Table of Contents
Advertisement
3. UPDATES/ UPGRADES
Branchpoint reserves the right at any time to, but is not obligated to provide Updates to the Software. "Update"
shall mean a change to the Software and/or Products designed to correct defects, but does not materially change
functionality. If any such Updates are provided to you by Branchpoint, such Updates will be considered a part of
the Software and subject to the terms and conditions of this Agreement. You agree and understand that
although Branchpoint takes steps to prevent errors, the Software may contain errors affecting proper operation.
The license provided herein does not include Upgrades. "Upgrade" shall mean a change to the Software that
adds functionality or otherwise implements substantial additional capability. You agree that you may not have
access to such Upgrades without separate payment or through a separate support agreement.
4. TITLE
Title, ownership rights, and intellectual property rights in and to the Software and Documentation shall remain in
Branchpoint or its licensors, as applicable. The Software is protected by the copyright laws of the country where
the Software is used and international copyright treaties. Title, ownership rights and intellectual property rights
in and to any content used with the Software shall be retained by the applicable content owner and may be
protected by applicable copyright or other law. Branchpoint, and its licensors, also retains all right, title, and
interest in and to the trademarks, trade names, logos, and icons (collectively, "Marks") used in or identifying the
Software or its features and you may not use such Marks without the prior written permission of Branchpoint.
Without limiting the forgoing: (i) AURA™ logo is a trademark of Branchpoint; and (ii) other trademarks are either
registered trademarks or trademarks of their respective owners.
5. DISCLAIMER OF WARRANTIES
THE SOFTWARE IS PROVIDED "AS IS," WITHOUT WARRANTY OR REPRESENTATION OF ANY KIND, WHETHER
EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF NON-
INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE. NEITHER BRANCHPOINT NOR
ITS LICENSORS REPRESENT OR WARRANT THAT THE SOFTWARE WILL SATISFY YOUR REQUIREMENTS OR THAT
IT IS WITHOUT DEFECT OR ERROR OR THAT THE OPERATION THEREOF WILL BE UNINTERRUPTED OR ERROR
FREE. BRANCHPOINT DOES NOT WARRANT THAT FUNCTIONS CONTAINED IN THE SOFTWARE WILL MEET YOUR
REQUIREMENTS OR THAT THE OPERATION OF THE SOFTWARE WILL BE ERROR-FREE OR UNINTERRUPTED.
BRANCHPOINT MAKES NO GUARANTEES REGARDING THE QUALITY, ACCURACY, COMPLETENESS,
EFFECTIVENESS, RELIABILITY, OR USEFULNESS OF THE SOFTWARE OR RESULTS OBTAINED THEREFROM. NO
ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY BRANCHPOINT, ITS DIRECTORS, OFFICERS,
EMPLOYEES, LICENSORS, SUPPLIERS, AGENTS OR ANYONE ELSE WHO HAS BEEN INVOLVED IN THE CREATION,
PRODUCTION, LICENSING, SUBLICENSING, SUPPLY OR DELIVERY OF THE SOFTWARE WILL CREATE A
REPRESENTATION, CONDITION, OR WARRANTY, AND YOU MAY NOT RELY ON ANY SUCH INFORMATION OR
ADVICE.
You agree that the sole and exclusive responsibility for any medical decisions or actions with respect to the
patient's medical care and for determining the accuracy, completeness, or appropriateness of any diagnostic,
clinical or medical information provided by the Software resides solely with the health care provider. Branchpoint
assumes no responsibility for how such information is used and the choice with regard to when and how to use
such information is the health care provider's responsibility. You understand and agree that the responsibility for
the medical treatment rests with the health care provider and revolves around the health care provider's
judgment and the health care provider's analysis of the patient's condition. Information provided by the
Software is not intended in any way to eliminate, replace, or substitute for, in whole or in part, the health care
provider's judgment and analysis of the patient's condition.
By using the Software, health care provider agrees that the Software is not intended to suggest or replace any
medical decisions or actions with respect to the patient's medical care and that the sole and exclusive
responsibility for determining the accuracy, completeness or appropriateness of any diagnostic, clinical or
medical information provided by the Software resides solely with the health care provider. Branchpoint assumes
no responsibility for how such materials are used and disclaims all warranties, whether expressed or implied,
including any warranty as to the quality, accuracy, or suitability of this information and product for any particular
purpose.
6. LIMITATION OF LIABILITY
REGARDLESS OF THE SOURCE OF THE LIABILITY, OR THE LEGAL THEORY (INCLUDING, WITHOUT LIMITATION,
NEGLIGENCE, CONTRACT, BREACH OF WARRANTY, ABSOLUTE LIABILITY IN TORT, MISREPRESENTATION OR
OTHERWISE) UNDER WHICH IT IS ESTABLISHED, IN NO EVENT SHALL BRANCHPOINT OR ITS LICENSORS BE
LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE, OR OTHER DAMAGES
WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, SERVICE INTERRUPTION,
LOSS OF INFORMATION, OR OTHER PECUNIARY LOSS) ARISING OUT OF THIS AGREEMENT OR THE USE OF OR
30
Advertisement
Table of Contents
