Vobium Health Manager End-User License Agreement

IMPORTANT - MUST READ CAREFULLY: This End-User License Agreement ("EULA") is a legal agreement between You (either an individual or a single entity), on the one hand, and Vobium Technologies Private Limited (referred to herein as "The Licensor"), on the other hand, for the software (computer program/application), hardware and other products that are associated with this EULA, including but not limited to Vobium Technologies Private Limited ("Vobium") computer software, associated media, flash drives, printed materials, graphics, service marks, trademarks, patents, "online" or electronic documentation, and Internet-based services (referred to herein as the "Product" or "Software Product"). The Software Product also includes any software updates, web services and/or supplements to the extent that such items are not accompanied by a separate License Agreement or Terms of Use which has been provided or made available to You by the Licensor at any time after the initial copy of the Product has been obtained by You.

If this Agreement was generated by computer, the Software Product means the software which you are now using. If this is a printed version, the Software Product is the software that Vobium has agreed to license to you. The software herein expressly includes but is not limited to any other software included within this product and/or this product's distribution media or downloaded software.

Please read the following license carefully, before either (i) completing the electronic order or download of the Licensed Software from an authorised website, or (ii) installing the Licensed Software from media that was delivered after being ordered by alternative order process, as applicable. By installing, copying, downloading, accessing or otherwise using the Software Product, You agree to be bound by the terms of this EULA. If You do not agree to the terms of this EULA, do not install, copy, download, access or otherwise use the Software Product;

You acknowledge that you have read this License Agreement, have understood it, and agree to be bound by its terms. If you do not agree to the terms and conditions of this Agreement, please do not copy, download, access or use this Software Product.

CAREFULLY READ ALL THE TERMS AND CONDITIONS OF THIS EULA PRIOR TO DOWNLOADING OR USING THIS SOFTWARE. PURCHASING, DOWNLOADING, INSTALLING, COPYING OR OTHERWISE USING THE PRODUCT WITHOUT AGREEING TO THIS EULA IS DONE SOLELY AT YOUR OWN RISK, AND YOU MAY BE HELD LIABLE FOR VIOLATIONS OF THIS EULA.

ALL PURCHASES OF THE PRODUCT ARE FINAL. YOU MAY NOT RETURN THE PRODUCT AND NO REFUNDS WILL BE GIVEN FOR ANY REASON, WITHOUT EXCEPTION.

The Licensor has the authority to deny the sale of the Software Product through online or other distribution channels on the basis of your location or for any reason whatsoever. No attempt shall be made by you to work around any limitations.

Evaluation/Trial License: If You have received, downloaded and/or installed an Evaluation/Trial version of the Software Product and are hereby granted an Evaluation License for the Software, You may use the Software Product only for evaluation purposes and only during the single applicable evaluation period of seven (7) days from the date of installation. This License begins upon installing the Licensed Software and ends seven (7) days thereafter ("Evaluation Period"). You are permitted to use the evaluation copy only one time. If you are not willing to use the Licensed Software, after the Evaluation Period, delete all copies of the Licensed Software installed in your computer, workstation, laptop, terminal or any other electronic device with immediate effect. You are prohibited from using the Licensed Software for any other use than that for which the License is given or beyond the applicable Evaluation Period or otherwise offering it for resale. Vobium Technologies Private Limited retains all rights not specifically granted to you herein.

1) GRANT OF LICENSE: USAGE RULES 

You shall be authorized to use the Product only for personal and non-commercial use.

The Software Product is licensed and not sold. It is "Not for Resale". Notwithstanding other sections of this EULA, you may not resell, or otherwise transfer for value, the Software Product.

No person, household or office shall be entitled to use the Product on more than one computer, workstation, terminal, laptop, network or any other electronic device. The Product is licensed as a single Software Product. Neither the Software Product nor its components or parts shall be separated for use on more than one computer, workstation, terminal, laptop, network or any other electronic device.

You agree that you will not attempt to, or encourage or assist any other person to, circumvent or modify any security technology or software that is part of the Product or used to administer this EULA.

You must not use the Product to harm, threaten, or harass another person, firm or organization. You must not damage, disable, overburden, or impair the Product (or any network/device connected to the Product); resell or redistribute the Product or any part of it; use any unauthorized means to modify, reroute, or gain access to the Product or attempt to carry out these activities; or use any automated process or service to gain access to use the Product. You may not distribute copies of the Product to others. You may not modify or translate the Product without the prior written consent of the Licensor.

