GIDEON CD Subscription and License Agreement
Subscription - The GIDEON subscription option is for the number of registered
users specified to and licensed by GIDEON Informatics, Inc. (“GIDEON”). To
increase the number of users licensed, please contact sales at +1 323 934-0000
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GIDEON Informatics, Inc. Subscription and License Agreement
By opening and using the program you agree to become bound by the terms of this
Agreement. If you do not agree to these terms, do not open this CD-ROM package
and promptly return it, within ten days from the date of purchase of this
license, to the place of purchase for a refund. READ THE FOLLOWING USE
CONDITIONS AND DISCLAIMERS IN THIS AGREEMENT (THE "AGREEMENT") CAREFULLY BEFORE
USING THE PROGRAM.
In consideration of payment of the subscription fee, GIDEON will grant you a
non-transferable, non-exclusive right and revocable license to use and access
the GIDEON database and software (the "Licensed Materials") for the number of
users specified if you agree to the terms of this Agreement as follows:
OWNERSHIP. The License Materials are the sole and exclusive property of
GIDEON (or its subsidiaries, affiliates, or designees) or its suppliers and is
protected by copyright and other intellectual property laws. By paying the fee
required for this license and by opening the sealed package containing the
GIDEON CD-ROM, you do not become the owner of the Licensed Materials, but are
entitled to use them according to the terms of this Agreement. GIDEON may embed
technology in the Licensed Materials causing them to be inaccessible following
the end of your subscription.
You have purchased the right to use and access the Licensed Materials
for a specific limited period of time, i.e., the subscription period. At the end
of this period, your license and associated rights, such as technical support,
expire automatically, unless you have renewed your subscription on GIDEON's
then-current terms. The Agreement and your license to use the Licensed Materials
will also terminate if you fail to comply with any term or condition in this
Agreement. The intellectual property, including without limitation any and all
rights under copyright, in the Licensed Materials is owned by GIDEON. Copying of
the Licensed Materials or any part thereof, inclusion in other software, reverse
engineering, or modifications are expressly forbidden. No part of the Licensed
Materials may be reproduced, retransmitted, stored, distributed, disseminated,
sold, published, broadcast or circulated in any medium to anyone, including but
not limited to others in the same company or organization, without the express
prior written permission of GIDEON, except as otherwise expressly permitted
under fair use provisions of U.S. Copyright Law. Fair use provisions of U.S.
Copyright Law permit reproduction of single copies of copyrighted material for
your personal, non-commercial and private use. In determining whether the use
made of copyrighted material is "fair use", one factor to be considered includes
the amount and substantiality of the portion used in relation to the copyrighted
material as a whole. In the event of any permitted use of copyrighted material,
no modifications shall be made without written authorization from GIDEON. Any
requests for permission may be sent to: GIDEON,
7162 Beverly Blvd #322,
Los Angeles, CA 90036, USA, (fax) +1 413-487-9264, (email)
.
USE OF SUBSCRIBER INFORMATION
By entering into this Agreement, you also are agreeing that GIDEON may store the information you provided as part of the registration process and use aggregate statistical information about our subscribers in marketing our services, and to protect the security or integrity of the GIDEON services and the Licensed Materials. No one other than GIDEON or its employees, consultants or advisors will receive your name, address, phone number, e-mail address, or other specific personal identifying information without your express prior consent, unless required by law.
You also agree and authorize that GIDEON may use the information you provide to contact you via email or online postings in order to: fulfill and to respond to your requests for information or services, and to inform you about new features, functionality, or options related to the GIDEON services or the Licensed Materials. You may choose not to receive such information and/or to permit us to use your information in this manner by simply notifying us at www.GIDEONonline.com, or through other means provided within communications you receive.
RESTRICTION AGAINST TRANSFER. You may not sublicense, assign, share, sell,
rent, lease, or otherwise transfer your individual right to use the Licensed
Materials.
USE OF PROFESSIONAL JUDGMENT. The editors and authors of GIDEON have
conscientiously and carefully tried to create the identified diagnosis measures,
treatment alternatives and drug dosages in GIDEON that conform to the standards
of professional practice that prevailed at the time of publication. However,
standards and practices in medicine change as new data become available and the
individual medical professional should consult a variety of sources. For this
reason, only the most current release of GIDEON should be consulted when
information is sought. New updates are issued periodically; do not rely on older
versions. In addition, when prescribing medications, the user is advised to
check the product information sheet accompanying each drug to verify conditions
of use and identify any changes in dosage schedule or contraindications,
particularly if the agent to be administered is new, infrequently used or has a
narrow therapeutic range.
GIDEON describes basic principles of diagnosis and therapy. The information
provided in GIDEON is no substitute for individual patient assessment based upon
the healthcare provider's examination of each patient and consideration of
laboratory data and other factors unique to the patient. GIDEON should be used
as a tool to help the user reach diagnostic and treatment decisions, bearing in
mind that individual and unique circumstances may lead the user to reach
decisions not presented in GIDEON.
DISCLAIMER AND LIMITATION OF WARRANTY. The only warranty GIDEON makes to
you in connection with this license of the Licensed Materials is that if the
media containing the Licensed Materials are defective, such media will be
replaced without charge, if the media and proof of payment of the license fee
are returned to the place of purchase within sixty (60) days of the date of
payment of the license fee.
GIDEON selects what we believe to be the most outstanding and credible medical
material for inclusion in the Licensed Materials. The editors consult only
sources they deem reliable and competent. However, there may be delays,
omissions or inaccuracies in such information. This information is not intended
to replace professional medical advice and should not be used as the sole basis
or diagnosis or therapy.
