INTERN 911 Medical APPLICATIONS, LLC,
“911 Pearls” by Intern 911 Medical Applications
End-User License Agreement
NOTICE TO END-USER: PLEASE READ THIS END-USER LICENSE AGREEMENT (HEREINAFTER “EULA”) CAREFULLY. DO NOT CLICK “ACCEPT” UNLESS YOU HAVE COMPLETELY READ THIS AGREEMENT. REGARDLESS OF YOUR ACCEPTANCE OF THIS APPLICATION, BY USING ALL OR ANY PORTION OF THE APPLICATION YOU ACCEPT ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT.
I. Your Agreement with Intern 911
1.1 This EULA sets forth your legal agreement with Intern 911 Medical Applications, LLC, and its agents and affiliates (collectively, “Intern 911”).
1.2 Intern 911 reserves the right to change this EULA in its sole discretion. If we change the terms of the EULA, then the updated EULA will be provided with each successive version of the 911 PEARLS Application. You may also write Intern 911 at 2212 Napoleon Ave, New Orleans, Louisiana, 70115, and request the current version of the 911 Pearls EULA.
Unless otherwise defined, capitalized terms used throughout these General Terms have the meanings stated below:
2.1. “911 Pearls” means this particular application, 911 Pearls by Intern 911 Medical Applications. See “Application.”
2.2. “Apple” means Apple, Incorporated, its affiliates, distributors, and suppliers.
2.3. “Application” means 911 Pearls, this particular application, or Intern911 Medical Calculator.
2.4. “Claude Pirtle” means Intern 911 Medical Applications, LLC, doing business as Intern 911 Medical Applications, LLC, its affiliates, and suppliers.
2.5. “Content” means any written text or visual charts, pictures, or representations generated by Object Code and presented to, viewed by, or accessible by, the End-User.
2.6. “End-User,” or “You” means, the person using this particular Application.
2.7. “End-User License Agreement” means the standard Intern 911 written End-User License Agreement, which will be entered into between Licensor and an End User to enable the End-User to lawfully use Intern 911’s Application on the platform specified.
2.8. “Intern 911” means Intern 911 Medical Applications, LLC, its affiliates, and suppliers.
2.9. “Object Code” Object code shall mean machine-executable code derived in whole or in part from the Application. Object code means the instructions or statements comprising a computer program expressed in machine language, being the machine-level representations that actually cause the computer to execute instructions or operations. Said code is the proprietary information of 911 PEARLS.
2.10. “Proprietary information” also known as a trade secret, means information 911 PEARLS wishes to keep confidential.
2.11. “Source Code” Source code shall mean any human-readable code from which the program is compiled. Said code is the proprietary information of 911 PEARLS.
2.12. “Licensor” means Intern 911 Medical Applications, LLC.
2.13. “Louisiana Uniform Electronic Transaction Act” or “LUETA” means Louisiana Revised Statutes, Title 9, as amended from time to time, adopting the Uniform Electronic Transactions Act.
2.14. “Update” means an updated or enhanced version of any of the software programs governed by this Agreement, in object code format, that is generally released by the Licensor to its customers that corrects errors and/or adds such minor additional features or functions as the Licensor, in its discretion, may choose to include in the release. Updates typically will be designated by a change in the version number to the left of the first decimal point. Updates shall not include any release, option, upgrade, or future product that the Licensor licenses separately or only offers for an additional fee.
Update means a version of the software consisting of corrections and minor functional enhancements to the prior version of the software. Updates will generally be designated by means of a change of the number to the right of the decimal point.
2.15. “Upgrades” shall mean improvements in the system that relate to operating performance but do not change the basic function of the system.
Upgrade means a version of the software in which substantial new functionalities or other substantial changes to the prior version of the software. These will normally be designated by a change in the number to the left of the decimal point.
III. Louisiana Uniform Electronic Transactions Act
3.1 This EULA is enforceable like any written negotiated agreement signed by you and enforceable under the Louisiana Uniform Electronic Transactions Act (LUETA). If you do not agree, do not use this Application. If you acquired the Application on tangible media without an opportunity to review this license and you do not accept this EULA, You are not allowed to use this Application.
IV. Choice of Law
4.1 Your relationship is with Intern 911 Medical Applications, LLC, a Louisiana Limited Liability Company and a United States company, and you agree to be bound by the laws of the State of Louisiana and the laws of the United States.
V. Forum Selection Clause
5.1 In the event of suit by or against Intern 911, you hereby submit to the jurisdiction of the Civil District Court, Parish of Orleans, State of Louisiana, and the several courts of the State of Louisiana.
6.1 The Application herein covered by this EULA is designed for distribution via the Apple App Store to run on Apple, Incorporated, iPhones, iPads, and iPods, running iOS 6.1 or later.
VII. Intellectual Property & Copyright Notices
7.1 Intern 911 Medical Applications, LLC, and its suppliers own all intellectual property in the Software. Intern 911 permits you to use the Application only in accordance with the terms of this EULA. Use of some third-party Applications included in, or added-into the Application may be subject to other terms and conditions typically found in a separate license agreement.
7.2 The content/design includes copyrighted works of Intern 911 Medical Applications, LLC. You agree to comply with any additional copyright notices, information, or restrictions contained in any Content available on or accessed through the Application. Users of the Application may use the Content only for their personal, non-commercial use. User may not modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, display, or in any way exploit any of the Content, in whole or in part. Content may not be reverse engineered unless specifically authorized by the owner of the Applications patent and/or copyright.
