LICENSE.txt

(Version 1.0, Jun 2013)

CIMI

Content: CIMI Reference Model Artifacts

YOU MAY NOT ACCESS, VIEW, DOWNLOAD, USE, COPY, MODIFY OR DISTRIBUTE THIS CONTENT UNTIL YOU HAVE READ AND ACCEPTED THIS LICENSE AGREEMENT.

BY ACCESSING, VIEWING, DOWNLOADING, USING, COPYING, MODIFYING OR DISTRIBUTING ANY OF THE CONTENT (OR AUTHORIZING ANY OTHER PERSON TO DO SO FOR YOU) YOU ACCEPT THIS LICENSE AGREEMENT. IF YOU DO NOT AGREE TO THIS LICENSE AGREEMENT, YOU MUST NOT ACCESS, VIEW, DOWNLOAD, USE, COPY, MODIFY OR DISTRIBUTE ANY OF THIS CONTENT, AND YOU WILL NOT HAVE A LICENSE. IF YOU ACCESS, VIEW, DOWNLOAD, USE, COPY, MODIFY OR DISTRIBUTE ANY OF THIS CONTENT WITHOUT A LICENSE, YOU WILL INFRINGE THE COPYRIGHT AND ANY OTHER INTELLECTUAL PROPERTY IN AND TO THE CONTENT.

1 Content. "Content" means Archetype Definition Language (ADL) files, XML files, and MindMap files -- that are provided in connection with this Agreement. The documentation (if any) included with this Content will also be deemed part of the Content. The Content does not include, and nothing in this Agreement entitles Licensee to, any computer programs or any terminology or CEM models that CIMI elects to withhold or exclude.
2 Ownership. You acknowledge that the copyrights and other intellectual property in the Content are owned by CIMI and/or IHC Health Services, Inc. ("Intermountain"). The copyrights and other intellectual property of CIMI in and to the Content are referred to herein as the "Relevant Intellectual Property." As this term is used in this Agreement, "Relevant Intellectual Property" does not include any other copyrights or intellectual property of CIMI or Intermountain.
3 Licensee. The "Licensee" is the person or entity licensed under and bound by this Agreement.
4 License of Content. Subject to the terms and conditions of this Agreement and Licensee’s compliance therewith, CIMI grants to Licensee a nonexclusive, nontransferable license under the Relevant Intellectual Property to access, view, use, copy, modify, and distribute the Content (the "License"). There is no right to grant sublicenses. Rights not expressly granted in this Agreement are reserved by CIMI.
5 Distribution, Notices and Attributions. Licensee may distribute copies of the Content (in modified or unmodified form) to other persons provided that such other persons shall have no right or license to use, copy, modify or distribute the Content without first agreeing to the same terms and conditions as this License Agreement (and each such other person will become a "Licensee" under a separate Open Content License Agreement with CIMI). Licensee must provide a copy of this License Agreement with each copy of the Content distributed by Licensee to each such other person so that such other person can read and agree to the Open Content License Agreement. Any and all copies of the Content (in modified or unmodified form) that are made or distributed by Licensee must include the following Notices and applicable Attribution:
5.1 Notices. The "Notices" are the copyright notices and any other notices provided by CIMI in, on or with the Content. Licensee must not remove, alter or obscure any such Notices.
5.2 Attributions. For unmodified Content, the "Attribution" reads as follows: "The terminology and CEM models in this distribution were created by CIMI." For modified Content, the Attribution reads as follows: "The terminology and CEM models in this distribution are modified versions of terminology and CEM models originally created by CIMI."
6 Future Versions. This Agreement does not entitle Licensee to any future version or release of the Content from CIMI or Intermountain, but CIMI may, in its sole discretion, elect to make some future versions or releases available to Licensee. Any such future version or release made available by CIMI to Licensee shall be governed by this License Agreement as Content unless CIMI makes the future version or release available under a different agreement (in which case the different agreement will govern).
7 No Support. CIMI has no obligation to provide any maintenance, support, training, or other services to Licensee.
8 No Fees. There are no license fees, royalties or other fees payable by Licensee for this License. Because of this, Licensees agrees that this License Agreement reflects an allocation of risk acceptable to Licensee. Such allocation of risk includes, without limitation, the disclaimer of warranties, the limitations of liability, the indemnities and other protections of CIMI and Intermountain that are set forth in this Agreement.
9 Disclaimer of Warranties. INTERMOUNTAIN AND CIMI MAKE NO WARRANTY EXPRESS, IMPLIED OR STATUTORY. THE CONTENT IS PROVIDED AND ACCEPTED "AS IS" WITHOUT WARRANTY OF ANY KIND. INTERMOUNTAIN DISCLAIMS AND EXCLUDES ALL IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF NONINFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. INTERMOUNTAIN DOES NOT WARRANT THAT THE CONTENT WILL SATISFY LICENSEE'S REQUIREMENTS OR THAT THE CONTENT IS WITHOUT DEFECT OR ERROR. LICENSEE IS SOLELY RESPONSIBLE FOR DETERMINING THE SUITABILITY OF THE CONTENT AND FOR TESTING AND EVALUATING IT BEFORE ANY USE OF OR RELIANCE ON THE CONTENT. LICENSEE ASSUMES ALL RISKS AND LIABILITIES ASSOCIATED WITH THE CONTENT, INCLUDING, WITHOUT LIMITATION, DEFECTS, ERRORS, PRODUCT LIABILITY CLAIMS, THE INFRINGEMENT OF THIRD PARTY RIGHTS OR INTELLECTUAL PROPERTY, AND ANY OTHER PROBLEMS RELATING TO THE CONTENT.
10 Limitation of Liability. THE AGGREGATE LIABILITY OF INTERMOUNTAIN ARISING FROM OR RELATING TO THIS AGREEMENT OR THE CONTENT (REGARDLESS OF THE FORM OF ACTION OR CLAIM - E.G., CONTRACT, WARRANTY, TORT, STRICT LIABILITY, MALPRACTICE, AND/OR OTHERWISE) SHALL NOT EXCEED TEN DOLLARS. INTERMOUNTAIN SHALL NOT IN ANY EVENT BE LIABLE FOR ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL, INDIRECT OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, BUSINESS OPPORTUNITIES, DATA OR COMPUTER PROGRAMS, EVEN IF INTERMOUNTAIN HAS BEEN ADVISED OF THE POSSIBILITY OF ANY OF THE FOREGOING. CIMI IS NOT A PARTY TO THIS AGREEMENT AND WILL HAVE NO OBLIGATION OR LIABILITY TO LICENSEE UNDER THIS AGREEMENT.
11 Indemnification. Licensee shall indemnify CIMI and Intermountain against, and hold them harmless from, any and all claims (including claims by third parties), disputes, litigation, arbitrations, settlements, damages, losses, attorneys’ fees, expenses, and liabilities arising from or relating to any use, copying, modification or distribution of any Content (in its unmodified or modified form) by or for Licensee.
12 Protection of Others. CIMI may extend any of the protections afforded to CIMI under this Agreement, including without limitation, any of the disclaimers, limitations of liability, and indemnifications of Sections 8, 9 and 10 to any of its employees, officers, trustees, directors, representatives, licensors or suppliers or to any of the developers of the Content, for their protection and benefit.
13 Governing Law and Forum. This Agreement shall be governed by the laws ofUnited States of America. Any litigation between Licensee and CIMI concerning this Agreement or the Content shall be conducted exclusively in federal courts.
14 Entire Agreement. This Agreement sets forth the entire agreement between the parties concerning the subject matter of this Agreement and may be amended only in a writing signed by both parties.
15 Conditions of License. The terms of this Agreement are conditions of, and not merely covenants to, the License. Any use, copying, modification, or distribution of any Content in any manner by Licensee that is inconsistent with or in breach of this Agreement will be unlicensed and will be an infringement of copyrights and other intellectual property, in addition to being a breach of contract. This does not limit any remedies or other causes of action that CIMI or Intermountain may have.
16 Termination. The License shall automatically terminate if Licensee breaches this Agreement. Upon termination of the License, Licensee shall erase or destroy all copies of the Content (in modified or unmodified form) within the possession or control of Licensee.
17 Construction. In the construction and interpretation of this Agreement, no rule of strict construction shall apply against or in favor of either Party.