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End User Licence Agreement

Last updated: 19 July 2018 Thank you for choosing 3D4Medical’s Quiz Anatomy.

Please read the following Terms of Use (the “Terms”) carefully before accessing Quiz Anatomy as they govern your use of Quiz Anatomy and the services and Content accessible therein (together hereinafter referred to as the “Services”) and set out important information regarding 3D4 and your obligations.
  1. Agreement to Terms of Use
    1. By downloading, installing or using the Services, you indicate that you understand these Terms and accept all the Terms contained herein and agree to be bound by such Terms. If you do not accept all the terms of this agreement (the “Agreement”), then you may not use the Services. 3D4 may modify the Terms at any time, at its sole discretion. If 3D4 does so, 3D4 will let you know by either posting the modified Terms on www.3d4medical.com, in the Services or through other communications. It is important that you review the Terms whenever they are modified as if you continue to use the Services after 3D4 has posted modified Terms, you are indicating that you agree to be bound by the modified Terms. If you do not agree to be bound by the modified Terms, then you may not use the Services anymore. As the Services will always be evolving, 3D4 may change or discontinue all or any parts, features, components or functions of the Services, including the introduction of paid features at any time, without notice and at its sole discretion.
  2. Registration & Creating an Account
    1. In order to access and begin to use the Services, you will be required to register your details and create an account (an “Account”). By creating an Account, you represent that you are 13 years or older and are not prohibited from using the Services under the relevant laws. You will be required to provide some basic personally identifiable information (PII), the safeguarding and data processing of which is set out in our Privacy Policy . You can create an Account in the application or Website, or you may be able to do so through your account with certain third party services such as Facebook, Twitter or Google (each an “SNS Account”). If you choose the SNS Account option, 3D4 will create your Account by extracting certain personal information from your SNS Account, such as your name and email address and other personal information that your privacy settings on the SNS Account permit 3D4 to access. It is important that you provide 3D4 with accurate, complete and up-to-date information for your Account and you agree to update such information, as needed, to keep it accurate, complete and up-to-date.
    2. You will also be required to create a username and password. You are responsible for maintaining the confidentiality of your Account and password and agree to notify 3D4 if your password is lost, stolen, or disclosed to an unauthorized third party, or otherwise may have been compromised. You are, at all times, responsible for the activities carried out under your Account, whether or not you know about them.
    3. 3D4 reserves the right to suspend or terminate your Account if any information provided during the registration process, or thereafter, proves to be false, inaccurate or misleading or is provided in an effort to use a username that violates these Terms.
    4. When creating an Account, do not:
      1. use a username that is the name of another person with the intent to impersonate that person;
      2. use a username that is offensive, vulgar, obscene or otherwise in bad taste;
      3. use a username that is subject to the rights of another person without the proper authorization;
      4. register more than one account with the purpose of creating a ‘dummy account’. 3D4 reserves the right to decide if an account is a dummy account and to take appropriate action;
      5. create an Account for another person without their permission.
  3. Feedback
    1. 3D4 welcomes feedback, comments and suggestions for improvements to the Services (“Feedback”). You can submit such feedback by emailing 3D4 at feedback@3d4medical.com. You hereby grant to 3D4 a worldwide, perpetual, irrevocable, transferable, assignable, sublicensable, fully paid-up and royalty-free license and right to modify, copy, distribute, display and perform, publish, prepare derivative works of, use and incorporate into the Services, without attribution of any kind, any suggestions, enhancements requests, recommendations, proposals, corrections or other feedback or information provided by you in relation to the App.
  4. Privacy / Personal Information
    1. For information about how and what information we collect, use, store and disclose regarding our users, please refer to our Privacy Policy, accessible at www.3d4medical.com/privacy-policy (or such other URL as specified by 3D4), as may be updated by 3D4 from time to time
  5. Content
    1. “Content” means text, graphics, images, music, software, audio, video, works of authorship of any kind, and information or other materials that are posted, generated, provided or otherwise made available through the Services. 3D4 exclusively owns all right, title and interest in and to the Services, including all associated intellectual property rights. You acknowledge that the Services are protected by copyright, trademark and other appropriate laws of the United States and other jurisdictions. You agree not to remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notice incorporated or accompanying the Services.
    2. The Content has not been verified or authenticated by 3D4, and may include inaccuracies or false information. We make no representations, warranties, or guarantees in connection with our Services, relating to the quality, suitability, truth, accuracy or completeness of any content contained in the Services. You acknowledge that you take sole responsibility for and assume all risk arising from your use of or reliance on the Services.
  6. License Granted
    1. Subject to your compliance with these Terms, 3D4M grants you a limited, non-exclusive, non-transferable, non-subicensable, revocable license to access, view and interact with the Services solely in connection with your permitted use of the Services and solely for your personal non-commercial use.
  7. Rights & Restrictions
    Subject to your compliance with these Terms, you have the right to download and install a copy of Quiz Anatomy on your device and to access and use the Services, for your own personal non-commercial use. You will not attempt to:
    1. interfere with or disrupt the Services or attempt to gain access to any systems or networks that connect thereto (except as required to access and use the Services);
    2. copy, modify or distribute the Services for any purpose;
    3. transfer, sublicense, lease, lend, rent or otherwise distribute the Services to any third party;
    4. decompile, reverse-engineer, disassemble, or create derivative works of the Services;
    5. probe, scan or test the vulnerability of any 3D4 system or network or breach any security or authentication measures;
    6. avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by 3D4 or any of 3D4’s providers or any other third party (including another user) to protect the Services;
    7. use any meta tags or other hidden text or metadata utilizing a 3D4Medical trademark, logo, URL or product name without 3D4’s express written consent;
    8. access or search the Services or download Content from the Services through the use of any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, data mining tools or the like) other than the software and/or search agents provided by 3D4;
    9. make the functionality of the Services available to multiple users through any means;
    10. use the Services, or any portion thereof, for any professional or commercial purpose or for the benefit of any third party or in any manner not permitted by these Terms, where professional or commercial purposes include the display, broadcast or transmission of the Services or Content to two or more users in an instructional or educational capacity or any environment on a more than a ‘once-off’ basis;
    11. collect or store any personally identifiable information of other users of the Services without their express permission;
    12. interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Services;
    13. use the Services in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these Terms.
    14. encourage or enable any other individual to do any of the foregoing.
  8. Trial Period
    1. Trial Period means the trial period, during which your use of the Services are provided without registration.
  9. Your Image
    1. Your Image means your name, picture, avatar and likeness. Your Image may be used in connection with providing the Services and for marketing and promotional purposes in connection with the business of 3D4 and its affiliates. Other than those rights specifically granted to 3D4 herein, all right, title and interest in and to Your Image are expressly reserved by you.
  10. Monitoring
    1. You acknowledge and agree that 3D4 is not obliged to police or monitor access to or use of the Services, but that it has the right to do so for the purposes of operating the Services, ensuring compliance with these Terms, and in order to comply with applicable law or other legal requirements. You will use the Services exclusively for authorized and legal purposes, consistent with all applicable laws, regulations and the rights of others. 3D4 reserves the right, but is not obliged, to remove or disable access to any Content, at any time and without notice. 3D4 has the right to investigate violations of these Terms or conduct that affects the Services. 3D4 may also consult and cooperate with law enforcement authorities to prosecute users who violate the law.
  11. Copyright Policy
    1. 3D4 respects copyright law and expect its users to do the same. It is 3D4’s policy to terminate, in appropriate circumstances and in its sole discretion, the Accounts of users who repeatedly infringe or are believed to be repeatedly infringing the rights of copyright holders.
  12. Availability of Services
    1. 3D4 will use commercially reasonable efforts to make the Services available to you without interruption as much as reasonably possible, subject to any downtime for system maintenance, upgrades, or any unforeseen circumstances.
  13. Unauthorized Disclosure
    1. If either party believes that there has been a disclosure of Account Information in a manner that is not authorized under these Terms, they will promptly notify the other. Additionally, each party will reasonably assist the other party in remediating or mitigating any potential damage, including any notification that should be sent to individuals impacted or potentially impacted by such unauthorized disclosure.
  14. Changes to Services
    1. If 3D4 makes any material changes to the Services, you will be notified within the. Notwithstanding the above, 3D4 has no obligation to update or enhance the Services or to produce or release new versions of same.
  15. User-Eligibility
    1. You may use the Services only if you are 13 years or older and are not barred from using the Services under applicable law.
  16. Support
    1. As part of the Services, and although not obliged to do so, 3D4 may provide 3D4’s standard support services as set out at www.3d4medical.com/category/support, or such other URL as specified by 3D4, and as may be updated by 3D4 from time to time.
  17. Enforcement
    1. You will promptly notify 3D4 of any suspected or alleged breach of these Terms and will cooperate with 3D4 with respect to: (i) any investigation by 3D4 of any suspected or alleged breach of these Terms; or (ii) any action by 3D4 to enforce these Terms.
  18. Telecommunications and Internet Services
    1. You acknowledge and agree that your use of the Services is dependent upon access to telecommunications and Internet services. You are solely responsible for acquiring and maintaining all telecommunications and Internet services and other hardware and software required to access and use the Services, including, without limitation, any and all costs, fees, expenses, and taxes of any kind related to the foregoing. 3D4Medical will not be responsible for any loss or corruption of data, lost communications, or any other loss or damage of any kind arising from any such telecommunications and Internet services.
  19. Warranty Disclaimers
    1. THIS SECTION APPLIES TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. THE SERVICES ARE PROVIDED AS “AS IS” WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, 3D4 EXPLICITLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF THE COURSE OF DEALING OR USAGE OF TRADE. 3D4 MAKES NO WARRANTIES THAT THE SERVICES WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. 3D4 MAKES NO WARRANTY REGARDING THE QUALITY, ACCURACY (INCLUDING MEDICAL OR ANATOMICAL ACCURACY), TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF THE SERVICES. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM 3D4, OR ELSEWHERE, WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS. 3D4 DISCLAIMS ANY WARRANTY THAT THE SERVICES WILL BE ERROR-FREE OR UNINTERRUPTED OR THAT ALL ERRORS WILL BE CORRECTED. YOU ASSUME SOLE RESPONSIBILITY AND LIABILITY FOR RESULTS OBTAINED FROM THE USE OF THE SERVICES OR AND FOR ANY AND ALL CONCLUSIONS DRAWN FROM SUCH USE.
  20. Indemnity
    1. Subject to any conditions set out in this section with regard to indemnification, 3D4 will defend any suit or action brought against you to the extent that it is based upon a third party claim that the Services, as provided to you by 3D4 pursuant to these Terms, infringe any patent or copyright or misappropriate any trade secret, and will pay any costs, damages and reasonable attorneys’ fees attributable to such claim that are awarded in final judgment against or paid in settlement by you.
    2. To the extent permitted by applicable law, you will defend 3D4 Indemnitees, from and against any action or suit brought against a 3D4 Indemnitee by a third party in connection with, arising out of, resulting from or caused by: (i) your negligence or intentional misconduct; (ii) your provision of medical care; (iii) your use of the Services (other than any claim for which 3D4 is responsible under this section); (iv) a claim that serious health event or bodily injury resulted from your use of the Services; (v) your violation of any term or your breach of any warranty herein, or your misrepresentation under these Terms, including without limitation, the User Representations; (vi) your violation of any third party right, including without limitation any copyright, property or privacy right; and will pay any costs, damages and reasonable attorneys’ fees attributable to or awarded with respect to such claim. This defence and indemnification obligation will survive these Terms and your use of the Services.
  21. Liability
    1. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL 3D4 OR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICES OR CONTENT, BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE SERVICES ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT 3D4 HAS BEEN INFORMED OR ADVISED OF THE POSSIBILITY OF SUCH DAMAGE AND WHETHER OR NOT IT WAS FORESEEABLE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. EACH OF SUCH LIMITATION IS INTENDED TO BE ENFORCEABLE REGARDLESS OF WHETHER ANY OTHER EXCLUSIVE OR NON-EXCLUSIVE REMEDY UNDER THESE TERMS FAILS OF ITS ESSENTIAL PURPOSE. THE EXCLUSIONS AND LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN 3D4 AND YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, 3D4’S TOTAL AGGREGATE LIABILITY ARISING UNDER THESE TERMS, FROM ANY AND ALL CAUSES OF ACTION AND ALL THEORIES OF LIABILITY, WILL NOT EXCEED THE GREATER OF $100 OR TOTAL FEES PAID OR PAYABLE BY YOU UNDER THIS AGREEMENT, IF ANY, DURING THE 12 (TWELVE) MONTHS PRIOR TO THE DATE OF 3D4’S ACT OR OMISSION GIVING RISE TO ANY LIABILITY. SOME JURISDICTIONS DO NOT ALLOW EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE MAY NOT APPLY TO YOU. WHERE THEY DO APPLY, THE LIMITATIONS OF LIABILITY AS SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS AND THE BASIS OF THE BARGAIN BETWEEN YOU AND 3D4.
  22. Termination
    1. The term of this Agreement begins when you download the Services and ends when either: (a) you cancel your Account by sending an email to info@3D4Medical.com at any time and requesting the cancellation of your Account; or (b) 3D4 may terminate your access to and use of the Services, at its sole discretion and without notice to you.
    2. Upon termination, discontinuation or cancellation of the Services or your Account, all provisions of these Terms, which by their nature should survive, will survive, including, without limitation, ownership provisions, warranty disclaimers, limitations of liability and dispute resolution provisions.
  23. Governing Law
    1. This Agreement and action related thereto will be governed by and construed in accordance with the laws of the State of California, without regard to or application of its conflict of laws rules or principles.
  24. General
    1. Entire Agreement – These Terms constitute the entire and exclusive understanding and agreement between you and 3D4 regarding the Services, and these Terms supersede and replace any and all prior oral or written understandings or agreements between 3D4 and you regarding the Services. If, for any reason, a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect. If any provision of these Terms and/or the Privacy Policy is held invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms and/or the Privacy Policy will remain in full force and effect.
    2. Assignment – You may not assign, delegate or transfer this Agreement or any rights granted hereunder, in whole or in part, by operation of law or otherwise, without 3D4’s prior written consent, and any attempt by you to do so, without such consent, will be null and void. 3D4 may freely assign or transfer this Agreement, in whole or in part, without restriction, by operation of law or otherwise. Subject to the foregoing, these Terms will inure to the benefit of the parties, their successors and permitted assigns.
    3. Remedies – Except as expressly set forth in this Agreement, the exercise by either party of any of its remedies under this Agreement will be without prejudice to its other remedies under this Agreement or otherwise.
    4. Waiver & Severability – The failure by either party to enforce any provision of this Agreement will not constitute a waiver of future enforcement of that or any other provision. If any provision of this Agreement is held to be unenforceable or invalid, that provision will be enforced to the maximum extent possible, and the other provisions will remain in full force and effect.
    5. Force Majeure – Neither party will be liable for any failure or delay in performance under this Agreement (other than for delay in the payment of money due and payable hereunder) for causes beyond that party’s reasonable control and occurring without that party’s fault or negligence, including, but not limited to, acts of God, acts of government, flood, fire, civil unrest, acts of terror, strikes or other labor problems, computer attacks (by government/nation entities or otherwise) or malicious acts, such as attacks on or through the Internet, any Internet service provider, telecommunications or hosting facility. Dates by which performance obligations are scheduled to be met will be extended for a reasonable period of time equal to the time lost due to any delay so caused.
    6. Relationship of the Parties – The parties to this Agreement are independent contractors and this Agreement does not establish any relationship of partnership, joint venture, employment, franchise, or agency between the parties. Neither party will have the power to bind the other or incur obligations on the other’s behalf without the other’s prior written consent.
  25. Questions & Contact information
    1. If you have any questions regarding this Agreement, please contact 3D4 at info@3D4Medical.com.

