RW CAREWare End User License Agreement (Modified October 2007)
ATTENTION: THIS IS A LICENSE, NOT A SALE. THIS LICENSE IS GRANTED BY JEFF MURRAY'S PROGRAMMING SHOP, INC. (JPROG) AND MAY NOT BE MODIFIED OR AMENDED BY ANYONE OR ANY ENTITY OTHER THAN JPROG. THIS PRODUCT IS DISTRIBUTED AS FREEWARE BUT IS SUBJECT TO THE PROTECTION OF THE U.S. COPYRIGHT LAWS AND INTERNATIONAL TREATIES.
IMPORTANT: CAREFULLY READ THIS LICENSE BEFORE USING THIS PRODUCT. INSTALLING, COPYING, OR OTHERWISE USING THIS PRODUCT INDICATES YOUR ACKNOWLEDGMENT THAT YOU HAVE READ THIS LICENSE AND CONSENT TO ITS TERMS. IF YOU DO NOT AGREE TO THE TERMS OF THIS LICENSEDISCONTINUE ALL USE OF THE PRODUCT AND REMOVE IT FROM YOUR COMPUTER.
A. "Computer" means one (1) central processing unit (CPU) that accepts information in digital or similar form and manipulates it for a specific result based on a sequence of instructions;
B. "Documentation" means any accompanying printed materials, this License, any other agreement you may have with JPROG relating to this Product, and "online" or electronic documentation;
C. "Product" means a computer program, computer software (including its code) objects as well as any images, photographs, templates, animations, video, audio, music, text and "applets" incorporated into the software, and where applicable, storage media containing all the above, including any Documentation;
D. "Use" means to access, install, download, copy or otherwise benefit from using the functionality of the Product in accordance with the Documentation;
E. "DHHS" means the U.S. Department of Health and Human Services;
F. "HRSA" means the U.S. Department of Health and Human Services, Health Resources & Services Administration;
G. "Data" means medical information and associated personal identifying information concerning any individual.
JPROG provides you with a Product and grants you a nonexclusive license to use the Product in accordance with the terms of this License. Any supplemental software code and supporting materials provided to you as part of support services provided by JPROG for the Product shall be considered part of the Product and subject to the terms and conditions of this License. The copyright and all other rights to the Product shall remain with JPROG. You must reproduce any copyright or other notice marked on the Product on all copies you make or distribute.
This license allows you to install and use as many copies of the Product as your business needs require. You may also make additional copies of Product for archival purposes. You may also use third party interfaces to the Program's "business tier".
Under the terms of this license you may not do any of the following:
(1) Use the Product or make copies of it other than as permitted in this License except to the extent the foregoing restriction is, by operation of applicable law, prohibited or of no effect;
(2) translate, reverse engineer, decompile, or disassemble the Product except to the extent the foregoing restriction is, by operation of applicable law, prohibited or of no effect;
(3) rent, lease, assign, sell, sublicense, lend or transfer the Product;
(4) modify the Product or merge all or any part of the Product with another program;
(5) redistribute the Product or any of its components;
(6) separate the component parts of the Product except to the extent the foregoing restriction is, by operation of applicable law, prohibited or of no effect.
- INTELLECTUAL PROPERTY RIGHTS:
Except as expressly licensed to you in this License, JPROG retains all right, title and interest in and to the Product and any copies you are authorized by JPROG to make. The Product is protected by copyright, including without limitation by U.S. copyright law, international treaty provisions and applicable laws in the country in which it is being Used. Except as expressly stated herein, this License does not grant you any intellectual property rights in the Product. All rights not expressly granted are reserved by JPROG.
This Product is copyrighted to Jeff Murray's Programming Shop under the terms of various contracts with HRSA and DHHS. All rights in data and publication will be in accordance with FAR 52.227-14 "Rights in Data- General," and FAR 52.227-16 "Additional Data Requirements," (Contract # 07-N231-5755) as well as any other applicable rules and regulations governing the terms of the agreement between JPROG and HRSA.
This License shall remain in effect only for so long as you are in compliance with the terms and conditions of this License. This License will terminate if you fail to comply with any of its terms or conditions. You agree, upon termination, to destroy all copies of the Product. The Intellectual Property Rights, Limited Warranty, Disclaimer and Limitation of Liability provisions set out in this agreement shall continue in force even after any termination.
