You should carefully read the following terms and conditions before using the Peripheral Arterial Disease Atlas ("PAD Atlas"), which contains software and proprietary data owned by the National Minority Quality Forum. Upon your acceptance of the terms of this License Agreement, the National Minority Quality Forum ("Forum" or "Licensor") will approve your registration and license your exclusive use under the terms set forth below.
If you do not agree to the terms and conditions of this License Agreement, do not use the PAD Atlas. Using any part of the PAD Atlas indicates that you accept these terms. The product is provided as is.
Grant of License: Licensor grants you personal, limited, nonexclusive, nontransferable, nonassignable License to view health indicators within geographic boundaries. Licensor grants you this License solely for your personal use for your organization/office of employment for the sole purpose of furthering understanding and appreciation of health indicators and requires that you adhere to all of the terms and conditions of this License Agreement. These limitations on use apply to the software and any other documentation and materials associated with the PAD Atlas. The foregoing is an express limited-use License and not an assignment, sale, or other transfer of the PAD Atlas or any Intellectual-Property Rights (as defined below) of Licensor.
Assent: By logging on to the PAD Atlas, you agree that this License Agreement is a legally binding and valid contract, you agree to abide by the intellectual-property laws and all of the terms and conditions of this Agreement, and you further agree to take all necessary steps to ensure that the terms and conditions of this Agreement are not violated by any person or entity under your control or in your service.
Ownership of Software: Licensor and/or its affiliates or subsidiaries own certain rights and have accepted certain data-use agreements that may exist from time to time in this or any other jurisdiction, whether foreign or domestic, under patent law, copyright law, publicity-rights law, moral-rights law, trade-secret law, trademark law, unfair-competition law, or other similar protections ("Intellectual-Property Rights"), regardless of whether or not such rights or protections are registered or perfected, in the PAD Atlas. All Intellectual-Property Rights in and to the PAD Atlas are and shall remain in Licensor.
No Commercial Use: This License Agreement grants you the right to personal use of the PAD Atlas for your organization/office of employment only. Commercial use of the software or of the work products resulting from its use is not permitted under this License Agreement.
Restrictions:
Exceptions: You may create copies of the data produced by the PAD Atlas for the sole purpose of furthering the understanding and appreciation of health indicators. You may distribute such maps or derivative data within your organization or place of employment in electronic or printed form. All maps or derivative data that you copy, print, or distribute must contain the logos of the National Minority Quality Forum and any cosponsors.
Warranties and Disclaimer: Except as expressly provided otherwise in a written agreement between Licensor and you, the PAD Atlas is provided as is, without warranty of any kind, either express or implied, including but not limited to implied warranty of merchantability or fitness for a particular purpose and warranty of noninfringement. Without limiting the foregoing, Licensor makes no warranty that (i) the PAD Atlas will meet your requirements; (ii) the use of the PAD Atlas will be uninterrupted, timely, secure, or error free; (iii) the quality of the PAD Atlas will meet your expectations; and/or (v) you may use, practice, execute, or access the PAD Atlas without violating the intellectual-property rights of others.
In no event shall Licensor or its suppliers be liable to you or any third party for any special, incidental, indirect, or consequential damages of any kind or any damages whatsoever, including without limitation those resulting from loss of use, data, or profits, whether or not Licensor had been advised of the possibility of such damages, and on any theory of liability, arising out of or in connection with the use of the PAD Atlas. Some jurisdictions prohibit the exclusion or limitation of liability for consequential or incidental damages, so the above limitations may not apply to you. These limitations shall apply notwithstanding any failure of essential purpose of any limited remedy.
Severability: In the event that any provision of this License Agreement is found to be invalid, illegal, or unenforceable, the validity, legality, and enforceability of any of the remaining provisions shall not in any way be affected or impaired, and a valid, legal, and enforceable provision of similar intent and economic impact shall be substituted therefor.
Entire Agreement: This License Agreement (located at http://www.z-atlas.com) sets forth the entire understanding and agreement between you and Licensor; supersedes all prior agreements, whether written or oral, with respect to the PAD Atlas; and may be amended only in a writing signed by both parties.