Last updated: 06/08/2020
PLEASE READ THIS SOFTWARE LICENSE AGREEMENT ("LICENSE") CAREFULLY BEFORE USING THE MODJOUL APP. BY USING THE MODJOUL APP, YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THIS LICENSE. IF YOU DO NOT AGREE TO THE TERMS OF THIS LICENSE, DO NOT INSTALL AND/OR USE THE SOFTWARE.
IMPORTANT: IN THE EVENT OF A MEDICAL EMERGENCY, PLEASE CALL EMERGENCY SERVICES. The Modjoul App is not designed or intended for use in the diagnosis or treatment of disease or other conditions. The Modjoul App will not prevent a disease or other condition from spreading, and the recommendations provided by the Modjoul App do not constitute medical advice. Please consult your healthcare provider prior to making any decisions related to your health.
- The Modjoul App, and any third party software, documentation, interfaces, content, fonts and any data accompanying this License whether in read only memory, on any other media or in any other form (collectively the “Modjoul App”) are licensed, not sold, to you by Modjoul Inc. (“Modjoul”) for use only under the terms of this License. Modjoul and/orModjoul’slicensors retain ownership of the Modjoul App itself and reserve all rights not expressly granted to you
- Modjoul, at its discretion, may make available future upgrades or updates to the Modjoul App for your hardware. The Modjoul App upgrades and updates, if any, may not necessarily include all existing Modjoul App features or new features that Modjoul releases for newer or other models of hardware. The terms of this License willgovern any Modjoul App upgrades or updates provided by Modjoul to the original Modjoul App, unless such upgrade or update is accompanied by a separate license in which case you agree that the terms of that license will govern such upgrade or update
Permitted License Uses and Restrictions.
Use of Data.
- You are granted a limited, non-transferable, non-exclusive license to install and use the Modjoul App on any hardware device that you or your employer (or where applicable, the Modjoul Location) owns or controls during the term of this License. You may not distribute the Modjoul App available over a network where it could be used by multiple users at the same time. You may not rent, lease, lend, sell, redistribute or sublicense the Modjoul App.
- System Requirements; Other Limitations. The Modjoul App is not available in all languages and it is intended for use only in the United States.
- No Reverse Engineering. You may not, and you agree not to or enable others to, copy (except as expressly permitted by this License or by the Usage Rules if they are applicable to you), decompile, reverse engineer, disassemble, attempt to derive the source code of, decrypt, modify, or create derivative works of the Modjoul App or any services provided by the Modjoul App, 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 open-sourced components included with the Modjoul App).
- Compliance with Laws. You agree to use the Modjoul App and the Services (as defined in Section 4below) in compliance with all applicable laws, including local laws of the country or region in which you reside or in which you download or use the Modjoul App and Services.
- Third Party Software. Modjoul may provide access to certain third-party software or services as a convenience. To the extent that the Modjoul App contains or provides access to any third-party software or services, Modjoul has no express or implied obligation to provide any technical or other support for suchthird partysoftware or services. Please contact the appropriate third-party software vendor, manufacturer or service provider directly for technical support and customer service related to its software, service and/or products.
- Automatic Updates. If you choose to allow automatic app updates, your device will periodically check with Modjoul for updates and upgrades to the Modjoul App and, if an update or upgrade is available, the update or upgrade will automatically download and install onto your device and, if applicable, your peripheral devices. You can turn off the automatic app updates altogether at any time by changing the automatic app updates settings found within Settings.
- The Modjoul App is not a medical device and should not be used as a substitute for qualified medical advice. It is not designed or intended for use in the diagnosis of disease or other conditions, or in the cure, mitigation, treatment, or prevention and spread of any condition or disease. Please consult your healthcare provider prior to making any decisions related to your health.
Services and Third Party Materials.
- In using this Modjoul App, you will be asked to provide information, and you must provide accurate information. To the extent that you upload any content through the use of the Services, you represent that you own all rightsin, or have authorization or are otherwise legally permitted to upload, such content and that such content does not violate any terms of service applicable to the Services. You agree that the Services contain proprietary content, information and material,including but not limited to any Digital Materials, that is owned by Modjoul, the site owner and/or their licensors, and is protected by applicable intellectual property and other laws, including but not limited to copyright. You agree that you will not use such proprietary content, information or materials other than for permitted use of the Services or in any manner that is inconsistent with the terms of this License or that infringes any intellectual property rights of a third party or Modjoul. No portion of the Services may be reproduced in any form or by any means. You agree not to modify, rent, lease, loan, sell, distribute, or create derivative works based on the Services, in any manner, and you shall not exploit the Services in any unauthorized way whatsoever, including but not limited to, using the Services to transmit any computer viruses, worms, trojan horses or other malware, or by trespass or burdening network capacity. You further agree not to use the Services in any manner to harass, abuse, stalk, threaten, defame or otherwise infringe or violate the rights of any other party, and that Modjoul is not in any way responsible for any such use by you, nor for any harassing, threatening, defamatory, offensive, infringing or illegal messages or transmissions that you may receive as a result of using any of the Services.
