Course License Agreement
IMPORTANT--PLEASE READ THIS COURSE LICENSE AGREEMENT (“AGREEMENT”) CAREFULLY. BEFORE USING THE CONTINUING MEDICAL EDUCATION (“CME”) MATERIAL CONTAINED ON THIS WEB SITE, YOU MUST ACCEPT THE TERMS AND CONDITIONS OF THIS AGREEMENT BY ELECTRONICALLY SELECTING THE BOX MARKED "I AGREE" ON THE REGISTRATION FORM. THIS AGREEMENT IS SUPPLEMENTARY TO, AND INCORPORATES ALL OF THE TERMS AND CONDITIONS OF USE OF THIS WEB SITE.
In consideration of the subscription fee paid by you or by an institution on your behalf, Yale University (hereinafter referred to as “Yale”, “we” or “us”) in connection with Yale University School of Medicine's Center for Continuing Medical Education (“Yale CME”), grants you, subject to the terms and conditions of this Agreement, a non-exclusive, non-transferable license and right to use and access individual screens containing and view video components (if any) and listen to audio components (if any) of the Materials in connection with any particular Yale CME course you have ordered from us, on a single computer (i.e., within a single CPU), and at a single location (i.e., at a single operating position).
Unless otherwise noted, all materials, including, but not limited to all text, editorial content, images, graphics, logos, illustrations, photographs, video, audio, and other materials, as well as the designs, icons, layout, "look and feel," and all other graphical elements of this Web site and all code and software of this Web site and all copyrights, trademarks, service marks, tradenames, patents and other intellectual property rights in any of the foregoing (collectively, the “Materials”) are the sole and exclusive property of Yale University (or its subsidiaries, affiliates, or designees) or its third-party licensors, and are protected by U.S. laws and international treaties. By indicating that you accept these terms, you do not become the owner of the Materials, but are entitled to use them as specifically permitted under the terms of this Agreement and subject to all additional intellectual property notices, information or restrictions accessed through this Web site.
You and, if applicable, your institution have obtained the right to use and access the Materials for a specific limited period of time, i.e., the subscription period, which is one year from the date of registration for individual subscribers or as determined by your institution's enrollment form. At the end of this period, your license and/or your institution's license and your associated rights will expire automatically, unless you or your institution has renewed its subscription on Yale CME's then-current terms. The Agreement and your license to use the Materials will also automatically terminate if you fail to comply with any term or condition in this Agreement. In the event this license is terminated, you must immediately destroy any copies you have made of the Materials and you will not be not entitled to a refund of any registration, license or other fee paid by you to Yale.
Permitted Uses and Prohibitions
Notwithstanding anything to the contrary stated in this Agreement, you are not permitted to copy, reproduce, modify, republish, upload, download, post, sell, lease, license, rent, transfer or in any manner distribute or otherwise use or permit others to use any Materials or any copies thereof. Use of the Materials on a computer network, or concurrent use of Materials by others is prohibited. You must not reverse engineer, decompile or disassemble any Materials.
Use of Professional Judgment
Yale and the editors and authors of Yale CME programs have conscientiously and carefully tried to provide the identified diagnostic measures, treatment alternatives and drug dosages in Yale CME lectures that conform to the standards of professional practice that prevailed at the time of publication. While Yale and Yale's CME Medical Advisory Board (the “Medical Advisory Board”) use reasonable efforts to see that no inaccurate or misleading data, opinion, or statement appear in this CME program, we do not warrant or guaranty the completeness or accuracy of the Materials.
Additionally, standards and practices in medicine change as new data become available and the individual medical professional should consult a variety of sources in making clinical decisions for individual patients. Although updates to our Materials are issued periodically we do not guaranty the timeliness of any Course Materials.
