AMH App End User License Agreement and Limited Warranty
Important - please read carefully.
Permission to use the App is conditional upon you agreeing to the terms set out in this end user license agreement and limited warranty (‘EULA’). This EULA sets out the basis upon which we permit you to use the App and Associated Data Content and includes an indemnity by you, warranty disclaimers, limitations of liability by us and a limited warranty.
By clicking to accept this EULA and/or installing the App or using the Associated Data Content, you agree to be bound by this EULA, and you agree that this EULA is enforceable like any written contract signed by you. If you do not wish to accept these terms, we do not authorise you to install or use the App or use the Associated Data Content.
In this EULA:
"we", "us", “our” and "AMH" means Australian Medicines Handbook Pty Ltd ACN 070 003 977;
“App” means the AMH App that we make available for download from our website or third-party app stores from time to time;
"Associated Data Content" is any information, data or other content contained or comprised in, or accessible or generated through the use of our website at www.amh.net.au or any other website which we use to provide data to the App.
2. Your rights to use the App and access Associated Data Content
2.1. Title and ownership of all proprietary rights, including any copyright, patent, trade secret, trademark or other intellectual property rights, in and to the Associated Data Content and App, and any copies thereof, remains the property of us or our licensors, and the source code underlying the App is our confidential and proprietary information. No ownership rights in the Associated Data Content or App or any copy thereof are being sold to you. Subject to the terms of this EULA, we grant you a personal, non-exclusive, non-transferable, non-sub licensable, revocable license to use the Associated Data Content and App solely for your personal, non-commercial purposes (if you are an individual) or for your own internal business purposes (if you are a business). Certain items of software included with the Associated Data Content and App are subject to “open source” or “free software” licenses (‘Open Source Software’). Some of the Open Source Software is owned by third parties. The Open Source Software is not subject to the terms and conditions of this EULA. Instead, each item of Open Source Software is licensed under the terms of the end user license that accompanies such Open Source Software. Nothing in this EULA limits your rights under, or grants you rights that supersede, the terms and conditions of any applicable end user license for the Open Source Software.
2.2. The license granted under clause 2.1 is subject to, and you must comply with, the following conditions:
(a) you must not copy, reproduce, translate, adapt, vary, modify, prepare derivative works from, publicly perform or publicly display any portion of the Associated Data Content or App without our written consent, except as expressly authorised by this EULA;
(b) you must not decompile, reverse engineer or otherwise attempt to derive the algorithms by which any portion of the App operates (except to the extent applicable laws specifically prohibit such restriction);
(c) you must not sell, rent, sublicense, distribute, transmit, disclose, publish, assign or otherwise transfer any rights in the Associated Data Content or App without our prior written consent;
(d) you must not permit any third party to benefit from the use or functionality of the App via a timesharing, service bureau or similar arrangement; and
(e) you must not remove or alter any trademark, logo, copyright or other proprietary notices, legends, symbols or labels displayed in the Associated Data Content or the App.
2.3. The Associated Data Content and App and all worldwide copyrights, trade secrets, and other intellectual property rights therein are the exclusive property of us and our licensors. The Associated Data Content and App (and any copies thereof) are licensed to you, not sold, under this EULA. There are no implied licenses in this EULA. Any intellectual property rights in the Associated Data Content and App not expressly granted to you are reserved, except that nothing in this EULA excludes or limits your rights to make reproductions of the Associated Data Content and App where, and to the extent that, such exclusions or limitations are not permitted by, or not effective at, law.
2.4. Rights in any trademarks used in association with the Associated Data Content and App are retained by us or our licensors. You will not use any of our trade marks without our written consent.
2.5. The App is designed to communicate over the internet. You acknowledge that transmitting data over the internet is not 100% secure or free from risk of compromise.
2.7. You agree to indemnify, defend, and hold harmless us, our affiliated companies, and our and their respective officers, directors, employees, subcontractors and agents (‘Indemnitees’) from and against any claims, suits, investigations and actions, including any associated loss (including reasonable costs and expenses), damage, cost, expense or other liability, brought by any third party against any Indemnitee to the extent based on or arising from any failure by you to comply with this EULA. You shall not settle any such claim without our consent unless such settlement forever and completely releases the indemnitees from all liability with respect to such claim. We shall not be obligated to indemnify, defend or hold you harmless with respect to any third-party claims arising out of or relating to the Associated Data Content or App, including without limitation any claims for intellectual property infringement.
3. Warranty Disclaimer for App
The App is provided “as is.” We make no warranty of any kind, either express or implied, with respect to the App. To the maximum extent permitted by law, we expressly disclaim any warranty of merchantability, fitness for a particular purpose or non-infringement. Without limiting the foregoing, we make no warranty that the App will be error-free or free from interruptions or other failures or that the App will meet your requirements.
Some jurisdictions do not allow some of the foregoing exclusions or limitations, so some of these exclusions or limitations may not apply to you.
