Cloud 9 Mobile App End User License Agreement
You should carefully read the following terms and conditions before using this mobile application. By clicking the acceptance button and downloading and installing the mobile application, you are agreement to be bound by and are becoming a party to this agreement. If you do not agree to all of the terms and conditions of this agreement, click the button that indicates you do not accept the terms and do not download or install the mobile application.
This Cloud 9 Mobile App End User License Agreement (the “Agreement”) sets forth the terms and conditions of your use of the Cloud 9 Mobile Application (the “Mobile App”). For purposes of this Agreement, “You” or “Authorized User” means you, the end user and “Cloud 9” means Cloud 9 Software, Inc.
2. Limited Scope of License
You are hereby granted a non-exclusive, non-transferable, limited right and license to access the Cloud 9 Platform and use the Services via the Mobile App. Your right to use the Mobile App is limited to use on Google-branded products that You own or otherwise have the right to use.
3. License and Usage Restrictions
You agree to comply with all applicable laws, rules and regulations in connection with your use of the Mobile App, the Platform and the Services including, without limitation, HIPAA and any other data protection laws. You may not, directly or indirectly, (a) lease, loan, resell, sublicense or otherwise distribute the Mobile App; (b) use the Mobile App to provide or operate a service bureau, marketing, training, outsourcing or consulting services, or another commercial service; (c) use the Mobile App to develop a product or services competitive with the Mobile App, the Platform or the Services; (d) distribute or publish keycodes or login information to the Mobile App, the Platform or the Services; (e) use unauthorized keycodes or login information; (f) use the Mobile App in any manner that could damage, disable, overburden or impair the Mobile App, the Platform or the Services (or servers or networks connected to them); (g) use the Mobile App in any manner that could interfere with any other party’s use of the Mobile App, the Platform or the Services (or servers or networks connected to them); (h) modify, copy or create derivative works based on the Mobile App, the Platform, the Services or the Cloud 9 Technology or use any of Cloud 9’s Confidential Information to create any service, software, documentation or application that performance substantially the same functionality as the Services or which is competitive with the Services or the Cloud 9 Technology; (i) create Internet “links” to or reproduce any content forming part of the Services, other than for Customer’s own internal business purposes; (j) disassemble, reverse engineer, decompile or use any other means to attempt to gain unauthorized access to, or attempt to discover any source code, algorithms or trade secrets underlying the Services or Cloud 9 Technology or any part thereof, or access it in order to copy any ideas, features, content, functions or graphics of the Mobile App, the Platform, the Services or the Cloud 9 Technology (except and only to the extent these restrictions are expressly prohibited by applicable statutory law); (k) interfere with or disrupt the integrity or performance of the Services; (l) send or store infringing, obscene, threatening, libelous or otherwise unlawful or tortious material via the Mobile App or the Services; (m) send or store viruses or malicious code via the Mobile App or the Services; (n) use any components provided with the Services (including the Mobile App) separately from the Services; or (o) use or allow the transmission, transfer, export, re-export or other transfer of any product, technology or information You obtain or learn in connection with Your use of the Mobile App, the Platform or the Services in violation of any export control or other laws and regulations of the United States of America. You represent and warrant that You are not located in a country that is subject to embargo by the United States or which has been designated by the United States as a “terrorist supporting” country and that You are not listed on any list of prohibited or restricted parties by the United States. You agree to notify Cloud 9 immediately if You become aware of any violation or breach of these restrictions, whether by You, Customer or any third-party including, without limitation, any unauthorized third-party access to, or use of, the Mobile App, the Platform or the Services.
4. Cloud 9 Proprietary Rights
You acknowledge and agree that (a) the Mobile App, the Platform and the Services contains confidential information that is protected by applicable intellectual property and other laws; and (b) Cloud 9 and/or third-parties own all right, title and interest in and to the Mobile App, the Platform and the Services and the content thereof, excluding content provided by You, that may be presented or accessed through the Mobile App, including without limitation all Intellectual Property Rights therein and thereto. For purposes hereof, the term “Intellectual Property Rights” means any and all rights existing from time to time under patent law, copyright law, trade secret law, trademark law, unfair competition law and any and all other proprietary rights, and any and all applications, renewals, extensions and restorations thereof, now or hereafter in force and effect worldwide.
