SimKlar Medical Simulation Tracking Software Terms and Conditions of Use and License Agreement
1. Purpose and Software Services
2. Acceptance and Modification of Terms
4. Personal Information
5. Copyright and Limited License
6. Suspension and Termination of Access
All content and data made available by KLAR Solutions through the Software, including any Third Party Content, (the “KLAR Solutions Content”) is owned solely and exclusively by KLAR Solutions and/or third parties. You may not: (a) publish, publicly perform or display, or communicate to the public or otherwise distribute to any third party any of the KLAR Solutions Content; (b) market, sell, re-sell or make commercial use of the Software or any KLAR Solutions Content; (c) systematically collect from the Software and use any KLAR Solutions Content, including the use of any data mining, robots, or similar data gathering and extraction methods; or (d) make derivative uses of the Software or the KLAR Solutions Content.
If you make any information, data or content available to KLAR Solutions, including by contacting KLAR Solutions, or providing comments or ideas about KLAR Solutions’ Services or the Software (“User Content”), you are deemed to grant KLAR Solutions a non-exclusive, transferable, sub-licensable, irrevocable, royalty-free, perpetual, worldwide license to store, use, copy reproduce, modify, adapt, edit, translate, publish, perform and display any such User Content that you make available on, through, or in connection with the Software without any payment or restriction. You are solely responsible and liable for any User Content you make available on or through the Software or that is made available using your Software account. If you make User Content available, you represent that you have the right to do so. You may not post violent, nude, partially nude, discriminatory, unlawful, infringing, hateful, pornographic, or sexually suggestive User Content on or through the Software. KLAR Solutions may remove any User Content that the KLAR Solutions deems objectionable. You understand and agree that KLAR Solutions cannot and will not be responsible for the User Content and you use the Software at your own risk.
8. Use Restrictions
9. Risks of Using Email
The security of email messages is not guaranteed. Messages sent to, or from, KLAR Solutions may be seen by others using the Internet. Email is easy to forge, may be accidentally forwarded, and may exist indefinitely. For this reason, it is recommended that you do not use email to discuss information you think is sensitive. If you decide to use email, please inform KLAR Solutions if there are certain types of information that you do not want to discuss by email. Do not use email in an emergency because email can be delayed.
10. Privacy of Personal Information
You can permanently remove certain personal information from your account at any time. In the event that you save, print, fax, or transmit copies of your personal information from the Software (Downloaded Information), you are responsible for maintaining the privacy and security of this information. KLAR Solutions will not be liable for loss, theft, or any consequences arising from misuse of Downloaded Information.
Any personal information placed on the Software or otherwise provided to KLAR Solutions, in which all personal identifiers have been removed, such that the information could not reasonably be used to identify the individual, is not considered confidential information (De-Identified Information). You agree that in the event you delete your personal information from the Software, KLAR Solutions may maintain a copy in the form of De-Identified Information. KLAR Solutions is under no obligation to refrain from reproducing, publishing or otherwise using this De-Identified Information, and may use them, in any way or for any purpose. You agree to not assert any ownership right of any kind on such information (including, without limitation, copyright, trademark, patent, unfair competition, moral rights, or implied contract) and you hereby grant a royalty-free, perpetual, non-exclusive, irrevocable, unrestricted, worldwide license to KLAR Solutions to use, copy and display all De-Identified Information, and waive the right to receive any financial or other consideration in connection with such De-Identified Information.
11. Rules Governing Postings Made to the Software
The Software may provide features which allow you to participate in discussion groups, to communicate with KLAR Solutions, its agents and other third party users and to otherwise post/upload/communicate information, files, documents, or other materials (Postings). KLAR Solutions does not control the content of any Posting and has no obligation to monitor any Posting. While KLAR Solutions may attempt to delete insulting, offensive or inaccurate Postings, it cannot prevent them from being uploaded and is not responsible for their content or any damages resulting therefrom. However, KLAR Solutions reserves the right at all times to disclose any information necessary to satisfy any law, regulation, or governmental or law enforcement request, or to edit, refuse to upload or to remove any Posting, in whole or in part, that, in KLAR Solutions’ sole discretion, are objectionable, inaccurate, misleading or in violation of the Master Agreement. For greater certainty, KLAR Solutions will fully cooperate with any legal obligation to disclose the identity of anyone posting threatening, libelous, obscene, pornographic, profane or otherwise offensive or illegal materials. You acknowledge that you alone are responsible for the content of Postings to the Software and the consequences thereof.
