Updated June 2014
A. Licensee and one or more Boston Scientific entities are currently parties to the LATITUDE License Agreement (the “LATITUDE Agreement”) under which those Boston Scientific entities grant Licensee rights to access and use certain Boston Scientific cardiac devices as part of an integrated system (the “LATITUDE System”).
- License Grant. Boston Scientific grants Licensee a personal, nonexclusive, nontransferable, non-sublicensable license to access and use the Mobile Application through the Mobile Device within the United States for use strictly in accordance within the authorized scope and license to the LATITUDE System as permitted in the LATITUDE Agreement. Licensee acknowledges that it has the sole responsibility for any fees or charges, including data charges, incurred by it in connection with its use of the Mobile Application.
- Patient Care. Licensee acknowledges and agrees that: (i) the Mobile Application is not intended to be used, and will not be used, interventionally during medical emergencies; (ii) the Mobile Application is not a patient health care service, and does not replace in any way the medical judgment of Licensee or its physicians; (iii) the Mobile Application itself (as opposed to data and reports derived therefrom) does not constitute the patient’s legally-defined medical record (electronic or otherwise) or any portion thereof; and (iv) the medical professionals using the Mobile Application (including but not limited to physician Licensees) and their agents are solely responsible for: (a) the degree of care, skill, adequacy, effectiveness and manner of use of the Mobile Application in the care and treatment of patients; (b) complying with any and all laws, regulations and payor requirements relating to medical and health services and the use of the Mobile Application, including with respect to the practice of telemedicine; and (c) the accuracy, completeness and integrity of any data that is manually input into the Mobile Application. Licensee acknowledges that the Mobile Application is not the exclusive method of viewing information from the LATITUDE System. Licensee further acknowledges that Boston Scientific is not, and shall not be deemed to be, a provider of patient health care services by virtue of its provision of access the Mobile Application.
- Security. Licensee is solely responsible for maintaining the confidentiality of its Mobile Application user name and password. Licensee must notify Boston Scientific immediately of any unauthorized use of Licensee’s account information. Boston Scientific is not responsible for any losses arising out of the unauthorized use of Licensee’s account or Mobile Device, and Licensee will indemnify and hold Boston Scientific harmless from and against any losses, damages, claims or liabilities relating to the improper, unauthorized or illegal uses of Licensee’s account.
- Disclaimer. THE MOBILE APPLICATION IS MADE “AS AVAILABLE” AND “AS IS” AND Boston Scientific does not MAKE ANY WARRANTIES WITH RESPECT TO THE MOBILE APPLICATION. BOSTON SCIENTIFIC DOES NOT warrant that Licensee’s use of the MOBILE APPLICATION will be error-free, virus-free, AVAILABLE or uninterrupted OR SUPPORTED. Boston Scientific hereby disclaims all implied warranties, conditions and other terms, whether statutory, arising from course of dealing, or otherwise, including without limitation terms as to quality, merchantability, fitness for a particular purpose, TITLE and non-infringement. The Mobile Application may be subject to limitations, delays, and other problems inherent in the use of the Internet, mobile devices and electronic communications and mail delivery systems. Boston Scientific is not responsible for any delays, delivery failures or other damages resulting from such problems. Boston Scientific reserves the right to do any of the following, at any time, without notice: (1) modify, suspend or terminate operation of or access to the Mobile Application, or any portion thereof; and (2) interrupt the operation of the Mobile Application, or any portion thereof, as necessary to perform routine or non-routine maintenance, error correction, or other changes, or to comply with laws. LICENSEE ACKNOWLEDGES THAT ITS USE OF THE MOBILE APPLICATION DOES NOT RELIEVE LICENSEE FROM USING ITS BEST MEDICAL JUDGMENT TO DETERMINE A PROPER COURSE OF TREATMENT FOR PATIENTS.
- Limitations of Liability. in no event will BOSTON SCIENTIFIC be liable for any indirect, special, punitive, or consequential damages of any kind or nature whatsoever, suffered by LICENSEE or any third party, including, without limitation, lost profits, business interruptions or other economic loss arising, or any use or failure to use the MOBILE APPLICATION. Boston Scientific will not be liable for any damages arising out of or related to the accuracy or completeness of DATA processed through the mobile application OR ANY losses, liabilities or claims incurred or arising in connection with the provision by Licensee or any referring physician or agent of incorrect or misleading DATA or services or the acts or omissions of Licensee, any referring physician, or agent, whether suffered by Licensee or any third-party.