FINTHRIVE SOLUTIONS TERMS OF USE

 

Please review these FinThrive Solutions (as defined below) Terms of Use (these, “Terms of Use”). By clicking “I AGREE” and accessing any FinThrive Solution, you acknowledge that you have read the Terms of Use set forth below and agree to abide by and be bound to these Terms of Use.  As used in these Terms of Use, “FinThrive” means FinThrive, Inc., and its affiliates, with a corporate office at 200 North Point Center East Suite 600, Alpharetta, Georgia, 30022.

 

The FinThrive Solutions may be accessed (i) directly, or (ii) by first logging onto the Microsoft Azure Active Directory Sign-in/Sign-up Service (the “Marketplace”). Your access to the Marketplace may require you to accept terms and conditions from other vendors.

 

These Terms of Use govern your access to any FinThrive-branded resources, content and application, including any updates, enhancements, and new features therein (collectively, the “FinThrive Solutions”) available directly or in the Marketplace.  The FinThrive Solutions include, but are not limited to: any technology required for the products, software, and tools to function, including tangible or intangible aspects such as processes, logic, techniques, algorithm or content; and content such as rules, directions, tips or warnings produced or communicated by FinThrive directly or indirectly, inclusive of any content displayed or consumed within other vendor solutions.  Reference to “the FinThrive Solutions” expressly includes each individual FinThrive Solution. You acknowledge and agree that by accepting the Terms of Use for one FinThrive Solution, your acceptance of the Terms of Use will apply to any and all individual FinThrive Solutions available through the Marketplace now and in the future. You expressly agree that your acceptance of the Terms of Use will be valid for all individual FinThrive Solutions, even though you may not be prompted with the Terms of Use for acceptance upon first login to subsequent individual FinThrive Solutions.

 

If you are accessing the FinThrive Solutions in your capacity as an executive, employee, consultant, or agent of a company, then you acknowledge that your consent to these Terms of Use is sufficient to bind both you and that company to these Terms of Use.  For purposes of these Terms of Use, “you” or “End User” means both you, as an individual, and the company you represent.

 

If you do not agree with the terms and conditions of these Terms of Use, then you will not be allowed to access the FinThrive Solutions and you should contact your FinThrive representative for a refund if you have paid any prepaid fees.

 

1.             GRANT OF LIMITED LICENSE

Subject to these Terms of Use and your agreement with FinThrive for the applicable FinThrive Solution, FinThrive grants to you a limited, royalty-free, non-exclusive, non-transferable license (“License”) to access and use the FinThrive Solutions directly or via the Marketplace. The Marketplace, as applicable, is a portal that is provided by a Third-Party Provider that allows you access to the FinThrive Solutions and potentially other applications not owned by FinThrive from a single place. This License does not grant or transfer any ownership rights in the FinThrive Solutions or imply any rights other than those set forth in these Terms of Use or your agreement with FinThrive. You must only access the FinThrive Solutions in accordance with these Terms of Use.

 

2.             USER CONDUCT

2.1           Username and Password. You must have a unique username and password to access the FinThrive Solutions (the “FinThrive ID”). Your FinThrive ID may be different than your username and password to access the Marketplace.   You may not share this FinThrive ID with any other person. You are solely responsible for: (a) your own conduct when accessing the FinThrive Solutions; (b) all actions of any person accessing the FinThrive Solutions through the FinThrive ID assigned to you; and (c) any violations of these Terms of Use. You must notify FinThrive immediately of any unauthorized use of your FinThrive ID.

 

2.2           Use Restrictions.

 

2.2.1        General Use Restrictions. You must not and must not allow any other person to do or attempt to do any of the following: (a) use the FinThrive Solutions or any portion of the FinThrive Solutions for any unlawful purpose or prohibited use; (b) market, sublicense, publish, distribute, lend, transfer, or otherwise make the FinThrive Solutions or any components or output from the FinThrive Solutions available to any third party; (c) alter, maintain, enhance, modify, or create derivatives of the FinThrive Solutions; (d) remove any trademark, copyright, or proprietary notices or use any meta tags or other ‘hidden text’ or framing techniques in connection with FinThrive’s names or trademarks; (e) copy, decompile, disassemble, or otherwise reverse engineer the FinThrive Solutions or use any similar means to discover the source code or trade secrets in the FinThrive Solutions; (f) use the FinThrive Solutions as a substitute for the medical judgment of a physician or qualified healthcare provider; (g) use the FinThrive Solutions to provide service bureau, time sharing, or other computer services to third parties; (h) circumvent any technological measures that control access to the FinThrive Solutions or violate the security of the FinThrive Solutions; (i) post, transmit, distribute, or infect the FinThrive Solutions with viruses, trojan horses, worms, time bombs, or other destructive functionality; (j) use the FinThrive Solutions in any nuclear, aviation, mass transit, life support, or any other inherently dangerous manner; (k) use the FinThrive Solutions in any manner that violates the rights of FinThrive; (l) use screen scrapers, content miners, robots, spiders, web extractors, or any other automated means to access the FinThrive Solutions; (m) use the FinThrive Solutions in any manner that could damage, disable, overburden, or impair any FinThrive server, or any networks connected to any FinThrive server, or that could interfere with any other party’s use and enjoyment of any FinThrive Solutions; (n) publish, post, upload, distribute, or disseminate any inappropriate, profane, defamatory, obscene, indecent, or unlawful topic, name, material or information; or (o) use the FinThrive Solutions to benefit any party other than you.

 

2.2.2        No Competitors. You cannot access the FinThrive Solutions if you are a competitor of FinThrive. You must not permit or attempt to permit any competitor of FinThrive or any unauthorized third party to access, view, interact with, evaluate, or otherwise use the FinThrive Solutions, whether on behalf of you or any third party.

 

2.3           Protected Health Information. 

 

2.3.1        PHI and ePHI Generally. Some FinThrive Solutions may require the submission, posting or transmission of ePHI at the individual application level while other applications may not require the submission of ePHI. ePHI is defined in the Health Insurance Portability and Accountability Act of 1996, as amended (“HIPAA”), as Protected Health Information which is stored, accessed, transmitted, or received electronically, and that identifies an individual or can be used to identity an individual.  Protected Health Information is created or received by a “covered entity,” as defined in HIPAA, and relates to the past, present or future physical or mental health of an individual, the provision of health care to an individual, or the past, present, or future payment for the provision of health care to an individual and which (i) actually identifies the individual or (ii) with respect to which there is or would be a reasonable basis to believe can be used to identify the individual.  Examples of the types of information that constitute Protected Health information may include (but are not limited to) such items as your name, your address, your electronic mail address, your telephone number and your social security number. In order to access the FinThrive Solutions, users must input an FinThrive ID. You should not use any information that constitutes ePHI as your FinThrive ID username and/or your password. In addition, unless the FinThrive Solution specifically permits, you must not and must not allow any other person to submit to, post to, or transmit through such FinThrive Solution any identifiers that may constitute ePHI.

 

2.3.2        De-Identification. If you are accessing an FinThrive Solution that does not require the submission, posting or transmission of ePHI, you are required to “de-identify” any ePHI before inputting data into such FinThrive Solution.  For purposes of HIPAA, de-identification involves taking a collection of data and stripping it of any information that could allow the identification of the source of the data.  In the FinThrive Solutions that do not require the submission, posting or transmission of ePHI, in the event that FinThrive detects identifiers that may constitute ePHI, it will attempt to delete or block these ePHI identifiers from the FinThrive Solution and will not store or retain any identifiers that are submitted to the FinThrive Solution for future access or for any purpose, including for archival purposes.  Note that no effort to delete these ePHI identifiers is completely effective; and FinThrive urges you to take all reasonable precautions to avoid the submission of ePHI to these FinThrive Solutions.  When you access an FinThrive Solution that does not require you to submit any ePHI, the FinThrive Solution has not been designed to accept or store ePHI nor to comply with either the privacy rules or the security rules of HIPAA. 

 

2.3.3        PHI DISCLAIMERS. FinThrive expressly disclaims any liability to you for any deleted ePHI, identifiers, or data or for ePHI that you or anyone acting on your behalf submits to the FINTHRIVE SOLUTIONS, and by agreeing to these Terms of Use, you hereby agree to release, discharge and hold harmless FinThrive and its agents, servants, employees, managers, directors, contractors and members from any liability arising from and/or relating to any ePHI, identifiers, or data as well as all deleted ePHI, identifiers, or data that are entered into an FINTHRIVE SOLUTION that does not require the submission, Posting or transmission of ePHI.

 

2.3.4        General Precautions. In the FinThrive Solutions that require the submission, posting or transmission of ePHI, FinThrive strives to prevent unauthorized access to your personally identifiable information and have put in place physical, electronic and managerial procedures to attempt to safeguard and secure your information.  FinThrive will not disclose your ePHI without first obtaining your consent, unless  FinThrive is required by law to make such disclosures. (An example of this includes such requirements as a governmental audit.)  Note again that no safeguards or security procedures are completely effective.  FinThrive urges you to take all reasonable precautions to protect your personal data and never to share your username and password with anyone. Occasionally, in a scam known as “phishing,” mass e-mailers will send messages that claim to be from FinThrive, or one of our programs or services.  They may use our name, logo or employee e-mail addresses in fraudulent e-mails trying to make you believe you are dealing with a legitimate request for personal information.  These fraudulent e-mails often create a false sense of urgency intended to prompt the recipient to take immediate action.  You should take all reasonable precautions to confirm that any e-mails you receive are legitimate, so as to protect your personal data. 

 

2.4           Interactive Areas.

 

2.4.1        Communications.    FinThrive may provide areas in the FinThrive Solutions where you or others or both may post messages or transmit communications (“Interactive Areas”). FinThrive may restrict access to these Interactive Areas. FinThrive may, but is under no obligation to, review, record, use, monitor, block, edit, or remove any communications and materials posted in the Interactive Areas. FinThrive does not endorse, represent, or warrant any statements by you or any other user in any Interactive Areas, and these statements do not necessarily reflect the views of FinThrive or its affiliates. You represent and warrant that you will not use any Interactive Area for any purpose that is unlawful or prohibited by these Terms of Use.  In addition, you represent and warrant that you will not post any ePHI or identifiers to the Interactive Areas. From time-to-time, FinThrive may post supplementary “Acceptable Use Requirements” describing appropriate conduct in Interactive Areas, and you agree to comply with those Acceptable Use Requirements each time you use an Interactive Area.

 

2.4.2.       FinThrive Community Portal. If you are accessing the FinThrive Community Portal (the “Community Portal”), then the following terms under this Section 2.4.2 apply to your use and access of the Community Portal. Much of the content from FinThrive Customer Community Portal may come from users and is the responsibility of the person or people who made such postings. In particular, the Community Portal provides areas for customers to interact with other customers via discussion boards and public or private collaboration groups. If you post content to a collaboration group that is designated as “public”, then any of your content will be available to all users. If you post content to a collaboration group that is designated as “private”, then any of your content will be available to all users who are members of the private group. FinThrive does not take any responsible for the content posted by users and may restrict access to these Interactive Areas.

 

2.5           Confidentiality.Confidential Information” means all information and data regarding FinThrive or the FinThrive Solutions that is identified as confidential and proprietary or that you should reasonably know is confidential. You must not disclose Confidential Information to third parties and must protect any Confidential Information with the same degree of care as you use to protect your own confidential information, but in no event less than a reasonable degree of care. You represent and warrant that you will not use, reveal, relay, expose, make known, or provide any Confidential Information you receive through the FinThrive Solutions to any third parties (even to those third parties who already have access to the Confidential Information) for any purpose, including but not limited to leveraging lower prices from suppliers.

 

2.6           Dealings with Third-Parties and Third-Party Obligations. Any dealings with third parties that you make through or in connection with your use of the FinThrive Solutions or the Marketplace are governed by your agreement with that third party. You represent and warrant that your use of the FinThrive Solutions and its contents does not violate any obligations (including, but not limited to, contractual or fiduciary duties) that you may have to third parties.

 

2.7           Compliance with Laws. In using the FinThrive Solutions, you must comply at all times with all applicable laws, rules, and regulations. You agree that you will not transfer or export the FinThrive Solutions into any country or use the FinThrive Solutions in any manner prohibited by the U.S. Export Administration Regulations or any other applicable export control law, restriction, or regulation.

 

3.             THIRD PARTY CONTENT.

The FinThrive Solutions may contain content provided to FinThrive by third parties (each, a “Third-Party Provider”). Third-Party Providers may retain independent intellectual property ownership rights in such third-party content. Use of the FinThrive Solutions requires you to accept all terms and conditions passed through from Third-Party Providers. Third-Party Provider pass-through terms are provided in Exhibit A and/or in the relevant FinThrive Solution application, and are incorporated by reference into these Terms of Use. To the maximum extent permitted by applicable law, the software provided by the Third-Party Provider hereunder is provided "as is" without any condition or warranty whatsoever by the Third-Party Provider.  The entire risk associated with the installation and use of the software resides with you.  All other conditions or warranties, either express or implied, are disclaimed, including, without limitation, the implied conditions or warranties of merchantability, ownership and fitness for a particular purpose.  The Third-Party Provider will not be liable to you for any direct, indirect, incidental, consequential, special or other damages. FinThrive shall pass through to you any third-party licensing fees applicable to the FinThrive Solutions. Any third-party licensing fees will be set forth in your statement of work with FinThrive or through subsequent written notice.

 

4.             INTELLECTUAL PROPERTY

4.1           Data Ownership.  You own any data that you provide, in the past or future, for use with the FinThrive Solutions, and you represent and warrant that you will only provide data that you own or you are fully authorized to use or disclose in compliance with applicable law. You hereby specifically agree to release and hold harmless FinThrive for all claims arising from and/or relating to the use or disclosure of data that you provide to or in the FinThrive Solutions, including but not limited to intellectual property claims.   For its own business purposes, FinThrive has the right to access, manipulate, mask, filter, analyze, use, display, and store any data (excluding Protected Health Information or ePHI) that you provide to or in the FinThrive Solutions and your agreement to these Terms of Use serves as your specific consent and authorization for FinThrive to access, manipulate, mask, filter, analyze, use, display, and store any data that you provide to or in the FinThrive Solutions.

 

4.2           Feedback. From time-to-time, FinThrive may seek or you may offer general feedback, comments, input, or ideas regarding your use of the FinThrive Solutions or the FinThrive Solutions’ features and functionality generally (“Feedback”). In addition, you will likely develop some output using the FinThrive Solutions, including but not limited to creating custom reports (“Output”). FinThrive welcomes your Feedback and encourages you to use all the functions available in the FinThrive Solutions to create Output. Any Feedback that you give to us (either oral or written) or any Output that you develop using the FinThrive Solutions is FinThrive’s exclusive property. Your submission of any Feedback or development of any Output constitutes an assignment to FinThrive of all rights, title, and interest in all copyrights or intellectual property rights in the Feedback or Output. FinThrive may use, distribute, manipulate, disclose, publish, or reproduce any Feedback or Output related to your use of the FinThrive Solutions, without notice or compensation to you.

 

4.3           Navigational Data. From time-to-time, FinThrive may use technical methods to track and analyze traffic patterns in the FinThrive Solutions, such as the frequency with which you and other users are visiting various parts of the application. FinThrive may also use tools to measure and collect session information, including page response time, download errors, length of visits, etc. FinThrive may use this information or employ a third party to help FinThrive analyze this information to measure site activity, develop new ideas for improving the FinThrive Solutions, and for its business purposes.

