End User License Agreement

This end user license agreement (this “EULA”) is a legal agreement between HealthBreeze (“HealthBreeze”) and You regarding your installation and use of the HealthBreeze program entitled “HealthBreeze” (the Application”). Please read this EULA. You acknowledge that if You continue to use the Application that You accept the terms of this EULA. If You do not accept the terms, then click “Decline,” do not use the Application, and remove the Application from Your device.

From time to time, we may supplement the EULA with additional terms and conditions pertaining to specific content, activities or events ("Additional Terms"). Such Additional Terms may be placed on the App to be viewed in connection with the specific content, activities, features or events and shall be identified as such. You understand and agree that such Additional Terms are hereby incorporated by reference into these Terms & Conditions.

The Application is designed to operate with the Apple IOS operating system (“Licensed OS”). The Application enables end users to access, review, and use certain data provided to the end user by a connection to an instance to the server. Nothing in this EULA gives You any right or license to any other products of the Application.

1. SCOPE OF LICENSE

a. Subject to Your compliance with the terms of this EULA, HealthBreeze grants to You a non-exclusive, non-transferable, non-sublicensable, revocable, limited license to use the Application on Your device running the Licensed OS solely for the purpose of performing those functions and tasks available to You as an end user of the Application. You may use the Application (1) to connect to a properly-licensed version of the server edition of the application operated by a HealthBreeze customer; 2) on a device owned by You. This EULA is revocable at will, by either party, upon written notice to the other. Your use of the Application is strictly limited as provided in this EULA. No other use of the application is permitted.

b. HealthBreeze reserves all ownership and intellectual property rights in and to the Application. The Application and any updates, upgrades or derivatives works to the Application are, and will remain, the copyrighted work of HealthBreeze. The Application is licensed to You; not sold. This EULA gives You some limited rights to use the Application, and HealthBreeze reserves all other rights.

c. In addition, You acknowledge certain optional features and functionality enabled through the Application may be provided pursuant to a license with a third party licensor. Your use of those features and functionalities may be subject to the terms of a third party license agreement to which You must agree before using such features or functionalities

d. The terms of this EULA will govern any upgrades provided to You by HealthBreeze that replace and/or supplement the Application, unless such upgrade is accompanied by a separate license agreement in which case the terms of the new license will govern, and You agree to promptly install any such upgrade and cease use of the prior version.

2. LICENSE LIMITATIONS

a. You will not: (1) publish, discuss, release, broadcast or otherwise disseminate to any third party, the results of any benchmark or comparison tests run with the Application, without the written permission of HealthBreeze; (2) work around technical limitations in the Application, including any access restrictions; (3) reverse engineer, decompile, or disassemble the Application, except and only to the extent that applicable law expressly permits; 4) incorporate the Application into any other software product; (5) use the Application in any manner that is illegal, unlawful or abusive including, without limitation, to commit or promote any fraud or identity theft, to send or originate any threatening or harassing materials, to initiate or participate in any denial of service or hacking or cracking, to harass, abuse, stalk, threaten, or defame any third party, or to store, sent or receive any content that infringes or misappropriates any intellectual property or other proprietary rights; (6) rent, lease, lend, sell, redistribute, or sublicense the Application to any third party; (7) modify, alter or create any derivative work of the Application; or (8) remove or obscure or alter any copyright notice or other proprietary rights notice (including the HealthBreeze logo) from the Application.

b. If You breach the restrictions of this EULA, You may be subject to prosecution and damages. You acknowledge that HealthBreeze may audit Your use of the Application.

3. COLLECTION OF DATA

You agree that HealthBreeze may collect and use technical data and related information, including but not limited to technical information about Your device, system and application software, and peripherals, that is gathered periodically to facilitate the provision of updates, product support and other services to You (if any) related to the Application. Licensor may use this information, as long as it is in a form that does not personally identify You and/or to improve its products or to provide services or technologies to You.

