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Switzerland Rev. 2
END USER LICENSE AGREEMENT
RETINOPSY VR ®
This End-User License Agreement (the “EULA”) is a legal agreement between the “Licensee” and Blueye Vision Tech GMBH, Switzerland, (the “Company”), the author of RETINOPSY VR ® (the “Software”) and its descendants, which may include associated apps. (such e.g. RETINOPSY VR ® look and others), media, printed materials, and “online” or electronic documentation.
This service as an app/website/guide (“service”) is provided for general information only and is not a substitute for profession related or professional medical advice or use. We are not responsible or liable for any diagnosis or action made by a user based on the content of this website. We are not liable for the contents of any external websites listed, nor do we endorse any commercial product or service mentioned or advised on any of the sites. Always consult your own doctor if you are in any way concerned about your health. You may not interfere with the security of, or otherwise abuse this service or any system resources, services or networks connected to or accessible through this Web site. You may only use this Web site for lawful purposes.
By downloading, installing, copying, or otherwise using the Software, Licensee agrees to be bound by the terms and conditions set forth in this EULA. If Licensee does not agree to the terms and conditions set forth in this EULA, then Licensee may not download, install, or use Software.
1. Definitions
a) “Company” shall refer to the licensor, Blueye Vision Tech GMBH, located at Luzern, Switzerland.
b) “Licensee” shall mean the individual or entity that downloads and uses the Software.
c) “Software” shall mean RETINOPSY VR ® and its descendants, the deliverables provided pursuant to this EULA.
2. Grant of License
d) Software Product License. Subject to the terms of this EULA, Company hereby grants to Licensee a non-exclusive license to possess and to use a copy of the Software for individual use. Software is being distributed by RETINOPSY VR ®. Licensee is not allowed to make a charge for distributing this Software, either for profit or merely to recover media and distribution costs.
e) Installation, Use and Age. Licensee may install and use one copy of Software on a shared computer or concurrently on different computers, solely for Licensee's use within Licensee's business or personal use. You represent and warrant that you are of sufficient legal age to use the service and to create binding legal obligations for any liability you may incur as a result of the use of the Site. You agree to be responsible for all of your use of the service (as well as for use of your Member Name and password(s) by others, including without limitation, minors living with you). You agree to supervise all usage by minors of the service under your name or account.
f) Reproduction and Distribution. Licensee may reproduce and distribute 1 copy of the Software, provided each copy shall be a true and complete copy, including all intellectual property notices, and shall be accompanied by a copy of this EULA. No copies of Software may be distributed as a standalone product or included with your own product, as long as Software is not sold or included in a product or package that intends to receive benefits through the inclusion of Software.
3. Description of Rights and Limitations
a) Limitations. Licensee may not reverse engineer, decompile, or disassemble Software, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding the limitation.
b) Update and Maintenance. The software is distributed as it is. Company shall provide updates and maintenance on an as needed basis.
c) Separation of Components. Software is licensed as a single product. Its components may not be separated for use on more than one computer.
d) Software Transfer. Licensee may permanently transfer all rights under the EULA, provided recipient agrees to the terms of this EULA.
4. Intellectual Property and Trademark. All rights, title, interest, and copyrights in and to the Software, including but not limited to all images, photographs, animations, video, audio, music, text, data, computer code, algorithms, and information, are owned by Company. The Software is protected by all applicable copyright laws and international treaties. Therefore, Licensee is required to treat Software like any other copyrighted material, except as otherwise provided for in this EULA. All materials (including the organization and presentation of such material) of the service (the “Materials”) are the property of the Company and its licensors and may be protected by intellectual property laws including laws relating to copyrights, trade-marks, trade-names, internet domain names, and other similar rights. Unless you have entered into a separate agreement with Company, any other use of these Materials without Company 's written permission is prohibited. The Materials may only be used and copied for own, non-commercial, personal or educational purposes, provided that the Materials are not modified and that copyright and other intellectual property notices are not deleted. You may not create derivative works from or otherwise exploit the Materials in any way. The Company has been to be mentioned and displayed in word and logo, if Materials are used for mentioned purposes.
