End User Agreement
Late Updated Date: April 29, 2022
PLEASE READ THIS END USER AGREEMENT (“AGREEMENT”) CAREFULLY BEFORE USING THE SOFTWARE AND SERVICES. BY USING THE SOFTWARE AND SERVICES, YOU ARE CONSENTING TO BE BOUND BY THIS AGREEMENT. IF YOU DO NOT AGREE TO ALL THE TERMS OF THIS AGREEMENT, PROMPTLY RETURN AND DO NOT USE THE SOFTWARE AND SERVICES.
Subject to the terms and conditions outlined below and the payment of applicable fees, SonoSim, Inc., a California corporation (“SonoSim”) hereby grants to you (“End User”) a single, non-exclusive, non-transferable right to access and use the SonoSim System, including SonoSim software (“Software”) in object code format, online courses, and equipment configured for use with the system (“Equipment”).
SonoSim IP. End User acknowledges and agrees that this Agreement does not grant to it any right, title, interest in or to the Intellectual Property Rights in any aspect of the SonoSim System, including Software or Equipment (“SonoSim IP”), “look and feel,” any or all related or underlying technology and any and all modifications or derivative works of the foregoing created by SonoSim. For purposes herein, “Intellectual Property Rights” means patent rights (including patent applications and disclosures), copyrights (including, but not limited to, rights in audiovisual works and moral rights), trade secret rights, moral rights, rights of priority and any other intellectual property right recognized in any country or jurisdiction in the world. “Moral rights” means any right to claim authorship to or to object to any distortion, mutilation, or other modification or other derogatory action in relation to a work, whether or not such would be prejudicial to the author’s reputation, and any similar right, existing under common or statutory law or any country in the world or under any treaty, regardless of whether or not such right is denominated or generally referred to as a “moral right.” End User shall not at any time, directly or indirectly, and shall not permit anyone else to: (i) copy, modify, or create derivative works of the SonoSim IP, in whole or in part; (ii) rent, lease, lend, sell, license, sublicense, assign, distribute, publish, transfer, or otherwise make available the SonoSim IP; (iii) reverse engineer, disassemble, decompile, decode, adapt, or otherwise attempt to derive or gain access to any software component of the SonoSim IP, including the Downloadable Software, in whole or in part; (iv) remove any proprietary notices from the SonoSim IP; or (v) use the SonoSim IP in any manner or for any purpose that infringes, misappropriates, or otherwise violates any intellectual property right or other right of any person, or that violates any applicable law.
SonoSim may monitor End User’s use of the Software and Services and collect and compile data and information related to End User’s use of the SonoSim System that is used by SonoSim in an aggregate and anonymized manner, including to compile statistical and performance information related to the provision and operation of the Services (“Aggregated Statistics”). As between SonoSim and End User, all right, title, and interest in Aggregated Statistics, and all intellectual property rights therein, belong to and are retained solely by SonoSim. End User acknowledges that SonoSim may compile Aggregated Statistics based on End User data input into the Services. End User agrees that SonoSim may (i) make Aggregated Statistics publicly available in compliance with applicable law, and (ii) use Aggregated Statistics to the extent and in the manner permitted under applicable law; provided that such Aggregated Statistics do not identify End User.
End User is responsible and liable for all uses of the SonoSim IP resulting from access provided by it, directly or indirectly, whether such access or use is permitted by or in violation of this Agreement.
Medical Information. Information contained within the Software is meant to inform and provide End Users with the latest literature-based ultrasound training approaches and materials. It is the responsibility of individual healthcare practitioners to appropriately apply and integrate the knowledge gained from the Software into day-to-day medical practice. End Users are advised that new medical research may affect prevailing knowledge and recommendations. SonoSim makes no representations or warranties as to the effectiveness or safety of the described ultrasound protocols, procedures, or ultrasound use cases described in the Software for any individual person.
Medical Information Disclaimer. SonoSim and the authors, editors, producers, experts, software programmers and others who participated in creating the Software are not responsible for errors or omissions of information, or for any consequences of the application of the information in the Software. SonoSim shall have no liability for injury or death of any person, or for direct, indirect, incidental, consequential, special or punitive damages arising out of any cause of action relating to the use of the information in the Software.
Many actions and procedures described in the training program require additional training that is beyond the scope of the Software. Users are advised that application of all information contained in this Software remains the sole responsibility of the individual. SonoSim urges practitioners to conform to institutional credentialing, certification, and scanning protocols. SonoSim urges all individuals to obtain training appropriate to their professional needs and requirements.
As with any repetitive motion task, repeated use of the same motion when using the SonoSim Ultrasound Training Solution may cause tissues to become fatigued, resulting in pain, swelling, tingling, numbness or tenderness. SonoSim recommends that (a) you do not continuously use the product over extended periods of time, (b) you should take a 10 to 15 minute break from scanning every hour, (c) if you experience any of the symptoms described above, in association with use of the SonoSim Ultrasound Training Solution, cease using the Software and consult a physician.
SonoSim LiveScan® Warning. If your purchase includes SonoSim LiveScan®, it may NOT be used on anyone who has a pacemaker, implantable cardioverter defibrillator or other electronic medical device.
