Terms of use
END-USER LICENSE AGREEMENT
END-USER LICENSE AGREEMENT FOR IUdoTM APP - READ CAREFULLY
By downloading, installing, copying, saving on your computer, smart phone, tablet, or other device (collectively "Device(s)") or otherwise using this App (defined below), you are becoming a party to this End-User License Agreement ("EULA").
This EULA is a legal agreement between you (either an individual or a single entity) and Pfizer Gulf FZ LLC Pfizer") for the IUdoTM mobile application, which includes all content, features, functionality, programs, applications or services provided in or through this mobile application(collectively, the "App"). The App made available to you is licensed, not sold, to you. This App and any information pertaining to Pfizer products are designed and intended for use by residents of Lebanon.If you do not agree to the terms and conditions of this EULA, you should not download, install and/or use the App.
Pfizer Account GPA Access to this App is managed through Pfizer Account Global Patient Authentication (“Pfizer Account GPA”). Pfizer Account GPA enables you to create one account that can be used to log in to select Pfizer apps/websites and services connected to your Pfizer account, including this App. Please note that some Pfizer apps/websites require additional information or even approval before you are allowed to log in, and the process for review and approval for such apps/websites will be managed through these apps/websites.
Privacy Notice. Pfizer is committed to respecting, appropriately handling, and protecting the privacy of personal data (including, where applicable, individual health information). Please click here to view our Privacy Notice which is incorporated herein by reference. By using the App you agree to your personal data being processed in accordance with the Privacy Notice.
Not a Substitute for Professional Medical Advice and Treatment. The App is not to be used as a substitute for medical judgment, advice, diagnosis or treatment of any health 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 addressed to a licensed physician prior to making any decisions or undertaking any action or inaction regarding any health care issue you might have at any time, now or in the future. Use of the App does not create an express or implied physician-patient relationship. You agree that neither Pfizer nor any other party is or will be liable or otherwise responsible for any decision made or any action taken or not taken due to your use of information presented through the App. The App is not intended to diagnose, treat, cure or prevent any medical condition or disease. Nor is it intended to interfere with: (a) the freedom of choice exercised by physicians in prescribing medication and making treatment decisions; nor(b) the autonomy of patients. The App is not intended to promote Pfizer products.
Scope of License. We hereby grant you a non-assignable, non-transferable, non-exclusive and revocable license to use the App on a single Device that you own or control, solely to the extent permitted by and in accordance with this EULA. You acknowledge that in being permitted to use the App, the “Intellectual Property Rights” (meaning means patents, utility models, rights to inventions, copyright and neighbouring and related rights, trade marks and service marks, business names and domain names, rights in get-up and trade dress, goodwill and the right to sue for passing off or unfair competition, rights in designs, database rights, rights to use, and protect the confidentiality of, confidential information (including know-how and trade secrets), and all other intellectual property rights, in each case whether registered or unregistered and including all applications and rights to apply for and be granted, renewals or extensions of, and rights to claim priority from, such rights and all similar or equivalent rights or forms of protection which subsist or will subsist now or in the future in any part of the world) in and to the App are licensed (not sold) to you solely pursuant to thisEULA, and that you have no other right, title, or interest in, or to, the Intellectual Property Rights in the App.You may not rent, lease, lend, sell, redistribute or sublicense the App. 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 App, any updates, or any part thereof (except as and only to the extent any foregoing restriction is prohibited by applicable law or to the extent as may be permitted by the licensing terms governing use of any open sourced components included with the App). Any attempt to do so is a violation of the rights of Pfizer and its licensors. If you breach this restriction, you may be subject to prosecution and we, or third parties, may be entitled to The terms of this EULA will govern any upgrades provided by Pfizer that replace and/or supplement the original App, unless such upgrade is accompanied by a separate license in which case the terms of that license will govern.
Ownership. Pfizer Inc. is the owner or licensee of all Intellectual Property Rights in and to the App. All Intellectual Property Rights in and to the App, in whole and in part and all copies thereof, and all modifications and enhancements, derivatives and other alterations of the App regardless of who made any modifications, if any, are, and will remain, the sole and exclusive property of Pfizer and / or its suppliers and licensors (as applicable). Further, the structure, organization and code embodied in the App are the valuable and confidential trade secrets of Pfizer Inc. and its suppliers and licensors and are protected by applicable laws. You agree to respect the protections granted under applicable laws in relation to the App including, but not limited to, laws in relation to Intellectual Property Rights and export control laws. You acknowledge the exclusive rights held and enjoyed by Pfizer Inc. (and/or, where applicable its suppliers and licensors) in and to the App, and agree that you shall not challenge, or assist in any challenge to, the validity or exclusivity of the ownership thereof, or the validity of the license granted under this EULA.