TRADEMARKS The Company owns the names used for the products and services, and these names are protected by trademark laws. An ® following a name on the site indicates that the trademark has been registered. All trademarks are the property of their respective owners. If intended activities are noncommercial, you may make use of our trademarks by linking to RETINOPSY VR ® or discussing us with others, as long as you make it clear that we are the owner of the trademark. Any other uses of our trademarks require our prior written approval. You may not use RETINOPSY VR ® ’s trademarks in any of the following ways:
- In a non- RETINOPSY VR ® product name or publication title.
- Within or as part of your own trademarks.
- To identify non- RETINOPSY VR ® products or services.
- In a manner which will likely cause confusion.
- In a manner that implies that RETINOPSY VR ® sponsors, endorses or is otherwise connected with your own activities, products, or services.
- In a manner that disparages RETINOPSY VR ®.
5. Non-Support. Company has no obligation to Software support, or to continue providing or updating any of the Software.
6. INTERNET SOFTWARE OR COMPUTER VIRUSES, LINKED WEB SITES, Passwords. Due to technical difficulties with the Internet, Internet software or transmission problems could produce inaccurate or incomplete copies of information contained on this Web site. Computer viruses or other destructive programs may also be inadvertently downloaded from this Web site. Company shall not be responsible or liable for any software, computer viruses or other destructive, harmful or disruptive files or programs that may infect or otherwise impact your use of your computer equipment or other property on account of your access to, use of, or browsing on this Web site or your downloading of any of the Materials from this Web site. Company recommends that you install appropriate anti-virus or other protective software.
LINKED WEB SITES Company may provide links to third party Web sites for your convenience only. The inclusion of these links does not imply that Company monitors or endorses these Web sites. Company does not accept any responsibility for such Web sites. Company shall not be responsible or liable, directly or indirectly, for any damage or loss, caused or alleged to be caused by or in connection with the use of or the reliance upon any information, content, goods or services available on or through any third party Web sites or linked resources.
PASSWORDS. You acknowledge and agree that the user identification provided by Company to you so that you may access and utilize the service (your “Member Name”), and the password selected by and used by you in conjunction with your Name are to be kept secret and confidential. You agree that you shall not disclose such Name or password to any other party without the express written permission of Company. You acknowledge and agree that you will be responsible for each and every access or use of the membership portions of the Site that occurs in conjunction with your Member Name and such passwords, and that Company is authorized to accept your Name and password as conclusive evidence that you have accessed or utilized the membership portions of the Site. You acknowledge that such password(s) are unique to you and that, although Company does have the ability to require password(s) to meet certain requirements (such as a minimum or maximum number of characters) and to reset such password(s), Company does not have the ability to access the password(s) themselves.
7. Support. Company will provide support online if needed.
8. Terms of Agreement. This EULA is effective until:
a) Automatically terminated if Licensee fails to comply with any of the terms and conditions set forth in this EULA; or
b) Terminated by Company.
Company may term terminate this EULA immediately upon written notice, including e-mail, to Licensee, with or without cause.
9. Integration. Both parties agree that this EULA is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements and communications relating to the subject matter of this EULA.
10. APPLICABLE LAW. The service can be accessed from other provinces and territories, as well as from other countries around the world. As each of these jurisdictions has laws that may differ from those of Luzern, Switzerland, by accessing the service, you acknowledge and agree that all matters relating to access to, or use of this Web site shall be governed by the laws of Luzern, Switzerland, and the federal laws of Switzerland therein (without reference to conflicts of laws principles). You also agree that any claims or disputes whatsover arising hereunder shall be submitted to the exclusive jurisdiction and venue of the courts of Luzern, Switzerland, and acknowledge that you do so voluntarily. This EULA shall be deemed to have been made in, and shall be construed pursuant to the laws of the State Luzern of Switzerland, without regard to conflicts of laws provisions thereof. Any legal action or proceeding relating to this EULA shall be brought exclusively in courts located in Luzern, Switzerland, and each party consents to the jurisdiction thereof. The prevailing party in any action to enforce this EULA shall be entitled to recover costs and expenses including, without limitation, attorneys’ fees. This EULA is made within the inclusive jurisdiction of the United States, and jurisdiction of Switzerland shall supersede any other jurisdiction of either party’s election, especially of the United States.
