1.1 “Authorized User” shall mean only you, the person being granted a license to use HealthChampion pursuant to these Terms.
1.2 “Confidential Information” means all confidential, proprietary, and/or nonpublic information of any kind, whether written or oral, relating to our business or operations, specifically including, without limitation: (a) these Terms or any other agreement executed between the parties; (b) all nonpublic information concerning our business, technology, HealthChampion, services, internal structure, and strategies, specifically including, without limitation, software, product development, product pricing, product maintenance, source or object code, materials, documentation, Intellectual Property Rights (defined below), proposals, designs, concepts, methodologies, inventions, developments, research, programs, databases, referral sources, customers, prospective customers, inventions, developments, “know-how,” procedures, financial information or licensing policies; and (c) any other information clearly labeled by us in writing as “confidential” prior to its disclosure, otherwise deemed as Confidential Information under these Terms, or which should be known or understood to be confidential or proprietary by an individual exercising reasonable commercial judgment under the circumstances. Notwithstanding the foregoing, “Confidential Information” shall exclude information that is: (i) available to the public other than by a breach of these Terms; (ii) rightfully received from a third party not in breach of a contractual, fiduciary or other obligation of confidentiality; (iii) known to you at the time of disclosure as evidenced by your written records at the time of disclosure; or (iv) solely to the extent produced in compliance with any law or court order; provided, however, that you give us reasonable notice that such Confidential Information is being sought by a third party, so as to afford us the opportunity to limit or prevent such disclosure.
1.3 “Intellectual Property Rights” shall mean all intangible legal rights or interests evidenced by or embodied in: (a) any idea, design, concept, technique, invention, discovery or improvement, regardless of patentability, but including patents, patent applications, trade secrets, and know-how; (b) any work of authorship, regardless of copyrightability, but including copyrights and any moral rights recognized by law; (c) any trademark, trade name or service mark; and (d) any other intellectual property, proprietary or similar rights, including all goodwill pertaining thereto and in each case, on a worldwide basis.
1.4 “HealthChampion” means our package of products, platform, system, and services, which are related to products that are sold or made available for sale in the United States, including, without limitation, the Platform, software, and related software, services, products, data, information, and materials (including related documentation, content, and materials provided in conjunction therewith), including any changes, modifications, improvements, and enhancements (“Updates”) provided by us.
1.6 “Platform” means myhealthchampion.com and the mobile application or any derivative websites or applications on which these Terms is posted.