END-USER AGREEMENT AND LICENSE FOR ANSH LABS APPLICATIONS
IMPORTANT! PLEASE READ THE FOLLOWING LICENSE AGREEMENT BEFORE PROCEEDING WITH REGISTRATION
This End-User License Agreement (‘AGREEMENT’) is a legal agreement between you (either an
individual or a single legal entity) (hereinafter ‘LICENSEE’) and Ansh Labs LLC (‘ANSH’) for the
Ovarian Age Nomogram Application (hereinafter ‘APPLICATION’) which includes certain
ANSH proprietary coding, and may include “online” or electronic documentation, associated
media, and printed materials.
BY OPERATING THE APPLICATION OR INSTALLING, COPYING, OR OTHERWISE USING THE
SOFTWARE PRODUCT OR ANY UPDATE THERETO, YOU AGREE TO BE BOUND BY THE TERMS OF
THIS AGREEMENT AND ANY ACCOMPANYING AGREEMENTS. IF YOU DO NOT AGREE TO THE
TERMS OF THIS AGREEMENT OR ANY ACCOMPANYING AGREEMENTS, DO NOT UTILIZE THE
YOU MUST BE A HEALTHCARE OR LABORATORY PROFESSIONAL IN ORDER TO USE THIS
SERVICE. THE APPLICATION DOES NOT OFFER MEDICAL ADVICE.
THE SERVICE IS PROVIDED FOR EDUCATIONAL PURPOSES ONLY AND IS NOT INTENDED AS
MEDICAL ADVICE OR AS A SUBSTITUTE FOR THE PROFESSIONAL SERVICES OF A LICENSED
PHYSICIAN OR OTHER HEALTH CARE PROVIDER. ANSH DOES NOT PROVIDE MEDICAL ADVICE
AND IS NOT A LICENSED HEALTH CARE PROVIDER. YOU, AS THE ATTENDING PHYSICIAN OR
LABORATORY PROFESSIONAL HAVE PARTICULAR MEDICAL KNOWLEDGE ABOUT YOUR PATIENT
AND HIS/HER HEALTH. YOUR DECISION TO RELY ON ANY INFORMATION YOU OBTAIN IN
CONNECTION WITH YOUR USE OF THE APPLICATION IS AT YOUR SOLE DISCRETION AND RISK.
We reserve the right to change these Terms from time to time, and such changes will become
applicable to you if you continue to use the APPLICATION any time after such changes are
posted on our Website (www.ovarianage.com). Where we believe that any changes are
material, we will notify you through alerts on the APPLICATION Website and/or an email to the
address you have provided us, but regardless of whether you receive such notice, any changes
will become effective if you use the APPLICATION at any time after such changes are published
on this page. We recommend that you visit this page (www.ovarianage.com) periodically to be
sure you are aware of the most recent terms of this AGREEMENT.
If you do not agree to these Terms, do not use any of the APPLICATION, and if you do not wish
to agree to any changes to these Terms, please cease using the APPLICATION and contact us to
terminate your account.
Your Patient’s Privacy
We recognize the importance of protecting the privacy of our users, particularly given the
nature of the information. Collection and management of such information is governed by our
misuse and alteration of the information under our control. Although we make good faith
efforts to store the non-public information uploaded through the APPLICATION or collected by
ANSH in a secure operating environment that is not available to the public, we cannot
guarantee complete security. Although the APPLICATION is hosted on an HIPAA complaint web-
server with active security measures, we cannot and do not guarantee that our security
measures will prevent third party "hackers" from illegally accessing our site and obtaining
access to content or information thereon.
1. SCOPE OF AGREEMENT
No License to Trademarks No license is granted hereunder in connection with any
trademarks or service marks of ANSH or its suppliers.
1.2 This AGREEMENT does not affect any transfer of title in the APPLICATION.
2. SOFTWARE PRODUCT LICENSE GRANT
2.1 ANSH hereby grants LICENSEE, a limited, non-exclusive, license to Use the APPLICATION,
including THIRD PARTY SOFTWARE, only in conjunction with ANSH AMH reagents. You agree
not to use the APPLICATION for any other purpose, or to copy or distribute the content of the
APPLICATION except as specifically allowed in these Terms. You also agree that you have no
right to access, view or alter any source code or object code of APPLICATION or its licensors.
Restrictions LICENSEE agrees that LICENSEE shall not: (a) Copy the APPLICATION to be
installed on any other platform, (b) Sublicense, distribute, disclose or transfer the APPLICATION
in whole or in part, to any third party, (c) Sublicense the APPLICATION, (d) De-compile, reverse-
compile, reverse-engineer, disassemble, or modify the APPLICATION, or any portion thereof, in
any way, (e) Use the APPLICATION, or any portion thereof, for development of any infringing or
Notice The APPLICATION and THIRD PARTY SOFTWARE are protected by copyright laws and
international copyright treaties, as well as other intellectual property laws and treaties. The
SOFTWARE PRODUCT and THIRD PARTY SOFTWARE are licensed to LICENSEE, not sold.
