is a nonprofit organization founded in 1975 with the mission to help people
make better health decisions. More than 100 million times a year people like
you use Healthwise® information to take an active
role in their health.
The best formula for making health decisions
is to combine the most reliable medical facts with your personal feelings. Put
more simply: Medical Information + Your Information = Better Health
Your decisions influence your overall well-being as
well as the quality and cost of your care. By taking an active role in your
health, you are likely to be happier with the care you receive and the results
Read these Healthwise stories to see how Healthwise helps people make better health decisions.
Patricia used the Healthwise Knowledgebase to save her own life.
just finished her Saturday-morning chores when her lungs began burning. She was
sweating and had some numbness in her arms. She drew a bath thinking, "I must
be having a panic attack-I'll be all right if I can just relax."
A few hours later, the 42-year-old still felt like she had "an elephant
sitting on my chest." Patricia canceled her usual horse-riding lesson and took
a nap instead. When she awoke, she felt even worse.
thought: Check the [Healthwise® Knowledgebase on]
the Internet," says Patricia. "I had almost every heart attack symptom
described in the Healthwise® Knowledgebase. I knew I
had to get to the hospital right away!"
Hospital tests confirmed
that Patricia had indeed had a heart attack, and the following Tuesday she had
triple-bypass heart surgery. Today, Patricia is back in the saddle, riding
horses and enjoying life.
You can count on Susan Van Houten-Healthwise medical writer, grandmother, and former ER nurse.
"Helping people like Patricia make important medical
decisions is our sole focus," says Susan Van Houten. "We know our work makes a
difference in people's lives, every day."
The people at
Healthwise are very much like the people who use our information. We're health
care consumers too. We care for our own health and for the health of our kids
and parents. And, we all share a commitment to the Healthwise mission.
Susan is a mother of 6, grandmother of 10, and daughter of her
78-year-old mother. Several people in her family deal with chronic diseases
like hypertension and diabetes. Just like you, she wants health information to
be easy to use for herself and her family.
Unlike many of our
readers, Susan is an expert in developing health information and has been doing
so at Healthwise for 14 years. She is also a nurse who practiced in hospitals
for 25 years, 15 of which were as the director of an emergency room.
"I've seen firsthand how valuable it is for people to have good
information," Susan says. "Helping you make better health decisions is
important to me-and to all of us at Healthwise."
World-class heart doctor Robert Kloner, MD, PhD, is in your corner.
is one of 295 experts who review Healthwise information for accuracy and
currency. He helps us help you make better health decisions on heart-related
Dr. Kloner is known as one of America's leading heart
experts. For the past 30 years Dr. Kloner has taught at medical schools,
participated in major research projects, and contributed to medical journal
articles. He is professor of medicine at the Keck School of Medicine of
University of Southern California. He is also director of research at the Heart
Institute of Good Samaritan Hospital in Los Angeles and an attending
cardiologist at Los Angeles County/University of Southern California Medical
Dr. Kloner previously directed the Cardiac Research
Laboratory at Harvard Medical School. He has also edited 18 authoritative
"Good information is critical to good health and
good health care," says Dr. Kloner. "With easy-to-understand, reliable
information, people can make good decisions. When I hear stories like
Patricia's, I'm especially gratified to be part of the Healthwise review team."
Healthwise benefits from readers' input to keep our content helpful. Send us your comments by contacting your sponsoring organization or by emailing Healthwise at email@example.com. If you contact Healthwise, you can expect a reply within about two weeks.
For answers to your specific health issues, contact your health professional. Or if you think you need care right away, call 911 or other emergency services.
2601 N. Bogus
Last updated: March 2011
Healthwise Medical Review Board
The Healthwise Medical Review
Board is directed by our chief medical officer, Dr. Martin J. Gabica, and
our medical directors, Dr. Adam C. Husney and Dr. Kathleen Romito, all board-certified family medicine physicians. Dr. Catherine Serio provides
leadership on behavioral health issues for all Healthwise products. There is also a panel of board-certified associate medical directors who are involved in the planning and the regular and routine review of
content written by
The Healthwise Medical Review Board also includes more than 200 health professionals and medical specialists who review Healthwise content from a specialist's point of view. Their credentials
include board certification, licensure, and/or registration; academic appointments at leading
medical schools; involvement in research; and publication in
peer-reviewed journals and medical textbooks. Most important, they share the
Healthwise commitment to empowering patients with reliable health information
and building strong patient-provider relationships. This encourages
partnerships in the decision-making process. With input from
these specialists, and with oversight by one of the Medical Directors or Associate Medical Directors, Healthwise medical writers develop health information based on
scientific evidence and current clinical practice.
Before approving reviewers, Healthwise verifies that they have current licenses, registrations, and certifications with state or national agencies. We also verify with bodies that certify in specialty areas, if appropriate. The reviewers must be in good standing with these organizations during the time they review Healthwise content. We check this standing at least every 3 years. In addition, reviewers agree to notify Healthwise immediately if the status of their licenses, registrations, or certifications changes.
physicians and health professionals are members of the Healthwise Medical Review Board:
Healthwise® Knowledgebase Editorial Policy and Processes
The field of medicine changes constantly.
Each day headlines reveal new ways to diagnose, treat, or prevent health problems. Through a comprehensive topic development process, the
Healthwise® Knowledgebase content is regularly updated to keep pace with the changes in medicine and medical practice.
Healthwise develops content through the collaborative efforts of content and
medical teams using a comprehensive research and review process.
The Healthwise content team includes full-time professional
medical researchers, writers, and editors who have extensive experience in
scientific research and medical writing. They work closely with members of the
Healthwise medical team, including the chief medical officer, the medical
director, the associate medical directors, and the Healthwise Medical
The Healthwise Medical Review Board includes more than 220 health professionals and medical specialists who review Healthwise content from a specialist's point of view. Their credentials include board certification, licensure/registration and/or certification, academic appointments at leading medical schools, involvement in research, and publication in peer-reviewed journals and medical textbooks. Most important, they share the Healthwise commitment to empowering patients with reliable health information and building strong patient-provider relationships.
Healthwise content starts with evidence-based information. Content team members are experts at presenting
balanced, unbiased perspectives without influence from commercial interests.
Our Conflict of Interest policy enforces our editorial integrity: "All Healthwise personnel should avoid situations where their personal
interests could conflict, or reasonably appear to conflict, with the interests
of Healthwise. In this regard, personnel must avoid any outside financial
interest that might influence, or appear to influence, their corporate
decisions or actions."
Topic Development Process
There are four primary
steps in the development process: planning, research, writing, and
Writers, editors, and associate medical
directors work together to plan the topic.
Medical librarians develop a research packet for each topic based on extensive research and evaluation of biomedical literature. Research packets include evidence-based journal and database search results, gold standard textbook chapters, guideline statements, and outcome studies, as well as consumer health information.
Writing and review cycles include
collaboration among medical directors and other clinicians. Writers and editors also collaborate to ensure that the content is in plain language, follows literacy standards, and meets user-centered learning theory and behavior-change principles.
An associate medical director and at least one
specialist review topics during the development process. They ensure accuracy and consistency
with current practice standards and identify areas of important development.
These independent medical reviewers ensure that
Healthwise® Knowledgebase topics contain accurate,
New Topic Development
Healthwise selects new topics on
the basis of several criteria, including requests from consumers and
organizations using the Healthwise® Knowledgebase,
prevalence of the condition, and the potential of shared decision-making for consumers who have the condition.
Healthwise updates topics when warranted
by changes in medical practice. The content and medical teams
continually review medical news sources and journals so they can quickly identify
changes that affect the practice of medicine. When important changes occur,
we update topics and include them in the next quarterly release of the
Healthwise® Knowledgebase. In addition,
Healthwise reviews and updates topics on a regular basis.
Organizations and people using the
Healthwise® Knowledgebase may suggest changes or
additions to topics. Healthwise considers these recommendations during the topic
development process and includes them in our updates if they meet our standard
criteria and pass the medical review process. If a suggested change applies
only to a particular sponsoring organization's readers, and if it passes
medical review, then we may make the change for that organization's customized version
of the Healthwise® Knowledgebase. Any change to
the Healthwise® Knowledgebase must first pass
The last revised date is at the bottom
of every topic page and in the credits section of each topic.
Citing the Evidence
The Healthwise® Knowledgebase contains thousands of unique references to help readers find more information on topics. Our processes and policies ensure that entry points of content give readers reasonable access to references. We include citations that:
Support statistics, particularly those that play a key role in decision making.
Support outcomes, effectiveness, or risk data.
Identify testing or treatment recommendations or guidelines.
Support prevalence data.
Also, for all self-assessment or risk analysis tools in the Healthwise® Knowledgebase, we provide information that describes the source of the tool, the scientific basis for the tool, how the tool is maintained on the website, the evaluation process, and the last revised date.
Content Written by Third
Cerner Multum, Inc., Drug Reference (not included in all systems)
The drug reference
included in the Healthwise® Knowledgebase is
provided by Cerner Multum, Inc., of Denver, Colorado.
Multum updates daily. New information is incorporated
into a database as soon as it appears in the literature or in product labeling.
Doctors and pharmacists review the new information and make any necessary
changes. Multum conducts weekly Current Content searches on all of its drugs, and it surveys all key periodicals. All leaflets are reviewed by one or
more practicing clinical specialists. Healthwise receives monthly updates from
Multum. The updates are included in the quarterly releases of the
Interest Policy: Multum's content is authored by full-time associates with no
affiliations with drug companies. Consultants who work with the information in
other capacities are required to have no conflicts of interest.
