Installing iHeadache

  1. Supported Devices & Device Software
    1. Update your Blackberry Device Software – It is Free
  2. Installing iHeadache
  3. Backup and Restore

Getting Ready to Use iHeadache

  1. Overview of iHeadache
  2. Starting iHeadache for the First Time
  3. Overview of Medication Setup & Settings
    1. Entering Your Name
    2. Medication Profile
    3. Preferences
  4. Setting up Your Medication Profile
    1. Importing Standard Medications
    2. Searching Standard Medications
    3. Creating Custom Medications
    4. Hiding and Deleting Medications
  5. Specifying your iHeadache Preferences
    1. Headache order test preference
    2. Medication Names in Reports
    3. Headache duration rules

Tracking your Headaches

  1. Headache Log
    1. Filtering Headaches
    2. Navigation and Commands
  2. Entering a Headache
    1. Start Time & Date
    2. Headache Duration
    3. Initial & Maximum Severity
    4. Symptoms, Medications and Disability
    5. Navigation and Commands
  1. Entering Your Symptoms
  1. Entering Your Disability
    1. MIDAS Scale
    2. Disability Time Estimates
    3. Navigation and Commands
  2. Recording Medications Taken for your Headache
    1. Recording a Dose of Medication
    2. Navigation and Commands

Generating Reports

  1. iHeadache Reports

iHeadache™ License Agreement

  1. iHeadache Licensed Application - End User License Agreement

iHeadache is an app for the BlackBerry that allows you to keep a headache diary right on your phone. iHeadache captures real time information about your headaches. Real time information aids the patient and physician in making an accurate diagnosis and can be used to optimize the patient's care.

Studies have demonstrated that the misdiagnosis of the type of headache results in the patient not being prescribed the most effective medication. iHeadache is an expert system. It classifies your headache type by analyzing your symptoms, the duration of the headache and medications taken. It follows the International Headache Society Criteria (IHS II Criteria) and classifies your headache as a Migraine, Probable Migraine, Tension Headache or Unclassified Headache. To read more about IHS Headache Classification visit ww.ihs-classification.org.

Supported Devices & Device Software

iHeadache has been tested and is supported on the following devices:

iHeadache should work on any device that has BlackBerry Device Software v4.2.1 or newer installed. However, there are links within the application to the users manual and video tutorials which may not be available on Device Software below v4.5.

Update your Blackberry Device Software – It is Free

Visit http://na.blackberry.com/eng/update/ to download the latest version of BlackBerry Device Software. The link above requires Firefox or Windows® Internet Explorer® v5.5 or later, running on Windows®.  If you are a Mac user, download BlackBerry Desktop Software for Mac to manage your BlackBerry device and download updates. 

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Installing iHeadache

iHeadache is available on the BlackBerry App World storefront. In order to download iHeadache from App World you will need the following.

  1. BlackBerry App World - App World is an application that enables users to search, purchase and download apps directly to their BlackBerry smartphones.
    • Click Here to learn more about BlackBerry App World.
    • Click here for detailed instructions on downloading iHeadache from the BlackBerry App World.
  2. A PayPal Account - PayPal is the official partner for purchases made using BlackBerry App World. App World users need to establish a PayPal account in order to pay for apps downloaded.

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Backup and Restore

We recommend periodically backing up your Blackberry and iHeadache information by setting up the automatic backup preference in Blackberry Desktop Manager.  Follow their instructions for how to do this.  The iHeadache information is stored in an RMS database.  If you use the advanced options under Backup and Restore, make sure you are backing up the RMS databases.

In order to recover iHeadache data, you will need to make sure and reinstall the application before restoring the data.  RMS data cannot be restored unless the application owning the information is already installed.

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Overview of iHeadache

The application is divided into 4 key functions:

  1. Headache Log – A complete listing of all the headaches entered in iHeadache.  It also displays headaches that have no medication, symptoms or disability information entered.
  2. Headache Entry – Details of each headache including start time, date, duration, severity, symptoms, disability, medications and notes.
  3. Medications and Settings
    1. Your Medication Profile contains medications you routinely take when you have a headache.   
    2. Preferences allow you to control how the software analyzes the headaches in order to determine the type of headache.  Also allows you to specify whether to include generic or trade names for medicines in the reports
  4. Reports – Generates a summary of your headaches that can be used by you and your physician to optimize your headache care. Reports are customizable and can include headache type, missing information, disability score and disability time, summary of medications, and notes.  The reports can either be viewed on the BlackBerry or emailed to yourself and/or your doctor.  The reports provide the key pieces of information you doctor needs to help manage your care.

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Starting iHeadache for the First Time

When you download iHeadache, App World should automatically populate the application with your License Key.  If for some reason it doesn't, check your email for your License Key and copy it into the application.  When the application starts you will be given the option to paste or type the License Key into a dialog box.

When the iHeadache application opens, the “Headache Log” is always the first screen displayed unless you leave the application by pressing the Red Phone button or choosing Switch Application from the menu on later models.  In this situation, iHeadache remains running in the background at the screen you left until you return to the application.  It is highly recommended that you save your headache information before leaving the application for long periods of time.

To set up and begin using your application:

  1. Use the Full Menu to navigate to “Meds & Settings”
    1. Enter your name - The name entered here will appear on your reports.
    2. Import Standard Medications - Review the list for medications you regularly take to treat your headache and select them.  Do not include preventative medications or medications taken for other conditions.
    3. Create Custom Medications for any medications you take specifically for headaches that are not in the Standard Medication list.
    4. Preferences  - You don't need to set these right away.  Discuss the options with your doctor in order optimize the reports according to your doctor’s preferences.  The preferences change the way the headache type is determined and can be changed at any time.  View the section on “Preferences” for more information on the options.
  2. Navigate to the Headache screen by using the Full Menu while in either the Headache Log, Meds & Settings, or Reports screens.  If this is your first time to use iHeadache choose the “New Headache” option.
  3. Begin entering your headache and refer to this document or the help screen if you need assistance.  To access help in iHeadache, press the Full Menu button and select “Help”. 

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Overview of Medication Setup & Settings

When you first start iHeadache the “Meds& Settings”area can be accessed from the full menu.  The first time you start iHeadache you need to come here to add your name, create your medication profile, and set your preferences.  Make sure the following are set:

Entering Your Name

The name entered here is displayed on the reports.  If you do not want a name displayed on the reports you can leave this blank or enter “none”.

Medication Profile

Setup the medication profile (see “Setting up Your Medication Profile”) with medications you routinely take to treat your headaches. You can do this from:

  1. The Medication Profile
  2. Import Standard Medications
  3. Create Custom Medication

Preferences

The “Preferences” section contains advancedoptions that your physician may want to specify.  You don't need to set these right away and should discuss the options with your Doctor in order to align iHeadache with your Doctors preferences for evaluating headaches.  (see “Specifying your iHeadache Preferences”)

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Setting up Your Medication Profile

Before you begin entering headaches into iHeadache you should setup your medication profile.  The medication profile should contain the medications that you routinely take when you have a headache.  This list is should NOT include headache prevention medications that you take on a daily basis or medications you take for ailments other than your headaches.  The medications in your profile are available when you add medications to an individual headache. 

Importing Standard Medications

To add medications to your profile:

  1. From the “Meds & Settings” screen choose the “Import Standard Medication” option.  You can also choose “Import Standard Medication” from the Full Menu or from within Medication Profile.  
    • The most common prescription and over the counter medications for acute headaches are available in iHeadache™.  If your medication has more than one dose/strength, try to find the correct dosage. 
  2. Highlight the medication you want to add and choose “Select” from the Full Menu/Short Menu or press ENTER on the keyboard.  A üwill appear next to the medications you have selected to be in your profile.
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Searching Standard Medications

Creating Custom Medications

If you cannot find your acute headache medication in iHeadache then you have the option to add a custom medication.

  To create a custom medication:

  1. From the “Settings” screen choose the “Create Custom Medication” option or from within the medication profile choose “Create Custom Medication” from the Full Menu or Short Menu.
  2. Enter the
    1. brand and/or generic name,
    2. size (such as 10, 100, 250, or 500)
    3. Unit of Measure (such as: mg or ml)
    4. form (such as: tablet, capsule, spay, or injection)
  3. If the medication is recognized as a drug that is used exclusively to treat migraines you should answer yes to the question “This medication is specifically prescribed to treat migraines.”
    • Virtually all migraine specific medications and doses are in the medication database so chances are, you will not be answering “yes” to this question.
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Hiding and Deleting Medications

“Hide” medication that you no longer take from appearing in your medication profile by:

  1. Highlight the medication in the medication profile.
  2. Chose “Details” in the Full Menu or Short Menu.
  3. Mark the medication for hiding by checking the “Hide” box on the medication detail screen and save your changes. 
  4. Return to the Medication Profile and select “Hide” in the Full Menu.
    • If you wish to see the medications again choose “Show All”.

To delete a medication from your profile, highlight the medication and choose “Delete” from the Full Menu.  You cannot delete medications that have been added to an existing headache.  Instead choose to “Hide” them. 

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Specifying your iHeadache Preferences

Headache order test preference

It is possible for a headache to meet the criteria for both “probable migraine” and “tension headache”.  Headache experts disagree how these headaches should be counted.  According to the most recent definitions of headache from the International Headache Society, the directive is to count these headaches as tension headaches but some physicians prefer to count them as probable migraines.   Set the preference by choosing to test for “tension headaches” first or “probable migraines” first. 

Medication Names in Reports

The reports can show the generic name, trade name or both names depending on the option specified.

  Headache duration rules

The official diagnosis of an individual migraine headache is one that either lasts at least four hours or goes away when a medication used specifically to treat migraines is taken.  For the purpose of tracking or counting migraines, you can:

If a medication prescribed specifically to treat migraines is taken during the headache, the duration requirement will be considered met while evaluating the type.

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Headache Log

The log displays all the headaches that you have entered into iHeadache and the date they occurred.  Headaches displayed on the log are color coded by the type of headache. 

iHeadache analyzes the symptoms, medications, and duration of your headache to determine the type of headache. The program uses International Headache Society II (I.H.S. II) criteria when classifying the type of headache.  In addition to displaying the date the headache occurred, the log page will also show if medication, disability, or symptoms are not entered for a particular headache. 

Filtering Headaches

The headaches displayed on the headache log can be filtered to show all headaches or only the headaches missing:

To filter headaches, choose “Filter Log” from the full menu and select the criteria you wish to see. 

Navigation and Commands

Edit a headache 

New Headache

Delete an existing headache

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Entering a Headache

Start Time & Date

All headaches must have a start date & time.  When a new headache is created it defaults to the current date and time.  The start time can be changed as necessary to whatever time you need. Enter the date and time when your headache began if the current date and time are not correct.

Headache Duration

This field is optional but may be used to classify the type of headache you are having.  To ensure complete reports and an accurate diagnosis it is advisable to enter the duration of your headache. 

  Initial & Maximum Severity

Select the initial severity and the maximum severity.  The maximum severity cannot be lower than the initial severity. 

Symptoms, Medications and Disability

To add or edit symptoms, medications, or disability information for this headache, select the appropriate line. Information about symptoms, medications and disability is optional but helps to create a complete headache report for you and your physician.  Once you have entered information in each of these sections a check mark will appear to note that information has been entered.  iHeadache is designed for you to enter information as your headache progresses.  If you initially enter information and then later you experience more symptoms, take additional medications, or your disability changes you should return to these sections and enter your updated information. 

NOTE:  The first time you start entering a new headache the title bar at the top of the screen will be green and say “New Headache”.  After the first time you save the headache the title will bar will change to black and will say “Headache”. 

Navigation and Commands

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Entering Your Symptoms

Your symptoms are used to determine the type of headache you are having therefore it is very important that symptoms be entered for all of your headaches.  iHeadache is designed for you to use in real-time. Enter your symptoms as your headache progresses and return to the application to update them at any time.

Select “Symptoms” from the full menu or select “Symptoms” in the list on the Headache screen and enter your symptoms by answering yes or no to the questions on the screen. You must answer yes or no to all of the questions before you can save. Use the "SPACE" key to toggle through the answer from “yes” to “no” or to quickly answer the questions press the "y" or "n" key. Once you have saved and return to the Headache screen the > will change to a CHECKMARK to signify that you have entered information.

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Entering Your Disability

iHeadache tracks the disability associated with your headaches using standardized questions from the Migraine Disability Assessment Scale (MIDAS). It also tracks the time you are partially and completely disabled. 

MIDAS Scale

The MIDAS scale is widely used in the medical community.  Your score lets your physician gauge the impact your migraines have on your quality of life.  Select “Disability” from the full menu or select “Disability” in the list on the Headache screen.  You may use the "SPACE" key to check or uncheck the questions.  Once you have saved and return to the Headache screen the > will change to a CHECKMARK to signify that you have entered information.

 

Disability Time Estimates

Navigation and Commands

You may change the values by typing the numbers, using the space bar to increment by either an hour or 15 minutes depending on the part of the field you are in.

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Recording Medications Taken During a Headache

It is important to record the medications you take for your headaches so you and your physician can determine their effectiveness.  In addition, overuse of some pain medications cause “rebound headache” therefore keeping a history of your usage will help to recognize if frequent use is causing additional headaches. 

Recording a Dose of Medication

  1. Select “Medications” from the full menu or select “Medications” in the list on the Headache screen.
  2. If you have not entered any medication doses for the headache then the Medications Taken screen will display *Empty*.  Select “Go To My Meds” from the Full Menu or Short Menu.  This will take you to your “Medication Profile”. 
  3. Highlight the medication that you have taken and press the return key or choose “Take a Dose” from the Short Menu or Full Menu.  A pop-up screen will show the medication name and the current time.  Change the time if the current time is not correct. 
    • To add additional medications, highlight another medication from your profile and choose “Take a Dose”.  When you are finished selecting all your medications press the “Esc” button to return to the “Medications Taken” list. 

Navigation and Commands

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iHeadache Reports

Navigate to the Reports Preferences screen by using the Full Menu while in either the Headache Log, Headache, or Meds & Settings screens. 

You can obtain reports on your headaches for up to one year. 

  1. Pick your start and stop dates for the report.
  2. Choose to view data by calendar months, 30 day time frames, or 28 day time frames.
  3. Select the criteria to include on the report including:
  1. Chose either “View Report” or “E-mail Report”

To have the most detailed reports possible, all headaches need to have the duration, disability, medication and symptom information filled out. You can view your report on your phone or you can email it to yourself or others. From either the short or full menu you may “Close” this view or “Send” the report to yourself or your doctor.  Choosing “Send” will open an email screen with the report included.  

If you routinely use the same criteria every time you run your reports, choose “Save” from the Full Menu to save your selections.  The next time you return to run a report the options you previously specified will already be chosen. 

Report Shortcuts

Use the following keys to navigate the report.

E-mailing the Report

  1. Enter the email address you want to send the report to. 
  2. Choose “Save” from the menu in order to save the email address and automatically populate this field the next time you email a report.
  3. You may include a personal note at the top of the report.
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License Agreement

iHeadache End User License Agreement

iHeadache is licensed, not sold, to You for use only under the terms of this license, unless a Product is accompanied by a separate license agreement. The licensor (BetterQOL, Inc) referred to in this license agreement as “Application Provider” reserves all rights not expressly granted to You. The product, iHeadache, which is subject to this license, is referred to in this license as the “Licensed Application.”

iHeadache does not make a diagnosis of migraine, probable migraine, or tension headache.  To make a diagnosis, one has to have a compatible history of recurrent headaches, no other medical cause of their headaches as well as a normal neurological examination.  THEREFORE, ONLY A HEALTH CARE PROFESSIONAL CAN MAKE A DIAGNOSIS.  The software analyzes the symptoms, medications taken, and duration of the headache (depending on software preference settings) and reports if your headache history is compatible with the diagnosis of migraine, probable migraine or tension headache.

a. Scope of License: This license granted to You for the Licensed Application by Application Provider is limited to a non-transferable license to use the Licensed Application on any mobile device that You own or control and as permitted by the Usage Rules set forth in Blackberry App World Store Terms and Conditions.  This license does not allow You to use the Licensed Application on any mobile device that You do not own or control, and You may not distribute or make the Licensed Application available over a network where it could be used by multiple devices at the same time. You may not rent, lease, lend, sell, redistribute or sublicense the Licensed Application. You may not copy (except as expressly permitted by this license and the Usage Rules), decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Licensed Application, any updates, or any part thereof (except as and only to the extent any foregoing restriction is prohibited by applicable law or to the extent as may be permitted by the licensing terms governing use of any open sourced components included with the Licensed Application). Any attempt to do so is a violation of the rights of the Application Provider and its licensors. If You breach this restriction, You may be subject to prosecution and damages. The terms of the license will govern any upgrades provided by Application Provider that replace and/or supplement the original Product, unless such upgrade is accompanied by a separate license in which case the terms of that license will govern.

b. Consent to Use of Data: You agree that Application Provider may collect and use technical data and related information, including but not limited to technical information about Your device, system and application software, and peripherals, that is gathered periodically to facilitate the provision of software updates, product support and other services to You (if any) related to the Licensed Application. Application Provider may use this information, as long as it is in a form that does not personally identify You, to improve its products or to provide services or technologies to You.

c. Termination. The license is effective until terminated by You or Application Provider. Your rights under this license will terminate automatically without notice from the Application Provider if You fail to comply with any term(s) of this license. Upon termination of the license, You shall cease all use of the Licensed Application, and destroy all copies, full or partial, of the Licensed Application.

d. Services; Third Party Materials. The Licensed Application may enable access to Application Provider’s and third party services and web sites (collectively and individually, "Services"). Use of the Services may require Internet access and that You accept additional terms of service.

You understand that by using any of the Services, You may encounter content that may be deemed offensive, indecent, or objectionable, which content may or may not be identified as having explicit language, and that the results of any search or entering of a particular URL may automatically and unintentionally generate links or references to objectionable material. Nevertheless, You agree to use the Services at Your sole risk and that the Application Provider shall not have any liability to You for content that may be found to be offensive, indecent, or objectionable.

Certain Services may display, include or make available content, data, information, applications or materials from third parties (“Third Party Materials”) or provide links to certain third party web sites. By using the Services, You acknowledge and agree that the Application Provider is not responsible for examining or evaluating the content, accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect of such Third Party Materials or web sites. The Application Provider does not warrant or endorse and does not assume and will not have any liability or responsibility to You or any other person for any third-party Services, Third Party Materials or web sites, or for any other materials, products, or services of third parties. Third Party Materials and links to other web sites are provided solely as a convenience to You. Financial information displayed by any Services is for general informational purposes only and is not intended to be relied upon as investment advice. Before executing any securities transaction based upon information obtained through the Services, You should consult with a financial professional. Location data provided by any Services is for basic navigational purposes only and is not intended to be relied upon in situations where precise location information is needed or where erroneous, inaccurate or incomplete location data may lead to death, personal injury, property or environmental damage. Neither the Application Provider, nor any of its content providers, guarantees the availability, accuracy, completeness, reliability, or timeliness of stock information or location data displayed by any Services.

You agree that any Services contain proprietary content, information and material that is protected by applicable intellectual property and other laws, including but not limited to copyright, and that You will not use such proprietary content, information or materials in any way whatsoever except for permitted use of the Services. No portion of the Services may be reproduced in any form or by any means. You agree not to modify, rent, lease, loan, sell, distribute, or create derivative works based on the Services, in any manner, and You shall not exploit the Services in any unauthorized way whatsoever, including but not limited to, by trespass or burdening network capacity. You further agree not to use the Services in any manner to harass, abuse, stalk, threaten, defame or otherwise infringe or violate the rights of any other party, and that the Application Provider is not in any way responsible for any such use by You, nor for any harassing, threatening, defamatory, offensive or illegal messages or transmissions that You may receive as a result of using any of the Services.

