Important – This End-User Licence Agreement (“EULA”) is a legal agreement between you (as an Individual or a legal entity) and Global Health Limited (“GLH”) for the GLH software the use of which is governed by this EULA, which includes computer software and may include associated media, printed materials, “online” or electronic documentation, and Internet-based services (“Software”).
By installing, downloading, copying, accessing or otherwise using the Software you agree to be bound by the provisions of this EULA. If you do not agree to be bound by this EULA, do not install, download or copy the Software or any part of it. Any person using or accessing the Software does so subject to the terms and conditions of this EULA.
You acknowledge that the Software is supplied for use only by health care providers and any prescribing module in the Software is only to be used by registered medical practitioners.
GLH hereby grants to you and you agree to accept a non-transferable, non-exclusive licence (“the Licence”) to use the Software or such part thereof subject to the terms and conditions of this EULA and all other terms and conditions which apply to the use of any part of the Software.
The Software may contain, use or rely on content, services or applications owned by third parties who have licenced their intellectual property to be used in or by the Software upon terms and conditions stipulated by the third party owners. Your right to use such third party content and applications is subject to the terms and conditions as stipulated by the owners and may be subject to licencing fees. You agree to accept their terms and conditions of use and agree to obtain all required licences by payment of the applicable licence fees. You agree that your right to use the Software or any part of it may be dependent on obtaining such third party licences and agree that you will have no claim against GLH for any non-functionality of the Software or any part of it by reason of not obtaining the required third party licences.
Any warranty given by Global is subject to your using the Software or any part thereof strictly in accordance with the terms of this EULA and all other terms and conditions which may apply and maintaining a current version of the Software (and associated operating environment and/or browser). A current version of the Software (and associated operating environment and/or browser) for the purpose of this EULA means a version of the Software (and associated operating environment and/or browser) which is in general commercial use and has been released within the previous 18 months or is the latest release.
Where the Software is not licensed as a service, then unless you have been specifically licensed for multiple use, you may only use the Software on one computer or device that you own or operate. You may transfer the Software to another computer or device that you own or operate provided that you do not use or permit the use of the Software on more than one computer or device at a time. Where multiple use is licensed, the Software may be used by/on up to the maximum number of concurrent users or computers and devices allowed by your licence and all users are bound by the terms and conditions of this EULA.
Where Software is licensed as a service, your use of the Software is limited to the maximum number of user logins that you have subscribed and paid for. GLH’s service provider(s) use(s) commercially reasonable endeavours to achieve an availability target of at least 99.95% (“Availability Target”). Availability is measured as the percentage of time that the Software service is operational and contactable via the Internet. Availability is measured over a calendar month and does not include any scheduled outages or downtime initiated by you. Failure to achieve the Availability Target does not entitle you to any rebate or refund.
The Software can only run on hardware, operating systems, browsers, databases and/or other platforms as may be specified by GLH from time to time. You agree that support provided for the Software will be limited to such specified hardware, operating systems, browsers, databases and platforms and that the availability and performance of the Software or any part thereof may be affected by any variation or combination of the same as well as other factors such as internet speed and service availability and that GLH cannot and does not make any warranty whatsoever in respect of the Software’s availability or performance.
GLH does not take any responsibility nor make any warranty whatsoever for any hardware, operating systems, browsers, databases, platforms or any other form of electronic device, including mobile devices, upon which the software may run. Administration and correct operation of your hardware, operating systems, browsers, databases, platforms or any other form of electronic device, including mobile devices remains your sole responsibility.
If the Software is licensed as a service, then you may not copy or duplicate the Software in any way whatsoever.
If the Software is not licensed as a service, you may not copy or duplicate the Software except as reasonably necessary for archival or backup purposes, program error verification or to replace defective storage media provided that you retain the original and the copies and ensure that the copies bear notices of GLH’s ownership of copyright.
You may not adapt, modify, reverse engineer, decompile, disassemble or in any way alter the Software.
You must not sub-license, lease, rent, lend or transfer the Software to any other person or entity.
You must take all reasonable steps to ensure the Software is protected at all times from unauthorised access, use, misuse, damage or destruction and ensure that your employees, servants and agents are fully aware of and comply with the obligations under this agreement in relation to the use of the Software.
Where the Software is licensed as a service, at the time of publication of this EULA the Software is backed up by: (i) GLH’s hosting service provider, which has a backup policy of once-daily backups with a retention period of 35 days; and (ii) GLH, which has a backup policy of once-daily overnight (Australian Eastern Time) backups with a retention period of 35 days.
Subject to your compliance with your obligations under this EULA, GLH will provide you with the following support services during the Term.
The Licence is granted on a subscription and/or transaction basis and provided that you have paid the applicable fees by the due date, you may continue to use the Software in accordance with the terms and conditions of this EULA until the Licence is terminated as follows.
In consideration for the grant of the Licence you agree to pay GLH’s prevailing subscription and/or transaction fees for the Software as notified to you from time to time. GLH may, in its absolute discretion and without reference to you, increase the fees payable at any time by a minimum rate equivalent to the Australian Bureau of Statistics Health sector Consumer Price Index for the preceding 12 months.
GLH agrees to provide you with training in the use of the Software at your cost in accordance with GLH’s prevailing charges.
The Software is sold “as is” and you are assuming the entire risk as to its availability, quality, performance, merchantability, or fitness for a particular purpose. It is your responsibility to verify the results obtained from the use of the Software to ensure that they are correct. GLH disclaims all warranties, to the maximum extent allowed by law, and makes no warranty or representation, either express or implied, with regard to the Software or any part thereof, including without limitation to the availability, quality, performance, merchantability, or fitness for a particular purpose.
This EULA is governed by the laws of the state of Victoria, Australia and you agree to submit yourself to the non-exclusive jurisdiction of the Courts of that State in the event of any dispute between GLH and you.
If any provision of this EULA is held to be void, invalid, unenforceable or illegal, it may be severed without affecting any other part of this agreement and the other provisions shall continue in full force and effect.