Web Site End User License Agreement (“EULA”)
Please read these terms carefully before using this site.
This Web site is provided by Occupational Health Research, a Florida corporation (“OHR”), and may be used for informational purposes only. By using the site or downloading software, images and/or printed materials from the site (the “Materials”), you (referred to herein as “You”, and sometimes “Your”) agree to abide by the terms and EULA provisions set forth in this notice (together, the “Terms”). If you do not agree to abide by these Terms, do not use the site or download Materials from the site.
1. Description of Service
1.1 OHR may provide access to an extensive amount of resources, including, but not limited to, public forums, health and medical content, online tools, calendaring, email, to-do lists, bookmarks, other personalization features, book/publication offerings, and various communication tools (the “Service”). OHR assumes no responsibility or liability for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization data or settings. All such risks shall be borne by you.
2. Limited License and Restrictions
2.1 Limited License. The contents, including but not limited to the Materials, of www.systoc.com, www.ohrhelp.com and www.ohruniversity.com (the "Sites"), are copyrighted by OHR. The Materials on these Sites and any other website owned, operated or controlled by OHR, may not be copied, modified, distributed, republished, uploaded, downloaded, posted or transmitted in any way, without the prior written consent of OHR, with the following exceptions:
(a) Individual users: you may download one copy of the Materials onto your computer for your personal, non-commercial use, provided you do not delete or change any copyright, trademark or other proprietary notices contained in the Materials.
(b) Clinical Management or IT Department users: you may download one copy of the Materials onto your computer or computer network for training or demonstration purposes within the licensed clinic site(s) specified at the time of software license or trial.
Subject to the terms of this Agreement, and the SYSTOC license agreement where applicable, OHR hereby grants You a limited, commercial, non-exclusive, non-sublicensable, non-assignable license to download, install and use the Materials for the sole purpose of commercially using the medical office management applications provided by OHR and any other applications that may be explicitly provided by OHR. This EULA does not, and shall not be deemed or construed to amend, modify, supplant, or supplement any SYSTOC or StolaSystem License Agreement executed by You and OHR, and no part of this EULA shall be incorporated into any such License Agreement, or used in any way, shape, or form to alter, contradict, or construe any provision of such License Agreement. You acknowledge that any such License Agreement is a fully integrated, stand-alone Agreement.
2.2 No Granting of Rights to Third Parties. You will not sell, assign, rent, lease, distribute, export, import, act as an intermediary or provider, or otherwise grant rights to third parties with regard to the OHR Materials, Services, software or any part thereof.
2.3 No Modifications. Modification or use of the Materials other than as permitted above is violative of OHR's intellectual property rights. No other permission is granted to print, copy, reproduce, distribute, transmit, upload, download, store, display in public, alter or modify the Materials, hyperlink other websites to this Site, or to use OHR's trademarks, trade names or copyrighted materials for any reason. You will not undertake, cause, permit or authorize the modification, creation of derivative works, translation, reverse engineering, decompiling, disassembling or hacking of the Materials.
3. Intellectual Property Rights; Copyright and Trademark Information
3.1 Exclusive Ownership. For purposes of this EULA, “intellectual property rights” shall be defined as: (i) designs, trade marks and trade names (whether registered or unregistered), copyright and related rights, database rights, knowhow and confidential information; (ii) all other intellectual property rights and similar or equivalent rights anywhere in the world which currently exist or are recognized in the future; and (iii) applications, extensions and renewals in relation to any such rights (the “IP Rights”). IP Rights in the Materials, the OHR Website, the OHR Online Material and the OHR Promotional Materials are and shall remain the exclusive property of OHR and/or its licensors. Nothing in this Agreement intends to transfer any such IP Rights to, or to vest any such IP Rights in, You. You are only entitled to the limited use of the IP Rights granted to You in this Agreement. You will not take any action to jeopardize, limit or interfere with OHR’s rights. Any unauthorized use of OHR’s IP Rights is a violation of this Agreement as well as a violation of intellectual property laws and treaties, including without limitation copyright laws and trademark laws. All title and IP Rights in and to any third party content that is not contained in the Materials, but may be accessed through use of the Materials, is the property of the respective content owners and may be protected by applicable copyright or other intellectual property laws and treaties.
