SOFTWARE END-USER LICENCE AGREEMENT
This end-user licence agreement (EULA) is a legal agreement between you (End-user or you) and Omron Healthcare Singapore Pte Ltd, 438A Alexandra Road#05-05/08, Alexandra Technopark, Singapore 119967 (Licensor, us or we) for the use of the OMRON connect software(Software) that is downloaded, installed and/or used in Singapore.
We license use of the Software to you on the basis of this EULA and subject to any rules or policies applied by any appstore provider, such as but not limited to the Apple AppStore or the Google Play Store (Third Party Rules). We do not sell the Software to you. We remain the owners of the Software at all times.
By clicking the checkbox and pressing the nextbutton below YOU AGREE to the terms of this EULA which will bind you. The terms of this EULA include, in particular, a disclaimer clarifying that the Software does not provide medical advice (section 1.4) and limitations of liability (section 6).
If you do NOT AGREE to the terms of this EULA, we will not license the Software to you and you should stop the downloading process now. In this case the downloading process will terminate.
FURTHER CONTENTS OF THIS EULA:
- Grant and scope of licence
- Licence restrictions
- Acceptable use restrictions
- Intellectual property rights
- Limitation of liability and indemnification
- Communication between us
- Events outside our control
- Other important terms
- The terms of this EULA apply to the Software, including any updates or supplements thereto, unless such updates or supplements come with separate terms, in which case those terms apply.
- We may change the terms of this EULA at any time by notifying you of a change when you next start or use the Software. The new terms may be displayed on-screen and you may be required to read and accept them to continue your use of the Software.
- From time to time updates to the Software may be issued through the appstore provider. Depending on the update, you may not be able to use the Software until you have downloaded or streamed the latest version of the Software and accepted any new terms. However, even if the Software is outdated, we are under no obligation to update the Software.
- YOU UNDERSTAND THAT THE SOFTWARE IS PROVIDED ‘AS IS’ AND THAT IT IS NOT INTENDED TO AMOUNT TO ANY ADVICE, INCLUDING BUT NOT LIMITED TO MEDICAL ADVICE, OR FOR DIAGNOSTIC PURPOSES ON WHICH RELIANCE SHOULD BE PLACED. WE ARE NOT A MEDICAL CARE PROVIDER AND DO NOT PROVIDE MEDICAL ADVICE. THE SOFTWARE IS NOT INTENDED TO BE RELIED UPON IN LIEU OF MEDICAL TREATMENT OR ADVICE BY A TRAINED MEDICAL CARE PROVIDER. ALWAYS CONSULT YOUR DOCTOR OR OTHER HEALTHCARE PROFESSIONAL WITH ANY QUESTIONS REGARDING ANY MEDICAL CONDITION, OR FOR SPECIFIC GUIDANCE REGARDING NUTRITION OR PHYSICAL ACTIVITY.
- The Software may contain links to or provide a connectivity functionality with other independent third-party websites or mobile device applications (Third-party Sites). These Third-party Sites are not under our control, and we are not responsible for and do not endorse their content, their data privacy governance and/or their privacy policies (if any). You will need to make your own independent judgement regarding your interaction with any Third-party Sites, including the purchase and use of any products or services accessible through them.
- Any words following the terms including, include, in particular or for example or any similar phrase shall be construed as illustrative and shall not limit the generality of the related general words.
GRANT AND SCOPE OF LICENCE
- In consideration of you agreeing to abide by the terms of this EULA, we grant you a non-transferable, non-exclusive licence to use the Software on your smartphone(s)or tablet(s)(Devices), subject to these terms and the Third Party Rules, incorporated into this EULA by reference. To the extent of any inconsistency between the terms of this EULA and the Third Party Rules, the terms of this EULA shall prevail. We reserve all other rights.
- You may download a copy of the Software onto your Devices and to view, use and display the Software on the Devices for your personal purposes only.
- Non-personal or anonymous data may be collected automatically to improve functionality of the Software. You agree that any non-personal or anonymous data collected may be sent to other parties for processing.
Except as expressly set out in this EULA or as permitted by any local law, you agree:
- not to copy the Software except where such copying is incidental to normal use of the Software, or where it is necessary for the purpose of back-up or operational security;
- not to rent, lease, sub-license, loan, translate, merge, adapt, vary or modify the Software;
- not to make alterations to, or modifications of, the whole or any part of the Software, or permit the Software or any part of it to be combined with, or become incorporated in, any other programs;
- not to disassemble, decompile, reverse-engineer or create derivative works based on the whole or any part of the Software or attempt to do any such thing except to the extent that such actions cannot be prohibited under local law, if applicable, provided that the information obtained by you during such activities:
- is not unnecessarily disclosed or communicated without our prior written consent to any third party; and
- is not used to create any software that is substantially similar to the Software.
