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GENERAL

Scope of this Policy

1stCallHEALTH, LLC. (“1stCallHealth,” “we,” “us,” or “our”) recognizes the importance of protecting the privacy of your personal information. We have developed this privacy policy (“Privacy Policy”) to explain how 1stCallHEALTH collects, uses and discloses information from and/or about you. For clarity we have provided a unique Website Privacy Policy and App Privacy Policy. The Website Privacy Policy, explains how 1stCallHEALTH collects and uses the personal information of visitors to all websites maintained and operated by 1stCallHEALTH (collectively, “Website). The “App Privacy Policy”, explains how 1stCallHEALTH will use and collect information from users as we add applications (mobile or otherwise) or other software (collectively, “App”). By using the Website or any App will provide in the future, you acknowledge the practices and policies outlined in this Privacy Policy, and applicable sections, and agree that we can collect and use your information as described. If you do not agree, you must not use the Website or the App. Your use of the Website or the App constitutes your agreement to the terms of this Privacy Policy. As used in this Privacy Policy, the term “Personal Information” means information about you that is personally identifiable, such as contact information, and other non-public information that is personally identifiable.

This Privacy Policy does not govern privacy practices with respect to any individually identifiable health information (also referred to as “Protected Health Information” or “PHI”). Your PHI is located in the AdvancedMD platform and is governed by the AdvancedMD Privacy Policy.

The 1stCallHEALTH Notice of Privacy Practices describes how 1stCallHEALTH uses, maintains and shares your PHI and describes your rights with respect to your PHI. This Privacy Policy also does not apply to the practices of any third-parties, which have privacy policies of their own. These third-parties and websites not listed above have their own privacy policies. We encourage you to read those privacy policies before providing personal information through third-party websites or applications. We are not responsible for the privacy practices of these third-parties.

Updates to this Policy

We may update this Privacy Policy from time to time. When we do so, we will take appropriate measures to inform you, consistent with the significance of the changes we will make. You can see when this Privacy Policy was last updated by checking the “last updated” date displayed at the top of this Privacy Policy.

Website Privacy Policy

Please read this policy carefully to understand our practices regarding your information and how we will treat it. If you do not agree with our policies and practices, your choice is not to use our Website. By accessing or using this Website, you agree to the Website Privacy Policy.

COLLECTIONS OF INFORMATIONS

Information You Provide to Us

We collect information you provide directly to us. For example, we collect information when you fill out a form, complete a risk assessment tool, register for and participate in a Visit, webinar or survey, interact with a nurse practitioner or other clinical provider (each, a “Provider”) request a demo, submit a request for customer support, apply for a job, communicate with us via third party social media sites, or otherwise communicate with us. The types of information we typically may collect include contact information such as your name, phone number and email address as well as information you share with us during webinars, demos, or communications with our customer services team. We will also require personal information to set up your account, such as date of birth. If you make a request through our Website related to your personal information or medical record we may collect additional information for purposes of identity verification and fulfilling the request, including postal address, phone number, date of birth, gender, and any additional demographic information that may be needed to verify your identity in the case of certain requests. If you apply for a job with us, we will collect application information from you, such as the demographic information detailed above as well as your resume or details about your medical practice.

Use of Information

We use the information we collect to provide, maintain, personalize and improve our Website and to deliver the services you request. If you are a nurse practitioner applying as an independent contractor with us, we use the information we collect to determine your eligibility for a contract relationship with us. We may also use the information we collect to:

  • Send you technical notices, updates, security alerts and support and administrative messages;
  • Respond to your comments, questions and requests and provide customer service;
  • Communicate with you about services, offers, promotions, and events offered by 1stCallHEALTH and others, and provide news and information we think will be of interest to you;
  • Monitor and analyze trends, usage and activities in connection with our Services;
  • Detect, investigate and prevent fraudulent transactions and other illegal activities and protect the rights and property of 1stCallHEALTH and others; and
  • Carry out any other purpose described to you at the time the information was collected.

