Prior to accessing the CDR®, you must review and agree to the following terms and conditions on behalf of yourself and/or, if applicable, your employer (“Licensee”). Washington University (“WU”) grants permission to use and reproduce the CDR® without modification or editing of any kind, solely for (1) patient care purposes, defined as an individual’s use of the CDR for non-research patient care services, specifically excluding use in clinical trials, product promotion, and/or electronic medical/health records (EMR/EHR), and (2) non-commercial, academic research. Licensee shall not remove any copyright or patent notice or trade secret legend from any copy of the CDR®, and the Licensee shall not assert and shall not represent to any third party that it has any ownership rights in, or the right to sell, transfer, assign or sub-license the CDR. All uses of the CDR shall contain the following copyright notice:  “All rights reserved. Copyright 2001 by Washington University in St. Louis, Missouri” You assume all liability due to or arising from your use of the CDR. WU will not be liable to Licensee for any loss, claim or demand made or incurred by the Licensee or any third party, due to or arising from the use of the CDR® by Licensee.  Further, the following terms of liability or indemnification will apply as indicated, depending on if Licensee is an institution of the state, a U.S. Government Agency, or other: If the Licensee is an institution of the state or a U.S. Government Agency: Except to the extent prohibited by law, Licensee agrees to indemnify as follows: Licensee agrees to indemnify, defend and hold harmless WU, and each of its present and former trustees, faculty, staff, employees, students, directors, officers, agents, successors and assigns (each a “WU Indemnitee”) from and against any and all judgments, losses, expenses, damages and/or liabilities (including, without limitation, any and all attorneys’ and expert witness fees and court costs), that a WU Indemnitee may incur from any and all claims, suits, actions and/or proceedings (collectively, “Claims”) due to or arising out of the use of the CDR® by Licensee or any third party using the CDR on behalf of Licensee. If the Licensee is NOT an institution of the state or a U.S. Government Agency: Licensee agrees to indemnify, defend and hold harmless WU, and each of its present and former trustees, faculty, staff, employees, students, directors, officers, agents, successors and assigns (each a “WU Indemnitee”) from and against any and all judgments, losses, expenses, damages and/or liabilities (including, without limitation, any and all attorneys’ and expert witness fees and court costs), that a WU Indemnitee may incur from any and all claims, suits, actions and/or proceedings (collectively, “Claims”) due to or arising out of the use of the CDR by Licensee or any third party using the CDR on behalf of Licensee. Licensee further agrees, represents, and warrants that it will not make any edits, modifications, or derivative works of the CDR®.
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