Survivorship Care Plan Builder
As of 1/22/2008
This Agreement (“Agreement”) sets forth the terms and conditions for using this Software (“Software”), which was developed by NearSpace Inc. (“NearSpace”), and provided to you free of charge by the Journey Forward Project (“Journey Forward”). “Software” means the Survivorship Care Plan Builder computer program with which this Agreement is included and any updates or maintenance releases thereto. In order to use this Software, you must read this Agreement and accept its terms and conditions. By clicking your consent below, you indicate that you understand and accept this Agreement and its terms and conditions. Do not use the Software until you have carefully read the following Agreement. If you do not agree with this Agreement, delete and do not use the Software.
By clicking below, you represent that you are either: (a) authorized to consent on behalf of the Business, or (b)(i) signing in your capacity as an individual, to the extent that you are not so authorized to consent on behalf of the Business, (ii) an authorized individual has executed this Agreement on behalf of the Business, and (iii) your Business has given you permission to use the Software. The Business (the “Business”) refers to any professional organization including, but not limited to, partnerships, limited liability partnerships, limited liability companies, and corporations, in which you participate and to which this Software is being licensed.
License and Certain Restrictions
You are granted a limited non-exclusive license to use the object code of this Software on the computer(s) used by single or multiple individual(s). You may copy the printed materials accompanying the Software, if any, or print multiple copies of any user documentation.
The Software in its entirety is protected by the copyright laws and is owned, solely and exclusively, by NearSpace and licensed to the Journey Forward project. The Software also contains trade secrets, and you may not decompile, reverse engineer, disassemble, or otherwise reduce the Software to human-perceivable form or disable any functionality which limits the use of the Software. You may not modify, adapt, translate, rent or sublicense (including offering the Software to third parties on an applications service provider or time-sharing basis), assign, loan, resell or distribute the Software, disk(s), or related materials or create derivative works based upon the Software or any part thereof. You may not copy or modify the Software, in whole or part, or use trade secret information contained in the Software to develop software to interface with the Software.
NearSpace and/or Journey Forward may provide you with a mechanism to provide feedback, suggestions and ideas, if you choose, about the Software (“Feedback”). You agree that NearSpace and Journey Forward may, at their discretion, use the Feedback you provide in any way, including any future modifications of the Software and/or advertising and promotional materials relating thereto. You hereby grant NearSpace and Journey Forward a perpetual, worldwide, fully transferable, non-revocable, royalty-free license to use, modify, create derivative works from, distribute and display any information you provide in the Feedback.
This Agreement may be terminated by NearSpace or Journey Forward immediately and without notice if you fail to comply with any term or condition of this Agreement.
Upon such termination, you must immediately destroy all complete and partial copies of the Software, including all backup copies. NearSpace and Journey Forward reserve the right to discontinue all support for the Software, and/or for any features, services or content accessible through the Software at any time with or without cause.
IN USING THE SOFTWARE, HEALTH CARE PROFESSIONALS HAVE THE SOLE RESPONSIBILITY TO BE FULLY AWARE OF CURRENT PRACTICES AND STANDARDS, TO AVOID USE OF OUTDATED REGIMENS, TO EMPLOY GOOD CLINICAL JUDGMENT IN SELECTING REGIMENS/CALCULATING DOSES FOR INDIVIDUAL PATIENTS, AND TO VERIFY ALL DOSAGE CALCULATIONS. NEARSPACE AND JOURNEY FORWARD DISCLAIM ANY LIABILITY OR DAMAGES ARISING FROM ANY ERRORS, OR USE OF THE INFORMATION INCLUDED IN THE SOFTWARE. THE PRESCRIBING PHYSICIAN OR OTHER END USER IS SOLELY RESPONSIBLE FOR MAKING ALL DECISIONS RELATING TO APPROPRIATE PATIENT CARE INCLUDING, BUT NOT LIMITED TO, DOSE, SCHEDULE, AND ANY SUPPORTIVE CARE. THE INFORMATION AVAILABLE THROUGH THE SOFTWARE IS FOR INFORMATIONAL AND EDUCATIONAL PURPOSES ONLY AND IS NOT A SUBSTITUTE FOR THE PROFESSIONAL JUDGMENT OF THE HEALTH CARE PROFESSIONAL IN DIAGNOSING AND TREATING PATIENTS. YOUR RELIANCE UPON THE INFORMATION OBTAINED BY YOU THROUGH THE SOFTWARE IS SOLELY AT YOUR OWN RISK. IT IS SOLELY YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS AND USEFULNESS OF SUCH INFORMATION. YOU ASSUME FULL RESPONSIBILITY FOR THE PROPER INSTALLATION OF THE SOFTWARE AND FOR THE PROPER USE OF THE SOFTWARE TO ACHIEVE YOUR INTENDED PURPOSES.
