Licence and Acceptable Use. 4.1 The Platform and the Services are intended to be used as a communication tool between healthcare companies (and their representatives and healthcare professionals only. The Licensor hereby grants to the User from the date of supply of the Software to the User a non- exclusive worldwide licence to display and use the Software on any device of the User which can access the App Store, subject to the limitations and prohibitions set out and referred to in this Clause 4. 4.2 Save to the extent expressly permitted by this ▇▇▇▇ or required by applicable law on a non- excludable basis, any licence granted under this Clause 4 shall be subject to the following prohibitions: (a) the User must not sell, resell, rent, lease, loan, supply, publish, distribute or redistribute the Software, nor use it for the benefit of any third party; (b) the User must not alter, edit or adapt the Software; and (c) the User must not decompile, de-obfuscate or reverse engineer, or attempt to decompile, de-obfuscate or reverse engineer, the Software. 4.3 When using the Platform to access the Services, the User agrees to abide by the conditions set out in this clause 4.3: 4.3.1 the User must be a healthcare professional who is at least 18 years of age a physician, a medical student, or other healthcare professional and you agree that any information you provide to us in connection with your account registration is accurate and complete and that the Licensor may use such information to provide the Services; 4.3.2 the User must not use the Services in any way that causes, or may cause, damage to the Services or impairment of the availability or accessibility of the Services; 4.3.3 any and all User Data must comply with the provisions of this clause 4.3; 4.3.4 the User must not use the Services in any way that is unlawful, illegal, fraudulent, deceptive or harmful; or in connection with any unlawful, illegal, fraudulent, deceptive or harmful purpose or activity; 4.3.5 The User is responsible for ensuring that when using the Services, he or she acts in compliance with all applicable laws, including without limitation, any laws, regulations or professional rules relating to patient privacy, medical care or treatment, including the UK GDPR, GDPR and HIPAA, and agrees to limit use of personally identifiable User Data on the Services to the minimum necessary to accomplish the intended purpose of such use in connection with the Services, and shall not in any event use the Services for the sharing of PHI unless the User has first entered into a business associate agreement with the Licensor, a copy of which is available at ▇▇▇▇▇://▇▇▇.▇▇▇▇▇.▇▇/baa; and the Licensor accepts no responsibility for the actions or inactions of the User in this regard; 4.3.6 User Data must be for the purposes of providing professional services only and must not be illegal or unlawful, must not infringe any person's legal rights, and must not be capable of giving rise to legal action against any person (in each case in any jurisdiction and under any applicable law); 4.3.7 any User Data and its use by the Licensor in any manner licensed or otherwise authorised by the User, must not be libelous nor maliciously false nor obscene nor indecent; 4.3.8 any User Data and its use by Licensor in any manner licensed or otherwise authorised by the User must not infringe any copyright, moral right, database right, trade ▇▇▇▇ right, design right, right in passing off, or other intellectual property right, nor infringe any right of confidence, right of privacy or right under data protection legislation; 4.3.9 User Data should not constitute negligent advice nor contain any negligent statement; 4.3.10 User Data should not constitute an incitement to commit a crime, instructions for the commission of a crime or the promotion of criminal activity; 4.3.11 use of User Data must not be in contempt of court, or in breach of any court order, nor constitute a breach of racial or religious hatred or discrimination legislation; it should not be blasphemous or constitute a breach of official secrets legislation or constitute a breach of any contractual obligation owed to any person; 4.3.12 the User must ensure that any User Data is not, and has never been, the subject of any threatened or actual legal proceedings or other similar complaint; 4.3.13 User Data must be appropriate for all persons who have access to it or who are likely to have access to it 4.3.14 User Data must not be untrue, false, inaccurate or misleading; 4.3.15 User Data must not consist of or contain any advice, instructions or other information that may be acted upon and could, if acted upon, cause death, illness or personal injury, damage to property, or any other loss or damage; 4.3.16 User Data must be appropriate, civil and tasteful, and accord with generally accepted standards of etiquette and behaviour on the internet and the Platform may not be used for the promotion of any illegal activity or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age; 4.3.17 User Data must not be offensive, deceptive, threatening, abusive, harassing, menacing, hateful, discriminatory or inflammatory; 4.3.18 User Data must not be liable to cause annoyance, inconvenience or needless anxiety; 4.3.19 the User must not use the Services to send any hostile communication or any communication intended to insult, including such communications directed at a particular person or group of people; 4.3.20 the User must not use the Services for the purpose of deliberately upsetting or offending others and should at all times be courteous and polite to other users of the Services; 4.3.21 User Data placed onto the Platform must not constitute or contain spam, and the User must not use the Services to store or transmit spam which, for these purposes, shall include all unlawful marketing communications and unsolicited commercial communications; 4.3.22 the User must not use the Services in any way which is liable to result in the blacklisting of any of the Licensor’s IP addresses; 4.3.23 unless the User has the appropriate regulatory licenses to do so in any relevant jurisdiction, the User must not use the Services for any purpose relating to the offering for sale, sale or distribution of drugs