End User License Agreement (EULA)
Thank you for using MEMOREHAB Products.
This EULA describes the rights, responsibilities, and obligations for us and you when you use MEMOREHAB Products.
You have been invited by the MEMOREHAB Customer to use and access the relevant MEMOREHAB Product pursuant to the terms of this EULA.
Acceptance of Terms
This EULA applies to the use of MEMOREHAB Products when you use a MEMOREHAB Product.
By accessing, using or uploading or downloading any information or materials through the MEMOREHAB Websites, or by indicating your assent to the EULA by creating an account, clicking “sign up” or any similar mechanism, you are agreeing to the EULA terms. If you do not agree to the EULA, do not access or use the MEMOREHAB Products.
If you are agreeing to this EULA as a representative of an entity, you represent that you have the authority to bind that entity and “you” refers to that entity.
The EULA also applies to any updates, supplements, internet-based services, and support services for the MEMOREHAB Products, unless other terms accompany those items on delivery. If so, those terms apply.
We grant a non-transferrable, non-exclusive licence to you to use the MEMOREHAB Product via the MEMOREHAB Websites under the terms of this EULA subject to the following essential conditions:
You must be authorised to use the MEMOREHAB Products by the MEMOREHAB Customer.
You must register your details with MEMOREHAB and create an online account.
You must use the MEMOREHAB Products strictly in accordance with the EULA.
You must use the MEMOREHAB Products for the purpose for the MEMOREHAB Customer’s internal business operations and subject to the user limitations determined by the MEMOREHAB Customer (such as viewing and/or editing selected data).
You must also comply with all reasonable instructions provided by MEMOREHAB in relation to the MEMOREHAB Products at any time.
You must not enable or permit another person to use the MEMOREHAB Products unless you are an AHCP in which case you can permit another person to use the MEMOREHAB Products as an Authorised User pursuant to clause 7 and this EULA.
You must not (unless otherwise stipulated in this EULA):
use the MEMOREHAB Products for the benefit of any third party.
incorporate the MEMOREHAB Products into a product or service you provide to a third party.
reproduce, modify, adapt or create derivative works of any part of the MEMOREHAB Products.
publicly disseminate information regarding the performance of the MEMOREHAB Products.
encourage or assist any third party to do any of the foregoing.
The use of a MEMOREHAB Product is not contingent on the delivery of any future functionality or feature or dependent on any oral or written public comments made by MEMOREHAB regarding future functionality or feature.
Certain MEMOREHAB Products may be subject to additional limitations, restrictions, terms and/or conditions specific to such MEMOREHAB Products (Specific Terms). In such cases, the applicable Specific Terms will be made available to you and your access to, and use of the relevant MEMOREHAB Product will be contingent upon your acceptance of and compliance with such Specific Terms.
You must maintain the confidentiality of all login information. You must immediately notify us of any suspected or actual unauthorised access to or use of the login information.
We reserve our right to discontinue your access to the MEMOREHAB Products (or any Authorised User’s access to the MEMOREHAB Products) without notice if, in our opinion,
your or the Authorised User’s behaviour is deemed inappropriate or is in breach of this EULA; or
we determine that a continued association with you or the Authorised User would materially adversely affect our reputation or fidelity to our mission.
This EULA commences on the date of your acceptance of this EULA and continues until the earlier of any of the following (Term):
the end of the rehabilitation program using a MEMOREHAB Product to which you had been invited to participate by the MEMOREHAB Customer;
the subscription period of the MEMOREHAB Customer expires or ends;
until the MEMOREHAB Customer withdraws your access to the MEMOREHAB Products by written notice to us; and
if this EULA terminates in accordance with clause 14 (Term).
To use any of the MEMOREHAB Products, you:
warrant and represent, if you are an AHCP (i.e. neuropsychologists, psychologists, or occupational therapists) and use MEMOREHAB Products as an AHCP, that you are registered with the Australian Health Practitioner Regulation Agency (AHPRA), and that you will not use the MEMOREHAB Products as soon as you are no longer registered with AHPRA.
must set up an account on the MEMOREHAB Websites for the use of the MEMOREHAB Products by following the process set out on the MEMOREHAB Websites.
provide us with all information as required by the MEMOREHAB Products.
not provide any information that you know is inaccurate, incomplete, misleading, deceptive, or offensive.
promptly notify us in writing of any dissatisfaction, complaint, proceeding or lawsuit against you arising in connection with your use of any MEMOREHAB Product or the MEMOREHAB Websites.
not use any of the MEMOREHAB Websites and MEMOREHAB Products in violation of any applicable law or regulation.
