This Contrast Reaction Training End User License Agreement ("Agreement") is made between the University of Washington, a public institution of higher education and an agency of the state of Washington, acting through its Center for Commercialization ("UW") for an individual user ("End User").
Contrast Reaction Training is a web-based fully interactive training program using video case scenarios to teach the proper management of adverse patient reactions to contrast media ("Program").
1. License Grant
1.1. Provided that End User pays the license fee and conforms to the terms and conditions of this Agreement, UW hereby grants, and End User accepts, a limited, non-transferable, non-exclusive license to access, display and perform the Program and print output from the Program, provided such printouts are primarily for End User's use and are not a substantial portion of Program. Any other use including all commercial use requires prior written permission of UW.
1.2. End User may not copy, modify, translate, decompile, disassemble, or reverse engineer the Program or any copy thereof, or transmit the Program or any portion or copy thereof over a non-UW network.
1.3. End User shall gain no ownership in the Program and shall retain in the Program the copyright, trademark, or other notices pertaining to the Program as provided by UW.
1.4. End User shall not distribute, publish, or otherwise transfer or allow to be transferred the copies thereof, in whole or in part, without prior written permission of UW.
1.5. UW reserves the right to modify or make improvements in Program at any time without notice. UW shall endeavor to correct program defects as identified by UW relating to Program's operation.
1.6. No confidential client or patient protected health information is used or exchanged in the Program.
2. Fee, Delivery, and Format
2.1. License fee for rights under this Agreement is USD $65 per person and is due upon End User's execution of this Agreement and credit card payment and is not refundable.
2.2. Upon execution of this Agreement and receipt of license fee, UW will send instructions on how to access the Program to the End User at the email address provided below within 2 business days.
2.3. Access to the Program may be interrupted for maintenance and upgrades to the Program or the server. When possible, the interruptions will be announced in advance. End User understands and agrees that access to the Program and network to which it is attached is subject to interruptions due to factors beyond the control of the UW and that, despite the UW’s best efforts, the server and network to which the Program is attached may not be error free or free from viruses, malicious code or other harmful components.
2.4. UW agrees to provide support by answering electronic or facsimile inquiries from LICENSEE to the Program Contact on an "as-available" basis.
3. Term and Termination
3.1. Access to the Program is for 1 year starting from receipt of End User’s payment of the license fee.
3.2. End User may terminate this Agreement at any time upon written notice to UW.
3.3. UW may terminate this Agreement if End User is in default of any of its obligations set forth herein and fails within 30 days of a written demand for performance to cure such default.
3.4. The provisions under which this Agreement may be terminated will be in addition to any and all other legal remedies which either party may have for the enforcement of any and all terms hereof, and do not in any way limit any other legal remedy such party may have.
3.5. Termination of this Agreement will terminate all rights and licenses granted to End User relating to Program.
4. Warranties and Disclaimers
4.1. Program is intended for healthcare professionals ("Audience") and that Program is not meant to be a substitute for professional judgment. End User is responsible for ensuring the Audience associated with End User's use of the Program is appropriate.
4.2. End User acknowledges that Program is for informational and educational purposes only and is not a substitute for End User's professional judgment. END USER'S RELIANCE UPON PROGRAM IS SOLELY AT END USER'S OWN RISK AND IF END USER USES THE PROGRAM IN THE TRAINING OF OTHERS, END USER ASSUMES THE RESPONSIBILITY AND THE RISK FOR EVERYONE TO WHOM END USER GIVES ACCESS, OR FOR WHOM END USER DISPLAYS OR PERFORMS THE PROGRAM.
4.3. Program is an academic research tool that is experimental in nature and is supplied "AS IS", without obligation by the UW to provide accompanying services or support. The entire risk as to the quality and performance of the Program is with End User.
4.4. UW EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, PERTAINING TO THE MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF PROGRAM OR ANY OTHER MATERIALS OTHERWISE PROVIDED TO END USER UNDER THIS AGREEMENT.
5. Indemnification and Liability
5.1. End User shall indemnify and hold harmless UW and its officers, faculty, employees, students and agents, against any and all claims, suits, losses, damages, costs, fees and expenses resulting from End User's use of Program, including but not limited to any damages. You hereby release UW, its officers, agents, employees, representatives, faculty, and students from all claims relating to the foregoing.