 

4.4           Marks.  You must not remove, alter, deface, obscure, or otherwise modify any of FinThrive’s Marks that are displayed on the FinThrive Solutions or any Output, whether those FinThrive Marks are displayed or otherwise rendered by software or on printed media.  In addition, you must not adopt or otherwise use any Marks containing confusingly similar names, designs, or other indicia to FinThrive’s Marks nor dilute FinThrive’s Marks in any manner.  Marks” means all proprietary indicia, trademarks, trade names, symbols, logos, or brand names FinThrive adopts to identify FinThrive, its products, or any related parties.

 

4.5           IP Rights.  FinThrive retains title and all other ownership and proprietary rights in and to its IP Rights, and any and all derivative works based on the IP Rights. This ownership and IP Rights include any and all rights in and to patents, trademarks, copyrights, and trade secret rights.  The IP Rights are not “work made for hire” within the meaning of U.S. Copyright Act 17 U.S.C. Section 101. You must not copy or reproduce all or any part of the IP Rights, whether electronically, mechanically, or otherwise, in any form including, but not limited to, the copying of data, presentation, style, or organization. “IP Rights” mean the FinThrive Solutions and all source code, object code, documentation (whether electronic, printed, written or otherwise), working papers, non-client data, programs, diagrams, models, drawings, flow charts, and research (whether in tangible or intangible form or in written or machine-readable form), and all techniques, processes, inventions, knowledge, know-how, trade secrets (whether in tangible or intangible form or in written or machine-readable form), developed or provided by FinThrive. 

 

5.             SECURITY

5.1           Security Protections. The FinThrive Solutions are hosted in a secure server environment and uses security measures understood in the industry to be adequate to protect the transmission of sensitive information. FinThrive takes security precautions by regularly monitoring its environment and using firewall technologies to prevent interference or access from outside intruders, hackers, or other destructive programs. In addition, FinThrive uses server authentication and data encryption to protect data in the FinThrive Solutions.

 

5.2           Security Procedures for Breach. FinThrive will promptly notify you of any known unauthorized activity or security breach affecting your account and will use commercially reasonable efforts to restore security to your account. Each party is solely responsible for the preservation, privacy, and security of data in its possession, including data in transmissions received from the other party. If either party receives from the other, data that the party knows or reasonably should know is not intended for it, the receiving party will immediately notify the sender to arrange for its return, retransmission, or destruction, as the other party directs.

 

5.3           Backup Your Content.  You must back up, to your own computer or other device, any important documents, images, or other content that you store or access via the FinThrive Solutions. FinThrive does not guarantee or warrant that any content you may store, submit to, or access through the FinThrive Solutions will not be subject to inadvertent damage, corruption, or loss.

 

6.             MODIFICATION OF TERMS AND SERVICE

FinThrive reserves the right to modify these Terms of Use at any time including to add additional terms and conditions related to the specific content in the FinThrive Solutions. FinThrive will provide you with notification after any such modification of the Terms of Use to indicate that a change has been made, and you will have a reasonable opportunity to review the modified Terms of Use prior to its effective date. You will be required to review and accept the new Terms of Use once they are effective prior to accessing any FinThrive Solution. If you do not agree to any Terms of Use (including any updates or modifications to the Terms of Use), then you should not continue to access or use any of the FinThrive Solutions once the modifications are effective, and you should alert your FinThrive representative of any questions or for a refund if you have paid any prepaid fees.

 

7.             TERM AND TERMINATION

7.1           Term. The term of this License (“Term”) commences upon your acceptance of these Terms of Use and, subject to Section 7.2 below, terminates on the date specified in your Master Agreement.

 

7.2           FinThrive’s Right to Terminate. FinThrive may suspend your access to the FinThrive Solutions if it determines, in its sole discretion, that: (i) you are violating these Terms of Use; (ii) if your fees for any FinThrive Solution are not paid by the stated payment due date, and the failure to pay continues after FinThrive has notified you in writing pursuant to the timeframes set forth in your Master Agreement; or (iii) you are taking or facilitating any action that puts FinThrive, its customers, its systems, or its data at risk in any manner. FinThrive may provide you with a 10-day period to cure any alleged violations but has no obligation to allow you access to the FinThrive Solutions during the 10-day period. If you fail to cure any alleged violation within this 10-day period or if the violation is not capable of being cured, then FinThrive may terminate your access to the FinThrive Solutions.

 

7.3           Effect of Termination. Upon termination, FinThrive will disable your FinThrive ID. Termination of your access to the FinThrive Solutions should not affect your access to the Marketplace or any other third party applications contained therein.  You must not attempt to access or use the FinThrive Solutions or represent in any form that you have access to the FinThrive Solutions.

 

8.             ASSIGNMENT AND SUCCESSORS

FinThrive may assign any of its rights or obligations under this License. You may not assign any of your rights or obligations under this License without FinThrive’s prior written consent, and any purported assignment by you without FinThrive’s prior written consent is void. Subject to the previous sentence, this License will be binding upon, enforceable by, and inure to the benefit of the parties and their respective successors and assigns.

 

9.             NOTICES

Any questions, comments or legal notices regarding these Terms of Use or FinThrive Portal must be sent by a mail delivery system that can be tracked to the following address: FinThrive, Inc., 200 North Point Center East Suite 600, Alpharetta, Georgia, 30022; Attn: Legal Department; with an electronic copy to notices@finthrive.com and rmcontracts@finthrive.com.

 

10.           SURVIVING PROVISIONS

Sections: 2.5 (Confidentiality), 3 (Third-Party Content); 4 (Intellectual Property), 10 (Surviving Provisions); 11 (Severability and Waiver); and Exhibit A will survive any termination or expiration of this Agreement and continue in full force and effect.

 

11.           SEVERABILITY AND WAIVER

If any part of these Terms of Use is for any reason found to be unenforceable, then the unenforceable provision is reformed to conform to the law and all other parts of these Terms of Use nevertheless remain enforceable.  A waiver of enforcement of any terms or conditions contained in these Terms of Use will be effective only if the waiver is in a writing signed by authorized representatives of both parties. Unless specified in the written waiver, a waiver of a breach does not waive: (a) any other or subsequent breach of that term or condition; or (b) any other or subsequent breach of any other term or condition.

 

12.           CONTROLLING TERMS.  In the event of any conflict between any term or condition of these Terms of Use and any term or condition in your FinThrive Master Services Agreement or similar governing document (the “Master Agreement”), the term or condition in the Master Agreement shall control.

 

 

 

AUTHORIZATION

 

By clicking “I AGREE,” you represent and warrant that you have the requisite organizational authority and full power to accept the Terms of Use and the Third-Party Provider pass-through terms set forth in Exhibit A.

EXHIBIT A

 

THIRD-PARTY CONTENT PROVIDERS PASS-THROUGH TERMS

 

The FinThrive Solutions may contain third-party content or content that is licensed to FinThrive for use with the FinThrive Solutions by other Third-Party Providers (collectively, “Third-Party Content”). Use of any FinThrive Solution that contains Third-Party Content is conditioned upon your acceptance of the terms set forth in this Exhibit A. If you do not agree to the terms and conditions contained in this Exhibit A, then you will not be able to access any FinThrive Solution that contains Third-Party Content, and you should contact your FinThrive representative for a refund if you have paid any pre-paid fees.

 

Except as noted herein or as specified in your Master Agreement or within the FinThrive Solutions, Third-Party Content is never distributed to you. In using the FinThrive Solutions with Third-Party Content, FinThrive does not provide you with a tangible copy or a transfer of a local copy of any Third-Party Content. Further, FinThrive does not enable you to make or receive copies of any Third-Party Content and you must not attempt to make or receive copies of such Third-Party Content contained in the FinThrive Solutions.

 

The FinThrive Solutions may contain software or components from the open source community that are licensed under the specific terms applicable to such software. Except as noted herein or as specified in your Master Agreement or within the FinThrive Solutions, FinThrive does not redistribute any open source software and therefore specific conditions of open source licenses to provide notices or further requirements are not triggered or required.

 

Nevertheless, this Exhibit A and the corresponding Schedules contain common licenses of components that are contained within the FinThrive Solutions. Specific additional copyright notices may also be found in the FinThrive Solutions.

 

·          Apache 2.0: see Schedule 1

·          MIT: see Schedule 2

·          BSD:  see Schedule 3

·          GPL v2:  see Schedule 4

·          MS-PL:  see Schedule 5

·          LGPL v2: see Schedule 6

·          CPOL 1.02: see Schedule 7

·          Open SSL License: see Schedule 8

·          Mozilla Public License: see Schedule 9

·          Creative Commons: see Schedule 10

  

If you have any questions regarding FinThrive’s use of Third-Party Content, please contact your FinThrive representative or e-mail your question to RevenueRequests@finthrive.com.

 

 

AUDIT, CDI, CODING, TRANSCRIPTION, CATALYST, AND PLATFORM (COLLECTIVELY, THE HIM SOLUTIONS)

 

If you are licensed to use the redistributed portion of the HIM Solutions, then the following terms and conditions apply to you:

 

 

Component

License

Schedule

Copyright Notice

AvalonDock

BSD

see Schedule 3

Copyright (c) 2007-2013, Xceed Software Inc.

Log4Net

Apache 2.0

see Schedule 1

 

IniFile

CPOL 1.02

see Schedule 7

 

SharpZipLib

MIT

see Schedule 2

Copyright © 2000-2016 SharpZipLib Contributors

WPFControls Intellibox

MIT

see Schedule 2

Copyright (c) 2010 Stephen P Ward and Joseph E Feser

WPFToolkit.Extended

Ms-PL

see Schedule 5

 

AutoMapper

MIT

 

see Schedule 2

Copyright (c) 2010 Jimmy Bogard

DocumentFormat.OpenXml 2.5

Apache License Version 2.0

see Schedule 1

 

 

 

 

CLAIMSHOP

 

If you are licensed to use Claimshop, then the following terms and conditions apply to you:

 

 

 

 

Claimshop contains content licensed to it through Enterprise Distributed Technologies Pty Ltd, subject to the following disclaimer:

 

THIS SOFTWARE IS PROVIDED ``AS IS'' AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL ANY PERSON WHO HAS CONTRIBUTED TO OR IS THE OWNER OF ANY PART OF THIS SOFTWARE BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.

 

Parts of this software Copyright © 2004-2006 Enterprise Distributed Technologies Ltd. All Rights Reserved.

Parts of this software Copyright © 2002-2003 The KPD-Team. All Rights Reserved
Parts of this software Copyright © 2004, 
Routrek Networks. All Rights Reserved

Parts of this software Copyright © 2002, Chew Keong Tan. All Rights Reserved

Parts of this software Copyright © 2006, ComponentAce. All Rights Reserved

Parts of this software Copyright © 2006, Google Inc. All Rights Reserved

 

 

 

ABN MANAGEMENT (F/K/A ABN MANAGER), STATE REPORTING AUDITOR (F/K/A AUDITOR), CAREPRICER, CHARGE CAPTURE AUDIT (F/K/A CCA), CDM ENTERPRISE, CDM MANAGER, CDM MASTER, CLAIMS MANAGEMENT, COLLECTIONS MANAGEMENT, CONTRACT MODELER, DENIALS MANAGEMENT (F/K/A XCLAIM, XCOLLECT, XDM), CLINICAL CODING EXPERT, HARVEST CONTRACT MANAGEMENT SYSTEM, KNOWLEDGE SOURCE, KNOWLEDGE SOURCE PROFESSIONAL (F/K/A KNOWLEDGE SOURCE PRO), RECOVERY AUDIT MANAGER (F/K/A MEDASSETS CLAIMS AUDITOR), INTEGRATED CODE CHECK VIA WEB SERVICES OR INTEGRATED CODE CHECK VIA DATA FILES (F/K/A MEDASSETS CONTENT SERVICES), REVENUEDASHBOARD, AND STRATEGIC PRICING (COLLECTIVELY, THE “FINTHRIVE SOLUTIONS WITH AMA CONTENT”)

 

If you are licensed to use any FinThrive Solutions with AMA Content, then the following terms and conditions apply to you:

 

 

AMA END USER AGREEMENT

 

The FinThrive Solutions with AMA Content contain content licensed to FinThrive by the American Medical Association (the “AMA Content”). As such, use of the FinThrive Solutions with AMA Content and any AMA content contained in these solutions are subject to additional terms and conditions from the AMA as stated below. Please carefully read the following terms and conditions before accessing and using the FinThrive Solutions with AMA Content.  By clicking “I AGREE” and accessing and using any FinThrive Solutions with AMA Content, you (as an “End User”) acknowledge your acceptance of these terms and conditions (the “AMA End User Agreement”). You also acknowledge that you have read the AMA End User Agreement and agree to abide by and be bound to the AMA End User Agreement. As used in this AMA End User Agreement, “AMA” means the American Medical Association a not‑for‑profit corporation, located at 515 North State Street, Chicago, Illinois 60654, USA. “End User” means both you, as an individual, and the company you represent.

 

If you do not agree with the terms and conditions of the AMA End User Agreement, then you will not be allowed to access the FinThrive Solutions with AMA Content and you should contact your FinThrive representative for a refund.

 

1.     Grant of Rights, Restrictions and Obligations

(a)   The End User Agreement(s) will identify the Editorial Content licensed from the AMA and state that the license granted is a nontransferable, nonexclusive license, for the sole purpose of internal use by End User within the Territory.

 

(b)   The End User Agreement(s) will state that the End User is prohibited from publishing, distributing via the Internet or other public computer based information system, creating derivative works (including translating), transferring, selling, leasing, licensing or otherwise making available to any unauthorized party the Electronic Licensed Product(s), or a copy or portion of Electronic Licensed Product(s).

 

(c)   The End User Agreement(s) will specify that provision of updated Editorial Content in the Electronic Licensed Product(s) is dependent on continuing contractual relationship between FinThrive and the AMA.

 

(d)   The End User Agreement(s) will state that the End User must ensure that anyone with authorized access to the Electronic Licensed Product(s) will comply with the provisions of the End User Agreement.

 

(e)   The End User Agreement(s) will state Users of CPT Editorial Content, AMA’s version of ICD-10-CM/PCS, AMA’s version of HCPCS, and SNOMED CT® Maps are defined as follows:

 

“User” means an individual who:

(i)    accesses, uses, or manipulates CPT Editorial Content and/or AMA’s version of ICD-10-CM/PCS and/or AMA’s version of HCPCS and/or SNOMED CT® Maps, as applicable, contained in the Electronic Licensed Product; or

(ii)   accesses, uses, or manipulates the Electronic Licensed Product to produce or enable an output (data, reports, or the like) that could not have been created without the CPT Editorial Content and/or AMA’s version of ICD-10-CM/PCS and/or AMA’s version of HCPCS and/or SNOMED CT® Maps, as applicable, embedded in the Electronic Licensed Product(s) even though CPT Editorial Content and/or AMA’s version of ICD-10-CM/PCS and/or AMA’s version of HCPCS and/or SNOMED CT® Maps, as applicable, may not be visible or directly accessible; or

(iii)  makes use of an output of the Electronic Licensed Product that relies on or could not have been created without the CPT Editorial Content and/or AMA’s version of ICD-10-CM/PCS and/or AMA’s version of HCPCS and/or SNOMED CT® Maps, as applicable embedded in the Electronic Licensed Product even though CPT Editorial Content and/or AMA’s version of ICD-10-CM/PCS and/or AMA’s version of HCPCS and/or SNOMED CT® Maps, as applicable, may not be visible or directly accessible.

