By agreeing to have any of Trinity University (“Trinity”)’s software products, applications or apps (collectively, the “Licensed Software”) installed on your device and your use of the Licensed Software, you agree to comply with the terms of this End User License Agreement (“EULA”). If you do not agree to the terms of this EULA, do not install or use the Licensed Software and uninstall it from your device. This EULA applies to any upgrades and supplements to the original Licensed Software provided.
1. Medical Disclaimer: The content of the Licensed Software is intended for use only as a research tool for data collection. It is not, is not intended to be, and should not be used in any way as a substitute for professional medical advice or training. The user acknowledges in initiating this application that the information is not meant to diagnose a health condition or disease and is not meant to develop a health treatment plan. If you are in an emergency or life-threatening medical situation, seek medical assistance immediately. Dial emergency number (911 in the USA) for emergency medical services.
2. Privacy. Your use of the Licensed Software shall be governed pursuant to the applicable study’s consent form, including the Statement of Confidentiality contained in that consent form (collectively, the “Consent Form”). In the event of any conflict between the Consent Form and this EULA, the Consent Form will govern.
3. License. The Licensed Software is owned by Trinity. The Licensed Software is licensed, not sold, only under the terms of this EULA. Acceptance and installation of the software indicates your acceptance of the terms and conditions of this EULA. In consideration of your acceptance of the terms and conditions contained in this EULA, Trinity grants you a non-exclusive license to use the Licensed Software and the associated documentation for your own needs on one device. You are not licensed to rent, lease, transfer, or distribute the Licensed Software. Title to the Licensed Software, including media and documentation, remains with Trinity. You may not copy, reproduce or make data transmissions, in whole or in part, except as is necessary for back-up or archival purposes. You may not reverse engineer, translate, disassemble, decompile the Software or create similar software in whole or in part. You acknowledge and agree that that Trinity has the absolute right to obtain injunctive relief to protect Trinity’s proprietary rights. Trinity and you acknowledge and agree that this EULA is made between Trinity and you only, and does not include any app store provider (e.g., Google, Apple, etc.). Trinity is solely responsible for the Licensed Software and its content.
4. Term and Termination. The license is effective upon acceptance and installation of the Licensed Software and shall continue until terminated. You may terminate it at any time by uninstalling the Licensed Software. Trinity has the right to terminate this EULA if you fail to comply with any term or condition of this EULA. Upon termination you shall stop all use of and uninstall the Licensed Software.
5. Disclaimer of Warranty. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE LICENSED SOFTWARE IS PROVIDED “AS IS” AND “AS AVAILABLE” FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, THE ABOVE EXCLUSION OF IMPLIED WARRANTIES MAY NOT APPLY TO YOU. TRINITY HAS NO OBLIGATION TO CONTINUE TO MAINTAIN OR UPDATE THE LICENSED SOFTWARE, NOR TO CORRECT ANY ERRORS IN THE LICENSED SOFTWARE.
6. Limitations of Liability. TO THE EXTENT NOT PROHIBITED BY APPLICABLE LAW, IN NO EVENT WILL TRINITY BE LIABLE FOR ANY DAMAGES, INCLUDING FOR LOSS OF DATA, LOSS OF USE, OR INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES SOLELY AS RELATE TO OR ARISES OUT OF THE USE OF THE LICENSED SOFTWARE, WHETHER BASED UPON WARRANTY, CONTRACT, TORT, OR OTHERWISE, WHETHER OR NOT INJURY WAS SUSTAINED BY PERSONS OR PROPERTY OR OTHERWISE. TRINITY’S MAXIMUM LIABILITY ARISING OUT OF THE LICENSED SOFTWARE SHALL BE ONE HUNDRED DOLLARS ($100.00).
7. Miscellaneous. This EULA constitutes the entire agreement between the parties concerning the Licensed Software and supersedes all prior agreements and understandings, both written and oral, with respect to the subject matter of this EULA. No amendment to or modification of this EULA will be binding unless in writing and signed by Trinity. This EULA is binding on and inures to the benefit of the parties and their respective successors and assigns. You may not assign any of your rights or obligations under this EULA without the prior written consent of Trinity. Any breach of Section 2 will cause irreparable harm to Trinity for which damages would not be an adequate remedy, and Trinity is entitled to injunctive relief with respect to any violation in addition to any other remedies. If any provision of this EULA is declared void or unenforceable, then the provision is automatically amended to the minimum extent required to make it valid, legal, enforceable and nearest to the original intent, and the other provisions remain in full force and effect. The waiver of a breach does not operate as a waiver of any subsequent breach. Trinity may send you notice with respect to the Licensed Software by sending an email message to your email address or a letter via postal mail to your mailing address. Notices shall become effective immediately. This EULA is governed in all respects by the laws of Texas without giving effect to any conflicts of laws provisions.