Last Updated: November 2019
This End User License Agreement (“EULA” or “Agreement”) is an agreement between Banner Health, an Arizona nonprofit corporation (“Banner Health”) and you. “You” and “Your” means the individual or legal entity licensing any Banner Health Application(s), including voice applications (collectively, “Applications”), under this EULA. Please read these license terms as they apply to the Application(s) and to any updates, modifications, supplements, or services that may be provided for the Application(s).
- Your Acceptance. By using all or any portion of this Application, You accept the terms and conditions of this Agreement. If You are entering into this EULA on behalf of an entity, You represent that You have authority to bind that entity. If You do not agree to the terms or if You do not have such authority, neither You nor the entity may use the Application.
- Scope of License. Banner Health grants you a nonexclusive, nontransferable, revocable and limited license to access and use the Application for Your personal, non-commercial purposes as permitted by this EULA and applicable Terms and Conditions. This EULA will govern any content, materials, or services accessible from the Application. You may not distribute or make the Application available over a network where it could be used by multiple devices at the same time. You may not transfer, redistribute or sublicense the Application and, if you sell your electronic device to a third party, you must remove the Application from the device before doing so. You may not copy, reverse-engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Application or any part thereof (except and only to the extent that any foregoing restriction is prohibited by applicable law or to the extent it may be permitted by the licensing terms governing use of an open-sourced component included with the Application). You may not use any Application services in a manner that could damage, disable, overburden or impair any Banner Health service, or the network connected to any Banner Health service, or interfere with any other party’s use and enjoyment of any services.
- Automatic Updates. Banner Health may from time to time develop updates, upgrades, bug fixes and other modifications (“Updates”) to improve the performance and usability of the Application. These Updates may be automatically installed without providing any additional notice. By using the Application, You consent to such Updates.
- Term and Termination. This EULA commences on the date that you access or use an Application and will continue until terminated by You or Banner Health. Your rights under this EULA will terminate automatically if You fail to comply with any of its terms. Upon termination, You will cease all use of the Application.
- Ownership. You acknowledge and agree that the Application is being licensed, not sold, to You by Banner Health or its licensors and You will not acquire any ownership interest in the Application. Banner Health retains all right, title and interest in and to the Application and all intellectual property rights arising out of or relating to the Application. There are no implied licenses granted in this EULA.
- Online Links. The Application may enable access to the content, products or services from third parties via third-party websites. You agree to use such third-party content, products or services at your sole risk and if You choose to use such third-party content, products or services, you are solely responsible for complying with any applicable laws, rules or regulations. Banner Health makes no representation or warranty and will have no liability or obligation whatsoever in relation to the content, use of, or correspondence with, any such third-party website, or any transactions completed, and any contract You may enter into with any such third-party. Banner Health does not endorse or approve any third-party website, nor the content of, or products or services offered by such third-party website that may be made available via the Application and reserves the right to change, suspend, remove, disable or restrict access to any third parties’ websites without notice or liability to You.
- Warranty Disclaimer. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE APPLICATION IS AT YOUR SOLE RISK AND YOU ASSUME ALL RESPONSIBILITY FOR DETERMINING WHETHER THE USE OF THE APPLICATION IS ACCURATE OR SUFFICIENT FOR YOUR PURPOSE. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE APPLICATION AND ANY SERVICES PROVIDED HEREUNDER ARE PROVIDED “AS IS” AND “AS AVAILABLE”, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. BANNER HEALTH HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND WITH RESPECT TO THE APPLICATION AND ANY SERVICES RELATED THERETO, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OF SATISFACTORY QUALITY, OR QUIET ENJOYMENT, AND NON-INFRINGEMENT. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, BANNER HEALTH DOES NOT REPRESENT THAT YOUR USE OF THE APPLICATION WILL BE SECURE, TIMELY, UNINTERRUPTED OR ERROR-FREE, OR THAT THE APPLICATION WILL MEET YOUR REQUIREMENTS, OR THAT ALL ERRORS WILL BE CORRECTED. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS OF APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU.
- Limitation of Liability. TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT WILL BANNER HEALTH BE LIABLE FOR PERSONAL INJURY OR ANY INCIDENTAL, SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION, OR ANY OTHER DAMAGES OR LOSSES ARISING OUT OF OR RELATED TO YOUR USE OF OR INABILITY TO USE THE APPLICATION, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE) AND EVEN IF BANNER HEALTH HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. IN NO EVENT WILL BANNER HEALTH’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES (OTHER THAN AS MAY BE REQUIRED BY APPLICABLE LAW IN CASES INVOLVING PERSONAL INJURY) EXCEED THE AMOUNT OF FIVE DOLLARS ($5.00). THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE. THE FOREGOING LIMITATIONS AND EXCLUSIONS APPLY TO THE EXTENT PERMITTED BY APPLICABLE LAW IN YOUR JURISDICTION. THIS LIMITATION OF LIABILITY MAY NOT BE VALID IN SOME JURISDICTIONS. IF APPLICABLE LAW LIMITS THE APPLICATION OF THE PROVISIONS OF THIS SECTION, BANNER HEALTH’S LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMISSIBLE.
- Miscellaneous.
- Governing Law. This EULA will be governed and construed in accordance with the substantive laws of the State of Arizona, without regard for conflict of laws.
- Assignment. Banner Health may assign its rights and obligations under this Agreement, in whole or in part, at any time. You may not assign the rights or obligations under this Agreement.
- Entire Agreement/Severability/Waiver. This EULA, Terms of Use, Banner Health’s Privacy Policy, and all other documents referenced herein, contain the entire understanding of the parties with respect to the subject matter hereof, and supersedes all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, between the parties hereto. If any provision of this EULA is invalid or inoperative under law, the remaining provisions of this EULA will continue in full force and effect. No provision hereof will be deemed waived unless such waiver is in writing and signed by Banner Health.
- Modification. This EULA may be modified or updated from time to time, including any referenced policies and other documents.
- Survival. Any terms of this Agreement which by their nature should survive the termination of this Agreement will survive such termination.
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