END USER LICENSE AGREEMENT (EULA)
Last Updated: August 4, 2025
IMPORTANT NOTICE:
PLEASE READ THIS EULA CAREFULLY. THIS LEGAL DOCUMENT EXPLAINS YOUR RIGHTS AND OBLIGATIONS PERTAINING TO THE USE OF THIS WEBSITE AND/OR THE USE OF ONLINE FEATURES.
BY PURCHASING, DOWNLOADING, USING, ACCESSING THIS WEBSITE AND/OR ACCESSING OR USING ONLINE FEATURES (COLLECTIVELY "USE"), YOU REPRESENT AND WARRANT THAT (I) YOU ARE AWARE OF THE WEBSITE’S AGE SUITABILITY, (II) YOU ARE THE MINIMUM AGE FOR THE WEBSITE, AND (III) YOU ACKNOWLEDGE AND AGREE THAT YOU HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND COMPLETELY BY THIS END USER LICENSE AGREEMENT (HEREINAFTER “AGREEMENT”).
THE TERMS OF THIS AGREEMENT ALSO INCLUDE THE FOLLOWING:
(A) AS SET OUT IN THE [PRIVACY POLICY]; (B) AS SET OUT IN THE [TERMS AND CONDITIONS]; (C) AS SET OUT IN THE [CODE OF CONDUCT]; AND
EACH AS AMENDED FROM TIME TO TIME, AND INCORPORATED INTO THIS AGREEMENT BY REFERENCE.
ACCEPTANCE OF THIS AGREEMENT MEANS THAT YOU ALSO AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF SALE OF THE STORE FROM WHICH YOU PURCHASED THE WEBSITE OR ACTIVATED YOUR KEY (THE “CONDITIONS OF USE”).
IF YOU ARE USING THE WEBSITE IN THE UNITED STATES, PLEASE READ SECTION 13 CAREFULLY, AS IT REQUIRES YOU AND INTELLIGEN TECHNOLOGY TO ARBITRATE CERTAIN DISPUTES AND CLAIMS AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM INTELLIGEN TECHNOLOGY.
IF YOU DO NOT AGREE TO THIS AGREEMENT, DO NOT USE THIS WEBSITE. IF YOU CHOOSE NOT TO AGREE, YOUR RIGHT TO CANCEL TRANSACTIONS AND/OR RECEIVE REFUNDS SHALL BE GOVERNED BY THE CONDITIONS OF USE, EXCEPT IN THE EVENT THE WEBSITE IS DEFECTIVE.
INTELLIGEN TECHNOLOGY CO., LTD. (HEREINAFTER “INTELLIGEN TECHNOLOGY,” “WE,” “US” OR “OUR”) RESERVES THE RIGHT TO MODIFY, ALTER, AMEND OR UPDATE THIS AGREEMENT AT ANY TIME IN ITS SOLE DISCRETION BY PUBLISHING THE MODIFIED VERSION ON THE WEBSITE. IF ANY MODIFICATION TO THIS EULA IS UNACCEPTABLE TO YOU, YOU MAY TERMINATE THIS EULA AND MUST CEASE USING THE WEBSITE.
YOUR CONTINUED USE OF THE WEBSITE FOLLOWING INTELLIGEN TECHNOLOGY’S PUBLICATION OF SUCH MODIFICATION, ALTERATION, AMENDMENT OR UPDATE TO THE WEBSITE AND THIS AGREEMENT WILL CONSTITUTE YOUR ASSENT TO ANY SUCH MODIFICATIONS, ALTERATIONS, AMENDMENTS OR UPDATES OF THE WEBSITE AND THE AGREEMENT. ANY DOWNLOADABLE CONTENT PROVIDED BY INTELLIGEN TECHNOLOGY IS ALSO SUBJECT TO THIS AGREEMENT AND CONFORMS TO THE DEFINITION OF “WEBSITE” ABOVE.
