比林斯方法 (Billings Method)
Webmatics Pty Ltd
The software and services provided with this agreement are available for use only under the terms of this agreement. Please read this agreement carefully. By using software and services provided you agree to be bound by the terms and conditions of this agreement and become a party to this agreement. If you do not agree with all of the terms and conditions of this agreement, do not use the services or otherwise use the software.
This Webmatics Pty. Ltd. (“Webmatics”) End User Agreement (“Agreement”) accompanies a Webmatics software product ("Software") offered in the form of an interactive web service (“Web Service”) and related explanatory written materials. The term “Web Service” shall also include any modified versions or updates of the Software by Webmatics. The Web Service is provided to you via the internet as the end user ("End User"), subject to all of the terms and conditions of this Agreement.
PRIVACY.The privacy of the End User and the associated records is vested in the absence of any function in the Software and the Web Service to solicit or record personal identifying information. Webmatics will not include any function in the Soft ware to solicit or record personal identifying information.
ACTIVATION. According to its discretion, Webmatics may include features in the Software to control the use of the software in order to levy payment for use of the Web Service and to ensure the privacy of the End User's records. You agree that Webmatics may do so.
REGISTRATION. The Software contains a component that will register an End User who accepts this Agreement. The registration record will include the Internet Protocol Address (IPAddress) from which the End User connected to the Web Service in order to submit this Agreement. It will also contain a computer generated random identifer ("User Identifier") which the End User can use to access the Web Service and the personal records that the same End User enters. The User Identifier is provided to the End User in response to this Agreement together with a Password. The End User may change the Password associated with the User Identifier.
PROPRIETARY RIGHTS. Title, ownership rights, and intellectual property rights in the Software shall remain in Webmatics and/or its suppliers or licensors. The End User acknowledges such ownership and intellectual property rights and will not take any action to jeopardize, limit or interfere in any manner with Webmatics or its suppliers’ or licensors’ ownership of or rights with respect to the Software. The software is protected by copyright and other intellectual property law and international law.
DISCLAIMER ON USE OF SOFTWARE AND WEB SERVICE. The sole purpose of this Software and Web Service is for the recording and display of fertility information in conjunction with the use of the Billings Method of natural fertility regulation. Except for liability that is unable by law to be excluded, the Software and Web Service is provided without warranty of any kind on its use in conjunction with the Billings Method for the purpose of avoiding a pregnancy or achieving a pregnancy. Should the Software or Web Service prove defective in the recording or display of fertility information or in its interpretation of the rules of the Billings Method of natural fertility regulation, or should the Web Service become unavailable either temporarily or permanently, or should the user become pregnant when using this software to record and display their fertility symptoms and apply the rules of the Billings Method, or should the user fail to become pregnant when using this software to record and display their fertility symptoms and apply the rules of the Billings Method, or should the user withhold information requested by the software, or should the user make false declarations to the software, the entire risk of the outcome and cost for any medical or health services is borne by the End User AND NOT Webmatics OR ITS SUPPLIERS, LICENSORS OR RESELLERS. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS AGREEMENT. NO USE OF THE SOFTWARE IS AUTHORIZED HEREUNDER EXCEPT UNDER THIS DISCLAIMER.
DISCLAIMER OF WARRANTY. EXCEPT FOR LIABILITY THAT IS UNABLE BY LAW TO BE EXCLUDED THE SOFTWARE AND WEB SERVICE (INCLUDING WITHOUT LIMITATION THE RELATED DOCUMENTATION) IS PROVIDED ON AN “AS IS” BASIS, WITHOUT WARRANTY OF ANY KIND, INCLUDING WITHOUT LIMITATION THE WARRANTIES THAT IT IS FREE OF DEFECTS, MERCHANTABLE, FIT FOR A PARTICULAR PURPOSE OR NON-INFRINGING. Subject to liability that cannot be excluded, THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE SOFTWARE AND WEB SERVICE IS BORNE BY END USER. Except for any defects the costs of which cannot be excluded SHOULD THE SOFTWARE OR WEB SERVICE PROVE DEFECTIVE IN ANY RESPECT, END USER AND NOT Webmatics OR ITS SUPPLIERS, LICENSORS OR RESELLERS ASSUMES THE ENTIRE COST OF ANY SERVICE AND REPAIR. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS AGREEMENT. NO USE OF THE SOFTWARE OR WEB SERVICE IS AUTHORIZED HEREUNDER EXCEPT UNDER THIS DISCLAIMER.
LIMITATION OF LIABILITY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL Webmatics OR ITS SUPPLIERS OR LICENSORS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE OR WEB SERVICE, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PERSONAL HEALTH, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER DAMAGES OR LOSSES, EVEN IF ADVISED OF THE POSSIBILITY THEREOF, AND REGARDLESS OF THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT OR OTHERWISE) UPON WHICH THE CLAIM IS BASED. If any damages should be payable to the End User, notwithstanding the terms of this Agreement, the entire liability of Webmatics, its suppliers and Licensors shall not exceed the sum of the fees paid by the End User for use of the Web Service.
GENERAL. This Agreement constitutes the entire agreement between the parties concerning the subject matter hereof. This Agreement may be amended only by a writing signed by both parties. This Agreement shall be governed by the laws of the Australian Capital Territory, Australia. If any provision in this Agreement should be held illegal or unenforceable by a court having jurisdiction, such provision shall be modified to the extent necessary to render it enforceable without losing its intent, or severed from this Agreement if no such modification is possible, and the other provisions of this Agreement shall remain in full force and effect. The controlling language of this Agreement is English. The End User agrees to bear any and all costs of interpreters if necessary. If End User has received a translation into another language, it has been provided for End User’s convenience only. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, shall not waive such term or condition or any subsequent breach thereof. The provisions of this Agreement that require or contemplate performance after the expiration or termination of this Agreement shall be enforceable notwithstanding such expiration or termination. This Agreement shall be binding upon and shall inure to the benefit of the parties, their successors and permitted assigns. The relationship between Webmatics and End User is that of independent contractors and neither End User nor its agents shall have any authority to bind Webmatics in any way. The headings to the sections of this Agreement are used for convenience only and shall have no substantive meaning.
By selecting the radio button above labelled "I accept .." clicking the Submit Agreement button, you assert the following statement: I have read, understood, and accept all the terms and conditions of this software,web service, and agreement.