PERFECT WARD END-USER LICENCE AGREEMENT
PLEASE READ CAREFULLY BEFORE REGISTERING TO USE PERFECT WARD. BY ACCESSING AND USING THE PERFECT WARD APP, YOU ACCEPT THESE TERMS AND CONDITIONS. IN PARTICULAR, YOU AGREE THAT PATIENT PRIVACY AND DIGNITY IS VITALLY IMPORTANT, AND YOU MUST NEVER USE PERFECT WARD TO COLLECT OR STORE ANY INFORMATION FROM WHICH ANY PATIENT OR OTHER INDIVIDUAL MAY BE IDENTIFIED.
This end-user licence agreement (EULA) is a legal agreement between you (End-user or you) and Bolt Partners Ltd (registered number 09954491) of 383a Euston Road, London, NW1 3AU (Licensor, us or we) for use of the Perfect Ward application software and all associated information, documents and websites (together referred to as Perfect Ward), as well as any other service that may be accessible through Perfect Ward (Service).
We licence use of Perfect Ward to you on the basis of this EULA and subject to any rules or policies applicable to the appstore or website from which you accessed Perfect Ward (Appstore Rules). We do not sell Perfect Ward to you or the organisation you work for who may have purchased access to Perfect Ward on your behalf. We remain the owners of Perfect Ward at all times.
• If you do not agree to the terms of this licence, we will not license Perfect Ward to you and you must stop the sign-up process now and will not be able to use Perfect Ward.
A copy of this EULA is available on the Perfect Ward website at https://www.perfectward.com/end-user-licence-agreement. You should print or save a copy of this EULA for future reference.
1.1 The terms of this EULA apply to Perfect Ward or any of the services accessible through Perfect Ward (Services), including any updates or supplements to Perfect Ward or any Service, unless they come with separate terms, in which case those terms apply. If any open-source software is included in Perfect Ward or any Service, the terms of an open-source licence may override some of the terms of this EULA.
1.2 We may change these terms at any time by sending you an email with details of the change or notifying you of a change when you next log into Perfect Ward. The new terms may be displayed on-screen and you may be required to read and accept them to continue your use of Perfect Ward and the Services.
1.3 We may update Perfect Ward from time to time and such updates may be automatic. If you do not wish to use the updated version, you must stop using Perfect Ward.
1.4 You will be assumed to have obtained permission from the owners of any mobile telephone or handheld devices that are controlled, but not owned, by you (Devices) and to access Perfect Ward on the Devices. You and they may be charged by your and their service providers for internet access on the Devices. You accept responsibility in accordance with the terms of this EULA for the use of Perfect Ward or any Service on or in relation to any Device, whether or not it is owned by you, and for ensuring the security and access of the Device and all information held on it, for example by using secure passwords and logging out of Perfect Ward when you are not using it.
1.6 By using Perfect Ward or any of the Services, you consent to us collecting and using technical information, including location information, about the Devices and related software, hardware and peripherals for Services that are internet-based or wireless to improve our products and to provide any Services to you. According to our agreement with your organisation, we also have an ongoing right to use any information that you submit to Perfect Ward while you are using it (this information is not personal to you, but relates to your organisation).
1.7 Perfect Ward or any Service may contain links to other independent third-party websites (Third-party Sites). Third-party Sites are not under our control, and we are not responsible for and do not endorse their content or their privacy policies (if any). You will need to make your own independent judgement regarding your interaction with any Third-party Sites, including the purchase and use of any products or services accessible through them.
1.8 Any words following the terms including, include, in particular or for example or any similar phrase shall be construed as illustrative and shall not limit the generality of the related general words.
2. Grant and scope of licence
3. Licence restrictions
Except as expressly set out in this EULA or as permitted by any local law, you agree:
(a) not to copy Perfect Ward except where such copying is incidental to normal use of Perfect Ward, or where it is necessary for the purpose of back-up or operational security;
(b) not to rent, lease, sub-license, loan, translate, merge, adapt, vary or modify Perfect Ward;
(c) not to make alterations to, or modifications of, the whole or any part of Perfect Ward, or permit Perfect Ward or any part of it to be combined with, or become incorporated in, any other programs;
(d) not to disassemble, decompile, reverse-engineer or create derivative works based on the whole or any part of Perfect Ward or attempt to do any such thing except to the extent that (by virtue of section 296A of the Copyright, Designs and Patents Act 1988) such actions cannot be prohibited because they are essential for the purpose of achieving inter-operability of Perfect Ward with another software program, and provided that the information obtained by you during such activities:
(i) is used only for the purpose of achieving inter-operability of Perfect Ward with another software program;
(ii) is not unnecessarily disclosed or communicated without our prior written consent to any third party; and
(iii) is not used to create any software that is substantially similar to Perfect Ward;
(e) to keep all passwords you may use to access Perfect Ward secure;
(f) to include our copyright notice (© Bolt Partners Ltd. All rights reserved.) on all entire and partial copies you make of Perfect Ward on any medium;
(g) not to provide or otherwise make available Perfect Ward in whole or in part (including object and source code), in any form to any person without prior written consent from us; and
(h) to comply with all technology control or export laws and regulations that apply to the technology used or supported by Perfect Ward or any Service (Technology),
together Licence Restrictions.