End User License Agreement

3D4Medical (“Application Provider”) provides the application (“Licensed Application”) through which the Services (as defined below) are delivered and licensed to you (“You” or “Your”) solely for use under the terms of this End User License Agreement (this “License”). Additional products or applications may also be provided to You which are accompanied and governed by separate license agreements. Application Provider reserves all rights not expressly granted to You. IF ANY OF THESE TERMS ARE UNACCEPTABLE TO YOU, DO NOT USE THE LICENSED APPLICATION OR THE SERVICE.
  1. Scope of License. The license granted to You for the Licensed Application is limited to a non-transferable license to use the Licensed Application on any iPhone, iPod Touch, iPad or similar device that You own or control and as permitted by the Usage Rules set forth in Section 9.b. of the App Store Terms and Conditions as may be amended from time to time (the “Usage Rules”) to receive the services provided by Application Provider (the “Services”). This License does not allow You to use the Licensed Application on any device that You do not own or control, and You may not distribute or make the Licensed Application available over a network where it could be used by multiple devices at the same time. You may not rent, lease, lend, sell, redistribute or sublicense the Licensed Application. This license does not include any resale or commercial use of the Licensed Application or the Service. Further, You may not copy, decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create any derivative works of the Licensed Application, any updates, or any part thereof (except as and only to the extent any foregoing restriction is prohibited by applicable law or to the limited extent as may be permitted by the licensing terms governing any open source components included within the Licensed Application). Any attempt to do so is a violation of the rights of the Application Provider and its licensors. If You breach this restriction, then You may be subject to prosecution and/or damages. This License will govern any upgrades provided by Application Provider that replace and/or supplement the original Product, unless such upgrade is accompanied by a separate license in which case the terms of that license will govern.
  2. Consent to Use of Data. You agree that Application Provider may collect and use technical data and related information including, but not limited to, technical information about Your device, system, application software, and peripherals, to facilitate the provision of the Services, updates, support and other services to You (if any). Subject to any limitations imposed by applicable law, Application Provider may also use or share this information with third parties as long as it is in a form that does not personally identify You, to improve and/or provide its products, services and technologies.
  3. Termination. This License is effective until terminated by You or Application Provider. Your rights under this License will terminate automatically without notice from Application Provider if You fail to comply with any term of this License. Upon termination of this License, You shall cease all use of the Licensed Application, and delete or destroy all copies, full or partial, of the Licensed Application.
  4. Services; Third Party Materials. The Licensed Application enables access to the Services as well as third-party services and websites. Use of such Services and third-party services and websites may require Internet access and further require that You accept and comply with additional terms of service.
    1. You understand that by using the Licensed Application and the Services, You may encounter content, data, information, applications, links to third-party websites or other materials (“Third-Party Materials”) that may be deemed offensive, indecent, explicit or otherwise objectionable, and that the results of any search or entering a particular URL may automatically and unintentionally generate links or references to such material. Accordingly, You agree to use the Licensed Application and the Services at Your sole risk and that Application Provider shall not have any liability to You for any Third-Party Materials that may be found to be offensive, indecent, explicit or otherwise objectionable.
    2. By using the Application and the Services, You agree that Application Provider is not responsible for the content, accuracy, security, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect of any Third Party Materials or websites. Application Provider does not warrant or endorse and does not assume and will not have any liability or responsibility to You or any other person for any Third Party Materials or websites, or for any other materials, products, or services of any third parties.
    3. You agree that the Services may contain proprietary content, information and material that is protected by applicable intellectual property and other laws. You will not use such proprietary content, information or materials in any way whatsoever except for permitted use of the Services for personal use as described below. No portion of the Services may be reproduced in any form or by any means except for personal use as described below. You agree not to modify, rent, lease, loan, sell, distribute, or create derivative works based on the Services, in any manner, and You shall not exploit the Services in any unauthorized or illegal way. You further agree not to use the Services in any manner to harass, abuse, stalk, threaten, defame or otherwise infringe or violate the rights of any third party, and that Application Provider is not in any way responsible for any such use by You, nor for any harassing, threatening, defamatory, offensive or illegal messages or transmissions that You may receive as a result of using the Application or the Services. The Licensed Application allows You to create two-dimensional images directly from the Licensed Application (“Images”). You may use and share the Images for personal but may not license or sublicense the Images for any commercial purposes without the written permission of 3D4medical.com LLC. [Without limitation, and by way of example only, you may share the Image with a doctor or patient for informational purposes solely but may not license or allow the Image to be sublicensed commercially or uploaded to any commercial or free-image site.] Furthermore you may not use and share Images without correctly publishing the appropriate credit line as per industry standards and as is built into the image share feature within the application.
    4. You agree that the Services, third-party services and Third Party Materials may not be available in all languages or in all countries. Application Provider makes no representation that the Services, third-party services or Third-Party Materials are appropriate or available for use in any particular location. To the extent You choose to access any Services, third-party services or Third Party Materials, You do so at Your own risk and are responsible for compliance with all applicable laws including, but not limited to, all applicable local laws. Application Provider, and its licensors, reserve the right to change, suspend, remove, or disable access to any Service at any time without notice. In no event will Application Provider be liable for the removal or disabling of access to any such Service. Application Provider may also impose limits on the use of or access to certain Services, in any case and without notice or liability.
  5. No Representations or Warranties.
    1. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE LICENSED APPLICATION AND THE SERVICES IS AT YOUR SOLE RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE LICENSED APPLICATION AND ANY SERVICES ARE PROVIDED EXCLUSIVELY “AS IS” AND “AS AVAILABLE”, WITH ALL FAULTS AND WITHOUT ANY REPRESENTATION OR WARRANTY OF ANY KIND. APPLICATION PROVIDER HEREBY DISCLAIMS ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS WITH RESPECT TO THE LICENSED APPLICATION AND THE SERVICES, EITHER EXPRESS, IMPLIED OR STATUTORY INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, QUALITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, CONTINUOUS OPERATION, AND NON-INFRINGEMENT. APPLICATION PROVIDER HEREBY DISCLAIMS ALL LIABILITY AND RESPONSIBILITY ARISING FROM ANY RELIANCE PLACED ON THE LICENSED APPLICATION AND SERVICES BY YOU. APPLICATION PROVIDER ACCEPTS NO RESPONSIBILITY FOR KEEPING THE LICENSED APPLICATION OR SERVICES UP TO DATE OR COMPLETE OR LIABILITY FOR ANY FAILURE TO DO SO. APPLICATION PROVIDER DOES NOT WARRANT THAT THE SERVICE AND ANY PRODUCTS LICENSED WILL MEET YOUR REQUIREMENTS, THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE OR THAT ANY DEFECTS IN THE LICENSED APPLICATION OR SERVICES WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY APPLICATION PROVIDER OR ITS AUTHORIZED REPRESENTATIVES SHALL CREATE ANY WARRANTY. SHOULD THE LICENSED APPLICATION OR SERVICES PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION.
    2. You agree that the fees charged by Application Provider and paid by You are based on and reflective of the allocation of risk contemplated by this section and that the limitations in this section are an essential element of the agreement between You and Application Provider.
    3. Some jurisdictions do not allow the exclusion of implied warranties or limitations on applicable statutory rights of a consumer, so the above exclusion and limitations may not apply to You.
  6. Use of Licensed Application and Services. You agree that the Licensed Application and Services are designed to be used solely by consumers under medical, physiotherapy or other appropriate medical professional supervision as part of a treatment plan prescribed by a qualified and licensed medical, physiotherapist or other appropriate medical practitioner. You warrant that You will not use, nor shall You permit, the Licensed Application or Services to be used except under such supervision and only as prescribed. The Licensed Application and Services do not constitute the practice of medicine and are neither professional medical nor physiotherapy advice. Moreover, Licensed Application and Services are not designed to be used as a substitute for professional medical or physiotherapy advice or judgment. Due to the large variety of potential applications for the Licensed Application and Services, neither the Services nor the Licensed Application have been tested for all conditions.
  7. Indemnification. You hereby indemnify and hold harmless, and upon Application Provider’s request, defend, Application Provider and its affiliates (and their respective directors, officers and employees) from and against any and all losses, liabilities, damages, costs or expenses (including reasonable attorneys’ fees and costs) arising out of any claim, action, or proceeding brought by a third party based on: (i) your use of the Licensed Application and Service; (ii) a breach of any warranty, representation, covenant or obligation of yours under this Agreement; or (iii) your violation of any third party right. You will reimburse Application Provider and its affiliates on demand for any actual payments made in resolution of any liability or claim that is subject to indemnification under this Section g, provided that Application Provider attempts to obtain your written consent prior to making such payments, and such consent is not unreasonably withheld, delayed or conditioned. Application Provider shall promptly notify you of any such claim, and you shall assume control of the defense of such claim upon Application Provider’s request. Application Provider shall have the right, at its expense, to participate in the defense thereof under your direction.
  8. Limitation of Liability. IN NO EVENT SHALL APPLICATION PROVIDER BE LIABLE FOR ANY PERSONAL INJURY, DEATH OR FOR ANY INCIDENTAL, SPECIAL, INDIRECT, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION OR ANY OTHER DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE LICENSED APPLICATION OR THE SERVICES HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE) AND EVEN IF APPLICATION PROVIDER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW OR RESTRICT THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, DEATH, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. In no event shall Application Provider’s total liability to you for all damages (other than as may be required by applicable law in cases involving personal injury or death) exceed the amount of two hundred dollars (US$200.00). The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.YOU AND APPLICATION PROVIDER AGREE THAT ANY PROCEEDINGS TO RESOLVE OR LITIGATE ANY DISPUTE WILL BE CONDUCTED SOLELY ON AN INDIVIDUAL BASIS, AND THAT NEITHER YOU NOR APPLICATION PROVIDER WILL SEEK TO HAVE ANY DISPUTE HEARD AS A CLASS ACTION, A REPRESENTATIVE ACTION, A COLLECTIVE ACTION, A PRIVATE ATTORNEY-GENERAL ACTION, OR IN ANY PROCEEDING IN WHICH YOU OR APPLICATION PROVIDER ACTS OR PROPOSES TO ACT IN A REPRESENTATIVE CAPACITY. YOU AND APPLICATION PROVIDER FURTHER AGREE THAT NO PROCEEDING WILL BE JOINED, CONSOLIDATED, OR COMBINED WITH ANOTHER PROCEEDING WITHOUT THE PRIOR WRITTEN CONSENT OF YOU, APPLICATION PROVIDER, AND ALL PARTIES TO ANY SUCH PROCEEDING.
  9. The Licensed Application together with all intellectual property rights associated therewith or incorporated therein shall at all times remain the exclusive property of Application Provider and its licensors. The Licensed Application is protected by copyright under both United States and foreign laws.
  10. You may not use or otherwise export or re-export the Licensed Application except as authorized by United States law and the laws of the jurisdiction in which the Licensed Application was obtained. In particular, but without limitation, the Licensed Application may not be exported or re-exported (i) into any U.S. embargoed countries or (ii) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Department of Commerce Denied Person’s List or Entity List. By using the Licensed Application, you represent and warrant that you are not located in any such country or on any such list. You also agree that you will not use these products for any purposes prohibited by United States law, including, without limitation, the development, design, manufacture or production of nuclear, missiles, or chemical or biological weapons.
  11. The Licensed Application and related documentation are “Commercial Items”, as that term is defined at 48 C.F.R. §2.101, consisting of “Commercial Computer Software” and “Commercial Computer Software Documentation”, as such terms are used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202, as applicable. Consistent with 48 C.F.R. §12.212 or 48 C.F.R. §227.7202-1 through 227.7202-4, as applicable, the Commercial Computer Software and Commercial Computer Software Documentation are being licensed to U.S. Government end users (i) only as Commercial Items and (ii) with only those rights as are granted to all other end users pursuant to the terms and conditions herein. Unpublished-rights reserved under the copyright laws of the United States.
  12. No waiver by Application Provider of Your breach or default under this License shall be deemed to be a waiver of any subsequent breach or default.
  13. If any part of this License is found void or unenforceable it will not affect the validity of the balance of the license which shall remain valid and enforceable according to its terms.
  14. Application Provider may modify or discontinue this License from time to time. Any changes to this License will be posted on Application Provider’s website. In addition, this License will always indicate the date it was last revised. You are deemed to have accepted and agreed to be bound by any changes to this License when You use the Licensed Application or Services after those changes are posted.
  15. The laws of the State of California excluding its conflicts of law rules, shall govern this License and your use of the Licensed Application. Your use of the Licensed Application and the Services may also be subject to other local, state, national, or international laws.
  16. Any dispute with Application Provider or any of its officers, directors, employees, agents or affiliates, arising under or in relation to this License shall be resolved exclusively through the applicable state or federal courts located in County of San Diego State of California, the small-claims court of the Superior Court of California within the City and County of San Diego, California, except with respect to imminent harm requiring temporary or preliminary injunctive relief in which case either party may seek such relief in any court with jurisdiction over the other party. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Licensed Application, the Service or this License must be filed within one (1) year after such claim or cause of action arose or be forever barred. You understand that, in return for agreement to this provision, Application Provider is able to offer the Licensed Application and Services to you on the designated terms, and that Your agreement to this provision is an indispensable consideration to this License. You acknowledge and understand that, with respect to any dispute with Application Provider or any of its officers, directors, employees, agents or affiliates, arising out of or relating to this License and/or Your use of the Licensed Application or Services:
    1. YOU ARE GIVING UP YOUR RIGHT TO HAVE A TRIAL BY JURY; and
    2. YOU ARE GIVING UP YOUR RIGHT TO SERVE AS A REPRESENTATIVE, AS A PRIVATE ATTORNEY GENERAL, OR IN ANY OTHER REPRESENTATIVE CAPACITY, OR TO PARTICIPATE AS A MEMBER OF A CLASS OF CLAIMANTS, IN ANY LAWSUIT INVOLVING ANY SUCH DISPUTE.
  17. This License represents the entire understanding between You and Application Provider regarding the Licensed Application and the Services and supersedes and prior agreements with respect to the licensing of the Licensed Application and provision of the Services to You.

