Limitations on Use
You are granted a non-exclusive, non-transferable, revocable license (a) to access and use the Site strictly in accordance with this Agreement; (b) to use the Site solely for internal, personal, non-commercial purposes; and (c) to print out discrete information from the Site solely for internal, personal, non-commercial purposes and provided that you maintain all copyright and other policies contained therein.
Restrictions and Prohibitions on Use
Links to Third Party Sites
Eclipsys makes no representations whatsoever about any other website which you may access through the Site. When you access a non-Eclipsys web site, even one that may contain the Eclipsys logo or other Eclipsys trademark, service mark or tradename, you understand that it is independent from Eclipsys and that Eclipsys has no control over the content on that web site. The Site may contain links to other web sites ("Linked Sites'). Other than my.eclipsys.com and extranet.eclipsnet.com , the Linked Sites are not under the control of Eclipsys and Eclipsys is not responsible for the contents of any Linked Site. Eclipsys is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Eclipsys of the site or any association with its operators. It is up to you to take precautions to ensure that whatever you select for your use is free of such items as viruses, worms, Trojan horses and other items of a destructive nature. Copyright, Service Marks and Trademarks.
Eclipsys Corporation, The Outcomes Company and Eclipsys.com are service or trademarks of Eclipsys Corporation. It is the policy of Eclipsys to enforce its intellectual property rights to the fullest extent permitted under law. All product names, regardless of whether or not they appear in large print or with a trademark symbol, are trademarks of Eclipsys, its affiliates, related companies, or its licensors or third party partners. All contents of the Eclipsys.com website are: Copyright 2009. Eclipsys Corporation. All rights reserved. Material found on the Site contains the valuable properties of Eclipsys, embodying substantial creative efforts. The content, organization, graphics, design, compilation, magnetic translation, digital conversion and other matters related to the Site are protected under applicable intellectual property regulations, statutes and other law. The copying, redistribution, use or publication by you of any such matters or any part of the Site, except as allowed herein, is strictly prohibited. You do not acquire ownership rights to any content, document or other materials viewed through the Site. The posting of information or materials on the Site does not constitute a waiver of any right in such information and materials.
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YOU AGREE TO INDEMNIFY, DEFEND AN DHOLD HARMLESS ECLIPSYS, ITS OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS FROM AND AGAINST ALL LOSSES, EXPENSES, DAMAGES AND COSTS, INCLUDING REASONABLE ATTORNEYS' FEES, RESULTING FROM ANY VIOLATION OF THIS AGREEMENT OR ANY ACTIVITY RELATED TO YOUR USE OF THE ECLIPSYS.COM SITE BY YOU OR ANY OTHER PERSON UNDER YOUR CONTROL ACCESSING THE ECLIPSYS.COM SITE. Waiver, Release and Limitation of Liability.
YOU HEREBY RELEASE AND FOREVER WAIVE ANY AND ALL CLAIMS YOU MAY HAVE AGAINST ECLIPSYS, ITS OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS FOR LOSSES OR DAMAGES YOU SUSTAIN IN CONNECTION WITH YOUR USE OF THE ECLIPSYS.COM SITE. General.
This Agreement is governed by the laws of the State of Georgia, U.S.A. You hereby consent to the exclusive jurisdiction and venue of courts in Fulton County, Georgia, U.S.A. in all disputes arising out of or relating to the use of the Eclipsys.com Site. Any cause of action you may have with respect to Eclipsys must be commenced within one (1) year after the claim or cause of action arises. Eclipsys' failure to insist up or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of this Agreement. Eclipsys may assign its rights and duties under this Agreement to any party at any time without notice to you. If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law, then the Agreement shall be modified to most closely match the intent of the original provision and the remainder of this Agreement shall continue in effect. This Agreement constitutes the entire Agreement between you and Eclipsys with respect to the Eclipsys.com Site and it supersedes all prior or contemporaneous communications. Disclaimer.
Statements in this Site concerning the features of and benefits provided by Eclipsys software, content and services are forward-looking statements and actual results may differ from those projected due to a variety of risks and uncertainties. Implementation and customization of Eclipsys software is complex and time-consuming. Results depend upon a variety of factors and can vary by client. Each client's circumstances are unique and may include unforeseen issues that make it more difficult than anticipated to implement or derive benefit from software. The success and timeliness of the company's services will depend at least in part upon client involvement, which can be difficult to control. More information about company risks is available in recent Form 10-Q and 10-K filings made by Eclipsys from time to time with the Securities and Exchange Commission [Home>About Us>Investors}. Special attention is directed to the portions of those documents entitled "Risk Factors" and "Management's Discussion and Analysis of Financial Condition and Results of Operations."