End User License Agreement (EULA)

DISCLAIMER

THIS APP IS MADE AVAILABLE BY THE JOHNS HOPKINS UNIVERSITY (“JHU”) SOLELY FOR PERSONAL, NON-COMMERCIAL USE. JHU OWNS ALL INTELLECTUAL PROPERTY RELATED TO THIS SOFTWARE. THIS APP IS NOT A MEDICAL DEVICE AND DOES NOT AND SHOULD NOT BE CONSTRUED TO PROVIDE HEALTH-RELATED OR MEDICAL ADVICE, OR CLINICAL DECISION SUPPORT, OR TO SUPPORT OR REPLACE THE DIAGNOSIS, RECOMMENDATION, ADVICE, TREATMENT, OR DECISION BY AN APPROPRIATELY TRAINED SERVICE PROVIDER OR LICENSED HEALTH OR BEHAVIORAL HEALTH PROVIDER, INCLUDING, WITHOUT LIMITATION, WITH RESPECT TO ANY LIFE SUSTAINING OR LIFE SAVING TREATMENT OR DECISION. THIS PROGRAM DOES NOT CREATE A PHYSICIAN-PATIENT RELATIONSHIP BETWEEN JHU AND ANY INDIVIDUAL. BY, DOWNLOADING, ACCESSING, VIEWING OR USING THE APP, YOU, THE USER, AGREE TO USE THE PROGRAM SOLELY IN ACCORDANCE WITH THE FOREGOING AND ALL OF THE TERMS AND CONDITIONS OF THE END-USER LICENSE AGREEMENT BETWEEN YOU AND JHU.

End-User License Agreement

This End-User License Agreement (the “Agreement”) is between you (“User”) and The Johns Hopkins University, a Maryland non-stock non-profit corporation (“JHU”). By downloading, accessing, viewing and/or using the myPlan app and website (the “Program”), User attests that it is over the age of 13, acknowledges that User has read and understands this Agreement in its entirety, and hereby accepts and agrees to be bound by all of its terms and conditions. With respect to this Agreement, the term “Program” includes all data, information, functions, calculations, and other content in, on, output from or performed by the Program, including, without limitation, all educational, literary, and scientific materials, programs, codes, user interfaces and other software, audio and video content, text, illustrations, photographs, designs, marks and logos, in, on, output from or performed by the Program.

1. License & Acceptance. Upon User’s payment of the required non-refundable license fee (“License Fee”), if any is so required, and acceptance of all of the terms and conditions herein, User is granted a limited, non-exclusive and non-transferable license (“License”) to download the Program on one device that User owns or controls for use solely in accordance with this Agreement. User acknowledges that the Program is intended solely for personal, non-commercial, reference, teaching, educational and informational purposes and hereby agrees that the Program will be used for such purpose. If User is an entity, User hereby agrees that it shall restrict access to and use of the Program solely to User’s employees who meet the criteria for use of the Program that are set forth herein. User shall ensure that any individual permitted by User to access, view and/or use the Program is aware of, accepts and will comply with the provisions of this Agreement, and User hereby agrees to the terms and conditions of this Agreement on behalf of all such individuals. User assumes full responsibility for insuring that the Program is used solely in accordance with this Agreement.

2. No Medical Advice. User acknowledges that the Program does not and should not be construed to provide health-related or medical advice, or clinical decision support, or to provide, support or replace any

diagnosis, recommendation, advice, treatment or decision by an appropriately trained service provider, or a health or behavioral health provider or to create a patient-physician relationship, and further acknowledges that the Program is not a medical device and is not designed, intended, or authorized for use as a medical device, including, without limitation, in or for any life sustaining or lifesaving treatment, decision or system. User hereby agrees that the Program will not be relied on or used, in whole or in part, for any of the preceding purposes by or on behalf of User with respect to any individual(s).

3. Intellectual Property. User hereby agrees that the Program contains proprietary information and material that is owned by JHU and is protected by applicable intellectual property and other laws, including, without limitation, copyright laws. The Program is licensed, not sold, to User for use solely in accordance with this Agreement, and JHU does not transfer any ownership rights in the Program to User and hereby reserves all rights not expressly granted to User. User hereby agrees not to use, promote, advertise, market, publish, transfer, distribute, rent, license, sublicense, sell, copy, modify, create derivative works from, combine with any other materials or products, or use in a time-sharing arrangement, the Program, or any copy thereof, in whole or in part, except as expressly provided in this Agreement. User hereby agrees not to reverse engineer, disassemble, decompile, translate, modify, violate, circumvent or otherwise tamper with the Program, or otherwise attempt to derive the source code of any of the Program’s software. User hereby agrees not to develop, distribute or sell programs that are capable of launching, or are otherwise integrated with, the Program. User hereby agrees not to use and is granted no license or right with respect to any current or future sign, logo, mascot, insignia, slogan, trade name, trademark, or service mark of JHU or its affiliates, in whole or in part, for any purpose, including, without limitation, any marketing, advertising, publicity or promotion in connection with the Program or otherwise.

