PearlDiver User License Agreement
1. Definitions
"Licensee"
Shall mean a person or entity that downloads the PearlDiver Environment which includes one or more widgets to view and use data provided by PearlDiver’s family of databases as well as streaming news and information from Orthopedics This Week and RRY Publications LLC.
"Licensor"
Shall mean the PearlDiver Inc. and RRY Publications LLC.
"PearlDiver Environment"
Shall mean the widgets, the underlying code for each widget, the data and other information that is being supplied by PearlDiver and / or Orthopedics This Week and/or RRY Publications that appears on each licensee’s computer desktop.
"Widget"
Shall mean the graphic interface that resides on each licensee’s computer desktop which either provides articles or other information from RRY Publications or provides the licensee access to PearlDiver’s databases and any third party information or services that are provided by PearlDiver in the PearlDiver environment.
2. Grant of License to User
Subject to the terms of this License Agreement, Licensor grants to Licensee a world-wide, royalty-free, non-exclusive license to use and reproduce, display or print information and news that is derived from the PearlDiver environment.
The license granted under this Section 2 is effective on the date Licensee first downloads the PearlDiver environment to their computer desktop from the Licensor’s website.
4. Notices to Recipients
Licensee may access all data and information provided in the PearlDiver environment only pursuant to the terms of this License Agreement. Licensee may not alter or restrict the code or data or information provided pursuant to this License.
6. Using PearlDiver data for Research and in Published Research Papers
Licensee may use data received from PearlDiver as part of any clinical research project and may further be incorporated into research papers or reports that are being submitted for publication. Licensor grants licensee the rights to use PearlDiver information in published papers provided however that the data is properly attributed to PearlDiver, Inc. And use of PearlDiver or Orhtopedics This Week information in a published or online medium must comply with the requirements of this License Agreement with respect to presenting data without material alteration.
7. DISCLAIMER OF WARRANTIES
THE PEARLDIVER AND ORTHOPEDICS THIS WEEK INFORMATION IS PROVIDED UNDER THIS LICENSE ON AN "AS IS" BASIS, WITHOUT WARRANTY OF ANY KIND, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT. LICENSEE BEARS THE RISK AS TO THE QUALITY AND ACCURACY OF THE DATA AND INFORMATION PROVDIED.
8. LIMITATION OF LIABILITY
LICENSOR SHALL NOT BE LIABLE TO LICENSEE OR ANY THIRD-PARTY RECIPIENT OF THE PEARLDIVER AND ORTHOPEDICS THIS WEEK DATA AND INFORMATION FOR ANY GENERAL, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, SPECIAL, OR OTHER DAMAGES ARISING OUT OF USE OF THE PEARLDIVER OR ORTHOPEDICS THIS WEEK INFORMATION BY LICENSEE OR ANY THIRD-PARTY RECIPIENT.
9. Termination
In the event of a breach of any of the terms and conditions of this Agreement by Licensee, Licensor shall give Licensee written notice of such breach. In the event Licensee does not cure such breach within thirty (30) days, Licensor may immediately terminate this License Agreement, and shall notify Licensee in writing of such termination within five (5) days of such termination.
10. Entire Agreement
This License Agreement represents the complete agreement of Licensor and Licensee concerning subject matter hereof. If any provision of this License is held to be unenforceable, such provision shall be reformed only to the extent necessary to make it enforceable.
12. Choice of Law
This Agreement shall be interpreted in accordance with the federal common law as interpreted by the U.S. District Court for Indiana and its reviewing courts.
13. Indemnity
Licensee agrees to indemnify and hold Licensor harmless from any and all claims, demands, causes of action, damages, judgments and attorney's fees and costs arising from Licensee's using, offering, selling, promoting, or distribution of the data and information provided by PearlDiver and RRY Publications LLC (the publisher of Orthopedics This Week).