You must not rent, lease, lend or provide commercial hosting services of the Product to third parties. You must not permit third parties to benefit from the use of functionality of the software by way of a time-sharing, service bureau or other arrangement.

Any serial number/activation key for the Software Product provided by Vobium to You shall not be distributed or transferred by You to any person at any time. You shall not use the software in any manner that would bypass or circumvent the requirement of obtaining from Vobium a serial number/activation key to enable the software.

You shall not recreate the program algorithm of the Software Product which shall be the proprietary of the Licensor in any manner whatsoever which may include the use or reverse engineering of the Product's binary code or source code.The source code of the Product shall be under the exclusive ownership of the Licensor and You only have the right to use the Product by accepting this EULA. All rights not expressly granted herein are reserved by the Licensor. Any such unauthorized use of the Software shall result in immediate and automatic termination of this Agreement and the License granted hereunder and may result in criminal and/or civil prosecution against You.

2) OWNERSHIP RIGHTS

The Product is protected by copyright laws and international treaty provisions. The Licensor owns and retains all right, title and interest in and to the Product, including all copyrights, patents, trade secret rights, trademarks and other intellectual property rights therein and including without limitation any error corrections, enhancements, updates or other modifications to the Software, made by the Licensor. Your possession, installation, access, download or use of the Software Product does not transfer to you any title to the Product, and you will not acquire any rights to the intellectual property in or to the Product except as expressly set forth in this Agreement. All copies of the Product must contain the same proprietary notices that appear on and in the Product.

3) SOFTWARE TRANSFER

You may physically move the Software Product to a different computer solely for your own use, provided that you delete the software from the original Computer and otherwise remain in compliance with all terms of use under this EULA. Before the Software Product is removed from the original computer, an electronic key (License) transfer operation can be done from within the Product on the original computer so that the Product can be activated on a different computer. In the event and for whatever reasons, electronic key transfer does not happen you need to purchase new Serial keys from the Licensor for the new machine on which the transfer is to be affected.

4) CONTENT AND SHARING RECORDS

The Licensor does not have access to the content (data/records) that you enter into the Product. Content creation, its authenticity, its access control and the applicability of its use is your sole responsibility and under your sole authority.

The Licensor shall have access only to your name and email address as provided by you and your IP Address during Product activation. No other information as provided by you shall be collected, accessed or downloaded by the Licensor.

5) BACK-UP, AND RESERVATION OF RIGHTS

You may not copy the Product, its components or documentation except for back-up purposes and to install the software onto the computer as part of the initial execution of the Product. You must reproduce the following copyright notice on any back-up copy:

"Copyright (c) 2012 Vobium Technologies Private Limited. All Rights Reserved."

Any other copies of the Product, its components and/or documentation are in violation of this EULA.

The Product is licensed to You as set forth in this EULA and not sold. You shall not emulate, copy, clone, modify, decompile, or reverse engineer the Product or attempt to obtain the source code or disassemble or create derivative works based on the Product or any portion thereof with the sole exception of a non-waivable right granted to You by applicable legislation, and you shall not otherwise reduce any part of the Software to human readable form or transfer the licensed Software, or any subset of the licensed Software, nor permit any third party to do so, except to the extent the foregoing restriction is expressly prohibited by applicable law. If the licensed right of use for the Product is acquired by you with any intent to reverse engineer, decompile, create derivative works, and the exploitation or unauthorized transfer of, any of the Product's intellectual property and trade secrets, to include any exposed methods or source code where provided, no licensed right of use shall exist, and any product(s) created as a result shall be judged illegal by definition of all applicable law.

The Licensor reserves all rights not expressly granted to you in this EULA. The license granted to you for the Product by the Licensor is limited to a non-transferable license to use the Product as permitted by this EULA. This EULA does not allow you to use the Product on any computer that you do not own or control.

6) COPYRIGHT

All title and copyrights in and to the Product (including but not limited to any source code, /images_health, photographs, animations, video, audio, music, text, and files incorporated into the Product), the accompanying printed materials, all patents, trade secret rights, trademarks and other intellectual property rights in the Product and any copies of the Product are owned by the Licensor. The Product, all of its components and its related documentation, and any derivative works thereof, are protected by copyright and other intellectual property laws and treaties. Therefore, you must treat the Product like any other copyrighted material. You may not copy the printed materials accompanying the Product.