The Licensed Materials may include facts, views, opinions and recommendations of individuals and organizations which we believe may be of interest to our subscribers. GIDEON does not guarantee the accuracy, completeness or timeliness of, or otherwise endorse, these view, opinions or recommendations.
GIDEON assumes no liability to patients with respect to the actions of physicians, health care facilities and other users, and is not responsible for any injury, death or damage resulting from the use, misuse or interpretation of information obtained through this program. Therapeutic options listed by the program are limited to published studies and reviews. Therapy should not be undertaken without a thorough assessment of the indications, contraindications and side effects of any prospective drug or intervention. Furthermore, the database is largely derived from incidence and prevalence statistics whose accuracy will vary widely for individual diseases and countries. Changes in endemicity, incidence, and drugs of choice may occur. The list of drugs, infectious diseases and even country names will vary with time. Although we endeavor to include such new information on a timely basis, a delay cannot be avoided.
EXCEPT FOR THE LIMITED WARRANTY FOR DEFECTIVE MATERIALS DESCRIBED ABOVE, NEITHER GIDEON NOR ANY OTHER PARTY OR ANY MEDICAL SOCIETY MAKES ANY WARRANTY OR REPRESENTATION, EXPRESS OR IMPLIED, WITH RESPECT TO THE LICENSED MATERIALS WHICH ARE LICENSED “AS IS”. GIDEON AND ITS AFFILIATES, AGENTS AND LICENSORS CANNOT AND DO NOT WARRANT THE ACCURACY, COMPLETENESS, CURRENTNESS, NONINFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OF INFORMATION AVAILABLE THROUGH GIDEON. YOU ASSUME ALL RISK AS TO THE QUALITY, FUNCTION AND PERFORMANCE OF THE LICENSED MATERIALS. NEITHER GIDEON NOR ANY OF ITS AFFILIATES, AGENTS OR LICENSORS SHALL BE LIABLE TO YOU OR ANYONE ELSE FOR ANY LOSS OR INJURY, CAUSED IN WHOLE OR PART BY ITS ACTIONS (INCLUDING BUT NOT LIMITED TO NEGLIGENCE OR CONTINGENCIES BEYOND ITS CONTROL) IN PROCURING, COMPILING, INTERPRETING, REPORTING OR DELIVERING INFORMATION THROUGH GIDEON. IN NO EVENT WILL GIDEON, ITS AFFILIATES, AGENTS OR LICENSORS BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DECISION MADE OR ACTION TAKEN BY YOU IN RELIANCE ON SUCH INFORMATION. GIDEON AND ITS AFFILIATES, AGENTS AND LICENSORS SHALL NOT BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DAMAGES (INCLUDING, WITHOUT LIMITATION, CONSEQUENTIAL, SPECIAL, INCIDENTAL, INDIRECT, OR SIMILAR DAMAGES) EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU AGREE THAT THE LIABILITY OF GIDEON, ITS AFFILIATES, AGENTS AND LICENSORS, IF ANY, ARISING OUT OF ANY KIND OF LEGAL CLAIM (WHETHER IN CONTRACT, TORT OR OTHERWISE) IN ANY WAY CONNECTED WITH THE INFORMATION PROVIDED BY GIDEON SHALL NOT EXCEED THE AMOUNT YOU PAID TO GIDEON FOR THE INFORMATION.
Some
states do not allow limitations on how long an implied warranty lasts and some
states do not allow the exclusion or limitation of incidental or consequential
damages, so the above limitation and exclusion may not apply to you. This
warranty gives you specific legal rights, and you may also have other rights
which vary from state to state. You agree that this Agreement shall not be
subject to the United Nations Convention on Contracts for the International Sale
of Goods.
GIDEON neither endorses nor takes responsibility for any products,
goods or services offered by outside vendors through our services or advertised
on our system.
Indemnification. You agree to defend, indemnify, and hold harmless GIDEON,
its officers, directors, employees, consultants, agents, co-branders or other
partners, from and against any claims, actions, liability, damages and/or
demands, including without limitation reasonable legal and accounting fees, made
by any third party due to or resulting from your use of the Licensed Materials;
your violation of the rights of others, this Agreement or any intellectual
property or other right of any person or entity; and any intellectual property
infringement by any other user of your account. This Agreement will inure to the
benefit of GIDEON's successors, assigns and licensors.
GENERAL.
If any provision of this Agreement is determined to be invalid or unenforceable
under any applicable law, it shall be deemed omitted and the remaining
provisions shall continue in full force and effect. This Agreement may be
modified from time to time only in writing authorized by GIDEON. Any changes
will be included in the copy of this license found at
www.GIDEONonline.com. If you do not agree to any such changes, you may
cancel your subscription. GIDEON's waiver of any right shall not constitute
waiver of that right in the future. This Agreement, your rights and obligations,
and all actions contemplated by this Agreement, shall be governed by and
construed in accordance with the laws of the United States of American and the
State of California, as if the Agreement was a contract wholly entered into and
wholly performed within California, without regard to the principles of conflict
of laws. This Agreement constitutes the entire understanding between the parties
with respect to the subject matter hereof, and all prior agreements,
representations, statements, and undertakings, oral or written, are hereby
expressly superseded and canceled.
Should you have any questions regarding this Agreement, you may contact GIDEON
at the address set forth below.
GIDEON Informatics, Inc.
7162 Beverly Blvd, Suite 322
Los Angeles, CA 90036
Telephone: +1 323-934-0000
Revised October 21st, 2004