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# MONAHRQ® Open Source Software Code License, v.1 (HHS as Distributor)

**Copyright Notice**. ©2017 United States Government, as represented by the Secretary of the Department of Health and Human Services, the Agency for Healthcare Research and Quality, by assignment. All rights reserved.

**Software Code License**. This Software Code License (the “License”) is between the AHRQ and You. “You (or “Your”) shall mean a person or an entity, and all other entities that control, are controlled by, or are under common control with the entity. Provided that You agree to the conditions described below, AHRQ grants You a non-exclusive, worldwide, perpetual, fully-paid-up, no-charge, irrevocable, transferable and royalty-free right and license in its rights in the MONAHRQ® Open Source code Initiative Code (hereinafter the “Open Source Code”) , including any copyright therein. Only the Open Source Code that is released under the open-source framework is covered by this License. Pursuant to this License You may: (i) use, install, disclose, access, operate, execute, reproduce, copy, modify, translate, market, publicly display, publicly perform, and prepare derivative works of the Open Source Code in any manner and for any purpose, and to have or permit others to do so; (ii) make, have made, use, practice, sell, and offer for sale, import, and/or otherwise dispose of the Open Source Code (or portions thereof); (iii) distribute and have distributed to and by third parties the Open Source Code and any modifications and derivative works thereof; and (iv) sublicense the foregoing rights set out in (i), (ii) and (iii) to third parties, including the right to license such rights to further third parties.

**Software Code License Conditions**. For sake of clarity, and not by way of limitation, AHRQ shall have no right of accounting or right of payment from You or Your sublicensees for the rights granted under this License. This License is granted at no charge to You. Your downloading, copying, modifying, displaying, distributing or use of the Open Source Code constitutes acceptance of all of the terms and conditions of this Agreement. If you do not agree to such terms and conditions, you have no right to download, copy, modify, display, distribute or use the Open Source Code.

1. Your redistributions of the source code for the Open Source Code must retain the above copyright notice, this list of conditions and the disclaimer and limitation of liability of Article 6 below. Your redistributions in object code form must reproduce the above copyright notice, this list of conditions and the disclaimer of Article 6 in the documentation and/or other materials provided with the distribution, if any.

2. Your end-user documentation included with the redistribution, if any, must include the following acknowledgment: “This product includes software developed by the U.S. Department of Health and Human Services, Agency for Healthcare Research and Quality.If You do not include such end-user documentation, You shall include this acknowledgment in the Open Source Code itself, wherever such third-party acknowledgments normally appear.

3. You may not use the names “the U.S. Department of Health and Human Services”, “HHS,” “the Agency for Healthcare Research and Quality,” “AHRQ,” or “MONAHRQ ®” to endorse or promote products derived from the Open Source Code. This License does not authorize You to use any trademarks, service marks, trade names, logos or product names of either AHRQ or MONAHRQ®, except as required to comply with the terms of this License.

4. For sake of clarity, and not by way of limitation, You are not prohibited by this License from incorporating the Open Source Code into Your proprietary programs and into any third party proprietary programs. However, if You incorporate the Open Source Code into third party proprietary programs, You agree that You are solely responsible for obtaining any permission from such third parties required to incorporate the Open Source Code into such third party proprietary programs and for informing Your sublicensees, including without limitation Your end-users, of their obligation to secure any required permissions from such third parties before incorporating the Open Source Code into such third party proprietary software programs. In the event that You fail to obtain such permissions, You agree to indemnify the U.S. Department of Health and Human Services (“HHS”) for any claims against HHS by such third parties, except to the extent prohibited by law, resulting from Your failure to obtain such permissions.

5. For sake of clarity, and not by way of limitation, You may add Your own copyright statement to Your modifications and to the derivative works, and You may provide additional or different license terms and conditions in Your sublicenses of modifications of the Open Source Code, or any derivative works of the Open Source Code as a whole, provided that Your use, reproduction, and distribution of the Open Source Code otherwise complies with the conditions stated in this License.

6. THIS OPEN SOURCE CODE IS PROVIDED "AS IS" AND ANY EXPRESSED OR IMPLIED WARRANTIES (INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE) ARE DISCLAIMED. IN NO EVENT SHALL HHS OR AHRQ BE LIABLE FOR ANY DIRECT, INDIRECT, ACCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS NTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THE OPEN SOURCE.

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