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Terms & Conditions

PLEASE READ THIS AGREEMENT CAREFULLY

END USER LICENSE AGREEMENT

THIS IS AN END USER LICENSE AGREEMENT ("AGREEMENT") BETWEEN RobotDoctor, LLC. ("DDXRX ® SOFTWARE") AND THE INDIVIDUAL USER ("USER") WHO INTENDS TO SUBSCRIBE TO DDXRX ® SOFTWARE SERVICE.

IT HOWEVER INCLUDES TERMS WHICH BIND THE USER TO THIRD PARTIES WHO HAVE LICENSED CONTENT/AND OR SERVICES TO DDXRX ® SOFTWARE FOR THIS DDXRX ® SOFTWARE SERVICE. THIS AGREEMENT PROVIDES THE USER THE RIGHT TO USE EITHER AN ONLINE VERSION OR A PERSONAL MOBILE ELECTRONIC DEVICE ("PHONE, PDA, TABLET") ENABLED VERSION OF DDXRX ® SOFTWARE ELECTRONIC CLINICAL DATABASE (THE "DATABASE") AND OTHER CONTENT AND UPDATES THERETO MADE AVAILABLE BY DDXRX ® SOFTWARE IN CONNECTION WITH DDXRX ® SOFTWARE SERVICE (THE "CONTENT") AS WELL AS, OBJECT CODE VERSION OF THE INCIDENTAL NAVIGATIONAL SOFTWARE AND RELATED DOCUMENTATION AND UPDATES THERETO MADE AVAILABLE BY DDXRX ® SOFTWARE (THE "SOFTWARE" AND COLLECTIVELY WITH THE CONTENT AND DATABASE, THE "DDXRX ® SOFTWARE INFORMATION").

DDXRX ® SOFTWARE IS WILLING TO PROVIDE DDXRX ® SOFTWARE SERVICE TO USER, AND TO USE, IF USER IS USING EITHER THE ONLINE SERVICE OR THE PDA SERVICE, DDXRX ® SOFTWARE INFORMATION ACCORDING TO THIS AGREEMENT, ONLY ON THE CONDITION THAT USER ACCEPTS ALL TERMS IN THIS AGREEMENT.

BY ACCEPTING THE TERMS AND CONDITIONS, USER ACKNOWLEDGES THAT USER HAS READ THIS AGREEMENT, UNDERSTANDS IT, AND AGREES TO BE BOUND BY IT.

1. SERVICES

During the term of this Agreement, DDXRX ® Software agrees to provide DDXRX ® Software Service to User and grants User a limited, non-exclusive, non-transferable license to:

  • (a) In the case of Users accessing the PDA Service, use DDXRX ® Software Information on User's personal mobile electronic device and use the Software solely to access the Content and updates thereto made available by DDXRX ® Software through the Auto Update synchronization process and use DDXRX ® Software Information in compliance with the Territory restrictions described below in "Restrictions"
  • (b) For Users of the Online Service, use DDXRX ® Software Information on DDXRX ® Software website (the "Website", currently located at www.DDxRx.com)
  • (c) For Users of the PDA Service and the Online Service, use DDXRX ® Software Information, in all cases solely for personal or professional non-commercial purposes, fully in accordance with the "Restrictions" set out below

2. RESTRICTIONS

User may not use, copy, modify, publish, distribute or transfer DDXRX ® Software Information, or any copy thereof, in whole or in part, except as expressly provided in this Agreement. User may not reverse engineer, disassemble, decompile, or translate DDXRX ® Software Information, or otherwise attempt to derive the source code of any Software or DDXRX ® Software Information, or authorize any third party to do any of the foregoing.

User is prohibited from developing, selling or distributing applications that are capable of launching, being launched from, or are otherwise integrated with DDXRX ® Software Information without the express written consent of DDXRX ® Software. User may not rent, lease, loan, resell for profit, distribute, sublicense or use in a time-sharing arrangement DDXRX ® Software Information, or any part thereof.

User is responsible for any activity that occurs through your account and you agree you will not sell, transfer, license or assign your account or any account rights. With the exception of people or businesses that are expressly authorized to create accounts on behalf of their employers or clients, you agree that you will not create an account for anyone other than yourself. You also represent that all information you provide or provided upon registration and at all other times will be true, accurate, current and complete and you agree to update your information as necessary to maintain its truth and accuracy.

