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AGREEMENT FOR LICENSED ITEMS
Sharecare, Inc. (“Company” or “Licensor”) and the entities or individuals (“Licensee(s)”) purchasing Sharecare YOU VR (the “Application”) hereby enter into this License Agreement (“Agreement”) effective as of the purchase date (the “Effective Date”).
Please read and acknowledge this End User License Agreement before accessing the Application. By downloading the Application, you indicate that you understand this Agreement and accept all the Terms contained herein and agree to be bound by such Terms.
Medical Disclaimer
Sharecare has created and compiled the content of the Application for your information and use. This information is not intended to replace or modify the medical advice of your doctor or health care provider. Please consult your health care provider for advice about a specific medical condition. Please remember that the information and content, in the absence of a visit with a health care professional, must be considered as an informational/educational service only and is not designed to replace a physician's independent judgment about the appropriateness of risks of a procedure or condition for a given patient.
1. Licensed Items. Licensor grants Licensee the right to purchase and download the following items, subject to the terms of this Agreement (“Licensed Items”):
Sharecare YOU VR Standard License featuring:
• Over 40 different scenes to explore, including anatomy, physiology, conditions, and treatments
• Informative labels and scene information
• Completely updated user interface with unique interactive controls
2. License.
Subject to Licensee compliance with these Terms, Licensor grants to the Licensee a limited, non-exclusive, non-transferable, non-sublicensable license to download and install a copy of the Application on a computer that you own or control and to run such copy of the Application solely for your own personal, non-commercial use. Except as expressly permitted in these Terms, you may not: (i) copy, modify or create derivative works based on the software or services; (ii) distribute, transfer, sublicense, lease, lend or rent the software or services to any third party; (iii) reverse engineer, decompile or disassemble the software; (iv) perform, display, or in any way exploit any of the content, software, materials or services, in whole or in part; or (v) make the functionality and/or content available to multiple users through any means. Licensor reserves all rights in and to the Application and services not expressly granted to you under these Terms.
Nothing in this Agreement permits any Licensee to export images created within the services to third-party software for commercial gain (e.g., for use in a book or similar). If Licensee wishes to export images from the Application or services for such purpose, Licensee must contact Licensor directly, as the Licensee will need the written consent of Licensor to do so.
3. Additional License Terms and Conditions.
Sharecare has no obligation to update or enhance the services or to produce or release new versions of same.
4. Attribution. Licensee will include the following copyright notice or other attribution in a location adjacent to the Licensed Items, where practical, or otherwise in a location used by
Licensee for the same or similar notices (“Proprietary Notice”).
• Sharecare Logo
5. IP Rights. Licensor is not transferring any copyright ownership or interest whatsoever in the Licensed Items under the terms of this Agreement. Any and all rights not expressly granted pursuant to the License(s) detailed in Section 2 of this Agreement are retained by Licensor.
6. License Term. Licensor authorizes the Licensee to use the Licensed Items only for the following period of time (“License Term”). When the License Term ends, Company’s rights to the Licensed Items will terminate, except as otherwise specified in the License Term.
• Perpetual
7. Warranty. THIS SECTION APPLIES TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. THE COMPANY HAS NO SPECIAL RELATIONSHIP OR DUTY TO THE LICENSEE. THE LICENSEE ACKNOWLEDGES THAT THE COMPANY, ASIDE FROM MAKING THE LICENSED ITEM(S) AVAILABLE TO THE LICENSEE, HAS NO CONTROL OVER, AND NO DUTY TO TAKE ACTION REGARDING, WHETHER THE LICENSEE GAINS ACCESS TO THE SERVICES, WHAT CONTENT THE LICENSEE ACCESSES VIA THE SERVICES, WHAT EFFECTS THE CONTENT MAY HAVE ON THE LICENSEE, HOW THE LICENSEE MAY INTERPRET OR USE THE CONTENT, OR WHAT ACTIONS THE LICENSEE MAY TAKE AS A RESULT OF BEING EXPOSED TO THE CONTENT. THE COMPANY MAKES NO REPRESENTATIONS CONCERNING CONTENT CONTAINED IN THE SITES OR SERVICES AND WILL NOT BE RESPONSIBLE OR LIABLE FOR THE ACCURACY, COPYRIGHT, COMPLIANCE, LEGALITY OR DECENCY OF MATERIAL CONTAINED IN OR ACCESSED THROUGH THE SERVICES. THE SOFTWARE, SERVICES, SITES AND CONTENT ARE PROVIDED AS “AS IS” BASIS, WITHOUT WARRANTIES OF ANY KIND. THE COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF THE COURSE OF DEALING OR USAGE OF TRADE. THE COMPANY MAKES NO WARRANTIES THAT THE
SharecareYOUVREULU8252020.