End User License Agreement

3D4Medical (“Application Provider”) provides the application (“Licensed Application”) through which the Services (as defined below) are delivered and licensed to you (“You” or “Your”) solely for use under the terms of this End User License Agreement (this “License”). Additional products or applications may also be provided to You which are accompanied and governed by separate license agreements. Application Provider reserves all rights not expressly granted to You. IF ANY OF THESE TERMS ARE UNACCEPTABLE TO YOU, DO NOT USE THE LICENSED APPLICATION OR THE SERVICE.
  1. Scope of License. The license granted to You for the Licensed Application is limited to a non-transferable license to use the Licensed Application on any iPhone, iPod Touch, iPad or similar device that You own or control and as permitted by the Usage Rules set forth in Section 9.b. of the App Store Terms and Conditions as may be amended from time to time (the “Usage Rules”) to receive the services provided by Application Provider (the “Services”). This License does not allow You to use the Licensed Application on any device that You do not own or control, and You may not distribute or make the Licensed Application available over a network where it could be used by multiple devices at the same time. You may not rent, lease, lend, sell, redistribute or sublicense the Licensed Application. This license does not include any resale or commercial use of the Licensed Application or the Service. Further, You may not copy, decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create any derivative works of the Licensed Application, any updates, or any part thereof (except as and only to the extent any foregoing restriction is prohibited by applicable law or to the limited extent as may be permitted by the licensing terms governing any open source components included within the Licensed Application). Any attempt to do so is a violation of the rights of the Application Provider and its licensors. If You breach this restriction, then You may be subject to prosecution and/or damages. This License will govern any upgrades provided by Application Provider that replace and/or supplement the original Product, unless such upgrade is accompanied by a separate license in which case the terms of that license will govern.
  2. Consent to Use of Data. You agree that Application Provider may collect and use technical data and related information including, but not limited to, technical information about Your device, system, application software, and peripherals, to facilitate the provision of the Services, updates, support and other services to You (if any). Subject to any limitations imposed by applicable law, Application Provider may also use or share this information with third parties as long as it is in a form that does not personally identify You, to improve and/or provide its products, services and technologies.
  3. Termination. This License is effective until terminated by You or Application Provider. Your rights under this License will terminate automatically without notice from Application Provider if You fail to comply with any term of this License. Upon termination of this License, You shall cease all use of the Licensed Application, and delete or destroy all copies, full or partial, of the Licensed Application.
  4. Services; Third Party Materials. The Licensed Application enables access to the Services as well as third-party services and websites. Use of such Services and third-party services and websites may require Internet access and further require that You accept and comply with additional terms of service.
    1. You understand that by using the Licensed Application and the Services, You may encounter content, data, information, applications, links to third-party websites or other materials (“Third-Party Materials”) that may be deemed offensive, indecent, explicit or otherwise objectionable, and that the results of any search or entering a particular URL may automatically and unintentionally generate links or references to such material. Accordingly, You agree to use the Licensed Application and the Services at Your sole risk and that Application Provider shall not have any liability to You for any Third-Party Materials that may be found to be offensive, indecent, explicit or otherwise objectionable.
    2. By using the Application and the Services, You agree that Application Provider is not responsible for the content, accuracy, security, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect of any Third Party Materials or websites. Application Provider does not warrant or endorse and does not assume and will not have any liability or responsibility to You or any other person for any Third Party Materials or websites, or for any other materials, products, or services of any third parties.
    3. You agree that the Services may contain proprietary content, information and material that is protected by applicable intellectual property and other laws. You will not use such proprietary content, information or materials in any way whatsoever except for permitted use of the Services for personal use as described below. No portion of the Services may be reproduced in any form or by any means except for personal use as described below. You agree not to modify, rent, lease, loan, sell, distribute, or create derivative works based on the Services, in any manner, and You shall not exploit the Services in any unauthorized or illegal way. You further agree not to use the Services in any manner to harass, abuse, stalk, threaten, defame or otherwise infringe or violate the rights of any third party, and that Application Provider is not in any way responsible for any such use by You, nor for any harassing, threatening, defamatory, offensive or illegal messages or transmissions that You may receive as a result of using the Application or the Services. The Licensed Application allows You to create two-dimensional images directly from the Licensed Application (“Images”). You may use and share the Images for personal but may not license or sublicense the Images for any commercial purposes without the written permission of 3D4medical.com LLC. [Without limitation, and by way of example only, you may share the Image with a doctor or patient for informational purposes solely but may not license or allow the Image to be sublicensed commercially or uploaded to any commercial or free-image site.] Furthermore you may not use and share Images without correctly publishing the appropriate credit line as per industry standards and as is built into the image share feature within the application.
    4. You agree that the Services, third-party services and Third Party Materials may not be available in all languages or in all countries. Application Provider makes no representation that the Services, third-party services or Third-Party Materials are appropriate or available for use in any particular location. To the extent You choose to access any Services, third-party services or Third Party Materials, You do so at Your own risk and are responsible for compliance with all applicable laws including, but not limited to, all applicable local laws. Application Provider, and its licensors, reserve the right to change, suspend, remove, or disable access to any Service at any time without notice. In no event will Application Provider be liable for the removal or disabling of access to any such Service. Application Provider may also impose limits on the use of or access to certain Services, in any case and without notice or liability.
  5. No Representations or Warranties.
    1. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE LICENSED APPLICATION AND THE SERVICES IS AT YOUR SOLE RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE LICENSED APPLICATION AND ANY SERVICES ARE PROVIDED EXCLUSIVELY “AS IS” AND “AS AVAILABLE”, WITH ALL FAULTS AND WITHOUT ANY REPRESENTATION OR WARRANTY OF ANY KIND. APPLICATION PROVIDER HEREBY DISCLAIMS ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS WITH RESPECT TO THE LICENSED APPLICATION AND THE SERVICES, EITHER EXPRESS, IMPLIED OR STATUTORY INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, QUALITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, CONTINUOUS OPERATION, AND NON-INFRINGEMENT. APPLICATION PROVIDER HEREBY DISCLAIMS ALL LIABILITY AND RESPONSIBILITY ARISING FROM ANY RELIANCE PLACED ON THE LICENSED APPLICATION AND SERVICES BY YOU. APPLICATION PROVIDER ACCEPTS NO RESPONSIBILITY FOR KEEPING THE LICENSED APPLICATION OR SERVICES UP TO DATE OR COMPLETE OR LIABILITY FOR ANY FAILURE TO DO SO. APPLICATION PROVIDER DOES NOT WARRANT THAT THE SERVICE AND ANY PRODUCTS LICENSED WILL MEET YOUR REQUIREMENTS, THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE OR THAT ANY DEFECTS IN THE LICENSED APPLICATION OR SERVICES WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY APPLICATION PROVIDER OR ITS AUTHORIZED REPRESENTATIVES SHALL CREATE ANY WARRANTY. SHOULD THE LICENSED APPLICATION OR SERVICES PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION.
    2. You agree that the fees charged by Application Provider and paid by You are based on and reflective of the allocation of risk contemplated by this section and that the limitations in this section are an essential element of the agreement between You and Application Provider.
    3. Some jurisdictions do not allow the exclusion of implied warranties or limitations on applicable statutory rights of a consumer, so the above exclusion and limitations may not apply to You.
  6. Use of Licensed Application and Services. You agree that the Licensed Application and Services are designed to be used solely by consumers under medical, physiotherapy or other appropriate medical professional supervision as part of a treatment plan prescribed by a qualified and licensed medical, physiotherapist or other appropriate medical practitioner. You warrant that You will not use, nor shall You permit, the Licensed Application or Services to be used except under such supervision and only as prescribed. The Licensed Application and Services do not constitute the practice of medicine and are neither professional medical nor physiotherapy advice. Moreover, Licensed Application and Services are not designed to be used as a substitute for professional medical or physiotherapy advice or judgment. Due to the large variety of potential applications for the Licensed Application and Services, neither the Services nor the Licensed Application have been tested for all conditions.
  7. Indemnification. You hereby indemnify and hold harmless, and upon Application Provider’s request, defend, Application Provider and its affiliates (and their respective directors, officers and employees) from and against any and all losses, liabilities, damages, costs or expenses (including reasonable attorneys’ fees and costs) arising out of any claim, action, or proceeding brought by a third party based on: (i) your use of the Licensed Application and Service; (ii) a breach of any warranty, representation, covenant or obligation of yours under this Agreement; or (iii) your violation of any third party right. You will reimburse Application Provider and its affiliates on demand for any actual payments made in resolution of any liability or claim that is subject to indemnification under this Section g, provided that Application Provider attempts to obtain your written consent prior to making such payments, and such consent is not unreasonably withheld, delayed or conditioned. Application Provider shall promptly notify you of any such claim, and you shall assume control of the defense of such claim upon Application Provider’s request. Application Provider shall have the right, at its expense, to participate in the defense thereof under your direction.
  8. Limitation of Liability. IN NO EVENT SHALL APPLICATION PROVIDER BE LIABLE FOR ANY PERSONAL INJURY, DEATH OR FOR ANY INCIDENTAL, SPECIAL, INDIRECT, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION OR ANY OTHER DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE LICENSED APPLICATION OR THE SERVICES HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE) AND EVEN IF APPLICATION PROVIDER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW OR RESTRICT THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, DEATH, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. In no event shall Application Provider’s total liability to you for all damages (other than as may be required by applicable law in cases involving personal injury or death) exceed the amount of two hundred dollars (US$200.00). The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.YOU AND APPLICATION PROVIDER AGREE THAT ANY PROCEEDINGS TO RESOLVE OR LITIGATE ANY DISPUTE WILL BE CONDUCTED SOLELY ON AN INDIVIDUAL BASIS, AND THAT NEITHER YOU NOR APPLICATION PROVIDER WILL SEEK TO HAVE ANY DISPUTE HEARD AS A CLASS ACTION, A REPRESENTATIVE ACTION, A COLLECTIVE ACTION, A PRIVATE ATTORNEY-GENERAL ACTION, OR IN ANY PROCEEDING IN WHICH YOU OR APPLICATION PROVIDER ACTS OR PROPOSES TO ACT IN A REPRESENTATIVE CAPACITY. YOU AND APPLICATION PROVIDER FURTHER AGREE THAT NO PROCEEDING WILL BE JOINED, CONSOLIDATED, OR COMBINED WITH ANOTHER PROCEEDING WITHOUT THE PRIOR WRITTEN CONSENT OF YOU, APPLICATION PROVIDER, AND ALL PARTIES TO ANY SUCH PROCEEDING.
  9. The Licensed Application together with all intellectual property rights associated therewith or incorporated therein shall at all times remain the exclusive property of Application Provider and its licensors. The Licensed Application is protected by copyright under both United States and foreign laws.
  10. You may not use or otherwise export or re-export the Licensed Application except as authorized by United States law and the laws of the jurisdiction in which the Licensed Application was obtained. In particular, but without limitation, the Licensed Application may not be exported or re-exported (i) into any U.S. embargoed countries or (ii) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Department of Commerce Denied Person’s List or Entity List. By using the Licensed Application, you represent and warrant that you are not located in any such country or on any such list. You also agree that you will not use these products for any purposes prohibited by United States law, including, without limitation, the development, design, manufacture or production of nuclear, missiles, or chemical or biological weapons.
  11. The Licensed Application and related documentation are “Commercial Items”, as that term is defined at 48 C.F.R. §2.101, consisting of “Commercial Computer Software” and “Commercial Computer Software Documentation”, as such terms are used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202, as applicable. Consistent with 48 C.F.R. §12.212 or 48 C.F.R. §227.7202-1 through 227.7202-4, as applicable, the Commercial Computer Software and Commercial Computer Software Documentation are being licensed to U.S. Government end users (i) only as Commercial Items and (ii) with only those rights as are granted to all other end users pursuant to the terms and conditions herein. Unpublished-rights reserved under the copyright laws of the United States.
  12. No waiver by Application Provider of Your breach or default under this License shall be deemed to be a waiver of any subsequent breach or default.
  13. If any part of this License is found void or unenforceable it will not affect the validity of the balance of the license which shall remain valid and enforceable according to its terms.
  14. Application Provider may modify or discontinue this License from time to time. Any changes to this License will be posted on Application Provider’s website. In addition, this License will always indicate the date it was last revised. You are deemed to have accepted and agreed to be bound by any changes to this License when You use the Licensed Application or Services after those changes are posted.
  15. The laws of the State of California excluding its conflicts of law rules, shall govern this License and your use of the Licensed Application. Your use of the Licensed Application and the Services may also be subject to other local, state, national, or international laws.
  16. Any dispute with Application Provider or any of its officers, directors, employees, agents or affiliates, arising under or in relation to this License shall be resolved exclusively through the applicable state or federal courts located in County of San Diego State of California, the small-claims court of the Superior Court of California within the City and County of San Diego, California, except with respect to imminent harm requiring temporary or preliminary injunctive relief in which case either party may seek such relief in any court with jurisdiction over the other party. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Licensed Application, the Service or this License must be filed within one (1) year after such claim or cause of action arose or be forever barred. You understand that, in return for agreement to this provision, Application Provider is able to offer the Licensed Application and Services to you on the designated terms, and that Your agreement to this provision is an indispensable consideration to this License. You acknowledge and understand that, with respect to any dispute with Application Provider or any of its officers, directors, employees, agents or affiliates, arising out of or relating to this License and/or Your use of the Licensed Application or Services:
    1. YOU ARE GIVING UP YOUR RIGHT TO HAVE A TRIAL BY JURY; and
    2. YOU ARE GIVING UP YOUR RIGHT TO SERVE AS A REPRESENTATIVE, AS A PRIVATE ATTORNEY GENERAL, OR IN ANY OTHER REPRESENTATIVE CAPACITY, OR TO PARTICIPATE AS A MEMBER OF A CLASS OF CLAIMANTS, IN ANY LAWSUIT INVOLVING ANY SUCH DISPUTE.
  17. This License represents the entire understanding between You and Application Provider regarding the Licensed Application and the Services and supersedes and prior agreements with respect to the licensing of the Licensed Application and provision of the Services to You.

