SOFFI® End User License Agreement

If you (the User, which shall include the user entity and its employees and agents which are to be bound by this EULA, and thereby are Authorized Users) buy, download, or use the Provider’s SOFFI® software or, the SOFFI® materials (which shall include the charts, brochures, instructions, videos, parent teaching materials to include posters, handouts and electronic media, as well as mentoring materials), you (the User and your Authorized Users) are agreeing to abide by the restrictions of this End User License Agreement ("EULA”).  We reserve the right to alter or modify the EULA at any time.  Amended terms are effective upon being posted.  You should, therefore, review this Agreement from time to time.  Your access and use of this website after the effective date of amended terms means that you have accepted the amended terms.  This Agreement cannot be otherwise amended except in writing signed by both you and the Provider.  If the User or its Authorized Users don’t, or can‘t, agree to these rules, then the User must not buy, download, install, or use the SOFFI® software or the SOFFI® materials.  By agreeing to this EULA the User agrees to all parts of this document, so please read through it carefully.

  1. COPYRIGHT & TRADEMARKS:

 

All of the content included on this website, including the text, graphics, logos, icons, videos, pdf’s software, screens and configurations, is the property of SOFFI® and is protected by U.S. and international copyright and trademark laws.  All software used on this website is the property of Provider or its software suppliers and is also protected by U.S. and international copyright laws.  You do not acquire any ownership rights by printing accessing, using, or downloading any information or using this website.  Any use of the content or software on this website other than as set forth below in Section 3, including reproducing, modifying, distributing, transmitting, replicating or public exhibition is strictly prohibited.

  1. As copyright holder, the provider of the SOFFI® software, the SOFFI® materials from this website retains and reserves all copyright rights in the website and its content and trademark rights in the SOFFI® trademark except as specified in this license or as set forth in the SOFFI® Subscription Agreement if applicable.

 

  1. User is allowed to:
  • Subscribe to, pay for and download a copy of the SOFFI® software and any SOFFI® materials from this website but only for the uses contemplated by this EULA.
  • Use of the SOFFI® software and the SOFFI® materials in the context of training of Authorized Users and working directly with patients and their families, including providing parents with copies of handouts and other take-home parent instructions.

 

  1. Activities related to the SOFFI® software, but which the User is not allowed to perform, include but are not limited to:
  • Copy the SOFFI® software, the SOFFI® materials, or the SOFFI® algorithm from any other source.
  • Distribute the SOFFI® software, the SOFFI® algorithm or the SOFFI® materials to other persons, organizations, websites, web services, posting on the internet or any nature other than the User’s secure network file repositories, for any purpose other than the approved by this agreement.
  • Produce any derivative works, including but not limited to SOFFI® Software, SOFFI® Materials, or SOFFI® algorithms, presentations, or classes.
  • Make commercial use of the SOFFI® software, SOFFI® materials, or SOFFI® algorithm in any way.  As an example, User may not sell, license, copy, display or host the SOFFI® software or any SOFFI® materials from this website or otherwise offer the SOFFI® software or SOFFI® material as a service or provide copies to third parties, parties who are not User’s patients, or use it in commercial offering, other than the use by Authorized Users working with patients.
  • Use the SOFFI® software, SOFFI® materials, to make money other than in the context of treatment of User’s patients.  As an example, User may not use the SOFFI® software, SOFFI® materials in consulting context.
  • Allow Non-Authorized User access to the SOFFI® software or SOFFI®  materials, other than the provided handouts for patients and families of patients.
  • You may not upload any destructive programs such as viruses and/or self-replicating code or take any other actions to harm this Web site.
  • You may not send unsolicited e-mail messages, including junk mail and chain letters, to any other user of this Web site.
  • You may not solicit passwords or other personal information from any other uses of this Web site.

 

  1. Any use of this SOFFI® software or SOFFI® materials, for purposes other than training of Authorized Users or counseling of User’s patients, without the express written permission of the copyright holder and the provider of the SOFFI® software and SOFFI® materials is forbidden.

