Disclaimer and Terms of Use

 

Disclaimer:

This website and the contents and videos presented on it are for evaluation purposes only. They are not intended for use with patients nor should they be considered as medical advice or serve as a basis for diagnosis or recommendation for treatment. Milner-Fenwick does not warrant the adequacy, accuracy, timeliness, or suitability of the information contained on this website nor does it endorse any products featured here.

 

Terms of Use:

Terms of Use for Milner-Fenwick Products

Your use of the products (“Videos”) purchased and/or licensed from Milner-Fenwick (“Publisher”) on this shopping cart constitutes your acknowledgement and agreement to all of the terms and conditions contained below (“Terms of Use”). Milner-Fenwick is the Publisher and you, the user, are the Licensee. You hereby agree to the following Terms of Use.

DVD PURCHASE (Single Play Device License):

All Milner-Fenwick videos including DVDs and other selected media are sold for use on a single play device (DVD player, computer, preloaded tablet, etc). They may not be broadcast in any manner without securing additional broadcast rights—see section below.

Copyright: All content contained on the Videos purchased from Publisher are the property of Publisher are protected by copyright and trademark laws. Licensee has no ownership of the Videos and may not copy, modify or create derivative work of the Videos

Public Performance Rights: All Videos include full protection for public performances. A public performance is a non-theatrical performance of a Video, without charge, outside the home to a gathering of people normally found in locations such as hospitals, corporations, schools, and libraries. Public performance rights do not include any type of broadcast rights

STANDARD BROADCAST LICENSE FOR SINGLE HOSPITAL:

(Applies to those clients who add this option to their purchase)

Note: Licensee must buy a copy of each Video it wishes to broadcast

Broadcast Rights: The Licensee may broadcast the Videos over its CCTV system (closed circuit television) and Patient Channel, on-demand video systems and bedside delivery platforms, intranet delivery (restricted to a single facility use) and tablets use. Publisher grants to the Licensee a limited, non-exclusive, revocable license to use the Videos. Licensee is authorized to broadcast the Videos within a single hospital facility only. For purposes of clarity, a single hospital facility shall be defined as the main hospital building and adjoining buildings within the same campus. Any other location for use including satellite offices and facilities, and freestanding doctors offices and clinics is prohibited. 

Any use not authorized or not specifically in conformity with these Terms of Use is specifically excluded and will be considered an infringing use subject to prosecution. No editing or repurposing of the Programs is allowed without written consent of Milner-Fenwick. No commercial advertisement shall be added to the Programs without Milner-Fenwick’s consent. 

Term: The term of this License shall be concurrent with the length of the license chosen by the Licensee (i.e. 1 year, 3 year, or other agreed upon term) ("Term"). Upon expiration, non-renewal, or any termination of the license, all Licensee's rights to use the Videos shall cease, except for the continued use allowed for physical copies of the Videos such as DVDs. All Videos must be erased or deleted off all digital devices within one week after the termination of this Agreement. 

License Renewal: This agreement will automatically renew for the same period of time at the current prevailing broadcast fees unless either party notifies the other in writing with 60 days of the original license expiration date of it decision to terminate this license. 

Protection of Videos: Licensee agrees to take reasonable action to restrict circulation of the Videos and implement and maintain reasonable physical and data security measures to safeguard against unauthorized third-party access to the Videos. Upon reasonable notice, Licensee will allow Milner-Fenwick the right to a site audit to ensure that the use of the Videos is in compliance with the licensed terms. 

Any third party enlisted Licensee to copy, load and or deliver the Videos on Licensee’s delivery platform (CCTV, on-demand system, etc) shall be required to sign Publisher’s Standard Supplier Agreement. Licensee is entitled to make one digitally encoded copy of each licensed Video for installation purposes only.

Termination of Broadcast Rights: Upon termination of any license agreement, the customer agrees to cease broadcast of all licensed videos and to destroy all video and digital copies on file. Upon termination of the broadcast license, non-renewal, or any termination of the license including material breach, all Licensee's rights to use the Videos shall cease, except for the continued use allowed for physical copies of the Videos such as DVDs. All Videos must be erased or deleted off all digital devices and channels upon termination of this Agreement. 


A material breach of the Agreement by either party shall be grounds for accelerated Termination requiring 30 days notice. Notice shall be given by certified mail return receipt requested. Milner-Fenwick shall have the right, at its election, to terminate the Agreement for various reasons including but not limited to the following: if Licensee fails to make any payment properly due hereunder within receipt of notice of delinquency; if Licensee provides unauthorized copies of the Videos; if customer assigns or attempts to assign any of it’s rights under this Agreement to any third party without the consent of Milner-Fenwick; if Licensee files or has filed against it a Petition of Bankruptcy or should be filed by any third party in any court having jurisdiction for the appointment of a received for customer’s affairs. 

Miscellaneous: Publisher reserves the right to refuse service and terminate accounts at its sole discretion. Publisher's rights, including but not limited to all rights of remedy for Licensee's breaches under this Agreement, shall continue in perpetuity. Publisher reserves the right to change, modify, add, or remove portions of these Terms of Use or this service at any time. Pricing, product features and specifications, and product title library are all subject to change without notice. No delay or failure of Publisher to take action under these Terms of Use will constitute a waiver by Publisher, unless expressly waived in writing by Publisher. Any License to use the Videos conveyed to the Licensee is not transferable. 
 Licensee hereby consents to the jurisdiction of the state and federal courts located in Maryland in a legal action by one party against the other. If any provision in this Agreement is found to be invalid, void, or unenforceable, the remaining provisions will nevertheless continue in full force and effect provided the original intent of the parties can be fulfilled.

OTHER LICENSES AVAILABLE:

Please inquire regarding other broadcasting and web use licensing opportunities including HealthClips® WebExpress, multi-hospital systems, and solutions for other types of health and medical companies.

These Terms of Use constitutes the complete agreement of the parties and contains the entire understanding of the parties hereto relating to the Videos, supersedes any prior written or oral agreement or understandings between the parties with respect to the Videos, and cannot be changed or terminated orally. Only a writing specifically referencing these Terms of Use and signed by the parties hereto may amend them.

 


Questions or Suggestions on this document or policies contained within should be directed to: 


Milner-Fenwick, 
119 Lakefront Dr., 
Hunt Valley, MD 21030
, 410 252-1700, 
www.milner-fenwick.com.

 

Publisher’s Disclaimer
Publisher makes no warranty whatsoever, including without limitation: as to the accuracy, reliability, availability, suitability, quality, or operation of any information, software, or service provided. Publisher and all information, products and other Videos (including third party information, products and content) included in or accessible from Publisher’s Videos are provided "as is" and without warranties of any kind (express, implied and statutory, including but not limited to the warranties of title and non-infringement and the implied warranties of merchant-ability and fitness for a particular purpose), all of which Publisher disclaims to the fullest extent permitted by law. Licensee's use of the Videos is at Licensee's sole risk.

 

 

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