Course License Agreement

Course License Agreement (affirmative click by EACH USER)
IMPORTANT--PLEASE READ THIS COURSE LICENSE AGREEMENT (“AGREEMENT”) CAREFULLY. BEFORE USING THE MATERIAL CONTAINED ON YALE’S OFFICE-BASED MEDICINE CURRICULUM WEB SITE (THE “LICENSED CONTENT”), YOU MUST ACCEPT THE TERMS AND CONDITIONS OF THIS AGREEMENT BY ELECTRONICALLY SELECTING THE BOX MARKED "I AGREE" ON THE REGISTRATION FORM. THIS AGREEMENT IS SUPPLEMENTARY TO, AND INCORPORATES ALL OF THE TERMS OF USE (link to terms of use) OF THIS WEB SITE.
License
In consideration of the subscription fee paid by you or by an institution on your behalf, Yale University (hereinafter referred to as “Yale”, “we” or “us”), in connection with Yale University School of Medicine’s Office-based Medicine Curriculum (the “Curriculum”), grants you, subject to the terms and conditions of this Agreement, a non-exclusive, non-transferable license and right to use and access individual screens containing the Licensed Content on appropriate computer terminals.

Ownership and Limitation of License.
Any and all content created or provided by Yale is the sole and exclusive property of Yale, and is protected by U.S. laws and international treaties. Licensee and its Authorized Users may not download, transmit, copy, store, publish or distribute the Licensed Content in any form or by any means, except as expressly set forth in this Agreement, or as otherwise authorized in writing by Yale. By indicating acceptance of these terms, Licensee does not become the owner of the Yale Office-based Curriculum Materials, but is entitled to use them as specifically permitted according to the terms of this Agreement and subject to all additional intellectual property notices, information or accessed through this website.

Subscription Term
You and, if applicable, your institution have obtained the right to use and access the Licensed Content for a specific limited period of time, i.e., the subscription period, which is one semester from the date of registration for individual subscribers or on an automatic renewal for institutions unless a written cancellation is given one month prior to the newest volume being sent out. At the end of this period, your license and/or your institution's license and your associated rights will expire automatically, unless you or your institution has renewed its subscription on Yale’s then-current terms. The Agreement and your license to use the Licensed Content will also automatically terminate if you fail to comply with any term or condition in this Agreement or as otherwise set forth in your institution’s license. In the event this license is terminated, you must immediately destroy any copies you have made of the Licensed Content and you will not be not entitled to a refund of any registration, license or other fee paid by you or Licensee to Yale.

Permitted Uses and Prohibitions
The sole use of the Licensed Content is for Licensee’s and each Authorized User’s non-commercial, educational use in connection with Licensee’s self-directed learning or medical residency education program. Licensee may copy, redistribute and reproduce the Licensed Content for delivery to the Authorized Users subject to these terms of use. Licensee and its Authorized Users may not alter or attempt to alter or modify any part of the Licensed Content or the information contained therein, except that Licensee may add information relevant to Licensee’s Institution, or as required by or related to local or State law [in place of /or supplemental to Yale specific or Connecticut specific information]. Any such modification should be noted with a footnote that the Licensee has added such reference to the Yale supplied materials. Licensee and Authorized Users agree that they may not remove any Yale credit or attribution, including attribution to the Yale authors. Licensee may not provide supplemental materials without language making clear that such material is not part of the original material supplied by Yale. Licensee may present the chapters out of order.

