Davesa Health, LLC, End-User License Agreement (EULA)

(Last updated: March 12, 2025)

This End-User License Agreement ("Agreement") is entered into between Davesa Health, LLC ("Davesa") and the entity or individual ("User") who accesses or uses Davesa’s cloud-based clinical trial management software ("Software"). By using the Software, User agrees to the terms of this Agreement.

1. License Grant

Davesa grants User a limited, non-exclusive, non-transferable, and revocable license to access and use the Software solely for internal clinical trial management purposes. This license does not grant User ownership of the Software.

Restrictions:

·       The Software may not be used for any unauthorized commercial purposes outside User’s internal business operations.

·       User may not sublicense, rent, lease, sell, distribute, or exploit the Software for third-party use.

·       User may not modify, adapt, reverse-engineer, decompile, or disassemble any part of the Software.

2. Access and Use

·       The Software is provided as a cloud-based service, and User acknowledges that access is contingent upon internet connectivity and system compatibility.

·       Davesa may update, modify, or discontinue features of the Software at its sole discretion.

·       User shall not share login credentials or allow unauthorized access to the Software.

3. Ownership and Intellectual Property

·       Davesa retains all rights, title, and interest in the Software, including all intellectual property rights.

·       Any suggestions or feedback provided by User regarding the Software may be used by Davesa without compensation.

4. Confidentiality

User agrees to keep confidential any proprietary information related to the Software and shall not disclose such information to any third party, except as required by law or with Davesa’s written consent.

5. Data and Privacy

·       User acknowledges that data entered into the Software may be processed in accordance with Davesa’s Privacy Policy.

·       User is responsible for ensuring compliance with all applicable data protection laws.

·       Davesa is not liable for data loss resulting from User’s failure to maintain backups or security measures.

6. Term and Termination

This Agreement remains in effect until terminated by either party.

·       User may terminate the license by ceasing use of the Software and notifying Davesa.

·       Davesa may terminate this Agreement immediately if User violates any terms herein.

·       Upon termination, User must discontinue all access to and use of the Software.

7. Warranty Disclaimer

THE SOFTWARE IS PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND. DAVESA DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

8. Limitation of Liability

·       DAVESA SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING FROM USE OF THE SOFTWARE.

·       DAVESA’S TOTAL LIABILITY UNDER THIS AGREEMENT SHALL NOT EXCEED $500.

9. Compliance with Laws

User agrees to comply with all applicable laws and regulations, including but not limited to U.S. export control laws and data protection regulations.

10. U.S. Government End Users

The Software is classified as "commercial computer software" and is provided to U.S. Government end users only with the rights granted in this Agreement.

11. General Provisions

·       This Agreement is governed by the laws of the State of Delaware.

·       Any disputes shall be resolved in the courts of Fulton County, Georgia.

·       Amendments to this Agreement must be in writing and signed by both parties.

·       If any provision of this Agreement is found invalid, the remaining provisions shall remain in effect.

12. Contact Information

Davesa Health, LLC
1730 Northeast Expressway NE, Atlanta, GA 30329
Email: [email protected]