End User License Agreement
DentalSMARTmirror Inc. Terms and Conditions for iOS Devices
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PLEASE READ THE FOLLOWING CAREFULLY BEFORE INSTALLING AND/OR USING OUR SYSTEM (AS DEFINED BELOW) OR ANY PART THEREOF INCLUDING THE APP, THE SMART DENTAL MIRRORS, AND THE SMART MIRROR COMPUTER AND DOCKING PLATFORM. IN ADDITION TO ANYTHING ELSE UNDER THESE TERMS AND CONDITIONS (“AGREEMENT”), PLEASE NOTE THIS SYSTEM (OR ANY PART THEREOF) IS PROVIDED AS A BETA PRODUCT AND THEREFORE ANY USE MADE BY YOU IS UNDER YOUR ACCEPTANCE OF THE FACT THAT THIS IS A BETA PRODUCT THAT HAS NOT YET UNDERGONE ALL NEEDED QUALITY CHECKS, APPROVALS, ETC AND YOUR ALLOWANCE BY US TO MAKE SUCH USE OF SUCH SYSTEM OR ANY PART THEREOF INCLUDING THE APP, THE SMART DENTAL MIRRORS, THE SMART MIRROR COMPUTER AND DOCKING PLATFORM IS UNDER YOUR STRICT ACCEPTANCE OF IT AS A BETA PRODUCT AND YOU ARE SOLELY LIABLE FOR ANY SUCH USE OR INABILITY TO USE.
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By clicking the “agree” or “accept” or “ok” button, or installing and/or using any part of the System or the Dental SMARTmirror Inc. software application through a Tablet device connected to Smart Mirror Computer and Docking Platform for use with the System (the “App”) you expressly acknowledge and agree that you are entering into a legal agreement with Dental SMARTmirror Inc. (hereafter “Dental SMARTmirror Inc.”, “we”, “us” or “our”), and have understood and agree to comply with, and be legally bound by, the terms and conditions of this Agreement . You hereby waive any applicable rights to require an original (non-electronic) signature or delivery or retention of non-electronic records, to the extent not prohibited under applicable law. If you do not agree to be bound by this Agreement please do not download, install or use the App or other elements of the System.
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1. Ability to Accept. By installing the App you affirm that you are over eighteen (18) years of age and if accepting this Agreement on behalf of a company or other legal entity, you are legally allowed to accept the terms of this Agreement on their behalf.
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2. License. Subject to the terms and conditions of this Agreement, we hereby grant you a personal, revocable, non-exclusive, non-sublicensable, non-assignable, non-transferable license (“License”) to download, install, access and use the App through the Tablet connected to the System as well as access and use any software contained in the System, solely as part of Our System and only in accordance with this Agreement and any applicable Usage Rules (defined below). Subject to a separate Purchase or Pilot Agreement and according to the terms therein, Smart Mirror Computer, a Docking Platform, one or more Smart Mirrors, and optionally a Tablet may be provided to you by Us solely for purpose of use with Our software as an inseparable part of our System.
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For the purpose of this Agreement, System shall mean and include collectively a 1) computer with software to control and use the different parts of the System (“Smart Mirror Computer”); 2) a docking platform which is attached to the Smart Mirror Computer through USB and has cradles to station Smart Mirrors (“Docking Platform”); 3) a tablet with the App to control and use the Smart Mirrors (“Tablet”) (either provided by Us or separately purchase by you); 4) one or more of Our smart dental mirrors (“Smart Mirrors”) and 5) the System’s servers on which some of software is located, all connected to each other and installed with Our proprietary software.