The date of the last update is at the end of each topic.
National Cancer Institute (NCI) Topics
NCI Physician Data Query (PDQ®) topics in the
Healthwise® Knowledgebase are provided by the
National Cancer Institute, National Institutes of Health, Public Health
Service, Department of Health and Human Services.
All PDQ cancer
information summaries are peer-reviewed and updated monthly by six editorial
boards of oncology specialists in adult treatment, pediatric treatment,
supportive care, complementary and alternative medicine, screening, prevention,
and cancer genetics. They review current literature from more than 70
biomedical journals, evaluate its relevance, and synthesize it into concise,
clear summaries. Healthwise receives monthly updates from the National Cancer
Institute. The updates are included in the quarterly releases of the
Interest Policy: PDQ Editorial Board members are selected by the
editor-in-chief of each board. Potential biases or conflicts of interest are
discussed as part of the selection process.
The date of the last
update is at the end of each topic.
National Organization for Rare Disorders, Inc. (NORD)
Organization for Rare Disorders, Inc., of Danbury, Connecticut, provides topics
on rare diseases for the Healthwise®
The NORD topics are updated on an ongoing basis as
new information. In addition, all
topics are periodically reviewed to ensure that all information remains current
and accurate. Healthwise receives quarterly updates from NORD. The updates are
included in the quarterly releases of the
Interest Policy: NORD uses independent sources such as the National Institutes
of Health and U.S. Food and Drug Administration for its information on standard
and investigational therapies. It does not rely on commercial sources for
anything other than brief notices that clinical trials are in progress.
NORD does not ask researchers at academic institutions directly involved in
studies of particular therapeutics to provide or review information related to
treatment of the disease in question. When a report is written by a physician
or other medical professional rather than by one of NORD's own writers, NORD
has it reviewed by an MD or PhD with appropriate expertise at a different
institution. To obtain input from more than one medical perspective, NORD does
not allow a report to be reviewed by someone who has participated in research
or clinical activities with the author of the report. NORD's staff regularly
reviews several medical journals and, if any discrepancies in opinion related
to information in a report are found, members of the Medical Advisory Committee
The date of the last update is at the end
of each topic.
American Self-Help Clearinghouse Information
The American Self-Help Group Clearinghouse, of
Cedar Knolls, New Jersey, provides information on self-help groups.
Healthwise receives semiannual updates from the American Self-Help
Clearinghouse. The updates are included in the quarterly releases of the
Healthwise® Knowledgebase. The content verification
date is at the end of each listing.
Headquartered in Portland, Oregon,
Healthnotes, Inc., dba AISLE7 is the premier provider of reliable, easy-to-use
health, food, and lifestyle information.
Each year AISLE7 reviews
tens of thousands of articles and more than 600 medical and scientific journals
to ensure that the content stays current, factual, and balanced. Citations
identify the source, the authors, and where and when the information was first
published. The AISLE7 editorial team includes medical doctors, pharmacists,
chiropractors, naturopaths, and dietitians. The Medical Advisory Board includes
medical doctors and experts affiliated with leading medical schools, such as
the Robert Wood Johnson Medical School.
Healthwise receives quarterly updates from AISLE7. The updates are included in the quarterly
releases of the Healthwise®Knowledgebase.
The date of the last review is at the end of each topic.
Last updated: February 2011
Healthwise Quality Standards
Healthwise is committed
to providing consumers with high-quality health information so that they can
make wise health decisions in partnership with their doctors. We adhere to the
We will create health information that is in
the consumer's best interest.
We will not allow commercial
interests to determine our content.
We pledge to protect the
privacy of individuals using our website.
We provide referenced,
frequently updated, evidence-based health information.
Healthwise ensures compliance with these principles through
internal review and URAC accreditation.
updated: May 2009
Date adopted: May 2005
Healthwise helps people make better health decisions. Healthwise is committed to respecting the privacy of individuals. Healthwise collects usage information to improve the usefulness of our products. The collected information is not personal; it is anonymous and does not identify individuals. Healthwise uses only aggregate information for reporting and improving performance. Healthwise may choose a third-party service to collect and maintain this site usage information. Healthwise may disclose this aggregate information to some organizations when required by law or to comply with legal processes. Healthwise does not release, trade, or sell any individual-identifying information about usage of a Healthwise product to people or organizations outside of Healthwise. Healthwise products may have the look and feel of a sponsoring organization's website. However, the Healthwise product you are using is hosted on servers of Healthwise. All Healthwise information can be identified by the Healthwise logo that is visible at the bottom of each health topic. Consumers should review the privacy policies of the sponsoring organization's website.
Cookies and Web Beacons
Additional Privacy Issues
All of the usage information that Healthwise collects is securely stored and is protected against unauthorized use. This information is stored on servers protected by physical and network security, including keys, access codes, and passwords. Access to the servers is restricted to authorized personnel who are trained on security policy and processes. Independent companies perform annual security audits. Healthwise has the right to update this policy at any time without notice. If this policy changes, the "Date last updated" at the bottom of this page will change. If you have any privacy issues regarding any Healthwise product, please contact your sponsoring organization or e-mail Healthwise at firstname.lastname@example.org. If you contact Healthwise about any privacy issues, you can expect a response from Healthwise in approximately 10 days. Please do not send any personal health information to Healthwise.
2601 N. Bogus Basin Road
Last updated: October 22, 2009
Healthwise Advertising Policy
Healthwise does not
include advertisements in the Healthwise®
Knowledgebase; however, sponsoring organizations may include advertisements
outside but adjacent to Healthwise® Knowledgebase
content. These advertisements may have been selected based upon the specific
topic being viewed. Advertisements are controlled by the sponsoring
organization. For more information, check the advertisement policy of the
Last updated: August
Date adopted: August 2000
Healthwise Ownership and Funding Disclosure
Healthwise is committed to producing quality health information for
consumers so that they can make wise decisions with their doctors. Healthwise
health information is not determined by commercial interests.
Healthwise is a 501(C)(3) nonprofit organization.
Healthwise receives revenue from the following sources:
Sale of self-care guides
of health content and software products to hospitals, health plans, employers,
health websites and other organizations. Healthwise may receive revenue based
on advertising and e-commerce revenue that is generated on our clients' websites.
Grants from foundations and government
Other sources that account for minimal revenues
Last updated: August 2007
adopted: August 2000
You or your employer might have licensed the product directly from Healthwise or through a Healthwise reseller ("Client User"), or you might be a consumer, patient, or other individual receiving access to the product from a Client User ("End User"). These Terms apply to you regardless of whether you are an End User or a Client User.
1. GENERAL TERMS
Not Medical Advice This product is for informational purposes only. This information does not replace professional medical advice, diagnosis, or treatment. If you have questions regarding a medical condition, always seek the advice of your physician or other qualified health professional. Developments in medical research may impact this information. If you think you may have a medical emergency, call your doctor or 911 immediately.
Use of Product You agree that the product contains proprietary content, information and/or materials that are owned by Healthwise and/or its third-party suppliers and is protected by applicable intellectual property laws, including without limitation copyrights. You agree that you will not use the proprietary content, information, or materials in any way whatsoever except for the permitted use consistent with these Terms and/or any Product License Agreement (as defined below). No portion of the product may be reproduced, reverse engineered, decompiled or disassembled, and you further agree not to modify, rent, lease, loan, sell, distribute, create derivative works based on the product, or exploit the products in any unauthorized way whatsoever.
Use of Content This information is protected by copyright under United States and foreign laws. Title to this information remains with Healthwise or its suppliers. No copyright statements, trademarks, disclaimers, notices or credits contained on or in the product/information shall be altered, disabled or deleted. Content may be downloaded for personal use only. Content shall not be downloaded, republished, retransmitted, translated, or reproduced except as expressly permitted by these Terms. Any use of the product/this information not expressly permitted by these Terms is a breach and may violate copyright, trademark, and other laws. All rights not expressly granted herein are reserved to Healthwise and its suppliers.
Illustrative Purposes Images, pictures and/or videos are used for illustrative purposes only and any person depicted or voice heard therein may be that of a model.
Liability Limitation The use of this product is at your own risk. This product (including this information and any software) is provided solely on an "as is" basis. HEALTHWISE AND OUR SUPPLIERS, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIM ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD-PARTIES' RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE. Without limiting this disclaimer, Healthwise and our suppliers also make no representations or warranties (written or oral) about the accuracy, reliability, completeness, or timeliness of this information. In no event shall Healthwise, our suppliers, or any other third parties mentioned in this information be liable for any damages (including, without limitation, incidental and consequential damages, personal injury/wrongful death, lost profits, or damages resulting from lost data or business interruption) resulting from the use of, misuse of, or inability to use this information, whether based on warranty, contract, tort, or any other legal theory, and whether advised of the possibility of such damages.
Indemnity You agree to defend, indemnify, and hold Healthwise, its officers, directors, employees, agents, and suppliers harmless from and against any claims, actions or demands, liabilities, and settlements, including without limitation, reasonable legal fees resulting from, or alleged to result from, your use or misuse of the product. If you access the product from outside the United States, you do so at your own risk and are responsible to comply with the laws of your jurisdiction.
