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HCI3's CMMI Bundled Payment Freeware Analysis Package

License Agreement

Please agree to the free license agreement (below) in order to download the CMMI Bundled Payment Analytics Package
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By clicking the button below, I certify that I have read and agree to the HCI3 PROMETHEUS ECR User Agreement and Limited License:
PROMETHEUSPAYMENT.ORG USER AGREEMENT AND LIMITED LICENSE READ THIS USER AGREEMENT AND LIMITED LICENSE CAREFULLY BEFORE CONTINUING OR USING THE SITE OR THE MATERIALS (AS DEFINED BELOW). IF YOU DO NOT AGREE TO THIS LICENSE AND USER AGREEMENT (THIS "AGREEMENT"), YOU MAY NOT ACCESS THE SITE OR USE ANY OF THE MATERIALS. YOUR CLICKING ON THE BUTTON MARKED "I AGREE" OR YOUR CONTINUED USE OF THE SITE OR ACCESSING THE MATERIALS INDICATES YOUR AGREEMENT THAT YOU HAVE READ AND AGREED TO THIS AGREEMENT UNLESS YOU HAVE A DIFFERENT LICENSE AGREEMENT SIGNED BY US THAT COVERS THE MATERIALS AND/OR THE SITE. This Agreement is a binding contract between You and PROMETHEUS Payment, Inc. and its successor ("PROMETHEUS," "we" or "us"). Your access to and continued use of thematerials for the website located at www.prometheuspayment.org and any successor site (the "Site") constitutes your acceptance, without limitation, of the terms and conditions of this Agreement. If You do not agree to be bound by these terms, You may not access or use the Site or any Materials. As used herein, "Materials" refers to the SAS codes, playbooks, ECRs, papers and all information, data or other materials posted from time to time on the Site. 1. PERMITTED AND PROHIBITED USES Permitted Uses. Upon Your acceptance of this Agreement by clicking on the button marked "I Accept", You are granted a limited, non-exclusive and nontransferable license to access and use the Site and Materials for only the following purposes (collectively, "Permitted Uses"), subject to all of the terms of this Agreement: a. to learn about PROMETHEUS Payment® model as a type of payment reform; b. to evaluate whether the PROMETHEUS Payment® model could be used with Your organization; c. to use the ECR Analytics for internal analysis purposes only and not for any commercial purposes; provided, however, that You shall not disclose the results of said analyses using the PROMETHEUS Marks or otherwise identify that the Materials or the Site was used; d. for further development of an alternative payment system or methodology, or other derivative works including use of a portion of the PROMETHEUS Payment® model; provided, however, that Your system or methodology shall not represent that it consists of or uses the PROMETHEUS Payment® model or includes any of the Materials and shall not use any of the PROMETHEUS Marks (as defined below); or e. linking from Your website to the Site in a manner that clearly indicates that the user is leaving Your website and going to the Site with preservation of our IP notices and no incorrect or misleading statements; Notwithstanding any other provisions of this Agreement or the Materials, PROMETHEUS shall not have any duty or obligation to review or verify that You used the Materials or the Site correctly or any liability if we did not detect or object to an error in Your use or any use contrary to this Agreement. Prohibited Uses. You may not: 1. use any of the Site or the Materials other than as authorized by this Agreement; 2. use any of the Site or the Materials for the benefit of any third party, other than as part of a Permitted Use; 3. publish, republish or sublicense the Materials or other information from the Site (including by posting same on any other web site); provided, however, that linking to the Site consistent with the Permitted Uses above is not prohibited; 4. use the ECR Analytical packages or any other Materials or information on the Site to profile physicians or hospitals; 5. modify or create derivative works from the Materials or other information from the Site except in connection with a Permitted Use; 6. disassemble, decode, decompile, reverse engineer or otherwise attempt to create the source code of any of the Materials or the Site, including; 7. take any action that would impede or interfere with the operation of the Site or alter the contents of the Site, or alter or interfere with any Materials or other content, site or software that PROMETHEUS owns or controls; 8. directly or indirectly, change, recompile, reframe, rent, lease, sell, distribute, or otherwise transfer any of the Materials or the Site; 9. use any data mining, robots or similar data gathering and extraction methods with respect to the Materials, the Site or any portion thereof; 10. assign, delegate, subcontract or otherwise transfer its rights or obligations under this Agreement, including any transfer by a change of control of or operation of law; or 11. state or imply that PROMETHEUS has reviewed or is responsible for Your analysis, outputs or other activities in connection with use of any of the Materials, any aspect of the Site or any aspect of the PROMETHEUS Payment® model. 