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3. License Restrictions. You agree not to, and shall not permit any third party to: (i) sublicense, redistribute, sell, lease, lend or rent the System or any part thereof (ii) disassemble, reverse engineer, decompile, decrypt, or attempt to derive the source code of the System or any part thereof including that available on the App, or the software used in correlation with the Smart Mirror Computer, the Docking Platform, the Smart Mirror, and/or the on the System servers; (iii) copy, modify, improve, or create derivative works of the System or any part thereof (iv) circumvent, disable or otherwise interfere with security-related features of the System or any part thereof or with features that prevent or restrict use or copying of any content or that enforce limitations on use of the System; (v) remove, alter or obscure any proprietary notice or identification, including copyright, trademark, patent or other notices, contained in or displayed on or via the System or any part thereof; (vii) use any communications systems provided by, connected to (either by Us or by you) or which are part of the System to send unauthorized and/or unsolicited communications, commercial or other; (vii) use the Dental SMARTmirror Inc. name, logo or trademarks without our prior written consent; and/or (viii) use the System or any part thereof to violate any applicable laws, rules or regulations, or for any unlawful, harmful, irresponsible, or inappropriate purpose, or in any manner that breaches this Agreement; (ix) use the System or any part thereof separately and not as part of the System as a whole or for any purpose other than to control and use Smart Mirrors for the professional dental use they were intended for as part of your dental practice.
4. Account. In order to use some of the current or future System’s features you may have to create or use an account (an “Account”). If you create an Account, you must provide accurate and complete information for yourself. You are solely responsible for the activity that occurs in your Account, and you must keep your Account password secure. You must notify us immediately of any unauthorized use of your Account.
5. Usage Rules. If you are downloading the App from a third party platform or service provider (“Distributor”), please be aware that the Distributor may have established usage rules which also govern your use of the App or the System (“Usage Rules”). We specifically refer to the Usage Rules of certain Distributors below in the section below entitled ‘Distributor Requirements and Usage Rules’, but other Usage Rules may be applicable depending on where the App or other software related to the System has been downloaded from. You acknowledge that, prior to downloading the App or any other software related to the System from a Distributor, you have had the opportunity to review and understand, and will comply with, its Usage Rules. The Usage Rules that are applicable to your use of the App are incorporated into this Agreement by this reference. You represent that you are not prohibited by any applicable Usage Rules and/or applicable law from using the App; if you are unable to make such a representation you are prohibited from installing and/or using the App.
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6. Intellectual Property Rights.
6.1. Ownership. All Intellectual Property in or related to the System and any part thereof, the App and any software in the System and any other related software needed for control or use with or for the System, are all licensed and not sold to you under this Agreement (and a separate Purchase Agreement or Pilot Agreement) and you acknowledge that Dental SMARTmirror Inc. and its licensors retain all title, ownership rights and Intellectual Property Rights (defined below) in and to the System, the App or any part thereof including any software used in correlation with the System or needed for control or use with or for the System. We reserve all rights not expressly granted herein to the System, any part thereof and/or any related software. “Intellectual Property Rights” means any and all rights in and to any and all trade secrets, patents, copyrights, service marks, trademarks, know-how, or similar intellectual property rights, as well as any and all moral rights, rights of privacy, publicity and similar rights of any type under the laws or regulations of any governmental, regulatory, or judicial authority, whether foreign or domestic.
6.2. Content. The System and its content, including without limitation, the text, information, documents, descriptions, products, graphics, photos, sounds, videos, interactive features, and services (other than User Submissions (as defined below) which shall remain yours at all times) (the “Materials”), and the trademarks, service marks and logos contained therein (“Marks”), and together with the Materials, is the property of Dental SMARTmirror Inc. and/or its licensors and may be protected by applicable copyright or other intellectual property laws and treaties. “Dental SMARTmirror Inc. ” and the Dental SMARTmirror Inc. logo are Marks of Dental SMARTmirror Inc. and its affiliates. All other marks used with, on or in relation to the System are the trademarks, service marks, or logos of their respective owners.
6.3. Use of Content. The content related to or on the System is provided to you “as is” for your personal internal business use with the System only and may not be used, copied, distributed, transmitted, broadcast, displayed, sold, licensed, de-compiled, or otherwise exploited for any other purposes whatsoever without our prior written consent. If you download or print a copy of the content you must retain all copyright and other proprietary notices contained therein.
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7. Payments.
7.1. The License granted hereunder is currently for free as an integral part of the separate purchase from Us of Our System either through our Purchase Agreement or Our Pilot Agreement, however, we may in the future charge a fee for certain features and/or uses of the System or any part thereof. You will not be charged for any such uses unless you first agree to such charges, but please be aware that any failure to pay applicable charges may result in you not having access to some of the functions or features.