4. Limitation of Liabilities
4.1. If you purchased or use the App in Australia, the App comes with guarantees that cannot be excluded under the Australian Consumer Law, including guarantees that the App will be of acceptable quality and reasonably fit for purpose. Where conditions, warranties or guarantees implied by or otherwise arising under applicable law cannot be lawfully excluded, then to the extent permitted by law, we limit our liability for a breach of any such condition, warranty or guarantee, where we are entitled to do so, at our option, to the following: in respect of services, the resupply of the relevant services or paying the cost of that resupply; and, in respect of goods, the repair or replacement of the relevant goods or paying the cost of that repair or replacement.
4.2. We are not liable for any internet access or data usage fees or charges associated with your use of the Associated Data Content or App or access to any information provided through our website or any third party website or otherwise.
4.3. We will have no liability with respect to the Open Source Software or your use thereof.
4.4. You expressly acknowledge and agree that use of the App and the Associated Data Content is at your sole risk. We do not directly or indirectly practice medicine or dispense medical or pharmaceutical services and we assume no liability for the App and the Associated Data Content or any results obtained from the use thereof. The information contained in the App and the Associated Data Content is not intended in any way to be used as medical or pharmaceutical advice or to replace medical or pharmaceutical advice offered to you by health care professionals familiar with any patient’s condition. We recommend you consult with a qualified health care provider prior to using the App and the Associated Data Content. You assume full responsibility for the appropriate use of the App and the Associated Data Content and agree to hold us and our third party providers harmless from any and all claims or actions arising from your use of the App and the Associated Data Content.
4.5. To the maximum extent permitted by law, we and our affiliated companies and licensors will not be liable to you or any other person for any special, incidental, indirect, exemplary, punitive or consequential damages, loss of revenue, loss of profits, loss of data, loss of goodwill or credit, loss of reputation or future reputation or publicity or loss of anticipated savings, however caused (whether by negligence or otherwise), arising out of or relating to this EULA, the App or the Associated Data Content, even if we know or have been advised of the possibility of such loss or damage.
4.6. Without limiting clauses 4.1 to 4.5 (inclusive), if we or our affiliated companies or licensors are liable to you for damages (on any basis, including negligence) under or in connection with this EULA, the App or the Associated Data Content, then to the maximum extent permitted by law, the maximum aggregate liability of us, our affiliated companies and licensors for those damages will not exceed the total amount of the purchase price or fees you have paid to us (or our authorised resellers) to obtain the App or Associated Data Content. These limitations shall apply notwithstanding any failure of essential purpose of any remedy. You acknowledge and agree that the foregoing limitations of liability are essential elements of the bargain and that in the absence of such limitations, the financial and other terms of this EULA would be substantially different. Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so these limitations may not apply to you. Nothing in this EULA excludes or limits any liability of us that cannot be excluded or limited under applicable law.
Nothing in this EULA entitles you to support or maintenance services, updates or new releases in respect of the App. However, if we in our absolute discretion supply you with updates or new releases in respect of the App, then they will be subject to this EULA. You are solely responsible for the installation of any update or new release.
6. Term and Termination
This EULA and the licenses granted hereunder are effective on the date you first use the App or Associated Data Content and shall continue until this EULA is terminated under this section. We may terminate this EULA immediately: (a) without notice at any time if you fail to comply with any term(s) hereof; or (b) otherwise for any reason by notice to you in writing. You may terminate this EULA effective immediately upon written notice to us. Upon termination of this EULA, you must stop all use of the App and Associated Data Content and we will terminate your ability to use the App to access the Associated Data Content and the licenses granted hereunder will terminate, but the definitions and the rights, duties and obligations of the parties that by their nature continue and survive (including, without limitation, the provisions concerning ownership, limitation and exclusion of liability, indemnity and the warranty disclaimers) shall survive any termination of this EULA.
7.1. Neither the rights nor the obligations arising under this EULA are assignable by you, and any such attempted assignment shall be void and without effect. This Agreement is binding upon and is for the benefit of the respective successors and assigns of the parties hereto.
7.2. Failure or neglect by either party to enforce at any time any of the provisions of this EULA will not be construed or deemed to be a waiver of that party's rights under this EULA. A waiver of any default is not a waiver of any subsequent default.
7.3. This EULA and any software licence agreement between us and your employer or you contains the entire agreement between you and us concerning the subject matter hereof and supersedes any other prior or contemporaneous oral understanding or agreement or any other prior written agreement regarding this subject matter.
7.4. If any provision of this EULA is unenforceable, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.
7.5. You agree that this EULA, and any claim, dispute, action, cause of action, issue, or request for relief relating to this EULA will be governed by the laws of South Australia and the parties submit to the non-exclusive jurisdiction of the courts of South Australia. Notwithstanding the foregoing, a material breach of this EULA adversely affecting our proprietary rights would cause irreparable harm to us for which a remedy at law would be inadequate, and we will be entitled to seek injunctive relief in any court having jurisdiction to protect our intellectual property or confidential information. The courts in some countries will not apply South Australian law to some types of disputes. If you reside in one of those countries, then where South Australian law is excluded from applying, your country’s laws will apply to such disputes related to these terms. This EULA shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded.
8. Contact Information
Australian Medicines Handbook Pty Ltd
Level 13, 33 King William Street, Adelaide, South Australia 5000, Australia
+61 8 7099 8800
Effective: 1 August 2018