7) INTELLECTUAL PROPERTY OWNERSHIP

You agree that the Software and the authorship, systems, ideas, methods of operation, documentation and other information contained in the Software, are proprietary intellectual property and/or the valuable trade secrets of the Licensor, are protected by civil and criminal law, and by laws of copyright, trade secret, trademark and patent of India as well as other countries and international treaties. This Agreement does not grant to You any rights to the intellectual property including any Trademarks or Service Marks ("Trademarks") of the Licensor and/or its partners. You may use the Trademarks only insofar as to identify printed output produced by the Software in accordance with accepted trademark practice, including identification of the Trademark owner's name. Such use of any Trademark does not give you any rights of ownership in that Trademark. Except as stated herein, this Agreement does not grant you any intellectual property rights in the Software and you acknowledge that the License, as further defined herein, granted under this Agreement only provides you with a right of limited use under the terms and conditions of this Agreement.

You agree not to modify or alter the Software in any way. You may not remove or alter any copyright notices or other proprietary notices on any copies of the Product

THE USE OF THE PRODUCT OUTSIDE OF THE SCOPE OF THIS EULA IS STRICTLY PROHIBITED AND INFRINGES ON THE INTELLECTUAL PROPERTY RIGHTS OF LICENSOR AND MAY SUBJECT YOU TO CIVIL AND CRIMINAL PENALTIES, INCLUDING BUT NOT LIMITED TO POSSIBLE MONETARY DAMAGES FOR COPYRIGHT INFRINGEMENT.

8) TERM

This EULA is effective until terminated. You may terminate it by destroying the Product and all components of the Product and all copies thereof. This EULA will also terminate if You fail to comply with any term or condition of this EULA. You agree that upon such termination You shall destroy the original and all copies of the Product in your possession and shall remove the electronic components of the Product from any computer in your control.

9) INTERNET ACCESS REQUIRED

Internet connection is required for the Product activation and for download of any patches/updates or upgrades made to the Product.

10) UPGRADES

The terms of this EULA will also govern any upgrades provided by the Licensor that replace and/or supplement the original Product, unless such upgrade is accompanied by a separate EULA, in which case the terms of that EULA will govern the upgrades. To use the Product identified as an upgrade, You must first be licensed for the Product identified by the Licensor as eligible for the upgrade. After upgrading, You may no longer use the software that formed the basis for your upgrade eligibility.

You shall be provided with free Technical Support for any issues/problems relating to the installation or updates or error messages received in the Product upto twelve (12) months from the date of your initial Product activation.

11) INFORMATIONAL PURPOSES ONLY

The Product is intended by the Licensor to be used for informational purposes only by you. The Product is not intended by the Licensor to provide any diagnostic or clinical decision-making or health management functions. The clinical accuracy of the data and the information stored in the Product are not within the control or responsibility of the Licensor, and cannot be guaranteed. The Product is not a medical aid/device or advice and is not intended and should not be used in the diagnosis, cure, mitigation, treatment or prevention of disease or other condition of the body. It is necessary that the advice of a regular physician or other qualified health provider is sought on any questions regarding a medical condition, diet, fitness or wellness program. Do not disregard professional medical advice or delay in seeking it because of information you have accessed on the Product. In the event of an emergency, immediately contact your physician or go to the emergency room of the nearest hospital, or call for emergency help.

The Product is intended only for recording and storing of personal health records for you and for your family members. A maximum of twenty (20) user accounts inclusive of yours can be created in one Software Product.

12) PRIVACY

The Licensor shall consider your use of the Product to be private. The Licensor shall have access only to your name and email address and your IP address captured during Product activation. Further the Licensor shall not have access to, or collect, record, store, download or use the health information provided by you in the Product.

13) SECURITY

You need to have a valid user id and password to login to the Product. Only authenticated users are allowed access to the Product. After activation of the Product, You will be prompted to create user accounts for yourself and your family's usage. A maximum of twenty (20) user accounts can be created for You and your family. While creating passwords, please choose a password that is easy for You to remember, yet difficult for others to guess. For greater security, You should use a password containing a combination of numbers and letters. You are solely responsible for maintaining the confidentiality of your account by choosing a unique username and password, by logging-out and exiting applications after You are finished with your session and restricting access to your computer, workstation, laptop, terminal, network or any other electronic device. In the event and for whatever reason, You lose your data in the Product due to Hardware, Software or virus related problems or database corruption or crashes in your computer, workstation, laptop, terminal, network or any other electronic device then in such case the Licensor shall not be held responsible or liable for such loss or error or corruption. For this purpose and for security reasons, You are required to take periodic backups and keep them secured. If any backup gets corrupted the Licensor will not be held liable.

