End User License Agreement
PLEASE READ THE FOLLOWING BONESETTER APPS, LLC END USER LICENSE AGREEMENT ("EULA Agreement") CAREFULLY BEFORE CONTINUING. THIS IS A LEGAL CONTRACT BETWEEN BONESETTER APPS, LLC ("Bonesetter Apps") AND YOU ("You" OR "User"), ALONG WITH ANY RELATED INSTITUTIONAL ACCOUNT HOLDERS THAT PROVIDED YOU WITH ACCESS TO THE SOFTWARE (THE "Account Holder"). BONESETTER APPS IS WILLING TO LICENSE THE SOFTWARE PROVIDED TO YOU, WHETHER BY WEBSITE. DOWNLOAD, VIA THE INTERNET, AS PART OF A DEVICE OR PIECE OF EQUIPMENT, OR ON SOFTWARE MEDIA, INCLUDING ALL DATABASES, DATA, AND DOCUMENTATION CONTAINED THEREIN OR PROVIDED THEREWITH (THE "SOFTWARE") TO YOU ONLY UPON THE CONDITION THAT YOU ACCEPT ALL OF THE TERMS AND CONDITIONS CONTAINED IN THIS EULA AGREEMENT. BY DOWNLOADING ACCESSING OR USING SOFTWARE, YOU AFFIRMATIVELY ACCEPT ALL OF THE TERMS AND CONDITIONS OF THIS EULA AGREEMENT AND AGREE TO BE BOUND BY ITS PROVISIONS AS OUTLINED HEREIN BOTH FOR YOURSELF AND ON BEHALF OF ANY RELATED ACCOUNT HOLDER, WHICH INCLUDE YOUR REPRESENTATION THAT YOU HAVE AUTHORITY TO BIND THE ACCOUNT HOLDER. IF YOU DO NOT ACCEPT THE TERMS OF THIS EULA AGREEMENT, YOU ARE NOT PERMITTED TO USE THE SOFTWARE AND YOU MUST NOT DOWNLOAD, ACCESS OR USE THE SOFTWARE.
1. License. Bonesetter Apps grants, and the User and any related Account Holder hereby accepts, a nonexclusive, nontransferable, revocable license to use the Software on the terms and conditions set forth in this EULA Agreement. If the Software is provided on software media, the User and any related Account Holder may make one copy of the Software in machine-readable form for backup purposes only. The backup copy must include all copyright information contained on the original. If the Software is provided via the Internet, then the license herein includes a license to access servers controlled by Bonesetter Apps ("Servers") only for the purpose of accessing the Software.
You may not do any of the following yourself, or through any third party or the Account Holder, and you may not permit any third party with whom you have a business or personal relationship to do any of the following: (A) copy the Software, except as expressly set forth above; (B) modify or create derivative works based upon the Software; (C) decompile, disassemble, or reverse engineer the Software in whole or in part; (D) defeat, disable, or circumvent any protection mechanism related to the Software; (E) sell, license, sublicense, lease, rent, distribute, disclose, permit access to, or transfer to any third party, whether for profit or without charge, any portion of the Software, or, in particular, without limiting the generality of the foregoing, distribute the Software on any media; make the Software accessible to the public or third parties, whether over networks, electronic bulletin boards, websites, or otherwise; or allow any third party to use the Software; (F) publish or otherwise communicate any review of, or information about, the performance of the Software to any third party without the prior written consent of Bonesetter Apps; (G) export, re-export, download, or otherwise use the Software in violation of any laws or regulations, including U.S. Department of Commerce Export Administration regulations and other applicable laws; or (H) use the Software in connection with life support systems, human implantation, medical devices, or any application where failure or malfunction could lead to possible loss of life or catastrophic property damage.
2. Termination. The User may terminate this EULA Agreement at any time by notifying Bonesetter Apps in writing. Bonesetter Apps may at its sole discretion terminate this EULA Agreement at any time, with or without prior notification, in the event the User fails to comply with the terms and conditions of this agreement, by deactivating the User's username and password or suspending operation of the system. Bonesetter Apps reserves the right to terminate this EULA Agreement, or to modify or terminate services and/or product offerings in connection with the Software, at any time without notice to the User. Termination of this EULA Agreement between a User and Bonesetter Apps shall only act to discontinue User's personal access to the Software and such termination shall not act to terminate this EULA Agreement or any other contracts related to the Software between any related Account Holder and Bonesetter Apps.
3. Copyright and Restrictions. The Software, including all text and other content therein ("Content") is the property of Bonesetter Apps or its licensors, and is protected by copyright and other intellectual property laws. Except for the rights expressly granted above, this EULA Agreement transfers to User, including any related Account Holder, no right, title, or interest in the Software, or the Content or any copyright, patent, trademark, trade secret, or other intellectual property or proprietary right therein. Bonesetter Apps retains sole and exclusive title to all portions of the Software and the Content, and any copies thereof, and User, including any related Account Holder, hereby assigns to Bonesetter Apps all right, title, and interest in and to any modifications User or Account Holder makes to the Software, whether or not such modifications are permitted. None of the Content may be reproduced, transcribed, stored in a retrieval system, translated into any spoken language or computer language, retransmitted in any form or by any means (electronic, mechanical, photocopied, recorded, or otherwise), resold, or redistributed without the prior written consent of Bonesetter Apps, except that the User may reproduce limited excerpts of Content obtained from Bonesetter Apps sources or databases for personal use only, provided that each such copy contains a copyright notice as follows:
"Copyright© 2014-2019 by Bonesetter Apps, LLC. All rights reserved."