End User License Agreement

3D4Medical (“Application Provider”) provides the application (“Licensed Application”) through which the Services (as defined below) are delivered and licensed to you (“You” or “Your”) solely for use under the terms of this End User License Agreement (this “License”). Additional products or applications may also be provided to You which are accompanied and governed by separate license agreements. Application Provider reserves all rights not expressly granted to You. IF ANY OF THESE TERMS ARE UNACCEPTABLE TO YOU, DO NOT USE THE LICENSED APPLICATION OR THE SERVICE.
  1. Scope of License. The license granted to You for the Licensed Application is limited to a non-transferable license to use the Licensed Application on any iPhone, iPod Touch, iPad or similar device that You own or control and as permitted by the Usage Rules set forth in Section 9.b. of the App Store Terms and Conditions as may be amended from time to time (the “Usage Rules”) to receive the services provided by Application Provider (the “Services”). This License does not allow You to use the Licensed Application on any device that You do not own or control, and You may not distribute or make the Licensed Application available over a network where it could be used by multiple devices at the same time. You may not rent, lease, lend, sell, redistribute or sublicense the Licensed Application. This license does not include any resale or commercial use of the Licensed Application or the Service. Further, You may not copy, decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create any derivative works of the Licensed Application, any updates, or any part thereof (except as and only to the extent any foregoing restriction is prohibited by applicable law or to the limited extent as may be permitted by the licensing terms governing any open source components included within the Licensed Application). Any attempt to do so is a violation of the rights of the Application Provider and its licensors. If You breach this restriction, then You may be subject to prosecution and/or damages. This License will govern any upgrades provided by Application Provider that replace and/or supplement the original Product, unless such upgrade is accompanied by a separate license in which case the terms of that license will govern.
  2. Consent to Use of Data. You agree that Application Provider may collect and use technical data and related information including, but not limited to, technical information about Your device, system, application software, and peripherals, to facilitate the provision of the Services, updates, support and other services to You (if any). Subject to any limitations imposed by applicable law, Application Provider may also use or share this information with third parties as long as it is in a form that does not personally identify You, to improve and/or provide its products, services and technologies.
  3. Termination. This License is effective until terminated by You or Application Provider. Your rights under this License will terminate automatically without notice from Application Provider if You fail to comply with any term of this License. Upon termination of this License, You shall cease all use of the Licensed Application, and delete or destroy all copies, full or partial, of the Licensed Application.
  4. Services; Third Party Materials. The Licensed Application enables access to the Services as well as third-party services and websites. Use of such Services and third-party services and websites may require Internet access and further require that You accept and comply with additional terms of service.
    1. You understand that by using the Licensed Application and the Services, You may encounter content, data, information, applications, links to third-party websites or other materials (“Third-Party Materials”) that may be deemed offensive, indecent, explicit or otherwise objectionable, and that the results of any search or entering a particular URL may automatically and unintentionally generate links or references to such material. Accordingly, You agree to use the Licensed Application and the Services at Your sole risk and that Application Provider shall not have any liability to You for any Third-Party Materials that may be found to be offensive, indecent, explicit or otherwise objectionable.
    2. By using the Application and the Services, You agree that Application Provider is not responsible for the content, accuracy, security, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect of any Third Party Materials or websites. Application Provider does not warrant or endorse and does not assume and will not have any liability or responsibility to You or any other person for any Third Party Materials or websites, or for any other materials, products, or services of any third parties.
    3. You agree that the Services may contain proprietary content, information and material that is protected by applicable intellectual property and other laws. You will not use such proprietary content, information or materials in any way whatsoever except for permitted use of the Services for personal use as described below. No portion of the Services may be reproduced in any form or by any means except for personal use as described below. You agree not to modify, rent, lease, loan, sell, distribute, or create derivative works based on the Services, in any manner, and You shall not exploit the Services in any unauthorized or illegal way. You further agree not to use the Services in any manner to harass, abuse, stalk, threaten, defame or otherwise infringe or violate the rights of any third party, and that Application Provider is not in any way responsible for any such use by You, nor for any harassing, threatening, defamatory, offensive or illegal messages or transmissions that You may receive as a result of using the Application or the Services. The Licensed Application allows You to create two-dimensional images directly from the Licensed Application (“Images”). You may use and share the Images for personal but may not license or sublicense the Images for any commercial purposes without the written permission of 3D4medical.com LLC. [Without limitation, and by way of example only, you may share the Image with a doctor or patient for informational purposes solely but may not license or allow the Image to be sublicensed commercially or uploaded to any commercial or free-image site.] Furthermore you may not use and share Images without correctly publishing the appropriate credit line as per industry standards and as is built into the image share feature within the application.
    4. You agree that the Services, third-party services and Third Party Materials may not be available in all languages or in all countries. Application Provider makes no representation that the Services, third-party services or Third-Party Materials are appropriate or available for use in any particular location. To the extent You choose to access any Services, third-party services or Third Party Materials, You do so at Your own risk and are responsible for compliance with all applicable laws including, but not limited to, all applicable local laws. Application Provider, and its licensors, reserve the right to change, suspend, remove, or disable access to any Service at any time without notice. In no event will Application Provider be liable for the removal or disabling of access to any such Service. Application Provider may also impose limits on the use of or access to certain Services, in any case and without notice or liability.
  5. No Representations or Warranties.
    1. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE LICENSED APPLICATION AND THE SERVICES IS AT YOUR SOLE RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE LICENSED APPLICATION AND ANY SERVICES ARE PROVIDED EXCLUSIVELY “AS IS” AND “AS AVAILABLE”, WITH ALL FAULTS AND WITHOUT ANY REPRESENTATION OR WARRANTY OF ANY KIND. APPLICATION PROVIDER HEREBY DISCLAIMS ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS WITH RESPECT TO THE LICENSED APPLICATION AND THE SERVICES, EITHER EXPRESS, IMPLIED OR STATUTORY INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, QUALITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, CONTINUOUS OPERATION, AND NON-INFRINGEMENT. APPLICATION PROVIDER HEREBY DISCLAIMS ALL LIABILITY AND RESPONSIBILITY ARISING FROM ANY RELIANCE PLACED ON THE LICENSED APPLICATION AND SERVICES BY YOU. APPLICATION PROVIDER ACCEPTS NO RESPONSIBILITY FOR KEEPING THE LICENSED APPLICATION OR SERVICES UP TO DATE OR COMPLETE OR LIABILITY FOR ANY FAILURE TO DO SO. APPLICATION PROVIDER DOES NOT WARRANT THAT THE SERVICE AND ANY PRODUCTS LICENSED WILL MEET YOUR REQUIREMENTS, THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE OR THAT ANY DEFECTS IN THE LICENSED APPLICATION OR SERVICES WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY APPLICATION PROVIDER OR ITS AUTHORIZED REPRESENTATIVES SHALL CREATE ANY WARRANTY. SHOULD THE LICENSED APPLICATION OR SERVICES PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION.
    2. You agree that the fees charged by Application Provider and paid by You are based on and reflective of the allocation of risk contemplated by this section and that the limitations in this section are an essential element of the agreement between You and Application Provider.
    3. Some jurisdictions do not allow the exclusion of implied warranties or limitations on applicable statutory rights of a consumer, so the above exclusion and limitations may not apply to You.
  6. Use of Licensed Application and Services. You agree that the Licensed Application and Services are designed to be used solely by consumers under medical, physiotherapy or other appropriate medical professional supervision as part of a treatment plan prescribed by a qualified and licensed medical, physiotherapist or other appropriate medical practitioner. You warrant that You will not use, nor shall You permit, the Licensed Application or Services to be used except under such supervision and only as prescribed. The Licensed Application and Services do not constitute the practice of medicine and are neither professional medical nor physiotherapy advice. Moreover, Licensed Application and Services are not designed to be used as a substitute for professional medical or physiotherapy advice or judgment. Due to the large variety of potential applications for the Licensed Application and Services, neither the Services nor the Licensed Application have been tested for all conditions.
  7. Indemnification. You hereby indemnify and hold harmless, and upon Application Provider’s request, defend, Application Provider and its affiliates (and their respective directors, officers and employees) from and against any and all losses, liabilities, damages, costs or expenses (including reasonable attorneys’ fees and costs) arising out of any claim, action, or proceeding brought by a third party based on: (i) your use of the Licensed Application and Service; (ii) a breach of any warranty, representation, covenant or obligation of yours under this Agreement; or (iii) your violation of any third party right. You will reimburse Application Provider and its affiliates on demand for any actual payments made in resolution of any liability or claim that is subject to indemnification under this Section g, provided that Application Provider attempts to obtain your written consent prior to making such payments, and such consent is not unreasonably withheld, delayed or conditioned. Application Provider shall promptly notify you of any such claim, and you shall assume control of the defense of such claim upon Application Provider’s request. Application Provider shall have the right, at its expense, to participate in the defense thereof under your direction.
  8. Limitation of Liability. IN NO EVENT SHALL APPLICATION PROVIDER BE LIABLE FOR ANY PERSONAL INJURY, DEATH OR FOR ANY INCIDENTAL, SPECIAL, INDIRECT, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION OR ANY OTHER DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE LICENSED APPLICATION OR THE SERVICES HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE) AND EVEN IF APPLICATION PROVIDER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW OR RESTRICT THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, DEATH, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. In no event shall Application Provider’s total liability to you for all damages (other than as may be required by applicable law in cases involving personal injury or death) exceed the amount of two hundred dollars (US$200.00). The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.

    YOU AND APPLICATION PROVIDER AGREE THAT ANY PROCEEDINGS TO RESOLVE OR LITIGATE ANY DISPUTE WILL BE CONDUCTED SOLELY ON AN INDIVIDUAL BASIS, AND THAT NEITHER YOU NOR APPLICATION PROVIDER WILL SEEK TO HAVE ANY DISPUTE HEARD AS A CLASS ACTION, A REPRESENTATIVE ACTION, A COLLECTIVE ACTION, A PRIVATE ATTORNEY-GENERAL ACTION, OR IN ANY PROCEEDING IN WHICH YOU OR APPLICATION PROVIDER ACTS OR PROPOSES TO ACT IN A REPRESENTATIVE CAPACITY. YOU AND APPLICATION PROVIDER FURTHER AGREE THAT NO PROCEEDING WILL BE JOINED, CONSOLIDATED, OR COMBINED WITH ANOTHER PROCEEDING WITHOUT THE PRIOR WRITTEN CONSENT OF YOU, APPLICATION PROVIDER, AND ALL PARTIES TO ANY SUCH PROCEEDING.
  9. The Licensed Application together with all intellectual property rights associated therewith or incorporated therein shall at all times remain the exclusive property of Application Provider and its licensors. The Licensed Application is protected by copyright under both United States and foreign laws.
  10. You may not use or otherwise export or re-export the Licensed Application except as authorized by United States law and the laws of the jurisdiction in which the Licensed Application was obtained. In particular, but without limitation, the Licensed Application may not be exported or re-exported (i) into any U.S. embargoed countries or (ii) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Department of Commerce Denied Person’s List or Entity List. By using the Licensed Application, you represent and warrant that you are not located in any such country or on any such list. You also agree that you will not use these products for any purposes prohibited by United States law, including, without limitation, the development, design, manufacture or production of nuclear, missiles, or chemical or biological weapons.
  11. The Licensed Application and related documentation are “Commercial Items”, as that term is defined at 48 C.F.R. §2.101, consisting of “Commercial Computer Software” and “Commercial Computer Software Documentation”, as such terms are used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202, as applicable. Consistent with 48 C.F.R. §12.212 or 48 C.F.R. §227.7202-1 through 227.7202-4, as applicable, the Commercial Computer Software and Commercial Computer Software Documentation are being licensed to U.S. Government end users (i) only as Commercial Items and (ii) with only those rights as are granted to all other end users pursuant to the terms and conditions herein. Unpublished-rights reserved under the copyright laws of the United States.
  12. No waiver by Application Provider of Your breach or default under this License shall be deemed to be a waiver of any subsequent breach or default.
  13. If any part of this License is found void or unenforceable it will not affect the validity of the balance of the license which shall remain valid and enforceable according to its terms.
  14. Application Provider may modify or discontinue this License from time to time. Any changes to this License will be posted on Application Provider’s website. In addition, this License will always indicate the date it was last revised. You are deemed to have accepted and agreed to be bound by any changes to this License when You use the Licensed Application or Services after those changes are posted.
  15. The laws of the State of California excluding its conflicts of law rules, shall govern this License and your use of the Licensed Application. Your use of the Licensed Application and the Services may also be subject to other local, state, national, or international laws.
  16. Any dispute with Application Provider or any of its officers, directors, employees, agents or affiliates, arising under or in relation to this License shall be resolved exclusively through the applicable state or federal courts located in County of San Diego State of California, the small-claims court of the Superior Court of California within the City and County of San Diego, California, except with respect to imminent harm requiring temporary or preliminary injunctive relief in which case either party may seek such relief in any court with jurisdiction over the other party. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Licensed Application, the Service or this License must be filed within one (1) year after such claim or cause of action arose or be forever barred. You understand that, in return for agreement to this provision, Application Provider is able to offer the Licensed Application and Services to you on the designated terms, and that Your agreement to this provision is an indispensable consideration to this License. You acknowledge and understand that, with respect to any dispute with Application Provider or any of its officers, directors, employees, agents or affiliates, arising out of or relating to this License and/or Your use of the Licensed Application or Services:
    1. YOU ARE GIVING UP YOUR RIGHT TO HAVE A TRIAL BY JURY; and
    2. YOU ARE GIVING UP YOUR RIGHT TO SERVE AS A REPRESENTATIVE, AS A PRIVATE ATTORNEY GENERAL, OR IN ANY OTHER REPRESENTATIVE CAPACITY, OR TO PARTICIPATE AS A MEMBER OF A CLASS OF CLAIMANTS, IN ANY LAWSUIT INVOLVING ANY SUCH DISPUTE.
  17. This License represents the entire understanding between You and Application Provider regarding the Licensed Application and the Services and supersedes and prior agreements with respect to the licensing of the Licensed Application and provision of the Services to You.

Terms of Use

Thank you for choosing Complete Anatomy. Please read the following End User License Agreement (the “Terms”) before accessing the Complete Anatomy (“Software”) as they govern your use of 3D4Medical LLC’s, and any of its group or related companies (together “3D4”), website located at www.3d4medical.com and related websites (“Sites”) and the services accessible via the Software the Sites and set out important information regarding your use thereof and your obligations. To make these Terms easier to read, the Software, Sites, services and Content are collectively referred to herein as the “Services.” By downloading, installing or using the Services, you indicate that you understand this Agreement and accept all the Terms contained herein and agree to be bound by such Terms. If you do not accept all the Terms of this Agreement, then you may not use the Services. 3D4 may modify the Terms at any time, in its sole discretion: if 3D4 does so, 3D4 will let you know by either posting the modified Terms on the Sites, on the Software, or through other communications. You are responsible for reviewing and becoming familiar with the Terms whenever they are modified because if you continue to use the Services after 3D4 has posted the modified Terms, you are indicating that you agree to be bound by such modified Terms. If you do not agree to be bound by the modified Terms, then you may not use the Services anymore. This Agreement is void where prohibited by law and the right to access the Software and Services is revoked in such jurisdictions. A User, for the purposes of this Agreement, means any individual that downloads or uses the Software or Services (“User”).

