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LICENSE AND CONFIDENTIALITY AGREEMENT
IMPORTANT -- READ CAREFULLY: BEFORE ACCESSING THE LICENSED PRODUCT (AS DEFINED BELOW), YOU MUST READ AND FULLY CONSENT TO THIS AGREEMENT. YOUR USE OF THE LICENSED PRODUCT IS GOVERNED BY THIS AGREEMENT AND IS CONTINGENT ON YOUR ACCEPTANCE OF THE AGREEMENT. PLEASE READ THIS AGREEMENT CAREFULLY AND MAKE SURE THAT YOU FULLY UNDERSTAND IT. YOU WILL HAVE THE OPPORTUNITY TO CHOOSE TO ACCEPT OR REJECT THIS AGREEMENT. YOU MAY NOT USE THE LICENSED PRODUCT UNLESS YOU CLICK ON THE "I HAVE READ & ACCEPT" BOX BELOW. This AGREEMENT is an agreement you (either an individual person or a single legal entity, referred to in this AGREEMENT as “You”) are making with Kaiser Foundation Hospitals, Inc. (“KAISER”) for use of the Kaiser’s KPFM Life Cycle Metrics tool (the “Licensed Product”). By accessing, viewing, copying, or otherwise using the Licensed Product, You agree to be bound by the terms of this AGREEMENT. If You do not agree to the terms of this AGREEMENT, do not access, view, copy, or otherwise use the Licensed Product, and You must promptly destroy all copies of the Licensed Product in Your possession. 1. LICENSE. Subject to the terms of this AGREEMENT, KAISER hereby grants to You a non-exclusive, nontransferable, limited, revocable license to use the contents of the Licensed Product solely for performing services for KAISER. Without limiting the foregoing, You are specifically prohibited from using the Licensed Product for personal purposes or performing services for anyone other than KAISER. You may not make copies of the License Product. You may not sublicense the rights granted to You in this AGREEMENT and should direct licensing requests to KAISER. This AGREEMENT shall terminate immediately upon the earlier of completion of your services for KAISER, or any breach or other failure to comply with the terms of this AGREEMENT by You, without prejudice to any other rights KAISER may have. Upon termination of this AGREEMENT, You must destroy all copies of the Licensed Product and any works incorporating or derivative of any portion of the Licensed Product. 2. NO WARRANTY. KAISER PROVIDES THE LICENSED PRODUCT AS IS AND WITH ALL FAULTS AND HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES, DUTIES, OR CONDITIONS OF: MERCHANTABILITY; FITNESS FOR A PARTICULAR PURPOSE; ACCURACY; RESULTS; LACK OF VIRUSES, TROJAN HORSES, DISABLING DEVICES, OR WORMS; OR LACK OF NEGLIGENCE. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS WITH RESPECT TO WARRANTIES OR THE EXCLUSION OR LIMITATION OF LIABILITY, SO CERTAIN SUCH LIMITATIONS IN THIS AGREEMENT MAY NOT APPLY TO THE EXTENT SO NOT ALLOWED. 3. EXCLUSION OF INCIDENTAL, CONSEQUENTIAL, AND CERTAIN OTHER DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS AGREEMENT, IN NO EVENT SHALL KAISER BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF OR INABILITY TO USE THE LICENSED PRODUCT, OR OTHERWISE UNDER OR IN CONNECTION THIS AGREEMENT, EVEN IN THE EVENT OF NEGLIGENCE, STRICT LIABILITY, BREACH OF CONTRACT, OR BREACH OF WARRANTY OF KAISER, AND EVEN IF KAISER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. 4. CONFIDENTIAL INFORMATION. You understand and acknowledge that the Licensed Product represents valuable confidential information of KAISER entitled to protection as a trade secret. You shall keep confidential, and shall protect from unauthorized disclosure, the Licensed Product and all copies or physical embodiments thereof in your possession. You shall use the Licensed Product only for purposes provided for under this Agreement, and shall limit access to the Licensed Product to such individuals as consultants, accountants, and attorneys who require such access in connection with your use thereof as permitted by this AGREEMENT. You shall secure and protect the Licensed Product and any and all copies and other physical embodiments thereof in your possession. 5. INDEMNIFICATION. You shall be responsible for Your use of the Licensed Product. You agree to indemnify, defend, and hold harmless KAISER and its members, owners, officers, directors, employees, and agents from and against any and all losses, expenses, damages, and costs, including attorneys’ fees, arising from or relating to Your use of the Licensed Product. KAISER shall have no obligation to indemnify You. 6. ENTIRE AGREEMENT. This AGREEMENT constitutes the entire agreement between You and KAISER pertaining to the use/license of the License Product, and supersedes all prior or contemporaneous written or oral agreements existing between You and KAISER. Any modifications of this AGREEMENT must be in writing and signed by You and KAISER. 7. MISCELLANEOUS. This AGREEMENT shall be deemed made in the State of California, U.S.A and shall be governed by the laws of California (without regard to its conflicts of law principles) and/or the United States, as applicable. You agree that any legal action between You and KAISER relating to this AGREEMENT will be brought only in a federal or state court sitting in Alameda County, California. Failure by KAISER to enforce any part of this AGREEMENT does not waive that part of the AGREEMENT. KAISER may assign its rights and obligations under this AGREEMENT to any party at any time without notice to You. Upon such assignment, KAISER is relieved of any further obligation under this AGREEMENT. The provisions of this AGREEMENT are severable. If any part of this AGREEMENT is determined to be invalid or unenforceable, the remaining provisions stay in effect. By clicking on “I HAVE READ & ACCEPT,” You indicate Your acceptance of this AGREEMENT without limitation or qualification. By clicking on “I DECLINE,” You will not be allowed to access or use the Licensed Product.
I HAVE READ & ACCEPT
I DECLINE