"Accidental and Inflicted Mechanisms of Injury in Children"
Please read and agree to the License Agreement to continue the ordering process.
- This document lists the terms under which individuals or organizations may have access to audiovisual demonstrations of the mechanism of some childhood injuries, with narration written by physicians who created the demonstrations.
- "Agreement" means this document, in electronic or hardcopy form.
- "CMH" means: The Children’s Mercy Hospital, a Missouri Non-profit Corporation with a principal place of business in Kansas City, Missouri.
- "UTHSCSA" means: The University of Texas Health Science Center at San Antonio, an institution of The University of Texas System with offices at 7703 Floyd Curl Drive, San Antonio, Texas, 78229-3900.
- "Authoring Institutions" means: CMH and UTHSCSA.
- "You" and "Your" mean: the individual or organization that executes this Agreement.
- "The Work" means: the audiovisual work of authorship titled "Accidental and Inflicted Mechanisms of Injury in Children"
- Ownership and Marking
- The Work, and all intellectual property rights in The Work, are owned jointly by CMH and UTHSCSA and by no other party, and by executing this Agreement You acknowledge that joint ownership.
- When referring to The Work in business communications, You must include the marking "Copyright, 2010. The Children’s Mercy Hospital and the University of Texas Health Science Center at San Antonio. All rights reserved."
- Nothing in this Agreement gives You any owner's rights, title, or interest in The Work. The only rights granted are those in Section IV.
- License Grant and Restrictions
- Once this Agreement is executed and throughout the Term of this Agreement as described in Section VII, You have permission to:
- Display The Work, or portions of The Work, on computers and audiovisual systems on Your premises and under Your control; and
- Display The Work or otherwise make The Work viewable but only within Your role in health care, public safety, education, or the judicial system.
- Without the prior written permission of the Authoring Institutions, You are prohibited from:
- Modifying The Work, or any part of The Work;
- Making excerpts of The Work or separating The Work into two or more parts;
- Making copies of The Work in any form;
- Including The Work, or any part of The Work, in a compilation with other works of authorship;
- Distributing or displaying The Work or otherwise making The Work viewable or available to anyone else with whom You do not have a professional relationship related to accidental or inflicted injuries in children; or
- Removing the copyright notice or names of CMH or UTCHSCSA as owners of The Work and copyright in The Work.
- The grant of rights in this Agreement is not exclusive as CMH plans to grant similar rights to other parties.
- Representations and Disclaimer
- Authoring Institutions represent that The Work, and copyright in The Work, are jointly owned by CMH and UTHSCSA, and that CMH has the right to distribute The Work under the terms of this Agreement.
- UNLESS YOU AND THE AUTHORING INSTITUTIONS AGREE OTHERWISE IN WRITING, AUTHORING INSTITUTIONS OFFER THE WORK AS-IS AND OTHER THAN AS REPRESENTED IN SECTION V(A) AUTHORING INSTITUTIONS MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND REGARDING THE WORK: EXPRESS, IMPLIED, STATUTORY OR OTHERWISE; IN PARTICULAR, AUTHORING INSTITUTIONS MAKE NO WARRANTIES OF MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE, OR THE ABSENCE OF LATENT OR OTHER DEFECTS, ACCURACY, OR THE PRESENCE OF ABSENCE OF ERRORS, WHETHER OR NOT DISCOVERABLE.
- THE WORK DOES NOT ESTABLISH A STANDARD OF CARE TO BE FOLLOWED IN EVERY CASE. IT IS RECOGNIZED THAT EACH PATIENT SITUATION IS DIFFERENT, AND THOSE INDIVIDUALS INVOLVED IN PROVIDING HEALTH CARE ARE EXPECTED TO USE THEIR JUDGEMENT IN DETERMINING WHAT IS IN THE BEST INTERESTS OF THE PATIENT BASED ON THE CIRCUMSTANCES EXISTING AT THE TIME. IT IS IMPOSSIBLE TO ANTICIPATE ALL POSSIBLE SITUATIONS THAT MAY EXIST. ACCORDINGLY, THE WORK SHOULD GUIDE CARE WITH THE UNDERSTANDING THAT DEPARTURES FROM IT MAY BE REQUIRED AT TIMES.
- Limitation on Liability
- IN NO EVENT ARE AUTHORING INSTITUTIONS LIABLE TO YOU, OR THROUGH YOU TO ANY OTHER PARTY, ON ANY LEGAL THEORY FOR ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE USE OF THE WORK, EVEN IF AUTHORING INSTITUTIONS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
- CMH is entitled to charge a fee for granting You rights to The Work under this Agreement as described in the electronic application form. If it does, then this Agreement is not in force, and You have no rights under this Agreement, until that fee is paid. The schedule of fees is shown in the same place as the electronic application form for this Agreement.
- Term and Termination
- This Agreement takes effect, and Your rights under this Agreement begin, when You complete the electronic application form at http://www.childrensmercy.org/MIC and receive electronic notice that CMH accepted Your application. Until You receive that notice from CMH, You have no rights regarding The Work.
- If You breach any term or terms of this Agreement, this Agreement and Your rights under this Agreement terminate automatically and Authoring Institutions are entitled to seek additional remedies.
- Sections I, IV(B), V, VII and VIII survive any termination of this Agreement.
- A. Notices and inquiries regarding this Agreement or The Work should be directed to:
Children's Mercy Hospital
Randall L. O’Donnell, PhD, President and CEO
2401 Gillhan Rd
Kansas City, MO 64108
Office of Technology Development
Children's Mercy Hospital
2401 Gillhan Rd
Kansas City, MO 64108
- Compliance with Laws
- You agree to comply with all applicable laws and regulations regarding use of The Work.
- No Waiver: Any waiver of any term or condition of this Agreement by You or Authoring Institutions must be in writing. No waiver by either party of any term or condition of this Agreement or any breach thereof, in any one or more instances, shall be deemed or construed to be a subsequent waiver of such term or condition or any subsequent breach thereof.
- Severability: If any portion of this Agreement is determined to be or becomes unenforceable or illegal, that portion shall be deemed to be eliminated and the remainder of this Agreement shall remain in effect according to its terms as modified by the deletion.
- No Use of Name: Without the prior written permission of the respective Institution, You may not use the abbreviated or full name of CMH or of the UTHSCSA, other than to make factual statements that You obtained The Work under an agreement with CMH.
- Entire Agreement: This Agreement contains the entire agreement between You and CMH regarding The Work.
- No Assignment. You may not assign this Agreement unless you first receive written permission from CMH.
- Governing Law. This Agreement shall be interpreted in accordance with the laws of the State of Missouri.