PLEASE READ THIS AGREEMENT CAREFULLY
1. ACCEPTANCE OF TERMS
By clicking on the "I agree" or "yes" button below, User acknowledges that User has read this agreement, understands it, and agrees to be bound by it. If User does not agree to any of the terms below, Medical Media Systems is unwilling to license the Medical Media Systems information to User, and User should close the browser window to discontinue the registration process.
Welcome to Medical Media Systems. Our mission is to provide health professionals and students in the health professions with advanced yet easy-to-use tools and knowledge needed to provide the highest quality medical care to their patients. Your use of this web site and the Service (as defined below) is subject to your agreement to these Terms and Conditions of Service. Please note that these Terms and Conditions of Service include any posted guidelines or rules applicable to particular services that may be posted from time to time and, if you later enroll in any services offered to health professionals, any Enrollment Form, Service Agreement or similar agreement that you complete at the time of such enrollment, all of which are incorporated as though fully set forth herein ("Terms and Conditions"). These Terms and Conditions govern your use of the Medical Media Systems site and Service and may be updated by Medical Media Systems from time to time without notice to you.
This is a license agreement ("Agreement") between Medical Media Systems and the Authorized User or healthcare provider ("User") who has accessed the website through the site license link provided by your institution (“Subscriber”). This agreement provides the User the right to access and view the streaming video and other content thereto made available by Medical Media Systems. The content is referred to collectively as the "Service." Medical Media Systems is willing to grant licensee the following license (The "License") to use the Medical Media Systems information according to this agreement, only on the condition that User accepts all terms in this agreement.
1.1. “Products” made subject to this Agreement consist of: (i) the “Streaming Video Physical Diagnosis Website,” and any modifications, enhancements, updates, upgrades or new releases produced by MMS during the term of the Agreement, (ii) the “Documentation” consisting of any instructional materials produced and owned by MMS relating to the Products as provided in electronic form during the term of the Agreement; (iii) computer capacity to support current User, and (v) subscriber support services, via telephone, facsimile transmission, website, or Internet E-mail.
1.2. “Authorized Site(s)” means a Subscriber site composed of (i) single or multiple institutions, (ii) single or multiple geographic locations or (iii) a combination of the aforementioned for which Subscriber requests designation by MMS as sites authorized to access the Products as specified by a single IP address or multiple IP address or by an IP address range. In the event that Subscriber acquires or merges with another related or affiliated entity during the term of this Agreement, such acquired or merged entity may be deemed a separate additional site subject to additional access fees and subscription fees, at MMS’s discretion.
1.3. “Authorized Users” mean: (i) Subscriber; (ii) authorized employees of Subscriber, if Subscriber is a corporation or other organization; provided however, that employees of an entity which is acquired by or merged with the Subscriber during the term of this Agreement will not be deemed Authorized Users for purposes of this Agreement; (iii) Persons Affiliated with Subscriber. Full and part time students and employees (including faculty, staff, affiliated researchers and independent contractors) and other valid ID holders of Subscriber and its member institutions, regardless of the physical location of such persons. and (iv) patrons of Subscriber, if Subscriber is a public library offering access to the Products. For purposes of this Agreement, any other persons, institutions, associations or organizations related or affiliated with Subscriber will not be deemed “Authorized Users” without MMS’s express consent.
1.4 “Authorized Uses”
Authorized User may make all use of the Licensed Materials as is consistent with the Fair Use Provisions of United States and international law. Nothing in this Agreement shall be interpreted to limit in any way whatsoever Subscriber's or any Authorized User's rights under the Fair Use provisions of United States or international law to use the Licensed Materials.
The Licensed Materials may be used for purposes of research, education, training or other non-commercial use as follows:
Definition: Core Instructional Files refers to streaming video, streaming audio, image, textual, or other file formats that provide specific content on educational topic sections provided by MMS. These content areas include Examination Technique, Heart Sounds, Ophthalmoscopy and Abnormal Findings. This definition excludes help screens, screen shots, and any other documentation on the MMS website which is used to explain the content, navigation and/or any other features of the website. It also excludes downloadable text and pocket digital assistant (PDA) files offered free of charge to the public, with or without subscription access.
Display. Authorized User shall have the right to electronically display the Licensed Materials.
Digitally Copy. Authorized User may download and digitally copy a reasonable portion of the Licensed Materials, excluding Core Instructional Files.
Print Copy. Authorized User may print a reasonable portion of the Licensed Materials, excluding Core Instructional Files.