ACCEPTABLE USE RESTRICTIONS
- not use the Software in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with this EULA, or act fraudulently or maliciously, for example, by hacking into or inserting malicious code, including viruses, or harmful data, into the Software or any operating system;
- not infringe our intellectual property rights or those of any third party in relation to your use of the Software(to the extent that such use is not licensed by this EULA);
- not transmit any material that is defamatory, offensive or otherwise objectionable in relation to your use of the Software; and
- not use the Software in a way that could interfere with other users or damage, disable, overburden, impair or compromise our systems or security or those of any third party in relation with the Software.
INTELLECTUAL PROPERTY RIGHTS
- You acknowledge that all intellectual property rights in the Software anywhere in the world belong to us or our licensors, that rights in the Software are licensed (not sold) to you, and that you have no rights in, or to, the Software other than the right to use the Software in accordance with the terms of this EULA.
- You acknowledge that you have no right to have access to the Software in sourcecode form.
- You will not challenge the validity of any of our intellectual property rights licensed pursuant to this EULA, or oppose any application for the registration of such intellectual property rights.
- If you suggest any new features or functionality that we, in our sole discretion, adopt into the Software, such new features or functionality will be the sole and exclusive property of the Licensor and any and all claims of the End-user as to the same are hereby waived and released.
LIMITATION OF LIABILITY AND INDEMNIFICATION
- You acknowledge that the Software has not been developed to meet your individual requirements, and that it is therefore your responsibility to ensure that the facilities and functions of the Software meet your requirements. You agree that you use the Software at your own risk.
- We only supply the Software for domestic and private use. You agree not to use the Software for any commercial, business or reselling purposes.
- Use of and access to the Software is permitted on a temporary basis, and we reserve the right to withdraw or amend Software without notice. From time to time, we may restrict access to some parts of the Software or to the entire Software, or to users who have registered with us. We will not be liable if for any reason the Software is unavailable at any time or for any period.
- TO THE EXTENT PERMITTED BY LAW,THE SOFTWARE IS PROVIDED WITHOUT ANY GUARANTEES, CONDITIONS OR WARRANTIES AS TO ITS ACCURACY, PERFORMANCE OR UNINTERRUPTED SERVICE. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY THE SOFTWARE, A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR DEVICES, COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SOFTWAREOR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT. FURTHERMORE, TO THE EXTENT PERMITTED BY LAW, WE, OTHER MEMBERS OF OUR GROUP OF COMPANIES AND THIRD PARTIES CONNECTED TO US HEREBY EXPRESSLY EXCLUDE:
- ALL GUARANTEES, CONDITIONS, WARRANTIES AND OTHER TERMS WHICH MIGHT OTHERWISE BE IMPLIED;
- ANY LIABILITY FOR ANY DIRECT, INDIRECT OR CONSEQUENTIAL LOSS OR DAMAGE INCURRED BY ANY USER IN CONNECTION WITH THE SOFTWARE OR IN CONNECTION WITH THE USE, INABILITY TO USE, OR RESULTS OF THE USE OF THE SOFTWAREAND ANY MATERIALS POSTED ON IT, INCLUDING BUT NOT LIMITED TO:
WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.
- LOSS OF INCOME OR REVENUE;
- LOSS OF BUSINESS;
- BUSINESS INTERRUPTION;
- LOSS OF BUSINESS OPPORTUNITY;
- LOSS OF PROFIT OR CONTRACTS;
- LOSS OF ANTICIPATED SAVINGS;
- LOSS OF DATA;
- LOSS OF GOODWILL;
- WASTED MANAGEMENT OR OFFICE TIME;
- INJURY OR DEATH
- In the event that this EULA involves a supply of goods or services to a consumer as defined in the Consumer Protection (Fair Trading) Act (Chapter 52A) (CPFTA), nothing contained in this EULA purports to exclude, restrict or modify any condition, guarantee, warranty or other obligation which is applicable to or is conferred on the Licensor pursuant to the CPFTA, where to exclude, restrict or modify any such condition, warranty or other obligation is unlawful.
