California HealthCare Foundation
PLEASE READ THE FOLLOWING AGREEMENT CAREFULLY.
You will be requested at the end of this License Agreement (the "Agreement") to indicate your acceptance of these terms and
conditions. By clicking on the "I AGREE" button, you will have accepted and agreed to be bound by these terms and conditions, and you will also have confirmed that you have the authority to agree to be so bound. If YOU DISAGREE WITH the terms and conditions of this Agreement OR DO NOT HAVE AUTHORITY TO SO AGREE, DO NOT SELECT "I AGREE" AT THE BOTTOM OF THE PAGE.
The California HealthCare Foundation ("CHCF"), a nonprofit corporation organized under the laws of the State of California, is the copyright holder of the video program titled "Techniques for Effective Patient Self-Management" ("the Program"). The Program is provided to you subject to the following terms and conditions.
I. Use of the Program.
CHCF hereby grants to you a nonexclusive, revocable, nontransferable right, free of charge to exhibit the Program privately or publicly, make copies of it, and distribute it for legal, noncommercial purposes, subject to the terms and conditions of this Agreement.
(a) You shall not make any modifications to, or derivative works of, the Program.
(b) You shall not remove or alter any of CHCF's copyright notices on the Program, and any copies you make of the Program shall include all such copyright notices.
(c) You shall not charge fees or otherwise commercially exploit the Program, nor permit others to charge fees or commercially exploit the Program.
(d) Any distribution of the Program by you shall be in accordance with the following:
(i) CHCF shall have the sole right to distribute the Program through Internet downloads; you may direct others to CHCF's website to download the Program subject to the terms of this Agreement.
(ii) You may distribute DVDs of the Program supplied by CHCF, provided that such DVDs are in their original packaging with the "shrink-wrap" version of this Agreement intact. Please contact CHCF for information with respect to DVDs.
(iii) Any broadcast of the Program over standard television, nonstandard television, cable, satellite transmission, the Internet, or through any other means of broadcast transmission existing now or in the future, shall require CHCF's prior written consent and shall be in accordance with any other conditions imposed by CHCF.
III. Proprietary Rights.
The Program is solely owned by CHCF and is protected by copyright. You will take all steps necessary to protect CHCF's proprietary rights in the Program, including, but not limited to, the proper display of copyright and trademark on any versions or copies in any form of the Program, including copies stored on CDs, diskettes, hard drives, or other media. Except as stated above, this Agreement does not grant to you any intellectual property rights in the Program.
You agree to defend, indemnify, and hold harmless CHCF, its employees, agents, and contractors, from any claims, demands, lawsuits, liability, damages, losses, cost, or expense, including, without limitation, reasonable attorneys' fees and costs, arising out of your use of the Program, or your acts or omissions.
V. Disclaimer of Warranties.
THE PROGRAM IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. CHCF MAKES NO WARRANTIES REGARDING THE PROGRAM, EITHER EXPRESS OR IMPLIED, AND CHCF EXPRESSLY DISCLAIMS THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, COMPLETENESS, TIMELINESS, CORRECTNESS, TITLE, AND NONINFRINGEMENT FOR THE PROGRAM. CHCF MAKES NO WARRANTY THAT THE PROGRAM WILL MEET YOUR REQUIREMENTS OR THAT IT IS ERROR-FREE.
THE PROGRAM IS NOT INTENDED IN ANY WAY TO BE A SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE. ALWAYS SEEK THE ADVICE OF YOUR PHYSICIAN OR OTHER QUALIFIED HEALTH PROVIDER WITH ANY QUESTIONS YOU MAY HAVE REGARDING A MEDICAL CONDITION. THE PROGRAM IS NOT INTENDED TO BE RELIED UPON FOR MEDICAL DIAGNOSIS OR TREATMENT. NEVER DISREGARD MEDICAL ADVICE OR DELAY IN SEEKING IT BECAUSE OF SOMETHING CONTAINED IN THE PROGRAM! IN AN EMERGENCY, CALL 911 OR YOUR LOCAL EMERGENCY ASSISTANCE NUMBER.
You may terminate this Agreement at any time. CHCF may immediately terminate this Agreement if you breach any representation, covenant, agreement, or obligation contained or referred to in this Agreement. Upon termination, you shall dispose of the Program in your possession, including any and all copies, either by returning such Program and copies to CHCF, or by destroying the same and certifying such destruction in writing. The provisions of Sections III, IV, V, VI, VII, VIII, and IX shall survive termination of this Agreement.
In addition, the terms, conditions, and warranties contained in this Agreement that by their sense and context are intended to survive the performance hereof by the parties hereunder shall so survive the termination of this Agreement.
VII. Limitation of Liability.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW: IN NO EVENT SHALL CHCF BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DIRECT, INCIDENTAL, SPECIAL, INDIRECT, CONSEQUENTIAL DAMAGES, OR LOSS OF PROFITS ARISING OUT OF OR RELATED TO ANY BREACH OF OBLIGATIONS OR ANY OTHER CAUSE, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, BREACH OF CONTRACT, INCOMPLETENESS OR INACCURACIES IN THE PROGRAM, OR FAILURE OF MEDIA UPON WHICH IT IS CONTAINED, EVEN IF CHCF HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSSES OR DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
This Agreement shall inure to the benefit of the parties' successors, administrators, heirs, and assigns. You acknowledge that you have read this Agreement, understand it, and agree to be bound by its terms and conditions. You also agree that this Agreement is the complete and exclusive statement of the agreement between CHCF and you and supersedes all proposals, representations, or prior agreements, oral or written, and any other communications between CHCF and you relating to the subject matter of this Agreement. This Agreement may not be amended, except by an agreement in writing which is signed by authorized representatives of CHCF and you. Waiver of a breach of or right hereunder will not constitute a waiver of any other or subsequent breach or right. If any provision herein shall be held by a court of competent jurisdiction to be contrary to law, that provision shall be changed and interpreted so as to best accomplish the objectives of the original provision to the fullest extent allowed by law, and the remaining provisions herein will remain in full force and effect.
IX. Governing Law and General Provisions.
This Agreement will be governed by the laws of the State of California, USA, excluding the application of its conflicts of law rules. If any part of this Agreement is found void and unenforceable, it will not affect the validity of the balance of the Agreement, which shall remain valid and enforceable according to its terms.