For Content obtained from third-party licensors, the User and any related Account Holder are solely responsible for compliance with any copyright restrictions and is referred to the publication data appearing in bibliographic citations, as well as to the copyright notices appearing in the original publications.
4. Content Provided by Bonesetter Apps. While great care has been taken in organizing and presenting the Content, Bonesetter Apps does not warrant or guarantee its correctness, accuracy, or timeliness, including with respect to any product descriptions, prices, or information concerning medical devices. Bonesetter Apps does not perform any independent analysis or investigation of any of the product descriptions or other Content. Bonesetter Apps does not assume, and expressly disclaims, any obligation to obtain and include any information other than that provided in the Content. It should be understood that by making this material available, Bonesetter Apps is not endorsing or advocating the use of any product described in the Content, nor is Bonesetter Apps responsible for misuse of a product due to, or other consequence of, any typographical error or other inaccuracy. Additional information on any product may be obtained from the manufacturer.
5. Use of Professional Judgment. The editors and authors have conscientiously and carefully tried to present the Content, including diagnosis measures, treatment alternatives, and surgical techniques, in conformance with the standards of professional practice that prevailed at the time of Content publication. However, such standards and practices in medicine change as new data become available, and the User or any medical professional receiving access to the Software via an Account Holder should consult a variety of sources. The Content is no substitute for individual patient assessment based upon the healthcare provider's examination of each patient and consideration of laboratory data and other factors unique to the patient. The Software should be used as a tool to help the User and any related Account Holder reach or understand diagnostic and treatment decisions, bearing in mind that individual and unique circumstances may lead the User, User's healthcare provider, or Account Holder to reach decisions not presented in the Software.
6. Limited Warranty. User, including any related Account Holder, expressly acknowledges and agrees that use of the Software, the Content and the Servers is at User's, including any related Account Holder's, sole risk. Bonesetter Apps does not directly or indirectly practice medicine or dispense medical services and assumes no liability for the Content. The User, including any related Account Holder, assumes full responsibility for the appropriate use of medical information contained in the Software and agrees to hold Bonesetter Apps, and its third party providers, harmless from any and all claims or actions arising from User's, including any related Account Holder, use of the Software or the Content. Bonesetter Apps and their third party providers deliver the Software in an "AS IS" CONDITION WITH NO WARRANTY PROVIDED OR ASSUMED, THIS WARRANTY IS IN LIEU OF ANY AND ALL OTHER WARRANTIES, WRITTEN OR ORAL, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY OR WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, ALL OF WHICH BONESETTER APPS DISCLAIMS. Bonesetter Apps does not warrant that the Software, the Content, or the performance of the Servers will meet User's, including any related Account Holder's, requirements, or that the operation of the Software or the Servers will be uninterrupted or error-free, or that defects in the Software or in the performance of the Servers will be corrected. Furthermore, Bonesetter Apps does not warrant or make any representation regarding the use or the results of the use of the Software (including the related documentation), the Content, or the Servers in terms of their correctness, accuracy, reliability, or otherwise. The Software may be provided with third party plug-ins or other third party software, or this Software may be provided as a plug-in for, or otherwise in association with, third party software. Use of any such third party software will be governed by the applicable license agreement, if any, with such third party. Bonesetter Apps IS NOT RESPONSIBLE FOR ANY THIRD PARTY SOFTWARE OR HARDWARE AND WILL HAVE NO LIABILITY OF ANY KIND FOR YOUR USE OF SUCH THIRD PARTY SOFTWARE OR HARDWARE AND MAKES NO WARRANTY OF ANY KIND WITH RESPECT TO SUCH THIRD PARTY SOFTWARE OR HARDWARE. Some jurisdictions do not allow the exclusion or limitation of implied warranties, so the above exclusions might not apply to User, including any related Account Holder, and User and Account Holder, may have other legal rights related to this EULA Agreement that may vary from jurisdiction to jurisdiction.
No salesperson or other representative of any party involved in the distribution of the Software is authorized to make any warranties with respect to the Software, the Content, or the Servers beyond those contained in this EULA Agreement. Oral statements do not constitute warranties, shall not be relied upon by the User, and are not a part of this EULA Agreement.
