License Agreement (“Agreement”)
My Education Resources and Solutions, LLC (“MyERS”)
You or the institution with which you are affiliated (“Subscriber”) has obtained a subscription to access and use the resources provided by My Education Resources and Solutions, LLC (“MyERS”). Your subscription grants you a non-exclusive, non-transferable license to access, retrieve, display, and make copies of the continuing education materials (“Licensed Materials”) copyrighted by MyERS, subject to the terms of this Agreement.
Definitions
“Authorized Users” include all current employees of the Subscriber, within their free-standing facility, including off-site clinics. This does not include other hospitals within your health system; they would need to purchase a separate license to utilize the materials.
“Licensed Materials” are all publications copyrighted and published by MyERS including, but not limited to, the continuing education programs listed on the Order Form.
Ownership
The Licensed Materials are the sole and exclusive property of MyERS. By indicating that you agree to these terms, you do not become owner of the Licensed Materials, but are entitled to use them according to the terms of this Agreement.
Subscription Term
You or your institution has obtained the right to use and access the Licensed Materials for a specific period of time, i.e., the subscription period, which is one year from the designated start date as determined from your institution’s Order Form. At the end of this period, your license or your institution’s license and your associated rights will expire automatically, unless your institution has renewed its subscription on MyERS’s then-current terms. The Agreement and your license to use the Licensed Materials will also terminate if you fail to comply with any term or condition in this Agreement.
Permitted Uses & Prohibitions
All rights under copyright, in the Licensed Materials, are owned by MyERS. Subscriber and their Authorized Users may not modify, adapt, transform, translate or create any derivative work based on any materials included in the Licensed Materials, or otherwise use any such materials, in a manner that would infringe the copyright therein. No part of the Licensed Materials may be copied for resale or other commercial use, or posted on public bulletin boards, web sites, Internet domains, or online chatrooms. Subscriber is allowed to post Licensed Materials on their secure learning management system (LMS), provided that the LMS is password protected and only accessible to Authorized Users.
Restriction Against Transfer
You may not sublicense, assign, share, sell, rent, lease, or otherwise transfer your right to use the Licensed Materials.
Use of Professional Judgement
Medical science and clinical practice continue to evolve as new research, clinical trials, and evidence inform changes in treatment recommendations and drug therapy. MyERS has consulted sources believed to be reliable in preparing the Licensed Materials and has sought to provide information consistent with the standards of professional practice prevailing at the time of publication. However, errors or omissions may occur despite these efforts. To the fullest extent permitted by applicable law, MyERS disclaims responsibility for errors or omissions in the Licensed Materials and for outcomes resulting from the use of the information they contain.
Because each patient has unique needs and circumstances, the Licensed Materials are intended for educational purposes and should be used only as a general guide in clinical practice. They are not a substitute for individualized patient assessment, current clinical guidelines, applicable laws and regulations, institutional policies, or the exercise of independent professional judgment by the healthcare professional.
General
If any provision of this Agreement is determined to be invalid or unenforceable under any applicable law, it shall be deemed omitted and the remaining provisions shall continue in full force and effect. This Agreement may be modified only in writing authorized by MyERS. MyERS’s waiver of any right shall not constitute a waiver of that or any other right in the future. This Agreement shall be governed by and construed in accordance with the laws of the State of North Carolina, USA. Any action arising out of or relating to this Agreement shall be brought in the state or federal courts located in North Carolina. This Agreement constitutes the entire understanding between the parties with respect to the subject matter hereof, and all prior agreements, representations, statements, and undertakings, oral or written, are hereby expressly superseded and canceled.
