This is a legal agreement ("Agreement") between you and the party licensing
these copyrighted INTERACT® materials, Florida Atlantic University
(“University”) located at 777 Glades Road in Boca Raton Florida 33431. This Agreement details the use of a
group of materials known as INTERACT® that includes certain electronic and/or
written materials such as pdf, Excel and Word documents available on a web page.
This Agreement covers your permitted download, installation of these documents
on your computer, and use of the INTERACT® Licensed Materials (defined below). BY CLICKING ON THE "I AGREE" BUTTON
ABOVE AND PRESSING THE ENTER KEY, YOU ACKNOWLEDGE THAT YOU HAVE READ ALL OF THE
TERMS AND CONDITIONS OF THIS AGREEMENT, UNDERSTAND THEM, AND AGREE TO BE LEGALLY
BOUND BY THEM. If you do not agree with the terms of this Agreement and click
the “I DISAGREE” button above, you may not download, install or use the
INTERACT® Licensed Materials. As used in this Agreement, " INTERACT®
Licensed Materials" means the INTERACT® documents downloaded from this website
in electronic (pdf, Word, Excel etc.) or written format.
1. FEES. Clinical use of INTERACT® Licensed Materials is provided without
charge, but use and access of these materials is contingent on following the
terms of this Agreement.
2. GRANT OF LICENSE. Subject to the terms and conditions of this Agreement,
University grants to you a limited, non-exclusive, non-transferable license (the
" INTERACT® License") to download, install and use the INTERACT® Licensed
Materials solely for your internal operations and internal business purposes.
University shall retain all title, copyright, trademark rights, and other
intellectual proprietary rights in, and ownership of, the INTERACT® Licensed
Materials regardless of the media upon which the original or any copy may be
recorded or fixed. Any rights in INTERACT® Licensed Materials not granted
herein are expressly reserved by University.
3. SCOPE OF USE. Your use of the INTERACT® Licensed Materials may not exceed
the applicable use restrictions under this Agreement.
4. OTHER RESTRICTIONS. THESE MATERIALS MAY NOT BE RESOLD; THESE MATERIALS MAY
NOT BE INCORPORATED INTO SOFTWARE, INCLUDING BUT NOT LIMITED TO ELECTRONIC
HEALTHCARE RECORD SYSTEMS; NO REVERSE ENGINEERING. You shall not directly or
indirectly: (i) sell, lease, redistribute or transfer any of the INTERACT®
Licensed Materials, whether in printed or electronic form; (ii) modify,
create software programs based on, translate, create derivative works based on, sublicense, or distribute any of
the INTERACT® Licensed Materials; (iii) rent, lease or license any rights in any
of the INTERACT® Licensed Materials in any form to any person; (iv) you may not
use any INTERACT® Licensed Materials for the benefit of any third parties or in
any way other than your internal operations and internal business purposes; (v)
or remove, alter or obscure any proprietary or copyright or trademark notices,
labels, or marks on or within the INTERACT® Licensed Materials or any copies
thereof. You are responsible for all use of the INTERACT® Licensed Materials and
for any downloading, installing and using the INTERACT® Licensed Materials and
for compliance with this Agreement; any breach by you or any user shall be
deemed to have been made by you. This Agreement does not transfer to
you any title or any ownership right or interest in any INTERACT® Licensed
Materials or in any other intellectual property rights of University. You
acknowledge that the INTERACT® Licensed Materials and that the trademark
INTERACT® used alone and with associated logos as in US Registration No.
4,236,059, as used in connection with these products is owned by University.
You are not permitted to make any use of or alteration to the INTERACT®
trademarks beyond the terms of this Agreement without the written authorization
of University. Printing by a third party print vendor is permissible, provided that the INTERACT licensed materials are not altered, that the INTERACT trademark and footer are present, that no 3rd party trademark is applied, and that what you print is only for your internal use and that you print no more than is necessary for your own internal use.
6. WARRANTY AND DISCLAIMER. INTERACT® LICENSED MATERIALS, AND ANY OTHER
DOCUMENTATION, MATERIALS AND/OR DATA PROVIDED BY UNIVERSITY ARE PROVIDED "AS IS"
AND "WITH ALL FAULTS," AND UNIVERSITY
EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES OF ANY KIND OR NATURE, WHETHER
EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF
OPERABILITY, CONDITION, TITLE, NON-INFRINGEMENT, NON-INTERFERENCE, QUIET
ENJOYMENT, VALUE, ACCURACY OF DATA, OR QUALITY, AS WELL AS ANY WARRANTIES OF
MERCHANTABILITY, WORKMANSHIP,
SUITABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR THE ABSENCE OF ANY DEFECTS
THEREIN, WHETHER LATENT OR PATENT. NO WARRANTY IS MADE BY UNIVERSITY ON THE
BASIS OF TRADE USAGE, COURSE OF DEALING OR COURSE OF TRADE. UNIVERSITY DOES NOT WARRANT THAT THE INTERACT®
LICENSED MATERIALS OR ANY OTHER INFORMATION, MATERIALS, DOCUMENTATION OR
TECHNOLOGY PROVIDED UNDER THIS AGREEMENT WILL MEET YOUR REQUIREMENTS OR THAT THE
OPERATION THEREOF WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT ALL ERRORS WILL
BE CORRECTED. YOU ACKNOWLEDGE THAT UNIVERSITY’S OBLIGATIONS UNDER THIS
AGREEMENT ARE FOR YOUR BENEFIT ONLY. University makes no warranty associated
with the use of INTERACT® Licensed Materials to change the clinical outcome or
aggregate re-hospitalization rates for Long Term Care Facilities or other health
care facilities or health care practitioners that choose to utilize INTERACT®
Licensed Materials.
7. LIMITATION OF LIABILITY. IN NO EVENT
WILL UNIVERSITY BE LIABLE FOR NEGLIGENCE, STRICT LIABILITY, BREACH OF CONTRACT,
MISREPRESENTATION AND OTHER CONTRACT OR TORT CLAIMS ARISING FROM OR RELATED TO
THIS AGREEMENT, OR THE USE OF THE INTERACT® LICENSED MATERIALS.
8. GOVERNING LAW; ARBITRATION. This Agreement shall be governed in all respects
by the laws of the State of Florida, USA, without regard to choice-of-law rules
or principles.
9. SEVERABILITY. If any provision of this Agreement is held to be illegal or
unenforceable for any reason, then such provision shall be deemed to be restated
so as to be enforceable to the maximum extent permissible under law, and the
remainder of this Agreement shall remain in full force and effect.
10. ASSIGNMENT. You may not assign or otherwise transfer this Agreement without
University’s prior written consent.