SOS QR® END-USER LICENSE AGREEMENT
When you download or install the SOS QR application (the "Application"), you agree to the terms of this License Agreement (the “Agreement”), which govern your use of the Application, and in exchange, Humetrix, Inc. ("Humetrix," “we,” or “us”) grants you a limited license to download, install, and operate the Application. You should review our Statement of Privacy Practices, which governs our collection and use of information we collect from or about you, and is incorporated into this Agreement. IF YOU DO NOT AGREE TO THIS AGREEMENT, YOU SHOULD EXIT THE DOWNLOAD PROCESS, AND YOU MAY NOT DOWNLOAD, INSTALL, OR USE THE APPLICATION.
The Application is intended to be used in emergencies; however, it is not a medical device or life-saving device, nor does it give or substitute for professional medical advice, diagnosis, or treatment. The Application’s effectiveness will depend in large part on the accuracy of the information you enter into the record that is made available when a first responder accesses it using the QR code and PIN. You acknowledge your sole responsibility for verifying the accuracy of your information and assume all risks associated with the use of the Application. Always seek the advice of your physician or other qualified health provider with any questions you may have regarding personal health or medical conditions.
This Agreement (including all amendments) governs your access to and use of the Application. We may modify the Application and this Agreement at any time. When we post a notice of changes to this Agreement, it serves as notice to you. Your continued use of the Application following our posting of the changes constitutes your acceptance of the changes. If you do not agree with the changes, you should close your account and stop using the Application.
1. GENERAL USE PROVISION; LICENSE GRANT
The Application may only be used by individuals aged 13 years or older. If you are 13 or older, but are not legally an adult, you should review this Agreement with your parent or guardian to make sure you understand the terms.
You may use the Application for informational, non-commercial purposes only and solely as expressly set forth in this Agreement.
As noted above, the Application is not a life-saving device, and cannot be relied upon in an emergency. Certain functions of the Application may be dependent on the availability of third-party services such as wireless or cellular data service. Humetrix does not control and has no responsibility for the availability of third party-provided services.
You will provide only accurate and complete information when using the Application. Humetrix is not responsible for any damages caused by unauthorized use of the Application. You will comply with all applicable laws, regulations, ordinances in using the Application, including but not limited to copyright and patent law and laws governing the use of telecommunications and software. You may not access the Application by any means other than through the application interface on which the Application is provided, and you may not interfere with or disrupt the functioning of the Application, or attempt to access, modify, create a derivative work, reverse engineer, extract any source or object code, or otherwise corrupt the Application.
If you provide us with or post any content, ideas, or feedback about the Application (“Feedback”), you grant us a nonexclusive, royalty-free, perpetual, irrevocable, and sublicensable right to use, modify, adapt, display, publish, create derivative works from, and distribute the Feedback. You will not provide us with any Feedback containing confidential information of you or any third party, and you will not provide any Feedback that you do not have the rights to provide under the above license.
The Application and its structure, organization, source code, and all text, files, images, graphics, illustrations, information, and other content contained in or available through the Application are the property of Humetrix or its licensors and are protected by applicable intellectual property laws.
Humetrix grants you a non-exclusive, personal, non-transferable, non-sublicensable limited license solely to install and use the Application on any device owned or controlled by you in accordance with this Agreement and any applicable documentation. You are not granted any other rights, whether by implication, estoppel, or otherwise, in or to the Application, and you may not use, modify, reproduce, perform, display, create derivative works from, republish, post, transmit, participate in the transfer or sale of, distribute, or in any way exploit or utilize any portion of the Application without our prior written permission. Humetrix reserves all rights not expressly granted to you under this Agreement. You may not remove, alter or obscure any copyright notice or any other proprietary notice that appears in the Application or on any copies thereof.
2. TERMINATION
This Agreement will continue until terminated, and will terminate immediately if you do not comply with any term of this Agreement. We may terminate this Agreement, suspend or discontinue your use of the Application, or discontinue the Application in our sole discretion at any time. You may terminate this Agreement by deleting all copies of the Application in your possession or control and notifying Humetrix at the contact information provided below. Upon any termination of this Agreement, all rights granted to you under this Agreement will cease, and you must promptly discontinue all access to and use of the Application.
3. THIRD PARTY SOFTWARE
This Agreement will continue until terminated, and will terminate immediately if you do not comply with any term of this Agreement. We may terminate this Agreement, suspend or discontinue your use of the Application, or discontinue the Application in our sole discretion at any time. You may terminate this Agreement by deleting all copies of the Application in your possession or control and notifying Humetrix at the contact information provided below. Upon any termination of this Agreement, all rights granted to you under this Agreement will cease, and you must promptly discontinue all access to and use of the Application.
4. DISCLAIMER OF WARRANTY
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE APPLICATION AND ANY SERVICES PERFORMED OR PROVIDED BY THE APPLICATION ("SERVICES") ARE PROVIDED "AS IS" AND "AS AVAILABLE", WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND HUMETRIX HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE APPLICATION AND ANY SERVICES, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS.
HUMETRIX DOES NOT REPRESENT OR WARRANT:
HUMETRIX DOES NOT MAKE ANY REPRESENTATION OR WARRANTY REGARDING THE USE OF THE APPLICATION BY THIRD PARTIES, SUCH AS FIRST RESPONDERS, WHO USE IT TO AID YOU IN AN EMERGENCY. YOU AGREE THAT THE APPLICATION IS A TOOL TO ASSIST THIRD PARTIES HELPING YOU IN AN EMERGENCY, AND IS NOT A SUBSTITUTE FOR COMPETENT HUMAN INTERVENTION AND DISCRETIONARY THINKING.
NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY HUMETRIX OR ITS AUTHORIZED REPRESENTATIVE CREATES A WARRANTY NOT EXPRESSLY MADE HEREIN.
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.
5. LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL HUMETRIX OR ITS AFFILIATES, OR ANY OF ITS OR THEIR RESPECTIVE LICENSORS OR SERVICE PROVIDERS, HAVE ANY LIABILITY FOR:
THE FOREGOING LIMITATIONS WILL APPLY WHETHER SUCH DAMAGES ARISE OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE AND REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE OR HUMETRIX WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS OF LIABILITY, SO SOME OR ALL OF THE ABOVE LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU.
The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.
6. CONTROLLING LAW AND SEVERABILITY
This Agreement is governed by and construed in accordance with the internal laws of the State of California without giving effect to any choice or conflict of law provision or rule. Any legal suit, action, or proceeding arising out of or related to this Agreement or the Application shall be instituted exclusively in the federal courts of the United States or the courts of the State of California in each case located in Del Mar and San Diego County. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
If any provision of this Agreement is illegal or unenforceable under applicable law, the remainder of the provision will be amended to achieve as closely as possible the effect of the original term and all other provisions of this Agreement will continue in full force and effect.
7. CONTACT INFORMATION
Any questions regarding this License or the use of the Application should be addressed to:
HUMETRIX
1155 Camino del Mar, #503
Del Mar, CA 92014
Email: sosqr.support@humetrix.com
Updated: December 5th 2018