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Healthwise Knowledgebase License Agreement
PLEASE READ THE TERMS AND CONDITIONS OF THIS LICENSE AGREEMENT CAREFULLY BEFORE OPENING THE HEALTHWISE® KNOWLEDGEBASE MEDICAL INFORMATION SOFTWARE (THE "SOFTWARE") AND THE ACCOMPANYING USER DOCUMENTATION (THE "PROGRAM"). THE SOFTWARE AND PROGRAM ARE COPYRIGHTED AND LICENSED (NOT SOLD). BY OPENING THE SOFTWARE AND PROGRAM, YOU ARE ACCEPTING AND AGREEING TO THE TERMS AND CONDITIONS OF THIS LICENSE AGREEMENT. IF YOU ARE NOT WILLING TO BE BOUND BY THE TERMS OF THIS LICENSE AGREEMENT, YOU SHOULD PROMPTLY RETURN THE SOFTWARE AND PROGRAM IN UNOPENED FORM, AND YOU WILL RECEIVE A REFUND OF YOUR PURCHASE PRICE. THIS LICENSE AGREEMENT REPRESENTS THE ENTIRE AGREEMENT CONCERNING THE SOFTWARE AND PROGRAM BETWEEN YOU AND HEALTHWISE, INCORPORATED ("HEALTHWISE"), AND IT SUPERSEDES ANY PRIOR PROPOSAL, REPRESENTATION, OR UNDERSTANDING BETWEEN THE PARTIES.
LICENSE GRANT
Healthwise hereby grants to you, and you accept, a nonexclusive license to use the collection of computer programs, commonly referred to as the Healthwise® Knowledgebase software, consisting of Diagnosis-Based Topics and Symptom-Based Topics (the "Software") only as authorized in this License Agreement. Healthwise shall have the right to modify any aspect of the Healthwise® Knowledgebase software, including but not limited to, its structure, content or operation.
Unless otherwise agreed to in writing with Healthwise, the use of one copy of the Software is restricted to one single computer. You may transfer the Software to another single computer, provided you do so no more than once every thirty (30) days and no copies of the Software licensed herein are retained for use on any other computer.
The Software contains copyrighted works, trade secrets and other proprietary materials owned by Healthwise or its suppliers and is protected under United States copyright laws and international treaty provisions. Therefore, you must treat the Software like any other copyrighted work (e.g., a book or musical recording) except that you may either (1) make one copy of the Software solely for backup or archival purposes, or (b) transfer the Software to a single hard disk provided you keep the original solely for backup or archival purposes. You may not otherwise copy the Software or materials that accompany the Software.
You may not copy, modify, alter, revise, paraphrase, omit, change, display, store, timeshare, sublicense, publish, transmit, sell, rent, lease, transfer, or distribute the Software, or create any derivative works either in whole or in part upon the Software, the medical information incorporated into the textual and pictorial materials in the Software ("the Text"), or any portion thereof except as otherwise authorized herein. You may not reverse engineer, decompile, or disassemble the Software. You are responsible for informing all users of this Software of terms, restrictions and disclaimers under this License Agreement, and such users are hereby made subject to the terms and disclaimers of this License Agreement. You agree not to modify, amend, reduce the size of or in any way obliterate any warnings, notices, liability limitations, or other license provisions contained in the Healthwise® Knowledgebase software as provided by Healthwise for itself or third party providers of information. You may not assign, sublicense, transfer, pledge, lease, rent or share your rights under this Agreement, unless otherwise agreed to in writing by Healthwise.
You recognize that as part of Healthwise's updating of the Healthwise® Knowledgebase software, additional information suppliers may provide information for such updates. Such suppliers may have certain specific restrictions or limitations on use of the information which Healthwise will communicate to you. Providing such restrictions or limitations do not compromise your use of the Healthwise® Knowledgebase software for its specific purpose for licensing the use of the Healthwise® Knowledgebase software, do not unreasonably impact the value of the Healthwise® Knowledgebase software to you, and do not require you to have additional Healthwise fees associated with the use of the Healthwise® Knowledgebase, then you agree to comply with such additional restrictions or limitations as communicated by Healthwise in writing.