In addition, third party Services and Third Party Materials that may be accessed from, displayed on or linked to from the mobile device are not available in all languages or in all countries. The Application Provider makes no representation that such Services and Materials are appropriate or available for use in any particular location. To the extent You choose to access such Services or Materials, You do so at Your own initiative and are responsible for compliance with any applicable laws, including but not limited to applicable local laws. The Application Provider, and its licensors, reserve the right to change, suspend, remove, or disable access to any Services at any time without notice. In no event will the Application Provider be liable for the removal of or disabling of access to any such Services. The Application Provider may also impose limits on the use of or access to certain Services, in any case and without notice or liability.

e. NO WARRANTY: YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE LICENSED APPLICATION IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE LICENSED APPLICATION AND ANY SERVICES PERFORMED OR PROVIDED BY THE LICENSED APPLICATION ("SERVICES") ARE PROVIDED "AS IS" AND “AS AVAILABLE”, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND APPLICATION PROVIDER HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE LICENSED APPLICATION AND ANY SERVICES, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. APPLICATION PROVIDER DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE LICENSED APPLICATION, THAT THE FUNCTIONS CONTAINED IN, OR SERVICES PERFORMED OR PROVIDED BY, THE LICENSED APPLICATION WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE LICENSED APPLICATION OR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE LICENSED APPLICATION OR SERVICES WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY APPLICATION PROVIDER OR ITS AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SHOULD THE LICENSED APPLICATION OR SERVICES PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU.

f. Limitation of Liability. TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL APPLICATION PROVIDER BE LIABLE FOR PERSONAL INJURY, OR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE LICENSED APPLICATION, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE) AND EVEN IF APPLICATION PROVIDER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. In no event shall Application Provider’s total liability to you for all damages (other than as may be required by applicable law in cases involving personal injury) exceed the amount of fifty dollars ($50.00). The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.

g. You may not use or otherwise export or re-export the Licensed Application except as authorized by United States law and the laws of the jurisdiction in which the Licensed Application was obtained. In particular, but without limitation, the Licensed Application may not be exported or re-exported (a) into any U.S. embargoed countries or (b) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Department of Commerce Denied Person’s List or Entity List. By using the Licensed Application, you represent and warrant that you are not located in any such country or on any such list. You also agree that you will not use these products for any purposes prohibited by United States law, including, without limitation, the development, design, manufacture or production of nuclear, missiles, or chemical or biological weapons.

You also agree that channel partners and associated service providers are excluded from any liability whatsoever in relation to this application, including without limitation in relation to the sale or use of copies thereof, or the performance or non-performance of this application.

h. The Licensed Application and related documentation are "Commercial Items", 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 or 48 C.F.R. §227.7202, as applicable. Consistent with 48 C.F.R. §12.212 or 48 C.F.R. §227.7202-1 through 227.7202-4, as applicable, the Commercial Computer Software and Commercial Computer Software Documentation are being licensed to U.S. Government end users (a) only as Commercial Items and (b) with only those rights as are granted to all other end users pursuant to the terms and conditions herein. Unpublished-rights reserved under the copyright laws of the United States.

i. The laws of the State of Texas, excluding its conflicts of law rules, govern this license and your use of the Licensed Application. Your use of the Licensed Application may also be subject to other local, state, national, or international laws.

j. Governing Law; Venue. This Agreement shall be governed by and interpreted under the laws of the State of Texas, United States of America, without respect to or application of its conflicts-of-laws provisions.   The parties specifically disclaim application of :  (i) the United Nations Convention on the International Sale of Goods; and (ii) of Article 2 of the Uniform Commercial Code as codified.  If there are any disputes or conflicts related to or arising out of this Agreement, You and BetterQOL Inc. shall use reasonable means to resolve the conflict prior to starting any lawsuits or other litigation, including negotiation between management personnel capable of resolving the conflicts. However, in the event either You or BetterQOL Inc. should start any litigation arising out of this Agreement, You expressly agree that the litigation will take place exclusively in the state or federal courts located in Harris County, Texas, United States of America, and You expressly agree that any such court has personal jurisdiction over You. You waive all defenses of lack of personal jurisdiction and forum non-conveniens.  Process may be served on either party in the manner authorized by applicable law or court rule.

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