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MedFetch Terms and Conditions/License Agreement
BY CLICKING THE ACCEPTANCE BUTTON, YOU ARE CONSENTING TO BE BOUND BY AND ARE BECOMING A PARTY TO THIS AGREEMENT. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, CLICK THE DECLINE BUTTON INDICATING THAT YOU DO NOT ACCEPT THE TERMS AND DO NOT WISH TO SIGN-UP FOR THIS SERVICE. MEDFETCH CLIENT END USER LICENSE AGREEMENT REDISTRIBUTION OF INFORMATION RESTRICTED This Agreement sets forth the terms and conditions of your use of the accompanying MedFetch client software program (the "Software"). As used in this Agreement, "MedFetch" shall mean MedFetch, LLC, a Limited Liability Corporation headquartered in Shrewsbury, Massachusetts with offices at 14 Hemingway St, Shrewsbury, MA 01545. For purposes of this Agreement, "Licensor" shall be "MedFetch". LICENSE GRANT. Licensor grants you a non-exclusive and non-transferable license to use the Software and accompanying documentation, subject to the limitations below. If you are using MedFetch for a limited time for the purpose of evaluating whether to purchase an ongoing license to that product ("Trial User"), there is no fee for this license. The evaluation period for use of Evaluation Software is limited to thirty (30) or forty-five (45) days. Unless you have purchased a subscription for the Software ("Pro Client"), the license granted under this Agreement does not grant you any right to use the Software beyond the ability to perform Automated Medline Queries ("Lite Client"). Lite Clients receive a free MedFetch License. Licenses can be revoked at any time at the sole discretion of MedFetch. Licensees must abide by all Copyright Laws as detailed in the Agreement. Attempts to circumvent Copyright Laws will be grounds for immediate revocation of the MedFetch license. By default, Lite Clients will not be able to access PDFs through MedFetch. Pro Clients with an EZ-Proxy account and Institutional Clients may have the ability to view full-text PDFs if they or their supporting organization have obtained permission from the copyright holder to view these digital documents. Pro Clients can invite other MedFetch users to Follow their Resources (AMQs and Folders). Permission to view PDFs you upload can be granted, but as a Pro Client you are personally responsible for complying with all copyright laws relating to any document you upload. To ensure a modicum of protection, MedFetch will from time to time monitor the status of every resource. If a Resource is being excessively shared, we reserve the right to block access to or permanently delete the copyrighted material. Repetitive abuses may result in immediate suspension of MedFetch privileges without a refund for unused service time and possible referral to legal authorities to report copyright violations. If you are using the MedFetch Software for any other purpose, this license grant may be subject to the payment of applicable license fees. If you are using the Software through an institutional account ("Institutional Client"), you are not entitled to receive support or telephone assistance unless the entity from which you received the Institutional Software provides you with support. In addition, if the Software was included with a third party product or service, you may use the Software only with such product or service. LIMITATIONS ON USE. With respect to all Software, you may not: € modify, translate, reverse engineer, decompile, disassemble (except and solely to the extent an applicable statute expressly and specifically prohibits such restrictions), or create derivative works based on the Software; € rent, lease, grant a security interest in, or otherwise transfer rights to the Software; or € remove or alter any trademark, logo, copyright or other proprietary notices, legends, symbols or labels in the Software, or in copies you have made of the Software. € use the Institutional Software on a network if a licensed copy of the Institutional Software has been acquired for each person permitted to access the Institutional Software through the network; € if you have purchased a license for multiple users of the Software under a single Institutional account, the maximum number of users of the Software is the total number of users as licensed with the Licensor. With respect to any data retrieved through the use of the SOFTWARE ("AMQ DATA"): € Licensee may use the Software to access the Data solely for personal use of the Licensee. € Licensee is solely responsible for any interpretation that Licensee may make of the Data accessed, and is responsible for independent verification of accuracy, interpretation and suitability of such Data when used in any medical, clinical, treatment or research decision making. € Licensee shall be limited to approximately 1,000 records per month from MEDLINE; may include up to approximately 12,000 records for each year covered. € Some material in the NLM databases is from copyrighted publications of the respective copyright claimants. Users of the NLM databases are solely responsible for compliance with any copyright restrictions and are referred to the publication data appearing in the bibliographic citations, as well as to the copyright notices appearing in the original publications, all of which are hereby incorporated by reference. Those who search MEDLARS databases may download for personal use and may provide others with a single copy of downloaded data. DISCLAIMER OF WARRANTY FOR THE SOFTWARE. The Software