for Informational and Educational Purposes

 

When you do any of the following, you are agreeing to the terms of this End-User License Agreement (“EULA”):
 

As used herein, the term “you” means any individual or entity accessing the Site or using the Software.

 

 

The General Hospital Corporation (“MGH”) is a not-for-profit corporation, and has the charitable missions of furthering and improving patient care, undertaking biomedical research, and engaging in educational activities benefiting medical students, interns, residents, and other medical personnel.  MGH owns all rights, title and interest in the software entitled “Hughes riskApps” (“Software”), which is protected by Copyright laws and other intellectual property rights.  MGH makes the Software available to researchers and educators for informational and educational purposes only.
 

This EULA is a legal agreement between you and MGH.  It sets forth the terms and conditions under which MGH agrees to give you permission to use the Software.  By submitting a signed copy of this agreement to MGH, you are agreeing to be bound by all of the terms and conditions set forth herein.  If MGH grants your request to license the Software, MGH will sign this agreement, return a copy to you, and make the Software available to you to download.

 

MGH grants to you, the “Licensee,” a royalty-free, non-exclusive, non-transferable, revocable license to use a copy of the Software for non-commercial research or academic purposes only. This license is limited to the individual, institution or organization that signs this EULA, and its employees, staff, faculty, students, and agents. 

 

No right to sublicense or assign this license to is granted herein.

 

 

THE SOFTWARE IS NOT FDA APPROVED. THE SOFTWARE MAY BE USED ONLY AS A REFERENCE TOOL AND FOR CLINICAL EDUCATION, SIMILAR TO THE USE OF A TEXTBOOK OR A JOURNAL ARTICLE.

 

THE SOFTWARE SHALL NOT BE USED AS A DIAGNOSTIC DECISION MAKING SYSTEM AND SHOULD NOT BE USED AS A SUBSTITUTE FOR QUALIFIED PHYSICIAN OR OTHER QUALIFIED HEALTHCARE PROFESSIONAL DIAGNOSTIC DECISION MAKING.

 

THE RESPONSIBILITY FOR DECISIONS REGARDING ACTUAL PATIENT CARE RESTS SOLELY WITH THE PHYSICIAN OR NURSE PRACTITIONER TREATING A PATIENT.

 

You may not copy or distribute the Software in any form beyond your premises. You may not rent, lend, lease, sell, resell, or otherwise transfer for value, the Software. You agree not to reverse engineer, decompile, or disassemble the Software. You agree not to remove or obscure the Software's copyright notices.

 

You agree not to use the Software for any commercial, clinical or decision making activities. You also agree that the Software shall not be used as the basis of a commercial software or hardware product and that the Software shall not be rewritten in another computer language or otherwise adapted to circumvent the need for obtaining a license from MGH for use of the Software other than as specified by this EULA.

 

Your use of the Software may also require use of other software, such as BRCAPRO software. You are responsible for securing any additional software and licenses you may need. At the time this EULA was prepared, the BRACAPRO software was available at the following site:

 

 

 

This EULA does not grant you any rights to use the name, trademark, service mark, logo or other identifying characteristics of MGH or any of its affiliates. All rights not expressly granted in this EULA are reserved by MGH.

 

 

TO THE FULLEST EXTENT PERMITTED BY LAW, MGH PROVIDES THE SOFTWARE AND CONTENT ON THE SITE "AS IS" AND WITH ALL FAULTS, ERRORS AND DEFECTS, AND NEITHER MGH NOR ANY OF ITS PERSONNEL NOR ANY OF ITS AFFILIATES IS RESPONSIBLE FOR ENSURING THAT ANY IMPLEMENTATION OF THE SOFTWARE OR SITE CONTENT WILL BE CLINICALLY SOUND, WITHOUT ERROR, OR OTHERWISE SUCCESSFUL. THE RIGHTS GRANTED IN THIS EULA ARE MADE AVAILABLE WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

 

TO THE FULLEST EXTENT PERMITTED BY LAW, MGH SHALL NOT BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT WITHOUT LIMITATION, ANY DAMAGES RESULTING FROM LOSS OF USE OR LOST BUSINESS, REVENUE, PROFITS, DATA OR GOODWILL) ARISING IN CONNECTION WITH THIS EULA OR OTHERWISE, WHETHER IN AN ACTION IN CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

 

You agree to defend, indemnify and hold harmless MGH and its affiliates, trustees, officers, employees, staff members, agents or contractors from and against any claim, charge, demand, action or suit, whether in contract, tort, strict liability, negligence or otherwise, for any and all losses, costs, charges, claims, demands, fees, expenses or damages of any nature or kind arising out of, connected with or resulting from (i) the use of the Software by you, your affiliates, employees, staff, faculty, students, agents or any other individual you permit to access the Software, or (ii) relating in any way to this EULA.

 

The construction and performance of this EULA will be governed by the laws of the Commonwealth of Massachusetts, without regard to conflicts of laws principles. In addition, the Parties agree to submit to the exclusive jurisdiction of the state or federal courts within the Commonwealth of Massachusetts for any proceeding arising out of or in connection with this EULA, and each Party agrees not to commence any such proceeding except in such courts, and waives any objection to the laying of venue of any such proceeding in such courts.

 

No waiver of any of the terms set forth herein shall be deemed a further and continuing waiver of such term or condition or any other term or condition.

 

If any of the terms or conditions contained herein is invalid or unenforceable under applicable law, the remaining provisions shall continue in full force and effect, and the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision.

 

All rights not expressly granted herein are hereby reserved.

 

 

This EULA sets forth all of the covenants, provisions, agreements, conditions, and understandings between the parties regarding the subject matter herein, and there are no covenants, promises, agreements, conditions, or understandings, either oral or written, between them other than those set forth herein.

 

Should you have any concerns regarding this EULA contact us at [to be filled in]

 

Revised January 2010