Copyright, Reference, and Subscription Agreement

Yale Primary Care Pediatrics Curriculum
Version 17

The primary reference reading materials included in the curriculum are licensed for the noncommercial, educational, or research use of the Yale community and those who are physically present at the library facilities. Accordingly, many of the provided links will not be accessible from computers outside the Yale network. Systematic downloads and distribution of this material is prohibited. Please refer to the library’s website for further information about the appropriate use of Yale University library's electronic resources.

Bound edition printed by Yale Printing and Publishing Services, New Haven, CT.

Cover design by Dexterity Press, New Haven, CT.
www.dexterityletterpress.com

The content is meant for educational purposes and should not be used as a substitute for medical advice from a physician or other qualified healthcare provider.

Suggested reference:

Talwalkar JS, Fenick AM, eds. Yale Primary Care Pediatrics Curriculum, 17th edition. 2023. Available from: http://pcpc.yale.edu

Individual chapters may be referenced using the following format:

Bogursky S. Acne vulgaris. In: Talwalkar JS, Fenick AM, eds. Yale Primary Care Pediatrics Curriculum, 17th Edition. 2023. Available from: http://pcpc.yale.edu

Curriculum Subscription Agreement (only for the subscribing organization):

This Curriculum Subscription Agreement, together with the Curriculum Authorized User Agreement and the Terms of Use (collectively, the “Agreement”) is entered into as of the commencement date of your subscription (“Subscriber”), and is made by and between Subscriber and Yale University acting by and through the Yale School of Medicine Department of Pediatrics (“YSM”). This Agreement sets forth the terms and conditions of Subscriber’s and its Authorized Users’ use of and access to the Yale Primary Care Pediatrics Curriculum website and related curriculum materials (the “Curriculum Website”), a case-based, comprehensive ambulatory resource, intended to be used for self-directed learning or medical residency education. Subscriber agrees to be bound by (and shall cause its Authorized Users to comply with and adhere to) the terms and conditions of the Curriculum Authorized User Agreement and the Terms of Use posted on the Curriculum Website, which are fully incorporated herein and made a part hereof. “Authorized Users” include current faculty, residents, and medical, physician assistant, and nurse practitioner students in Subscriber’s pediatrics program, and administrators of Subscriber’s pediatrics curriculum.

Description of Materials: The Yale Primary Care Pediatrics Curriculum (the “Curriculum”) encompasses a syllabus of 136 chapters that serve as a comprehensive compendium of outpatient pediatric practice, and is delivered in two forms: a Learner Guide which contains cases and questions and a corresponding Moderator Guide which includes the corresponding answers. YSM releases these chapters which cover a range of subjects relevant to office-based practice from the spectrum of disciplines in outpatient pediatric practice, as well as business and policy aspects that are relevant to current practice. These chapters update a previously released section of the Curriculum, allowing YSM to address recent changes in recommendations regarding medical therapy or management and controversies as they unfold, as well as additional novel topics. Each chapter includes a case-based discussion, as well as references to articles from the medical literature that support the recommendations in the text.

The materials included in the offering covered by this license are all chapters to be released by YSM in June and July of the academic year of this Agreement and access to Curriculum comprising the current syllabus (the “Licensed Content”) as indicated in your subscription application and as YSM may elect to offer, in its sole discretion. Unless there have been marked changes in medical practice of which the editors are aware, the content of previous chapters has not been updated since the time of original publication.
Password Access to the Curriculum Website. Upon Subscriber’s payment in full, YSM will provide Subscriber with an organizational group password, coded for use by Subscriber’s Authorized Users only. Subscriber shall specify the number of Authorized Users to be covered by the Agreement on the Curriculum Subscription Form submitted by Subscriber. Such Authorized Users will be authenticated and given access to the Curriculum Website solely through Subscriber’s organizational group password.
License and Ownership; Limitation of License. Subject to Subscriber’s compliance with the terms and conditions of the Agreement, YSM grants Subscriber and its Authorized Users who have accepted the Curriculum Authorized User Agreement a limited, personal, non-exclusive, non-transferable license to view and access the Licensed Content and the Curriculum Website for their own educational use solely in connection with Subscriber’s self-directed learning or medical residency, medical school, physician assistant school, or nurse practitioner education program. Such license includes the right to print a reasonable number of copies of the Licensed Content for Subscriber’s and its Authorized Users’ personal, non-commercial, non-distributable, educational use only, provided that such copies reproduce all intellectual property, credit, and attribution notices displayed on the materials, and provided that such uses comply with other terms or restrictions that may be applicable to the material.

Subscriber and its Authorized Users may not alter or attempt to alter or modify any part of the Curriculum Website, Licensed Content and/or the information contained therein, except that Subscriber may add information required by local or state law. Any such modification should be noted with a footnote that Subscriber has added such reference to the materials licensed hereunder. Subscriber may not provide supplemental materials without language making clear that such material is not part of the original material supplied by YSM.

By accessing, downloading, or printing information from the Curriculum Website, you agree that there is no explicit or implicit transfer of ownership rights, and any and all rights, title, and interest in and to the Licensed Content and the Curriculum Website, and all intellectual property rights therein, including, but not limited to, any and all associated goodwill, trademark rights, copyrights and renewals and extensions of copyright therein and/or derived therefrom, and all other intellectual property rights and benefits pertaining thereto, shall exclusively remain with and inure to YSM and our licensors, as applicable. You may not otherwise copy, reproduce, retransmit, distribute, publish, exploit or otherwise transfer any such information or content unless permission to do so is specifically granted by YSM.

Subscriber agrees to fully cooperate in good faith with YSM in connection with YSM’s efforts to protect its intellectual property rights and other legal rights in and to the Licensed Content and Curriculum Website.

Except as expressly provided in the Agreement, nothing contained herein shall be construed as conferring to Subscriber and/or any Authorized User, by implication, estoppel or otherwise, any license or right to use the Licensed Content and/or Curriculum Website. All rights are reserved.
Term. The term of the Agreement is a one-year subscription for Subscriber’s Authorized Users to access the Licensed Content on the Curriculum Website. Subscriber can renew the subscription for subsequent terms subject to its acceptance of renewal terms and conditions and corresponding payment.
Subscription Fee: Subscriber agrees to pay an annual Subscription Fee specified on the then-current fee schedule posted on the following website: https://medicine.yale.edu/pediatrics/pcpc/subscription/.

Online access is payable via check or credit card payment. Full payment must be received by YSM before access to Licensed Content and the Curriculum Website is provided.
Termination. YSM may terminate this Agreement at any time: (a) if Subscriber should be more than thirty (30) days delinquent in the payment of any Subscription Fee; or (b) if Subscriber or any Authorized User breaches any term or condition of the Agreement. In addition, YSM may terminate the Agreement at any time in its sole discretion in the event YSM discontinues offering the Licensed Content on a subscription basis, in which event YSM’s sole liability to Subscriber shall be to refund the pro rated, unused portion (if any) of the Subscription Fee paid by Subscriber for the then-current subscription term.
Disclaimer of Warranties. In providing access to the Licensed Content and Curriculum Website, YSM is not engaged in rendering medical advice or diagnosis or other medical or professional services. The Licensed Content and Curriculum Website is made available to Subscriber and its Authorized Users for educational and informational purposes only and not as a substitute for medical analysis or judgment. Subscriber and its Authorized Users agree to exercise their own professional judgment when using any information contained in the Licensed Content and Curriculum Website and shall take sole and full responsibility for such use at their own risk. THE LICENSED CONTENT AND CURRICULUM WEBSITE ARE PROVIDED “AS IS” WITH NO GUARANTEE OF COMPLETENESS, ACCURACY, OR TIMELINESS. YSM DOES NOT WARRANT THAT ACCESS TO OR USE OF THE LICENSED CONTENT AND/OR THE CURRICULUM WEBSITE WILL BE UNINTERRUPTED OR ERROR FREE. YSM EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF AVAILABILITY, PERFORMANCE, MERCHANTABILITY, TITLE, NON-INFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE.