or pharmaceuticals and the Licensor accepts no responsibility for the use of the Services by the User in this way; 4.3.24 information made available through the Services is provided for informational purposes only and is not intended to be a substitute for the professional judgment of a healthcare professional when diagnosing or treating a patient. Users of the Service are solely responsible for evaluating the information obtained through the Service and for their decision to use such information in making any treatment decisions or otherwise. The Licensor is not responsible or liable for any claim, loss or damage arising from the use of any information exchanged between users of its Platform; 4.3.25 in providing the Services, the Licensor does not recommend or endorse any specific drugs, tests, healthcare providers, products, procedures, opinions, “off-label” drug uses or other information that may be referred to by any user of the Services and the Licensor assumes no responsibility for such information; 4.3.26 the User acknowledges that the Licensor may actively monitor the User Data and the User’s use of the Services, but is under no obligation to do so; 4.3.27 the Licensor reserves the right, without any prior notice being given to User, to remove any User Data that Licensor determines in its sole discretion violates this ▇▇▇▇ or which it may threaten the personal safety of any user of the Platform or the public, or where such Content may create liability for the Licensor. The Licensor shall not be liable to the User where such actions are taken; 4.3.28 the User must not conduct any systematic or automated data scraping, data mining, data extraction or data harvesting, or other systematic or automated data collection activity, by means of or in relation to the Services; 4.3.29 the User must not link to any material using or by means of the Services that would, if it were made available through the Services, constitute a breach of any of the provisions of this clause 4; 4.3.30 the User must ensure that User Data does not contain or consist of, and the User must not promote, distribute or execute by means of the Services, any viruses, worms, spyware, adware or other harmful or malicious software, programs, routines, applications or technologies; 4.3.31 the Content must not contain or consist of, and the User must not promote, distribute or execute by means of the Services, any software, programs, routines, applications or technologies that will or may have a material negative effect upon the performance of a computer or introduce material security risks to a computer; and 4.3.32 the User may not re-publish any content made available through the Services including, without limitation, content posted by other Users of the Services, without the express permission of such other User or the Licensor, as applicable.
Appears in 1 contract
Sources: End User License Agreement
Licence and Acceptable Use. 4.1 The Platform and the Services are intended to be used as a communication tool between healthcare companies (and their representatives representatives) and healthcare professionals only. The Licensor hereby grants to the User from the date of supply of the Software to the User a non- non-exclusive worldwide licence to display and use the Software on any device of the User which can access the App Store, subject to the limitations and prohibitions set out and referred to in this Clause 4.
4.2 Save to the extent expressly permitted by this ▇▇▇▇ or required by applicable law on a non- non-excludable basis, any licence granted under this Clause 4 shall be subject to the following prohibitions:
(a) the User must not sell, resell, rent, lease, loan, supply, publish, distribute or redistribute the Software, nor use it for the benefit of any third party;
(b) the User must not alter, edit or adapt the Software; and
(c) the User must not decompile, de-obfuscate or reverse engineer, or attempt to decompile, de-obfuscate or reverse engineer, the Software.
4.3 When using the Platform to access the Services, the User agrees to abide by the conditions set out in this clause 4.3:
4.3.1 the User must be a healthcare professional who is at least 18 years of age a physician, a medical student, or other healthcare professional and who is not employed by or a representative of a healthcare product company and you agree that any information you provide to us in connection with your account registration is accurate and complete and that the Licensor may use such information to provide the Services;
4.3.2 the User must not use the Services in any way that causes, or may cause, damage to the Services or impairment of the availability or accessibility of the Services;
4.3.3 any and all User Data must comply with the provisions of this clause 4.3;
4.3.4 the User must not use the Services in any way that is unlawful, illegal, fraudulent, deceptive or harmful; or in connection with any unlawful, illegal, fraudulent, deceptive or harmful purpose or activity;
4.3.5 The User is responsible for ensuring that when using the Services, he or she acts in compliance with all applicable laws, including without limitation, any laws, regulations or professional rules relating to patient privacy, medical care or treatment, including the UK GDPR, GDPR and HIPAA, and agrees to limit use of personally identifiable User Data on the Services to the minimum necessary to accomplish the intended purpose of such use in connection with the Services, and shall not in any event use the Services for the sharing of PHI unless the User has first entered into a business associate agreement with the Licensor, a copy of which is available at ▇▇▇▇▇://▇▇▇.▇▇▇▇▇.▇▇/baa; and the Licensor accepts no responsibility for the actions or inactions of the User in this regard;
4.3.6 User Data must be for the purposes of providing professional services only and must not be illegal or unlawful, must not infringe any person's legal rights, and must not be capable of giving rise to legal action against any person (in each case in any jurisdiction and under any applicable law);
4.3.7 any User Data and its use by the Licensor in any manner licensed or otherwise authorised by the User, must not be libelous nor maliciously false nor obscene nor indecent;
