IMPORTANT – READ CAREFULLY
General End User License Agreement for the
National Quality Measures for Breast Centers™
This End User License Agreement (the "Agreement") is a legal agreement between you (either an individual or an entity) and the National Consortium of Breast Centers, Inc. ("NCBC") for access to and use of the World Wide Web version (the "Web Version") of the NCBC National Quality Measures for Breast Centers™, which, together with any updates, are referred to collectively as the "Measures" published on the NCBC web site (the "Web Site"). BY CLICKING ON THE "I AGREE" BUTTON BELOW, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS LICENSE AGREEMENT (BELOW). IF YOU DO NOT AGREE WITH THE TERMS OF THIS LICENSE AGREEMENT, CLICK ON THE "I DISAGREE" BUTTON AND DO NOT VIEW, ACCESS OR USE THE WEB VERSION OF THE MEASURES.
You will be asked to complete this web page containing the Agreement each time you seek to access the Measures.
Grant of License
NCBC hereby grants to you a non-transferable, non-exclusive, limited license to access and use the Measures in accordance to the terms set forth in this License Agreement.
You acknowledge that, as between you and NCBC, NCBC is the owner of all right, title and interest in and to the Measures, including, without limitation, all copyrights, trademarks, goodwill, derivative works, and other intellectual property and proprietary rights related thereto. Except for the limited rights expressly enumerated herein, you are not granted any rights relating to copyrights, trade names, trademarks (whether registered or unregistered) or any other rights, franchises or licenses with respect to the Measures or NCBC. You hereby agree that you shall not at any time dispute, challenge, or contest, directly or indirectly, NCBC's right, title and interest in and to the Measures, or assist or aid others to do so.
Restrictions on Use
You may not copy, transfer, reproduce or create derivative works from, any part of the Measures for any reason. You may make and retain file copies of "insubstantial portions" of the Measures solely for your internal purposes only. "Insubstantial portions" means a quantity of data from the Measures that would not reasonably substitute for a copy of the Measures and would not prejudice or diminish NCBC's advantage in licensing the Measures for commercial gain. Notwithstanding the foregoing, you may include insubstantial portions of the Measures and results in materials prepared in the ordinary course of your business. Any such materials shall cite NCBC as the source of the Measures and provide notice of NCBC's copyrights and other proprietary rights, as follows: © National Consortium of Breast Centers, Inc. 2006/2007. You shall provide NCBC with examples of re-distributed materials including any portion of the Measures upon NCBC's reasonable request, but shall not be required to provide confidential information to NCBC. You agree to immediately cease any such re-distribution on receipt of notice from NCBC that, in NCBC's reasonable judgment, such re-distribution involves more than an Insubstantial Portion of the Measures or is otherwise in violation of this Agreement.
NCBC and National Quality measures for Breast Centers are trademarks (the "Marks") of the National Consortium of Breast Centers, Inc. and nothing in this Agreement shall constitute a license with respect to such trademarks. You shall not use the Marks or any confusingly similar Marks for any purpose, including, without limitation, for purposes of marketing or promoting your services, without the prior written approval of NCBC, which approval may be withheld in NCBC's sole discretion. Each approved use of the Marks shall require the independent written approval of NCBC.
Web Site and/or Measures Updates and Corrections
NCBC does not represent or warrant that the Web Site or the Measures are or will be error-free, free of viruses or other harmful components, or that errors or defects will be corrected. NCBC hereby reserves the right make improvements and/or changes to the Web Site, its content, features, functionality and/or to the Measures at any time.
License Agreement Modification
NCBC reserves the right to change the terms of this Agreement at any time Updated versions of this Agreement will appear on this Web Site and are effective immediately. You are responsible for regularly reviewing this Agreement. Continued use of the Web Site or the Web Version of the Measures after any such changes constitutes your assent to be bound by such changes.
Remedies for Violation
NCBC reserves the right to seek all remedies available at law and in equity for violations of this License Agreement, including but not limited to the right to block access from the Web Site or that portion of the Web Site containing the Web Version of the Measures.
General End User Agreement
This Agreement contains the entire agreement between NCBC and you relating to its subject matter. No amendment, change or modification of this Agreement shall be binding on either party unless mutually agreed to by the parties in writing. If any provision of this Agreement is held to be invalid or unenforceable by a court of competent jurisdiction, the validity and enforceability of the remaining provisions shall not be affected thereby. This Agreement will be governed by and construed in accordance with the laws of the State of Indiana without giving any effect to the conflict of law provisions thereof, and each party agrees to submit to personal jurisdiction in the federal and state courts of Indiana and waives any objection to venues in said courts.
The United Nations Conventions of Contracts for the International Sale of goods, the application of which is expressly excluded, will not govern this Agreement. You agree that the Measures will not be shipped, transferred or exported into any country or used in any manner prohibited by the United States Export Administration Act, or any other export laws, restrictions.
This Agreement will terminate automatically upon failure by you to comply with its terms.
Limited Warranty, Disclaimers and Limitation of Damages
The Measures are a statement of consensus of its authors regarding their views of currently accepted breast center quality measures. Any clinician seeking to apply or consult the Measures is expected to use independent medical judgment in the context of individual clinical circumstances to determine any patient's care or treatment.
NCBC MAKES NO WARRANTIES CONCERNING THE MEASURES OR ANY ELECTRONIC DELIVERY MEDIA SUPPLIED BY NCBC, WHICH ARE PROVIDED "AS IS." NCBC DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. NCBC DOES NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE MEASURES AND DOES NOT WARRANT OR GUARANTEE OR MAKE ANY REPRESENTATION REGARDING THE USE OR THE RESULTS OF THE USE OF THE MEASURES. IN NO EVENT SHALL NCBC OR ITS MEMBERS BE LIABLE FOR ANY INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE LICENSE GRANTED UNDER THIS AGREEMENT OR USE OF THE MEASURES INCLUDING, WITHOUT LIMITATION, LOSS OF LIFE, LOSS OF DATA, LOSS OF INCOME OR PROFIT, OR OTHER LOSSES SUSTAINED AS A RESULT OF INJURY TO ANY PERSON, OR LOSS OR DAMAGE TO PROPERTY, OR CLAIMS OF THIRD PARTIES, EVEN IF NCBC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF IMPLIED WARRANTIES OR LIABILITY FOR INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY.
FOR ANY CLAIM YOU MAY HAVE AGAINST NCBC UNDER THIS AGREEMENT, YOUR EXCLUSIVE REMEDY AND NCBC'S ENTIRE LIABILITY SHALL BE TO PROVIDE REPLACEMENT MEASURES TO YOU.
BY CLICKING ON THE "I AGREE" BUTTON (ABOVE), YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, UNDERSTAND IT, AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS.