Sage Evidence-based Medicine & Practice Institute (SEMPI) End-User License Agreement

 

END-USER LICENSE AGREEMENT (EULA) FOR SAGE EVIDENCE-BASED MEDICINE & PRACTICE INSTITUTE (SEMPI) — IMPORTANT PLEASE READ THE TERMS AND CONDITIONS OF THIS LICENSE AGREEMENT CAREFULLY BEFORE CONTINUING WITH THIS CONTENT AND INITIAL USE:

This Sage Evidence-based Medicine & Practice Institute (SEMPI) End-User License Agreement (“EULA”) is a legal agreement between you, whether an individual or a single entity (as a Registered User) and Sage Evidence-based Medicine & Practice Institute (SEMPI), which may include associated software components, media, printed materials, and “online access” or electronic documentation (“SEMPI PRODUCT”). This End-User License Agreement (“License Agreement”) is an agreement for access to and use of content and programs that are made available to you through this SEMPI website (“Site”) If you do not agree to the terms of this EULA, YOU MAY NOT VIEW, ACCESS OR USE THE SEMPI PRODUCT.

The SEMPI PRODUCT is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. The SEMPI PRODUCT may be licensed by subscription, not sold.

        1. GRANT OF LIMITED LICENSE.
          As the terms and conditions of this License Agreement define, SEMPI hereby grants you as a Registered User a non-transferable, non-exclusive, limited, personal license to access and view the SEMPI PRODUCT provided on the Site.
        1. DESCRIPTION OF OTHER RIGHTS.

          (a) Ownership and Intellectual Property Rights
          With access to the Site, Registered User acknowledges that SEMPI and its licensors (“SEMPI Licensors”) who provide content and programs for SEMPI (“SEMPI Content”) are the owners of all the rights, title and interest in and to the SEMPI Content, including but not limited to, al modifications, updates, and other derivative works thereof and all copyright and other intellectual property rights related thereto.  Except for the limited rights granted by this EULA, Registered User hereby agrees that it shall not at any time dispute, challenge or content, directly or indirectly, SEMPI’s or SEMPI Licensors’ right, title, and interest in and to the SEMPI Content, or assist others to do so.
          (b) Copyright or Trademark.
          Registered User agrees not to remove or alter any copyright or trademark notices and agrees to acknowledge the use of the SEMPI Content at any time it is referenced by Registered User in writing or oral communications.
          (c) Distribution.
          Registered User agrees not to distribute copies of the SEMPI PRODUCT to third parties and to view the SEMPI Content contained on the Site solely for your own personal purposes. Registered User agrees not to distribute, modify (including by creating any derivative works), publicly perform or publicly display any part of the SEMPI Content for any reason.
          (d) Prohibition on Reverse Engineering, Decompilation, and Disassembly.
          Registered User shall not reverse engineer, decompile, or disassemble the SEMPI PRODUCT, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation.
          (e) Rental or Commercial Purpose.
          Registered User may not rent, lease, or lend its access to the SEMPI PRODUCT because Each user must agree to the SEMPI EULA independently. Registered User may not use SEMPI Content for any commercial purpose.
          (f) Compliance with Applicable Laws.
          Registered User shall comply with all applicable laws regarding use of the SEMPI PRODUCT.