4. THIRD PARTY SERVICES AND MATERIALS

a. The Application may enable access to third party services and systems (collectively and individually, “Services”). Use of the Services may require internet access and that You accept additional terms of service. Your use of such Services is conditioned upon Your acceptance of such terms.

b. You further understand that by using any of the Services, You may encounter content that may be deemed offensive, indecent, or objectionable, which content may or may not be identified as having explicit language, and that the results of any search or entering of a particular URL may automatically and unintentionally generate links or references to objectionable material. Nevertheless, Your access to and use of the Services is at Your sole risk, and HealthBreeze shall not have any liability to You for such content.

c. In addition, certain Services may display, include or make available content, data, information, applications or materials from third parties or provide links to certain third party websites (“Third Party Materials”). By using the Services, You acknowledge and agree that HealthBreeze is not responsible for examining or evaluating the content, accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect of such Third Party Materials. HealthBreeze does not warrant or endorse and does not assume and will not have any liability or responsibility to You or any other person for any Services, Third Party Materials. Third Party Materials are provided solely as a convenience to You. Neither HealthBreeze, nor any of its content providers, guarantees the availability, accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect of any information or data displayed by any Services.

d. In addition, HealthBreeze makes no representation that such Services or Third Party Materials are appropriate or available for use in any particular location at any particular time. If You choose to access any Services or Third Party Materials, You do so at Your own initiative and are responsible for compliance with any applicable laws, including but not limited to applicable local laws. HealthBreeze reserves the right to change, suspend, remove, or disable access to any Services or Third Party Materials at any time without notice. In no event will HealthBreeze be liable for the removal of or disabling of access to any such Services or Third Party Materials. HealthBreeze may also impose limits on the use of or access to certain Services or Third Party Materials, in any case and without notice or liability.

e. You agree that any Services and Third Party Materials may contain proprietary content, information and material that is protected by applicable intellectual property and other laws, including but not limited to copyright, and that you will not use such proprietary content, information or materials in any way whatsoever except for permitted use of the Services or Third Party Materials. No portion of the Services or Third Party Materials may be reproduced in any form or by any means. You agree not to modify, rent, lease, loan, sell, distribute, or create derivative works based on the Services or Third Party Materials, in any manner, and you shall not exploit the Services or Third Party Materials in any unauthorized way.

f. You acknowledge that Your use of the Application may require an internet connection and that You may incur data charges related to information transmitted (whether sent or received) by Your device while using the Application. You are solely responsible for any such data charges.

5. PASSWORD AND USER SECURITY

If you are a registered user of this Application, you are entirely responsible for maintaining the confidentiality of your password and user account information. You agree to notify us immediately in the event of any known or suspected unauthorized use of your user account, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your or anyone else's password. You are entirely responsible for any and all activities which occur under your user account. You agree to immediately notify us of any unauthorized use of your user account or any other breach of security known to you.

6. DISCLAIMER OF WARRANTY; LIMITATION OF LIABILITY

a. EXCEPT AS OTHERWISE PROVIDED IN THIS SECTION, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE APPLICATION, SERVICES AND THIRD PARTY MATERIALS (AND YOUR RELIANCE ON THE OPERATION, OUTPUT OR RESULTS THEREFROM) ARE LICENSED “AS-IS, WHERE-IS, AS-AVAILABLE,” WITH ALL FAULTS. HEALTHBREEZE AND ITS THIRD PARTY LICENSORS AND DISTRIBUTORS DISCLAIM ALL WARRANTIES AND CONDITIONS, EXPRESS, IMPLIED, OR STATUTORY, ARISING BY LAW OR OTHERWISE, RELATING TO THE APPLICATION, THE SERVICES AND THIRD PARTY MATERIALS, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTY THAT USE OF THE APPLICATION, SERVICES OR THIRD PARTY MATERIALS WILL BE UNINTERRUPTED OR ERROR FREE AND THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY OF THE INFORMATION, SERVICES AND/OR THIRD PARTY MATERIALS, QUIET ENJOYMENT, AND NON-ENFRINGEMENT. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLSION AND LIMITATIONS MAY NOT APPPLY TO YOU. In the event of any failure of the Application to conform to any applicable warranty (whether by operation of law or otherwise), as Your sole and exclusive remedy, You may return the Application and request a refund of the amount You paid for the Application, if any, within 48 hours from the time you downloaded it.

b. If You obtained the Application in the United Kingdom, Asia, the Middle East, or Australia, then this paragraph applies to You and Your use of the Application. HealthBreeze will provide You the Application using reasonable care and skill. HealthBreeze makes no other promises or warranties about the Application, and in particular does not warrant that: (i) Your use of the Application will be uninterrupted or error free, (ii) Your use of the Application will be free from loss, data corruption, malicious third party attack, viruses, hacking or security intrusions, which you agree shall be deemed to be events of Force Majeure, and HealthBreeze disclaims all liability related to them. Except with regard to a Non-Waived, Liability (as defined below), in no case shall HealthBreeze, its directors, officers, employees, affiliates, agents, contractors, or licensors be liable for any loss or damage caused by the Application where: (a) there is no breach of a legal duty of care owed to you by HealthBreeze or by any HealthBreeze employees or agents, (b) the loss or harm is not a reasonably foreseeable result of any breach of (a), any increased damages stem from your breach of any term of this Agreement, or (c) it relates to loss of income, business or profits, or any loss of data or corruption of data connection with your use of the Application. Nothing in this Agreement removes or limits HealthBreeze’s liability for fraud, gross negligence, willful misconduct, or for death or personal injury (each a “:Non-Waived Liability”:).

c. If You obtained the Application in the United States, Canada, Latin America, or the Caribbean, then this paragraph applies to You and to Your use of the Application. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL HEALTHBREEZE OR ITS LICENSORS OR DISTRIBUTORS BE LIABLE FOR PERSONAL INJURY, OR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE APPLICATION, THE SERVICES AND/OR THE THIRD PARTY MATERIALS, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE) AND EVEN IF LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL T O YOU. In no event shall HealthBreeze ‘s or HealthBreeze’s licensors” or distributors’ total, aggregate liability to You for damages exceed the amount of fifty dollars ($50.00). The foregoing limitations will apply even of the above stated remedy fails of its essential purpose.

7. NO-EXPORT: GOVERNMENT USERS

a. You may not use or otherwise export or re-export the Application except as authorized by United States law and the laws of the jurisdiction in which the Licensed Application was obtained. In particular, but without limitation, the Application may not be exported or re-exported (a) into any U. S. embargoed countries or (b) to anyone on the U.S.Treasury Department’s list of Specially Designated Nationals or the U.S. Department of Commerce Denied Person’s List or Entity List. By using the Application, you represent and warrant that you are not located in any such country or on any such list. You also agree that you will not use these products for any purposes prohibited by United States law, including, without limitation, the development, design, manufacture or production of nuclear, missiles, or chemical or biological weapons.

b. The Application and relationed documentation are “Commercial Items”:, as that term is defined at 48 C.F.R. §2.101, consisting of “Commercial Computer Software”: and “:Commercial Computer Software Documentation”:, as such terms are used in 48 C.F.R. §12.212 or 48 C.F.R. §22.7202, as applicable. Consistent with 48 C.F.R. §12.212 or 48 C.F.R. §227.7202-1 through 227.7202-4, as applicable, the Commercial Computer Software and Commercial Computer Software Documentation are being licensed to U.S. Government end users (a) only as Commercial Items and (b) with only those rights as are granted to all other end users pursuant to the terms and conditions herein.

8. INDEMNIFICATION

a. Except as expressly provided in subsection (b) below, You agree to defend, indemnify, and hold HealthBreeze harmless from any claims, damages or liabilities, regardless of the cause, including HealthBreeze’s negligence, arising out of or relating to Your use, operations, installations, configuration, uninstalling and/or reliance upon the results generated, or information transmitted by the Application. To the extent applicable, You will obtain HealthBreeze’s prior written consent to any settlement or judgment in which You agree to any finding of fault of HealthBreeze or defect in the Application. HealthBreeze will promptly notify you in in writing of any claim subject to this indemnification, promptly provide You with the information reasonably required for the defense of the same, and grant to You exclusive control over its defense and settlement.