2. ACCURACY AND WARRANTY DISCLAIMERS PROMETHEUS does not warrant or guarantee the accuracy, quality, completeness, currency, or validity of any of the Materials or any other information on the Site or linked from the Site. Links on the Site to other websites are for informational purposes only and are not intended to constitute endorsements of or referrals to the entities or the products of the entities to which the links connect. You agree that You are solely responsible for the use, results and outcomes from using any of the Materials, any other aspect of the Site and/or the PROMETHEUS Payment® model and that the results will only be as good as the data You use and Your organization of the databases. Any statement you make or any publication or disclosure of such results or outcomes shall include a statement regarding Your responsibility. You further agree that any PACs (potentially avoidable complications) information derived from use of the Materials, any other aspect of the Site and/or the PROMETHEUS Payment® model is only approximate. PROMETHEUS MAKES NO WARRANTY THAT THE SITE OR ANY OF THE MATERIALS ARE FREE FROM ERRORS OR VIRUSES, THAT THE SITE OR ANY OF THE MATERIALS WILL OPERATE WITHOUT ANY INTERRUPTION OR THAT USE OF THE SITE OR THE MATERIALS WILL RESULT IN ANY PARTICULAR RESULTS. THERE ARE NO WARRANTIES AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF ANY INFORMATION OR OF NON-INFRINGEMENT. THE SITE AND THE MATERIALS ARE PROVIDED "AS IS" AND "WITH ALL FAULTS." PROMETHEUS HAS MADE AND MAKES NO OTHER WARRANTIES, AND IT DISCLAIMS ALL WARRANTIES EXPRESS OR IMPLIED, OR ARISING BY COURSE OF PERFORMANCE, COURSE OF DEALING OR USAGE OF TRADE, INCLUDING WITHOUT LIMITATION ANY REPRESENTATIONS OR WARRANTIES RELATING TO NONINFRINGEMENT, NONINTERFERENCE, DESIGN, ACCURACY, MERCHANTABILITY, TIMELINESS, PERFORMANCE, TITLE, QUIET ENJOYMENT, FITNESS FOR A PARTICULAR PURPOSE OR THAT ANY OF THE MATERIALS OR THE SITE WILL FULFILL ANY OF YOUR PARTICULAR PURPOSES OR NEEDS. PROMETHEUS MAKES NO REPRESENTATIONS OR WARRANTIES ON BEHALF OF ITSELF WITH RESPECT TO THIRD PARTY SOFTWARE OR EQUIPMENT AND EXPRESSLY EXCLUDES ANY AND ALL LIABILITY ARISING FROM OR RELATING TO A THIRD PARTY'S SOFTWARE AND/OR EQUIPMENT. YOU RECOGNIZE AND AGREE THAT THE MATERIALS AND THE SITE ARE NOT INTENDED TO SUBSTITUTE FOR OR TO REPLACE THE SKILL, KNOWLEDGE, AND EXPERIENCE OF LICENSED PHYSICIANS, OTHER CARE PROVIDERS OR ANY HEALTH CARE FACILITY. PROMETHEUS ASSUMES NO RESPONSIBILITY FOR PATIENT CARE AND EXPRESSLY STATES THAT IT IS NOT PROVIDING THE SITE OR THE MATERIALS AS A SUBSTITUTE OR REPLACEMENT FOR THE MEDICAL JUDGMENT OF PHYSICIANS, OTHER CARE PROVIDERS OR ANY HEALTH CARE FACILITY. YOU AGREE THAT PROMETHEUS HAS NO RESPONSIBILITY WHATSOEVER FOR THE CONDUCT OF YOUR BUSINESS OR FOR PATIENT CARE. 3. LIMITATIONS OF LIABILITY; INDEMNITY IN NO EVENT SHALL PROMETHEUS OR ITS OFFICERS, AGENTS, DIRECTORS, EMPLOYEES, SUCCESSORS, ASSIGNS AND CONTRACTORS HAVE LIABILITY FOR PUNITIVE, EXEMPLARY, INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OR LOSS (INCLUDING WITHOUT LIMITATION DAMAGES FOR LOST BUSINESS, LOST OPPORTUNITY, LOST PROFITS, OR LOST DATA) ARISING IN CONNECTION WITH THIS AGREEMENT, THE MATERIALS, THE SITE, ANY CONTENT THEREON OR THE USE OR INABILITY TO USE THE SITE, OR ANY MATERIALS OR OTHER CONTENT THEREON, REGARDLESS OF THE LEGAL THEORY ON WHICH SUCH DAMAGES ARE CLAIMED AND REGARDLESS OF WHETHER PROMETHEUS HAS BEEN NOTIFIED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSS. NOT ALL STATE LAWS ALLOW SUCH LIMITATIONS, AND YOUR RIGHTS MAY VARY. You agree to indemnify, defend and hold harmless PROMETHEUS and its officers, directors, employees, agents, successors, assigns and contractors from and against any and all claims, liabilities, costs and expenses (including, without limitation, attorneys' fees and expenses) incurred in connection with or arising from any breach by You of this Agreement or resulting in connection with or arising from Your use of the Materials or the Site, including any third party claim related to medical care. 4. INTELLECTUAL PROPERTY You agree not to take any action that would infringe, misappropriate, or violate PROMETHEUS' IP Rights. You agree not to upload or otherwise place any information on the Site that would infringe or otherwise violate anyone's intellectual property interests or other rights, or that is false, misleading, defamatory, or otherwise contrary to law or regulation. As between You and PROMETHEUS, PROMETHEUS is and shall continue to be the sole and exclusive owner of all aspects of the Site and all Materials that existed prior to this Agreement or are hereafter created