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.
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
Permitted Uses and Prohibitions
All rights under copyright, in the Licensed Materials is 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. Subcriber
is allowed to post Licensed Materials on their secure local area network,
provided that the network is password protected and only accessible to
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.