Lab Analyzer Terms
Important information related to Paloma Lab Analyzer:
Paloma Lab Analyzer is designed to recommend hypothyroid management solutions for you. To do this, you will need to provide responses related to your demographics, health, and/or a medical condition. Your responses will be used by Butterfly Technologies Inc. for research and analysis of the Analyzer tool, to further refine the Analyzer algorithm, to develop and improve Butterfly Technologies Inc.’ products and services and for marketing Butterfly Technologies Inc.’ products and services.
LEGAL DISCLAIMER: Paloma Lab Analyzer is a decision support tool to help users manage their hypothyroidism, and is not a substitute for professional medical advice, diagnosis, or treatment. Information from Paloma Lab Analyzer is not meant to provide formal medical diagnoses or prescription therapies.
Paloma Lab Analyzer is not intended to provide solutions for those who have any medical condition.
Thank you for choosing to access and use Paloma Lab Analyzer, a software-based tool for assessing your hypothyroid pattern, providing feedback, and recommending clinically validated solutions to help you improve your thyroid (the “Software Tool”). It is important that you carefully read this notice in its entirety before accessing and using the Software Tool.
LICENSE AGREEMENT BETWEEN Butterfly Technologies Inc. AND YOU.
THIS IS A LEGAL AGREEMENT ("Agreement") between Butterfly Technologies Inc. and you, the end user ("You"). (You are defined as a person - and NOT ever defined as an electronic distribution device such as a multi-user server or LAN system.) The Software Tool to which you are being given access is not being sold to You.
In consideration of Your agreement to the terms and conditions of this Agreement, Butterfly Technologies Inc. grants to You a limited, non-exclusive, non-transferable license, without the right to sub-license, to access the Software Tool solely for Your personal use. Other than this limited license granted to You, all rights, title, and interest in and to the Software Tool remain solely with Butterfly Technologies Inc. at all times.
BY CHECKING THE BOX ON THE ACKNOWLEDGEMENT BEFORE SUBMITTING THE SURVEY, YOU AGREE TO THE FOLLOWING TERMS AND CONDITIONS:
I. YOUR RIGHTS AND OBLIGATIONS.
A. Use.
The Software Tool is hosted by Butterfly Technologies Inc.. You may use access and use the Software Tool over the Internet from any connected computer. You assume full responsibility for the selection of the Software Tool to achieve the results intended by You, the accessing and use of the Software Tool, and the results of use of the Software Tool. By using the Software Tool, you will be presented with feedback and recommendations. You may copy such feedback and recommendations including by way of the taking of screen shots or screen prints.
B. Restrictions.
The Software Tool has been customized by Butterfly Technologies Inc. and contains certain proprietary information, including but not limited to, ideas and techniques of Butterfly Technologies Inc. that are protected under copyright and other intellectual property laws. To protect such proprietary information, You shall not loan, rent, lease, give, sell, sublicense, assign, or otherwise transfer the Software Tool, in whole or in part, to any other person, or grant or otherwise transfer or attempt to transfer any rights in, under or to the Software Tool, or Your right to access or use the Software Tool, in whole or in part, to any other person. In addition, You agree that you shall not use the Software Tool to process data for any third party or use or permit the use of the Software Tool to operate a service bureau. You shall not, and shall not permit another to, modify, translate, reverse engineer, decompile, reverse-compile, translate, disassemble, reverse assemble, or create derivative works based on the Software Tool. You shall not, and shall not permit anyone else to, copy or otherwise reproduce the Software Tool or any part or aspect thereof, including without limitation the taking of screen shots or screen prints depicting the operation of the Software Tool (except that You may copy feedback and recommendations provided by the Software Tool). You shall not use or permit the use of the Software Tool for any purpose other than the intended purpose contemplated hereunder.
Failure to comply with any of the restrictions herein will result in automatic termination of this Agreement and the license granted hereby, and will make available to Butterfly Technologies Inc. certain remedies at law, in equity, or under this Agreement. You acknowledge that such failure to comply may cause irreparable injury to Butterfly Technologies Inc. for which Butterfly Technologies Inc. would be entitled to injunctive relief.