7.2. Please be aware that your use of the System requires and utilizes internet connection and data access. To the extent that third party service provider or carrier charges for your internet or data usage are applicable, you agree to be solely responsible for those charges. Please be aware that if there are any problems with such service providers or internet connections, the System may not perform as needed and such matters shall be your sole and exclusive liability and responsibility.
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8. Information Description. We attempt to be as accurate as possible. However, we cannot and do not warrant that the content available in relation to the System, on the System or any part thereof is accurate, complete, reliable, current, or error-free. We reserve the right to make changes in or to the content, or any part thereof without the requirement of giving you any notice prior to or after making such changes to the content.
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9. Use of the App with the System. The App, the Smart Mirror Computer , the Docking Platform , The Smart Mirrors and the System servers and any related software must be used solely for use with Our System and specifically according to the use instructions of the System . You undertake that you have read and are familiar with all such use instructions, disclaimers, liabilities and limited warranties and will strictly abide by those when using the System or any part thereof . The separate Purchase Agreement or Pilot Agreement under which you licensed and/or purchased the System and/or any part thereof is an integral part of this Agreement and your commitments, obligations and undertakings therein, including as they relate to the System or any part thereof, are an integral part of this Agreement.
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10. User Submissions.
10.1. The System through its different parts may permit the taking, saving and uploading of photos and videos taken through the System or any part thereof, or through any other equipment used together with the System for uploading of any other information, contacts names, medical history, prognoses, etc (whether provided by Dental SMARTmirror Inc. or not) (“User Submissions”). If you choose to post, publish, submit, send or otherwise make the User Submissions publicly available, you do so under your sole and exclusive liability and you understand that whether or not such User Submissions are published, we do not guarantee any confidentiality with respect to any User Submissions. You shall be solely responsible for your User Submissions and the consequences of posting sending, submitting or publishing them. We reserve the right without further notice to you, to monitor, censor, edit, remove, delete, and/or remove any and all User Submissions at any time and for any reason. All such use of User Submissions is done at your sole and exclusive liability and most be done in full compliance with HIPAA.
10.2. Ownership. You represent and warrant that you own or have the necessary rights and permissions to use and authorize us to use all Intellectual Property Rights in and to your User Submissions, and to enable inclusion and use thereof as contemplated by this Agreement. You retain all of your ownership rights in your User Submissions.
10.3. Disclosure. We reserve the right to access, read, preserve, and disclose any User Submission or any other information that we obtain in connection with the System or any part thereof as we reasonably believe is necessary to: (i) satisfy any applicable law, regulation, legal process, subpoena or governmental request, (ii) enforce this Agreement, including investigation of potential violations of it, (iii) detect, prevent, or otherwise address fraud, security or technical issues, (iv) respond to your user support requests, or (v) protect the rights, property or safety of Dental SMARTmirror Inc., Our users or the public.
10.4. Prohibited Content. You agree that you will not upload, video or photograph, send, display, post, submit, publish or transmit User Submission or any other content through the System that: (i) is unfair or deceptive under the consumer protection laws of any jurisdiction; (ii) is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights; (iii) creates a risk to a person’s safety or health, creates a risk to public safety or health, compromises national security, or interferes with an investigation by law enforcement; (iv) impersonates another person; (v) promotes illegal activity, drugs, violates export control laws, relates to illegal gambling, or illegal arms trafficking; (vi) is illegal, unlawful (including if not in full compliance with HIPAA requirements), defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, gives rise to civil liability, violates any law, or is otherwise dishonest, inaccurate, inappropriate, malicious or fraudulent; (vii) involves theft or terrorism; (viii) constitutes an unauthorized commercial communication; (ix) contains the contact information or any personally identifiable information of any third party unless you have first obtained the express consent of said third party to include their contact information or personally identifiable information; and/or (x) breaches this Agreement or use the User Submissions for any purpose other than the intended professional dental use of the System.
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11. Storage of User Submissions. You understand and agree that Dental SMARTmirror Inc. does not provide a back-up data storage service and the System or any part thereof is not intended to protect your User Submissions, files or data, and therefore should not be relayed upon as a back-up service. You have sole responsibility for all files that you send through or use through the System or any part thereof. It is hereby agreed that Dental SMARTmirror Inc. will not be responsible for any failure of the System or any part thereof to store or send files, or for the deletion, corruption, or loss of any User Submissions, data or files stored or sent using the System or any part thereof.