Access to the MEMOREHAB Products
You are responsible for obtaining and maintaining any equipment and ancillary services needed to connect to or access the MEMOREHAB Products or otherwise use the MEMOREHAB Products, including, without limitation, modems, hardware, software, internet service and telecommunications capacity.
You are responsible for ensuring that such equipment and ancillary services are compatible with the MEMOREHAB Products.
Enhancements And Upgrades
MEMOREHAB may from time to time in its absolute discretion provide enhancements and/or upgrades to the MEMOREHAB Products (such as changes or improvements to the functions or performance of any existing MEMOREHAB Product, and new functions or performance equal or superior to the preceding version of any MEMOREHAB Product).
All enhancements and upgrades:
will be taken to be granted by MEMOREHAB to you on a “as is” and “as available” basis and otherwise subject to the same terms as this EULA; and
will be taken to be part of the original grant which entitles you to use the MEMOREHAB Product under clause 2 and subject to this EULA.
This clause only applies if you are an AHCP, in which case:
you may invite various persons to use the relevant MEMOREHAB Products pursuant to the terms of this EULA, provided such person:
is one of your Personnel and at least 18 years old or another Associated Health Care Provider who is your contractor; and
has accepted the terms of this EULA,
you are responsible for compliance with this EULA by all of your Authorised Users, including what Authorised Users do with their access rights, e.g. Your Material, or your Participants’ data, or from adding other Authorised Users, and removing Authorised Users’ access to the MEMOREHAB Products when required, for example if such Authorised User is no longer engaged by you or if the Authorised User’s role has changed which does not require the Authorised User to access the MEMOREHAB Products.
When you make Your Material available to us, you:
agree and acknowledge that you are solely responsible for Your Material.
grant to MEMOREHAB a non-exclusive, non-revocable, sub-licensable, royalty free license to use, modify, adapt or create derivative works, or provide access to, share, store or download such data, and to access Your Material, for the purpose of providing our services to you, and enhance, improve and further develop our products and services.
You must ensure that Your Material, and its collection, use, processing, disclosure via the MEMOREHAB Products:
will not infringe any Intellectual Property Rights of any person; and
complies with all applicable Law (including Privacy Act 1988, where applicable).
For the avoidance of doubt, when you make personnel information (as defined in the Privacy Act 1988) available to us you must comply with the Privacy Act 1988, including but not limited to:
make all disclosures and obtain all consents necessary to allow us to collect, store, use, disclose and otherwise deal with the personal information lawfully in accordance with this EULA.
if you provide us with personnel information of a person under the age of 18 years (Minor), you must ensure you have obtained the express consent of the parent or guardian to the Minor to the collection, storage and process of the personnel information of the Minor by us in accordance with this this EULA;
if you are an AHCP, where sensitive information including health information (in each case defined in the Privacy Act 1988) are provided by you to us, implement sufficient security controls and technological measures to handle and deal with that data in accordance with the applicable privacy laws.
Any Intellectual Property Right that is brought into existence by MEMOREHAB (including any deep learning which arises) as a result of its analysis of Your Material, such as using automated technologies, will vest in MEMOREHAB.
You must defend MEMOREHAB from any and all Claims brought against MEMOREHAB by a third party alleging your violation of a third party’s rights arising from or related to Your Material, including MEMOREHAB’s use of Your Material in connection with any MEMOREHAB Products in accordance with this EULA. You must indemnify MEMOREHAB (including any of its Personnel) for all damages and costs (including reasonable attorneys’ fees) finally awarded by a court of competent jurisdiction, authorised arbitral panel, or paid to a third party in accordance with a written settlement agreement signed by us, in connection with such Claims. This indemnification obligation is subject to your receiving:
written notice of such claim (but in any event notice in sufficient time for you to respond without prejudice);
the exclusive right to control and direct the investigation, defense, or settlement of such claim at your expense; and
all reasonably necessary cooperation of MEMOREHAB at your expense,
provided you provide us with adequate security for all legal and other costs in connection with the defence of the Claim and any related proceedings and paysthese costs as they arise.
If you conduct any litigation you must consult with and keep MEMOREHAB fully informed of any actual or proposed developments in relation to the Claim.
Changes to MEMOREHAB Products
You acknowledge that, from time to time, MEMOREHAB may make changes to anyMEMOREHAB Product, such as changing, adding or removing functions.
