TERMS AND CONDITIONS – EULA

I. IMPORTANT – READ CAREFULLY

THIS TERMS AND CONDITIONS OR END USER LICENSE AGREEMENT (“AGREEMENT”) IS A LEGAL AGREEMENT BETWEEN SWISS TROPICAL AND PUBLIC HEALTH INSTITUTE, HAVING ITS REGISTERED OFFICES AT KREUZSTRASSE 2, 4123 ALLSCHWIL, SWITZERLAND, HEREINAFTER REFERRED TO AS THE “SWISS TPH”, “WE”, “US” OR “OUR”, (WHICH EXPRESSION SHALL UNLESS REPUGNANT TO OR INCONSISTENT WITH THE CONTEXT OR MEANING THEREOF, SHALL INCLUDE ITS SUCCESSORS IN INTEREST, AFFILIATES, PARTNERS, COLLABORATORS, CONTRIBUTORS, AUTHORS, LICENSORS, LICENSEES, ASSIGNS, SUBSIDIARY AND PARENT COMPANIES) AND YOU, WHO IS DOWNLOADING AND/OR LICENSING AND/OR USING THE VAPAGUIDE (www.vapaguide.info). HEREINAFTER REFERRED TO AS “YOU”, OR “YOUR” (WHICH EXPRESSION SHALL UNLESS REPUGNANT TO OR INCONSISTENT WITH THE CONTEXT OR MEANING THEREOF, SHALL INCLUDE YOUR SUCCESSORS-IN-INTEREST, AFFILIATES AND PERMITTED ASSIGNS). BY INSTALLING, ACCESSING, COPYING OR OTHERWISE USINGTHE VAPAGUIDE (www.vapaguide.info, HEREINAFTER REFERRED TO AS VAPAGUIDE) INCLUDING BUT NOT LIMITED TO ASSOCIATED MEDIA, AND ONLINE OR ELECTRONIC DOCUMENTATION, YOU AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT AND ANY FUTURE AMENDMENTS AND ADDITIONS TO THIS AGREEMENT AS PUBLISHED BY SWISS TPH FROM TIME TO TIME. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, DO NOT ACCESS OR USE THE VAPAGUIDE. YOU SHALL INFORM AND BE RESPONSIBLE FOR COMPLIANCE OF ALL USERS OF THE VAPAGUIDE OF THE TERMS AND CONDITIONS OF THIS AGREEMENT.

II. LICENSE AND TERMS OF USE

2.1 You are accessing or using the VAPAGUIDE and agree to operate the same according to the specifications provided by Swiss TPH, You are required to use the VAPAGUIDE with the limited right to use.

2.2 This Agreement, grants You, and authorized users under You, a non- exclusive, non-transferable, non-sub-licensable, royalty free, limited, worldwide license to use the VAPAGUIDE under the terms and conditions stated herein. You agree that the VAPAGUIDE is licensed, not sold to You. You agree that all upgrades, enhancements, adaptations, modifications, translations, maintenance releases, patches, bug-fixes, or other modifications to the VAPAGUIDE provided to You shall be governed by the terms and conditions, including the limited warranty, exclusive remedies, and limitations of liability provisions, contained in this Agreement, or the then current version hereof as agreed between the parties. Swiss TPH may provide updates, upgrades and modifications at its discretion. Swiss TPH reserves the right to modify the terms and conditions of this agreement or its policies relating to the VAPAGUIDE at any time and provide a formal notification to You. Continued use of the VAPAGUIDE after any such changes shall constitute Your consent to all such changes.

2.3 You shall not: (i) make a copy of any of the VAPAGUIDE or portion thereof for any purpose not explicitly permitted herein; (ii) provide commercial hosting services, sell, sublicense, rent, loan or lease the VAPAGUIDE to another party, without the prior written consent of Swiss TPH; (iii) except to the extent that such a prohibition is expressly prohibited by law, translate, transliterate, decompile, disassemble, reverse engineer, adapt, modify or derive other works from, in any manner, any of the VAPAGUIDE or portion thereof; (iv) transfer or assign Your rights to use the VAPAGUIDE except as permitted herein; (v) use the VAPAGUIDE in violation of applicable laws or regulations; (vi) use the VAPAGUIDE for any purpose other than as permitted in this Agreement; (vii) use someone else's copyrighted or trademarked work with the VAPAGUIDE, if You are not permitted to use it, (viii) use any pirated version of the VAPAGUIDE or share the VAPAGUIDE with a third party without the prior written permission of Swiss TPH, (ix) attempt to impair the operation of the VAPAGUIDE (x) try to harm the VAPAGUIDE in any way whatsoever.

2.4 The VAPAGUIDE does not collect any personal data of any user at any time of use of the application by You.

2.5 All title and Intellectual Property Rights in and to the VAPAGUIDE and any copies, You are permitted to make herein, are owned by Swiss TPH and/or its collaborators/ contributors/ authors/ licensors/ licensees and is protected by Swiss as well as worldwide patent, copyright, design, design patent, trade secret and other applicable laws and by international treaty provisions. Swiss TPH and/or its collaborators/ contributors/ authors/ licensors/ licensees retain ownership of the VAPAGUIDE.