- Uploads. The App may provide functionality through which you are able to upload information (such as data, text and images) in connection with your use of the App (collectively, “Uploads”). If you use such functionality, you grant to Pfizer an irrevocable, perpetual, non-exclusive, fully-paid, world-wide, license (sub licensable through multiple tiers) to use, distribute, reproduce, and store your Uploads (in whole or in part) in any format or medium now known or later developed strictly insofar as necessary to enable to benefit from the patient support program (“Program”) you are applying to participate in (“License”).
You agree that you are solely responsible for all of your Uploads. Whilst it may do so in order for you to benefit from and participate in the Program, Pfizer is not required to host, display, or distribute any Uploads and may remove them at any time or refuse any Uploads for any reason. Pfizer is not responsible for any loss or theft of, or damage of any kind to, any Uploads. You represent and warrant that: (a) you own all rights in your Uploads or, alternatively, you have acquired all necessary rights in your Uploads to enable you to grant to Pfizer all of the rights described herein; and (b) your Uploads do not infringe the intellectual property rights, privacy, or any other legal or moral rights of any third party.
You are prohibited from posting Uploads or otherwise using the App to transmit any content that may be considered, at Pfizer’s sole discretion, unlawful, threatening, libelous, defamatory, obscene, inflammatory, pornographic or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability or otherwise violate the law or a privacy right, personality right, or Intellectual Property Right of another. Pfizer will cooperate with any law enforcement authorities and will comply with any court order lawfully requesting or directing Pfizer to disclose the identity of anyone posting information or materials in connection with the App.
Termination. This EULA is effective until terminated by you or Pfizer. Your rights under this EULA will terminate automatically without notice from Pfizer if you fail to comply with any term(s) of this EULA (although your obligations shall remain in force until you delete the App from your Device). Upon termination of this EULA, you shall cease all use of the App, and destroy all copies, full or partial, of the App.
No Support. Pfizer has no obligation to provide you with any updates, new versions, enhancements, error corrections, or any other modification of the App under this EULA, but if Pfizer does so, in its sole and absolute discretion, any such modification shall be considered part of the "App" and subject to the terms of this EULA (unless such modifications are subject to updated or separate terms). If Pfizer does provide any such modifications, you acknowledge that those applications may automatically download and install from time to time, and you agree to receive such modifications (and permit Pfizer to deliver these modifications) as part of your use of the App.
NO WARRANTY. You expressly acknowledge and agree that use of the App is at your sole risk and that the entire risk as to satisfactory quality, performance, accuracy and effort is with you. to the maximum extent permitted by applicable law, the App is provided "as is" and "as available," with all faults and without warranty of any kind. Pfizer hereby disclaims all warranties and conditions with respect to the App, either expressed, implied or statutory, including, but not limited to, the implied warranties and/or conditions of merchantability, of satisfactory quality, of fitness for a particular purpose, of accuracy, of quiet enjoyment, and non-infringement of third-party Pfizer does not warrant against interference with your enjoyment of the App, that the functions contained in the App will meet your requirements, that the operation of the App will be uninterrupted, secure or error-free, or that defects in the App or services will be corrected. No oral or written information or advice given by Pfizer or its authorized representatives shall create a warranty. Some jurisdictions do not allow the exclusion of implied warranties or limitations on applicable statutory rights of a consumer, so the above exclusion and limitations may not apply to you.
Limitation of Liability.To the fullest extent permissible under applicable law, in no event shall Pfizer be liable for personal injury, or any incidental, punitive, special, indirect or consequential damages whatsoever, including, without limitation, damages for loss of profits, loss of data, business interruption or any other commercial damages or losses, arising out of or related to your use or inability to use the App, however caused, regardless of the theory of liability (contract, tort, negligence or otherwise) and even if Pfizer has been advised of the possibility of such damages. Some jurisdictions do not allow the limitation of liability for personal injury, or of incidental or consequential damages, so this limitation may not apply to you. In no event shall Pfizer's total liability to you for all damages (other than as may be required by applicable law in cases involving personal injury) exceed the amount of one hundred dollars ($100.00). The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.