 

The End User Agreement(s) will state End User shall accurately calculate Users as defined above for CPT Editorial Content and/or AMA’s version of ICD-10-CM/PCS and/or AMA’s version of HCPCS, as contained in each Electronic Licensed Product, as applicable, in accordance with the methods for the User Proxy Model Product Categories of Electronic Licensed Product(s) as detailed in the User Proxy Model Calculator in Exhibit A to the End User Agreement Checklist, and/or such other model as required by FinThrive under the license agreement between FinThrive and AMA.  End User shall report to FinThrive the accurately calculated number of Users of CPT Editorial Content and/or AMA’s version of ICD-10-CM/PCS and/or AMA’s version of HCPCS, as contained in each Electronic Licensed Product, as applicable, using this methodology (in order that FinThrive may accurately report and pay royalties to the AMA).

 

The End User Agreement(s) will state End User shall accurately count Users as defined above for CPT Editorial Content and/or AMA’s version of ICD-10-CM/PCS and/or AMA’s version of HCPCS and/or SNOMED CT® Maps, as contained in each Electronic Licensed Product, as applicable, where FinThrive advises End User that FinThrive and End User are obligated to count Users in accordance with the license agreement between FinThrive and the AMA.  End User shall report to FinThrive the accurately counted number of Users of CPT Editorial Content and/or AMA’s version of ICD-10-CM/PCS and/or AMA’s version of HCPCS and/or SNOMED CT® Maps, as contained in each Electronic Licensed Product, as applicable (in order that FinThrive may accurately report and pay royalties to the AMA).

 

2.     Notices

(a)   The End User Agreement(s) will state that CPT is copyrighted by the AMA and that CPT is a registered trademark of the AMA.

 

(b)   The End User Agreement(s) will include the “U.S. Government Rights” notice as provided in section 8.2.1, Notices and Disclaimers, Electronic Licensed Products, U.S. Government Rights of the license agreement between FinThrive and the AMA as follows:

 

U.S. Government Rights

This product includes CPT which is commercial technical data, which was developed exclusively at private expense by the American Medical Association (AMA), 330 North Wabash Avenue, Chicago, Illinois 60611.  The AMA does not agree to license CPT to the Federal Government based on the license in FAR 52.227-14 (Data Rights - General) and DFARS 252.227-7015 (Technical Data - Commercial Items) or any other license provision.  The AMA reserves all rights to approve any license with any Federal agency.

 

3.     Back Up Rights

(a)   The End User Agreement(s) will state that the End User may only make copies of the Electronic Licensed Product(s) for back up or archival purposes.

 

(b)   The End User Agreement(s) will state that all notices of proprietary rights, including trademark and copyright notices, must appear on all permitted back up or archival copies made.

 

4.     Contract Assent Mechanism

(a)   If a written contract is used, an authorized official of both FinThrive and End User must execute the agreement in writing.

 

(b)   If a shrink-wrap or click-wrap license is used, use of the Electronic Licensed Product(s) must be limited to the U.S.

 

(c)   If a shrink-wrap license is used, the following notice must appear in boldface type in a conspicuous location so it can be seen prior to opening the Electronic Licensed Product(s) package:

 

Carefully read the following terms and conditions before opening and using the <ABN Management, CDM Manager, Knowledge Source, Recovery Audit Management>.  Opening and using <ABN Management, CDM Manager, Knowledge Source, Recovery Audit Management> acknowledges your acceptance of these terms and conditions.  If you do not agree with these terms and conditions, you should return the <ABN Management, CDM Manager, Knowledge Source, Recovery Audit Management> package within a reasonable time and your money will be refunded.

 

(d)   If a click-wrap agreement will be used, each End User must indicate acceptance of the terms of the End User Agreement by an appropriate mechanism provided for that purpose.  For purposes of this Agreement, “click-wrap agreement” means a license agreement that: (i) appears on a computer screen or Web page; (ii) requires End Users to see the terms of the license agreement before indicating acceptance; (iii) includes a computer program or Web page mechanism which requires End Users to accept the terms of the End User Agreement prior to accessing Editorial Content (for example, by pointing the cursor at a “I Accept” box and indicating by clicking that they accept the terms); and (iv) includes a mechanism to keep a record of the End User’s acceptance of the End User Agreement.

 

5.     Miscellaneous

(a)   The End User Agreement(s) will limit, to the extent possible under the applicable laws, the warranties and liability for Editorial Content as contained in the Electronic Licensed Products, stating that Editorial Content as contained in the Electronic Licensed Products is provided “as is” without any liability to the AMA, including without limitation, no liability for consequential or special damages, or lost profits for sequence, accuracy, or completeness of data, or that it will meet the End User’s requirements, and that the AMA’s sole responsibility is to make available to FinThrive replacement copies of the Editorial Content if the data is not intact; and that the AMA disclaims any liability for any consequences due to use, misuse, or interpretation of information contained or not contained in Editorial Content.

 

(b)   The End User Agreement(s) will state that it will terminate in the event of default.

 

(c)   The End User Agreement(s) will require a license fee or other consideration.

 

(d)   The End User Agreement(s) will state that in the event a provision is determined to violate any law or is unenforceable the remainder of the End User Agreement will remain in full force and effect.

 

(e)   AMA shall be named as a third-party beneficiary of the End User Agreement(s).

 

(f)    The End User Agreement(s) will state End User grants FinThrive permission to provide the AMA with End User’s name.

 

6. further restrictions on end user use of ama content. End User is not permitted to print any document that contains any AMA content from the FinThrive Solutions without emailing and requesting consent from amaoutput@finthrive.com. Unless the end user is the licensed named user of the FinThrive Solutions, end user may not allow any other person to access, use or manipulate any AMA Content or make use of an output from the FinThrive Solutions under any circumstance unless end user has requested prior written consent from FinThrive, via AMAOUTPUT@FinThrive.com.

 

 

RECOVERY AUDIT MANAGEMENT (F/K/A CLAIMS AUDITOR), CDM MANAGER, CDM MASTER, CONTRACT MANAGEMENT (F/K/A CONTRACT MANAGER), CONTRACT MODELING (F/K/A CONTRACT MODELER), COST-TO-CHARGE ANALYTICS: SUPPLY (F/K/A CROSSWALK), COST-TO-CHARGE ANALYTICS: PHARMACY (F/K/A CROSSWALK PHARMACY), KNOWLEDGE SOURCE, REVENUEDASHBOARD, PRICE MASTER, CLAIMS MANAGEMENT (F/K/A XCLAIM, XCOLLECT, XDM), DENIALS MANAGEMENT, COLLECTIONS MANAGEMENT, CLAIMSHOP, TRANSPLANT MANAGER, EPISDE MANAGER, CLINICAL CODING EXPERT, AND FINTHRIVE CONTENT SERVICES

(COLLECTIVELY, THE “FINTHRIVE SOLUTIONS WITH AHA CONTENT”)

 

If you are licensed to use any FinThrive Solutions with AHA Content, then the following terms and conditions apply to you:

 

 

AHA END USER AGREEMENT

 

The FinThrive Solutions with AHA Content contain content licensed to FinThrive by the American Hospital Association (the “AHA Content”). As such, use of the FinThrive Solutions with AHA Content and any AHA content contained in these solutions are subject to additional terms and conditions from the AHA as stated below. Please carefully read the following terms and conditions before accessing and using the FinThrive Solutions with AHA Content.  By clicking “I AGREE” and accessing and using any FinThrive Solutions with AHA Content, you (as an “End User”) acknowledge your acceptance of these terms and conditions (the “AHA End User Agreement”). You also acknowledge that you have read the AHA End User Agreement and agree to abide by and be bound to the AHA End User Agreement. As used in this AHA End User Agreement, “AHA” means the American Hospital Association, Health Forum, LLC (“Health Forum”), an Illinois limited liability company, located at 155 N. Wacker Dr., Suite 400, Chicago, IL 60606 and any “Affiliate”, which means and includes any person, corporation, firm, partnership, limited liability company, association, or other entity controlling, controlled by or under common control with a party and/or its shareholders or owners. Without limiting the foregoing, Affiliates of Health Forum include the AHA, the National Uniform Billing Committee, the Editorial Advisory Board for ICD-9-CM, and the Editorial Advisory Board for HCPCS. “End User” means both you, as an individual, and the company you represent.

 

If you do not agree with the terms and conditions of the AHA End User Agreement, then you will not be allowed to access the FinThrive Solutions with AHA Content and you should contact your FinThrive representative for a refund.

 

1.             License Grant; Restrictions.

 

(a)            The AHA Content incorporated into the FinThrive Solutions with AHA Content is provided solely for the internal business use of the End Users; for the avoidance of doubt, this will not include independent contractors unless such contractors are subject to these terms and conditions.

 

(b)            Solely in connection with the FinThrive Solutions with AHA Content, the End Users shall have the right during the term of the AHA End User Agreement to:

 

a.     Install and use the AHA Content on a computer system at each End User location;

b.     Reproduce and distribute excerpts of AHA Content without modification in various printed and electronic documents solely for purposes of claims processing, billing and patient treatment, via commands contained in the FinThrive Solutions with AHA Content;

c.      Print limited portions of the AHA Content on a specific topic, without any modification to the excerpt and solely for the exclusive use of the End User, as long as the source of the excerpt(s), copyright notice specified in Section 2 and government rights notices specified in Section 3 are printed on the printout(s); and

d.     Make copies of the FinThrive Solutions with AHA Content for back up or archival purposes only; provided that, all copyright notices specified in Section 2 and government rights notices specified in Section 3 appear on all permitted back up or archival copies that are made.

 

(c)            Notwithstanding the foregoing, End Users are prohibited from publishing, distributing via the Internet or other public electronic information system, creating derivative works (including translations), modifying, transferring, selling, leasing, licensing or otherwise making available to any unauthorized party the AHA Content, or a copy or portion of the AHA Content.

 

(d)            FinThrive’s right to provide the AHA Content to the End User in connection with the FinThrive Solutions with AHA Content pursuant to the AHA End User Agreement is dependent upon the continuation of the contractual relationship between FinThrive and Health Forum. If this contractual relationship expires or is otherwise terminated, the AHA End User Agreement will be immediately terminated and the End User will be required to discontinue all use of the AHA Content pursuant to this Agreement.

 

(e)            End User shall ensure that anyone with authorized access to the FinThrive Solutions with AHA Content will comply with the provisions of the AHA End User Agreement.

 

2.             Copyright Notices.  FinThrive shall include the appropriate copyright notice set forth below upon first access to the FinThrive Solutions with AHA Content in connection with AHA Content. From time to time, FinThrive may update the FinThrive Solutions with AHA Content to include updated versions of the AHA Content (“Updated Products”).  When FinThrive provides the End User with the Updated Products, FinThrive will advise End User that the year in the copyright notice below will reflect the current year.

 

a.        UB-04 Manual. OFFICIAL UB-04 DATA SPECIFICATIONS MANUAL and UB-04 DATA FILE, <2019>, is copyrighted by American Hospital Association (“AHA”), Chicago, Illinois.  No portion of OFFICIAL UB-04 MANUAL may be reproduced, sorted in a retrieval system, or transmitted, in any form or by any means, electronic, mechanical, photocopying, recording or otherwise, without prior express, written consent of AHA.”

b.        ICD-10-CM Coding Clinic. Copyright (2019), American Hospital Association (“AHA”), Chicago, Illinois. Reproduced with permission.  No portion of this publication may be reproduced, sorted in a retrieval system, or transmitted, in any form or by any means, electronic, mechanical, photocopying, recording or otherwise, without prior express, written consent of AHA.

c.         HCPCS Coding Clinic.Copyright (2019), American Hospital Association (“AHA”), Chicago, Illinois. Reproduced with permission.  No portion of this publication may be reproduced, sorted in a retrieval system, or transmitted, in any form or by any means, electronic, mechanical, photocopying, recording or otherwise, without prior express, written consent of AHA.

 

3.             U.S. Government Rights Notices.  Each AHA End User Agreement with any federal governmental agency shall contain the following notices, as applicable.

 

(a)           UB-04 Manual. This product contains OFFICIAL UB-04 DATA SPECIFICATIONS MANUAL, 2012 content which is commercial technical data and/or computer data bases and/or commercial computer software and/or commercial computer software documentation, as applicable, which was developed exclusively at private expense by the American Hospital Association (“AHA”), 155 N. Wacker Dr., Suite 400, Chicago, Illinois 60606.  U.S. government rights to use, modify, reproduce, release, perform, display, or disclose these technical data and/or computer data bases and/or computer software and/or computer software documentation are subject to the limited rights restrictions of DFARS 252.227-7015(b)(2) (November 1995) and/or subject to the restrictions of DFARS 227.7202-1(a) (June 1995) and DFARS 227.7202-3(a) (June 1995), as applicable, for U.S. Department of Defense procurements and the limited rights restrictions of FAR 52.227-14 (December 2007) and/or subject to the restricted rights provisions of FAR 52.227-14 (December 2007) and FAR 52.227-19 (December 2007), as applicable, and any applicable agency FAR Supplements, for non-Department of Defense Federal procurements.

  

4.             Miscellaneous.

 

(a)            FINTHRIVE AND THE OWNER OF THE AHA CONTENT PROVIDE THE AHA CONTENT “AS IS,” AND EXPRESSLY DISCLAIM ALL WARRANTIES, CONDITIONS, REPRESENTATIONS, INDEMNITIES AND GUARANTEES, WHETHER EXPRESS OR IMPLIED, ARISING BY LAW, CUSTOM, OR PRIOR ORAL OR WRITTEN STATEMENTS BY COMPANY/RESELLER AND THE OWNER OF THE AHA CONTENT WITH RESPECT TO THE AHA CONTENT (INCLUDING, BUT NOT LIMITED TO ANY WARRANTY OF SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, ACCURACY, TIMELINESS, AND COMPLETENESS) TO THE MAXIMUM EXTENT ALLOWED BY LAW.  COMPANY/RESELLER AND THE OWNER OF THE AHA CONTENT FURTHER DISCLAIM, AND SHALL HAVE NO LIABILITY FOR, ANY ERRORS, OMISSIONS OR INACCURACIES IN THE AHA CONTENT OR ANY USES, MISUSES OR INTERPRETATIONS OF THE INFORMATION CONTAINED IN OR NOT CONTAINED IN THE AHA CONTENT.  FINTHRIVE AND THE OWNER OF THE AHA CONTENT ALSO DO NOT WARRANT THAT THE AHA CONTENT WILL BE ACCESSIBLE IN ANY PARTICULAR HARDWARE/SOFTWARE ENVIRONMENT. END USER SHALL BE SOLELY RESPONSIBLE FOR THE USE, EFFICIENCY, AND SUITABILITY OF THE AHA CONTENT.

 

(b)            Health Forum and its Affiliates are third-party beneficiaries of the AHA End User Agreement.  Nothing in this Agreement shall be interpreted or construed as giving any rights or benefits to anyone other than Health Forum, its Affiliates, FinThrive and the End User.