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12. Third Party and Open Source Software. Portions of the System may include third party software, including third party open source software that are subject to third party terms and conditions (“Third Party Terms”). A list of any third party software and related Third Party Terms is available at www.smartmirror.dental/list or in the System or software itself. If there is a conflict between any Third Party Terms and the terms of this Agreement, then the Third Party Terms shall prevail but solely in connection with the related third party open source software. Dental SMARTmirror Inc. makes no warranty or indemnity hereunder with respect to any third party software.
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13. Privacy. We will use any personal information that we may collect or obtain in connection with the System or any part thereof solely for purpose of providing you with needed support for use of the System or any part thereof, for monitoring the operation and use of the System or any part thereof such as frequency of use, how the System or any part thereof is used, when parts are turned on and/or turned off etc, and for improving our products and systems and you agree that we may do so. Notwithstanding, you are aware that you are not legally obligated to provide us personal information, and you hereby confirm that providing us personal information is at your own free will. Please also be aware that certain personal information and other information provided by you in connection with your use of the System or any part thereof may be stored on your Smart Mirror Computer, in the System or on the cloud through which specific services are provided to you in correlation with the System (even if we do not collect that information). You are solely responsible for maintaining the security of your Smart Mirror Computer, Tablet and/or the System from unauthorized access.
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14. Warranty Disclaimers.
14.1. OTHER THAN AS SPECIFICALLY SET FORTH IN AN APPLICABLE PURCHASE AGREEMENT OR PILOT AGREEMENT, THE SYSTEM AND ANY PART THEREOF. INCLUDING ANY SOFTWARE IN THE SYSTEM IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND INCLUDING, WITHOUT LIMITATION, REPRESENTATIONS, WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND THOSE ARISING BY STATUTE OR FROM A COURSE OF DEALING OR USAGE OF TRADE.
14.2. WE DO NOT WARRANT OR REPRESENT THAT THE SYSTEM OR ANY PART THEREOF WILL OPERATE ERROR-FREE, IS HARMFUL-COMPONENTS FREE, OR FREE FROM INTERRUPTIONS OR THAT THE SYSTEM OR ANY PART THEREOF IS FREE OF VIRUSES OR OTHER HARMFUL CODE OR THAT WE WILL CORRECT ANY ERRORS IN THE SYSTEM OR ANY PART THEREOF. YOU AGREE THAT WE WILL NOT BE HELD RESPONSIBLE FOR ANY CONSEQUENCES TO YOU OR ANY THIRD PARTY THAT MAY RESULT FROM TECHNICAL PROBLEMS INCLUDING WITHOUT LIMITATION IN CONNECTION WITH THE INTERNET (SUCH AS SLOW CONNECTIONS, TRAFFIC CONGESTION OR OVERLOAD OF OUR OR OTHER SERVERS), THE SERVERS OR CLOUDS, THE APP, THE SMART MIRRORS COMPUTERS, THE DOCKING PLATFORM, THE TABLET, OUR SERVICE OR SUPPORT, THE SYSTEM ITSELF, THE SMART MIRRORS, USER SUBMISSIONS STORED ON OR USED THROUGH OR WITH THE SYSTEMS, AND/OR ANY DATA OR FILES CONTAINED IN IT OR ANY TELECOMMUNICATIONS OR INTERNET PROVIDERS. YOU AGREE THAT YOU ARE AWARE THAT THE SMART MIRROR COMPUTERS, TABLET (IF PROVIDED BY US) AND DOCKING PLATFORM ARE PROVIDED TO YOU FOR YOUR USE SOLELY WITH OUR SYSTEM AND SMART MIRRORS AND WE PROVIDE NO WARRANTY OR LIABILITY FOR THE SMART MIRROR COMPUTERS, TABLET OR DOCKING PLATFORM OTHER THAN SPECIFIC SUPPORT WHICH MAY BE PROVIDED ACCORDING TO THE SEPARATE PURCHASE AGREEMENT OR PILOT AGREEMENT.
