We aim for a more efficient healthcare system by providing solutions that help improve clinical performance and patient outcomes by offering various software as a service to our customers. This Acceptable Use Policy (this “Policy”) describes prohibited uses of any of the current and future services offered by us (the “Software”).
We are Mentice AB with company registration number 556556-4241 (“Mentice”). All references in this Policy to “we”, “us” or “our” should be considered a reference to Mentice. All references in this Policy to “you” or “your” should be considered a reference to you as a user of the Software. The examples described in this Policy are not exhaustive. We may modify this Policy at any time by posting a revised version on our website. By using the Software, you agree to the latest version of this Policy.
In order to offer you the Software we will need to process some of your personal data, e.g.in order to verify you as a user. For information on our processing of personal data, please read our privacy notice Data Protection Policy.
License
Subject to the conditions herein, Mentice hereby grants you a non-transferable, non-assignable, non-sublicensable, non-exclusive, revocable limited license to access and use the Software.
Activities that you are prohibited from engaging in when using the Software
You are prohibited from using, or in any way facilitating or supporting others to use the Software:
· for any commercial purpose or in anyway which is not for internal use, unless priory approved by Mentice in writing. You are of course free to contact Mentice, would you like to use the Software for commercial reasons.
· for any unlawful, fraudulent, infringing or offensive use.
· for any activities that are illegal, that violate the rights of others, or that may be harmful to others, our operations or reputation, including engaging in a behavior that appears threatening, stalking, defaming, defrauding, degrading, victimizing or intimidating for anyone for any reason.
· to store, distribute or otherwise making available (i) User Content (as defined below) that infringes or misappropriates the intellectual property or proprietary rights of others or(ii) User Content that is defamatory, obscene, abusive, invasive of privacy or otherwise objectionable. Remember that this also applies to any feedback that you give us as part of your use of the Software.
· to violate, or attempt to violate,the security or integrity of theSoftware or any other network, electronic service, computer,application or other technical equipment and software. For example, bytransmitting damageable code or viruses as well as using any automated processor service to access or use the Software such as a BOT, a spider or periodiccaching of information stored by us.
· for purposes of distributing any form of “spam”, including but not limited to, unsolicited mass email, instant messages or any other form of electronic messaging on a bulk basis to recipients with which you have no pre-existing relationship.
· to gain access to the Software in any fraudulent or unauthorized way, including bypassing or circumventing protocols and access controls as well as accessing or authorizing anyone to access the Software from an embargoed country.
· for attempting to reverse engineer,decompile or otherwise derive or attempt to discover the source code, tradesecrets, or know-how ofthe Software as well as any portion thereof.
· to remove, modify, or tamper with any regulatory or legal notice or link that is incorporated into the Software. Including providing or creating links to external sites that violate this Policy or other legal agreements we provide.
· to scrape, replicate, copy or compete with Software offered by us.
· to copy, frame, mirror or utilize any framing techniques to alter, remove, or enclose any part or content of the Software, including any trademarks or service marks contained therein.
· to submit any sensitive personal data that could positively identify another person to the Software (including but not limited to personal data concerning biometric data, anatomical data, geometrical data, genetic data and any other data concerning health).
Additionally
· All material within the Software, including any suggestions, enhancement requests, recommendations or other feedback provided by you relating to the operation of the Software, is owned by Mentice and is protected by intellectual property laws. You further acknowledge and agree that Mentice and its licensors are the sole owners of all copyright, patent, trademark, trade secret and other proprietary or intellectual property rights in and to the Software and all other services. Mentice and its licensors reserve all rights in and to the Software.
· You acknowledge and agree that Mentice may collect anonymous usage data information about the use of the Software. This anonymous usage data information shall become the sole property of Mentice, which may use this information for its own purposes (including, but not limited to, to perform and improve the Software). Mentice may de-identify such data in accordance with the standards set forth in 45 C.F.R. 164.514(b) aswell as use, aggregate and disclose such de-identified data to the extent permitted by applicable law.
· Nothing in this Policy is intended to grant or transfer any rights in or to the Software (other than the usage rights explicitly set out herein). Failure to enforce this Policy in every instance does not amount to a waiver of our rights.
· You will be issued a username and password that will allow you to access the Software. You must ensure that no unauthorised person is able to use your login details. If you suspect that any unauthorised person has obtained access to your password, you must notify us immediately.
