PLEASE READ THIS SOFTWARE LICENSE AGREEMENT ("LICENSE") CAREFULLY BEFORE USING ANY ANSELL® INTELIFORZ™ SOFTWARE. BY DOWNLOADING, INSTALLING OR USING ANY ANSELL INTELIFORZ™ SOFTWARE, YOU ACCEPT AND AGREE TO BE BOUND BY THE TERMS OF THIS LICENSE. IF YOU DO NOT AGREE TO THE TERMS OF THIS LICENSE, DO NOT DOWNLOAD, INSTALL AND/OR USE ANY ANSELL® INTELIFORZ™ SOFTWARE.
IMPORTANT: IN THE EVENT OF A MEDICAL EMERGENCY, PLEASE CALL EMERGENCY SERVICES. No Ansell product is designed or intended for use in the diagnosis or treatment of disease or other conditions. Specifically, Inteliforz™ products will not prevent a disease or other condition from developing, and the recommendations provided by the Ansell® Inteliforz™ Software do not constitute medical advice. Please consult your healthcare provider prior to making any decisions related to your health.
1. General.
A. The Ansell Inteliforz™ Software, third party software, documentation, interfaces, content, fonts and any data whether in read only memory, on any other media or in any other form (collectively, the “Software”) are licensed, not sold, to you by Ansell Limited or one of its subsidiaries (“Ansell”) for use only under the terms of this License. Ansell and/or Ansell’s licensors retain ownership of the Software itself (other than the data you input) and reserve all rights not expressly granted to you.
B. Ansell, at its discretion, may make available future upgrades or updates to the Software for your hardware. The Software, upgrades and updates, if any, may not necessarily include all existing features or new features that Ansell releases for newer or other models of hardware. The terms of this License will govern any future upgrades or updates provided by Ansell to the Software unless such upgrade or update is accompanied by a separate license in which case you agree that the terms of that license will govern such upgrade or update.
C. When using the Software, your movement may be tracked in the workplace in order to ensure your safety and others’ wellbeing. In some instances, your employer may geofence its premises so that the Software becomes inoperable outside of work premises. Alternatively, you or your employer may turn off the Software at any time, including during breaks and off-work hours.
2. Permitted License Uses and Restrictions.
A. You are granted a limited, non-transferable, non-exclusive license to download, install and use the Software on any hardware device that you or your employer owns or controls during the term of this License. You may not distribute the Software over a network where it could be used by multiple users at the same time. You may not rent, lease, lend, sell, redistribute or sublicense the Software.
B. System Limitations. The Software is not available in all languages.
C. Content and Digital Materials. Title and intellectual property rights in and to any logos or other content displayed by or accessed through the Software belongs to the respective logo and content owner. Such content may be protected by trademark, copyright or other intellectual property laws and treaties, and may be subject to terms of use of the third party providing such content. Except as otherwise provided in this License, (i) this License does not grant you any rights to use such content nor does it guarantee that such content will continue to be available to you; and (ii) you may not use, extract or distribute, commercially or otherwise, on a standalone basis, any photographs, images, graphics, artwork, logos, audio, video or similar assets (“Digital Materials”) contained within, or provided as a part of, the Software or otherwise use the Digital Materials outside the context of its intended use as part of the Software.
D. No Reverse Engineering. You may not, and you agree not to or encourage, assist or authorize others to, copy (except as expressly permitted by this License or by the usage rules defined from to time by Ansell if they are applicable to you), decompile, reverse engineer, disassemble, attempt to derive the source code of, decrypt, modify, or create derivative works of the Software or any services provided by the Software or any part thereof (except as and only to the extent any foregoing restriction is prohibited by applicable law or to the extent as may be permitted by the licensing terms governing use of open-sourced components included with the Software). You agree not to remove, obscure, or alter any proprietary notices (including trademark and copyright notices) that may be affixed to or contained within the Software.
