Terms of Use

MyApps Corp.

Welcomes you on signing up for our CallingDr. The terms and conditions of the Services, are set out in this document, which we refer to as the Agreement. By downloading the CallingDr App or using the Service through the CallingDr website, you are representing to us that you are over the age of 18 and capable of entering into and being bound by the terms and conditions of this Agreement, that you agree to the terms and conditions of this Agreement, and that the information you provide to us to set up a Service account is true and complete in all respects. If you do not agree to these terms, you cannot use the Service, and you should immediately remove and delete the App from all your mobile devices.

Subscription; License Grant.

This Software Usage and Subscription Agreement (the “Agreement”) governs this agreement signed by the customer identified in the agreement as (“Customer”) and MyApps Corp(“Licensor”) DBA CallingDr (“CallingDr” or “Contractor”) and shall apply each time Customer engages Licensor to provide services. During the Term (as defined below) Licensor agrees to provide Customer with such services, including iPhone apps, Android apps and/or web-based cloud software (“Software Programs”), as are set forth here (the “Services”). As part of its provision of the Services, Licensor may provide Customer with access to certain proprietary information and materials including, without limitation, user manuals, technical manuals, standard and customized forms, reports, feedback reports, software, Courses (as defined below), modules, assessment questions, and other content (“Provided Materials”) on a limited, worldwide, non-exclusive, non-transferable, and revocable basis.

Subject to Customer’s compliance with this Agreement, Licensor hereby grants to Customer, during the Term, a limited, worldwide, nonexclusive, non-transferable license to access and use CallingDr software in connection with the Services and Customer’s internal business operations. The Software Programs and Provided Materials are licensed and are not sold and, as between the parties hereto, Licensor (or Licensor’s third-party providers) will at all times retain exclusive ownership of all Software Programs, Provided Materials, of all other proprietary information and materials in connection with the Services, and of all intellectual property rights related thereto, including but not limited to, trademarks, trade names, copyrights, enhancements, modifications, discoveries, designs, developments, improvements, processes, software code and programs (including any Software Programs), works of authorship, documentation, formulae, data, techniques, know-how, trade secrets or intellectual property rights or any interest therein and the related rights to make derivative works thereof (collectively, the “Licensor Products”).

This agreement adheres and include the terms of use and privacy policy available of on CallingDr website therefor by agreeing this agreement you expressly agreeing that in totality.

Pricing and Payment.

Pricing and invoicing for the Services shall be as set forth on per provider, storage basis and fair use basis. The standard version pricing will be $149.95/month per provider with 1GB storage. For additional GB of storage there will be an increment cost of $49/month for up to 5GB of total storage. The practice will be notified if the storage exceeds the additional 1GB, as a courtesy to stop using the software or incurring additional costs. If there are more than one provider, the same cost of $149.95/month plus storage costs will apply and charged to the account. All software updates, upgrades, and improvements to the Software Programs are included in the annual fees set forth here. Except as otherwise provided in this Agreement, payment obligations are non-cancellable and all fees paid are non-refundable. Late payments will be subject to a 2% penalty per month, or the maximum amount permitted by law, whichever is lower. Payments will be deducted using an auto-pay option of the credit card on the first of every month. If there is a return payment, then late fees and return fees will apply. The credit card authorization form is attached as Appendix

Due to fair usage policy, all the customers will be given fair chance to use the services and the make the service cost effective. Data retention policy is in place. A fair usage policy for Customer are available on CallingDr website


Customer acknowledges and agrees that the annual fees for each Service set forth in here are calculated based on the total number of Providers using the services (“Providers No”). Licensor shall have the right to monitor Customer’s use of the Services or any Licensor Products and to request that Customer confirm in writing, within twenty (20) business days of Licensor’s request, the current If another provider uses the subscription, then he/she is bound to pay per month costs to use the software as mentioned in pricing section 2.

Specific Prohibited Uses.

Customer acknowledges and agrees that neither it nor any of its employees, users, or agents shall at any time: (i) use any device, software or routine to interfere or attempt to interfere with the proper working of the Software Programs or any other element of the Services; (ii) reverse engineer, decompile or disassemble any Licensor Products or any element thereof; (iii) copy, alter, modify, adapt, translate or create derivative works from any Licensor Products; (iv) remove any copyright, trademark or other proprietary notices from any Licensor Products; (v) make any of the Licensor Products available for third-party use, including without limitation disclosing to or sharing its passwords for any Software Program or other Service with any third parties; (vi) use passwords for any unauthorized purpose; (vii) use any Software Program or other Service to display or share any libelous, defamatory or inappropriate information; (viii) use any Software Program or other Service to upload, post, reproduce or distribute any information, software, or other material protected by copyright or any other intellectual property right (including right of publicity and privacy) without first obtaining the permission of the owner of such right; (ix) use any Software Program or other Service to upload, display, share or otherwise transmit or disclose any Protected Health Information (PHI); or (x) use any Software Program or other Service to upload, display, share or otherwise transmit or disclose private information of third parties in any manner which violates state or federal laws (including HIPAA).


Customer is responsible for monitoring the use of and maintaining the confidentiality of its passwords for accessing the Services and agrees to immediately notify Licensor of any unauthorized use of such passwords.


During the Term, phone and email-based support will be available to Customer from 9:00 AM until 5:00 PM (ET), Monday through Friday (except for Licensor recognized holidays); provided that certain Services may have varying support hours; and provided further that Licensor may change any such support hours and schedules in its sole discretion. Such support may be provided directly by Licensor, or by an affiliate or sub-contractor. In connection with such support, Customer will be responsible for fielding and consolidating initial support requests, verifying the existence of software issues and answering software-use questions.

7. Third-Party Connections.

Certain Software Programs allow Customer to configure them to interact with third parties. Customer is fully responsible for any required third-party account setup or fees levied by such third parties for using their services. Licensor is only acting as an intermediary for Customer in connection with Customer’s interactions with such third parties through the Software Programs and is authorized by Customer to utilize Customer’s third-party account credentials as required to provide the third-party services or information through the Software Programs. Some third parties restrict the ability of intermediaries to access services that the third party provides Customer and may require Customer to execute additional agreements to enable the Software Programs to interact with the third party. Customer shall provide Licensor with any relevant terms and conditions from Customer’s agreement with each third party to allow Licensor to comply with such agreement or any restrictions.

The applicable Software Program interacts with a third-party service through interfaces controlled by the third party, therefore, Licensor has no control as to the availability of the third-party interface or the use of the third-party service through the Software Program nor can Licensor guarantee that the applicable Software Program will interact with the third-party services. Licensor is not responsible for the availability of a particular third-party service in the Software Program, because each third-party control access to its third-party service.

If applicable, Vendor will indicate the number and type of third-party interfaces to be active for the Software Program. Customer may select the actual third-party interfaces that Licensor provides support for from time to time, subject to any limits on the number of third-party interfaces, and payment of any applicable interface activation fees. Customer acknowledges that there is no guarantee that a particular third-party interface is, or will remain, available and that Licensor shall have no obligation or liability related to the accuracy, reliability, completeness, timeliness or security of the third-party interfaces. Additional available third-party interfaces may be ordered by Customer to Vendor. The work will be assessed by the vendor, and cost for completion will be submitted to Customer as a separate quote. If the customer agrees to the costs, then a deposit of 50% will be required to initiate “custom work or integration”.

Licensor’s sole obligations to Customer with respect to third-party interfaces are to make reasonable efforts to support and maintain existing third-party interfaces, to deliver Customer instructions to third parties through such interfaces, and to obtain, on Customer’s behalf and request, data from third parties through such interfaces. Licensor has no obligation to Customer regarding the completion by the third party of Customer’s instructions delivered to the third party through the Software Program third-party interface. Licensor is not responsible for and shall have no liability related to any fees owed by Customer to any third-party service provider arising from Customer’s use of the third-party interfaces.

Term, Renewal and Termination.

This Agreement is effective on the latest signature date of this contract signed by Customer and the Vendor and shall remain in effect for a duration of one year. The customer can cancel the contract, at any time after first 90 days of signing this agreement, by giving a 60-day notice. Customer will be responsible for the next two payments at a minimum if decided to cancel the contract.

The contract will auto-renew for additional year after expiry of first year, unless either party provides the other party with at least sixty (60) days prior written notice of such party’s intent not to renew such contract; provided that no such automatic renewal shall occur at any time following the termination of this Agreement. Licensor shall not be obligated to provide the Services described in the contract during any such Renewal Term unless and until it has received full payment for such Services with respect to such renewal term.

