Mobile Applications and Downloads End User Licence Agreement
This End User Licence Agreement (EULA) sets out the terms of licence and use that apply to those applications for use on mobile devices (such as mobile phones, tablets and other devices), including any updates to those applications, and those electronic downloads (such as games, magazines, newspapers, e-books and other digital content publications) that we make available for download from the third party application store (respectively, Applications and Downloads).
These terms and conditions also apply to any of the services accessible through any Application, unless separate or additional terms apply, in which case they will be displayed on-screen or accessible via a link.
The Applications and Downloads are provided by Dem DX Limited (we, us and our). We are a limited company, registered in England. Our registered company number is 09573122, and our registered office is at 7 Crane Grove, London, United Kingdom, N7 8LB. Our VAT registration number is 9573122.
BY DOWNLOADING, ACCESSING AND/OR USING ANY APPLICATION OR DOWNLOAD, YOU CONFIRM THAT YOU ACCEPT AND AGREE TO BE BOUND BY THESE TERMS AND ACKNOWLEDGE THAT THEY CONSTITUTE A LEGALLY BINDING CONTRACT BETWEEN US AND YOU (AND, IF RELEVANT, ANY ORGANISATION ON WHOSE BEHALF YOU ARE ACTING). IF YOU ARE ACTING ON BEHALF OF ANY ORGANISATION, YOU CONFIRM THAT YOU HAVE THE REQUISITE AUTHORITY, POWER AND RIGHT TO FULLY BIND THAT ORGANISATION. IF YOU (OR, IF RELEVANT, YOUR ORGANISATION) DO NOT AGREE TO ALL OF THESE TERMS (OR IF YOU DO NOT HAVE THE RIGHT TO BIND YOUR ORGANISATION), YOU ARE NOT PERMITTED TO ACCESS OR USE ANY APPLICATION OR DOWNLOAD, AND YOU SHOULD NOT CLICK TO ACCEPT THESE TERMS AND YOU SHOULD NOT PROCEED FURTHER.
In this EULA, unless the context otherwise requires, all further references to you (and your, etc) means both you as an individual user and also the organisation on whose behalf you are acting (if any).
We reserve the right to change the terms of this EULA from time to time by changing them and notifying you (with the updated terms being displayed on-screen or with a link to the updated terms) when you next start the Application or download a new Download. These terms and conditions were last updated on [date].
What we do
The Application is a clinical support tool to be used by suitably qualified medical professionals as a learning aid in conjunction with your medical training, clinical skills, experience and knowledge.
DISCLAIMER – PLEASE READ
The Application and any Downloads must be used by suitably qualified medical professionals only. The Application and Downloads are intended as a support tool and learning aid only and are not a substitute for the clinical skills and judgement of a qualified medical professional. By downloading and using this Application and any Downloads, you confirm that you are a suitably qualified and appropriately trained medical professional.
We, the Application and the Download do not provide professional advice or medical services of any kind. The Application and any Downloads should not be relied on for accuracy of diagnosis or to determine any form of treatment for patients.
We provide no guarantee as to the accuracy of any content used or any information provided in the Application and any Download including but not limited to medical text, images, diagrams and/or clinical calculators. We do not warrant or guarantee that the information provided by the Application and Downloads will be error-free or accurate in any way.
The Application and Downloads is not a complete or comprehensive diagnostic tool. It is your sole responsibility to make your own clinical decisions. You are solely responsible for the care and outcomes of your patients.
The Application and Downloads can be used offline however this may limit accuracy and may not include information updates.
Access to the Applications and Downloads
Applications and Downloads may only be downloaded, accessed and used on a device owned or controlled by you and running the relevant operating system for which the Application or Download concerned was designed, so you must make sure you have a compatible device which meets all the necessary technical specifications to enable you to download any Application or Download you wish to download and to access and use each downloaded Application and Download.
