U.S. Public Health Accompaniment Unit Terms and Conditions
PIH may amend these Terms at any time by posting revised Terms on the Website. Any such amendment or revision is effective on the date of posting. Your continued use of the Website and any PIH Materials after the date of such posting shall constitute your agreement to the amended or revised terms.
1. License Grant. Subject to these Terms, you are authorized to access and view the Website and PIH Materials, and PIH hereby grants you a non-exclusive, worldwide, royalty-free, limited, revocable license to use the PIH Materials, for non-commercial purposes, in connection with the design and implementation of contact tracing programs and activities to prevent transmission of COVID-19 and other infectious diseases. Under this license grant, you may do any of the following, in each case for non-commercial purposes only:
(a) reproduce (i.e., copy) the PIH Materials;
(b) share the PIH Materials, in whole or in part, by any means or process, such as reproduction, public display, public performance, distribution, dissemination, communication, or importation;
(c) create and reproduce modified versions of the PIH Materials in order to customize them to your needs to suit your particular use, provided that any such modifications, including any translation in any medium, takes reasonable steps to clearly label, demarcate or otherwise identify the changes that were made to the original PIH Materials. For example, a translation could be marked as follows: "The original work was translated from English to Spanish," or a modification could indicate "The original work has been modified."; and
(d) make any modifications which are technically necessary to exercise the rights in (a) through (c) in other media and formats.
2. Restrictions. The license granted in Section 1 is subject to the following restrictions. Except as expressly permitted under these Terms, you shall not:
(a) sell, lease, rent or distribute the PIH Materials or copies thereof;
(b) permit the PIH Materials to be copied or modified or otherwise used in contravention of any law;
(c) use the PIH Materials to create any derivative works or other works therefrom without the prior written consent of PIH; or
(d) exercise any of the rights granted herein in any manner that is primarily intended for or directed toward commercial or for-profit advantage or private monetary compensation.
3. Attribution. If you share the PIH Materials (including in modified form), you must include any copyright and trademark notices included in the PIH Materials and the following applicable attribution statement:
(a) For PIH Materials that are labeled as © Massachusetts Community Tracing Collaborative and/or the Massachusetts Health Connector:
“© 2020 Masschusetts Community Tracing Collaborative/ Massachusetts Health Connector. This material was developed by Partners In Health for the Massachusetts Community Tracing Collaborative, a project of the Massachusetts COVID-19 Command Center.”
(b) For PIH Materials that are labeled as © Partners In Health:
“© 2020 Partners In Health. All rights reserved.”
4. Reservation of Rights. All rights not expressly granted by PIH in these Terms are reserved by PIH and its licensors. Such reserved rights expressly include, but are not limited to: (a) moral rights, such as the right of integrity; (b) publicity, privacy, and/or other similar personality rights; (c) patent rights; and (d) trademark rights.
5. Updates. PIH may update, improve or amend the PIH Materials and may (but is under no obligation to) make available such updated, improved or amended PIH Materials via the Website free of charge. Any such updated, improved or amended PIH Materials are subject to these Terms and are deemed to be a part of the PIH Materials.
6. Other License Terms. PIH reserves the right to release the PIH Materials under different license terms, including commercial terms, or to stop distributing the PIH Materials at any time. Any such election will not serve to withdraw the license granted under these Terms, which will continue in full force and effect unless terminated as stated herein.
7. Links to Other Websites. From time to time the Website may also include links to other websites. These links are provided for your convenience to provide further information. They do not signify that we endorse the website(s). We have no responsibility for the content of the linked website(s).
8. Intellectual Property Rights. You acknowledge that any and all copyright, trademarks and other intellectual property rights subsisting in or used in connection with the PIH Materials are and shall remain the property of PIH or its licensors, and you shall not at any time (including after termination of the license granted herein) in any way dispute, challenge, or undertake any action directly or indirectly that would be inconsistent with the ownership thereof by PIH or its licensors. You shall not at any time (including after termination of the license granted herein), without the prior written consent of PIH, use or adopt any trademark, trade name, or commercial designation that includes or is similar to or may be mistaken for the whole or any part of any trademark, trade name or commercial designation used by PIH.
9. Termination. PIH may terminate your license to the PIH Materials at any time with or without notice to you. PIH may, at its option, post a notice of termination on the Website, effective as of the date of posting. The termination or expiration of the license granted herein shall not affect the operation of Paragraphs 7, 8, 10, 11, 12 and 13, which shall remain in full force and effect.
10. Warranty Disclaimer. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, PIH OFFERS THE WEBSITE AND PIH MATERIALS “AS-IS” AND MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND CONCERNING THEM, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, OR THE ABSENCE OF LATENT OR OTHER DEFECTS, ACCURACY, OR THE PRESENCE OF ABSENCE OF ERRORS, WHETHER OR NOT DISCOVERABLE.
11. LIMITATION OF LIABILITY. EXCEPT TO THE EXTENT REQUIRED BY APPLICABLE LAW, IN NO EVENT WILL PIH OR ITS LICENSORS BE LIABLE TO YOU UNDER ANY LEGAL THEORY FOR ANY (A) SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES ARISING OUT OF THESE TERMS OR THE USE OF THE WEBSITE OR PIH MATERIALS, EVEN IF PIH OR ITS LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR (B) DIRECT DAMAGES IN EXCESS OF ONE HUNDRED DOLLARS ($100).
12. Indemnity. You agree to fully indemnify and hold harmless PIH and its licensors from and against any third party claims, demands, suits, losses, damages, costs and expenses (including attorneys’ fees and court costs) arising from or relating to your use of the Website or PIH Materials.
13. General. (a) You shall not assign or sub-license any of the rights and obligations under these Terms without the express prior written consent of PIH. Any assignment in contravention of this paragraph will be void. (b) Failure or neglect by PIH to enforce at any time any of the provisions hereof shall not be construed nor shall be deemed to be a waiver of PIH's rights hereunder nor in any way affect the validity of the whole or any part of these Terms nor prejudice PIH's rights to take subsequent action. (c) The headings contained herein are for convenience only and are not intended to be part of or to affect the meaning or interpretation of any of the terms and conditions of these Terms. (d) In the event that any of these terms, conditions or provisions shall be determined by any court of competent jurisdiction to be invalid, unlawful or unenforceable to any extent, such term, condition or provision shall to that extent be severed from the remaining terms, conditions and provisions which shall continue to be valid to the fullest extent permitted by law. (e) These Terms shall be construed in accordance with the laws of the Commonwealth of Massachusetts irrespective of any choice of law provisions. (f) You agree to submit to the exclusive
jurisdiction of Massachusetts state and federal courts with respect to any dispute arising out of these Terms and hereby irrevocably waive, to the fullest extent permitted by applicable law, any objection which you may now or hereafter have to the laying of venue of any such proceeding brought in such a court and any claim that any such proceeding brought in such a court has been brought in an inconvenient forum. You hereby irrevocably waive any and all rights to trial by jury in any legal proceeding arising out of or relating to these Terms. (g) These Terms contain the entire agreement between PIH and you with respect to the Website and PIH Materials and supersede any prior oral or written agreements, understandings, commitments or representations between PIH and you.