11. Non-Transferable. This EULA is not assignable or transferable by Licensee without the prior written consent of Company; any attempt to do so shall be void. Any notice, report, approval or consent required or permitted hereunder shall be in writing and will be deemed to have been duly given if delivered personally or mailed by first-class, registered or certified mail, postage prepaid to the respective addresses of the parties as set forth herein (or such other address as a party may designate by ten (10) days notice).
B l u e y e V i s i o n Te c h G m b H, H u o b m a t t s t r a s s e 9 | C H - 6 0 4 5 M e g g e n
info@getoct.ch, Phone number: 0041414204614, Fax number: 0041414107290
12. Severability. No failure to exercise, and no delay in exercising, on the part of either party, any privilege, any power or any rights hereunder will operate as a waiver thereof, nor will any single or partial exercise of any right or power hereunder preclude further exercise of any other right hereunder. If any provision of this EULA shall be adjudged by any court of competent jurisdiction to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this EULA shall otherwise remain in full force and effect and enforceable.
13. Warranty Disclaimer. Company, and author of software, hereby expressly disclaim any warranty for the software. Company provides web site/apps/materials "as is" and the materials are provided without representation, warranty or condition of any kind, either express or implied, including, but not limited to the implied representations, warranties or conditions of merchantability, or fitness for a particular purpose. Company does not represent or warrant that the service or the materials will meet your requirements or that their use will be uninterrupted or error free.
14. Limited Liability. Company shall not be liable to Licensee, or any other person or entity claiming through Licensee any loss of profits, income, savings, or any other consequential, incidental, special, punitive, direct or indirect damage, whether arising in contract, tort, warranty, or otherwise. Even if Company has been advised of the possibility of such damages. These limitations shall apply regardless of the essential purpose of any limited remedy. Under no circumstances shall Company’s aggregate liability to Licensee, or any other person or entity claiming through Licensee, exceed the financial amount actually paid by Licensee to Company for the Software.
This app/website/guide is provided for general information only and is not a substitute for professional medical advice. We are not responsible or liable for any diagnosis or action made by a user based on the content of this website. We are not liable for the contents of any external websites listed, nor do we endorse any commercial product or service mentioned or advised on any of the sites. Always consult your own doctor if you are in any way concerned about your health.
Company includes a lot of information, such as articles, references, tools, continuing education for medical professionals, and advertising. Please remember that all of the information is meant for adults who are licensed healthcare professionals. While we hope you find it helpful, you should remember that it is not meant to serve as a substitute for your own clinical judgment as a healthcare professional. If you are a consumer who chooses to use the professional-level information, you should not rely on that information as professional medical advice or use it to replace any relationship with your physician or other qualified healthcare professional. For medical concerns, including decisions about medications and other treatments, consumers should always consult their physician or, in serious cases, seek immediate assistance from emergency personnel.
Company does not offer any warranty or guarantee related to the offered service. We specifically disclaim any warranties, express or implied, including implied warranties of merchantability or fitness for a particular purpose. It's your job to evaluate the information and results from tools we provide. If you are a healthcare professional, you should exercise your professional judgment in evaluating any information, and we encourage you to confirm the information contained on our Web Site with other sources before undertaking any treatment based on it. If you are a consumer, you should evaluate the information together with your physician or another qualified healthcare professional. The use of the Web Site is at your own risk and the Web Site and the content are provided on as “AS IS” basis. Some information on our Web Site comes from you or from other users. We're not responsible for that information. Whether the information comes from us or from you, we're not liable for any damages resulting from your use of the information.
