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READ CAREFULLY. This End User License is a legal agreement between you, the End User, and the Children’s Hospital of Philadelphia (“CHOP”). CHOP is making available OPEN, (“Materials”) to you at no charge under the terms of this License. In accessing, installing, and/or using the Materials, you agree to be bound by the terms of this Agreement.
LICENSE GRANT. CHOP grants you, and you hereby accept, a nonexclusive, royalty-free, and non-transferable license to access, install and use Materials provided by CHOP subject to the following limitations:
1.1 You shall not make Materials available on Yours or third parties’ websites;
1.2 You shall not use Materials in any commercial product;
1.3 You shall not rent, lease, sell, or sublicense Materials;
1.4 You shall not allow a third party to do any of the above.
1.5 If you breach the restrictions set forth above, you may be subject to prosecution and damages.
COPYRIGHT; RETENTION OF RIGHTS. CHOP reserves all right, title and interest, including copyright, in the Materials and your rights are limited to those expressly granted under this Agreement. You hereby acknowledge that the Materials is protected by United States copyright law and international treaty provisions and the University hereby reserve all rights in the Software which are not explicitly granted to you
NO MAINTENANCE OR SUPPORT PROVIDED. CHOP is under no obligation whatsoever to provide maintenance or support for Materials or to notify you of bug fixes, patches, or upgrades to the
WARRANTY DISCLAIMER. Materials supplied "as is" without warranty of any kind. CHOP and their employees (1) Disclaim any warranties, express or implied, including but not limited to any implied warranties or merchantability, fitness for a particular purpose, title or non-infringement, (2) Do not assume any legal liability or responsibility for the accuracy, completeness, or usefulness of Materials, (3) Do not represent that use of the software would not infringe privately owned rights, (4) Do not warrant that the software will function uninterrupted, that it is error-free or that any errors will be corrected.
LIMITATION OF LIABILITY. In no event will CHOP be liable for any indirect, incidental, consequential, special or punitive damages of any kind or nature, including but not limited to loss of profits or loss of data, for any reason whatsoever, whether such liability is asserted on the basis of contract, tort (including negligence or strict liability), or otherwise, even if the university or uirf have been warned of the possibility of such loss or damages. In no event shall the university’s or uirf’s liability for damages arising from or in connection with this agreement exceed the amount paid by you for the software.
INDEMNITY. You shall indemnify, defend and hold harmless CHOP and their current and former employees, officers, and agents, the Board of Trustees, and their respective successors, heirs and assigns (“Indemnites”) against any liability, damage, loss or expenses (including reasonable attorneys' fees and expenses of litigation) incurred by or imposed upon the Indemnities or any one of them in connection with any claims, suits, actions, demands or judgments arising out any theory of product liability (including, but not limited to, actions in the form of tort, warranty, or strict liability) concerning any product, process or service made, used or sold pursuant to any right or license granted under this Agreement.
TERM AND TERMINATION. The license granted to you under this Agreement will continue perpetually unless terminated by CHOP in accordance with this Agreement. If you breach any term of this Agreement and fail to cure such breach within thirty (30) days of the date of written notice, this Agreement shall immediately terminate. Upon such termination, you shall immediately cease using the Materials, return to CHOP, or destroy all copies of the Materials, and provide CHOP with written certification of your compliance with the foregoing. Termination shall not relieve you from your obligations arising prior to such termination. Notwithstanding any provision of this Agreement to the contrary, Sections 5 through 10 shall survive termination of this
EXPORT CONTROLS. You shall observe all applicable United States and foreign laws and regulations (if any) with respect to the export, re-export, diversion or transfer of the Materials.
NO ENDORSEMENT. Nothing in this Agreement shall be construed as conferring any right to use the name, logo, trade name or other trademark of CHOP, nor engage in advertising, publicity or other promotional activities using any name, trade name, trademark, or other designation of CHOP without the CHOP’s prior written
CHOICE OF LAW. This Agreement shall be governed by the laws of the Commonwealth of Pennsylvania, without regard to its conflicts of laws Any disputes arising hereunder shall have their sole and exclusive jurisdiction in the state and federal courts located in Philadelphia, Pennsylvania, and the parties hereby submit themselves to the jurisdiction of such courts for such purposes.
RELEASE OF CLAIMS. You, on behalf of yourself and your present and former officers, directors, employees, agents, attorneys and representatives, successors and assigns (“Releasers”), hereby knowingly and voluntarily release, waive, acquit and forever discharge, to the fullest extent permitted by law, CHOP and its trustees, officers, employees, representatives and agents from any and all Claims, in any jurisdiction, known or unknown, suspected or claimed, fixed or contingent, specifically mentioned herein or not, that Releasers have or may have or claim to have now, or that may hereafter arise, related to the Materials or this Agreement.
ENTIRE AGREEMENT. This Agreement represents the entire understanding of the parties, and supersedes all previous communications, written or oral, relating to the subject of this Agreement.
CONTACT. Questions, complaints or claims with respect to the Software should be directed to: firstname.lastname@example.org BY CLICKING ON THE ACKNOWLEDGEMENT CHECKBOX, I HEREBY ACCEPT AND AGREE TO THE TERMS AND CONDITIONS OF THIS END USER LICENSE AGREEMENT.