This License Agreement (“Agreement”) is a binding legal contract between you (either an individual or a legal entity) and The American National Red Cross (“Red Cross”). By downloading, installing, accessing or using the accompanying software (the “Application”) you will be bound by the terms of this Agreement. If you do not agree to the terms of this Agreement, Red Cross is not willing to grant you any right to use or access the Application to you. In such event, you may not download, install, access, use or copy the Application.
APPLICATION ACCESS AND USE LICENSE
The Application is licensed to you, not sold. Except for the limited license granted in this Agreement, Red Cross and its licensors retain all right, title and interest in the Application and all proprietary rights in the Application, including copyrights, patents, trademarks and trade secret rights.
1. GRANT OF LICENSE. Red Cross grants you a revocable, nontransferable (except as provided below), nonexclusive license to use the object code version of the Application for use on your mobile phone device.
2. LIMITATIONS ON LICENSE. The license granted to you in this Agreement is restricted as follows:
• Limitations on Copying and Distribution. You may not copy or distribute the Application except to the extent that copying is necessary to use the Application for purposes set forth herein.
• Limitations on Reverse Engineering and Modification. You may not reverse engineer, decompile, disassemble, modify or create works derivative of the Application.
• Sublicense, Rental and Third Party Use. You may not assign, sublicense, rent, timeshare, loan, lease or otherwise transfer the Application, or directly or indirectly permit any third party to use or copy the Application.
• Proprietary Notices. You may not remove any proprietary notices (e.g., copyright and trademark notices) from the Application.
• Use in Accordance with Documentation. All use of the Application must be in accordance with its then current documentation.
• Compliance with Applicable Law. You are solely responsible for ensuring your use of the Application is in compliance with all applicable foreign, federal, state and local laws, and rules and regulations.
3. TERMINATION. This license will automatically terminate in the event you breach any of its terms. In the event of a claim of intellectual property infringement by any third party relating to the Application, Red Cross may immediately terminate this Agreement.
4. WARRANTY DISCLAIMER. THE APPLICATION IS PROVIDED ON AN “AS AVAILABLE,” “AS IS” BASIS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, RED CROSS AND ITS LICENSORS DISCLAIM ALL WARRANTIES WITH RESPECT TO THE APPLICATION, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF NON-INFRINGEMENT, TITLE, MERCHANTABILITY, QUITE QUIET ENJOYMENT, QUALITY OF INFORMATION, AND FITNESS FOR A PARTICULAR PURPOSE. RED CROSS DOES NOT WARRANT THAT THE APPLICATION WILL MEET YOUR REQUIREMENTS, OR THAT THE OPERATION OF THE APPLICATION WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE APPLICATION WILL BE CORRECTED.
RED CROSS DOES NOT PROVIDE MEDICAL ADVICE OR DIAGNOSIS. USE OF THE APPLICATION DOES NOT CREATE A PHYSICIAN-PATIENT RELATIONSHIP. YOU ARE SOLELY RESPONSIBLE FOR YOUR DECISION TO OBTAIN TREATMENT FROM A MEDICAL PROFESSIONAL. THIS APPLICATION WAS DESIGNED FOR EDUCATIONAL PURPOSES ONLY AND NOT FOR THE PURPOSE OF RENDERING MEDICAL ADVICE. THE INFORMATION PRESENTED THROUGH THE APPLICATION IS NOT INTENDED TO REPLACE THE COUNSEL OF YOUR PHYSICIAN. IT IS IMPORTANT TO SEE YOUR DOCTOR BEFORE MAKING ANY DECISION ABOUT YOUR HEALTH OR THE HEALTH OF YOUR FAMILY.
5. LIMITATION OF LIABILITY. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL RED CROSS OR ITS SUPPLIERS/LICENSORS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, OR INDIRECT DAMAGES (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE), WHICH INCLUDE, WITHOUT LIMITATION, DAMAGES FOR PERSONAL INJURY, LOST PROFITS, LOST DATA AND BUSINESS INTERRUPTION, ARISING OUT OF THE USE OR INABILITY TO USE THE APPLICATION, EVEN IF RED CROSS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY CASE, THE ENTIRE LIABILITY OF RED CROSS AND ITS SUPPLIERS/LICENSORS UNDER THIS AGREEMENT FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE) IS LIMITED TO THE AMOUNT PAID BY YOU, IF ANY, FOR THE APPLICATION.
Some states do not allow the exclusion of incidental or consequential damages, or the limitation on how long an implied warranty lasts, so some of the above may not apply to you.
6. GENERAL. This Agreement is governed by and construed in accordance with the laws of the District of Columbia, as applied to agreements entered into and wholly performed within the District of Columbia between District of Columbia residents. This Agreement shall not be governed by the 1980 U.N. Convention on Contracts for the International Sale of Goods. Any action or proceeding brought by either party hereto shall be brought only in a court of competent jurisdiction located in the District of Columbia and the parties submit to personal jurisdiction of those courts for purposes of any action or proceeding. This Agreement constitutes the entire understanding and agreement between Red Cross and you with respect to the transactions contemplated in this Agreement and supersedes all prior or contemporaneous oral or written communications with respect to the subject matter of this Agreement, all of which are merged in this Agreement. This Agreement shall not be modified, amended or in any way altered except by an instrument in writing signed by authorized representatives of both parties. In the event any provision of this Agreement is found invalid or unenforceable pursuant to judicial decree, the remainder of this Agreement will remain valid and enforceable according to its terms. Any failure by Red Cross to strictly enforce any provision of this Agreement will not operate as a waiver of that provision or any subsequent breach of that provision. The disclaimers and limitations of liability will survive any termination or expiration of this Agreement. IT IS EXPRESSLY UNDERSTOOD AND AGREED THAT IN THE EVENT ANY REMEDY HEREUNDER IS DETERMINED TO HAVE FAILED OF ITS ESSENTIAL PURPOSE, ALL LIMITATIONS OF LIABILITY AND EXCLUSIONS OF DAMAGES WILL REMAIN IN EFFECT.