This End User License Agreement ("EULA") is a binding legal agreement between you, as an individual or entity, and Elimupath. By accessing or downloading, installing and using this application for Android, iOS or other mobile or desktop platform, as applicable (the "Software"), you agree to be bound by the terms of this EULA. If you do not agree to this EULA, do not use the Software and delete it. You agree that installation or use of the Software signifies that you have read, understood, and agree to be bound by this EULA.
The Software is a web based software application that enables you to access different functionality and services directly from your Android, iPhone, iPad or other device supported devices. For each device you use, you may associate it with your account to enable synchronization of data.
Elimupath hereby grants you, subject to the terms and conditions of this EULA, a non-exclusive, non-transferable personal license to:
You understand and agree that you shall only use the Software application in a manner that complies with any and all applicable laws in the jurisdictions in which you use it. Your use shall be in accordance with applicable restrictions concerning privacy and intellectual property rights.
You may not:
Our handling of personal information that we collect through Elimupath Services or the Software is governed by the privacy document.
ELIMUPATH DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SOFTWARE WILL MEET ANY REQUIREMENTS OR NEEDS YOU MAY HAVE, OR THAT THE SOFTWARE WILL OPERATE ERROR FREE, OR IN AN UNINTERRUPTED MANNER, OR THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED, OR THAT THE SOFTWARE IS FULLY COMPATIBLE WITH ANY PARTICULAR PLATFORM. THE SOFTWARE IS OFFERED ON AN "AS-IS" BASIS AND NO WARRANTY, EITHER EXPRESS OR IMPLIED, IS GIVEN. ELIMUPATH EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. SOME JURISDICTIONS DO NOT ALLOW THE WAIVER OR EXCLUSION OF IMPLIED WARRANTIES SO THEY MAY NOT APPLY TO YOU.
Elimupath may modify the Software without obligations to provide any notice. You may also cease use of the Software at any time. Either party, elimupath or user, may terminate services with or without notice.
The Software may contain dependencies. Each dependency is subject to its own applicable license terms. Copyrights to these dependencies are held by the respective copyright holders indicated therein.
To the fullest extent permitted by law, you agree to indemnify and otherwise "hold harmless" to Elimupath, its officers, employees, agents, subsidiaries, affiliates and other partners from any direct, indirect, incidental, special, consequential or exemplary damages arising out of, relating to, or resulting from your use of the Software or any other matter relating to the Software.
YOU UNDERSTAND AND AGREE THAT ELIMUPATH SHALL NOT BE LIABLE FOR ANY INDIRECT, DIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF ELIMUPATH HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). IN NO EVENT WILL ELIMUPATH'S AGGREGATE LIABILITY TO YOU EXCEED THE AMOUNT OF LICENSING FEES PAID BY YOU TO ELIMUPATH. THESE LIMITATIONS AND EXCLUSIONS WILL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OF DAMAGES AND/OR EXCLUSIONS OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.