1.1 This agreement governs your use of the eMedic
software ("Software") for iOS, Palm, Pocket PC, and Windows.
The Software is owned and copyrighted by Iterum, LLC ("Iterum").
This license confers no title or ownership in the Software and
should not be construed as a sale of any right in the Software.
1.2 Iterum reserves the right, in its discretion,
to change or modify all or any part of this Agreement at any
time, effective immediately upon notice published on eMedic.com.
Your continued use of the Software constitutes your binding
acceptance of these terms and conditions, including any changes
or modifications made by Iterum as permitted above. If at any
time the terms and conditions of this Agreement are no longer
acceptable to you, you should immediately cease all use of the
1.3 Iterum grants you a license to use one copy of
Software on any one computer for as many licenses as you purchase. "You"
means the company, entity, or individual whose funds are used
to pay the license fee. "Use" means storing, loading,
installing, executing, or displaying the Software. This license
is not transferable to any other company, entity, or individual.
2. Use of Content
2.1 You acknowledge that the Software includes medical
information comprised of algorithms, images, text, and other
material (collectively, the "Content") that are protected
by copyright, trademark or other proprietary rights of Iterum
or third parties. All Content within the Software is copyrighted
as a collective work of Iterum pursuant to applicable copyright
law. You agree to comply with any additional copyright notices,
information, or restrictions contained in any Content available
on or accessed through the Software. Users of the Software may
use the Content only for his or her personal, noncommercial
2.2 You may not modify, publish, transmit, transfer
or sell, reproduce, create derivative works from, distribute,
perform, display, or in any way exploit any of the Content,
in whole or in part, except as expressly permitted in this Agreement.
Content in Software may not be reverse engineered unless specifically
authorized by Iterum. A separate
agreement covers the use and distribution of Content that
is provided with eMedic Editor.
2.3 You may download or copy the Content only for
your own personal use, provided that you maintain all copyright
and other notices contained in such Content. Except as expressly
permitted by the copyright laws, no copying, storage. redistribution
or publication of any Content is permitted without the express
written permission of Iterum.
2.4 You understand that the medical Content contained
in the Software is summarized from a variety of sources Iterum
believes to be accurate. You acknowledge there is an extremely
high likelihood that errors exist within this Content. Further,
you understand that the Content has been severely abbreviated
and information has been omitted. You understand that the Content
alone was not intended to be used to make important medical
decisions (nor should it be). You agree to refer to other
publications and obtain the proper medical training to make
sound medical decisions. You understand that the drug database
was created to provide prehospital personnel with an overview
of a drug; it was not intended to assist doctors prescribe medicine.
Under no circumstance will you hold Iterum, its employees, or
its agents liable for any aspect of Software.
3.1 You agree to indemnify, defend and hold Iterum
and its affiliates, and their respective officers, directors,
owners, agents, information providers and licensors (collectively,
the "Iterum Parties") harmless from and against any
and all claims, liability, losses, costs and expenses (including
attorneys' fees) incurred by any Iterum Party in connection
with any use or alleged use of the Software. Iterum reserves
the right, at its own expense, to assume the exclusive defense
and control of any matter otherwise subject to indemnification
by you, and in such case, you agree to cooperate with Iterum's
defense of such claim.
4. DISCLAIMER OF WARRANTIES;
LIMITATION OF LIABILITY
4.1 ITERUM DOES NOT WARRANT THAT THE SOFTWARE IS ERROR
FREE; NOR DOES ITERUM MAKE ANY WARRANTY AS TO THE RESULTS TO
BE OBTAINED FROM USE OF THE SOFTWARE OR CONTENT. THE SOFTWARE
AND CONTENT ARE DISTRIBUTED ON AN "AS IS, AS AVAILABLE"
BASIS. ITERUM AND THEIR RESPECTIVE AGENTS DO NOT MAKE ANY WARRANTIES
OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION,
WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY
OR FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THE SOFTWARE
OR CONTENT. ITERUM DOES NOT WARRANT THAT ANY FILES AVAILABLE
FOR DOWNLOADING THROUGH THE SERVICE WILL BE FREE OF VIRUSES
OR SIMILAR CONTAMINATION OR DESTRUCTIVE FEATURES. YOU EXPRESSLY
AGREE THAT THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE
OF THE PRODUCTS AND THE ACCURACY OR COMPLETENESS OF THE CONTENT
IS ASSUMED SOLELY BY YOU.
4.2 ITERUM SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT,
INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF
THE USE OF OR INABILITY TO USE THE SOFTWARE, EVEN IF SUCH PARTY
HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
4.3 SOME STATES DO NOT ALLOW EXCLUSION OF IMPLIED
WARRANTIES OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL
DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY
TO YOU. IN SUCH STATES, THE LIABILITY OF ITERUM SHALL BE LIMITED
TO THE GREATEST EXTENT PERMITTED BY LAW.
5.1 This Agreement shall be construed in accordance
with the laws of the State of Utah, and the parties irrevocably
consent to bring any action to enforce this Agreement in the
federal or state courts located in Salt Lake City, Utah. This
Agreement constitutes the entire agreement between the parties
with respect to the subject matter hereof, and supersedes all
previous written or oral agreements between the parties with
respect to such subject matter.