Through the UserWeb, Epic is making available free tools and resources that are provided "as-is." Your use of the UserWeb is subject to this Terms of Use (TOU), which may be updated periodically. Carefully read this TOU as they govern your use of the UserWeb and limit Epic's liability. Your use of the UserWeb constitutes acceptance of the TOU.
You agree that Epic may cease providing the UserWeb or make any changes to UserWeb features and functionality at any time and without prior notice to you. You also agree that Epic may terminate your access to the UserWeb and your Service Account without prior notice to you for any reason that Epic deems appropriate. If at any time you want to stop using UserWeb, delete your Service Account, and terminate your agreement to these TOU, you may do so.
Except for any non-Epic information you provide when creating and using your Service Account, Epic owns the content and all software contained in or underlying the UserWeb. The Epic-owned content and software is protected by U.S. and international copyright law and conventions and other laws protecting intellectual property.
If you believe that any material or information on the UserWeb is an unauthorized replication of your proprietary work or otherwise infringes your intellectual property rights, please provide Epic's Copyright Agent notice containing the following information:
Epic's Agent for Notice of claims of copyright or other intellectual property infringement can be reached as follows:
By mail: General Counsel, Epic Systems Corporation, 1979 Milky Way, Verona, WI 53593
By email: LegalNotices@epic.com
Epic respects the intellectual property of others, and we ask our users of the UserWeb to do the same. Epic may at its discretion limit, disable and/or terminate the access of any UserWeb users who may be infringing the intellectual property rights of others.
The only damages recoverable by you under this agreement are direct damages up to the amount of money you have paid Epic for UserWeb use in the 12 months preceding the event giving rise to direct damages. Currently, Epic provides the UserWeb for free, so you understand that unless Epic later charges for UserWeb use (and you pay Epic for use prior to an event giving rise to direct damages), you are unable to recover from Epic even direct damages that might arise from Epic's operation of or your use of the UserWeb. The limitations on Epic's liability in this agreement apply even if the remedy available to you fails of its essential purpose or does not fully compensate you for any losses.
If any provision in this agreement limiting Epic's potential liability is determined to be unenforceable by a court or other authority with jurisdiction to decide the matter, such determination shall not preclude the application of other, enforceable limits that would preclude or limit the same liability, and to the extent any liability against Epic might exist because of such a determination, that liability shall be capped at the lesser of: (i) $100 in total or (ii) the actual amount of the damages determined to be recoverable.