END USER LICENSE AGREEMENT
Last updated December 05, 2024
Rx Doz is licensed to You (End-User) by AICE Healthcare private limited, located and registered at #363, 19th Main Rd, 1st Block,Rajajinagar, Bengaluru, Karnataka 560010, Bangalore,560010, India (“Licensor”), for use only under the terms of this License Agreement.
By downloading the Licensed Application from Apple’s software distribution platform (“App Store”) and Google’s software distribution platform (“Play Store”), and any update thereto (as permitted by this License Agreement), End-User indicate that End-User agree to be bound by all of the terms and conditions of this License Agreement, and that End-User accept this License Agreement. App Store and Play Store are referred to in this License Agreement as “Services.”
The parties of this License Agreement acknowledge that the Services are not a Party to this License Agreement and are not bound by any provisions or obligations with regard to the Licensed Application, such as warranty, liability, maintenance and support thereof. Licensor, not the Services, is solely responsible for the Licensed Application and the content thereof.
This License Agreement may not provide for usage rules for the Licensed Application that are in conflict with the latest Apple Media Services Terms and Conditions [ https://www.apple.com/legal/internet-services/itunes/us/terms.html ] and Google Play Terms of Service [ https://play.google.com/intl/en_US/about/play-terms/ ] ( “Usage Rules” ) . Licensor acknowledges that it had the opportunity to review the Usage Rules and this License Agreement is not conflicting with them. Rx Doz when purchased or downloaded through the Services, is licensed to End-User for use only under the terms of this License Agreement. The Licensor reserves all rights not expressly granted to End-User. Rx Doz is to be used on devices that operate with Apple’s operating systems (“iOS” and “Mac OS”) or Google’s operating system (“Android”).
TABLE OF CONTENTS
- THE APPLICATION
- SCOPE OF LICENSE
- TECHNICAL REQUIREMENTS
- MAINTENANCE AND SUPPORT
- LIABILITY
- WARRANTY
- PRODUCT CLAIMS
- LEGAL COMPLIANCE
- CONTACT INFORMATION
- TERMINATION
- THIRD-PARTY TERMS OF AGREEMENTS AND BENEFICIARY
- INTELLECTUAL PROPERTY RIGHTS
- APPLICABLE LAW
- MISCELLANEOUS
- THE APPLICATION
Rx Doz (“Licensed Application”) is a piece of software created to Medicine reminder app and customized for iOS and Android mobile devices (“Devices”). It is used to Store the Prescription, and generate reminders based on the details added by User.
- SCOPE OF LICENSE
2.1 You (End-User) are given a non-transferable, non-exclusive, non-sublicensable license to install and use the Licensed Application on any Devices that End-User own or control and as permitted by the Usage Rules, with the exception that such Licensed Application may be accessed and used by other accounts associated with End-User.
2.2 This license will also govern any updates of the Licensed Application provided by Licensor that replace, repair, and/or supplement the first Licensed Application, unless a separate license is provided for such update, in which case the terms of that new license will govern.
2.3 End-User may not share or make the Licensed Application available to third parties (unless to the degree allowed by the Usage Rules, and with Licensor’s prior written consent), sell, rent, lend, lease or otherwise redistribute the Licensed Application.
2.4 End-User may not reverse engineer, translate, disassemble, integrate, decompile, remove, modify, combine, create derivative works or updates of, adapt, or attempt to derive the source code of the Licensed Application, or any part thereof (except with Licensor’s prior written consent).
2.5 End-User may not copy (excluding when expressly authorized by this license and the Usage Rules) or alter the Licensed Application or portions thereof. End-User may create and store copies only on devices that End-User own or control for backup keeping under the terms of this license, the Usage Rules, and any other terms and conditions that apply to the device or software used. End-User may not remove any intellectual property notices. End-User acknowledge that no unauthorized third parties may gain access to these copies at any time. If End-User sell End-User’s Devices to a third party, End-User must remove the Licensed Application from the Devices before doing so.
2.6 Violations of the obligations mentioned above, as well as the attempt of such infringement, may be subject to prosecution and damages.
2.7 Licensor reserves the right to modify the terms and conditions of licensing.
2.8 Nothing in this license should be interpreted to restrict third-party terms. When using the Licensed Application, End-User must ensure that End-User comply with applicable third-party terms and conditions.
2.9 End user shall use this Licensed Application only for lawful and permitted purposes only and End user shall not use the Licensed Application in any illegal manner by violating the rights of others.
- TECHNICAL REQUIREMENTS
3.1 The Licensed Application requires a firmware version 1.0.0 or higher. Licensor recommends using the latest version of the firmware.
3.2 Licensor attempts to keep the Licensed Application updated so that it complies with modified/new versions of the firmware and new hardware. End-User is not granted rights to claim such an update.
3.3 End-User acknowledge that it is End-User’s responsibility to confirm and determine that the app end-user device on which End-User intend to use the Licensed Application satisfies the technical specifications mentioned above.
3.4 Licensor reserves the right to modify the technical specifications as it sees appropriate at any time.
- MAINTENANCE AND SUPPORT
4.1 The Licensor is solely responsible for providing any maintenance and support services for this Licensed Application. End-User can reach the Licensor at the email address listed in the App Store or Play Store Overview for this Licensed Application.
