Non-Transferable license
Masarat grants to You a personal, non-exclusive, non-transferable license to use and display the audio and visual information, documents, products and software contained in or made available through the Service (the "Content") solely for Your own personal or internal business purposes. All rights not expressly granted herein by Masarat to You are reserved by Masarat and/or its licensors.
Restrictions
You are permitted to store, print, and display the Content only for Your personal or internal business use. Unauthorized use, resale or commercial exploitation of the Service and/or the Content in any way is expressly prohibited. You shall not copy, license, sell, transfer, make available, distribute, or assign this license or the Content to any third-party. You shall not create Internet "links" to the Service or "frame" or "mirror" any Content contained on, or accessible from, the Service on any other server or Internet-based device.
Third-Party Interaction
In your use of the Service, you may enter into correspondence with and purchase or receive goods and/or services from other third parties through the Service. Any such activity, and any terms, conditions, warranties or representations associated with such activity, is solely between You and the applicable third-party. Masarat and its licensors shall have no liability, obligation or responsibility for any such correspondence, purchase or provision of service between you and any such third-party.
User Accounts
To access a contracted Service, a user account is required. The Service may be accessed and used only by those authorized individuals who are registered with the Masarat Service. In registering for the Service, you and your company's users agree to submit accurate, current and complete information about you and your organization, and promptly update such information. Should Masarat suspect that such information is untrue, inaccurate, not current or incomplete, Masarat has the right to suspend or terminate your use of the Service
User Responsibilities
You are solely responsible for any and all activities that occur under Your account and ensuring that You exit or log-off from Your account at the end of each session of use. You shall notify Masarat immediately of any unauthorized use of Your password or account or any other breach of security that is known or suspected by You. You shall also use Your best efforts to stop immediately any copying or distribution of Content that is known or suspected by You. Masarat and its licensors shall not be responsible for any unauthorized access to, or alteration of, Your transmissions or data, or any material, information or data sent or received, regardless of whether the data is actually received by Masarat, or any failure by You to abide by this Agreement.
Account Information & Data
Masarat does not own any data, information or material that You submit to the Service ("Data"), unless we specifically tell You otherwise before You submit it. Masarat will not edit, or disclose any information regarding You or Your account, including any Data, without Your prior permission except in accordance with this Agreement or as may be required by law. Masarat does not provide any user registration information or other information such as usage or user traffic patterns to third parties, except those authorized by you at the point of user account creation or at a later point. Masarat may access Your account, including its Data, to respond to service or technical problems or as stated in this Agreement. You, not Masarat, shall have sole responsibility for the accuracy, quality, integrity, legality, reliability, appropriateness and copyright of all Data, and Masarat shall not be responsible or liable for the deletion, correction, destruction, damage, loss or failure to store any Data. In the event of a security breach affecting Your user account and data, Masarat will inform You by a notification to your account of such breach within 24 hours of becoming aware of the breach. If Masarat holds your email in unencrypted form then Masarat will also notify you by email within 24 hours of becoming aware of the breach. Masarat will, as it becomes aware of the details of such breach, inform You of such details in a timely business manner
User Conduct
You agree to abide by all applicable local, national and foreign laws, treaties and regulations in connection with the Service. In addition, without limitation, You agree not to use the Service or information from the Service to: (a) harvest, collect, gather or assemble information or data regarding other users, including e-mail addresses, without their consent; (b) transmit unlawful, immoral, libelous, abusive, harassing, harmful, invasive of privacy, vulgar, obscene or otherwise objectionable material; (c) transmit any material that may infringe intellectual property rights of third parties; (d) transmit any material that contains software viruses or harmful computer code; (e) interfere with or disrupt the integrity of any servers or networks; (f) attempt to gain unauthorized access to the Service or other accounts; (g) harass or interfere with another user's use of the Service; (h) send any emails to any recipients requesting not to receive Your email when informed as such via phone, fax, email, website update or via any other methodology as required by local law, immediately upon receipt of such request.
Termination of End-User Agreement
Either party may terminate this Agreement by notifying the other party in writing at least one calendar month in advance of the termination date.
Termination for Cause
Any unauthorized access, use, copying, disclosure, or distribution by You or with Your aid or consent of the Service or Content will be deemed a material breach of this Agreement. Masarat in its sole discretion may terminate Your password, account or use of the Service if You breach or otherwise fail to comply with this Agreement.
Data Rights
Masarat reserves the right to withhold, remove and/or discard Data without notice for any breach. Upon termination for cause, Your right to access or use Data immediately ceases, and Masarat shall have no obligation to maintain any Data stored in Your account or to forward any Data to You or any third-party. In the event that You terminate this Agreement (other than by reason of Your breach), Masarat will make available to You a file of Your Data within 30 days of termination if You so request at the time of termination. All Your (personal) Data as collected by usage of Masarat Services will be deleted from all Masarat records at this time unless such removal violates any local laws. In the event a user wishes to have historical data captured by Masarat Services deleted from time to time, such requests should be made attention to Masarat as noted in section Q. All such data collected in the course of use of Masarat Services is subject to the Masarat terms and conditions in effect at such time of data collation, notwithstanding changes to local laws and government policies that may affect such data and the retention thereof.
Proprietary Rights
Except for the licenses granted herein, You have no right, title or interest in or to Masarat, the Service or any Content of Masarat or its licensors, including, without limitation, documentation, stories, articles, text, images, and multimedia data and all such right, title and interest shall remain exclusively with Masarat and its licensors, as applicable. Masarat Services available and/or in use are either trademarks or registered trademarks of Masarat.
