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VALLEY GENERAL HOSPITAL PTY LTD END-USER LICENSE AGREEMENT (EULA) PLEASE READ THESE TERMS CAREFULLY
BY USING VALLEY GENERAL HOSPITAL - VIRTUAL HOSPITAL PTY LTD (VGH) SOFTWARE YOU AGREE TO THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS DO NOT USE THE SOFTWARE.
Who we are and what this agreement does
We VGH of 52 Prospect Street, Fortitude Valley, Queensland, Australia 4101 license (us or we) you to use:
the software provided (Software) and any updates or supplements to it;
any and all user manuals, instructions, videos, brochures or similar media relating to the Software made available by us (Documentation);
as permitted by these terms.
The Software
Valley General Hospital Virtual Reality Interactive and Immersive Content (Software) is built using Game-based Interactive Learning concepts. The Content within is for informational and educational purposes. The software is designed for individuals who have an understanding of this medium of interaction and instruction.
Contacting us (including with complaints)
If you think the software is faulty or there are any inaccuracies in the content or you wish to contact us for any other reason please email at info@valleygeneral.hospital or call on 0400 605 572.
If we have to contact you we will do so by email.
A notice delivered by email will be treated as delivered on the day of delivery unless a notice of unsuccessful transmission has been received or unless this is after the normal working hours of the recipient in which case delivery will be treated as occurring on the next working day.
How you may use the Software
In return for your agreeing to comply with these terms you may:
view, use and display the Software on your devices for your personal and/or professional-medical purposes only;
use any Documentation to support your permitted use of the Software.
We are giving you personally the right to use the Software as set out above**.** You may not otherwise transfer the Software, or permit access to the Software via your Oculus profile or otherwise, to a third party, whether for money, for anything else or for free.
You are also responsible for supplying all equipment, internet access and bandwidth needed to properly access and use the Software.
Changes to these terms
We may need to change these terms to reflect changes in law or best practice or to deal with additional features which we introduce or to reflect changes in the terms of any supplier.
We will give you at least 7 days’ notice of any change by sending you an email with details of the change.
Changes to the Software
From time to time we may, by releasing updates, automatically change the Software to improve performance, enhance functionality, reflect changes to the operating system or address security issues, as well as suspend access to the Software.
Licence restrictions
You agree that you will not:
copy, modify, adapt, translate, or otherwise create derivative works of the Software, Documentation, Content, VGH's intellectual property rights (including, without limitation, all patents, rights to inventions, utility models, copyright and related rights, trade marks, service marks, trade, business and domain names, rights in trade dress or get-up, rights in goodwill or to sue for passing off, unfair competition rights, rights in designs, rights in computer software, database rights, rights in software or computer programs, topography rights, moral rights, rights in confidential information (including know-how and trade secrets) and any other intellectual property rights, in each case whether registered or unregistered and including all applications for and renewals or extensions of such rights, and all similar or equivalent rights or forms of protection in any part of the world) (Intellectual Property Rights) or any software, Software, or other technology of the third-party vendor(s) or hosting partners(s) who provide the infrastructure, hardware, software, networking, storage and related technology required to operate and provide the Software, Documentation or Content;
attempt to duplicate, modify, sub-license, copy, adapt, distribute, market, lease, create derivative works from or resell the Software(or any part of it including any of the Documentation or Content);
attempt to decompile, disassemble, reverse engineer or otherwise reduce to a human-perceivable form any part of the Software or to discover or disclose the source code, methods and concepts embodied in the Software except as may be allowed by any applicable law;
engage in any deceptive, unfair or misleading practice and/or in violation of any applicable law.
Intellectual Property Rights
All Intellectual Property Rights in the Software throughout the world belong to us (or our licensors) and the rights in the Software are licensed (not sold) to you. You have no rights in, or to, the Software other than the right to use it in accordance with these terms.
You acknowledge and agree that any ideas, enhancements, improvements, additions or modifications to the Software suggested by you, and any and all Intellectual Property Rights contained therein, will become our (or our licensors’) property, and you assign and agree to assign any and all right, title, and interest to any rights in such suggestions to us (or our licensors).
You agree not to make any representation, promise, warranty or other statement of fact about the Software that is not expressly set out in the Documentation. You agree that you will not make any representation, promise or warranty or other pledge, or incur any liability, on its behalf or purport to pledge its credit or make any contract binding on us.
Our responsibility for loss or damage suffered by you
We do not exclude or limit in any way our liability to you where it would be unlawful to do so.
We are not in any circumstances responsible for any of the following losses (whether foreseeable or unforeseeable): loss of profits; loss of revenues; loss of business or business opportunity; loss, deletion or corruption of content or data; computer failure or malfunction; or denial of service.
We encourage individuals and organizations to seek professional advice regarding the use of the Content of this Virtual Reality Interaction. If you suffer from any movement disorder, Epilepsy or any medical condition that can be triggered or exacerbated by this Training. Please see your physician or doctor seek the appropriate advice and refrain from using these devices and or seek alternate platforms.