Moreover, while we make reasonable efforts to ensure drug doses and other quantities are presented accurately, you are advised that new methods and techniques involving drug usage described within this resource should only be followed in conjunction with the drug manufacturer's own published literature. When prescribing medications, you are 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. It is the responsibility of the treating physician or other health care professional, relying on independent experience and knowledge of the patient, to determine drug dosages and the best treatment for the patient. This is particularly serious if the agent to be administered or the treatment chosen is a new one or one that is infrequently used. Because of the uniqueness of each patient and the need to take into account a number of concurrent considerations, the information contained in the Materials should be used by physicians only as a general guide to determining the best treatment for each patient.
Yale CME describes basic principles of diagnosis and therapy. The information provided in Yale CME lectures 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. Yale CME should be used as an educational tool to help the user be aware of diagnostic and treatment options, bearing in mind that individual and unique circumstances may lead the user to reach decisions not presented in Yale CME lectures.
Accordingly, Yale, the CME Medical Advisory Board , and their respective employees, officers, and agents accept no liability whatsoever for the consequences of any such inaccurate or misleading data, opinion, or statement. You agree to defend, indemnify and hold harmless Yale, its officers, directors, trustees, employees, agents and third party suppliers and licensors from and against any claims, actions, demands, judgments, liabilities, fines, penalties and expenses, including but not limited to reasonable attorneys fees, resulting from or alleged to result from, your use of or reliance upon any Materials.
NEITHER YALE NOR ANY THIRD PARTY WHO HAS BEEN INVOLVED IN THE CREATION, PRODUCTION, PROMOTION OR MARKETING OF THE MATERIALS MAKES ANY WARRANTY OR REPRESENTATION, EXPRESSED OR IMPLIED, WITH RESPECT TO THE MATERIALS, WHICH ARE LICENSED "AS IS". ALL WARRANTIES ARE EXPRESSLY EXCLUDED AND DISCLAIMED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM COURSE OF DEALING, COURSE OF PERFORMANCE, OR USE OF TRADE. ANY STATEMENTS OR REPRESENTATIONS MADE BY ANY OTHER PERSON OR ENTITY ARE VOID. YOU ASSUME ALL RISK AS TO THE QUALITY, FUNCTION, PERFORMANCE, AND ACCURACY OF THE MATERIALS.
LIMITATION OF LIABILITY
IN NO EVENT WILL YALE OR ANY THIRD PARTY WHO HAS BEEN INVOLVED IN THE CREATION, PRODUCTION, PROMOTION OR MARKETING OF THE MATERIALS BE LIABLE TO YOU OR ANY OTHER PARTY FOR ANY SPECIAL, INDIRECT, INCIDENTAL, RELIANCE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, INCLUDING LOSS OF DATA OR PROFITS, OR FOR INABILITY TO USE THE LICENSED MATERIALS, EVEN IF YALE OR SUCH OTHER THIRD PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL YALE OR SUCH OTHER THIRD PARTY'S LIABILITY FOR ANY DAMAGES OR LOSS TO YOU OR ANY OTHER PARTY EXCEED THE LICENSE FEE YOUR INSTITUTION PAID FOR THE LICENSED MATERIALS.
Some jurisdictions do not allow limitations on how long an implied warranty lasts and some jurisdictions do not allow the exclusion or limitation of special, indirect, incidental, exemplary, or consequential damages, or the limitation of liability to specified amounts, so the above limitation and exclusion may not apply to you if prohibited by applicable law. You may also have other rights which vary from jurisdiction to jurisdiction. You agree that this Agreement shall not be subject to the United Nations Convention on Contracts for the International Sale of Goods.
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 only in writing authorized by Yale. Yale's waiver of any right shall not constitute a waiver of that or any other right in the future. This web site is controlled and operated by Yale from its offices in Connecticut. This Agreement shall be governed by and construed in accordance with the laws and in the state and federal courts of the State of Connecticut, USA. Yale makes no representation that this material is appropriate for users in other jurisdictions. 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 Yale CME by mail at
Yale Center for Continuing Medical Education
CE-3 Sterling Hall of Medicine, 333 Cedar Street
New Haven, CT 06520
by phone at, 203.785.4578
or by e-mail at cme.yale.edu