Jurisdiction You expressly agree that exclusive jurisdiction for any dispute relating to your use of this product resides in the courts of the State of Idaho governed by the substantive laws of the State of Idaho, without respect to its conflict of laws principles. If any provision of these Terms is found to be invalid by any court having competent jurisdiction, the invalidity of that provision shall not affect the validity of the remaining provisions, which shall remain in full force. If the liability limitation is so deemed invalid, Healthwise, our suppliers, or any third parties mentioned in the product shall be liable only to the extent of actual damages incurred by you, not to exceed U.S. $2,500. No waiver of any of these Terms shall be deemed a further or continuing waiver.
Claims Any claims arising from your use of this product must be brought within one year from the date of the event giving rise to the action occurred. Remedies under these Terms are exclusive and are limited to those expressly provided for in these Terms.
e-fulfillment The product may provide certain features and functionality allowing for the electronic fulfillment of prescribed patient education materials ("e-fulfillment"). You represent and warrant that your use of e-fulfillment including any User Supplied Content (as defined below) is in compliance with these Terms. You further represent and warrant that you will not use e-fulfillment in any way (a) that would potentially transmit any computer viruses, worms, trojan horses or other malware, or programming routines intended to damage the product or any other technology; (b) to harass, abuse, stalk, threaten, defame or otherwise infringe or violate the rights of any other party; (c) that infringes, misappropriates, or violates any intellectual property or other rights of any third party; (d) violates any applicable law, regulation or ordinance. You are responsible for any information or message content you provide with respect to e-fulfillment ("User Supplied Content"). Healthwise and its suppliers will not be responsible or liable for the deletion of any User Supplied Content. You are responsible for maintaining your own back-up of any such User Supplied Content. Healthwise may take remedial action if any User Supplied Content violates these Terms, however nothing herein shall create any obligation upon Healthwise or its suppliers to review or monitor the User Supplied Content. You hereby grant to Healthwise and its applicable third-party suppliers all necessary rights and licenses in and to the User Supplied Content as necessary for Healthwise and its third-party suppliers to provide you e-fulfillment. You represent and warrant that you have all rights, title, and/or authority necessary to agree to grant the foregoing license.
Miscellaneous These Terms supersede any other discussions, oral or written, except if you have entered into and signed a separate, valid and existing license agreement with Healthwise ("Product License Agreement") in which case that Product License Agreement shall govern to the extent of any inconsistency or conflict between these Terms and that Product License Agreement. These Terms, along with any Product License Agreement (in the event that you have entered into any such Product License Agreement separate and apart from this) constitute the complete understanding between you and Healthwise regarding the access and use of this Product.
2. THIRD PARTY CONTENT OR TECHNOLOGY LICENSES Information from suppliers for content and/or technology may be included with the product depending on the product you have licensed. Certain Healthwise third-party suppliers may be considered a third-party beneficiary to these Terms with regard to its respective content and/or technology provided with the product and will have all rights necessary to enforce these Terms in the event of a breach.
In the event that any of the following third-party content and/or technology is included with the product, then the terms and conditions listed below will also apply to your use of the product.
A. POTENTIAL THIRD PARTY CONTENT
Self-Help Clearinghouse By retrieving and/or utilizing information from the American Self-Help Clearinghouse database, you agree to hold harmless American Self-Help Clearinghouse, its owners, and employees from any and all liability arising directly or indirectly from your use of information contained in the database. You be the judge. The Self-Help Clearinghouse does not evaluate or rate the individual self-help groups, which are contained in the database. Therefore, Self-Help Clearinghouse's listing of a self-help group does not constitute an endorsement of that group. Neither does omission signify disapproval. We include groups in our database based upon a report of their organizations as being focused upon no-fee mutual aid; i.e., members helping one another. The use of any information is entirely the responsibility of the reader. You are the ultimate judge in deciding whether the group is appropriate to your needs. You can send for and review literature or call the phone contact. Self-help means more control, and more responsibility, in your hands.
The National Cancer Institute Healthwise has an agreement with The National Cancer Institute ("NCI") for the use of the Physician Data Query (PDQ®) data files ("NCI Content") in which the following provisions must be met. You shall accommodate these provisions in its use of the Healthwise material.
i. PDQ is a registered trademark of the NCI and must be so referenced in all published material pertaining to PDQ files. The PDQ name must always be used in any public reference to the data files. Healthwise shall include the Software and you shall not alter or delete the notice making users aware at the point of initially entering the PDQ files that the source of the data provided is the NCI's PDQ files.
ii. Healthwise shall include the Software and you shall not alter or delete the following use restrictions (and any updates thereto) in the User License Agreement document and in all updated versions thereof and online in the system "help" message for use restrictions: "Some material in Physician Data Query (PDQ®) is from copyrighted publications of the respective copyright claimants. Users of PDQ are referred to the publication data appearing in the bibliographic citations, as well as to the copyright notices appearing in the original publication, all of which are hereby incorporated by reference."
iii. You agree that, because use of the PDQ data for insurance reimbursement decisions is contrary to the nature of the database, which is designed as a research tool and not to reflect possible treatment options, you are not to use it for reimbursement decision purposes.
The information in the NCI content may have changed since it was written. For the most current information, contact the National Cancer Institute via the Internet web site at http://cancer.gov or call 1-800-4-CANCER.
NORD's Rare Disease Database The information provided in this report is not intended for diagnostic purposes. It is provided for information purposes only. This information is presented for further understanding that could lead to the prevention, treatment, and/or cure of rare disorders. NORD recommends that affected individuals seek the advice or counsel of his or her own personal physician(s). It is possible that the title of the topic is not the name you selected. Please check the SYNONYMS listing to find the alternate name(s) and disorder subdivision(s) covered by this report. The disease entry is based upon medical information available through the date at the end of the topic. Since NORD's resources are limited, it is not possible to keep every entry in the Rare Disease Database completely current and accurate. Please check with the agencies listed in the Resources section for the most current information about the disorder.
NORD is a private charity. This information is meant to assist patients, their families, educators and health care providers in the understanding, possible prevention, treatment and/or cure of rare disorders. We advise you also to check the "Synonyms" listing to find alternate name(s) and disorder subdivision(s), and with the agencies listed in the "Resources" section for the most current information about this disorder.
Last updated: July 30, 2013
Multum End-User License Agreement
The third party drug information (the "Service"), that may be included in the Healthwise products is for use by United States and Canadian residents only. The Service is a service provided to you by Cerner Multum ("Multum"). The Service and the Healthwise products are separate products provided by separate entities. Every effort has been made to ensure that the information provided in the Service is accurate, up-to-date, and complete, but no guarantee is made to that effect. In addition, the drug information contained herein may be time sensitive. The Service does not endorse drugs, diagnose patients, or recommend therapy. The Service is an informational resource designed to assist licensed healthcare practitioners in caring for their patients and provide consumers with drug specific information. Healthcare practitioners should use their professional judgment in using the information provided. The Service is not a substitute for the care provided by licensed healthcare practitioners and consumers are urged to consult with their healthcare practitioner in all instances. The absence of a warning for a given drug or drug combination in no way should be construed to indicate that the drug or drug combination is safe, effective or appropriate for any given patient. Multum does not assume any responsibility for any aspect of healthcare administered with the aid of information the Service provides.
Disclaimer of Warranties
THE END-USER ACKNOWLEDGES THAT THE SERVICE IS PROVIDED ON AN "AS IS" BASIS. EXCEPT FOR WARRANTIES WHICH MAY NOT BE DISCLAIMED AS A MATTER OF LAW, MULTUM MAKES NO REPRESENTATIONS OR WARRANTIES WHATSOEVER, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO REPRESENTATIONS OR WARRANTIES REGARDING THE ACCURACY OR NATURE OF THE CONTENT OF THE SERVICE, WARRANTIES OF TITLE, NONINFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. The END-USER acknowledges that updates to the Service are at the sole discretion of Multum. Multum makes no representations or warranties whatsoever, express or implied, with respect to the compatibility of the Service, or future releases thereof, with any computer hardware or software, nor does Multum represent or warrant the continuity of the features or the facilities provided by or through the Service as between various releases thereof. Any warranties expressly provided herein do not apply if: (i) the END-USER alters, mishandles or improperly uses, stores or installs all, or any part, of the Service, (ii) the END-USER uses, stores or installs the Service on a computer system which fails to meet the specifications provided by Multum, or (iii) the breach of warranty arises out of or in connection with acts or omissions of persons other than Multum.
