Our Terms and Conditions of use

 

Saralsoft, LLC, End User License Agreement (EULA)

5925 Almeda Road, Unit 12018 Houston, TX 77004  Tel: 508-725-8634

www.emedsim.com

 

Saralsoft, LLC  is a registered company whose registered office is at 5925 Almeda Road, Unit 12018 Houston, TX 77004. Saralsoft, LLC  owns www.emedsim.com. The following terms and conditions (“TOS”) govern all use of the Training Material(s) as described in the Appendix(A) that is mentioned in this License. (“Services”). This is a legal agreement between you or your company, firm or other organization (“you”) and Saralsoft, LLC. Please read this agreement carefully in its entirety before you download or use the Training Material(s). By confirming the purchase of the Training Material(s) or downloading the Training Material(s) you have selected to agree or to be bound by the terms of this EULA (the “Agreement”) and the Training Material(s) usage restrictions contained herein. If you do not wish to accept the terms of this Agreement, please discontinue from the payment process. Your continued use of this Training Material(s) will be deemed your conclusive acceptance of any modified agreement.

 

1) Definitions

 

1.1) “Terms”: Means the terms and conditions set out in this Agreement. “Intellectual Property”: Means all property, intellectual, industrial design and moral rights of every kind and nature, including all applications thereof, including but not limited to copyrights, trademarks, service marks, trade names, trade dress, symbols, logos and designs, trade secret rights and registrations. “License”:

1.2) Means the non-exclusive (unless otherwise stated in the Invoice) non-sub licensable right Saralsoft, LLC grants to you to use the Training Material(s).

1.3) “Reproduction”: Includes any form of copying of the whole or part of any Training Material(s) whether by electronic, digital or mechanical means.

1.4) Reproduction further includes the copying or distortion or manipulation of the whole or part of any Training Material(s) (for example, by computer, electronically, digitally by an artist or by any other means), even though the resulting Training Material(s) may not appear to a reasonable person to be derived from the original Training Material(s).

1.5) “Licence Fee”: Means any sum or sums payable to Saralsoft, LLC by you in respect of the License.

 

2) Copies, Modifications and Use

 

2.1) Saralsoft, LLC grants to you a perpetual license in non-exclusive, non-sub licensable and non-assignable manner to use the Training Material(s) solely for within your organization. When exercising this right you must ensure any notice of copyright, trademark or other proprietary right is not removed from any place where it is placed on or embedded in the Training Material(s).

2.2) Saralsoft will deliver the Training Material(s) in raw HD form (file types accepted are .mov, .mp4) via a downloadable link.

2.3) Licensee may make copies of the Training Material(s) for archival purposes and as required for modification to the system. All copies and distribution of the Training Material(s) shall remain within the direct control of Licensee and its representatives.

2.4) Licensee may upload the Training Material(s) on the Licensee’s website.

2.5) The Licensor is fully authorize to put any and all portion of the Training Material(s) on the Licensor’s own website and use internally or externally as necessary.

2.6) This license specifically prohibits Licensee to put any and all part of the Training Material(s) in a free public media, social media sites or on any public channels, but not limited to, including YouTube channel.

 

3) Grant of rights and restrictions

 

3.1)  In no way does the Training Material(s) license confer and right in Licensor to license, sublicense, sell or otherwise authorize the use of the software, whether in executable form, source code or otherwise, by any third parties, except in connection with the use of the system as part of Licensor’s business.

3.2) You may alter, crop, manipulate and create derivative works from the Training Material(s), as long as the copyright, trademark or other proprietary right is not removed from any place where it is placed on or embedded in the Training Material(s).

3.3) You may not incorporate Training Material(s) (or any part of them) into a logo, trademark, service mark or application thereof.

3.4) You may not use the Training Material(s) in a pornographic, defamatory, fraudulent, lewd, obscene or otherwise illegal manner, including but not limited to infringing any third party intellectual property or privacy rights, whether directly or in context or by juxtaposition with other materials.

3.5) The Training Material(s) may not be sublicensed or resold.

3.6) You will immediately notify Saralsoft, LLC if you become aware or suspect that any third party has gained access to the Training Material(s) through you, is wrongfully using the Training Material(s), in whole or in part, or is violating any of Saralsoft, LLC intellectual property rights, including, but not limited to, trademarks and copyrights.

 

4) Intellectual Property Issues

 

4.1) Nothing herein is intended or shall be construed to transfer or assign any Intellectual Property rights of Saralsoft, LLC to you.

4.2) You acknowledge that all right, title and interest in and to the Training Material(s), including, without limitation, any and all trademark, copyright and any other Intellectual Property rights therein remain with Saralsoft, LLC.

