EULA
END USER LICENSE AGREEMENT
FOR THE IUdoTM APPLICATION
Last updated on 18 June 2024
By downloading, installing, copying, and/or saving to your computer, smartphone, tablet, or other device (the “Devices”) or by using any other means of the mobile application called IUdo, which includes all content, features, functionality, programs, applications, or services provided on or through this mobile application (the “Application”), you are becoming a Party to this end-user license agreement (the “Agreement”).
This Agreement between you, whether an individual person or a legal person (hereinafter the “User”) and Pfizer S.A. de C.V. (hereinafter “Pfizer”) for the Application which has a license made available to you free of charge, not sold to you. This Application and any information relating to Pfizer products are designed and intended for use by Users in Mexico. If you do not accept the terms and conditions of this Agreement, you must not download, install, or use the Application.
1. GPA from Pfizer account. Access to the Application is managed through Pfizer Account Global Patient Authentication (hereinafter the “Pfizer Account GPA”). The Pfizer Account GPA allows the User to create an account that can be used to log in to select Pfizer applications/websites and services connected to their Pfizer account, including this Application. You should be aware that some Pfizer applications/websites require additional information or even approval before you are allowed to log in, and the review and approval process for such applications/websites will be managed through such applications/websites.
2. NOT A SUBSTITUTE FOR PROFESSIONAL MEDICAL TREATMENT OR COUNSELING. The App should not be used as a substitute for medical opinion, advice, diagnosis or treatment of any medical condition or problem. Users of the App should not rely on any information provided by the App for treatment, diagnosis or advice related to their own or others' health problems. Questions should be directed to a physician licensed to practice in Mexico, before making any decision or taking any action or omission with respect to any health care problem the User may have at any time, now or in the future. Use of the Application does not create an express or implied physician-patient relationship. You agree that neither Pfizer nor any other Party, which may be the subject of this Agreement, are or will be liable for any decision made or any action taken or not taken due to your use of the information presented through the Application. The Application is not designed to diagnose, treat, cure or prevent any medical condition or disease. Nor does it seek to interfere with: (a) the freedom of choice exercised by physicians in the prescription of medicines or in the making of treatment decisions or in, (b) the autonomy of Users. The Application is not intended to promote Pfizer products.
3. SCOPE OF THE LICENSE. You are hereby granted a non-assignable, non-transferable, non-exclusive, free, revocable license to use the Application on a single Device owned or controlled by You, only to the extent permitted by this Agreement, and in accordance with the terms of this Agreement. You acknowledge that by allowing you to use the Application, Pfizer's Intellectual Property Rights including patents, utility models, rights to inventions, copyrights and related rights, trademarks and service marks, trade names and domain names, trade appearance and image rights, design rights, database rights, rights to use, confidential information (including know-how and trade secrets), and all other intellectual property rights, in each case, whether registered or unregistered, including all applications and rights to apply and receive, renewals or extensions, and rights to claim priority, such rights and all similar or equivalent rights or forms of protection that prevail or will prevail now or in the future anywhere in the world) in the Application are licensed (not sold) solely to the User under the Agreement, and that the User has no other right, title, or interest in or to the intellectual property rights in the Application. You may not rent, lease, loan, sell, redistribute, or sublicense the Application. You may not copy (except as expressly permitted by this license), decompile, reverse engineer, disassemble, attempt to derive the source code of, modify or create derivative works of the Application, updates or any portion thereof (except and only to the extent that applicable law or to the extent permitted by the license terms governing the use of any open source component included with the Application). Any attempt to do so constitutes a violation of the rights of Pfizer and its licensors. If the User violates this restriction, he or she may be subject to legal action and Pfizer, or third parties, may be entitled to claim damages. The terms of this Agreement shall govern any update provided by Pfizer that supersedes or supplements the original Application, unless such update is accompanied by a separate license, in which case the terms of such license shall govern.