No rights are granted to You other than a license to use the VAPAGUIDE upon the terms expressly set forth in this Agreement. Such collaborators/ contributors/ authors/ licensors/ licensees, in addition to any other rights or remedies available to them, are third party beneficiaries of this Agreement for their respective portions of the VAPAGUIDE software and may have the right to enforce such terms against You. The contents, structure, sequence, and organization of the VAPAGUIDE are valuable intellectual properties of Swiss TPH, its collaborators/ contributors/ authors/ licensors/ licensees.

2.6 “Intellectual Property Rights” shall mean and include any proprietary rights in respect of or in connection with the brand name, logos, drawings, models, graphics, products, service marks, copyright, extended or revived copyright, design rights, registered design rights, patents, design patents, droit moral, performer’s property rights, confidential information, trademarks, trade and business names (including goodwill associated with such marks and names), database rights or any similar right exercisable in any part of the world, rights in the nature of unfair competition rights, the right to sue for passing off or past infringement and any other intellectual property rights, in each case whether registrable or unregistrable, registered or unregistered or pending, and including all existing and future rights capable of present assignment, applications for and renewals or extensions of such rights, and all similar or equivalent rights or forms of protection including the benefit of all registrations of, applications to register and the right to apply for registration of any of the foregoing items and all rights similar to any of the foregoing items, each for their full term (including any extensions or renewals thereof) and wherever in the world enforceable.

III. RECOMMENDATIONS OF USE

You should remain within the tracks as defined below.

The VAPAGUIDE provides only information for educational purpose. The information provided by the VAPAGUIDE is not a substitute for professional medical advice, diagnosis, or treatment. All content, including text, graphics, images, and information, contained on or available through the VAPAGUIDE is for general information purposes only.

IV. INDEMNITY

4.1 You hereby undertake and agree to keep and hold Swiss TPH and its affiliates, officers, directors, employees, agents, and representatives indemnified and harmless from and against any loss(es), liabilities, damages, costs, claims, demands, prosecutions, proceedings and expenses (including reasonable attorney’s fees) resulting from, relating to, or arising out of the use or misuse of the VAPAGUIDE provided by Swiss TPH to You under this Agreement; any damage or modification to the VAPAGUIDE by the You, its officers, employees, agents, students, patients made available or falling accessible to the Customer by virtue of this Agreement; any breach of applicable law or its obligations or representations under this Agreement; default or non-performance of any terms and conditions of this Agreement; any act or omission of the persons engaged by You for the purpose of this Agreement or otherwise employed or engaged by the You pursuant to this Agreement.

4.2 Swiss TPH hereby undertakes and agrees to keep and hold You and Your officers, directors, employees, agents, indemnified and harmless from and against any loss(es), liabilities, damages, costs, claims, demands, prosecutions, proceedings and expenses (including reasonable attorney’s fees) resulting from, relating to, or arising out of any harm or injury caused by Swiss TPH’s negligence, fraud or infringement of third party intellectual property rights and non-compliance with applicable law.

V. LIMITATION OF LIABILITY

5.1 It is understood that neither party to this Agreement is the agent of the other party and neither is liable for the wrongful acts or negligence of the other. Each party shall be responsible for its negligent acts or omissions and those of its officers, employees, agents or students (if applicable), howsoever caused, to the extent allowed by applicable law.

5.2 Notwithstanding anything contained in this Agreement, neither party shall be liable for any incidental, indirect, consequential, and special or punitive damages for any alleged breach of representation or warranty, breach of contract, negligence, strict liability, or other theory of liability.

5.3 To the maximum extent permitted by applicable law, Swiss TPH and the authors shall not be liable for any injury, death, treatment decision, diagnostic error or other consequence resulting from reliance on information contained in the application.

VI. DISCLAIMER

6.1 The VAPAGUIDE provides only information for educational purposes. The information provided by the Snakebite Assistant is not a substitute for professional medical advice, diagnosis, or treatment. All content, including text, graphics, images and information, contained on or available through the VAPAGUIDE is for general information purposes only.

6.2 The VAPAGUIDE does not represent a substitute for expert medical attention. You must never rely on any information obtained using the snakebite assistant for any diagnosis or recommendation for medical treatment. You must not rely on the information on the VAPAGUIDE as an alternative to medical advice from your doctor or other professional healthcare provider. You must never disregard professional medical advice or delay seeking medical treatment as result of any information you have seen on or accessed through the VAPAGUIDE. We strongly recommend that you consult your own physician or another available health professional regarding any diagnosis, findings, interpretation, or course of treatment. If you think you or another individual maybe suffering from any medical condition you should seek immediate medical attention. You should never delay seeking medical advice, or discontinue medical treatment because of information in this website.

6.3 The medical information within the VAPAGUIDE is provided “as is” without any representations or warranties, express or implied. Swiss TPH or any other person or party that contributed to the VAPAGUIDE makes neither representations nor warranties in relation to the medical information in the VAPAGUIDE. Reliance on any information provided by the VAPAGUIDE or any linked websites is solely at your own risk.