 

5) Warranty and limitation of liability

 

5.1) Saralsoft, LLC guarantees that should any Training Material(s) have defects in material or workmanship and these are notified in writing to Saralsoft, LLC within thirty (30) days from the date of delivery of the Training Material(s) then Saralsoft, LLC will replace the Training Material(s) with another digital copy of the Training Material(s) free from defect.

5.2) Saralsoft, LLC makes no other warranty, express or implied, including, without limitation, any implied warranties of merchantability or fitness for a particular purpose.

5.3) Saralsoft, LLC shall not be liable to you or any other person or entity by reason of any representation (unless fraudulent) or any implied warranty, condition or other term, or any duty at common law, or under the express terms of this Agreement for any loss of profit or any indirect, special or consequential loss, damage, costs, expenses or other claims, which arises out of or in connection with this Agreement.

5.4) Saralsoft represents and warrants to Licensee that: it has all necessary rights and authority to execute and deliver the Training Material(s) and perform its obligations hereunder and to grant the rights granted under this License.

5.5) The Training Material(s) provided by the Licensor under this License, and all intellectual property provided hereunder, are original to Saralsoft or its subcontractors or partners.

5.6) The Training Material(s), as delivered as part of the system, will not infringe or otherwise violate the rights of any third party, or violate any applicable law, rule or regulation.

5.7) Except as expressly stated in this Agreement, there are no warranties, express or implied, including, but not limited to, the implied warranties of fitness for a particular purpose, or merchantability.

 

6) Indemnity

 

6.1) Saralsoft hereby indemnifies and shall defend and hold harmless Licensee, its parent companies and its and their subsidiaries, affiliates, officers, directors, employees, agents and subcontractors from and against all liability, damage, loss, cost or expense, including but not limited to reasonable attorney’s fees and expenses, arising out of or in connection with any breach or alleged breach of the Agreement or any third party claims that the Software or system here by Saralsoft infringes or otherwise violates any rights of any such third party.

6.2) You agree to indemnify and hold harmless Saralsoft, LLC and their respective parents, subsidiaries, successors, assigns, and all employees and agents thereof against any and all claims, damages, losses, expenses or costs, including but not limited to any reasonable attorney’s fees, arising out of any unauthorized use or allegedly unauthorized use of any Training Material(s) supplied to you by Saralsoft, LLC, or any other breach by you of any of your obligations under this Agreement.

6.3) Upon the assertion of any claim of the commencement of any suit or proceeding against an indemnitee by any third party that may give rise to liability of any indemnitor hereunder, the Indemnitee shall promptly notify the Indemnitor of the existence of such a claim and shall give the Indemnitor reasonable opportunity to defend and to settle the claim at its own expense and with the counsel of its own selection. The Indemnitee shall cooperate with the Indemnitor, shall at all times have the right full to participate in such a defense at its own expense and shall not be obligated, against its consent, to participate in any settlement which it reasonably believes would have an adverse effect on its business.

 

7) Transfer and Termination

 

7.1) Saralsoft, LLC may terminate the license upon notice for failure to comply with any of the terms set forth in this License. Upon termination, the Licensee is obliged to immediately destroy the Training Material(s), including all copies and modifications.

 

8) Disclaimers and Limitation of Liability

 

8.1) User’s’ access this Training Material(s) at his/her/its own risk. The Training Material(s) is provided on an “as is, as available” basis without warranty of any kind, expressed, implied or statutory, and any and all warranties of merchantability, fitness for a particular purpose or non-infringement of third parties’ rights are specifically disclaimed. Saralsoft, LLC does not warrant any particular result from the use of the Training Material(s). Saralsoft, LLC does not warrant that the information on the Training Material(s) is accurate, complete or complies with any particular law or regulation, or that the operation of and your access to the Training Material(s) will be uninterrupted, error-free, virus-free or completely secure.

8.2) Under no circumstances and under no legal theory (tort, contract or otherwise) shall Saralsoft, LLC or any of its affiliates, agents, employees, shareholders, directors, officers, third party content providers, successors or assigns be liable to you or any other person or entity for any indirect, special, incidental, punitive or consequential damages of any character, including without limitation, damages for loss of goodwill, work stoppage, computer failure or malfunction, loss of data, loss of productivity or contract, or any and all other commercial damages or losses.

8.3) Your use of this Training Material(s) is at your sole risk and any content that you download is at your own discretion and risk, and you are solely responsible for any damage to your computer system in excess of the amount Saralsoft, LLC received from licensee for the Training Material(s), and for any loss of data that results from the downloading of any such content, including any damages resulting from computer viruses.

8.4) In no event will Saralsoft, LLC be liable for any damages in excess of the amount Saralsoft, LLC received from the licensee at the time of purchasing the Training Material(s), even if Saralsoft, LLC have been informed of the possibility of such damages, or for any claim by any other party.

8.5) In no event will warranties provided by law, if any, apply unless they are required to apply by statute notwithstanding their exclusion by contract.

8.6) This disclaimer is applicable to any damage or injury resulting from the negligence or an omission of Saralsoft, LLC, computer virus or other similar item, telecommunications errors, or unauthorized access to or use of user information through theft or any other means. Saralsoft, LLC is not liable for criminal, tortious, or negligent actions or omissions of third parties that affect the Training Material(s).

 

9) Payment Information

 

9.1) We use a third-party payment processor (“PayPal”) to bill users.

9.2) The processing of payments shall be subject to the terms, conditions and privacy policies of PayPal in addition to our TOS.

9.3) We are not responsible for error or delays by PayPal. By making a purchase, you agree to pay us, through PayPal, all charges at the prices stated for the applicable purchase plan.

9.4) You further authorize us, through PayPal, to charge your chosen payment provider (your “Payment Method”).

9.5) You agree to make payment using that selected Payment Method.

9.6) Τhe terms of your payment will depend on your Payment Method and may be determined by agreements between you and the financial institution, credit card issuer or other providers of your chosen Payment Method.

9.7) PayPal may collect your credit card information as well as other personal information to process the payment.

9.8) You may find out more about the PayPal’s terms of use and privacy policy here.

 

10) Cancellation Policy

 

10.1) All cancellations must be received in writing, preferably through email at fshah@emedsim.com

10.2) If the licensee cannot access the Training Material(s) via www.emedsim.com because they fail to meet the required system requirements given on the website, then Saralsoft, LLC  will not take responsibility or will not provide a refund to the licensee.

 

11) Assignment

 

11.1) Both parties shall be able to assign this agreement and/or obligations to a successor.

 

12) General

 

12.1) Saralsoft, LLC  reserve the right to change the content used at any time.

12.2) Once the Training Material(s) is purchased, the user is not entitled to a refund.

12.3) All rights not expressly granted herein are reserved.

12.4) These Terms and Conditions shall be governed by and construed in accordance with the laws of Houston, Texas, United States of America.

12.5) If you do not agree with these Terms and Conditions you must cease the use of the Training Material(s) immediately and notify Saralsoft, LLC of your intent not to continue.

12.6) Entire Agreement: This agreement constitutes the complete and exclusive statement of the agreement between the parties related to the subject matter hereof. All previous communications or negotiations, whether written or oral, are hereby waived.

12.7) Arbitration or Disputes: Any dispute or controversy arising under, out of, or in connection with or in relation to this agreement, or the breach thereof, shall be determined and settled by arbitration in accordance with the rules of the American Arbitration Association, then in effect.

12.8) Any award rendered therein shall be final and binding on each and all of the parties.

12.9) Notices, Amendments and Alterations. All notices hereunder shall be in writing and shall be directed to Licensee or to Saralsoft , LLC at its respective address.

12.10) Notices shall be personally delivered or sent by prepaid registered or certified mail return receipt requested.

12.11) Notices shall be deemed effective upon receipt.

12.12) Any amendment, waiver or modification of this agreement must be made in writing and must be signed by an authorized corporate officer of XYZ.

 

13) Attorney’s Fees.

 

13.1) In any arbitration or legal action between the parties’ arising out of or in connection with this agreement, the prevailing party shall be entitled, in addition to damages and injunctive or other relief, to its reasonable fees and costs, including reasonable attorney’s fees.

13.2) Partial Invalidity. If any provision of this agreement is determined to be unenforceable or invalid, the remaining provisions of this agreement shall not be affected and shall remain in full force and effect.

 

Appendix A

 

14.1) Customer is licensing a Training Material(s) for the Patient Education of the Hyperbaric Oxygen Chamber Therapy.

14.2) The Training Material(s) consists of a recorded version of approximately 30 minutes High Definition video focused and related to Hyperbaric Oxygen Chamber Therapy.

14.3) The video consists of the following topics:

  1. Getting answers to the most common questions about what is hyperbaric therapy? How does it work? Is it good for me?
  2. When and where it is given? How does it improve outcomes?
  3. Ability to learn while doing allows patients to interact and visualize how hyperbaric therapy works on human body in real like environment.
  4. Audio/Visual education provides better retention and ability to understand different processes in hyperbaric therapy easily.
  5. Allows patients to take an in-depth virtual tour of Mono place facility and learn how each chamber works.
  6. Allows patients to practice different equalization techniques and avoid the most commonly occurring side effects in hyperbaric therapy
  7. Going through the General dos and don’ts in an interactive virtual environment increases patient compliance with the therapy.

I have read and agree to the following

Please checkmark the above box to proceed with payment.

If you are not able to complete your payment, please email us at fshah@emedsim.com