1. Provision of Access to the Services

Subject to your compliance with the terms and conditions of this Agreement, 3D4 may provide you with access to the Services, solely for your own use. Such Services may include, but are not limited to, any service that 3D4 provides, as well as the offering of any material displayed or performed via the Services, including text, graphics, photographs, images, illustrations, music, audio, video, works of authorship of any kind, and any information or other materials that are posted, generated, provided or otherwise made available through the Services (the “Content”).

User responsibility

You are responsible for all activities that occur under your Account, whether or not you know about them. You may not post or transmit, or cause to be posted or transmitted, any communication or solicitation designed or intended to obtain password, account or private information from another User. You shall not use any part of Services to violate the security of any computer network, crack passwords or security encryption codes, transfer or store material that is deemed threatening or obscene, or engage in any kind of illegal activity.

User age

You certify to 3D4 that you are an individual (and not a corporation) and that you are at least 13 years of age and are not barred from using the Services under any applicable law.

Availability of services

3D4 will use commercially reasonable efforts to ensure that the Services are available to you without interruption as much as reasonably possible, subject to any downtime for system maintenance, upgrades, or any unforeseen or emergency circumstances. All reasonable steps will be taken by 3D4 to minimize such disruption where it is within 3D4’s reasonable control. You agree that 3D4 will not be liable in any event to you or any other party for any suspension, modification, discontinuance or lack of availability of the Services, you User Content or other content.

Changes to services

If 3D4 makes any material changes to the Services, you will be notified within the Services or by email. Notwithstanding the above, 3D4 has no obligation to update or enhance the Services or to produce or release new versions of same. As the Services are evolving over time, 3D4 may change or discontinue all or any parts, features, components or functions of the Services. Free Services may become paid Services at any time, without notice and in 3D4’s sole discretion.

Interruption to services

Notwithstanding anything else in this Agreement, 3D4 may change, suspend or discontinue the Services, or any Content, features, components or functions thereof, for any reason and at any time, without prior notice to you. 3D4 may also impose limits on certain features and services or restrict your access to parts or all of the Services without notice or liability. 3D4 may also do so if it reasonably determines that: (a) you breached this Agreement, the Intellectual Property Rights of a third party or applicable laws, or any activity or use of the Services in connection with your Account is otherwise disruptive or harmful to 3D4Medical or any third party; or (b) 3D4 is required to do so by law. In the event that 3D4 chooses to discontinue the Services, or any features, components or functions thereof, upon notifying you, it will have no obligation to maintain same.

Telecommunications & ointernet services

You acknowledge and agree that your use of the Services is dependent upon access to telecommunications and Internet services. You are solely responsible for acquiring and maintaining all telecommunications and Internet services and other hardware and software required to access and use the Services, including, without limitation, any and all costs, fees, expenses, and taxes of any kind related to the foregoing. 3D4Medical will not be responsible for any loss or corruption of data, lost communications, or any other loss or damage of any kind arising from any such telecommunications and Internet services.

2. No Medical Advice

3D4 is not a healthcare provider and nor does it provide medical advice of any description. The Software is not a medical device, nor is it a form of Decision Support Software. You should not rely on the information provided via the Services as a substitute for professional medical advice, diagnosis or treatment, nor does it replace same. Please seek professional medical advice, diagnosis or treatment for any medical concern or condition. You can use the information provided in the Services to discuss your concerns with your healthcare provider. Information provided in the Services is provided for informational purposes only and is in no way intended to substitute for consulting a medical or healthcare professional. Nothing stated or posted on the Services are intended to be, and must not be taken to be, the practice of medicine or any type of healthcare, the provision of medical or any type of healthcare or a tool to be relied upon by healthcare providers. IF YOU RELY ON ANY OF THE INFORMATION ON THE SERVICES, YOU DO SOLELY AT YOUR OWN RISK.

Personal health information

You must not disclose any information to 3D4 that may constitute Protected Health Information as defined in the Privacy Rule associated with the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”) regulations. You hereby represent and warrant that you will not disclose any such information to 3D4 through your use of the Services.

3. Rights Granted

License granted by 3D4Medical to you

Subject to your compliance with these Terms, 3D4 grants to you a limited, non-exclusive, non-transferable, non-sublicensable license to download and install a copy of the Software on a mobile device or computer that you own or control and to run such copy of the Software solely for your own personal, non-commercial use and solely in connection with your permitted use of the Services. In addition, in connection with the exercise of these rights granted to you under these Terms, you may have the option to use the Services to create recordings in connection with your use of the Content and the Services (“Recordings”). If you wish to publish such Recordings in any way, please contact 3D4 directly as you will need the written consent of 3D4 to do so.

Except as expressly permitted in these Terms, you may not: (i) copy, modify or create derivative works based on the Software or Services; (ii) distribute, transfer, sublicense, lease, lend or rent the Software or Services to any third party; (iii) reverse engineer, decompile or disassemble the Software; (iv) perform, display, or in any way exploit, any of the Content, Software, materials or Services, in whole or in part; or (v) make the functionality and/or Content available to multiple users through any means. 3D4 reserves all rights in and to the Software and Services not expressly granted to you under these Terms.

License granted by you to 3D4Medical

You hereby grant to 3D4 a worldwide, perpetual, irrevocable, transferable, assignable, sublicensable, fully paid-up and royalty-free license and right to modify, copy, distribute, display and perform, publish, prepare derivative works of, use and incorporate into the Services (without attribution of any kind): (a) any suggestions, enhancements requests, recommendations, proposals, corrections or other feedback or information provided by you in relation to the Services; and (b) your marks and your image in connection with providing the Services and for marketing and promotional purposes in connection with the business of 3D4. Other than those rights specifically granted to 3D4 herein, all right, title and interest in and to your marks and your image are expressly reserved by you.

Presentation license

Certain Subscriptions include a license to present (“Presentation License”). Such a license permits the User to use the Services for presentations in a classroom or lecture setting. Nothing in this Agreement permits any User to: (i) video record lessons and/or upload same to a learning management or similar system (“LMS”); (ii) export images created within the Services to third-party Software for commercial gain (e.g. for use in a book or similar). If you wish to do (i) or (ii) above, please contact 3D4 directly as you will need the written consent of 3D4 to do so.

Patient Education license

Certain Subscriptions include a license to use the Services for the purposes of patient education (“Patient Education License”). Such a license permits the User to use the Services for demonstration purposes in a consultation setting.

Groups

Subject to some restrictions, you may create Groups (“Groups”) in the Services. The User that creates the Group is the administrator of that Group (“Administrator”). The Administrator selects the Users who are permitted to be part of a Group. Group members may communicate and share Content and/or User-Submitted Content with the Group. You hereby agree to being added to a Group(s) and receiving any and all Content and/or User-Submitted Content that might be sent to you by the Administrator(s).

Dashboard

Certain Licenses include access to the Dashboard, where the license holder can track certain progress of Student Plus license holders. Where you a Student Plus license holder, you hereby agree to such a license holder having access to the information that is collated on the Dashboard. Where you are an Educator license holder, you are solely responsible for the security of the information held about your students.

Changes to your license type

3D4 reserves the right to change your license type at any time and for any or no reason, without notice to you, but will endeavor to contact you by email in relation to same in the event that changes are made. 

Registration / Payment / Subscription

Registration

Before you can begin using certain Services, you will be required to create an account (“Account”) via the Services by providing some basic information, including your name and email address (“Account Information”). You can do this via the Services or you may be able to do so through your Account with certain third party services such as Facebook or Twitter (each an “SNS Account”). If you choose the SNS Account option, 3D4 will create your Account by extracting certain personal information from your SNS Account, such as your name and email address and other personal information that your privacy settings on the SNS Account permit 3D4 to access. It is important that you provide 3D4 with accurate, complete and up-to-date information for your Account and you agree to update such information, as needed, to keep it accurate, complete and up-to-date. If you do not do so, 3D4 may suspend or terminate your Account at any time and without notice to you. You agree that you will not disclose your Account password to anyone and you will immediately notify 3D4 of any unauthorized or suspected unauthorized use of your Account. You hereby irrevocably authorize 3D4 to disclose your personally identifiable information at the request of any state, federal or other governmental agency or in response to any judicial process.

Payment

By purchasing or subscribing to the Services, you expressly authorize 3D4 (or its third party processor, such as Apple App Store, Google Play Store, or any other platform via which 3D4 makes the Software available (the “Application Platform”)) to charge you for the Services and any purchases that you make in the Software. 3D4, or its third-party payment processor, may ask you to supply information for the processing of your payment, including, but not limited to, your credit card number, the expiration date of the credit card, your address and any additional information to verify your identity (the “Payment Information”). You represent and warrant that you have the legal right to use all payment method(s) represented as any such Payment Information. You authorize 3D4 to provide your Payment Information to third parties in order that your payment for the Services or and any in- app purchases that you might make (plus any applicable taxes and other charges) can be completed.

Paid features

Some of the Services are available for free. Other features must be paid for (“Paid Features”). You agree to pay for the applicable Paid Features that you wish to purchase via the Services. 3D4 will communicate the payments options available to you via the Services when you create your Account. Your receipt of the Services is conditioned upon timely payment for the applicable Services.

Account Types

Unregistered and unpaid

3D4 may provide certain basic features of the Services at no charge to those that have not registered, these features may include: access to the full male skeleton and connective tissue; access to the female pelvis skeleton + connective tissue; search, undo and redo functions.

Registered but unpaid

3D4 may provide certain basic features of the Services at no charge to those that have registered. These features may include: Tabs; some tools; access to and saving of a number of Screens and Recordings featuring skeletal and connective systems; access to a limited number of videos from each video set. 3D4 reserves the right to remove, add or modify such features, as well as terminate such Accounts, at any time and without notice.

Subscription accounts

You may choose to pay an annual subscription for a particular type of license, as set out in the Services (“Subscription Account”). 3D4 reserves the right to remove, add or modify any features of such Accounts at any time and without notice to you. In the event that you purchase a Subscription Account, the fees for your Subscription Account will be billed from the date that you convert to a Subscription Account and on each yearly renewal date thereafter, unless and until you cancel your Subscription Account. 3D4 or the Application Provider will automatically charge your credit card on each renewal date corresponding to the commencement date of your initial subscription. You acknowledge that the amount charged to your card may vary if you purchase promotional offers, change your account or the amount of sales tax varies and you authorize 3D4 or the Application Provider to charge your credit card for such varying amounts. If any fee is not paid in a timely manner or if 3D4 or the Application Provider is unable to process the payment using the Payment Information provided, 3D4 reserves the right to revoke your access to you Subscription Account and content associated with your Account and convert your Subscription Account to a Registered but Unpaid Account.

Fee changes

3D4 may change the fees and charges in effect or add new fees and charges from time to time, but will give you advance notice of such changes by email or in the Services and the option to cancel your subscription if you do not wish to accept the new fees. If you wish to change your Payment Information, you can do so by accessing your Account section in the 3D4 platform or in the appropriate section of your Application Provider. It is your responsibility to keep your Account information and Payment Information updated. 

Free trial period

Where applicable, the Free Trial Period shall commence create an Account and register, and end at the earlier of: (a) the end of the free trial time period as set out in the Services; or (b) the time at which you purchase or subscribe to the Services.

Cancelling your subscription

Your Subscription Account will continue in effect unless and until you cancel it or we terminate it. If you do not wish to renew your Subscription Account, you must cancel your subscription before it renews each year in order to avoid billing of the next year’s fees to your credit card. SUBSCRIPTION ACCOUNTS ARE PREPAID AND NON-REFUNDABLE. 3D4 DOES NOT PROVIDE REFUNDS OR CREDITS FOR ANY PARTIAL SUBSCRIPTION PERIODS. You may cancel your subscription at any time and cancellation will be effective immediately. If you wish to cancel your subscription, you may do so in the relevant Account section but please note that you will not be issued with a refund.

Cancellation of your account

You may cancel your Account at any time by sending an email to 3D4 at info@3D4medical.com. Any fees paid hereunder are non-refundable.

Content

User modifications to 3D4 content

You agree that all modifications to the Content and derivative works created by you based upon the Content (“User Modifications”) and all Recordings created by you are owned by 3D4; therefore, you agree to irrevocably transfer and assign to 3D4, and hereby do so irrevocably transfer and assign to 3D4, all right, title and interest in and to such User Modifications and Recordings, including all intellectual property rights therein. At 3D4’s request and expense, both during and after the term of these Terms, you will assist and cooperate with 3D4 in all respects, and will execute documents, and will take such further acts as reasonably requested by 3D4 to enable it to acquire, transfer, maintain, perfect and enforce its intellectual property rights and/or other legal protections for the User Modifications and User Recordings. You hereby appoint the officers of 3D4 as your attorney-in-fact to execute documents on your behalf for this limited purpose.

Content ownership

Subject to the above, 3D4 does not claim any ownership rights in any User- Submitted Content and nothing in these Terms will be deemed to restrict any rights that you may have to use and exploit your User-Submitted Content, where “User-Submitted Content” means any Content that you or other Users provide or submit to be made available through the Services, including but not limited to, any Content that you provide in connection with creating or updating an Account profile and any content that you create or submit that is based on 3D4 Content. 3D4 and its licensors exclusively own all worldwide right, title and interest in and to the Services and Content that is not your User-Submitted Content, including all worldwide patent rights (including patent applications and disclosures), utility models, rights to inventions, copyright and related rights, trademarks and service marks, business names and domain names, rights in get-up and trade dress, goodwill, rights in design, database rights, know-how and trade secrets, rights to derivative works, mask work rights, and any and all other intellectual property or proprietary rights, in each case whether registered or unregistered and including all applications and rights to apply for and be granted, renewals or extensions of, and rights to claim priority from, such rights and all similar or equivalent rights or forms of protection that subsist now or will subsist in the future in any part of the world (collectively, “Intellectual Property Rights”) therein. You agree not to remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Services or Content. Notwithstanding the above, you hereby do and shall grant to 3D4 a non-exclusive, worldwide, royalty-free, transferable, sublicensable right to use, modify, reproduce, distribute, prepare derivative works of, display, publish, perform and otherwise fully exploit your User -Submitted Content (including all related Intellectual Property rights) in any media format and through any media channel and to allow others to do so. To the extent allowed by law, the foregoing includes all rights of paternity, integrity, disclosure and withdrawal and any other rights that may be known as or referred to as “Moral Rights”. To the extent that you retain any such Moral Rights under applicable law, you hereby ratify and consent to any action that may be taken with respect to such moral rights by 3D4 and agree not to assert any Moral Rights with respect thereto. You also hereby do and shall grant each user of the Services a nonexclusive license to access and use your User-Submitted Content, as permitted through the functionality of the Services, and under this Agreement. You warrant, represent and agree that you have the right to grant 3D4 the rights set forth above.

Rights in user-submitted content

By making any User-Submitted Content available through the Services, you hereby grant to 3D4 a non-exclusive, transferable, sublicensable, worldwide, royalty-free, perpetual license to use, copy, modify, create derivative works based upon, publicly display, publicly perform and distribute copies of your User-Submitted Content in connection with operating and providing the Services to you and to other Account holders. You are solely responsible for all User-Submitted Content created, posted or developed under your username or Account, including content contributed by a third party that you have authorized to post content under your username or Account. If you believe that any User-Submitted Content residing on the Services infringes a copyright, please notify us immediately at info@3d4medical.com. You represent and warrant that you own all your User-Submitted Content or that you have all rights that are necessary to grant 3D4 the license rights in your User-Submitted Content under these Terms. You also represent and warrant that neither your User-Submitted Content, nor your use or provision of your User-Submitted Content to be made available through the Services, nor any use of your User-Submitted Content by 3D4 or other Account holders on or through the Services, will infringe, misappropriate or violate a third party’s intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation. You further represent and warrant to 3D4 that: (i) you have all rights, power and authority to use, and to have 3D4 use any and all of your marks and your image; and (ii) your use and provision of your marks and your image to 3D4, pursuant to this Agreement, will not breach any agreement between you and any third party or violate any applicable local, state or federal laws, regulations, orders or rules.

Copyright protection

The Services are protected as a collective work and/or compilation, pursuant to US Copyright law, international conventions and other copyright laws. The images on the Sites may be used royalty-free for non-commercial, private, educational use only – i.e. lectures and patient education material. Any commercial or public domain use of the images included in books, websites, videos, DVDs and any other use of the images in the public domain (e.g. advertising) will be subject to an additional license. Please contact 3D4Medical for additional information.

User restrictions

You will use the Services exclusively for authorized and legal purposes, consistent with all applicable laws, regulations and the rights of others. You will not submit any infringing, obscene, defamatory, threatening or otherwise unlawful or tortious material, including any material that violates privacy rights. You will not attempt to interfere with or disrupt the Services or attempt to gain access to any systems or networks that connect thereto, except as required to access and use the Services. Except as expressly specified in this Agreement, you will not: (a) Post, upload, publish, submit, broadcast or transmit any User-Submitted Content, or exercise your license rights to use the Content that might result in content, a User Modification or Recording that: (i) infringes, misappropriates or violates a third party’s intellectual property rights, or rights of publicity or privacy; (ii) violates or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is libelous, abusive, indecent, defamatory, obscene, pornographic, vulgar, threatening, harassing, hateful or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any person or entity; or (vii) promotes illegal or harmful activities or substances; (viii) reveals any trade secret, unless you own the trade secret or have the owner’s permission to post it; (b) Access, tamper with or use non-public areas of the Services, 3D4’s computer systems, or the technical delivery systems of 3D4’s providers; (c) Attempt to probe, scan or test the vulnerability of any 3D4 system or network or breach any security or authentication measures; (d) Avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by 3D4 or any of 3D4’s providers or any other third party (including another User) to protect the Services; (e) Attempt to access or search the Services or Content or download Content from the Services through the use of any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, data mining tools or the like) other than the Software and/or search agents provided by 3D4; (f) Send any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters or other form of solicitation; (f) Use any meta tags or other hidden text or metadata utilizing a 3D4Medical trademark, logo, URL or product name without 3D4’s express written consent; (g) Attempt to decipher, decompile, disassemble or reverse engineer any of the Software used to provide the Services or Content; (h) Interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Services; (i) Collect or store any personally identifiable information of other users of the Services without their express permission; (j) Impersonate or misrepresent your affiliation with any person or entity in connection with your use of the Services; (k) Violate any applicable law or regulation; or (l) Encourage or enable any other individual to do any of the foregoing.

Monitoring

You acknowledge and agree that 3D4 is not obligated to police or monitor access to or use of the Services, including User-Submitted Content or communications transmitted through the Services, or to review or edit any User-Submitted Content, but that 3D4 has the right to do so for the purposes of operating the Services, ensuring compliance with these Terms, and in order to comply with applicable law or other legal requirements. 3D4 reserves the right, but is not obligated, to remove or disable access to any Content, including User-Submitted Content, at any time and without notice, including, but not limited to, if 3D4, in its sole discretion, considers any User-Submitted Content to be objectionable or in violation of these Terms. 3D4 has the right to investigate violations of these Terms or conduct that affects the Services. 3D4 may also consult and cooperate with law enforcement authorities to prosecute Users that violate the law. 3D4 is not responsible for your User-Submitted Content, communications or transmissions. You acknowledge that you will promptly notify 3D4 of any suspected or alleged breach of this Agreement and will cooperate with 3D4 with respect to: (i) any investigation by 3D4 of any suspected breach of this Agreement; or (ii) any action by 3D4 to enforce this Agreement.

Feedback

3D4 welcomes feedback, comments and suggestions for improvements to the Services (“Feedback”). You can submit such Feedback by emailing 3D4 at info@3d4medical.com. You acknowledge that any such Feedback shall become the property of 3D4 and 3D4 will not be required to treat such Feedback as confidential and will not be liable for any ideas (including, without limitation, product or advertising ideas) and will not incur any liability as a result of any similarities that may appear in our future sites, applications, products, services or operations. Without limitation, 3D4 will have exclusive ownership of all current and future rights to the Feedback of every kind and nature everywhere and will be entitled to use the Feedback for any commercial or other purpose whatsoever, without compensation to you or any other person. You acknowledge that you are responsible for whatever Feedback that you submit and that you (and not 3D4) have full responsibility for the message, including its legality, reliability, appropriateness, originality and copyright.

Warranty disclaimer

THIS SECTION APPLIES TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. 3D4 HAS NO SPECIAL RELATIONSHIP OR DUTY TO YOU. YOU ACKNOWLEDGE THAT 3D4 HAS NO CONTROL OVER, AND NO DUTY TO TAKE ACTION REGARDING WHICH USERS GAIN ACCESS TO THE SERVICES, WHAT CONTENT YOU ACCESS VIA THE SERVICES; WHAT EFFECTS THE CONTENT MAY HAVE ON YOU; HOW YOU MAY INTERPRET OR USE THE CONTENT OR WHAT ACTIONS THAT YOU MAY TAKE AS A RESULT OF BEING EXPOSED TO THE CONTENT. 3D4 MAKES NO REPRESENTATIONS CONCERNING CONTENT CONTAINED IN THE SITES OR SERVICES AND WILL NOT BE RESPONSIBLE OR LIABLE FOR THE ACCURACY, COPYRIGHT,COMPLIANCE, LEGALITY OR DECENCY OF MATERIAL CONTAINED IN OR ACCESSED THROUGH THE SERVICES. THE SOFTWARE, SERVICES, SITES AND CONTENT ARE PROVIDED AS “AS IS,” WITHOUT WARRANTIES OF ANY KIND. 3D4 DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF THE COURSE OF DEALING OR USAGE OF TRADE. 3D4 MAKES NO WARRANTIES THAT THE SERVICES WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. 3D4 MAKES NO WARRANTY REGARDING THE QUALITY, ACCURACY (INCLUDING MEDICAL ACCURACY), TIMELINESS, AVAILABILITY, LEGALITY, TRUTHFULNESS, COMPLETENESS, RELIABILITY OR OPERABILITY OF MATERIAL, CONTENT, SOFTWARE OR SERVICES. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM 3D4MEDICAL OR ELSEWHERE, WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT. 3D4 DISCLAIMS ANY WARRANTY THAT THE SOFTWARE OR SERVICES WILL BE ERROR-FREE OR UNINTERRUPTED OR THAT ALL ERRORS WILL BE CORRECTED. YOU ASSUME SOLE RESPONSIBILITY AND LIABILITY FOR RESULTS OBTAINED FROM THE USE OF THE SOFTWARE AND SERVICES OR AND FOR ANY AND ALL CONCLUSIONS DRAWN FROM SUCH USE. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

Third party websites

Links to third party websites or resources

The Services may contain links to third- party websites or resources. 3D4 provides these links only as a convenience, does not have any control over and is not responsible for the content, products or services on or available on those websites or resources or links displayed on thereon. You acknowledge that you take sole responsibility for and assume all risk arising from your use of any third-party websites or resources.

Indemnity

To the extent permitted by applicable law, you agree to defend, indemnify and hold 3D4 harmless, its officers, directors, employees, agents and representatives from and against any and all claims, demands, damages, obligations, losses, liabilities, costs or debts, and expenses (including, but not limited to, attorney’s fees) arising from: (i) your use of and access to the Services; (ii) your violation of any term of these Terms; (iii) your negligence or misconduct; (iv) your provision of medical care; (v) a claim that a serious health event or bodily injury resulted from your use of the Services; (vi) your violation of any third party right, including, without limitation, any copyright, property, or privacy right; (iv) your infringement, or the infringement by any third party using your registration information or Account, of any intellectual property or other right of any person or entity; or (v) any claim that your User-Submitted Content caused damage to a third party. This defence and indemnification obligation will survive these Terms and your use of the Services.

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL 3D4, ITS DIRECTORS, OFFICERS, SHAREHOLDERS, EMPLOYEES, MEMBERS, AGENTS, REPRESENTATIVES OR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES, INCLUDING LOSS OF PROFITS, USE, DATA OR GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE, SYSTEM FAILURE OR THE COST OF SUBSTITUTE SERVICES ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT 3D4 HAS BEEN INFORMED OR ADVISED OF THE POSSIBILITY OF SUCH DAMAGE AND WHETHER OR NOT IT WAS FORESEEABLE. EACH OF SUCH LIMITATION IS INTENDED TO BE ENFORCEABLE REGARDLESS OF WHETHER ANY OTHER EXCLUSIVE OR NON-EXCLUSIVE REMEDY UNDER THIS AGREEMENT FAILS OF ITS ESSENTIAL PURPOSE. THE EXCLUSIONS AND LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN 3D4 AND YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, 3D4’S TOTAL LIABILITY ARISING UNDER THIS AGREEMENT, FROM ANY AND ALL CAUSES OF ACTION AND ALL THEORIES OF LIABILITY, SHALL BE LIMITED TO THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE SERVICES DURING THE 12 (TWELVE) MONTHS IMMEDIATELY PRECEEDING THE DAY THAT THE ACT OF OMISSION THAT GAVE RISE TO YOUR CLAIM OCCURRED. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU. IN RESPECT OF ANY CONDITIONS, WARRANTIES OR GUARANTEES THAT CANNOT BE LAWFULLY EXCLUDED, TO THE EXTENT PERMITTED BY LAW 3D4’S LIABILITY IS LIMITED (AT 3D4’S OPTION) TO THE REPLACEMENT, REPAIR, RESUPPLY OR REFUND OF THE RELEVANT SERVICES.

Termination

The term of this Agreement starts when you download the Software and Services and ends when terminated by either party (the “Term”). Either party may terminate the Services at any time by notifying the other party by the means set out in this Agreement. 3D4 may also terminate or suspend any and all Services and access to your Account, without notice or liability, if you breach any of the terms or conditions of this Agreement. Any fees paid hereunder are non-refundable. Upon any such termination, your right to use the Services or access your Account will immediately cease. All provisions of this Agreement that by their nature should survive termination, including, without limitation, ownership provisions, warranty disclaimers and limitations of liability, shall survive termination. 

Personal Information and Privacy

Please review 3D4’s Privacy Policy, which explains and governs how 3D4 collects, uses, manages and discloses data from its Users that are submitted to the Services. The 3D4 Privacy Policy forms part of your entire agreement with 3D4 and by using the Services, you indicate that you agree to be bound by same. The Privacy Policy is accessible at www.3d4medical.com/privacypolicy (or such other URL as specified by 3D4), as may be updated by 3D4 from time to time.

Support

As part of the Services, 3D4 may provide 3D4’s standard support services as set out at https://3d4medical.com/category/support, or other such URL that may be specified by 3D4 and as may be updated by 3D4 from time to time.

Governing Law

This Agreement will be governed by and construed in accordance with the laws of California, without regard to or application of conflict of laws rules or principles. Both parties agree to submit to the personal and exclusive jurisdiction of the state and federal courts of San Francisco to resolve any dispute or claim arising from this Agreement. The United Nations Convention on Contracts for the International Sale of Goods will not apply. Use of the Services is not authorized in any jurisdiction that does not give effect to all provisions of this Agreement, including, without limitation, this section.

Miscellaneous

Assignment

You may not assign, delegate or transfer this Agreement or any rights hereunder, in whole or in part, by operation of law or otherwise, without 3D4’s prior written consent and any attempt to do so will be void. 3D4 may freely assign or transfer this Agreement, in whole or in part, by operation of law or otherwise, without notice to you.

Notices

All notices or approvals required or permitted under this Agreement will be delivered to you within the Services or to the email address that 3D4 has on file for your Account. You hereby consent to receive notices from 3D4 by the foregoing means, and such notices will be deemed effective when sent on a business day, and if not sent on a business day, then on the next business day. Except as otherwise specified in the Agreement, any notices to 3D4 under this Agreement shall be in writing and shall be deemed effective upon receipt when sent by confirmed email to info@3d4medical.com, or when delivered via first class registered U.S. mail, overnight courier, first class, registered or certified mail to 3D4Medical LLC., 15633 Rising River Place North, San Diego CA 92127, USA.

Waiver & severability

The failure by either party to exercise or enforce, in any respect, any right provided for herein, shall not be deemed a waiver of that or any other provision herein. If any provision of this Agreement is held to be unenforceable or invalid, that provision will be limited to the minimum extent necessary so that the Agreement shall otherwise remain in full force and effect and enforceable.

Force majure

3D4 shall not be liable for any failure or delay in performance under this Agreement for causes beyond its reasonable control and occurring without that party’s fault or negligence, including, but not limited to: mechanical, electronic or communications failure and degradation; acts of God or government; flood, fire or civil unrest; acts of terror; strikes or other labor issues; computer attacks (by government/national entities or otherwise) or malicious acts, such as attacks on or through the Internet, any Internet service provider, telecommunications or hosting facility.

Entire agreement

This Agreement, together with the Privacy Policy, constitutes the complete and exclusive statement of mutual understanding between the parties and supersede any and all previous written and oral agreements, communications and other understandings relating to the subject matter of this Agreement.

Relationship between the parties

The parties to this Agreement are independent contractors and this Agreement does not establish any relationship of agency, partnership, joint venture, employment, or franchise between the parties. You will not have the authority of any kind to bind 3D4 or incur obligations on its behalf in any respect whatsoever.

Contact

If you have any questions regarding this Agreement, please contact 3D4 at info@3d4medical.com.

End User License Agreement

Last updated: 21st August, 2017 Thank you for choosing Complete Heart. Please read the following Terms of Use (the “Terms”) carefully before accessing the Complete Heart platform (“Software”) because they govern your use of 3D4Medical LLC’s, and any of its affiliates’ (together “3D4”), website located at www.3d4medical.com and related websites (“Sites”), the Software, and the services accessible via the Sites and the Software, and set out important information regarding 3D4 and your obligations. To make these Terms easier to read, the Sites, services and Software are collectively referred to herein as the “Services.” By downloading, installing or using the Services, you indicate that you understand this Agreement and accept all the Terms contained herein and agree to be bound by such Terms. If you do not accept all the Terms of this Agreement, then you may not use the Services. 3D4 may modify the Terms at any time, in its sole discretion. If 3D4 does so, 3D4 will let you know by either posting the modified Terms on the Site, on the Software, or through other communications. It is important that you review the Terms whenever they are modified because if you continue to use the Services after 3D4 has posted the modified Terms, you are indicating that you agree to be bound by the modified Terms. If you do not agree to be bound by the modified Terms, then you may not use the Services anymore. If you are accessing and using the Services on behalf of a company (such as your employer) or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to these Terms. In that case, “you” and “your” will refer to that company or other legal entity.
  1. DEFINITIONS
    1. “3D4 Indemnitees” means 3D4, its affiliates and their respective officers, directors and employees.
    2. “Application Platform” means the Apple App Store or any other platform via which 3D4 makes the Software available.
    3. “Confidential Information” means any business or technical information disclosed by one party to the other party that: (i) if disclosed in writing, is marked “confidential” or “proprietary” at the time of disclosure; (ii) if disclosed orally, is identified as “confidential” or “proprietary” at the time of disclosure, and is summarized in a writing sent by the disclosing party to the receiving party within thirty (30) days after any such disclosure; or (iii) under the circumstances, a person exercising reasonable business judgment would understand to be confidential or proprietary.
    4. “Content” means text, graphics, images, music, software, audio, video, works of authorship of any kind, and information or other materials that are posted, generated, provided or otherwise made available through the Services.
    5. “Free Trial Period” means the trial period, during which your use of the Services and Software are provided without payment obligations.
    6. “Indemnitee” means the party seeking indemnification pursuant to Section 8 of this Agreement.
    7. “Indemnitor” means the party who is providing an indemnity to the Indemnitee in accordance with this Agreement.
    8. “Payment Information” means information you supply for the processing of your payment, including, without limitation, your credit card number, the expiration date of your credit card, your address(es) for billing and delivery and any additional information to verify your identity.
    9. “Privacy Policy” means the 3D4 Privacy Policy accessible at www.3d4medical.com/privacy-policy (or such other URL as specified by 3D4), as may be updated by 3D4 from time to time.
    10. “User” means any individual that downloads the Software or Services.
    11. “User-Submitted Content” means any Content that users (including you) provide or submit to be made available through the Services, including, but not limited to, any Content that you provide in connection with creating or updating an Account profile, e.g., a photograph or narrative for your Account profile.
    12. “Your Marks” means your business name(s), trademarks, service marks and logos.
    13. “Your Image” means your name, picture, likeness and voice.
  2. SERVICES & APPLICABLE USE
    1. Provision of Services. Subject to your compliance with the terms and conditions of this Agreement, 3D4 will provide you with access to the Services via the Software.
    2. Software License Grant. Subject to your compliance with this Agreement, 3D4 grants to you a limited, non-exclusive, non-sublicensable, non-transferrable, revocable license and right to use the Software during the Term only in connection with your use of the Services.
    3. Restrictions. You will not attempt to interfere with or disrupt the Software or Services or attempt to gain access to any systems or networks that connect thereto (except as required to access and use the Services). Except as expressly specified in this Agreement, you will not:
      1. Post, upload, publish, submit, broadcast or transmit any User-Submitted Content, or exercise your license rights to use the Content that might result in content, a Modification or Recording that: (i) infringes, misappropriates or violates a third party’s intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any person or entity; or (vii) promotes illegal or harmful activities or substances.
      2. Access, tamper with or use non-public areas of the Services, 3D4’s computer systems, or the technical delivery systems of 3D4’s providers;
      3. Attempt to probe, scan or test the vulnerability of any 3D4 system or network or breach any security or authentication measures;
      4. Avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by 3D4 or any of 3D4’s providers or any other third party (including another user) to protect the Services or Content;
      5. Attempt to access or search the Services or Content or download Content from the Services through the use of any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, data mining tools or the like) other than the software and/or search agents provided by 3D4;
      6. Send any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters or other form of solicitation;
      7. Use any meta tags or other hidden text or metadata utilizing a 3D4Medical trademark, logo, URL or product name without 3D4’s express written consent;
      8. Use the Services or Content, or any portion thereof, for any professional or commercial purpose or for the benefit of any third party or in any manner not permitted by these Terms, where professional or commercial purposes include the display, broadcast or transmission of the Services or Content to two or more users in an instructional or educational capacity or any environment on a more than a ‘once-off’ basis;
      9. Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Services or Content;
      10. Interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Services;
      11. Collect or store any personally identifiable information from the Services from other users of the Services without their express permission;
      12. Impersonate or misrepresent your affiliation with any person or entity in connection with your use of the Services;
      13. Violate any applicable law or regulation; or
      14. Encourage or enable any other individual to do any of the foregoing.
    4. Monitoring. You acknowledge and agree that 3D4 is not obligated to police or monitor access to or use of the Services or Content, including User-Submitted Content or communications transmitted through the Services, or to review or edit any User-Submitted Content, but that 3D4 has the right to do so for the purposes of operating the Services, ensuring compliance with these Terms, and in order to comply with applicable law or other legal requirements. You will use the Services exclusively for authorized and legal purposes, consistent with all applicable laws, regulations and the rights of others. You will not submit any infringing, obscene, defamatory, threatening or otherwise unlawful or tortious material, including any material that violates privacy rights. 3D4 reserves the right, but is not obligated, to remove or disable access to any Content, including User-Submitted Content, at any time and without notice, including, but not limited to, if 3D4, in its sole discretion, considers any User-Submitted Content to be objectionable or in violation of these Terms. 3D4 has the right to investigate violations of these Terms or conduct that affects the Services. 3D4 may also consult and cooperate with law enforcement authorities to prosecute users who violate the law. 3D4 is not responsible for your User-Submitted Content, communications or transmissions.
    5. Copyright Policy. 3D4 respects copyright law and expect its users to do the same. It is 3D4’s policy to terminate, in appropriate circumstances and in its sole discretion, the Accounts of users who repeatedly infringe or are believed to be repeatedly infringing the rights of copyright holders.
    6. Availability of Services. 3D4 will use commercially reasonable efforts to make the Services available to you without interruption as much as reasonably possible, subject to any downtime for system maintenance, upgrades, or any unforeseen circumstances.
    7. Unauthorized Disclosure. If either party believes that there has been a disclosure of Account Information in a manner that is not authorized under this Agreement, they will promptly notify the other. Additionally, each party will reasonably assist the other party in remediating or mitigating any potential damage, including any notification that should be sent to individuals impacted or potentially impacted by such unauthorized disclosure.
    8. Changes to Services. If 3D4 makes any material changes, you will be notified within the Software or Services or by email. Notwithstanding the above, 3D4 has no obligation to update or enhance the Software or Services or to produce or release new versions of same. As the Services are evolving over time, 3D4 may change or discontinue all or any parts, features, components or functions of the Services, including the availability of Group Accounts: free Services may become paid Services at any time, without notice and in its sole discretion.
    9. Personal Information. 3D4’s Privacy Policy explains how 3D4 collects, uses, manages and discloses data from its users that are submitted to the Services. By using the Services, you indicate that you understand and agree to the Privacy Policy.
    10. User-Eligibility. You may use the Services only if you are 13 years or older and are not barred from using the Services under applicable law.
  3. REGISTRATION & PAYMENT
    1. Registration. Before you can begin using the Services, you will be required to create an account (“Account”) via the Software by providing some basic information, including your name and email address (“Account Information”). You can do this via the Software or Sites or you may be able to do so through your account with certain third party services such as Facebook or Twitter (each, an “SNS Account”). If you choose the SNS Account option, 3D4 will create your Account by extracting certain personal information from your SNS Account, such as your name and email address and other personal information that your privacy settings on the SNS Account permit 3D4 to access. It is important that you provide 3D4 with accurate, complete and up-to-date information for your Account and you agree to update such information, as needed, to keep it accurate, complete and up-to-date. If you do not do so, 3D4 may suspend or terminate your Account. You agree that you will not disclose your Account password to anyone and you will immediately notify 3D4 of any unauthorized or suspected unauthorized use of your Account. You are responsible for all activities that occur under your Account, whether or not you know about them.
    2. Payment. By purchasing the Services, you expressly authorize 3D4 (or its third party payment processor, such as the Application Platform) to charge you for the Software and any in-Software purchases that you make. 3D4, or its third party payment processor, may ask you to supply Payment Information. You represent and warrant that you have the legal right to use all payment method(s) represented as any such Payment Information. You authorize 3D4 to provide your Payment Information to third parties in order that your payment for the Software or and any in-app purchases that you might make (plus any applicable taxes, shipping fees and other charges) can be completed.
    3. Paid Features. Some of the Services are available for free. Other features must be paid for (“Paid Features”) and you must pay for access to same. You agree to pay for the applicable Paid Features that you wish to purchase from what is available to you via the Services. 3D4 will communicate the payments options available to you via the Services when you create your Account. Your receipt of the Services is conditioned upon timely payment for the applicable Services.
    4. Groups. You may create Groups via the Services (“Groups”). The user that creates the Group is the Group administrator (“Administrator”). The Administrator selects the users who are permitted to be part of a Group. Group members may communicate and shares images and other User-Submitted Content with the Group.
  4. Support
    1. As part of the Services, 3D4 may provide 3D4’s standard support services as set out at www.3d4medical.com/category/support, or such other URL as specified by 3D4, and as may be updated by 3D4 from time to time.
  5. RIGHTS GRANTED TO YOU
    1. License Granted by 3D4Medical to You. Subject to your compliance with these Terms, 3D4 grants to you a limited, non-exclusive, non-transferable, non-sublicensable license to download and install a copy of the Software on a mobile device or computer that you own or control and to run such copy of the Software solely for your own personal non-commercial purposes solely in connection with your permitted use of the Services. In addition, in connection with the exercise of these rights granted to you under these Terms, you may have the option to use the Services to create and publish recordings in connection with your use of the Content and the Services (“Recordings”). Except as expressly permitted in these Terms, you may not: (i) copy, modify or create derivative works based on the Software; (ii) distribute, transfer, sublicense, lease, lend or rent the Software to any third party; (iii) reverse engineer, decompile or disassemble the Software; or (iv) make the functionality and/or Content of the Software available to multiple users through any means. 3D4 reserves all rights in and to the Software not expressly granted to you under these Terms.
    2. License Granted by You to 3D4Medical. You hereby grant to 3D4 a worldwide, perpetual, irrevocable, transferable, assignable, sublicensable, fully paid-up and royalty-free license and right to modify, copy, distribute, display and perform, publish, prepare derivative works of, use and incorporate into the Software and/or Services (without attribution of any kind): (a) any suggestions, enhancements requests, recommendations, proposals, corrections or other feedback or information provided by you in relation to the Software or Services; and (b) Your Marks and Your Image in connection with providing the Services and for marketing and promotional purposes in connection with the business of 3D4 and its affiliates. Other than those rights specifically granted to 3D4 herein, all right, title and interest in and to Your Marks and Your Image are expressly reserved by you. 3D4 welcomes feedback, comments and suggestions for improvements to the Services. You can submit such feedback by emailing 3D4 at info@3d4medical.com.
    3. Modifications to Content. You agree that all modifications to the Content and derivative works created by you based upon the Content (“Modifications”) and all Recordings are owned by 3D4. To that end, you agree to irrevocably transfer and assign to 3D4, and hereby do so irrevocably transfer and assign to 3D4, all right, title and interest in and to such Modifications and Recordings, including all intellectual property rights therein. At 3D4’s request and expense, during and after the term of these Terms, you will assist and cooperate with 3D4 in all respects, and will execute documents, and will take such further acts as reasonably requested by 3D4 to enable it to acquire, transfer, maintain, perfect and enforce its intellectual property rights and/or other legal protections for the Modifications and Recordings. You hereby appoint the officers of 3D4 as your attorney-in-fact to execute documents on your behalf for this limited purpose.
    4. Content Ownership. Subject to the above, 3D4 does not claim any ownership rights in any User-Submitted Content and nothing in these Terms will be deemed to restrict any rights that you may have to use and exploit your User-Submitted Content. 3D4 and its licensors exclusively own all worldwide right, title and interest in and to the Services and Content that is not your User-Submitted Content, including all worldwide patent rights (including patent applications and disclosures), utility models, rights to inventions, copyright and related rights, trademarks and service marks, business names and domain names, rights in get-up and trade dress, goodwill, rights in design, database rights, know-how and trade secrets, rights to derivative works, mask work rights, and any and all other intellectual property or proprietary rights, in each case whether registered or unregistered and including all applications and rights to apply for and be granted, renewals or extensions of, and rights to claim priority from , such rights and all similar or equivalent rights or forms of protection that subsist now or will subsist in the future in any part of the world (collectively, “Intellectual Property Rights”) therein. You agree not to remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Services or Content.
    5. Rights in User-Submitted Content. By making any User-Submitted Content available through Services, you hereby grant to 3D4 a non-exclusive, transferable, sublicensable, worldwide, royalty-free, perpetual license to use, copy, modify, create derivative works based upon, publicly display, publicly perform and distribute copies of your User-Submitted Content in connection with operating and providing the Services and Content to you and to other Account holders. You are solely responsible for all User-Submitted Content. You represent and warrant that you own all your User-Submitted Content or that you have all rights that are necessary to grant 3D4 the license rights in your User-Submitted Content under these Terms. You also represent and warrant that neither your User-Submitted Content, nor your use or provision of your User-Submitted Content to be made available through the Services, nor any use of your User-Submitted Content by 3D4 or other Account holders on or through the Services, will infringe, misappropriate or violate a third party’s intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation. You further represent and warrant to 3D4 that: (i) you have all rights, power and authority to use and to have 3D4 use any and all of Your Marks and Your Image; and (ii) your use and provision of Your Marks and Your Image to 3D4 pursuant to this Agreement will not breach any agreement between you and any third party or violate any applicable local, state or federal laws, regulations, orders or rules.
    6. Links to Third Party Websites or Resources. The Software and Services may contain links to third-party websites or resources. 3D4 provides these links only as a convenience and are not responsible for the content, products or services on or available from those websites or resources or links displayed on such websites. You acknowledge sole responsibility for and assume all risk arising from your use of any third-party websites or resources.
  6. YOUR OBLIGATIONS & REPRESENTATIONS
    1. Enforcement. You will promptly notify 3D4 of any suspected or alleged breach of this Agreement and will cooperate with 3D4 with respect to: (i) any investigation by 3D4 of any suspected or alleged breach of this Agreement; or (ii) any action by 3D4 to enforce this Agreement.
    2. Telecommunications and Internet Services. You acknowledge and agree that your use of the Software and Services is dependent upon access to telecommunications and Internet services. You are solely responsible for acquiring and maintaining all telecommunications and Internet services and other hardware and software required to access and use the Software or Services, including, without limitation, any and all costs, fees, expenses, and taxes of any kind related to the foregoing. 3D4Medical will not be responsible for any loss or corruption of data, lost communications, or any other loss or damage of any kind arising from any such telecommunications and Internet services.
  7. NO WARRANTY. THIS SECTION APPLIES TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. THE SOFTWARE AND SERVICES ARE PROVIDED AS “AS IS,” WITHOUT WARRANTY OF ANY KIND. 3D4 DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. 3D4 MAKES NO WARRANTIES THAT THE SOFTWARE OR SERVICES WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. 3D4 MAKE NO WARRANTY REGARDING THE QUALITY, ACCURACY (INCLUDING MEDICAL ACCURACY), TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF SOFTWARE AND SERVICES. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM 3D4MEDICAL OR ELSEWHERE, WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT. 3D4 DISCLAIMS ANY WARRANTY THAT THE SOFTWARE OR SERVICES WILL BE ERROR- FREE OR UNINTERRUPTED OR THAT ALL ERRORS WILL BE CORRECTED. You assume sole responsibility and liability for results obtained from the use of the Software and Services or and for any and all conclusions drawn from such use.
  8. INDEMNIFICATION
    1. Indemnification by 3D4. Subject to any conditions set out in this section with regard to indemnification, 3D4 will defend any suit or action brought against you to the extent that it is based upon a third party claim that the Software or Services, as provided by 3D4 to you pursuant to this Agreement, infringe any patent or any copyright or misappropriate any trade secret, and will pay any costs, damages and reasonable attorneys’ fees attributable to such claim that are awarded in final judgment against or paid in settlement by you.
    2. Exclusions. Notwithstanding the terms of Section 8.1, 3D4 will have no liability for any infringement or misappropriation claim of any kind to the extent that it results from: (i) the combination, operation or use of the Software or Services with equipment, devices, other software or data not supplied by 3D4, if a claim would not have occurred but for such combination, operation or use; or (ii) your use of the Software or Services other than in accordance with this Agreement.
    3. 3D4’s Remedy Options. If your use of the Software or Services is, or in 3D4’s opinion is likely to be, enjoined due to the type of claim specified in Section 8.1, then 3D4 may, in its sole option and expense: (i) replace or modify the Software or Services to make them non-infringing and of equivalent functionality; (ii) procure for you the right to continue using the Software or Services under the terms and conditions of this Agreement; or (iii) if 3D4 is unable to accomplish either (i) or (ii), despite using reasonable efforts, terminate your rights and 3D4’s obligations under this Agreement with respect to the Software or Services.
    4. Sole Remedy. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE FOREGOING STATES THE ENTIRE OBLIGATIONS OF 3D4 AND ITS LICENSORS WITH RESPECT TO ANY ALLEGED OR ACTUAL INFRINGEMENT OR MISAPPROPRIATION OF INTELLECTUAL PROPERTY RIGHTS BY THE SOFTWARE OR SERVICES.
    5. Indemnification by You. You will defend 3D4 Indemnitees, from and against any action or suit brought against a 3D4 Indemnitee by a third party in connection with, arising out of, resulting from or caused by: (i) your negligence or intentional misconduct; (ii) your provision of medical care; (iii) your use of the Software or Services (other than any claim for which 3D4 is responsible under Section 8.1); (iv) a claim that serious health event or bodily injury resulted from your use of the Software or Services; (v) your violation of any term or your breach of any warranty herein, or your misrepresentation under this Agreement, including without limitation, the User Representations, and will pay any costs, damages and reasonable attorneys’ fees attributable to or awarded with respect to such claim.
    6. Conditions of Indemnification. As a condition to the parties’ respective obligations under this Section 8, the Indemnitee will: (i) promptly notify the Indemnitor of the claim for which it is seeking indemnification; (ii) grant the Indemnitor sole control of the defense and settlement of the claim; and (iii) provide the Indemnitor, at the Indemnitor’s expense, with all assistance, information and authority reasonably required for the defense and settlement of the claim. The Indemnitor will not settle any claim that involves a remedy other than payment without the Indemnitee’s prior written consent, which may not be unreasonably withheld or delayed. The Indemnitee has the right to retain counsel, at its expense, to participate in the defense or settlement of any claim. The Indemnitor will not be liable for any settlement or compromise that the Indemnitee enters into without the Indemnitor’s prior written consent.
  9. LIMITATION OF LIABILITY
    1. Exclusion of Damages. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL 3D4MEDICAL OR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICES OR CONTENT BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE SERVICES ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT 3D4MEDICAL HAS BEEN INFORMED OR ADVISED OF THE POSSIBILITY OF SUCH DAMAGE AND WHETHER OR NOT IT WAS FORESEEABLE. EACH OF SUCH LIMITATION IS INTENDED TO BE ENFORCEABLE REGARDLESS OF WHETHER ANY OTHER EXCLUSIVE OR NON-EXCLUSIVE REMEDY UNDER THIS AGREEMENT FAILS OF ITS ESSENTIAL PURPOSE. THE EXCLUSIONS AND LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN 3D4 AND YOU.
    2. Total Liability. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, 3D4’S TOTAL AGGREGATE LIABILITY ARISING UNDER THIS AGREEMENT, FROM ANY AND ALL CAUSES OF ACTION AND ALL THEORIES OF LIABILITY, WILL NOT EXCEED THE GREATER OF $100 OR TOTAL FEES PAID OR PAYABLE BY YOU UNDER THIS AGREEMENT, IF ANY, DURING THE TWELVE (12) MONTHS PRIOR TO THE DATE OF 3D4MEDICAL’S ACT OR OMISSION GIVING RISE TO ANY LIABILITY.
    3. Non-Excludable Liabilities. Applicable law may not allow for exclusions or limitations of certain statutory conditions, warranties, guarantees and other remedies, or for the exclusion or limitation of certain damages. Solely to the extent that such law applies to you, some or all of the disclaimers, exclusions or limitations set out in this Agreement may not apply to you, and you may have certain additional rights. In respect of any conditions, warrantees or guarantees that cannot be lawfully excluded, to the extent permitted by law 3D4’s liability is limited (at 3D4’s option) to the replacement, repair or resupply of the relevant goods or the resupply or refund of the cost of relevant services.
  10. CONFIDENTIAL INFORMATION
    1. Use and Disclosure Restrictions. A receiving party will not use the disclosing party’s Confidential Information except as necessary for the performance or enforcement of this Agreement and will not disclose such Confidential Information to any third party, except, in the case of 3D4, to those of its employees and subcontractors who have a bona fide need to know such Confidential Information for the performance or enforcement of this Agreement. Each receiving party will protect the disclosing party’s Confidential Information from unauthorized use and disclosure using efforts equivalent to the efforts that the receiving party ordinarily uses with respect to its own Confidential Information and in no event less than a reasonable standard of care. The provisions of this Section 10.1 will remain in effect during the term of this Agreement and for a period of three (3) years after the expiration or termination of this Agreement.
    2. Exclusions. The obligations and restrictions set forth in Section 10.1 will not apply to any information that: (i) is or becomes generally known to the public through no fault of or breach of this Agreement by the receiving party; (ii) is rightfully known by the receiving party at the time of disclosure; (iii) is independently developed by the receiving party without use of the disclosing party’s Confidential Information; or (iv) the receiving party rightfully obtains from a third party who has the right to disclose such information without breach of any confidentiality obligation to the disclosing party.
    3. Permitted Disclosures. The provisions of this Section 10 will not restrict either party from disclosing Confidential Information pursuant to the order or requirement of a court, administrative agency, or other governmental body; provided that the party required to make such a disclosure gives reasonable notice to the other party to enable it to contest such order or requirement or limit the scope of such request. The party responding to such an order or requirement will only disclose that information that is expressly required.
  11. TERM & TERMINATION
    1. Term. The term of this Agreement starts when you accept the Agreement and ends when the Agreement is terminated by either party (“Term”).
    2. Free Trial Period. Where applicable, the Free Trial Period shall commence upon your installation of the Software to access the Services and end at the earlier of: (a) the end of the free trial time period set forth when you download the Software; or (b) the time at which you purchase the Software.
    3. Termination for Cause. 3D4 has the right to terminate this Agreement if you breach any material term or warranty of this Agreement and fail to cure such breach within ten (10) days after written notice thereof. In no event will any termination relieve you of your obligation to pay any fees payable to 3D4 for the period prior to the effective date of termination.
    4. Termination for Convenience. 3D4 may terminate this Agreement with respect to your access to and use of the Software or Services for any reason as determined by it in its sole discretion.
    5. Effect of Termination. Upon the expiration or termination of this Agreement: (i) your right to access and use Software and Services will immediately terminate, and you will immediately cease all use of the Software and Services; and (ii) you will promptly destroy or return to 3D4 all Confidential Information of 3D4 in your possession or control. 3D4 will have no obligation to maintain Account or to retain or forward any data to you, except as required by law. Upon expiration or termination of this Agreement, 3D4 will, in its discretion and to the extent permitted by law, destroy or otherwise dispose of any Account data in its possession or provide a copy to you, but only to the extent 3D4 has such data in its possession. You will pay all reasonable expenses incurred by 3D4 in returning such data to you, if 3D4 elects to do so at your direction. After such thirty (30) day period, 3D4 will have no obligation to retain or provide any data, except as required by law.
    6. Cancellation of Your Account. You may cancel your Account at any time by sending an email to 3D4 at info@3D4medical.com.
    7. Right to Terminate or Suspend Services. Notwithstanding anything else in this Agreement, 3D4 reserves the right to change, suspend or discontinue the Services, or any features, components or functions thereof, at any time without prior notice to you if 3D4 reasonably determines that: (a) you breached this Agreement, the Intellectual Property Rights of a third party or applicable laws, or any activity or use of the Services in connection with your Account is otherwise disruptive or harmful to 3D4Medical or any third party; or (b) 3D4 is required to do so by law. In the event 3D4 chooses to discontinue the Services, or any features, components or functions thereof, upon notifying you, it will have no obligation to maintain the same.
    8. Survival. Upon any termination, discontinuation or cancellation of Services or your Account, the rights and obligations of 3D4 and you contained in Sections 2, 5, 6, 7, 8, 9, 10, 11.4 and 12 will survive the expiration or termination of this Agreement.
  12. MISCELLANEOUS
    1. Governing Law. This Agreement will be governed by and construed in accordance with the laws of California, without regard to or application of conflict of laws rules or principles. Both parties agree to submit to the personal and exclusive jurisdiction of the state and federal courts of San Francisco to resolve any dispute or claim arising from this Agreement. The United Nations Convention on Contracts for the International Sale of Goods will not apply.
    2. Assignment. You may not assign, delegate or transfer this Agreement or any rights granted hereunder, in whole or in part, by operation of law or otherwise, without 3D4’s prior written consent, and any attempt by you to do so, without such consent, will be void. 3D4 may freely assign or transfer this Agreement, in whole or in part, by operation of law or otherwise.
    3. Remedies. Except as expressly set forth in this Agreement, the exercise by either party of any of its remedies under this Agreement will be without prejudice to its other remedies under this Agreement or otherwise.
    4. Notices. All notices or approvals required or permitted under this Agreement will be delivered to you within the Software or Services or to the email address(es) that 3D4 has on file for your Account. You hereby consent to receive notice from 3D4 through the foregoing means, and such notices will be deemed effective when sent on a business day, and if not sent on a business day, then on the next business day. Except as otherwise specified in the Agreement, any notices to 3D4 under this Agreement must be delivered via first class registered U.S. mail, overnight courier: 3D4Medical LLC., 15633 Rising River Place North, San Diego CA 92127, USA.
    5. Waiver & Severability. The failure by either party to enforce any provision of this Agreement will not constitute a waiver of future enforcement of that or any other provision. If any provision of this Agreement is held to be unenforceable or invalid, that provision will be enforced to the maximum extent possible, and the other provisions will remain in full force and effect.
    6. Entire Agreement. This Agreement, together with the Privacy Policy, constitute the entire and exclusive understanding and agreement between the parties regarding its subject matter, and supersede all proposals, understandings or communications between the parties, oral or written, regarding its subject matter, unless you and 3D4 have executed a separate agreement governing your use of the Services. If any provision of these Terms and/or the Privacy Policy is held invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms and/or the Privacy Policy will remain in full force and effect.
    7. Force Majeure. Neither party will be liable for any failure or delay in performance under this Agreement (other than for delay in the payment of money due and payable hereunder) for causes beyond that party’s reasonable control and occurring without that party’s fault or negligence, including, but not limited to, acts of God, acts of government, flood, fire, civil unrest, acts of terror, strikes or other labor problems, computer attacks (by government/nation entities or otherwise) or malicious acts, such as attacks on or through the Internet, any Internet service provider, telecommunications or hosting facility. Dates by which performance obligations are scheduled to be met will be extended for a reasonable period of time equal to the time lost due to any delay so caused.
    8. Relationship of the Parties. The parties to this Agreement are independent contractors and this Agreement does not establish any relationship of partnership, joint venture, employment, franchise, or agency between the parties. Neither party will have the power to bind the other or incur obligations on the other’s behalf without the other’s prior written consent.
  13. CONTACT INFORMATION. If you have any questions regarding this Agreement, please contact 3D4 at info@3D4Medical.com.