End-User License Agreement to HCAR KnowledgeMesh

By posting messages, uploading files, inputting data, or engaging in any other form of communication through this service, you are granting HCAR KnowledgeMesh a royalty-free, perpetual, non-exclusive, unrestricted, worldwide license to:

Use, copy, sublicense, adapt, transmit, publicly perform or display any such communication. Sublicense to third parties the unrestricted right to exercise any of the foregoing rights granted with respect to the communication.

The foregoing grants shall include the right to exploit any proprietary rights in such communication, including but not limited to rights under copyright, trademark, servicemark or patent laws under any relevant jurisdiction.

Disclaimer

HCAR KnowledgeMesh has provided links and pointers to Internet sites maintained by third parties. Neither HCAR, its parent or subsidiary companies, nor their affiliates operate or control in any respect any information, products or services on these third-party sites. The materials in this site and the third-party sites are provided "as is" and without warranties of any kind either express or implied. To the fullest extent permissible pursuant to applicable law, HCAR KnowledgeMesh disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. HCAR KnowledgeMesh does not warrant that the functions contained in the materials will be uninterrupted or error-free, that defects will be corrected, or that this site, including bulletin boards, or the server that makes it available, are free of viruses or other harmful components. HCAR KnowledgeMesh does not warrant or make any representations regarding the use or the results of the use of the materials in this site or in third-party sites in terms of their correctness, accuracy, timeliness, reliability, or otherwise. You (and not HCAR KnowledgeMesh) assume the entire cost of all necessary maintenance, repair, or correction.

Limitation of liability

Under no circumstances, including, but not limited to, negligence, shall HCAR KnowledgeMesh, its subsidiary and parent companies or affiliates be liable for any direct, indirect, incidental, special or consequential damages that result from the use of, or the inability to use, HCAR KnowledgeMesh materials. You specifically acknowledge and agree that HCAR KnowledgeMesh is not liable for any defamatory, offensive or illegal conduct of any user. If you are dissatisfied with any HCAR KnowledgeMesh material, or with any of HCAR KnowledgeMesh 's terms and conditions, your sole and exclusive remedy is to discontinue using HCAR KnowledgeMesh.

Termination

This agreement is effective until terminated by HCAR KnowledgeMesh, at any time without notice. In the event of termination, you are no longer authorized to access the bulletin boards or any other user generated content and the restrictions imposed on you with respect to material downloaded from the bulletin boards and any other user generated content, the disclaimers and limitations of liabilities set forth in this agreement, shall survive.

Other

This agreement shall be governed by and construed in accordance with the laws of the Commonwealth of Pennsylvania without giving effect to any principles or conflicts of law. If any provision of this agreement shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions.

Notices and procedure for making claims of copyright infringement
Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement should be sent to Service Provider's Designated Agent.

THE FOLLOWING INFORMATION IS PROVIDED EXCLUSIVELY FOR NOTIFYING THE SERVICE PROVIDERS REFERENCED BELOW THAT YOUR COPYRIGHTED MATERIAL MAY HAVE BEEN INFRINGED. ALL OTHER INQUIRIES, SUCH AS REQUESTS FOR TECHNICAL ASSISTANCE, REPORTS OF EMAIL ABUSE, AND PIRACY REPORTS, WILL NOT RECEIVE A RESPONSE THROUGH THIS PROCESS.

Written notification must be submitted to the following Designated Agent:

Service Provider(s): Hershey Center for Applied Research; HCAR KnowledgeMesh ; Intelmarx, LLCName of Agent designated to receive Notification of claimed infringement: Laura Butcher

Full address of Designated Agent to which Notification should be sent:

Laura Butcher
Executive Director
Hershey Center for Applied Research
1214 Research Blvd.
P.O. Box 377
Hershey, PA 17033
(717) 566-8900
lbutcher@hersheyresearch.com

To be effective, the Notification must include the following:

A physical or electronic signature of a person authorized to act on behalf of the owner whose exclusive right is allegedly infringed;
Identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
Identification of the material that is claimed to be infringing or is the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material;
Information reasonably sufficient to permit the service provider to contact the Complaining Party, such as an address, telephone number, and if available, an electronic mail address at which the complaining party may be contacted;
A statement that the Complaining Party has good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law;
A statement that the information in the notification is accurate, and under penalty of perjury, that the Complaining Party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Upon receipt of the written Notification containing the information as outlined in 1 through 6 above:

Service Provider shall remove or disable access to the material that is alleged to be infringing;
Service Provider shall forward the written notification to such alleged infringer ("Subscriber");
Service Provider shall take reasonable steps to promptly notify the Subscriber that it has removed or disabled access to the material.

Counter Notification: To be effective, a Counter Notification must be a written communication provided to the Service Provider's Designated Agent that includes substantially the following:

A physical or electronic signature of the Subscriber;
Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
A statement under penalty of perjury that the Subscriber has a good faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled;
The Subscriber's name, address, and telephone number, and a statement that the Subscriber consents to the jurisdiction of Federal District Court for the judicial district in which the address is located, or if the Subscriber's address is outside of the United States, for any judicial district in which the Service Provider may be found, and that the Subscriber will accept service of process from the person who provided notification or an agent of such person.

Upon receipt of a Counter Notification containing the information as outlined in 1 through 4 above:

Service Provider shall promptly provide the Complaining Party with a copy of the Counter Notification;
Service Provider shall inform the Complaining Party that it will replace the removed material or cease disabling access to it within ten (10) business days;
Service Provider shall replace the removed material or cease disabling access to the material within ten (10) to fourteen (14) business days following receipt of the Counter Notification, provided Service Provider's Designated Agent has not received notice from the Complaining Party that an action has been filed seeking a court order to restrain Subscriber from engaging in infringing activity relating to the material on Service Provider's network or system.