Assumption of Risk, Disclaimer of Liability, Indemnity
THE END-USER ASSUMES ALL RISK FOR SELECTION AND USE OF THE SERVICE AND CONTENT PROVIDED THEREON. MULTUM SHALL NOT BE RESPONSIBLE FOR ANY ERRORS, MISSTATEMENTS, INACCURACIES OR OMISSIONS REGARDING CONTENT DELIVERED THROUGH THE SERVICE OR ANY DELAYS IN OR INTERRUPTIONS OF SUCH DELIVERY. THE END-USER ACKNOWLEDGES THAT MULTUM: (A) HAS NO CONTROL OF OR RESPONSIBILITY FOR THE END-USER'S USE OF THE SERVICE OR CONTENT PROVIDED THEREON, (B) HAS NO KNOWLEDGE OF THE SPECIFIC OR UNIQUE CIRCUMSTANCES UNDER WHICH THE SERVICE OR CONTENT PROVIDED THEREON MAY BE USED BY THE END-USER, (C) UNDERTAKES NO OBLIGATION TO SUPPLEMENT OR UPDATE CONTENT OF THE SERVICE, AND (D) HAS NO LIABILITY TO ANY PERSON FOR ANY DATA OR INFORMATION INPUT ON THE SERVICE BY THE END-USER TO THE SERVICE. MULTUM SHALL NOT BE LIABLE TO ANY PERSON (INCLUDING BUT NOT LIMITED TO THE END-USER AND PERSONS TREATED BY OR ON BEHALF OF THE END-USER) FOR, AND THE END-USER AGREES TO INDEMNIFY AND HOLD MULTUM HARMLESS FROM ANY CLAIMS, LAWSUITS, PROCEEDINGS, COSTS, ATTORNEY'S FEES, DAMAGES OR OTHER LOSSES (COLLECTIVELY, "LOSSES") ARISING OUT OF OR RELATING TO (A) THE END-USER'S USE OF THE SERVICE OR CONTENT PROVIDED THEREON OR ANY EQUIPMENT FURNISHED IN CONNECTION THEREWITH AND (B) ANY DATA OR INFORMATION INPUT ON THE SERVICE BY END-USER, IN ALL CASES INCLUDING BUT NOT LIMITED TO LOSSES FOR TORT, PERSONAL INJURY, MEDICAL MALPRACTICE OR PRODUCT LIABILITY. FURTHER, WITHOUT LIMITING THE FOREGOING, IN NO EVENT SHALL MULTUM BE LIABLE FOR ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR INDIRECT DAMAGES, INCLUDING DAMAGES FOR LOSS OF PROFITS, LOSS OF BUSINESS, OR DOWN TIME, EVEN IF MULTUM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE INFORMATION CONTAINED WITHIN THE SERVICE HAS BEEN DEVELOPED FOR USE BY PHYSICIANS AND OTHER HEALTHCARE PROFESSIONALS WHO RELY ON THEIR CLINICAL DISCRETION AND JUDGMENT IN DIAGNOSIS AND TREATMENT. THE INFORMATION CONTAINED WITHIN THE SERVICE IS NOT INTENDED TO BE A SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS OR TREATMENT. AS BETWEEN THE END-USER AND MULTUM, THE END-USER HEREBY ASSUMES FULL RESPONSIBILITY FOR INSURING THE APPROPRIATENESS OF USING AND RELYING UPON THE INFORMATION IN VIEW OF ALL ATTENDANT CIRCUMSTANCES, INDICATIONS, AND CONTRAINDICATIONS.
Liability of Multum to the END-USERS
Under no circumstances shall Multum be liable to the END-USER or any other person for any direct, indirect, exemplary, special or consequential damages arising out of or relating to the END-USER's use of or inability to use the Service or the content of the Service provided thereon or any equipment furnished in connection therewith. Multum's total liabilities in connection with this Agreement, whether arising under contract or otherwise, are limited to the fees received by Multum under this Agreement specifically relating to the END-USER's service or product which is the subject of the claim.
Last updated: March 2011
This content is designed to offer you general health information for educational purposes only. The health information furnished on this site and the interactive responses are not intended to be professional advice and are not intended to replace personal consultation with a qualified physician, pharmacist or other healthcare professional. You must always seek the advice of a healthcare professional for questions related to your condition, symptoms, and appropriate treatments. If you have or suspect that you have a medical problem or condition, please contact a qualified healthcare provider immediately. You should never disregard medical advice or delay in seeking it because of something you have read on this site.
We do not make any warranty that the content on this site satisfies government regulations requiring disclosure of information on prescription drug products. The content was developed for use in the United States, and neither we nor our content providers make any representation concerning the content when used in any other country. While information on this site has been obtained from sources believed to be reliable, neither we nor our content providers warrant the accuracy of the drug information contained on this site.
The drug information contained on this site is not exhaustive and is not intended to cover all possible uses, precautions, interactions or adverse effects, nor should it be construed to indicate that use of a particular drug is safe, appropriate or effective for you or anyone else. The drug information contained on this site is provided for general information purposes only and is not intended as individual medical advice and is not a substitute for the expertise and judgment of healthcare professionals. A healthcare professional should be consulted before taking any drug or commencing or discontinuing any course of treatment.
Your reliance upon information and content obtained by you at or through this site is solely at your own risk. Neither we nor our content providers assume any liability or responsibility for damage or injury (including death) to you, other persons or property arising from any use of any product, information, idea or instruction contained in the content or services provided to you.
Limitation of Liability
THE CONTENT PROVIDERS MAKE NO WARRANTY OR REPRESENTATION, EXPRESS OR IMPLIED, AS TO THE ACCURACY OF THE DATA FROM WHICH THE INFORMATION IS COMPILED OR THE ACCURACY OF THE INFORMATION ITSELF, NOR THE COMPATIBILITY OF THE INFORMATION WITH ANY HARDWARE AND SYSTEMS, AND SPECIFICALLY DISCLAIMS THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
YOUR USE OF THIS SITE AND THE MATERIAL AND INFORMATION ON THE SITE IS AT YOUR OWN RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, OUR CONTENT PROVIDERS SHALL NOT BE LIABLE FOR ANY DAMAGES ALLEGEDLY SUSTAINED ARISING OUT OF USE OF THE SITE, AND INCLUDING ANY CONSEQUENTIAL, SPECIAL, OR SIMILAR DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IF, NOTWITHSTANDING THE OTHER TERMS OF THIS AGREEMENT (OR ANY OTHER AGREEMENT BETWEEN YOU AND US), WE (OR OUR CONTENT PROVIDERS OR SPONSOR/ADVERTISERS) SHOULD HAVE ANY LIABILITY FOR ANY LOSS, HARM OR DAMAGE, YOU AND WE (ON BEHALF OF OURSELVES AND OUR CONTENT PROVIDERS AND SPONSOR/ADVERTISERS) AGREE THAT SUCH LIABILITY SHALL UNDER NO CIRCUMSTANCES EXCEED $1,000. YOU AND WE (ON BEHALF OF OURSELVES AND OUR CONTENT PROVIDERS AND SPONSOR/ADVERTISERS) AGREE THAT THE FOREGOING LIMITATION OF LIABILITY IS AN AGREED ALLOCATION OF RISK BETWEEN YOU AND US (AND OUR CONTENT PROVIDERS AND SPONSOR/ADVERTISERS) AND REFLECTS THE FEES, IF ANY, WE CHARGE YOU TO USE THIS SITE, THE SERVICES AND THE CONTENT. YOU ACKNOWLEDGE THAT ABSENT YOUR AGREEMENT TO THIS LIMITATION OF LIABILITY, WE WOULD NOT PROVIDE THE SITE, THE SERVICES OR THE CONTENT TO YOU.
No material from this website may be copied, reproduced, republished, uploaded, posted, transmitted, commercialized or distributed in any way, except that you may download one copy of the materials on any single computer for your personal, non-commercial home use only, provided you keep intact all copyright and other proprietary notices. Modification of the materials or use of the materials for any other purpose is a violation of our content provider's copyright and other proprietary rights. The use of any such material on any other website or networked computer environment is prohibited. All rights, title and interest in and to the materials on this site (including but not limited to all copyrights, trademarks, service marks, trade names and all derivative works) are owned or controlled by and shall remain at all times vested in the site operator and its content providers, as the case may be.
Intended Third Party Beneficiary
B. POTENTIAL THIRD-PARTY TECHNOLOGY
Prince XML Software License Agreement
Some Healthwise application products may include the Prince XML software, which is third party software which formats XML and HTML files into PDF documents that was developed by YesLogic Pty. The copyright for the Prince XML software is held by Yeslogic Pty Ltd. The Prince XML software may include third party software; for more information go to:
Healthwise has licensed the Prince XML software under a Software License and Distribution Agreement which allows Healthwise to distribute the object code version of the Prince XML software for use only with Healthwise Products subject to the terms of the Yeslogic End User License Agreement set out below ("Yeslogic End User License Agreement").
The object code version of the Prince XML software is being licensed by Healthwise to users of the applicable Healthwise application product ON AN "AS-IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, under the terms of the Yeslogic End User License Agreement.
Healthwise has not made any modifications to the Prince XML software as used in the Healthwise® products. Healthwise provides no warranty, support, or indemnity with respect to the Prince XML software (including all third party software contained therein) and accepts no liability with respect to your use of the Prince XML Software.
Yeslogic End User License Agreement
This license agreement (the "Agreement") is entered into between you, as a private person or a company (the "Licensee") and YesLogic Pty Ltd, an Australian company, having its registered address at 7 / 39 Bouverie Street, Carlton, VIC 3053, Australia ("YesLogic"). By installing, copying or otherwise using all or any portion of the Prince formatter (the "Software") the Licensee agrees to be bound by the terms of the Agreement.
Subject to the terms of this Agreement, YesLogic hereby grants to Licensee a non-exclusive, non-transferable, non-sublicensable and limited license only to install and use one copy of the Software on up to the number of computers as authorized in this Agreement.
1.1 Non-commercial license
If this is a Non-commercial license, Licensee may download, install and use the Software for Non-commercial Purposes on a computer that is accessible to any number of end users. PDF documents generated by the Software include notices that identify the Software. Licensee shall not change or remove these notices or assist or encourage third parties to remove or change such notices.
When the Non-commercial license is used to routinely generate documents, a prominent link to the www.princexml.com Web site shall be displayed on the pages from where the generated documents can be fetched, and in a prominent Web page where business partners are listed. If PDF documents are sent as email attachments by Licensee, all email messages must contain the www.princexml.com Web address in the message body.
1.2 Professional license
If this is a Professional license, Licensee may download, install and use the Software on a single computer for Interactive Use By a Single User only.
1.3 Server license
If this is a Server license, Licensee may download, install and use the Software on a computer that is accessible to any number of end users. Additionally, Licensee may download, install and use the Software on another computer which is only used for testing and development purposes.
1.4 Academic Server license
If this is an Academic Server license, Licensee may download, install and use the Software for Academic Purposes on a computer that is accessible to any number of end users. Additionally, Licensee may download, install and use the Software on another computer which is only used for testing and development purposes.
1.5 OEM license
If this is an OEM ("Original Equipment Manufacturer") license, Licensee may download, install and use the Software according to a separate agreement.
1.6 CSO license
If this is an CSO ("Commercial Services Offerings") license, Licensee may download, install and use the Software according to a separate agreement.
"Non-commercial Purposes" means the production of documents (a) for which no fees are charged, and (b) which are not part of a monetary transaction system (such as, but not limited, to invoices and receipts), and (c) for which no other income (such as, but not limited to, subscription fees, income from advertising or sale of consumables) is generated.
"Academic Purposes" means the production of dissertations, papers, lecture notes, hand-outs and similar documents or publications of academic character for distribution on the Web, at lectures, or through university bookstores or similar academic channels that are not of a strictly commercial character. A university press run on commercial terms is considered to be strictly commercial.
"Commercial Service Offerings" means services in which the Software is a part and for which the Licensee charges fees or has other income (such as but not limited to income from advertising or sale of consumables) related to documents generated by the Software.
"Interactive Use By a Single User" means that all processing performed by the Software is initiated by a local human user. The Software may not be part of a Web application or other server software.
"Software" means (a) the Prince formatter included third party software files and other information and (b) upgrades, updates and additions to such provided to you by YesLogic, to the extent not provided under a separate agreement.
3. LIMITATIONS AND RESTRICTIONS
The following shall apply in addition to the limitations and restrictions set forth elsewhere in this Agreement:
Licensee shall not modify, adapt, translate or create derivative works based upon the Software. Licensee shall not reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the Software.
Licensee shall not use, distribute, rent, lease, disclose or license out the Software for Commercial Service Offerings to its own end users or third parties.
OEMs, value-added resellers (VARs), providers of SaaS offerings, and providers of Commercial Services Offerings of all kinds, must enter into a separate OEM or CSO licensing agreement with YesLogic for such purposes.
Licensee shall not transfer any of its rights under this Agreement without the express written consent of YesLogic.
4. SUPPORT AND MAINTENANCE
YesLogic will provide the following support and maintenance services (the "Services") free of charge for a period of 12 months following the date of this Agreement:
E-mail support: YesLogic will attempt to respond to technical questions made by the Licensee by email within a reasonable period of time.
Upgrades: YesLogic will attempt to distribute upgrades to the Software on a regular basis. Installation and use of such upgrades will be governed by the terms of this Agreement.
This Clause 4 does not apply if this is a Non-commercial license.
5. INTELLECTUAL PROPERTY RIGHTS
YesLogic and its suppliers are the owner of all intellectual property rights relating to the Software and the Services. These rights are protected by intellectual property legislation in Australia and other jurisdictions and by international treaty provisions. YesLogic and its suppliers retains all rights in the Software and the Services that are not expressly granted to the Licensee through this Agreement.
Licensee is not allowed to remove, alter or destroy any proprietary, trademark or copyright markings or notices placed upon or contained with the Software.
The Licensee grants YesLogic the right to store contact details and other related information in order for YesLogic to contact the Licensee occasionally regarding the Software. YesLogic will not use contact details and other related information for any other purpose.
7. TERM AND TERMINATION
The Agreement and the licensing rights provide to the Licensee shall continue for an indefinite term. Without prejudice to any other rights, YesLogic may terminate the Agreement if the Licensee fails to comply with the terms and conditions of this Agreement.
8. NO WARRANTY
TO THE MAXIMUM EXTENT PERMITTED BY LAW, YESLOGIC DISCLAIMS ANY WARRANTY FOR THE SOFTWARE AND THE SERVICES. THE SOFTWARE, THE SERVICES AND ANY RELATED DOCUMENTATION IS PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT WITH REGARD TO THE SOFTWARE OR THE SERVICES.
9. CUSTOMER REMEDIES
The entire liability for YesLogic, and the exclusive remedy for the Licensee, under this Agreement shall be, at YesLogic's option, to either (a) return the price paid for the Software, or (b) replace the Software.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL YESLOGIC OR ITS SUPPLIERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, PERSONAL INJURY, LOSS OF PRIVACY OR ANY OTHER PECUNIARY LOSS) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE OR THE SERVICES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
10. GOVERNING LAW AND ARBITRATION
This Agreement shall be governed by and construed in accordance with Norwegian law. Any dispute arising under or in connection with this contract shall be referred to arbitration pursuant to the Norwegian 2004 Arbitration Act. Each Party shall appoint one arbitrator and the two arbitrators shall appoint the third arbitrator who shall be the chairman of the arbitration tribunal. The chairman shall be a Norwegian legal professional. If one Party fails to appoint an arbitrator within one month from being requested to do so or if the two arbitrators can not within one month from the last appointment agree on who shall be appointed chairman, the Chief Justice of Oslo District Court shall be the appointer. The venue of the arbitral proceedings shall be in Oslo, and the proceedings shall be conducted in the English language. The arbitration is deemed to be commenced when request for arbitration is being sent from the Party requesting arbitration. The Parties agree to conclude a separate agreement on confidentiality of both the arbitral proceedings and the award immediately after arbitration has been requested.
Last Updated October 11, 2013
CKSource License Agreement
Some Healthwise application products, such as but not limited to the Healthwise® Coach product and the Healthwise® Patient Education EMR Module product may include the CKEditor™product, which is a third party text editor for the internet developed by CKSource-Frederico Knabben. Healthwise has licensed the CKEditor product under the Mozilla Public License Version 1.1, a copy of which is included below. (The "Mozilla Public License Version 1.1).
Last updated October 11, 2013
Mozilla Public License Version 1.1
1.0.1. "Commercial Use"
means distribution or otherwise making the Covered Code available to a third party.
means each entity that creates or contributes to the creation of Modifications.
1.2. "Contributor Version"
means the combination of the Original Code, prior Modifications used by a Contributor, and the Modifications made by that particular Contributor.
1.3. "Covered Code"
means the Original Code or Modifications or the combination of the Original Code and Modifications, in each case including portions thereof.
1.4. "Electronic Distribution Mechanism"
means a mechanism generally accepted in the software development community for the electronic transfer of data.
means Covered Code in any form other than Source Code.
1.6. "Initial Developer"
means the individual or entity identified as the Initial Developer in the Source Code notice required by Exhibit A.
1.7. "Larger Work"
means a work which combines Covered Code or portions thereof with code not governed by the terms of this License.
means this document.
means having the right to grant, to the maximum extent possible, whether at the time of the initial grant or subsequently acquired, any and all of the rights conveyed herein.
means any addition to or deletion from the substance or structure of either the Original Code or any previous Modifications. When Covered Code is released as a series of files, a Modification is:
a. Any addition to or deletion from the contents of a file containing Original Code or previous Modifications.
b. Any new file that contains any part of the Original Code or previous Modifications.
1.10. "Original Code"
means Source Code of computer software code which is described in the Source Code notice required by Exhibit A as Original Code, and which, at the time of its release under this License is not already Covered Code governed by this License.
1.10.1. "Patent Claims"
means any patent claim(s), now owned or hereafter acquired, including without limitation, method, process, and apparatus claims, in any patent Licensable by grantor.
1.11. "Source Code"
means the preferred form of the Covered Code for making modifications to it, including all modules it contains, plus any associated interface definition files, scripts used to control compilation and installation of an Executable, or source code differential comparisons against either the Original Code or another well known, available Covered Code of the Contributor's choice. The Source Code can be in a compressed or archival form, provided the appropriate decompression or de-archiving software is widely available for no charge.
1.12. "You" (or "Your")
means an individual or a legal entity exercising rights under, and complying with all of the terms of, this License or a future version of this License issued under Section 6.1. For legal entities, "You" includes any entity which controls, is controlled by, or is under common control with You. For purposes of this definition, "control" means (a) the power, direct or indirect, to cause the direction or management of such entity, whether by contract or otherwise, or (b) ownership of more than fifty percent (50%) of the outstanding shares or beneficial ownership of such entity.
2. Source Code License
2.1. The Initial Developer Grant.
The Initial Developer hereby grants You a world-wide, royalty-free, non-exclusive license, subject to third party intellectual property claims:
a. under intellectual property rights (other than patent or trademark) Licensable by Initial Developer to use, reproduce, modify, display, perform, sublicense and distribute the Original Code (or portions thereof) with or without Modifications, and/or as part of a Larger Work; and
b. under Patents Claims infringed by the making, using or selling of Original Code, to make, have made, use, practice, sell, and offer for sale, and/or otherwise dispose of the Original Code (or portions thereof).
c. the licenses granted in this Section 2.1 (a) and (b) are effective on the date Initial Developer first distributes Original Code under the terms of this License.
d. Notwithstanding Section 2.1 (b) above, no patent license is granted: 1) for code that You delete from the Original Code; 2) separate from the Original Code; or 3) for infringements caused by: i) the modification of the Original Code or ii) the combination of the Original Code with other software or devices.