 

(c)            End User shall keep at its principal place of business complete and accurate records and accounts covering all transactions relating to the AHA End User Agreement, including a list of all End Users, for at least five years following the year to which such records and accounts pertain. End User will also provide FinThrive or its authorized agent with reasonable access, without charge, to review or audit the relevant books, records and systems of End User to assure compliance with the terms of this AHA End User Agreement.  FinThrive agrees to give the End User at least 30 days’ prior written notice of its exercise of audit rights under the AHA End User Agreement.

 

 

 

KNOWLEDGE SOURCE (INCLUDING PRO, ADVANCED, BUILDER, WEB SERVICES AND DATA FILES), CDM PRODUCTS, PRECYSE CODE AND PRECYSE CDI (COLLECTIVELY, THE “FINTHRIVE SOLUTIONS WITH ADA CONTENT”)

 

If you are licensed to use any FinThrive Solutions with ADA Content, then the following terms and conditions apply to you:

 

 

 

ADA END USER LICENSE AGREEMENT

 

1.           End User License Grant

 

End User is hereby granted a non-exclusive, non-transferable right to use the CDT solely as part of the Bundled Product and solely for End User’s internal business purposes. End User means a Healthcare Network licensed to use a Bundled Product solely for internal business purposes, and not for redistribution.  A Healthcare Network means a system that includes interrelated and affiliated medical groups, hospitals, clinics, physicians’ offices, skilled nursing facilities or long-term care facilities or other healthcare facilities. This License grants End-User the right:

 

(a) to install and use the CDT on End User’s computer system;

(b) to retrieve CDT codes, descriptors and nomenclature via commands contained in the

Bundled Products for the exclusive use of End User its employees;

(c) to reproduce and distribute partial listings of the CDT codes, nomenclature and descriptors in various printed and electronic documents for purposes of claims processing, billing and patient treatment, via commands contained in the Bundled Product;

(d) to print limited portions of the CDT solely for the exclusive use of End User; and

(e) to print a complete listing of the CDT codes, nomenclature and descriptors solely for the

exclusive use of End User.

 

2.           End User License Restrictions

 

Except as expressly permitted in theLicense Grant, End User may not and may not permit anyone else to (a) copy the CDT; (b) alter, amend, change or modify the CDT, including the CDT codes, nomenclature and descriptors or other content of the CDT; (c) remove any copyright or other proprietary notices, labels or marks from the CDT or from Output created by using the Bundled Product; (d) distribute, sell, assign, lease or otherwise transfer the CDT, including the Code or any portion

thereof, in any printed, machine-readable or other form to any other person, firm or entity, including but not limited to, as Output; or (e) use the CDT, whether on a time-sharing, remote job entry or other multiple user arrangement. End User shall take reasonable measures to maintain the security of the CDT.

 

The restriction set forth in section 2(b) shall not limit End User’s right to add additional content to the Bundled Product (End User Content), provided:  End User does not alter, amend, change or modify existing CDT codes, nomenclature and descriptors or other CDT content, and End User’s Output does not claim or otherwise imply that such End User Content is owned, created, approved or endorsed by ADA.

 

IN NO EVENT SHALL END USER USE THE BUNDLED PRODUCT FOR OR ON BEHALF OF ANY THIRD PARTY, INCLUDING BUT NOT LIMITED TO USE OF THE BUNDLED PRODUCTS TO PROVIDE CONSULTING, TIME- SHARING OR OUTSOURCING SERVICES OR TO ACT AS A SERVICE BUREAU OPERATION.  END USER IS EXPRESSLY PROHIBITED FROM DISTRIBUTING OUTPUT, INCLUDING THE CODE OR PORTIONS THEREOF, TO ANY PERSON, FIRM OR ENTITY. The foregoing restriction shall not be deemed to restrict the End User from using the CDT codes in the ordinary course of its business, to identify procedures used in the treatment of patients and processing of insurance claims.

 

 

3.           Ownership of Intellectual Property

 

End User acknowledges and agrees that ADA owns all right, title and interest (including all copyrights and other intellectual property rights) in the CDT (in all print and machine readable forms), all other rights of commercialization, rental or sale of the CDT or any part thereof, the right to make derivatives of the CDT and the right to distribute the CDT and copies thereof. End user acquires no proprietary interest in the CDT, or any portion thereof. Except for the limited rights expressly granted to End User herein this Agreement, all other rights in the CDT are owned and retained by ADA.

 

4.           Warranty

 

EXCEPT AS EXPRESSLY STATED HEREIN, THE CDT IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF PERFORMANCE OR MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. END USER BEARS ALL RISK RELATING TO QUALITY, ACCURACY AND PERFORMANCE OF THE CDT.

 

5.           Limitation of Liability

 

IN NO EVENT WILL ADA BE LIABLE FOR ANY LOST PROFITS OR ANY DAMAGES, INCLUDING direct, indirect, incidental, special, consequential or any other type of damages, ARISING OUT OF THIS LICENSE AGREEMENT OR THE USE OF OR INABILITY TO USE THE CDT OR DOCUMENTATION, EVEN IF ADA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  THIS LIMITATION OF LIABILITY SHALL APPLY TO ANY CLAIM OR CAUSE WHATSOEVER WHETHER SUCH CLAIM OR CAUSE IS IN CONTRACT, TORT OR OTHERWISE.

 

6.           Indemnification

 

End User agrees to indemnify ADA (including reasonable attorneys' fees and costs of litigation) against and hold ADA harmless from any and all claims, liability, losses, damages and expenses resulting from End User's use of the CDT, in breach of any of the terms of this Agreement, or End User's use of any data or documentation received from ADA, regardless of the form of action.

 

7.           Third Party Beneficiary

 

The End User License for each Bundled Product shall expressly state that ADA is a direct and intended third party beneficiary of the End User License between Licensee and End User; provided, however, ADA’s rights as a third party beneficiary are limited solely to the End User’s use of the CDT outside the scope of the End User License.

 

 

 

CDM MASTER, COST-TO-CHARGE ANALYTICS: PHARMACY (F/K/A CROSSWALK PHARMACY) AND KNOWLEDGE SOURCE (COLLECTIVELY, THE “FINTHRIVE SOLUTIONS WITH LEXI-COMP CONTENT”)

 

If you are licensed to use any FinThrive Solutions with Lexi-Comp Content, then the following terms and conditions apply to you:

 

 

LEXI-COMP INTEGRATED PRODUCT END-USER LICENSE AGREEMENT

 

The FinThrive Solutions with Lexi-Comp Content contain content licensed to FinThrive by Lexi-Comp, Inc. (the “Lexi-Comp Product”). As such, use of the FinThrive Solutions with Lexi-Comp Content and any Lexi-Comp content contained in these solutions are subject to additional terms and conditions from Lexi-Comp as stated below. Please carefully read the following terms and conditions before accessing any FinThrive Solutions with Lexi-Comp Content. By clicking “I AGREE” and accessing and using any FinThrive Solutions with Lexi-Comp Content, you (as an “End User”) acknowledge your acceptance to these terms and conditions (the “Lexi-Comp Agreement”). You also acknowledge that you have read the Lexi-Comp Agreement and agree to abide by and be bound to the Lexi-Comp Agreement. As used in this Lexi-Comp Agreement, “LexiComp” means an Ohio corporation, located at 1100 Terex Rod, Hudson, OH 44236. “End-User” means both you, as an individual, and the company you represent.

 

If you do not agree with the terms and conditions of the Lexi-Comp Agreement, then you will not be allowed to access the FinThrive Solutions with Lexi-Comp Content and you should contact your FinThrive representative for a refund.

 

Lexi-Comp Integrated Product End-User License Agreement

 

The Lexi-Comp Product is a Lexi-Comp product provided to you by Lexi-Comp, Inc., contained within the FinThrive Solutions with Lexi-Comp Content. The Lexi-Comp Product and the FinThrive Solutions with Lexi-Comp Content: CDM Master, Cost-to-Charge Analytics: Pharmacy (f/k/a CrossWalk Pharmacy), KnowledgeMaster, and Knowledge Source, are all separate products provided by separate entities. The Lexi-Comp Product is intended for use by consumers in the United States.

 

Your use of the FinThrive Solutions with Lexi-Comp Content acknowledges acceptance of these restrictions, disclaimers, and limitations. You expressly acknowledge and agree that Lexi-Comp is not responsible for the results of your decisions resulting from the use of the Lexi-Comp Product, including, but not limited to, your choosing to seek or not to seek professional medical care, or from choosing or not choosing specific treatment based on the Lexi-Comp Product.

 

Every effort has been made to ensure that the information provided in the Lexi-Comp Product is accurate, up-to-date, and complete, but no guarantee is made to that effect. In addition, the drug information contained herein may be time sensitive.

 

The Lexi-Comp Product does not endorse drugs, diagnose patients, or recommend therapy. The Lexi-Comp Product is an informational resource designed to assist licensed healthcare practitioners in caring for their patients and provide consumers with drug specific information. Healthcare practitioners should use their professional judgment in using the information provided. The Lexi-Comp Product is not a substitute for the care provided by licensed healthcare practitioners and consumers are urged to consult with their healthcare practitioner in all instances. The absence of a warning for a given drug or drug combination in no way should be construed to indicate that the drug or drug combination is safe, effective or appropriate for any given patient. Lexi-Comp does not assume any responsibility for any aspect of healthcare administered or not administered with the aid of information the Lexi-Comp Product provides.

 

Disclaimer of Warranties

 

THE END-USER ACKNOWLEDGES THAT THE LEXI-COMP PRODUCT IS PROVIDED ON AN “AS IS” BASIS.  EXCEPT FOR WARRANTIES WHICH MAY NOT BE DISCLAIMED AS A MATTER OF LAW, LEXI-COMP AND ITS AFFILIATES MAKES NO REPRESENTATIONS OR WARRANTIES WHATSOEVER, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO REPRESENTATIONS OR WARRANTIES REGARDING THE ACCURACY OR NATURE OF THE CONTENT OF THE LEXI-COMP PRODUCT, WARRANTIES OF TITLE, NONINFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

 

IN ADDITION, WITHOUT LIMITING THE FOREGOING, THE LEXI-COMP PRODUCT HAS BEEN DESIGNED FOR USE IN THE UNITED STATES ONLY AND COVERS THE DRUG PRODUCTS USED IN PRACTICE IN THE UNITED STATES. LEXI-COMP PROVIDES NO CLINICAL INFORMATION OR CHECKS FOR DRUGS NOT AVAILABLE FOR SALE IN THE UNITED STATES AND CLINICAL PRACTICE PATTERNS OUTSIDE THE UNITED STATES MAY DIFFER SUBSTANTIALLY FROM INFORMATION SUPPLIED BY THE LEXI-COMP PRODUCT. LEXI-COMP DOES NOT WARRANT THAT USES OUTSIDE THE UNITED STATES ARE APPROPRIATE

 

The End-User acknowledges that updates to the Lexi-Comp Product are at the sole discretion of Lexi-Comp. Lexi-Comp makes no representations or warranties whatsoever, express or implied, with respect to the compatibility of the Lexi-Comp Product, or future releases thereof, with any computer hardware or software, nor does Lexi-Comp represent or warrant the continuity of the features or the facilities provided by or through the Lexi-Comp Product as between various releases thereof.

 

Any warranties expressly provided herein do not apply if: (i) the End-User alters, mishandles or improperly uses, stores or installs all, or any part, of the Lexi-Comp Product, (ii) the End-User uses, stores or installs the Lexi-Comp Product on a computer system which fails to meet the specifications provided by Lexi-Comp, or (iii) the breach of warranty arises out of or in connection with acts or omissions of persons other than Lexi-Comp.

 

Assumption of Risk, Disclaimer of Liability, Indemnity

 

THE END-USER ASSUMES ALL RISK FOR SELECTION AND USE OF THE LEXI-COMP PRODUCT AND CONTENT PROVIDED THEREON. LEXI-COMP SHALL NOT BE RESPONSIBLE FOR ANY ERRORS, MISSTATEMENTS, INACCURACIES OR OMISSIONS REGARDING CONTENT DELIVERED THROUGH THE LEXI-COMP PRODUCT OR ANY DELAYS IN OR INTERRUPTIONS OF SUCH DELIVERY. THE END-USER ACKNOWLEDGES THAT LEXI-COMP: (A) HAS NO CONTROL OF OR RESPONSIBILITY FOR THE END-USER’S USE OF THE LEXI-COMP PRODUCT OR CONTENT PROVIDED THEREON. (B) HAS NO KNOWLEDGE OF THE SPECIFIC OR UNIQUE CIRCUMSTANCES UNDER WHICH THE LEXI-COMP PRODUCT OR CONTENT PROVIDED THEREON MAY BE USED BY THE END-USER. (C) UNDERTAKES NO OBLIGATION TO SUPPLEMENT OR UPDATE CONTENT OF THE LEXI-COMP PRODUCT, AND (D) HAS NO LIABILITY TO ANY PERSON FOR ANY DATA OR INFORMATION INPUT ON THE LEXI-COMP PRODUCT BY PERSONS OTHER THAN LEXI-COMP. LEXI-COMP AND ITS AFFILIATES SHALL NOT BE LIABLE TO ANY PERSON (INCLUDING BUT NOT LIMITED) TO THE END-USER AND PERSONS TREATED BY OR ON BEHALF OF THE END-USER) FOR, AND THE END-USER AGREES TO INDEMNIFY AND HOLD LEXI-COMP HARMLESS FROM ANY CLAIMS, LAWSUITS, PROCEEDINGS, COSTS, ATTORNEYS’ FEES, DAMAGES OR OTHER LOSSES (COLLECTIVELY, “LOSSES”) ARISING OUT OF OR RELATING TO (A) THE END-USER’S USE OF THE LEXI-COMP PRODUCT OR CONTENT PROVIDED THEREON OR ANY EQUIPMENT FURNISHED IN CONNECTION THEREWITH AND (B)ANY DATA OR INFORMATION INPUT ON THE LEXI-COMP PRODUCT BY END-USER, IN ALL CASES INCLUDING BUT NOT LIMITED TO LOSSES FOR TORT, PERSONAL  INJURY, MEDICAL MALPRACTICE, OR PRODUCT LIABILITY. FURTHER, WITHOUT LIMITING THE FOREGOING, IN NO EVENT SHALL LEXI-COMP AND ITS AFFILIATES BE LIABLE FOR ANY SPECIAL, INCIDENTAL CONSEQUENTIAL, OR INDIRECT DAMAGES, INCLUDING DAMAGES FOR LOSS OF PROFITS, LOSS OF BUSINESS, OR DOWN TIME, EVEN IF LEXI-COMP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE INFORMATION CONTAINED WITHIN THE LEXI-COMP PRODUCT IS INTENDED FOR USE ONLY AS Ail INFORMATIONAL TOOL AND END-USERS ARE URGED TO CONSULT WITH A PHYSICIAN OR OTHER HEALTHCARE PROFESSIONAL REGARDING THEIR SPECIFIC SITUATION FOR DIAGNOSIS OR BY PHYSICIANS AND PROFESSIONALS WHO SHOULD RELY ON THEIR CLINICAL DISCRETION AND JUDGMENT IN DIAGNOSIS AND TREATMENT. AS BETWEEN THE END-USER AND LEXI-COMP, THE END-USER HEREBY ASSUMES FULL RESPONSIBILITY FOR INSURING THE APPROPRIATENESS OF USING AND RELYING UPON THE INFORMATION IN VIEW OF ALL ATTENDANT CIRCUMSTANCES, INDICATIONS, AND CONTRAINDICATIONS.