Sharing of Information

We share the information we collect as follows or as otherwise described in this Privacy Policy:

  • With vendors, consultants and other service providers who need access to such information to carry out work on our behalf;
  • In response to a request for information if we believe disclosure is in accordance with, or required by, any applicable law, regulation or legal process;
  • If we believe your actions are inconsistent with our user agreements or policies, or to protect the rights, property and safety of 1stCallHEALTH or others;
  • In connection with, or during negotiations of, any merger, sale of company assets, financing or acquisition of all or a portion of our business by another company;
  • Between and among 1stCallHEALTH and our current and future partners, affiliates, subsidiaries and other companies under common control and ownership; and
  • We may also share aggregated or de-identified information, which cannot reasonably be used to identify you.
  • 1stCallHEALTH will NOT sell your information.

Advertising and Analytics Services Provided by Others

We may allow others to provide analytics services and serve advertisements on our behalf across the Internet. These entities may use cookies, web beacons, device identifiers and other technologies to collect information about your use of the Services and other websites and applications, including your IP address, web browser, mobile network information, pages viewed, time spent on pages or in apps, links clicked and conversion information.

This information may be used by 1stCallHEALTH and others to, among other things, analyze and track data, determine the popularity of certain content, deliver advertising and content targeted to your interests on our Services and other websites and better understand your online activity. The Website is not intended for the exchange of medical information. To the extent medical information is provided by you, for example, in a form or through other forms of communication, we do not use, and do not allow our partners to use, any of your medical or treatment information for advertising purposes. For more information about our privacy practices when you use any future App we may develop and seek health care from us, see our App Privacy Policy and Notice of Privacy Practices.

Security

1stCallHEALTH takes reasonable measures to help protect information about you from loss, theft, misuse and unauthorized access, disclosure, alteration and destruction. Transfer of Information to the U.S. and Other Countries 1stCallHEALTH is based in the United States and the information we collect is governed by U.S. law. By accessing or using the Website or otherwise providing information to us, you consent to the processing, transfer and storage of information in and to the U.S. and other countries, where you may not have the same rights and protections as you do under local law.

Your Choices

Account Information If you make an account to communicate with us on the Website, you may make a request to update, correct or delete information about you at any time by emailing [email protected]. In some cases, we may also retain cached or archived copies of information about you for a certain period of time. Please see the App Privacy Policy for information about deletion or deactivation of your account.

Cookies

Most web browsers are set to accept cookies by default. If you prefer, you can usually choose to set your browser to remove or reject browser cookies. Please note that if you choose to remove or reject cookies, this could affect the availability and functionality of parts of our Website.

Promotional Emails

When you provide your email to us through our Website you may receive promotional emails or emails related to your request or business relationship with us. You may opt out of receiving promotional emails from 1stCallHEALTH by following the instructions in those emails. If you opt out, we may still send you non-promotional emails, such as those about any active requests or ongoing business relations.

Not Intended for Minors

The Website is not intended for use by minors, individuals under 18 years of age, and under 19 years of age in Nebraska. We do not knowingly collect personal information from individuals under 16 years of age. If we learn we have collected or received personal information from a child under 16 without verification of parental consent, we will delete that information.

Contact Information

If you have any questions or comments about this Privacy Policy or our privacy practices generally, you may contact us by submitting an inquiry by emailing us at [email protected]

App Privacy Policy

This App Privacy Policy explains how 1stCallHEALTH may collect, use, and disclose personal information about you when you download and/or use any Apps will may develop. Any future App and our current Website will be connected to our partner AdvancedMD for access to your medical record and to engage in telehealth activities. For further information about treatment of your Protected Health Information (PHI) please see our Notice of Privacy Practices (NPP).

Information You Provide to Us

INFORMATION WE COLLECT AUTOMATICALLY

Location Information

Our App or Website may collect real-time information about the location of your device for certain features, for example to assist you with identifying a pharmacy near you if you are receiving a prescription. We ask your permission before collecting this information. If you do not want us to collect this information you may disable location services in your device settings. Note, however, that opting out of the Website or App’s collection of location information will cause its location-based features to be disabled.

