Welcome! Please read these Terms and Conditions carefully before proceeding to the Project HealthDesign Download Site. These Terms and Conditions are an agreement between you and the Board of Regents of the University of Wisconsin System (the “UW”). By (i) clicking “I Accept” or a similar affirmation as it appears below, (ii) installing all or part of the software available on the Project HealthDesign Download Site, or (iii) using the software or Materials (as defined below) available on the Project HealthDesign Download Site, you represent and agree that: (A) you are at least eighteen (18) years old and have the legal capacity to enter into contracts, (B) you understand the nature of the service and will use the software in accordance with the terms and conditions of this agreement, and (C) you are bound by and are a party to this agreement. If you do not agree to the Terms and Conditions of this agreement, you may not download, install or use the Project HealthDesign software or access the Project HealthDesign Download Site. 1. Definitions “Material” means all materials, information, data, files, text, media, images, graphics, writings and other property, including, but not limited to, software and source code but not including trade names, trade dress, or service marks, whether or not protectable at law, produced pursuant to the Project HealthDesign program or published on the Project HealthDesign Download Site. “Project HealthDesign Download Site,” the “Site,” or the “Website” consists of any and all websites or sub-domains, or versions and successors thereof, to which you are permitted access after agreeing to these Terms and Conditions and which contain Material licensed under the GNU Lesser General Public License Version 3. 2. License Grant Subject to the terms and upon the conditions set forth herein, all Materials on the Project HealthDesign Download Site are hereby licensed to you pursuant to the GNU Lesser General Public License Version 3 (the “LGPL”). The LGPL is an open source license that permits you to use, copy, transmit, modify, change, extract, share, compile and adapt the Materials with only limited restrictions. To view the terms of the LGPL license and its corresponding license, the GPL, go to http://www.gnu.org/licenses/licenses.html. You may not use any Material on the Website unless your use complies with the terms of the LGPL or in any way that implies endorsement, sponsorship or affiliation with Project HealthDesign or its affiliates. 3. Proprietary Rights Any trademarks, trade dress, service marks or trade names of Project HealthDesign or its affiliates that appear on the Site or are referenced on the Site are the property of Project HealthDesign or its affiliates and no license or other right to use such marks, names or dress are granted by these Terms and Conditions nor shall be deemed granted without the express written permission of Project HealthDesign or the respective rights holder. 4. Privacy The Project HealthDesign Privacy Policy, found at www.projecthealthdesign.org/privacy, applies to the use of this Site and its terms are part of these Terms of Use. 5. - Not Health Information nor Medical Advice Neither the Website nor the Materials are intended to contain or convey health information or medical advice. Project HealthDesign is not responsible for the accuracy, veracity or competence of any health information or medical advice that you may find in the Materials or on the Site. Reliance on any health information or medical advice provided by or found on the Site or in the Materials is at your own risk. 6. Disclaimers These Materials are made available to you by the UW. Neither Project HealthDesign, the UW, the Robert Wood Johnson Foundation, the California Health Care Foundation nor any affiliate thereof, nor any of their respective directors, trustees, officers, employees, representatives or agents (collectively, the “PHD Parties”) makes any warranty, express or implied, or assumes any legal liability or responsibility for the accuracy, completeness, reliability or usefulness of any information, apparatus, product, process or service disclosed. All Materials are subject to errors, omissions or withdrawal without notice. Project HealthDesign cannot and does not guarantee the performance of the Website or the Materials. Reference in the Materials to any specific information, apparatus, product, process or service does not necessarily constitute or imply its endorsement, recommendation or favoring by the PHD Parties. Additional disclaimers may appear within the body of the Website, the Materials or the LGPL and are incorporated herein by reference. 7. No Warranty THE PROJECT HEALTHDESIGN DOWNLOAD SITE AND THE MATERIALS ARE PROVIDED “AS IS” AND TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE PHD PARTIES EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, FREEDOM FROM CONTAMINATION BY COMPUTER VIRUSES OR OTHER HARMFUL COMPONENTS, NON-INFRINGEMENT OF PROPRIETARY RIGHTS, THAT THE MATERIALS ARE FREE OF DEFECTS OR ERRORS, AND ANY WARRANTIES AS TO THE ACCURACY, ADEQUACY, COMPLETENESS, RELIABILITY, FUNCTIONALITY OR USEFULNESS OF THE MATERIALS, WEBSITE OR ANY PART THEREOF. 8. Limitation of Liability You expressly understand and agree that Project HealthDesign and the PHD Parties, shall not be responsible nor liable for any claims, liability, damages, loss, expense and/or costs, including but not limited to consequential, incidental, special, direct, indirect or punitive damages of any kind, including lost profit or revenue and attorneys’ fees, even if Project HealthDesign or the PHD Parties have been advised of the possibility of such damages, regardless of the form or cause of action, including but not limited to contract, negligence and other tort actions, that results directly or indirectly from or in connection with (i) the Materials; (ii) your use of the Materials or Website; or (iii) errors, inaccuracies, omissions, misleading statements, technical malfunctions, bugs, viruses or other harmful components in the Materials or on or transmitted over the Site. 9. Indemnification You hereby agree to indemnify, defend, release and hold harmless Project HealthDesign and the PHD Parties from and against any and all third party claims, liability, damages, loss, expense and/or costs (including, but not limited to, attorneys’ fees) incurred as a result of or arising from your use of the Site, your use, modification, licensing, distribution or sale of the Materials or the use or access to the Materials or Site by others resulting from your use of or access to the Website. 10. Changes to this Agreement Project HealthDesign reserves the right to modify this agreement and to change, suspend or discontinue all or any portion of the Website or Materials at any time, in its discretion, without notice. Your continued use of or access to the Website after a modification of these Terms and Conditions signifies your acceptance of such modification. 11. Termination The UW may terminate your access to the Materials or Website at any time in its sole discretion. Additionally, this agreement and your right to access and use the Materials and Website terminates immediately and without notice should you breach this agreement. 12. General terms These Terms and Conditions shall be governed by and construed in accordance with the laws of the State of Wisconsin, without giving effect to any principles of conflicts of laws, and the federal laws of the United States, regardless of where the user is located. You agree to bring any claims arising under these Terms and Conditions exclusively in the state and federal courts in Madison, Wisconsin. These Terms and Conditions, in whole or in part, may not be transferred or assigned by you, but may be assigned by Project HealthDesign without restriction. If any part of these Terms and Conditions are found to be invalid or unenforceable pursuant to applicable law, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most clearly matches the intent of the original provision, and the remainder of these Terms and Conditions shall continue in effect. Any waiver of any provision of the Terms and Conditions will be effective only if in writing and signed by Project HealthDesign. Thank you for your interest in Project HealthDesign and the Materials. We hope they can be of use to you. By providing the below required information and clicking on the “I Accept” button at the bottom of this page, you agree to the Project HealthDesign Download Site Terms and Conditions and may access the Site. (* Required fields) First Name: * Last Name: * Email Address: * Institution Affiliation: If you do not accept the Terms and Conditions, click on the “I Do Not Accept” button and leave this page. Last updated: 06/16/2009
Welcome! Please read these Terms and Conditions carefully before proceeding to the Project HealthDesign Download Site. These Terms and Conditions are an agreement between you and the Board of Regents of the University of Wisconsin System (the “UW”). By (i) clicking “I Accept” or a similar affirmation as it appears below, (ii) installing all or part of the software available on the Project HealthDesign Download Site, or (iii) using the software or Materials (as defined below) available on the Project HealthDesign Download Site, you represent and agree that: (A) you are at least eighteen (18) years old and have the legal capacity to enter into contracts, (B) you understand the nature of the service and will use the software in accordance with the terms and conditions of this agreement, and (C) you are bound by and are a party to this agreement. If you do not agree to the Terms and Conditions of this agreement, you may not download, install or use the Project HealthDesign software or access the Project HealthDesign Download Site.
“Material” means all materials, information, data, files, text, media, images, graphics, writings and other property, including, but not limited to, software and source code but not including trade names, trade dress, or service marks, whether or not protectable at law, produced pursuant to the Project HealthDesign program or published on the Project HealthDesign Download Site. “Project HealthDesign Download Site,” the “Site,” or the “Website” consists of any and all websites or sub-domains, or versions and successors thereof, to which you are permitted access after agreeing to these Terms and Conditions and which contain Material licensed under the GNU Lesser General Public License Version 3.
Subject to the terms and upon the conditions set forth herein, all Materials on the Project HealthDesign Download Site are hereby licensed to you pursuant to the GNU Lesser General Public License Version 3 (the “LGPL”). The LGPL is an open source license that permits you to use, copy, transmit, modify, change, extract, share, compile and adapt the Materials with only limited restrictions. To view the terms of the LGPL license and its corresponding license, the GPL, go to http://www.gnu.org/licenses/licenses.html. You may not use any Material on the Website unless your use complies with the terms of the LGPL or in any way that implies endorsement, sponsorship or affiliation with Project HealthDesign or its affiliates.