is provided on an "AS IS" basis, without warranty of any kind, including without limitation the warranties that the Software is free of defects, merchantable, fit for a particular purpose or non-infringing. The entire risk as to the quality and performance of the Software is borne by you. Should the Software prove defective in any respect, you and not Licensor or its suppliers assume the entire cost of any service and repair. In addition, the security mechanisms implemented by the Software have inherent limitations, and you must determine that the Software sufficiently meet your requirements. This disclaimer of warranty constitutes an essential part of this Agreement. No use of the Software is authorized hereunder except under this Disclaimer. LIMITED WARRANTY FOR INSTITUTIONAL SERVICE. Only if you inform Licensor of your problem with the Professional Software during the applicable period will Licensor be obligated to honor this warranty. Licensor will use reasonable efforts to repair, replace, and advise pursuant to the foregoing warranty within thirty (30) days of being so notified. If any modifications are made to the Software by you during the period governed by this Agreement; if the media is subjected to accident, abuse, or improper use; or if you violate the terms of this Agreement, then this Agreement shall immediately terminate. THIS IS A LIMITED WARRANTY, AND IT IS THE ONLY WARRANTY MADE BY LICENSOR OR ITS SUPPLIERS. LICENSOR MAKES NO OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT OF THIRD PARTIES' RIGHTS. YOU MAY HAVE OTHER STATUTORY RIGHTS. HOWEVER, TO THE FULL EXTENT PERMITTED BY LAW, THE DURATION OF STATUTORILY REQUIRED WARRANTIES, IF ANY, SHALL BE LIMITED TO THE ABOVE LIMITED WARRANTY PERIOD. MOREOVER, IN NO EVENT WILL WARRANTIES PROVIDED BY LAW, IF ANY, APPLY UNLESS THEY ARE REQUIRED TO APPLY BY STATUTE NOTWITHSTANDING THEIR EXCLUSION BY CONTRACT. NO DEALER, AGENT, OR EMPLOYEE OF LICENSOR IS AUTHORIZED TO MAKE ANY MODIFICATIONS, EXTENSIONS, OR ADDITIONS TO THIS LIMITED WARRANTY. TITLE. Title, ownership rights, and intellectual property rights in the Software and Documentation shall remain in MedFetch and/or its suppliers. You acknowledge such ownership and intellectual property rights and will not take any action to jeopardize, limit or interfere in any manner with MedFetch's or its suppliers' ownership of or rights with respect to the Software and Documentation. The Software and Documentation are protected by copyright and other intellectual property laws and by international treaties. Title and related rights in the content accessed through the Software is the property of the applicable content owner and is protected by applicable law. The license granted under this Agreement gives you no rights to such content. TERMINATION. This Agreement and the license granted hereunder will terminate automatically if you fail to comply with the limitations described herein. Upon termination, you must destroy all copies of the Software and Documentation. Your obligations to pay accrued charges and fees shall survive any termination of this Agreement. LIMITATION OF LIABILITY. UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, WHETHER TORT, CONTRACT, OR OTHERWISE, SHALL LICENSOR OR ITS SUPPLIERS OR RESELLERS BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES. IN NO EVENT WILL LICENSOR BE LIABLE FOR ANY DAMAGES IN EXCESS OF THE AMOUNT LICENSOR RECEIVED FROM YOU FOR A LICENSE TO THE SOFTWARE, EVEN IF LICENSOR SHALL HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY THIRD PARTY. THIS LIMITATION OF LIABILITY SHALL NOT APPLY TO LIABILITY FOR DEATH OR PERSONAL INJURY RESULTING FROM LICENSOR'S NEGLIGENCE TO THE EXTENT APPLICABLE LAW PROHIBITS SUCH LIMITATION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS EXCLUSION AND LIMITATION MAY NOT APPLY TO YOU. HIGH RISK ACTIVITIES. The Software is not fault-tolerant and is not designed, manufactured or intended for use on-line control equipment in hazardous environments requiring fail-safe performance, such as in the operation of medical research labs, health care facilities or weapons systems, in which the failure of the Software could lead directly to death, personal injury, or severe physical or environmental damage ("High Risk Activities"). Accordingly, Licensor and its suppliers specifically disclaim any express or implied warranty of fitness for High Risk Activities. MISCELLANEOUS. This Agreement represents the complete agreement concerning the license granted hereunder and may be amended at any time at the sole discretion of MedFetch (electronic or otherwise). The most current license Agreement will be available on the MedFetch.com website. If any provision of this Agreement is held to be unenforceable, such provision shall be reformed only to the extent necessary to make it enforceable. Unless otherwise agreed in writing, all disputes relating to this Agreement (excepting any dispute relating to intellectual property rights) shall be subject to final and binding arbitration in Boston, Massachusetts, with the losing party paying all costs of arbitration. This Agreement shall be governed by Massachusetts law, excluding conflict of law provisions (except to the extent applicable law, if any, provides otherwise). The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. MedFetch Software copyright 1997-2012 Rev. 12/06/1999, 10/28/2010
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N. Engl. J. Med.
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