Either party may terminate this Agreement if the other party has breached a material term of this Agreement (including without limitation, with respect to Customer, a breach of any provision of Section 4 hereof by an Authorized User), and the breaching party has failed to remedy such breach within thirty (30) calendar days following written notice from the non-breaching party. Only in the event that Licensor has committed a material breach of this Agreement and has not cured such breach within thirty (30) days of receipt of such notice will Customer receive a prorated refund for the unexpired months for which payment has been received. All non-renewal and/or termination notices must be sent via certified mail to:

MyApps Corp

MyApps Corp dba CallingDr 801 International Parkway Suit 500 Lake Mary, FL 32746

Attn: Legal Department or via email to Sales@callindr.com or via fax 407-557-3794

or such other address as Licensor may provide from time to time.

Terms of Use and Privacy Policy.

When you download the Application or you sign up for the Service through our website or signing this agreement. You expressly agree that the Privacy Policy & Terms of Usage, which can be found on our website is a part of this Agreement.

Business Associate Agreement for Health Care Professionals.

If you provide health care services to individuals and are considered to be a “covered entity” as defined under the Health Insurance Portability and Accountability Act of 1996 (HIPAA), and you use the Service to transmit, communicate or discuss personal health information, we supplement this Agreement with the terms of our Business Associate Agreement, which is [attached as Exhibit A] [found at identify a location (e.g., website] and which is incorporated into this Agreement as if it was repeated here. MyApps Corp has implemented processes and procedures to protect the security of and limit access to protected health information that you may communicate through the Service, all in accordance with HIPAA and as described further in the Business Associate Agreement. Should any of the terms of the Business Associate Agreement conflict with the terms of this Agreement, the terms of the Business Associate Agreement will control.

Use of the Service and Security of your Communications. You may use the Service for communicating with other users of the Service. In order for you to successfully transmit your messages to the intended recipient, the recipient must sign up to the Service and establish an account. You understand that the internet is inherently insecure and therefore the secured nature of your communications on the Service cannot be guaranteed. Despite the security mechanisms (such as encryption technologies) that we have implemented to protect the messages you send and receive through the Services, it is still possible that messages you communicate through the Service could be intercepted or read without permission by another person.

You can help to reduce the risk that your messages will be intercepted or read by others by protecting the security of your account authentication information (such as username and passwords). When you set up your Service account, you agree that all information you provide is truthful and not misleading. You should not share or allow your account or authentication information to be accessed by anyone else and you must protect this information to prevent unauthorized access to your account. You must notify us if any unauthorized person gains access to or you lose any of your security credentials or if your account security is otherwise compromised. MyApps Corp is not responsible in any manner for the unauthorized use of your Service account. If you fail to protect your account and it is used to compromise or damage the Service, we can hold you liable for any losses we incur as a result.

Professional Responsibility.

You will be solely responsible for the professional and technical services you provide. We make no representations concerning the completeness, accuracy or utility of any information in the Services, or concerning the qualifications or competence of persons who placed it there. We have no liability for the consequences to you or your patients of your use of the Services.


Warranty and Disclaimer.

Licensor warrants that the Software Programs and other Services will materially operate in accordance with user guides provided by Licensor for such Services, provided that such Services are used by Customer in the manner intended and as authorized by this Agreement and further provided that Licensor makes no warranties regarding the performance or conformance to such specifications of each of the Services if used by Customer in a manner other than as intended and as authorized by this Agreement.


Indemnification by Licensor.

Licensor will defend, indemnify and hold harmless Customer against all claims and expenses, including reasonable attorneys’ fees, arising from any third-party claim alleging that any Licensor Products (collectively, the “Indemnified Products”) infringe the United States copyright, trademark, or service mark rights of any third party (each, an “Indemnified Claim”), if Customer, in connection with such Indemnified Claim: (i) has used the Indemnified Products in full compliance with this Agreement; (ii) promptly notifies Licensor of such Indemnified Claim; (iii) allows Licensor to have sole control of the defense and settlement of such Indemnified Claim (though Customer may participate in its own defense at its own expense); and (iv) provides Licensor with the authority, information and assistance that Licensor deems reasonably necessary for the defense and settlement of such Indemnified Claim. Customer shall not consent to any judgment or decree or do any other act in compromise of any such Indemnified Claim without first obtaining Licensor’s written consent. If an Indemnified Claim is brought or credibly threatened, Licensor shall have the option, at its sole expense, to obtain for Customer the right to continue using the Indemnified Products or modify the Indemnified Products so that they become non-infringing. If neither of the foregoing remedies are commercially feasible, Licensor may terminate Customer’s subscription with respect to the Service(s) that utilize such Indemnified Product(s), and refund an amount equal to one-twelfth of the applicable annual fees paid by Customer for such Service(s) for the subscription year in which the termination occurs, multiplied by the number of months remaining in that subscription year. The indemnity set forth in this Section 14 shall be Customer’s sole and exclusive remedy for any intellectual property infringement claim arising out of Customer’s use of the Services or Licensor Products.

Indemnification by Customer.

Customer will defend, indemnify and hold harmless Licensor, its officers, directors, employees and agents, from and against any claims, actions or demands, alleging, arising or resulting from (i) Customer’s use of any Services or Licensor Products (including making such Services available to third-party applicants); (ii) allegations that the Customer Data, or any use thereof, infringes the legal or intellectual property rights of any third party; or (iii) its breach of the terms of this Agreement. Licensor shall provide notice to Customer promptly of any such claim, suit, or proceeding and shall assist Customer, at Customer’s expense, in defending any such claim, suit or proceeding.

No Consequential Damages; Limitation of Liability:

To the extent permitted by law, MyApps Corp will have no liability, and you hereby waive all claims against MyApps Corp, for any loss of data, revenue, opportunities or profits, or any other special, incidental, consequential or other indirect damages arising out of the Service or this Agreement. This limitation will apply even if you have advised us of the possibility of such damages. You assume total responsibility for your use of the Service. You agree that if you are not satisfied with any aspect of the Service or the App, your only legal remedy is to stop using the Service. In all case, our liability for any damage or loss that you incur as a result of arising out of your use of the Service or the App or lose of data or access shall not exceed $1.00. These limitations will apply regardless of the theory of liability, whether the damage or loss arises out of breach of contract, tort (including negligence) or otherwise. Some jurisdictions do not allow limitations of liability, so the foregoing limitation may not apply to you.

In no event will licensor have any liability for claims relating to business decisions made by customer in reliance upon any of the services or licensor products.

No Assignment.

This Agreement may not be assigned or otherwise transferred by Customer, without Licensor’s prior written consent, and any such purported assignment or transfer shall be void. Subject to the foregoing, this Agreement is binding upon, inures to the benefit of and is enforceable by, the parties and their respective permitted successors and assigns, including any successor in interest of Licensor in connection with a merger, acquisition, sale of Licensor’s capital stock, or sale of all or substantially all of Licensor’s assets.

Governing Law; Venue.

This Agreement shall be governed by and interpreted in accordance with the internal laws of State of Florida without giving effect to its conflicts of law rules. Any proceeding arising out of or relating to this Agreement shall be brought in the courts of Florida. This provision may be filed with any court as written evidence of the knowing and voluntary irrevocable agreement among the parties to waive any objections to jurisdiction, venue or convenience of forum.

Government End Users.

If Customer is acquiring the Provided Materials, Licensor Products, or Services by or on behalf of the U.S. Government then the U.S. Government’s rights in the Provided Materials, Licensor Products, or Services will be only as set forth in this Agreement. The Provided Materials, Licensor Products and Services is a “commercial item” as that term is defined at 48 C.F.R. 2.101, consisting of “commercial computer software” and “commercial computer software documentation” as such terms are used in 48 C.F.R. 12.212. Consistent with 48 C.F.R. 12.212 and 48 C.F.R. 227.7202-1 through 227.7202-4, all U.S. Government end users acquire the Provided Materials, Licensor Products and Services with only those rights set forth herein. Contract/Manufacturer is: MyApps Corp, MyApps Corp dba CallingDr 801 International Parkway Suit 500 Lake Mary, FL 32746.

Amendment; Severability; No Waiver.

Licensor may amend this Agreement at any time in its sole discretion, effective upon posting the amended Agreement at the domain or subdomains of http://myapps.soltions. Licensor may take reasonable steps to communicate these changes through any contact method Licensor has established with Customer (including, without limitation, email communication, notifications within the Software Program, or notification within Customer’s renewal invoices), but Customer agrees to periodically review the site in which this Agreement is posted to be aware of any changes or modifications. Notwithstanding the foregoing, Customer’s continued use of the Services will be deemed its conclusive acceptance of all such changed or modified terms and conditions.

If any one or more of the provisions in this Agreement are determined invalid, illegal or unenforceable in any respect, including any provisions amended pursuant to the preceding paragraph, such invalidity, illegality, or unenforceability will not affect the other provisions of this Agreement and this Agreement will be construed as if such invalid, illegal or unenforceable provisions had never been contained in this Agreement (or in the case of an amended provision, never amended); provided, however, if a court finds any provision of this Agreement may be rewritten to be valid, legal and enforceable, the parties agree that such court shall rewrite the provision.

The waiver by either party of a breach of any provision of this Agreement or the failure by either party to exercise any right hereunder shall not operate or be construed as a waiver of any subsequent breach of that right or as a waiver of any other right.

Force Majeure.

Non-performance of either party, except for the making of payments, shall be excused to the extent that performance is rendered impossible by acts of God, strike, fire, flood, governmental acts or orders or restrictions, failure of suppliers or any other reason when failure to perform is beyond the control of the non-performing party.

Relationship of the Parties.

In making and performing this Agreement, the parties act and shall act at all times as independent contractors, and nothing contained herein shall be construed or implied to create an agency, association, partnership or joint venture between the parties. At no time shall either party make commitments or incur any charges or expenses for or in the name of the other party.

Individually Identifiable Health Information.

You retain all rights with regard to Your Health Information, and we will only use such information as expressly permitted in this Agreement.

De-Identified Information.

In consideration of our provision of the Services, you hereby transfer and assign to us all right, title and interest in and to all De-Identified Information that we make from Your Information. You agree that we may use, disclose, market, license and sell such De-Identified Information for any purpose without restriction, and that you have no interest in such information, or in the proceeds of any sale, license, or other commercialization thereof. You acknowledge that the rights conferred by this Section are the principal consideration for the provision of the Services, without which we would not enter into this Agreement.

Other Works and Information.

You hereby grant to us a nonexclusive, royalty-free, fully paid-up, perpetual, irrevocable, worldwide and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display any information, material or work product " other than Your Information that has not been De-Identified " you provide to this site or the Services. You agree that we may use, disclose, market, license, and sell such information and works, including derivative products, without restriction. This includes, for example, custom templates that you create using the Services, and information (other than Your Information that has not been De-Identified) that you contribute to forums, discussion groups and the like. You may provide content or material to this site by participating in forums, discussion groups and the like, or by using the site to create custom templates and the like. Furthermore, you agree that we may use, disclose, market, license and sell such material or content, and that you have no interest in the information, or in the proceeds of any sale, license, or other commercialization thereof. You warrant and agree that any material you provide will not infringe or otherwise violate the intellectual property or other rights of others, and will not be otherwise unlawful, infringing, threatening, libelous, defamatory, obscene, pornographic, or in violation of any law.

“Individuals" Rights

You are solely responsible for affording individuals their rights with respect to relevant portions of Your Health Information, such as the rights of access and amendment. You will not undertake to afford an individual any rights with respect to any information in the Services other than Your Health Information.

Provider Directories.

We may include your Directory Information (defined below) in our (a) "Public Provider Directories," which are electronic directories for patients and the general public; and (b) "Professional Provider Directories," which are electronic directories for Providers and other members of the healthcare community ((a) and (b) collectively, "Provider Directories"). Provider Directories may be made available in various electronic formats, including searchable databases, Provider landing pages, interactive reference tools, reference lists, and integrated look-up features, among others. They may also incorporate information designed to help users, such as integrated maps, and licensure confirmation tools, among others. Provider Directories may include a "contact" feature that allows users to contact other users directly through the Services. Our Public Provider Directory may be made available to public search engines to aid Provider discovery. Listing in the Provider Directories is subject to eligibility criteria, which may differ between the Public Provider Directory and Professional Provider Directory. "A Provider"s "Directory Information" includes the Provider"s name, name(s) of physicians or other healthcare professionals associated with a Provider, associated specialties, Provider"s business telephone number(s) and physical address(es), National Provider Identifiers (or NPI), and the Provider"s available appointment slots, as each is indicated from information a Provider has inputted or imported into the Services. The Directory Information may include additional information you input or upload into profile tools we make available in the Services (such as a profile photograph, accepted insurance, available office hours, a front desk email address, and the like), as and when such tools are available.

Care Coordination and Clinical Data Exchange.

We will enable Clinical Data Exchange between You and your business associate(s) or those covered entities (and their respective business associates), including health systems, Accountable Care Organizations, and payers, who desire to transmit such data to you with respect to patients they have a treatment or payment relationship or with whom you have Consented to provide such data (all third parties collectively referred herein as "Transmission Partner"). While such transmission integrations are in effect, such Transmission Partner may send and receive clinical data to and from your account on a routine and recurring basis.

Providing Physician Data to Payers and Others

You agree that we may provide De-Identified Health Information and other information (including Your Personal Information and information concerning your practice) to any medical group, independent practice association of physicians, health plan or other organization with which you have a contract to provide medical services, or to whose members or enrollees you provide medical services. Such information may identify you, but will not identify any individual to whom you provide services. Such information may include aggregated data concerning your patients, diagnoses, procedures, orders and the like.

Responsibility for Misuse by Other Users

You acknowledge that in granting access to the 3rd parties and others, we will rely on the assurances of the recipients of the information as to (i) their identity and credentials, (ii) the purposes for which they are accessing the system, and (iii) the nature and extent of the information to which they will have access. You acknowledge that, while the Services will contain certain technical safeguards against misuse of the Services, it will rely to a substantial extent on the representations and undertakings of users of the Services. You agree that we will not be responsible for any unlawful access to or use of Your Health Information by any user resulting from the user"s misrepresentation to us, or breach of the user"s user agreement or our Policies and Procedures.

Fair Usage Policy

CallingDr’s fair usage policy (“FUP”) is designed to prevent fraud and abuse of our products. CallingDr’ products are for individual use only in accordance with the SOFTWARE USAGE AND SUBSCRIPTION AGREEMENT/TOR and this FUP (“Legitimate Use”). The following is a non-exhaustive list of practices that would not be considered Legitimate Use:

  • Using subscriptions for telemarketing or call center operations;
  • Re-selling subscription;

Unusual calling patterns and irrelevant document storage inconsistent with normal use

Other practices(customers) may be relevant in determining Legitimate Use and CallingDr reserves the right to take any unlawful, prohibited, abnormal or unusual activity into account in making its determination. CallingDr may at its option, terminate or suspend its relationship with you, and your use of any CallingDr product immediately if it determines you are using the product contrary to this FUP.

Video Calling

Each subscription is allowed to use maximum 80 participant hrs. of video communication quota per provider; above that CallingDr reserve the right to charge additional usage to its customers

Data storage

Data storage quota per month is 1 GB to accumulate all patient data of patients for the particular practice (customer) per provider; above that CallingDr reserve the right to charge additional usage to its customers

Refund/Return Policy:

Absolutely no refunds on the subscription of services. Contract can be cancelled in writing by giving a 60-day notice. Practice and Physician will be responsible for the 60 days of software subscription.

Revisions to the Agreement:

MyApps Corp may revise this Agreement from time to time. When we do so, we will post the new version of the Agreement on our website and send you an email at the email address you provided to us or send you a message through the Service. The updated Agreement will be effective 30 days after publication or the sending of the notice. If you do not agree to the revised Agreement, you should stop using the Service and delete the App. Your continued use of the Service after the Agreement has been revised will constitute your acceptance of the revised Agreement


In case of irreparable injury to the other Party, that money damages would not be a sufficient remedy for any failure to comply with the provisions of this Agreement and that in addition to all other remedies in the event of any failure or alleged or threatened failure to comply with the provisions of this Agreement the other Party shall be entitled to equitable relief, including injunction and specific performance, in each case without being required to prove irreparable harm or damages, post a bond or otherwise provide security. This provision shall not in any way limit such other remedies as may be available to the Parties at law or in equity. Customer agrees that it will not import, export or re-export the Provided Materials, Licensor Products or Services, including technical data, to any country, person, entity or end user in violation of U.S.A. export control laws, regulations or restrictions. Unless otherwise expressly identified as exclusive in this Agreement, no remedy by either party shall be considered an exclusive remedy, and such party is entitled to pursue any remedy available under this Agreement or otherwise at law or equity. No terms of this Agreement are enforceable by any person who is not a party to it.