 

Liability of Lexi-Comp to the End-User

 

Under no circumstances shall Lexi-Comp and its affiliates be liable to the End-User or any other person for any direct, indirect, exemplary, special or consequential damages arising out of or relating to the End-User’s USC of or inability to use the Lexi-Comp Product or the content of the Lexi-Comp Product provided thereon or any equipment furnished in connection therewith. Lexi-Comp’s total maximum cumulative liability hereunder in connection with this Agreement, whether arising under contract or otherwise, are limited to the fees received by Lexi-Comp under this Agreement specifically relating to the End-User’s use of the Lexi-Comp Product or product which is the subject of the claim.

 

 

 

ABN MANAGEMENT; REVENUE DASHBOARD; CHARGE CAPTURE AUDIT; CDM MASTER; PRICE MASTER; CONTRACT MANAGER; COLLECTIONS MANAGEMENT; HIM SOLUTIONS; COST-TO-CHARGE ANALYTICS: PHARMACY (FKA CROSSWALK PHARMACY); COST-TO-CHARGE ANALYTICS: SUPPLY (FKA CROSSWALK); REPORTING FRAMEWORK (COLLECTIVELY, THE “FINTHRIVE SOLUTIONS WITH TELERIK CONTENT”)

 

If you are licensed to use any FinThrive Solutions with Telerik Content, then the following terms and conditions apply to you:

 

 

Copyright © 2011-2014 Telerik AD, all rights reserved

 

End Users may utilize (i) the Telerik Standard Programs in object code form only as embedded in the FinThrive Solutions, (ii) the Kendo Programs in minified form only as embedded in the FinThrive Solutions, and (iii) the Report Designer Program in object code form for use solely in conjunction with the FinThrive. End Users are not permitted to distribute the Telerik Package Programs or disassemble the code, or attempt in any manner to reconstruct, discover, reuse or modify any source code or underlying algorithms of the Telerik Package Programs, except to the limited extent as is permitted by law notwithstanding contractual prohibition.  Telerik’s liability is limited to the maximum extent permitted by applicable law.

 

For avoidance of doubt, End Users are not permitted to use the Telerik Package Programs, or any portions thereof, for software development or application development purposes unless End User also purchases a separate commercial license from Telerik for each of the users.

Schedule 1

 

Apache 2.0

 

Apache License

Version 2.0, January 2004

http://www.apache.org/licenses/

TERMS AND CONDITIONS FOR USE, REPRODUCTION, AND DISTRIBUTION

1. Definitions.

"License" shall mean the terms and conditions for use, reproduction, and distribution as defined by Sections 1 through 9 of this document.

"Licensor" shall mean the copyright owner or entity authorized by the copyright owner that is granting the License.

"Legal Entity" shall mean the union of the acting entity and all other entities that control, are controlled by, or are under common control with that entity. For the purposes of this definition, "control" means (i) the power, direct or indirect, to cause the direction or management of such entity, whether by contract or otherwise, or (ii) ownership of fifty percent (50%) or more of the outstanding shares, or (iii) beneficial ownership of such entity.

"You" (or "Your") shall mean an individual or Legal Entity exercising permissions granted by this License.

"Source" form shall mean the preferred form for making modifications, including but not limited to software source code, documentation source, and configuration files.

"Object" form shall mean any form resulting from mechanical transformation or translation of a Source form, including but not limited to compiled object code, generated documentation, and conversions to other media types.

"Work" shall mean the work of authorship, whether in Source or Object form, made available under the License, as indicated by a copyright notice that is included in or attached to the work (an example is provided in the Appendix below).

"Derivative Works" shall mean any work, whether in Source or Object form, that is based on (or derived from) the Work and for which the editorial revisions, annotations, elaborations, or other modifications represent, as a whole, an original work of authorship. For the purposes of this License, Derivative Works shall not include works that remain separable from, or merely link (or bind by name) to the interfaces of, the Work and Derivative Works thereof.

"Contribution" shall mean any work of authorship, including the original version of the Work and any modifications or additions to that Work or Derivative Works thereof, that is intentionally submitted to Licensor for inclusion in the Work by the copyright owner or by an individual or Legal Entity authorized to submit on behalf of the copyright owner. For the purposes of this definition, "submitted" means any form of electronic, verbal, or written communication sent to the Licensor or its representatives, including but not limited to communication on electronic mailing lists, source code control systems, and issue tracking systems that are managed by, or on behalf of, the Licensor for the purpose of discussing and improving the Work, but excluding communication that is conspicuously marked or otherwise designated in writing by the copyright owner as "Not a Contribution."

"Contributor" shall mean Licensor and any individual or Legal Entity on behalf of whom a Contribution has been received by Licensor and subsequently incorporated within the Work.

2. Grant of Copyright License. Subject to the terms and conditions of this License, each Contributor hereby grants to You a perpetual, worldwide, non-exclusive, no-charge, royalty-free, irrevocable copyright license to reproduce, prepare Derivative Works of, publicly display, publicly perform, sublicense, and distribute the Work and such Derivative Works in Source or Object form.

3. Grant of Patent License. Subject to the terms and conditions of this License, each Contributor hereby grants to You a perpetual, worldwide, non-exclusive, no-charge, royalty-free, irrevocable (except as stated in this section) patent license to make, have made, use, offer to sell, sell, import, and otherwise transfer the Work, where such license applies only to those patent claims licensable by such Contributor that are necessarily infringed by their Contribution(s) alone or by combination of their Contribution(s) with the Work to which such Contribution(s) was submitted. If You institute patent litigation against any entity (including a cross-claim or counterclaim in a lawsuit) alleging that the Work or a Contribution incorporated within the Work constitutes direct or contributory patent infringement, then any patent licenses granted to You under this License for that Work shall terminate as of the date such litigation is filed.

4. Redistribution. You may reproduce and distribute copies of the Work or Derivative Works thereof in any medium, with or without modifications, and in Source or Object form, provided that You meet the following conditions:

1.     You must give any other recipients of the Work or Derivative Works a copy of this License; and

2.     You must cause any modified files to carry prominent notices stating that You changed the files; and

3.     You must retain, in the Source form of any Derivative Works that You distribute, all copyright, patent, trademark, and attribution notices from the Source form of the Work, excluding those notices that do not pertain to any part of the Derivative Works; and

4.     If the Work includes a "NOTICE" text file as part of its distribution, then any Derivative Works that You distribute must include a readable copy of the attribution notices contained within such NOTICE file, excluding those notices that do not pertain to any part of the Derivative Works, in at least one of the following places: within a NOTICE text file distributed as part of the Derivative Works; within the Source form or documentation, if provided along with the Derivative Works; or, within a display generated by the Derivative Works, if and wherever such third-party notices normally appear. The contents of the NOTICE file are for informational purposes only and do not modify the License. You may add Your own attribution notices within Derivative Works that You distribute, alongside or as an addendum to the NOTICE text from the Work, provided that such additional attribution notices cannot be construed as modifying the License. 

You may add Your own copyright statement to Your modifications and may provide additional or different license terms and conditions for use, reproduction, or distribution of Your modifications, or for any such Derivative Works as a whole, provided Your use, reproduction, and distribution of the Work otherwise complies with the conditions stated in this License.

5. Submission of Contributions. Unless You explicitly state otherwise, any Contribution intentionally submitted for inclusion in the Work by You to the Licensor shall be under the terms and conditions of this License, without any additional terms or conditions. Notwithstanding the above, nothing herein shall supersede or modify the terms of any separate license agreement you may have executed with Licensor regarding such Contributions.

6. Trademarks. This License does not grant permission to use the trade names, trademarks, service marks, or product names of the Licensor, except as required for reasonable and customary use in describing the origin of the Work and reproducing the content of the NOTICE file.

7. Disclaimer of Warranty. Unless required by applicable law or agreed to in writing, Licensor provides the Work (and each Contributor provides its Contributions) on an "AS IS" BASIS, WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, either express or implied, including, without limitation, any warranties or conditions of TITLE, NON-INFRINGEMENT, MERCHANTABILITY, or FITNESS FOR A PARTICULAR PURPOSE. You are solely responsible for determining the appropriateness of using or redistributing the Work and assume any risks associated with Your exercise of permissions under this License.

8. Limitation of Liability. In no event and under no legal theory, whether in tort (including negligence), contract, or otherwise, unless required by applicable law (such as deliberate and grossly negligent acts) or agreed to in writing, shall any Contributor be liable to You for damages, including any direct, indirect, special, incidental, or consequential damages of any character arising as a result of this License or out of the use or inability to use the Work (including but not limited to damages for loss of goodwill, work stoppage, computer failure or malfunction, or any and all other commercial damages or losses), even if such Contributor has been advised of the possibility of such damages.

9. Accepting Warranty or Additional Liability. While redistributing the Work or Derivative Works thereof, You may choose to offer, and charge a fee for, acceptance of support, warranty, indemnity, or other liability obligations and/or rights consistent with this License. However, in accepting such obligations, You may act only on Your own behalf and on Your sole responsibility, not on behalf of any other Contributor, and only if You agree to indemnify, defend, and hold each Contributor harmless for any liability incurred by, or claims asserted against, such Contributor by reason of your accepting any such warranty or additional liability.

END OF TERMS AND CONDITIONS


 

Schedule 2

 

MIT

The MIT License (MIT)

Copyright (c) <2019> <FinThrive>

Permission is hereby granted, free of charge, to any person obtaining a copy of this software and associated documentation files (the "Software"), to deal in the Software without restriction, including without limitation the rights to use, copy, modify, merge, publish, distribute, sublicense, and/or sell copies of the Software, and to permit persons to whom the Software is furnished to do so, subject to the following conditions:

The above copyright notice and this permission notice shall be included in all copies or substantial portions of the Software.

THE SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. IN NO EVENT SHALL THE AUTHORS OR COPYRIGHT HOLDERS BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER LIABILITY, WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING FROM, OUT OF OR IN CONNECTION WITH THE SOFTWARE OR THE USE OR OTHER DEALINGS IN THE SOFTWARE.


 

Schedule 3

 

BSD

Copyright (c) <2019>, <FinThrive>
All rights reserved.

Redistribution and use in source and binary forms, with or without modification, are permitted provided that the following conditions are met:

1. Redistributions of source code must retain the above copyright notice, this list of conditions and the following disclaimer.

2. Redistributions in binary form must reproduce the above copyright notice, this list of conditions and the following disclaimer in the documentation and/or other materials provided with the distribution.

3. Neither the name of the copyright holder nor the names of its contributors may be used to endorse or promote products derived from this software without specific prior written permission.

THIS SOFTWARE IS PROVIDED BY THE COPYRIGHT HOLDERS AND CONTRIBUTORS "AS IS" AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL THE COPYRIGHT HOLDER OR CONTRIBUTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.


 

Schedule 4

 

GPL v2

GNU GENERAL PUBLIC LICENSE

Version 2, June 1991

Copyright (C) 1989, 1991 Free Software Foundation, Inc.  
51 Franklin Street, Fifth Floor, Boston, MA  02110-1301, USA
Everyone is permitted to copy and distribute verbatim copies of this license document, but changing it is not allowed.

Preamble

The licenses for most software are designed to take away your freedom to share and change it. By contrast, the GNU General Public License is intended to guarantee your freedom to share and change free software--to make sure the software is free for all its users. This General Public License applies to most of the Free Software Foundation's software and to any other program whose authors commit to using it. (Some other Free Software Foundation software is covered by the GNU Lesser General Public License instead.) You can apply it to your programs, too.

When we speak of free software, we are referring to freedom, not price. Our General Public Licenses are designed to make sure that you have the freedom to distribute copies of free software (and charge for this service if you wish), that you receive source code or can get it if you want it, that you can change the software or use pieces of it in new free programs; and that you know you can do these things.

To protect your rights, we need to make restrictions that forbid anyone to deny you these rights or to ask you to surrender the rights. These restrictions translate to certain responsibilities for you if you distribute copies of the software, or if you modify it.

For example, if you distribute copies of such a program, whether gratis or for a fee, you must give the recipients all the rights that you have. You must make sure that they, too, receive or can get the source code. And you must show them these terms so they know their rights.

We protect your rights with two steps: (1) copyright the software, and (2) offer you this license which gives you legal permission to copy, distribute and/or modify the software.

Also, for each author's protection and ours, we want to make certain that everyone understands that there is no warranty for this free software. If the software is modified by someone else and passed on, we want its recipients to know that what they have is not the original, so that any problems introduced by others will not reflect on the original authors' reputations.

Finally, any free program is threatened constantly by software patents. We wish to avoid the danger that redistributors of a free program will individually obtain patent licenses, in effect making the program proprietary. To prevent this, we have made it clear that any patent must be licensed for everyone's free use or not licensed at all.

The precise terms and conditions for copying, distribution and modification follow.

TERMS AND CONDITIONS FOR COPYING, DISTRIBUTION AND MODIFICATION

0. This License applies to any program or other work which contains a notice placed by the copyright holder saying it may be distributed under the terms of this General Public License. The "Program", below, refers to any such program or work, and a "work based on the Program" means either the Program or any derivative work under copyright law: that is to say, a work containing the Program or a portion of it, either verbatim or with modifications and/or translated into another language. (Hereinafter, translation is included without limitation in the term "modification".) Each licensee is addressed as "you".

Activities other than copying, distribution and modification are not covered by this License; they are outside its scope. The act of running the Program is not restricted, and the output from the Program is covered only if its contents constitute a work based on the Program (independent of having been made by running the Program). Whether that is true depends on what the Program does.

1. You may copy and distribute verbatim copies of the Program's source code as you receive it, in any medium, provided that you conspicuously and appropriately publish on each copy an appropriate copyright notice and disclaimer of warranty; keep intact all the notices that refer to this License and to the absence of any warranty; and give any other recipients of the Program a copy of this License along with the Program.

You may charge a fee for the physical act of transferring a copy, and you may at your option offer warranty protection in exchange for a fee.

2. You may modify your copy or copies of the Program or any portion of it, thus forming a work based on the Program, and copy and distribute such modifications or work under the terms of Section 1 above, provided that you also meet all of these conditions:

a) You must cause the modified files to carry prominent notices stating that you changed the files and the date of any change.

b) You must cause any work that you distribute or publish, that in whole or in part contains or is derived from the Program or any part thereof, to be licensed as a whole at no charge to all third parties under the terms of this License.

c) If the modified program normally reads commands interactively when run, you must cause it, when started running for such interactive use in the most ordinary way, to print or display an announcement including an appropriate copyright notice and a notice that there is no warranty (or else, saying that you provide a warranty) and that users may redistribute the program under these conditions, and telling the user how to view a copy of this License. (Exception: if the Program itself is interactive but does not normally print such an announcement, your work based on the Program is not required to print an announcement.)