You agree to accept responsibility for all activities that occur through your account. There is always a risk that unauthorized parties may breach established security systems.

LICENSOR NEITHER TAKES RESPONSIBILITY FOR NOR WARRANTS THE ACCURACY OR OMISSIONS OR ERRORS OF ANY CONTENT OR SECURITY OF ANY PERSONAL OR PERSONALLY IDENTIFIABLE INFORMATION, MEDICAL OR OTHERWISE, UPLOADED, DOWNLOADED, SUBMITTED, SAVED ON LOCAL OR REMOTE COMPUTERS, FLASH DRIVES AND/OR OTHERWISE TRANSMITTED ELECTRONICALLY BY OR TO YOU THROUGH THE USE OF THE PRODUCT. ANY INTERACTIVE FEATURE OF THE PRODUCT WHEREBY YOU CAUSE INFORMATION TO BE COLLECTED, VIEWED AND/OR STORED BY A THIRD PARTY IS DONE SOLELY AT YOUR OWN RISK. YOU AND/OR YOUR HEALTH CARE PROVIDER ARE SOLELY RESPONSIBLE FOR VERIFYING THE ACCURACY OF ANY INFORMATION COLLECTED, VIEWED AND/OR STORED VIA USE OF THE PRODUCT. LICENSOR TAKES NO RESPONSIBILITY FOR ANY MEDICAL DECISIONS UNDERTAKEN OR INFLUENCED VIA USE OF THE PRODUCT, AND THE SAME ARE SOLELY AT YOUR RISK.

14) ACCURACY OF INFORMATION

You are solely responsible for the accuracy of all the personal and health information entered into the Product. Inaccurate data entry may lead to mis-diagnosis or errors in treatment. Because the consequences of mis-diagnosis or errors in treatment can be potentially dangerous to your health, you must take every precaution to ensure that your medical history, medications (including dosages), allergies, symptoms and all other information have been entered correctly. Carefully review your information for accuracy every time you log in to the Product. Update all information, including but not limited to changes in diagnosis, test results, medical history, allergies, symptoms and medication (including which vitamins, over-the-counter and prescription drugs you are currently taking, and any changes in dosage). The Licensor is not responsible for errors in personal or health information entered in the Product.

If you are unsure how to input data, or what data to input, including, but not limited to: diagnoses, procedures, medications, allergies, symptoms etc., please consult your physician.

15) HIGH RISK ACTIVITIES

The Product is not fault-tolerant and is not designed or intended for use in hazardous environments requiring fail-safe performance, including without limitation, in the operation of nuclear facilities, aircraft navigation or communication systems, air traffic control, weapons systems, direct life-support machines, or any other application in which the failure of the Product could lead directly to death, personal injury, or severe physical or property damage (collectively, 'High Risk Activities'). The Licensor expressly disclaims any express or implied warranty of fitness for High Risk Activities.

16) NO WARRANTY

THE PRODUCT IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. THE ENTIRE RISK AS TO THE RESULTS AND PERFORMANCE OF THE PRODUCT IS ASSUMED BY YOU. SHOULD THE PRODUCT PROVE DEFECTIVE, YOU (AND NOT THE LICENSOR, ITS DISTRIBUTORS OR DEALERS) ASSUME THE ENTIRE COST OF ANY AND ALL NECESSARY REPAIR, OR CORRECTION. FURTHER, THE LICENSOR DOES NOT WARRANT, GUARANTEE, OR MAKE ANY REPRESENTATIONS REGARDING THE USE OF, OR THE RESULTS OF THE USE OF, THE PRODUCT IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY, CURRENTNESS OR OTHERWISE, AND YOU RELY ON THE PRODUCT AND RESULTS SOLELY AT YOUR OWN RISK.

THERE IS ALWAYS A RISK THAT AN UNAUTHORIZED PARTY MAY BREACH ESTABLISHED SECURITY SYSTEMS.

