Below you will find our Subscription and License Agreement. This form
is available for download as a PDF here.
Subscription and License Agreement
You or the institution you are affiliated with ("Subscriber"), has obtained a subscription to use the
resources available from My Education Resources & Solutions, LLC ("MyERS"). Your subscription grants you
a non-exclusive, non-transferable license and right to
access, retrieve, display, and make copies of the Publications ("Licensed Materials") copyrighted by the
Publisher if you agree to the terms of this agreement as follows:
"Authorized Users" include all current employees of the Subscriber, within their free standing facility, including off-site clinics. This does not include other hospitals within your health system. They would need a separate subscription. "Licensed Materials" are all publications copyrighted and published by MyERS including, but not limited to, the items listed under the Order section of the Order Form.
The Licensed Materials are the sole and exclusive property of MyERS. By indicating that you agree to these terms, you do not become owner of the Licensed Materials, but are entitled to use them according to the terms of this Agreement.
- Subscription Term
You or your institution has obtained the right to use and access the Licensed Materials for a specific period of time, i.e., the subscription period, which is one year from the designated start date as determined from your institution's Order Form. At the end of this period, your license or your institution's license and your associated rights will expire automatically, unless your institution has renewed its subscription on MyERS's then-current terms. The Agreement and your license to use the Licensed Materials will also terminate if you fail to comply with any term or condition in this Agreement.
- Permitted Uses and Prohibitions
All rights under copyright, in the Licensed Materials, are owned by MyERS. Subscriber and their Authorized Users may not modify, adapt, transform, translate or create any derivative work based on any materials included in the Licensed Materials, or otherwise use any such materials, in a manner that would infringe the copyright therein. No part of the Licensed Materials may be copied for resale or other commercial use, or posted on public bulletin boards, web sites, Internet domains, or online chatrooms. Subscriber is allowed to post Licensed Materials on their secure local area network, provided that the network is password protected and only accessible to Authorized Users.
- Restriction Against Transfer
You may not sublicense, assign, share, sell, rent, lease, or otherwise transfer your right to use the Licensed Materials.
- Use of Professional Judgment
Science is an ever-changing frontier. As new research and clinical trials broaden our knowledge, changes in treatment and drug therapy are required. The editors of MyERS have consulted sources believed to be reliable in their efforts to provide information that conform to the standards of professional practice that prevailed at the time of publication. However, in view of the possibility of human error by the authors, editors, or publisher, nor any party who has been involved in the preparation of the Licensed Materials are not responsible for any errors or omissions or for the results obtained from use of such information. Because of the uniqueness of each patient and the need to take into account a number of concurrent considerations, the information contained in the Licensed Materials should be used only as a general guide when caring for patients. Use your professional judgment.
If any provision of this Agreement is determined to be invalid or unenforceable under any applicable law, it shall be deemed omitted and the remaining provisions shall continue in full force and effect. This Agreement may be modified only in writing authorized by MyERS. MyERS's waiver of any right shall not constitute a waiver of that or any other right in the future. This Agreement shall be governed by and construed in accordance with the laws and in the state and federal courts of the Commonwealth of North Carolina, USA. This Agreement constitutes the entire understanding between the parties with respect to the subject matter hereof, and all prior agreements, representations, statements, and undertakings, oral or written, are hereby expressly superseded and canceled.