THE SONOSIM IP IS PROVIDED TO END USER “AS IS” AND SONOSIM HEREBY DISCLAIMS ALL LIABILITY OR WARRANTIES TO END USER, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE. SONOSIM SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND ALL WARRANTIES ARISING FROM COURSE OF DEALING, USAGE, OR TRADE PRACTICE. SONOSIM MAKES NO WARRANTY OF ANY KIND THAT THE SONOSIM IP, OR ANY PRODUCTS OR RESULTS OF THE USE THEREOF, WILL MEET END USER’S OR ANY OTHER PERSON’S REQUIREMENTS, OPERATE WITHOUT INTERRUPTION, ACHIEVE ANY INTENDED RESULT, BE COMPATIBLE OR WORK WITH ANY SOFTWARE, SYSTEM, OR OTHER SERVICES, OR BE SECURE, ACCURATE, COMPLETE, FREE OF HARMFUL CODE, OR ERROR FREE. SONOSIM MAKES NO WARRANTY OF ANY KIND THAT THE SONOSIM IP, OR ANY PRODUCTS OR RESULTS OF THE USE THEREOF, WILL MEET CUSTOMER’S OR ANY OTHER PERSON’S REQUIREMENTS, OPERATE WITHOUT INTERRUPTION, ACHIEVE ANY INTENDED RESULT, BE COMPATIBLE OR WORK WITH ANY SOFTWARE, SYSTEM, OR OTHER SERVICES, OR BE SECURE, ACCURATE, COMPLETE, FREE OF HARMFUL CODE, OR ERROR FREE.
THE SONOSIM SYSTEM AND THE INFORMATION PROVIDED TO END USER IS MEANT TO INFORM AND PROVIDE END USER WITH HIGH-QUALITY, LITERATURE-BASED ULTRASOUND TRAINING APPROACHES AND MATERIALS. CUSTOMER ACKNOWLEDGES AND AGREE THAT PROVISION OF THE SONOSIM SYSTEM DOES NOT CONSTITUTE THE RENDERING OF MEDICAL OR CLINICAL PRACTICE BY SONOSIM. HEALTHCARE PRACTITIONERS ARE SOLELY RESPONSIBLE TO APPROPRIATELY APPLY AND INTEGRATE THE KNOWLEDGE GAINED FROM USE OF THE SONOSIM SYSTEM INTO DAY-TO-DAY MEDICAL PRACTICE. CUSTOMER IS ADVISED THAT NEW MEDICAL RESEARCH MAY AFFECT PREVAILING KNOWLEDGE AND RECOMMENDATIONS AND MAY NOT YET BE INCORPORATED INTO THE SONOSIM SYSTEM. SONOSIM HEREBY DISCLAIMS ALL REPRESENTATIONS OR WARRANTIES AS TO THE EFFECTIVENESS, VALIDITY, OR SAFETY OF THE DESCRIBED ULTRASOUND PROTOCOLS, PROCEDURES, OR ULTRASOUND USE CASES DESCRIBED IN THE SONOSIM SYSTEM FOR ANY INDIVIDUAL PERSON. SONOSIM AND ITS RELATED ENTITIES, OFFICERS, EMPLOYEES, CONTRACTORS, AFFILIATES, OR AGENTS ARE NOT RESPONSIBLE FOR ERRORS OR OMISSIONS OF INFORMATION, OR FOR ANY USE OF THE INFORMATION PROVIDED BY THE SONOSIM SYSTEM. SONOSIM HEREBY DISCLAIMS ALL LIABILITY FOR INJURY OR DEATH OF ANY PERSON, OR FOR DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR PUNITIVE DAMAGES ARISING OUT OF ANY CAUSE OF ACTION RELATING TO THE USE OF THE INFORMATION PROVIDED BY THE SONOSIM SYSTEM. MANY ACTIONS AND PROCEDURES DESCRIBED IN THE SONOSIM SYSTEM REQUIRE ADDITIONAL TRAINING THAT IS BEYOND THE SCOPE OF THE SONOSIM SYSTEM. END USER IS ADVISED THAT APPLICATION OF ALL INFORMATION CONTAINED IN THE SONOSIM SYSTEM REMAINS THE SOLE RESPONSIBILITY OF THE INDIVIDUAL USER. SONOSIM URGES PRACTITIONERS TO CONFORM TO INSTITUTIONAL CREDENTIALING, CERTIFICATION, AND SCANNING PROTOCOLS, AND FOR ALL INDIVIDUALS TO OBTAIN TRAINING APPROPRIATE TO THEIR PROFESSIONAL NEEDS AND RELEVANT STATUTORY AND REGULATORY REQUIREMENTS.
IN NO EVENT WILL SONOSIM BE LIABLE TO END USER UNDER OR IN CONNECTION WITH END USER’S USE OF THE SONOSIM IP UNDER ANY LEGAL OR EQUITABLE THEORY, INCLUDING BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, AND OTHERWISE, FOR ANY TYPE OF DAMAGES, INCLUDING: (a) DIRECT, CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, ENHANCED, OR PUNITIVE DAMAGES; (b) INCREASED COSTS, DIMINUTION IN VALUE OR LOST BUSINESS, PRODUCTION, REVENUES, OR PROFITS; (c) LOSS OF GOODWILL OR REPUTATION; (d) USE, INABILITY TO USE, LOSS, INTERRUPTION, DELAY, OR RECOVERY OF ANY DATA, OR BREACH OF DATA OR SYSTEM SECURITY; OR (e) COST OF REPLACEMENT GOODS OR SERVICES, IN EACH CASE REGARDLESS OF WHETHER SONOSIM WAS ADVISED OF THE POSSIBILITY OF SUCH LOSSES OR DAMAGES OR SUCH LOSSES OR DAMAGES WERE OTHERWISE FORESEEABLE.