7.3 Any unauthorized or unapproved use of any of the content constitutes copyright infringement and subjects user to all civil and criminal penalties provided for under domestic and international copyright, trademark, and other laws and treaties.
7.4 All logos are copyrights of their respective owners.
VIII. Accuracy Disclaimer
8.1 While Intern 911 strives to publish only correct information, medicine is constantly changing and Intern 911 warns that its content may not be correct according to the most recent medical evidence. Intern 911 provides medical information and opinion based on the evidence that its medical advisors have reviewed, and any medical expertise they may have.
8.2 Additionally, accurate results can only be obtained if all enterable text boxes have been filled with correct values.
IX. Financial Conflict Disclaimer
9.1 Intern 911 has not and does not accept compensation from medical device or pharmaceutical companies with this application.
X. Representation Disclaimer
10.1 911 PEARLS contains the medical opinions of Intern 911 Medical Applications and does not represent the views or opinions of Louisiana State University Health Sciences Center – New Orleans, or any other entity with which Intern 911 medical advisors associate.
XI. Legal Disclaimer
11.1 911 PEARLS should not be used in any legal capacity whatsoever, including establishing any “standard of care” or as a basis for expert witness testimony. No guarantee is given regarding the accuracy of any statements or opinions made in 911 PEARLS.
11.2 In NO event shall the creator(s) of this Application be held liable in any manner for direct, incidental, consequential, indirect or punitive damages arising out of your access, use or inability to use this Application or any errors or omissions in information on this Application.
11.3 Intern 911 Medical Applications, LLC specifically disclaims any warranties, including, but not limited to, the implied warranties of merchantability and fitness for ordinary use or a particular purpose. Except to the extent, if any, not permitted by applicable law, in no event shall any content contributors, authors, and/or Intern 911, the developer, be liable to any party for direct, indirect, special, incidental, or consequential damages, including lost profits, arising out of the use of this software and its documentation, even if the author and/or developer have been advised of the possibility of such damage. The content of this Application is for educational purposes only and is provided “AS IS” and on an “AS AVAILABLE,” and Intern 911 Medical Applications, LLC has no obligation to provide maintenance, support, updates, enhancements, or modifications.
11.4 This Application is for educational purposes only. It is an education reference tool believed to be accurate at the time of its creation. All reference ranges are for adults unless stated otherwise. Reference ranges rely on the population demographic, methods of testing and mode of standardization that is why the normal reference ranges can vary with different regions and hence should not be regarded as absolute indications of health and disease. Reference ranges and/or other information may be changed or updated without notice. THIS IS NOT A SUBSTITUTE FOR MEDICAL ADVICE AND DO NOT MAKE ANY MEDICAL DECISIONS BASED ON INFORMATION OBTAINED THROUGH THIS APPLICATION. It is important that you rely on the advice of an appropriate professional. Nothing contained in any presentation is to be construed as medical, legal, investment, financial, or other advice.
11.5 This Application is part of a reference series created to help educate the medical community. Calculators or information within this Application and content may be updated or change without any notice to the user, but the author or creators are with no obligation to provide maintenance, support, updates, or modifications to the software.
11.6 All users agree that all access to and use of the Application is at their own risk. Information may be changed or updated without notice. There may also be improvements or changes in the products and services described in the Application at any time without notice. It is important that you rely on the advice of an appropriate professional.
XII. Medical Disclaimer
12.1 911 PEARLS should never be construed as offering specific medical advice on how to treat a problem you are having personally or for any other patient’s medical condition. Every medical case is different, and any specific medical case may have important differences from the general one that Intern 911 wrote about in 911 PEARLS. Consult your own physician for any medical issues that you may be having.
12.2 This Application is NOT a substitute for medical advice from a health care professional or professional advice. This Application and content is not to be used to make a medical diagnosis or for medical diagnosis and/or treatment. In the possibility of human error or changes in science, the author or parties involved with the creation of this Application warrant that the information contained in the contents of this Application is in every aspect accurate or complete.
12.3 The creator, authors, or parties involved in the creation of this Application are NOT responsible for any errors or omissions or the results that you receive from the use of the contents of this Application. The educational reference tool at its time of creation is believed to be accurate, but medicine is a changing science. A health care professional should only use this software as a guide, and use good clinical judgment for each individual patient to provide care for each situation.
XIII. Privacy Disclaimer
13.1 Intern 911 is a HIPAA-complaint company and 911 PEARLS is a HIPAA-complaint Application. While real patients may be referenced, identifying characteristics will always be changed and the cases altered or merged with details of other cases in order to disguise patient data.
XIV. Third-Party/External Sites
14.1 The Application may include links to other Internet sites that are owned and operated by third parties (“External Sites”). These links are provided solely as a convenience to users. Intern 911 does not endorse any such sites or the information, material, products or services contained on or accessible through the sites. You acknowledge that access and use of such sites, including information, material, products and services therein, is solely at their own risk.
NOTICE TO END-USER: DO NOT CLICK “ACCEPT” UNLESS YOU HAVE COMPLETELY READ THIS EULA. IF YOU DO NOT AGREE WITH THIS EULA, CLICK “REJECT.” REGARDLESS OF YOUR ACCEPTANCE OF THIS APPLICATION, BY USING ALL OR ANY PORTION OF THE APPLICATION YOU ACCEPT ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT.