Subscription and License Agreement
If you do not agree to these terms, do not use this mobile application. READ THE FOLLOWING TERMS IN THIS AGREEMENT CAREFULLY BEFORE USING THIS MOBILE APPLICATION. In this Agreement, the term "you" refers to: (i) an entity entering into this Agreement for use of its employees, (ii) an individual purchasing an Anesthesia Considerations subscription under this Agreement, either on his or her own behalf (or as agent for a corporation or other entity or organization); or (iii) an individual entering into this Agreement as a condition of using Anesthesia Considerations through a subscription purchased by a hospital, medical school, or other institution ("Institution"), where the individual is employed by or affiliated with the Institution.
Anesthesia Considerations, in consideration of the subscription fee paid to Anesthesia Considerations and your acceptance of this Agreement, grants you a non-exclusive, non-transferable license and right to use and access the Anesthesia Considerations mobile application in accordance with the applicable subscription terms
The Licensed Materials, including without limitation all copyrights and other intellectual property rights therein, are the sole and exclusive property of Anesthesia Considerations (or its parents, subsidiaries, affiliates, or designees) or its suppliers. By indicating that you accept these terms, you do not become the owner of the Licensed Materials, but are entitled to use them only according to the terms of this Agreement
You may occasionally print out individual pages for personal clinical, educational or research use and/or email individual articles to a colleague, provided that the articles printed and emailed by an individual Authorized User contain in aggregate only insubstantial portions of the Licensed Materials and include a source reference to Anesthesia Considerations and its copyright notice. Under no circumstances may Authorized Users print or email large numbers of articles from the Licensed Materials.
Except as expressly permitted in this Agreement, any copying, printing, distributing or modifying of the Licensed Materials is strictly prohibited. No part of the Licensed Materials may be copied for resale or other commercial use, or posted on public bulletin boards, web sites, Internet domains, or online chatrooms, or hyperlinked, indexed, or otherwise utilized by automated software means, including: search engines, robots, spiders, crawlers, data mining tools, or any other software that aggregates access to, or the content of, the Licensed Materials. The Licensed Materials may not be combined with other content in knowledge banks or through similar technologies. No part of the Licensed Materials may be reverse engineered or included in other software. You agree to comply with all applicable laws, including all US export laws and regulations, in connection with Your access and use of the Licensed Materials.
You have obtained the right to use and access the Licensed Materials for the subscription period for which you or your Institution have agreed to pay subscription fees. At the end of this period, your license and your associated rights, such as technical support, will expire automatically, unless you or your Institution have renewed your subscription on Anesthesia Consideration’s then-current terms. Anesthesia Considerations may embed technology in the Licensed Materials causing them to become inaccessible after your subscription period. The Agreement and your license to use the Licensed Materials will also terminate if you fail to comply with any term or condition in this Agreement.
RESTRICTION AGAINST TRANSFER:
You may not sublicense, assign, share, sell, rent, lease, or otherwise transfer your right to use the Licensed Materials (including your username and password) whether by merger, operation of law, or otherwise.
The Anesthesia Considerations mobile application is designed to offer users general health information for educational purposes only. The general health information furnished in this mobile application is not intended to replace personal consultation with a qualified healthcare professional. You must always seek the advice of a professional for questions related to your disease, disease symptoms, and appropriate therapeutic treatments. If you have or suspect that you have a medical problem or condition, please contact a qualified health care professional immediately. You should never disregard medical advice or delay in seeking it because of something you have read on this site. IF YOU HAVE AN EMERGENCY, CALL 9-1-1. This mobile application does not give medical advice, nor do we provide medical or diagnostic services. Neither this mobile application or any of its affiliates or employees guarantee that the content covers all possible uses, direction, precautions, drug interactions, or adverse effects that may be associated with any therapeutic treatments. You may not rely on the application of any information on this mobile application as being applicable to your specific circumstances. Neither this mobile application or any of its affiliates assume any liability or responsibility for damages or injury to you, other persons, or property arising from any use of any information, idea, or instruction contained in this mobile application.
USE OF PROFESSIONAL JUDGMENT:
The Licensed Materials describe basic principles of diagnosis and therapy. The information provided in the Licensed Materials is no substitute for individual patient assessment based upon the healthcare provider's examination of each patient and consideration of laboratory data and other factors unique to the patient. The Licensed Materials should be used as a tool to help the user reach diagnostic and treatment decisions, bearing in mind that individual and unique circumstances may lead the user to reach decisions not presented in the Licensed Materials. The opinions expressed in the Licensed Materials are those of its authors and editors and may or may not represent the official position of any medical societies cooperating with, endorsing or recommending the Licensed Materials.
LIMITATION OF LIABILITY:
IN NO EVENT WILL ANESTHESIA CONSIDERATIONS, ITS AFFILIATES OR ITS LICENSORS BE LIABLE TO YOU OR ANY OTHER PARTY FOR (I) ANY SPECIAL, INDIRECT, INCIDENTAL, RELIANCE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES; OR (II) FOR ANY OTHER LIABILITIES ARISING FROM ANY DAMAGES, FINES, COSTS OR EXPENSES, INCLUDING THOSE RELATING TO LOSS, UNAVAILABILITY, CORRUPTION, DISCLOSURE OR MISUSE OF DATA (INCLUDING THAT RELATING TO OR ARISING FROM A PERSONAL DATA BREACH) OR LOSS OF PROFITS, OR FOR INABILITY TO USE THE LICENSED MATERIALS, IN ALL CASES, TO ANY PARTY, EVEN IF ANESTHESIA CONSIDERATIONS, ITS AFFILIATES OR ITS LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, FINES, COSTS, EXPENSES AND OTHER LIABILITIES, OR THE SAME ARE REASONABLY FORESEEABLE. IN NO EVENT SHALL ANESTHESIA CONSIDERATIONS’, ITS AFFILIATES’ OR ITS LICENSORS’ LIABILITY FOR ANY DAMAGES OR LOSS TO YOU AND/OR ANY OTHER PARTY IN THE AGGREGATE EXCEED THE FEES PAID TO ANESTHESIA CONSIDERATIONS FOR YOUR USE OF THE LICENSED MATERIALS HEREUNDER IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM. Some jurisdictions do not allow the exclusion or limitation of certain types of loss, fines, costs, expenses or special, indirect, incidental, exemplary, or consequential damages, so the above limitation and exclusion may not apply to you.
You agree to defend, indemnify, and hold harmless Anesthesia Considerations and all its affiliates from all liabilities, claims, and expenses, including attorneys' fees, that arise from your use of this mobile application. This mobile application reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with this mobile application in asserting any available defenses.