Not Substitute for Professional or Medical Advice and Treatment. This App and Digital Content may contain general information relating to health, medical conditions and disease states, including those relating to respiratory related conditions. Users of the App and Digital Content should not rely on information provided by the App or Digital Content, including the tools, comments, audio files and notifications, for treatment, diagnosis or advice related to their medical condition, but should consult a physician or other health care provider about any health condition they have. Users should not use the information contained herein for diagnosing a health or fitness problem or disease. Use of the App and Digital Content does not create an express or implied physician-patient relationship. You are hereby advised to consult with a physician or other professional health care provider prior to making any decisions or undertaking any actions or not undertaking any actions related to any health care problem or issue you might have at any time, now or in the future. In using the App and Digital Content, you agree that neither AstraZeneca Pharmaceuticals (Pty) Ltd nor any other party is or will be liable or otherwise responsible for any decision made or any action taken or any action not taken due to your use of any information presented through the App or Digital Content.
This is a binding legal agreement between you and AstraZeneca Pharmaceuticals (Pty) Ltd (“AstraZeneca”) that sets forth the terms under which you may use the AstraZeneca Respiratory Peak Flow Diary mobile application (the “App”).
TERMS AND CONDITIONS
2.1 The "Application" shall mean the software provided by AstraZeneca Pharmaceuticals (Pty) Ltd to offer services related to AstraZeneca's services and its partners' services, to be used on Apple iOS and Android OS devices and any upgrades from time to time and any other software or documentation which enables the use of the Application.
3. Data Protection
4. Proprietary Rights And Licence
4.1All trade marks, copyright, database rights and other intellectual property rights of any nature in the Application together with the underlying software code are owned either directly by AstraZeneca Pharmaceuticals (Pty) Ltd or by AstraZeneca Pharmaceuticals (Pty) Ltd licensors.
4.2 AstraZeneca Pharmaceuticals (Pty) Ltd hereby grants you a worldwide, non-exclusive, royalty-free revocable licence to use the Application for your business and personal use in accordance with these Appterms.
5. Conditions Of Use
5.1 You will not, nor allow third parties on your behalf to (i) make and distribute copies of the Application (ii) attempt to copy, reproduce, alter, modify, reverse engineer, disassemble, decompile, transfer, exchange or translate the Application; or (iii) create derivative works of the Application of any kind whatsoever.
5.2 The Application is currently made available to you free of charge for your personal, non-commercial use. AstraZeneca Pharmaceuticals (Pty) Ltd reserves the right to amend or withdraw the Application, or charge for the application or service provided to you in accordance with these Appterms, at any time and for any reason.
5.3 You acknowledge that the terms of agreement with your respective mobile network provider (Mobile Provider') will continue to apply when using the Application. As a result, you may be charged by the Mobile Provider for access to network connection services for the duration of the connection while accessing the Application or any such third party charges as may arise. You accept responsibility for any such charges that arise.
5.4 If you are not the bill payer for the mobile telephone or handheld device being used to access the Application, you will be assumed to have received permission from the bill payer for using the Application.
6.1 This Application is available to handheld mobile devices running Apple iOS and Android OS Operating Systems. AstraZeneca Pharmaceuticals (Pty) Ltd will use reasonable efforts to make the Application available at all times. However you acknowledge the Application is provided over the internet and mobile networks and so the quality and availability of the Application may be affected by factors outside AstraZeneca Pharmaceuticals (Pty) Ltd reasonable control.
6.2 AstraZeneca Pharmaceuticals (Pty) Ltd its group of companies and sub-contractors do not accept any responsibility whatsoever for unavailability of the Application, or any difficulty or inability to download or access content or any other communication system failure which may result in the Application being unavailable.
6.3 AstraZeneca Pharmaceuticals (Pty) Ltd will not be responsible for any support or maintenance for the Application.
7. System Requirements
7.1 In order to use the Application, you are required to have a compatible mobile telephone or handheld device, internet access, and the necessary minimum specifications ('Software Requirements').
7.2 The Software Requirements are as follows: Apple iOS devices running iOS5 or iOS 6, and Android OS devices running Android OS 2.1 up to OS 2.3; Language: English,
7.3 The version of the Application software may be upgraded from time to time to add support for new functions and services.
8.1 AstraZeneca Pharmaceuticals (Pty) Ltd may terminate use of the Application at any time by giving notice of termination to you.
8.2 Upon any termination, (a) the rights and licenses granted to you herein shall terminate; (b) you must cease all use of the Software;
9. Limitation Of Liability
9.1 In no event will AstraZeneca Pharmaceuticals (Pty) Ltd be liable for any direct, indirect, special, punitive, exemplary or consequential losses or damages of whatsoever kind arising out of your use or access to the Application, including loss of profit or the like whether or not in the contemplation of the parties, whether based on breach of contract, tort (including negligence), product liability or otherwise.
9.2 AstraZeneca Pharmaceuticals (Pty) Ltd is not liable to you for any damage or alteration to your equipment including but not limited to computer equipment, handheld device or mobile telephones as a result of the installation or use of the Application.
10. Disclaimer Of Warranties
To the maximum extent permitted by law, and for the avoidance of doubt, save for the relevant provisions of the Consumer Protection Act, 68 of 2008, as amended, AstraZeneca Pharmaceuticals (Pty) Ltd hereby disclaims all implied warranties with regard to the Application. The Application and software are provided "as is" and "as available" without warranty of any kind.