Terms and Conditions

Governing Use of DxR Nursing SELECT Virtual Patient Simulation Software

DxR Development Group, Inc. ("Licensor"), through its authorized resellers, grants to you a non-exclusive, non-transferable license to use the DxR Nursing SELECT Virtual Patient Simulation Software (the "DxR Nursing SELECT").

• This is a single individual user license for personal and/or educational purposes. Upon becoming a registered user, only you may access and use the DxR Nursing SELECT Software via your account. You may not permit other individuals to access the DxR Nursing SELECT Software using your personal login ID and password.
• You may not sublicense the DxR Nursing SELECT Software or otherwise allow others to use the DxR Nursing SELECT Software licensed to you.
• Your license to use the DxR Nursing SELECT software may depend upon your active affiliation with a current Institutional Licensee for which the site was set up and configured (see Termination below), and thus may cease if this site is removed or blocked.

1. INTELLECTUAL PROPERTY

Title, ownership rights, and intellectual property rights in and to the DxR Nursing SELECT Software shall at all times remain with the Licensor. You acknowledge that you shall only have a limited license to use the DxR Nursing SELECT Software for as long as you meet and comply with the terms set out in this agreement.

2. CONTENT

The contents of the DxR Nursing SELECT Software, including text, graphics, images and other material ("Content"), are protected by copyright under both United States and foreign laws, and title to the Content shall not pass to you or any other user other than the original copyright holder.

• Unauthorized use of the Content may violate copyright, trademark, and other laws.
• None of the Content or the DxR Nursing SELECT Software may be reverse-engineered, disassembled, decompiled, reproduced, transcribed, downloaded, stored in a retrieval system, translated into any language or computer language, re-transmitted in any form or by any means (electronic, mechanical, photo reproduction, recordation or otherwise), resold or redistributed.
• DxR Nursing SELECT Software includes copyrighted materials that are used with permission of the rights holders. Notes about these materials are available under the Credits tab within the software. See also the NANDA International copyright statement below.
• NANDA International Nursing Diagnoses and Classifications, 2018-2020, 11th Edition, Edited by T. Heather Herdman and Shigemi Kamitsuru. ^© 2017 by NANDA International; 1994, 1996, 1998, 2001, 2003, 2006, 2009, 2012, 2014 by NANDA International

English language edition 2017 by Thieme Medical Publishers, Inc., New York, NY

3. DxR NURSING SELECT SOFTWARE MODIFICATIONS

Licensor and Reseller(s) reserve the right to, at any time, alter prices, features, capabilities, functions, terms of service/use, release dates, general availability, or any other characteristics of the DxR Nursing SELECT Software as it sees fit. You acknowledge that your continued use of the DxR Nursing SELECT Software thereafter constitutes your acceptance of any such changes.

4. LIMITED WARRANTY

EXCEPT AS EXPRESSLY PROVIDED HEREIN THERE ARE NO WARRANTIES, CONDITIONS OR REPRESENTATIONS, EXPRESS OR IMPLIED BY STATUTE, USAGE, CUSTOM OF THE TRADE OR OTHERWISE WITH RESPECT TO THE DxR NURSING SELECT SOFTWARE LICENSED HEREUNDER, AND LICENSOR EXPRESSLY DISCLAIMS ANY SUCH WARRANTIES, INCLUDING BUT NOT LIMITED TO, WARRANTIES OR REPRESENTATIONS OF MERCHANTABILITY, SUITABILITY OR FITNESS FOR A PARTICULAR PURPOSE, DURABILITY AND NONINFRINGEMENT OF THIRD PARTY RIGHTS. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, LICENSOR DOES NOT WARRANT THAT THE DxR Nursing SELECT SOFTWARE WILL MEET ALL OF YOUR NEEDS OR THAT OPERATION OF THE DxR NURSING SELECT SOFTWARE WILL BE ERROR FREE, AND NO REPRESENTATIONS OR WARRANTIES ARE MADE ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS OR CURRENTNESS OF THE CONTENTS OF THE DxR Nursing SELECT SOFTWARE. THE CONTENTS OF THE DxR NURSING SELECT SOFTWARE ARE NOT INTENDED IN ANY WAY TO CONSTITUTE MEDICAL ADVICE OR TO BE RELIED UPON FOR MEDICAL DIAGNOSIS OR TREATMENT; A LICENSED MEDICAL DOCTOR SHOULD ALWAYS BE CONSULTED FOR MEDICAL ADVICE. THIS LIMITED WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS AGREEMENT. IF YOU DO NOT ACCEPT THE TERMS OF THIS LIMITED WARRANTY AND AGREE TO BE BOUND HEREBY, YOU SHOULD EXIT THIS SITE IMMEDIATELY AND DISCONTINUE THE SUBSCRIPTION PROCESS.