4. Disclaimer of Warranties and User’s Assumption of Risk.

(a) USER HEREBY AGREES THAT THE USE OF OR INABILITY TO USE, OR

RELIANCE ON, THE PROGRAM BY OR ON BEHALF OF USER IS AT USER’S SOLE RISK. USER ACKNOWLEDGES THAT THE PROGRAM IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. JHU MAKES NO GUARANTEES, REPRESENTATIONS OR WARRANTIES WHATSOEVER, AND TO THE FULLEST EXTENT PERMITTED BY LAW, EXPRESSLY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED OR STATUTORY, WITH RESPECT TO THE PROGRAM, INCLUDING, WITHOUT LIMITATION, REPRESENTATIONS AND WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT OF THIRD-PARTY RIGHTS, QUIET ENJOYMENT, QUALITY, RELIABILITY, ACCURACY, CURRENCY, TIMELINESS, USEFULNESS, COMPLETENESS, SUITABILITY, SATISFACTORY QUALITY, SECURITY AND/OR FUNCTIONALITY. JHU MAKES NO GUARANTEES, REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, THAT THE USE OF THE PROGRAM WILL BE ERROR FREE OR UNINTERRUPTED OR THAT THE PROGRAM WILL BE FREE FROM LOSS, CORRUPTION, INTERFERENCE, HACKING, ATTACK, VIRUSES, OR OTHER SECURITY INTRUSION. JHU HEREBY SPECIFICALLY DISCLAIMS ANY LIABILITY RELATING TO THE FOREGOING AND USER HEREBY ASSUMES AND BEARS THE ENTIRE RISK WITH RESPECT THERETO. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, PORTIONS OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO USER. IN SUCH JURISDICTIONS, THE DURATION AND SCOPE OF THE APPLICABLE WARRANTY WILL BE THE MINIMUM PERMITTED UNDER APPLICABLE LAW.

(b) User acknowledges that updates to the Program are at the sole discretion of JHU and that JHU undertakes no obligation to supplement or update the Program. JHU makes no guarantees, representations or warranties whatsoever, express or implied, with respect to the compatibility of the Program, or future releases thereof, if any, with any hardware or software, or with respect to the continuity of the features or facilities provided by or through the Program as between various releases thereof, if any.

(c) JHU SHALL NOT BE LIABLE TO USER OR ANY OTHER INDIVIDUAL OR ENTITY FOR ANY COSTS, EXPENSES, LIABILITIES, PENALTIES, FINES, LOSSES, DAMAGES, DEMANDS, THIRD-PARTY CLAIMS, JUDGMENTS AND/OR OTHER FORMS OF LIABILITY, WHETHER ARISING FROM PERSONAL OR BODILY INJURY, ILLNESS, OR DEATH, OR TANGIBLE OR INTANGIBLE PROPERTY DAMAGE OR LOSS, OR OTHERWISE (COLLECTIVELY, “CLAIMS”) IN CONNECTION WITH, ARISING OUT OF OR RELATING TO: (A) ANY USE OF OR INABILITY TO USE, OR RELIANCE ON, THE PROGRAM BY OR ON BEHALF OF USER; (B) ANY MISSTATEMENTS, INACCURACIES, ERRORS, OMISSIONS, DELAYS OR INTERRUPTIONS IN CONNECTION WITH THE PROGRAM; AND/OR (C) ANY DIAGNOSIS, RECOMMENDATION, ADVICE, TREATMENT, PROCEDURE OR OTHER ACTION BY OR ON BEHALF OF USER IN CONNECTION WITH VIEWING, USING OR RELYING ON THE PROGRAM WITH RESPECT TO ANY INDIVIDUAL(S), REGARDLESS OF THE LEGAL BASIS FOR THE CLAIM(S). USER HEREBY ASSUMES AND BEARS THE ENTIRE RISK WITH RESPECT TO THE FOREGOING, AND TO THE FULLEST EXTENT PERMITTED BY LAW, USER RELEASES JHU AND EACH JHU MEMBER (AS HEREINAFTER DEFINED) FROM ANY LIABILITY RELATING TO THE FOREGOING.