You will be assumed to have obtained permission from the owner of any device that is controlled, but not owned, by you to download an Application or Download to that device. You accept responsibility, in accordance with this EULA, for all access to, and use of, any Application or Download by you on any device, whether or not it is owned by you.
You acknowledge that the mobile service provider for the device to which you download, or on which you access or use, any Application or Download may charge for internet access (including mobile data usage) on that device.
We may, from time to time, restrict download of an Application or access to certain features, functions or content of, or services accessible through, a downloaded Application or Download to users who have registered with us. You are not obliged to register with us, but if you do not do so, you will be unable to use the applicable features, functions or content of, or access the applicable services through, the relevant downloaded Application or Download (as the case may be). You must ensure that any registration details you provide are accurate.
If you choose, or you are provided with, a log-on ID (such as a username and password or other identifier) for accessing or using any Application or Download, you must treat such information as confidential and must not reveal it to anyone else. You are responsible for all activities that occur under your log-on ID and must notify us immediately of any unauthorised use of which you become aware. We reserve the right to disable any log-on ID, at any time, if in our opinion you have failed to comply with any of the provisions of this EULA or if any details you provide for the purposes of registering as a user prove to be false.
We cannot and do not guarantee the continuous, uninterrupted or error-free operability of any Application or Download or that any Application or Download will respond at a certain speed (since this depends on a number of factors outside our control).
Paid-for Applications, Downloads, and in-App purchases
The downloading of paid-for Applications (or upgrades), Downloads and optional “in-App” purchases (which may be available from time to time) will require you to pay a fee, the amount of which will be as set out either on the third party application store from which you download the relevant Application (or upgrade) or Download or, in the case of “in-App” purchases, within the relevant Application (as the case may be).
Where you pay to download any paid-for Application (or upgrade), Download or in-App purchase, we warrant that it will substantially comply with the description provided by us at the point of download and that any services we provide through it will be provided with reasonable care and skill.
What you are allowed to do
You may only use any Application or Download, if you are a business user, for the internal business purposes of your organisation, and only in accordance with this EULA (and in accordance with any applicable terms of any relevant third party service provider for the device to which you download, or on which you access or use, that Application or Download) and only for lawful purposes (complying with all applicable laws and regulations), and in a responsible manner.
Subject to the following sections, you may retrieve and display content from any Application or Download on a computer or mobile device and store that Application or Download in electronic form incidentally in the normal course of use of your browser or mobile device. Additional terms may also apply to certain features, parts or content of any Application or Download and, where they apply, will be displayed on-screen or accessible via a link.
What you are not allowed to do
Except to the extent expressly set out in this EULA, you are not allowed to:
- republish, redistribute or re-transmit any Application or Download;
- copy or store any Application or Download other than for your use as permitted by these terms and conditions and as may occur incidentally in the normal course of use of your browser or mobile device;
- store any Application or Download on a server or other storage device connected to a network or create a database by systematically downloading and storing any data other than User Content from any Application or Download;
- remove or change any content of any Application or Download other than User Content or attempt to circumvent security or interfere with the proper working of any Application or Download or any servers on which it is hosted;
- use any Application or Download in a way that might damage our name or reputation or that of any of our affiliates; or
- otherwise do anything that it is not expressly permitted by this EULA.
All rights granted to you under this EULA will terminate immediately in the event that you are in breach of any of them.
To do anything with any Application or Download that is not expressly permitted by this EULA, you will need a separate licence from us. Please contact us, using the Contact Us details at the end of this EULA.
Third party platform providers and application stores
Certain third party platform providers with whose devices and/or operating systems the Applications and Downloads have been designed to be compatible oblige us to include certain additional provisions in this EULA. These are set out at the end of this EULA under Additional third party terms. These provisions come from the relevant third party platform providers, not us.
Third party application stores are operated by the relevant third party platform providers and/or their affiliates. You must comply with all applicable terms of service, rules and policies applying to any third party application store from which you download any Application or Download. We are not responsible for these stores or (with the exception of the Applications and Downloads) for anything provided by them and do not guarantee that they will be continuously available.
Intellectual property rights
We license, but do not sell, to you any Application or Download you download. We remain the owners of all Applications and Downloads at all times.
All intellectual property rights in the Applications and Downloads and in any content of any Application or Download (including text, graphics, software, photographs and other images, videos, sound, trade marks and logos), other than User Content, are owned by us or our licensors. Except as expressly set out here, nothing in this EULA gives you any rights in respect of any intellectual property owned by us or our licensors and you acknowledge that you do not acquire any ownership rights by downloading any Application or Download or any content from any Application or Download.
Functionality and content
You agree that downloading, accessing and use of any Application or Download that is made available for download free of charge are on an ‘as is’ and ‘as available’ basis and at your sole risk.
We reserve the right to change the design, features and/or functionality of any Application or Download by making the updated Application or Download available for you to download or, where your device settings permit it, by automatic delivery of updates. You are not obliged to download any updated Application, but we may cease to provide and/or update content to prior versions of Applications and, depending on the nature of the update, in some circumstances you may not be able to continue using an Application until you have downloaded the updated version.
Where an Application makes content available, you acknowledge that such content may be updated at any time. We reserve the right to cease to provide and/or update content to any Application, with or without notice to you, if we need to do so for security, legal or, unless that content is part of a subscription you have paid for, any other reasons.
Whilst we try to make sure that content made available by any Application or Download consisting of information of which we are the source is correct, you acknowledge that certain Applications and Downloads may make content available which is derived from a number of sources, for which we are not responsible. In all cases, information made available by any Application or Download is not intended to amount to authority or advice on which reliance should be placed. You should check with us or the relevant information source before acting on any such information.
Except as expressly set out in this EULA, we make or give no representation or warranty as to the accuracy, completeness, currency, correctness, reliability, integrity, quality, fitness for purpose or originality of any content of any Application or Download and, to the fullest extent permitted by law, all implied warranties, conditions or other terms of any kind are hereby excluded. To the fullest extent permitted by law, we accept no liability for any loss or damage of any kind incurred as a result of you or anyone else relying on the content of any Application or Download.
We cannot and do not guarantee that any Application or Download or its content will be free from viruses and/or other code that may have contaminating or destructive elements. It is your responsibility to implement appropriate IT security safeguards (including anti-virus and other security checks) to satisfy your particular requirements as to the safety and reliability of any Application or Download and its content.
Your personal information
Use of your personal information submitted to us (whether via any Application) is governed by our Privacy and Cookies Policy. Additionally, by using any Application, you acknowledge that internet transmissions are never completely private or secure and that it is always possible that any message or information you send using any Application may be read or intercepted by others.
The Application allows you to submit user-generated content in the form of personalised notes, bookmarks to interesting pages you may want to refer back to, photos of pathologies to add to our extensive image collection (User Content). We do not control User Content submitted. You are solely responsible for User Content as submitted by you and acknowledge that all User Content expresses the views of its respective authors, and not our views.
If you submit any User Content, you must:
- not submit any User Content that is unlawful, threatening, abusive, libellous, pornographic, obscene, vulgar, indecent, offensive or which infringes on the intellectual property rights or other rights of any third party;
- not submit any User Content that contains any viruses and/or other code that has contaminating or destructive elements; and
- not impersonate, or misrepresent an affiliation with, any person or entity.
You agree that, by submitting any User Content, you grant us and our affiliates a perpetual, irrevocable, worldwide, non-exclusive, royalty-free and fully sub-licensable right and licence to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such User Content (in whole or part) and/or to incorporate it in other works in any form, media or technology, and you waive any moral rights you may have in, or to be identified as the author, of such User Content.
Whilst we do not pre-screen User Content, we reserve the right, in our sole discretion, to delete, edit or modify any User Content submitted by you and/or to close any discussion topic, at any time without notice to you.
Certain Applications and Downloads may, from time to time, include links to external sites, which may include links to third party offers and promotions. We include these to provide you with access to information, products or services that you may find useful or interesting. We are not responsible for the content of these sites or for anything provided by them and do not guarantee that they will be continuously available. The fact that we include links to such external sites does not imply any endorsement of or association with their operators or promoters.
Nothing in this EULA shall limit or exclude our liability to you:
- for death or personal injury caused by our negligence;
- for fraudulent misrepresentation;
- for breach of any term implied by the Consumer Rights Act 2015 and which, by law, may not be limited or excluded; or
- for any other liability that, by law, may not be limited or excluded.
Subject to this, if you are a consumer and not a business user, in no event shall we be liable to you for any business losses, and if you are a business user, in no event shall we be liable to you for any indirect or consequential losses, or for any loss of profit, revenue, contracts, data, goodwill or other similar losses, and any liability we do have for losses you suffer is strictly limited to losses that were reasonably foreseeable and shall not, in aggregate, exceed the if the relevant Application(s) and/or Download(s) was/were made available free of charge, the sum of £100.
We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations that is caused by events outside our reasonable control.
You may not transfer or assign any or all of your rights or obligations under this EULA.
All notices given by you to us must be given in writing to the address set out at the end of this EULA.
If we fail to enforce any of our rights, that does not result in a waiver of that right.
If any provision of this EULA is found to be unenforceable, all other provisions shall remain unaffected.
These terms and conditions may not be varied except with our express written consent.
These terms and conditions and any document expressly referred to in them represent the entire agreement between you and us in relation to their subject matter. We are required by law to advise you that any contract formed on the terms of this EULA may be concluded in the English language only and that no public filing requirements apply.
These terms and conditions shall be governed by English law, and you agree that any dispute between you and us regarding them or any Application will only be dealt with by the English courts, provided that, if you live in a part of the United Kingdom other than England, the applicable law of that part of the United Kingdom will govern and any dispute will only be dealt with by the courts there. Nothing shall prevent us from bringing proceedings to protect our intellectual property rights before any competent court.
Please submit any questions you have about this EULA or any problems concerning any Application or Download by email to firstname.lastname@example.org
Additional terms from third party platform providers
If any Application or Download that you download, access and/or use runs on Apple’s iOS operating system:
- that Application or Download may only be accessed and used on a device owned or controlled by you and using Apple’s iOS operating system, and only in accordance with Apple’s usage rules published in its App Store terms of service;
- you acknowledge and agree that:
- Apple has no obligation at all to provide any support or maintenance services in relation to that Application or Download. If you have any maintenance or support questions in relation to that Application or Download, please contact us, not Apple, using the Contact Us details in these terms;
- except as otherwise expressly set out in these terms, any claims relating to the possession or use of that Application or Download are between you and us (and not between you, or anyone else, and Apple);
- in the event of any claim by a third party that your possession or use (in accordance with these terms) of that Application or Download infringes any intellectual property rights, Apple will not be responsible or liable to you in relation to that claim; and
- although these terms are entered into between you and us (and not Apple), Apple, as a third party beneficiary under these terms, will have the right to enforce these terms against you;
- you represent and warrant that:
- you are not, and will not be, located in any country that is the subject of a United States Government embargo or that has been designated by the United States Government as a “terrorist supporting” country; and
- you are not listed on any United States Government list of prohibited or restricted parties; and
- if that Application or Download does not conform to any warranty applying to it, you may notify Apple, which will then refund the purchase price of that Application or Download (if any) to you. Subject to that, and to the maximum extent permitted by law, Apple does not give or enter into any warranty, condition or other term in relation to that Application or Download and will not be liable to you for any claims, losses, costs or expenses of whatever nature in relation to that Application or Download or as a result of you or anyone else using that Application or Download or relying on any of its content.