2.2. Contributor Grant.
Subject to third party intellectual property claims, each Contributor hereby grants You a world-wide, royalty-free, non-exclusive license
a. under intellectual property rights (other than patent or trademark) Licensable by Contributor, to use, reproduce, modify, display, perform, sublicense and distribute the Modifications created by such Contributor (or portions thereof) either on an unmodified basis, with other Modifications, as Covered Code and/or as part of a Larger Work; and
b. under Patent Claims infringed by the making, using, or selling of Modifications made by that Contributor either alone and/or in combination with its Contributor Version (or portions of such combination), to make, use, sell, offer for sale, have made, and/or otherwise dispose of: 1) Modifications made by that Contributor (or portions thereof); and 2) the combination of Modifications made by that Contributor with its Contributor Version (or portions of such combination).
c. the licenses granted in Sections 2.2 (a) and 2.2 (b) are effective on the date Contributor first makes Commercial Use of the Covered Code.
d. Notwithstanding Section 2.2 (b) above, no patent license is granted: 1) for any code that Contributor has deleted from the Contributor Version; 2) separate from the Contributor Version; 3) for infringements caused by: i) third party modifications of Contributor Version or ii) the combination of Modifications made by that Contributor with other software (except as part of the Contributor Version) or other devices; or 4) under Patent Claims infringed by Covered Code in the absence of Modifications made by that Contributor.
3. Distribution Obligations
3.1. Application of License.
The Modifications which You create or to which You contribute are governed by the terms of this License, including without limitation Section 2.2. The Source Code version of Covered Code may be distributed only under the terms of this License or a future version of this License released under Section 6.1, and You must include a copy of this License with every copy of the Source Code You distribute. You may not offer or impose any terms on any Source Code version that alters or restricts the applicable version of this License or the recipients' rights hereunder. However, You may include an additional document offering the additional rights described in Section 3.5.
3.2. Availability of Source Code.
Any Modification which You create or to which You contribute must be made available in Source Code form under the terms of this License either on the same media as an Executable version or via an accepted Electronic Distribution Mechanism to anyone to whom you made an Executable version available; and if made available via Electronic Distribution Mechanism, must remain available for at least twelve (12) months after the date it initially became available, or at least six (6) months after a subsequent version of that particular Modification has been made available to such recipients. You are responsible for ensuring that the Source Code version remains available even if the Electronic Distribution Mechanism is maintained by a third party.
3.3. Description of Modifications.
You must cause all Covered Code to which You contribute to contain a file documenting the changes You made to create that Covered Code and the date of any change. You must include a prominent statement that the Modification is derived, directly or indirectly, from Original Code provided by the Initial Developer and including the name of the Initial Developer in (a) the Source Code, and (b) in any notice in an Executable version or related documentation in which You describe the origin or ownership of the Covered Code.
3.4. Intellectual Property Matters
(a) Third Party Claims
If Contributor has knowledge that a license under a third party's intellectual property rights is required to exercise the rights granted by such Contributor under Sections 2.1 or 2.2, Contributor must include a text file with the Source Code distribution titled "LEGAL" which describes the claim and the party making the claim in sufficient detail that a recipient will know whom to contact. If Contributor obtains such knowledge after the Modification is made available as described in Section 3.2, Contributor shall promptly modify the LEGAL file in all copies Contributor makes available thereafter and shall take other steps (such as notifying appropriate mailing lists or newsgroups) reasonably calculated to inform those who received the Covered Code that new knowledge has been obtained.
(b) Contributor APIs
If Contributor's Modifications include an application programming interface and Contributor has knowledge of patent licenses which are reasonably necessary to implement that API, Contributor must also include this information in the LEGAL file.
Contributor represents that, except as disclosed pursuant to Section 3.4 (a) above, Contributor believes that Contributor's Modifications are Contributor's original creation(s) and/or Contributor has sufficient rights to grant the rights conveyed by this License.
3.5. Required Notices.
You must duplicate the notice in Exhibit A in each file of the Source Code. If it is not possible to put such notice in a particular Source Code file due to its structure, then You must include such notice in a location (such as a relevant directory) where a user would be likely to look for such a notice. If You created one or more Modification(s) You may add your name as a Contributor to the notice described in Exhibit A. You must also duplicate this License in any documentation for the Source Code where You describe recipients' rights or ownership rights relating to Covered Code. You may choose to offer, and to charge a fee for, warranty, support, indemnity or liability obligations to one or more recipients of Covered Code. However, You may do so only on Your own behalf, and not on behalf of the Initial Developer or any Contributor. You must make it absolutely clear than any such warranty, support, indemnity or liability obligation is offered by You alone, and You hereby agree to indemnify the Initial Developer and every Contributor for any liability incurred by the Initial Developer or such Contributor as a result of warranty, support, indemnity or liability terms You offer.
3.6. Distribution of Executable Versions.
You may distribute Covered Code in Executable form only if the requirements of Sections 3.1, 3.2, 3.3, 3.4 and 3.5 have been met for that Covered Code, and if You include a notice stating that the Source Code version of the Covered Code is available under the terms of this License, including a description of how and where You have fulfilled the obligations of Section 3.2. The notice must be conspicuously included in any notice in an Executable version, related documentation or collateral in which You describe recipients' rights relating to the Covered Code. You may distribute the Executable version of Covered Code or ownership rights under a license of Your choice, which may contain terms different from this License, provided that You are in compliance with the terms of this License and that the license for the Executable version does not attempt to limit or alter the recipient's rights in the Source Code version from the rights set forth in this License. If You distribute the Executable version under a different license You must make it absolutely clear that any terms which differ from this License are offered by You alone, not by the Initial Developer or any Contributor. You hereby agree to indemnify the Initial Developer and every Contributor for any liability incurred by the Initial Developer or such Contributor as a result of any such terms You offer.
3.7. Larger Works.
You may create a Larger Work by combining Covered Code with other code not governed by the terms of this License and distribute the Larger Work as a single product. In such a case, You must make sure the requirements of this License are fulfilled for the Covered Code.
4. Inability to Comply Due to Statute or Regulation
If it is impossible for You to comply with any of the terms of this License with respect to some or all of the Covered Code due to statute, judicial order, or regulation then You must: (a) comply with the terms of this License to the maximum extent possible; and (b) describe the limitations and the code they affect. Such description must be included in the LEGAL file described in Section 3.4 and must be included with all distributions of the Source Code. Except to the extent prohibited by statute or regulation, such description must be sufficiently detailed for a recipient of ordinary skill to be able to understand it.
5. Application of this License
This License applies to code to which the Initial Developer has attached the notice in Exhibit A and to related Covered Code.
6. Versions of the License
6.1. New Versions
Netscape Communications Corporation ("Netscape") may publish revised and/or new versions of the License from time to time. Each version will be given a distinguishing version number.
6.2. Effect of New Versions
Once Covered Code has been published under a particular version of the License, You may always continue to use it under the terms of that version. You may also choose to use such Covered Code under the terms of any subsequent version of the License published by Netscape. No one other than Netscape has the right to modify the terms applicable to Covered Code created under this License.
6.3. Derivative Works
If You create or use a modified version of this License (which you may only do in order to apply it to code which is not already Covered Code governed by this License), You must (a) rename Your license so that the phrases "Mozilla", "MOZILLAPL", "MOZPL", "Netscape", "MPL", "NPL" or any confusingly similar phrase do not appear in your license (except to note that your license differs from this License) and (b) otherwise make it clear that Your version of the license contains terms which differ from the Mozilla Public License and Netscape Public License. (Filling in the name of the Initial Developer, Original Code or Contributor in the notice described in Exhibit A shall not of themselves be deemed to be modifications of this License.)
7. DISCLAIMER OF WARRANTY
COVERED CODE IS PROVIDED UNDER THIS LICENSE ON AN "AS IS" BASIS, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES THAT THE COVERED CODE IS FREE OF DEFECTS, MERCHANTABLE, FIT FOR A PARTICULAR PURPOSE OR NON-INFRINGING. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE COVERED CODE IS WITH YOU. SHOULD ANY COVERED CODE PROVE DEFECTIVE IN ANY RESPECT, YOU (NOT THE INITIAL DEVELOPER OR ANY OTHER CONTRIBUTOR) ASSUME THE COST OF ANY NECESSARY SERVICING, REPAIR OR CORRECTION. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS LICENSE. NO USE OF ANY COVERED CODE IS AUTHORIZED HEREUNDER EXCEPT UNDER THIS DISCLAIMER.
8.1. This License and the rights granted hereunder will terminate automatically if You fail to comply with terms herein and fail to cure such breach within 30 days of becoming aware of the breach. All sublicenses to the Covered Code which are properly granted shall survive any termination of this License. Provisions which, by their nature, must remain in effect beyond the termination of this License shall survive.
8.2. If You initiate litigation by asserting a patent infringement claim (excluding declaratory judgment actions) against Initial Developer or a Contributor (the Initial Developer or Contributor against whom You file such action is referred to as "Participant") alleging that:
a. such Participant's Contributor Version directly or indirectly infringes any patent, then any and all rights granted by such Participant to You under Sections 2.1 and/or 2.2 of this License shall, upon 60 days' notice from Participant terminate prospectively, unless if within 60 days after receipt of notice You either: (i) agree in writing to pay Participant a mutually agreeable reasonable royalty for Your past and future use of Modifications made by such Participant, or (ii) withdraw Your litigation claim with respect to the Contributor Version against such Participant. If within 60 days of notice, a reasonable royalty and payment arrangement are not mutually agreed upon in writing by the parties or the litigation claim is not withdrawn, the rights granted by Participant to You under Sections 2.1 and/or 2.2 automatically terminate at the expiration of the 60 day notice period specified above.
b. any software, hardware, or device, other than such Participant's Contributor Version, directly or indirectly infringes any patent, then any rights granted to You by such Participant under Sections 2.1(b) and 2.2(b) are revoked effective as of the date You first made, used, sold, distributed, or had made, Modifications made by that Participant.
