Application End User License Agreement - Google

Acknowledgment:  This End User License Agreement (“EULA”) is concluded between MEDITECH and Customer, and not with Google.  MEDITECH, not Google, is solely responsible for the MEDITECH Application and the content thereof. 

License Grant:  This license granted to you for the MEDITECH Application by MEDITECH is limited to a nontransferable license to use the MEDITECH Application on any Google-branded products (including but not limited to Android) as applicable (collectively, “Google Device(s)”) that you own or control and as permitted by the usage rules set forth in the Android Market Terms of Service (the “Terms of Service”). 

Restrictions:  Customer may not rent, lease, lend, sell, redistribute or sublicense the MEDITECH Application.  Customer may not copy (except as expressly permitted by this EULA and the Terms of Service), decompile reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the MEDITECH Application, any updates, or any part thereof (except as and only to the extent any foregoing restriction is prohibited by applicable law or to the extent as may be permitted by the licensing terms governing use of any open sourced components included with the MEDITECH Application.) 

Upgrades:  The terms of this EULA will govern any upgrades provided by MEDITECH that replace and/or supplement the original MEDITECH Application, unless such upgrade is accompanied by a separate license in which case the terms of that license will govern.

Consent to Use of Data:  Customer agrees that MEDITECH may collect and use technical data and related information, including but not limited to technical information about Customer’s device, system and application software, and peripherals, that is gathered periodically to facilitate the provision of software updates, product support and other services to Customer (if any) related to the MEDITECH Application.  MEDITECH may use this information, as long as it is in a form that does not personally identify Customer, to improve its product or to provide services or technologies to Customer.

Termination:  This EULA is effective until terminated by Customer or MEDITECH.  Customer’s rights under this EULA will terminate automatically without notice from MEDITECH if you fail to comply with any term(s) of this EULA.  Upon termination of the EULA, Customer shall cease all use of the MEDITECH Application, and destroy all copies, full or partial, of the MEDITECH Application.

Services; Third Party Materials:  The MEDITECH Application may enable access to MEDITECH’s and third party services and web sites (collectively and individually, “Third Party Services”).  Use of the Third Party Services may require Internet access and that Customer accept additional terms of service. 

Maintenance and Support:  MEDITECH and Customer acknowledge that MEDITECH is solely responsible for providing any maintenance and support services with respect to the MEDITECH Application, as specified herein, or as under applicable law.  MEDITECH and Customer acknowledge that Google has no obligation whatsoever to furnish any maintenance and support services with respect to the MEDITECH Application. 

Product Claims:  MEDITECH and Customer acknowledge that MEDITECH, not Google, are responsible for addressing any claims of Customer or any third party relating to the MEDITECH Application or the Customer’s possession and/or use of the MEDITECH Application, including, but not limited to: (i) product liability claims (ii) any claim that MEDITECH Application fails to conform to any applicable legal or regulatory requirement; and (iii)claims arising under consumer protection or similar legislation. 

NO WARRANTY: CUSTOMER EXPRESSLY ACKNOWLEDGES AND AGREES THAT USE OF THE MEDITECH APPLICATION IS AT CUSTOMER’S SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH CUSTOMER. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE MEDITECH APPLICATION AND ANY SERVICES PERFORMED OR PROVIDED BY THE MEDITECH APPLICATION ARE PROVIDED "AS IS" AND “AS AVAILABLE”, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND MEDITECH HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE MEDITECH APPLICATION AND ANY SERVICES, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. MEDITECH DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE MEDITECH APPLICATION, THAT THE FUNCTIONS CONTAINED IN, OR SERVICES PERFORMED OR PROVIDED BY, THE MEDITECH APPLICATION WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE MEDITECH APPLICATION OR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE MEDITECH APPLICATION OR SERVICES WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY MEDITECH OR ITS AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SHOULD THE MEDITECH APPLICATION OR SERVICES PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU.

LIMITATION OF LIABILITY: TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL MEDITECH BE LIABLE FOR PERSONAL INJURY, OR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO CUSTOMER’S USE OR INABILITY TO USE THE MEDITECH APPLICATION, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE) AND EVEN IF MEDITECH HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. IN NO EVENT SHALL MEDITECH’S TOTAL LIABILITY TO CUSTOMER FOR ALL DAMAGES (OTHER THAN AS MAY BE REQUIRED BY APPLICABLE LAW IN CASES INVOLVING PERSONAL INJURY) EXCEED THE AMOUNT OF FIFTY DOLLARS ($50.00).

Intellectual Property Rights:  MEDITECH and Customer acknowledge that, in the event of any third party claim that the MEDITECH Application or the Customer’s possession and use of the MEDITECH Application infringes that third party’s intellectual property rights, MEDITECH, not Google, will solely be responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim. 

Legal Compliance:  Customer represents and warrants that (i)he/she is not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii)he/she is not listed on any U.S. Government list of prohibited or restricted parties.

Third Party Beneficiary:  MEDITECH and Customer acknowledge and agree that Google, and Google’s subsidiaries, are third party beneficiaries of the EULA, and that, upon the Customer’s acceptance of the terms and conditions of the EULA, Google will have the right (and will be deemed to have accepted the right) to enforce the EULA against the Customer as a third party beneficiary thereof.