5. LIMITATION OF LIABILITY

UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, WHETHER IN TORT, CONTRACT OR OTHERWISE, SHALL LICENSOR, RESELLER OR ANY OTHER PERSON BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR PERSONAL INJURY, PROPERTY DAMAGE, LOSS OR INTERRUPTION OF BUSINESS OR GOODWILL, WORK STOPPAGE, COMPUTER OR OTHER SYSTEM FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER PERSONAL OR COMMERCIAL DAMAGES OR LOSSES, EVEN IF LICENSOR, RESELLER OR ANY OTHER PERSON HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL LICENSOR, RESELLER OR ANY OTHER PERSON BE LIABLE FOR ANY DAMAGES WHATSOEVER IN EXCESS OF THE AMOUNT PAID FOR THE DxR NURSING SELECT SOFTWARE UNIT THAT IS THE SUBJECT MATTER OF THE CLAIM OR THAT IS DIRECTLY RELATED TO THE CAUSE OF ACTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM JURISDICTION TO JURISDICTION.

6. TERMINATION

• If you were granted access to the DxR Nursing SELECT software by an agent (faculty or staff member) of an Institutional licensee (nursing school, hospital, etc.), your license to use the software will terminate when you are no longer affiliated with that institution (either as a registered student in a nursing program that is a permitted Institutional Licensee, or as a faculty/staff member at a permitted Institutional Licensee), or when the Institutional Licensee’s term of service expires, whichever comes first.
• Licensor or Reseller may terminate this Agreement immediately at any time if you fail to comply with any term or condition of this Agreement.
• Licensor or Reseller may terminate this Agreement immediately at any time if the Institutional Licensee through which you gained access fails to comply with any term or condition of this Agreement.

7. PRIVACY

Data we collect:

Personal Information we may collect when you create an account and use the software includes: Name, Address, Phone number, email address, Institutional Licensee affiliation, Login ID and Password, scoring data generated from use of the software.

How data is used:

• DxR Nursing SELECT cloud servers may record a login ID/password that associates the user with a specific user code and specific user records. The software uses cookies and may also record temporary session information. This information is wiped upon signing out and the cookies are flagged for the browser to destroy upon closure of the browser.
• Personal information that you provide during the account creation process, by email, or through other online means, (such as a Support request), is used only for purposes necessary to serve your requests and those of the Institutional Licensee through which you gained access to the software.
• Student scoring results from DxR Nursing SELECT usage will be made visible to the instructor/Institutional Licensee at which the user is enrolled.

How we protect your privacy:

DxR Development Group, Inc., as a matter of policy, respects the privacy of all DxR Nursing SELECT users to the extent permitted by law.

• We do not sell user information, nor do we share your information with third parties, unless required to do so by law.
• We will release personal information only when legally required do so, to help law enforcement investigations, legal proceedings, internal investigations of regulation violations, or to authorized personnel acting in their official capacity on behalf of the institutional licensee (i.e. the nursing school at which the user is enrolled or the Institutional Licensee at which the user employed).
• To prevent unauthorized access, maintain data security, and ensure the correct use of information, we have enacted physical, electronic, and managerial protocols to protect information we collect online.
• Requests to delete a user account must be directed initially to the institutional licensee through which the user gained access to the software. An authorized representative of the institutional licensee must convey this request to DxR Development Group through its Support portal (support@dxrgroup.com).

8. MISCELLANEOUS

If any provision of this Agreement is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable and shall not affect the validity of the remaining portions of this Agreement. This Terms and Conditions Agreement supersedes any prior agreement or understanding, whether written or oral, relating to the DxR Nursing SELECT Software. This Agreement shall be governed by and construed under Illinois law except as preempted by federal law, without application of conflicts of law principles, and you hereby consent to personal jurisdiction and venue in the state and federal courts located in Jackson County, Illinois, U.S.A. with regard to any dispute relating to this Agreement and your use of the DxR Nursing SELECT Software.

You shall comply with all export regulations pertaining to the DxR Nursing SELECT Software in effect from time to time. In particular, without limiting the generality of the foregoing. You hereby warrant that you will not directly or indirectly export, re-export or transship the DxR Nursing SELECT Software in violation of or otherwise in contravention of applicable export laws, rules, and regulations.