CorePlus' WeCARE Mobile App End User License Agreement
PLEASE READ THIS EXCEPT TO THE EXTENT EXPRESSLY PROVIDED IN THIS EULA, ALL EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS, AND WARRANTIES INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OR CONDITION OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON INFRINGEMENT, SATISFACTORY QUALITY OR ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE, ARE HEREBY EXCLUDED TO THE EXTENT ALLOWED BY APPLICABLE LAW.
Multi-User License.
Subject to the terms and conditions of this End User License Agreement (“EULA”), Syndeo, LLC (“Company”) and its suppliers grant to you (“End User”) a non-exclusive, non-transferable license to use the CorePlus Client Portal Service named WeCARE App, created, and owned by the Company (collectively, the “Service”). The Service’s uses include, but are not limited to, finding and scheduling appointments to receive CorePlus laboratory services, storing laboratory records, and processing payments.
• Limitations. Except as otherwise expressly provided under this EULA, End User shall have no right, and End User specifically agrees not to
- make error corrections to or otherwise modify or adapt the Service, nor create derivative works based upon the Service, or to permit third parties to do the same; or
- copy, in whole or in part, de-compile, translate, reverse engineer, disassemble or otherwise reduce the Service to human-readable form.
• Upgrades and Additional Copies. For purposes of this EULA, “Service” shall also include (and the terms and conditions of this EULA shall apply to) any upgrades, updates, bug fixes or modified versions (collectively, “Upgrades”) or backup copies of the Service licensed or provided to End User by Company or an authorized distributor. Notwithstanding the foregoing, End User acknowledges and agrees that Company shall have no obligation to provide any Upgrades under this EULA. If Upgrades are provided, End User acknowledges and agrees that End User has no license or right to use any such additional copies or Upgrades unless End User, at the time of acquiring such copy or Upgrade, already holds a valid license and the corresponding software keys to the original Service.
• Notices of Proprietary Rights. End User agrees to maintain and reproduce all trademark, copyright, patent, and notices of other proprietary rights on all copies, in any form, of the Service in the same form and manner that such trademark, copyright, patent, and notices of other rights are included on the Service. Except as expressly authorized in this EULA, End User shall not make any copies or duplicates of any Service without the prior written permission of Company. End User may make such backup copies of the Service as may be necessary for End User’s lawful use, provided End User affixes to such copies all trademark, copyright, patent, and notices of other proprietary rights that appear on the original.
• Proprietary Rights. The Service is and will remain the sole and exclusive property of Company. Company’ rights under this Section will include, but not be limited to:
- (i) all copies of the Service, in whole and in part; and
- (ii) all Intellectual Property Rights in the Service. For purposes herein, “Intellectual Property Rights” means patent rights (including patent applications and disclosures), copyrights (including, but not limited to, rights in audiovisual works and moral rights), trade secret rights, Moral Rights, rights of priority and any other intellectual property right recognized in any country or jurisdiction in the world. “Moral Rights” means any right to claim authorship to or to object to any distortion, mutilation, or other modification or other derogatory action in relation to a work, whether or not such would be prejudicial to the author’s reputation, and any similar right, existing under common or statutory law or any country in the world or under any treaty, regardless of whether or not such right is denominated or generally referred to as a “moral right.”
• Disclaimer. EXCEPT TO THE EXTENT EXPRESSLY PROVIDED IN THIS EULA, ALL EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS, AND WARRANTIES INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OR CONDITION OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, SATISFACTORY QUALITY OR ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE, ARE HEREBY EXCLUDED TO THE EXTENT ALLOWED BY APPLICABLE LAW.
• Limitation of Liability. IN NO EVENT WILL COMPANY OR ITS SUPPLIERS BE LIABLE FOR ANY LOST REVENUE, PROFIT, OR DATA, OR FOR SPECIAL, INDIRECT, CONSEQUENTIAL, INCIDENTAL, OR PUNITIVE DAMAGES HOWEVER CAUSED AND REGARDLESS OF THE THEORY OF LIABILITY ARISING OUT OF THE USE OF OR INABILITY TO USE THE SERVICE EVEN IF COMPANY OR ITS SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. In no event shall COMPANY or its suppliers’ total liability to End User, whether in contract, tort (including negligence), or otherwise, exceed the price paid by End User. The foregoing limitations shall apply even if the above-stated warranty fails of its essential purpose. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW LIMITATION OR EXCLUSION OF CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
• Term and Termination. This EULA is effective until terminated. End User’s license rights under this EULA will terminate immediately without notice from Company if End User fails to comply with any provision of this EULA. Upon termination, End User must delete all copies of Service.
• Compliance With Law. Each party agrees to comply with all applicable laws, rules, and regulations in connection with its activities under this EULA. Without limiting the foregoing, End User acknowledges and agrees that the Service, including technical data, is subject to United States export control laws, including the United States Export Administration Act and its associated regulations, and may be subject to export or import regulations in other countries. End User agrees to comply strictly with all such regulations and acknowledges that End User has the responsibility to obtain licenses to export, re-export, or import the Service.
• General. This EULA will bind and inure to the benefit of each party’s successors and assigns, provided that End User may not assign or transfer this EULA, in whole or in part, without Company’s written consent. This EULA shall be governed by and construed in accordance with the laws of the Commonwealth of Puerto Rico, United States of America, as if performed wholly within the state and without giving effect to the principles of conflict of law. No failure of either party to exercise or enforce any of its rights under this EULA will act as a waiver of such rights. If any portion hereof is found to be void or unenforceable, the remaining provisions of this EULA shall remain in full force and effect. This EULA is the complete and exclusive agreement between the parties with respect to the subject matter hereof, superseding and replacing any and all prior agreements, communications, and understandings (both written and oral) regarding such subject matter.