This end user license agreement (“Agreement”) is a contract between you and Enclara Pharmacia, Inc. (“Enclara Pharmacia”) governing use of the Enclara Pharmacia E3TM mobile application and related Enclara Pharmacia website and online tools which may be made available to you from time to time (collectively the “Application”). The full features and functionality of the Application are provided as a service to Enclara Pharmacia clients who have entered into an E3 Enterprise Agreement with Enclara Pharmacia (“Enterprise Agreement”). Authorized use of the Application is limited solely to individuals who have been authorized by the Enclara Pharmacia client to access and use the Application for purposes of supporting or facilitating such client’s business of providing hospice care (“Authorized Users”). By using the Application, you represent and warrant that you have been expressly authorized to do so by your hospice/employer. The terms of this Agreement and applicable terms and conditions of the Enterprise Agreement which relate to your use of the Application, which terms are hereby incorporated herein by reference, (collectively the “Terms”) shall govern your use of the Application. By downloading, accessing, browsing or using the Application, you acknowledge you are an Authorized User and that you have read, been made aware of, understand and agree to be bound by the Terms and to comply with all applicable laws and regulations when using the Application. Enclara Pharmacia reserves the right to delete, modify or supplement the Application, as well as these Terms, at any time and for any reason without notification. By continuing to use the Application after such changes, you unconditionally agree to follow and be bound by such revised Terms and should therefore periodically visit this page to review the then-current Terms.
SCOPE OF LICENSE
Subject to the Terms, Enclara Pharmacia grants you a personal, non-exclusive, non-transferable, non-sublicensable, revocable limited license to download, install and use the Application on a mobile device owned, issued or controlled by the Enclara Pharmacia client for whom you are an Authorized User and solely for the purpose of performing those functions and tasks available to you as an Authorized User. Unless expressly authorized by your hospice/employer, you may not install or use the Application on any mobile device not owned, issued or controlled by the Enclara Pharmacia client for whom you are an Authorized User. You may not rent, sell, lend, lease, redistribute, or sublicense the Application. You may not, nor may you allow anyone else to, copy, reverse engineer, decompile, disassemble, modify, create derivative works or otherwise attempt to derive the source code of the Application, any updates, or any parts thereof.
COPYRIGHTS, TRADEMARKS, AND PATENTS
All information contained in the Application, including all website design, text, graphics, the selection and arrangement thereof, and software, are owned or controlled by Enclara Pharmacia and/or its affiliates or licensors, and protected by worldwide copyright laws. All images used on the Application are owned or licensed by Enclara Pharmacia, Inc. Unauthorized use is prohibited. All trademarks, service marks, trade names, trade dress and product names whether or not appearing on the Application are protected in the United States and they may not be used without the express prior written permission of Enclara Pharmacia. Nothing herein shall be construed as conferring any license or right under any Enclara Pharmacia patent, copyright, trademark or other intellectual property rights. Enclara Pharmacia will aggressively enforce its intellectual property rights to the fullest extent of the law.
YOUR RESPONSIBILITY AS THE AUTHORIZED USER
By using the Application you agree to the following:
- You will comply with all applicable laws and regulations in connection with your use of the Application.
- You represent and warrant that by placing an order for the medication to be dispensed through the Application you are authorized by the prescriber and your hospice/employer to order such medication on the prescriber’s behalf.
- You are responsible for maintaining the confidentiality of your user identification and password used to access the Application. You will not disclose to or share your password with third parties or use your password for any unauthorized purpose. Any unauthorized use of your identification or password is your responsibility.
CONSENT TO USE OF DATA
You agree that Enclara Pharmacia may collect, store, process, maintain, transmit, share, disclose and use data and information obtained from you through use of the Application, which information may include but not be limited to information or data regarding the characteristics or usage of your mobile device and personal information, for purposes of providing and enhancing the services and functionality of the Application.
You expressly acknowledge and agree that use of the application and your reliance on the operation, output or results of the application is at your sole risk. You understand and agree that enclara pharmacia is not engaged in the practice of medicine and that the application is an informational tool only and is not a substitute for professional judgment of healthcare providers in diagnosing and treating patients. Any content available via the application is not a substitute for the professional judgment of healthcare providers in diagnosing and treating patients. Enclara does not give medical advice nor does it provide medical or diagnosis services. You acknowledge that you shall have full and sole responsibility for the care and well-being of your patients, and any reliance by you upon the application shall not diminish or alter such responsibility.
LINKS TO OTHER PRODUCTS OR SERVICES
This Agreement is effective until the first to occur of (i) termination by Enclara Pharmacia, (ii) termination of your employment or engagement with your hospice/employer, (iii) termination of your privileges as an Authorized User by your hospice/employer, (iv) your breach of these Terms, or (v) expiration or termination of the Enterprise Agreement; (vi) expiration or termination of the underlying pharmacy services agreement between Enclara Pharmacia and your hospice/employer. Upon termination, you shall cease all use of the Application and shall immediately remove the Application from your mobile device. Your continued use of, or access to, the Application after termination may subject you to civil or criminal penalties under state or federal law.
The Application is subject to the United States export laws and regulations. You may not use the Application outside of the United States or export the Application outside the United States.