These requirements apply to the modified work as a whole. If identifiable sections of that work are not derived from the Program, and can be reasonably considered independent and separate works in themselves, then this License, and its terms, do not apply to those sections when you distribute them as separate works. But when you distribute the same sections as part of a whole which is a work based on the Program, the distribution of the whole must be on the terms of this License, whose permissions for other licensees extend to the entire whole, and thus to each and every part regardless of who wrote it.

Thus, it is not the intent of this section to claim rights or contest your rights to work written entirely by you; rather, the intent is to exercise the right to control the distribution of derivative or collective works based on the Program.

In addition, mere aggregation of another work not based on the Program with the Program (or with a work based on the Program) on a volume of a storage or distribution medium does not bring the other work under the scope of this License.

3. You may copy and distribute the Program (or a work based on it, under Section 2) in object code or executable form under the terms of Sections 1 and 2 above provided that you also do one of the following:

a) Accompany it with the complete corresponding machine-readable source code, which must be distributed under the terms of Sections 1 and 2 above on a medium customarily used for software interchange; or,

b) Accompany it with a written offer, valid for at least three years, to give any third party, for a charge no more than your cost of physically performing source distribution, a complete machine-readable copy of the corresponding source code, to be distributed under the terms of Sections 1 and 2 above on a medium customarily used for software interchange; or,

c) Accompany it with the information you received as to the offer to distribute corresponding source code. (This alternative is allowed only for noncommercial distribution and only if you received the program in object code or executable form with such an offer, in accord with Subsection b above.)

The source code for a work means the preferred form of the work for making modifications to it. For an executable work, complete source code means all the source code for all modules it contains, plus any associated interface definition files, plus the scripts used to control compilation and installation of the executable. However, as a special exception, the source code distributed need not include anything that is normally distributed (in either source or binary form) with the major components (compiler, kernel, and so on) of the operating system on which the executable runs, unless that component itself accompanies the executable.

If distribution of executable or object code is made by offering access to copy from a designated place, then offering equivalent access to copy the source code from the same place counts as distribution of the source code, even though third parties are not compelled to copy the source along with the object code.

4. You may not copy, modify, sublicense, or distribute the Program except as expressly provided under this License. Any attempt otherwise to copy, modify, sublicense or distribute the Program is void, and will automatically terminate your rights under this License. However, parties who have received copies, or rights, from you under this License will not have their licenses terminated so long as such parties remain in full compliance.

5. You are not required to accept this License, since you have not signed it. However, nothing else grants you permission to modify or distribute the Program or its derivative works. These actions are prohibited by law if you do not accept this License. Therefore, by modifying or distributing the Program (or any work based on the Program), you indicate your acceptance of this License to do so, and all its terms and conditions for copying, distributing or modifying the Program or works based on it.

6. Each time you redistribute the Program (or any work based on the Program), the recipient automatically receives a license from the original licensor to copy, distribute or modify the Program subject to these terms and conditions. You may not impose any further restrictions on the recipients' exercise of the rights granted herein. You are not responsible for enforcing compliance by third parties to this License.

7. If, as a consequence of a court judgment or allegation of patent infringement or for any other reason (not limited to patent issues), conditions are imposed on you (whether by court order, agreement or otherwise) that contradict the conditions of this License, they do not excuse you from the conditions of this License. If you cannot distribute so as to satisfy simultaneously your obligations under this License and any other pertinent obligations, then as a consequence you may not distribute the Program at all. For example, if a patent license would not permit royalty-free redistribution of the Program by all those who receive copies directly or indirectly through you, then the only way you could satisfy both it and this License would be to refrain entirely from distribution of the Program.

If any portion of this section is held invalid or unenforceable under any particular circumstance, the balance of the section is intended to apply and the section as a whole is intended to apply in other circumstances.

It is not the purpose of this section to induce you to infringe any patents or other property right claims or to contest validity of any such claims; this section has the sole purpose of protecting the integrity of the free software distribution system, which is implemented by public license practices. Many people have made generous contributions to the wide range of software distributed through that system in reliance on consistent application of that system; it is up to the author/donor to decide if he or she is willing to distribute software through any other system and a licensee cannot impose that choice.

This section is intended to make thoroughly clear what is believed to be a consequence of the rest of this License.

8. If the distribution and/or use of the Program is restricted in certain countries either by patents or by copyrighted interfaces, the original copyright holder who places the Program under this License may add an explicit geographical distribution limitation excluding those countries, so that distribution is permitted only in or among countries not thus excluded. In such case, this License incorporates the limitation as if written in the body of this License.

9. The Free Software Foundation may publish revised and/or new versions of the General Public License from time to time. Such new versions will be similar in spirit to the present version, but may differ in detail to address new problems or concerns.

Each version is given a distinguishing version number. If the Program specifies a version number of this License which applies to it and "any later version", you have the option of following the terms and conditions either of that version or of any later version published by the Free Software Foundation. If the Program does not specify a version number of this License, you may choose any version ever published by the Free Software Foundation.

10. If you wish to incorporate parts of the Program into other free programs whose distribution conditions are different, write to the author to ask for permission. For software which is copyrighted by the Free Software Foundation, write to the Free Software Foundation; we sometimes make exceptions for this. Our decision will be guided by the two goals of preserving the free status of all derivatives of our free software and of promoting the sharing and reuse of software generally.

NO WARRANTY

11. BECAUSE THE PROGRAM IS LICENSED FREE OF CHARGE, THERE IS NO WARRANTY FOR THE PROGRAM, TO THE EXTENT PERMITTED BY APPLICABLE LAW. EXCEPT WHEN OTHERWISE STATED IN WRITING THE COPYRIGHT HOLDERS AND/OR OTHER PARTIES PROVIDE THE PROGRAM "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE PROGRAM IS WITH YOU. SHOULD THE PROGRAM PROVE DEFECTIVE, YOU ASSUME THE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION.

12. IN NO EVENT UNLESS REQUIRED BY APPLICABLE LAW OR AGREED TO IN WRITING WILL ANY COPYRIGHT HOLDER, OR ANY OTHER PARTY WHO MAY MODIFY AND/OR REDISTRIBUTE THE PROGRAM AS PERMITTED ABOVE, BE LIABLE TO YOU FOR DAMAGES, INCLUDING ANY GENERAL, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE THE PROGRAM (INCLUDING BUT NOT LIMITED TO LOSS OF DATA OR DATA BEING RENDERED INACCURATE OR LOSSES SUSTAINED BY YOU OR THIRD PARTIES OR A FAILURE OF THE PROGRAM TO OPERATE WITH ANY OTHER PROGRAMS), EVEN IF SUCH HOLDER OR OTHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

END OF TERMS AND CONDITIONS


 

Schedule 5

 

MS-PL

Microsoft Public License (MS-PL)

This license governs use of the accompanying software. If you use the software, you
accept this license. If you do not accept the license, do not use the software.

1. Definitions
The terms "reproduce," "reproduction," "derivative works," and "distribution" have the
same meaning here as under U.S. copyright law.
A "contribution" is the original software, or any additions or changes to the software.
A "contributor" is any person that distributes its contribution under this license.
"Licensed patents" are a contributor's patent claims that read directly on its contribution.

2. Grant of Rights
(A) Copyright Grant- Subject to the terms of this license, including the license conditions and limitations in section 3, each contributor grants you a non-exclusive, worldwide, royalty-free copyright license to reproduce its contribution, prepare derivative works of its contribution, and distribute its contribution or any derivative works that you create.
(B) Patent Grant- Subject to the terms of this license, including the license conditions and limitations in section 3, each contributor grants you a non-exclusive, worldwide, royalty-free license under its licensed patents to make, have made, use, sell, offer for sale, import, and/or otherwise dispose of its contribution in the software or derivative works of the contribution in the software.

3. Conditions and Limitations
(A) No Trademark License- This license does not grant you rights to use any contributors' name, logo, or trademarks.
(B) If you bring a patent claim against any contributor over patents that you claim are infringed by the software, your patent license from such contributor to the software ends automatically.
(C) If you distribute any portion of the software, you must retain all copyright, patent, trademark, and attribution notices that are present in the software.
(D) If you distribute any portion of the software in source code form, you may do so only under this license by including a complete copy of this license with your distribution. If you distribute any portion of the software in compiled or object code form, you may only do so under a license that complies with this license.
(E) The software is licensed "as-is." You bear the risk of using it. The contributors give no express warranties, guarantees or conditions. You may have additional consumer rights under your local laws which this license cannot change. To the extent permitted under your local laws, the contributors exclude the implied warranties of merchantability, fitness for a particular purpose and non-infringement.


 

Schedule 6

 

LGPL v2

GNU LESSER GENERAL PUBLIC LICENSE

Version 2.1, February 1999

Copyright (C) 1991, 1999 Free Software Foundation, Inc. 51 Franklin Street, Fifth Floor, Boston, MA  02110-1301  USA
Everyone is permitted to copy and distribute verbatim copies of this license document, but changing it is not allowed.
[This is the first released version of the Lesser GPL.  It also counts as the successor of the GNU Library Public License, version 2, hence the version number 2.1.]

Preamble

The licenses for most software are designed to take away your freedom to share and change it. By contrast, the GNU General Public Licenses are intended to guarantee your freedom to share and change free software--to make sure the software is free for all its users.

This license, the Lesser General Public License, applies to some specially designated software packages--typically libraries--of the Free Software Foundation and other authors who decide to use it. You can use it too, but we suggest you first think carefully about whether this license or the ordinary General Public License is the better strategy to use in any particular case, based on the explanations below.

When we speak of free software, we are referring to freedom of use, not price. Our General Public Licenses are designed to make sure that you have the freedom to distribute copies of free software (and charge for this service if you wish); that you receive source code or can get it if you want it; that you can change the software and use pieces of it in new free programs; and that you are informed that you can do these things.

To protect your rights, we need to make restrictions that forbid distributors to deny you these rights or to ask you to surrender these rights. These restrictions translate to certain responsibilities for you if you distribute copies of the library or if you modify it.

For example, if you distribute copies of the library, whether gratis or for a fee, you must give the recipients all the rights that we gave you. You must make sure that they, too, receive or can get the source code. If you link other code with the library, you must provide complete object files to the recipients, so that they can relink them with the library after making changes to the library and recompiling it. And you must show them these terms so they know their rights.

We protect your rights with a two-step method: (1) we copyright the library, and (2) we offer you this license, which gives you legal permission to copy, distribute and/or modify the library.

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END OF TERMS AND CONDITIONS


 

Schedule 7

 

CPOL 1.02

Preamble

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Schedule 8

 

OpenSSL License

 


  LICENSE ISSUES
  ==============
 
  The OpenSSL toolkit stays under a dual license, i.e. both the conditions of
  the OpenSSL License and the original SSLeay license apply to the toolkit.
  See below for the actual license texts.
 
  OpenSSL License
  ---------------
 
/* ====================================================================
 * Copyright (c) 1998-2016 The OpenSSL Project.  All rights reserved.
 *
 * Redistribution and use in source and binary forms, with or without
 * modification, are permitted provided that the following conditions
 * are met:
 *
 * 1. Redistributions of source code must retain the above copyright
 *    notice, this list of conditions and the following disclaimer. 
 *
 * 2. Redistributions in binary form must reproduce the above copyright
 *    notice, this list of conditions and the following disclaimer in
 *    the documentation and/or other materials provided with the
 *    distribution.
 *
 * 3. All advertising materials mentioning features or use of this
 *    software must display the following acknowledgment:
 *    "This product includes software developed by the OpenSSL Project
 *    for use in the OpenSSL Toolkit. (http://www.openssl.org/)"
 *
 * 4. The names "OpenSSL Toolkit" and "OpenSSL Project" must not be used to
 *    endorse or promote products derived from this software without
 *    prior written permission. For written permission, please contact
 *    openssl-core@openssl.org.
 *
 * 5. Products derived from this software may not be called "OpenSSL"
 *    nor may "OpenSSL" appear in their names without prior written
 *    permission of the OpenSSL Project.
 *
 * 6. Redistributions of any form whatsoever must retain the following
 *    acknowledgment:
 *    "This product includes software developed by the OpenSSL Project
 *    for use in the OpenSSL Toolkit (http://www.openssl.org/)"
 *
 * THIS SOFTWARE IS PROVIDED BY THE OpenSSL PROJECT ``AS IS'' AND ANY
 * EXPRESSED OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE
 * IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR
 * PURPOSE ARE DISCLAIMED.  IN NO EVENT SHALL THE OpenSSL PROJECT OR
 * ITS CONTRIBUTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL,
 * SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT
 * NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES;
 * LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION)
 * HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT,
 * STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE)
 * ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED
 * OF THE POSSIBILITY OF SUCH DAMAGE.
 * ====================================================================
 *
 * This product includes cryptographic software written by Eric Young
 * (eay@cryptsoft.com).  This product includes software written by Tim
 * Hudson (tjh@cryptsoft.com).
 *
 */
 
 Original SSLeay License
 -----------------------
 
/* Copyright (C) 1995-1998 Eric Young (eay@cryptsoft.com)
 * All rights reserved.
 *
 * This package is an SSL implementation written
 * by Eric Young (eay@cryptsoft.com).
 * The implementation was written so as to conform with Netscapes SSL.
 * 
 * This library is free for commercial and non-commercial use as long as
 * the following conditions are aheared to.  The following conditions
 * apply to all code found in this distribution, be it the RC4, RSA,
 * lhash, DES, etc., code; not just the SSL code.  The SSL documentation
 * included with this distribution is covered by the same copyright terms
 * except that the holder is Tim Hudson (tjh@cryptsoft.com).
 * 
 * Copyright remains Eric Young's, and as such any Copyright notices in
 * the code are not to be removed.
 * If this package is used in a product, Eric Young should be given attribution
 * as the author of the parts of the library used.
 * This can be in the form of a textual message at program startup or
 * in documentation (online or textual) provided with the package.
 * 
 * Redistribution and use in source and binary forms, with or without
 * modification, are permitted provided that the following conditions
 * are met:
 * 1. Redistributions of source code must retain the copyright
 *    notice, this list of conditions and the following disclaimer.
 * 2. Redistributions in binary form must reproduce the above copyright
 *    notice, this list of conditions and the following disclaimer in the
 *    documentation and/or other materials provided with the distribution.
 * 3. All advertising materials mentioning features or use of this software
 *    must display the following acknowledgement:
 *    "This product includes cryptographic software written by
 *     Eric Young (eay@cryptsoft.com)"
 *    The word 'cryptographic' can be left out if the rouines from the library
 *    being used are not cryptographic related :-).
 * 4. If you include any Windows specific code (or a derivative thereof) from 
 *    the apps directory (application code) you must include an acknowledgement:
 *    "This product includes software written by Tim Hudson (tjh@cryptsoft.com)"
 * 
 * THIS SOFTWARE IS PROVIDED BY ERIC YOUNG ``AS IS'' AND
 * ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE
 * IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE
 * ARE DISCLAIMED.  IN NO EVENT SHALL THE AUTHOR OR CONTRIBUTORS BE LIABLE
 * FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL
 * DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS
 * OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION)
 * HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT
 * LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY
 * OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF
 * SUCH DAMAGE.
 * 
 * The licence and distribution terms for any publically available version or
 * derivative of this code cannot be changed.  i.e. this code cannot simply be
 * copied and put under another distribution licence
 * [including the GNU Public Licence.]

