END USER LICENCE AGREEMENT FOR BOEHRINGER INGELHEIM PTY LTD
Please read the following End User Licence Agreement ("Agreement") carefully because it will apply to your access to and use of
this Application. This Agreement constitutes a legally binding agreement between "you", the user of the Application, and
Boehringer Ingelheim Pty Ltd ABN 52 000 452 308 ("BI"). By clicking the 'I Agree' button, you acknowledge and agree to be
bound by all the terms and conditions of this Agreement. If you do not accept the terms of this Agreement, you must not use the
Application. Please exit this setup if you choose not to accept all of the terms of this Agreement.
TERMS AND CONDITIONS
1. DESCRIPTION OF THE APPLICATION. This Agreement governs your use of this application, including, without limitation, the
use of all content such as text, information, images, and, where applicable, audio, and the suite of services, integrated tools,
programs, software, databases, helpers and other related items (collectively referred to as the "Application").
2. LICENSE. Subject to the terms of this Agreement, BI grants to you a limited, non exclusive, non transferable license to access
and use the Application in accordance with the terms of this Agreement. All other uses are expressly prohibited without BI's
express written consent.
3. ACCESS. In order to use the Application, you may need access to the world wide web, either directly or through devices that
access web-based content. Such access may not be available if you do not have an internet connection or for other reasons. You
acknowledge and agree that by using the internet to use the Application, you may incur charges from your wireless carrier,
internet service provider or other method of Internet access, depending upon your contract or plan with your provider. You
acknowledge that payment of any such charges or any service fees associated with such access will be your sole responsibility. In
addition, you must provide all equipment necessary to make such a connection to the world wide web. You agree that your use
of the Application will be in accordance with all requirements of your wireless carrier, internet service provider or other method of
4. DISCLAIMER. The information contained in this Application, including, but not limited to clinical references, images, tools and
other related items, are intended to be used for general informational purposes only and is not intended to be general or specific
medical advice. While care has been taken to confirm the accuracy of the information presented and to describe generally
accepted practices, BI, and its respective licensors, authors, editors, reviewers, contributors and publishers do not endorse, and
are not responsible for errors or omissions, for any consequences resulting from or relating to, use of the Application, or the
content, practices or standards of non-BI sources. Health-related information changes frequently, therefore, information
contained in the Application may be outdated, incomplete or incorrect. Applying this information in a particular situation remains
your responsibility and we encourage you to seek professional medical advice in respect of your particular situation.
5. MEDICAL INFORMATION/CONDITIONS. The assessment tools contained in this Application ("Assessment Tools") are
intended only to be an informational tool for clinicians who have been allowed access to the Application by BI. The Assessment
Tools are not intended to provide general or specific medical advice. The Assessment Tools do not take into account other
considerations including, but not limited to, drug interactions, contraindications and patient history, and other risk factors.
Therefore, the Application and Assessment Tools should be used as a general guide only and any specific advice provided by
clinicians should be based on a professional review and consideration of each patient.
The Application is not to be used as a substitute for professional medical judgment, advice, diagnosis or treatment of any health
condition or problem. Users of the Application should not rely on information contained in the Application for diagnosing, treating,
curing, preventing, managing or otherwise addressing health problems. BI does not, and does not intend to, offer through the
Application general or personalized medical diagnosis or general or patient-specific treatment advice. In using the Application,
you agree that neither BI nor any of its respective licensors, authors, editors, reviewers, contributors and publishers, will be, liable
or otherwise responsible for any decision made or any action taken, or any action not taken, due to your use of this Application.
6. CONSENT TO USE OF DATA AND PERSONAL INFORMATION. By using the Application you consent to the collection, use
that BI and BI's personnel (including its officers, employees and agents) may collect and use technical data and related
information, including but not limited to technical information about your device, system and application software, and peripherals.
BI and BI's personnel (including its officers, employees and agents) may collect personal information from you in the course of
your use of the Application including if you input any personal information into the Application and if you provide feedback within
the Application. Some provision of personal information is optional. However if you do not provide us with certain types of
personal information, you may be unable to enjoy the full functionality of the Application. BI's personnel (including its officers,
employees and agents) may use the technical data and related information that is collected, and any personal information that you
provide, to facilitate the provision of the Application and software updates, to improve and/or to provide to you its products,
processes, support, services or technologies (together, the "primary purpose of collection") and for other purposes ("secondary
purposes") related to the primary purpose of collection. We may disclose your personal information to third party contractors who
we engage to assist us with undertaking the primary purpose of collection or any secondary purpose and when we do, we will
or similar privacy obligations. We may use hosting servers that are located outside of Australia (such as in the USA and Germany),
in which case we may disclose your personal information to those overseas hosting providers for that purpose only. We may also
disclose your personal information to our related companies which are located in New Zealand, Germany and the USA. You have
the right to access, update and correct your personal information and/or decline to receive further communications from us at any
firstname.lastname@example.org. or on (02) 8875 8800
7. SURVIVAL. The provisions of Sections 4 through 16 (and its subparts) will survive any termination of this Agreement.
8. SUPPORT. BI does not have any obligation to provide you with any maintenance or support relating to the Application.
9. LINKS. The Application may display, include or make available content, data, software, content, information, applications or
materials from third parties ("Third Party Materials") or provide links to certain third party world wide web sites or resources
("Linked Sites"). By using the Application, you acknowledge and agree that BI is not responsible for examining or evaluating the
content, accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect of such
Third Party Materials or Linked Sites. BI does not warrant or endorse and does not assume and will not have any liability or
responsibility to you or any other person for any third-party services, Third Party Materials or Linked Sites, or for any other
materials, products, or services of third parties. Third Party Materials and Linked Sites are provided solely as a convenience to
Materials and the Linked Sites.
