IMPORTANT: PLEASE READ THIS SENYO APP END USER LICENSE AGREEMENT ("EULA") CAREFULLY. THE EULA IS BETWEEN YOU ("You" or "Your") and MAYO FOUNDATION FOR MEDICAL EDUCATION AND RESEARCH AND ALL AFFILIATES ("We" or "Us" or "Our"). BY USING THIS SOFTWARE, YOU ACKNOWLEDGE THAT YOU AGREE TO BE BOUND BY THE TERMS OF THE EULA. IF YOU DO NOT AGREE TO ALL OF THE TERMS AND CONDITIONS SET FORTH BELOW, YOU ARE NOT PERMITTED TO USE THIS SOFTWARE ("the Software").
If you create an account for your child under the age of 18 and allow your child to use the Software, you agree to this End User License Agreement on your behalf and on behalf of your child.
We grant You a limited, non-exclusive, non-sublicensable, non-transferable license to use the Software, solely for Your personal non-commercial use in accordance with the instructions and documentation set forth in this EULA or any parts of the Software (collectively, the "Documentation"). Unless expressly otherwise set forth in this EULA, You may not: (a) modify, translate or create derivative works of the Software or the Documentation; (b) decompile, reverse engineer or reverse assemble any portion of the Software or attempt to discover any source code or underlying ideas or algorithms of the Software; (c) sell, assign, sublicense, rent, lease, loan, provide, distribute or otherwise transfer all or any portion of the Software or the Documentation; (d) make, have made, reproduce or copy the Software or the Documentation; (e) remove or alter any trademark, logo, copyright or other proprietary notices associated with the Software or the Documentation, or make available the Software without reproducing all proprietary notices; (f) cause or permit any other party to do any of the foregoing; or (g) engage in any conduct that, directly or indirectly, violates the terms of this EULA or has a harmful impact on the Software.
The Software and the Documentation, including all images, photographs, animations, text, and other audiovisual materials, and any and all patents, copyrights, moral rights, trademarks, trade secrets and any other form of intellectual property rights recognized in any jurisdiction, including applications and registrations for any of the foregoing embodied therein are owned by Us or Our licensors. The Software and the Documentation are licensed, and not sold, to You for use only under the terms of this EULA. We reserve all rights not expressly granted to You. You will not use publicly for publicity, promotion, or otherwise, any logo, name, trade name, service mark, or trademark belonging to Us or Our licensors, including but not limited to the terms "Mayo," "Mayo Clinic®," and the triple shield logo, or any simulation, abbreviation, or adaptation of the same, or the name of any Mayo Clinic employee or agent, without Our prior, written, express consent.
The effective date of this EULA is the date on which use the Software. This EULA is effective until terminated. You may terminate this EULA at any time by deleting the Software from your device. This EULA will terminate immediately without notice from Us if you fail to comply with any provision of this EULA. Upon termination you must delete the Software from your device.
THE SOFTWARE IS PROVIDED TO YOU ON AN "AS IS" OR "AS AVAILABLE" BASIS WITHOUT ANY REPRESENTATIONS, WARRANTIES, COVENANTS OR CONDITIONS OF ANY KIND. WE AND OUR SUPPLIERS DO NOT WARRANT THAT ANY OF THE SOFTWARE WILL BE FREE FROM ALL BUGS, ERRORS, OR OMISSIONS. WE AND OUR SUPPLIERS DISCLAIM ANY AND ALL OTHER WARRANTIES AND REPRESENTATIONS (EXPRESS OR IMPLIED, ORAL OR WRITTEN) WITH RESPECT TO THE SOFTWARE WHETHER ALLEGED TO ARISE BY OPERATION OF LAW, BY REASON OF CUSTOM OR USAGE IN THE TRADE, BY COURSE OF DEALING OR OTHERWISE, INCLUDING ANY AND ALL (A) WARRANTIES OF MERCHANTABILITY, (B) WARRANTIES OF FITNESS OR SUITABILITY FOR ANY PURPOSE (WHETHER OR NOT WE KNOW, HAVE REASON TO KNOW, HAVE BEEN ADVISED, OR ARE OTHERWISE AWARE OF ANY SUCH PURPOSE), (C) WARRANTIES OF NONINFRINGEMENT OR CONDITION OF TITLE, AND (D) WARRANTIES THAT THE APPLICATION WILL OPERATE WITHOUT INTERRUPTION OR ERROR. YOU ACKNOWLEDGE AND AGREE THAT YOU HAVE RELIED ON NO WARRANTIES. THIS DISCLAIMER AND EXCLUSION WILL APPLY EVEN IF THE EXPRESS WARRANTY SET FORTH ABOVE FAILS OF ITS ESSENTIAL PURPOSE.
IN NO EVENT WILL WE BE LIABLE TO YOU OR ANY OTHER PARTY FOR ANY LOSS OF PROFITS, LOSS OF USE, LOSS OF REVENUE, LOSS OF GOODWILL, ANY BODILY OR MENTAL INJURY, INTERRUPTION OF BUSINESS, OR FOR ANY INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO, PHYSICAL LOSSES, MENTAL LOSSES, OR ANY FINANCIAL LOSSES) ARISING OUT OF OR IN CONNECTION WITH THE SOFTWARE, OR YOUR USE OF THE SOFTWARE, REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OR ARE OTHERWISE AWARE OF THE POSSIBILITY OF SUCH DAMAGES. OUR TOTAL CUMULATIVE LIABILITY (INCLUDING, BUT NOT LIMITED TO, ANY LIABILITY WITH RESPECT TO ANY LOSS OF PROFITS, LOSS OF USE, LOSS OF REVENUE, LOSS OF GOODWILL, ANY BODILY OR MENTAL INJURY, INTERRUPTION OF BUSINESS, OR FOR ANY INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND [INCLUDING, BUT NOT LIMITED TO, PHYSICAL LOSSES, MENTAL LOSSES, OR ANY FINANCIAL LOSSES] ARISING OUT OF OR IN CONNECTION WITH THE SOFTWARE OR YOUR USE OF THE SOFTWARE, TO YOU OR ANY THIRD PARTY, WHETHER IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE) WILL NOT EXCEED THE AMOUNT PAID BY YOU TO US. MULTIPLE CLAIMS WILL NOT EXPAND THIS LIMITATION. CERTAIN LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
The foregoing remedies are EXCLUSIVE, and You waive and release all other warranties, obligations, and liabilities of Us and all other remedies, claims, and rights that You may have relating in any way to the Software covered by the terms of this EULA, whether arising from contract, warranty, strict liability, or tort or from Our negligence, tort, or other fault, including claims for loss of or damage to the Software.
You will indemnify, defend, and hold harmless Us and Our respective trustees, officers, directors, agents, independent contractors, employees, consultants, service providers, and applicable third parties (such as licensors and partners) (collectively, the "Indemnified Parties") from and against any actual or threatened suit, demand or claims, damages, costs, liabilities and expenses (including, but not limited to, damage awards, settlement amounts, and reasonable attorneys' fees) brought against any Indemnified Parties, arising out of or relating to: (a) Your use of the Software; (b) Your conduct; (c) Your failure to perform Your obligations under this EULA (including, but not limited to, Your violation of this EULA); (d) Your violation of the rights of any third party; and/or (e) use of the Software by anyone else on Your device.