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Terms of Service for InterSystems Learning & Sandbox Experiences

These Terms of Service (“Terms”) and the InterSystems Privacy Statement on the InterSystems corporate website govern your access and use of this sample, experiential, learning, proof-of-concept, or demonstration environment available from InterSystems (“InterSystems Learning & Sandbox Experience”).

You agree that you are responsible for your own use of InterSystems Learning & Sandbox Experience. This assertion includes and relates to all content submitted, posted, published or distributed by you, including but not limited to any file uploads, forum posts, chat logs, and site usage records regardless of their form or character. You further agree that you will use InterSystems Learning & Sandbox Experience in compliance with these Terms, any other terms identified herein, as well as any applicable law, regulation, or pre-existing contractual relationship.

We may revise and update these Terms from time to time, at our sole discretion. All changes to the Terms shall become effective immediately following the posting of such updated Terms. Your continued use of InterSystems Learning & Sandbox Experience following the revision of any Terms shall indicate your acceptance of the updated Terms.

Prohibited Material

Except as otherwise stated within these Terms, the following are strictly prohibited:

  • Patient data, including personal information or personal data, such as Protected Health Information;
  • Personal information to be used in processing;
  • Content that defames, harasses or threatens others;
  • Content that discusses illegal activities with the intent to commit them;
  • Content that infringes another’s intellectual property, including, but not limited to, copyrights or trademarks;
  • Profane, pornographic, obscene, indecent or unlawful content;
  • Advertising or any form of commercial solicitation;
  • Content related to partisan political activities;
  • “Malware”, defined herein as viruses, Trojan horses, worms, time bombs, corrupted files, spyware or any other similar software that may damage the operation of another’s computer or property; and
  • Content that contains intentionally inaccurate information or that is posted with the intent of misleading others.

As a condition of your use of InterSystems Learning & Sandbox Experience, you must not use InterSystems Learning & Sandbox Experience in any manner intended to damage any network(s) or network resource(s) connected to InterSystems Learning & Sandbox Experience or to interfere with any other party’s use and enjoyment of InterSystems Learning & Sandbox Experience. You must not attempt to gain unauthorized access to InterSystems Learning & Sandbox Experience, any resources and materials supplied through InterSystems Learning & Sandbox Experience, or to any accounts or user material belonging to other users on InterSystems Learning & Sandbox Experience, except as explicitly allowed by these Terms.

Registration for InterSystems Learning & Sandbox Experience requires that you provide your name, an email address, and a user password. Your registration is intended solely for your use. You must not share access to your User Account with anyone else or access your User Account with any third party for any reason. You may be prompted to enter additional optional information (e.g., your address, occupation, etc.). You are not required to enter any optional information, but by choosing to enter information into your User Account, you represent that all information you provide is accurate. You agree not to misrepresent or attempt to misrepresent your identity while using InterSystems Learning & Sandbox Experience.  You further agree to keep any User Account information updated and accurate.

Except to the extent such information may be in the public domain or licensed from a third-party, the content on InterSystems Learning & Sandbox Experience is owned by InterSystems Corporation and is protected by the copyright, trademark, trade secret, and any other intellectual property or proprietary laws of the United States as well as other nations. Unless otherwise expressly stated on InterSystems Learning & Sandbox Experience, all content (texts, documents, video, images, posts, comments, and other instructional materials provided for the benefit of course offerings or the management of InterSystems Learning & Sandbox Experience) is for your personal, developmental use only, such that no commercial or production uses are permitted hereunder. You may not commercially exploit InterSystems Learning & Sandbox Experience for personal benefit, nor may you reverse engineer, reproduce, distribute, modify, create derivative works, publicly display, publicly perform, republish, or transmit any content from InterSystems Learning & Sandbox Experience, expect as permitted by these Terms.  No right, title, or interest in or to InterSystems Learning & Sandbox Experience or any content on InterSystems Learning & Sandbox Experience is transferred to you other than those expressly set forth herein, and all rights not expressly granted are reserved by InterSystems Corporation.

