is” and “as available” with all faults and
without warranty of any kind.  The Licensor (and any related bodies
corporate) will not be liable to You for any loss or damage whatsoever
or howsoever caused arising directly or indirectly in connection with
this Licence, the Licensed Application, its use or otherwise, except to
the extent that such liability may not be lawfully excluded.
2. To the fullest extent permitted by law, the Licensor expressly excludes
all terms, representations and warranties that otherwise would be
implied by law into this agreement.
3. The Licensor expressly excludes liability for:
1. indirect, special, incidental or consequential loss or damage
which may arise in respect of this agreement or the Licensed
Application, its use, or in respect of other equipment or property;
and
2. loss of data, profit, business, revenue, goodwill or anticipated
savings,

arising out of or related to Your use of or inability to use the Licensed Application,
however caused, regardless of the theory of liability (contract, tort, or otherwise) and
even if Licensor has been advised of the possibility of such damages..
1. The Licensor gives no warranty or representation as to the accuracy of any
measurements derived using the Licensed Application. Measurements
derived using the Licensed Application may not be accurate and are provided
as an aid only for You or the clinician using the Licensed Application. You
must always verify, or ensure that the clinician verifies, the relevant
measurements before undertaking any intervention on the patient.
2. If any legislation implies into this agreement any term, condition or warranty
that cannot be lawfully excluded, then that term, condition or warranty will be
included in this agreement only to the extent required by the relevant
legislation, but each party’s liability in respect of any breach of that term,
condition or warranty will be limited to, at the option of the Licensor, to any
one or more of the following:
1. if the breach relates to goods:
1. the replacement of the goods or the supply of equivalent goods;
2. the repair of such goods; or
3. the payment of the cost of replacing the goods or acquiring
equivalent goods.
2. if the breach relates to services:
1. the supply of the services again; or
2. the payment of the cost of having the services supplied again.
3. To the maximum extent permitted by law, if for any reason the Licensor is
directly or indirectly liable to You for any loss or damage however caused
(including by the negligence of the Licensor) in connection with the Licensed
Application or this agreement, the maximum aggregate liability of the Licensor
is limited USD50.  
Termination
1. This Licence will automatically terminate if You breach a term of
this Licence.
2. The termination of this Licence does not affect the accrued
rights or remedies of the Licensor.

General
1. This Licence constitutes the entire agreement between the parties in
relation to the subject matter.  All prior discussions, undertakings,
agreements, representations, warranties and indemnities in relation to
that subject matter are replaced by this agreement and have no further
effect.
2. If a provision of this agreement is illegal or unenforceable, that
provision will be severed from this agreement and will not affect the
continued operation of the remaining provisions of this agreement.
3. The laws of the state of New South Wales, Australia govern this License.  You consent to the exclusive jurisdiction of the courts of New
South Wales, Australia, and waive any right to object to the jurisdiction
of those courts.