15. Entire Agreement. This Agreement constitutes the entire agreement between Company and Licensee and supersedes all prior understandings of Company and Licensee, including any prior representation, statement, condition, or warranty.
16. Additional Provisions and/or Disclosures.
LIMITATION OF LIABILITY YOU ASSUME ALL RESPONSIBILITY AND RISK FOR USE OF THE SERVICE AND THE MATERIALS INCLUDING WITHOUT LIMITATION ANY OF THE INFORMATION CONTAINED THEREIN. IN NO EVENT SHALL COMPANY OR ANY OF ITS DIRECTORS, OFFICERS, EMPLOYEES, SHAREHOLDERS, PARTNERS, OR AGENTS BE LIABLE FOR ANY INCIDENTAL, INDIRECT, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING DAMAGES FOR LOSS OF PROFITS, INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR ANY OTHER PECUNIARY LOSS) IN CONNECTION WITH ANY CLAIM, LOSS, DAMAGE, ACTION, SUIT OR OTHER PROCEEDING ARISING UNDER OR OUT OF THESE TERMS OF USE, INCLUDING WITHOUT LIMITATION YOUR USE OF, RELIANCE UPON, ACCESS TO, OR EXPLOITATION OF THIS WEB SITE, THE MATERIALS OR ANY PART THEREOF, OR ANY RIGHTS GRANTED TO YOU HEREUNDER, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER THE ACTION IS BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OR OTHERWISE. IN ANY EVENT, THE TOTAL MAXIMUM AGGREGATE LIABILITY UNDER THESE TERMS OF USE OR THE USE OR EXPLOITATION OF ANY OR ALL PART OF THIS WEB SITE OR THE MATERIALS IN ANY MANNER WHATSOEVER SHALL BE LIMITED TO ZERO (CHFr. 0.00) SWISS FRANCS. SOME JURISDICTIONS DO NOT ALLOW FOR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
END USER LICENSE AGREEMENT
RETINOPSY VR ®
This End-User License Agreement (the “EULA”) is a legal agreement between the “Licensee” and Blueye Vision Tech GMBH, Switzerland, (the “Company”), the author of RETINOPSY VR ® (the “Software”) and its descendants, which may include associated apps. (such e.g. RETINOPSY VR ® look and others), media, printed materials, and “online” or electronic documentation.
This service as an app/website/guide (“service”) is provided for general information only and is not a substitute for profession related or professional medical advice or use. We are not responsible or liable for any diagnosis or action made by a user based on the content of this website. We are not liable for the contents of any external websites listed, nor do we endorse any commercial product or service mentioned or advised on any of the sites. Always consult your own doctor if you are in any way concerned about your health. You may not interfere with the security of, or otherwise abuse this service or any system resources, services or networks connected to or accessible through this Web site. You may only use this Web site for lawful purposes.
By downloading, installing, copying, or otherwise using the Software, Licensee agrees to be bound by the terms and conditions set forth in this EULA. If Licensee does not agree to the terms and conditions set forth in this EULA, then Licensee may not download, install, or use Software.
1. Definitions
a) “Company” shall refer to the licensor, Blueye Vision Tech GMBH, located at Luzern, Switzerland.
b) “Licensee” shall mean the individual or entity that downloads and uses the Software.
c) “Software” shall mean RETINOPSY VR ® and its descendants, the deliverables provided pursuant to this EULA.
