USER AGREEMENT


    Welcome to the University of Florida EAGLE Documentation site (the "site"). By using the site, you agree to follow and be bound by the following terms and conditions concerning your use of the site ("User Agreement") and our Privacy Policy. The User Agreement and Privacy Policy may be revised at any time without notice.

    1. Use of Web Site Information
    2. You may download, view, copy and print material (i.e., documents and graphics) from the site subject to the following: (a) the material may be used solely for personal, informational, non-commercial purposes; and (b) the material may not be modified or altered in any way. Except where your use constitutes "fair use" under copyright law, you may not otherwise use, download, upload, copy, print, display, perform, reproduce, publish, license, post, transmit or distribute any information from this Web site in whole or in part without the express authorization of the University of Florida Office of Technology Licensing or InteQuest, which has been licensed by the University of Florida to market EAGLE and its related products.

    3. Use of Software
    4. Any use of software and accompanying documentation you download from the site is subject to the terms of a software license agreement between you and the University of Florida. You must read the license agreement and indicate your agreement to its terms prior to installing or using the software. All rights, title and interest not expressly granted are reserved.

    5. Use of Forums and Public Communication
    6. "Forum" means a discussion group, chat area, bulletin board, news group, letter to the University of Florida, its webmaster or employees, or e-mail function offered as part of the site. You agree not to upload, email, post, publish or otherwise transmit through a Forum any content that: (a) is deliberately false or misleading; (b) is defamatory; (c) is harassing or an invasion of privacy; (d) promotes bigotry, racism, hatred or harm against any group or individual; (e) is indecent, pornographic, obscene, objectionable or offensive; (f) infringes another's rights, including but not limited to intellectual property rights; (g) constitutes unsolicited bulk e-mail, "junk mail," "spam" or chain letters; (h) is protected by copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy, without express written permission of the owner of such right; or (i) violates any applicable laws or regulations. Forums shall be used in a noncommercial manner only. You shall not distribute or otherwise publish any content containing a solicitation of funds, promotion, advertising, solicitation for goods or services, or other commercial matter. You agree not to solicit other users of the site to use or join or become members of any commercial online or offline service or other organization. Except where expressly authorized by the University of Florida, you agree not to collect or store personal data about other users. By uploading, emailing, posting, publishing or otherwise transmitting content to any Forum or submitting any content to the University of Florida, you automatically grant (or warrant that the owner of such rights has expressly granted) the University of Florida a perpetual, royalty-free, irrevocable, nonexclusive right and license to use, reproduce, modify, adapt, publish, transmit and distribute such content on in any form, medium, or technology now known or later developed. In addition, you warrant that all so-called moral rights in the content have been waived.

    7. Passwords and Security
    8. You are responsible for maintaining the confidentiality of any password(s) you are given to access the site, and are fully responsible for all activities that occur under your password(s). You agree to notify the University of Florida immediately of any unauthorized use of your password(s). The University of Florida is concerned about the security of personal information we have collected from you and has taken reasonable steps to prevent unauthorized access to that information.

    9. Termination of Use
    10. You agree that the University of Florida may, in its sole discretion, at any time terminate your access to the site and any account(s) you may have in connection with the site. Access to the site may be monitored by the University of Florida and/or Shands HealthCare.

    11. Third Party Web Sites, Content, Products and Services
    12. If the site provides links to Web sites and access to content, products and services from third parties, including users, affiliates and sponsors of the site, you agree that the University of Florida is not responsible for the availability of, and content provided on, third party Web sites. You should refer to the policies posted by other Web sites regarding privacy and other topics before you use them. You agree that the University of Florida is not responsible for third party content accessible through the site, including opinions, advice, statements and advertisements, and understand that you bear all risks associated with the use of such content. If you choose to purchase any products or services from a third party, your relationship is directly with the third party. You agree that the University of Florida is not responsible for: (a) the quality of third party products or services; and (b) fulfilling any of the terms of your agreement with the seller, including delivery of products or services and warranty obligations related to purchased products or services. You agree that the University of Florida is not responsible for any loss or damage of any sort you may incur from dealing with any third party.

    13. Disclaimer of Warranties
    14. EXCEPT WHERE EXPRESSLY PROVIDED OTHERWISE, THE SITE, AND ALL CONTENT, MATERIALS, INFORMATION, SOFTWARE, PRODUCTS AND SERVICES PROVIDED ON THE SITE, ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. The University of Florida EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. The University of Florida MAKES NO WARRANTY THAT: (A) THE SITE WILL MEET YOUR REQUIREMENTS; (B) THE SITE WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE OR ANY SERVICES OFFERED THROUGH THE SITE WILL BE ACCURATE OR RELIABLE; OR (D) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SITE WILL MEET YOUR EXPECTATIONS. ANY CONTENT, MATERIALS, INFORMATION OR SOFTWARE DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK. The University of Florida SHALL HAVE NO RESPONSIBILITY FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY CONTENT, MATERIALS, INFORMATION OR SOFTWARE. The University of Florida RESERVES THE RIGHT TO MAKE CHANGES OR UPDATES TO THE SITE AT ANY TIME WITHOUT NOTICE.

    15. Limitation of Liability
    16. IN NO EVENT SHALL the University of Florida BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, OR DAMAGES FOR LOSS OF PROFITS, REVENUE, DATA OR USE, INCURRED BY YOU OR ANY THIRD PARTY, WHETHER IN AN ACTION IN CONTRACT OR TORT, ARISING FROM YOUR ACCESS TO, OR USE OF, THE SITE. YOU ACKNOWLEDGE THAT THE SOLE REMEDY FOR ANY DAMAGES CAUSED OR ALLEGEDLY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, OR OTHER CAUSE ASSOCIATED WITH THE SITE, SHALL BE TO TERMINATE SUCH USER'S MEMBERSHIP, IF APPLICABLE, REMOVE ANY INFORMATION PROVIDED BY THE USER TO THE UNIVERSITY OF FLORIDA, AND DISCONTINUE FURTHER USE OF THE SITE.

    17. Indemnity
    18. You agree to defend, indemnify and hold harmless the University of Florida, its officers, directors, employees, agents and licensees from and against any and all claims, liabilities, damages, losses or expenses, including reasonable attorneys' fees and costs, arising out of or in any way connected with your access to or use of the site.

    19. Export Restrictions/Legal Compliance
    20. You agree to comply with U.S. law regarding transmission/export of technical data through the use of this site.

    21. Applicable Laws
    22. This site (excluding linked sites) is controlled by the University of Florida, whose main campus is located in Gainesville, Florida. It can be accessed by all 50 states, as well as from countries around the world. As each of those locations has laws that may differ from those of Florida, by accessing this site both you and the University of Florida agree that the statutes and laws of the United States and of the state of Florida, without regard to the conflicts of laws and principles thereof, shall apply to all matters arising from or relating to your access to, and use of, the site. Any legal action or proceeding arising from or relating to your access to, or use of, the site shall be instituted in Alachua County in Florida. You and the University of Florida agree to submit to the jurisdiction of, and agree that venue is proper in, these courts in any such legal action or proceeding.

    23. Copyright/Trademark Information
    24. The works of authorship contained in this site, including but not limited to all design, text and images, are owned or licensed by the University of Florida, and may not be copied, reproduced, transmitted, displayed, performed, distributed, rented, sublicensed, altered, stored by subsequent use or otherwise used in whole or in part in any manner prohibited by this User Agreement without the University of Florida's prior express written consent.




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