To the full extent permitted by law BI, and BI's personnel (including its officers, employees and agents), do not make any warranty,
express or implied, in any location:
i. regarding the Application;
ii. that the Application will meet your requirements;
iii. as to the results that may be obtained from use of the Application;
iv. that any defects in the Application will be corrected;
v. with respect to the currency, completeness, usefulness, accuracy, appropriateness, availability, security or reliability of the
contents of the Application; vi. in relation to the non-infringement of third party rights.
You acknowledge and agree that:
i. the Application is provided on an "as is" and "as available" basis;
ii. any material or data obtained through use of the Application is at your own discretion and risk;
iii. that you will be solely responsible for any damage to your computer system or loss of data that results from the download of
any such content or material;
iv. you are responsible for compliance with any applicable laws, including but not limited to applicable local laws;
v. BI, and its licensors, reserve the right to change, suspend, remove or disable access to, or impose limits on the use of
certain services without notice or liability.
You indemnify, defend and hold BI, its respective officers, employees and agents harmless against any and all claims, action, loss,
liabilities, costs, expense or damage of any kind whatsoever (including legal costs and disbursements on a full indemnity basis)
arising directly or indirectly out of or in any way connected to your use of the Application, any breach of this Agreement, any wilful,
unlawful or negligent act or omission by you, any violation of any rights of another, or any use of the Application to input, store or
transfer personal data.
Nothing in this Agreement is intended to exclude or limit any condition, warranty, right or liability which may not be lawfully
excluded or limited.
11. TERMINATION. The license, and any rights you may have under the license, will automatically terminate without notice to you
if you do not comply with the terms of this Agreement, or if BI otherwise terminates this Agreement which may be done for any
reason at any time. Upon termination you must cease to use, and must permanently remove or uninstall, all copies of the
Application in its entirety from all electronic devices to which you have access.
12. PROPRIETARY RIGHTS. You acknowledge that (a) the Application contains proprietary and confidential information that is
protected by applicable intellectual property and other laws, including but not limited to copyright, and (b) BI and/or third parties
own all right, title and interest in and to the Application and software provided through or in conjunction with the Application,
including without limitation all Intellectual Property Rights contained in the Application and such software . "Intellectual Property
Rights" means any and all rights existing from time to time under patent law, copyright law, trade secret law, trademark law, unfair
competition law, and any and all other proprietary rights, and any and all applications, renewals, extensions and restorations of the
Application, now or in the future in force and effect worldwide. You agree that you will not, and will not allow any third party to, (i)
take any action to circumvent or defeat the security or content usage rules provided, deployed or enforced by any functionality
(including without limitation digital rights management functionality) contained in the Application, (ii) use the Application to access,
copy, transfer, transcode or retransmit content in violation of any law or third party rights, or (iii) remove, obscure, or alter BI's or
any third party's copyright notices, trademarks, or other proprietary rights notices affixed to or contained within or accessed in
conjunction with or through the Application.
13. PROHIBITED USES OF APPLICATION. You must not, and must not allow any third party to, resell the Application, use or
access the Application, copy, license, sublicense, lease, assign, loan, export, distribute, transfer, modify, adapt, translate, prepare
derivative works from, reverse engineer, decompile, disassemble or otherwise attempt to discern the source code of the
components of the Application, including any materials (printed or otherwise) relating to the Application, unless otherwise
permitted in writing. In using the Application you must not knowingly transmit any virus, corrupt files or any other software or
function that may damage the operation of the Application or other disabling feature to the Application.
14. ASSIGNMENT. You must not assign or transfer your rights under this Agreement without the prior written consent of BI. BI
may assign all rights and liabilities under this Agreement to a subsidiary, affiliate or successor to all or a substantial part of its
business and assets without your consent. Subject to the foregoing, this Agreement will inure to the benefit of and be binding
upon the successors and permitted assigns of the parties.
15. ARBITRATION. Any controversy, claim or dispute arising out of or relating to the performance, construction, interpretation or
enforcement of this Agreement, including disputes as to the scope of this clause, must be resolved through good faith
negotiations between the parties. If such efforts prove unsuccessful, all such controversies, claims or disputes must be referred
for determination by a third party expert as may be appointed by a director from time to time of the Australian Commercial
Disputes Centre. Each party must pay for its own legal fees that are incurred in connection with the determination and must share
equally in the costs of the determination.
16.1 This Agreement is governed by and shall be construed in accordance with the laws of New South Wales and each party
submits to the non-exclusive jurisdiction of the courts of New South Wales.
16.2 If a provision of this Agreement is invalid or unenforceable it is to be read down or severed to the extent necessary without
affecting the validity or enforceability of the remaining provisions.
16.3 If BI does not act in relation to a breach by you of this Agreement, this does not waive BI's right to act with respect to that or
subsequent or similar breaches.
16.4 Section headings in this Agreement are used solely for the convenience of the parties and have no legal or contractual
16.5 This Agreement constitutes the parties' final, exclusive and complete understanding and agreement with respect to the
subject matter contained in this Agreement and supersedes all prior and contemporaneous understandings and agreements, oral
or written, between the parties.
16.6 Each party must at its own expense do everything reasonably necessary to give full effect to this Agreement and the events
contemplated by it.