End User License Agreement

DATAMONKEY LLC, a Delaware limited liability company d/b/a PatientIQ (“PatientIQ”) and Customer (as defined below) are willing to provide you (“User”) with limited use and access to the Service (as defined below), only on the condition that User accept and comply with all the terms in this User Agreement (this “Agreement”).

This is a legally binding agreement. Please read it carefully. By clicking “I Accept”, or using the Service (as defined below), you:

  • Acknowledge that you have read this Agreement, understand it and agree to be bound by its terms;
  • Represent that you are an Authorized User under the subscription agreement between PatientIQ and the Customer regarding the Service (the “Customer Agreement”).

If you are not an authorized User, or do not agree to these terms, you may not use the Service.

Definitions

  1. Background Materials” means all intellectual property and proprietary rights of PatientIQ (including, without limitation, ideas, concepts, inventions, systems, platforms, software, interfaces, tools, utilities, templates, forms, techniques, methods, processes, algorithms, know-how, copyrights, patents, trademarks, service marks, trade dress, trade secrets and other technologies and information) that are used by PatientIQ in providing the Service and Results (including any correction, improvement, extension or other modification to the Service made, created, conceived or developed by or for PatientIQ.
  2. Content” means the audio and visual information, Documentation, software, products, and services contained or made available to User in the course of using the Service.
  3. Customer” means the PatientIQ customer (i) with which you are employed, engaged, affiliated or associated or (ii) on whose behalf you are accessing and using the Service as an authorized user under the Customer Agreement.
  4. Documentation” means the user guide, help information and other documentation regarding the Service that is provided by PatientIQ to User in electronic or other form.
  5. Personal Information” any information that does or can identify a specific individual or by or from which a specific individual may be identified, contacted or located. Personal Information includes all “protected health information” as defined under the Health and Insurance Portability and Accountability Act of 1996, and all rules and regulations issued under any of the foregoing.
  6. PatientIQ Properties” means the Service, Documentation, Content, Background Materials, Compiled Data (as defined in Section 4.5) and Reports (as defined in Section 4.5).
  7. Results” means the work products resulting from the Service that are (i) delivered to User by PatientIQ through the Service and (ii) based solely on the User Data. For the sake of clarity, Results shall expressly exclude all PatientIQ Properties.
  8. Service” means the software application or applications, together with all Updates thereto, to which PatientIQ provides User remote access and use, subject to and as described in the Customer Agreement. The Service is accessible by User via the Website.
  9. Software” means those certain applications, operating systems, utility programs, communications software, interfaces and other computer software utilized by PatientIQ as part of providing the Service.
  10. Updates” means maintenance revisions, improvements, modifications, bug fixes, patches, corrections and enhancements to the Service that are provided by PatientIQ generally to its customers. The term “Updates” shall not include custom reports or enhancements for which PatientIQ charges a separate or additional fee.
  11. User Data” means all information, data and other content provided by User in connection with its authorized use of the Service.
  12. Website” means https://patientiq.io/ or another designated web site or IP address, rendered to User by PatientIQ.

Version Control

Legal documents are checked into Github for source control.

End User License Agreement last updated: 4/16/2018.

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