End-User License Agreement
- Customer and its Affiliates (which includes any employees, agents, or independent contractors of Customer and its Affiliates) are designated as “Authorized Users” to use the registry (the “Registry”). Affiliates as an Authorized User may only use the Application in the manner and for the uses as directed by the Customer and in accordance with the terms of use contained herein and all applicable laws.
- Authorized Users will use the Application solely for the purpose as described above and for no other purpose whatsoever and will use the Application in accordance with this End User License Agreement (this “EULA”).
- In terms of this EULA you are hereby granted a non-transferable, revocable license to use the Application for the duration of this EULA in accordance with the terms set out herein. The terms of this EULA will govern any content, materials, or services accessible from within the Application as well as upgrades and updates provided by Pulse Infoframe that replace or supplement the original Application. You may not transfer, redistribute or sublicense the Application.
- As an Authorized User, you understand and hereby agree that it is your responsibility to become familiar with these terms and any other terms associated with participation in the services provided by Pulse Infoframe. Further, you agree: (i) not to share or disclose your password to any other person except as permitted by and in accordance with any relevant policy of Customer; (ii) you are responsible for the accuracy and completeness and adequacy of the data that you submit to the Application; (iii) not to use the Application to access or obtain personal information or personal health information of any individual for whom you do not have permission to access or obtain; (iv) not to reverse engineer any reports or other data accessed by the Application; (v) that you shall be responsible for procuring and operating such equipment necessary to access and use the Application environment; (vi) not to reverse engineer, decompile, disassemble, translate or otherwise attempt to view, display or print the source code to the Application; (vii) not to tamper with or circumvent any security technology included with the Application; (viii) not to modify or use any unauthorised version of the Application; and (ix) to comply, at all times, with all applicable legal and regulatory requirements and with Pulse Infoframe’s security and privacy requirements in respect of the use of and access to the Application.
- Any fraudulent, abusive, or otherwise illegal activity or any use of the Authentication ID’s and passwords, accounts in contravention of this EULA or any relevant policy of the Customer (“the Contravention”), shall be immediately reported to Pulse Infoframe and Pulse Infoframe shall retain the right to mitigate any associated risk to the integrity of the data or the Application and suspend the relevant user’s credentials.
- Your Authentication ID and account information is valuable, and you are responsible for maintaining its confidentiality and security. Pulse Infoframe is not responsible for any losses arising from the unauthorised use of your Authentication ID. If you suspect that your Authentication ID or account has been compromised, contact the Customer. You additionally agree not to use the Application to access or obtain any information of any individual from whom you do not have permission to access or obtain such information.
- You acknowledge that certain information disclosed to you or by you pursuant to your use of the Application may constitute “personally identifiable information” as defined by various applicable privacy laws. You agree to use such information only for those purposes permitted under the applicable privacy laws and to limit your disclosure of it only to those persons designated by your organisation. For more information on how we manage your information please visit our Privacy Notice on our website at https://www.pulseinfoframe.com/privacy-policy/.
- Pulse Infoframe is committed to respecting the personal privacy of individuals using this Application. Pulse Infoframe collects personal information such as name, phone number, e-mail or street address of its end users if they choose to supply it through the Application by registering as an Authorised User or by contacting us via e-mail (“End User Information”). The content of your message and End User Information will not be disclosed to anyone except the Customer and its Affiliates staff and/or staff of Pulse Infoframe for the purpose of responding to your request or for administering your user account. Pulse Infoframe does not gather any additional personal information, other than that which you provide by registering as an Authorized User, nor do we distribute, provide or sell personal information voluntarily supplied by our website visitors to any third party, except that Pulse Infoframe reserves the right to disclose such personal information if such disclosure is made pursuant to a legal proceeding or otherwise required or permitted by law.
- End user Information submitted through this Application will be encrypted using commercially reasonable encryption methods to help protect it and facilitate its arrival unread and unaltered at the Company’s servers. However, users should be aware that personal Information could be intercepted over the Internet. Pulse Infoframe is not responsible for the interception, collection, use or alteration of information transmitted over the Internet.
- You acknowledge and agree that Pulse Infoframe owns all rights, title and interests and all intellectual property rights in and to intellectual property that may exist in and to the Application, the Authentication IDs, accounts and any other documentation provided to you by Pulse Infoframe. You do not acquire any rights, title or ownership interests of any kind whatsoever, express or implied, in any of the foregoing, other than the right to use such materials in accordance with the terms herein.
- The material contained on this Application is protected by Canadian and other national and international copyright, trademark and other laws:
- Pulse Infoframe retains all copyright, trademark and all other rights in all material contained on this site, including all text and graphic images. No portion of this material may be used or reproduced, other than for personal use, or distributed, transmitted or “mirrored” in any form, or by any means, without the prior written permission of Pulse Infoframe.
- Certain names, words, titles, phrases, logos, icons, graphics or designs in the pages of this website, and those websites to which it is linked, may constitute trade names, registered or unregistered trademarks or service marks (“Trademarks”) of Pulse Infoframe or of third parties that are used under license. The display of Trademarks on this website, and those to which it is linked, does not imply the grant of any license to any other party.
- Other than as expressly permitted herein or by written EULA of Pulse Infoframe, your use of any of the Trademarks that appear on this website is prohibited. You are advised that Pulse Infoframe will enforce its intellectual property rights to the fullest extent of the law, which may result in civil and/or criminal penalties.
- Not Medical Advice. The Application and the content contained therein are for informational and analytical purposes only and are not intended to be a substitute for professional medical advice, diagnosis or treatment. Notwithstanding same, it is understood that contents of the Application and associated responses may be included as part of a patient’s medical record. It is further understood that Customer or Affiliates’ use of the information in the Application will be deemed to be at the discretion of the particular Customer or Affiliate. Customer or Affiliates shall not represent to any person or make any statement that any content or technology received from Pulse Infoframe under this EULA can be used as professional medical advice, diagnosis or treatment, and will not make any use of such content or technology in any way that could be construed as providing medical advice, diagnosis or treatment.
- WHILE CARE HAS BEEN TAKEN IN THE PREPARATION OF THE INFORMATION CONTAINED IN THE APPLICATION, SUCH INFORMATION IS OBTAINED FROM A NUMBER OF SOURCES ANY SUCH INFORMATION IS PROVIDED ON AN “AS IS” BASIS WITHOUT ANY REPRESENTATION, WARRANTY OR CONDITION, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, AS TO: QUALITY; ACCURACY; COMPLETENESS; LEGALITY; CURRENCY; RELIABILITY; EFFICACY OR FITNESS FOR A PARTICULAR PURPOSE; UNINTERRUPTED ACCESS TO THIS APPLICATION; ERROR-FREE OPERATION OF THIS APPLICATION; AND, THE ABSENCE OF COMPUTER VIRUSES AND OTHER HARMFUL COMPONENTS OR CORRUPTED DATA OR INFORMATION ON THIS APPLICATION.
- PULSE INFOFRAME SHALL HAVE NO LIABILITY, WHETHER DIRECT, INDIRECT, CONSEQUENTIAL, CONTINGENT, SPECIAL OR INCIDENTAL, RELATED TO OR ARISING FROM THE INFORMATION ON THIS APPLICATION, WHETHER BASED ON BREACH OF CONTRACT OR TORT (INCLUDING NEGLIGENCE), INCLUDING INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS, STRICT LIABILITY, BREACH OF WARRANTY, FAILURE OF ESSENTIAL PURPOSE, FUNDAMENTAL BREACH, BREACH OF A FUNDAMENTAL TERM OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY THEREOF.
- ANYONE USING THIS INFORMATION DOES SO AT HIS OR HER OWN RISK. COMPANY SHALL NOT BE LIABLE FOR ANY USE OF SUCH INFORMATION NOR SHALL COMPANY BE LIABLE FOR ANY LOSSES, INJURY OR DAMAGES ARISING FROM SUCH PERSON’S USE OF THE INFORMATION ON THE APPLICATION, AND ANY INFORMATION ON WEBSITES LINKED FROM THIS WEBSITE.
- PULSE INFOFRAME WILL NOT BE LIABLE FOR ANY DAMAGES OR INJURY CAUSED BY, INCLUDING BUT NOT LIMITED TO, ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, OR LINE FAILURE. PULSE INFOFRAME WILL NOT BE LIABLE FOR ANY DAMAGES OR INJURY, INCLUDING BUT NOT LIMITED TO, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE APPLICATION, EVEN IF PULSE OR AN AUTHORIZED PULSE REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
- Pulse Infoframe’s failure to enforce any provision of this EULA shall not be construed as a waiver of such provision.
- This EULA shall bind and inure to the benefit of both parties and their respective successors, heirs, executors, administrators, personal representatives and permitted assigns.
- You shall not assign your rights or obligations hereunder without Pulse Infoframe’s prior written consent.
- If any part of this EULA is unlawful, void, or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of any remaining provisions.
