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This copy of Craving to Quit® ("the Software Product") and accompanying documentation is licensed
and not sold. This Software Product is protected by copyright laws and treaties, as well as laws
and treaties related to other forms of intellectual property. The application does not contain or
constitute, and should not be interpreted as containing, constituting or substituting for medical
advice and/or opinion. goBlue International or its subsidiaries, affiliates, and suppliers
(collectively "goBlue Labs") own intellectual property rights in the Software Product. The
Licensee's ("you" or "your") license to download, use, copy, or change the Software Product is
subject to these rights and to all the terms and conditions of this End User License Agreement
YOU ACCEPT AND AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT BY SELECTING THE "ACCEPT" OPTION
AND DOWNLOADING THE SOFTWARE PRODUCT OR BY INSTALLING, USING, OR COPYING THE SOFTWARE PRODUCT. YOU
MUST AGREE TO ALL OF THE TERMS OF THIS AGREEMENT BEFORE YOU WILL BE ALLOWED TO DOWNLOAD THE
SOFTWARE PRODUCT. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, YOU MUST SELECT
"DECLINE" AND YOU MUST NOT INSTALL, USE, OR COPY THE SOFTWARE PRODUCT.
This Agreement entitles you to install and use one copy of the Software Product. In addition, you
may make one archival copy of the Software Product. The archival copy must be on a storage medium
other than a hard drive, and may only be used for the reinstallation of the Software Product. This
Agreement does not permit the installation or use of multiple copies of the Software Product, or
the installation of the Software Product on more than one computer at any given time, on a system
that allows shared used of applications, on a multi-user network, or on any configuration or
system of computers that allows multiple users. Multiple copy use or installation is only allowed
if you obtain an appropriate licensing agreement for each user and each copy of the Software
Product. For further information regarding multiple copy licensing of the Software Product, please
THE SOFTWARE PRODUCT IS FOR INFORMATIONAL PURPOSES ONLY. Neither you nor your health care
provider may use the Software Product to diagnose a health problem or disease, or as a means of
determining treatment. Software Product Users are encouraged to share any content with health care
providers, but as a condition of using the Software Product, agree that the only health advice
received will be from your health care provider, and not from or through goBlue Labs, or any of
its principals, officers, directors, employees, contractors or agents.
ALWAYS SEEK THE ADVICE OF A PHYSICIAN OR QUALIFIED HEALTH PROVIDER WITH ANY AND ALL QUESTIONS YOU
MAY HAVE REGARDING A MEDICAL CONDITION. THE SOFTWARE PRODUCT IS NOT INTENDED IN ANY WAY TO BE A
SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE. THE SOFTWARE PRODUCT CANNOT DIAGNOSE, TREAT, CURE, OR
PREVENT ANY DISEASE OR MEDICAL CONDITION. NEVER DISREGARD MEDICAL ADVICE OR DELAY SEEKING SUCH
ADVICE BECAUSE OF SOMETHING ON THE YOUPLUS PLATFORM, ITS CONTENT OR LINKS.
The Software Product does not provide emergency medical or health services or advice. In the
event of an emergency, immediately contact your physician, go to the emergency room of the nearest
hospital, or call for emergency help (e.g., dial 911 where 911 service is available).
goBlue Labs, and its principals, employees, contractors and agents, do not recommend or endorse
any specific tests, physicians, products, procedures, opinions, or other information or content
that may be contained in or linked to from the Software Product.
The Software Product is intended for use by adults only. Neither goBlue Labs nor any of its
principals, employees, contractors or agents are responsible for any use of or exposure to the
Software Product by children.
You assume the sole risk of using the Software Product.
Restrictions on Transfer
Without first obtaining the express written consent of goBlue Labs, you may not assign your
rights and obligations under this Agreement, or redistribute, encumber, sell, rent, lease,
sublicense, or otherwise transfer your rights to the Software Product.
Restrictions on Use
You may not use, copy, or install the Software Product on any system with more than one computer,
or permit the use, copying, or installation of the Software Product by more than one user or on
more than one computer. If you hold multiple, validly licensed copies, you may not use, copy, or
install the Software Product on any system with more than the number of computers permitted by
license, or permit the use, copying, or installation by more users, or on more computers than the
number permitted by license.
You may not decompile, "reverse-engineer", disassemble, or otherwise attempt to derive the source
code for the Software Product.
You may not use the database portion of the Software Product in connection with any software
other than the Software Product.
Restrictions on Alteration
You may not modify the Software Product or create any derivative work of the Software Product or
its accompanying documentation. Derivative works include but are not limited to translations. You
may not alter any files or libraries in any portion of the Software Product. You may not reproduce
the database portion or create any tables or reports relating to the database portion.
Restrictions on Copying
You may not copy any part of the Software Product except to the extent that licensed use
inherently demands the creation of a temporary copy stored in computer memory and not permanently
affixed on storage medium. You may make one archival copy which must be stored on a medium other
than a computer hard drive.
Disclaimer of Warranties and Limitation of Liability
UNLESS OTHERWISE EXPLICITLY AGREED TO IN WRITING BY GOBLUE LABS, GOBLUE LABS MAKES NO OTHER
WARRANTIES, EXPRESS OR IMPLIED, IN FACT OR IN LAW, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED
WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OTHER THAN AS SET FORTH IN THIS
AGREEMENT OR IN THE LIMITED WARRANTY DOCUMENTS PROVIDED WITH THE SOFTWARE PRODUCT.
goBlue Labs makes no warranty that the Software Product will meet your requirements or operate
under your specific conditions of use. goBlue Labs makes no warranty that operation of the
Software Product will be secure, error free, or free from interruption. goBlue Labs, its
principals, employees, contractors and agents make no representations or warranties whatsoever
about: the accuracy, reliability, completeness, or timeliness of the Software Product; YOU MUST
DETERMINE WHETHER THE SOFTWARE PRODUCT SUFFICIENTLY MEETS YOUR REQUIREMENTS FOR SECURITY AND
UNINTERRUPTABILITY. YOU BEAR SOLE RESPONSIBILITY AND ALL LIABILITY FOR ANY LOSS INCURRED DUE TO
FAILURE OF THE SOFTWARE PRODUCT TO MEET YOUR REQUIREMENTS. GOBLUE LABS WILL NOT, UNDER ANY
CIRCUMSTANCES, BE RESPONSIBLE OR LIABLE FOR THE LOSS OF DATA ON ANY COMPUTER OR INFORMATION
UNDER NO CIRCUMSTANCES SHALL GOBLUE LABS, ITS DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS BE LIABLE
TO YOU OR ANY OTHER PARTY FOR INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, PUNITIVE, OR EXEMPLARY
DAMAGES OF ANY KIND (INCLUDING LOST REVENUES OR PROFITS OR LOSS OF BUSINESS) RESULTING FROM THIS
AGREEMENT, OR FROM THE FURNISHING, PERFORMANCE, INSTALLATION, OR USE OF THE SOFTWARE PRODUCT,
WHETHER DUE TO A BREACH OF CONTRACT, BREACH OF WARRANTY, OR THE NEGLIGENCE OF GOBLUE LABS OR ANY
OTHER PARTY, EVEN IF GOBLUE LABS IS ADVISED BEFOREHAND OF THE POSSIBILITY OF SUCH DAMAGES. TO THE
EXTENT THAT THE APPLICABLE JURISDICTION LIMITS GOBLUE LABS'S ABILITY TO DISCLAIM ANY IMPLIED
WARRANTIES, THIS DISCLAIMER SHALL BE EFFECTIVE TO THE MAXIMUM EXTENT PERMITTED.
Limitation of Remedies and Damages
Your remedy for a breach of this Agreement or of any warranty included in this Agreement is the
correction or replacement of the Software Product. Selection of whether to correct or replace
shall be solely at the discretion of goBlue Labs. goBlue Labs reserves the right to substitute a
functionally equivalent copy of the Software Product as a replacement. If goBlue Labs is unable to
provide a replacement or substitute Software Product or corrections to the Software Product, your
sole alternate remedy shall be a refund of the purchase price for the Software Product exclusive
of any costs for shipping and handling.
Any claim must be made within the applicable warranty period. All warranties cover only defects
arising under normal use and do not include malfunctions or failure resulting from misuse, abuse,
neglect, alteration, problems with electrical power, acts of nature, unusual temperatures or
humidity, improper installation, or damage determined by goBlue Labs to have been caused by you.
All limited warranties on the Software Product are granted only to you and are non-transferable.
You agree to indemnify and hold goBlue Labs harmless from all claims, judgments, liabilities,
expenses, or costs arising from your breach of this Agreement and/or acts or omissions.
Data Collection and Usage
GoBlue Labs does not sell any of the personally identifiable information we collect. In the
course of business, we may share your personal information with your employer, plan sponsor, or
health plan, specifically as it relates to your participation in and progression though the
Craving to Quit® program.
Protection of Individually Identifiable Health Information
Under certain circumstances, goBlue Labs may be a business associate to health care providers or
health plans and regardless of status shall make every reasonable effort to comply with the
Privacy and Security Rules under the Health Insurance Portability and Accountability Act of 1996
(HIPAA) the Health Information Technology for Economic and Clinical Health (HITECH) Act of 2009,
and the regulations promulgated thereto. GoBlue Labs seeks to comply with these federal laws as
well as applicable state laws regarding the privacy and security of protected health information.
Any questions or concerns regarding the privacy or security of protected health information on the
goBlue Labs Software shall be reported to the goBlue Labs Privacy Officer immediately at (INSERT
Officer at the following address:
Governing Law, Jurisdiction and Costs
This Agreement is governed by the laws of Delaware, without regard to Delaware's conflict or
choice of law provisions.
If any provision of this Agreement shall be held to be invalid or unenforceable, the remainder of
this Agreement shall remain in full force and effect. To the extent any express or implied
restrictions are not permitted by applicable laws, these express or implied restrictions shall
remain in force and effect to the maximum extent permitted by such applicable laws.
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