IN THE EVENT THAT AN ACTIVATION KEY IS REQUIRED TO INSTALL THE WEBSITE AND/OR ACCESS ANY ONLINE FEATURES, INTELLIGEN TECHNOLOGY IS NOT RESPONSIBLE FOR REPRODUCING OR REPLACING SUCH ACTIVATION KEY, AND THE PURCHASER IS SOLELY RESPONSIBLE FOR SAFEGUARDING IT. INTELLIGEN TECHNOLOGY IS NOT RESPONSIBLE FOR REPLACEMENTS IN THE EVENT OF A LOST OR STOLEN ACTIVATION KEY.
1. STATEMENTS
1.1. You are responsible under the terms of this EULA when using the Website on or through any device, whether or not that device is owned by you. If you are using a device you do not own to use the Website, you should obtain consent from the device owner. You and the owner of any device may be charged by your and the device owner’s service provider for internet access on the device.
1.2. The Website and/or online services may contain links to other third-party websites. These websites are not under the control of IntelliGen Technology, and we are not responsible or do not endorse their content, privacy policies, or data security measures. You should make your own judgment calls regarding your interaction with these third-party websites, including the purchase and use of any products or services through them.
1.3. Disclaimer: This disclaimer applies to the AI image conversion and 3D image display system "Anatomy Cloud" provided by IntelliGen Technology Co., Ltd. (hereinafter referred to as "IntelliGen Technology") for all users and medical practices between doctors and patients.
(a) Nature of Medical Practice: While Anatomy Cloud's AI conversion and image display provide visual references, these images are for informational and assistive purposes only and should not replace the opinions of any healthcare professionals. Final medical decisions and operations should be based on the doctor's professional judgment and clinical experience.
(b) Usage Behavior: Anatomy Cloud is only used to assist users in education and doctor-patient communication. Any use beyond this scope is unauthorized and users are responsible for the risks.
(c) Data and Privacy: This platform is committed to protecting user data privacy and complies with applicable data protection regulations (such as GDPR, HIPAA, etc.). Users must ensure that the data uploaded to this platform has been legally authorized and complies with local medical privacy regulations. This platform is not responsible for unauthorized data uploads. Although we use encryption technology and security measures to protect data, we cannot guarantee 100% security of data transmission and storage. Users should evaluate and assume the risks arising from data access or disclosure.
(d) Accuracy and Technical Limitations: Anatomy Cloud uses advanced artificial intelligence technologies (such as deep learning, image omics) for image conversion and analysis, but there may still be technical limitations such as algorithm errors, inaccurate image segmentation, and model generalization issues. The results of this platform may be limited by factors such as image quality, equipment specifications, and data sources. Do not use the results provided by this platform as the final diagnostic basis. This platform is not liable for any direct, indirect, incidental, or consequential damages resulting from the use or inability to use this system, including but not limited to data errors, diagnostic delays, system failures, and data loss.
(e) Third-Party Technology and Integration: This platform may integrate with third-party software (such as MONAI Label), cloud computing services (such as NVIDIA, AWS), or medical information systems (such as HIS/PACS), but we are not responsible for the availability, accuracy, or security of these third-party technologies. Users should review and comply with the terms of use of third-party technologies. This platform is not responsible for any losses caused by changes, terminations, or security vulnerabilities of third-party services.
(f) Consideration of Individual Patient Differences: Please note that individual patient differences may affect the outcome of medical decisions. While Anatomy Cloud's AI conversion and image display can aid in visualization, it does not guarantee the accuracy, completeness, or timeliness of information for actual treatment or diagnostic outcomes in all situations. Any actions taken in reliance on this information are at the user's own risk.
(g) Limitation of Liability: IntelliGen Technology and Anatomy Cloud are not liable for medical decisions or operational outcomes made by physicians based on the 3D images they provide. When using Anatomy Cloud's AI conversion and display of 3D images, physicians should fully consider the patient's condition, medical history, clinical status, and other relevant factors.