4. Acceptable use restrictions
(a) not use Perfect Ward or any Service to collect or store any information (including notes, comments, images or any other content) from which any patient or other individual may be identified, and you must never input information like this to Perfect Ward or do anything which might infringe any patient’s privacy or dignity;
(b) not use Perfect Ward or any Service in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with this EULA, or act fraudulently or maliciously, for example, by hacking into or inserting malicious code, including viruses, or harmful data, into Perfect Ward, any Service or any operating system;
(c) not infringe our intellectual property rights or those of any third party in relation to your use of Perfect Ward or any Service, including the submission of any material (to the extent that such use is not licensed by this EULA);
(d) not transmit any material that is defamatory, offensive or otherwise objectionable in relation to your use of Perfect Ward or any Service;
(e) not use Perfect Ward or any Service in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users; and
(f) not collect or harvest any information or data from any Service or our systems or attempt to decipher any transmissions to or from the servers running any Service.
5. Intellectual property rights
5.1 You acknowledge that all intellectual property rights in Perfect Ward and the Technology anywhere in the world belong to us or our licensors, that rights in Perfect Ward are licensed (not sold) to you, and that you have no rights in, or to, Perfect Ward or the Technology other than the right to use each of them in accordance with the terms of this EULA.
5.2 You acknowledge that you have no right to have access to Perfect Ward in source-code form.
6. Limitation of liability
6.1 You acknowledge that Perfect Ward has not been developed to meet your individual requirements, and that it is therefore your responsibility to ensure that the facilities and functions of Perfect Ward meet your requirements.
6.2 We have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
6.3 We are only responsible for loss or damage you suffer that is a foreseeable result of our breach of this EULA or our negligence up to the limit specified in condition 6.4.
6.4 Our maximum aggregate liability under or in connection with this EULA (including your use of any Services) whether in contract, tort (including negligence) or otherwise, shall in all circumstances be limited to £500. This does not apply to the types of loss set out in condition 6.5.
6.5 Nothing in this EULA shall limit or exclude our liability for:
(a) death or personal injury resulting from our negligence;
(b) fraud or fraudulent misrepresentation; and
(c) any other liability that cannot be excluded or limited by English law.
7.1 We may terminate this EULA immediately by giving notice to you:
(a) if you commit a material or persistent breach of this EULA which you fail to remedy (if remediable) within 14 days after the service of written notice requiring you to do so;
(b) if you breach any of the Licence Restrictions or the Acceptable Use Restrictions; and
(c) if our agreement with the company you work for which purchased access to Perfect Ward on your behalf comes to an end.
7.2 On termination for any reason:
(a) all rights granted to you under this EULA shall cease;
(b) you must immediately cease all activities authorised by this EULA, including your use of any Services;
(c) you must immediately delete or remove Perfect Ward from all Devices, and immediately destroy all copies of Perfect Ward then in your possession, custody or control and certify to us that you have done so;
(d) we may remotely access the Devices and remove Perfect Ward from all of them and cease providing you with access to the Services.
8. Communication between us
8.1 If you wish to contact us in writing, or if any condition in this EULA requires you to give us notice in writing, you can send this to us by e-mail at firstname.lastname@example.org. We will confirm receipt of this by contacting you in writing, normally by e-mail.
8.2 If we have to contact you or give you notice in writing, we will do so by e-mail.
9. Other important terms
9.1 We may transfer our rights and obligations under this EULA to another organisation, but this will not affect your rights or our obligations under this EULA.
9.2 You may only transfer your rights or obligations under this EULA to another person if we agree in writing.
9.3 If we fail to insist that you perform any of your obligations under this EULA, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
9.4 Each of the conditions of this EULA operates separately. If any court or competent authority decides that any of them are unlawful or unenforceable, the remaining conditions will remain in full force and effect.
9.5 Please note that this EULA, its subject matter and its formation, are governed by English law. You and we both agree that the courts of England and Wales will have non-exclusive jurisdiction.
These terms were last reviewed in January 2016.