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JAMES KEMPEMA (“KEMPEMA”) SHALL GRANT ACCESS TO THIS SOFTWARE ONLY TO THOSE PARTIES ACCEPTING ALL THE TERMS AND CONDITIONS SET FORTH IN THIS TERMS OF USE AND LICENSE AGREEMENT (THIS “LICENSE AGREEMENT”). IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, KEMPEMA DOES NOT LICENSE AND GRANT ACCESS TO THE SOFTWARE TO YOU, AND YOU MUST TAP ON THE “CANCEL” BUTTON TO DISCONTINUE ACCESS. “SOFTWARE” AS USED HEREIN SHALL MEAN THE SOFTWARE, INCLUDING, WITHOUT LIMITATION, ITS ASSOCIATED SOURCE CODE, OBJECT CODE AND MEDIA, OWNED AND/OR DISTRIBUTED BY KEMPEMA TO WHICH YOU ARE SEEKING ACCESS, REGARDLESS OF THE DEVICE HOSTING SUCH SOFTWARE. “YOU” AND “YOUR” AS USED HEREIN SHALL REFER TO THE PARTY SEEKING TO USE THE SOFTWARE, WHICH SHALL BE EITHER (A) A BUSINESS ENTITY (AND ITS AUTHORIZED REPRESENTATIVES) OR (B) AN INDIVIDUAL, AS THE CASE MAY BE; PROVIDED THAT SUCH IS AT LEAST 18 YEARS OF AGE OR OTHERWISE HAS THE REQUISITE CAPACITY TO CONTRACT UNDER APPLICABLE LAW. IF AN INDIVIDUAL SEEKING TO USE THE SOFTWARE IS NOT AT LEAST 18 YEARS OF AGE OR DOES NOT OTHERWISE HAVE THE REQUISITE CAPACITY TO CONTRACT UNDER APPLICABLE LAW, “YOU” AND “YOUR” SHALL REFER TO SUCH INDIVIDUAL’S PARENT, LEGAL GUARDIAN, OR OTHER ADULT RESPONSIBLE FOR SUCH INDIVIDUAL ON SUCH INDIVIDUAL’S BEHALF.

1. License: The Software is licensed only, not sold. Subject to the terms and conditions set forth herein, Kempema grants you, and you hereby accept from Kempema, a limited, revocable, personal, non-exclusive, non-transferable, non-sublicensable license to access and use the object code version of the Software for the Terms solely for your own internal, lawful business purposes or personal use, as the case may be. Kempema may, from time to time, provide you with updates or revisions to the Software, but is not obligated to do so under this License Agreement. The terms of this License Agreement shall govern any updates or revisions to software provided by Kempema which is not subject to a separate license agreement.

2. Owernership: Kempema owns all right, title and interest in and to the software, including without limitation all patent, trademark, copyright, trade secret, moral rights, and other intellectual property rights (collectively, “Intellectual Property”) and reserves all rights not expressly granted pursuant to the license hereunder. This License Agreement does not convey to you an interest in or to the Software, but only a limited, revocable right to use the Software in accordance with the terms of this License Agreement. You agree that any modifications or enhancement to the Software, or derivative works based upon the Software, developed by or on behalf of you with or without advice or support by Kempema, by Kempema for you, or by or on behalf of any other party shall be the exclusive property of Kempema. In the event that, by operation of law or otherwise, any right, title or interest in or to the Software or any such enhancements, modifications, or derivative works of the Software vests in you or any of your employees, officers, directors agents, or other representatives (collectively, “Representatives”), you hereby irrevocably, unconditionally, and without encumbrance of any kind assign to Kempema, and forever waive and agree never to assert, and shall cause all such Representatives to irrevocably, unconditionally, and without encumbrance of any kind assign to Kempema and forever waive and agree never to assert, all such right, title, and interest. In addition, you shall, and shall cause all such Representatives, to execute all documents, and undertake all other activities, reasonably required by Kempema to vest all such right, title, and interest in Kempema. You acknowledge and agree that each and every such Representative who accesses or uses the Software, or to whom any Software is disclosed or provided, as required in the performance of their duties and obligations to you or the exercise of your rights hereunder, shall, prior to such access, use, disclosure, or provision, exectue a written agreement with you that imposes on such Representative obligations and use restrictions with respect to Software that are substantially similar to those imposed on you hereunder and wherein each such Representative irrevocably and unconditionally assigns to you and forever waives and agrees never to assert any and all right, title, and interest, including, but not limited to, Intellectual Property rights, in and to all subject matter conceived, created, or developed by such Representatives and arising out of or related to such Representative’s use of, access to, or knowledge of the Software, as the case may be.

3. Restrictions on Use. You understand that your use of the Software, and the license granted hereunder, is conditional. You agree that you:

 Will not copy, rent, lease, lend, sell, redistribute, sublicense or assign the Software;

 Will not use the Software for any illegal or unauthorized purposes or beyond the scope of the Software’s expected use;

 Will not interfere with operation of the Software or with any other person’s use of the Software;

 Will not gain unauthorized access to the Software or share any user accounts with others;

 Are solely responsible for your conduct and any data of any type submitted to or through the Software;

 Will not alter, modify, adapt, reverse engineer, decompile, disassemble or hack the Software, or create derivative works from the Software;

 Will not merge the Software with other software;

 Will not resell, sell, provide for service bureau use, or otherwise transfer the Software to any third party;

 Will not reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code for the Software;

 Will not remove or alter any copyright notices or other notices included in the Software;

 Will not alter or modify another website so as to falsely imply that it is associated with Kempema;

 Will use the Software in accordance with all applicable laws and agree that this Agreement is void where prohibited;

 Will not knowingly or intentionally impose an unreasonable burden on the Software or any network;

 Will not breach, or attempt to breach, the security of the Software;

 Will not use the Software or export the Software in violation of U.S. export laws and regulations;

 Will not solicit any activity, unlawful or otherwise, that infringes Kempema’s rights or the rights of any other party; and

 Will not enable others to violate any of these terms of use.

