Terms & Conditions
By downloading these PDFs of Provation Order Sets or Care Plans You accept all the terms and conditions of this Agreement below.
The following terms and conditions ("Agreement") shall govern your (you and your collectively "You/Your") use of the accompanying Provation Order Sets and Care Plans ("Provation IP"). If You do not accept or agree with these terms, You may not download or use the Provation IP. Upon Your acceptance of this Agreement, Provation Medical, Inc. ("Provation") grants You a limited, non-exclusive license to use Provation IP according to the following guidelines:
1. Use. You may download a single PDF copy for use internally in Your organization solely for evaluation purposes for use within the United States only. You may not use Provation IP for any development, commercial or production purpose nor to compete with Provation Medical, Inc. in the marketplace. Provation IP may not be transferred, sold, assigned, sublicensed or otherwise conveyed, whether by operation of law or otherwise, to another party.
2. Restrictions. You may not copy, modify or adapt Provation IP in whole or in part including but not limited to translating or creating derivative works or reverse engineer, de-compile or disassembly. You shall not remove any copyright notices or other proprietary notices and You must reproduce such notices on all copies or extracts of Provation IP.
3. Proprietary Expression and Information. Provation IP is owned byProvation including all intellectual property rights including ideas, procedures, processes, systems, methods of operation, and concepts embodied within which are trade secret of Provation. You acquire only a non-exclusive right to useProvation IP as permitted herein and You do not acquire any rights of ownership in Provation IP or any other implied right or license under any intellectual property rights of Provation.
4. Warranty Disclaimer. PROVATION IP IS FURNISHED "AS IS" WITHOUT ANY WARRANTY WHATSOEVER. PROVATION MEDICAL, INC. DISCLAIMS ALL WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OR CONDITIONS OF QUALITY, ACCURACY, CORRECTNESS, COMPLETENESS, COMPREHENSIVENESS, SUITABILITY, COMPATIBILITY, MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, OR OTHERWISE.
5. Limitation of Liability. NEITHER PROVATION MEDICAL, INC. OR ITS LICENSORS SHALL BE LIABLE FOR ANY LOSS OR DAMAGE HEREUNDER INCLUDING WITHOUT LIMITATION INCLUDING ANY INACCURACY OF DATA, LOSS OF PROFITS OR DATA OR INDIRECT, SPECIAL, CONSEQUENTIAL OR INCIDENTAL, PUNITIVE AND/OR EXEMPLARY DAMAGES EVEN IF ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE.
6. Provation Medical, Inc. Not Engaged in Practice of Medicine; Indemnity. Provation does not, nor does it intend to, engage in the performance or delivery of medical or health care services. Provation IP provided hereunder is not, in any case to be deemed or understood as a recommendation, endorsement, guarantee or warranty of the services of any providers who render health care services and are not intended as a substitute for professional medical judgment in patient diagnosis or treatment.
7. Governing Law. This Agreement constitutes the complete agreement between the parties with respect to Provation IP and is governed by the laws of Minnesota. If any party is required to commence legal action to enforce its rights, the prevailing party shall be entitled to reasonable expenses and attorney's fees.
8. Termination. Your license to use Provation IP automatically terminates 30 calendar days following download of the PDF from the www.provationmedical.com website. Upon termination You shall cease use of the Provation IP and destroy all copies of the Provation IP. All disclaimers of warranties and limitations on liability shall survive termination of this Agreement.
9. Support. Provation IP is provided 'as is' without support.
10. U.S. Government Restricted Rights. Use, duplication and disclosure by the U.S. government is subject to restrictions set forth in this Agreement. Provation reserves all unpublished rights under U.S. copyright law.
11. Links. Links within Provation IP to other websites are for illustration purposes. Such links are intended solely for users who have a current license/subscription to such product.