Application Agreement

This Application Agreement (“Agreement”) is between you and Gersony Medical Media d/b/a Medmovie (“Company”) and governs your use of Company’s Medmovie applications for web, iOS, and Android for the following applications (each a “Licensed Application”):

  • Hx Heart App
  • Hx VR App
  • ASE TTE App

1. MEDICAL DISCLAIMER. CONTENT IS FOR INFORMATIONAL PURPOSES ONLY AND SHOULD NOT BE USED FOR MEDICAL ADVICE, DIAGNOSIS OR TREATMENT. LICENSED USES ONLY.

2. ENTERPRISE CUSTOMERS – If you are entering into this Agreement on behalf of a company with which you are employed, affiliated, or associated, you represent you have the authority to bind that company, and all reference to “you” shall mean that company.

3. ADDITIONAL AGREEMENTS – IF YOU PREVIOUSLY ENTERED INTO AN AGREEMENT WITH MEDMOVIE FOR THE USE OF THE LICENSED APPLICATION OR HX PLATFORM (“MEDMOVIE AGREEMENT”), THESE TERMS WILL NOT MODIFY THAT MEDMOVIE AGREEMENT. IF THERE ARE ANY CONFLICTS BETWEEN THESE TERMS AND THE MEDMOVIE AGREEMENT WITH RESPECT TO THE LICENSED APPLICATION, THE LICENSED APPLICATION AGREEMENT WILL PREVAIL.

4. Privacy Policy and Terms

By accessing or using the Licensed Application, Company website, or any additional applications or services made available by Company (together, the “Service”), however accessed or used, you agree to be bound by the terms of use set forth in this Agreement and any additional terms set forth in the Terms and Privacy Policy published at medmovie.com/terms or within the Licensed Application, including any updated terms published by Company from time to time.

5. Scope of License

The license granted to you and is limited to a non-transferable license to use the Licensed Application: (i) via a website authorized by Company; or (ii) on a mobile device or other devices that the end-user owns or controls. Downloadable or streamed content may be subject to continued availability, additional license terms, and other applicable restrictions. Use is subject to terms set forth in the Terms of Service of the Apple App Store, Google Play Store, or other third-party providers of stores, websites, and other platforms.  (“Platform Providers”). Terms of Service. Such license is subject to payment of any applicable license fees or other amounts required for use of the Licensed Application. Except as otherwise agreed in writing, or in a license agreement granted by Company, no rights are granted for commercial use, resale, distribution, sublicensing, public display or performance, or creating derivative works of the Licensed Application, including any images, information, or other content.

6. Maintenance and Support

Company is solely responsible for providing any maintenance and support services with respect to the Licensed Application, only as specified in a separate written agreement, if any, or as required under applicable law. Platform Providers have no obligation whatsoever to furnish any maintenance and support services with respect to the Licensed Application.

7. No Warranty

EXCEPT AS OTHERWISE AGREED IN WRITING, COMPANY EXPRESSLY DISCLAIMS ANY WARRANTY FOR THE LICENSED APPLICATION. THE LICENSED APPLICATION AND ANY RELATED DOCUMENTATION IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. THE ENTIRE RISK ARISING OUT OF USE OR PERFORMANCE OF THE LICENSED APPLICATION REMAINS WITH YOU.

8. Intellectual Property Rights

Except as otherwise agreed in writing, Company shall not be obligated to indemnify or defend you with respect to any third party claim arising out of or relating to the Licensed Application. To the extent Company is required to provide indemnification by applicable law, Company, not Platform Providers, shall be solely responsible for the investigation, defense, settlement, and discharge of any claim that the Licensed Application or your use of it infringes any third party intellectual property right.

9. U.S Legal Compliance

You represent, warrant, and agree that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties; (iii) use of the application is subject to compliance with all applicable laws and government requirements.

10. User Generated Content

You may not post violent, hateful, discriminatory, unlawful, infringing, nude, pornographic, or sexually explicit photos or content via the Licensed Application. Company reserves the right to modify or terminate your access to the Licensed Application for any reason, without notice, at any time, and without liability to you for posting objectionable content. You understand that by using any portion of the Service, 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 Licensed Application at your sole risk and that the Company shall not have any liability to you for content that may be found to be offensive, indecent, or objectionable. You may report content that violates this policy by contacting Company as described in this Agreement or using features of the Licensed Application provided for such purpose. You may block abusive users by using the features of the License Application.

11. Contact Information

Should you have any questions, complaints, or claims relating to the Licensed Application, please contact Company at medmovie.com/contact.

12. Platform Providers Acknowledgement

This Agreement is between you and Company only, and not Apple, Inc. (“Apple”), Google, Inc. (“Google”), or other Platform Providers. Company, not Platform Providers, is solely responsible for the Licensed Application and its content. Although Platform Providers are not parties to this Agreement, Platform Providers have the right to enforce this Agreement against you as a third party beneficiary relating to your use of the Licensed Application. To the extent you have any claim arising from or relating to your use of the Licensed Application, Company, not Platform Providers, is responsible for addressing any such claims, which may include, but are not limited to: (i) any product liability claim; (ii) any claim that the Licensed Application fails to conform to any applicable legal or regulatory requirement; and (iii) any claim arising under consumer protection or similar legislation. Nothing in this Agreement shall be deemed an admission that you may have such claims.

13. LIMITATION OF LIABILITY

IN NO EVENT SHALL COMPANY BE LIABLE TO YOU, WHETHER IN CONTRACT OR IN TORT OR UNDER ANY OTHER LEGAL THEORY (INCLUDING, WITHOUT LIMITATION, STRICT LIABILITY AND NEGLIGENCE) FOR LOST PROFITS OR REVENUES, LOSS OR INTERRUPTION OF USE, LOST OR DAMAGED DATA, REPORTS, DOCUMENTATION OR SECURITY, OR SIMILAR ECONOMIC LOSS, OR FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR SIMILAR DAMAGES, ARISING OUT OF OR IN CONNECTION WITH THE PERFORMANCE OR NON-PERFORMANCE OF THIS AGREEMENT, OR FOR ANY CLAIM MADE AGAINST YOU BY ANY OTHER PARTY, EVEN IF YOU HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH CLAIM. IN NO EVENT SHALL COMPANY’S LIABILITY UNDER ANY CLAIM MADE BY YOU EXCEED THE TOTAL AMOUNT OF FEES PAID BY YOU TO COMPANY RELATING TO THE LICENSED APPLICATION.

14. Governing Law and Venue

This Agreement shall be governed by and shall be construed and enforced pursuant to and in accordance with the laws of the Kentucky, United States, without regard to its rules on conflicts of laws. The UN Convention on the Sale of Goods shall not apply. The parties hereby consent to exclusive venue and jurisdiction for actions hereunder in the state and federal courts having jurisdiction over Kentucky, USA.

15. Additional Terms

Use of the Licensed Application is subject to terms within the Licensed Application, including any updated terms published by Company from time to time.