14.3. Applicable law may not allow the exclusion of certain warranties, so to that extent such exclusions may not apply.
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15. Limitation of Liability.
15.1. UNDER NO CIRCUMSTANCES SHALL WE BE LIABLE FOR ANY SPECIAL, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, OR FOR ANY LOSS OF DATA, REVENUE, BUSINESS OR REPUTATION, THAT ARISES UNDER OR IN CONNECTION WITH THIS AGREEMENT, OR THAT RESULTS FROM THE USE OF, OR THE INABILITY TO USE THE SYSTEM OR ANY PART THEREOF EVEN IF WE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
15.2. IN ANY EVENT, OUR TOTAL AGGREGATE LIABILITY FOR ALL DAMAGES AND LOSSES THAT ARISE UNDER OR IN CONNECTION WITH THIS AGREEMENT, OR THAT RESULT FROM YOUR USE OF OR INABILITY TO USE THE SYSTEM OR ANY PART THEREOF, SHALL NOT IN ANY CIRCUMSTANCE EXCEED THE TOTAL AMOUNTS, IF ANY, ACTUALLY PAID BY YOU TO US FOR USING THE SYSTEM OR ANY PART THEREOF WITHIN THE THREE (3) MONTHS PRECEDING THE DATE OF SUCH A CLAIM.
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16. Indemnity. You agree to defend, indemnify and hold harmless Us and our affiliates, and our respective officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs and expenses (including but not limited to attorney’s fees) arising from: (i) your use of, or inability to use the System or any part thereof and/or the User Submissions; (ii) your violation of this Agreement; and (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right. Without derogating from or excusing your obligations under this section, we reserve the right (at your own expense), but are not under any obligation, to assume the exclusive defense and control of any matter which is subject to an indemnification by you if you choose not to defend or settle it. You agree not to settle any matter subject to an indemnification by you without first obtaining our express approval.
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17. Export Laws. You agree to comply fully with all applicable export laws and regulations to ensure that neither the System and any part thereof, nor any User Submissions, technical data related thereto are exported or re-exported directly or indirectly in violation of, or used for any purposes prohibited by, such laws and regulations.
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18. Updates and Upgrades. We may from time to time provide updates or upgrades to the System or any part thereof or the software used in correlation with the System or any part thereof, (each a “Revision”), but are not under any obligation to do so. Such Revisions will be supplied according to Our then-current policies, which may include automatic updating or upgrading without any additional notice to you. You consent to any such automatic updating or upgrading of System or any part thereof. All references herein to the System or any part thereof shall include Revisions. This Agreement shall govern any Revisions that replace or supplement the original System or any part thereof, or the software used in correlation with the System or any part thereof, unless the Revision is accompanied by a separate license agreement which will govern the Revision.
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19. Term and Termination.
19.1. This Agreement is effective until terminated by Us or you, unless the Purchase Agreement or Pilot Agreement has a specific term and/or expiration date, in which case, the Agreement shall automatically terminate then. We reserve the right, at any time, to: (i) discontinue or modify any aspect of the System or any part thereof; and/or (ii) terminate this Agreement and your use of System or any part thereof, and/or the equipment provided by Dental SMARTmirror Inc., with or without cause, and shall not be liable to you or any third party for any of the foregoing. If you object to any term or condition of this Agreement or any subsequent modifications thereto, or become dissatisfied with the System or any part thereof and/or the equipment provided by Dental SMARTmirror Inc. in any way, your only recourse is to immediately discontinue use of the System or any part thereof.
19.2. Termination of this Agreement or any termination of the Purchase Agreement, Pilot Agreement or any other agreement under which the System or any part thereof has been provided to you by Dental SMARTmirror Inc, shall cause immediate termination of this Agreement and shall not entitle you from such date of termination onwards to make any use of the System or any part thereof.
19.3. This Section 19 and Sections that are intended to survive termination by their essence, including section 6 (Intellectual Property Rights), 11 (Storage of User Submissions), 13 (Privacy), 14 (Warranty Disclaimers), 15 (Limitation of Liability), 16 (Indemnity), and 20 (Assignment) to 23 (General) shall survive termination of this Agreement.
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20. Assignment. This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by you but may be assigned by Us without restriction or notification.
