LICENSE. The Harvard Medical School Department of Continuing Education (“HMS DCE”), in consideration of the subscription fee paid by you or your institution, will grant you a non-exclusive, non-transferable license and right to use and access the HMS DCE database, software, and content (the "Licensed Materials") on a single computer (i.e., within a single CPU) at a single location (i.e., at a single operating position) if you agree to the terms of this Agreement as follows:
OWNERSHIP. The Licensed Materials are the sole and exclusive property of HMS DCE (or its parents, subsidiaries, affiliates, or designees) or its suppliers. By indicating that you accept these terms, you do not become the owner of the Licensed Materials, but are entitled to use them according to the terms of this Agreement.
SUBSCRIPTION TERM. You or your institution has obtained the right to use and access the Licensed Materials for a specific limited period of time, i.e., the subscription period, which is three months from the date of registration for individual subscribers or as determined by your institution's enrollment form. At the end of this period, your license or your institution's license and your associated rights will expire automatically, unless you or your institution has renewed its subscription on HMS DCE's then-current terms. The Agreement and your license to use the Licensed Materials will also terminate if you fail to comply with any term or condition in this Agreement.
PERMITTED USES AND PROHIBITIONS. The intellectual property, including without limitation any and all rights under copyright, in the Licensed Materials is owned by HMS DCE. Copying of the Licensed Materials or any part thereof, inclusion in other software, reverse engineering, or modifications are expressly forbidden. No part of the Licensed Materials may be copied for resale or other commercial use, or posted on public bulletin boards, web sites, Internet domains, or online chatrooms.
RESTRICTION AGAINST TRANSFER. You may not sublicense, assign, share, sell, rent, lease, or otherwise transfer your right to use the Licensed Materials.
USE OF PROFESSIONAL JUDGMENT. The editors and authors of HMS DCE have conscientiously and carefully tried to create the identified diagnosis measures, treatment alternatives and drug dosages in HMS DCE that conform to the standards of professional practice that prevailed at the time of publication. While the publisher and Editorial Board make every effort to see that no inaccurate or misleading data, opinion, or statement appear in this CME program, they wish to state that the data and opinions in the articles, Learning Objectives and Questions & Answers herein are the responsibility of the contributor concerned. Accordingly, the publisher, Editorial Board, and their respective employees, officers, and agents accept no liability whatsoever for the consequences of any such inaccurate or misleading data, opinion, or statement. Additionally, standards and practices in medicine change as new data become available and the individual medical professional should consult a variety of sources in making clinical decisions for individual patients. For this reason, only the most current release of HMS DCE should be consulted when information is sought. New updates are issued periodically; do not rely on older versions.
While every effort is made to ensure drug doses and other quantities are presented accurately, readers are advised that new methods and techniques involving drug usage described within this resource should only be followed in conjunction with the drug manufacturer's own published literature. When prescribing medications, the user is advised to check the product information sheet accompanying each drug to verify conditions of use and identify any changes in dosage schedule or contraindications, particularly if the agent to be administered is new, infrequently used or has a narrow therapeutic range. It is the responsibility of the treating physician or other health care professional, relying on independent experience and knowledge of the patient, to determine drug dosages and the best treatment for the patient. This is particularly serious if the agent to be administered is a new one or one that is infrequently used. Because of the uniqueness of each patient and the need to take into account a number of concurrent considerations, the information contained in the Licensed Materials should be used by physicians only as a general guide to determining the best treatment for each patient.
HMS DCE describes basic principles of diagnosis and therapy. The information provided in HMS DCE is no substitute for individual patient assessment based upon the healthcare provider's examination of each patient and consideration of laboratory data and other factors unique to the patient. HMS DCE should be used as a tool to help the user reach diagnostic and treatment decisions, bearing in mind that individual and unique circumstances may lead the user to reach decisions not presented in HMS DCE.
NO WARRANTY. NEITHER HMS DCE NOR ANY OTHER PARTY OR MEDICAL SOCIETY MAKES ANY WARRANTY OR REPRESENTATION, EXPRESSED OR IMPLIED, WITH RESPECT TO THE LICENSED MATERIALS, WHICH ARE LICENSED "AS IS". ALL WARRANTIES ARE EXPRESSLY EXCLUDED AND DISCLAIMED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM COURSE OF DEALING, COURSE OF PERFORMANCE, OR USE OF TRADE. ANY STATEMENTS OR REPRESENTATIONS MADE BY ANY OTHER PERSON OR ENTITY ARE VOID. YOU ASSUME ALL RISK AS TO THE QUALITY, FUNCTION, PERFORMANCE, AND ACCURACY OF THE LICENSED MATERIALS.
LIMITATION OF LIABILITY. IN NO EVENT WILL HMS DCE OR ANY OTHER PARTY WHO HAS BEEN INVOLVED IN THE CREATION, PRODUCTION, PROMOTION OR MARKETING OF THE LICENSED MATERIALS BE LIABLE TO YOU OR ANY OTHER PARTY FOR ANY SPECIAL, INDIRECT, INCIDENTAL, RELIANCE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, INCLUDING LOSS OF DATA OR PROFITS, OR FOR INABILITY TO USE THE LICENSED MATERIALS, EVEN IF HMS DCE OR SUCH OTHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL HMS DCE OR SUCH OTHER PARTY'S LIABILITY FOR ANY DAMAGES OR LOSS TO YOU OR ANY OTHER PARTY EXCEED THE LICENSE FEE YOUR INSTITUTION PAID FOR THE LICENSED MATERIALS.
Some jurisdictions do not allow limitations on how long an implied warranty lasts and some jurisdictions do not allow the exclusion or limitation of special, indirect, incidental, exemplary, or consequential damages, or the limitation of liability to specified amounts, so the above limitation and exclusion may not apply to you if prohibited by applicable law. You may also have other rights which vary from jurisdiction to jurisdiction. You agree that this Agreement shall not be subject to the United Nations Convention on Contracts for the International Sale of Goods.
GENERAL. If any provision of this Agreement is determined to be invalid or unenforceable under any applicable law, it shall be deemed omitted and the remaining provisions shall continue in full force and effect. This Agreement may be modified only in writing authorized by HMS DCE. HMS DCE's waiver of any right shall not constitute a waiver of that or any other right in the future. This Agreement shall be governed by and construed in accordance with the laws and in the state and federal courts of the Commonwealth of Massachusetts, USA. This Agreement constitutes the entire understanding between the parties with respect to the subject matter hereof, and all prior agreements, representations, statements, and undertakings, oral or written, are hereby expressly superseded and canceled.
Should you have any questions regarding this Disclaimer, you may contact HMS DCE at the email address or telephone numbers set forth below.
Department of Continuing Education
Harvard Medical School