App User Agreement
PLEASE READ CAREFULLY BEFORE DOWNLOADING THE APP
This licence agreement (App User Agreement) is a legal agreement between you (you, your) and Dr Sulaiman Al Habib Medical Group (HMG, we, us, our) for: Dr. ALHABIB smart devices/desktop application software, and related user information, graphics, and app icons (App).
Operating system requirements are specified in the store description. For more details, check the app information in each store before downloading the app.
By downloading the App from the Website or from the Appstore and/or clicking on the ACCEPT button below, you agree to:
• the App User Agreement; and
• the Appstore Rules
which together shall be referred to as the Licences) and which will bind you.
If you do not agree to the Licences, we do not license the App to you and you must stop the downloading process now. You will not have our permission to download, stream or use the App or the services that we may provide through it.
It is agreed as follows:
1.1 This App User Agreement applies to the App and any updates or supplements to the App.
1.4 Certain services may make use of location data sent from the Devices. You can turn off this functionality at any time by turning off the location services settings for the App on the Device. If you use these services, you consent to us and our affiliates' and licensees' transmission, collection, maintenance, processing and use of your location data and queries to provide and improve location-based and road traffic-based products and services. You may withdraw this consent at any time by turning off the location services settings.
1.5 If any open-source software is included in the App, the terms of an open-source licence may override some of the terms of this App User Agreement.
1.6 We may change these terms at any time by sending you an SMS with details of the change or by notifying you of a change when you next start the App or through a notification provided on the Sites. You may be required to read and accept them to continue your use of the App.
1.7 From time to time updates to the App may be issued through the Appstore. Depending on the update, you may not be able to use the App until you have downloaded or streamed the latest version of the App and accepted any new terms.
1.8 You will be assumed to have obtained permission from the owners of the mobile telephone or handheld devices that are controlled, but not owned, by you (Devices) and to download or stream a copy of the App onto the Devices. You and they may be charged by your and their service providers for internet access on the Devices. You accept responsibility for the use of the App on or in relation to any Device, whether or not it is owned by you.
1.9 The App 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.
1.10 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
2.2 You may download a copy of the App onto one mobile or handheld device to view, use and display the App on the Devices for your personal purposes only.
3 Licence restrictions
Except as expressly set out in this App User Agreement or as permitted by any local law, you agree:
(a) not to copy the App except where such copying is incidental to normal use of the App, 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 the App;
(c) not to make alterations to, or modifications of, the whole or any part of the App, or permit the App 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 the App or attempt to do any such thing except to the extent that such actions cannot be prohibited because they are essential for the purpose of achieving inter-operability of the App 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 the App 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 the App;
(e) to keep all copies of the App secure and to maintain accurate and up-to-date records of the number and locations of all copies of the App;
(f) to include our copyright notice on all entire and partial copies you make of the App on any medium;
(g) not to provide or otherwise make available the App 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 the App (Technology),
together Licence Restrictions.
4 Acceptable use restrictions
(a) not use the App in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with this App User Agreement, or act fraudulently or maliciously, for example, by hacking into or inserting malicious code, including viruses, or harmful data, into the App or any operating system;
(b) not infringe our intellectual property rights or those of any third party in relation to your use of the App (to the extent that such use is not licensed by this App User Agreement);
(c) not transmit any material that is defamatory, offensive or otherwise objectionable in relation to your use of the App;
(d) not use the App or any Service in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users; and
(e) not collect or harvest any information or data from or through your use of the App or our systems or attempt to decipher any transmissions to or from the servers that run or operate the App.
5 Intellectual property rights
5.1 You acknowledge that all intellectual property rights in the App and the Technology anywhere in the world belong to us or our licensors, that rights in the App are licensed (not sold) to you, and that you have no rights in, or to, the App or the Technology other than the right to use each of them in accordance with the terms of this App User Agreement.
5.2 You acknowledge that you have no right to have access to the App in source-code form.
6 Limitation of liability
6.1 You acknowledge that the App has not been developed to meet your individual requirements, and that it is therefore your responsibility to ensure that the facilities and functions of the App meet your requirements.
6.2 We only supply the App for domestic and private use. You agree not to use the App for any commercial, business or resale purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
7.1 We may terminate this App User Agreement immediately by written notice to you:
(a) if you commit a material or persistent breach of this App User Agreement which you fail to remedy (if remediable) within 14 days after the service of written notice requiring you to do so; and
(b) if you breach any of the Licence Restrictions or the Acceptable Use Restrictions.
7.2 On termination for any reason:
(a) all rights granted to you under this App User Agreement shall cease;
(b) you must immediately cease all activities authorised by this App User Agreement, including your use of any Services; and
(c) you must immediately delete or remove the App from all Devices, and immediately destroy all copies of the App and Documents then in your possession, custody or control and certify to us that you have done so.
8 Other important terms
8.1 We may transfer our rights and obligations under this App User Agreement to another organisation, but this will not affect your rights or our obligations under this App User Agreement.
8.2 You may only transfer your rights or obligations under this App User Agreement to another person if we agree in writing.
8.3 If we fail to insist that you perform any of your obligations under this App User Agreement, 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.
8.4 Each of the conditions of this App User Agreement 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.