(h) Service Availability and Technical Support: Anatomy Cloud is a website that provides services over the internet. Due to force majeure events such as user-side network or power conditions, the system may experience service interruptions or failures. IntelliGen Technology is not responsible for any losses or damages incurred by users as a result. Anatomy Cloud does not guarantee 100% failure-free operation of the service and may be affected by system maintenance, technical updates, server issues, force majeure, and other factors. The platform will endeavor to provide technical support but is not liable for the impact of system interruptions, data loss, calculation errors, or unpredictable technical issues.
(i) Legal Regulations and Liability Limitations: Users shall comply with applicable laws, regulations, and medical ethical guidelines when using Anatomy Cloud to ensure that medical decisions and operations comply with legal requirements and obtain necessary approvals. Physicians are solely responsible for all their actions when using Anatomy Cloud, including but not limited to compliance with laws and regulations, protection of personal privacy and data security. IntelliGen Technology is not responsible for any losses or damages caused by users' unauthorized or illegal use of this service. To the extent permitted by applicable law, the platform's liability for any damages resulting from the use or inability to use Anatomy Cloud shall be limited to the service fees paid by the user (if applicable).
(j) Other Statements: This statement does not represent IntelliGen's waiver of its legal rights, nor does it preclude IntelliGen from taking legal protective actions in the future.
(k) Terms Changes and Final Interpretation Rights: Anatomy Cloud reserves the right to modify or update this disclaimer at any time, and users should periodically review the latest version. Continued use of this platform constitutes acceptance of the latest version of the terms. The final interpretation right of this disclaimer belongs to the Anatomy Cloud team. (l) Agreement to Terms: Before using this product, users should carefully read, understand, and accept the contents of this disclaimer. Use of this product indicates that you have read, understood, and agreed to all the terms of this statement.
2. LICENSE PERMISSION AND SCOPE
2.1. Subject to your compliance with the terms of this Agreement, we grant you a personal, non-transferable, non-exclusive, revocable, and limited license to use the Website. We permit you to:
(a) Load and use the Website on a single device in your custody and control for your private and domestic use;
(b) Transfer the Website from one such device to another; provided that the Website is only used on one device at any one time, and any device using the Website is in your custody and control when the Website is in use.
2.2. All rights not expressly granted in this Agreement are reserved to IntelliGen Technology and its licensors to the fullest extent permitted by law. The rights to use the Website under this Agreement are subject to strict compliance with the terms and conditions contained in this Agreement at all times. For the avoidance of doubt, the Website is licensed to you for use, not sold.
3. LICENSE LIMITATIONS
You are not authorized to:
(a) Load the Website onto a network server for access to one or more other devices on that network or to effect such loading;
(b) Rent, lease, sub-license, loan, exploit for profit or gain, copy, modify, adapt, merge, translate, reverse engineer, decompile, disassemble the Website, or create derivative works based on the Website in whole or in part, or use, copy, publish, translate, broadcast, publicly perform, store in a retrieval system, or otherwise handle the Website or any part thereof in any way, except as expressly permitted by this EULA and expressly permitted by applicable law;
(c) Use cheats, automation software, hacks, mods, or any other unauthorized software designed to modify or interfere with the Website experience; or to disable and circumvent any security, anti-tamper or anti-cheat functionality contained in the Website;
(d) Use any unauthorized software to intercept or collect information from or through the Website or any online features, including any information about other people or about the Website environment;
(e) Unless expressly authorized by IntelliGen Technology, sell, trade, or otherwise transfer any account, in-Website virtual currency or items for real-world currency, or use such content for gambling or any illegal purpose;
(f) Use any robot, spider, scraper, or other automated or manual means to access the Website or any online features, or copy and/or scrape any content or information of the Website or any online features;
(g) Use the Website (or any part of it) or any online features for any purpose in any machine learning or artificial intelligence tool, including without limitation, training large language models, developing artificial intelligence tools or systems, or creating generative artificial intelligence images, text, video, synthetic audio, and/or synthetic or “digital doubles” or other content;
(h) Probe, scan, or test the vulnerability of the Website or any online features or breach its authentication procedures; or
(i) Violate technology control or export laws and regulations that apply to the technology used or supported by the Website or any online features;
(j) Any use other than education and doctor-patient communication is unauthorized use.