8.3. If You assert a patent infringement claim against Participant alleging that such Participant's Contributor Version directly or indirectly infringes any patent where such claim is resolved (such as by license or settlement) prior to the initiation of patent infringement litigation, then the reasonable value of the licenses granted by such Participant under Sections 2.1 or 2.2 shall be taken into account in determining the amount or value of any payment or license.
8.4. In the event of termination under Sections 8.1 or 8.2 above, all end user license agreements (excluding distributors and resellers) which have been validly granted by You or any distributor hereunder prior to termination shall survive termination.
9. LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, WHETHER TORT (INCLUDING NEGLIGENCE), CONTRACT, OR OTHERWISE, SHALL YOU, THE INITIAL DEVELOPER, ANY OTHER CONTRIBUTOR, OR ANY DISTRIBUTOR OF COVERED CODE, OR ANY SUPPLIER OF ANY OF SUCH PARTIES, BE LIABLE TO ANY PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF SUCH PARTY SHALL HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION OF LIABILITY SHALL NOT APPLY TO LIABILITY FOR DEATH OR PERSONAL INJURY RESULTING FROM SUCH PARTY'S NEGLIGENCE TO THE EXTENT APPLICABLE LAW PROHIBITS SUCH LIMITATION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS EXCLUSION AND LIMITATION MAY NOT APPLY TO YOU.
10. U.S. government end users
The Covered Code is a "commercial item," as that term is defined in 48 C.F.R. 2.101 (Oct. 1995), consisting of "commercial computer software" and "commercial computer software documentation," as such terms are used in 48 C.F.R. 12.212 (Sept. 1995). Consistent with 48 C.F.R. 12.212 and 48 C.F.R. 227.7202-1 through 227.7202-4 (June 1995), all U.S. Government End Users acquire Covered Code with only those rights set forth herein.
This License represents the complete agreement 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. This License shall be governed by California law provisions (except to the extent applicable law, if any, provides otherwise), excluding its conflict-of-law provisions. With respect to disputes in which at least one party is a citizen of, or an entity chartered or registered to do business in the United States of America, any litigation relating to this License shall be subject to the jurisdiction of the Federal Courts of the Northern District of California, with venue lying in Santa Clara County, California, with the losing party responsible for costs, including without limitation, court costs and reasonable attorneys' fees and expenses. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. Any law or regulation which provides that the language of a contract shall be construed against the drafter shall not apply to this License.
12. Responsibility for claims
As between Initial Developer and the Contributors, each party is responsible for claims and damages arising, directly or indirectly, out of its utilization of rights under this License and You agree to work with Initial Developer and Contributors to distribute such responsibility on an equitable basis. Nothing herein is intended or shall be deemed to constitute any admission of liability.
13. Multiple-licensed code
Initial Developer may designate portions of the Covered Code as "Multiple-Licensed". "Multiple-Licensed" means that the Initial Developer permits you to utilize portions of the Covered Code under Your choice of the MPL or the alternative licenses, if any, specified by the Initial Developer in the file described in Exhibit A.
Exhibit A - Mozilla Public License
"The contents of this file are subject to the Mozilla Public License
Version 1.1 (the "License"); you may not use this file except in
compliance with the License. You may obtain a copy of the License at
http://www.mozilla.org/MPL/Software distributed under the License is distributed on an "AS IS"
basis, WITHOUT WARRANTY OF ANY KIND, either express or implied. See the
License for the specific language governing rights and limitations
under the License.
The Original Code is ______________________________________.
The Initial Developer of the Original Code is ________________________.
Portions created by ______________________ are Copyright (C) ______
_______________________. All Rights Reserved.
Alternatively, the contents of this file may be used under the terms
of the _____ license (the "[___] License"), in which case the
provisions of [______] License are applicable instead of those
above. If you wish to allow use of your version of this file only
under the terms of the [____] License and not to allow others to use
your version of this file under the MPL, indicate your decision by
deleting the provisions above and replace them with the notice and
other provisions required by the [___] License. If you do not delete
the provisions above, a recipient may use your version of this file
under either the MPL or the [___] License."
NOTE: The text of this Exhibit A may differ slightly from the text of the notices in the Source Code files of the Original Code. You should use the text of this Exhibit A rather than the text found in the Original Code Source Code for Your Modifications.
Twitter Bootstrap Toolkit License Agreement
Some Healthwise products may include Twitter Bootstrap, which is a third party toolkit for the development of web applications and website, developed and copyrighted by Twitter, Inc. (2011-2012). Healthwise has licensed the Twitter Bootstrap toolkit under the Apache License Version 2.0, a copy of which is included below. (The "Apache License Version 2.0"). The Twitter Bootstrap toolkit (in all forms) is licensed to all users of Healthwise products under the same Apache License Version 2.0. Users may not use the Twitter Bootstrap toolkit except in compliance with the Apache License Version 2.0.
Healthwise has not made any modifications to the Twitter Bootstrap toolkit as used in the Healthwise® products. Healthwise provides no warranty, support, or indemnity with respect to the Twitter Bootstrap toolkit and accepts no liability with respect to your use of the Twitter Bootstrap Toolkit. Unless required by applicable law or agreed to in writing, software distributed under the Apache License Version 2.0 is distributed on an "AS-IS" BASIS, WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, either express or implied. See the License below for the specific language governing permissions and limitations under the license.
Version 2.0, January 2004
TERMS AND CONDITIONS FOR USE, REPRODUCTION, AND DISTRIBUTION
"License" shall mean the terms and conditions for use, reproduction,
and distribution as defined by Sections 1 through 9 of this document.
"Licensor" shall mean the copyright owner or entity authorized by
the copyright owner that is granting the License.
"Legal Entity" shall mean the union of the acting entity and all
other entities that control, are controlled by, or are under common
control with that entity. For the purposes of this definition,
"control" means (i) the power, direct or indirect, to cause the
direction or management of such entity, whether by contract or
otherwise, or (ii) ownership of fifty percent (50%) or more of the
outstanding shares, or (iii) beneficial ownership of such entity.
"You" (or "Your") shall mean an individual or Legal Entity
exercising permissions granted by this License.
"Source" form shall mean the preferred form for making modifications,
including but not limited to software source code, documentation
source, and configuration files.
"Object" form shall mean any form resulting from mechanical
transformation or translation of a Source form, including but
not limited to compiled object code, generated documentation,
and conversions to other media types.
"Work" shall mean the work of authorship, whether in Source or
Object form, made available under the License, as indicated by a
copyright notice that is included in or attached to the work
(an example is provided in the Appendix below).
"Derivative Works" shall mean any work, whether in Source or Object
form, that is based on (or derived from) the Work and for which the
editorial revisions, annotations, elaborations, or other modifications
represent, as a whole, an original work of authorship. For the purposes
of this License, Derivative Works shall not include works that remain
separable from, or merely link (or bind by name) to the interfaces of,
the Work and Derivative Works thereof.
"Contribution" shall mean any work of authorship, including
the original version of the Work and any modifications or additions
to that Work or Derivative Works thereof, that is intentionally
submitted to Licensor for inclusion in the Work by the copyright owner
or by an individual or Legal Entity authorized to submit on behalf of
the copyright owner. For the purposes of this definition, "submitted"
means any form of electronic, verbal, or written communication sent
to the Licensor or its representatives, including but not limited to
communication on electronic mailing lists, source code control systems,
and issue tracking systems that are managed by, or on behalf of, the
Licensor for the purpose of discussing and improving the Work, but
excluding communication that is conspicuously marked or otherwise
designated in writing by the copyright owner as "Not a Contribution."
"Contributor" shall mean Licensor and any individual or Legal Entity
on behalf of whom a Contribution has been received by Licensor and
subsequently incorporated within the Work.
2. Grant of Copyright License
Subject to the terms and conditions of
this License, each Contributor hereby grants to You a perpetual,
worldwide, non-exclusive, no-charge, royalty-free, irrevocable
copyright license to reproduce, prepare Derivative Works of,
publicly display, publicly perform, sublicense, and distribute the
Work and such Derivative Works in Source or Object form.
3. Grant of Patent License
Subject to the terms and conditions of
this License, each Contributor hereby grants to You a perpetual,
worldwide, non-exclusive, no-charge, royalty-free, irrevocable
(except as stated in this section) patent license to make, have made,
use, offer to sell, sell, import, and otherwise transfer the Work,
where such license applies only to those patent claims licensable
by such Contributor that are necessarily infringed by their
Contribution(s) alone or by combination of their Contribution(s)
with the Work to which such Contribution(s) was submitted. If You
institute patent litigation against any entity (including a
cross-claim or counterclaim in a lawsuit) alleging that the Work
or a Contribution incorporated within the Work constitutes direct
or contributory patent infringement, then any patent licenses
granted to You under this License for that Work shall terminate
as of the date such litigation is filed.