2. Grant of License
d) Software Product License. Subject to the terms of this EULA, Company hereby grants to Licensee a non-exclusive license to possess and to use a copy of the Software for individual use. Software is being distributed by RETINOPSY VR ®. Licensee is not allowed to make a charge for distributing this Software, either for profit or merely to recover media and distribution costs.
e) Installation, Use and Age. Licensee may install and use one copy of Software on a shared computer or concurrently on different computers, solely for Licensee's use within Licensee's business or personal use. You represent and warrant that you are of sufficient legal age to use the service and to create binding legal obligations for any liability you may incur as a result of the use of the Site. You agree to be responsible for all of your use of the service (as well as for use of your Member Name and password(s) by others, including without limitation, minors living with you). You agree to supervise all usage by minors of the service under your name or account.
f) Reproduction and Distribution. Licensee may reproduce and distribute 1 copy of the Software, provided each copy shall be a true and complete copy, including all intellectual property notices, and shall be accompanied by a copy of this EULA. No copies of Software may be distributed as a standalone product or included with your own product, as long as Software is not sold or included in a product or package that intends to receive benefits through the inclusion of Software.
3. Description of Rights and Limitations
a) Limitations. Licensee may not reverse engineer, decompile, or disassemble Software, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding the limitation.
b) Update and Maintenance. The software is distributed as it is. Company shall provide updates and maintenance on an as needed basis.
c) Separation of Components. Software is licensed as a single product. Its components may not be separated for use on more than one computer.
d) Software Transfer. Licensee may permanently transfer all rights under the EULA, provided recipient agrees to the terms of this EULA.
4. Intellectual Property and Trademark. All rights, title, interest, and copyrights in and to the Software, including but not limited to all images, photographs, animations, video, audio, music, text, data, computer code, algorithms, and information, are owned by Company. The Software is protected by all applicable copyright laws and international treaties. Therefore, Licensee is required to treat Software like any other copyrighted material, except as otherwise provided for in this EULA. All materials (including the organization and presentation of such material) of the service (the “Materials”) are the property of the Company and its licensors and may be protected by intellectual property laws including laws relating to copyrights, trade-marks, trade-names, internet domain names, and other similar rights. Unless you have entered into a separate agreement with Company, any other use of these Materials without Company 's written permission is prohibited. The Materials may only be used and copied for own, non-commercial, personal or educational purposes, provided that the Materials are not modified and that copyright and other intellectual property notices are not deleted. You may not create derivative works from or otherwise exploit the Materials in any way. The Company has been to be mentioned and displayed in word and logo, if Materials are used for mentioned purposes.
TRADEMARKS The Company owns the names used for the products and services, and these names are protected by trademark laws. An ® following a name on the site indicates that the trademark has been registered. All trademarks are the property of their respective owners. If intended activities are noncommercial, you may make use of our trademarks by linking to RETINOPSY VR ® or discussing us with others, as long as you make it clear that we are the owner of the trademark. Any other uses of our trademarks require our prior written approval. You may not use RETINOPSY VR ® ’s trademarks in any of the following ways:
- In a non- RETINOPSY VR ® product name or publication title.
- Within or as part of your own trademarks.
- To identify non- RETINOPSY VR ® products or services.
- In a manner which will likely cause confusion.
- In a manner that implies that RETINOPSY VR ® sponsors, endorses or is otherwise connected with your own activities, products, or services.
- In a manner that disparages RETINOPSY VR ®.
5. Non-Support. Company has no obligation to Software support, or to continue providing or updating any of the Software.
6. INTERNET SOFTWARE OR COMPUTER VIRUSES, LINKED WEB SITES, Passwords. Due to technical difficulties with the Internet, Internet software or transmission problems could produce inaccurate or incomplete copies of information contained on this Web site. Computer viruses or other destructive programs may also be inadvertently downloaded from this Web site. Company shall not be responsible or liable for any software, computer viruses or other destructive, harmful or disruptive files or programs that may infect or otherwise impact your use of your computer equipment or other property on account of your access to, use of, or browsing on this Web site or your downloading of any of the Materials from this Web site. Company recommends that you install appropriate anti-virus or other protective software.
LINKED WEB SITES Company may provide links to third party Web sites for your convenience only. The inclusion of these links does not imply that Company monitors or endorses these Web sites. Company does not accept any responsibility for such Web sites. Company shall not be responsible or liable, directly or indirectly, for any damage or loss, caused or alleged to be caused by or in connection with the use of or the reliance upon any information, content, goods or services available on or through any third party Web sites or linked resources.