4. Term; Termination: This License Agreement shall take effect upon your use of the Software and shall continue until terminated as provided herein or by mutal agreement of the parties (“Term”). Without prejudice to any other rights of Kempema, this License Agreement shall terminate immediately if you violate or contravene any of the terms of this License Agreement. In the event of any such termination, you must immediately cease all access and use, and promptly destroy or delete the original and all copies of, the Software, and, not later than five (5) business days after such termination takes effect, you shall certify in writing to Kempema that such destruction has been completed. The provisions of Sections 2, 3, 4, 5 and 6 shall survive any termination or expiration of this License Agreement.

5. Limitation of Liability: EXCEPT TO THE EXTENT, IF ANY, NOT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL ANY CONTENT CONTRIBUTORS (COLLECTIVELY, “AUTHOR”) AND / OR KEMPEMA (THE “DEVELOPER”) BE LIABLE TO ANY PARTY FOR DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, ARISING OUT OF THE USE OF THIS SOFTWARE AND ITS DOCUMENTATION, EVEN IF THE AUTHOR AND/OR DEVELOPER HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. YOU FURTHER AGREE THAT, NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, THE DEVELOPER’S LIABILITY TO ME FOR ANY CAUSE WHATSOEVER, REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY ME TO THE DEVELOPER FOR THE APPLICATION.

6. Warranty: THE AUTHOR AND DEVELOPER SPECIFICALLY DISCLAIM ANY WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE SOFTWARE PROVIDED HEREUNDER IS ON AN ‘AS IS’ BASIS, AND THE AUTHOR AND DEVELOPER HAVE NO OBLIGATIONS TO PROVIDE MAINTENANCE, SUPPORT, UPDATES, ENHANCEMENTS, OR MODIFICATIONS.

7. Use for Medical Purposes: The Software content is not meant to be a substitute for professional advice and is not to be used for medical diagnosis and / or medical treatment. Medicine is an ever-changing science. As new research and clinical experience broaden out knowledge, changes in treatment and drug therapy are required. In view of the possibility of human error or changes in medical sciences, neither the Author nor the Developer warrant that the information contained in this software is in every respect accurate or complete, and they are not responsible for any errors or omissions or the results obtained from the use of such information. Reasonable effort has been exerted to make this software accurate. However, the accuracy and completeness of the information provided by this software cannot be guaranteed. This software is to be used as a guide only, and health care professionals should use sound clinical judgement and individualize therapy to each specific patient care situation. The Author the Developer make no warranties or claims whatsoever, expressed or implied, about the authenticity, accuracy, reliability, completeness or timeliness of the material, calculations, software, text, graphics and links given. In particular:

 You agree not to use any content displayed by the Software for the purpose of patient care unless you are properly trained to do so and hold all certifications and/or licenses as required by law or regulation.

 You agree to maintain up-to-date knowledge of current treatment protocols, independent of the Software, and that the responsibility for knowing the appropriate treatment protocols lies solely with me.

 You understand that the Software is intended exclusively as a reference for medical treatment and is not meant to guide or direct the treatment of patients and that it is your responsibility to have personal knowledge and understanding of and the appropriate training in the most recent treatment literature.

 You will use your reasonable judgement when providing treatment to patients and will not follow any information provided by the content by the Software that you believe to be erroneous or dangerous.

 You understand that although the Software may be used as a reference during the course of patient care, it may fail or crash at a critical moment or contain errors in content or functionality that have not yet been discovered or not yet addressed. You therefore agree to not rely upon the Software as the only source of reference when treating patients, and will have readily accessible other sources for reference as necessary to provide proper patient care in the event the Software fails or has incorrect information.

 You agree to indemnify, defend, protect, save, and hold harmless the Author and the Developer from any liabilities, claims, demands, suits, judgements, damages, and losses (including all costs, fees, and expenses in connection therewith or incident thereto), made by any third party due to or arising out of your use of the Software, including, without limitation, those for death of, or injury or harm to, any person whomsoever, and for loss of, damage to, or destruction of any property whatsoever, including any loss of use thereof.

8. Modification to Terms of Service. You agree that this License Agreement may change with each version of the Software, and in-between version releases, and that you must use the Software with internet access in order to receive automated notice of these updates. You understand that failure to regularly update the Software, failure to regularly use the Software or failure to regularly use the Software with internet connectivity may result in lack of automated notification of the updated License Agreement, and you agree to be bound by the new License Agree as posted at https://www.pedi-stat.com/ regardless of whether or not you have received notice of any changes to this License Agreement.

9. Severability. If any provision or provisions of this License Agreement shall be held to be invalid, illegal, unenforceable or in conflict with the law of any jurisdiction, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired thereby.

10. Venue. You agree that any civil action brought under this License Agreement, arising from your use of the Software, or arising from the use of the Software on your device by any third parties with or without your knowledge or consent shall be filed in the courts of the Travis County, State of Texas, and you further agree that venue shall be proper in the Travis County, State of Texas.

11. Governing Law. You agree that this Terms of Service agreement shall be governed by the laws of the State of Texas, without regard to its conflict of laws provisions.