        1. TERMINATION.
          Without prejudice to any other rights, SEMPI may terminate this EULA for failure to comply with the terms and conditions of this EULA for access to the SEMPI PRODUCT on the SEMPI Site.
        1. COPYRIGHT.
          Registered User acknowledges all right, title, and interest, including but not limited to copyrights and trademarks, in and to the SEMPI PRODUCT, including those owned by SEMPI or its Licensors. All title and intellectual property rights in and to the content which may be accessed through use of the SEMPI PRODUCT is the property of the respective content owner and may be protected by applicable copyright or other intellectual property laws and treaties. This EULA grants the Registered User only rights to access and view such content. All rights not expressly granted are reserved by SEMPI.
        1. NO WARRANTIES.
          SEMPI expressly disclaims any warranty for the SEMPI PRODUCT. The SEMPI PRODUCT is provided ‘As Is’ by SEMPI or its Licensors without any express or implied warranty of any kind, including but not limited to any warranties of merchantability, noninfringement, or fitness of a particular purpose. SEMPI does not warrant or assume responsibility for the accuracy or completeness of any information, text, graphics, links or other items contained within the SEMPI PRODUCT. SEMPI makes no warranties respecting any harm that may be caused by the transmission of a computer virus, worm, time bomb, logic bomb, or other such computer program. SEMPI further expressly disclaims any warranty or representation to Registered Users or to any third party.
          Every effort has been made to ensure that the information provided by SEMPI is accurate, up-to-date, and complete, but no guarantee is made to that effect. In addition, the information contained herein may be time sensitive. Information has been compiled for use by healthcare practitioners and end-users in the United States.
          Each page on the SEMPI Site for online access will have the following material identifying the intellectual property rights of the SEMPI PRODUCT: Copyright [Current Year] Sage Evidence-based Medicine & Practice Institute. The information contained herein is not intended to cover all possible uses, directions, precautions, warnings, allergic reactions, or adverse effects. Clinicians must at all times use their independent medical or professional judgment.
        1. LIMITATION OF LIABILITY
          In no event shall SEMPI be liable for any damages (including, without limitation, lost profits, business interruption, or lost information) rising out of Registered User’s use of or inability to use the SEMPI PRODUCT, even if SEMPI has been advised of the possibility of such damages. In no event will SEMPI be liable for loss of data or for indirect, special, incidental, consequential (including lost profit), or other damages based in contract, tort or otherwise. SEMPI shall have no liability with respect to the content of the SEMPI PRODUCT or any part thereof, including but not limited to errors or omissions contained therein, libel, infringements of rights of publicity, privacy, trademark rights, business interruption, personal injury, loss of privacy, moral rights or the disclosure of confidential information.The SEMPI PRODUCT does not diagnose patients or recommend therapy. The SEMPI PRODUCT provides an informational resource designed to assist licensed healthcare practitioners in diagnosing their patients by aiding in the selection of the most appropriate imaging based on information provided by the licensed healthcare practitioner and/or to serve end-users viewing the SEMPI PRODUCT as a supplement to, and not a substitute for, the expertise, skill, knowledge and judgment of healthcare practitioners. Healthcare practitioners should use their professional judgment in using the information provided. The absence of a warning for a given procedure or combination of procedures in no way should be construed to indicate that the procedure is effective or appropriate for any given patient. SEMPI and its Licensors or affiliates do not assume any responsibility for any aspect of healthcare administered with the aid of information that the SEMPI PRODUCT provides.
        1. REGISTRATION.
          Access to the SEMPI PRODUCT requires registration. Registered User agrees to provide SEMPI with accurate, complete registration information and to inform SEMPI of any changes to that information before any subsequent access or use of the SEMPI PRODUCT. Each registration is for a single person or entity. You agree not to permit (a) any other person to use the Site under your name; or (b) any other entity to access the Site through your Registered User credentials. You are responsible for preventing such unauthorized use.
        1. GOVERNMENT LICENSES: RESTRICTED RIGHTS LEGEND
          In the event the SEMPI PRODUCT is licensed to the United States Government for access and use, U.S. Government Rights: Licensee agrees that the SEMPI PRODUCT is “commercial computer software” or “commercial computer software documentation” or “commercial technical data and/or computer databases” and that, absent a written agreement with SEMPI to the contrary, Registered User’s rights with respect to such SEMPI PRODUCT are Restricted Rights, as defined in FAR §52.227.19, and if for Department of Defense use, limited by the terms of this license, pursuant to DFARS §227.7202. Registered User’s rights to use, modify, reproduce, release, perform, display, or disclose, these technical data and/or computer databases and/or commercial computer software and/or commercial computer software documentation are subject to the Limited Rights restrictions of DFARS §252.227-7015(b)(2) (November 1995) and/or subject to the restrictions of DFARS §227.7202- 1(a) (June 1995) and DFARS §227.7202-3(a) (June 1995), as applicable for Department of Defense procurements and the Limited Rights restrictions of FAR §52.227-14 (December 2007) and/or subject to the Restricted Rights provisions of FAR §52.227-14 (December 2007) and FAR §52.227-19 (December 2007), as applicable, and any applicable agency FAR Supplements, for non-Department of Defense Federal procurements. Notwithstanding anything herein to the contrary, the parties agree that the restricted rights use restrictions of 52.227 that pertain to computer software as defined therein are applicable to the SEMPI PRODUCT hereunder, and the limited rights use restrictions that pertain to computer software documentation as defined therein apply to documentation hereunder. Specifically, the parties agree that all software and technical data is and has been privately developed at the expense of SEMPI and/or its third party Licensors.
        1. APPLICABLE LAWS: This EULA is governed by the laws of the United States, including patent and copyright laws, and (to the extent not pre-empted by U.S. law) by the laws of the State of Minnesota. Any claim arising out of this EULA will be brought in a forum prescribed by applicable Federal law.