PASSWORDS. You acknowledge and agree that the user identification provided by Company to you so that you may access and utilize the service (your “Member Name”), and the password selected by and used by you in conjunction with your Name are to be kept secret and confidential. You agree that you shall not disclose such Name or password to any other party without the express written permission of Company. You acknowledge and agree that you will be responsible for each and every access or use of the membership portions of the Site that occurs in conjunction with your Member Name and such passwords, and that Company is authorized to accept your Name and password as conclusive evidence that you have accessed or utilized the membership portions of the Site. You acknowledge that such password(s) are unique to you and that, although Company does have the ability to require password(s) to meet certain requirements (such as a minimum or maximum number of characters) and to reset such password(s), Company does not have the ability to access the password(s) themselves.
7. Support. Company will provide support online if needed.
8. Terms of Agreement. This EULA is effective until:
a) Automatically terminated if Licensee fails to comply with any of the terms and conditions set forth in this EULA; or
b) Terminated by Company.
Company may term terminate this EULA immediately upon written notice, including e-mail, to Licensee, with or without cause.
9. Integration. Both parties agree that this EULA is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements and communications relating to the subject matter of this EULA.
10. APPLICABLE LAW. The service can be accessed from other provinces and territories, as well as from other countries around the world. As each of these jurisdictions has laws that may differ from those of Luzern, Switzerland, by accessing the service, you acknowledge and agree that all matters relating to access to, or use of this Web site shall be governed by the laws of Luzern, Switzerland, and the federal laws of Switzerland therein (without reference to conflicts of laws principles). You also agree that any claims or disputes whatsover arising hereunder shall be submitted to the exclusive jurisdiction and venue of the courts of Luzern, Switzerland, and acknowledge that you do so voluntarily. This EULA shall be deemed to have been made in, and shall be construed pursuant to the laws of the State Luzern of Switzerland, without regard to conflicts of laws provisions thereof. Any legal action or proceeding relating to this EULA shall be brought exclusively in courts located in Luzern, Switzerland, and each party consents to the jurisdiction thereof. The prevailing party in any action to enforce this EULA shall be entitled to recover costs and expenses including, without limitation, attorneys’ fees. This EULA is made within the inclusive jurisdiction of the United States, and jurisdiction of Switzerland shall supersede any other jurisdiction of either party’s election, especially of the United States.
11. Non-Transferable. This EULA is not assignable or transferable by Licensee without the prior written consent of Company; any attempt to do so shall be void. Any notice, report, approval or consent required or permitted hereunder shall be in writing and will be deemed to have been duly given if delivered personally or mailed by first-class, registered or certified mail, postage prepaid to the respective addresses of the parties as set forth herein (or such other address as a party may designate by ten (10) days notice).
B l u e y e V i s i o n Te c h G m b H, H u o b m a t t s t r a s s e 9 | C H - 6 0 4 5 M e g g e n
info@getoct.ch, Phone number: 0041414204614, Fax number: 0041414107290
12. Severability. No failure to exercise, and no delay in exercising, on the part of either party, any privilege, any power or any rights hereunder will operate as a waiver thereof, nor will any single or partial exercise of any right or power hereunder preclude further exercise of any other right hereunder. If any provision of this EULA shall be adjudged by any court of competent jurisdiction to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this EULA shall otherwise remain in full force and effect and enforceable.
13. Warranty Disclaimer. Company, and author of software, hereby expressly disclaim any warranty for the software. Company provides web site/apps/materials "as is" and the materials are provided without representation, warranty or condition of any kind, either express or implied, including, but not limited to the implied representations, warranties or conditions of merchantability, or fitness for a particular purpose. Company does not represent or warrant that the service or the materials will meet your requirements or that their use will be uninterrupted or error free.