Notwithstanding the foregoing, some material on InterSystems Learning & Sandbox Experience is governed by licenses issued through third parties. This “Licensed Content” may have special restrictions, which shall be described in text attached to the Licensed Content or on the same page. Information regarding any third party material can found on the InterSystems FHIR® Sandbox Third Party content page. By using InterSystems Learning & Sandbox Experience you agree to observe and accommodate such restrictions. Because you may use or retain some material on InterSystems Learning & Sandbox Experience in accordance with these Terms of Service, by using InterSystems Learning & Sandbox Experience you also agree to maintain all copyright notices or other notices (including special restrictions) on any content you obtain from InterSystems Learning & Sandbox Experience. All rights in InterSystems Learning & Sandbox Experience and its content, if not expressly granted, are reserved.

Any InterSystems or third party material that are available for download from InterSystems Learning & Sandbox Experience is copyrighted property of InterSystems and/or such third party. Any reproduction, distribution, performance, display, use, or creation of derivative works of such downloaded software shall be governed by the terms of a separate agreement.

User Submitted Content

All contributions to InterSystems Learning & Sandbox Experience shall comply with the requirements of these Terms, and shall not contain any of the Prohibited Materials set forth herein.

By submitting any material to InterSystems Learning & Sandbox Experience, you grant to InterSystems a worldwide, non-exclusive, transferable, assignable, sub licensable, fully paid-up, royalty-free, perpetual, irrevocable right and license to host, transfer, display, perform, reproduce, modify, distribute, re-distribute, relicense and otherwise use, make available and exploit your submitted material, in whole or in part, in any form and in any media formats and through any media channels (now known or hereafter developed). The grant of rights in the former sentence shall include a grant of permission for other users of InterSystems Learning & Sandbox Experience to use your submitted material in accordance with these Terms of Service, as well.

By submitting or uploading material to InterSystems Learning & Sandbox Experience, you represent and warrant that you have the necessary rights (through license, consent or permission) to submit the material as well as grant to InterSystems, and any other users of InterSystems Learning & Sandbox Experience, a right to use and/or distribute your submission in accordance with these Terms of Service. You further represent that neither your submission of the material nor the use of the material through InterSystems Learning & Sandbox Experience shall infringe or violate the rights of or your obligations to any third party and that such submission and any related processing complies with applicable laws, including but not limited to, the General Data Protection Regulation (Regulation (EU) 2016/679) (“GDPR”) and the Health Insurance Portability and Accountability Act (“HIPAA”) with the associated rules. You, and not InterSystems, are solely responsible for your submission on InterSystems Learning & Sandbox Experience.

User Generated Applications

Subject to the Terms, you may be able to create and upload your own software application for use in conjunction with InterSystems Learning & Sandbox Experience (“User Generated Application”). As between you and InterSystems, you shall own all right, title, and interest in and to the User Generated Application, provided however that you shall grant to InterSystems a worldwide, non-exclusive, transferable, assignable, sub licensable, fully paid-up, royalty-free, perpetual, irrevocable right and license to host, transfer, display, perform, reproduce, modify, distribute, re-distribute, relicense and otherwise use, make available and exploit your User Generated Application, in whole or in part, in any form and in any media formats and through any media channels (now known or hereafter developed). In the event InterSystems wishes to make such User Generated Application available to third parties for use on InterSystems Learning & Sandbox Experience, the grant of rights in the former sentence shall include a grant of permission for other users of InterSystems Learning & Sandbox Experience to use your submitted material in accordance with these Terms of Service, as well.

In uploading any User Generated Application to InterSystems Learning & Sandbox Experience, you hereby represent and warrant that you have the necessary rights (through license, consent or permission) to submit the User Generated Application, as well as to grant to InterSystems, and any other users of InterSystems Learning & Sandbox Experience, a right to use and/or distribute your submission in accordance with these Terms. You further represent that neither your submission of the User Generated Application, nor the use of the User Generated Application through InterSystems Learning & Sandbox Experience shall infringe or violate the rights of or your obligations to any third party.

InterSystems does not endorse or have any control over User Generated Applications and shall have no liability, whatsoever, in connection with or arising therefrom. You, and not InterSystems, are solely responsible for your submission of the User Generated Application on InterSystems Learning & Sandbox Experience. InterSystems may also, at any given time, at its sole discretion, remove any User Generated Application that does not comply with these Terms, with or without notice to you.