THE SOFTWARE IS PROVIDED, MADE AVAILABLE, AND LICENSED HEREUNDER “AS IS” WITH NO WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NEARSPACE AND Journey Forward specifically disclaim and exclude ANY AND ALL WARRANTIES, expressed or implied, regarding this software and all related MATERIALS AND products including, but not limited to, any implied warranties as to quality, Security, accuracy, noninfringement, merchantability or fitness for any particular purpose. NEARSPACE AND JOURNEY FORWARD DO NOT WARRANT THAT THE SOFTWARE OR ANY RELATED CONTENT IS FREE FROM BUGS, VIRUSES, ERRORS OR OTHER PROGRAM LIMITATIONS.
LIMITATION OF LIABILITIES
IN NO EVENT SHALL NEARSPACE’S OR JOURNEY FORWARD’S LIABILITY TO YOU, INCLUDING, WITHOUT LIMITATION, YOUR USE OF THE SOFTWARE OR INFORMATION CONTAINED THEREIN, ARISING UNDER, OUT OF, OR IN CONNECTION WITH THIS AGREEMENT, FOR ANY REASON WHATSOEVER, REGARDLESS OF FORM OF ACTION, WHETHER IN CONTRACT OR TORT, INCLUDING NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EXCEED THE LESSER OF: (A) THE AMOUNTS PAID UNDER THIS AGREEMENT OR (B) $100.00.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT JOURNEY FORWARD AND NEARSPACE SHALL NOT BE LIABLE TO YOU, THE BUSINESS, OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA LOSS, THE COST OF PROCUREMENT OF ANY SUBSTITUTE SOFTWARE, AND/OR PATIENT HARM (EVEN IF YOU OR THE BUSINESS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE).
This Agreement sets forth NearSpace’s and Journey Forward’s entire liability and your exclusive remedy with respect to the Software. You acknowledge that this Agreement is a complete statement of the agreement between you and NearSpace and Journey Forward with respect to the Software, and that there are no other prior or contemporaneous understandings, promises, representations or descriptions with respect to the Software.
This Agreement does not limit any rights that NearSpace and Journey Forward may have under trade secret, copyright patent, trademark or other laws. The representatives of NearSpace and Journey Forward are not authorized to make modifications to this Agreement, or to make any additional representations, commitments or warranties binding on NearSpace and Journey Forward. Accordingly, such additional statements are not binding on NearSpace and Journey Forward and you should not rely upon such statements. If any provision of this Agreement is invalid or unenforceable under applicable law, then it is, to that extent, deemed omitted and the remaining provisions will continue in full force and effect. The validity and performance of this Agreement shall be governed by California law (without reference to choice of law principles), except as to copyright patent and trademark matters, which are covered by federal laws. This Agreement is deemed entered into at Rohnert Park, California, and shall be construed as to its fair meaning and not strictly for or against either party.
The NearSpace logo, among others, is a registered trademark of NearSpace, Inc. in the United States and other countries. Other parties’ trademarks or service marks are the property of their respective owners and should be treated as such.