Associated Health Care Providers
This clause only applies if you are an AHCP, in which case:
You may grant your Authorised User who is Associated Health Care Provider (AHCP) rights to use MEMOREHAB Products so that such Authorised User has access to any part or all of Your Material and may use the MEMOREHAB Products for deliveringsuitable rehabilitation programs to Participants.
When you grant such Authorised User the rights pursuant to clause 10.1, you have been deemed to have granted to such Authorised User in the Territory, a non- exclusive, non-revocable, royalty free license to use, modify, adapt or createderivative works, or provide access to, share, store or download such data, and to access such data through the MEMOREHAB Products (Authorised User Provider Access).
Once you have provided such Authorised User with Authorised User Provider Access pursuant to clause 7, such Authorised User will be able to access the MEMOREHAB Products including Your Material and any Enriched Material and to collaborate with your other Authorised Users.
Such Authorised User may use the MEMOREHAB Product for the purpose as outlined under clause 10.1 and clause 10.3 and not for purposes unrelated to your internal. business operations, unless otherwise approved by MEMOREHAB in writing.
You are solely responsible for your own products, support offerings and client relationships. Notwithstanding anything to the contrary to this EULA, MEMOREHAB has no direct or indirect warranty, indemnity or other liability or obligations of any kind to your Authorised Use . MEMOREHAB is not responsible for any access to or use of MEMOREHAB Product and Your Material/ Enriched Material by an Authorised User or for the security or privacy practices of any of your Authorised User. You are solely responsible for your decision to permit any Authorised User to use Your Material and/or the Enriched Material.
You acknowledge and agree that MEMOREHAB owns or licenses:
all Intellectual Property Rights in the Websites and MEMOREHAB Products;
any Developed Intellectual Property; and
any Enriched Material.
and nothing in this EULA is intended to transfer ownership of or interest in any Intellectual Property Rights of MEMOREHAB or any third party.
You further agree not to disassemble, de-compile or otherwise reverse engineer the MEMOREHAB Products or MEMOREHAB Websites or otherwise attempt to learn the source code, structure, algorithms or ideas underlying the MEMOREHAB Products orMEMOREHAB Websites.
If You, or any of your Personnel or Authorised User, provides MEMOREHAB with ideas, comments, process descriptions, or suggestions (together Feedback) relating to MEMOREHAB’s business, MEMOREHAB Websites and/or MEMOREHAB Products, all Intellectual Property Rights in that Feedback, and anything created as a result of that Feedback (including new material, enhancements, modifications or derivative works), are owned solely by MEMOREHAB and MEMOREHAB may use or disclose the Feedback (even if such Feedback is Confidential Information) for any purpose, without any compensation to you (or any of your Personnel or Authorised User, as the case maybe) or any restriction or obligation on account of Intellectual Property Rights or otherwise. In relation to any moral rights that may arise by operation of the Copyright Act 1968 (Cth) in respect of any Feedback you must procure that each Personnel or Authorised User irrevocably and unconditionally waives and agrees not to enforce any and all moral rights, including, without limitation any limitation on subsequent modification, to the extent permitted under applicable law.
You agree to indemnify MEMOREHAB fully against all liabilities, costs and expenses which MEMOREHAB may incur as a result of any breach of this clause 11 by you or your Personnel or Authorised User Person.
Nothing in this EULA renders you a partner, legal representative, agent, joint venturer or franchisee of MEMOREHAB.
You must under no circumstances:
represent yourself as an agent or franchisee of MEMOREHAB for anypurpose;
make any representations on behalf of MEMOREHAB that are inconsistent with any representations authorised by MEMOREHAB in writing; or
commit MEMOREHAB to any contract.
You agree not to engage in any deceptive, misleading, illegal, or unethical practices that may be detrimental to MEMOREHAB or its products and agree to comply with all applicable Laws and regulations while operating under this EULA. You further agree to comply with all applicable export and import laws and regulations, including UK embargo and sanctions regulations and prohibitions on export for certain end uses or to certain users.
Nothing in this EULA excludes, restricts or modifies the application of any legislationwhich by law of any jurisdiction cannot be excluded, restricted or modified. Without limiting the foregoing, where you are considered a “consumer” within the meaning of the Australian Consumer Law (ACL), MEMOREHAB gives the guarantees to the extent required by the ACL (Consumer Guarantees) with respect to the MEMOREHAB Products.
