License Agreement: MKSAP 15 Digital

American College of Physicians
Product License Agreement and Limited Warranty for
MKSAP 15 Digital: Individual Use

MKSAP 15 Digital includes a CD-ROM, an online program available at http://mksap15.acponline.org (MKSAP 15 Digital Web site), and an application that makes questions from the CD-ROM and online program available through portable, web-enabled computing devices, also known as Smartphones, available at http://mksap15m.acponline.org. MKSAP 15 Digital is protected by copyright law. This Agreement is a binding legal contract between American College of Physicians, Inc. (ACP) ("we," "us," or "our") and you ("you," "your," or "User") that governs your use of MKSAP 15 Digital. This Agreement covers your use of all content, such as text, software, Web pages, HTML, XHTML, software code, information, images, applications, and audio (collectively, "Content").

1. RIGHTS CONFERRED

This agreement confers to you a nonexclusive, revocable, nontransferable, nonsublicensable license to display the contents of MKSAP 15 Digital on your computer monitor for educational purposes. User may use this Content in conjunction with medical or educational lectures or lessons and hand out printed copies of Web pages displayed during a lecture or lesson provided that User provides the following attribution to the source of the material:

© 2010 American College of Physicians, Inc. All Rights Reserved. This material was printed from MKSAP® 15 of the American College of Physicians, Inc. This application is licensed only for individual use and in accordance with terms agreed upon during initial use. For information about the product or to order, please visit: www.acponline.org/catalog/mksap/15/.

ACP retains the entire ownership of all copyrights for the Content related to MKSAP 15 Digital. You are not allowed to duplicate or distribute any Content, except as denoted above. You are prohibited from making collective or derivative works from the Content or transferring for consideration any printed or electronic copy of any information or material from the Content.

2. ASSIGNMENT AND SUBLICENSING

ACP may assign this Agreement, in whole or in part, in our sole discretion. You may not assign or sublicense your rights under this Agreement without the prior written permission of ACP. Any attempt by you to assign or sublicense your rights under this Agreement without ACP's permission shall be void. The waiver by either party of a breach of any provision of this Agreement shall not operate or be construed as a waiver of any other or a subsequent breach of the same or a different kind.

The materials contained within are protected by copyright pursuant to U.S. copyright laws, international conventions and treaties, and other copyright laws. The material on MKSAP 15 Digital may be transferred to an electronic storage and retrieval system solely for the personal, non-commercial use of the purchaser of MKSAP 15 Digital. Permission for other uses must be obtained from the copyright owner.

3. LICENSE AND RESTRICTIONS ON USE

User is granted a nontransferable, nonexclusive license to use MKSAP 15 Digital and the information contained in it for personal use, subject to the terms and conditions of this agreement. This product is licensed for individual use of the purchaser only on a single computer. User agrees to honor any and all copyright notices and other restrictions contained in this Agreement.

4. OWNERSHIP

Copyright and ownership of material included in MKSAP 15 Digital belong to the American College of Physicians (ACP), unless otherwise noted. User may not (a) modify, network, loan, reverse compile, reverse assemble, reverse engineer, disassemble, or otherwise derive source code from the Content; (b) prepare derivative works of the Content; (c) copy the Content, except to make a single copy for archival purposes only; (d) rent or lease the Content; (e) use the Content in an on-line system; (f) use the Content in any manner that infringes the intellectual property or other rights of another party; or (g) transfer the Content or any copy thereof to another party unless User transfers all media and written materials, including the licensing agreement, in this package and retains no copies of the Content including prior versions of the Content for User's own use. Such other party shall be licensed under the terms of this Agreement upon acceptance of this Agreement by initial use of the product.

5. PRINTING RIGHTS, SCREENSHOTS, AND ELECTRONIC CAPTURE

User is permitted to print out an individual Web page from the Content for use as personal reference at a later time. User may also capture and store screenshots from MKSAP 15 Digital. User may not use a Web robot, spider, or other software to electronically cycle through the MKSAP 15 Digital Web site to facilitate printing, storing, or caching of MKSAP 15 Digital Web pages. User may not transfer for value any prints or electronic copies of any material from MKSAP 15 Digital.

6. UPDATING AND ACCURACY OF DATA

From time to time, ACP may make modifications to the information presented on the MKSAP 15 Digital Web site. While efforts to maintain the accuracy of the information presented on this Web site are made, User must recognize that the continual developments of medicine present many opportunities for error. Despite the efforts of ACP, some errors may persist. Drug dosage schedules are believed to be accurate and in accordance with current standards. Readers are advised, however, to ensure that the recommended dosages in this program concur with the information provided in the product information material. This is especially important in cases of new, infrequently used, or highly toxic drugs. The primary purpose of MKSAP 15 Digital is educational. Information presented, as well as publications, technologies, products, and/or services discussed, are intended to inform subscribers about the knowledge, techniques, and experiences of the contributors. A diversity of professional opinion exists, and the views of the contributors are their own and not those of the ACP. The American College of Physicians, Inc. disclaims any and all liability for damages and claims that may result from the use of information, publications, technologies, products, and/or services discussed in this program.