SERVICES WILL MEET THE LICENSEE REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. THE COMPANY MAKES NO WARRANTY REGARDING THE QUALITY, ACCURACY (INCLUDING MEDICAL ACCURACY), TIMELINESS, AVAILABILITY, LEGALITY, TRUTHFULNESS, COMPLETENESS, RELIABILITY OR OPERABILITY OF MATERIAL, CONTENT, SOFTWARE OR SERVICES. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM THE COMPANY OR ELSEWHERE, WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT. THE COMPANY DISCLAIMS ANY WARRANTY THAT THE SOFTWARE OR SERVICES WILL BE ERROR-FREE OR UNINTERRUPTED OR THAT ALL ERRORS WILL BE CORRECTED. THE LICENSEE ASSUMES SOLE RESPONSIBILITY AND LIABILITY FOR RESULTS OBTAINED FROM THE USE OF THE APPLICATION AND SERVICES AND FOR ANY AND ALL CONCLUSIONS DRAWN FROM SUCH USE. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO THE LICENSEE.
8. Limitation of Liability. WHEN AND WHERE PERMITTED BY LAW, COMPANY WILL NOT BE RESPONSIBLE FOR LOST PROFITS, REVENUES, OR DATA, FINANCIAL LOSSES OR INDIRECT, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE TOTAL LIABILITY OF COMPANY FOR ANY CLAIMS UNDER THESE TERMS, INCLUDING FOR ANY IMPLIED WARRANTIES, IS LIMITED TO THE TOTAL AMOUNT PAID BY LICENSEE TO COMPANY TO USE THE APPLICATION AND SERVICES, OR, IF COMPANY SO CHOOSES, TO REPLACING OR OTHERWISE SUPPLYING LICENSEE THE APPLICATION AND SERVICES AGAIN.
IN ALL CASES, COMPANY WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE THAT IS NOT REASONABLY FORESEEABLE.
9. Entire Agreement. This Agreement constitutes the entire understanding between Licensee and Company concerning this License(s) granted hereunder. This Agreement may be changed at any time by Company.
10. Jurisdiction. Each party hereto consents to the exclusive jurisdiction of the courts in Atlanta, Georgia to resolve any disputes whatsoever arising out of or concerning this Agreement.
Sharecare, Inc. (“Company” or “Licensor”) and the entities or individuals (“Licensee(s)”) purchasing Sharecare YOU VR (the “Application”) hereby enter into this License Agreement (“Agreement”) effective as of the purchase date (the “Effective Date”).
Please read and acknowledge this End User License Agreement before accessing the Application. By downloading the Application, you indicate that you understand this Agreement and accept all the Terms contained herein and agree to be bound by such Terms.
Medical Disclaimer
Sharecare has created and compiled the content of the Application for your information and use. This information is not intended to replace or modify the medical advice of your doctor or health care provider. Please consult your health care provider for advice about a specific medical condition. Please remember that the information and content, in the absence of a visit with a health care professional, must be considered as an informational/educational service only and is not designed to replace a physician's independent judgment about the appropriateness of risks of a procedure or condition for a given patient.
1. Licensed Items. Licensor grants Licensee the right to purchase and download the following items, subject to the terms of this Agreement (“Licensed Items”):
Sharecare YOU VR Standard License featuring:
• Over 40 different scenes to explore, including anatomy, physiology, conditions, and treatments
• Informative labels and scene information
• Completely updated user interface with unique interactive controls
2. License.
Subject to Licensee compliance with these Terms, Licensor grants to the Licensee a limited, non-exclusive, non-transferable, non-sublicensable license to download and install a copy of the Application on a computer that you own or control and to run such copy of the Application solely for your own personal, non-commercial use. Except as expressly permitted in these Terms, you may not: (i) copy, modify or create derivative works based on the software or services; (ii) distribute, transfer, sublicense, lease, lend or rent the software or services to any third party; (iii) reverse engineer, decompile or disassemble the software; (iv) perform, display, or in any way exploit any of the content, software, materials or services, in whole or in part; or (v) make the functionality and/or content available to multiple users through any means. Licensor reserves all rights in and to the Application and services not expressly granted to you under these Terms.
Nothing in this Agreement permits any Licensee to export images created within the services to third-party software for commercial gain (e.g., for use in a book or similar). If Licensee wishes to export images from the Application or services for such purpose, Licensee must contact Licensor directly, as the Licensee will need the written consent of Licensor to do so.
3. Additional License Terms and Conditions.
Sharecare has no obligation to update or enhance the services or to produce or release new versions of same.
