The Services provided by Practice Fusion, Inc. (“Practice Fusion”) contain content provided by Health Language, Inc. (“HL”). As a condition of your accessing the HL content (“HL Content”), HL requires that you agree to be bound by these additional terms (“Health Language Terms”). In addition, to the extent that the HL Content you access includes the Diagnostic and Statistical Manual of Mental Disorders, Fifth Edition, Washington, D.C. American Psychiatric Association (2013) (“DSM-5), the DSM-5 has been licensed from the American Psychiatric Association (“APA”) and as a condition of your accessing the DSM-5, HL and the APA require that you also agree to be bound by the DSM-5 additional terms and conditions (“DSM-5 Additional Terms”) set forth below.
These Health Language Terms and DSM-5 Additional Terms are cumulative with, and do not in any way limit, your obligations under your User Agreement; and, by accessing the HL Content, you are thereby agreeing to these Health Language Terms and DSM-5 Additional Terms, to the extent applicable. Any terms or phrases not otherwise defined in these Health Language Terms or the DSM-5 Additional Terms shall have the meaning given to them in your User Agreement.
LICENSE. HL hereby grants you a limited nonexclusive and nontransferable sublicense for the HL Run-Time Software and HL Content as integrated into the Services (the “HL Technology”). You acknowledge that HL owns the HL Technology subject to these Terms.
PROTECTIONS AND NONDISCLOSURE. You agree that you shall protect all intellectual properties in the HL Technology, including without limitation, patents, copyrights, and trade secrets. Further, you shall not disclose any HL Technology to any third parties, nor reverse engineer any HL Technology.
WARRANTY DISCLAIMER. ANY USE BY YOU OF THE HL TECHNOLOGY IS AT YOUR OWN RISK. THE HL TECHNOLOGY IS PROVIDED FOR USE “AS IS” WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY LAW, HL AND ITS SUPPLIERS DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS, STATUTORY OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. HL IS NOT OBLIGATED TO PROVIDE ANY UPDATES TO THE HL TECHNOLOGY.
LIMITATION OF LIABILITY. NO LIABILITY FOR DAMAGES. IN NO EVENT SHALL HL OR ITS SUPPLIERS HAVE ANY LIABILITY FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES IN ANY WAY ARISING OUT OF THE USE OR INABILITY TO USE ANY PRODUCT AND HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS OR LOSS OF DATA, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL HL’S CUMULATIVE LIABILITY ARISING OUT OF THESE TERMS EXCEED THE AMOUNTS ACTUALLY PAID BY YOU TO PRACTICE FUSION OR HL FOR THE HL TECHNOLOGY PURSUANT TO THESE TERMS.