User Agreement

The Medical Center of the Americas Foundation is providing certain training resources for use by all Clinical Trial Academy students, instructors, and staff. All personnel utilizing such training resources licensed from the Association of Clinical Research Professionals (ACRP) curricula or network resources are required to read and accept this Agreement. Additionally, they are expected to follow the guidelines for acceptable course material use described below.

Acceptable Uses / Duties of Trainers and Users

Training materials are exclusively owned by ACRP and are intended for the sole purpose of training and professional development for personnel selected by the MCA to either train or be trained in El Paso, Las Cruces, and immediate area.

The use of ACRP or MCA facilities, equipment, network, and training materials is granted to the undersigned only. The undersigned shall not allow another person to use these resources unless specifically granted prior authorization in writing by ACRP or MCA officials.

Only trainers that have attended the live ACRP orientation session and are actively designated by MCA may serve as instructors of the licensed course and associated course materials.

Content is licensed by the MCA only. While designated trainer(s) of the MCA may be the authorized provider of the licensed content, the trainer(s) are not owners or licensees of the content themselves and may not train the content for any other organization or for any other purpose not directly associated with the training of the MCA Clinical Trial Consortium or its affiliates or contractors, subject to the agreement between ACRP and MCA.

Contracted materials are only available to internal employees or authorized MCA users of ACRP’s platform, as defined in the agreement between ACRP and MCA.

An Authorized User/Trainer of the eLearning platform and ACRP training materials shall not profit or otherwise directly financially benefit from the use of contracted program materials.

ACRP retains all trademarks, copyrights and other intellectual property present in course materials. User/Trainer agrees to retain the integrity of the original coursework materials. Any edits to the language, content or format of the program must be approved by ACRP in writing.

User/Trainer may use the ACRP marks only in association with the contracted course and course materials and any use of the mark must be reviewed and authorized by ACRP first.

User/Trainer agrees that during and after completion of the course, and thereafter, will keep in strict confidence any and all proprietary information and materials obtained in connection with obligations under this Agreement. Trainer(s) will take all reasonable steps to ensure that any agents, including volunteers, understand and comply with the same confidentiality obligations.

Any course materials, which are shared, are ACRP’s confidential property and must not be reproduced, distributed, used or disclosed in any way for any other purpose other than under the terms of this Agreement. Confidential information shall not include such information or knowledge that is already known to the User/Trainer, is generally available to the industry, or was obtained from a third party with no obligations of confidentiality.

All confidential information and proprietary property delivered pursuant to this Agreement shall be exclusive property of ACRP, and ACRP shall have exclusive ownership of all intellectual property rights relating thereto.

User/Trainer with access to ACRP’s intellectual property shall take all commercially reasonable efforts to safeguard the property from infringement, misappropriation, theft, misuse or unauthorized access. Furthermore, User/Trainer will take all necessary steps to maintain the validity, enforceability and ACRP’s ownership of its intellectual property.

ACRP’s intellectual property is defined as courseware, ACRP marks, technical content (including but not limited to computer code, designs, artwork, inventions, algorithms, know-how, ideas and similar materials or knowledge), business, financial and other information, knowledge and materials (whether written, oral, graphic, machine recognizable or visual), text, artwork, pictures, graphics, video, audio, all intellectual property (including but not limited to information or materials which are subject to copyright, patent, trademark, trade dress or trade secret rights), and any other data or intellectual property that ACRP creates, or supplies or discloses to the User/Trainer.

User/Trainer will ensure no viruses or similar items will be coded or introduced by the User/Trainer into the program to the best of their ability