THIS PAGE (TOGETHER WITH THE DOCUMENTS REFERRED TO ON IT) CONTAINS THE TERMS AND CONDITIONS OF USE OF “VisionaryRX” TO BE ACCEPTED BEFORE USING “VisionaryRX”. PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE INSTALLING OR USING ANY SOFTWARE OR SERVICES FROM THIS WEBSITE. YOU SHOULD UNDERSTAND THAT BY INSTALLING OR USING ANY SOFTWARE OR SERVICES FROM THIS WEBSITE, YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS. THESE TERMS AND CONDITIONS CONSTITUTE A LEGAL AND ENFORCEABLE CONTRACT BETWEEN YOU AND BLUE DIESEL DATA SCIENCE. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, ABANDON THE REGISTRATION PROCESS AND DO NOT INSTALL OR USE “VisionaryRX”.
1. USER CONDITIONS
1.1 Your use of the VisionaryRX is governed by these terms and conditions (“User Conditions”) which you should read carefully before using VisionaryRX. These User Conditions represent a binding contract between Blue Diesel Data Science and you. If you do not agree with these User Conditions, please do not install or use VisionaryRX.
1.2 Blue Diesel Data Science may update or amend these User Conditions at any time. Blue Diesel Data Science will communicate such changes to you via bluedieseldata.com web site.
1.3 These User Conditions apply to you regardless of how you have accessed VisionaryRX and regardless of the territory in which you live or conduct business.
2. VISIONARYRX; LIMITED WARRANTY AND LIABILITY
2.1 Although utilizable by experienced and registered users, VisionaryRX is still being developed, tested and evaluated. VisionaryRX has not been released for sale, distribution or any use by the general public.
2.2 VISIONARYRX IS PROVIDED TO YOU “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTY OF MERCHANTABILITY, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE. USE OF VISIONARYRX IS ENTIRELY AT YOUR OWN RISK. SHOULD VISIONARYRX PROVE DEFECTIVE OR INNACURATE, YOU ASSUME THE COST OF ALL NECESSARY MAINTENANCE, PRODUCTION OR REPAIR. IT IS THEREFORE YOUR RESPONSIBILITY TO TAKE ADEQUATE PRECAUTION AGAINST POSSIBLE MISCALCULATIONS OR DAMAGES RESULTING FROM THE USE OF VISIONARYRX. VISIONARYRX SHOULD UNDER NO CIRCUMSTANCES BE USED ON SENSITIVE AND/OR VALUABLE DATA. IF YOU ARE IN ANY DOUBT, PLEASE DO NOT INSTALL AND/OR USE VISIONARYRX.
2.3 TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, BLUE DIESEL DATA SCIENCE WILL NOT BE LIABLE TO YOU FOR ANY DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE VISIONARYRX (INCLUDING BUT NOT LIMITED TO LOSS OF DATA OR DATA BEING RENDERED INACCURATE OR LOSSES SUSTAINED BY YOU OR THIRD PARTIES OR A FAILURE OF VISIONARYRX TO OPERATE WITH ANY OTHER PROGRAMS). IN NO EVENT SHALL BLUE DIESEL DATA SCIENCES’ LIABILITY EXCEED THE PRICE YOU PAID FOR VISIONARYRX, IF APPLICABLE.
2.4 WE EXPRESSLY REPRESENT THAT VISIONARYRX IS NOT A FINAL PRODUCT AND, AS SUCH, MAY CONTAIN VARIOUS ERRORS, DEFECTS AND IT MAY BE UNSTABLE. WE DO NOT RECOMMEND INSTALLING VISIONARYRX DURING FULL OR EVERYDAY OPERATION.
3. NO TECHNICAL SUPPORT
Blue Diesel Data Science will not provide any technical support, maintenance or any other services for VisionaryRX.
4. NO UPDATES
5. COPYRIGHT LICENCE
You will give Blue Diesel Data Science feedback about VisionaryRX consisting of, without limitation, your suggestions, comments or any other feedback, whether it is required or provided on a voluntary basis (“Feedback”). If you provide Blue Diesel Data Science with any Feedback, as part of the testing and evaluation of VisionaryRX, you agree that: (a) Blue Diesel Data Science may freely use, disclose, reproduce, license, distribute and otherwise commercialize the Feedback in any Blue Diesel Data Science product, specification or other documentation; and (b) you will not give Blue Diesel Data Science any Feedback (i) that you have reason to believe is subject to any patent, copyright, or other intellectual property claim or right of any third party; or (ii) that is subject to license terms that seek to require any Blue Diesel Data Science product incorporating or derived from any Feedback, or other Blue Diesel Data Science intellectual property, to be licensed to or otherwise shared with any third party.
8.1 VisionaryRX, any information relating to beta testing progress and results, the Feedback, any product-related information and any other proprietary technology or know-how provided to you in whatever form by Blue Diesel Data Science through the Portal or in connection with testing and evaluation of VisionaryRX is confidential (“Confidential Information”).
8.2 You will keep, and ensure that any and all persons, firms, companies or organizations associated with you keep, all Confidential Information confidential and not disclose it to any person, unless permitted under this clause. This confidentiality obligation does not apply to the disclosure of Confidential Information which: (a) is or comes into public domain, except through breach of the confidentiality obligation under this clause; (b) comes lawfully into your possession from a third party who is not bound by a confidentiality obligation relating to such Confidential Information; (c) is required to be disclosed by any court of competent jurisdiction or any competent judicial, governmental, supervisory or regulatory body, or any law, provided that you will promptly notify Blue Diesel Data Science in writing, or (d) is disclosed by you with Blue Diesel Data Science’ prior written consent.
8.3 UNDER NO CIRCUMSTANCES MAY ANY INFORMATION ABOUT THE TESTING PROGRESS AND/OR RESULTS BE PROVIDED TO PERSONS THAT ARE NOT INVOLVED IN THE BETA TESTING PROCESS. ANY PUBLICATION OF ALPHA/BETA VERSIONS TESTING RESULTS, REVIEWS OR EVALUATIONS IS ONLY PERMITTED WITH THE PRIOR WRITTEN CONSENT OF BLUE DIESEL DATA SCIENCE.
The governing language of these User Conditions is English. Although Blue Diesel Data Science may provide one or more translations for your convenience, the English version shall prevail in the event of any conflict or discrepancy between the English and any other language version of these User Conditions.
10. GOVERNING LAW
These User Conditions will be governed by the laws of the State of Minnesota.
11. DISPUTE RESOLUTION
All disputes arising out of or in connection with these User Conditions shall be finally decided by state or federal courts sitting in the State of Minnesota.
12. ENTIRE AGREEMENT
These User Conditions (together with the documents to which they refer) contain the whole agreement between you and Blue Diesel Data Science relating to the use of The VisionaryRX and supersede all previous agreements between you and Blue Diesel Data Science relating to it. You acknowledge that in agreeing to these User Conditions you have not relied on any representation, warranty or other assurance except those set out on the Blue Diesel Data Science web site.