END USER LICENSE AGREEMENT
WITH UNIVERSITY OF MARYLAND
IMPORTANT – THIS IS A LEGAL AGREEMENT BETWEEN YOU (“You”) AND THE UNIVERSITY OF MARYLAND, a public agency and instrumentality of the State of Maryland (“UMD”, “US,” “WE” or “University”). PLEASE READ THIS END USER LICENSE AGREEMENT (“EULA”) BEFORE ACCESSING Padres Preparados Jovenes Saludables (“APP”). THE TERMS OF THIS EULA GOVERN YOUR ACCESS TO AND USE OF THE APP. BY ACCESSING THE APP, YOU SIGNIFY THAT YOU HAVE READ, UNDERSTAND, ACCEPT AND AGREE TO ABIDE BY THESE TERMS AND CONDITIONS. IF YOU DO NOT ACCEPT THE TERMS OF THIS EULA, DO NOT ACCESS THE APP.
TERMS AND CONDITIONS
1. Padres Preparados Jovenes Saludables (APP) means application comprising of user interface, data, educational articles and links to external information.
2. LICENSE GRANT. University hereby grants You a revocable, non-exclusive, non-transferable right and license to access APP and user interface, data, educational articles and links to external information solely for your personal use for educational purposes. Using the APP for any commercial purposes is strictly prohibited. This app is not intended to provide medical advice.
3. RESTRICTIONS. You agree NOT to:
a. modify, hide, delete or interfere with any notices that are included in the App, or any materials;
b. share your login information with others;
c. modify the data, educational articles, or links to external information;
d. sell, license, sublicense or otherwise distribute the APP to third parties for cash or other consideration;
e. publicly post or display any parts of the App without express written permission by University of Maryland;
f. use the App for purpose other than Your own personal educational use;
g. interfere with or disrupt the App or servers and networks connected to the App; and
h. use this App to obtain medical advice.
4. YOUR RESPONSIBILITIES:
a. You agree to seek medical advice from your healthcare provider and use App solely for educational purposes
b. You agree to use app for educational purposes only.
c. You agree to accept any charges from your cellular service provider associated with text messages or data that result from using the App.
5. INTELLECTUAL PROPERTY. The University owns all rights, title, and interest in the App. This EULA does not grant You any rights, title or interests in the App other than those expressly granted to you under this EULA.
6. DISCLAIMER AND LIMITATION ON LIABILITY.
a. THE APP, USER INTERFACE, OR ANY LINKS TO EXTERNAL MATERIALS ARE MADE AVAILABLE ON AN “AS IS” BASIS. UNIVERSITY DISCLAIMS ANY AND ALL REPRESENTATIONS AND WARRANTIES – WHETHER EXPRESS OR IMPLIED, ORAL OR WRITTEN, IN FACT OR ARISING BY OPERATION OF LAW – WITH RESPECT TO THE PORTAL, THE DATA, THE CODEBOOK, AND ANY AUXILIARY MATERIALS INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT OF THE INTELLECTUAL PROPERTY OR PROPRIETARY RIGHTS OF ANY THIRD PARTY. UNIVERSITY MAKES NO REPRESENTATION OR WARRANTY THAT THE APP, OR USER INTERFACE WILL OPERATE ERROR FREE OR IN AN UNINTERRUPTED FASHION.
b. In no event will the University be liable to You for any incidental, special, punitive, exemplary or consequential damages of any kind, including health problems, lost profits or business interruption, even if advised of the possibility of such claims or demands, whether in contract, tort, or otherwise, arising in connection with Your access to and use of the Portal and the data, the codebook, user interface, or any auxiliary materials or other dealings. This limitation upon damages and claims is intended to apply without regard to whether other provisions of this EULA have been breached or proven ineffective. In no event will University’s total liability for the breach or nonperformance of this EULA exceed the fees paid to University within the current billing cycle..
c. University is under no obligation to update the App or any links to external materials.
7. INDEMNITY. You hereby agree to defend, indemnify, and hold harmless the University and its employees, agents, directors, and officers from and against any and all claims, proceedings, damages, injuries, liabilities, losses, costs, and expenses (including reasonable attorneys’ fees and litigation expenses) relating to or arising out of Your use of the App or Your breach of any term in this EULA.
8. TERM AND TERMINATION
a. This EULA and your right to access the App will take effect when you “ACCEPT” the terms of this EULA.
b. University reserves the right, at any time and without prior notice, to modify, discontinue or suspend, temporarily or permanently, Your access to the Portal (or any part thereof) without liability to You.
a. The University may modify this EULA at any time. Check the web site for modifications.
b. No term of this Agreement can be waived except by the written consent of the party waiving compliance.
c. If any provision of this EULA is determined by a court of competent jurisdiction to be void, invalid, or otherwise unenforceable, such determination shall not affect the remaining provisions of this Agreement.
d. This Agreement does not create a joint venture, partnership, employment, or agency relationship between the Parties.
e. There are no third party beneficiaries to this agreement. You may not assign this agreement without the University’s prior written approval.
f. This EULA shall be governed by and interpreted in accordance with United States copyright law and the laws of the State of Maryland without reference to its conflicts of laws rules. Nothing in this EULA is or shall be deemed to be a waiver by the University of any of its rights or status as an agency and instrumentality of the State of Maryland. The parties mutually agree to opt out of application of the Maryland Uniform Computer Information Transactions Act (MUCITA), Maryland Code Annotated [Commercial Law] 21-101 through 21-816 to the greatest extent authorized under MUCITA.
g. This EULA represents the entire agreement between You and the University regarding the subject matter of paragraphs 1-10. There are no other understandings, written or oral, that are not included in this Agreement.
10. REPRESENTATION. You represent that You are at least 18 years of age.