Best of ASTRO® Canada 2024 Consent Requirement
Friday, January 26, 2024, 12:00-4:00 pm EST
End User License Agreement
This End User License Agreement (“Agreement“) is a binding agreement between you (“End User” or “you“) and American Society for Radiation Oncology (“ASTRO”). This Agreement governs your use of the Best Of ASTRO Canada 2023 meeting content, as provided by mdBriefCase Group Inc., formerly CancerLink Ontario Inc. (“Event Provider”) on January 26, 2024, (including any related documentation,) (“ASTRO Content” or “Content”). The Content is licensed, not sold, to you.
- License Grant. Subject to the terms of this Agreement, ASTRO grants you a limited, non-exclusive, and nontransferable license to access, stream, and use the ASTRO Content provided by Event Provider for your personal, non-commercial use on a single device owned or otherwise controlled by you; and
- License Restrictions. You shall not:
(a) Copy, reproduce, publish, republish, distribute perform, adapt, perform, display, use, or create derivative works of the ASTRO Content, except as expressly permitted by this license;
(b) modify, translate, or otherwise create derivative works of the ASTRO Content;
(c) access or try to access the ASTRO Content provided by the Event Provider more than ninety (90) days after such content is first made available by Event Provider;
(d) remove, delete, alter, or obscure any trademarks or any copyright, trademark, patent, or other intellectual property, proprietary rights, or attribution notices from the ASTRO Content;
(e) rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer, or otherwise make available the ASTRO Content in to any third party for any reason.
- Reservation of Rights. You acknowledge and agree that the ASTRO Content is provided under license, and not sold, to you. You do not acquire any ownership interest in it under this Agreement, or any other rights thereto other than to use the ASTRO Content in accordance with the license granted, and subject to all terms, conditions, and restrictions, under this Agreement. ASTRO and its licensors reserve their entire right, title, and interest in and to the ASTRO Content, including all copyrights, trademarks, and other intellectual property rights therein or relating thereto, except as expressly granted to you in this Agreement.
- Collection and Use of Your Information. All information collected through or in connection with your registration for the Best of ASTRO Canada meeting or accessing the ASTRO Content of this meeting is subject to the Event Provider, mdBriefcase Group Inc.’s Privacy Policy [https://www.oncologyeducation.com/privacy-policy/]. By registering with the Event Provider and accessing the ASTRO Content, you consent to all actions taken by 314528856.2 mdBriefcase Group Inc. with respect to your information in compliance with such Privacy Policy. You acknowledge and agree that ASTRO has no role in the Event other than licensing the ASTRO Content to the Event Provider, and is not involved in or connected in any way to registration, the collection of any information, or in any other capacity.
- Third-Party Materials. The ASTRO Content may display, include, or make available third-party content or provide links to third-party websites or services (“Third-Party Materials“). You acknowledge and agree that ASTRO is not responsible for Third-Party Materials, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality, or any other aspect thereof. ASTRO does not assume and will not have any liability or responsibility to you or any other person or entity for any Third-Party Materials. Third-Party Materials and links thereto are provided solely as a convenience to you, and you access and use them entirely at your own risk and subject to such third parties’ terms and conditions.
- Term and Termination.
(a) The term of this Agreement commences when you first have access to the ASTRO Content provided by the Event Provider and will continue in effect until terminated by you or ASTRO as set forth here, or after ninety (90) days from the date that the ASTRO Content is first accessible from the Event Provider, whichever comes first.
(b) You may terminate this Agreement by permanently deleting the ASTRO Content in your possession and control, and any links to the ASTRO Content.
(c) This Agreement will terminate immediately and automatically without any notice if you violate any of the terms and conditions of this Agreement, the Event Provider violates or breaches any provision of its Licensing Agreement with ASTRO, or the Event Provider’s Licensing Agreement is terminated or expires.
(d) Upon termination:
(i) all rights granted to you under this Agreement will also terminate; and
(ii) you must cease all use of the ASTRO Content and delete any copies of same.
(e) Termination will not limit any of ASTRO’s rights or remedies at law or in equity.
- Disclaimer of Warranties. THE ASTRO CONTENT IS PROVIDED TO END USER “AS IS” AND WITH ALL FAULTS AND DEFECTS WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, ASTRO, ON ITS OWN BEHALF AND ON BEHALF OF ITS AFFILIATES AND ITS AND THEIR RESPECTIVE LICENSORS AND SERVICE PROVIDERS, EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, WITH RESPECT TO THE ASTRO CONTENT, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE, OR TRADE PRACTICE. WITHOUT LIMITATION TO THE FOREGOING, ASTRO PROVIDES NO WARRANTY OR UNDERTAKING, AND MAKES NO REPRESENTATION OF ANY KIND THAT THE ASTRO CONTENT WILL MEET YOUR REQUIREMENTS, ACHIEVE ANY INTENDED RESULTS, OR BE ERROR-FREE, OR THAT ANY ERRORS OR DEFECTS CAN OR WILL BE CORRECTED.
- Limitation of Liability. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL ASTRO OR ITS AFFILIATES, OR ANY OF ITS OR THEIR RESPECTIVE LICENSORS OR SERVICE PROVIDERS, HAVE ANY LIABILITY ARISING FROM OR RELATED TO YOUR USE OF OR INABILITY TO USE THE ASTRO CONTENT. THE FOREGOING LIMITATIONS WILL APPLY WHETHER SUCH DAMAGES ARISE OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE AND REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE OR ASTRO WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
- Severability. If any provision of this Agreement is illegal or unenforceable under applicable law, the remainder of the provision will be amended to achieve as closely as possible the effect of the original term and all other provisions of this Agreement will continue in full force and effect.
- Governing Law. This Agreement is governed by and construed in accordance with the internal laws of the Commonwealth of Virginia without giving effect to any choice or conflict of law provision or rule. Any legal suit, action, or proceeding arising out of or related to this Agreement or the Application shall be instituted exclusively in the federal or state courts of located in the Eastern District of Virginia You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
- Entire Agreement. This Agreement constitutes the entire agreement between you and ASTRO with respect to the ASTRO Content and supersedes all prior or contemporaneous understandings and agreements, whether written or oral, with respect to the ASTRO Content.
- Waiver. No failure to exercise, and no delay in exercising, on the part of either party, any right or any power hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any right or power hereunder preclude further exercise of that or any other right hereunder. In the event of a conflict between this Agreement and any applicable purchase or other terms, the terms of this Agreement shall govern.