Should User become of aware of any inaccuracies, additional opinions, or new developments related to information disclosed in the Content, User may contact ACP at the following e-mail address: smckinney@acponline.org. ACP makes no warranty or guarantee that ACP will respond to the information. Similarly, ACP makes no warranty that any information transmitted by the User will be read in a timely matter, if at all.

When transmitting a message to ACP, User warrants that the information does not contain trade secrets or copyrighted content. In the event that the use of User's information by ACP constitutes misappropriation of trade secrets or copyright infringement, User agrees to indemnify ACP for any and all damages, including legal fees.

7. UPDATING MKSAP 15 DIGITAL WEB SITE

This agreement applies to updates, supplements, add-on components, or Internet-based services components of the MKSAP 15 Digital Web site that ACP may provide to you or make available to you after the date you obtain your initial copy of MKSAP 15 Digital, unless they are accompanied by separate terms. ACP may make design changes to the MKSAP 15 Digital Web site and add or remove content or features without notifying you. ACP may also update the information provided on the MKSAP 15 Digital Web site if, in ACP's sole discretion, there are sufficient updates to warrant making updates to the MKSAP 15 Digital Web site directly. ACP may either post the updated information in a periodic update page at an "Errata & Revisions" page on the MKSAP 15 Digital Web site or ACP may directly modify and incorporate the changes into the MKSAP 15 Digital Web site.

8. MODIFICATIONS TO THE LICENSE

ACP may make substantial modifications to the license without prior notice to you. At the time you use MKSAP 15 Digital, you agree and intend to be bound by the current version of the license that can be obtained at: http://mksap15.acponline.org/license.html.

9. CONSENT TO USE OF DATA

You agree that ACP and its affiliates may collect and use technical information gathered as part of the product support services provided to you, if any, related to the Content. ACP may use this information solely to improve our products or to provide customized services or technologies to you and will not disclose this information in a form that personally identifies you.

10. TRADE SECRETS

You agree that aspects of the licensed materials, including the specific design and structure of MKSAP 15 Digital, constitute trade secrets and/or copyrighted material of ACP. You agree not to disclose, provide, or otherwise make available such trade secrets or copyrighted material in any form to any third party without the prior written consent of ACP. You agree to implement reasonable security measures to protect such trade secrets and copyrighted material. Title to the Content and documentation shall remain solely with the property of ACP.

11. USER ID AND PASSWORD

ACP requires each User to have a User ID and Password to access and use the MKSAP 15 Digital Web site. You are responsible for maintaining the strict confidentiality of your ID and Password and for any damages or losses incurred or suffered as a result of your failure to do so. We are not liable for any harm caused by or related to the theft of your ID and Password, your disclosure of your ID and Password, or your authorization to allow another person to access and use the MKSAP 15 Digital Web site using your ID and Password. You agree to immediately notify us if you become aware of any unauthorized use of your ID and Password or other need to deactivate an ID and Password due to security concerns.

12. USE OF CONTENT

ACP (or our Content Providers) owns all worldwide rights, titles, and interests in and to the Content and all intellectual property rights therein. You may create a bookmark in your browser to the home page of the MKSAP 15 Digital Web site. All rights not expressly granted in this Agreement are reserved to ACP. No other rights or licenses, whether express, implied, arising by estoppel, or otherwise, are conveyed or intended by this Agreement.

13. LINKS

MKSAP 15 Digital may contain links to third-party Web sites. These third-party Web sites are not under our control and we are not responsible for any linked third-party Web sites or for the content, products, and/or services they provide. YOUR USE OF LINKED THIRD-PARTY WEB SITES IS AT YOUR RISK AND SUBJECT TO THE TERMS AND CONDITIONS OF USE FOR SUCH SITES. UNLESS EXPRESSLY STATED BY US, WE DO NOT RECOMMEND OR ENDORSE THE CONTENT, PARTICULAR PRODUCTS, SERVICES OR WEB SITES OF ANY THIRD PARTIES OR MAKE ANY DETERMINATION WHETHER ANY SUCH CONTENT, PRODUCT, SERVICE, OR WEB SITE MAY BE ACCURATE, NECESSARY, OR APPROPRIATE FOR YOU OR FOR YOUR USE IN RENDERING CARE TO PATIENTS.

14. PATIENT CONFIDENTIALITY

You shall not use the site to transmit, store, or receive confidential patient information ("Patient Information").

15. COMPLIANCE WITH LAWS; OTHER OBLIGATIONS

You are responsible for ensuring that your use of MKSAP 15 Digital complies with all laws directly or indirectly applicable to you, including, without limitation, federal or state anti-kickback laws or regulations of federal or state laws governing the submission of claims for reimbursement of medical services. None of the information provided to you through MKSAP 15 Digital is intended in any way to influence your choice of third-party service provider or your diagnoses. It is your responsibility to exercise your independent medical knowledge and judgment in providing what you consider to be best for your patients. WE ARE NOT LIABLE OR RESPONSIBLE FOR ANY OF YOUR ACTS OR OMISSIONS IN USING THE CONTENT IN WAYS THAT DO NOT COMPLY WITH ANY LAW.

16. GENERAL DISCLAIMERS

MKSAP 15 DIGITAL IS PROVIDED TO YOU ON AN "AS IS, WITH ALL FAULTS" BASIS, AND YOUR USE THEREOF IS AT YOUR OWN RISK. WE MAKE NO WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT, OR WARRANTIES ARISING BY COURSE OF DEALING OR CUSTOM OF TRADE. WE MAKE NO REPRESENTATION OR WARRANTY THAT ANY CONTENT IS ACCURATE, COMPLETE, APPROPRIATE, RELIABLE, OR TIMELY. WE ALSO MAKE NO REPRESENTATIONS OR WARRANTIES THAT YOUR ACCESS TO AND USE OF MKSAP 15 DIGITAL (1) WILL BE UNINTERRUPTED OR ERROR-FREE, (2) IS FREE OF VIRUSES, UNAUTHORIZED CODE, OR OTHER HARMFUL COMPONENTS, OR (3) IS COMPLETELY SECURE. YOU ARE RESPONSIBLE FOR TAKING ALL PRECAUTIONS YOU BELIEVE NECESSARY OR ADVISABLE TO PROTECT YOU AGAINST ANY CLAIM, DAMAGE, LOSS, OR HAZARD THAT MAY ARISE BY VIRTUE OF YOUR USE OF MKSAP 15 DIGITAL. WHEN USING MKSAP 15 DIGITAL, INFORMATION WILL BE TRANSMITTED OVER A MEDIUM THAT IS BEYOND THE CONTROL AND JURISDICTION OF ACP AND ITS SUPPLIERS. ACCORDINGLY, ACP ASSUMES NO LIABILITY FOR OR RELATING TO THE DELAY, FAILURE, INTERRUPTION, OR CORRUPTION OF ANY DATA OR OTHER INFORMATION TRANSMITTED IN CONNECTION WITH USE OF MKSAP 15 DIGITAL.

17. EXCLUSION OF DAMAGES

UNDER NO CIRCUMSTANCES WHATSOEVER WILL ACP BE RESPONSIBLE OR LIABLE TO YOU OR ANY OTHER ENTITY FOR ANY DIRECT, COMPENSATORY, INDIRECT, INCIDENTAL, CONSEQUENTIAL (INCLUDING LOST PROFITS AND LOST BUSINESS OPPORTUNITIES), SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES THAT RESULT FROM OR RELATE IN ANY MANNER WHATSOEVER TO (1) YOUR USE OF MKSAP 15 DIGITAL OR RELIANCE ON THE CONTENT, OR (2) ERRORS, INACCURACIES, OMISSIONS, DEFECTS, UNTIMELINESS, SECURITY BREACHES, OR ANY OTHER FAILURE TO PERFORM BY ACP OR ITS CONTENT PROVIDERS. THE FOREGOING EXCLUSION SHALL APPLY REGARDLESS OF WHETHER ACP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

18. LIMITATION OF LIABILITY

IF, NOTWITHSTANDING THE OTHER TERMS OF THIS AGREEMENT, WE SHOULD HAVE ANY LIABILITY TO YOU OR ANY THIRD PARTY FOR ANY LOSS, HARM, OR DAMAGE, YOU AND ACP AGREE THAT SUCH LIABILITY SHALL UNDER NO CIRCUMSTANCES EXCEED THE GREATER OF $500 OR THE FEES YOU PAID US DURING THE THREE (3) MONTHS IMMEDIATELY PRECEDING THE DAY THE ACT OR OMISSION OCCURRED THAT GAVE RISE TO YOUR CLAIM. YOU AND ACP AGREE THAT THE FOREGOING LIMITATION OF LIABILITY IS AN AGREED ALLOCATION OF RISK BETWEEN YOU AND ACP AND REFLECTS THE FEES, IF ANY, ACP CHARGES YOU TO USE MKSAP 15 DIGITAL. YOU ACKNOWLEDGE THAT, ABSENT YOUR AGREEMENT TO THIS LIMITATION OF LIABILITY, ACP WOULD NOT PROVIDE THE CONTENT TO YOU.

