e-hoof.com — E-Learning Material License Agreement
University of Zurich (hereinafter "LICENSOR") provides this material (hereinafter “MATERIAL”) and licenses it to YOU as either an individual (hereinafter “INDIVIDUAL”) or institution (hereinafter “INSTITUTION”).
as an INDIVIDUAL, use the MATERIAL only at a single location at any given time;
as an INSTITUTION, having the MATERIAL only used by employees of the institution which are recognized and authorized by valid Internet Protocol (“IP”) address(es), which YOU are responsible for providing.
LICENSOR grants YOU, subject to the terms and conditions of this Agreement, a non-exclusive, non-transferable license and right to browse and access individual screens and view video components (if any) and listen to audio components (if any) of the MATERIALS.
Prohibition of Certain Uses
Notwithstanding anything to the contrary stated in this Agreement, YOU are not permitted to copy, reproduce, modify, republish, upload, download, post, sell, lease, license, rent, transfer or in any manner distribute or otherwise use or permit others to use any MATERIALS or any copies thereof. Use of the MATERIALS on a computer network, or concurrent use of MATERIALS by others is prohibited. You must not reverse engineer, decompile or disassemble any MATERIALS.
YOU have obtained the right to use and access the MATERIALS for a specific limited period of time, i.e., the subscription period. At the end of this period, YOUR license and YOUR associated rights will expire automatically, unless YOU have renewed the subscription on LICENSOR’s then-current terms. The Agreement and YOUR license to use the MATERIALS will also automatically terminate if YOU fail to comply with any term or condition in this Agreement. In the event this license is terminated, YOU must immediately destroy any copies YOU have made of the MATERIALS and YOU will not be entitled to a refund of any registration, license or other fee paid by YOU to LICENSOR.
No Warranty / Indemnification
THIS MATERIAL IS PROVIDED "AS IS" AND LICENSOR MAKES NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED. BY WAY OF EXAMPLE, BUT WITHOUT LIMITATION, LICENSOR MAKES NO REPRESENTATIONS OR WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF ANY PATENT OR OTHER PROPRIETARY RIGHTS, OR WARRANTIES AS TO THE ACCURACY, COMPLETENESS, CURRENCY OF THE INFORMATION CONTAINED IN THE COURSE MATERIALS, OR WARRANTIES AS TO THE RESULTS OR CONSEQUENCES ATTRIBUTABLE TO THE USE, NON-USE OR APPLICATION OF ANY INFORMATION OR PRACTICE DESCRIBED IN THE MATERIAL OR ANY MATERIAL WHICH CAN BE ACCESSED VIA HYPERLINK OR OTHERWISE THROUGH THE MATERIAL. LICENSOR SHALL NOT BE DEEMED TO BE DISPENSING MEDICAL CARE OR ADVICE THROUGH THE MATERIAL. ANY INFORMATION OR PRACTICE DESCRIBED IN THE MATERIAL SHOULD ONLY BE APPLIED BY A QUALIFIED AND LICENSED PROFESSIONAL IN ACCORDANCE WITH PROFESSIONAL STANDARDS OF CARE USED IN REGARD TO THE UNIQUE CIRCUMSTANCES THAT MAY APPLY IN EACH SITUATION. AS NEW SCIENTIFIC INFORMATION BECOMES AVAILABLE THROUGH BASIC AND CLINICAL RESEARCH, RECOMMENDED TREATMENTS AND DRUG THERAPIES UNDERGO CHANGES. YOU ARE ADVISED ALWAYS TO CHECK PRODUCT INFORMATION (PACKAGE INSERTS) FOR THE CURRENTLY APPLICABLE INSTRUCTIONS AND INFORMATION REGARDING DOSE AND CONTRAINDICATIONS BEFORE ADMINISTERING ANY DRUG. CAUTION IS ESPECIALLY URGED WHEN USING NEW OR INFREQUENTLY ORDERED DRUGS.
IN NO EVENT SHALL LICENSOR BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THE MATERIAL, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
YOU AGREE TO INDEMNIFY AND HOLD LICENSOR AND ITS EMPLOYEES AND THE AUTHORS OF THE MATERIAL HARMLESS WITH RESPECT TO ALL CLAIMS BY THIRD PARTIES ARISING OUT OF YOUR USE OF THE MATERIAL.
LICENSOR may use information YOU provide as part of the registration process to inform YOU of changes or additions to the MATERIAL and/or to send YOU in newsletters.
This Agreement and the license granted herein or any part thereof under this Agreement are not assignable by YOU without the prior written approval of LICENSOR.
Neither party shall use the names or trademarks of the other, its related entities and its employees, or any adaptations thereof, in any advertising, promotional or sales literature without the prior written consent of the party so affected.
Each party is acting as an independent contractor and not as an agent, partner, or joint venture with the other party for any purpose. Neither party shall have any right, power or authority to act or create any obligation, express or implied, on behalf of the other.
This Agreement sets forth the entire Agreement between the parties with respect to the subject matter hereof. No supplement, modification or amendment of this Agreement shall be binding, unless in writing signed by a duly authorized representative of each party to the Agreement.
Should some or several provisions of this Agreement be ineffective or invalid, or should there be an omission in this Agreement, the effectiveness, respectively the validity of the remaining provisions shall not be affected thereby. An ineffective, respectively, invalid provision shall be re-placed by the interpretation of the agreement which comes nearest to the economic meaning and the envisaged economic purpose of the ineffective respectively, invalid provision. The same applies in the case of a contractual gap.
The terms stipulated in this Agreement may not be modified in any way without the mutual consent of the parties in writing.
THIS AGREEMENT SHALL BE GOVERNED BY THE LAWS OF SWITZERLAND. Any dispute arising from or in connection with this Agreement will be finally settled by the courts of Zurich, Switzerland.
This agreement has been prepared in English and German. In the event of any inconsistency, the English version shall apply and be binding upon the parties.