You may reproduce and distribute copies of the
Work or Derivative Works thereof in any medium, with or without
modifications, and in Source or Object form, provided that You
meet the following conditions:
(a) You must give any other recipients of the Work or
Derivative Works a copy of this License; and
(b) You must cause any modified files to carry prominent notices
stating that You changed the files; and
(c) You must retain, in the Source form of any Derivative Works
that You distribute, all copyright, patent, trademark, and
attribution notices from the Source form of the Work,
excluding those notices that do not pertain to any part of
the Derivative Works; and
(d) If the Work includes a "NOTICE" text file as part of its
distribution, then any Derivative Works that You distribute must
include a readable copy of the attribution notices contained
within such NOTICE file, excluding those notices that do not
pertain to any part of the Derivative Works, in at least one
of the following places: within a NOTICE text file distributed
as part of the Derivative Works; within the Source form or
documentation, if provided along with the Derivative Works; or,
within a display generated by the Derivative Works, if and
wherever such third-party notices normally appear. The contents
of the NOTICE file are for informational purposes only and
do not modify the License. You may add Your own attribution
notices within Derivative Works that You distribute, alongside
or as an addendum to the NOTICE text from the Work, provided
that such additional attribution notices cannot be construed
as modifying the License.
You may add Your own copyright statement to Your modifications and
may provide additional or different license terms and conditions
for use, reproduction, or distribution of Your modifications, or
for any such Derivative Works as a whole, provided Your use,
reproduction, and distribution of the Work otherwise complies with
the conditions stated in this License.
5. Submission of Contributions
Unless You explicitly state otherwise,
any Contribution intentionally submitted for inclusion in the Work
by You to the Licensor shall be under the terms and conditions of
this License, without any additional terms or conditions.
Notwithstanding the above, nothing herein shall supersede or modify
the terms of any separate license agreement you may have executed
with Licensor regarding such Contributions.
This License does not grant permission to use the trade
names, trademarks, service marks, or product names of the Licensor,
except as required for reasonable and customary use in describing the
origin of the Work and reproducing the content of the NOTICE file.
7. Disclaimer of Warranty
Unless required by applicable law or
agreed to in writing, Licensor provides the Work (and each
Contributor provides its Contributions) on an "AS IS" BASIS,
WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, either express or
implied, including, without limitation, any warranties or conditions
of TITLE, NON-INFRINGEMENT, MERCHANTABILITY, or FITNESS FOR A
PARTICULAR PURPOSE. You are solely responsible for determining the
appropriateness of using or redistributing the Work and assume any
risks associated with Your exercise of permissions under this License.
8. Limitation of Liability
In no event and under no legal theory,
whether in tort (including negligence), contract, or otherwise,
unless required by applicable law (such as deliberate and grossly
negligent acts) or agreed to in writing, shall any Contributor be
liable to You for damages, including any direct, indirect, special,
incidental, or consequential damages of any character arising as a
result of this License or out of the use or inability to use the
Work (including but not limited to damages for loss of goodwill,
work stoppage, computer failure or malfunction, or any and all
other commercial damages or losses), even if such Contributor
has been advised of the possibility of such damages.
9. Accepting Warranty or Additional Liability
the Work or Derivative Works thereof, You may choose to offer,
and charge a fee for, acceptance of support, warranty, indemnity,
or other liability obligations and/or rights consistent with this
License. However, in accepting such obligations, You may act only
on Your own behalf and on Your sole responsibility, not on behalf
of any other Contributor, and only if You agree to indemnify,
defend, and hold each Contributor harmless for any liability
incurred by, or claims asserted against, such Contributor by reason
of your accepting any such warranty or additional liability.
APPENDIX: How to apply the Apache License to your work.
To apply the Apache License to your work, attach the following
boilerplate notice, with the fields enclosed by brackets ""
replaced with your own identifying information. (Don't include
the brackets!) The text should be enclosed in the appropriate
comment syntax for the file format. We also recommend that a
file or class name and description of purpose be included on the
same "printed page" as the copyright notice for easier
identification within third-party archives.
Copyright [yyyy] [name of copyright owner]
Licensed under the Apache License, Version 2.0 (the "License");
you may not use this file except in compliance with the License.
You may obtain a copy of the License at
Unless required by applicable law or agreed to in writing, software
distributed under the License is distributed on an "AS IS" BASIS,
WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, either express or implied.
See the License for the specific language governing permissions and
limitations under the License.
Last updated April 1, 2013
SendGrid,Inc. Services Agreement
Some Healthwise products may include certain services developed, provided or maintained by Sendgrid, Inc., a third-party service provider of Healthwise ("SendGrid"). Access to or use of any those services ("SendGrid Services") by users of Healthwise products is subject to the separate agreement, if any, that the applicable user may enter into (or may have entered into) relating to those SendGrid Services with Healthwise. (each, a "Healthwise Service Agreement" or a "Healthwise License Agreement"). The terms of any Healthwise Service Agreement or Healthwise License Agreement will apply to the applicable SendGrid Services provided under that Healthwise Service Agreement or Healthwise License Agreement in addition to the terms herein. Except as otherwise set forth herein, the terms of any Healthwise Service Agreement or Healthwise License Agreement will control in the event of a conflict between the terms herein and that Healthwise Service Agreement or Healthwise License Agreement. All other SendGrid Services will be subject to the terms herein. SendGrid retains all right, title and interest in and to all SendGrid Services and all software, hardware or other technology used to provide those services, and any additions, improvements, updates, and modifications thereto. SendGrid will be a beneficiary of the terms herein as to the SendGrid Services provided by SendGrid and will have all rights necessary to enforce the terms herein against any user of Healthwise product containing or utilizing SendGrid services in the case of any breach of those terms.
Each user of SendGrid Services represents, warrants, and covenants that: (1) it has the legal right and authority to enter into and agree to the terms herein; (2) it has the legal right and authority to perform its obligations under these terms and to grant the rights and licenses described herein and in any applicable additional agreement that the user enters into in connection with any of the services provided hereunder; (3) all Content is in compliance with the terms herein; and (4) it will access and use the services provided hereunder in compliance with the terms herein.
THE SOLE WARRANTIES REGARDING THE SERVICES PROVIDED HEREUNDER ARE THOSE EXPRESS WARRANTIES (IF ANY) PROVIDED TO THE USER BY HEALTHWISE UNDER THESE TERMS. ALL SENDGRID SERVICES ARE PROVIDED BY SENDGRID AND HEALTHWISE STRICTLY "AS IS" AND "AS AVAILABLE" AND SENDGRID AND HEALTHWISE EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES AND REPRESENTATIONS OF ANY KIND WITH REGARD TO ALL SENDGRID SERVICES, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, TITLE OR NON-INFRINGEMENT. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY HEALTHWISE OR SENDGRID WILL CREATE ANY WARRANTIES BY OR ON BEHALF OF SENDGRID.
Each user agrees to and hereby does indemnify, defend, and hold harmless Healthwise, SendGrid and their and their respective affiliates, employees, agents, contractors, assigns, licensees, and successors in interest ("Indemnified Parties") from any and all claims, losses, liabilities, damages, fees, expenses, and costs (including attorneys' fees, court costs, damage awards, and settlement amounts) that result from or relate to any claim or allegation against any Indemnified Party arising from the user accessing or using the services provided hereunder (including the SendGrid Services) or from any email or other communication generated or sent through such services or any content contained therein, whether or not in breach of the terms herein.
Limitation on Liability
EACH USER AGREES THAT RESPONSIBILITY AND LIABILITY FOR THE SERVICES PROVIDED HEREUNDER, IF ANY, IS STRICTLY WITH HEALTHWISE. SENDGRID AND HEALTHWISE WILL NOT HAVE ANY LIABILITY HEREUNDER OR OTHERWISE IN CONNECTION WITH ANY SERVICES PROVIDED HEREUNDER (INCLUDING SENDGRID SERVICES), INCLUDING, WITHOUT LIMITATION, FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, CONSEQUENTIAL OR OTHER FORM DAMAGES, HOWEVER CAUSED, UNDER ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE), EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, INCLUDING, WITHOUT LIMITATION, ANY LOSS OF DATA, OPPORTUNITY, REVENUES OR PROFITS, BUSINESS INTERRUPTION, OR PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES. IN JURISDICTIONS WHERE THE FOREGOING LIMITATION OF LIABILITY IS NOT PERMITTED, THE LIABILITY OF SENDGRID AND HEALTHWISE WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
Each user will be responsible for all data, information and other content ("Content") provided by the user in connection with the services provided hereunder. Each user will not provide and will not permit any third party to provide or to use the services provided hereunder to provide, any Content that: (a) infringes, misappropriates or violates any intellectual property or other rights of any third-party; (b) is defamatory, harmful to minors, obscene or child pornographic; (c) contains any viruses or programming routines intended to damage the services or any software, hardware or other technology used to provide the services or surreptitiously intercept or expropriate any data or information; or (d) is false, misleading or inaccurate. Healthwise and SendGrid will not be responsible or liable for any deletion, correction, destruction, damage, loss or failure to store or back-up any Content. Healthwise and SendGrid may take remedial action if any Content violates this Section, however Healthwise and SendGrid are under no obligation to review any Content for accuracy or potential liability.
Each user grants to Healthwise, SendGrid and their third party providers the necessary rights and licenses in and to all Content necessary for Healthwise, SendGrid and/or their third party providers to provide the services hereunder. Each user will maintain an adequate back-up of all Content and Healthwise, SendGrid and their respective third party providers will not be responsible or liable for any deletion, correction, destruction, damage, loss or failure to store or back-up any Content. Each user represents and warrants that it has all necessary right, title, interest and consent necessary to allow Healthwise, SendGrid and their respective third party providers to use all Content as set forth herein and as otherwise necessary to provide the services hereunder.
How this information was developed to help you make better health decisions.