b. Provided that You have used the Application in accordance with the terms of this EULA and You promptly notify HealthBreeze of any claim against You of the type described below, HealthBreeze will indemnify, defend and hold You harmless from any such claim brought against You to the extent that: (1) it is a claim that the licensed use of the then-current version of the Application infringes any third party’s patent, copyright, or trademark, in each case enforceable in the United States; (2) the claim is based on the use of the Application in the form supplied to You by HealthBreeze; and (3) the claim is not based on the use of the Application in combination with other hardware or software except to the extent the use of the Application alone would constitute an infringement. You will promptly notify HealthBreeze in writing of the claim, promptly provide HealthBreeze with the information reasonable required for the defense of the same, and grant to HealthBreeze exclusive control over its defense and settlement. HealthBreeze may at its sole option and expense: (i) procure the right for You to continue to use the Application; (ii) modify or replace the Application or such portion thereof as HealthBreeze deems appropriate; or (iii) terminate Your license to the Application and refund any fees You paid for us of the Application. This section states the entire liability and obligation of HealthBreeze to You, and Your sole and exclusive remedy, with respect to infringement of any intellectual property rights.

9. STIPULATION OF REASONABILITY

The Application is provided to You free of charge. Because of this, You agree that sections 6,7, and 9 of this EULA are reasonable. You acknowledge that the license granted hereunder would not be free, or available for any amount, if the provisions of sections 6,7 and 9 were not in full force and effect.

10. TERMINATION.

Your rights under this EULA automatically terminate, without notice from HealthBreeze, if You fail to comply with any provision of this EULA. Upon termination of the license, You must stop using the Application and the Services, destroy all copies of the Application, and uninstall it from all Your devices upon which it as installed. At HealthBreeze’s written request, You must certify to HealthBreeze in writing that You have complied with the provisions of this section. The provisions of Sections 2-10, 13, 14 and 15 shall survive any termination or expiration of this EULA.

11. SUPPORT: CONTACT INFORMATION

a. You acknowledge that HealthBreeze does not provide technical support to You or any end user of the Application. Your support, in any, for the use of the Application is provided directly by the HealthBreeze customer that is properly licensed for the corresponding server software to which You connect via the Application.

b. HealthBreeze is located at 904, Beotkkot-ro 254, Geumcheon-gu, Seoul, Korea (153-781). You may contact HealthBreeze with any questions, complaints or claims with respect to the Application at 82-2-866-5930.

12. FEEDBACK

a. HealthBreeze does not claim ownership of any feedback, suggestions for potential changes, ideas, materials or other information You provide or submit to HealthBreeze with respect to the Application (each a “:Submission”: and collectively “:Submissions”:). However, by providing or submitting Your Submission You are granting HealthBreeze, its affiliated companies and necessary sublicensees (including third parties whose products, technologies and services use or interface with any parts of HealthBreeze’s software that include the Submission), without charge, the right to make, have made, use, sell, and share your Submission in any way and for any purpose. You also give to Third parties, without charge, any patent rights needed for their products, technologies and services to use or interface with any specific parts of HealthBreeze ‘s software that include the Submission. You will not give any Submission that is subject to a license that requires HealthBreeze to license its software or documentation to third parties because we include Your Submission in them. You also give HealthBreeze the right to sublicense such rights to any distributor of HealthBreeze’s software. These rights survive this Agreement.

13. APPLICABLE LAW AND VENUE

The laws of the State of Delaware, excluding its conflicts of law rules, govern this EULA, its construction, and Your use of the Application. Any action arising under this EULA shall be brought exclusively in Delaware, and You and HealthBreeze expressly consent to the personal jurisdiction of the state and federal courts located in Delaware for such purposes.

14. SEVERABILITY

If any provision of this EULA is held by a court of binding jurisdiction, to be invalid, illegal, or unenforceable, the reminder of this EULA will remain in full force and effect.

15.ENTIRE AGREEMENT

This EULA sets forth the entire agreement between HealthBreeze and You with regard to the Application. All prior or contemporaneous representations, understandings or agreements are superseded by this EULA. Any modification or amendment of this EULA must be in writing, and signed by both parties.