End User License Agreement (EULA)

Please read this End User License Agreement (“EULA”) before purchasing a Clinical Office: MPage Edition developer license.

By purchasing a license and/or downloading and using Clinical Office: MPage Edition, you agree without reservation to be bound by the terms of this EULA. If you do not agree to the terms of this EULA, please do not purchase a license and/or download and use Clinical Office: MPage Edition.

If you accept the terms and conditions in this EULA on behalf of a company or other legal entity, you warrant that you have full legal authority to accept the terms and conditions in this EULA on behalf of such company or other legal entity, and to legally bind such company or other legal entity.

You may not accept this EULA if you are not of legal age to form a binding contract with Precision Healthcare Solutions.

1. Definitions

In this EULA the expressions below shall have the meaning assigned to them in this clause, unless the context requires otherwise:

2. General

2.1. This EULA applies to any licenses granted to you by Precision Healthcare Solutions for the use of Clinical Office: MPage Edition.
2.2. By purchasing a developer license of Clinical Office: MPage Edition and/or downloading and using Clinical Office: MPage Edition, you enter into this EULA with Precision Healthcare Solutions.
2.3. This EULA may be modified from time to time. Precision Healthcare Solutions will notify you of such modifications on its website or otherwise, e.g. by using the email address used for the provision of a developer license. Any modifications to this EULA shall only apply upon acceptance by you.

3. License

3.1. Precision Healthcare Solutions grants you a non-exclusive, non-transferable, limited, revocable license to use Clinical Office: MPage Edition in accordance with this EULA. Precision Healthcare Solutions reserves all rights not expressly granted to you.
3.2. Precision Healthcare Solutions remains the owner of any intellectual property rights with respect to Clinical Office: MPage Edition. You shall not acquire any ownership to Clinical Office: MPage Edition as a result of your purchase of a developer license or your use of Clinical Office: MPage Edition.

4. Permitted use and restrictions

4.1. In order to be able to develop Cerner™ MPages with Clinical Office: MPage Edition, your organization must have a valid Cerner™ MPage developer license as well as a web server capable of hosting your Angular applications.
4.2. Up to 10 (ten) developers may actively use your Clinical Office: MPage Edition developer license provided the license is being used for the licensed company and/or organization. Additional licenses can be purchased if you require more than 10 developer seats.
4.3. You may distribute any compiled Angular application that uses Clinical Office: MPage Edition.
4.4. You may distribute any or all the associated CCL scripts included with your Clinical Office: MPage Edition provided distribution of such CCL scripts is for the purpose of executing a Clinical Office: MPage Edition Angular application.
4.5. You may NOT distribute, resell or reverse engineer the Clinical Office: MPage Edition developer distribution package.
4.6. You may NOT distribute, resell or reverse engineer any Clinical Office: MPage Edition files located in the NODE_MODULES folder of your Angular application unless such files are part of a compiled Angular application distribution package.
4.7. Precision Healthcare Solutions may modify Clinical Office: MPage Edition at any time at its sole discretion and without notice to you, for example to comply with applicable law or a court order, to avoid a third-party infringement claim or to provide updates and upgrades.

5. Maintenance and support

5.1. Precision Healthcare Solutions will notify you of any available updates and upgrades either on the Clinical Office or Precision Healthcare Solutions website or through email delivery.
5.2. You will be entitled to receive updates and upgrades free of charge.
5.3. Any maintenance and support provided by Precision Healthcare Solutions, including the provision of updates and upgrades, will be provided in an adequate way on an “as is” basis without any warranty, as soon as reasonably practicable, subject to availability of personnel.

6. Use of data

6.1. Precision Healthcare Solutions may process personal data with respect to you, if and to the extent necessary to provide your license download, to provide maintenance and support to you with respect to Clinical Office: MPage Edition and to comply with its obligations under this EULA. To the extent Precision Healthcare Solutions will process personal data, it will comply with all obligations under applicable data protection law.

7. Disclaimer

7.1. You may use Clinical Office: MPage Edition at your own risk and the entire risk as to satisfactory quality, performance and accuracy is with you.
7.2. Clinical Office: MPage Edition and accompanying documentation are provided on an “as is” and “as available” basis without warranty – express or implied – of any kind, and Precision Healthcare Solutions specifically disclaims the warranty of fitness for a particular purpose. No oral or written advice given by Precision Healthcare Solutions, its dealers, distributors, agents or employees shall create a warranty or in any way increase the scope of this warranty and you may not rely upon such information or advice.

8. Liability Limitation

8.1. The liability of Precision Healthcare Solutions in the creation, production or delivery of Clinical Office: MPage Edition for all damages arising out of or in any way relating to your license for this EULA shall in no event exceed the total amount of $99.
8.2. Precision Healthcare Solutions is under no circumstances liable for consequential or indirect damages (including damage for loss of profit, business interruption, loss of data, and the like arising out of the use or inability to use Clinical Office: MPage Edition).

9. Termination

9.1. Precision Healthcare Solutions is entitled to terminate your license term with immediate effect and without prior notice in the event you fail to comply with the terms of this EULA.
9.2. Upon termination of your Clinical Office: MPage Edition license, you shall cease all use of Clinical Office: MPage Edition.
9.3. You acknowledge that the provisions of this EULA, which by their nature are intended to survive termination, will remain in effect after termination of this EULA.

10. Governing law and disputes

10.1. This EULA shall be governed by and construed in accordance with the laws of Canada, excluding its conflicts of law rules.
10.2. Any dispute between Precision Healthcare Solutions and you shall exclusively be submitted to the competent court in St. Catharines, Ontario, Canada.