· You acknowledge and agree that the Software is (i) specifically an educational and training product and tool (ii)not certified as a medical device; (iii) not intended for any clinical or diagnostic use and (iv) intended to be used solely for non-commercial, medical training and performance improvement purposes.
· You further acknowledge and agree that at all times, will use the Software (v) solely in connection with such educational training and performance improvement purposes; (vi) in compliance with all applicable laws and regulations; and (vii) in accordance with this Policy and any user documentation, instruction manuals, guides and/or requirements provided by Mentice.
· You agree that at no time shall the Software be used to (viii) diagnose, treat or cure a human being’s condition or in a life-saving situation; or (ix) support profession medical decisions, diagnosis or treatments, or replace any diagnosis, recommendation, advice, treatment or decision by an appropriately trained and licensed physician. USE OF THE SOFTWARE WITH REAL SUBJECTS COULD CAUSE SERIOUS INJURY OR DEATH.
· You are responsible for protecting your computer and other hardware devices against interference, spyware or viruses, when using the Software.
· You shall at all times comply with the provisions of the Policy, any documentation, instruction manuals, guides and requirements provided by Mentice.
Availability
The Software is provided on an “as is” and “as available” basis. We cannot, under any circumstances, be held liable for any downtime, loss of data, accessibility difficulties or similar situations.
Our monitoring and enforcement
If requested, you must provide us with proof of compliance with this Policy. We reserve the right to, in our sole discretion and judgment, take any action we deem necessary if you violate the letter or spirit of this Policy. If you violate this Policy or authorize or help others to do so, we may immediately terminate or suspend your access to the Software and we may or may not provide notice before taking action. We may also remove, disable access to, or modify any content or resource that violates this Policy or any other agreement governing the use of the Software.
We may cooperate with legal authorities or other appropriate third parties in connection with any investigation of illegal conduct violating this Policy.
User Content
· For some services offered by Mentice, you are able to store, distribute, submit or otherwise make available content (e.g. your own recordings, videos, articles etc.) to or through the Software (“User Content”).
· You are responsible for the User Content being safe, secure and in compliance with this Acceptable Use Policy and applicable law.
· The User Content may not include any virus, malware program or other harmful content that may harm, damage or interfere with the Software.
· Mentice is not liable for any reason for any damages or loss of any kind in connection with the User Content, including, but not limited to, loss of business or loss of data.
· To the extent permitted by law, you have the sole responsibility and are fully liable for the User Content. This includes, but is not limited to, any third-party claims arising as a result of personal injury in connection with such third party’s use of the User Content.
· You acknowledge and confirm that you own, or have the necessary rights to, any and all User Content. Such rights must include the right to publish, distribute, reproduce, modify, or make other such use of the User Content through or in relation to the Software.
· If a third party makes a claim, files a suit or initiates legal proceedings towards Mentice based on allegations that Mentice’s use of the User Content infringes such third party’s intellectual property rights, you shall, to the extent permitted by law, defend, indemnify and hold Mentice harmless for all of its losses, costs, damages, and expenses in relation to such claim, suit or legal proceeding.
· You shall immediately inform Mentice if the User Content could be deemed as non-compliant with this Acceptable Use Policy.
· By storing, distributing, submitting or otherwise making available the User Content to or through the Software, you grant Mentice a worldwide, non-exclusive, royalty-free, transferrable, sub-licensable license to copy, modify, adapt, transmit, display, perform, distribute, publish and otherwise use the User Content for Mentice’s own purposes.
· Mentice reserves the right to remove any User Content from the Software without cause or justification.
Disclaimer
MENTICE MAKES NO REPRESENTATIONS OR WARRANTIESAND SHALL NOT BE RESPONSIBLE FOR THE COMPETENCY OF ANY PERSON WHO MAY RECEIVEEDUCATIONAL INFORMATION AND/OR MEDICAL TRAINING BASED ON THE SOFTWARE OR FORTHE EXERCISE OF HIS OR HER SKILLS BY SUCH PERSON AFTER COMPLETION OF ANYTRAINING, COURSES OR CURRICULUM USING THE SOFTWARE. MENTICE DOES NOT GUARANTEETHAT ANY PERSON RECEIVING EDUCATIONAL INFORMATION AND/OR TRAINING FROM THE SOFTWAREDELIVERED PURSUANT TO THIS POLICY WILL ACHIEVE THE NECESSARY PROFICIENCY TOQUALIFY FOR ANY LICENSE, CERTIFICATES OR RATINGS ISSUED BY ANY REGULATORYAGENCY OR GOVERNMENT AUTHORITY.
