mUzima for Health Providers app (the “Application”) is built as an Open Source end-user app and is provided by Moi University and Vanderbilt University Medical Center (collectively, “We,” “Us” or “Our”) at no cost and is intended for use as is. If you (“You”,“Your”) are using our application for an organization, you’re agreeing to these Terms and Conditions on behalf of that organization. If you’re using our application to provide services for someone else, you’re agreeing to these Terms and conditions on their behalf. Your use of the application is also subject to the PRIVACY POLICY (“Privacy Policy”) and any applicable open source or other third party terms referenced below (the “Third Party Terms”). If You do not agree to these Terms, the Privacy Policy and the Third Party Terms (collectively “Agreement”), You should not use the application thereof in any manner.
IF YOU ARE AN INDIVIDUAL REPRESENTING AN ENTITY, YOU ACKNOWLEDGE THAT YOU HAVE THE APPROPRIATE AUTHORITY TO ACCEPT THIS AGREEMENT ON BEHALF OF SUCH ENTITY.
IF YOU OR THE ORGANIZATION YOU REPRESENT DON’T AGREE TO BE BOUND TO THESE TERMS AND CONDITIONS, PRIVACY POLICY AND THIRD PARTY TERMS, YOU SHOULD NOT USE THIS APPLICATION.
1. Intellectual property
The application and its content, features and functionality are and will remain the exclusive property of Moi University and Vanderbilt University Medical Center. The application is protected by copyright, trademark, and other laws of and foreign countries. Our trademarks may not be used in connection with any product or service without our prior written consent. All such rights are reserved.
You should not use this application for commercial and profit-making purposes without obtaining a written consent from us.
2. Third Party Terms
You acknowledge that the Platform may contain software or content elements that are available royalty-free or are otherwise available from the public domain or a third party, and are not owned or licensed by Us (“Third Party Elements”), and may be subject to Third Party Terms such as an end user license agreement or open source license. Except as may be provided in any applicable Third Party Terms, such Third Party Elements, if any, are included “as is,” without permission to use, reproduce, distribute or prepare derivative works from such Third Party Elements, and We make no representation or warranty that such acts will not infringe any rights of such owners or any third party. To the extent of an inconsistency or conflict between this Agreement and any Third Party Terms, the Third Party Terms shall control for purposes of the applicable Third Party Element(s).
3. Disclaimer; Limitation of Liability
This application is distributed under the terms of the Mozilla Public License, v. 2.0 (MPL 2.0) (http://mozilla.org/MPL/2.0/). The following additional disclaimer of warranty and limitation of liability are hereby incorporated into the terms and conditions of MPL 2.0:
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- a. NO WARRANTIES OF ANY KIND WHATSOEVER ARE MADE AS TO THE RESULTS THAT YOU WILL OBTAIN FROM RELYING UPON THE COVERED APPLICATION (OR ANY INFORMATION OR CONTENT OBTAINED BY WAY OF THE COVERED CODE), INCLUDING BUT NOT LIMITED TO COMPLIANCE WITH PRIVACY LAWS OR REGULATIONS OR CLINICAL CARE INDUSTRY STANDARDS AND PROTOCOLS. USE OF THE COVERED APPLICATION IS NOT A SUBSTITUTE FOR A HEALTH CARE PROVIDER’S STANDARD PRACTICE OR PROFESSIONAL JUDGMENT. ANY DECISION WITH REGARD TO THE APPROPRIATENESS OF TREATMENT, OR THE VALIDITY OR RELIABILITY OF INFORMATION OR CONTENT MADE AVAILABLE BY THE COVERED CODE, IS THE SOLE RESPONSIBILITY OF THE HEALTH CARE PROVIDER. CONSEQUENTLY, IT IS INCUMBENT UPON EACH HEALTH CARE PROVIDER TO VERIFY ALL MEDICAL HISTORY AND TREATMENT PLANS WITH EACH PATIENT.
- b. UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, WHETHER TORT (INCLUDING NEGLIGENCE), CONTRACT, OR OTHERWISE, SHALL ANY CONTRIBUTOR, OR ANYONE WHO DISTRIBUTES COVERED SOFTWARE AS PERMITTED BY THE LICENSE, BE LIABLE TO YOU FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL DAMAGES OF ANY CHARACTER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER DAMAGES OR LOSSES, OF ANY NATURE WHATSOEVER (DIRECT OR OTHERWISE) ON ACCOUNT OF OR ASSOCIATED WITH THE USE OR INABILITY TO USE THE COVERED CONTENT (INCLUDING, WITHOUT LIMITATION, THE USE OF INFORMATION OR CONTENT MADE AVAILABLE BY THE COVERED CODE, ALL DOCUMENTATION ASSOCIATED THEREWITH, AND THE FAILURE OF THE COVERED CODE TO COMPLY WITH PRIVACY LAWS AND REGULATIONS OR CLINICAL CARE INDUSTRY STANDARDS AND PROTOCOLS), EVEN IF SUCH PARTY SHALL HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES.
4. Revision of Terms
These Terms constitute the entire agreement between You and Us with respect to the application (except as otherwise expressly provided herein) superseding all other prior agreements that might exist. We may revise the Terms at any time by posting the revised Terms through the application or otherwise notifying you. All revised Terms are automatically effective as soon as they are posted or provided. Your continued use of the Application constitutes your agreement to be bound by the revised Terms.
5. General Provisions
You may not assign or transfer Your rights or obligations under these Terms without Our prior written consent. Any other assignment or transfer by You is void. You may not use Our name, logo, or trademark in any manner, including without limitation in any advertising, promotional material, press release, publication, public statement, or announcement, or through any form of other media, written or oral, without Our prior written consent. If any provision of this Agreement is held invalid or unenforceable, such provision shall, to that extent, be deemed omitted, and the balance of this Agreement will be enforceable in accordance with its own terms. These Terms are governed by the laws of the State of Tennessee, USA without regard to principles of conflicts of laws, and the state and federal courts sitting in Nashville, Tennessee, USA shall have proper and exclusive jurisdiction and venue over any disputes arising from or relating to these Terms or the Platform. The Uniform Computer Information Transactions Act, the United Nations Convention on the International Sale of Goods, or any implementation, replacement, or similar legislation or standard, shall not apply.
6. Severability
If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/unenforceable, the other provisions will continue in effect.
If any unlawful and/or unenforceable provision of these Terms and conditions would be lawful or enforceable by deleting part of it, that part will be deemed to be deleted, and the rest of the provision will continue in effect.
7. Governing Law
These Terms are governed by the laws of the State of Tennessee, USA without regard to principles of conflicts of laws, and the state and federal courts sitting in Nashville, Tennessee, USA shall have proper and exclusive jurisdiction and venue over any disputes arising from or relating to this agreement.
8. Contact Details
If you have any questions or any concerns about the terms, please reach us on mUzima.mobile@gmail.com.