*/

 

 

Schedule 9

 

MOZILLA PUBLIC LICENSE
Version 1.1
 
Mozilla Public License Version 1.1
 
1. Definitions.
 
1.0.1. "Commercial Use"
means distribution or otherwise making the Covered Code available to a third party.
1.1. "Contributor"
means each entity that creates or contributes to the creation of Modifications.
1.2. "Contributor Version"
means the combination of the Original Code, prior Modifications used by a Contributor, and the Modifications made by that particular Contributor.
1.3. "Covered Code"
means the Original Code or Modifications or the combination of the Original Code and Modifications, in each case including portions thereof.
1.4. "Electronic Distribution Mechanism"
means a mechanism generally accepted in the software development community for the electronic transfer of data.
1.5. "Executable"
means Covered Code in any form other than Source Code.
1.6. "Initial Developer"
means the individual or entity identified as the Initial Developer in the Source Code notice required by Exhibit A.
1.7. "Larger Work"
means a work which combines Covered Code or portions thereof with code not governed by the terms of this License.
1.8. "License"
means this document.
1.8.1. "Licensable"
means having the right to grant, to the maximum extent possible, whether at the time of the initial grant or subsequently acquired, any and all of the rights conveyed herein.
1.9. "Modifications"
means any addition to or deletion from the substance or structure of either the Original Code or any previous Modifications. When Covered Code is released as a series of files, a Modification is:
Any addition to or deletion from the contents of a file containing Original Code or previous Modifications.
Any new file that contains any part of the Original Code or previous Modifications.
1.10. "Original Code"
means Source Code of computer software code which is described in the Source Code notice required by Exhibit A as Original Code, and which, at the time of its release under this License is not already Covered Code governed by this License.
1.10.1. "Patent Claims"
means any patent claim(s), now owned or hereafter acquired, including without limitation, method, process, and apparatus claims, in any patent Licensable by grantor.
1.11. "Source Code"
means the preferred form of the Covered Code for making modifications to it, including all modules it contains, plus any associated interface definition files, scripts used to control compilation and installation of an Executable, or source code differential comparisons against either the Original Code or another well known, available Covered Code of the Contributor's choice. The Source Code can be in a compressed or archival form, provided the appropriate decompression or de-archiving software is widely available for no charge.
1.12. "You" (or "Your")
means an individual or a legal entity exercising rights under, and complying with all of the terms of, this License or a future version of this License issued under Section 6.1. For legal entities, "You" includes any entity which controls, is controlled by, or is under common control with You. For purposes of this definition, "control" means (a) the power, direct or indirect, to cause the direction or management of such entity, whether by contract or otherwise, or (b) ownership of more than fifty percent (50%) of the outstanding shares or beneficial ownership of such entity.
2. Source Code License.
 
2.1. The Initial Developer Grant.
 
The Initial Developer hereby grants You a world-wide, royalty-free, non-exclusive license, subject to third party intellectual property claims:
 
under intellectual property rights (other than patent or trademark) Licensable by Initial Developer to use, reproduce, modify, display, perform, sublicense and distribute the Original Code (or portions thereof) with or without Modifications, and/or as part of a Larger Work; and
under Patents Claims infringed by the making, using or selling of Original Code, to make, have made, use, practice, sell, and offer for sale, and/or otherwise dispose of the Original Code (or portions thereof).
the licenses granted in this Section 2.1 (a) and (b) are effective on the date Initial Developer first distributes Original Code under the terms of this License.
Notwithstanding Section 2.1 (b) above, no patent license is granted: 1) for code that You delete from the Original Code; 2) separate from the Original Code; or 3) for infringements caused by: i) the modification of the Original Code or ii) the combination of the Original Code with other software or devices.
2.2. Contributor Grant.
 
Subject to third party intellectual property claims, each Contributor hereby grants You a world-wide, royalty-free, non-exclusive license
 
under intellectual property rights (other than patent or trademark) Licensable by Contributor, to use, reproduce, modify, display, perform, sublicense and distribute the Modifications created by such Contributor (or portions thereof) either on an unmodified basis, with other Modifications, as Covered Code and/or as part of a Larger Work; and
under Patent Claims infringed by the making, using, or selling of Modifications made by that Contributor either alone and/or in combination with its Contributor Version (or portions of such combination), to make, use, sell, offer for sale, have made, and/or otherwise dispose of: 1) Modifications made by that Contributor (or portions thereof); and 2) the combination of Modifications made by that Contributor with its Contributor Version (or portions of such combination).
the licenses granted in Sections 2.2 (a) and 2.2 (b) are effective on the date Contributor first makes Commercial Use of the Covered Code.
Notwithstanding Section 2.2 (b) above, no patent license is granted: 1) for any code that Contributor has deleted from the Contributor Version; 2) separate from the Contributor Version; 3) for infringements caused by: i) third party modifications of Contributor Version or ii) the combination of Modifications made by that Contributor with other software (except as part of the Contributor Version) or other devices; or 4) under Patent Claims infringed by Covered Code in the absence of Modifications made by that Contributor.
3. Distribution Obligations.
 
3.1. Application of License.
 
The Modifications which You create or to which You contribute are governed by the terms of this License, including without limitation Section 2.2. The Source Code version of Covered Code may be distributed only under the terms of this License or a future version of this License released under Section 6.1, and You must include a copy of this License with every copy of the Source Code You distribute. You may not offer or impose any terms on any Source Code version that alters or restricts the applicable version of this License or the recipients' rights hereunder. However, You may include an additional document offering the additional rights described in Section 3.5.
 
3.2. Availability of Source Code.
 
Any Modification which You create or to which You contribute must be made available in Source Code form under the terms of this License either on the same media as an Executable version or via an accepted Electronic Distribution Mechanism to anyone to whom you made an Executable version available; and if made available via Electronic Distribution Mechanism, must remain available for at least twelve (12) months after the date it initially became available, or at least six (6) months after a subsequent version of that particular Modification has been made available to such recipients. You are responsible for ensuring that the Source Code version remains available even if the Electronic Distribution Mechanism is maintained by a third party.
 
3.3. Description of Modifications.
 
You must cause all Covered Code to which You contribute to contain a file documenting the changes You made to create that Covered Code and the date of any change. You must include a prominent statement that the Modification is derived, directly or indirectly, from Original Code provided by the Initial Developer and including the name of the Initial Developer in (a) the Source Code, and (b) in any notice in an Executable version or related documentation in which You describe the origin or ownership of the Covered Code.
 
3.4. Intellectual Property Matters
 
(a) Third Party Claims
 
If Contributor has knowledge that a license under a third party's intellectual property rights is required to exercise the rights granted by such Contributor under Sections 2.1 or 2.2, Contributor must include a text file with the Source Code distribution titled "LEGAL" which describes the claim and the party making the claim in sufficient detail that a recipient will know whom to contact. If Contributor obtains such knowledge after the Modification is made available as described in Section 3.2, Contributor shall promptly modify the LEGAL file in all copies Contributor makes available thereafter and shall take other steps (such as notifying appropriate mailing lists or newsgroups) reasonably calculated to inform those who received the Covered Code that new knowledge has been obtained.
 
(b) Contributor APIs
 
If Contributor's Modifications include an application programming interface and Contributor has knowledge of patent licenses which are reasonably necessary to implement that API, Contributor must also include this information in the LEGAL file.
 
(c) Representations.
 
Contributor represents that, except as disclosed pursuant to Section 3.4 (a) above, Contributor believes that Contributor's Modifications are Contributor's original creation(s) and/or Contributor has sufficient rights to grant the rights conveyed by this License.
 
3.5. Required Notices.
 
You must duplicate the notice in Exhibit A in each file of the Source Code. If it is not possible to put such notice in a particular Source Code file due to its structure, then You must include such notice in a location (such as a relevant directory) where a user would be likely to look for such a notice. If You created one or more Modification(s) You may add your name as a Contributor to the notice described in Exhibit A. You must also duplicate this License in any documentation for the Source Code where You describe recipients' rights or ownership rights relating to Covered Code. You may choose to offer, and to charge a fee for, warranty, support, indemnity or liability obligations to one or more recipients of Covered Code. However, You may do so only on Your own behalf, and not on behalf of the Initial Developer or any Contributor. You must make it absolutely clear than any such warranty, support, indemnity or liability obligation is offered by You alone, and You hereby agree to indemnify the Initial Developer and every Contributor for any liability incurred by the Initial Developer or such Contributor as a result of warranty, support, indemnity or liability terms You offer.
 
3.6. Distribution of Executable Versions.
 
You may distribute Covered Code in Executable form only if the requirements of Sections 3.1, 3.2, 3.3, 3.4 and 3.5 have been met for that Covered Code, and if You include a notice stating that the Source Code version of the Covered Code is available under the terms of this License, including a description of how and where You have fulfilled the obligations of Section 3.2. The notice must be conspicuously included in any notice in an Executable version, related documentation or collateral in which You describe recipients' rights relating to the Covered Code. You may distribute the Executable version of Covered Code or ownership rights under a license of Your choice, which may contain terms different from this License, provided that You are in compliance with the terms of this License and that the license for the Executable version does not attempt to limit or alter the recipient's rights in the Source Code version from the rights set forth in this License. If You distribute the Executable version under a different license You must make it absolutely clear that any terms which differ from this License are offered by You alone, not by the Initial Developer or any Contributor. You hereby agree to indemnify the Initial Developer and every Contributor for any liability incurred by the Initial Developer or such Contributor as a result of any such terms You offer.
 
3.7. Larger Works.
 
You may create a Larger Work by combining Covered Code with other code not governed by the terms of this License and distribute the Larger Work as a single product. In such a case, You must make sure the requirements of this License are fulfilled for the Covered Code.
 
4. Inability to Comply Due to Statute or Regulation.
 
If it is impossible for You to comply with any of the terms of this License with respect to some or all of the Covered Code due to statute, judicial order, or regulation then You must: (a) comply with the terms of this License to the maximum extent possible; and (b) describe the limitations and the code they affect. Such description must be included in the LEGAL file described in Section 3.4 and must be included with all distributions of the Source Code. Except to the extent prohibited by statute or regulation, such description must be sufficiently detailed for a recipient of ordinary skill to be able to understand it.
 
5. Application of this License.
 
This License applies to code to which the Initial Developer has attached the notice in Exhibit A and to related Covered Code.
 
6. Versions of the License.
 
6.1. New Versions
 
Netscape Communications Corporation ("Netscape") may publish revised and/or new versions of the License from time to time. Each version will be given a distinguishing version number.
 
6.2. Effect of New Versions
 
Once Covered Code has been published under a particular version of the License, You may always continue to use it under the terms of that version. You may also choose to use such Covered Code under the terms of any subsequent version of the License published by Netscape. No one other than Netscape has the right to modify the terms applicable to Covered Code created under this License.
 
6.3. Derivative Works
 
If You create or use a modified version of this License (which you may only do in order to apply it to code which is not already Covered Code governed by this License), You must (a) rename Your license so that the phrases "Mozilla", "MOZILLAPL", "MOZPL", "Netscape", "MPL", "NPL" or any confusingly similar phrase do not appear in your license (except to note that your license differs from this License) and (b) otherwise make it clear that Your version of the license contains terms which differ from the Mozilla Public License and Netscape Public License. (Filling in the name of the Initial Developer, Original Code or Contributor in the notice described in Exhibit A shall not of themselves be deemed to be modifications of this License.)
 
7. DISCLAIMER OF WARRANTY
 
COVERED CODE IS PROVIDED UNDER THIS LICENSE ON AN "AS IS" BASIS, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES THAT THE COVERED CODE IS FREE OF DEFECTS, MERCHANTABLE, FIT FOR A PARTICULAR PURPOSE OR NON-INFRINGING. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE COVERED CODE IS WITH YOU. SHOULD ANY COVERED CODE PROVE DEFECTIVE IN ANY RESPECT, YOU (NOT THE INITIAL DEVELOPER OR ANY OTHER CONTRIBUTOR) ASSUME THE COST OF ANY NECESSARY SERVICING, REPAIR OR CORRECTION. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS LICENSE. NO USE OF ANY COVERED CODE IS AUTHORIZED HEREUNDER EXCEPT UNDER THIS DISCLAIMER.
 
8. Termination
 
8.1. This License and the rights granted hereunder will terminate automatically if You fail to comply with terms herein and fail to cure such breach within 30 days of becoming aware of the breach. All sublicenses to the Covered Code which are properly granted shall survive any termination of this License. Provisions which, by their nature, must remain in effect beyond the termination of this License shall survive.
 
8.2. If You initiate litigation by asserting a patent infringement claim (excluding declatory judgment actions) against Initial Developer or a Contributor (the Initial Developer or Contributor against whom You file such action is referred to as "Participant") alleging that:
 
such Participant's Contributor Version directly or indirectly infringes any patent, then any and all rights granted by such Participant to You under Sections 2.1 and/or 2.2 of this License shall, upon 60 days notice from Participant terminate prospectively, unless if within 60 days after receipt of notice You either: (i) agree in writing to pay Participant a mutually agreeable reasonable royalty for Your past and future use of Modifications made by such Participant, or (ii) withdraw Your litigation claim with respect to the Contributor Version against such Participant. If within 60 days of notice, a reasonable royalty and payment arrangement are not mutually agreed upon in writing by the parties or the litigation claim is not withdrawn, the rights granted by Participant to You under Sections 2.1 and/or 2.2 automatically terminate at the expiration of the 60 day notice period specified above.
any software, hardware, or device, other than such Participant's Contributor Version, directly or indirectly infringes any patent, then any rights granted to You by such Participant under Sections 2.1(b) and 2.2(b) are revoked effective as of the date You first made, used, sold, distributed, or had made, Modifications made by that Participant.
8.3. If You assert a patent infringement claim against Participant alleging that such Participant's Contributor Version directly or indirectly infringes any patent where such claim is resolved (such as by license or settlement) prior to the initiation of patent infringement litigation, then the reasonable value of the licenses granted by such Participant under Sections 2.1 or 2.2 shall be taken into account in determining the amount or value of any payment or license.
 
8.4. In the event of termination under Sections 8.1 or 8.2 above, all end user license agreements (excluding distributors and resellers) which have been validly granted by You or any distributor hereunder prior to termination shall survive termination.
 
9. LIMITATION OF LIABILITY
 
UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, WHETHER TORT (INCLUDING NEGLIGENCE), CONTRACT, OR OTHERWISE, SHALL YOU, THE INITIAL DEVELOPER, ANY OTHER CONTRIBUTOR, OR ANY DISTRIBUTOR OF COVERED CODE, OR ANY SUPPLIER OF ANY OF SUCH PARTIES, BE LIABLE TO ANY PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF SUCH PARTY SHALL HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION OF LIABILITY SHALL NOT APPLY TO LIABILITY FOR DEATH OR PERSONAL INJURY RESULTING FROM SUCH PARTY'S NEGLIGENCE TO THE EXTENT APPLICABLE LAW PROHIBITS SUCH LIMITATION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS EXCLUSION AND LIMITATION MAY NOT APPLY TO YOU.
 
10. U.S. government end users
 
The Covered Code is a "commercial item," as that term is defined in 48 C.F.R. 2.101 (Oct. 1995), consisting of "commercial computer software" and "commercial computer software documentation," as such terms are used in 48 C.F.R. 12.212 (Sept. 1995). Consistent with 48 C.F.R. 12.212 and 48 C.F.R. 227.7202-1 through 227.7202-4 (June 1995), all U.S. Government End Users acquire Covered Code with only those rights set forth herein.
 
