Release, Waiver of Liability, Defense, Indemnification and Hold Harmless Agreement
You acknowledge that you understand that Andrew Schaumberg ("Schaumberg") is acting as a good samaritan and an independent volunteer providing dissemination of image processing software, pathology search software, telepathology equipment, face masks, and face shields ("Products"). We do not certify the Products or components operate properly or satisfy any regulatory requirements. This Release, Waiver of Liability, Defense, Indemnification and Hold Harmless Agreement ("Agreement") is meant to reflect the fact that Schaumberg offers the Products as experimental services or devices, without warranty of any kind. The person signing below ("You") is either the individual recipient of the Products if the individual recipient is an adult under the laws of the relevant jurisdiction or the parent or legal guardian of the child if the individual recipient is a child under the laws of the relevant jurisdiction.
You agree that the Products provided to You by Schaumberg or by any individual associated with Schaumberg is provided "AS IS" and without representations or warranties of any kind, express or implied, and is intended to be a gift. By accepting the Products, you further acknowledge that such Products have not been evaluated or approved by any regulatory authority.
You understand that the Products furnished by Schaumberg are meant to benefit society, and are not intended, and shall not be used, for commercial use. If You are an adult under the laws of the relevant jurisdiction and are the individual recipient, you acknowledge that You understand the potential risks of the use of the Products and expressly assume such risks. If the individual recipient is a child under the laws of the relevant jurisdiction, You represent that You are the parent or legal guardian of the child and that You understand the potential risks of the use of the Products and expressly assume such risks on behalf of the individual recipient.
Furthermore, You (either for yourself or your child) release and forever discharge Schaumberg from any and all liability for acts or omissions— including negligent acts or omissions—causing damage, loss, injury, or death to the individual recipient or others from the use of the Products. You agree to defend, indemnify and hold Schaumberg harmless from any and all liability or loss—including liability for negligence—arising in conjunction with or resulting from the individual recipient’s use of the Products (including all attorney’s fees and expenses incurred by Schaumberg).
You further understand and agree that Schaumberg and any individual associated with Schaumberg shall not be liable for any injuries or damages, including any consequential, incidental, indirect, punitive or special damages, resulting from or arising out of the use of the Products provided by Schaumberg or any individual associated with Schaumberg.
Any information provided by Schaumberg, any individual associated with Schaumberg, and any of the Products are not intended to be relied upon to protect from, diagnose or treat a health problem or disease, and Schaumberg makes no claims regarding the Products or the components. You should consider consultation with a qualified health care provider prior to providing or using the Products. Any statements made by Schaumberg are for informational purposes only and are not meant to replace the services or recommendations of a physician or other qualified health care practitioner.
You acknowledge that this Agreement is governed by the laws of the State of New York (without reference to its conflict of law provisions) and the parties intend that this Agreement be interpreted as broadly and inclusively as permitted by law. If any portion of this Agreement is found to be invalid for any reason, the remainder of the Agreement shall continue to remain in full force and effect and shall continue to be binding.
By accessing or using the Products, You acknowledge that You have carefully read the foregoing provisions, understand their contents, and agree with and to each and every provision herein.