IMPORTANT – Read Carefully

1. General.

This EULA is a contract between The General Hospital Corporation, d/b/a Massachusetts General Hospital (“Hospital”), and you. This EULA governs your use of the Food Allergy Management and Prevention Support Tool for Infants and Toddlers (“ FAMP-IT”). If you are agreeing to this EULA on behalf of a company or other entity, you represent that you have the authority to agree to the terms and conditions of this EULA on behalf of such entity, and that such entity hereby agrees to be bound by these terms.  By accessing FAMP-IT, you are agreeing to this EULA.  If you do not agree to this EULA, MGH will not and does not license the Software Model to you and you must not access the Software Model.

As used herein, the term “you” or “your” means you, the company or other entity that you represent in this EULA, and any individual accessing this site or using the FAMP-IT pursuant to this EULA.

2. License to Use.

Subject to the terms of this EULA, Hospital grants to you (the “Licensee”), a royalty-free, non-exclusive, non-transferable, revocable license to access and use FAMP-IT for informational and/or educational purposes only (“Purpose”).

No right to sublicense or assign this EULA to is granted herein.

3. Limitations on Use and Acknowledgements.

FAMP-IT has not been reviewed or approved by the United States Food and Drug Administration or any other agency.  FAMP-IT must not be used to make a clinical diagnosis, provide clinical care, or replace or overrule the judgment of a licensed health care professional. FAMP-IT may be used only for information and educational purposes.

You may not (i) copy or distribute FAMP-IT in any form beyond your premises, (ii) rent, lend, lease, sell, resell, or otherwise transfer for value, your access to FAMP-IT account, (iii) reverse engineer, decompile, or disassemble FAMP-IT, or (iv) remove or obscure any copyright notices.

You agree that this curriculum shall not be used as the basis of a commercial product or service and that this curriculum shall not be rewritten in another computer language or otherwise adapted to circumvent the need for obtaining a license from Hospital for use of FAMP-IT.  You are responsible for securing any additional licenses you may need to use FAMP-IT.

4. No Other Rights.

This EULA does not grant you any rights to use the name, trademark, service mark, logo or other identifying characteristics of Hospital or any of its affiliates. All rights not expressly granted in this EULA are reserved by Hospital.

5. Disclaimer of Warranties.

TO THE FULLEST EXTENT PERMITTED BY LAW, HOSPITAL PROVIDES FAMP-IT AND CONTENT ON THE SITE “AS IS” AND WITH ALL FAULTS, ERRORS AND DEFECTS, AND NEITHER HOSPITAL NOR ANY OF ITS PERSONNEL NOR ANY OF ITS AFFILIATES IS RESPONSIBLE FOR ENSURING THAT ANY IMPLEMENTATION OF SOFTWARE OR SITE CONTENT WILL BE CLINICALLY SOUND, WITHOUT ERROR, UNINTERRUPTED OR OTHERWISE SUCCESSFUL. THE RIGHTS GRANTED IN THIS EULA ARE MADE AVAILABLE WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

6. Limitation of Liability.

TO THE FULLEST EXTENT PERMITTED BY LAW, HOSPITAL SHALL NOT BE LIABLE TO YOU OR INDEMNIFY YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT WITHOUT LIMITATION, ANY DAMAGES RESULTING FROM LOSS OF USE OR LOST BUSINESS, REVENUE, PROFITS, DATA OR GOODWILL) ARISING IN CONNECTION WITH THIS EULA OR OTHERWISE, WHETHER IN AN ACTION IN CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

7. Indemnification.

You agree, on behalf of the company or other entity that you represent, to defend, indemnify and hold harmless Hospital and its affiliates, trustees, officers, employees, staff members, agents or contractors from and against any claim, charge, demand, action or suit, whether in contract, tort, strict liability, negligence or otherwise, for any and all losses, costs, charges, claims, demands, fees, expenses or damages of any nature or kind arising out of, connected with or resulting from (i) the your use of FAMP-IT or (ii) your failure to comply with applicable laws and regulations, or (iii) your breach of any of the terms or conditions set forth in this EULA.

8. Governing Law.

The construction and performance of this EULA will be governed by the laws of the Commonwealth of Massachusetts, without regard to conflicts of laws principles.

9. Additional Terms.

No waiver of any of the terms set forth herein shall be deemed a further and continuing waiver of such term or condition or any other term or condition.

If any of the terms or conditions contained herein is invalid or unenforceable under applicable law, the remaining provisions shall continue in full force and effect, and the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision.

All rights not expressly granted herein are hereby reserved.

10. Entire Agreement

This EULA sets forth all of the covenants, provisions, agreements, conditions, and understandings between the parties regarding the subject matter herein, and there are no covenants, promises, agreements, conditions, or understandings, either oral or written, between them other than those set forth herein.

Should you have any concerns regarding this EULA contact the Mass General Brigham Innovation Office. 

Revised October 25, 2021