HONOR MY DECISIONS, LLC
SOFTWARE LICENSE AGREEMENT
FOR HONOR MY DECISIONS APPLICATION
PLEASE READ THIS SOFTWARE LICENSE AGREEMENT ("LICENSE") CAREFULLY BEFORE USING THE HONOR MY DECISIONS SOFTWARE. BY USING THE HONOR MY DECISIONS SOFTWARE, YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THIS LICENSE. IF YOU DO NOT AGREE TO THE TERMS OF THIS LICENSE, DO NOT INSTALL AND/OR USE THE SOFTWARE.
IMPORTANT NOTE: To the extent that this software may be used to reproduce materials, it is licensed to you only for reproduction of non-copyrighted materials, materials in which you own the copyright, or materials you are authorized or legally permitted to reproduce. If you are uncertain about your right to copy any material, you should contact your legal advisor.
A. The Honor My Decisions software, and any third-party software, documentation, interfaces, content, fonts and any data accompanying this License whether in read-only memory, on any other media or in any other form (collectively the "Honor My Decisions Software") are licensed, not sold, to you by Honor My Decisions, LLC. ("Honor My Decisions") for use only under the terms of this License. Honor My Decisions and/or Honor My Decisions' licensors retain ownership of the Honor My Decisions Software itself and reserve all rights not expressly granted to you.
B. Honor My Decisions, at its discretion, may make available future upgrades or updates to the Honor My Decisions Software for the Internet or your compatible mobile device. The Honor My Decisions Software upgrades and updates, if any, may not necessarily include all existing software features or new features that Honor My Decisions releases for newer or other models of mobile devices or the Internet version. The terms of this License will govern any software upgrades or updates provided by Honor My Decisions to the original Honor My Decisions Software product, 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.
2. Permitted License Uses and Restrictions.
A. License. Subject to the terms and conditions of this License you are granted a limited, non-transferable, non-exclusive license to install and use the Honor My Decisions Software on any compatible mobile device that you own or control or to access that software via the Internet. You may not distribute or make the Honor My Decisions Software available over a network where it could be used by multiple devices at the same time. You may not rent, lease, lend, sell, redistribute, or sublicense the Honor My Decisions Software.
B. System Requirements. Honor My Decisions Software is supported only on hardware that meets specified system requirements as indicated by Honor My Decisions. A list of system requirements can be found at http://HonorMyDecisions.com.
D. No Reverse Engineering. You may not, and you agree not to or enable others to, copy, decompile, reverse engineer, disassemble, attempt to derive the source code of, decrypt, modify, or create derivative works of the Honor My Decisions Software or any services provided by the Honor My Decisions Software, or any part thereof.
E. Compliance with Laws. You agree to use the Honor My Decisions Software and the Services (as defined 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 Honor My Decisions Software and Services.
F. Automatic Updates. If you choose to allow automatic app updates on your mobile device, your device will periodically check with Honor My Decisions for updates and upgrades to the Honor My Decisions Software and, if an update or upgrade is available, the update or upgrade will automatically download and install onto your mobile device and, if applicable, your peripheral devices. You can turn oﬀ the automatic app updates on your mobile device altogether at any time by changing the automatic app updates settings found within Settings. The Internet version of the HMD software will always receive updates as they occur and you may be required to upgrade the Honor My Decisions Software on your mobile device in order to fully utilize the features found in the Internet version of the Software.
3. Consent to Use of Data.
A. By downloading and installing the Honor My Decisions Software, you are granting read and download access to your Advance Directives, as stored by Honor My Decisions and its partners, to anyone who accesses your account. Additionally, by using one of the Share or Email functions of the Honor My Decisions Software, you acknowledge that this information may be sent through non-secure networks in an un-encrypted format.
4. Materials From Third Parties.
Certain Services may include materials from third parties or links to certain third-party web sites. You acknowledge and agree that Honor My Decisions is not responsible for examining or evaluating the content or accuracy of any such third-party material or web sites. Honor My Decisions does not warrant or endorse and does not assume and will not have any liability or responsibility for any third-party materials or web sites, or for any other materials, products, or services of third parties. Links to other web sites are provided solely as a convenience to you. You agree that you will not use any third-party materials in a manner that would infringe or violate the rights of any other party, and that Honor My Decisions is not in any way responsible for any such use by you.
5. Proprietary Information.
You agree that the Services contain proprietary information and material that is owned by Honor My Decisions and/or its licensors, and is protected by applicable intellectual property and other laws, including but not limited to copyright, and that you will not use such proprietary information or materials in any way whatsoever except for permitted use of the Services. 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, by trespass or burdening network capacity.
6. Right to Change Services.
Honor My Decisions and its licensors reserve the right to change, suspend, remove, or disable access to any Services at any time without notice. In no event will Honor My Decisions be liable for the removal of or disabling of access to any such Services. Honor My Decisions may also impose limits on the use of or access to certain Services, in any case and without notice or liability.
This License is eﬀective until terminated. Your rights under this License will terminate automatically or otherwise cease to be eﬀective without notice from Honor My Decisions if you fail to comply with any term(s) of this License. Upon the termination of this License, you shall cease all use of the Honor My Decisions Software and destroy all copies, full or partial, of the Honor My Decisions Software. Sections 3, 4, 5, 6, 7, 8, 10 and 11 of this License shall survive any such termination.