E. Compliance with Laws. You agree that you will use the Software and the services described in Section 4 below in compliance with all applicable laws, including local laws of the country or region in which you reside or in which you download or use the Software or a part thereof, including, without limitation, any services provided.
F. Third Party Software. Ansell may provide access to certain third-party software or services as a convenience. To the extent that the Software contains or provides access to any third-party software or services, Ansell has no express or implied obligation to provide any technical or other support for such third party software or services. Please contact the appropriate third-party software vendor, manufacturer or service provider directly for technical support and customer service related to its software, service and/or products.
G. Automatic Updates. If you are accessing the Software through a mobile application and you choose to allow automatic updates, your device will periodically check with Ansell for updates and upgrades to the Software and, if an update or upgrade is available, the update or upgrade will automatically download and install onto your device and, if applicable, your peripheral devices. You can turn off the automatic app updates altogether at any time by changing the automatic app updates settings found within the settings function of the Software.
H. The Software and any other Ansell products, individually and collectively, are not medical devices and should not be used as a substitute for qualified medical advice. They are not designed or intended for use in the diagnosis of disease or other conditions, or in the cure, mitigation, treatment, or prevention and spread of any condition or disease. Please consult your healthcare provider prior to making any decisions related to your health.
3. Use of Data. Ansell will collect and process your personal information as set out in Ansell’s Privacy Policy, which can be viewed at: https://www.Ansell.com/us/en/legal/privacy-policy. Please note that in most cases, Ansell is collecting and using your personal data on behalf of our corporate or organizational customers (“Organization(s)”) who are using any services provided by the Software, other Ansell product or any part thereof to collect your personal data due to your relationship with them as an employee, customer, contractor, patient or invitee. We will provide your personal data, including but not limited to activity tracking data, health screening, social distancing, and trace data, to your Organization as instructed by your Organization. In some cases, we may also use your personal data for other purposes as further set out in our Privacy Policy. Where permitted by applicable law, these additional purposes may include aggregating and anonymizing personal data of our end-users for the purposes of marketing and improving any services provided by the Software or any part thereof and for the additional purposes described in our Privacy Policy, including, without limitation, making such aggregated and anonymized data available to third parties.
4. Services and Third Party Materials.
A. In using this Software, you must provide accurate information. The accuracy and usefulness of the information generated by Software will depend on the accuracy of information that you provide. To the extent that you upload any content through the use of any services provided by the Software or any part thereof (the “Services”), you represent that you own all rights in, or have authorization or are otherwise legally permitted to upload, such content and that such content does not violate any terms of service applicable to the Services. You agree that the Services contain proprietary content, information and material, including but not limited to any Digital Materials, that is owned by Ansell, the site owner and/or their licensors, and is protected by applicable intellectual property and other laws, including but not limited to trademark and copyright laws. You agree that you will not use such proprietary content, information or materials other than for permitted use of the Services or in any manner that is inconsistent with the terms of this License or that infringes any intellectual property rights of a third party or Ansell. No portion of the Services may be reproduced in any form or by any means. You agree not to modify, rent, lease, loan, sell, distribute, or create derivative works based on the Services, in any manner, and you shall not exploit the Services in any unauthorized way whatsoever, including but not limited to, using the Services to transmit any computer viruses, worms, trojan horses or other malware, or by trespassing upon or burdening network capacity. You further agree not to use the Services in any manner to harass, abuse, stalk, threaten, defame or otherwise infringe or violate the rights of any other party, and that Ansell is not in any way responsible for any such use by you, nor for any harassing, threatening, defamatory, offensive, infringing or illegal messages or transmissions that you may receive as a result of using any of the Services.
B. The Services may display, include or make available content, data, information, applications or materials from third parties (“Third-Party Materials”). By using the Services, you acknowledge and agree that Ansell is not responsible for examining or evaluating the content, accuracy, completeness, timeliness, validity, copyright compliance, quality or any other aspect of such Third-Party Materials. Ansell and its affiliates and subsidiaries do not warrant or endorse and do not assume and will not have any liability or responsibility to you or to any other person for Third-Party Materials. Third-Party Materials are provided solely as a convenience to you. In addition, Services and Third-Party Materials that may be accessed, linked to or displayed through or that accompany the Software, are not available in all languages or in all countries or regions. Ansell makes no representation that such Services and Third-Party Materials are appropriate or available for use in any particular location.
5. Termination. The term of this License shall commence upon your download, installation or use of the Software. Your rights under this License will terminate automatically or otherwise cease to be effective without notice from Ansell if you fail to comply with any term(s) of this License. In order for you to terminate this License and upon Ansell’s termination of this License, you shall uninstall and cease all use of the Software and destroy all copies, full or partial, of the Software. Sections 2C, 2D, 2E, 2F, 2H, 3 through 10 of this License shall survive any such termination.
6. Disclaimer of Warranties.
A. If you are a customer who is a consumer (someone who downloads, installs or uses the, Software outside of your trade, business or profession), you may have legal rights in your country of residence which would prohibit the following limitations from applying to you, and where prohibited they will not apply to you. To find out more about consumer rights, you should contact a local consumer advice organization.
B. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT, TO THE EXTENT PERMITTED BY APPLICABLE LAW, USE OF THE SOFTWARE, ANY RECOMMENDATIONS OR GUIDANCE PROVIDED BY THE SOFTWARE (“RECOMMENDATIONS”), AND ANY SERVICES PERFORMED BY OR ACCESSED THROUGH THE SOFTWARE IS AT YOUR SOLE RISK.
C. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SOFTWARE, RECOMMENDATIONS, AND SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND ANSELL AND ANSELL’S LICENSORS (COLLECTIVELY REFERRED TO AS "ANSELL" FOR THE PURPOSES OF SECTIONS 6 AND 7) HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE SOFTWARE, RECOMMENDATIONS AND SERVICES, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS.
7. Limitation of Liability. TO THE EXTENT NOT PROHIBITED BY APPLICABLE LAW, IN NO EVENT SHALL ANSELL BE LIABLE FOR PERSONAL INJURY, OR ANY INCIDENTAL, SPECIAL, INDIRECT, PUNITIVE OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, CORRUPTION OR LOSS OF DATA, FAILURE TO TRANSMIT OR RECEIVE ANY DATA, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE SOFTWARE RECOMMENDATIONS, AND SERVICES OR ANY THIRD PARTY SOFTWARE OR APPLICATIONS IN CONJUNCTION WITH THE SOFTWARE HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE) AND EVEN IF ANSELL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. In no event shall Ansell’s total liability to you for all damages (other than as may be required by applicable law in cases involving personal injury) exceed the amount of fifty dollars ($50.00). The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.
8. Export Control. You may not use or otherwise export or re-export the Software except as authorized by United States law and the laws of the jurisdiction(s) in which the Software was obtained. In particular, but without limitation, the Software may not be exported or re-exported (a) into any U.S. embargoed countries or (b) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Department of Commerce Denied Person’s List or Entity List or any other restricted party lists. By using the Software, you represent and warrant that you are not located in any such country or on any such list. You also agree that you will not use the Software for any purposes prohibited by United States law, including, without limitation, the development, design, manufacture or production of missiles, nuclear, chemical or biological weapons.
9. Controlling Law and Severability. This License will be governed by and construed in accordance with the laws of the State of Delaware, excluding its conflict of law principles. This License shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded. If for any reason a court of competent jurisdiction finds any provision, or portion thereof, to be unenforceable, the remainder of this License shall continue in full force and effect.
10. Complete Agreement; Governing Language. This License constitutes the entire agreement between you and Ansell relating to the Software and supersedes all prior or contemporaneous understandings regarding such subject matter. No amendment to or modification of this License will be binding unless in writing and signed by Ansell.
Last Updated August 30, 2022