3. OWNERSHIP

DDXRX ® Software Information is the property of The RobotDoctor, LLC. or DDXRX ® Software or its licensor(s) (and their licensors) and is protected by copyright and other intellectual property laws. DDXRX ® Software Information is licensed, not sold, to User for use only under the terms of this Agreement and only in connection with DDXRX ® Software Service, and DDXRX ® Software reserves all rights not expressly granted to User.

3.1 SOFTWARE

User agrees that all right, title, and interest in DDXRX ® Software and any enhancements or derivative works of DDXRX ® Software are, and shall at all times shall remain, the property of DDxRx. User shall not remove any trademark, copyright or other proprietary notices on or in any portion of DDXRX ® Software and will reproduce such notices in any copies of DDXRX ® Software made by user.

3.2 MODIFICATIONS

The license granted is for use of DDXRX ® Software Service as developed and owned by DDXRX ® Software. No alteration, modification, addition, enhancement or improvement made by DDXRX ® Software to the Software Service shall be the subject of this Agreement, and any use thereof by User shall require an additional license.

4. LICENSE FEE

As consideration for the yearly license to use DDXRX ® Software Service granted to you, you or your institution must pay subscription fee.

5. TERM; TERMINATION

The Agreement will terminate immediately without notice to User if User breaches any material term or condition of this Agreement. DDXRX ® Software reserves the right to modify any of its services and/or product offerings, or to terminate the Agreement at any time without notice to User. Upon termination, DDXRX ® Software' obligation to provide DDXRX ® Software Service, and all associated license rights granted to User, shall cease, and User shall promptly destroy, or return DDXRX ® Software Information to DDXRX ® Software.

6. CONTENT

6.1 CONTENT MAINTAINED BY DDXRX ® Software

User acknowledges and agrees that DDXRX ® Software or its licensors may, from time to time, elect to update information contained in DDXRX ® Software Information, but DDXRX ® Software does not warrant or guarantee that any product description(s) or other information contained in DDXRX ® Software Information or accessed through DDXRX ® Software Information will be updated at any time during the term of this Agreement.

6.2 ADDITIONAL CONTENT ADVISORY

DDXRX ® Software decision support application is intended for educational use by providing an index to a database of potential diagnoses that might be associated with a set of clinical features. The application must not be considered complete or comprehensive due to possible errors in the database or in the relationships of clinical findings to disease entities.

7. WARRANTY; DISCLAIMER

7.1 Software Warranty

For a period of thirty (30) days after User signup the Software (the "Software Warranty Period"), DDXRX ® Software warrants that the Software, when used as permitted under this Agreement and in accordance with the instructions provided from DDXRX ® Software, will operate substantially as described in such instructions.

7.2 DISCLAIMER

DDXRX ® Software SERVICE IS PROVIDED TO USER "AS IS." EXCEPT AS EXPRESSLY PROVIDED UNDER THIS AGREEMENT, DDXRX ® Software AND ITS AFFILIATES, AGENTS AND LICENSORS CANNOT AND DO NOT WARRANT THE SEQUENCE, ACCURACY, COMPLETENESS, CURRENCY, RESULTS OBTAINED FROM, OR NON-INFRINGEMENT OF DDXRX ® Software SERVICE PROVIDED HEREUNDER.

8. LIMITATION OF LIABILITY & INDEMNIFICATION

8.1 LIMITATION OF LIABILITY

NEITHER DDXRX ® Software NOR ITS AFFILIATES, AGENTS OR LICENSORS SHALL BE LIABLE TO THE USER OR ANYONE ELSE UNDER ANY CLAIM, DEMAND OR ACTION ARISING OUT OF OR RELATING TO USER'S USE OF DDXRX ® Software SERVICE, NOR DDXRX ® Software' PERFORMANCE OF (OR FAILURE TO PERFORM) ANY OBLIGATION UNDER THIS AGREEMENT, FOR ANY INACCURACY, DELAY, INTERRUPTION IN SERVICE, ERROR OR OMISSION IN DDXRX ® Software SERVICE, OR FOR DIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES.

8.2 INDEMNIFICATION

TO THE FULLEST EXTENT PERMITTED BY LAW THE USER AGREES TO INDEMNIFY, DEFEND AND HOLD HARMLESS DDXRX ® Software AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND LICENSORS FROM AND AGAINST ALL CLAIMS, ACTIONS LIABILITIES, LOSSES, EXPENSES, DAMAGES AND COSTS (INCLUDING, WITHOUT LIMITATION, REASONABLE ATTORNEYS' FEES).

