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.
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DEFINITIONS:
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.
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LICENSE:
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.
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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.
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TERM:
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.
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DISCLAIMER:
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.
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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.
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ELIGIBILITY:
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.
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GENERAL:
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.
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INDEMNIFICATION:
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
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