OhioHealth for mobile device software product (the "Product"), as made available through the application distributor, is licensed, not sold, to you. As used herein, "you" and "your" refer to the individual or entity that wishes to use the Licensed Application. Your license to this Product is subject to your prior acceptance of this Licensed Application End User License Agreement (this "License"), and you agree that the terms of this License will apply to this Product. Your license to this Product under this Licensed Application End User License Agreement is granted by OhioHealth Corporation ("Licensor"). This Product, as subject to the license granted under this License, is referred to herein as the "Licensed Application." Licensor reserves all ownership and intellectual property rights in and to the Licensed Application.
This Licensed Application supports the mobile device and certain supported data networks, and enables users to access, review and use certain data (and perform certain actions with such data) where such data is provided either by OhioHealth or by a connection to an instance of the Licensor's server edition of MyChart, an application licensed from a third party.
a. Scope of License: This license granted to you for the Licensed Application by Licensor is limited to a non-exclusive, non-transferable, non-sublicensable, revocable limited license to run the Licensed Application on your mobile device solely for the purpose of performing those functions and tasks available to you as an end user of the Licensed Application who: (1) connects to a properly licensed version of the server edition of OhioHealth offered by Licensor and (2) who is using any mobile device that you own or control and as permitted by the usage rules of the applicable application distributor (the "Usage Rules"). The OhioHealth application also uses third party software licensed to OhioHealth. This license does not allow you to use the Licensed Application on any mobile device that you do not own or control, and you may not distribute or make the Licensed Application available over a network where it could be used by multiple devices at the same time. You may not rent, lease, lend, sell, redistribute or sublicense the Licensed Application. You may not copy (except as expressly permitted by this license and the Usage Rules), decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Licensed Application, any updates, or any part thereof (except as and only to the extent any foregoing restriction is prohibited by applicable law or to the extent as may be permitted by the licensing terms governing use of any open sourced components included with the Licensed Application). Any attempt to do so is a violation of the rights of the Licensor and its licensors. If you breach this restriction, you may be subject to prosecution and damages. You are not permitted to use the Licensed Application for any purpose other than as expressly permitted under this License. You acknowledge that Licensor may audit your use of the Licensed Application.
The terms of the license will govern any upgrades provided by Licensor that replace and/or supplement the original Product, unless such upgrade is accompanied by a separate license in which case the terms of that license will govern, and you agree to promptly install any such upgrade and cease use of the prior version. Nothing in this paragraph creates an obligation for Licensor to prepare or provide any upgrades to the Product.
b. Consent to Use of Data: You agree that Licensor may collect, store, process, maintain, upload, sync, transmit, share, disclose and use certain data and information, including but not limited to information or data regarding the characteristics or usage of your device, system and application software, and peripherals as well as personal information, user location data and user content (collectively "User Data") to facilitate the provision of services or functionality for the Licensed Application, including, but not limited to authentication, performance optimization, software updates, product support and other services (if any) to you related to the Licensed Application or to otherwise improve Licensor's products or to provide services or technologies to you. You acknowledge that use of the Licensed Application may result in User Data being transmitted between your device and a database server designated by Licensor and that such User Data may be collected, stored, processed, maintained and used by Licensor and/or transmitted or disclosed to or accessed by Licensor's third party licensors and other third parties as required to operate the application More specifically, but without limiting the foregoing, you acknowledge that: (1) information regarding the hardware model and the mobile operating system version of the device on which you are running the Product may be collected, transmitted to and stored on a database server designated by Licensor and may be transmitted to Licensor's third party licensors and may be used to make changes, updates or improvements to or to optimize the performance of the Product or to otherwise inform future development; and (2) audit logs reflecting your logins, logouts and the activities you have accessed through your use of the Licensed Application may be generated in connection with your use of the Product and may be collected, transmitted and stored on a database server designated by Licensor (and may be made available to Licensors third party licensors) for troubleshooting. BY CLICKING ON THE "ACCEPT" BUTTON, YOU EXPRESSLY CONSENT TO THE FOREGOING COLLECTION, STORAGE, PROCESSING, MAINTENANCE, UPLOADING, SYNCING, TRANSMITTING, SHARING, OR DISCLOSURE OF USER DATA. By continuing to use the Licensed Application, you indicate your continued consent to such collection, storage, processing, maintenance, uploading, syncing, transmitting, sharing, or disclosure of User Data as well as any collection, storage, transmission and use of data of the type and in the manner described in the application's permission settings on your mobile device, if any, located within the Licensed Application.