Limitations to the Software
We do not warrant that the Software will meet your requirements or that it will be suitable for a particular purpose. It is your sole responsibility to determine that the Software meets your needs.
You agree that the Software is provided “as is” and “as available”. To the fullest extent permitted by applicable law, we exclude all terms, conditions, warranties and representations that are not expressly set out in this agreement (including any implied terms, whether in statute, equity, common law, course of trade or dealing or otherwise) including any as to merchantability, fitness for a particular purpose, non-infringement, the level of skill and care to be applied by us and any others whatsoever.
The Software is provided for general information and training purposes only. The content is built using generic information and is not a substitute for professional medical advice, diagnosis, or treatment. You must obtain professional or specialist advice before taking, or refraining from taking, any action on the basis of information obtained from the Software. Although we make reasonable efforts to update the information provided by the Software, we make no representations, warranties or guarantees, whether express or implied, that such information is accurate, complete or up to date.
Any healthcare provider who uses this Virtual Training cannot lay claim to competency in a particular task unless a certifying body incorporates completion of certain tasks in this interaction as part of Competency Requirement. VGH does not and is not a certifying body for any competencies for any provider who uses this Virtual training product.
We do not guarantee that the use of the Software will be uninterrupted or error-free at all times and in all circumstances, nor that such interruption or errors will be corrected. If for any reason we expect the Software to be down for a longer period than expected for routine maintenance, we will use reasonable efforts to publish in advance details of such activity on our website. We will not be liable for any interruption or use of the Software unless due to our negligence.
We are not responsible for events outside our control. If our provision of the Software or support for the Software is delayed by an event outside our control, then we will not be liable for delays caused by the event.
Circumstances in which we may end your rights to use the Software
We may end your right to use the Software and/or restrict access to, disable (on a permanent or temporary basis) remove, delete and/or destroy any Content at any time if:
you have broken, or we reasonably suspect that you have broken, the terms of this agreement; or
for any other reason we may choose (in our absolute discretion).
If we terminate the Software and/or end your rights to use the Software you must stop all activities authorised by these terms, including your use of the Software.
If you are a non-member of the Medical Defence Union Limited and we end your right to use the Software for a reason other than your breaking (or our suspecting that you have broken) these terms, we will refund to you the fees you have paid (less an amount in respect of the services you have received up to the date of termination).
VGH hereby disclaims any and all liability to any party for any direct, indirect, implied, punitive, special, incidental or other consequential damages including physical and psychological trauma arising directly or indirectly from any use of the Virtual Reality Interactive and Immersive Content, which is provided as is, and without warranties.
EULA last updated April 2021.
VALLEY GENERAL HOSPITAL PTY LTD © 2021
BY USING VALLEY GENERAL HOSPITAL - VIRTUAL HOSPITAL PTY LTD (VGH) SOFTWARE YOU AGREE TO THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS DO NOT USE THE SOFTWARE.
Who we are and what this agreement does
We VGH of 52 Prospect Street, Fortitude Valley, Queensland, Australia 4101 license (us or we) you to use:
the software provided (Software) and any updates or supplements to it;
any and all user manuals, instructions, videos, brochures or similar media relating to the Software made available by us (Documentation);
as permitted by these terms.
The Software
Valley General Hospital Virtual Reality Interactive and Immersive Content (Software) is built using Game-based Interactive Learning concepts. The Content within is for informational and educational purposes. The software is designed for individuals who have an understanding of this medium of interaction and instruction.
Contacting us (including with complaints)
If you think the software is faulty or there are any inaccuracies in the content or you wish to contact us for any other reason please email at info@valleygeneral.hospital or call on 0400 605 572.
If we have to contact you we will do so by email.
A notice delivered by email will be treated as delivered on the day of delivery unless a notice of unsuccessful transmission has been received or unless this is after the normal working hours of the recipient in which case delivery will be treated as occurring on the next working day.
How you may use the Software
In return for your agreeing to comply with these terms you may:
view, use and display the Software on your devices for your personal and/or professional-medical purposes only;
use any Documentation to support your permitted use of the Software.
We are giving you personally the right to use the Software as set out above**.** You may not otherwise transfer the Software, or permit access to the Software via your Oculus profile or otherwise, to a third party, whether for money, for anything else or for free.
You are also responsible for supplying all equipment, internet access and bandwidth needed to properly access and use the Software.
Changes to these terms
We may need to change these terms to reflect changes in law or best practice or to deal with additional features which we introduce or to reflect changes in the terms of any supplier.
We will give you at least 7 days’ notice of any change by sending you an email with details of the change.
Changes to the Software
From time to time we may, by releasing updates, automatically change the Software to improve performance, enhance functionality, reflect changes to the operating system or address security issues, as well as suspend access to the Software.
