Thank you for requesting an evaluation of the JHFRAT in your organization.

For permission to use the JHFRAT in a limited capacity please review and complete this Terms and Conditions agreement.

  1. License Fee.  Licensee shall [not be required to pay a license fee for use of the Tool during the Study Period OR pay Johns Hopkins an initial annual non-refundable, per-facility subscription fee of One Thousand Eight Hundred Fifty Dollars ($1850) for each location below upon execution of this Agreement; thereafter, the annual non-refundable, per-facility subscription fee shall be Five Hundred Dollars ($500) for each location below (each a “subscription fee”)] during the Study Term.
  2. No Electronic Use.  Licensee acknowledges that any use of the Tool in an electronic form must be licensed directly by the organization/facility providing the electronic version under a separate license agreement with Johns Hopkins and any subsequent use of the Tool after the Study Term requires a separate license agreement from Johns Hopkins at the fees established by same.
  3. Grant of License.  Licensee is granted a limited right and license to use the Tool only for purposes of the Project described below during the time period set forth in subsection f. below (the “Study Term”).  The Study Term shall automatically expire at the end of the Study Term and Licensee shall cease any and all use of the Tool and shall ensure that any organization/facility involved in the Project ceases same.
  1. Licensee shall ensure that any and all trademark and copyright notices, logos and other proprietary notices and legends are contained in all copies of the Tool, and shall only use the Tool in paper form.  No electronic format may be made of the Tool and copies of the Tool shall not be uploaded/saved or implemented in any software or information technology system (i.e., no EMR).  The right granted herein shall not include the right to develop works of authorship or invention using all or any part of the Tool.  In addition

a. Licensee shall not (i) copy parts of the Tool into any of the foregoing nor (ii) create any derivative works from the Tool nor (ii) distribute, rent, sell, lease or otherwise transfer the Software or any component thereof to any third party; (iii) remove, efface or obscure any trademark, copyright notices, logos or other proprietary notices or legends from any portion of the Tool.

b. Licensee acknowledges Johns Hopkins’ ownership of the Tool, and Licensee does not obtain any ownership or other rights in the Tool other than those expressly identified herein.

  1. Limitation of Liability.   The Tool is provided to Licensee “AS IS” and “WHERE IS” and  JOHNS HOPKINS DISCLAIMS ANY AND ALL WARRANTIES OF ANY KIND WHATSOEVER, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF PERFORMANCE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR INFRINGEMENT. USE OF THE TOOL IS AT THE LICENSEE’S OWN RISK. 

a. NEITHER JOHNS HOPKINS NOR ANY OF ITS SUBSIDIARIES AND AFFILIATES, NOR ANY OF ITS OR THEIR EMPLOYEES OR AGENTS, ACCEPTS ANY LIABILITY WHATSOEVER FOR ANY ALLEGED LOSSES OR DAMAGES INCURRED IN USE OR RELIANCE ON THE TOOL OR ANY INFORMATION CONTAINED THEREIN.  IN NO EVENT SHALL JOHNS HOPKINS NOR ANY OF ITS SUBSIDIARIES AND AFFILIATES, NOR ANY OF ITS OR THEIR EMPLOYEES OR AGENTS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF USE, LOSS OF DATA, LOSS OF REVENUE OR PROFITS, ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OR PERFORMANCE OF THE TOOL, WHETHER BASED ON TORT, CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF JOHNS HOPKINS’ OR ANY OF ITS SUBSIDIARIES AND AFFILIATES, NOR ANY OF ITS OR THEIR EMPLOYEES OR AGENTS HAS BEEN ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES.  LICENSEE’S SOLE AND EXCLUSIVE REMEDY FOR ANY ISSUES RELATED TO THE TOOL IS TO DISCONTINUE USING THE TOOL. IN NO EVENT SHALL JOHNS HOPKINS’ TOTAL LIABILITY FOR DIRECT DAMAGES EXCEED THE TOTAL FEES PAID BY LICENSEE TO JOHNS HOPKINS, IF ANY, DURING THE YEAR IN WHICH THE DAMAGES OCCURRED.

6. Miscellaneous.   This Agreement shall constitute the entire understanding of the parties as to the subject matter herein.  This Agreement shall be governed by the laws of the State of Maryland  (excepting any conflict of laws or provisions which would serve to defeat application of Maryland substantive law).  This Agreement may not be modified in any respect other than by an agreement in writing signed by both parties.  Licensee shall obtain Johns Hopkins’ prior written consent, which may be withheld in Johns Hopkins’ sole and absolute discretion, for any assignment of this Agreement to any third party. The parties hereto agree that the waiver by either party of a breach by the other party of any of the provisions contained in this Agreement shall not operate as or be construed to be a waiver of any other breach of this Agreement by either party.  Except for Sections 1 and 2 herein, all terms and conditions in this Agreement shall survive the expiration and termination of same.

7. Report on Findings.   After completion of Licensee’s Project, Johns Hopkins requests that Licensee report their findings to Johns Hopkins – not for approval purposes but for Johns Hopkins’ edification

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i.e., hospital/medical practice
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Number of months.
Accept
BY CLICKING THE ACCEPTANCE BUTTON OR OTHER ACKNOWLEDGEMENT OF THIS AGREEMENT OR BY DOWNLOADING, INSTALLING OR USING THE TOOL, THE LICENSEE EXPRESSLY AGREES TO BE BOUND BY THE TERMS OF THIS AGREEMENT (THE “AGREEMENT”). IF LICENSEE DOES NOT AGREE TO THE TERMS OF THIS AGREEMENT, THE BUTTON OR OTHER ACKNOWLEDGEMENT OF THIS AGREEMENT SHOULD NOT BE SELETED. THE LICENSEE HEREUNDER SHALL BE THE NAMED ENTITY IN THE APPLICATION FORM. The person entering into this Agreement represents and warrants that they have the power and authority to enter into this Agreement on behalf of Licensee and to bind Licensee to same.
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