Information Collection and Tracking Technologies The technology we use for automatic information collection may include:

  • Cookies (or mobile cookies): A cookie is a small file placed on your smartphone or desktop device. It may be possible to refuse to accept cookies by activating the appropriate setting on your smartphone. However, if you select this setting you may be unable to access certain parts or features of our App or Website.
  • Web beacons: Screens of the App or Website may contain small electronic files known as web beacons (also referred to as clear gifs, pixel tags, and single pixel gifs) that permit 1stCallHEALTH, for example, to count users who have visited those screens and for other related app statistics, such as verifying system integrity.
  • Information We Collect From Other Sources: We may also obtain information from other sources and combine that with the information we collect through our App or Website. For example, we may collect information about you from third parties, such as your employer or University if you have access to 1stCallHEALTH through them. This allows us to confirm you are eligible to receive care through an agreement with your employer or as a covered student.

Use of Information

When you use our App or Website we use the information we collect to provide, maintain, personalize and improve our App/Website and Services and to deliver the services requested by you.

Subject to applicable legal restrictions, we may use your personal information to:

  • Send you technical notices, updates, security alerts and support and administrative messages;
  • Respond to your comments, questions and requests and provide customer service;
  • Communicate with you about services, offers, promotions, and events offered by 1stCallHEALTH and others, and provide news and information we think will be of interest to you;
  • Monitor and analyze trends, usage and activities in connection with our Services;
  • Detect, investigate and prevent fraudulent transactions and other illegal activities and protect the rights and property of 1stCallHEALTH and others; and
  • Carry out any other purpose described to you at the time the information was collected.

Sharing of Information

We share the information we collect as follows or as otherwise described in this Privacy Policy:

  • Provide you with the App/Website;
  • Authenticate when you sign in to your account, including taking steps to verify your identity;
  • Send you follow-up communications related to the services;
  • Improve the quality of the App/Website;
  • Create new applications, Software, Services or Websites;
  • Create De-Identified Information;
  • Market the Apps and Services to you;
  • Fulfill any purpose for which you give us authorization;
  • Improve the Website or Services and/or their respective content, features and/or services;
  • Improve the products, services, marketing and/or promotional efforts of 1stCallHEALTH; or
  • Create new products, services, marketing and/or promotions for 1stCallHEALTH.

Disclosure of Personal Information

Subject to applicable legal restrictions, we may share personal information that you provide or that we collect:

  • To subsidiaries, affiliates and business associates;
  • To various contractors, service providers and other third-parties we use to support our business who are contractually obligated to keep personal information confidential and use it only for the purposes for which we disclose it to them (such third-parties include, but are not limited to, websites hosting providers, data hosting providers, customer support providers, communications vendors and various other IT service providers);
  • As required by law, including in response to a court order;
  • When we reasonably believe that such disclosure is necessary to protect your safety or the safety of others, to protect our rights, to investigate fraud or respond to a government request;
  • To a buyer or other successor in the event of a merger, divestiture, restructuring, reorganization, dissolution or other sale or transfer of some or all of 1stCallHEALTH’s assets, whether as a going concern or as part of bankruptcy, liquidation or similar proceeding, in which personal information maintained by the Apps, Services, or Websites is among the assets transferred; or
  • For any other purpose that we disclose to you when you provide the information.

Account Information

When you download or use our App and create an account with 1stCallHEALTH on the App or the Website, you have choices about how we communicate with you and the personal information we collect. You may make a request to update, correct or delete information about you or to deactivate your account at any time by emailing [email protected]. It is important to note that records related to your health care are generally required to be retained by law and that we may be required to retain certain other information due to legal requirements or for legitimate business purposes. To the extent we are able to delete information, we may also retain cached or archived copies of information about you for a certain period of time.

Email Subscriptions

When you use the App or Website and create your account you will receive certain emails about the App or Website and Services and some specifically related to your use of the App, the Website, and Services. You can always unsubscribe from commercial or promotional emails by clicking unsubscribe. We will still send you transactional and relational emails about your use of the App and/or Website and your health care.

Text Messages and Push Notifications

We may send you text messages and push notifications to communicate about the Services you receive and give you updates, such as alerts about messages in your account, status of care plans or prescriptions or to request your feedback on your experience using our Services. You can unsubscribe from text messages by following instructions for unsubscribing. You can opt out of receiving push notifications through your device settings. Please note that opting out of receiving text messages or push notifications may impact your use of the 1stCallHEALTH App or Website (such as receiving a notification that the Nurse Practitioner or clinical provider has joined a visit or that your care plan is ready for review).