All usage of Core Instructional Files on the MMS website is by internet access only. Access to these Core Instructional Files is limited to the duration of the subscriber agreement and is terminated when the subscriber agreement is terminated.
MMS Core Instructional Files may not be archived in the LOCKSS system.
Caching. Excluding Core Instructional Files (exception below), Authorized User may make such local digital copies of the Licensed Materials as are necessary to ensure efficient use by Authorized Users by appropriate browser or other software. Exception: Automatic caching of MMS web pages by web browsers is permitted, regardless of content.
Collections of Information. If the Licensed Materials are a database, compilation, or collection of information, Authorized User shall be permitted to extract or use information contained in the database for educational, scientific, or research purposes, including extraction and manipulation of information for the purpose of illustration, explanation, example, comment, criticism, teaching, research, or analysis, excluding Core Instructional Files.
Course Packs. Authorized User may use a reasonable portion of the Licensed Materials in the preparation of Course Packs or other educational materials, excluding Core Instructional Files.
Course Reserves (Print and Electronic). Authorized User may use a reasonable portion of the Licensed Materials for use in connection with specific courses of instruction offered by Subscriber and/or its member institutions as long as availability of Core Instructional Files is limited to internet access through the Subscriber’s IP address(es).
Indices. Authorized User may use the Licensed Materials in connection with the preparation of or access to integrated indices to the Licensed Materials, including author, article, abstract and keyword indices as follows: Access to licensed materials will occur only through the public MMS URL or universal link provided to the Subscriber. No other linkage to web pages or media within the website will be authorized.
Scholarly Sharing. Authorized User may transmit to a third party colleague in hard copy or electronically, minimal, insubstantial amounts of the Licensed Materials, excluding Core Instructional Files, for personal use or scholarly, educational, or scientific research or professional use but in no case for re-sale. In addition, Authorized User has the right to use, with appropriate credit, figures, tables and brief excerpts from the Licensed Materials in the Authorized User’s own scientific, scholarly and educational works, excluding Core Instructional Files.
Interlibrary Loan. As access to the MMS website is limited to the Subscriber and Authorized Users, no interlibrary loan of access to the MMS website will be permitted.
1.5 “Specific Restrictions on Use of Licensed Materials”
Unauthorized Use. Authorized User shall not knowingly permit unauthorized users to use the Licensed Materials except through the Medical Media Systems public URL: http://www.medicalmediasystems.com.
Modification of Licensed Materials. Authorized User shall not modify or create a derivative work of the Licensed Materials without the prior written permission of MMS.
Removal of Copyright Notice. Authorized User may not remove, obscure or modify any copyright or other notices included in the Licensed Materials.
Commercial Purposes. Other than as specifically permitted in this Agreement, Authorized User may not use the Licensed Materials for commercial purposes, including but not limited to the sale of the Licensed Materials or bulk reproduction or distribution of the Licensed Materials in any form.
2. USE OF THE PRODUCTS.
2.1. In site-license arrangements, MMS will arrange IP address authentication as specified in section 1.2. Subscriber and Authorized Users are responsible for all charges against Subscriber’s IP address or IP address range. This includes Subscriber and Authorized user’s internet connection fees, telephone fees, computer fees, equipment fees, information systems support fees, etc.
2.2. The terms and conditions of this Agreement may not be changed without mutual agreement and negotiation, and by written permission from both MMS and Subscriber.
3. PROPRIETARY RIGHTS AND USE RESTRICTIONS FOR THE PRODUCT(S).
3.1. The website is produced and owned by MMS. Additional content within the site may be licensed to MMS under separate agreements between MMS and certain information Providers (the “Information Providers”) and are proprietary to such Information Providers. Title, as well as applicable copyrights, patents, trademarks, trade secrets or other intellectual property rights in and to the materials in the Products are, and remain the property of MMS, Information Providers or individual copyright claimants, as applicable.
3.2. Information Providers may modify or assign additional terms and conditions, as made available to Subscriber by MMS, from time to time, which affect the Authorized Users’ use of the Product(s), including without limitation, changes in subscription rates, use restrictions or guidelines. Those terms and conditions will prevail and control use of the relevant content. Subscriber hereby grants to MMS and/or Information Providers the right to enforce or assert on their own behalf the provisions of this Agreement to the extent they pertain to the content contained in the Product(s).
3.3. MMS requires Authorized Users to agree to terms relating to the use of the Product before permitting Authorized Users to gain access to the Product. In no event shall such terms materially differ from the provisions of this Agreement. In the event of any conflict between such terms and this Agreement, the terms of this Agreement shall prevail.