Healthwise hereby grants you a limited right to print excerpts of the Text, subject to the following limitations:
- Printing is limited to a one-at-a-time printing for specific use by you or for one of your individual clients. Any other copying or distribution of any portion of the Text is strictly prohibited without prior written authorization from Healthwise.
- Healthwise shall include in the Software and you shall not alter or delete the following notices from the appropriate pages of the health education material:
- a. "©Copyright [year] Healthwise, Incorporated. Copying permitted only with permission of Healthwise, Incorporated."
- b. "Copyright [year] Cerner Multum, Inc."
HEALTHWISE RIGHTS
You acknowledge and agree that the Software and Program are proprietary products of Healthwise or its suppliers protected under U.S. copyright law. You further acknowledge and agree that all right, title, and interest in and to the Software and Program, including associated intellectual property rights, are and shall remain with Healthwise or its suppliers. This License Agreement does not convey to you an interest in or to the Software and Program, but only a limited right of use revocable in accordance with the terms of this License Agreement.
TERM
This License Agreement is effective upon your opening of this Program and/or Software and shall continue until terminated. You may terminate this License Agreement at any time by returning the Software and Program and all copies and portions thereof to Healthwise. Healthwise may terminate this License Agreement upon the breach by you of any term hereof. Upon such termination by Healthwise, you agree to return to Healthwise the Software and Program and all copies and portions thereof.
DISCLAIMER OF WARRANTY OF TEXT CONTAINED IN SOFTWARE
This disclaimer pertains to the Software and Program, which includes, but is not limited to the Diagnosis-Based Topics and the Symptom-Based Topics.
Medical information in the Text of the Software is based on current medical literature and on physician review. However, use of the Text is not intended to replace the advice of a doctor. The Text is intended to help people make better health care decisions and take a greater responsibility for their own health. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT HEALTHWISE IS NOT RESPONSIBLE FOR THE RESULTS OF YOUR DECISIONS RESULTING FROM THE USE OF THE TEXT, INCLUDING, BUT NOT LIMITED TO, YOUR CHOOSING TO SEEK OR NOT TO SEEK PROFESSIONAL MEDICAL CARE, OR YOUR CHOOSING OR NOT CHOOSING SPECIFIC TREATMENT BASED ON THE TEXT.
DISCLAIMER OF WARRANTY OF SOFTWARE
You expressly acknowledge and agree that use of the Program and Software contained therein is at your sole risk. THE PROGRAM AND SOFTWARE CONTAINED THEREIN ARE LICENSED "AS IS". HEALTHWISE DISCLAIMS ALL WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. HEALTHWISE does not warrant that the functions contained in the Software will meet your requirements, or that the operation of the Software will be uninterrupted or error-free, or that defects in the Software will be corrected. To the extent possible, Healthwise has provided a reliable and accurate information source. Unless otherwise agreed to in writing, Healthwise does not warrant or make any representations regarding the use or the results of using of the Program and Software contained therein, including, but not limited to, their correctness, accuracy, or reliability.
USE OF NATIONAL CANCER INSTITUTE MATERIALS Healthwise has an agreement with The National Cancer Institute ("NCI") for the use of the Physician Data Query (PDQ®) data files ("NCI Content") in which the following provisions must be met. You shall accommodate these provisions in its use of the Healthwise material.
- i. PDQ is a registered trademark of the National Cancer Institute and must be so referenced in all published material pertaining to PDQ files. The PDQ name must always be used in any public reference to the data files. Healthwise shall include in the Software and you shall not alter or delete the notice making users aware at the point of initially entering the PDQ files that the source of the data provided is the National Cancer Institute's PDQ files.