11. Miscellaneous
 
This License represents the complete agreement concerning subject matter hereof. If any provision of this License is held to be unenforceable, such provision shall be reformed only to the extent necessary to make it enforceable. This License shall be governed by California law provisions (except to the extent applicable law, if any, provides otherwise), excluding its conflict-of-law provisions. With respect to disputes in which at least one party is a citizen of, or an entity chartered or registered to do business in the United States of America, any litigation relating to this License shall be subject to the jurisdiction of the Federal Courts of the Northern District of California, with venue lying in Santa Clara County, California, with the losing party responsible for costs, including without limitation, court costs and reasonable attorneys' fees and expenses. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. Any law or regulation which provides that the language of a contract shall be construed against the drafter shall not apply to this License.
 
12. Responsibility for claims
 
As between Initial Developer and the Contributors, each party is responsible for claims and damages arising, directly or indirectly, out of its utilization of rights under this License and You agree to work with Initial Developer and Contributors to distribute such responsibility on an equitable basis. Nothing herein is intended or shall be deemed to constitute any admission of liability.
 
13. Multiple-licensed code
 
Initial Developer may designate portions of the Covered Code as "Multiple-Licensed". "Multiple-Licensed" means that the Initial Developer permits you to utilize portions of the Covered Code under Your choice of the MPL or the alternative licenses, if any, specified by the Initial Developer in the file described in Exhibit A.
 

Exhibit A - Mozilla Public License.

"The contents of this file are subject to the Mozilla Public License
Version 1.1 (the "License"); you may not use this file except in
compliance with the License. You may obtain a copy of the License at
https://www.mozilla.org/MPL/
 
Software distributed under the License is distributed on an "AS IS"
basis, WITHOUT WARRANTY OF ANY KIND, either express or implied. See the
License for the specific language governing rights and limitations
under the License.
 
The Original Code is ______________________________________.
 
The Initial Developer of the Original Code is ________________________.
Portions created by ______________________ are Copyright (C) ______
_______________________. All Rights Reserved.
 
Contributor(s): ______________________________________.
 
Alternatively, the contents of this file may be used under the terms
of the _____ license (the  "[___] License"), in which case the
provisions of [______] License are applicable instead of those
above. If you wish to allow use of your version of this file only
under the terms of the [____] License and not to allow others to use
your version of this file under the MPL, indicate your decision by
deleting the provisions above and replace them with the notice and
other provisions required by the [___] License. If you do not delete
the provisions above, a recipient may use your version of this file
under either the MPL or the [___] License."
 

 

 

Schedule 10

Creative Commons Attribution-ShareAlike 3.0

 

License

THE WORK (AS DEFINED BELOW) IS PROVIDED UNDER THE TERMS OF THIS CREATIVE COMMONS PUBLIC LICENSE ("CCPL" OR "LICENSE"). THE WORK IS PROTECTED BY COPYRIGHT AND/OR OTHER APPLICABLE LAW. ANY USE OF THE WORK OTHER THAN AS AUTHORIZED UNDER THIS LICENSE OR COPYRIGHT LAW IS PROHIBITED.

BY EXERCISING ANY RIGHTS TO THE WORK PROVIDED HERE, YOU ACCEPT AND AGREE TO BE BOUND BY THE TERMS OF THIS LICENSE. TO THE EXTENT THIS LICENSE MAY BE CONSIDERED TO BE A CONTRACT, THE LICENSOR GRANTS YOU THE RIGHTS CONTAINED HERE IN CONSIDERATION OF YOUR ACCEPTANCE OF SUCH TERMS AND CONDITIONS.

1. Definitions

a.     "Collective Work" means a work, such as a periodical issue, anthology or encyclopedia, in which the Work in its entirety in unmodified form, along with one or more other contributions, constituting separate and independent works in themselves, are assembled into a collective whole. A work that constitutes a Collective Work will not be considered a Derivative Work (as defined below) for the purposes of this License.

b.     "Creative Commons Compatible License" means a license that is listed at https://creativecommons.org/compatiblelicenses that has been approved by Creative Commons as being essentially equivalent to this License, including, at a minimum, because that license: (i) contains terms that have the same purpose, meaning and effect as the License Elements of this License; and, (ii) explicitly permits the relicensing of derivatives of works made available under that license under this License or either a Creative Commons unported license or a Creative Commons jurisdiction license with the same License Elements as this License.

c.      "Derivative Work" means a work based upon the Work or upon the Work and other pre-existing works, such as a translation, musical arrangement, dramatization, fictionalization, motion picture version, sound recording, art reproduction, abridgment, condensation, or any other form in which the Work may be recast, transformed, or adapted, except that a work that constitutes a Collective Work will not be considered a Derivative Work for the purpose of this License. For the avoidance of doubt, where the Work is a musical composition or sound recording, the synchronization of the Work in timed-relation with a moving image ("synching") will be considered a Derivative Work for the purpose of this License.

d.     "License Elements" means the following high-level license attributes as selected by Licensor and indicated in the title of this License: Attribution, ShareAlike.

e.     "Licensor" means the individual, individuals, entity or entities that offers the Work under the terms of this License.

f.      "Original Author" means the individual, individuals, entity or entities who created the Work.

g.     "Work" means the copyrightable work of authorship offered under the terms of this License.

h.     "You" means an individual or entity exercising rights under this License who has not previously violated the terms of this License with respect to the Work, or who has received express permission from the Licensor to exercise rights under this License despite a previous violation.

2. Fair Use Rights. Nothing in this license is intended to reduce, limit, or restrict any rights arising from fair use, first sale or other limitations on the exclusive rights of the copyright owner under copyright law or other applicable laws.

3. License Grant. Subject to the terms and conditions of this License, Licensor hereby grants You a worldwide, royalty-free, non-exclusive, perpetual (for the duration of the applicable copyright) license to exercise the rights in the Work as stated below:

a.     to reproduce the Work, to incorporate the Work into one or more Collective Works, and to reproduce the Work as incorporated in the Collective Works;

b.     to create and reproduce Derivative Works provided that any such Derivative Work, including any translation in any medium, takes reasonable steps to clearly label, demarcate or otherwise identify that changes were made to the original Work. For example, a translation could be marked "The original work was translated from English to Spanish," or a modification could indicate "The original work has been modified.";

c.      to distribute copies or phonorecords of, display publicly, perform publicly, and perform publicly by means of a digital audio transmission the Work including as incorporated in Collective Works;

d.     to distribute copies or phonorecords of, display publicly, perform publicly, and perform publicly by means of a digital audio transmission Derivative Works.

e.     For the avoidance of doubt, where the Work is a musical composition:

                       i.        Performance Royalties Under Blanket Licenses. Licensor waives the exclusive right to collect, whether individually or, in the event that Licensor is a member of a performance rights society (e.g. ASCAP, BMI, SESAC), via that society, royalties for the public performance or public digital performance (e.g. webcast) of the Work.

                      ii.        Mechanical Rights and Statutory Royalties. Licensor waives the exclusive right to collect, whether individually or via a music rights agency or designated agent (e.g. Harry Fox Agency), royalties for any phonorecord You create from the Work ("cover version") and distribute, subject to the compulsory license created by 17 USC Section 115 of the US Copyright Act (or the equivalent in other jurisdictions).

f.      Webcasting Rights and Statutory Royalties. For the avoidance of doubt, where the Work is a sound recording, Licensor waives the exclusive right to collect, whether individually or via a performance-rights society (e.g. SoundExchange), royalties for the public digital performance (e.g. webcast) of the Work, subject to the compulsory license created by 17 USC Section 114 of the US Copyright Act (or the equivalent in other jurisdictions).

The above rights may be exercised in all media and formats whether now known or hereafter devised. The above rights include the right to make such modifications as are technically necessary to exercise the rights in other media and formats. All rights not expressly granted by Licensor are hereby reserved.

4. Restrictions. The license granted in Section 3 above is expressly made subject to and limited by the following restrictions:

a.     You may distribute, publicly display, publicly perform, or publicly digitally perform the Work only under the terms of this License, and You must include a copy of, or the Uniform Resource Identifier for, this License with every copy or phonorecord of the Work You distribute, publicly display, publicly perform, or publicly digitally perform. You may not offer or impose any terms on the Work that restrict the terms of this License or the ability of a recipient of the Work to exercise of the rights granted to that recipient under the terms of the License. You may not sublicense the Work. You must keep intact all notices that refer to this License and to the disclaimer of warranties. When You distribute, publicly display, publicly perform, or publicly digitally perform the Work, You may not impose any technological measures on the Work that restrict the ability of a recipient of the Work from You to exercise of the rights granted to that recipient under the terms of the License. This Section 4(a) applies to the Work as incorporated in a Collective Work, but this does not require the Collective Work apart from the Work itself to be made subject to the terms of this License. If You create a Collective Work, upon notice from any Licensor You must, to the extent practicable, remove from the Collective Work any credit as required by Section 4(c), as requested. If You create a Derivative Work, upon notice from any Licensor You must, to the extent practicable, remove from the Derivative Work any credit as required by Section 4(c), as requested.

b.     You may distribute, publicly display, publicly perform, or publicly digitally perform a Derivative Work only under: (i) the terms of this License; (ii) a later version of this License with the same License Elements as this License; (iii) either the Creative Commons (Unported) license or a Creative Commons jurisdiction license (either this or a later license version) that contains the same License Elements as this License (e.g. Attribution-ShareAlike 3.0 (Unported)); (iv) a Creative Commons Compatible License. If you license the Derivative Work under one of the licenses mentioned in (iv), you must comply with the terms of that license. If you license the Derivative Work under the terms of any of the licenses mentioned in (i), (ii) or (iii) (the "Applicable License"), you must comply with the terms of the Applicable License generally and with the following provisions: (I) You must include a copy of, or the Uniform Resource Identifier for, the Applicable License with every copy or phonorecord of each Derivative Work You distribute, publicly display, publicly perform, or publicly digitally perform; (II) You may not offer or impose any terms on the Derivative Works that restrict the terms of the Applicable License or the ability of a recipient of the Work to exercise the rights granted to that recipient under the terms of the Applicable License; (III) You must keep intact all notices that refer to the Applicable License and to the disclaimer of warranties; and, (IV) when You distribute, publicly display, publicly perform, or publicly digitally perform the Work, You may not impose any technological measures on the Derivative Work that restrict the ability of a recipient of the Derivative Work from You to exercise the rights granted to that recipient under the terms of the Applicable License. This Section 4(b) applies to the Derivative Work as incorporated in a Collective Work, but this does not require the Collective Work apart from the Derivative Work itself to be made subject to the terms of the Applicable License.

c.      If You distribute, publicly display, publicly perform, or publicly digitally perform the Work (as defined in Section 1 above) or any Derivative Works (as defined in Section 1 above) or Collective Works (as defined in Section 1 above), You must, unless a request has been made pursuant to Section 4(a), keep intact all copyright notices for the Work and provide, reasonable to the medium or means You are utilizing: (i) the name of the Original Author (or pseudonym, if applicable) if supplied, and/or (ii) if the Original Author and/or Licensor designate another party or parties (e.g. a sponsor institute, publishing entity, journal) for attribution ("Attribution Parties") in Licensor's copyright notice, terms of service or by other reasonable means, the name of such party or parties; the title of the Work if supplied; to the extent reasonably practicable, the Uniform Resource Identifier, if any, that Licensor specifies to be associated with the Work, unless such URI does not refer to the copyright notice or licensing information for the Work; and, consistent with Section 3(b) in the case of a Derivative Work, a credit identifying the use of the Work in the Derivative Work (e.g., "French translation of the Work by Original Author," or "Screenplay based on original Work by Original Author"). The credit required by this Section 4(c) may be implemented in any reasonable manner; provided, however, that in the case of a Derivative Work or Collective Work, at a minimum such credit will appear, if a credit for all contributing authors of the Derivative Work or Collective Work appears, then as part of these credits and in a manner at least as prominent as the credits for the other contributing authors. For the avoidance of doubt, You may only use the credit required by this Section for the purpose of attribution in the manner set out above and, by exercising Your rights under this License, You may not implicitly or explicitly assert or imply any connection with, sponsorship or endorsement by the Original Author, Licensor and/or Attribution Parties, as appropriate, of You or Your use of the Work, without the separate, express prior written permission of the Original Author, Licensor and/or Attribution Parties.

5. Representations, Warranties and Disclaimer

UNLESS OTHERWISE MUTUALLY AGREED TO BY THE PARTIES IN WRITING, LICENSOR OFFERS THE WORK AS-IS AND ONLY TO THE EXTENT OF ANY RIGHTS HELD IN THE LICENSED WORK BY THE LICENSOR. THE LICENSOR MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND CONCERNING THE WORK, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE, MARKETABILITY, MERCHANTIBILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, OR THE ABSENCE OF LATENT OR OTHER DEFECTS, ACCURACY, OR THE PRESENCE OF ABSENCE OF ERRORS, WHETHER OR NOT DISCOVERABLE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO SUCH EXCLUSION MAY NOT APPLY TO YOU.

6. Limitation on Liability. EXCEPT TO THE EXTENT REQUIRED BY APPLICABLE LAW, IN NO EVENT WILL LICENSOR BE LIABLE TO YOU ON ANY LEGAL THEORY FOR ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES ARISING OUT OF THIS LICENSE OR THE USE OF THE WORK, EVEN IF LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

7. Termination

a.     This License and the rights granted hereunder will terminate automatically upon any breach by You of the terms of this License. Individuals or entities who have received Derivative Works or Collective Works from You under this License, however, will not have their licenses terminated provided such individuals or entities remain in full compliance with those licenses. Sections 1, 2, 5, 6, 7, and 8 will survive any termination of this License.

b.     Subject to the above terms and conditions, the license granted here is perpetual (for the duration of the applicable copyright in the Work). Notwithstanding the above, Licensor reserves the right to release the Work under different license terms or to stop distributing the Work at any time; provided, however that any such election will not serve to withdraw this License (or any other license that has been, or is required to be, granted under the terms of this License), and this License will continue in full force and effect unless terminated as stated above.

8. Miscellaneous

a.     Each time You distribute or publicly digitally perform the Work (as defined in Section 1 above) or a Collective Work (as defined in Section 1 above), the Licensor offers to the recipient a license to the Work on the same terms and conditions as the license granted to You under this License.

b.     Each time You distribute or publicly digitally perform a Derivative Work, Licensor offers to the recipient a license to the original Work on the same terms and conditions as the license granted to You under this License.

c.      If any provision of this License is invalid or unenforceable under applicable law, it shall not affect the validity or enforceability of the remainder of the terms of this License, and without further action by the parties to this agreement, such provision shall be reformed to the minimum extent necessary to make such provision valid and enforceable.

d.     No term or provision of this License shall be deemed waived and no breach consented to unless such waiver or consent shall be in writing and signed by the party to be charged with such waiver or consent.

e.     This License constitutes the entire agreement between the parties with respect to the Work licensed here. There are no understandings, agreements or representations with respect to the Work not specified here. Licensor shall not be bound by any additional provisions that may appear in any communication from You. This License may not be modified without the mutual written agreement of the Licensor and You.