End User License Agreement

EULA for Trac: The Anaesthetic Logbook

This End-User License Agreement is between you and Dripfeed. By downloading, accessing, viewing and/or using the Trac Logbook Application you acknowledge that you have read and understand this agreement in its entirety, and hereby accept and agree to be bound by all of its terms and conditions. With respect to this agreement, the term “application” includes all data, information, functions, and other content in, on, output from, or performed by the application.

1. License. By downloading Trac, we grant you a limited, non-exclusive, non-transferable, and non-sub-licensable permission to access, view, download, and/or use the application on devices owned by you alone, for use solely in accordance with this agreement.

2. Intellectual Property. You hereby agree that the application contains material that is owned by Dripfeed and is protected by applicable intellectual property and other laws. You hereby agree not to market, publish, transfer, distribute, rent, license, sell, copy, modify, create derivative works from, or use in a timesharing arrangement, the application, or any copy thereof, in whole or in part, except as expressly provided in this agreement. You hereby agree not to reverse engineer, disassemble, decompile, translate, modify, violate, circumvent or otherwise tamper with the application, or otherwise attempt to derive the source code of any of the application’s software. You agree not to use and are granted no license or right with respect to any current or future sign, logo, slogan, trade name, trademark, or service mark of Dripfeed or its affiliates, in whole or in part, for any purpose, including, without limitation, any marketing, advertising, publicity, or promotion in connection with the application or otherwise.

3. Disclaimer of Warranties and User’s Assumption of Risk.

a. YOU HEREBY AGREE THAT THE USE OF, INABILITY TO USE, OR RELIANCE ON, THE APPLICATION BY OR ON BEHALF OF YOU IS AT YOUR OWN RISK. YOU ACKNOWLEDGE THAT THE APPLICATION IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITH ALL FAULTS. DRIPFEED MAKES NO GUARANTEES, REPRESENTATIONS, OR WARRANTIES WHATSOEVER, AND TO THE FULLEST EXTENT PERMITTED BY LAW, EXPRESSLY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED OR STATUTORY, WITH RESPECT TO THE APPLICATION, INCLUDING, WITHOUT LIMITATION, REPRESENTATIONS AND WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT OF THIRD-PARTY RIGHTS, QUIET ENJOYMENT, QUALITY, RELIABILITY, ACCURACY, TIMELINESS, USEFULNESS, COMPLETENESS, SUITABILITY, SATISFACTORY QUALITY, SECURITY AND/OR FUNCTIONALITY. WE MAKE NO GUARANTEES, REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, THAT THE USE OF THE APPLICATION WILL BE ERROR FREE OR UNINTERRUPTED OR THAT THE APPLICATION WILL BE FREE FROM LOSS, CORRUPTION, INTERFERENCE, HACKING, ATTACK, VIRUSES, OR OTHER SECURITY INTRUSION.

b. You acknowledge that updates to this application are at the sole discretion of Dripfeed and that we undertake no obligation to supplement or update the application. We make no guarantees, representations or warranties whatsoever, express or implied, with respect to the compatibility of the application, or future releases thereof, if any, with any hardware or software, or with respect to the continuity of the features or facilities provided by or through the application as between various releases thereof, if any.

c. DRIPFEED AND ITS DIRECTORS SHALL NOT BE LIABLE FOR ANY COSTS, EXPENSES (INCLUDING LEGAL COSTS AND ATTORNEYS’ FEES), LIABILITIES, PENALTIES, FINES, LOSSES (INCLUDING DATA LOSS), DAMAGES, DEMANDS, THIRD-PARTY CLAIMS, JUDGMENTS AND/OR OTHER FORMS OF LIABILITY, WHETHER ARISING FROM PERSONAL OR BODILY INJURY, ILLNESS, OR DEATH, OR TANGIBLE OR INTANGIBLE PROPERTY DAMAGE OR LOSS, OR OTHERWISE IN CONNECTION WITH, ARISING OUT OF, OR RELATING TO: (A) ANY USE OF OR INABILITY TO USE, OR RELIANCE ON, THE APPLICATION BY OR ON BEHALF OF USER; (B) ANY MISSTATEMENTS, INACCURACIES, ERRORS, OMISSIONS, DELAYS, OR INTERRUPTIONS IN CONNECTION WITH THE APPLICATION, REGARDLESS OF THE LEGAL BASIS FOR THE CLAIM(S).

4. Indemnification. YOU HEREBY AGREE TO DEFEND, INDEMNIFY, AND HOLD HARMLESS DRIPFEED AND ITS INDEMNITEES FROM AND AGAINST ANY AND ALL CLAIMS, ACTIONS, SUITS, OR PROCEEDINGS, INCLUDING, WITHOUT LIMITATION, REASONABLE ATTORNEYS’ FEES, IN CONNECTION WITH, ARISING OUT OF OR RELATING TO: (A) THE PURCHASE, DOWNLOADING, ACCESS, VIEWING, OR USE OF, INABILITY TO USE, OR RELIANCE ON, THE APPLICATION BY OR ON BEHALF OF USER; AND/OR (B) USER’S BREACH OF ANY OF THE TERMS AND CONDITIONS HEREIN.

5. Limitation of Liability. IN NO EVENT SHALL DRIPFEED OR ITS TEAM BE LIABLE TO YOU OR ANY THIRD-PARTY FOR ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, OR INDIRECT DAMAGES IN CONNECTION WITH, ARISING OUT OF, OR RELATING TO THIS AGREEMENT OR THE APPLICATION EVEN IF DRIPFEED HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

6. Data. You hereby agree to ensure that all patient data used for, entered into, or uploaded to the application are de-identified. You acknowledge that you are solely responsible for obtaining all required consents to use, input, and/or upload the de-identified patient data into the application. You understand and acknowledge that Dripfeed does not retain, store, or guarantee access to data input or output. You acknowledge that you are solely responsible for storing and backing up all data input and output elsewhere, and for the protection of that data from the public eye.

7. Agreement. Dripfeed reserves the right to modify this Agreement and to impose new or additional terms or conditions on the access, viewing, and use of the application at any time and in its sole discretion. Such modifications and additional terms and conditions will be effective immediately and incorporated into this Agreement. The continued use of the application by or on behalf of the user will be deemed acceptance thereof.

BY DOWNLOADING, ACCESSING, VIEWING AND/OR USING THIS APPLICATION, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THIS AGREEMENT IN ITS ENTIRETY, AND HEREBY ACCEPT AND AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS SET FORTH HEREIN.

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