 

  1. DISCLAIMERS:  THIS WEBSITE IS PROVIDED BY PROVIDER ON AN “AS IS” BASIS AND THE USE OF THIS WEBSITE IS ENTIRELY AT YOUR OWN RISK.  WEBSITE MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE, THE INFORMATION, CONTENT, MATERIALS, PRODUCTS OR SERVICES INCLUDED ON THIS SITE, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND THE STATUTORY WARRANTY AGAINST NON-INFRINGEMENT.  NO ORAL ADVICE OR WRITTEN INFORMATION GIVEN BY WEB SITE OR ITS EMPLOYEES OR REPRESENTATIVES, WILL CREATE A WARRANTY AND YOU MAY NOT RELY ON ANY SUCH INFORMATION OR ADVICE.  THIS SECTION SHALL SURVIVE ANY TERMINATION OF THIS AGREEMENT.

 

  1. LIMITATION OF LIABILITY:  NEITHER PROVIDER NOR ANY OF ITS REPRESENTATIVES, AFFILIATES, LICENSORS OR CONTENT PROVIDERS SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF THE SERVICES OR TRANSACTIONS THROUGH THIS WEBSITE OR THE INABILITY TO GAIN ACCESS TO THIS WEBSITE.  YOU AGREE THAT, IN NO EVENT SHALL PROVIDER OR ITS OFFICERS, DIRECTORS, OWNERS, INDEPENDENT CONTRACTORS, EMPLOYEES, AGENTS, LICENSORS OR AFFILIATES BE LIABLE, AND YOU RELEASES ALL SUCH PERSONS FROM ANY LIABILITY, DIRECTLY OR INDIRECTLY, TO YOU FOR ANY LOSS, DAMAGE, LIABILITY OR EXPENSE ARISING OUT OF OR RELATED TO THE USE OF THIS WEBSITE OR THE USE OF THE SERVICES THROUGH THIS WEBSITE REGARDLESS OF WHETHER SUCH LOSS, DAMAGE, LIABILITY OR EXPENSE RESULTS DIRECTLY OR INDIRECTLY FROM WEB SITE NEGLIGENCE.  IN ANY EVENT, WEB SITE’S LIABILITY TO YOU IS LIMITED TO $100.00.  THIS SECTION SHALL SURVIVE ANY TERMINATION OF THIS AGREEMENT.

 

 

  1. OUR LIABILITY

 

When you , the User, obtains or uses a copy of the SOFFI® software or SOFFI® material, it is provided ‘as is.’  Updates and upgrades to the SOFFI® software are also provided ‘as is.’  The Provider and its Principals are not liable for any use of the SOFFI® software or SOFFI® materials by the User.  The software is not intended to make clinical decisions.  Rather, the software is designed to be used by the professional caregiver to reflect upon their clinical decisions and evaluate the evidence to support their decisions during a feeding.  In light of this, you, the User, accept sole responsibility for your clinical decisions related to your clinical practice irrespective of the use of the software, and agree to hold the software Provider and its Principals harmless in any actions against the user, legal or otherwise.

 

 

  1. TERMINATION:

 

At its own discretion, the Provider can terminate this EULA if the User breaches the license terms.  The User can terminate the license at any time. All that is required to terminate the license is to uninstall the software from the User’s computers, and delete any and all backup copies of SOFFI® materials.  If the EULA is terminated, the User will no longer be allowed to use the SOFFI® software or SOFFI® materials.  The paragraphs about "Ownership,” and “Liability” will continue to apply even after the EULA is terminated.

 

 

  1. APPLICABLE LAW AND JURISDICTION:

 

This Agreement shall be construed and governed by the laws of the State of Colorado and United States of America without regard to their choice of law provisions  and not by the application of choice of law principles or the laws of any other state or country.  You agree that the federal and state courts located in Denver, Colorado, United States of America shall have exclusive jurisdiction and venue over any action brought to enforce the rights and obligations in or arising from this Agreement and each of the parties irrevocably submits to the jurisdiction of such courts.

 

 

  1. ENTIRE AGREEMENT; NON-SEVERABILITY:

 

This Agreement constitutes the entire agreement between you and Provider and supersedes all prior agreements and understandings, whether written or oral, other than subscription, certification or membership agreements with Provider, with respect to the subject matter of this Agreement.  In the event the User has a subscription, certification or membership agreement with Provider that conflicts with this EULA, then the subscription, certification or membership agreement or agreements shall control as to those conflicting provisions.  If any term, provision, covenant or restriction of this Agreement is held by a court of competent jurisdiction or other authority to be invalid, void, unenforceable or against public policy, the remainder of this Agreement shall remain in full force and effect and the unenforceable portion will be construed in accordance with applicable law as nearly as possible to reflect the original intentions of the parties.