- ii. Healthwise shall include in the Software and you shall not alter or delete the following use restrictions (and any updates thereto) in the User License Agreement document and in all updated versions thereof and online in the system "help" message for use restrictions: "Some material in Physician Data Query (PDQ®) is from copyrighted publications of the respective copyright claimants. Users of PDQ are referred to the publication data appearing in the bibliographic citations, as well as to the copyright notices appearing in the original publication, all of which are hereby incorporated by reference."
- iii. You agree that, because use of the PDQ data for insurance reimbursement decisions is contrary to the nature of the database, which is designed as a research tool and not to reflect all possible treatment options, you agree to not use it for reimbursement decision purposes.
USE OF NORD'S RARE DISEASE DATABASE MATERIALS
HEALTHWISE has an agreement with the National Organization for Rare Disorders (NORD) for the use of the Rare Disease Database (NORD Content) in which the following provisions must be met. You shall accommodate these provisions in its use of the Software.
- i. You agree that you will not alter, delete, or otherwise change any portion of the NORD Content.
- ii. You shall be permitted to download, print and distribute individual topics from the NORD Content, providing that such copies include all appropriate copyright information of copyright of the Content by NORD.
- iii. Healthwise shall include in the software, and you shall not alter or delete, the following disclaimer, either separately or incorporated with a Healthwise disclaimer, with the NORD content:
- The information provided in this report is not intended for diagnostic purposes. It is provided for information purposes only. This information is presented for further understanding that could lead to the prevention, treatment, and/or cure of rare disorders. NORD recommends that affected individuals seek the advice or counsel of his or her own personal physician(s).
- It is possible that the title of the topic is not the name you selected. Please check the SYNONYMS listing to find the alternate names(s) and disorder subdivision(s) covered by this report.
- This disease entry is based upon medical information available through the date at the end of the topic. Since NORD's resources are limited, it is not possible to keep every entry in the Rare Disease Database completely current and accurate. Please check with the agencies listed in the Resources section for the most current information about this disorder.
- iv. You will not misrepresent the NORD Content or purpose of the NORD Content in your marketing or sales activities.
LIMITATION OF LIABILITY
Under no circumstances (including negligence by Healthwise), shall Healthwise be liable for any incidental, special, or consequential damages that result from the use of or inability to use the Program and Software contained therein, including the Text, even if Healthwise has been advised of the possibility of such damages.
In no event shall Healthwise's total liability to you for all damages, losses and causes of action, whether in contract, tort (including negligence and malpractice) or otherwise, exceed the amount paid by you for this license. Such damages as outlined in this section are the full and exclusive remedy available to you from Healthwise.
TRADEMARK HEALTHWISE® and HEALTHWISE® KNOWLEDGEBASE are registered trademarks of Healthwise, Incorporated. No right, license, or interest to such trademarks is granted hereunder, and you agree that no such right, license, or interest shall be asserted by you with respect to these or any other trademarks of Healthwise, Incorporated.
CONTROLLING LAW
This Agreement is governed by the laws of the State of Idaho without regard to principles of conflict of laws.
SEVERABILITY
Should any term of this License Agreement be declared void or unenforceable by any court of competent jurisdiction, such declaration shall have no effect on the remaining terms hereof.
NO WAIVER
The failure of either party to enforce any rights granted hereunder or to take action against the other party in the event of any breach hereunder shall not be deemed a waiver by that party as to subsequent enforcement of rights or subsequent actions in the event of future breaches.
MISCELLANEOUS
RIGHTS NOT OTHERWISE GRANTED UNDER THIS LICENSE AGREEMENT ARE RESERVED BY HEALTHWISE. Amendment, waiver or suspension of any right hereunder shall only be valid if agreed to in writing by Healthwise. Waiver or suspension of any right hereunder shall only be valid if agreed to in writing by Healthwise. If Healthwise has entered into any written agreement with a licensee of this Program and such agreement conflicts with the terms of this License Agreement, then the terms of the separate written agreement shall take precedence and govern over the terms of this License Agreement.
INQUIRIES
Should you have any questions concerning this Agreement, or if you desire to contact Healthwise for any reason, please write: Healthwise, Incorporated, Post Office Box 1989, Boise, Idaho 83701.
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