- In addition, Services and Third-Party Materials that may be accessed, linked to or displayed through the Modjoul App are not available in all languages or in all countries or regions. Modjoul makes no representation that such Services and Third-Party Materials are appropriate or available for use in any particular location. To the extent you choose to use or access such Services and Third Party Materials, you do so at your own initiative and are responsible for compliance with any applicable laws, including but not limited to applicable local laws and privacy and data collection laws. Modjoul and its licensors reserve the right to change, suspend, remove, or disable access to any Services at any time without notice. In no event will Modjoul be liable for the removal ofor disabling of access to any such Services. Modjoul may also impose limits on the use of or access to certain Services, in any case and without notice or liability.
Termination. The term of this License shall commence upon your installation or use of the Modjoul App. Your rights under this License will terminate automatically or otherwise cease to be effective without notice from Modjoul if you fail to comply with anyterm(s) of this License. Upon the termination of this License, you shall cease all use of the Modjoul App and destroy all copies, full or partial, of the Modjoul App. Sections 2C, 2D, 2E, 2F, 2H, 3 through 10 of this License shall survive any such termination.
Disclaimer of Warranties.
- If you are a customer who is a consumer (someone who uses the Modjoul App outside of your trade, business or profession), you may have legal rights in your country of residence which would prohibit the following limitations from applying to you, and where prohibited they will not apply to you. To find out more about consumer rights, you should contact a local consumer advice organization.
- YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT, TO THE EXTENT PERMITTED BY APPLICABLELAW, USE OF THE MODJOUL APP, ANY RECOMMENDATIONS OR GUIDANCE PROVIDED BY THE MODJOUL APP (“RECOMMENDATIONS”), AND ANY SERVICES PERFORMED BY OR ACCESSED THROUGH THE MODJOUL APP IS AT YOUR SOLE RISK.
- TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THEMODJOUL APP, RECOMMENDATIONS, AND SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE”, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND MODJOUL AND MODJOUL’S LICENSORS (COLLECTIVELY REFERRED TO AS "MODJOUL" FOR THE PURPOSES OF SECTIONS 6 AND 7) HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE MODJOUL APP, RECOMMENDATIONS AND SERVICES, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS.
- A PERSON MAY BE ASYMPTOMATIC WHICH WOULD CAUSE A FALSE NEGATIVE FOR DETECTION OF A DISEASE WHICH WOULD CAUSE AN INACCURATE RECOMMENDATION.
Limitation of Liability. TO THE EXTENT NOT PROHIBITED BY APPLICABLE LAW, IN NO EVENT SHALL MODJOUL BE LIABLE FOR PERSONAL INJURY, OR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, CORRUPTION OR LOSS OF DATA, FAILURE TO TRANSMIT OR RECEIVE ANY DATA, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE MODJOUL APP, RECOMMENDATIONS, AND SERVICES OR ANY THIRD PARTY SOFTWARE OR APPLICATIONS IN CONJUNCTION WITH THE MODJOUL APP, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE) AND EVEN IF MODJOUL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. In no event shall Modjoul’s total liability to you 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). The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.
Export Control. You may not use or otherwise export or re-export the Modjoul App except as authorized by United States law and the laws of the jurisdiction(s) in which the Modjoul App was obtained. In particular, but without limitation, the Modjoul App may not be exported or re-exported (a) into any U.S. embargoed countries or (b) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Department of Commerce Denied Person’s List or Entity List or any other restricted party lists. By using the Modjoul App, you represent and warrant that you are not located in any such country or on any such list. You also agree that you will not use the Modjoul App for any purposes prohibited by United States law, including, without limitation, the development, design, manufacture or production of missiles, nuclear, chemical or biological weapons.
Controlling Law and Severability. This License will be governed by and construed in accordance with the laws of the State of Washington, excluding its conflict of law principles. This License shall not be governed by theUnited Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded. If for any reason a court of competent jurisdiction finds any provision, or portion thereof, to be unenforceable, the remainder of this License shall continue in full force and effect.
Governing Language. This License constitutes the entire agreement between you and Modjoul relating to the Modjoul App, and supersedes all prior or contemporaneous understandings regarding such subject matter. No amendment to or modification of this License will be binding unless in writing and signed by Modjoul.