II. OWNERSHIP
Except for the limited license granted hereunder, Butterfly Technologies Inc. retains all rights, title, and interest in and to the Software Tool. Title to and ownership of the Software Tool remain with Butterfly Technologies Inc. and do not pass to You at any time.
III. TERMINATION
You may terminate this Agreement at any time by ceasing to access and use the Software Tool, at which time Your license to use the Software Tool shall terminate. The other terms and conditions of this Agreement shall survive the termination of this Agreement, and You shall continue to be bound by such terms and conditions. This Agreement and the license rights hereunder will terminate automatically if You breach any of the terms or conditions of this Agreement, and upon such breach, You shall promptly stop accessing and using the Software Tool.
IV. LIMITED WARRANTY, DISCLAIMER, AND ACKNOWLEDGEMENTS.
THE SOFTWARE TOOL IS PROVIDED “AS-IS” WITHOUT ANY WARRANTIES OF ANY KIND. BUTTERFLY TECHNOLOGIES INC. HEREBY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. SOME STATES AND COUNTRIES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. Butterfly Technologies Inc. is not responsible for problems caused by changes in the operating characteristics of the hardware or operating system software of the computer You are using to access the Software Tool, nor for any problems in the interaction of the Software Tool with non-Butterfly Technologies Inc. software. You agree to indemnify, defend and hold Butterfly Technologies Inc. harmless from any claim for loss or damage (including attorney’s fees) in connection with Your use of the Software Tool.
ALTHOUGH THE SOFTWARE TOOL IS A DECISION SUPPORT TOOL TO HELP USERS MANAGE THEIR HYPOTHYROIDISM, YOU ACKNOWLEDGE THAT (1) THE SOFTWARE TOOL IS NOT A SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS OR TREATMENT, (2) INFORMATION FROM THE SOFTWARE TOOL IS NOT INTENDED TO PROVIDE PRIMARY RECOMMENDATIONS (YOU MAY INDEPENDENTLY REVIEW THE BASIS FOR THE SOFTWARE TOOL’S RECOMMENDATIONS THROUGH YOUR OWN RESEARCH), (3) IF YOU THINK YOU MAY HAVE A MEDICAL EMERGENCY, YOU SHOULD IMMEDIATELY CALL YOUR DOCTOR OR DIAL 911, AND (4) THAT YOU SHOULD TALK TO YOUR DOCTOR BEFORE STARTING ANY THYROID MANAGEMENT THERAPY.
V. LIMITATION OF LIABILITY.
IN NO EVENT SHALL BUTTERFLY TECHNOLOGIES INC. BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, PUNITIVE, OR SPECIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE ACCESSING OF AND USE OF THE SOFTWARE TOOL, THE DELAY OR INABILITY TO USE THE SOFTWARE TOOL OR OTHERWISE ARISING FROM THIS AGREEMENT, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, EVEN IF BUTTERFLY TECHNOLOGIES INC. HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. THE TOTAL LIABILITY OF BUTTERFLY TECHNOLOGIES INC. UNDER OR ARISING OUT OF THIS AGREEMENT WITH RESPECT TO THE SOFTWARE TOOL, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE OR STRICT LIABILITY), OR OTHERWISE, SHALL NOT EXCEED, IN THE AGGREGATE, THE AMOUNTS RECEIVED BY BUTTERFLY TECHNOLOGIES INC. FROM YOU FOR THE SOFTWARE TOOL, IF ANY. THE FOREGOING LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. SOME STATES AND COUNTIES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
VI. APPLICABLE LAW AND JURISDICTION.
This Agreement shall be governed by and construed in accordance with the laws of the New York, USA, without regard to conflict of laws principles. The state and federal courts of New York, New York shall have the exclusive jurisdiction and venue with respect to any disputes arising under this Agreement, and You hereby expressly consent to the personal jurisdiction of such courts.
VII. ENTIRE AGREEMENT.
This Agreement sets forth the entire agreement between You and Butterfly Technologies Inc. with respect to the licensing, accessing, and use of the Software Tool, and supersedes all prior agreements, discussions or representations made with respect to the Software Tool. No terms or conditions of this Agreement may be modified except in writing and signed by Butterfly Technologies Inc.. The invalidity or unenforceability of any provision of this Agreement shall not affect the validity or enforceability of any other provision hereof.
