XML PUBLIC LICENSE AND TERMS OF USE

MedBiquitous XML (including schemas, specifications, sample documents, Web services description files, and related items) is provided by the copyright holders under the following license. By obtaining, using, and or copying this work, you (the licensee) agree that you have read, understood, and will comply with the following terms and conditions.

The Consortium hereby grants a perpetual, non-exclusive, non-transferable, license to copy, use, display, perform, modify, make derivative works of, and develop the MedBiquitous XML for any use and without any fee or royalty, provided that you include the following on ALL copies of the MedBiquitous XML or portions thereof, including modifications, that you make.

1. Any pre-existing intellectual property disclaimers, notices, or terms and conditions. If none exist, the following notice should be used: "Copyright © [date of XML release] MedBiquitous Consortium. All Rights Reserved. http://www.medbiq.org"
2. Notice of any changes or modification to the MedBiquitous XML files.
3. Notice that any user is bound by the terms of this license and reference to the full text of this license in a location viewable to users of the redistributed or derivative work.

In the event that the licensee modifies any part of the MedBiquitous XML, it will not then represent to the public, through any act or omission, that the resulting modification is an official specification of the MedBiquitous Consortium unless and until such modification is officially adopted.

THE CONSORTIUM MAKES NO WARRANTIES OR REPRESENTATIONS, EXPRESS OR IMPLIED, WITH RESPECT TO ANY COMPUTER CODE, INCLUDING SCHEMAS, SPECIFICATIONS, SAMPLE DOCUMENTS, WEB SERVICES DESCRIPTION FILES, AND RELATED ITEMS. WITHOUT LIMITING THE FOREGOING, THE CONSORTIUM DISCLAIMS ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AND ANY WARRANTY, EXPRESS OR IMPLIED, AGAINST INFRINGEMENT BY THE MEDBIQUITOUS XML OF ANY THIRD PARTY PATENTS, TRADEMARKS, COPYRIGHTS OR OTHER RIGHTS. THE LICENSEE AGREES THAT ALL COMPUTER CODES OR RELATED ITEMS PROVIDED SHALL BE ACCEPTED BY LICENSEE "AS IS". THUS, THE ENTIRE RISK OF NON-PERFORMANCE OF THE MEDBIQUITOUS XML RESTS WITH THE LICENSEE WHO SHALL BEAR ALL COSTS OF ANY SERVICE, REPAIR OR CORRECTION.

IN NO EVENT SHALL THE CONSORTIUM OR ITS MEMBERS BE LIABLE TO THE LICENSEE OR ANY OTHER USER FOR DAMAGES OF ANY NATURE, INCLUDING, WITHOUT LIMITATION, ANY GENERAL, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR SPECIAL DAMAGES, INCLUDING LOST PROFITS, ARISING OUT OF ANY USE OF MEDBIQUITOUS XML.

LICENSEE SHALL INDEMNIFY THE CONSORTIUM AND EACH OF ITS MEMBERS FROM ANY LOSS, CLAIM, DAMAGE OR LIABILITY (INCLUDING, WITHOUT LIMITATION, PAYMENT OF ATTORNEYS' FEES AND COURT COSTS) ARISING OUT OF MODIFICATION OR USE OF THE MEDBIQUITOUS XML OR ANY RELATED CONTENT OR MATERIAL BY LICENSEE.

LICENSEE SHALL NOT OBTAIN OR ATTEMPT TO OBTAIN ANY PATENTS, COPYRIGHTS OR OTHER PROPRIETARY RIGHTS WITH RESPECT TO THE MEDBIQUITOUS XML.

THIS LICENSE SHALL TERMINATE AUTOMATICALLY IF LICENSEE VIOLATES ANY OF ITS TERMS AND CONDITIONS.

The name and trademarks of the MedBiquitous Consortium and its members may NOT be used in advertising or publicity pertaining to MedBiquitous XML without specific, prior written permission. Title to copyright in MedBiquitous XML and any associated documentation will at all times remain with the copyright holders.

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