- YOU AGREE TO INDEMNIFY, DEFEND AND HOLD LICENSOR HARMLESS FROM ANY LIABILITY, LOSS, CLAIM AND EXPENSE, INCLUDING REASONABLE ATTORNEY FEES AND EXPENSES, RELATED TO YOUR BREACH OF THIS EULA OR YOUR USE OF THE SOFTWARE.
- We may terminate this EULA immediately and without incurring any liability by written notice to you:
- if you commit a material or persistent breach of this EULA which you fail to remedy (if remediable) within 14 days after the service of written notice requiring you to do so;
- if you breach any of the Licence Restrictions (section 3) or the Acceptable Use Restrictions (section 4); and
- if we decide in our sole discretion to no longer support the Software and discontinue the Software indefinitely.
- On termination for any reason:
- all rights granted to you under this EULA shall cease;
- you must immediately cease all activities authorised by this EULA, including your use of the Software;
- you must immediately delete or remove the Software from all Devices, and immediately destroy all copies of the Software then in your possession, custody or control and certify to us that you have done so;
- and thereafter, you remain bound by the sections that by their nature or intended character can survive expiration or termination of this EULA, such as, but not limited to section 1, 5, 6, 10 and this section.
COMMUNICATION BETWEEN US
If you have any concerns about the Software or if you have any questions or comments regarding this EULA or if any condition in this EULA requires you to give us notice in writing, then please contact us by e-mail at: firstname.lastname@example.org or by regular mail to: Omron Healthcare Singapore Pte Ltd, 438A Alexandra Road#05-05/08, Alexandra Technopark, Singapore 119967. We will confirm receipt of this by contacting you in writing, normally by e-mail. You acknowledge and consent that your questions or comments including your personal information provided by you may be disclosed to our affiliated companies outside Singapore, including our ultimate holding company and its subsidiaries for the purpose of responding to the questions or comment or storing such information in our servers in Japan or other countries.
EVENTS OUTSIDE OUR CONTROL
- We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under this EULA that is caused by any act or event beyond our reasonable control, including failure of public or private telecommunications networks (Event Outside Our Control).
- If an Event Outside Our Control takes place that affects the performance of our obligations under this EULA:
- our obligations under this EULA will be suspended and the time for performance of our obligations will be extended for a period equal to the duration of the Event Outside Our Control; and
- we will use our reasonable endeavours to find a solution by which our obligations under this EULA may be performed despite the Event Outside Our Control.
OTHER IMPORTANT TERMS
- You acknowledge and consent that we may collect anonymous data such as your access history, operation history within the Software, search history, IP address, dates, reference/exit pages and any other information about your use of the Software (User History Information), and that we may use third-party analytical services to analyse User History Information for the purpose of improving the Software or others. Information recorded using such analytical services will not contain personally identifiable information.
- We may transfer our rights and obligations under this EULA to another organisation, but this will not affect your rights or your obligations under this EULA.
- You may only transfer your rights or obligations under this EULA to another person if we agree in writing.
- If we fail to insist that you perform any of your obligations under this EULA, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
- Each of the conditions of this EULA operates separately. If any court or competent authority decides that any of them are unlawful or unenforceable, the remaining conditions will remain in full force and effect.
- This EULA, its subject matter and its formation, are governed by the laws of Singapore.
- Without prejudice to any right of the parties hereto to apply to any competent court for injunctive relief, any dispute arising out of or in connection with this EULA, including any question regarding its existence, validity or termination, shall be referred to and finally resolved by arbitration in Singapore in accordance with the Arbitration Rules of the Singapore International Arbitration Centre (SIAC) for the time being in force, which rules are deemed to be incorporated by reference in this clause. The tribunal shall consist of one arbitrator to be appointed by the chairman of the SIAC. The language of the arbitration shall be English.
- Notwithstanding anything in this Agreement, the parties hereto acknowledge and agree that they shall have the right at any time to apply to any competent court for interim injunctive relief in relation to any dispute arising out of or in connection with this EULA.
- This EULA is the complete and exclusive statement of agreement between the licensor and you concerning the subject matter hereof which supersedes any prior agreements, oral or written, or any other communications relating to the subject matter of this EULA. No amendment of this EULA shall be effective unless it is in writing and signed by the licensor.
By clicking the checkbox and pressing the Next button below, you acknowledge that you have read this EULA and have understood it, and agree you will be bound by its terms.
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