by, developed by or otherwise come into existence pursuant to other agreements or arrangements with PROMETHEUS, including all IP and IP Rights therein that may constitute an improvement, addition, enhancement, invention, discovery, derivative work or modification of or with respect to any of the PROMETHEUS Materials or aspects of the Site. Provider shall execute such documents or instruments as PROMETHEUS may reasonably request in order to effect PROMETHEUS™ ownership of the foregoing. No license to use PROMETHEUS™ Marks is granted under this Agreement; provided, however, that it shall not be deemed a violation of the foregoing if, when engaging in activity permitted hereunder, You correctly refer to PROMETHEUS or any of its property or services using PROMETHEUS™ Marks with the ® symbol or other designation of IP Rights in a manner consistent with the typical usage by PROMETHEUS. You hereby acknowledge that PROMETHEUS™ Marks are PROMETHEUS™ sole and exclusive property and that any use permitted hereunder may not dilute, impair or adversely affect such Marks or PROMETHEUS™ goodwill. You shall promptly correct your usage of PROMETHEUS™ Marks upon PROMETHEUS™ reasonable request. Nothing contained herein shall modify or otherwise affect any party™s ownership of any Intellectual Property that existed prior to this Agreement or any IP Rights related to such Intellectual Property. PROMETHEUS shall continue to control all policy and other decisions that may arise in the further development and dissemination of the Program, including the PROMETHEUS Payment ® model, the Materials and the Site. As used herein: "Intellectual Property" or "IP" means all inventions, discoveries, ideas, processes, algorithms, methodologies, software, designs, models, works of authorship (whether in tangible or electronic form), any derivative works with respect to a work of authorship, data and data sets, know how, trade secrets, unique and innovative uses of an existing invention and Marks or other designations of origin, whether or not protected by patent, copyright, trade mark or trade secret or similar law. "IP Rights" means patents, trademarks, service marks, trade names, copyrights, design rights and trade secret rights and all rights or forms of protection of a similar nature or having equivalent or similar effect to any of them which may exist anywhere in the world with respect to any or all of the IP, whether or not any of such IP Rights are registered, and including applications for registration for any of them. "Marks" means any and all trademarks, trade names, service marks, logos and other identifying information of either Party or its services that exist during the Term including all IP and IP Rights related to any of the foregoing. Marks of PROMETHEUS include, without limitation, PROMETHEUS Payment®, PROMETHEUS, PROMETHEUS Payment, Inc., PROMETHEUS, PROMETHEUS Model, ECRs®, PROMETHEUS ECRs®, Evidence-informed Case Rates® and any variant of the foregoing. 5. USE OF COOKIES PROMETHEUS may use cookie technology to help personalize Your experience on the Site. A cookie is a small file that is sent to Your computer by a site's server. A cookie can be a record of Your visit to a site, including information such as Your user name, registration information, time of last visit, pages viewed, etc. A cookie created by one site's servers can be retrieved only by that site's servers. You have the ability to accept or decline cookies. Most web browsers automatically accept cookies, but browser settings can usually be modified to decline all cookies, or to notify the user each time a cookie is sent and permit cookies to be accepted or declined on an individual basis. If You choose to decline cookies, You will need to enter Your user name and password each time You desire to log in to the Site, and use of the Site by You may also otherwise be negatively impacted. 6. COMMUNICATIONS FROM PROMETHEUS You understand and agree that, as part of Your use of the Site, PROMETHEUS may send You certain communications from time to time, including (a) product announcements, such as announcements concerning upgrades, modifications and/or enhancements to the Site and any other products or services offered by PROMETHEUS; (b) service announcements, such as announcements regarding possible interruptions or other conditions that may affect access to and/or use of the Site and/or any other products or services offered by PROMETHEUS; (c) subscription-related announcements, such as notification of impending subscription expirations and opportunities to upgrade subscriptions; and (d) other administrative updates. You further understand and agree that Your agreement to receive such communications is a condition to Your use of the Site and other products and services offered by PROMETHEUS, and that You will not be able to opt out of receiving them. Unless explicitly stated otherwise, any new feature that augments or enhances the Site and any new Materials posted on the Site, shall be subject to this Agreement. 7. REGISTRATION DATA AND WEBSITE PRIVACY POLICY As a condition of Your right to use the Site, You agree to provide us with true, accurate and complete information as required by the registration process, including Your legal name, address, telephone number, and e-mail address (collectively, "Registration Data"), to allow us to share Your Registration Data with third parties for the purpose of verifying the information you provide and to otherwise use such Registration Data consistent with our Website Privacy Policy. You agree to the terms of our Website Privacy Policy, which is incorporated by reference. 8. TERMINATION; EQUITABLE REMEDIES PROMETHEUS may terminate this Agreement at any time, with or without notice and with or without cause. Indemnification obligations and other terms of this Agreement that, by their nature, extend beyond the termination or expiration of this Agreement, shall so survive. You acknowledge and agree that any unauthorized use or disclosure by you of the Site or any infringement or violation of PROMETHEUS' IP Rights shall cause PROMETHEUS irreparable injury for which PROMETHEUS could not be fully compensated by money damages. You agree that, in the event of such a violation, PROMETHEUS would be entitled to seek and recover (in addition to any other available remedies) preliminary and permanent injunctive relief without the necessity of posting bond or security, and further that PROMETHEUS would be entitled to recover from you its attorneys' fees and costs incurred in seeking and obtaining such relief. 9. DISPUTE RESOLUTION This Agreement shall be governed and construed by the laws of the State of Connecticut, without regard to its choice of law rules. You agree that, by entering into this Agreement and accessing and/or using the Site, You are transacting business in the State of Connecticut and are subject to jurisdiction in its courts. Any legal or equitable action arising from this Agreement or in connection with the Site shall be commenced and maintained in a court of competent subject matter jurisdiction within the State of Connecticut, and you consent to personal jurisdiction and venue in any such court. In the event it is held that jurisdiction or venue is wanting in such a court, an action then may be commenced in any other court having proper jurisdiction under applicable statutes and court rules. In the event of any dispute adjudicated between the parties, whether in litigation or permitted appeal, the prevailing party shall be entitled to recover from the party not prevailing its reasonable attorneys' fees and costs incurred in such proceeding. The parties agree that neither may bring a claim or assert a cause of action against the other, in any forum or manner, more than one (1) year after the cause of action accrued, except where the party could not have reasonably discovered the wrong giving rise to the claim within the basic facts supporting the claim within one (1) year. 10. MODIFICATION OF THIS AGREEMENT PROMETHEUS reserves the right, in its sole discretion, to modify, alter, or otherwise revise this Agreement and the Website Privacy Policy referenced on the Site at any time by posting such modified versions on the Site. You agree to monitor regularly the Agreement as it appears on the Site. Your continued use of the Site after the posting of any modified versions shall constitute agreement to the modified Agreement. This Agreement may be modified by Your agreement to a separate written agreement that is fully executed with us. This Agreement may not otherwise be modified or amended. 11. NOTICES Except as is stated herein to the contrary, any notices to PROMETHEUS must be given by postal mail sent to PROMETHEUS' headquarters as then listed on the Site. Any notices to You will be sent to the e-mail address that you provide to PROMETHEUS. 12. SEVERABILITY Should any term of this Agreement be finally held by a court of competent jurisdiction to be invalid, unenforceable, void, or otherwise contrary to law or equity, PROMETHEUS and you agree that such provision shall be automatically severed and the remainder of this Agreement that can be given effect shall continue to be given effect. 13. ENTIRE AGREEMENT Unless there is a separate written and fully executed agreement between You and PROMETHEUS, this Agreement constitutes the entire agreement between You and PROMETHEUS with respect to the subject matter of this Agreement, and it supersedes all prior agreements, understandings or representations between You and PROMETHEUS with respect to the subject matter of this Agreement. This Agreement may not be modified except in writing as permitted herein. I HAVE READ THIS USER AGREEMENT AND LIMITED LICENSE AND AGREE TO ALL THE PROVISIONS ABOVE.