EXCEPT FOR THE EXPRESS LIMITED WARRANTY ABOVE AND FOR ANY WARRANTY, CONDITION, REPRESENTATION OR TERM TO THE EXTENT TO WHICH THE SAME CANNOT OR MAY NOT BE EXCLUDED OR LIMITED BY LAW APPLICABLE TO YOU IN YOUR JURISDICTION, THE PRODUCT IS PROVIDED ON AN "AS IS" BASIS, WITHOUT ANY OTHER WARRANTIES, REPRESENTATIONS, CONDITIONS OR TERMS, EXPRESS OR IMPLIED, WHETHER BY LAW, STATUTE, USAGE OF TRADE, COURSE OF DEALING OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF NON-INFRINGEMENT OF THIRD PARTY RIGHTS, INTEGRATION, MERCHANTABLE QUALITY, SATISFACTORY QUALITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. JPROG, DHHS, HRSA, AND THEIR SUPPLIERS AND DEALERS DO NOT AND CANNOT WARRANT THE PERFORMANCE OR RESULTS YOU MAY OBTAIN BY USING THE PRODUCT. THE ENTIRE RISK AS TO THE RESULTS AND PERFORMANCE OF THE PRODUCT IS ASSUMED BY YOU.
- LIMITATION OF LIABILITY:
SUBJECT TO THE EXPRESS LIMITED WARRANTY ABOVE, IN NO EVENT WILL JPROG, DHHS, HRSA, THEIR DEALERS, SUPPLIERS, AGENTS, OWNERS, MANAGERS, OR EMPLOYEES BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY DAMAGES, CLAIMS OR COSTS WHATSOEVER (INCLUDING, WITHOUT LIMITATION, FOR BREACH OF CONTRACT, NEGLIGENCE, INVASION OF PRIVACY OR ANY OTHER CAUSE OF ACTION WHATSOEVER) OR ANY INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, BUT NOT LIMITED TO, LOSS OF REVENUE OR PROFIT, LOSS, DAMAGE OR DISCLOSURE OF DATA, INCORRECT REPORTING OR DIAGNOSIS, OR OTHER LOSS OR DAMAGE OF ANY KIND. NEITHER JPROG, DHHS NOR HRSA IS RESPONSIBLE FOR CLAIMS BY A THIRD PARTY.
To be eligible to Use or download the Product you must be in compliance with applicable export laws and other pertinent laws of the United States. If you are not in compliance with those laws you are not eligible to Use the Product. In addition, download and use shall be limited to agencies (Grantees and providers/subcontractors) expressly receiving funding through the Ryan White HIV/AIDS Treatment Modernization Act or The President's Emergency Plan for AIDS Relief.
1. This License is the entire agreement between you and JPROG, superseding any other agreement or discussions, representations or advertising, oral or written, other than a separate, valid and existing license agreement entered into between you and JPROG, DHHS, HRSA, or any of their agents.
2. This License may be modified only by a written document signed by an authorized officer of JPROG.
3. This License shall be governed by and construed in accordance with the laws of the State of Louisiana, USA, without regard for the principle of conflicts of laws, and the parties agree to submit to the exclusive jurisdiction of the courts of the State of Louisiana.
4. If any provision of this License is declared by a court of competent jurisdiction to be invalid, illegal, or unenforceable, that provision shall be severed from the License and the other provisions shall remain in full force and effect.
5. You agree that this Agreement and all documents contemplated hereby be drawn up in English.
6. This License is binding on the parties and their dealers, suppliers, agents, owners, managers, employee's successors, or assigns.
You agree to indemnify and hold JPROG, DHHS and HRSA their dealers, suppliers, agents, owners, managers, and employees harmless from and against any and all costs, liabilities, claims, or demands (including reasonable attorney's fees and expenses of any kind whatsoever) that arise or result from the use, reproduction or distribution of the Product or its documentation. This includes any claims for damages of any kind resulting from any incorrect reporting or diagnosis, from release or disclosure of Data, or other loss or damage of any kind. Neither JPROG, DHHS nor HRSA, nor their dealers, suppliers, agents, owners, managers, or employees is responsible for claims by a third party.
By your use of the Product you acknowledge that Data collected and stored by means of the Product may be highly confidential and sensitive, and is not to be released, shared or disclosed with anyone except as specifically authorized. You agree to indemnify and hold JPROG, DHHS and HRSA and their dealers, suppliers, agents, owners, managers, and employees harmless from and against any and all costs, liabilities, claims, or demands (including reasonable attorney's fees and expenses of any kind whatsoever) that arise or result from any loss, damage,
release or disclosure of Data.
If you use third party interfaces to the Program's "business tier" under the terms of Section 2 above, you agree to indemnify and hold harmless JPROG, DHHS and HRSA for any costs and expenses resulting from the use or updating of those third party interfaces and from any problems that arise.