4.2 Licensor and the End-User acknowledge that the Services have no obligation whatsoever to furnish any maintenance and support services with respect to the Licensed Application.
- LIABILITY
5.1 Licensor takes no accountability or responsibility for any damages caused due to a breach of duties according to Section 2 of this License Agreement. To avoid data loss, End-user are required to make use of backup functions of the Licensed Application to the extent allowed by applicable third-party terms and conditions of use. End-user is aware that in case of alterations or manipulations of the Licensed Application, End-user will not have access to the Licensed Application.
5.2 Licensor takes no accountability and responsibility in case of Reminder management and Compliance is not company responsibility, as it is user dependent.
5.3 Licensor shall not liable be for any indirect, consequential, punitive or exemplary damages.
5.4 Licensor shall not be liable for any act or omission arising out of or in connection with downloading of the Licensed Application, its installation, performance, or operation including loss, expenses or damages incurred by reason of loss of use, cost associated with downloading time
- WARRANTY
6.1 Licensor warrants that the Licensed Application is free of spyware, trojan horses, viruses, or any other malware at the time of End-User’s download. Licensor warrants that the Licensed Application works as described in the user documentation.
6.2 No warranty is provided for the Licensed Application that is not executable on the device, that has been unauthorizedly modified, handled inappropriately or culpably, combined or installed with inappropriate hardware or software, used with inappropriate accessories, regardless if by itself or by third parties, or if there are any other reasons outside of Licensor’s sphere of influence that affect the executability of the Licensed Application.
6.3 End-user are required to inspect the Licensed Application immediately after installing it and notify Licensor about issues discovered without delay by email provided in Contact Information. The defect report will be taken into consideration and further investigated if it has been emailed within a period of ten (10) days after discovery.
6.4 If Licensor confirms that the Licensed Application is defective, Licensor reserves a choice to remedy the situation either by means of solving the defect or substitute delivery.
6.5 In the event of any failure of the Licensed Application to conform to any applicable warranty, End-User may notify the Services Store Operator. To the maximum extent permitted by applicable law, the Services Store Operator will have no other warranty obligation whatsoever with respect to the Licensed Application, and any other losses, claims, damages, liabilities, expenses, and costs attributable to any negligence to adhere to any warranty.
6.6 Licensor disclaims all other warranties either express or implied warranties of merchantability, fit for a particular purpose and non-infringement of third party rights with respect to the Licensed Application.
- PRODUCT CLAIMS
Licensor and the End-User acknowledge that Licensor, and not the Services, is responsible for addressing any claims of the End-User or any third party relating to the Licensed Application or the End-User’s possession and/or use of that Licensed Application, including, but not limited to:
(i) product liability claims;
(ii) any claim that the Licensed Application fails to conform to any applicable legal or regulatory requirement;
- LEGAL COMPLIANCE
End-user represents and warrants that End-user is not located in a country that is subject to a US Government embargo, or that has been designated by the US Government as a “terrorist supporting” country; and that End-User is not listed on any US Government list of prohibited or restricted parties.
- CONTACT INFORMATION
For general inquiries, complaints, questions or claims concerning the Licensed Application, please contact:
John
#363, 19th Main Rd, 1st Block, Rajajinagar, Bengaluru, Karnataka 560010
bangalore, 560010
India
connect@aicehealthcare.com
- TERMINATION
The license is valid until terminated by Licensor or by End-user. End-user’s rights under this license will terminate automatically and without notice from Licensor if End-user fail to adhere to any term(s) of this license. Upon License termination, End-user shall stop all use of the Licensed Application, and destroy all copies, full or partial, of the Licensed Application.
- THIRD-PARTY TERMS OF AGREEMENTS AND BENEFICIARY
Licensor represents and warrants that Licensor will comply with applicable third-party terms of agreement when using Licensed Application. In Accordance with Section 9 of the “Instructions for Minimum Terms of Developer’s End-User License Agreement,” both Apple and Google and their subsidiaries shall be third-party beneficiaries of this End User License Agreement and upon End-user’s acceptance of the terms and conditions of this License Agreement, both Apple and Google will have the right (and will be deemed to have accepted the right) to enforce this End User License Agreement against End-user as a third-party beneficiary thereof.
- INTELLECTUAL PROPERTY RIGHTS
Licensor and the End-User acknowledge that, in the event of any third-party claim that the Licensed Application or the End-User’s possession and use of that Licensed Application infringes on the third party’s intellectual property rights, Licensor, and not the Services, will be solely responsible for the investigation, defense, settlement, and discharge or any such intellectual property infringement claims.
- APPLICABLE LAW
This License Agreement is governed by the laws of India excluding its conflicts of law rules.
- MISCELLANEOUS
14.1 If any of the terms of this agreement should be or become invalid, the validity of the remaining provisions shall not be affected. Invalid terms will be replaced by valid ones formulated in a way that will achieve the primary purpose.
14.2 Collateral agreements, changes and amendments are only valid if laid down in writing. The preceding clause can only be waived in writing.
Last updated December 05, 2024