Terms of Use
Terms Of Service
1. Software
PrecisePK is A Leading Therapeutic Drug Monitoring Software for Model-Based Bayesian Precision Dosing.
The software is intended as an aid for suitably-qualified medical staff in making dosing recommendations and it does not provide medical advice or recommendations the corporation or medical professional is solely responsible for any treatment decisions.
By accessing, browsing or using this website and PrecisePK software, you agree to these terms, conditions and disclaimers as amended from time to time and acknowledge and agree that you have read and understood these Terms of Service and associated documentation such as our Privacy Policy.
If using the PrecisePk software on behalf of a corporation you warrant that you are authorised to agree to these terms on behalf of that corporation.
We will remove any Authorised Signatory upon receipt of written instructions from the corporation or from the Authorised Signatories themselves. We shall not be responsible for any loss suffered by you if Healthware Inc. acts on the instructions of an Authorised Signatory if you have failed to inform Healthware Inc. that such party no longer acts for you.
By accessing PrecisePk software you warrant that you are a appropriately trained healthcare professional, and that both your and any use of the Software for its intended purposes is legal in your local jurisdiction.
2. Intellectual Property
Subject to the terms of this Agreement, Healthware, Inc. grants the licensee a non-exclusive, non-transferable, worldwide patent license under Licensed Patent Claims for the limited purposes of evaluation only, and any other purposes previously granted by written contract with Healthware Inc.
All intellectual property rights, including any future development and/or modifications of PrecisePK software, including those derived from data or user feedback are the sole ownership of Healthware Inc.
You must not disclose, distribute, reverse-engineer or sub-license full or any part of PrecisePK software. The use of the software for purposes beyond those authorized under the Software License Agreement are also forbidden.
3. Confidentiality
You will safeguard and protect the Confidential Information from theft, piracy or unauthorized access using reasonable standard of care or using the same measures it uses to protect its own confidential and proprietary information, whichever standard is higher.
Your Login Account and Password must be kept confidential at all times. Passwords should never be shared or exposed to others. You will not let anyone else access your account, or do anything else that might jeopardize the security of your account. You are responsible for the confidentiality and use of all IDs, passwords and other security data, methods and devices furnished in connection with our website and the PrecisePK software. You will be solely responsible for the use of any data and information obtained, and all transaction requests electronically transmitted, by any person using your IDs and other security data. You acknowledge and agree that Healthware Inc. may use de-identified data gathered via the PrecisePK Software and your user feedback, to make changes to future versions of our software.
4. Release and Indemnity
To the maximum extent permissible at law, you release and shall indemnify and hold Healthware Inc., its suppliers, affiliates, directors, officers, shareholders and employees harmless against all claims, costs, damages, and expenses, and reasonable attorney fees arising out of, directly or indirectly, the distribution of the software and any claim of product liability, personal injury or death associated with any intended or unintended use, even if such claim alleges that an Healthware Inc. party was negligent regarding the design or manufacture of the software.
5. Limitation of Liability
Healthware Inc.’ website, services and Software are provided on an "as is" and "as available" basis. Healthware Inc. makes no express or implied warranties, representations, or endorsements of any kind, or as to the operation of the website or the information, content, materials, or products included on the website and Software. You expressly agree that your use of these services is at your sole risk.
You expressly acknowledge and agree that in no event shall Healthware Inc. its suppliers, affiliates, directors, officers, shareholders and employees be liable for any damages whatsoever (including, without limitation, lost profits, business interruption, or lost information) arising out of the use of or inability to use the software, even if Healthware Inc. has been advised of the possibility of such damages.
6. Jurisdiction and Governing Law
This Agreement and any non-contractual obligations arising out of or in connection with it shall be governed by and construed in accordance with the laws of the State of California. Any claim arising from or related to this Agreement must be brought in the state or federal courts located in San Diego (Southern District), California.
7. Severability
If any provision of these Terms of Service is held to be unenforceable for any reason, the remaining provisions hereof shall be unaffected and remaining full force and effect.
8. Waiver
A party’s failure or delay in enforcing any provision of this Agreement will not operate as a waiver of the right to enforce that provision or any other provision of this Agreement at any time. Nonwaiver of any provision of this Agreement will be valid unless in writing, specifying the provision to be waived, and signed by the party agreeing to the waiver.
9. Copyrights and Brand names
PrecisePK® is an enrolled brand name of Healthware Inc. Any other trademarks are the property of their respective owners.
Last Updated: April 7th, 2021.
APPROVAL AND OWNERSHIP
Approved by
Title
Date
Signature
ANJUM GUPTA
PRESIDENT, CEO
11-11-19