9. EXPORT LAW

DDXRX ® Software Information and related technology are subject to U.S. export control laws and may be subject to export or import regulations in other countries. User agrees not to export DDXRX ® Software Information under any circumstances whatsoever.

10. GENERAL

10.1 GOVERNING LANGUAGE AND LAW

The governing language of this Agreement is English. This Agreement and the legal relations between the parties arising hereunder shall be governed by and interpreted in accordance with the laws of the State of Louisiana exclusively; as such laws apply to contracts between Louisiana residents performed entirely within Louisiana.

10.2 JURISDICTION AND CHOICE OF LAW

Exclusive jurisdiction to resolve any dispute arising under or relating to this License Agreement resides in the state courts of Mississippi and the federal courts of Harrison County, Mississippi and the parties waive any objection they might have to personal jurisdiction and venue in said forum.

10.3 ARBITRATION - CHOICE OF FORUM AND VENUE

Any dispute, controversy or claim arising out of or relating to this Agreement shall be settled by arbitration in St. Tammany Parish of Louisiana. The arbitrator shall be empowered to award only those damages which are permitted in this Agreement, subject to any disclaimers of damages and liability limits set forth herein.

10.4 PRIVACY

DDXRX ® Software' current privacy policies are available on the Website, at http://www.DDxRx.com and are incorporated herein by reference.

CONFIDENTIALITY/NON-DISCLOSURE AGREEMENT

This Confidentiality/Non-Disclosure Agreement (hereinafter, the "Agreement"), is entered into between RobotDoctor, LLC. (hereinafter, collectively "Discloser") and the user (hereinafter "Recipient").

It is understood and agreed to that the Discloser of confidential information may provide certain information related to the Discloser that is and shall be kept confidential and held in strict confidence.

Terms of Confidentiality

1. The Confidential Information to be disclosed can be described as and includes: Invention description(s), software demonstrations, software methods, computer code of any kind, software applications and operations, know-how related to the DDXRX AI system and any modifications to said system, algorithm, formulations, formulas, product concepts and ideas, technical and business information relating to proprietary ideas and inventions, ideas, patentable ideas, trade secrets, drawings and/or illustrations.

2. The Recipient agrees to hold the Confidential Information in strict confidence and to take all reasonable precautions to protect such Confidential Information.

MEDICAL DISCLAIMERS

This site is designed to offer you general health information for educational purposes only. The health information furnished on this site and the interactive responses are not intended to be professional advice and are not intended to replace consultation with a qualified physician, pharmacist or other healthcare professional.

You must always seek the advice of a professional for questions related to your disease, disease symptoms, and appropriate therapeutic treatments. If you have or suspect that you have a medical problem or condition, please contact a qualified healthcare provider immediately.

LIABILITY DISCLAIMERS

DDXRX ® Software MAKES NO WARRANTY OR REPRESENTATION, EXPRESS OR IMPLIED, AS TO THE ACCURACY OF THE DATA FROM WHICH THE INFORMATION IS COMPILED OR THE ACCURACY OF THE INFORMATION ITSELF, NOR THE COMPATIBILITY OF THE INFORMATION WITH ANY HARDWARE AND SYSTEMS, AND SPECIFICALLY DISCLAIMS THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

YOU USE THIS SITE AND THE MATERIAL AND INFORMATION ON THE SITE AT YOUR OWN RISK. DDXRX © Software AND ITS INFORMATION PROVIDERS SHALL NOT BE LIABLE FOR ANY DAMAGES ALLEGEDLY SUSTAINED ARISING OUT OF USE OF THE SITE.

RESTRICTIONS

No material from this website may be copied, reproduced, republished, uploaded, posted, transmitted, commercialized or distributed in any way, except as expressly permitted and provided you keep intact all copyright and other proprietary notices. Modification of the materials or use of the materials for any other purpose is a violation of DDXRX ® Software's copyright and other proprietary rights.

© RobotDoctor, LLC. All Rights Reserved.

The DDXRX Software (United States Patent US 9,536,051,B1). Protected by copyright and licenses restricting use, copying, distribution and de-compilation.

Contact Information:
RobotDoctor (Powered by DDxRx Software)
1120 Beach Blvd
Biloxi, MS 39530
USA