Warranties
Masarat AND ITS LICENSORS MAKE NO REPRESENTATION, WARRANTY, OR GUARANTY AS TO THE RELIABILITY, TIMELINESS, CURRENCY, QUALITY, SUITABILITY, TRUTH, AVAILABILITY, ACCURACY OR COMPLETENESS OF THE SERVICE OR ANY CONTENT OR INFORMATION ACCESSED AND USED THROUGH THIS WEB SITE. YOU AGREE THAT ACCESS TO AND USE OF THE ASSESSMENT TOOLS ON THE Masarat WEBSITE IS AT YOUR OWN RISK. Masarat DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. NEITHER Masarat NOR ANY PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE AEESEEMENT TOOLS SHALL BE LIABLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION, DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT, OR PUNITIVE DAMAGES, ARISING OUT OF ACCESS TO, USE OF OR INABILITY TO USE THE ASSESSMENT TOOLS, OR ANY ERRORS OR OMISSIONS IN THE CONTENT THEREOF. Masarat AND ITS LICENSORS DO NOT REPRESENT OR WARRANT THAT (A) THE USE OF THE SERVICE WILL BE SECURE, TIMELY, UNINTERRUPTED OR ERROR-FREE OR OPERATE IN COMBINATION WITH ANY OTHER HARDWARE, SOFTWARE, SYSTEM OR DATA, (B) THE SERVICE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (C) ANY STORED DATA WILL BE ACCURATE OR RELIABLE, (D) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (E) ERRORS OR DEFECTS WILL BE CORRECTED, OR (F) THE SERVICE OR THE SERVER(S) THAT MAKE THE SERVICE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS;(III) THE SERVICE AND ALL CONTENT IS PROVIDED TO YOU STRICTLY ON AN "AS IS" BASIS; AND (IV) ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS, ARE HEREBY DISCLAIMED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW BY COMPANY AND ITS LICENSORS. Since the questionnaires used by Masarat rely on patient self-report, all responses should be verified by the clinician and a definitive diagnosis made on clinical grounds, taking into account how well the patient understood the questionnaire, as well as other relevant information from the patient. Diagnoses of Major Depressive Disorder or Other Depressive Disorder also require impairment of social, occupational, or other important areas of functioning and ruling out normal bereavement, a history of a Manic Episode (Bipolar Disorder), and a physical disorder, medication, or other drug as the biological cause of the depressive symptoms.
Limitation of Liability
IN NO EVENT SHALL EITHER PARTY'S AGGREGATE LIABILITY EXCEED THE AMOUNTS ACTUALLY PAID BY AND/OR DUE FROM YOU IN THE SIX (6) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO SUCH CLAIM. IN NO EVENT SHALL EITHER PARTY AND/OR ITS LICENSORS BE LIABLE TO ANYONE FOR ANY INDIRECT, PUNITIVE, SPECIAL, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL OR OTHER DAMAGES OF ANY TYPE OR KIND (INCLUDING LOSS OF DATA, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE) ARISING OUT OF, OR IN ANY WAY CONNECTED WITH THIS SERVICE, INCLUDING BUT NOT LIMITED TO THE USE OR INABILITY TO USE THE SERVICE, OR FOR ANY CONTENT OBTAINED FROM OR THROUGH THE SERVICE, EVEN IF THE PARTY FROM WHICH DAMAGES ARE BEING SOUGHT OR SUCH PARTY'S LICENSORS HAVE BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL EITHER PARTY'S LICENSORS BE LIABLE TO ANYONE FOR ANY DIRECT DAMAGES OF ANY TYPE OR KIND (INCLUDING LOST PROFITS) OR FOR ANY INDIRECT, PUNITIVE, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING LOST PROFITS), ARISING UNDER THIS AGREEMENT OR FROM PERFORMANCE THEREUNDER BASED IN CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, WHETHER OR NOT THEY HAD ANY KNOWLEDGE, ACTUAL OR CONSTRUCTIVE, THAT SUCH DAMAGES MIGHT BE INCURRED, OR FOR ANY INTERRUPTION, INACCURACY, ERROR OR OMISSION, REGARDLESS OF CAUSE, IN THE CONTENT.
Additional Rights
Certain jurisdictions do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, so the exclusions set forth above may not apply to You. Masarat considers monthly usage as 720 hours per month. Masarat and its licensors make no representation that the Service is appropriate or available for use in other locations.
Submissions
Masarat alone will own all right, title and interest, including all related intellectual property rights, to any suggestions, ideas, feedback, recommendations, or other information provided by You relating to the Service ("Submissions") and You agree to assign such Submissions to Masarat free of charge. Masarat may use such Submissions as it deems appropriate in its sole discretion.
Notice
Masarat may give notice by means of a general notice on the Service; electronic mail to Your e-mail address on record in Masarat's account information, or by written communication sent by first class mail or pre-paid post to Your address on record in Masarat's account information. Such notice shall be deemed to have been given upon the expiration of 48 hours after mailing or posting (if sent by first class mail or pre-paid post) or 12 hours after sending (if sent by email). You may give notice to Masarat (such notice shall be deemed given when received by Masarat) at any time by email.
Modification to Terms
Masarat reserves the right to change the terms and conditions of this Agreement at any time and shall notify You by posting an updated version of this Agreement on the Service and will email a notification to Your contact email address for preview at least 30 days before such change takes effect. Your continued use of the Service after any such changes shall constitute Your consent to such changes.
Beneficiaries
The rights and limitations in this Agreement are also for the benefit of Masarat's licensors, each of whom shall have the right to enforce its rights hereunder directly and on its own behalf.
Complete Agreement
This Agreement sets forth the entire understanding between the parties with respect to the subject matter hereof.