Subscriber hereby agrees to indemnify YSM, its directors, officers, employees, agents, representative, licensors, and affiliates from any and all claims and/or damages (including, but not limited to, reasonable attorneys’ fees) resulting from any claim brought by any third party relating to Subscriber’s and/or any Authorizer User’s breach of the Agreement and/or use of the Licensed Content and/or Curriculum Website.
LIMITATION OF LIABILITY. YSM SHALL NOT BE LIABLE FOR CONSEQUENTIAL, SPECIAL, INCIDENTAL, EXEMPLARY, OR PUNITIVE DAMAGES ARISING DIRECTLY OR INDIRECTLY OUT OF: SUBSCRIBER’S OR ITS AUTHORIZED USERS’ USE OF THE LICENSED CONTENT AND/OR CURRICULUM WEBSITE; AND/OR SUBSCRIBER’S OR ITS AUTHORIZED USERS’ RELIANCE ON ANY INFORMATION PROVIDED BY OR OTHERWISE CONTAINED IN THE LICENSED CONTENT AND/OR CURRICULUM WEBSITE; IN ALL CASES, EVEN IF YSM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YSM’S LIABILITY TO SUBSCRIBER AND ITS AUTHORIZED USERS FOR ANY CLAIM FOR DAMAGES RELATING TO THE LICENSED CONTENT AND/OR THE CURRICULUM WEBSITE, REGARDLESS OF THE NATURE OF THE CLAIM OR ACTION, AND WHETHER BASED IN CONTRACT OR TORT, SHALL BE LIMITED IN THE AGGREGATE TO THE TOTAL AMOUNT OF THE SUBSCRIPTION FEE ACTUALLY PAID BY SUBSCRIBER FOR THE THEN-CURRENT SUBSCRIPTION TERM.
Relationship of the Parties. Nothing contained in the Agreement is intended to, or shall be construed to constitute or establish an agency, joint venture, partnership or fiduciary relationship between the parties; and neither party shall have the right or authority to bind the other, nor shall either party be responsible for the acts or omissions of the other. Neither party shall use the other party’s name, logos, trademarks, and/or other proprietary marks in any manner without such other party’s prior and specific written approval.
General. In the event the performance of YSM hereunder is subject to interruption and delay due to causes beyond its reasonable control including, but not limited to, acts of God, governmental or judicial acts or orders, pandemic, illness, war, civil disorder, fire, power failure, equipment failure, labor dispute, inability to obtain necessary supplies, YSM shall be relieved of any liability arising hereunder from any such occurrence. The Agreement shall be governed by and construed under the laws of the State of Connecticut, without regarding to its conflicts of laws principles.

The Agreement may not be assigned, delegated, or transferred by Subscriber. All notices hereunder shall be given in writing: if to Subscriber, to Subscriber’s designated contact person and mailing address set forth on the Curriculum Subscription Form submitted by Subscriber and, if to YSM, to:

Yale Primary Care Pediatrics Curriculum
Yale School of Medicine
Department of Pediatrics
333 Cedar Street, PO Box 208086
New Haven, CT 06520-8086.

The Agreement embodies the entire understanding between the parties with respect to its subject matter, supersedes any and all related prior oral or written understandings and agreements, and may be amended only by a writing signed by both parties. If any provision of the Agreement is found by a court of competent jurisdiction to be void, illegal, or unenforceable, that provision shall be modified by the court so as to render it valid and enforceable in accordance with the original intent of the parties herein; or, if such modification is impossible, or the court is unable under the law to make such a modification, then that provision or clause shall be stricken from the Agreement. In either event, the parties agree that the remainder of the Agreement shall remain in full force and effect.