The Software is used by multiple users and we ask each that each user respect the rights of each other user of the Software. It is a condition of your use of the Software that you do not:
- Restrict or inhibit another user from using and enjoying the Software, interfere or attempt to interfere with the proper workings of the Software or do anything which, in the sole discretion of KLAR Solutions, imposes an unreasonable or disproportionately large burden on the Software infrastructure;
- Post or transmit any unlawful, abusive, defamatory or obscene information of any kind, including, without limitation, any information constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any applicable law;
- Post or transmit any information, including, without limitation, articles, images, stories, software, or other material, which violates or infringes upon the rights of others, including material which is an invasion of privacy or publicity rights, or which is protected by any intellectual property rights, including, without limitation, copyright, patent, trade secret, trademark, or other proprietary rights herein or derivative works with respect thereto, without first obtaining permission from KLAR Solutions or rights holder;
- Post or transmit any information or material which contains a virus or another harmful component;
- Post or transmit "junk mail", "chain letters", unsolicited mass mailing or "spam";
- "Mine" or otherwise use the Software for commercial purposes, including, without limitation, posting, or transmitting any information or material which contains advertising, which engages in commercial activities, solicitations or sales, or which involves contests, sweepstakes, advertising and pyramid schemes; or
- Engage in any other behavior in connection with the Software which KLAR Solutions in its sole discretion determines is objectionable.
Subject to any applicable law, any Postings made using this Software or otherwise made to KLAR Solutions, excluding those containing your personal information, are made on a non-confidential basis. Any data contained in the Postings in which all personal identifiers have been removed, such that the information could not reasonably be used to identify the individual, is not considered personal information and is non-confidential information. KLAR Solutions is under no obligation to refrain from reproducing, publishing or otherwise using them, and may use them, in any way or for any purpose. You agree to not assert any ownership right of any kind in such communications (including, without limitation, copyright, trademark, patent, unfair competition, moral rights, or implied contract) and you hereby grant a royalty-free, perpetual, non-exclusive, irrevocable, unrestricted, worldwide license to KLAR Solutions to use, copy and display all Postings, and waive the right to receive any financial or other consideration in connection with such Postings including, without limitation, acknowledgement of yourself as the source of such Postings. For greater certainty, KLAR Solutions shall not use or disclose your personal information without your consent.
12. Cookies and Computer Data
14. Software and Services Provided “AS IS”
YOU UNDERSTAND AND AGREE THAT THE SOFTWARE AND THE SERVICES, ANY COMPANY CONTENT AND OTHER INFORMATION, DATA AND MATERIALS AVAILABLE ON THE SOFTWARE OR PROVIDED AS PART OF THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND, EXCEPT TO THE EXTENT EXPRESSLY PROVIDED FOR HEREIN AND PERMITTED UNDER APPLICABLE LAW, COMPANY EXPRESSLY DISCLAIMS ALL REPRESENTATIONS OR WARRANTIES OR CONDITIONS OF ANY KIND OR NATURE WHATSOEVER, WHETHER EXPRESS OR IMPLIED, AND WHETHER ARISING BY STATUTE OR OTHERWISE IN LAW, FROM A COURSE OF DEALING OR USAGE OF TRADE, AND INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OR CONDITIONS, ANY CONDITION OR WARRANTY OF MERCHANTABILITY, TITLE OR NON-INFRINGEMENT OF THIRD PARTIES RIGHTS AND ANY CONDITION OR WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE.
COMPANY DOES NOT OFFER ADVICE OR RECOMMENDATIONS CONCERNING INFORMATION OR DATA CONTAINED IN ANY SERVICES OR COMPANY CONTENT AND ANY ACTIONS TAKEN, OR FAILURES TO ACT, IN RELIANCE ON ANY COMPANY CONTENT (OR OTHERWISE ON THE SERVICES) BY YOU OR ANY OTHER PERSON IS YOUR SOLE RESPONSIBILITY AND LIABILITY. COMPANY SPECIFICALLY MAKES NO REPRESENTATIONS OR WARRANTIES THAT THE SOFTWARE OR ANY OF THE SERVICES (INCLUDING THE PROVISION OF ANY COMPANY CONTENT) WILL BE ACCURATE, RELIABLE, COMPATIBLE WITH YOUR COMPUTER, OR COMPLETE OR WILL BE PROVIDED ON AN UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE BASIS OR THAT ANY ERRORS CAN OR WILL BE CORRECTED OR THAT ANY SERVICES, COMPANY CONTENT, DATA OR THE RESULTS DERIVED THEREFROM WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS OR THAT THE SOFTWARE AND ITS SERVER ARE FREE OF COMPUTER VIRUSES AND OTHER HARMFUL ELEMENTS.
YOU ACKNOWLEDGE THAT COMPANY DOES NOT CONTROL IN ANY RESPECT ANY INFORMATION, PRODUCTS, OR SERVICES OFFERED BY THIRD PARTIES ON OR THROUGH THE SOFTWARE. EXCEPT AS OTHERWISE AGREED IN WRITING, COMPANY AND ITS AFFILIATES ASSUME NO RESPONSIBILITY FOR AND MAKE NO WARRANTY OR REPRESENTATION AS TO THE ACCURACY, CURRENCY, COMPLETENESS, RELIABILITY OR USEFULNESS OF CONTENT OR PRODUCTS DISTRIBUTED OR MADE AVAILABLE BY THIRD PARTIES THROUGH THE SOFTWARE.
IF YOU ARE DISSATISFIED WITH THE SOFTWARE, THE SERVICES OR WITH ANY OF THE TERMS, CONDITIONS, GUIDELINES, PRACTICES OR POLICIES OF COMPANY IN OPERATING THE SOFTWARE AND IN PROVIDING THE SERVICES YOU AGREE THAT YOUR SOLE AND EXCLUSIVE REMEDY SHALL BE TO DISCONTINUE USING THE SOFTWARE AND SERVICES.
15. Limitation of Liability
CONSUMER PROTECTION LAWS IN QUÉBEC PROHIBIT ANY STIPULATION THAT WOULD RELIEVE A MERCHANT FROM THE CONSEQUENCES OF HIS OR HER OWN ACTION. IF YOU ARE A QUÉBEC CONSUMER, THIS SECTION 15 DOES NOT APPLY TO THE EXTENT THAT IT WOULD RELIEVE THE COMPANY OR ITS REPRESENTATIVE(S) OF LIABILITY FOR ANY ACTION OF THE COMPANY.
UNDER NO CIRCUMSTANCES SHALL COMPANY, BE LIABLE TO YOU, OR TO ANY OTHER PARTY, FOR ANY LOSSES, COSTS OR DAMAGES OF ANY KIND OR NATURE WHATSOEVER THAT ARE SUFFERED OR INCURRED IN ANY CONNECTION WITH THE USE OF (OR THE INABILITY TO USE) THE SOFTWARE, SERVICES, OR ANY COMPANY CONTENT OR THIRD PARTY CONTENT (REGARDLESS OF THE FORM OF ACTION OR THEORY OF LIABILITY, INCLUDING FOR BREACH OF CONTRACT, TORT, NEGLIGENCE, EQUITY, STRICT LIABILITY, BY STATUTE OR OTHERWISE AND REGARDLESS OF THE OCCURRENCE OF A FUNDAMENTAL BREACH OR FAILURE OF ESSENTIAL PURPOSE) THAT EXCEEDS, IN THE AGGREGATE, THE AMOUNTS THAT YOU HAVE PAID COMPANY IN RESPECT OF THE SERVICES IN THE 30 DAY PERIOD THAT IMMEDIATELY PRECEEDED THE DATE OF YOUR CLAIM.
IN NO EVENT WHATSOEVER SHALL ANY OF THE COMPANY, ITS DIRECTORS, OFFICERS, EMPLOYEES, SHAREHOLDERS, AFFILIATES, AGENTS AND THIRD PARTY CONTRACTORS, SUPPLIERS AND LICENSORS (COLLECTIVELY THE “COMPANY PARTIES”) BE LIABLE FOR ANY SPECIAL, EXEMPLARY, PUNITIVE, CONSEQUENTIAL, INCIDENTAL OR INDIRECT DAMAGES OF ANY KIND OR NATURE WHATSOEVER THAT ARE SUFFERED OR INCURRED IN ANY CONNECTION WITH THE USE OF SOFTWARE OR THE PROVISION OF THE SERVICES (INCLUDING IN ANY CONNECTION WITH THE TRANSMISSION OR DOWNLOADING OR STORAGE OF ANY DATA OR SUBMISSIONS TO OR FROM THE SOFTWARE OR THE USE OF, OR RELIANCE ON, ANY COMPANY CONTENT OR OTHER INFORMATION OR DATA CONTAINED ON OR PROVIDED THROUGH THE SOFTWARE OR SERVICES, OR LOSS OF OR DAMAGE TO FILES OR DATA OR ANY COSTS OF RECOVERING OR REPRODUCING ANY FILES OR DATA OR LOSS OF USE OR LACK OF AVAILABILITY OF SERVICES OR ANY BUSINESS INTERRUPTION OR LOSS OF REVENUE OR PROFIT OR ANY OTHER ECONOMIC LOSS WHATSOEVER) HOWEVER CAUSED AND REGARDLESS OF THE FORM OR CAUSE OF ACTION AND WHETHER OR NOT FORESEEABLE, EVEN IF THE COMPANY PARTIES OR ANY OF THEM HAS BEEN INFORMED IN ADVANCE OR OUGHT REASONABLY TO HAVE KNOWN OF THE POTENTIAL FOR SUCH DAMAGES.
THE ENTIRE RISK AS TO THE RESULTS AND PERFORMANCE AND USE OF THE SOFTWARE, SERVICES AND ANY PROVIDED SUPPORT IS ASSUMED BY YOU.
KLAR SOLUTIONS SHALL NOT BE LIABLE FOR ANY FAILURE TO PERFORM ITS OBLIGATIONS HEREUNDER WHERE THE FAILURE RESULTS FROM ANY CAUSE BEYOND KLAR SOLUTIONS’ REASONABLE CONTROL, INCLUDING, WITHOUT LIMITATION, MECHANICAL, ELECTRONIC, OR COMMUNICATIONS FAILURE OR DEGRADATION.
All product, brand and company names and logos and trademarks displayed on the Software or used in connection with the Services are the trademarks of KLAR Solutions (or its suppliers, partner businesses or third party licensors). Any use of any of the marks appearing on the Software or in connection with the Services without the express written consent of KLAR Solutions or the owner of the mark, as appropriate, is strictly prohibited.
19. Jurisdiction and Choice of Law
CONSUMER PROTECTION LAWS IN QUÉBEC PROHIBIT ANY STIPULATION OF A LAW OTHER THAN THE LAWS OF QUÉBEC AND THE FEDERAL LAWS OF CANADA. IF YOU ARE A QUÉBEC CONSUMER, THE FOLLOWING PARAGRAPH DOES NOT APPLY.
20. Entire Agreement
21. Electronic Documents
22. Conformance with Law
KLAR Solutions Inc.
734 Concession Rd 3 W
KLAR Solutions may provide notices or communications to you on the Software and you agree that such notices shall constitute notice to you whether or not you actually access the notice.