Location Information

You can prevent your device from sharing location information through your device’s system settings. But if you do, this may impact 1stCallHEALTH’s ability to provide you our full range of features and services, for example, identifying a nearby pharmacy if you are receiving a prescription during your visit.

Profile Information

You can review and edit certain account information you have chosen to add to your profile by logging into your account profile. There are some types of information that cannot be changed through logging in, such as your birthdate. If there is an error in the information you have added to your profile please email us to correct it at [email protected].

Deleting or Deactivating Your Account

If you would like to delete or deactivate your account, please email us your request at [email protected]. In some cases, we are unable to delete or deactivate as we are required to maintain a record of health care provided, or, for example, if there is an issue related to fraud or an open legal claim. When we deactivate or delete an account, we may retain certain information for legitimate business purposes or to comply with legal or regulatory obligations.

Security

1stCallHEALTH takes reasonable measures to help protect information about you from loss, theft, misuse and unauthorized access, disclosure, alteration and destruction. The safety and security of your information also depends on you. You are responsible for your devices and should take appropriate measures to ensure others from gaining access to your account, such as setting a password for any smartphones or computers used to access the App or Website. Personal Information of Minors: The App or Website is not intended for use by minors, individuals under 18 years of age, and under 19 years of age in Nebraska. If your account allows you to seek care for a dependent minor, when you do so, your use of the App or Website to seek this care and agreement to the applicable Terms of Use or End User constitutes consent for collection of information about that minor. This Privacy Policy applies to the collection of personal information about minors in that case.

Notice of Privacy Practices

This Joint Notice of Privacy Practices (Notice) is being provided to you on behalf of 1stCallHEALTH, LLC, and the 1stCallHEALTH nurse practitioners and clinical providers contracted with 1stCallHEALTH, LLC (collectively referred to herein as “we” or “our”) and describes how health information about you may be used and disclosed and how you can get access to this information. If you are obtaining healthcare services on behalf of someone else, in accordance with the applicable End User License Agreement or Terms of Use, this policy applies to information collected about that person. Please review it carefully.

We are committed to protecting the confidentiality of your health information. We are required by law to maintain the privacy of your Protected Health Information (commonly called PHI or health information), including PHI in electronic format. We are also required to notify you of our legal duties and privacy practices regarding your health information and abide by the practices of this Notice, unless more stringent laws or regulations apply. This Notice applies to all 1stCallHEALTH services and the contracted providers that provide healthcare to you. If you have any questions about this notice, please contact 1stCallHEALTH by emailing us at [email protected] ATTN: Privacy. Through our partner AdvancedMD, we keep a record of the healthcare services we provide you. You may ask us to see and copy that record. You may also ask us to correct that record. We will not disclose your record to others unless you direct us to do so or unless the law authorizes or compels us to do so for the purposes of interoperability for your health care. You may see your record or get more information about it by contacting us at [email protected]. Your records may be destroyed after the applicable retention period per applicable state and/or federal law.

Effective Date and Changes to this Notice

This current Notice takes effect on the date listed above and will remain in effect until it is replaced. We may change this notice at any time. If the Notice changes, the new terms will apply to all of the information that we maintain, including information created or received before the change was made. Updated versions of this notice will be posted on the 1stCallHEALTH website with the updated effective date and significant updates will be presented to you the next time you use the Software or Service.

Inspection and Copies

You can ask to see or get an electronic or paper copy of your medical record and other health information that we have about you by submitting a Patient Authorization to Release Medical Record form. You can request this by emailing us at [email protected]. We will provide a copy or a summary of your health information. A reasonable, cost-based fee may be charged to do this. We will notify you of the cost involved and you will have the chance to change or withdraw your request at that time before any charges.

Amendment

If you think health information we have about you is incorrect or incomplete, you may ask 1stCallHEALTH to correct the information. To request an amendment, complete and submit a health record amendment/correction request to 1stCallHEALTH by emailing [email protected] and requesting to make a change to your health record and we will provide instructions to you about how to make the request. If 1stCallHEALTH corrects the information as you requested we will inform you. 1stCallHEALTH may say “no” to your request, but will tell you why in writing. You have the right to add a statement to your record if this happens.