14. Limited Liability. Company shall not be liable to Licensee, or any other person or entity claiming through Licensee any loss of profits, income, savings, or any other consequential, incidental, special, punitive, direct or indirect damage, whether arising in contract, tort, warranty, or otherwise. Even if Company has been advised of the possibility of such damages. These limitations shall apply regardless of the essential purpose of any limited remedy. Under no circumstances shall Company’s aggregate liability to Licensee, or any other person or entity claiming through Licensee, exceed the financial amount actually paid by Licensee to Company for the Software.
This app/website/guide is provided for general information only and is not a substitute for professional medical advice. We are not responsible or liable for any diagnosis or action made by a user based on the content of this website. We are not liable for the contents of any external websites listed, nor do we endorse any commercial product or service mentioned or advised on any of the sites. Always consult your own doctor if you are in any way concerned about your health.
Company includes a lot of information, such as articles, references, tools, continuing education for medical professionals, and advertising. Please remember that all of the information is meant for adults who are licensed healthcare professionals. While we hope you find it helpful, you should remember that it is not meant to serve as a substitute for your own clinical judgment as a healthcare professional. If you are a consumer who chooses to use the professional-level information, you should not rely on that information as professional medical advice or use it to replace any relationship with your physician or other qualified healthcare professional. For medical concerns, including decisions about medications and other treatments, consumers should always consult their physician or, in serious cases, seek immediate assistance from emergency personnel.
Company does not offer any warranty or guarantee related to the offered service. We specifically disclaim any warranties, express or implied, including implied warranties of merchantability or fitness for a particular purpose. It's your job to evaluate the information and results from tools we provide. If you are a healthcare professional, you should exercise your professional judgment in evaluating any information, and we encourage you to confirm the information contained on our Web Site with other sources before undertaking any treatment based on it. If you are a consumer, you should evaluate the information together with your physician or another qualified healthcare professional. The use of the Web Site is at your own risk and the Web Site and the content are provided on as “AS IS” basis. Some information on our Web Site comes from you or from other users. We're not responsible for that information. Whether the information comes from us or from you, we're not liable for any damages resulting from your use of the information.
15. Entire Agreement. This Agreement constitutes the entire agreement between Company and Licensee and supersedes all prior understandings of Company and Licensee, including any prior representation, statement, condition, or warranty.
16. Additional Provisions and/or Disclosures.
LIMITATION OF LIABILITY YOU ASSUME ALL RESPONSIBILITY AND RISK FOR USE OF THE SERVICE AND THE MATERIALS INCLUDING WITHOUT LIMITATION ANY OF THE INFORMATION CONTAINED THEREIN. IN NO EVENT SHALL COMPANY OR ANY OF ITS DIRECTORS, OFFICERS, EMPLOYEES, SHAREHOLDERS, PARTNERS, OR AGENTS BE LIABLE FOR ANY INCIDENTAL, INDIRECT, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING DAMAGES FOR LOSS OF PROFITS, INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR ANY OTHER PECUNIARY LOSS) IN CONNECTION WITH ANY CLAIM, LOSS, DAMAGE, ACTION, SUIT OR OTHER PROCEEDING ARISING UNDER OR OUT OF THESE TERMS OF USE, INCLUDING WITHOUT LIMITATION YOUR USE OF, RELIANCE UPON, ACCESS TO, OR EXPLOITATION OF THIS WEB SITE, THE MATERIALS OR ANY PART THEREOF, OR ANY RIGHTS GRANTED TO YOU HEREUNDER, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER THE ACTION IS BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OR OTHERWISE. IN ANY EVENT, THE TOTAL MAXIMUM AGGREGATE LIABILITY UNDER THESE TERMS OF USE OR THE USE OR EXPLOITATION OF ANY OR ALL PART OF THIS WEB SITE OR THE MATERIALS IN ANY MANNER WHATSOEVER SHALL BE LIMITED TO ZERO (CHFr. 0.00) SWISS FRANCS. SOME JURISDICTIONS DO NOT ALLOW FOR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.