Definitions
- “Account” means a username and password which allows Users to access the Software and Services.
- “Authorised User” or “Users” or “You” means users of the Services, who are officers and employees of the Licensee and, healthcare staff and students, who are being trained by such officers and employees of the Licensee as part of occupational, professional or educational training;
- "Intellectual Property Rights" means all intellectual property rights wherever in the world, whether registrable or unregistrable, registered or unregistered, including any application or right of application for such rights (and these "intellectual property rights" include copyright and related rights, database rights, confidential information, trade secrets, know-how, business names, trade names, trade marks, service marks, passing off rights, unfair competition rights, patents, petty patents, utility models, semi-conductor topography rights and rights in designs);
- “Licensee” means an institution, organisation or business that has an account to use the Software.
- “Licence Term” means the period of access to the Software that the Licensee has been granted;
- “SimEPR Ltd” means SimEPR Ltd, a company incorporated in England and Wales (registration number 12888434) having its registered office at 70 Turnpike Link, Croydon, CR0 5NY, England;
- “Permitted Purpose” means use by officers and employees of the Licensee, for the purpose of the medical education and training of healthcare staff, and students training for healthcare roles, such as medical students, pharmacy students and nursing students;
- “Services” means your use of SimEPR products, software, services and web sites and is subject to the terms of a legal agreement between you and SimEPR Ltd. This document explains how the agreement is made up, and sets out some of the terms of that agreement.
- “Site” means SimEPR Ltd products and services located on SimEPR web sites and servers, including but not limited to simepr.com, www.app.simepr.com.
- "Software" means the software known as SimEPR, the electronic patient record system for simulation training of healthcare staff and medical students (app.simepr.com);
- "Terms" means these Terms of Use, which form a legally binding agreement between you and SimEPR Ltd in relation to your use of the Services;
- “Unauthorised Users” means any individual or corporate or non-corporate body who is not an Authorised User.
Terms
- These Terms govern access to and use of the Services. By using our Services, you are irrevocably agreeing to be bound by these Terms of Use and all applicable laws and regulations.
- You can accept these Terms by:
- clicking to accept or agree to the terms, where this option is made available to you;
- by using the Services. In this case, you understand and agree that SimEPR Ltd will treat your use of the Services as acceptance of the Terms from that point onwards.
Supply of Software
- Subject to the Terms and the payment of the licence fee by the Licensee, SimEPR grants You a non-exclusive licence (the “Licence”) to run and use the Software during the Licence Term.
Limitations on use
- You must not:
- assign, sell, resell, rent, lease, loan, supply, publish, distribute or redistribute or otherwise deal in or encumber the Software;
- alter, edit or adapt the Software;
- decompile, de-obfuscate or reverse engineer, or attempt to decompile, de-obfuscate or reverse engineer, the Software;
- copy or rebuild the Software;
- provide login access details for the Software to Unauthorised Users;
- use or permit the use of the Software other than for the Permitted Purpose.
No assignment of Intellectual Property Rights
- Nothing in these Terms shall operate to assign or transfer any Intellectual Property Rights in relation to the Software from SimEPR Ltd to You or the Licensee.
User contributions
- The Software includes a function that allows Users to create clinical scenarios for the Permitted Purpose.
- You agree to ensure that any training materials created or uploaded on the Software comply with copyright, intellectual property and patient confidentiality laws.
- SimEPR Ltd shall have no liability or obligation to the Licensee or You in respect of any claim made against the Licensee or You for breach of copyright, the infringement of Intellectual Property Rights or patient confidentiality where such claim relates to the Users’ creation of clinical scenarios.
Account security
- You are responsible for keeping your Account secure while you use our Service. The content of your Account, its password and its security are up to you.
- You will prompty notify SimEPR Ltd by contacting us at support@simepr.com if you become aware of any Unauthorised Users of, or unauthorised access to, our Service through your Account, including any unauthorised use of your password or Account.
Limitation of liability
- To the fullest extent permitted by applicable law, You agree that SimEPR Ltd shall not be liable for any of the following:
- consequential, indirect or special losses;
- loss or corruption of data;
- loss or corruption of software or systems;
- loss or damage to equipment;
- loss of use;
- loss of contract;
- loss of commercial opportunity;
- loss of savings, discount or rebate; and/or
- harm to reputation or loss of goodwill.
- Notwithstanding any other provision of these Terms, SimEPR Ltd’s liability shall not be limited in any way in respect of the following:
- death or personal injury caused by negligence;
- fraud or fraudulent misrepresentation; or
- any other losses which cannot be excluded or limited by law.
Termination
- For the avoidance of doubt, the Licence of the Software in these Terms shall terminate upon the termination of the Licence Term.
- Unless the Licence is renewed, the Licensee and Users must immediately cease to use the Software upon the termination of the Licence Term
- Within 14 days following the termination of the Licence Term, You shall:
- cease to have login access to the Software; and
- irrevocably delete from all computer systems in its possession or control all copies of the Software.
General
- These Terms shall be governed by and construed in accordance with the law of England and Wales.