Confidential Communication

You can ask 1stCallHEALTH to contact you in a specific way (for example, to send email to a different address). 1stCallHEALTH will accommodate all reasonable requests.

Disclosure of Personal Information

Subject to applicable legal restrictions, we may share personal information that you provide or that we collect:

  • To subsidiaries, affiliates and business associates;
  • To various contractors, service providers and other third-parties we use to support our business who are contractually obligated to keep personal information confidential and use it only for the purposes for which we disclose it to them (such third-parties include, but are not limited to, websites hosting providers, data hosting providers, customer support providers, communications vendors and various other IT service providers);
  • As required by law, including in response to a court order;
  • When we reasonably believe that such disclosure is necessary to protect your safety or the safety of others, to protect our rights, to investigate fraud or respond to a government request;
  • To a buyer or other successor in the event of a merger, divestiture, restructuring, reorganization, dissolution or other sale or transfer of some or all of 1stCallHEALTH’s assets, whether as a going concern or as part of bankruptcy, liquidation or similar proceeding, in which personal information maintained by the Apps, Services, or Websites is among the assets transferred; or
  • For any other purpose that we disclose to you when you provide the information.

Restrictions

You can ask 1stCallHEALTH not to use or share certain health information for treatment, payment or our operations. 1stCallHEALTH is not required to agree to your request, and may not be able to accommodate such request if it would affect your care.

Accounting of Disclosures

You can ask for a list of “accounting” of the times 1stCallHEALTH has shared your health information for six years prior to the date you ask, who it has been shared with and why. 1stCallHEALTH will include all the disclosures except for those about treatment, payment and health care operations, and certain other disclosures (such as any you asked us to make). 1stCallHEALTH will provide one accounting per year for free but will charge a reasonable, cost based fee for additional requests within 12 months.

Paper Copy

You can ask for a paper copy of this notice at any time, even if you have agreed to receive it electronically. You may also find a copy of this Notice on our website. To obtain a paper copy, contact 1stCallHealth by emailing [email protected].

Complaint

You can complain if you feel 1stCallHEALTH has violated your rights discussed in this Notice by contacting us at [email protected]. You also can file a complaint with the U.S. Department of Health and Human Services Office for Civil Rights by sending a letter to:

200 Independence Avenue SW Washington, D.C. 20201

You can also call them at 1-877-696-6775 Or visit https://www.hhs.gov/hipaa/filing-a-complaint/complaint-process/index.html.

1stCallHEALTH will not retaliate against you for filing a complaint.
Uses and Disclosures of Health Information
1stCallHEALTH will use and disclose health information in the following ways:

Treatment 1stCallHEALTH may use self-reported health information about you to provide you with healthcare treatment or services. To the extent permitted by HIPAA, 1stCallHEALTH may disclose health information about you to doctors, nurses, technicians, staff or other personnel who are involved in taking care of you and your health. In addition, 1stCallHEALTH may share information about you and disclose information to people who do not directly work with 1stCallHEALTH in order to coordinate care and further your treatment, for example, sending prescriptions to your pharmacy, orders to laboratories, or sharing records with other providers that require information about treatment you received from 1stCallHEALTH.

Complaint

You can complain if you feel 1stCallHEALTH has violated your rights discussed in this Notice by contacting us at [email protected]. You also can file a complaint with the U.S. Department of Health and Human Services Office for Civil Rights by sending a letter to:

200 Independence Avenue SW Washington, D.C. 20201

You can also call them at 1-877-696-6775 Or visit https://www.hhs.gov/hipaa/filing-a-complaint/complaint-process/index.html.

1stCallHEALTH will not retaliate against you for filing a complaint.
Uses and Disclosures of Health Information
1stCallHEALTH will use and disclose health information in the following ways:

Treatment 1stCallHEALTH may use self-reported health information about you to provide you with healthcare treatment or services. To the extent permitted by HIPAA, 1stCallHEALTH may disclose health information about you to doctors, nurses, technicians, staff or other personnel who are involved in taking care of you and your health. In addition, 1stCallHEALTH may share information about you and disclose information to people who do not directly work with 1stCallHEALTH in order to coordinate care and further your treatment, for example, sending prescriptions to your pharmacy, orders to laboratories, or sharing records with other providers that require information about treatment you received from 1stCallHEALTH.

Healthcare Operations

In accordance with HIPAA, 1stCallHEALTH may use and disclose health information about you in order to run 1stCallHEALTH and make sure that you and our other patients receive quality care. This may include 1stCallHEALTH sending you surveys or questionnaires to request your feedback about our software and services. You can opt out of these types of communications by unsubscribing, though we will continue to communicate with you about any services that you request from us.

Research

1stCallHEALTH may use and disclose your health information for human subject research purposes, subject to the confidentiality provisions of state and federal law. If your identifiable information will be used as a part of one of these research projects you may be asked to authorize specific uses in a HIPAA authorization and study consent form.

Product Development and User Experience Research

1stCallHEALTH may use your health information to develop new software products. We may contact you for feedback about the software, your experience with 1stCallHEALTH or our services as part of our product development. You can always opt-out of these communications. You may be asked to authorize specific uses of your health information in a HIPAA authorization form.

Marketing

1stCallHEALTH will use your information, such as demographic and contact information, and information about your healthcare to identify programs, initiatives and information that are likely to interest you and contact you about those programs, initiatives or information. You may be asked to authorize specific uses in a HIPAA authorization. 1stCallHEALTH does not receive any payment for sharing your information. 1stCallHEALTH will not provide your information to unrelated parties for their own marketing and will not use this information for telephone solicitations. 1stCallHEALTH does not and will not sell patient lists to third-parties for their own marketing activities.

Authorization

1stCallHEALTH is permitted to use and disclose your health information upon your written authorization, to the extent such use or disclosure is consistent with your authorization. You may revoke an authorization at any time. As Required by Law 1stCallHEALTH may use and disclose your health information to the extent required by law.

Unique Circumstances

The following categories describe unique circumstances in which 1stCallHEALTH may use and disclose your health information:

  • Help with public health and safety issues
  • 1stCallHEALTH may use and disclose health information about you for certain situations such as: preventing disease; helping with product recalls; reporting adverse reactions to medications; reporting suspected abuse, neglect, or domestic violence; preventing or reducing a serious threat to anyone’s health or safety.
  • Respond to Organ and Tissue Donation
  • 1stCallHEALTH may release health information to organizations that handle organ procurement.
  • Military, Veterans, National Security and Intelligence
  • If you are or were a member of the armed forces, or part of the national security or intelligence communities, 1stCallHEALTH may be required by military command or other government authorities to release health information about you. 1stCallHEALTH may also release information about foreign military personnel to the appropriate foreign military authority.
  • Address Workers’ Compensation, law enforcement and other government requests 1stCallHEALTH may use or share information about you in the following circumstances: for worker’s compensation claims; for law enforcement purposes or with a law enforcement official; with health oversight agencies for activities authorized by law; and for special government functions such as military, national security, and presidential protective services.
  • Work with Coroners, Medical Examiners and Funeral Directors
  • 1stCallHEALTH may release health information to a coroner or medical examiner. This may be necessary, for example, to identify a deceased person or determine the cause of death.
  • Respond to Lawsuits and Legal Actions
  • 1stCallHEALTH may share your health information in response to a court or administrative order, or subpoena.
  • Information Not Personally Identifiable
  • 1stCallHEALTH may use or disclose health information about you in a way that does not personally identify you.