6.4 None of the individual authors, contributors, developers of the VAPAGUIDE nor anyone else connected to the VAPAGUIDE take any responsibility for the results or consequences of any attempt to use or adopt any of the information presented by the VAPAGUIDE.

6.5 Without prejudice to the generality of the foregoing paragraph, the VAPAGUIDE does not warrant that the medical or biological information in this guide is complete, true, accurate, up-to-date, or non-misleading. Neither does Swiss TPH or its collaborators/ contributors/ authors/ licensors/ licensees assume legal liability or responsibility the points mentioned above.

6.6 The VAPAGUIDE does not constitute a textbook and therefore deliberately provides little, if any, explanation or background to the conditions and treatment outlined. The VAPAGUIDE is, however, designed to acquaint You rapidly with the clinical problem and provide practical advice regarding assessment and management.

6.7 Where possible, the VAPAGUIDE refers to World Health Organization approved and distributed guidelines and information and approved national recommendations. The recommendations contained in the VAPAGUIDE do not indicate an exclusive course of action or standard of care. They do not replace the need for application of clinical judgment to each individual presentation, nor variations based on locality and facility type.

6.8 The inclusion of links to external websites does not constitute an endorsement of those websites nor the information or services offered.

6.9 Swiss TPH and its collaborators/ contributors/ authors/ licensors/ licensees have made considerable efforts to ensure the information upon which they are based is accurate and up to date. Users of the VAPAGUIDE are strongly recommended to confirm that the information contained within the VAPAGUIDE, especially drug doses, is correct by way of independent sources. Swiss TPH and its collaborators/ contributors/ authors/ licensors/ licensees accept no responsibility for any inaccuracies, information perceived as misleading, or the success or failure of any treatment regimen detailed in the VAPAGUIDE.

6.10 Swiss TPH does not warrant that the VAPAGUIDE will operate uninterrupted or error free. Swiss TPH and its collaborators/ contributors/ authors/ licensors/ licensees disclaim all other warranties, express or implied, either in fact or by operation of law, statutory or otherwise, and Swiss TPH and its collaborators/ contributors/ authors/ licensors/ licensees expressly exclude and disclaim any warranty of merchantability, fitness for a particular purpose, lack of viruses.

6.11 BY USING THE VAPAGUIDE YOU HAVE ACKNOWLEDGED THAT:

YOU HAVE READ AND UNDERSTAND THIS DISCLAIMER
YOU AGREE WITH THIS DISCLAIMER
YOU AGREE TO BE LEGALLY BOUND BY THIS DISCLAIMER, WHICH SHALL TAKE EFFECT IMMEDIATELY WHEN USING THE VAPAGUIDE

IF YOU DO NOT AGREE TO BE LEGALLY BOUND BY THIS DISCLAIMER, YOU MAY NOT ACCESS THE VAPAGUIDE REGISTER THE VAPAGUIDE UNDER YOUR NAME OR USE THE VAPAGUIDE.

VII. INFRINGEMENT OF THIRD-PARTY RIGHTS

In the event, the VAPAGUIDE infringes any intellectual property rights of a third party, then Swiss TPH’s obligations under this Agreement are expressly subject to the following: (i) You must notify Swiss TPH within reasonable time as soon as You become aware of any such claim; (ii) You must in writing grant Swiss TPH sole control of the defence of any such claim and of all negotiations for its resolution. If the VAPAGUIDE is, or in Swiss TPH’s opinion is likely to become, the subject of an intellectual property right infringement claim, then Swiss TPH, at its sole option and expense, will endeavour to: (a) obtain the right to continue licensing the VAPAGUIDE under the terms of this Agreement; (b) replace or modify the VAPAGUIDE so that it becomes non-infringing and substantially equivalent in the VAPAGUIDE functions.

VIII. DISPUTE RESOLUTION, GOVERNING LAW, AND JURISDICTION

The parties shall endeavour to settle all disputes and differences under or in connection with this Agreement by mutual discussions within a period of seven (7) days from the date of such dispute or difference. The seat of arbitration shall be ICC Paris and the language of arbitration shall be in English.

The foregoing arbitration clause shall not prevent either party from seeking interim, conservatory or injunctive relief before any competent court. For all matters not subject to arbitration, the ordinary courts of Basel-Landschaft, Switzerland, shall have exclusive jurisdiction.

IX. AMENDMENT AND ASSIGNMENT

Swiss TPH may vary the terms of this Agreement and communicate to You from time to time and continued use of the VAPAGUIDE by You shall signify acceptance thereof by You. You shall not assign Your rights and obligations under this Agreement without the written consent of Swiss TPH.

X. FORCE MAJEURE

Notwithstanding anything contained herein, each party will be excused from performance of its obligations under this agreement, except payment obligations, to the extent that performance is rendered impossible by earthquake, fire, flood, governmental action, labour disruptions, supplier failures, pandemic, lockdown, or any other event or circumstance beyond that party's reasonable control.

XI. ENTIRE AGREEMENT

This Agreement represents the entire understanding between the parties hereto in the subject matter thereof and supersedes and cancels all prior arrangements or understanding whether written or oral between the parties hereto.