c. Termination. This License is effective until terminated by you or Licensor. Your rights under this License will terminate automatically without notice from the Licensor if you fail to comply with any term(s) of this License. Upon termination of this License, you shall cease all use of the Licensed Application, and destroy all copies, full or partial, of the Licensed Application.
d. Services; Third Party Materials. The Licensed Application may enable access to Licensor's and third party services and web sites (collectively and individually, "Services"). Use of the Services may require Internet access and that you accept additional end user license agreements and/or terms of service. You understand that by using any of the Services, you may encounter content that may be deemed offensive, indecent, or objectionable, which content may or may not be identified as having explicit language, and that the results of any search or entering of a particular URL may automatically and unintentionally generate links or references to objectionable material. Nevertheless, you agree to use the Services at your sole risk and acknowledge that certain Services may display, include or make available content, data, information, applications or materials from third parties ("Third Party Materials") or provide links to certain third party web sites. By using the Services, you acknowledge and agree that the Licensor is not responsible for examining or evaluating the content, accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect of such Third Party Materials or web sites. The Licensor does not warrant or endorse and does not assume and will not have any liability or responsibility to you or any other person for any Services, Third Party Materials or web sites, or for any other materials, products, or services of third parties. Third Party Materials and links to other web sites are provided solely as a convenience to you. Neither the Licensor, nor any of its content providers guarantees the availability, accuracy, completeness, reliability, or timeliness of any information or data displayed by any Services or any Third Party Materials.
You agree that any Services may contain proprietary content, information and material that is protected by applicable intellectual property and other laws, including but not limited to copyright, and that you will not use such proprietary content, information or materials in any way whatsoever except for permitted use of the Services. No portion of the Services may be reproduced in any form or by any means. You agree not to modify, rent, lease, loan, sell, distribute, or create derivative works based on the Services, in any manner, and you shall not exploit the Services in any unauthorized way whatsoever, including but not limited to, by trespass or burdening network capacity. You further agree not to use the Services in any manner to harass, abuse, stalk, threaten, defame or otherwise infringe or violate the rights of any other party, and that the Licensor is not in any way responsible for any such use by you, nor for any harassing, threatening, defamatory, offensive or illegal messages or transmissions that you may receive as a result of using any of the Services. You agree to comply with any applicable third party terms of agreement when using the Licensed Application (e.g., you must not be in violation of a wireless data service agreement when using the Licensed Application). The application distributor is not responsible for any third party claims that the Licensed Application or your possession and use of that Licensed Application infringes that third party's intellectual property rights.
In addition, third party Services and Third Party Materials that may be accessed from, displayed on or linked to from the mobile device are not available in all languages or in all countries. The Licensor makes no representation that such Services and Third Party Materials are appropriate or available for use in any particular location. To the extent you choose to access such Services or Third Party Materials, you do so at your own initiative and are responsible for compliance with any applicable laws, including but not limited to applicable local laws. The Licensor, and its licensors, reserve the right to change, suspend, remove, or disable access to any Services or Third Party Materials at any time without notice. In no event will the Licensor be liable for the removal of or disabling of access to any such Services or Third Party Materials. The Licensor may also impose limits on the use of or access to certain Services or Third Party Materials, in any case and without notice or liability.
Licensor provides limited technical support to you or any end user. Technical support can be reached at (614) 533.6924 or at firstname.lastname@example.org. Licensor and you acknowledge that the application distributor has no obligation whatsoever to furnish any maintenance and support services with respect to the Licensed Application.
e. NO WARRANTY: YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE LICENSED APPLICATION AND YOUR RELIANCE ON THE OPERATION, OUTPUT OR RESULTS OF THE LICENSED APPLICATION IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE LICENSED APPLICATION AND ANY SERVICES PERFORMED OR PROVIDED BY THE LICENSED APPLICATION ("APPLICATION SERVICES") ARE PROVIDED "AS IS" AND "AS AVAILABLE", WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND LICENSOR HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE LICENSED APPLICATION AND ANY APPLICATION SERVICES, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. LICENSOR DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE LICENSED APPLICATION, THAT THE FUNCTIONS CONTAINED IN, OR APPLICATION SERVICES PERFORMED OR PROVIDED BY, THE LICENSED APPLICATION WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE LICENSED APPLICATION OR APPLICATION SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE LICENSED APPLICATION OR APPLICATION SERVICES WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY LICENSOR, ITS AUTHORIZED REPRESENTATIVE, OR LICENSOR'S THIRD PARTY LICENSORS SHALL CREATE A WARRANTY. SHOULD THE LICENSED APPLICATION OR APPLICATION SERVICES PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU. IN THE EVENT OF ANY FAILURE OF THE LICENSED APPLICATION TO CONFORM TO ANY APPLICABLE WARRANTY, YOU MAY NOTIFY THE APPLICATION DISTRIBUTOR, AND THE APPLICATION DISTRIBUTOR WILL REFUND THE PURCHASE PRICE FOR THE LICENSED APPLICATION TO YOU, IF ANY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE APPLICATION DISTRIBUTOR WILL HAVE NO OTHER WARRANTY OBLIGATION WHATSOEVER WITH RESPECT TO THE LICENSED APPLICATION. THE APPLICATION DISTRIBUTOR SHALL HAVE NO WARRANTY OBLIGATION WHATSOEVER WITH RESPECT TO THE PROGRAM AND NO OBLIGATION TO ADDRESS ANY OF YOUR CLAIMS OR CLAIMS OF ANY THIRD PARTY RELATING TO THE LICENSED APPLICATION OR YOUR POSSESSION AND/OR USE OF THE LICENSED APPLICATION, INCLUDING, BUT NOT LIMITED TO: (I) PRODUCT LIABILITY CLAIMS; (II) ANY CLAIM THAT THE LICENSED APPLICATION FAILS TO CONFORM TO ANY APPLICABLE LEGAL OR REGULATORY REQUIREMENT; AND (III) CLAIMS ARISING UNDER CONSUMER PROTECTION OR SIMILAR LEGISLATION.
f. Limitation of Liability. TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL LICENSOR BE LIABLE FOR PERSONAL INJURY, OR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOST OR MODIFIED DATA, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE LICENSED APPLICATION, APPLICATION SERVICES, SERVICES, OR THIRD PARTY MATERIALS HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE) AND EVEN IF LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. In no event shall Licensor's total liability to you for all damages exceed the amount of fifty dollars ($50.00). The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.
g. Export Restrictions. You may not use or otherwise export or re-export the Licensed Application except as authorized by United States law and the laws of the jurisdiction in which the Licensed Application was obtained. In particular, but without limitation, the Licensed Application may not be exported or re-exported (a) into any U.S. embargoed countries or (b) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Department of Commerce Denied Person's List or Entity List. By using the Licensed Application, you represent and warrant that you are not located in any such country or on any such list. You also agree that you will not use the Product for any purposes prohibited by United States law, including, without limitation, the development, design, manufacture or production of nuclear, missiles, or chemical or biological weapons.
h. U.S. Government Users. The Licensed Application and related documentation are "Commercial Items", as that term is defined at 48 C.F.R. §2.101, consisting of "Commercial Computer Software" and "Commercial Computer Software Documentation", as such terms are used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202, as applicable. Consistent with 48 C.F.R. §12.212 or 48 C.F.R. §227.7202-1 through 227.7202-4, as applicable, the Commercial Computer Software and Commercial Computer Software Documentation are being licensed to U.S. Government end users (a) only as Commercial Items and (b) with only those rights as are granted to all other end users pursuant to the terms and conditions herein. Unpublished-rights reserved under the copyright laws of the United States.
i. Licensor. The Licensor of the Licensed Application is OhioHealth Corporation and is located at: 180 E. Broad Street, Columbus, OH, 43215. Any legal inquiries may be sent to OhioHealth Corporation, Attn: Office of the General Counsel, 180 E. Broad Street, Columbus, Ohio 43215.
j. Third party beneficiary. You acknowledge and agree that the application distributor and its subsidiaries are third-party beneficiaries to this license, and that, upon your acceptance of this License, the application distributor will have the right (and will be deemed to have accepted the right) to enforce the terms of this License against you as a third party beneficiary thereof.
k. Choice of law; venue. The laws of the State of Ohio, excluding its conflicts of law rules, govern this license, its construction, and your use of the Licensed Application. Any action arising under this License shall be brought exclusively in Ohio, and you and Licensor expressly consent to the personal jurisdiction of the state and federal courts located in Ohio for such purposes. Your use of the Licensed Application may also be subject to other local, state, national, or international laws.
OhioHealth takes very seriously its obligation to protect the confidentiality of your personal information. The OhioHealth mobile device application for consumers is intended to connect to servers and systems operated and maintained by OhioHealth in order to provide you mobile access to those systems and to your health information. The application may also contain components with content hosted by third parties.