LICENSE AGREEMENT

IMPORTANT – THIS IS A LEGAL AGREEMENT BETWEEN YOU (“LICENSEE”) AND HEALTHCARE SUCCESS, LLC (“HS”). BEFORE VIEWING, ACCESSING OR USING ANY PART OF THE WORK (DEFINED BELOW), LICENSEE SHOULD READ CAREFULLY THE FOLLOWING TERMS AND CONDITIONS CONTAINED IN THIS AGREEMENT AS THEY GOVERN LICENSEE’S RIGHTS AND OBLIGATIONS CONCERNING THE WORK. HS IS WILLING TO LICENSE AND ALLOW THE VIEWING, ACCESS AND USE OF THE WORK ONLY ON THE CONDITION THAT LICENSEE ACCEPTS AND AGREES TO ALL OF THE TERMS AND CONDITIONS CONTAINED IN THIS AGREEMENT. IF LICENSEE AGREES TO ALL OF THE TERMS OF THIS AGREEMENT, LICENSEE SHOULD CLICK THE “ACCEPT” BUTTON BELOW. IF LICENSEE DOES NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, LICENSEE SHOULD CLICK THE “DO NOT ACCEPT” BUTTON BELOW OR LEAVE THE WEBSITE. UNLESS ALL TERMS OF THIS AGREEMENT ARE ACCEPTED, NO RIGHT TO VIEW, ACCESS OR USE THE WORK IS HEREBY GRANTED.  

  1. License. Licensee shall register online with Healthcare Success at www.healthcaresuccess.com as a condition of being granted the license described herein. Such registration terms, when completed, shall be incorporated herein by reference. Upon completion of the registration, and subject to the terms and conditions contained herein, HS shall grant to Licensee the limited and non-exclusive right and license to access and view, for noncommercial private use only (which use shall exclude any not-for-profit private use), that certain online seminar entitled Advanced Medical Marketing Strategies, and all audio-visual, graphic, literary content thereof (the “Work”). The term (“Term”) of this Agreement shall be ninety (90) days from the date hereof. During the Term Licensee shall be permitted to view the Work up to five (5) times. Access of the Work on or from any device shall constitute one (1) viewing. At the end of the Term, or when Licensee has viewed the Work five (5) times, whichever occurs first, no further viewings will be authorized. Nothing herein shall be construed as granting to the undersigned any ownership or other rights in or to the Work. Licensee’s exercise of the rights granted herein shall conform to the restrictions or requirements set forth herein. Notwithstanding anything to the contrary contained herein, HSL reserves the right to refuse to allow Licensee to access or view the Work if, in HSL’s reasonable judgment, such access or viewing would impair, conflict with, interfere with or would be detrimental to HSL’s interests, reputation or business or might subject HSL to unfavorable regulatory action, violate any law, infringe the rights of any person or entity, or subject HSL to liability for any reason.

 

  1. Ownership. Licensee acknowledges and agrees that HS is and shall be the owner throughout the world of all right, title and interest in and to the Work, and all versions and parts thereof, derivatives and reproductions made therefrom, during and from their creation, including, without limitation, the worldwide copyrights therein and thereto, and all trademarks, patents, trade secrets, know-how, data, methods, or systems contained, embodied or disclosed in the Work. Further, Licensee shall not duplicate, use, distribute, transmit, modify, adapt, transform, or display the Work publicly without the express written consent of HS.

 

  1. Warranties and Representations; Indemnity; Liquidated Damages. Licensee hereby warrants and represents that (i) it is a licensed healthcare provider, pharmaceutical company, medical device manufacturer, medical association, or qualified health plan; (ii) that it is not, nor is it affiliated with, an advertising agency, marketing consultant, management consultant, graphic designer, or online marketer, and (iii) it has the full right and power to make and perform this Agreement. Further, Licensee agrees to indemnify HS and its affiliates, employees, agents, officers, customers, sub-licensees and assigns from and against any loss or damage, including reasonable attorney’s fees, incurred by reason of any breach of this Agreement by Licensee, including breach of the warranties and representations of this paragraph 3. Further, Licensee warrants and represents that, as part of the registration process described in paragraph 1 hereof, it shall pay a royalty to HS as a condition of being granted the license hereunder. If Licensee breaches this Agreement, including, without limitation, exceeding the scope of the license granted or by failing to pay the royalty required to be paid upon registering with HS, it shall, in addition to the continuous performance of its obligations hereunder, pay to HS liquidated damages of Two Hundred Fifty Thousand Dollars ($250,000.00), which represents the amount agreed upon by the Parties as the presumed amount of damage to be sustained by HS as a result of the breach of this Agreement. The Parties further agree that, given the nature of the Work, it would be impracticable or extremely difficult to fix the actual damage, and that such liquidated damages do not constitute a penalty.

 

  1. Confidentiality, Non-Circumvention and Non-Interference. Licensee agrees and acknowledges that any and all information, including without limitation, all know-how, methods, systems, data, business models and similar information (“Confidential Information”) which is disclosed or made available to Licensee in or through the Work, will not be disclosed or made available to any third party nor used for any purpose other than for Licensee’s own direct use. Licensee agrees to take all reasonable steps necessary to preserve the confidentiality of the Confidential Information and agrees that such information will be made available only to those of Licensee’s employees and agents who shall have a need to know the same. Licensee’s obligations as to the Confidential Information shall not extend to any information which (i) can be shown by Licensee to have been in its possession prior to the receipt thereof from HS, (ii) is now or hereafter becomes information in the public domain through no act or failure to act by Licensee or by any of its agents, contractors and/or employees; or (iii) can be shown by Licensee to have been received subsequently on a non-confidential basis from a third party who did not itself acquire the same directly or indirectly from HS. Further, Licensee shall not use the Work, or any Confidential Information contained therein, to compete with HS or to interfere with HS’s contractual rights or prospective commercial advantage.  

 

  1. General. This Agreement supersedes all negotiations, commitments and writings prior to the date hereof pertaining to the subject matter of this Agreement. This Agreement shall not be changed or modified in any manner, except by mutual consent in writing of subsequent date signed by duly authorized representatives of both parties hereto. This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective successors, sub-licensees and assignees. This Agreement shall be interpreted in accordance with the plain English meaning of its terms and the construction thereof shall be governed by the laws of the State of California, United States of America.

 

Continue

Your proposal will include:



Competitor Intel

Recommendations

Our Pricing

...and much more!

“Despite practicing in a hyper-competitive market, our new-patient counts are double what they were for the same time period last year. Hiring Healthcare Success was one of the best business decisions I have ever made.”


– Jonathan Calure, MD