Category II Management Algorithm App


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BEFORE INSTALLING AND USING THE APPLICATION AND UNDERLYING TECHNOLOGY WHICH YOU HAVE DOWNLOADED (“APPLICATION”) YOU SHOULD CAREFULLY READ THE FOLLOWING LICENSE AGREEMENT (“AGREEMENT”) THAT APPLIES TO THE APPLICATION. CLICK “I AGREE” IF YOU FULLY ACCEPT AND AGREE TO ALL OF THE PROVISIONS OF THIS AGREEMENT. OTHERWISE, CLICK “CANCEL.” CLICKING “I AGREE” OR OTHERWISE DOWNLOADING, INSTALLING AND/OR USING THE APPLICATION ESTABLISHES A BINDING AGREEMENT BETWEEN YOU AS THE PERSON LICENSING THE APPLICATION, EITHER ON BEHALF OF YOURSELF OR ANY THIRD PARTY ENTITY (THE “LICENSEE”) AND PERIGEN, INC. (“PERIGEN”). IF YOU DO NOT ACCEPT ALL OF THE TERMS OF THIS AGREEMENT, YOU SHALL HAVE NO RIGHT TO DOWNLOAD, INSTALL AND/OR USE THE APPLICATION AND MUST DELETE THE APPLICATION AND ASSOCIATED FILES IMMEDIATELY. BY INSTALLING AND/OR BY USING THE APPLICATION, YOU REPRESENT AND WARRANT THAT YOU HAVE THE LEGAL CAPACITY AND AUTHORITY TO ENTER INTO A BINDING AGREEMENT TO ADHERE TO THE TERMS AND CONDITIONS SET FORTH HEREIN, AND THAT THE APPLICATION WILL BE USED ONLY IN ACCORDANCE WITH THESE TERMS AND CONDITIONS AND WITH ALL APPLICABLE LAWS. IF AN INDIVIDUAL IS REGISTERING OR USING THE APPLICATION ON BEHALF OF AN ENTITY OR ORGANIZATION, THAT INDIVIDUAL WARRANTS, REPRESENTS, AND COVENANTS TO PERIGEN THAT SUCH INDIVIDUAL IS DULY AUTHORIZED TO AGREE TO THESE TERMS AND CONDITIONS ON BEHALF OF THE ORGANIZATION AND TO BIND THE ORGANIZATION TO THEM. Grant of License. You may use the Application for your internal business purposes only. Restrictions. You may not use the Application for any unlawful purpose. You may not forward, modify, adapt, translate, or prepare derivative works from the Application, or decompile, reverse engineer, disassemble or otherwise attempt to derive source code from the Application, or remove, obscure, or alter any trademarks or copyright or other proprietary rights notices affixed to or contained within or accessed in conjunction with or through the Application. Termination. This Agreement is effective upon your download of the Application, and remains effective until terminated. This license will terminate immediately without notice from PeriGen or judicial resolution if you fail to comply with any provision of this Agreement. Upon such termination you must destroy the Application, all accompanying written materials and all copies thereof, and the sections entitled Limited Warranty, Limitation of Remedies and Damages, and General will survive any termination. Disclaimer. YOU ACKNOWLEDGE THAT (I) PERIGEN IS NOT ASSUMING ANY PROFESSIONAL RESPONSIBILITY FOR PATIENTS OR PATIENT CARE, INCLUDING RESPONSIBILITIES THAT WOULD REQUIRE OR PERMIT PERIGEN TO ENGAGE IN THE PRACTICE OF MEDICINE; (II) THE APPLICATION IS NOT INTENDED TO SUBSTITUTE FOR, OR TO REPLACE, THE SKILL, KNOWLEDGE AND EXPERIENCE OF LICENSED PHYSICIANS OR OTHER CARE PROVIDERS; (III) PERIGEN IS NOT PROVIDING THE APPLICATION HEREUNDER TO YOU AS A SUBSTITUTE OR REPLACEMENT FOR THE MEDICAL JUDGMENT OF THE YOUR PHYSICIANS OR OTHER CARE PROVIDERS; AND (IV) PERIGEN HAS NO AND DISCLAIMS ANY RESPONSIBILITY WHATSOEVER FOR, AND YOU RELEASE PERIGEN FROM ANY DAMAGES ARISING FROM OR RELATED TO, THE CONDUCT OF YOUR BUSINESS OR PATIENT CARE, AND ANY RELIANCE UPON THE APPLICATION SHALL NOT DIMINISH YOUR RESPONSIBILITY FOR PATIENT CARE. YOU SHALL BE SOLELY RESPONSIBLE FOR THE ACCURACY AND ADEQUACY OF INFORMATION AND DATA FURNISHED BY IT FOR PROCESSING AND ANY USE MADE BY YOU OR YOUR STAFF OF THE OUTPUT OF THE APPLICATION OR ANY RELIANCE THEREON. Limitation of Remedies and Damages. Regardless of whether any remedy set forth herein fails of its essential purpose, IN NO EVENT SHALL PERIGEN OR ANY OF ITS AFFILIATES, OR THEIR LICENSORS, DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS BE LIABLE TO YOU FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE OR SIMILAR DAMAGES WHATSOEVER (including, without limitation, damages for loss of business profits, business interruption, loss of business information and the like), whether foreseeable or unforeseeable, arising out of the use or inability to use the Application or accompanying written materials, regardless of the basis of the claim, even if PeriGen has been advised of the possibility of such damage. PeriGen’s total liability to you, for direct damages for any cause whatsoever, regardless of the basis of the form of action, will be limited to $100.00. General. This Agreement shall be governed by the laws of the State of New Jersey, exclusive of its conflicts of laws provisions and without regard to the United Nations Convention on Contracts for the International Sale of Goods, and any suit under this Agreement shall exclusively be brought in a federal or state court in New Jersey. The delay or failure of either party to exercise any right provided in the Agreement shall not be deemed a waiver. All notices must be in writing and shall be delivered by hand (effective when received) or mailed by registered or certified mail (effective on the third day following the date of mailing). If for any reason a court of competent jurisdiction finds any provision or portion of this Agreement to be unenforceable, the remainder of this Agreement will continue in full force and effect. This Agreement, constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. Any amendment to any provision of this Agreement will be effective only if in writing and signed by both parties.

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