Use of Professional Judgment
In providing the Licensed Content, Yale is not engaged in rendering medical advice, diagnosis or other medical or professional services. The Licensed Content is made available for Licensee's and its Authorized Users' for educational and informational purposes only and not as a substitute for Licensee's or its Authorized Users’ analysis or judgment. Licensee and its Authorized Users must exercise professional judgment when using any information contained in the Licensed Content and take sole responsibility for its use.
Yale and the editors and authors of the Curriculum have conscientiously and carefully tried to provide medical information that conform to the standards of professional practice prevailing at the time of publication. While the Curriculum authors use reasonable efforts to see that no inaccurate or misleading data, opinion, or statement appear in Curriculum, we do not warrant or guaranty the completeness or accuracy of the Licensed Content. Additionally, standards and practices in medicine change as new data become available and the individual medical professional should consult a variety of sources in making clinical decisions for individual patients. Although updates to our Materials are issued periodically we do not guaranty the timeliness of any Licensed Content.
Moreover, while we make reasonable efforts to ensure drug doses and other quantities are presented accurately, you are advised that new methods and techniques involving drug usage described within this resource should only be followed in conjunction with the drug manufacturer's own published literature. When prescribing medications, you are advised to check the product information sheet accompanying each drug to verify conditions of use and identify any changes in dosage schedule or contraindications, particularly if the agent to be administered is new, infrequently used or has a narrow therapeutic range. It is the responsibility of the treating physician or other health care professional, relying on independent experience and knowledge of the patient, to determine drug dosages and the best treatment for the patient. This is particularly serious if the agent to be administered or the treatment chosen is a new one or one that is infrequently used. Because of the uniqueness of each patient and the need to take into account a number of concurrent considerations, the information contained in the Materials should be used by physicians only as a general guide to determining the best treatment for each patient.
The Curriculum describes basic principles of diagnosis and therapy. The information provided in the Curriculum is no substitute for individual patient assessment based upon the healthcare provider's examination of each patient and consideration of laboratory data and other factors unique to the patient. The Curriculum should be used as an educational tool to help the user be aware of diagnostic and treatment options, bearing in mind that individual and unique circumstances may lead the user to reach decisions not presented in the Curriculum.
Accordingly, Yale, its employees, officers, and agents accept no liability whatsoever for the consequences of any such inaccurate or misleading data, opinion, or statement. You agree to defend, indemnify and hold harmless Yale, its officers, directors, trustees, employees, agents and third party suppliers and licensors from and against any claims, actions, demands, judgments, liabilities, fines, penalties and expenses, including but not limited to reasonable attorneys fees, resulting from or alleged to result from, your use of or reliance upon any Materials.

NO WARRANTY
THE CURRICULUM IS PROVIDED "AS IS" WITH NO GUARANTEE OF COMPLETENESS, ACCURACY OR TIMELINESS. YALE DOES NOT WARRANT THAT ACCESS TO OR USE OF THE LICENSED CONTENT, THE CURRICULUM, THE INFORMATION PROVIDED THEREIN OR SERVICES PROVIDED THEREWITH WILL BE UNINTERRUPTED OR ERROR-FREE. YALE EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF AVAILABILITY, PERFORMANCE, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE.

LIMITATION OF LIABILITY. YALE SHALL NOT BE LIABLE FOR CONSEQUENTIAL, SPECIAL, INCIDENTAL, EXEMPLARY OR PUNITIVE DAMAGES ARISING DIRECTLY OR INDIRECTLY OUT OF LICENSEE'S OR ITS AUTHORIZED USERS' USE OF THE LICENSED CONTENT OR FOR LICENSEE'S AND ITS AUTHORIZED USERS' RELIANCE ON ANY INFORMATION PROVIDED BY OR IN THE LICENSED CONTENT OR CURRICULUM MATERIALS, EVEN IF YALE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YALE'S LIABILITY TO LICENSEE FOR ANY CLAIM FOR DAMAGES RELATING TO THE LICENSED CONTENT AND/OR THE CURRICULUM MATERIALS, REGARDLESS OF THE FORM OF THE ACTION, AND WHETHER BASED IN CONTRACT OR TORT, SHALL BE LIMITED IN THE AGGREGATE TO THE AMOUNT OF THE SEMESTER LICENSING FEE PAID BY LICENSEE FOR THE THEN CURRENT TERM.
Some jurisdictions do not allow limitations on how long an implied warranty lasts and some jurisdictions do not allow the exclusion or limitation of special, indirect, incidental, exemplary, or consequential damages, or the limitation of liability to specified amounts, so the above limitation and exclusion may not apply to you if prohibited by applicable law. You may also have other rights which vary from jurisdiction to jurisdiction. You agree that this Agreement shall not be subject to the United Nations Convention on Contracts for the International Sale of Goods.

General
If any provision of this Agreement is determined to be invalid or unenforceable under any applicable law, it shall be deemed omitted and the remaining provisions shall continue in full force and effect. This Agreement may be modified only in writing authorized by Yale. Yale's waiver of any right shall not constitute a waiver of that or any other right in the future. This web site is controlled and operated by Yale from its offices in Connecticut. This Agreement shall be governed by and construed in accordance with the laws and in the state and federal courts of the State of Connecticut, USA. Yale makes no representation that this material is appropriate for users in other jurisdictions. This Agreement constitutes the entire understanding between the parties with respect to the subject matter hereof, and all prior agreements, representations, statements, and undertakings, oral or written, are hereby expressly superseded and canceled.
Should you have any questions regarding this Agreement, you may contact Denise Brennan at denise.brennan@yale.edu or 203 573-7354.

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