Any trademarks, trade dress, service marks or trade names of Project HealthDesign or its affiliates that appear on the Site or are referenced on the Site are the property of Project HealthDesign or its affiliates and no license or other right to use such marks, names or dress are granted by these Terms and Conditions nor shall be deemed granted without the express written permission of Project HealthDesign or the respective rights holder.
The Project HealthDesign Privacy Policy, found at www.projecthealthdesign.org/privacy, applies to the use of this Site and its terms are part of these Terms of Use.
Neither the Website nor the Materials are intended to contain or convey health information or medical advice. Project HealthDesign is not responsible for the accuracy, veracity or competence of any health information or medical advice that you may find in the Materials or on the Site. Reliance on any health information or medical advice provided by or found on the Site or in the Materials is at your own risk.
These Materials are made available to you by the UW. Neither Project HealthDesign, the UW, the Robert Wood Johnson Foundation, the California Health Care Foundation nor any affiliate thereof, nor any of their respective directors, trustees, officers, employees, representatives or agents (collectively, the “PHD Parties”) makes any warranty, express or implied, or assumes any legal liability or responsibility for the accuracy, completeness, reliability or usefulness of any information, apparatus, product, process or service disclosed. All Materials are subject to errors, omissions or withdrawal without notice. Project HealthDesign cannot and does not guarantee the performance of the Website or the Materials. Reference in the Materials to any specific information, apparatus, product, process or service does not necessarily constitute or imply its endorsement, recommendation or favoring by the PHD Parties. Additional disclaimers may appear within the body of the Website, the Materials or the LGPL and are incorporated herein by reference.
THE PROJECT HEALTHDESIGN DOWNLOAD SITE AND THE MATERIALS ARE PROVIDED “AS IS” AND TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE PHD PARTIES EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, FREEDOM FROM CONTAMINATION BY COMPUTER VIRUSES OR OTHER HARMFUL COMPONENTS, NON-INFRINGEMENT OF PROPRIETARY RIGHTS, THAT THE MATERIALS ARE FREE OF DEFECTS OR ERRORS, AND ANY WARRANTIES AS TO THE ACCURACY, ADEQUACY, COMPLETENESS, RELIABILITY, FUNCTIONALITY OR USEFULNESS OF THE MATERIALS, WEBSITE OR ANY PART THEREOF.
You expressly understand and agree that Project HealthDesign and the PHD Parties, shall not be responsible nor liable for any claims, liability, damages, loss, expense and/or costs, including but not limited to consequential, incidental, special, direct, indirect or punitive damages of any kind, including lost profit or revenue and attorneys’ fees, even if Project HealthDesign or the PHD Parties have been advised of the possibility of such damages, regardless of the form or cause of action, including but not limited to contract, negligence and other tort actions, that results directly or indirectly from or in connection with (i) the Materials; (ii) your use of the Materials or Website; or (iii) errors, inaccuracies, omissions, misleading statements, technical malfunctions, bugs, viruses or other harmful components in the Materials or on or transmitted over the Site.
You hereby agree to indemnify, defend, release and hold harmless Project HealthDesign and the PHD Parties from and against any and all third party claims, liability, damages, loss, expense and/or costs (including, but not limited to, attorneys’ fees) incurred as a result of or arising from your use of the Site, your use, modification, licensing, distribution or sale of the Materials or the use or access to the Materials or Site by others resulting from your use of or access to the Website.
Project HealthDesign reserves the right to modify this agreement and to change, suspend or discontinue all or any portion of the Website or Materials at any time, in its discretion, without notice. Your continued use of or access to the Website after a modification of these Terms and Conditions signifies your acceptance of such modification.
The UW may terminate your access to the Materials or Website at any time in its sole discretion. Additionally, this agreement and your right to access and use the Materials and Website terminates immediately and without notice should you breach this agreement.
Thank you for your interest in Project HealthDesign and the Materials. We hope they can be of use to you. By providing the below required information and clicking on the “I Accept” button at the bottom of this page, you agree to the Project HealthDesign Download Site Terms and Conditions and may access the Site. (* Required fields)
If you do not accept the Terms and Conditions, click on the “I Do Not Accept” button and leave this page.
Last updated: 06/16/2009
