PsySTART® Triage Systems
Merritt Schreiber, PhD

End User License Agreement and Non-Disclosure Confidentiality Agreement

IMPORTANT: PLEASE READ THIS END USER LICENSE AGREEMENT AND PRIVACY POLICY ("EULA") CAREFULLY. THE EULA IS BETWEEN YOU ("You" or "Your") and Merritt D. Schreiber, Ph.D. "We" or "Us" or "Our").

To use the PsySTART® System and Application (“the Application”), You must accept the terms of this EULA.

License and RestrictionsLicense and Restrictions

We grant you a limited, non-exclusive, non-sub licensable, non-transferable License to use the Application, solely for Your personal non-commercial use in accordance with the instructions and documentation set forth in this EULA or elsewhere in any portions of the Application (collectively, the "Documentation"). This License shall be valid for one year from the date of Your signature on this EULA and is renewable yearly on the anniversary date, which shall be the date this EULA is first signed by You. Unless expressly set forth in this EULA, You may not: (a) modify, translate or create derivative works of the Application or the Documentation (including but not limited to training materials and wallet reminder cards); (b) decompile, reverse engineer or reverse assemble any portion of the Application, or attempt to discover any source code or underlying ideas or algorithms of the Application; (c) sell, assign, sublicense, rent, lease, loan, provide, disclose or distribute or otherwise transfer all or any portion of the System Application or the Documentation; (d) make, have made, reproduce or copy the System Design, Application or the Documentation, except for the purpose of hosting the Application on an approved server of number of servers as approved by Us; (e) remove or alter any trademark, logo, copyright or other proprietary notices associated with the System, Application or the Documentation, or otherwise make available the System or Application to anyone in any format without the express consent of Merritt Schreiber, which consent, if given, shall require You to reproduce all proprietary notices; (f) cause any other party to do any of the foregoing as set forth in (a) through (e); or (g) engage in any conduct that, directly or indirectly, violates the terms of this EULA or has a harmful impact on the System and/or Application, including competing with the System and/or Application.

Use of the PsySTART® System and Application

We reserve the right to terminate this License and Your use of the Application at any time, with or without any reason. The Application is provided solely for informational purposes and reliance on the Application is purely at Your own risk. We does not warrant the accuracy or completeness of the content contained in the Application. You will be solely responsible for Your use of and reliance on the content contained in the Application, its fitness for any purpose for which you have obtained the License, and for all decisions or actions resulting from Your use of the Application. The Application is not a substitute for the medical judgment of a physician or other licensed health care professional. The Application is not intended to replace or overrule the judgment or diagnosis of a physician or licensed mental health care professional and must not be used as the basis for making any diagnosis or treatment recommendation. If We are made aware of any such unintended use. We will immediately revoke and terminate the License

Disclaimer: The content of this application is intended only for use as an information tool. It is not, is not intended to be and should not be used in any way as a substitute for professional medical or psychological advice or training. The accuracy of the information is not guaranteed. The user acknowledges in using this application the information is not meant to diagnose a health condition or disease and is not meant to develop an individual health treatment plan. If there is an emergency or life-threatening situation, seek medical assistance immediately and dial 911.

Ownership

The Application and the Documentation, including all images, photographs, animations, text and other audiovisual materials, and any and all patents, copyrights, moral rights, trademarks, trade secrets and any other form of intellectual property rights recognized in any jurisdiction, including applications and registrations for any of the foregoing embodied therein are owned by Us or Our licensors. The Application and the Documentation are licensed, and not sold, to You for use only under the terms of this EULA. We reserve all rights not expressly granted to You. You will not use publicly for publicity, promotion, or otherwise, any logo, name, trade name, service mark, or trademark belonging to Us or Our affiliates or licensors, including, but not limited to the terms “PsySTART®," "Anticipate. Plan. DeterTM", Listen. Protect.Connect®” Psychological First Aid System and the PsySTART® logo, or any simulation, abbreviation, or adaptation of the same, or the name of any PsySTART® employee or agent, without Our prior, written, express consent. To the extent We permit your use of this License in such a way that the Application is combined with any other material, matter, information, documentation, program, computer code, system, or operation, the intellectual property rights and other rights expressly reserved herein to Us shall remain at all times, notwithstanding whatever end product may be created by the combination of Our intellectual property with any other material. As such, you agree that upon termination of this EULA, any property of any kind belonging to Us must be entirely and completely removed, dismantled, taken from, engineered out of and decompiled from any product. If the Application cannot be removed from any product that results from the combination of the Application and the product, You agree to provide the product, including all code and documentation to Us so that it may be destroyed in order to protect Our rights. We shall have the sole discretion to determine whether to destroy the product or to use Our Application to develop it further.