19. YOUR PRIVACY

Your use of MKSAP 15 Digital is also subject to the terms and conditions of the ACP Privacy Policy. Please read it carefully to ensure that you understand and agree to how ACP collects, uses, and protects information collected about you and your use of MKSAP 15 Digital.

20. CHOICE OF LAW

This Agreement shall be governed by and construed in accordance with the laws of the state of Pennsylvania, without regard to conflicts of laws' provisions. This License shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded. The sole and exclusive jurisdiction for any action or proceeding arising our of this Agreement shall be Philadelphia County in the Commonwealth of Pennsylvania. This Agreement constitutes the entire agreement between you and ACP with respect to use of MKSAP 15 Digital. If for any reason a court of competent jurisdiction finds any provision of this Agreement, or any portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of the Agreement, and the remainder of the Agreement shall continue in full force and effect.

21. DISCLAIMER

To the fullest extent possible by law, ACP disclaims all warranties, express or implied, including but not limited to any implied warranty of non-infringement, merchantability and/or fitness for a particular purpose in connection with this Content, or that materials will be error free, or that defects will be corrected, or that the product is free of viruses or other harmful components, nor shall ACP be liable for damages of any kind, including, direct, indirect, incidental, special, consequential or exemplary damages, or other claims, arising out of the use or the inability to use MKSAP 15 DIGITAL or the material contained therein or from errors contained in the materials.

MKSAP 15 Digital is licensed to you on an "AS IS" basis without any warranty of any nature. The publisher shall not be liable for any damage or loss of any kind arising out of or resulting from your possession or use of the Software (including data loss or corruption), regardless of whether such liability is based in tort, contract or otherwise. If the foregoing limitation is held to be unenforceable, the publisher's maximum liability shall not exceed the amount of the license fees paid by you for MKSAP 15 Digital. The remedies available to you against the publisher under this agreement are exclusive. Some states do not allow the limitation or exclusion of implied warranties or liability for incidental or consequential damages, so the above limitations may not apply to you.

22. TERMINATION

Your right to access and use MKSAP 15 Digital immediately terminates without further notice upon your breach of this Agreement. ACP may terminate this Agreement and your right to access and use MKSAP 15 Digital, or any part thereof, at any time, with or without cause. You may terminate this Agreement by providing ACP with written notice of your termination and ceasing to use or access MKSAP 15 Digital. The following sections of this Agreement survive the expiration or termination of this Agreement for any reason whatsoever: Intellectual Property Ownership, Medical Disclaimers, Data Disclaimer, Patient Confidentiality, Compliance with Laws, Outside the United States/Jurisdiction, General Disclaimers, Exclusion of Damages, Limitation of Liability, Entire Agreement, Termination, and Other. ACP reserves the right to discontinue or make changes to MKSAP 15 Digital at any time.

23. ENTIRE AGREEMENT AND SEVERABILITY

This Agreement, including our Privacy Policy, constitutes the entire agreement between you and ACP relating to the subject matter hereof and supersedes any other oral or written communications relating thereto, provided, however, that this Agreement does not supersede the Subscriber Agreement or any other agreement entered into by your Subscriber and ACP. This Agreement may not be amended or supplemented except as duly executed by the Parties in writing. If any provision of this Agreement shall be held by a court of competent jurisdiction to be unenforceable or contrary to law, the remaining provisions of this Agreement shall remain in full force and effect.

24. LIMITED WARRANTY

If MKSAP 15 Digital is found to be defective in workmanship or materials under normal use for 30 days from date of purchase, User is entitled to a replacement disk or refund of the full amount paid. These shall be the sole remedies available under this limited warranty. User should contact ACP Customer Service (800-523-1546, ext. 2600, M-F, 9 AM - 5 PM EST) regarding defective disks. Questions regarding operation of MKSAP 15 Digital and other technical questions should be directed to the MKSAP 15 Digital Help Line (888-965-3510, M-F, 9 AM - 5 PM EST). Questions may also be submitted through the ACP Internet site (www.acponline.org/mksapelec).

ISBN: 978-1-934465-26-4
Published in the United States of America.

This MKSAP 15 Digital viewer application in the CD-ROM is based on Mozilla technology. For more information on the Mozilla Project, visit www.mozilla.org. For more information on this application, visit www.acponline.org/mksapelec.