4. PROPERTY. Pfizer is the owner or licensee of all Intellectual Property Rights in and to the Application in whole and in part, including all copies thereof, and all modifications and enhancements, derivatives thereof, and other alterations to the Application, regardless of who made the modifications, if any, are and shall remain the sole and exclusive property of Pfizer and/or its suppliers and licensors (as applicable and if applicable). In addition, the structure, organization and code incorporated into the Application are valuable and confidential business secrets of Pfizer and its suppliers and licensors, and are protected by applicable laws in Mexico. The User agrees to respect the protections granted under applicable laws in relation to the Application, including, without limitation, laws in relation to Intellectual Property Rights. You acknowledge the exclusive rights held and enjoyed by Pfizer (and/or, where applicable, its suppliers and licensors) with respect to the Application, and you agree that you will not demand, the validity or exclusivity of the ownership of the aforementioned license or the Application or the validity of the license granted under this Agreement.
5. UPLOAD OF INFORMATION. The Application may provide functionality through which the User may upload information (such as data, text and images) in connection with his or her use of the Application (hereinafter collectively, the “UPLOADS”). If you use such functionality, you expressly grant Pfizer an irrevocable, perpetual, non-exclusive, worldwide, free license (sublicenseable to companies of the same Pfizer corporate group) to use, distribute, reproduce and store your Uploads, in whole or in part, in any format or media known or subsequently developed, to the extent strictly necessary to enable the benefit of the support program to which you request to participate.
You agree that you are solely responsible for all of your Uploads. While you may do so to enable you to benefit from and participate in the program, Pfizer is not obligated to host, display or distribute any Upload and may remove it at any time or reject any Upload for any reason. Pfizer is not responsible for any loss, theft or damage of any kind to any Uploads. You represent and warrant that: (a) you own all rights to your Uploads or, alternatively, you have acquired all necessary rights in your Uploads to enable you to grant Pfizer all rights described in this Agreement, and (b) your Uploads do not infringe the Intellectual Property Rights, or any other rights of any third party.
You are prohibited from posting Uploads or using the Application to transmit any content that may be deemed, at Pfizer's sole discretion, to be illegal, threatening, defamatory, obscene, provocative, pornographic, or profane, or any material that could constitute or encourage conduct that is considered a crime, give rise to civil liability, or violate the law or right of privacy, personal right, or intellectual property of others. Pfizer will cooperate with law enforcement authorities and will comply with any court order that requests or legally directs Pfizer to disclose the identity of any person who publishes information or materials relating to the Application.
6. TERMINATION OF THE AGREEMENT. This Agreement enters into force at the time the User accepts it and ends at the time the User or Pfizer terminates it. Your rights under this Agreement will automatically terminate without prior notice from Pfizer at any time, or terminate if you fail to comply with any of the terms of this Agreement (although your obligations will remain in effect until you remove the Application from your Device). Upon termination of this Agreement, you will cease all use of the Application and destroy all copies, in whole or in part, of the Application.
7. SUPPORT. Pfizer is not obligated to provide you with any updates, new versions, enhancements, bug fixes or any other modifications to the Application under this Agreement, but if Pfizer does so, in its sole and absolute discretion, any modifications will be deemed to be part of the Application which will be subject to the terms of this Agreement (unless such modifications are subject to updated or separate terms). If Pfizer provides such modifications, you acknowledge that such updates may be downloaded and installed automatically from time to time, and you agree to receive such modifications (and allow Pfizer to make these modifications) as part of your use of the Application.
8. GUARANTEE. You acknowledge and expressly agree that use of the Application is at your own risk and that all risk relating to quality, performance, accuracy and satisfactory effort is the responsibility of the User to the fullest extent permitted by applicable law, the Application is provided “as is” and “as available”, with all faults and without warranties of any kind. You hereby disclaim all warranties and conditions with respect to the Application, whether express, implied or lawful, including, without limitation, the implied warranties and/or conditions of merchantability, satisfactory quality, fitness for a particular purpose, accuracy, quiet enjoyment, and non-infringement of third party rights. Pfizer does not warrant interference with the enjoyment of the Application, nor does it warrant that the features included in the Application will meet your requirements, that the operation of the Application will not be interrupted, secure, or error-free, or that defects in the Application or services will be corrected. No verbal or written information or advice provided by Pfizer or its authorized representatives will create a guarantee.
