User Content and Patient Information Clause Samples
User Content and Patient Information
Patient Information Each Party agrees to abide by all laws, rules, regulations, and orders of all applicable supranational, national, federal, state, provincial, and local governmental entities concerning the confidentiality or protection of patient identifiable information and/or patients’ protected health information, as defined by any other applicable legislation in the course of their performance under this Agreement.
Client Information Protected Health Information in any form including without limitation, Electronic Protected Health Information or Unsecured Protected Health Information (herein “PHI”);
Product Information EPIZYME recognizes that by reason of, inter alia, EISAI’s status as an exclusive licensee in the EISAI Territory under this Agreement, EISAI has an interest in EPIZYME’s retention in confidence of certain information of EPIZYME. Accordingly, until the end of all Royalty Term(s) in the EISAI Territory, EPIZYME shall keep confidential, and not publish or otherwise disclose, and not use for any purpose other than to fulfill EPIZYME’s obligations, or exercise EPIZYME’s rights, hereunder any EPIZYME Know-How Controlled by EPIZYME or EPIZYME Collaboration Know-How, in each case that are primarily applicable to EZH2 or EZH2 Compounds (the “Product Information”), except to the extent (a) the Product Information is in the public domain through no fault of EPIZYME, (b) such disclosure or use is expressly permitted under Section 9.3, or (c) such disclosure or use is otherwise expressly permitted by the terms and conditions of this Agreement. For purposes of Section 9.3, each Party shall be deemed to be both the Disclosing Party and the Receiving Party with respect to Product Information. For clarification, the disclosure by EPIZYME to EISAI of Product Information shall not cause such Product Information to cease to be subject to the provisions of this Section 9.2 with respect to the use and disclosure of such Confidential Information by EPIZYME. In the event this Agreement is terminated pursuant to Article 12, this Section 9.2 shall have no continuing force or effect, but the Product Information, to the extent disclosed by EPIZYME to EISAI hereunder, shall continue to be Confidential Information of EPIZYME, subject to the terms of Sections 9.1 and 9.3 for purposes of the surviving provisions of this Agreement. Each Party shall be responsible for compliance by its Affiliates, and its and its Affiliates’ respective officers, directors, employees and agents, with the provisions of Section 9.1 and this Section 9.2.
THIRD-PARTY CONTENT, SERVICES AND WEBSITES 10.1 The Services may enable You to link to, transfer Your Content or Third Party Content to, or otherwise access, third parties’ websites, platforms, content, products, services, and information (“Third Party Services”). Oracle does not control and is not responsible for Third Party Services. You are solely responsible for complying with the terms of access and use of Third Party Services, and if Oracle accesses or uses any Third Party Services on Your behalf to facilitate performance of the Services, You are solely responsible for ensuring that such access and use, including through passwords, credentials or tokens issued or otherwise made available to You, is authorized by the terms of access and use for such services. If You transfer or cause the transfer of Your Content or Third Party Content from the Services to a Third Party Service or other location, that transfer constitutes a distribution by You and not by Oracle. 10.2 Any Third Party Content we make accessible is provided on an “as-is” and “as available” basis without any warranty of any kind. You acknowledge and agree that we are not responsible for, and have no obligation to control, monitor, or correct, Third Party Content. We disclaim all liabilities arising from or related to Third Party Content. 10.3 You acknowledge that: (i) the nature, type, quality and availability of Third Party Content may change at any time during the Services Period, and (ii) features of the Services that interoperate with Third Party Services such as Facebook™, YouTube™ and Twitter™, etc., depend on the continuing availability of such third parties’ respective application programming interfaces (APIs). We may need to update, change or modify the Services under this Agreement as a result of a change in, or unavailability of, such Third Party Content, Third Party Services or APIs. If any third party ceases to make its Third Party Content or APIs available on reasonable terms for the Services, as determined by us in our sole discretion, we may cease providing access to the affected Third Party Content or Third Party Services without any liability to You. Any changes to Third Party Content, Third Party Services or APIs, including their unavailability, during the Services Period does not affect Your obligations under this Agreement or the applicable order, and You will not be entitled to any refund, credit or other compensation due to any such changes.
User Content (A) You understand that any upload, comment or post made on the GoodNotes Platform is not private or confidential and can be read and used by other users. However, you remain the owner of your User Content and, subject to the licences granted below, you have the right to continue to use your User Content in any way you may choose. (B) You hereby waive any rights of privacy and publicity or any other rights of a similar nature in connection with use of your User Content, or any portion thereof as authorized by these Terms. (C) By uploading, posting, sharing or displaying any information, messages, content or material (“User Content”) on the GoodNotes Platform or providing any User Content to us or our representative(s), and to the extent permitted under applicable laws, you grant us a non-exclusive irrevocable, perpetual, worldwide, royalty-free, and sub-licensable licence to display, store, transmit, distribute, reproduce, publish, duplicate, adapt, modify, translate, create derivative works, and otherwise use any or all of your User Content in any form, media, or technology now known or not currently known in any manner and for any purpose which may be beneficial to providing current or future GoodNotes services and/or the operation, promotion or improvement of the GoodNotes Platform. You confirm and warrant to us that you have all the rights, power and authority necessary to grant the above licence. (D) [You grant all Registered Members, Unregistered Users and all other users of the platform a non-exclusive, worldwide, royalty-free licence to access your User Content through the GoodNotes Platform, and to use your User Content, [including to reproduce, distribute, prepare derivative works, display, and perform it], only as permitted by the functionality of the GoodNotes Platform. For clarity, this licence does not grant any rights or permissions for a user to make use of your User Content independent of the GoodNotes Platform and as set out in clause 6.3] (E) You represent, warrant and agree that (a) you shall be solely responsible for obtaining all necessary third party licences and permissions regarding any User Content that you submit, post or display; (b) any User Content that you submit, post or display does not infringe or violate any of the copyright, patent, trademark, trade name, trade secrets or any other personal or proprietary rights of any third party (“Third Party Rights”). (F) We do not endorse, edit, verify, actively monitor, moderate, or otherwise certify User Content created, submitted, uploaded, posted or displayed by any user of the GoodNotes Platform. You are solely responsible for, and may be held legally liable or accountable for, the User Content you post or display on the GoodNotes Platform. As such, you agree that we are not responsible, and shall have no liability to you or anyone else for any User Content or other material transmitted through the GoodNotes Platform, including infringing, fraudulent, untrue, misleading, inaccurate, defamatory, offensive or illicit material and that the risk of damage from such User Content or other material rests entirely with you. We are not responsible and shall have no liability to you or anyone else for any act or omission of any user of the GoodNotes Platform. (G) We reserve the right in our sole discretion to remove, disable access to, modify or reject any User Content that you submit to, post or display on the GoodNotes Platform which we reasonably believe is unlawful, violates these Terms, could subject us or our affiliates to liability, or is otherwise found inappropriate in our sole discretion. (H) You understand and agree that if you delete your account, it may not be possible to completely delete your User Content from the GoodNotes Platform, and that your User Content may remain viewable elsewhere as part of the platform.