4. LIMITATIONS ON ACCEPTABLE USE
4.1. Permitted Use: You may use the platform strictly for lawful purposes, including:
4.2. Prohibited Activities: You agree not to:
5. INTELLECTUAL PROPERTY RIGHTS
5.1. You understand that all title, ownership rights, intellectual property rights, trade secrets and other ownership rights in and to the Website or any online features (including, but not limited to, any computer code, themes, objects, characters, character names, stories, locations, concepts, artwork, plot lines, likenesses, logos, graphics, text, illustrations, designs, icons, photographs, video clips, and written clips, other audio-visual material appearing on the Website, moral rights, structural or landscape design, music compositions, dialogue, sounds, screenplays, or any other content protected under UK or international intellectual property law) (hereinafter “Content”) are owned by IntelliGen Technology or IntelliGen Technology’s licensors, and that your rights in the Website are licensed and not sold to you (pursuant to the License granted in Section 2), and that you have no rights in the Website or any online features other than the rights granted to you strictly in accordance with this Agreement. You may not re-use, reproduce, publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of or exploit in any way, in whole or in part, any of the Content.
5.2. You understand that you acquire no ownership rights in or to any Website information, past or stored.
5.3. You understand that you have no right to access the source code for the Website.
6. User’s Rights and Obligations
6.1 User Rights in Personal Data Processing
Anatomy Cloud respects and protects your privacy regarding personal data and protected health information (PHI). In accordance with Articles 15–22 of the GDPR and the HIPAA Privacy Rule, you have the following rights:
6.1.1 Right of Access
You have the right to request access to your personal data or health information processed by us, including information about its source, processing purposes, and data recipients.
6.1.2 Right to Rectification / Amendment
If your personal data or health information is inaccurate or incomplete, you have the right to request rectification (under GDPR) or amendment (under HIPAA).
6.1.3 Right to Erasure / Right to Request Restriction
6.1.4 Right to Data Portability
You have the right to obtain a copy of the personal data you provided to us and to have it transmitted to you or a third party in a structured, commonly used, and machine-readable format (pursuant to GDPR Article 20).
6.1.5 Right to Withdraw Consent
If the processing of your data is based on your consent, you may withdraw that consent at any time. Withdrawal does not affect the lawfulness of data processing carried out prior to your withdrawal.
6.1.6 Right to Object and Refuse Automated Processing
You have the right to object to data processing based on legitimate interests and the right to refuse any automated decision-making that produces legal or similarly significant effects.
6.2.1 Users must provide truthful, accurate, and authorized information and are responsible for any consequences arising from providing incorrect data.
7. FEES AND PAYMENTS
7.1. Use of the Website requires payment of a fee. You may also purchase items for a certain consideration in the Website or online features.
7.2. Failure to pay any fees or charges will constitute a material breach of this EULA. We may unilaterally modify fees and payment terms at any time at our sole discretion.
7.3. We may, at our sole discretion, waive any fees associated with downloading the Website through special offers or promotions.
8. WEBSITE FUNCTIONALITY
8.1. Online Features and User-Generated Content
8.1.1. Online Features
(a) The Website may allow access to certain online services operated by IntelliGen Technology and/or its affiliates, or authorized third parties on behalf of such third parties, where users of the Website may enjoy certain online or multiplayer features, including, but not limited to, cross-platform websites, online forums, and content sharing (hereinafter “Online Features”).
(b) However, such services and Online Features may incur additional fees. In addition, access and use of such Online Features and other goods or information provided by such services may require completion of a registration process and acceptance of additional terms and conditions, including, but not limited to, a privacy policy governing the use and processing of personally identifiable information.
(c) Not every purchaser of the Website will be able to register for or enjoy such services (including Online Features linked with the Website). These services and Online Features may not be available in your country, are not guaranteed to be available at any particular time, and may be suspended or withdrawn at any time or subject to age restrictions. Online Features require an internet connection to access. You are responsible for all internet access fees and other connection charges that you incur to access and use any Online Features.
8.1.2. User-Generated Content
(a) Some Websites allow you to create and make available your own creations to other end users. Content that you post, provide, publish, upload, or otherwise submit through an Online Feature or a service authorized by IntelliGen Technology, including, without limitation, forum posts, feedback and suggestions, screenshots, and video or streaming content on Twitch, YouTube or other permitted platforms, is defined as “User-Generated Content (UGC)”. For the avoidance of doubt, the term “mods” is not included in “UGC,” and the terms for the creation and use of mods are set out in the “Mod Policy.”
(b) You agree that any element of UGC that depicts, originates from, or is based on the Website shall be owned by IntelliGen Technology, and you agree that all right, title and interest in such UGC shall vest exclusively in IntelliGen Technology.
(c) To the maximum extent permitted by applicable law, you waive and agree never to assert against IntelliGen Technology or any of its partners, affiliates, subsidiaries, licensees or assigns any moral rights or similar rights you may have in any UGC.
(d) By providing UGC:
a. To the extent Online Features or IntelliGen Technology authorized services allow other users to access and use your UGC, you also grant all other users of the Online Features or IntelliGen Technology authorized services the right to use, copy, modify, display, perform, create derivative works of, and otherwise communicate and distribute your UGC on or through the Website, the Online Features or IntelliGen Technology authorized services without further notice, attribution or compensation to you; and
b. As set out in paragraph 8.1.2(b) above, to the extent it is not owned by IntelliGen Technology, you grant IntelliGen Technology and its affiliates, licensees and assigns a non-exclusive, worldwide, irrevocable, royalty-free, transferable, sub-licensable and perpetual right to use, copy, modify, create derivative works of, publish, adapt, transmit, broadcast, and otherwise communicate, publicly display and publicly perform your UGC without any further notice, attribution or compensation to you. For clarity, this grant shall include the right for IntelliGen Technology to make UGC available to the public through other publishing channels (whether for payment or otherwise), including incorporating UGC into the Website (including any in-Website extensions of it), any other IntelliGen Technology websites and/or marketing materials. This license shall survive termination of the Agreement.
8.1.3. No Guarantees
You are solely responsible for each item of UGC that you post, upload, input or submit via the Website, any Online Feature or IntelliGen Technology authorized service, and you represent and warrant that you have the full legal right to use such UGC and that such UGC: (i) is your original work; (ii) does not infringe any third party’s intellectual property rights; (iii) does not breach any confidentiality or contractual restrictions; and (iv) does not contain any defamatory, obscene or otherwise illegal content, or violate any third party’s statutory or common law rights or any other rights. IntelliGen Technology accepts no responsibility for any UGC, and you agree to compensate IntelliGen Technology and its employees, affiliates, licensors, licensees, contractors and directors and keep them fully compensated against any damage, loss, costs and expenses (including legal fees) arising directly or indirectly from any of your acts or omissions in connection with UGC you create or provide.
8.1.4. No Obligation
You understand and agree that IntelliGen Technology has no obligation to use, review, or distribute any UGC. IntelliGen Technology may, in its sole discretion, restrict, edit, disable, or remove any such UGC from the Website, Online Features, or elsewhere. IntelliGen Technology accepts no responsibility or liability for any UGC, or for removing or not removing UGC. IntelliGen Technology does not pre-screen any UGC nor does it endorse or approve any UGC that you and other users may contribute, provide, post, upload, or otherwise submit.
8.1.5. You agree that IntelliGen Technology’s consideration for your UGC is your full compensation and you are not entitled to any other rights or remuneration in connection with the rights granted to IntelliGen Technology and other companies or individuals.
8.1.6. Notification
Anyone who believes their rights have been infringed may notify us by completing a support form.
8.2. Usage Data
We may from time to time collect information about your device as you use the Website, as set out in the Privacy Policy, which is also incorporated into this Agreement. This information may include your Website account, IP address, Mac address or other device identifier, other device usage information, or other information or statistics relating to your use of the Website. This information is used to assist you online with the Website (including parts of the Website that include Online Features) and also to enable us to better understand how our customers use the Website, and their behavior and preferences, so that we can improve the Website and our services in the future. We may also share data relating to a breach of this Agreement, third party agreements or any illegal behavior (such as fraudulent transactions) with third parties, as detailed in our Privacy Policy.
8.3. Interaction with Other Users
8.3.1. The Website and/or Online Features may allow users to communicate with each other, including, without limitation, by text and voice. You must exercise common sense and courtesy in your use of these features, and your conduct and communication must be considerate of other users’ feelings, and you must not directly or indirectly offend, threaten, harass or bully other users or violate any applicable laws, including, but not limited to, anti-discrimination legislation based on race, ethnicity, religion, gender or sexual orientation.
8.3.2. To protect other users and our community, IntelliGen Technology reserves the right, but is not obliged, to record, monitor and save all or any of your communications as described in paragraph
8.3.1. You acknowledge that IntelliGen Technology has the right, but not the obligation, to pre-screen, refuse, move or remove any content available via the Website or Online Features, including, but not limited to, any content that violates any law or this Agreement, the Privacy Policy or any other applicable legal or contractual obligation.
8.3.3. By accepting these terms and conditions, you: (i) consent to any information collected as described in paragraph 8.3.2 being forwarded to the police or other appropriate authorities if it is determined to be illegal or to infringe the rights of IntelliGen Technology, our employees, customers or any other person during the use of the Website or Online Features, and (ii) agree to be bound by the Website’s Code of Conduct.
8.4. Patches and Updates
We may deploy or provide patches, updates and modifications to the Website that must be installed for you to continue to play the Website. We may update the Website remotely including, without limitation, the Website client on your device, and you hereby grant to us your consent to deploy and apply such patches, updates and modifications.
9. EPILEPSY WARNING
A small percentage of users may be susceptible to seizures or loss of consciousness when exposed to certain flashing lights or light patterns. These individuals may experience epileptic seizures while watching certain images or using the Website. If you or anyone in your family has ever had symptoms related to epilepsy (seizures or loss of consciousness) when exposed to flashing lights, consult a medical professional prior to engaging in the Website and take all necessary precautions. Immediately discontinue use of the Website and consult a medical professional if you experience any of the following symptoms while using any Website: dizziness, altered vision, eye or muscle twitches, loss of consciousness, disorientation, any involuntary movement or convulsions.
10. TERMINATION
10.1. Without prejudice to any other rights, IntelliGen Technology may terminate this Agreement immediately without notice if you fail to comply with the terms and conditions of this Agreement. In such event, all rights granted to you under this Agreement will cease, and you must destroy all copies of the Website and all of its component parts (including any Website stored on the hard drive of any device). You will not be entitled to a refund. All provisions of this Agreement relating to disclaimers or warranties, limitations of liability, remedies, damages, IntelliGen Technology ownership, and/or any terms that expressly or by their nature survive termination or expiration of this Agreement, shall survive any termination, including, without limitation, Sections 3-5, 8.1.2(b)-(d), and 12-15.
10.2. Online Features provided by IntelliGen Technology are provided via the internet. You understand that the Online Features are provided at the discretion of IntelliGen Technology and may be terminated or otherwise discontinued by IntelliGen Technology at any time.
11. LIMITED WARRANTY AND SUPPORT
11.1. The Website (and any related services we provide, including without limitation, Online Features) are provided on an “as is” basis and without any warranty to the fullest extent permitted by law. You assume all risk of use of the Website and any Online Features.
11.2. To the maximum extent permitted by law, we disclaim all representations, warranties, conditions or other terms (whether express or implied), including without limitation any implied warranties and/or conditions of merchantability, satisfactory quality, non-infringement and fitness for a particular purpose. Whilst we endeavor to ensure that the Online Features are available for use most of the time, we do not warrant that the Online Features will be available at all times, nor warrant your uninterrupted use of the Website. The Online Features may become unavailable due to maintenance, software updates, emergency circumstances, or equipment or network failure, or due to other causes beyond our control.
11.3. Without prejudice to the generality of the foregoing, we do not warrant that the Website is error-free, warrant that the Website will operate without interruption, nor that we will correct any errors in the Website.
11.4. We do not warrant that the Website will operate on all devices and operating systems. It is your responsibility to refer to the relevant product page to see the minimum technical specifications required to validly operate the Website and Online Features.
11.5. If you require technical assistance, please contact our technical support team. You will be responsible for any communications costs.
12. LIMITATION OF LIABILITY; REMEDIES
12.1. We only supply the Website for medical use. You agree not to use the Website for any commercial, business or resale purposes, and we will have no liability to you for any loss of profit, loss of information, loss of business, business interruption, or loss of business opportunity arising out of or in connection with the use of or the inability to use the Website, even if we have been advised of the possibility of such damages.
12.2. We are only responsible for loss or damage you suffer that is a foreseeable result of our breach of this EULA or our negligence, but subject to paragraph
12.3, we are not responsible for any unforeseeable loss or damage. Foreseeable loss or damage is loss or damage that is obvious that it will happen or if at the time this EULA was authorized, both you and we knew it might happen. Except as otherwise provided in this Section 12, under no circumstances shall IntelliGen Technology, our partners, our affiliates or our respective licensors and suppliers be liable for any indirect, punitive, incidental or special damages arising out of or in any way connected with the use of the Website or Online Features, including, without limitation, loss of data, computer failure or malfunction, or any other damage or loss arising from use of the Website or Online Features, whether based on contract, tort, strict liability or otherwise. 12.3. Notwithstanding anything to the contrary in Section 12.2, in no event will our aggregate liability to you, whether in contract, tort (including negligence) or otherwise, arising under or in connection with this EULA or your use of the Website (including Online Features), exceed the total amount actually paid by you for the Website. This clause shall not apply to the types of loss set out in clause 12.4. Because some jurisdictions do not allow the exclusion or limitation of certain damages, the above limitations may not apply to you.
12.4. Nothing in this EULA shall limit or exclude our liability to you: (i) for death or personal injury caused by our negligence; (ii) for fraud or fraudulent misrepresentation; and (iii) for any other liability that cannot be excluded or limited by law.
12.5. You understand that the Website and/or its Online Features may be updated at any time, and we are not liable to supply any updates to you under this Agreement or otherwise.
12.6. If you breach or threaten to breach any provision of this EULA, you acknowledge that IntelliGen Technology will suffer irreparable harm and that in addition to, and without prejudice to, any other rights and remedies at law available to IntelliGen Technology, IntelliGen Technology shall be entitled to equitable relief, including injunctive relief, without proof of any additional irreparable harm or damage or inadequacy of legal remedy, and without the need to post any bond or other security.
13. APPLICABLE LAW; COURT SELECTION/JURISDICTION
13.1. Subject to Sections 13.2, 13.3 and 14 below, this EULA and any dispute arising out of or in connection with this EULA shall be governed by English law, but if you are a resident of another country, you will retain the benefit of any mandatory protections given to you by the laws of that country. Any dispute shall be subject to the non-exclusive jurisdiction of the English courts. To the extent that the law of a particular jurisdiction requires this EULA to be governed by the laws of that jurisdiction and/or requires any dispute relating to this EULA to be heard by a court or other tribunal of that jurisdiction, then such local law and/or jurisdiction shall apply to the extent required.
13.2. U.S. Residents Only: Notwithstanding Section 13.1 above, when the user’s claims or disputes of any nature whatsoever arising from the use of the Website while located within the United States, (including non-contractual disputes), this Agreement and any such claim or dispute of any nature whatsoever (including any non-contractual dispute) shall be governed by and construed under the laws of the State of Nevada, without regard to conflicts of law principles. Subject to Section 14 below, the parties irrevocably consent to the sole and exclusive jurisdiction and venue of the courts located in the State of Nevada over any suit, action, or proceeding arising out of or related to this Agreement and irrevocably consent to the sole and exclusive personal jurisdiction of such courts.
13.3. Neither the United Nations Convention on Contracts for the International Sale of Goods nor the United Nations Convention on the Limitation Period in the International Sale of Goods, as amended, shall apply to this Agreement.
14. U.S. RESIDENTS ONLY: DISPUTE RESOLUTION/BINDING ARBITRATION/CLASS ACTION WAIVER
IF YOU USE THE WEBSITE IN THE UNITED STATES, PLEASE READ SECTION 14 CAREFULLY, AS IT REQUIRES YOU AND INTELLIGEN TECHNOLOGY TO ARBITRATE CERTAIN DISPUTES AND CLAIMS AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM INTELLIGEN TECHNOLOGY. IF YOU USE THE WEBSITE IN A COUNTRY OUTSIDE OF THE UNITED STATES, SECTION 14 DOES NOT APPLY TO YOU.
Section 14 applies to the maximum extent permitted by applicable law. If you and IntelliGen Technology cannot resolve a Dispute by informal negotiation within thirty (30) days of one party providing written notice of the Dispute to the other party, any other effort to resolve the Dispute will be conducted exclusively by binding arbitration under the Commercial Arbitration Rules of the American Arbitration Association (“AAA”) and governed by the Federal Arbitration Act (“FAA”). The arbitration will be final and binding. The arbitration will be conducted in Clark County, Nevada. The arbitrator will decide the Dispute in accordance with Nevada law. The parties agree to waive any right to seek punitive damages and the arbitrator shall have no authority to award such damages. Judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction over the parties.
YOU UNDERSTAND AND AGREE THAT YOU ARE WAIVING YOUR RIGHT TO SUE IN COURT OR HAVE A JURY TRIAL FOR ALL DISPUTES.
No Class Arbitrations, Class Actions or Representative Actions. You and IntelliGen Technology agree that any dispute arising out of or relating to this EULA is personal to you and IntelliGen Technology and that such dispute shall be resolved by individual arbitration only and shall not be arbitrated as a class arbitration, a class action or any other type of representative proceeding. You and IntelliGen Technology agree that there will be no class arbitration or arbitration in which an individual attempts to resolve a dispute as a representative of another individual or group of individuals. Further, you and IntelliGen Technology agree that a dispute cannot be brought as a class or other type of representative action, whether within or outside of arbitration, or on behalf of any other individual or group of individuals.
Any arbitration under this Agreement will be limited to the Dispute between IntelliGen Technology and you individually. If this provision is found to be unenforceable, where a Dispute is brought as a class arbitration, class action or any other type of representative proceeding, the provision shall be deemed to be severed, and you and IntelliGen Technology agree to have the provision severed and the remainder of Section 14 remain in full force and effect, and the Dispute will be resolved in the courts rather than by arbitration.
15. OTHER
15.1. We may transfer our rights and obligations under this EULA to another organization, but this will not affect your rights or our obligations under this EULA. You may not transfer your rights or obligations under this EULA to anyone else unless we agree to this in writing.
15.2. Each of the paragraphs of this Agreement operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
15.3. If there is any conflict between the terms of this EULA and the Conditions of Use, the terms of this EULA shall prevail.
15.4. If we fail to insist that you perform any of your obligations under this EULA, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations.
15.5. If you acquired and use the Website and service in the United States, you may not export or re-export the Website and service except as authorized and permitted by the laws and regulations of the United States.
15.6. This Agreement constitutes the entire agreement between IntelliGen Technology and you concerning the license and use of the Anatomy Cloud online features and supersedes all prior or contemporaneous understandings.
15.7. The English version of this EULA shall be the version used when interpreting or construing this EULA and any notices or other communications relating to this EULA shall be provided in English.
YOU MUST ACCEPT THE EULA TO USE THIS WEBSITE.