3.2 Trademarks. Occupational Health Research, SYSTOC, iSYSTOC, Tap2Chart, OHReBill, SYSTOC LabLink, StolaSystem and all other trademarks, unless otherwise noted, are owned or licensed by OHR. All other brand names, product names, or trademarks belong to their respective holders. Images of products displayed on this Site are either the property of, or used with permission by, OHR. The use of any of these images or trademarks by you, or anyone else authorized by or associated with you, is prohibited unless you obtain prior written permission from OHR. Any unauthorized use of the images or trademarks may violate copyright, trademark, privacy, publicity and/or communications laws and regulations and subject you to liability for damages.
3.3 Third-Party Sites. As a convenience to you, OHR may provide, on this Site, links to Web sites operated by other entities. If you use these sites, you will leave this Site. If you decide to visit any linked site, you do so at your own risk and it is your responsibility to take all protective measures to guard against viruses or other destructive elements. OHR makes no warranty or representation regarding, and does not endorse, any linked Web sites or the information appearing thereon or any of the products or services described thereon. Links do not imply that OHR or this Site sponsors, endorses, is affiliated or associated with, or is legally authorized to use any trademark, trade name, logo or copyright symbol displayed in or accessible through the links, or that any linked site is authorized to use any trademark, trade name, logo or copyright symbol of OHR or any of its affiliates.
3.4 External Links to the Site. All links to the Site must be approved in writing by OHR, except that OHR consents to links in which: (i) the link is a text-only link containing only the name "Occupational Health Research”; “SYSTOC"; “iSYSTOC”; “SYSTOC LabLink”; “OHReBILL”; “StolaSystem”; or “tap2chart”; (ii) the link "points" only to www.systoc.com and not to deeper pages; (iii) the link, when activated by a user, displays that page full-screen in a fully operable and navigable browser window and not within a "frame" on the linked website; and (iv) the appearance, position, and other aspects of the link may neither create the false appearance that an entity or its activities or products are associated with or sponsored by OHR nor be such as to damage or dilute the goodwill associated with the name and trademarks of OHR. OHR reserves the right to revoke this consent to link at any time in its sole and absolute discretion.
You are responsible for maintaining the confidentiality of Your user name and password, if any.
4. Term, Termination, Updates
4.1 Term. The Terms will be effective immediately upon Your acceptance as demonstrated by Your continued use of any of the Sites or Services and will remain effective until terminated by OHR as set out below.
4.2 Termination. OHR MAY SUPSEND, TERMINATE, MODIFY, OR DELETE YOUR ACCOUNT AT ANY TIME FOR ANY REASON OR NO REASON, WITH OR WITHOUT NOTICE. By way of explanation, and not in limitation of the foregoing, most such terminations are the result of violations of this EULA, or accounts that are inactive for more than one year.
4.3 Consequences of Termination. Upon termination of this Agreement: (a) all licenses and rights to use the OHR Services, notwithstanding the SYSTOC or StolaSystem license agreement where applicable, shall immediately terminate; (b) You will immediately cease any and all use of the OHR Sites and Services; and (c) You will immediately remove the OHR Materials from all hard drives, servers, networks and other storage media and destroy all copies of the OHR Materials in Your possession or under Your control.