Subject to this clause 13.1 and any other rights and remedies (including under the Consumer Guarantees) you may have under applicable Law which cannot be excluded, to the extent permitted by law all representations, warranties, guarantees, terms and conditions which would otherwise be implied in or imposed on this EULA in connection with any MEMOREHAB Product or otherwise relating to the performance of its obligations under this EULA are excluded.
Without limiting the generality of clause 13.1 and to the extent permitted by law:
MEMOREHAB will not be liable to you for any direct, special, indirect or consequential loss of damage, any loss of profit or opportunity, any business interruption or loss of business information arising out of or relating to this EULA, including claims arising out of the use or not being able to use or any defect in the MEMOREHAB Product, malware or any claims arising out of any reliance on the content of the MEMOREHAB Product, whether at common law, under contract, tort (including negligence), in equity, pursuant to statueor otherwise; and
MEMOREHAB’s liability for any claim arising out of or about this EULA is limited, at its option, to the re-supply of the relevant goods or services or, where applicable, the payment of the cost of re-supplying the relevant goods or services.
You acknowledge and agree that, to the extent permitted by Law (and without limiting the generality of clause 13.1), the MEMOREHAB Products are made available "as is," and MEMOREHAB makes no representation, warranty or guarantee:
that the MEMOREHAB Products will operate in combination with any other hardware, software, platform, or Your Material;
that the MEMOREHAB Products will meet your requirements or expectations;
that the MEMOREHAB Products, and information extracted from them, will be accurate, free from defects, bugs, errors or omissions, or that any of Your Material input into the MEMOREHAB Products will not be lost or corrupted; or
in relation to non-infringement, title, fitness for a particular purpose, functionality, availability or merchantability.
MEMOREHAB uses reasonable endeavours to ensure that the MEMOREHAB Products are free of viruses or other harmful components but cannot guarantee they will befree from unknown viruses and other harmful components.
MEMOREHAB will not be liable for delays, interruptions, service failures and other problems inherent in use of the internet and electronic communications or other platforms outside the reasonable control of MEMOREHAB.
MEMOREHAB may modify or suspend your access to MEMOREHAB Products entirely at any time. Any such modification or suspension will be to the minimum extent and for the shortest duration required to:
prevent or terminate an offending use of the MEMOREHAB Products;
comply with applicable Law.
If MEMOREHAB exercises its right under clause 14.1, MEMOREHAB has no liability to you for removing or deleting Your Material.
Each party may terminate the applicable subscription for the use of MEMOREHAB Products by notice if the other party breaches a material provision of this EULA and fails to remedy the breach within 14 days of notice from, or the other party breaches any provision of this EULA that is irremediable, or that party repeatedly breaches any provision of this Agreement. Instead of termination under this clause, we may, by giving written notice to you, permanently or temporarily suspend you for any definite or indefinite period to use the MEMOREHAB Products.
Notwithstanding clause 15.1,:
MEMOREHAB may terminate the applicable subscription at any time without notice if you engage in a material breach of this EULA, which includes:
any beach under Clause 11 (Intellectual Property), clause 13 (Disclaimer), and clause 8 (Your Material);
subscription fees are due and unpaid;
if, in MEMOREHAB’s reasonable opinion, you provided us with false and/or misleading information;
if, in MEMOREHAB’s reasonable opinion, you misuse the MEMOREHAB Products for a purpose other than for which they are intended to beused for;
are in breach of the Privacy Act 1988 (including any of the Australian Privacy Principles (APPs));
refuse to carry out a request by us to verify the authenticity of any AHPRA registration;
that a continued association with you would in our reasonable opinion materially adversely affect our reputation or fidelity to our mission; or
if MEMOREHAB has been put on notice about any dissatisfaction, complaint, proceeding or lawsuit against you arising in connection with your use of the MEMOREHAB Products.
MEMOREHAB may terminate the applicable subscription for the use of MEMOREHAB Products where reasonably necessary to protect MEMOREHAB’s legitimate commercial interests or at any other time for MEMOREHAB’s convenience, in MEMOREHAB’s absolute discretion.
If MEMOREHAB terminates the applicable subscription for the use of MEMOREHAB Products under clause 15.2(b), MEMOREHAB will provide you with at least one- month prior written notice.
Unless otherwise stipulated under this EULA and subject to paragraph (c), all rights and obligations of the parties cease to have effect immediately upon termination the applicable subscription for the use of MEMOREHAB Products except that terminationwill not affect:
the accrued rights and obligations of the parties at the date of termination;and
the continued existence and validity of the rights and obligations of the parties under those clauses which are expressed to survive termination and any provisions of this EULA necessary for the interpretation or enforcementof this EULA.
