End User
License Agreement
This
User Agreement (“Agreement”) is a binding agreement between you (“End User” or
“you”) and Health Endeavors (“Company”). The Company will provide you with
access through the Internet to certain services (such services, including all
related documentation, the “Application”). This Agreement and our Privacy
Statement governs your use of the Application.
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Grant of
Limited License to Use. Subject to the terms of this Agreement, Company grants
you a limited, non-exclusive, and nontransferable license to use the
Application. Company reserves the right to revoke your limited license to use
the Application at any time for any reason or for no reason.
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License Restrictions.
You shall not: (a) copy or attempt to copy the Application; (b) modify,
translate, adapt, or otherwise create derivative works or improvements, whether
or not patentable, of the Application; (c) reverse engineer, disassemble,
decompile, decode, or otherwise attempt to derive or gain access to the source
code of the Application or any part thereof; (d) remove, delete, alter, or
obscure any trademarks or any copyright, trademark, patent, or other
intellectual property or proprietary rights notices from the Application,
including any copy thereof; (e) rent, lease, lend, sell, sublicense, assign,
distribute, publish, transfer, or otherwise make available the Application, or
any features or functionality of the Application, to any third party for any
reason, including by making the Application available on a network where it is
capable of being accessed by more than one device at any time; or (f) export
the Application in violation of applicable law, including into any country
prohibited by the United States Export Administrative Act and any associated
regulations.
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Reservation
of Rights. You do not acquire any ownership interest in the Application under
this Agreement, or any other rights thereto other than to use the Application
in accordance with the limited license granted, and subject to all terms,
conditions, and restrictions, under this Agreement. YOU ACKNOWLEDGE
THAT THE APPLICATION IS AND SHALL REMAIN THE SOLE PROPERTY OF COMPANY.
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Disclaimer
of Warranties. THE APPLICATION IS PROVIDED TO YOU BY THE COMPANY FOR YOUR
USE IN ACCORDANCE WITH THIS AGREEMENT “AS IS” AND WITH ALL FAULTS AND DEFECTS
AND WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED UNDER
APPLICABLE LAW, COMPANY, ON ITS OWN BEHALF AND ON BEHALF OF ITS AFFILIATES AND
ITS AND THEIR RESPECTIVE LICENSORS AND SERVICE PROVIDERS, EXPRESSLY DISCLAIMS
ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, WITH RESPECT
TO THE APPLICATION, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND WARRANTIES
THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE, OR TRADE
PRACTICE. WITHOUT LIMITATION TO THE FOREGOING, COMPANY PROVIDES NO WARRANTY OR
UNDERTAKING, AND MAKES NO REPRESENTATION OF ANY KIND THAT THE APPLICATION WILL
MEET YOUR REQUIREMENTS, ACHIEVE ANY INTENDED RESULTS, BE COMPATIBLE, OR WORK
WITH ANY OTHER SOFTWARE, APPLICATIONS, SYSTEMS, OR SERVICES, OPERATE WITHOUT
INTERRUPTION, MEET ANY PERFORMANCE OR RELIABILITY STANDARDS OR BE ERROR-FREE,
OR THAT ANY ERRORS OR DEFECTS CAN OR WILL BE CORRECTED.
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Limitation
of Liability. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO
EVENT WILL COMPANY OR ITS AFFILIATES, OR ANY OF ITS OR THEIR RESPECTIVE
LICENSORS OR SERVICE PROVIDERS, HAVE ANY LIABILITY ARISING FROM OR RELATED TO
YOUR USE OF OR INABILITY TO USE THE APPLICATION. THE FOREGOING LIMITATIONS WILL
APPLY WHETHER SUCH DAMAGES ARISE OUT OF BREACH OF CONTRACT, TORT (INCLUDING
NEGLIGENCE), OR OTHERWISE AND REGARDLESS OF WHETHER SUCH DAMAGES WERE
FORESEEABLE OR COMPANY WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES
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Severability. If
any provision of this Agreement is illegal or unenforceable under applicable
law, the remainder of the provision will be amended to achieve as closely as
possible the effect of the original term and all other provisions of this
Agreement will continue in full force and effect.