End User License Agreement (“EULA”) for the Tivatrainer Application
The Tivatrainer application (“Tivatrainer app”) is provided to you by Gutta BV, Alberdingk thijmlaan 45, Aerdenhout, The Netherlands, Chamber of Commerce registration number: 28072519, under the conditions as set out herein. You agree that by accessing and/or using the Tivatrainer app, you agree to these terms. LICENSE Subject to the terms of this EULA, we hereby grant you a limited, personal, non-commercial, non-exclusive, non-sub licensable, non-assignable, license to use the Tivatrainer app and use the Tivatrainer app on your IOS Mobile Device, for [simulation of intravenous drug concentrations]. You will not sell, sublicense, assign, lease, distribute, export, import, act as an intermediary or provider, or otherwise grant rights to third parties. You will not undertake, cause, permit or authorize the copying, modification, creation of derivative works, translation, reverse engineering, decompiling, disassembling or hacking of the Tivatrainer app which we have provided to you, nor will you attempt to create the source code from the object code of the Tivatrainer app. USE You agree that you shall only use the Tivatrainer app in a manner that complies with all applicable laws and regulations in the jurisdictions in which you use the Tivatrainer app, including, but not limited to, applicable restrictions concerning privacy, copyright and other intellectual property rights. You shall not reproduce, use, block, overwrite, copy distribute, intercept, damage or monitor any content of Tivatrainer app by using any robot, spider, search engine or any other automatic mechanism. You shall not take any action that will or could harm other entities or persons. You agree to abide by the terms and conditions of this EULA. You shall be completely responsible for all charges, fees, duties, taxes and assessments arising out of the use of the Tivatrainer. You acknowledge and agree that the entire risk arising out of the use or performance of the Tivatrainer app remains with you, to the maximum extent permitted by law. You agree to indemnify us against all liabilities, claims and expenses that may arise from any breach of these terms by you resulting from you accessing or using Tivatrainer app.INTELLECTUAL PROPERTY RIGHTS
You acknowledge and agree that any and all intellectual property rights are and shall remain the exclusive property of [GuttaBV] and/or its suppliers or licensors. Nothing in this EULA intends to transfer any intellectual property rights to you, or to vest any intellectual property rights in you. You are only entitled to the limited use of the intellectual property rights granted to you in this EULA. You will not take any action to jeopardize, limit or interfere with the intellectual property rights. You acknowledge and agree that any unauthorized use of the intellectual property rights is a violation of this EULA as well as a violation of intellectual property laws, including without limitation copyright laws and trademark laws. You agree that you will not remove, obscure, make illegible or alter any notices or indications of the intellectual property rights and ownership thereof.LIABILITY DISCLAIMER
No warranty: You expressly acknowledge and agree that use of the Tivatrainer app 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 Tivatrainer app and any services performed or provided by Tivatrainer app ("Services") 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 Tivatrainer 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 licensed application, that the functions contained in, or services performed or provided by, the Tivatrainer app will meet your requirements, that the operation of the Tivatrainer app or Services will be uninterrupted or error-free, or that defects in the Tivatrainer app or Services will be corrected. No oral or written information or advice given by our authorized representative or us shall create a warranty. Should the Tivatrainer app or Services prove defective, you assume the entire cost of all necessary servicing, repair or correction. Limitation of liability: 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 licensed application, 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. 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 EUR 50 (fifty euros). As some jurisdictions do not allow some of the exclusions or limitations of liability as set forth above, some of these exclusions or limitations may not apply to you. In such event the liability will be limited as far as legally possible under the applicable legislation.Medical dosage information displayed in the Tivatrainer app is for general informational purposes only and is not intended to be relied upon as dosage advice. Before executing any medical actions or treatments, you should always consult with a medical expert or the pharmaceutical company producing the medicines.
THIRD PARTY MATERIALS
The Tivatrainer app may display, include or make available content, data, information, applications or materials from third parties (“Third Party Materials”) or provide links to certain third party web sites. By using the Tivatrainer app, You acknowledge and agree that we are not responsible for examining or evaluating the content, accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect of such Third Party Materials or web sites. We do not warrant or endorse and do not assume and will not have any liability or responsibility to You or any other person for any Third-party Materials. Third Party Materials and links to other web sites are provided solely as a convenience to you. To the extent you choose to access such Third Party Materials, You do so at Your own initiative and are responsible for compliance with any applicable laws, including but not limited to applicable local laws.
Neither we, nor any of our content providers, guarantee the availability, accuracy, completeness, reliability, or timeliness of information or data displayed by any Tivatrainer app or Service.
USE OF DATA
You agree that we 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 Tivatrainer app. We 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.GENERAL
We reserve the right to changes these terms at any time. You are responsible for regularly reviewing these terms that are on a continuous basis put at the disposal of you by including them in the Tivatrainer app. Continued use of the Tivatrainer App following any such changes shall constitute your acceptance of such changes.
The terms of this EULA will govern any upgrades provided by us that replace and/or supplement the original Tivatrainer App, unless such upgrade is accompanied by a separate license in which case the terms of that license will govern.
We reserve the right to make and have made any and all changes to the Tivatrainer App at our sole discretion without notice to you. We reserve the right to, at our sole discretion, deny (temporary) access to the Tivatrainer App to anyone at anytime.
This terms refer only to the use of the Tivatrainer App and Services provided therein, separate terms and conditions might apply to goods and services obtained through the Tivatrainer App.
These terms shall be governed by and construed in accordance with the laws of the Netherlands. You consent to the exclusive jurisdiction of the courts of The Netherlands.