End User License Agreement for the use of the KME System
(Short edition)
By using the KME System, you (the Licensee) agree to
the terms of the End User License Agreement of the KME System, both in short
and full edition ("Agreement", link). This Agreement contains warranty and other
provisions limiting CME Swiss AG's liability to you (the Licensee). By using
KME, you acknowledge and agree that you have read and understood this
Agreement. The terms, information and disclaimer set forth in this Agreement
are fair and reasonable, and your agreement to follow and be bound by this
Agreement is voluntary. This Agreement will be accepted if you select the
"I Accept", "OK" or "Yes" button or box below.
If you do not agree with the terms of this Agreement,
do not further use KME or the services of CME Swiss AG.
1. GRANT OF LICENSE.
The KME System is licensed, not
sold. This agreement grants you and you are only a non-exclusive, limited,
non-transferable, non-sublicense, revocable license to use KME for your
personal or business purposes in accordance with the terms and conditions set
forth herein.
2. RESTRICTIONS ON THE USE OF KME.
The use of KME is
permitted only in accordance with the terms of clause 1 of this Agreement.
3. LICENSE FEE.
You (the Licensee), in order to use
KME, are obliged to pay the license fee, as defined in the payment
documentation and / or the Activation Agreement.
4. MAINTENANCE AND SUPPORT.
By accepting this
Agreement, you agree that your system will receive updates and services for KME
over the Internet and will not be used by CME Swiss AG for anything other than
transferring and receiving updates of CME Swiss AG signature files during
license verification.
If your KME product receives an update, this update
replaces and / or supplements the product that served as the basis for
activating your right to updates in accordance with the terms of clause 4 of
the Agreement.
You are eligible to receive technical support during
the term of the CME Swiss AG license for KME, which may include chat with a
technical support consultant and/or assistance of a technical support
consultant via remote access to the device in accordance with the terms of
clause 4. of the Agreement.
5. COPYRIGHT.
All rights to the Product and its
updates belong to CME Swiss AG and are protected by copyright laws and
international treaties.
6. TERMINATION.
Your right to use a CME Swiss AG
product (License) expires when the License Term ends or if you violate any of the
terms and conditions of this Agreement.
Upon any termination or expiration of this Agreement,
you must cease using KME and return all KME components (sensor electrode,
ERI-qlife software and / or laptop) if they were provided under a limited
rental or testing from CME Swiss AG. In addition, if KME was provided to you on
a lease or test basis, KME is not transferable by inheritance or related rights
and precedents.
CME Swiss AG reserves the right to unilaterally
terminate the use of KME by the Licensee in the event of gross violations of
this Agreement and/or in the absence of a response from the Licensee to these
violations.
You are not entitled to a refund of any funds from CME
Swiss AG or any resellers of CME Swiss AG for KME in the event of termination
of the Agreement.
7. LIMITED WARRANTY.
The Product is guaranteed for 2
years from the date of account activation.
If the Product is rented, the warranty period for the
Product lasts as long as the licensee pays its monthly rent.
The Licensor guarantees that the Product performs the
functions described in the operational documentation during the warranty
period. Defects declared by the Licensee during the warranty period in
accordance with this Agreement and / or the Activation Agreement are eliminated
at the discretion of the licensor by repair or replacement.
DISCLAIMER:
CME Swiss AG DISCLAIMS ALL OTHER
WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE KME SYSTEM, WITHOUT
LIMITATION EXCEPT AS EXPRESSLY STATED IN THIS AGREEMENT. THIS APPLIES TO:
IMPLIED WARRANTIES OF MERCHANTABILITY; IMPLIED TERMS AND PERIODS OF INVESTMENT
RETURNS; DAMAGES FOR LOSS OF POSITION, STOPPING OF WORK; LOSS OF SOFTWARE OR
LOSS OF DATA; ACCURACY OF DATA; ACCURACY OF INFORMATION CONTENT; NOT A
VIOLATION OF THE RIGHTS OF THIRD PARTIES; DOCUMENTS IDENTIFIED BY LEGAL OR
CUSTOMS PRACTICE; COMMERCIAL USE KME.
8. The use of the KME system and the ERI-Qlife
application does not replace clinical, laboratory or other medical
examinations. The processes and conditions specified in the analysis results of
the ERI-Qlife app do not constitute a basis for the definition of a disease or
a diagnosis. For professional help, you need to see a specialist doctor.
9. TECHNOLOGY OF DATA COLLECTION.
By accepting this
Agreement, you agree that in order to conclude an activation agreement, create
a user account and use the KME program, you may have to provide CME Swiss AG
with certain personal data. CME Swiss AG claims that
it will process your personal data exactly in accordance with applicable
legislation (GDPR EU) and in accordance with the Privacy Policy.
By using KME, you acknowledge and agree that CME Swiss
AG may collect, disclose, store, and analyze statistical data as anonymous
information for the purposes specified in clause 9 of the Agreement.
10. REQUIREMENTS FOR INFORMATION RESOURCES OF THE
LICENSEE ABOUT KME. When creating sites, pages on social networks (Facebook,
Twitter, Telegram, Instagram, TikTok, etc.) or other information resources and
/ or printed (advertising) products that mention KME, you (the Licensee) can
only use the information which corresponds to the information posted on the
websites of CME Swiss AG. In English: https://en.cmeswissag.com, https://en.kmedex.eu
For any information that does not comply with the
first paragraph of clause 10 of the Agreement and posted on / in the
information resources of the Licensee, CME Swiss AG is not responsible. In
addition, distorted information about KME posted on the information resources
of the Licensee and not complying with clause 10 of the Agreement may be
considered as misleading the end user (client of the Licensee) and subject to
legal liability in accordance with the Laws of Switzerland.
Contact CME Swiss AG:
Dorfstrasse 28, 9248 Bichwil, SG, Schweiz
Tel.:
+41 71920 03 00,
e-mail: info@cmeswiss.com