Indemnity. Except where prohibited by applicable law, you agree to defend, indemnify and hold harmless Pfizer, its directors, employees and agents from any and all loss, damage, liability, and legal fees (including, but not limited to, reasonable fees and disbursements of counsel incurred by Pfizer in any action or proceeding between you and Pfizer or between Pfizer and any third party related to this EULA) resulting from your use of the App.
Export. You may not use or otherwise export or re-export the App, except as authorized by applicable laws (including United States and European Union), sanctions and export control laws, and the laws of the jurisdiction in which the App was obtained. In particular, but without limitation, the App may not be exported or re-exported to any market, parties, or persons subject to sanctions, including Cuba, the Crimean Peninsula, the Donbass Region, Iran, North Korea, or Syria. By downloading and using the App, you represent and warrant that you are not located in any such market and are not sanctioned by the United States, European Union, or other applicable jurisdiction. You also agree that you will not use the App for any purposes prohibited by the United States, European Union, or other applicable law.
- App Store / Google Play. Platform providers, such as Apple Inc. and Google Inc., that make the App available for download ("Platform Providers") are not parties to this EULA. Platform Providers have no obligation whatsoever to furnish any maintenance and support services with respect to the App. In the event of any failure of the App to conform to the warranties herein, you may notify the applicable Platform Provider, and such Platform Provider may refund any purchases made through the App (if applicable). To the maximum extent permitted by applicable law, Platform Providers will have no other warranty obligation whatsoever with respect to the App. You acknowledge that Platform Providers are not responsible for addressing any claims relating to the App or your possession and/or use of the App, including but not limited to: (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation, except where required by law. Pfizer, not the Platform Providers, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim. Platform Providers are third party beneficiaries of this EULA, and Platform Providers will have the right (and will be deemed to have accepted the right) to enforce this EULA against you as a third-party beneficiary thereof. You represent that 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 you are not listed on any U.S. Government list of prohibited or restricted parties. If you have downloaded the App via the iTunes Store, your use of the App must comply with Apple’s App Store Terms and Conditions, located at http://www.apple.com/legal/internet-services/itunes/us/terms.html.
You agree that Pfizer will have no responsibility or liability for any information, software, or materials found at any Linked Site.
General. The failure of Pfizer to enforce any provision of this EULA shall not be construed as a waiver or limitation of Pfizer's right to subsequently enforce and compel strict compliance with every provision of this EULA. If any term or provision of this EULA is invalid or unenforceable to any extent, the remainder of this EULA shall be valid and enforced to the fullest extent permitted by law. Subject to applicable consumer protection laws, this EULA is governed by and construed in accordance with the laws of Lebanon, without giving effect to the principles of conflicts of laws. You and Pfizer further agree that, subject to applicable consumer protection laws, the sole jurisdiction and venue for any litigation arising from or relating to this EULA is an appropriate federal, superior or provincial court located in Lebanon. This EULA sets forth the entire agreement of the parties with respect to the subject hereofand supersedes and overrides all prior agreements on the same subject matter. This EULA will not be governed by the conflict of law rules of any jurisdiction or the United Nations Convention on Contracts for the International Sales of Goods, the application of which is expressly excluded. This EULA and any of the rights or obligations hereunder are not assignable without Pfizer's prior written permission. No waiver, modification, or amendment to this EULA is binding upon Pfizer unless it is in writing signed by an authorized representative of Pfizer. Pfizer may change this EULA from time to time, at its sole discretion. Your continued use of the App following these changes will be deemed your acceptance of these changes. All rights and benefits granted hereunder to Pfizer shall extend to and may be exercised by Pfizer as well as any and all of Pfizer’s affiliates and subsidiaries. Sections 5, 6, 7, 9, 10, 11, 14and 15shall survive termination of this EULA. The Parties hereto have expressly required that this EULA and all documents and notices relating thereto be drafted in the English and Arabic language
- Waiver of Jury Trial. each party, to the extent permitted by law, knowingly, voluntarily and intentionally, and free from duress or coercion, waives its right to a trial by jury in any action or legal proceeding arising out of or relating to this EULA and the transactions it contemplates. each party acknowledges that it has received the advice of competent counsel.
By selecting the “Agree” button while you are installing the App you already represented to Pfizer that: (i) you have read, understood and agreed to the terms and condition of this EULA and Privacy Notice; and (ii) you are the age of majority in your jurisdiction of residence or possess legally binding parental or guardian consent to agree to this EULA and our Privacy Notice.
If you do not agree to the terms and conditions of this EULA and our Privacy Notice, you should uninstall the App and not download, install and/or use the App.