8. Disclaimer of Warranties.
A. If you are a consumer, that is someone who uses the Honor My Decisions 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 HONOR MY DECISIONS SOFTWARE AND ANY SERVICES PERFORMED BY OR ACCESSED THROUGH THE HONOR MY DECISIONS SOFTWARE IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY COMPLIANCE WITH LOCAL LEGAL REQUIREMENTS FOR ADVANCE DIRECTIVES, QUALITY, PERFORMANCE, ACCURACY, AND EFFORT IS WITH YOU.
C. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE HONOR MY DECISIONS SOFTWARE AND SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND HONOR MY DECISIONS AND HONOR MY DECISIONS' LICENSORS (COLLECTIVELY REFERRED TO AS "HONOR MY DECISIONS" FOR THE PURPOSES OF SECTIONS 8 AND 9) HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE HONOR MY DECISIONS SOFTWARE 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, QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD-PARTY RIGHTS.
D. HONOR MY DECISIONS DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE HONOR MY DECISIONS SOFTWARE AND SERVICES, THAT THE FUNCTIONS CONTAINED IN, OR SERVICES PERFORMED OR PROVIDED BY, THE HONOR MY DECISIONS SOFTWARE WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE HONOR MY DECISIONS SOFTWARE OR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT ANY SERVICES WILL CONTINUE TO BE MADE AVAILABLE, THAT THE HONOR MY DECISIONS SOFTWARE OR SERVICES WILL BE CORRECTED, OR THAT THE HONOR MY DECISIONS SOFTWARE WILL BE COMPATIBLE OR WORK WITH ANY THIRD-PARTY SOFTWARE, APPLICATIONS, OR THIRD-PARTY SERVICES. INSTALLATION OF THIS SOFTWARE MAY AFFECT THE USABILITY OF THIRD-PARTY SOFTWARE, APPLICATIONS, OR THIRD-PARTY SERVICES.
E. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY HONOR MY DECISIONS OR AN HONOR MY DECISIONS AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SHOULD THE HONOR MY DECISIONS SOFTWARE OR SERVICES PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU.
F. YOU ACKNOWLEDGE THAT ELECTRONIC SIGNATURES ARE NEITHER EXPRESSLY ALLOWED NOR PROHIBITED UNDER STATE LAW IN YOUR STATE OR TERRITORY AS A METHOD TO BIND ADVANCE DIRECTIVES AND CHOOSING TO SIGN AN ADVANCE DIRECTIVE WITH ONLY AN ELECTRONIC SIGNATURE IS DONE AT YOUR OWN RISK. WHEN IT IS TIME TO SIGN YOUR ADVANCE DIRECTIVE YOU WILL BE GIVEN THE OPTION OF DOWNLOADING AND PRINTING THE FORM OR SIGNING IT ELECTRONICALLY. IF YOU ELECT TO SIGN IT ELECTRONICALLY YOU ACKNOWLEDGE THE FOLLOWING:
1. YOU ACKNOWLEDGE AND AGREE THAT YOU WERE GIVEN THE OPPORTUNITY TO DOWNLOAD, COMPLETE, AND UPLOAD THE ADVANCE DIRECTIVE FORM TO BE SIGNED BY YOU IN THE PRESENCE OF A NOTARY PUBLIC, JUSTICE OF THE PEACE OR TWO OR MORE SUBSCRIBING WITNESSES WHO SHALL ACKNOWLEDGE YOUR SIGNATURE.
2. BY SIGNING ELECTRONICALLY, YOU CONFIRM AND AGREE THAT THE ELECTRONIC SIGNATURE IS UNIQUE TO THE INDIVIDUAL USING IT, IS CAPABLE OF VERIFICATION, AND IS UNDER THE SOLE CONTROL OF THE INDIVIDUAL USING IT. YOU ALSO CONFIRM AND AGREE THAT AT THE TIME OF SIGNATURE (ELECTRONIC SIGNATURE OR HANDWRITTEN SIGNATURE) YOU WERE OF SOUND MIND AND EIGHTEEN (18) OR MORE YEARS OF AGE.
9. Limitation of Liability.
TO THE EXTENT NOT PROHIBITED BY APPLICABLE LAW, IN NO EVENT SHALL HONOR MY DECISIONS BE LIABLE FOR PERSONAL INJURY, OR ANY INCIDENTAL, SPECIAL, INDIRECT, 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 HONOR MY DECISIONS SOFTWARE AND SERVICES OR ANY THIRD-PARTY SOFTWARE OR APPLICATIONS IN CONJUNCTION WITH THE HONOR MY DECISIONS SOFTWARE, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, OR OTHERWISE) AND EVEN IF HONOR MY DECISIONS 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 HONOR MY DECISIONS' 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.
10. Export Control.
You may not use or otherwise export or re-export the Honor My Decisions Software except as authorized by United States law and the laws of the jurisdiction(s) in which the Honor My Decisions Software was obtained. In particular, but without limitation, the Honor My Decisions 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. By using the Honor My Decisions 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 Honor My Decisions 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.
11. Controlling Law and Severability.
This License will be governed by, construed, and enforced in accordance with the laws of the State of Florida, 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 you are a consumer based in the United Kingdom, this License will be governed by the laws of the jurisdiction of your residence. 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.
12. Complete Agreement; Governing Language.
This License constitutes the entire agreement between you and Honor My Decisions relating to the Honor My Decisions 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 Honor My Decisions. Any translation of this License is done for local requirements and in the event of a dispute between the English and any non-English versions, the English version of this License shall govern, to the extent not prohibited by local law in your jurisdiction.