UNTIL YOU DIGITALLY ACCEPT AND SUBMIT THIS AGREEMENT, PROMISING TO ADHERE TO ITS TERMS AND CONDITIONS, YOU MAY NOT INSTALL OR USE THE SOFTWARE!
USE
1. Upon execution of this agreement and its return to the Department of Public Health of the Commonwealth of Massachusetts (the "Department"), as described below, the Department hereby distributes the Massachusetts Community Health Information Profile ("MassCHIP") software (the "Software") for use by the undersigned (the "Licensee") free of any license fee or charge, provided that the Licensee adheres to each and all of the conditions set forth in this agreement.
2. Each Licensee is a single individual person. A Licensee may not transfer the Software to any other user (including, without limitation another person in the organization in which Licensee works) but should direct any such other prospective user to the Department to obtain a separate copy of the Software if such prospective user wishes to use it.
3. Each Licensee applies to the version of the Software distributed hereunder. This license applies to any adaptation or modification of the software authorized pursuant to a valid MassCHIP Source Code License Agreement with the Department. A new license agreement may be required to authorize the use of a subsequent version of the Software.
4. The Licensee may make one (1) archival or backup copy of the Software, but may not otherwise copy, transfer or distribute the Software, except as expressly permitted by this license; nor may the Licensee transfer this agreement.
5. Pursuant to law, the data collected by the Department may be used only for the purposes for which they were obtained; any effort to determine the identify of any reported cases or to use the information for any purpose other than for health statistical reporting and analysis is prohibited. The Department acts with great caution to assure that the identity of data subjects cannot be disclosed; all direct identifiers, as well as characteristics that might lead to identifications, are omitted from datasets. Nevertheless, it may be possible, in rare instances, through complex analysis and/or with outside information, to ascertain the identity of particular persons from a dataset. Considerable harm could ensue if this were done, and the legal rights of others could be infringed by your taking such action. Therefore, the Department requires the Licensee to make, and the License hereby makes, the following assurances with respect to all datasets accessible by the Licensee as a result of its use of the Software:
a. The Licensee will not attempt to link, and will not permit others to attempt to link, the dataset with individually-identified records from any other dataset of the Department or of any other entity.
b. The Licensee will not attempt to use the datasets, nor permit others to use them, to learn the identity of any person included in any dataset.
c. If the Licensee should inadvertently discover the identity of a person, then (1) the Licensee will make no use of this knowledge; (2) the Licensee will immediately advise the MassCHIP User Coordinator at the Department of Public Health of the incident by telephone at (617) 624-5629 or 1-888-MASCHIP, or by mail sent to MassCHIP,CHISRE - 6th Floor, 250 Washington Street, Boston, MA 02108-4619; (3) the Licensee will safeguard or destroy the information that would identify the individual as requested by the Department; and (4) the Licensee will inform no one else of the discovered identity.
Failure to adhere to the foregoing will terminate all of the Licensee's rights to use the Software and constitute a revocation of this License Agreement.
RESTRICTIONS
1. The Licensee may not alter, merge, modify or adapt the Software in any way through reverse engineering, disassembling, decompiling or any other method.
2. The Licensee may not loan, rent or lease the Software or any copy thereof.
3. The Licensee may not transfer or reassign the Software or this license.
COPYRIGHT
All intellectual property rights in the Software and any documentation are owned by the Department and are protected by the copyright laws of the United States, other applicable copyright laws and international treaty provisions. The Department retains all rights not expressly granted.
LIMITATION OF LIABILITY; NO WARRANTY, ETC.
1. Inasmuch as the Software is distributed free of charge, the Department grants no warranties, promises or guarantees, either express or implied, statutory or otherwise, with respect to the Software, any user documentation or any communication between the Department and the Licensee, including with respect to quality, performance, merchantability or fitness for a particular purpose. No representative of the Department nor any other person is authorized to make any warranties, promises or guarantees, oral or written, with respect thereto.
2. Because software is inherently complex and may not be completely free of errors, the Licensee is advised to verify his/her work and to make backup copies. In no event will the Department be liable for any damages, whether direct, indirect, special, incidental, economic, compensatory, cover or consequential damages, arising out of the use of or inability to use the Software, any user documentation or any communication between the Department and the Licensee; the foregoing includes, without limitation, damages or costs relating to the loss of profits, business, goodwill, data or computer programs even if the Department is advised of the possibility of such damages.
GENERAL
The Licensee is required to Accept the conditions of this agreement by selecting the checkbox marked " I have read and accept the conditions specified in the End User Software License Agreement".
Should you have any questions concerning this Agreement, please call MassCHIP User Support at (617)624-5629 or 1-888-MASCHIP.
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This information is provided by MassCHIP within the Department of Public Health.