Boomr Health Beta Test
User Agreement and Privacy Policy
“Scope of this Agreement. The Software-Product-Platform accompanying this Agreement as a pre-release copy and all affiliated materials, including documentation and information (collectively the “Product”), is copyrighted. Scope of this agreement is the licensing (not selling) of the “Product” to You, as the ‘user’ (either an individual or an entity). BOOMR HEALTH reserves all rights not expressly granted.”
“Please read and agree to the following terms and conditions, if you wish to be eligible to participate in the Closed Beta Testing. BY SELECTING THE “ACCEPT” BUTTON, YOU ACKNOWLEDGE THAT: (1) YOU ARE 65 YEARS OF AGE OR OLDER; AND (2) YOU HAVE READ, UNDERSTOOD, AND ACCEPTED THE TERMS AND CONDITIONS OF THIS AGREEMENT.”
“Limited License. You are entitled to access the Boomr Platform solely for the purposes of performing your obligations under this Agreement. You may not sell, license, or transfer the Platform, or reproductions of the Platform to other parties.”
“TERM AND TERMINATION. Unless otherwise terminated as specified under this Agreement, Licensee’s rights with respect to the Beta Test and Boomr Platform will terminate upon the conclusion of the Beta Test. Either party may terminate this Agreement at any time for any reason or no reason by providing the other party advance written notice thereof. BOOMR HEALTH shall immediately terminate this Agreement and any Licensee rights with respect to the Boomr Platform without notice in the event of improper disclosure of BOOMR HEALTH’S Beta Test as specified under Section 6 (Confidentiality) below. Upon any expiration or termination of this Agreement, the rights and licenses granted to Licensee under this Agreement shall immediately terminate, and Licensee shall immediately cease using the Boomr Platform.
“BETA TESTERS DUTIES. Beta Tester agrees to complete 5 sessions of health coaching, engage in the coaching process to the best of their ability, use the Boomr Platform to the best of their ability, respond to questionnaires, and report to the best of their ability any flaws or imperfections in the software.”
“Confidentiality. The Tester will not disclose the Platform or any comments regarding the Platform to any third party without the prior written approval of BOOMR HEALTH. The Tester will maintain the confidentiality of Platform with at least the same degree of care that you use to protect your own confidential and proprietary information, but not less than a reasonable degree of care under the circumstances. The Tester will not be liable for the disclosure of any confidential information which is: (a.) in the public domain other than by a breach of this Agreement on Tester’s part; or (b.) rightfully received from a third party without any obligation of confidentiality; or (c.) rightfully known to Tester without any limitation on use or disclosure prior to its receipt from BOOMR HEALTH; or (d.) generally made available to third parties by BOOMR HEALTH without restriction on disclosure.”
“Privacy Policy. BOOMR HEALTH’S Privacy Policy (available at http://www.thescore.com/pages/privacy) (Privacy Policy) applies to the Beta Test and the Boomr Platform. You acknowledge and agree that by participating in the Beta Test or by using the Boomr Platform, BOOMR HEALTH may receive certain information about you; any information used or disclosed by Boomr Health will be de-indentified in accordance with HIPAA.
“Fees and Costs. There are no license fees for Licensee’s use of the Beta Test and Boomr Platform under this Agreement. Licensee is responsible for all costs and expenses associated with the use of the Beta Product and the performance of all testing and evaluation activities.”
“Modification. This is the entire agreement between the parties relating to the subject matter hereof and all other terms are rejected. No waiver or modification of this Agreement shall be valid unless in writing signed by each party. The waiver of a breach of any term hereof shall in no way be construed as a waiver of any term or other breach hereof. If any provision of this Agreement is held by a court of competent jurisdiction to be contrary to law the remaining provisions of this Agreement shall remain in full force and effect.”
“No Assignment. This Agreement is personal to Tester. Tester shall not assign or otherwise transfer any rights or obligations under this Agreement.”
“If any provision of this Agreement shall be found by a court to be void, invalid or unenforceable, the same shall be reformed to comply with applicable law or stricken if not so conformable, so as not to affect the validity or enforceability of this Agreement.”
“CHOICE OF LAW AND DISPUTES For other than the U.S. Government as a party, this Agreement shall be governed by and construed in accordance with the laws of the State of California. as If performed wholly within the state and without giving effect to the principles of conflict of law rules of any jurisdiction or the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded. Any legal action or proceeding arising under this Agreement will be brought exclusively in the federal or state courts located in San Francisco. California and the parties hereby consent to personal Jurisdiction and venue therein.”