Usage Agreement and Application for the Dorenfest Institute for H.I.T. Research and Education Database

1. The Database

The Dorenfest Institute for H.I.T. Research and Education Database includes a variety of detailed historical data about information technology (IT) use in hospitals and integrated delivery networks. This data includes the entire library of Dorenfest 3000+Databases™ and Dorenfest Integrated Healthcare Delivery System Databases™  for the period 1986 through 2003 (hereinafter referred to at the ‘Database’), and 2004 through 2009 data from the HIMSS Analytics™ database.

Access to and use of this Database at no charge is restricted to universities, students under university license, and U.S. federal, state, and local governments, and governments of other countries that will be using the data for research purposes. Potential users (‘Licensees’) to this Database must read this Usage Agreement and complete and submit the Application for Access to The Dorenfest Institute for H.I.T. Research and Education Database included within this Usage Agreement.

The Database will be available to the Licensee via a secured Web site.

2. Term of License

Authorized Licensees will receive access to the Database for a period of six (6) months from the time the application is approved.

3. Nature of License

  • The Licensee acknowledges and agrees that: (i) the Licensed Data is proprietary to and the confidential property of the Licensor and constitutes valuable information in which the Licensor holds all trade secret rights and copyrights; (ii) the Licensee acquires no right(s) in the Licensed Data except to use the Licensed Data solely within the Licensee’s own organization or agency and for the Licensee’s own purposes during the License Term in accordance with this Agreement; and (iii) the Licensee and its affiliates will not challenge the rights claimed by the Licensor in the Database and the Licensed Data. The Licensee agrees to treat the Licensed Data in the same manner as the Licensee’s most confidential information, but in any event not less than a reasonable degree of care.
  • The Licensee will take appropriate measures, by instruction, agreement, or otherwise, to ensure compliance with this Agreement during his or her relationship with the Licensee and thereafter pursuant to this Agreement. Unless the Licensee has obtained the express prior written authorization of the Licensor, the Licensee shall not use all or any part(s) of the Licensed Data for numerical or text quotation(s) for advertising or public relations. The Licensee shall not copy or reproduce in any form any or all of the Licensed Data unless the use of that data is related to the research project described in the Licensee’s Usage Agreement and Application for Access to The Dorenfest Institute for H.I.T. Research and Education Database. However, under no circumstances can the Licensee reproduce the Database in its entirety.
  • The Licensee agrees to cite the source of the data used from The Dorenfest Institute for H.I.T. Research and Education Database. The following language must appear at the bottom of each page in an article or research paper in which the data is cited:

Data Source: The Dorenfest Institute for H.I.T. Research and Education, HIMSS Foundation, Chicago, Illinois, 2010.

  • The Licensee agrees to keep the unique password provided to the Database private and not share it with individuals not covered in the Application.
  • The Licensee agrees to submit the written results of the research project (e.g., white paper, research report, thesis, article) to The Dorenfest Institute within 30 (thirty) days after the conclusion of the research project. The Licensor will have the right to post the report, article, or thesis on the Dorenfest Web site, as part of the Dorenfest database, unless the Licensee has submitted the document for publication in a professional journal, magazine or book.
  • The Licensee should indicate whether the report, thesis, article, etc. will be submitted for publication.
  • Notwithstanding the above, the Licensee shall have no obligations with respect to any information in or about the Licensed Data demonstrated to have already been known to the Licensee before receipt of the Licensed Data, or otherwise is or becomes part of the public domain without violation of this Agreement.

4. Warranty

The Licensee acknowledges that the data in the Database are collected by or on behalf of the Licensor and, while the Licensor reasonably believes such data to be accurate, the Licensor makes and Licensee receives no warranty, express or implied, and all warranties of merchantability and fitness for a particular purpose are expressly excluded. The Licensor shall have no liability with respect to any or all of its duties and obligations under this agreement for consequential, exemplary, special, or incidental damages, even if the Licensor has been advised of the possibility of such damages. In no event shall the Licensor’s liability for damages, regardless of the form of action, exceed the amount paid by the licensee for the relevant licensed data.

5. Termination

Whenever the Licensor has knowledge or reason to believe that the Licensee has failed to observe any of the terms and conditions of this Agreement, the Licensor shall notify the Licensee in writing of the suspected breach. If, within 30 days of such notice, the Licensee fails to prove to the Licensor’s reasonable satisfaction that the Licensee has not breached this Agreement, the Licensor may terminate the License and this Agreement.

6. Other

  • The Licensee may not assign or sub-license to any person or entity its rights, duties, or obligations under this Agreement, to any person or entity, in whole or in part. This Agreement is binding upon the Parties and their respective heirs, assigns, and successors in interest.
  • This Agreement and performance hereunder shall be governed by the laws of the State of Illinois without reference to conflicts of laws provisions.
  • Notwithstanding anything to the contrary in this Agreement, the Licensee acknowledges and agrees that the Licensor in its sole discretion may change any or all of the format and content of the database at any time.

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