5. Indemnification. USER HEREBY AGREES TO DEFEND, INDEMNIFY AND HOLD JHU AND ITS AFFILIATES AND EACH OF THEIR OFFICERS, TRUSTEES, EMPLOYEES, STUDENTS, REPRESENTATIVES AND AGENTS (COLLECTIVELY, “JHU MEMBERS”) HARMLESS FROM AND AGAINST ANY AND ALL CLAIMS, ACTIONS, SUITS OR PROCEEDINGS, INCLUDING, WITHOUT LIMITATION, REASONABLE ATTORNEYS’ FEES, IN CONNECTION WITH, ARISING OUT OF OR RELATING TO: (A) THE PURCHASE, DOWNLOADING, ACCESS, VIEWING, USE OF OR\ INABILITY TO USE, OR RELIANCE ON, THE PROGRAM BY OR ON BEHALF OF USER; AND/OR

(B) USER’S BREACH OF ANY OF THE TERMS AND CONDITIONS HEREIN.

6. Limitation of Liability. IN NO EVENT SHALL JHU BE LIABLE TO USER OR ANY THIRD-PARTY FOR ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR INDIRECT DAMAGES IN CONNECTION WITH, ARISING OUT OF, OR RELATING TO THIS AGREEMENT OR THE PROGRAM EVEN IF JHU HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES, IN SUCH JURISDICTIONS, JHU’S LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW. NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN, UNDER NO CIRCUMSTANCES WILL JHU BE LIABLE TO USER OR ANY THIRD-PARTY FOR ANY REASON FOR ANY AMOUNT IN EXCESS OF THE GREATER OF:

(A) FIFTY UNITED STATES DOLLARS (US $50); AND (B) THE TOTAL FEES PAID BY USER TO JHU UNDER THIS AGREEMENT (REGARDLESS OF THE LEGAL BASIS FOR THE CLAIM(S)).

7. Term; Termination. The rights and licenses granted herein shall begin upon User’s acceptance of this Agreement by clicking “I Agree” below and shall continue for an initial term of five (5) years or until terminated as provided below. This Agreement will terminate automatically without notice from JHU if User fails to comply with or breaches any term(s) and condition(s) of this Agreement. Upon termination of this Agreement, User shall cease all use of the Program and destroy all copies, full or partial, of the Program. JHU reserves the right to modify, suspend, discontinue or disable access to the Program (or any part or content thereof), and may impose limits on the use of or access to certain features or portions of the Program, at any time with or without notice to User, and JHU will not be liable to User or to any third-party should it exercise such rights.

8. Agreement. This Agreement constitutes the entire agreement between User and JHU regarding the subject matter hereof and supersedes all previous oral or written communications, proposals, agreements and representations, if any, relating to the subject matter hereof. JHU reserves the right to modify this Agreement and to impose new or additional terms or conditions on the access, viewing and use of the Program at any time and in its sole discretion. Such modifications and additional terms and conditions will be effective immediately and incorporated into this Agreement. The continued use of the Program by or on behalf of User will be deemed acceptance thereof. The failure of any party to require the performance of any term or obligation of this Agreement, or the waiver by any party of any breach of this Agreement, will not act as a bar to subsequent enforcement of such term or obligation or be deemed a waiver of any subsequent breach. The provisions of this Agreement will be considered severable, so that the invalidity or unenforceability of any provisions will not affect the validity or enforceability of the remaining provisions; provided that no such severability will be effective if it materially changes the agreement contained herein. Neither this Agreement nor any rights or obligations of User hereunder may be assigned or delegated by User in whole or in part without the prior written approval of JHU. Any assignment or delegation in derogation of the foregoing shall be null and void.

The headings contained in this Agreement are for reference purposes only and will not affect in any way the meaning and interpretation of this Agreement. All terms and conditions that by their nature should survive the termination or expiration of this Agreement, including, without limitation, Sections 3, 4, 5 and 6 hereof, will survive. User hereby agrees that User will not use or otherwise export the Program in violation or prohibition of United States and any other applicable laws, statutes and regulations.

9. Governing Law and Jurisdiction; Waiver of Trial by Jury. The validity, construction and enforcement of this Agreement, and the use of the Program, will be determined in accordance with the laws of the State of Maryland, without reference to conflicts of laws principles. User and JHU hereby irrevocably and unconditionally: (i) consent to submit to the exclusive jurisdiction of the courts of the State of Maryland for any proceeding arising in connection with this Agreement and each such party agrees not to commence any such proceeding except in such courts, and (ii) waives any objection to the laying of venue of any such proceeding in the courts of the State of Maryland. EACH OF JHU AND USER, KNOWINGLY, FOR ITSELF, ITS SUCCESSORS AND ASSIGNS, WAIVES ALL RIGHT TO TRIAL BY JURY OF ANY CLAIM ARISING WITH RESPECT TO THIS AGREEMENT OR ANY MATTER RELATED IN ANY WAY THERETO.

BY DOWNLOADING, ACCESSING, VIEWING AND/OR USING THE PROGRAM, USERACKNOWLEDGES THAT USER HAS READ AND UNDERSTANDS THIS AGREEMENT IN ITS ENTIRETY, AND HEREBY ACCEPTS AND AGREES TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS SET FORTH HEREIN.