Clause 11 (Intellectual Property), clause 13 (Disclaimer), and clause 8 (Your Material) which will survive termination of this EULA.
Upon termination of the applicable subscription for the use of MEMOREHAB Products you must destroy all Confidential Information in your possession and certify destruction to MEMOREHAB’s reasonable satisfaction (unless MEMOREHAB requests that you return such materials to it.
In no case will any termination of the applicable subscription for the use of MEMOREHAB Products give rise to any liability by one party against the other party for refunds or damages. Termination will not, however, relieve either party ofobligations incurred prior to the effective date of the termination.
Subject to clauses 16.2 and 16.3, each party must not disclose Confidential Information of the other party.
A party may only disclose Confidential Information of the other party:
to persons who control, or are controlled by, the party within the meaning of the Corporations Act, and the employees, professional advisors of such persons, in each case under corresponding obligations of confidence as imposed by this clause and only where such persons, employees, legal advisors or consultants of such persons have a need to know suchinformation in connection with this EULA;
in enforcing this EULA or in a proceeding arising out of or in connection with. this EULA; or
to the extent required by Law or pursuant to a binding order of a government agency or court.
MEMOREHAB may disclose Confidential Information to the extent necessary in connection with a capital raising, financing, or transfer or divestiture of all or a portion of its business, or otherwise in connection with a merger, consolidation, change in control, reorganisation or liquidation of all or part of MEMOREHAB’s business, but will use reasonable efforts to minimise the scope of such disclosure.
Change of terms
MEMOREHAB reserves its right to amend this EULA at any time.
Your continued use of any MEMOREHAB Products constitutes your acceptance of such amendments to this EULA.
MEMOREHAB also uses reasonable efforts to notify you of these amendments through communications using the MEMOREHAB Website or other forms of communication. You should familiarise yourself with the amended terms of this EULA and check for updates regularly.
The MEMOREHAB Products may be reviewed and updated from time to time. The MEMOREHAB Products are further described on the MEMOREHAB Website.
You must not assign, transfer or novate, directly or indirectly, any of the rights or obligations under this Terms without our prior written consent (such consent not to be unreasonably withheld). Any attempt to make any such assignment without our consent shall be null and void. We may assign, transfer or novate this EULA without your consent. We may at any time assign, novate or otherwise dispose of or deal with our rights and obligations under this EULA by notice in writing to you and you give us prospective authority to a future assignment and/or novation to beeffectuated by us unilaterally.
Each party must promptly execute all documents and do all other things reasonably necessary or desirable to give effect to the arrangements recorded in this EULA.
Neither this EULA nor any part of it is to be construed against a party on the basis that the party or its lawyers were responsible for its drafting.
A right created by this EULA cannot be waived except in writing signed by the party entitled to that right. Delay by a party in exercising a right does not constitute a waiver of that right, nor will a waiver (either wholly or in part) by a party of a right operate as a subsequent waiver of the same right or of any other right of that party.
Each party must promptly execute all documents and do everything necessary or desirable to give full effect to the arrangements contained in this EULA.
If any clause or part of any clause is in any way unenforceable, invalid or illegal, it is to be read down so as to be enforceable, valid and legal. If this is not possible, the clause (or where possible, the offending part) is to be severed from this EULA without affecting the enforceability, validity or legality of the remaining clauses (orparts of those clauses), which will continue in full force and effect.
The expiration or termination of this EULA does not affect any right that has accrued to a party before the expiration or Termination Date.
This EULA may be executed in any number of counterparts. All counterparts taken together constitute one instrument.
Each party must pay its own legal costs and disbursements in connection with the negotiation, preparation, execution and carrying into effect of this EULA.
This EULA and, to the extent permitted by law, all related matters, including non- contractual matters, are governed by the laws of New South Wales and of the Commonwealth of Australia applying there. In relation to such matters, each party irrevocably accepts the non-exclusive jurisdiction of courts with jurisdiction there and waives any right to object to the venue on any ground.
Definitions and interpretations
In this EULA, unless the context requires:
Associated Health Care Provider or AHCP means a duly AHPRA registered health care provider (e.g. neuropsychologist, psychologist, and occupational therapist) in good standing who is engaged by you as an employee or contractor and therefore part of your organisation or a student under the supervision of an AHCP.
Authorised User has the meaning given to it under clause 7.
Claims means claims, demands, suits, actions, damages, liabilities, losses, penalties, costs and expenses, proceedings, including any attorney and court expenses.
Confidential Information means all information of a confidential or proprietary nature, in any form whether tangible or not, disclosed or communicated by a party to the other, or learnt or accessed by, or to which the other party is exposed as a result of entering into this EULA. Specifically, MEMOREHAB’s Confidential Information includes any performance information relating to the MEMOREHAB Products will be deemed Confidential Information of MEMOREHAB without any marking or further designation, the design, specification and content of the MEMOREHAB Products including any source codes, MEMOREHAB’s personnel information, operational and other policies, project documentation, proposals, or other development documentation, including any specification, or business strategies, and the terms of this EULA, including the fees and information relating to MEMOREHAB’s pricing.Confidential Information does not include information which is:
already known to the other party; or
received by the other party from a third party not under a duty of confidence; or
independently developed by the other party.
Developed Intellectual Property means any Intellectual Property Rights arising from any work done by or for MEMOREHAB on your behalf in connection with the MEMOREHAB Products, including the development of any portals used by you to access the MEMOREHABProducts.
Enriched Material means any material including Your Material which has been modified and/or enriched with additional information by users of the MEMOREHAB Products.
Intellectual Property Rights Rights means any intellectual and industrial property rights throughout the world, including in respect of copyright (including future copyright and rights in the nature of or analogous to copyright), moral rights, inventions (including patents), trademarks, service marks, designs and circuit layouts, whether or not now existing and whether or not registered or registrable, and includes any right to apply for registration of such rights and includes all renewals and extensions and any other intellectual property rights as defined in Article 2 of the World Intellectual Property Organisation Convention of 1967, and any trade dress, get-up, design, look, feel and functionality of the MEMOREHAB Websites and MEMOREHAB Products, MEMOREHAB’s internet domain name registrations, MEMOREHAB’s trade secrets and know-how.
Law means all applicable laws, including rules of common law, principles of equity, statutes,regulations, proclamations, ordinances, by laws, rules, regulatory principles, requirements and determinations, mandatory codes of conduct and standards, writs, orders, injunctionsand judgments.
MEMOREHAB means MEMO Memory Rehabilitation Pty Ltd ACN 653957834.
MEMOREHAB Customer means the person who has entered into a software as a service agreement with MEMOREHAB for the use of any MEMOREHAB Products and who has invited you to access the relevant MEMOREHAB Products pursuant to the terms of thisEULA.
MEMOREHAB Data means any material and/or data derived by MEMOREHAB from Your Material during operation and usage of all aspects of the MEMOREHAB Products.
MEMOREHAB Products means the hosted products and services offered by MEMOREHAB as described on the MEMOREHAB Websites (as amended from time to time), accessible bylogin through the MEMOREHAB Websites.
MEMOREHAB Websites means memorehab.com.au and app.memorehab.net, and any and all associated sites linked to memorehab.com.au and app.memorehab.net (in each case as amended from time to time).
Participant means a AHCP’s patient or any other person that participates in a rehabilitation program using a MEMOREHAB Product by your invitation.
Personnel means employees, officers, directors, agents, and contractors.
Territory means Australian.
Termination Date means the date that this EULA are terminated.
Term has the meaning given to it under clause 3.
You means the person that has accepted this EULA, and Your has a corresponding. meaning.
Your Material means any and all data or other material made available to us in connection with any MEMOREHAB Product or otherwise in connection with the use of the MEMOREHAB Websites, by, on your behalf, or at your request.
In this EULA, unless the context otherwise requires:
a reference to this EULA or any other document includes the document, asnovated, amended, supplemented, varied or replaced from time to time;
words denoting any gender include all genders;
“includes”, “including” and similar expressions are not words of limitation;
where any word or phrase is defined in this EULA, any other grammatical form of that word or phrase will have a corresponding meaning;
a reference to this EULA, a document or another instrument includes anyvariation or replacement of either of them;
a reference to a statute, ordinance, code or other law includes regulations and other instruments under it and consolidations, amendments, re- enactments or replacements of any of them;
the singular includes the plural and vice versa;
a reference to a person includes a corporation, trust, partnership, unincorporated body or other entity, whether or not it comprises a separatelegal entity.
a reference to a person includes a reference to the person’s executors, administrators, successors, substitutes (including, but not limited to, personstaking by novation) and assigns;
if a period of time is specified and dates from a given day or the day of an actor event, it is to be calculated exclusive to that day; and
a reference to a day is to be interpreted as the period of time commencing at midnight and ending 24 hours later.