Phreesia

License Terms and Conditions

Definitions

“PAM Survey” means the Patient Activation Measure® (PAM®) survey and related assessments.

Terms and Conditions

1. Rights Granted:
   Subject to the terms and restrictions set forth herein (the “Agreement”), Insignia hereby grants to you a non- exclusive, non-transferable right to reproduce, distribute, and display the PAM Survey under the guidelines of the MIPS program. Use of the PAM Survey for any purposes other than those described herein is a violation of this Agreement.
   
   For clarity, the rights granted herein DO NOT include the right to:
   • copy, reproduce, publish, disseminate, or otherwise publicly display the PAM Survey or any part thereof outside of the scope of this Agreement; 
   • create derivative works or make alterations to the PAM Survey or any part thereof; 
   • use the PAM Survey or any part thereof, including but not limited to the PAM survey, to develop, validate or optimize a new or existing assessment or predictive model of consumer health engagement, motivation, activation, self-management, or similar assessment or predictive modeling tool; 
   • sublicense the PAM Survey; 
   • reference or use the PAM Survey to advertise, promote, publicize, or validate a proprietary measurement tool or intervention; or 
   • reverse engineer, reverse translate, decompile, disassemble or in any manner decode the PAM Survey or any part thereof, or any of the algorithms contained therein. 
2. Your Obligations. You agree not to alter, add, change, or remove any identification marks, including copyright or trademark notices, from the PAM Survey.
3. Ownership of the PAM Survey. The State of Oregon, acting by and through the State Board of Higher Education on behalf of the University of Oregon, owns the copyright, title, and other related rights in and to the Patient Activation Measure.^®  Insignia Health, LLC (“Insignia”) is the exclusive licensee of certain rights related to this technology and is the owner of all associated trademark rights. All rights to the PAM Survey not otherwise granted to you in this Agreement are reserved by Insignia and/or the University of Oregon. 
4. Indemnification and Limitation of Liability. 
   • 4.1 You agree to indemnify and hold harmless both Insignia and the University of Oregon and their respective members, directors, officers, governing board members, agents, employees, students, volunteers, and assigns against any and all claims, demands, damages, liability, losses, causes of action, costs and expenses arising out of or in any way related to the use, reproduction, distribution or public display of the PAM Survey by you or any of your Participants, or your failure to comply with applicable privacy laws. 
   • 4.2 INSIGNIA AND THE UNIVERSITY OF OREGON PROVIDE ACCESS TO THE PAM SURVEY ON AN “AS IS, WITH ALL DEFECTS” BASIS. NEITHER INSIGNIA NOR THE UNIVERSITY OF OREGON MAKE ANY REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED. BY WAY OF EXAMPLE, BUT NOT LIMITATION, INSIGNIA AND THE UNIVERSITY OF OREGON MAKE NO REPRESENTATIONS OR WARRANTIES OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE (EVEN IF INSIGNIA OR THE UNIVERSITY OF OREGON KNOW OF SUCH PURPOSE), OR THAT THE USE OF THE PAM SURVEY WILL NOT INFRINGE ANY PATENTS, COPYRIGHTS, TRADEMARKS OR OTHER RIGHTS OF THIRD PARTIES. YOU HEREBY AGREE TO SAVE, HOLD HARMLESS, DISCHARGE AND RELEASE INSIGNIA AND THE UNIVERSITY OF OREGON AND ALL OF THEIR RESPECTIVE AGENTS, SERVANTS, EMPLOYEES  AND VOLUNTEERS, FROM ANY AND ALL LIABILITY, CLAIMS, CAUSES OF ACTIONS, DAMAGES OR DEMANDS OF ANY KIND AND NATURE WHATSOEVER WHICH MAY ARISE FROM OR IN CONNECTION WITH YOUR USE OF THE PAM SURVEY.
5. If at any time you cease working for a MIPS-participating provider you shall cease using, reproducing, distributing, or publicly displaying any portion of the PAM Survey.