3. APPLICATION LIMITED WARRANTY
Limited Warranty Other than as expressly set out in this AGREEMENT, neither ANSH nor
any of our affiliates make any promises about the Services. We disclaim all warranties express
or implied and all services are provided “as-is”. ANSH makes no commitments about the
reliability, availability, or security of the Services and related transmission of sensitive data
other than that it will use commercially available and reasonable efforts to protect your
Customer Remedies ANSH’s entire liability and your exclusive remedy shall be the
continued or ended use of the APPLICATION.
3.3 ANSH MAKES NO OTHER WARRANTIES OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED,
WITH RESPECT TO THE SOFTWARE PRODUCT, INCLUDING BUT NOT LIMITED TO WARRANTIES
OF FITNESS FOR A PARTICULAR PURPOSE OR MERCHANTABILITY OR THAT THE SOFTWARE
PRODUCT IS NON-INFRINGING. ALL OTHER WARRANTIES ARE EXPRESSLY DISCLAIMED.
WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, ANSH MAKES NO WARRANTIES
THAT THE SOFTWARE PRODUCT WILL MEET YOUR REQUIREMENTS, THAT OPERATION OF THE
LICENSED SOFTWARE PRODUCT WILL BE UNINTERRUPTED OR ERROR FREE OR WILL CONFORM
EXACTLY TO THE DOCUMENTATION, OR THAT ANSH WILL CORRECT ALL PROGRAM ERRORS.
4. LIMITATION OF LIABILITY
LIMITATION OF LIABILITY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN
NO EVENT SHALL ANSH OR ITS SUPPLIERS OR EMPLOYEES BE LIABLE FOR ANY SPECIAL,
INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, WITHOUT
LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF
BUSINESS INFORMATION, OR ANY OTHER PECUNIARY LOSS) ARISING OUT OF THE USE OF OR
INABILITY TO USE THE APPLICATION OR SOFTWARE PRODUCT OR THE FAILURE TO PROVIDE
SUPPORT SERVICES, EVEN IF ANSH HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN ANY CASE, ANSH’S ENTIRE LIABILITY UNDER ANY PROVISION OF THIS AGREEMENT SHALL BE
LIMITED TO THE CONTINUED USE OR TERMINATION OF USE.
5.1 LICENSEE agrees to indemnify and hold harmless ANSH (including its officers, directors,
employees, and agents) and suppliers from and against any claims or lawsuits, including
attorney fees, that arise or result from any negligent, unlawful, or unauthorized use, transfer,
or distribution of the APPLICATION.
6. TERM AND TERMINATION
Term The term of this AGREEMENT and the license granted hereunder shall commence
upon first use of the APPLICATION and shall terminate upon LICENSEE’s discontinued use of the
APPLICATION; provided, however, that this AGREEMENT and the license granted hereunder
shall survive and continue as to the transferee.
Termination This AGREEMENT, the APPLICATION, and the license granted hereunder may
be terminated by ANSH, without prejudice to any other rights, by written email notice to
LICENSEE. In the event of termination by ANSH, ANSH will provide an archive of the LICENSEE’S
database, less the patient identifiable information., upon request.
7. GENERAL PROVISIONS
Entire AGREEMENT This AGREEMENT is the entire AGREEMENT and understanding of the
parties hereto with respect to the APPLICATION, and supersedes all prior oral, written, or other
representations and AGREEMENTS. This AGREEMENT may only be amended in writing by an
authorized agent of ANSH.
7.2 If any provision of this AGREEMENT is held invalid, the offending clause will be modified so
as to be enforceable and, as modified, shall be fully enforced, and the remainder of the
AGREEMENT will continue in full force and effect.
Intellectual Property Rights Any material you transmit to ANSH or otherwise through the
APPLICATION will be treated as non-confidential and non-proprietary. ANSH shall own all
copyrights to any non-identifiable patient data, comments, feedback, suggestions, ideas, forum
posts and other submissions disclosed, submitted, or offered to ANSH in connection with the
use of the Services. You agree that unless otherwise prohibited by law, ANSH may use, sell,
exploit and disclose such materials in any manner, without restriction and without
compensation to you. For example, we may use such materials like non-identifiable patient
data in a number of different ways, including displaying it on the internet, reformatting it,
incorporating it into other works, creating derivative works from it, promoting it, distributing it,
and allowing others to do the same in connection with their own websites and media
Applicable Law This AGREEMENT shall be governed by the laws of the State of Texas.
Survival Sections 2.2, 2.3, 3, 4, 5, and 7 shall survive termination, cancellation or
completion of this AGREEMENT.