Trademarks

Use of any InterSystems Trademarks and Service Marks (“Trademarks”) is prohibited except with the owner’s prior written consent. You may not use any of InterSystems Trademarks, or any variations thereof, for promotional purposes, or in any way that deliberately or inadvertently claims, suggests or, in InterSystems’ sole discretion, gives the appearance or impression of a relationship with or endorsement by these institutions.

All Trademarks not owned by InterSystems that appear on InterSystems Learning & Sandbox Experience are the property of their respective owners. Nothing contained on InterSystems Learning & Sandbox Experience should be construed as granting, whether by implication, estoppel or any other theory, any license or right to use any Trademark displayed on InterSystems Learning & Sandbox Experience without the written permission of the owner of the applicable Trademark.

Google Analytics

IRIS Learning Lab uses Google Analytics, a web analytics service provided by Google, Inc. (“Google”). The information generated by the cookie about your use of the IRIS Learning Lab (including your IP address) will be transmitted to and stored by Google on servers in the United States. Google will use this information for our benefit for the purpose of evaluating your use of IRIS Learning Lab, compiling reports on IRIS Learning Lab activity, and providing other services relating to this site’s activity and internet usage. Google may also transfer this information to third parties where required to do so by law, or where such third parties process the information on Google’s behalf. Google will not associate your IP address with any other data held by Google.  Further information about Google’s privacy policy may be obtained from http://www.google.com/privacy.html.

Disclaimers of Warranty / Limitations of Liabilities

THE INTERSYSTEMS IRIS LEARNING LAB AND ANY INFORMATION, CONTENT OR SERVICES MADE AVAILABLE ON OR THROUGH THE INTERSYSTEMS IRIS LEARNING LAB ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND (EXPRESS, IMPLIED OR OTHERWISE), INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, EXCEPT INSOFAR AS ANY SUCH IMPLIED WARRANTIES MAY NOT BE DISCLAIMED UNDER APPLICABLE LAW.

INTERSYSTEMS (INCLUDING ITS SUBSIDIARIES) DOES NOT WARRANT THAT THE INTERSYSTEMS IRIS LEARNING LAB WILL OPERATE IN AN UNINTERRUPTED OR ERROR-FREE MANNER, THAT THE INTERSYSTEMS IRIS LEARNING LAB IS FREE OF VIRUSES, VULNERABLITIES, OR OTHER HARMFUL COMPONENTS, OR THAT THE INTERSYSTEMS IRIS LEARNING LAB OR CONTENT PROVIDED THEREON WILL MEET YOUR NEEDS OR EXPECTATIONS. INTERSYSTEMS MAKES NO WARRANTY ABOUT THE ACCURACY, COMPLETENESS, TIMELINESS, OR QUALITY OF THE INTERSYSTEMS IRIS LEARNING LAB OR ANY CONTENT PROVIDED THEREON, OR THAT ANY PARTICULAR CONTENT WILL CONTINUE TO BE MADE AVAILABLE.

USE OF THE INTERSYSTEMS IRIS LEARNING LAB, AND THE CONTENT AND SERVICES OBTAINED FROM OR THROUGH THE INTERSYSTEMS IRIS LEARNING LAB, IS AT YOUR OWN RISK. YOUR ACCESS TO, SUBMISSION OF OR DOWNLOAD OF INFORMATION, MATERIALS OR DATA THROUGH THE INTERSYSTEMS IRIS LEARNING LAB IS AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING YOUR COMPUTER SYSTEM) OR LOSS OF DATA (INCLUDING DATA BREACH) THAT RESULTS FROM THE SUBMISSION, DOWNLOAD, USE OR PROCESSING OF SUCH MATERIAL OR DATA, UNLESS OTHERWISE EXPRESSLY PROVIDED FOR IN THESE TERMS OF SERVICE.

User Content Disclaimer. You understand that when using InterSystems Learning & Sandbox Experience you may be exposed to User Content, including User Generated Applications from a variety of sources and that InterSystems is not responsible for the accuracy, usefulness, reliability or intellectual property rights of or relating to such User Content. You further understand and acknowledge that you may be exposed to User Content that is inaccurate, offensive, defamatory, indecent or objectionable and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against InterSystems with respect thereto. InterSystems does not endorse any User Content or any opinion, recommendation or advice expressed therein. InterSystems has no obligation to monitor any User Content or any other user communications through InterSystems Learning & Sandbox Experience.