Licence restrictions
You agree that you will not:
copy, modify, adapt, translate, or otherwise create derivative works of the Software, Documentation, Content, VGH's intellectual property rights (including, without limitation, all patents, rights to inventions, utility models, copyright and related rights, trade marks, service marks, trade, business and domain names, rights in trade dress or get-up, rights in goodwill or to sue for passing off, unfair competition rights, rights in designs, rights in computer software, database rights, rights in software or computer programs, topography rights, moral rights, rights in confidential information (including know-how and trade secrets) and any other intellectual property rights, in each case whether registered or unregistered and including all applications for and renewals or extensions of such rights, and all similar or equivalent rights or forms of protection in any part of the world) (Intellectual Property Rights) or any software, Software, or other technology of the third-party vendor(s) or hosting partners(s) who provide the infrastructure, hardware, software, networking, storage and related technology required to operate and provide the Software, Documentation or Content;
attempt to duplicate, modify, sub-license, copy, adapt, distribute, market, lease, create derivative works from or resell the Software(or any part of it including any of the Documentation or Content);
attempt to decompile, disassemble, reverse engineer or otherwise reduce to a human-perceivable form any part of the Software or to discover or disclose the source code, methods and concepts embodied in the Software except as may be allowed by any applicable law;
engage in any deceptive, unfair or misleading practice and/or in violation of any applicable law.
Intellectual Property Rights
All Intellectual Property Rights in the Software throughout the world belong to us (or our licensors) and the rights in the Software are licensed (not sold) to you. You have no rights in, or to, the Software other than the right to use it in accordance with these terms.
You acknowledge and agree that any ideas, enhancements, improvements, additions or modifications to the Software suggested by you, and any and all Intellectual Property Rights contained therein, will become our (or our licensors’) property, and you assign and agree to assign any and all right, title, and interest to any rights in such suggestions to us (or our licensors).
You agree not to make any representation, promise, warranty or other statement of fact about the Software that is not expressly set out in the Documentation. You agree that you will not make any representation, promise or warranty or other pledge, or incur any liability, on its behalf or purport to pledge its credit or make any contract binding on us.
Our responsibility for loss or damage suffered by you
We do not exclude or limit in any way our liability to you where it would be unlawful to do so.
We are not in any circumstances responsible for any of the following losses (whether foreseeable or unforeseeable): loss of profits; loss of revenues; loss of business or business opportunity; loss, deletion or corruption of content or data; computer failure or malfunction; or denial of service.
We encourage individuals and organizations to seek professional advice regarding the use of the Content of this Virtual Reality Interaction. If you suffer from any movement disorder, Epilepsy or any medical condition that can be triggered or exacerbated by this Training. Please see your physician or doctor seek the appropriate advice and refrain from using these devices and or seek alternate platforms.
Limitations to the Software
We do not warrant that the Software will meet your requirements or that it will be suitable for a particular purpose. It is your sole responsibility to determine that the Software meets your needs.
You agree that the Software is provided “as is” and “as available”. To the fullest extent permitted by applicable law, we exclude all terms, conditions, warranties and representations that are not expressly set out in this agreement (including any implied terms, whether in statute, equity, common law, course of trade or dealing or otherwise) including any as to merchantability, fitness for a particular purpose, non-infringement, the level of skill and care to be applied by us and any others whatsoever.
The Software is provided for general information and training purposes only. The content is built using generic information and is not a substitute for professional medical advice, diagnosis, or treatment. You must obtain professional or specialist advice before taking, or refraining from taking, any action on the basis of information obtained from the Software. Although we make reasonable efforts to update the information provided by the Software, we make no representations, warranties or guarantees, whether express or implied, that such information is accurate, complete or up to date.
Any healthcare provider who uses this Virtual Training cannot lay claim to competency in a particular task unless a certifying body incorporates completion of certain tasks in this interaction as part of Competency Requirement. VGH does not and is not a certifying body for any competencies for any provider who uses this Virtual training product.
We do not guarantee that the use of the Software will be uninterrupted or error-free at all times and in all circumstances, nor that such interruption or errors will be corrected. If for any reason we expect the Software to be down for a longer period than expected for routine maintenance, we will use reasonable efforts to publish in advance details of such activity on our website. We will not be liable for any interruption or use of the Software unless due to our negligence.
We are not responsible for events outside our control. If our provision of the Software or support for the Software is delayed by an event outside our control, then we will not be liable for delays caused by the event.
Circumstances in which we may end your rights to use the Software
We may end your right to use the Software and/or restrict access to, disable (on a permanent or temporary basis) remove, delete and/or destroy any Content at any time if:
you have broken, or we reasonably suspect that you have broken, the terms of this agreement; or
for any other reason we may choose (in our absolute discretion).
If we terminate the Software and/or end your rights to use the Software you must stop all activities authorised by these terms, including your use of the Software.
If you are a non-member of the Medical Defence Union Limited and we end your right to use the Software for a reason other than your breaking (or our suspecting that you have broken) these terms, we will refund to you the fees you have paid (less an amount in respect of the services you have received up to the date of termination).
VGH hereby disclaims any and all liability to any party for any direct, indirect, implied, punitive, special, incidental or other consequential damages including physical and psychological trauma arising directly or indirectly from any use of the Virtual Reality Interactive and Immersive Content, which is provided as is, and without warranties.
EULA last updated April 2021.
VALLEY GENERAL HOSPITAL PTY LTD © 2021