Blog Policy

  • Blog Contents & Materials. The 1stCallHEALTH blog (“blog”) content and linked materials are provided for informational and/or educational purposes only. The content and links are not intended to be a substitute for professional medical advice, diagnosis or treatment. 1stCallHEALTH does not recommend or endorse specific tests, medical providers, products, procedures, opinions or other information included on the blog. Reliance on the information presented on the blog is at your own risk. Never disregard professional medical advice or delay seeking treatment based on what you have read or seen on the blog. If you believe you may be experiencing a medical emergency, contact 911 or another medical emergency line immediately.
  • Links to Third-Party Websites. The blog may contain links to third-party websites. These links are provided for your convenience. 1stCallHEALTH is not affiliated with and does not endorse any third-party website or its contents, information, opinions, services or products. Further, 1stCallHEALTH does not control or make any representations regarding the accuracy, relevance, timeliness or completeness of the contents of any third-party website. By clicking a link to a third-party website, you are subject to the policies and terms of such site, including but not limited to its terms of use and privacy policies. If you decide to access a linked website, you do so at your own risk.
  • Updates. 1stCallHEALTH reserves the right to make alterations or deletions to the blog contents at any time, without notice. 1stCallHEALTH does not undertake an obligation to update the blog contents, nor does it attest that all information is complete or up-to-date.

TERMS AND CONDITIONS FOR USE, REPRODUCTION, AND DISTRIBUTIONS

Definitions

“License” shall mean the terms and conditions for use, reproduction, and distribution as defined by Sections 1 through 9 of this document. “Licensor” shall mean the copyright owner or entity authorized by the copyright owner that is granting the License. “Legal Entity” shall mean the union of the acting entity and all other entities that control, are controlled by, or are under common control with that entity. For the purposes of this definition, “control” means (i) the power, direct or indirect, to cause the direction or management of such entity, whether by contract or otherwise, or (ii) ownership of fifty percent (50%) or more of the outstanding shares, or (iii) beneficial ownership of such entity. “You” (or “Your”) shall mean an individual or Legal Entity exercising permissions granted by this License. “Source” form shall mean the preferred form for making modifications, including but not limited to software source code, documentation source, and configuration files. “Object” form shall mean any form resulting from mechanical transformation or translation of a Source form, including but not limited to compiled object code, generated documentation, and conversions to other media types. “Work” shall mean the work of authorship, whether in Source or Object form, made available under the License, as indicated by a copyright notice that is included in or attached to the work (an example is provided in the Appendix below). “Derivative Works” shall mean any work, whether in Source or Object form, that is based on (or derived from) the Work and for which the editorial revisions, annotations, elaborations, or other modifications represent, as a whole, an original work of authorship. For the purposes of this License, Derivative Works shall not include works that remain separable from, or merely link (or bind by name) to the interfaces of, the Work and Derivative Works thereof. “Contribution” shall mean any work of authorship, including the original version of the Work and any modifications or addition to that Work or Derivative Works thereof, that is intentionally submitted to Licensor for inclusion in the Work by the copyright owner or by an individual or Legal Entity authorized to submit on behalf of the copyright owner. For the purposes of this definition, “submitted” means any form of electronic, verbal, or written communication sent to the Licensor or its representatives, including but not limited to communication on electronic mailing lists, source code control systems, and issue tracking systems that are managed by, or on behalf of, the Licensor for the purpose of discussing and improving the Work, but excluding communication that is conspicuously marked or otherwise designated in writing by the copyright owner as “Not a Contribution.”
“Contributor” shall mean Licensor and any individual or Legal Entity on behalf of whom a Contribution has been received by Licensor and subsequently incorporated within the Work.

  • Grant of Copyright License.

Subject to the terms and conditions of this License, each Contributor hereby grants to You a perpetual, worldwide, non-exclusive, no-charge, royalty-free, irrevocable copyright license to reproduce, prepare Derivative Works of, publicly display, publicly perform, sublicense, and distribute the Work and such Derivative Works in Source or Object form.

  • Grant of Patent License.

Subject to the terms and conditions of this License, each Contributor hereby grants to You a perpetual worldwide, non-exclusive, no-charge, royalty-free, irrevocable (except as stated in this section) patent license to make, have made, use, offer to sell, sell, import, and otherwise transfer the Work, where such license applies only to those patent claims licensable by such Contributor that are necessarily infringed by their Contribution(s) alone or by combination of their Contribution(s) with the Work to which such Contribution(s) was submitted. If You institute patent litigation against any entity (including a cross-claim or counterclaim in a lawsuit) alleging that the Work or a Contribution incorporated within the Work constitutes direct or contributory patent infringement, then any patent licenses granted to You under this License for that Work shall terminate as of the date such litigation is filed.

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