As a condition of your use of the Mobile App, You acknowledge and agree that: (a) this Agreement is between You and Cloud 9 only, and Google is not a party to this Agreement; (b) Google have no responsibility for this Mobile App or the content thereof; (c) Your ability to access and use the Mobile App is dependent upon Customer’s separate license and subscription to Cloud 9’s proprietary practice management software solution (the “Platform” or “Cloud 9 Platform”) and, in the event Customer’s license or subscription to the Platform terminates for any reason, Your ability to access and use the Mobile App will also cease; (d) the Mobile App cannot be used independently or separately from Customer’s subscription to the Platform, is not offered by Cloud 9 as a separate or stand-alone product or service from the Platform, and offers only a limited set of features and functionalities of the Services available via the Platform; (e) Customer may limit Your ability and/or authority to access the Platform via the Mobile App at any time and for any reason and neither Cloud 9 nor Google are responsible for any acts or omissions of Customer including, without limitation, Your ability to use or access the Mobile App; (f) the Mobile App is provided on an “AS IS, WHERE IS, AS AVAILABLE” basis; (g) this Agreement and Your use of the Mobile App are subject to the Google Play Store Terms and Conditions, which You acknowledge You have had an opportunity to review; and (h) You are solely responsible for (and neither Cloud 9 nor Google have any responsibility to You or any third-party for) Your use of the Mobile App, any breach of your obligations under this Agreement, and for the consequences (including any loss or damage which You may suffer) as a result of any such use or breach by You.
6. Maintenance and Support
7. Disclaimer of Warranties
CLOUD 9 MAKES NO WARRANTIES, CONDITIONS OR REPRESENTATIONS TO YOU WITH RESPECT TO THE MOBILE APP, THE PLATFORM OR THE SERVICES, WHETHER ORAL OR WRITTEN, EXPRESS, IMPLIED OR STATUTORY. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, ANY IMPLIED WARRANTY OR CONDITION OF MERCHNATABILITY, THE IMPLIED WARRANTY AGAINST INFRINGEMENT AND THE IMPLIED WARRANTY OR CONDITION OF FITNESS FOR A PARTICULAR PURPOSE ARE EXPRESSLY EXCLUDED AND DISCLAIMED. GOOGLE MAKES NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THE MOBILE APP.
8. Disclaimer of Liability
You acknowledge and agree that (a) Google has no responsibility for addressing any claims related to the Mobile App, including Your possession and/or use of the Mobile App; (b) in the event of any third-party claims against You that Your possession and/or use of the Mobile App infringes such third-party’s intellectual property rights, Google has no responsibility for the investigation, defense, settlement and/or discharge of any such third-party claims; and (c) neither Cloud 9 nor Google will be liable to You under any theory of liability for any direct, incidental, special, consequential, exemplary or punitive damages that may be incurred by You through Your use of the Mobile App, regardless of whether or not Cloud 9 or its representatives have been advised or should have been aware of the possibility of any such losses.
To the maximum extent permitted by law, You agree to indemnify, defend and hold Cloud 9, its shareholders, directors, officers, employees and agents harmless from and against any and all claims, losses, liabilities, damages, costs, expenses (including reasonable attorneys’ fees), actions and suits arising out of Your use of the Mobile App or Your violation of this Agreement.
10. Third-Party Beneficiaries
Except for Google, this Agreement is intended solely for the benefit of You, Customer and Cloud 9. In no event will any third-party, including any patient of Customer, have any rights hereunder or right to enforce the terms hereof. Notwithstanding the foregoing, Google is an intended third-party beneficiary of this Agreement and, upon Your acceptance hereof, Google shall have the right (and shall be deemed to have accepted the right) to enforce this Agreement against You as a third-party beneficiary thereof.
11. Cloud 9 Contact Information
In the event you have any questions, complaints, claims or other issues with respect to this Agreement or the Mobile App, you may contact Cloud 9 Software, Inc. at:
Cloud 9 Software, Inc.
10 Mansell Ct., Suite 100
Roswell, Georgia 30076
12. Entire Agreement