This Non-Exclusive Licensing Agreement (‘Agreement’) is entered into as of the date of acceptance by the user (‘Licensee’), and governs the terms of use for the medical education app (‘App’), owned and operated by MedSync (‘Licensor’).
1. Grant of License
Licensor grants Licensee a non-exclusive, non-transferable, revocable license to access and use the App for educational purposes, subject to the terms and conditions of this Agreement.
2. License Restrictions
Licensee agrees to the following restrictions: – No Redistribution: Licensee may not distribute, sublicense, rent, lease, or otherwise transfer the App or its content to any third party without prior written consent from the Licensor. – Non-Commercial Use: The App is provided for personal or professional educational purposes only. Commercial use of the App or its content is strictly prohibited unless expressly authorized by the Licensor. – No Modification: Licensee may not modify, adapt, translate, or create derivative works from the App without the prior written consent of the Licensor.
3. Intellectual Property
All intellectual property rights in and to the App, including but not limited to content, software, graphics, and trademarks, remain the property of the Licensor. Licensee acknowledges that they have no ownership or proprietary rights in the App.
4. Updates and Changes
Licensor reserves the right to update or change the App at any time, including adding, modifying, or removing features. Licensee’s continued use of the App after any such changes constitutes acceptance of the updated terms.
5. User Data and Privacy
Licensee agrees that any personal data provided during the use of the App will be collected and processed in accordance with Licensor’s Privacy Policy. The Licensee consents to the collection of non-personal data for purposes of improving the app’s functionality and user experience.
6. Disclaimer of Warranties
The App is provided on an ‘as is’ basis, without warranties of any kind, either express or implied. Licensor does not warrant that the App will be error-free, secure, or available at all times. Licensee assumes full responsibility for any use of the App and any reliance on its content.
7. Limitation of Liability
In no event shall Licensor be liable for any indirect, incidental, special, or consequential damages arising from the use or inability to use the App, even if advised of the possibility of such damages. Licensor’s total liability to Licensee shall not exceed the amount paid by Licensee for access to the App.
8. Termination
Licensor reserves the right to terminate this Agreement and Licensee’s access to the App at any time, without notice, for any reason, including violation of this Agreement. Upon termination, Licensee must cease all use of the App and destroy any materials obtained through it.
9. Governing Law
This Agreement shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflict of law principles. Any disputes arising under this Agreement shall be subject to the exclusive jurisdiction of the courts located in California.
10. Entire Agreement
This Agreement constitutes the entire agreement between the parties regarding the subject matter and supersedes any prior agreements or understandings, whether written or oral.