4. WARRANTIES AND LIMITATIONS ON WARRANTIES.
Subject to the Limitations set forth elsewhere in this Agreement:
4.1. MMS warrants that it has the right to license the rights granted under this Agreement to use Licensed Materials, that it has obtained any and all necessary permissions from third parties to license the Licensed Materials, and that use of the Licensed Materials by Authorized Users in accordance with the terms of this Agreement shall not infringe the copyright of any third party.
4.2. MMS shall indemnify and hold Subscriber and Authorized Users harmless for any losses, claims, damages, awards, penalties, or injuries incurred, including reasonable attorney's fees, which arise from any claim by any third party of an alleged infringement of copyright or any other property right arising out of the use of the Products by the Subscriber or any Authorized User in accordance with the terms of this Agreement. This indemnity shall survive the termination of this agreement.
Similarly, Subscriber and Authorized Users shall indemnify and hold MMS harmless for any losses, claims, damages, awards, penalties, or injuries incurred, including reasonable attorney's fees, which arise from any claim by any third party arising out of or relating to (A) the Subscriber’s use of the service or content provided thereon or any software furnished in connection therewith and (B) any data or information input on the service by Subscriber, in all case including but not limited to losses for tort, personal injury, medical malpractice or product liability. As between the Subscriber and Medical Media Systems, the Subscriber and Authorized Users hereby assume full responsibility for insuring the appropriateness of using and relying upon the information in view of all attendant circumstances, indications and contradictions.
NO LIMITATION OF LIABILITY SET FORTH ELSEWHERE IN THIS AGREEMENT IS APPLICABLE TO THIS INDEMNIFICATION.
Notwithstanding anything else in this Agreement:
4.3. Neither party shall be liable for any indirect, special, incidental, punitive or consequential damages, including but not limited to loss of data, business interruption, or loss of profits, arising out of the use of or the inability to use the Licensed Materials.
4.4. MMS makes no representation or warranty, and expressly disclaims any liability with respect to the content of any Licensed Materials, including but not limited to errors or omissions contained therein, libel, infringement of rights of publicity, privacy, trademark rights, moral rights, or the disclosure of confidential information.
4.5. Except for the express warranties stated herein, the Products are provided on an "as is" basis, and MMS disclaims any and all other warranties, conditions, or representations (express, implied, oral or written), relating to the Products or any part thereof, including, without limitation, any and all implied warranties of quality, performance, merchantability or fitness for a particular purpose. MMS makes no warranties respecting any harm that may be caused by the transmission of a computer virus, worm, time bomb, logic bomb or other such computer program. MSS further expressly disclaims any warranty or representation to Authorized Users, or to any third party.
4.6. Neither MMS nor its employees and agents will be liable for assistance provided to Authorized Users in using the Products and any such assistance received from MMS employees or agents will be solely at Authorized Users’ risk.
4.7. Authorized Users, including physicians, health care workers and other professional persons using the Products must understand that this is an educational tool and cannot rely on the information contained in the Products. Alternatively, they must rely on their clinical discretion, judgment and expertise in diagnosis and treatment.
4.8. As a consequence of factors affecting the transmission of the Products which are beyond MMS’s control, MMS will not guarantee performance of the Products through the Internet or other transmission modes.
4.9. Any cause of action whether brought by MMS, Authorized Users or any third party concerning the Products must be commenced within one (1) year after such cause of action has accrued.
5. ENTIRE AGREEMENT. This Agreement constitutes the entire agreement of the parties and supersedes all prior communications, understandings and agreements relating to the subject matter hereof, whether oral or written.
6. FORCE MAJEURE. Neither party shall be liable in damages or have the right to terminate this Agreement for any delay or default in performing hereunder if such delay or default is caused by conditions beyond its control including, but not limited to Acts of God, Government restrictions (including the denial or cancellation of any export or other necessary license), wars, insurrections and/or any other cause beyond the reasonable control of the party whose performance is affected.
7. SEVERABILITY. If a term or condition of this Agreement is found by a court or administrative agency to be unenforceable, the remaining terms and conditions will remain in full force and effect.
8. GOVERNING LAW. This Agreement will be governed by the laws of the State of Illinois, without giving effect to the principles of conflict of law thereof.
The website, its content and any provided software is protected by United States copyright law and international treaty. Unauthorized reproduction or distribution is subject to civil and criminal penalties.
COPYRIGHT 2019 MEDICAL MEDIA SYSTEMS. ALL RIGHTS RESERVED.