4. Attribution. Licensee will include the following copyright notice or other attribution in a location adjacent to the Licensed Items, where practical, or otherwise in a location used by
Licensee for the same or similar notices (“Proprietary Notice”).
• Sharecare Logo
5. IP Rights. Licensor is not transferring any copyright ownership or interest whatsoever in the Licensed Items under the terms of this Agreement. Any and all rights not expressly granted pursuant to the License(s) detailed in Section 2 of this Agreement are retained by Licensor.
6. License Term. Licensor authorizes the Licensee to use the Licensed Items only for the following period of time (“License Term”). When the License Term ends, Company’s rights to the Licensed Items will terminate, except as otherwise specified in the License Term.
• Perpetual
7. Warranty. THIS SECTION APPLIES TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. THE COMPANY HAS NO SPECIAL RELATIONSHIP OR DUTY TO THE LICENSEE. THE LICENSEE ACKNOWLEDGES THAT THE COMPANY, ASIDE FROM MAKING THE LICENSED ITEM(S) AVAILABLE TO THE LICENSEE, HAS NO CONTROL OVER, AND NO DUTY TO TAKE ACTION REGARDING, WHETHER THE LICENSEE GAINS ACCESS TO THE SERVICES, WHAT CONTENT THE LICENSEE ACCESSES VIA THE SERVICES, WHAT EFFECTS THE CONTENT MAY HAVE ON THE LICENSEE, HOW THE LICENSEE MAY INTERPRET OR USE THE CONTENT, OR WHAT ACTIONS THE LICENSEE MAY TAKE AS A RESULT OF BEING EXPOSED TO THE CONTENT. THE COMPANY MAKES NO REPRESENTATIONS CONCERNING CONTENT CONTAINED IN THE SITES OR SERVICES AND WILL NOT BE RESPONSIBLE OR LIABLE FOR THE ACCURACY, COPYRIGHT, COMPLIANCE, LEGALITY OR DECENCY OF MATERIAL CONTAINED IN OR ACCESSED THROUGH THE SERVICES. THE SOFTWARE, SERVICES, SITES AND CONTENT ARE PROVIDED AS “AS IS” BASIS, WITHOUT WARRANTIES OF ANY KIND. THE COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF THE COURSE OF DEALING OR USAGE OF TRADE. THE COMPANY MAKES NO WARRANTIES THAT THE
SharecareYOUVREULU8252020.
SERVICES WILL MEET THE LICENSEE REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. THE COMPANY MAKES NO WARRANTY REGARDING THE QUALITY, ACCURACY (INCLUDING MEDICAL ACCURACY), TIMELINESS, AVAILABILITY, LEGALITY, TRUTHFULNESS, COMPLETENESS, RELIABILITY OR OPERABILITY OF MATERIAL, CONTENT, SOFTWARE OR SERVICES. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM THE COMPANY OR ELSEWHERE, WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT. THE COMPANY DISCLAIMS ANY WARRANTY THAT THE SOFTWARE OR SERVICES WILL BE ERROR-FREE OR UNINTERRUPTED OR THAT ALL ERRORS WILL BE CORRECTED. THE LICENSEE ASSUMES SOLE RESPONSIBILITY AND LIABILITY FOR RESULTS OBTAINED FROM THE USE OF THE APPLICATION AND SERVICES AND FOR ANY AND ALL CONCLUSIONS DRAWN FROM SUCH USE. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO THE LICENSEE.
8. Limitation of Liability. WHEN AND WHERE PERMITTED BY LAW, COMPANY WILL NOT BE RESPONSIBLE FOR LOST PROFITS, REVENUES, OR DATA, FINANCIAL LOSSES OR INDIRECT, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE TOTAL LIABILITY OF COMPANY FOR ANY CLAIMS UNDER THESE TERMS, INCLUDING FOR ANY IMPLIED WARRANTIES, IS LIMITED TO THE TOTAL AMOUNT PAID BY LICENSEE TO COMPANY TO USE THE APPLICATION AND SERVICES, OR, IF COMPANY SO CHOOSES, TO REPLACING OR OTHERWISE SUPPLYING LICENSEE THE APPLICATION AND SERVICES AGAIN.
IN ALL CASES, COMPANY WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE THAT IS NOT REASONABLY FORESEEABLE.
9. Entire Agreement. This Agreement constitutes the entire understanding between Licensee and Company concerning this License(s) granted hereunder. This Agreement may be changed at any time by Company.
10. Jurisdiction. Each party hereto consents to the exclusive jurisdiction of the courts in Atlanta, Georgia to resolve any disputes whatsoever arising out of or concerning this Agreement.