5. Limitation of Damages; Indemnity
5.1 No Warranties. THIS SITE, THE INFORMATION AND MATERIALS ON THE SITE, AND THE SOFTWARE MADE AVAILABLE ON THE SITE, ARE PROVIDED "AS IS" WITH NO WARRANTIES WHATSOEVER; INCLUDING, WITHOUT LIMITATION, WARRANTIES OR CONDITIONS OF QUALITY, PERFORMANCE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR ANY PARTICULAR PURPOSE. SOME JURISDICTIONS DO NOT ALLOW FOR THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
5.2 No Liability. YOU ACKNOWLEDGE AND AGREE THAT OHR, ITS AFFILIATES, ITS LICENSORS AND THE OHR STAFF WILL HAVE NO LIABILITY IN CONNECTION WITH OR ARISING FROM YOUR USE OF, OR INABILITY FOR ANY REASON TO USE OR ACCESS THE MATERIALS, AS SET FORTH BELOW. YOUR ONLY RIGHT OR REMEDY WITH RESPECT TO ANY PROBLEMS OR DISSATISFACTION WITH THE MATERIALS IS TO IMMEDIATELY DEINSTALL AND CEASE USE OF THE MATERIALS. IN NO EVENT SHALL OHR OR ANY OF ITS AFFILIATES OR SUBSIDIARIES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR OTHER DAMAGES (INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF INFORMATION OR PROGRAMS OR OTHER DATA ON YOUR INFORMATION HANDLING SYSTEM) ARISING OUT OF OR RELATED TO THE USE OF, OR THE INABILITY TO USE, THE CONTENT, MATERIALS, AND FUNCTIONS OF THE SITE OR ANY LINKED WEBSITE, EVEN IF OHR IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
5.3 Disclaimer. THE MATERIALS MAY CONTAIN INACCURACIES AND TYPOGRAPHICAL ERRORS. OHR DOES NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE MATERIALS, THE AVAILABILITY OF THE PRODUCTS, OR THE RELIABILITY OF ANY ADVICE, OPINION, STATEMENT OR OTHER INFORMATION DISPLAYED OR DISTRIBUTED THROUGH THE SITE. YOU ACKNOWLEDGE THAT ANY RELIANCE ON ANY SUCH OPINION, ADVICE, STATEMENT, MEMORANDUM, OR INFORMATION SHALL BE AT YOUR SOLE RISK. OHR MAY, BUT SHALL NOT BE REQUIRED TO, UPDATE THE MATERIALS AND/OR CORRECT ANY ERRORS OR OMISSIONS IN ANY PORTION OF ANY OF THE SITES.
5.4 Changes. OHR reserves the right, in its sole discretion, to change, modify, add or remove any portion of these terms and conditions in whole or in part, at any time, without notice. Your continued use of the Site after any changes to these terms and conditions are posted will be considered acceptance of those changes.
OHR may terminate, change, suspend or discontinue any aspect of the OHR Site, including the availability of any features of the Site, at any time. OHR may also impose limits on certain features and services or restrict your access to parts or all of the Site without notice or liability. OHR may terminate the authorization, rights and license given above and, upon such termination, you shall immediately destroy all Materials in your possession or under your control.
6.2 Partial Invalidity. If any provision of the Terms, or any part of a provision, is found by any court or administrative body of competent jurisdiction to be illegal, invalid or unenforceable, and the provision (or part-provision) in question is not of a fundamental nature to the Terms as a whole, the legality, validity or enforceability of the remainder of the Terms (including the remainder of the term which contains the relevant provision) shall not be affected.
6.3 Assignment. You are not allowed to assign the Terms or any rights hereunder. OHR is allowed at its sole discretion to assign the Terms or any rights hereunder to any third party, without giving prior notice.
6.4 International Users and Choice of Law. This Site is controlled, operated and administered by OHR principally from its Maine office. OHR makes no representation that materials at this site are appropriate or available for use at other locations outside of the United States and access to them from territories where their contents are illegal is prohibited. You may not use the Site or export the Materials in violation of U. S. export laws and regulations. If you access this Site from a location outside of the United States, you are responsible for compliance with all local laws. The Terms shall be governed by the laws of the State of Maine, without giving effect to its conflict of laws provisions. Any dispute arising out of or in connection with the Terms or your use of the Site shall be adjudicated exclusively in the state or federal courts of the State of Maine and you hereby consent to the personal jurisdiction and venue of such courts.
YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND UNDERSTAND THE RIGHTS, OBLIGATIONS, TERMS AND CONDITIONS SET FORTH HEREIN. BY CONTINUING TO USE THIS SITE, YOU EXPRESSLY CONSENT TO BE BOUND BY ITS TERMS AND CONDITIONS AND GRANT TO OHR THE RIGHTS SET FORTH HEREIN.