However, InterSystems reserves the right to review User Content and to exercise its sole discretion to edit or remove, in whole or in part, any User Content at any time and for any reason. Without limiting the foregoing, upon receiving notice from a user or a content owner that User Content allegedly does not conform to these Terms, InterSystems may investigate the allegation and determine in its sole discretion whether to remove the User Content, which it reserves the right to do at any time and without notice.

Links to Other Sites. The InterSystems IRIS Learning Lab may include hyperlinks to sites maintained or controlled by others. InterSystems is not responsible for and does not routinely screen, approve, review or endorse the contents of or use of any of the products or services that may be offered at these sites. If you decide to access linked third-party websites, you do so at your own risk.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE THAT INTERSYSTEMS WILL NOT BE LIABLE TO YOU FOR ANY LOSS OR DAMAGES, EITHER ACTUAL OR CONSEQUENTIAL, ARISING OUT OF OR RELATING TO THESE TERMS OF SERVICE, OR YOUR (OR ANY THIRD PARTY’S) USE OF OR INABILITY TO USE THE INTERSYSTEMS IRIS LEARNING LAB, OR YOUR PLACEMENT OF CONTENT ON THE SITE, OR YOUR RELIANCE UPON INFORMATION OBTAINED FROM OR THROUGH THE INTERSYSTEMS IRIS LEARNING LAB, WHETHER YOUR CLAIM IS BASED IN CONTRACT, TORT, STATUTORY OR OTHER LAW.

IN PARTICULAR, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, INTERSYSTEMS SHALL HAVE NO LIABILITY FOR ANY CONSEQUENTIAL, INDIRECT, PUNITIVE, SPECIAL, EXEMPLARY OR INCIDENTAL DAMAGES, WHETHER FORESEEABLE OR UNFORESEEABLE AND WHETHER OR NOT INTERSYSTEMS HAS BEEN NEGLIGENT OR OTHERWISE AT FAULT (INCLUDING, BUT NOT LIMITED TO, CLAIMS FOR DEFAMATION, ERRORS, LOSS OF PROFITS, LOSS OF DATA OR INTERRUPTION IN AVAILABILITY OF DATA).

CERTAIN LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

Indemnification

You agree to defend, hold harmless and indemnify InterSystems and its subsidiaries, affiliates, officers, instructors, students, agents, and employees from and against any third-party claims, actions or demands arising out of, resulting from or in any way related to your use of InterSystems Learning & Sandbox Experience including any liability or expense arising from any and all claims, losses, damages (actual and consequential), suits, judgments, litigation costs and attorneys’ fees, of every kind and nature. In such a case, InterSystems will provide you with written notice of such claim, suit or action.

Miscellaneous

You agree that InterSystems, at its sole discretion, may terminate your use of InterSystems Learning & Sandbox Experience or your participation in it, for any reason or no reason, upon notice to you. InterSystems reserves the right at any time and in its sole discretion to cancel, delay, reschedule or alter the format of any content offered through InterSystems Learning & Sandbox Experience or to cease providing any part or all of the content or related services, and you agree that InterSystems has no liability to you for such an action. If you no longer desire to participate in InterSystems Learning & Sandbox Experience, you may terminate your participation at any time. The rights granted to you hereunder will terminate upon any termination of your right to use InterSystems Learning & Sandbox Experience, but the other provisions of these Terms of Service will survive any such termination.

These Terms of Service, the Privacy Statement together with any other documentation issued by InterSystems constitute the entire agreement between you and InterSystems with respect to your use of and conduct on InterSystems Learning & Sandbox Experience.

The failure of InterSystems to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms of Service is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties intentions as reflected in the provision and the other provisions of these Terms of Service shall remain in full force and effect.

You agree that these Terms of Service and any claim or dispute arising out of or relating to these Terms of Service or any content or service obtained from or through the Site will be governed by the laws of the Commonwealth of Massachusetts, excluding its conflicts of law provisions. You agree that all such claims and disputes will be heard and resolved exclusively in the federal or state courts located in and serving Cambridge, Massachusetts, U.S.A. You consent to the personal jurisdiction of those courts over you for this purpose, and you waive and agree not to assert any objection to such proceedings in those courts (including any defense or objection of lack of proper jurisdiction or venue or inconvenience of forum).

Updated: May 31, 2019