Intellectual Property Rights
Disclaimer of Warranties
We provide certain warranties to Subscribers with respect to the Software. WE HEREBY DISCLAIM ALL WARRANTIES TO YOU OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE WITH RESPECT TO THE SOFTWARE OR OUR SERVICES, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF TITLE, MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Limitation on Liability
IN NO EVENT WILL WE BE LIABLE TO YOU FOR DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, DIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE EQUILIBRIUM SYSTEM, WHETHER SUCH LIABILITY ARISES FROM ANY CLAIM BASED UPON CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, AND WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE. THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
The Software provides processed data and actionable insights that can be used to make assessments for analytical purposes. The Software is not intended to diagnose, treat, cure or prevent any disease, medical condition or injury. The information presented through the Software should not be used as a substitute for, or a replacement of, clinical decision making by a doctor or licensed provider with respect to the diagnosis, treatment, cure or prevention of any disease, medical condition or injury. We do not offer, and the Software does not constitute, medical, therapeutic or health care services or advice. Use of the Software does not create any physician-patient relationship between us and you. The Software has not acquired a CE Marking or FDA approval and as such it is not a medical device and is not an approved system for therapeutic purposes. You and the Subscriber with which you are collaborating are solely responsible for the accuracy, integrity, legality and appropriateness of any data that is uploaded to or processed through the Software. We will not independently review, approve or correct any such data. The Results are based on such data, and therefore the Results may be inaccurate, incomplete or misleading if the data that you provide to the Software is inaccurate, incomplete or misleading, including as a result of your or your Subscriber’s failure to follow the applicable protocols for collecting data for use with the Software.