9. LIMIT OF LIABILITY. In no event will Pfizer be liable for personal injury, or damages arising out of the use of the Application or the inability to use the Application by the User. In no event shall Pfizer's total liability to the User for all damages (other than as required by applicable law in cases involving personal injury) exceed the amount of USD $100.00.00 (Hundred thousand dollars 00/100 M.N.).
10. COMPENSATION. You agree to defend, indemnify and hold harmless Pfizer, its subsidiaries, its directors, employees and agents from and against any and all losses, damages, liabilities and legal fees (including, without limitation, reasonable fees and attorneys' expenses incurred by Pfizer in any action or proceeding between You and Pfizer or between Pfizer and any third party related to this Agreement) arising out of your use of the Application.
11. EXPORT. The User may not use or export or re-export the Application, except as authorized by the laws of Mexico applicable to the Application. In particular, the Application may not be exported or re-exported to any entity with which Mexico or the United States of America has an embargo, or to any person or entity specifically designated on a list maintained by Mexico or the United States of America. By using the Application, you represent and warrant that you are not located in any such country or on any such list, you also agree that you will not use the Application for any purpose prohibited by the laws of the State, including, but not limited to, the development, design, manufacture or production of nuclear missiles or chemical or biological weapons.
12. APP STORE/GOOGLE PLAY. Platform Providers, such as Apple Inc. and Google Inc., that make the Application available for download (hereinafter and collectively the “Platform Providers”) are not party to this Agreement. Platform Providers have no obligation to provide maintenance and support services with respect to the Application. In the event the Application fails to comply with this Agreement, you may notify the applicable Platform Provider, and such Platform Provider may refund any purchases made through the Application (if applicable). To the fullest extent permitted by applicable law in Mexico, Platform Providers shall have no other obligations with respect to the Application. You acknowledge that Platform Providers are not responsible for dealing with any claims related to the Application or your possession and/or use of the Application, including, but not limited to: (i) product liability claims; (ii) any claim that the Application does not comply with any applicable regulatory or legal requirement; and (iii) claims arising under consumer protection or similar law, except as required by law. Pfizer will be solely responsible for the investigation, defense, resolution and elimination of any claims of intellectual property infringement. Platform Providers are third party beneficiaries of this Agreement, and Platform Providers will have the right (and will be deemed to have accepted the right) to enforce this Agreement against the User as third party beneficiaries of this Agreement. If you have downloaded the App through the iTunes Store, your use of the App must comply with the Apple App Store Terms and Conditions located at http://www.apple.com/legal/internet-services/itunes/us/terms.html.
You agree that Pfizer shall have no liability for any information, software or materials found on any linked site.
13. MISCELLANEOUS. The failure of Pfizer to enforce any provision of this Agreement shall not be construed as a waiver or limitation of Pfizer's right to enforce and enforce each provision of this Agreement at a later time. If any term or provision of this Agreement is invalid or unenforceable to any extent, the remainder of this Agreement shall be valid and enforceable to the fullest extent permitted by law. This Agreement establishes the entire agreement of the Parties with respect to the subject matter of this Agreement, and supersedes and nullifies all prior agreements on the same subject matter. No waiver, modification or amendment to this Agreement is binding on Pfizer, unless made in writing and signed by an authorized representative of Pfizer. Pfizer may change this Agreement from time to time at its sole discretion. You will be deemed to accept these changes if you continue to use the Application after such changes. All rights and benefits granted hereunder to Pfizer shall be extended and may be exercised by Pfizer, as well as by any and all Pfizer subsidiaries and subsidiaries.
14. JURISDICTION AND APPLICABLE LAW. Subject to applicable consumer protection laws, this Agreement is governed by and construed in accordance with the laws of Mexico, without giving effect to the principles of conflict of laws. The User and Pfizer also agree that, subject to applicable consumer protection laws, the only jurisdiction and jurisdiction for any dispute arising out of or related to this Agreement is a court located in Mexico City, Mexico.
By selecting the “Accept” button when installing the Application, the User agrees that: (i) he has read, understood and accepted the terms and conditions of this Agreement, and that (ii) the User is of legal age in Mexico or has binding legal consent from his parents or guardian to accept this Agreement.
If you do not accept the terms and conditions of this Agreement, you must uninstall the Application and not download, install or use the Application.