DRS. BERDAHL AND HARDTEN INTRAOCULAR LENS WEB-BASED CALCULATOR LICENSE AGREEMENT
PLEASE READ THIS DRS. BERDAHL AND HARDTEN INTRAOCULAR LENS WEB-BASED CALCULATOR LICENSE AGREEMENT (THIS "AGREEMENT") BY SCROLLING DOWN. THIS AGREEMENT IS A LEGAL AGREEMENT BETWEEN YOU ("LICENSEE") AND DRS. BERDAHL AND HARDTEN. BY CHOOSING "I ACCEPT" ON THIS SCREEN, LICENSEE IS AGREEING TO THE TERMS OF THIS AGREEMENT. IF LICENSEE CANNOT ACCEPT THE TERMS OF THIS AGREEMENT, USE THIS OPPORTUNITY TO DECLINE. LICENSEE'S ACCESS TO AND USE OF THE INTRAOCULAR LENS WEB-BASED CALCULATOR PROVIDED BY DRS. BERDAHL AND HARDTEN TO LICENSEE (THE "CALCULATOR") IS COVERED BY THE TERMS OF THIS AGREEMENT.
Drs. Berdahl and Hardten grant Licensee the right to access and use the Calculator for the limited purpose of performing calculations to help determine the recommended Intraocular lens and/or its suggested axis placement. Licensee agrees to use reasonable efforts to protect the Calculator from unauthorized use, modification, reproduction, distribution and publication. In utilizing the Calculator, Licensee may be inputting patient data subject to the Health Insurance Portability and Accountability Act of 1996 ("HIPAA"). This data will not be received or retained by Drs. Berdahl and Hardten for any period of time.
The Calculator is owned by Drs. Berdahl and Hardten and/or its affiliates and is protected by United States copyright laws and international treaty provisions. Drs. Berdahl and Hardten and/or its affiliates owns and retains all right, title and interest in and to the Calculator, including patents, trademarks, copyrights, trade secrets and other intellectual property rights embodied or contained therein. Therefore, Licensee may not use, copy or distribute the Calculator without Drs. Berdahl and Hardten's prior written authorization.
Licensee may not rent, lease, license, or loan the Calculator. Licensee may not reverse engineer, decompile, or disassemble the Calculator, except to the extent the foregoing restriction is expressly prohibited by applicable law. Licensee may not make error corrections to, or otherwise adapt or modify, or create derivative works based upon the Calculator.
- NO WARRANTIES
THE CALCULATOR IS PROVIDED "AS-IS" WITHOUT ANY WARRANTY WHATSOEVER. THE DIAGNOSTIC INFORMATION PROVIDED BY THE CALCULATOR IS PROVIDED FOR LICENSEE'S CONVENIENCE, BUT SHOULD NOT BE USED FOR FINAL DIAGNOSIS OR AS A SUBSTITUTE FOR LICENSEE'S MEDICAL EXPERTISE. WHILE EFFORTS HAVE BEEN MADE TO MAKE THE INFORMATION PROVIDED BY THE CALCULATOR HELPFUL AND ACCURATE, DRS. BERDAHL AND HARDTEN DO NOT WARRANT THE ACCURACY OF THE INFORMATION OBTAINED FROM THE CALCULATOR. LICENSEE ASSUMES ALL RISKS AND RESPONSIBILITIES FOR SELECTION OF THE CALCULATOR TO ACHIEVE LICENSEE'S INTENDED RESULTS AND FOR THE USE OF AND RESULTS OBTAINED FROM THE CALCULATOR. DRS. BERDAHL AND HARDTEN MAKE NO WARRANTY THAT THE CALCULATOR WILL BE ERROR FREE OR FREE FROM INTERRUPTION OR FAILURE.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, DRS. BERDAHL AND HARDTEN DISCLAIMS AND EXCLUDES ALL REPRESENTATIONS, WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT WITH RESPECT TO THE CALCULATOR. SOME STATES AND JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, SO THE ABOVE LIMITATION MAY NOT APPLY TO LICENSEE.
LICENSEE HEREBY ACKNOWLEDGES THAT THE CALCULATOR MAY NOT BE AVAILABLE OR MAY BECOME UNAVAILABLE DUE TO ANY NUMBER OF FACTORS INCLUDING, WITHOUT LIMITATION, PERIODIC SYSTEM MAINTENANCE, SCHEDULED OR UNSCHEDULED, ACTS OF GOD, TECHNICAL FAILURE OF THE CALCULATOR, TELECOMMUNICATIONS INFRASTRUCTURE, OR DELAY OR DISRUPTION ATTRIBUTABLE TO VIRUSES, DENIAL OF SERVICE ATTACKS, INCREASED OR FLUCTUATING DEMAND, ACTIONS AND OMISSIONS OF THIRD PARTIES, OR ANY OTHER CAUSE REASONABLY BEYOND THE CONTROL OF DRS. BERDAHL AND HARDTEN. THEREFORE, DRS. BERDAHL AND HARDTEN EXPRESSLY DISCLAIM ANY EXPRESS OR IMPLIED WARRANTY REGARDING SYSTEM AND/OR CALCULATOR AVAILABILITY, ACCESSIBILITY, OR PERFORMANCE.
- LIMITED LIABILITY
LICENSEE ASSUMES THE ENTIRE COST OF ANY DAMAGE RESULTING FROM LICENSEE'S USE OF THE CALCULATOR AND THE INFORMATION CONTAINED IN OR COMPILED BY THE CALCULATOR. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL DRS. BERDAHL AND HARDTEN BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, PUNITIVE OR INCIDENTAL DAMAGES) ARISING OUT OF THE USE OR INABILITY TO USE THE CALCULATOR, EVEN IF DRS. BERDAHL AND HARDTEN HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL DRS. BERDAHL AND HARDTEN'S TOTAL LIABILITY TO LICENSEE FOR ALL DAMAGES IN ANY ONE OR MORE CAUSES OF ACTION, WHETHER IN CONTRACT, TORT OR OTHERWISE, EXCEED THE SUM OF $500.00. BECAUSE SOME STATES AND JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO LICENSEE.
If any part of this Agreement is contrary to, prohibited by, or deemed invalid or unenforceable under applicable laws or regulations, such provision shall be inapplicable and deemed omitted to the extent so contrary, prohibited, invalid or unenforceable, but the remainder thereof shall not be invalidated thereby and shall be given effect so far as possible.
This Agreement cannot be modified by the representations of anyone. This Agreement is governed by and interpreted in accordance with the laws of the State of South Dakota, excluding its principles of conflict of laws and the United Nations Convention on Contracts for the Sale of Goods. Once Licensee has read this Agreement, and agreed to its terms and indicated such acceptance by clicking below, Licensee will be bound by the terms of the Agreement. Drs. Berdahl and Hardten may terminate this Agreement at any time if Licensee violates its terms. Any waiver by Drs. Berdahl and Hardten of any term of this Agreement will not be considered a continuing waiver of such right.