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21. Modification. We reserve the right to modify this Agreement at any time by sending you an in-System notification and/or publishing the revised Agreement on the System or any part thereof. Such change will be effective ten (10) days following the foregoing notification thereof, and your continued use of the System or any part thereof, thereafter means that you accept those changes.
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22. Governing Law and Disputes. This Agreement shall be governed by and construed in accordance with the laws of the State of Delaware without regard to its conflict of laws rules. You agree to submit to the personal and exclusive jurisdiction of the courts located in Delaware, and waive any jurisdictional, venue, or inconvenient forum objections to such courts. Notwithstanding the foregoing, we may seek injunctive relief in any court of competent jurisdiction.
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23. General. This Agreement, any Purchase Agreement or Pilot Agreement we may have with you, Our Privacy Policy and any other legal notices published by us in connection with System or any part thereof, shall constitute the entire agreement between you and Us concerning System or any part thereof. In the event of a conflict between this Agreement and any such legal notices, the terms of the applicable notice shall prevail with respect to the subject matter of such notice. No amendment to this Agreement will be binding unless in writing and signed by Us. If any provision of this Agreement is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect. All section and sub-section headings used in this Agreement are for convenience only, and shall not be relied upon or used in interpreting this Agreement. No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term, and a party’s failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision. YOU AGREE THAT ANY CAUSE OF ACTION THAT YOU MAY HAVE ARISING OUT OF OR RELATED TO THE SYSTEM MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
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24. Distributor Requirements and Usage Rules.
24.1. Apple. If you download the App from the Apple, Inc. (“Apple”) App Store (or in any event if you download an Apple iOS App) then, without derogating from the warranty disclaimers and limitation of liability as set forth in the Agreement:
(i) You acknowledge and agree that:
(a) this Agreement is concluded between Dental SMARTmirror Inc. and you only, and not with Apple, and Dental SMARTmirror Inc. and its licensors, and not Apple, are solely responsible for the App and the content thereof. your use of the App is also subject to the Usage Rules established by Apple, including those set forth in the Apple App Store Terms of Service, effective as of the date that you enter into this Agreement. The License granted herein is limited to a non-transferable right to use the App on an Apple iPhone, iPod Touch, Tablet, or other Apple-branded product that you own or control and that runs the iOS or that has been provided to you by Dental SMARTmirror Inc. solely for use with the App; Dental SMARTmirror Inc. is solely responsible for providing any maintenance and support services with respect to the App, as specified in this Agreement, or as required under applicable law. Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App; Dental SMARTmirror Inc. is solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed. In the event of any failure of the App to conform to any applicable warranty, you may notify Apple, and Apple will, to the extent applicable, refund any purchase price paid (if any) by you for the App to you. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App, and, any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be Dental SMARTmirror Inc.’s sole responsibility; Dental SMARTmirror Inc., and not Apple, is responsible for addressing any product claims you, or any third party, may have relating to the App or your possession and/or use of the App, including, but not limited to: (a) product liability claims; (b) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (c) claims arising under consumer protection or similar legislation, including in connection with the App’s use of HealthKit and HomeKit frameworks;
(b) in the event of any third party claim that the App or your possession and use of the App infringes that third party’s intellectual property rights, Apple shall not be responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim;
(c) Apple, and its subsidiaries, are third party beneficiaries of this Agreement, and that, upon your acceptance of the terms and conditions of this Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as a third party beneficiary thereof.
(ii) You represent and warrant that: (a) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (b) you are not listed on any U.S. Government list of prohibited or restricted parties.
(iii) If you have any questions, complaints, or claims regarding the App, please contact Dental SMARTmirror Inc. at:
Email: info@smartmirror.dental.
Telephone: +1-312-561-5202.
Address: 1101 W Monroe St. Chicago IL
(iv) By entering into this Agreement you, to the extent legally permitted, hereby waive any applicable law requiring that this Agreement be localized to meet your language and other local requirements. To the extent that the foregoing is not permitted, you agree to be bound by the standard Apple Licensed Application End User License Agreement which is part of the Apple App Store Terms of Service, at www.apple.com/legal/itunes/us/terms.html#SERVICE (as amended from time to time).
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Last updated: Oct 17 , 2018