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End-User License Agreement to HCAR KnowledgeMesh By posting messages, uploading files, inputting data, or engaging in any other form of communication through this service, you are granting HCAR KnowledgeMesh a royalty-free, perpetual, non-exclusive, unrestricted, worldwide license to: Use, copy, sublicense, adapt, transmit, publicly perform or display any such communication. Sublicense to third parties the unrestricted right to exercise any of the foregoing rights granted with respect to the communication. The foregoing grants shall include the right to exploit any proprietary rights in such communication, including but not limited to rights under copyright, trademark, servicemark or patent laws under any relevant jurisdiction. Disclaimer HCAR KnowledgeMesh has provided links and pointers to Internet sites maintained by third parties. Neither HCAR, its parent or subsidiary companies, nor their affiliates operate or control in any respect any information, products or services on these third-party sites. The materials in this site and the third-party sites are provided "as is" and without warranties of any kind either express or implied. To the fullest extent permissible pursuant to applicable law, HCAR KnowledgeMesh disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. HCAR KnowledgeMesh does not warrant that the functions contained in the materials will be uninterrupted or error-free, that defects will be corrected, or that this site, including bulletin boards, or the server that makes it available, are free of viruses or other harmful components. HCAR KnowledgeMesh does not warrant or make any representations regarding the use or the results of the use of the materials in this site or in third-party sites in terms of their correctness, accuracy, timeliness, reliability, or otherwise. You (and not HCAR KnowledgeMesh) assume the entire cost of all necessary maintenance, repair, or correction. Limitation of liability Under no circumstances, including, but not limited to, negligence, shall HCAR KnowledgeMesh, its subsidiary and parent companies or affiliates be liable for any direct, indirect, incidental, special or consequential damages that result from the use of, or the inability to use, HCAR KnowledgeMesh materials. You specifically acknowledge and agree that HCAR KnowledgeMesh is not liable for any defamatory, offensive or illegal conduct of any user. If you are dissatisfied with any HCAR KnowledgeMesh material, or with any of HCAR KnowledgeMesh 's terms and conditions, your sole and exclusive remedy is to discontinue using HCAR KnowledgeMesh. Termination This agreement is effective until terminated by HCAR KnowledgeMesh, at any time without notice. In the event of termination, you are no longer authorized to access the bulletin boards or any other user generated content and the restrictions imposed on you with respect to material downloaded from the bulletin boards and any other user generated content, the disclaimers and limitations of liabilities set forth in this agreement, shall survive. Other This agreement shall be governed by and construed in accordance with the laws of the Commonwealth of Pennsylvania without giving effect to any principles or conflicts of law. If any provision of this agreement shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions. Notices and procedure for making claims of copyright infringement Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement should be sent to Service Provider's Designated Agent. THE FOLLOWING INFORMATION IS PROVIDED EXCLUSIVELY FOR NOTIFYING THE SERVICE PROVIDERS REFERENCED BELOW THAT YOUR COPYRIGHTED MATERIAL MAY HAVE BEEN INFRINGED. ALL OTHER INQUIRIES, SUCH AS REQUESTS FOR TECHNICAL ASSISTANCE, REPORTS OF EMAIL ABUSE, AND PIRACY REPORTS, WILL NOT RECEIVE A RESPONSE THROUGH THIS PROCESS. Written notification must be submitted to the following Designated Agent: Service Provider(s): Hershey Center for Applied Research; HCAR KnowledgeMesh ; Intelmarx, LLCName of Agent designated to receive Notification of claimed infringement: Laura Butcher Full address of Designated Agent to which Notification should be sent: Laura Butcher Executive Director Hershey Center for Applied Research 1214 Research Blvd. P.O. Box 377 Hershey, PA 17033 (717) 566-8900 lbutcher@hersheyresearch.com To be effective, the Notification must include the following: A physical or electronic signature of a person authorized to act on behalf of the owner whose exclusive right is allegedly infringed; Identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site; Identification of the material that is claimed to be infringing or is the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material; Information reasonably sufficient to permit the service provider to contact the Complaining Party, such as an address, telephone number, and if available, an electronic mail address at which the complaining party may be contacted; A statement that the Complaining Party has good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; A statement that the information in the notification is accurate, and under penalty of perjury, that the Complaining Party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. Upon receipt of the written Notification containing the information as outlined in 1 through 6 above: Service Provider shall remove or disable access to the material that is alleged to be infringing; Service Provider shall forward the written notification to such alleged infringer ("Subscriber"); Service Provider shall take reasonable steps to promptly notify the Subscriber that it has removed or disabled access to the material. Counter Notification: To be effective, a Counter Notification must be a written communication provided to the Service Provider's Designated Agent that includes substantially the following: A physical or electronic signature of the Subscriber; Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled; A statement under penalty of perjury that the Subscriber has a good faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled; The Subscriber's name, address, and telephone number, and a statement that the Subscriber consents to the jurisdiction of Federal District Court for the judicial district in which the address is located, or if the Subscriber's address is outside of the United States, for any judicial district in which the Service Provider may be found, and that the Subscriber will accept service of process from the person who provided notification or an agent of such person. Upon receipt of a Counter Notification containing the information as outlined in 1 through 4 above: Service Provider shall promptly provide the Complaining Party with a copy of the Counter Notification; Service Provider shall inform the Complaining Party that it will replace the removed material or cease disabling access to it within ten (10) business days; Service Provider shall replace the removed material or cease disabling access to the material within ten (10) to fourteen (14) business days following receipt of the Counter Notification, provided Service Provider's Designated Agent has not received notice from the Complaining Party that an action has been filed seeking a court order to restrain Subscriber from engaging in infringing activity relating to the material on Service Provider's network or system.
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