7. Limitation of Liability. UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, WILL BONESETTER APPS, OR ANY OTHER PARTY INVOLVED IN THE CREATION, PRODUCTION, PROMOTION, OR MARKETING OF THE SOFTWARE, THE CONTENT, OR THE SERVERS, BE LIABLE TO ANY OTHER PARTY FOR ANY INCIDENTAL, SPECIAL, INDIRECT, RELIANCE, PUNITIVE OR CONSEQUENTIAL DAMAGES, INCLUDING LOST DATA, BUSINESS INTERRUPTION, LOSS OF USE, LOST REVENUE, OR LOST PROFITS, ARISING OUT OF OR RELATING TO THIS LICENSE OR THE SOFTWARE, THE CONTENT, OR THE SERVERS, EVEN IF BONESETTER APPS OR SUCH OTHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. In no event will the total liability of Bonesetter Apps or such other party for all damages exceed the license fees paid by the User or any related Account Holder for the Software for the current term of this EULA Agreement. Some jurisdictions do not allow the exclusion or limitation of consequential or indirect damages, so the above limitation may not apply to you.
8. Beta Release Versions. In the event that the Software is identified as a beta release version ("Beta Version"), the terms of this paragraph will apply in addition to or in lieu of the other terms of this EULA Agreement. Your license, including the license of any related Account Holder, to use the Beta Version expires at the end of the period indicated by the Software, or if no such period is indicated, 120 days after installation. The Beta Version may cease to function. The Beta Version may contain more, fewer, or different features than are contained in the commercial release corresponding to the Beta Version that Bonesetter Apps intends to or does distribute. Bonesetter Apps reserves the right at any time to withhold the release of a commercial version corresponding to the Beta Version, or if Bonesetter Apps does release such a commercial version, to alter features, specifications, capabilities, functions, licensing terms, release dates, general availability, or other characteristics of such commercial version. User, including any related Account Holder, acknowledges and understands that the Beta Version is not suitable for production use and may contain errors affecting its proper operation.
9. Protection and Security. The User, including any related Account Holder, shall take all reasonable steps to ensure that no unauthorized person shall have access to the Software. The User, including any related Account Holder, shall not divulge, sublicense, assign, or transfer to any third party the user name and password established during registration or provided to the User. The User, including any related Account Holder, understands that provision of the user name and password may be required prior to each use of the Software. The Software and Content are the valuable property of Bonesetter Apps, the unauthorized use or disclosure of which would irreparably harm Bonesetter Apps. Upon learning of any unauthorized possession or use of or access to the Software, you or an agent of a related Account Holder, will notify Bonesetter Apps, will promptly furnish details of such occurrence, will assist in preventing any recurrence thereof, and will cooperate fully in any litigation or other proceedings undertaken to protect Bonesetter Apps' rights.
10. Fees and Payments. If accessing the Software through a personal subscription, User agrees to pay all fees, and all charges incurred for the Software in connection with User's username and password at the rates in effect when incurred. Fees and charges will be billed to the credit card the User designates during the registration process. If User wishes to change the credit card to which Bonesetter Apps bills for the Software, User may call Bonesetter Apps at the number listed for Customer Service at the Bonesetter Apps web site. Credit card information is retained in Bonesetter Apps's database in encrypted format. It is transmitted (in encrypted format) to a credit card clearinghouse for submission to the member's bank for payment. Bonesetter Apps SHALL NOT BE LIABLE FOR ANY AMOUNTS BILLED TO USER'S CREDIT CARD BY A THIRD PARTY.
11. General. If for any reason any provision of this EULA Agreement is determined to be invalid or unenforceable under any statute or rule of law by a court of competent jurisdiction, such provision shall be interpreted in order to give effect to such provision to the maximum extent permitted by law, and the remaining provisions shall continue in full force and effect. This EULA Agreement shall be deemed to be made in the State of Michigan and shall in all respects be interpreted, construed, and governed by and in accordance with the laws of the State of Michigan applicable to contracts executed and to be wholly performed therein, and without regard to its conflicts of laws principles. User irrevocably submits to the jurisdiction of the state and federal courts sitting in Oakland or Wayne County, Michigan, and any action or proceeding arising out of this EULA Agreement will be heard and determined in such court. This EULA Agreement will not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded. Each of the Software, the Content, and the Servers is a "commercial item" as that term is defined at 48 C.F.R. 2.101, consisting of "commercial computer software" and "commercial computer software documentation" as such terms are used in 48 C.F.R. 12.212. Consistent with 48 C.F.R. 12.212 and 48 C.F.R. 227.7202-1 through 227.7202-4, all U.S. Government end users acquire the Application, the Application Documentation and the Application Content with only those rights set forth therein. This EULA Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior agreements, oral or written, and all other communications relating to the subject matter hereof. No amendment or modification of any provision of this EULA Agreement will be effective unless set forth in a document that purports to amend this EULA Agreement and both parties accept that hereto. Bonesetter Apps may change these terms and conditions in this EULA Agreement from time to time by posting revised terms and conditions on https://detroitbonesetter.com/, and all such changes will be effective when You next use the site or after 30 days, whichever is sooner. This EULA Agreement is personal to User and it is assigned to any related Account Holder. The rights and obligations contained herein may not be assigned to any other party