NEITHER LICENSOR NOR ANYONE ELSE WHO HAS BEEN INVOLVED IN THE CREATION, PRODUCTION, OR DELIVERY OF THE PRODUCT SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, OR INCIDENTAL DAMAGES ARISING OUT OF THE USE, THE RESULTS OF USE, OR INABILITY TO USE SUCH PRODUCT, EVEN IF THE LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR CLAIM.

17) LIMITATION OF LIABILITY

THE LICENSORS AND OTHER THIRD PARTIES ARE NEITHER RESPONSIBLE NOR LIABLE FOR ANY INJURIES (INCLUDING FOR WRONGFUL DEATH), DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA, OR BUSINESS INTERRUPTION) ARISING OUT OF OR RELATING IN ANY WAY TO THE PRODUCT, USE OF OR INABILITY TO USE THE PRODUCT, CONTENT OR INFORMATION CONTAINED WITHIN THE PRODUCT, MEDICAL ADVICE, DIAGNOSIS, TREATMENT, THE PERFORMANCE OR POSSESSION OF THE PRODUCT, ANY HYPERLINKED WEB SITE, ANY DEFECT IN THE PRODUCT OR ITS CONTENTS, AND/OR ANY BREACH OF THE TERMS OF USE. THIS LIMITATION APPLIES (A) WHETHER THE ALLEGED CLAIMS OR DAMAGES ARE BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY AND (B) REGARDLESS OF WHETHER OR NOT VOBIUM TECHNOLOGIES PRIVATE LIMITED HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE PRODUCT, SERVICES, AND/OR HYPERLINKED WEB SITES IS TO STOP USING THE PRODUCT AND/OR THOSE SERVICES. SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS. IF THE EXCLUSION OF WARRANTY OR LIMITATION OF LIABILITY IS HELD INAPPLICABLE OR UNENFORCEABLE FOR ANY REASON, THEN VOBIUM TECHNOLOGIES PRIVATE LIMITED , AND ITS SUBSIDIARIES, AFFILIATES, VENDORS AND/OR LICENSORS AND OTHER THIRD PARTIES MAXIMUM LIABILITY FOR ANY TYPE OF DAMAGES SHALL NOT EXCEED THE AMOUNT WHICH YOU MAY HAVE PAID FOR THE PRODUCT.

18) THIRD PART RIGHTS

The Software Product may include some programs, external libraries and devices connected with the Product which are provided by Third parties. The Licensor does not operate, control or supply any information, product, or service that is not clearly identified as supplied by the Licensor. Your use of those programs, devices and external libraries is solely between you and the third party, and your use of them is governed by separate 'Terms of Use, Licenses and Privacy Statements' between you and the third party. Be aware that they affect how you share your personal information when using that third party program. Nothing in any third party terms increases our liability or changes your relationship with us. Certain third party programs may not be available to all users.

All third party technology which may be necessary to use with the Product is specified in THIRDPARTYLICENSE. Such third party technology is licensed to You under the terms of the third party technology License Agreement specified. Please review the list of libraries and licenses provided for use.

19) GOVERNING LAW AND JURISDICTION

This EULA and its interpretation, validity and performance shall be governed and construed in accordance with the laws in India and shall be subject to the exclusive jurisdiction of the Courts in Mumbai in case of any disputes which arise after the acceptance of this EULA.

20) ACKNOWLEDGMENT

BY DOWNLOADING, INSTALLING OR OTHERWISE USING THE PRODUCT, YOU ACKNOWLEDGE THAT YOU HAVE READ THIS EULA, UNDERSTAND IT, AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS. YOU ALSO AGREE THAT THIS EULA IS THE COMPLETE AND EXCLUSIVE STATEMENT OF AGREEMENT BETWEEN THE PARTIES AND SUPERSEDES ALL PROPOSALS OR PRIOR AGREEMENTS, WHETHER ORAL OR WRITTEN, AND ANY OTHER COMMUNICATIONS BETWEEN THE PARTIES RELATING TO THE SUBJECT MATTER OF THIS EULA.

21) ENTIRE AGREEMENT

This Agreement constitutes the entire agreement between the parties with respect to the use of the Product licensed hereunder. No amendment to or modification of this Agreement will be binding unless in writing and signed by the Licensor.

Should you have any questions concerning this EULA, please contact in writing:

Vobium Technologies Private Limited

Suite 212, 2nd floor, Hind Service Industries,

Dyaneshwar Mandir Road, Off Veer Savarkar Marg,

Shivaji Park, Dadar (W), Mumbai 400 028, Mumbai, India

Email: