ATTENTION: PLEASE READ THIS END USER LICENSE AGREEMENT (“EULA”) CAREFULLY. BY CLICKING THE “ACCEPT” BUTTON, YOU ACKNOWLEDGE THAT YOU: HAVE READ AND UNDERSTOOD THE EULA; ARE AT LEAST EIGHTEEN (18) YEARS OF AGE AND HAVE THE LEGAL AUTHORITY TO ACCEPT THE EULA; AND AGREE TO BE LEGALLY BOUND BY THE EULA. IF YOU DO NOT ACCEPT THE EULA, YOU ARE NOT PERMITTED TO USE THE SOFTWARE OR RELATED MATERIALS. THIS IS A LEGALLY BINDING AGREEMENT.
Thank you for reviewing this End User License Agreement ("EULA"), which creates a legal agreement between you ("you" or "your") and Dimagi Inc. (“Dimagi”, “we”, “us” or “our”) for use of the Mobile Platform and the Server Platform (collectively, the “Software”). By clicking the “Accept” button to acknowledge your agreement, or by installing, copying, downloading, accessing, or otherwise using the Software, you agree to be bound by the terms of this EULA. If you do not agree to the terms of this EULA, do not use the Software.
We may from time to time revise this EULA (including by moving or deleting portions of, or adding to, the terms that govern your use of the Software). Dimagi will notify all users of any revisions to the EULA. Your use of the Software following any changes constitutes your agreement to be bound by the EULA. If you do not agree to be so bound, you are not authorized to use the Software.
PRODUCT DESCRIPTIONS AND LICENSES.
The Mobile Platform. The Mobile Platform is a mobile application that allows users to access content, and collect data. The Mobile Platform utilizes several open source libraries, including CommCare, CommCareHQ, Open Data Kit (ODK), JavaRosa, Django, RapidSMS, and CouchDB. The Mobile Platform may also be used under the names CommCare Mobile Platform, CommConnect Mobile Platform, or CommCare Supply Mobile Platform, which enable or disable additional functionality. However, Dimagi maintains the source code, writes nearly all of the source code, and holds a copyright for the entire code base. In substantial part, the Mobile Platform is licensed under the terms of the Apache License, available at www.commcarehq.org/apache_license/. In the event of any conflict between the terms of the Apache License and Section 1 through Section 10 of this EULA (the “Additional Terms”), the Additional Terms shall govern.
The Server Platform. The Server Platform is a web-based application that allows you to author downloadable customizations, modules and other content (“Applications”), deploy them on mobile devices through the Mobile Platform, and manage users and collected data. The Server Platform may also be used under the names CommCareHQ Server Platform, CommConnect Server Platform, or CommCare Supply Server Platform, which enable or disable additional functionality. Dimagi maintains the source code, writes nearly all of the source code, and holds a copyright for the entire code base. In substantial part, The Server Platform is licensed under the terms of the BSD License, available at www.commcarehq.org/bsd_license/. In the event of any conflict between the terms of the BSD License and the Additional Terms, the Additional Terms shall govern.
HOSTED SERVICE. Dimagi maintains a multi-tenant cloud environment instance of the Server Platform (the “Hosted Service”). If you choose to use the Hosted Service, Dimagi may charge associated fees with such usage. You acknowledge and agree that you are not permitted to modify, alter or otherwise change the Hosted Service.
DATA OWNERSHIP. Unless otherwise agreed, Dimagi does not claim ownership of any data you may collect, store or otherwise submit through the Software, including any intellectual property rights therein (collectively, “Your Data”). However, by using the Software, you grant Dimagi permission to use Your Data for operational purposes and for improving the Software and the Hosted Service.
· Dimagi may also use Your Data to create aggregate, anonymized data sets (“Data Sets”). Data Sets are not associated with any individual or user account. Dimagi may use Data Sets for public health and research purposes. If you do not consent to the use of Your Data to create Data Sets, please “opt-out” by contacting us at email@example.com and your data will no longer be included as of the date of notification.
· Dimagi will receive, store, access, use and destroy any all Personal Information it acquires under or in connection with this Agreement in compliance with all applicable data protection laws. Dimagi will never share personally identifiable information without your consent unless as required by law.
· For this purpose, “Personal Information” means any personally identifying information, which can be used to identify, describe, locate or contact an individual, including but not limited to such individual’s (a) name or initials; (b) home or other physical address; (c) telephone number; (d) email address or online identifier associated with the individual; (e) social security number or other similar government identifier; (f) employment, financial or health information; (g) information specific to an individual’s physical, physiological, mental, economic, racial, political, ethnic, ideological, cultural or social identity; (h) photographs; (i) dates relating to the individual (except years alone); (j) financial account numbers; (k) genetic material or information; (l) business contact information; and (m) any other information relating to an individual that, alone or in combination, with any of the above, can be used to identify, contact, or locate an individual, either alone or in combination with other easily accessible sources.
YOUR ACCOUNT. You acknowledge and agree that you are responsible for all activity occurring under your account, which includes: (i) your use of the Server Platform; (ii) your use of Applications deployed on mobile devices through the Mobile Platform; and (iii) your use of the Hosted Service, as applicable (collectively, “Your Account”). Should you choose to authorize, delegate or otherwise share control or access of Your Account with other individuals or organizations (“Your Delegates”), you shall assume full responsibility for the activity of Your Delegates. Dimagi is not responsible for, and assumes no liability resulting from any use of Your Account by Your Delegates. You agree that Dimagi reserves the right to adjust the naming of your organizational account ("Your Account Name") on the Server Platform to avoid end user confusion.
YOUR PROJECT SPACE NAME. The Server Platform enables you to create a project space. You may also associate the Server Platform with your own project space name, which you have registered or will register through the Internet Corporation for Assigned Names and Numbers (“ICANN”). Your use of a project space or “domain” name registered with ICANN is subject to ICANN’s policies, including without limitation, being bound by the terms of the ICANN Uniform Domain Name Dispute Resolution Policy located at http://www.icann.org/udrp/udrp.htm, as it may be amended or relocated from time to time. You agree that Dimagi may in its sole discretion reject or disable any project space you propose before it is published as part of a URL or associated with the Server Platform project space name.
U.S. DIGITAL MILLENNIUM COPYRIGHT ACT. If Dimagi receives a notice alleging that material on Your Project Space Name infringes another party’s copyright, Dimagi may disable that Project Space in accordance with Title II of the Digital Millennium Copyright Act of 1998 (Section 512 of the U.S. Copyright Act).
Third-Party Applications. The Exchange is available on the Server Platform and is a digital distribution platform for users to publish and download Applications. Through the Software, you may access Applications developed by third parties that have been published on the Exchange. Such Applications are subject to separate license agreements, the terms of which may differ from this EULA. You should review the applicable license agreements prior to use of any Applications. Unless agreed to separately, you acknowledge and agree that Dimagi is not responsible for, and assumes no liability resulting from your use or misuse of, any Applications.
Your Applications. You are responsible for the content of any Applications that you create, and you represent and warrant that you have appropriate intellectual property rights for any and all content included therein. Dimagi may provide you with the option to distribute your Applications through the Software on the Exchange. Such distribution shall be subject to a separate license agreement between you and third party users of your Applications. Unless agreed to separately, you acknowledge and agree that Dimagi is not responsible for, and assumes no liability resulting from your creation or distribution, of any Applications.
NO MEDICAL ADVICE. You acknowledge and agree that Dimagi is not a health care provider. The information included within or accessed through the Software, including Applications, is for informational purposes only. The Software and such related content should not be used as a substitute for advice provided by a licensed health care provider. Dimagi is not responsible for, and assumes no liability resulting from any use of the Software contrary to this provision.
NEW VERSIONS. Dimagi may, in its sole discretion, add features or functions or provide bug fixes, patches, updates and upgrades to the Software, including its components, which may be provided automatically. If you do not want to receive such upgrades automatically, you should not use the Software.
MUTUAL INDEMNIFICATION. (1)Dimagi shall not be liable to You for any failures or delays caused by events beyond Dimagi's control, Your failure to furnish necessary information, sabotage, failure or delays in transportation or communication, failures or substitutions of equipment, labor disputes, accidents, shortages of labor, fuel, raw materials or equipment, or technical failures. (2) Dimagi shall indemnify, defend and hold You harmless from and against any and all claims, demands, causes of action, damages, liabilities, losses, costs and expenses (collectively, the “Claims”), arising out of, incidental to, or resulting directly or indirectly from (a) the breach by Dimagi of its representations, warranties or covenants hereunder; (b) third party claims that the usage of the Software infringes or misappropriates such third party’s intellectual property rights, however arising, except to the extent such infringement is the direct result of Your specific requests to Dimagi; or (c) breaches of Dimagi’s obligation with respect to Personal Information set forth above.
TERM AND TERMINATION. This EULA is effective from the date accepted and continues in effect until terminated. You may terminate this EULA at any time by emailing firstname.lastname@example.org, at which point your license hereunder will terminate. This EULA and the license granted herein will terminate automatically and without notice if you fail to comply with any term or condition of this EULA. Upon termination, you agree to destroy all copies of the Software in your possession. Upon termination of the EULA for any reason, you will have full access to your data for at least a two-week period. Upon your request, Dimagi will delete all data collected through your application from all servers within two weeks of receiving notice. Any provision in this EULA which when reasonably read is intended to survive the termination of this EULA shall survive, including without limitation, any disclaimer of warranties and limitations of liability.
COMPLIANCE WITH LAW. Dimagi makes no representation that the Software or any related content are appropriate or available for use in your locality. You acknowledge and agree that you are responsible for ensuring that your use of the Software, including your use of the Hosted Service, as applicable, complies with all relevant local and international laws.
GOVERNING LAW. This Agreement shall be governed by and interpreted in accordance with the laws of the Commonwealth of Massachusetts (excluding the conflict of laws rules thereof). All disputes hereunder shall be resolved in the applicable state or federal courts of Massachusetts. The parties consent to the jurisdiction of such courts and waive any jurisdictional or venue defenses otherwise available.
ENTIRE AGREEMENT. This EULA (including the terms of either the BSD License or Apache License) sets forth Dimagi’s entire liability and your exclusive remedy with respect to the Software. You acknowledge that this EULA is a complete statement of th e agreement between you and Dimagi with respect to the Software, and that there are no other prior or contemporaneous understandings, promises, representations or descriptions with respect to the Software. If any provision of this EULA is invalid or unenforceable under applicable law it is deemed omitted and the remaining provisions will continue in full force and effect.
YOU ACKNOWLEDGE THAT YOU HAVE READ THIS EULA AND UNDERSTAND THE RIGHTS, OBLIGATIONS, TERMS AND CONDITIONS SET FORTH HEREIN. BY CLICKING THE “ACCEPT” BUTTON AND/OR CONTINUING TO ACCESS AND USE THE SOFTWARE, YOU CONSENT TO BE BOUND BY THIS EULA.