MENTICE MAKES NO REPRESENTATION OR WARRANTIESTHAT THE SOFTWARE OR THE MEDICAL INFORMATION OR TRAINING PROVIDED IN THESOFTWARE: (A) WILL BE CONSTANTLY AVAILABLE, OR AVAILABLE AT ALL; OR (B) ISERROR-FREE, COMPLETE, TRUE, ACCURATE, UP TO DATE AND/OR NON-MISLEADING. USERSOF THE SOFTWARE USE THE SOFTWARE WITH FULL KNOWLEDGE AND AWARENESS THAT THEYWAIVE ANY CLAIM THEY MAY HAVE AGAINST MENTICE FOR RELIANCE ON ANY INFORMATIONPRESENTED THROUGH THE SOFTWARE.
No liability for damages
You understand and agree that Mentice shall have no responsibility of any kind to you for any (i) diagnosis, treatment, or medical procedures or prescriptions for or with respect to any patient or other provision of health care services, or (ii) other information or services provided by or through the Software.
IN NO EVENT WILL MENTICE BE LIABLE FOR ANYPERSONAL INJURY, DELAY IN DELIVERY, LOSSOF ANY KIND INCLUDING LOSS OF USE, LOSS OF PROFIT, LOSS OF DATA, INTERRUPTIONOF BUSINESS, OR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY ORCONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING LOST PROFITS), REGARDLESS OF THEFORM OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICTPRODUCT LIABILITY, OR OTHERWISE, EVEN IF MENTICE HAS BEEN ADVISED OF OR SHOULDHAVE BEEN AWARE OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL MENTICE BELIABLE TO YOU FOR ANY CLAIM, WHETHER IN CONTRACT, TORT OR ANY OTHER THEORY OFLIABILITY, THAT IN THE AGGREGATE EXCEEDS THE PURCHASE PRICE OF THE SOFTWARE FORTHE PRECEDING 12 MONTHS PRIOR TO THE EVENT CAUSING THE DAMAGES.
IT IS FURTHER UNDERSTOOD THAT MENTICE SHALLALSO HAVE NO LIABILITY WHATSOEVER CONCERNING DAMAGES ARISING OUT OF OR RELATINGTO UNAUTHORISED ACCESS, USE AND/OR ALTERATION OR DESTRUCTION, BY ANY THIRDPARTY, INCLUDING ANY USERS, OF THE SOFTWARE OR ANY DATA CONTAINED THEREON ORCREATED BY THE SOFTWARE OR YOUR COMPUTER SYSTEM.
Survival of obligations
On termination of this Policy, regardless of the reason for such termination, provisions contained in this Policy that are expressed or by their sense and context are intended to survive the expiration or termination of this Policy, shall so survive the expiration or termination and continue in full force and effect.
Governing law and Jurisdiction
This Policy and any non-contractual obligations arising out of or in connection with it shall be governed by and construed in accordance with the laws of Sweden, excluding its conflict of laws principles providing for the application of the laws of any other jurisdiction. Any dispute, controversy or claim arising out of, or in connection with, this Agreement, or the breach, termination or invalidity thereof, or any non-contractual obligations arising out of or in connection with this Agreement, shall be finally settled by arbitration in accordance with the Arbitration Rules for Expedited Arbitrations of the Arbitration Institute of the Stockholm Chamber of Commerce. The seat of arbitration shall be Gothenburg, Sweden. The language of the arbitration shall be English. All arbitral proceedings conducted pursuant to this clause, all information disclosed and all documents submitted or issued by or on behalf of any of the disputing parties or the arbitrators in any such proceedings as well as all decisions and awards made or declared in the course of any such proceedings shall be kept strictly confidential and may not be used for any other purpose than these proceedings or the enforcement of any such decision or award nor be disclosed to any third party without the prior written consent of the party to which the information relates or, as regards to a decision or award, the prior written consent of all the other disputing parties.
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Contacting Us
If you haveany questions or want to report any violations of this Policy, please contact us at info@mentice.com