4.3.8 any User Data and its use by Licensor in any manner licensed or otherwise authorised by the User must not infringe any copyright, moral right, database right, trade ▇▇▇▇ mark right, design right, right in passing off, or other intellectual property right, nor infringe any right of confidence, right of privacy or right under data protection legislation;
4.3.9 User Data should not constitute negligent advice nor contain any negligent statement;
4.3.10 User Data should not constitute an incitement to commit a crime, instructions for the commission of a crime or the promotion of criminal activity;
4.3.11 use of User Data must not be in contempt of court, or in breach of any court order, nor constitute a breach of racial or religious hatred or discrimination legislation; it should not be blasphemous or constitute a breach of official secrets legislation or constitute a breach of any contractual obligation owed to any person;
4.3.12 the User must ensure that any User Data is not, and has never been, the subject of any threatened or actual legal proceedings or other similar complaint;
4.3.13 User Data must be appropriate for all persons who have access to it or who are likely to have access to it
4.3.14 User Data must not be untrue, false, inaccurate or misleading;
4.3.15 User Data must not consist of or contain any advice, instructions or other information that may be acted upon and could, if acted upon, cause death, illness or personal injury, damage to property, or any other loss or damage;
4.3.16 User Data must be appropriate, civil and tasteful, and accord with generally accepted standards of etiquette and behaviour on the internet and the Platform may not be used for the promotion of any illegal activity or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
4.3.17 User Data must not be offensive, deceptive, threatening, abusive, harassing, menacing, hateful, discriminatory or inflammatory;
4.3.18 User Data must not be liable to cause annoyance, inconvenience or needless anxiety;
4.3.19 the User must not use the Services to send any hostile communication or any communication intended to insult, including such communications directed at a particular person or group of people;
4.3.20 the User must not use the Services for the purpose of deliberately upsetting or offending others and should at all times be courteous and polite to other users of the Services;
4.3.21 User Data placed onto the Platform must not constitute or contain spam, and the User must not use the Services to store or transmit spam which, for these purposes, shall include all unlawful marketing communications and unsolicited commercial communications;
4.3.22 the User must not use the Services in any way which is liable to result in the blacklisting of any of the Licensor’s IP addresses;
4.3.23 unless the User has the appropriate regulatory licenses to do so in any relevant jurisdiction, the User must not use the Services for any purpose relating to the offering for sale, sale or distribution of drugs or pharmaceuticals and the Licensor accepts no responsibility for the use of the Services by the User in this way;
4.3.24 information made available through the Services is provided for informational purposes only and is not intended to be a substitute for the professional judgment of a healthcare professional when diagnosing or treating a patient. Users of the Service are solely responsible for evaluating the information obtained through the Service and for their decision to use such information in making any treatment decisions or otherwise. The Licensor is not responsible or liable for any claim, loss or damage arising from the use of any information exchanged between users of its Platform;
4.3.25 in providing the Services, the Licensor does not recommend or endorse any specific drugs, tests, healthcare providers, products, procedures, opinions, “off-off- label” drug uses or other information that may be referred to by any user of the Services and the Licensor assumes no responsibility for such information;
4.3.26 the User acknowledges that the Licensor may actively monitor the User Data and the User’s use of the Services, but is under no obligation to do so;
4.3.27 the Licensor reserves the right, without any prior notice being given to User, to remove any User Data that Licensor determines in its sole discretion violates this ▇▇▇▇ or which it may threaten the personal safety of any user of the Platform or the public, or where such Content may create liability for the Licensor. The Licensor shall not be liable to the User where such actions are taken;
4.3.28 the User must not conduct any systematic or automated data scraping, data mining, data extraction or data harvesting, or other systematic or automated data collection activity, by means of or in relation to the Services;
4.3.29 the User must not link to any material using or by means of the Services that would, if it were made available through the Services, constitute a breach of any of the provisions of this clause 4;
4.3.30 the User must ensure that User Data does not contain or consist of, and the User must not promote, distribute or execute by means of the Services, any viruses, worms, spyware, adware or other harmful or malicious software, programs, routines, applications or technologies;
4.3.31 the Content must not contain or consist of, and the User must not promote, distribute or execute by means of the Services, any software, programs, routines, applications or technologies that will or may have a material negative effect upon the performance of a computer or introduce material security risks to a computer; and;
4.3.32 the User may not re-publish any content made available through the Services including, without limitation, content posted by other Users of the Services, without the express permission of such other User or the Licensor, as applicable; and
4.3.33 where a vGroup is specific to a particular product or brand, any User who is a member of the relevant vGroup may not, whether directly or indirectly, promote a competing product or brand within that vGroup and the Licensor reserves the right to immediately remove any User who contravenes this provision without notice.
Appears in 1 contract
Sources: End User License Agreement