Term and Termination

The effective date of this EULA is the date on which you sign the "I ACCEPT" line and return this document. This EULA is effective for one year from the effective date or until terminated. You may terminate this EULA at any time by notifying Us at psystartoperations@gmail.com. This EULA will terminate immediately without notice from Us if you fail to comply with any provision of this EULA. Subject to the additional terms outlined above, upon termination you must delete the PsySTART® System linkages or Application from your device (if applicable) and Your access to the PsySTART System and/or Application will be revoked.The effective date of this EULA is the date on which you sign the "I ACCEPT" line and return this document. This EULA is effective for one year from the effective date or until terminated. You may terminate this EULA at any time by notifying Us at psystartoperations@gmail.com. This EULA will terminate immediately without notice from Us if you fail to comply with any provision of this EULA. Subject to the additional terms outlined above, upon termination you must delete the PsySTART® System linkages or Application from your device (if applicable) and Your access to the PsySTART System and/or Application will be revoked.

DISCLAIMER OF WARRANTIES

THE APPLICATION IS PROVIDED TO YOU ON AN "AS IS" OR "AS AVAILABLE" BASIS WITHOUT ANY REPRESENTATIONS, WARRANTIES, COVENANTS OR CONDITIONS OF ANY KIND. WE AND OUR SUPPLIERS DO NOT WARRANT THAT ANY OF THE APPLICATION WILL BE FREE FROM ALL BUGS, ERRORS, OR OMISSIONS. WE AND OUR SUPPLIERS DISCLAIM ANY AND ALL OTHER WARRANTIES AND REPRESENTATIONS (EXPRESS OR IMPLIED, ORAL OR WRITTEN) WITH RESPECT TO THE APPLICATION WHETHER ALLEGED TO ARISE BY OPERATION OF LAW, BY REASON OF CUSTOM OR USAGE IN THE TRADE, BY COURSE OF DEALING OR OTHERWISE, INCLUDING ANY AND ALL (A) WARRANTIES OF MERCHANTABILITY, (B) WARRANTIES OF FITNESS OR SUITABILITY FOR ANY PURPOSE (WHETHER OR NOT WE KNOW, HAVE REASON TO KNOW, HAVE BEEN ADVISED, OR ARE OTHERWISE AWARE OF ANY SUCH PURPOSE), AND (C) WARRANTIES OF NONINFRINGEMENT OR CONDITION OF TITLE, (D) WARRANTIES THAT THE APPLICATION WILL OPERATE WITHOUT INTERRUPTION OR ERROR. YOU ACKNOWLEDGE AND AGREE THAT YOU HAVE RELIED ON NO WARRANTIES. THIS DISCLAIMER AND EXCLUSION WILL APPLY EVEN IF THE EXPRESS WARRANTY SET FORTHABOVE FAILS OF ITS ESSENTIAL PURPOSE.

LIMITATION OF LIABILITY

IN NO EVENT WILL WE BE LIABLE TO YOU OR ANY OTHER PARTY FOR ANY LOSS OF PROFITS, LOSS OF USE, LOSS OF REVENUE, LOSS OF GOODWILL, ANY BODILY OR MENTAL INJURY, INTERRUPTION OF BUSINESS, OR FOR ANY INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO, PHYSICAL LOSSES, MENTAL LOSSES OR ANY FINANCIAL LOSSES) ARISING OUT OF OR IN CONNECTION WITH THE APPLICATION, OR YOUR USE OF THE APPLICATION, REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OR ARE OTHERWISE AWARE OF THE POSSIBILITY OF SUCH DAMAGES. OUR TOTAL CUMULATIVE LIABILITY (INCLUDING, BUT NOT LIMITED TO, ANY LIABILITY WITH RESPECT TO ANY LOSS OF PROFITS, LOSS OF USE, LOSS OF REVENUE, LOSS OF GOODWILL, ANY BODILY OR MENTAL INJURY, INTERRUPTION OF BUSINESS, OR FOR ANY INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY KIND [INCLUDING, BUT NOT LIMITED TO, PHYSICAL LOSSES, MENTAL LOSSES OR ANY FINANCIAL LOSSES] ARISING OUT OF OR IN CONNECTION WITH THE APPLICATION OR YOUR USE OF THE APPLICATION, TO YOU OR ANY THIRD PARTY, WHETHER IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE) WILL NOT EXCEED THE AMOUNT PAID BY YOU TO US. MULTIPLE CLAIMS WILL NOT EXPAND THIS LIMITATION. CERTAIN LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.IN NO EVENT WILL WE BE LIABLE TO YOU OR ANY OTHER PARTY FOR ANY LOSS OF PROFITS, LOSS OF USE, LOSS OF REVENUE, LOSS OF GOODWILL, ANY BODILY OR MENTAL INJURY, INTERRUPTION OF BUSINESS, OR FOR ANY INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO, PHYSICAL LOSSES, MENTAL LOSSES OR ANY FINANCIAL LOSSES) ARISING OUT OF OR IN CONNECTION WITH THE APPLICATION, OR YOUR USE OF THE APPLICATION, REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OR ARE OTHERWISE AWARE OF THE POSSIBILITY OF SUCH DAMAGES. OUR TOTAL CUMULATIVE LIABILITY (INCLUDING, BUT NOT LIMITED TO, ANY LIABILITY WITH RESPECT TO ANY LOSS OF PROFITS, LOSS OF USE, LOSS OF REVENUE, LOSS OF GOODWILL, ANY BODILY OR MENTAL INJURY, INTERRUPTION OF BUSINESS, OR FOR ANY INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY KIND [INCLUDING, BUT NOT LIMITED TO, PHYSICAL LOSSES, MENTAL LOSSES OR ANY FINANCIAL LOSSES] ARISING OUT OF OR IN CONNECTION WITH THE APPLICATION OR YOUR USE OF THE APPLICATION, TO YOU OR ANY THIRD PARTY, WHETHER IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE) WILL NOT EXCEED THE AMOUNT PAID BY YOU TO US. MULTIPLE CLAIMS WILL NOT EXPAND THIS LIMITATION. CERTAIN LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

Disclaimer of Tort Liability

The foregoing remedies are exclusive, and you waive and release Us from all other warranties, obligations, and liabilities and all other remedies, claims, and rights that You may have relating in any way to the Application or otherwise covered by the terms of this EULA, whether arising from contract, warranty, strict liability or tort or from Our negligence.

Entire Agreement

This EULA constitutes the entire agreement between the parties and supersedes any and all prior proposals, agreements or communications, written or oral, of the parties with respect to the subject matter hereof.

No Modification or Assignment

This EULA may not be modified, altered or amended, except by written instrument executed by both parties. You may not assign or otherwise transfer this EULA to anyone.

Jurisdiction/Forum for Disputes

All disputes arising from or relating to this EULA will be within the exclusive jurisdiction of the state and/or federal courts located within California, without regard to choice of law, and the parties hereby consent to such exclusive jurisdiction and waive objections to venue therein. The parties hereby disclaim the application of the 1980 U.N. Convention on Contracts for the International Sale of Goods.

Savings Clause

If any provision of this EULA is found invalid or unenforceable by an arbitrator or a court of competent jurisdiction, the remaining portions will remain in full force and effect, and any portion deemed to be invalid will be the smallest and most limited provision such as will allow the remainder of the EULA to be enforced to the maximum extent permitted by law to effectuate the purpose of this EULA. If you use any third-party services that are accessed through or embedded in this application, your use of those services will be governed by the terms of use of those services.

Privacy Policy

Your privacy is important to us. Below is our Privacy Policy describing what information is collected by this application and the manner in which it is used.
Each time the PsySTART® systems are accessed, it will automatically collect the following information:
(1) Information about the device you are using, including the operating system version, browser type, browser version, and device model;
(2) Information about the applications such as the application version;
(3) Diagnostic information about the application, including any application errors or crashes; and
(4) Log information about your session, such as the date, time and duration of your session, and the pages and areas of the application you have used.

How We Use and Disclose the Information We Collect

The data collected by this Application is transmitted to PsySTART Systems and securely stored on PsySTART’s servers in the United States. We will not share this information with any third party in identifiable form. We may disclose aggregate and de-identified data collected during your use of the application for research, educational, and product development purposes, and in connection if used for publications, with the approval of end user representatives. The de- identified information is not used to identify or contact you.
By signing on the “I accept” line below, you acknowledge that you agree to be bound by the terms of the EULA. If you do not agree to these terms, you are not permitted to use the PsySTART systems and/or application (the “system”, phone applications or training materials).