Common use of Use of the HMIS Clause in Contracts

Use of the HMIS. A. Agency will not access Identifying Information for any individual for whom services are neither being sought nor provided by the Agency. B. Agency may report non-identifying information to other entities for funding or planning purposes. Such non-identifying information shall not directly identify individual Clients. C. Agency and DCA will report only non-identifying information in response to requests for information from the HMIS, including but not limited to requests for information related to research D. Agency will not use the HMIS in violation of any federal or state law, including, but not limited to, copyright, trademark and trade secret laws, and laws prohibiting the transmission of material which is threatening, harassing, or obscene. Software licensing was purchased from ClientTrack, Inc. (“Supplier”) to implement the HMIS. Without limiting the foregoing covenant, Agency agrees that the data and information related to the software licensed by Supplier, and related documentation and support services, may be confidential and proprietary information (“Confidential Information”) of the Supplier and agrees to use such Confidential Information only in connection with Agency’s authorized use of the HMIS and support services and further agrees not to disclose such Confidential Information to any third party, other than as required by law. Furthermore, Agency acknowledges and agrees that the Supplier will retain all right, title, interest and ownership in and to the HMIS software, including any customization or modification thereof, and Agency will not copy any documentation related to the HMIS software other than for internal business purposes, nor shall Agency disassemble, decompose or reverse engineer the HMIS software, except as otherwise provided herein, use the HMIS software on behalf or for the benefit of any other person or entity or otherwise infringe upon any of the Supplier’s trademarks, trade secrets, copyrights, patents or other intellectual property rights. Agency shall include all Supplier copyright and other proprietary notices on any copy of the documentation related to HMIS software reproduced, used, or made available by Agency. E. Agency will not use the HMIS to defraud federal, state or local governments, individuals or entities, or conduct any illegal activity. F. Agency shall not use the HMIS to aggregate data to compare the performance of other participating Agencies, without the express written consent of DCA and each of the Participating Agencies being compared. G. Notwithstanding any other Section of this Agreement, the parties may use or disclose for any lawful purpose information that: (a) is in the possession of the party prior to the time of the disclosure to the party through the HMIS and was not acquired, directly or indirectly, from the HMIS; or (b) is made available to the party by a third party who has the legal right to do so.

Use of the HMIS. A. Agency will not access Identifying Identified Information for any individual for whom services are neither being sought nor provided by the Agency. Agency may access Identified Information of the Clients it serves and may request, in writing addressed to IHCDA’s authorized officer shown on the signature page of this Agreement, access to statistical, non-identifying information on both the Clients it serves and Clients served by other HMIS Participating Agencies. B. Agency may report non-identifying information to other entities for funding or planning purposes. Such non-identifying information shall not directly identify individual Clients. C. Agency and DCA IHCDA will report only non-identifying information in response to requests for information from the HMIS, including but not limited to requests for information related to research. D. Agency will use the HMIS for its legitimate business purposes only. E. Agency will not use the HMIS in violation of any federal or state law, including, but not limited to, copyright, trademark and trade secret laws, and laws prohibiting the transmission of material which is threatening, harassing, or obscene. Software licensing was purchased from ClientTrack, Inc. (“Supplier”) to implement the HMIS. Without limiting the foregoing covenant, Agency agrees that the data and information related to the software licensed by SupplierFoothold Technology System (“FTS”), AWARDS, and related documentation and support services, may be confidential and proprietary information (“Confidential Information”) of the Supplier Foothold Technology, Inc. (“Supplier”) and agrees to use such Confidential Information only in connection with Agency’s authorized use of the HMIS FTS and support services Support Services and further agrees not to disclose such Confidential Information to any third party, other than as required by law. Notwithstanding the foregoing, except as may otherwise be required by law, the Supplier may disclose the Agency’s Identified Information to any other Participating Agency unless Agency provides the Supplier with sufficient prior written notice to the contrary. These obligations shall continue in perpetuity. Furthermore, Agency acknowledges and agrees that the Supplier will retain all right, title, interest and ownership in and to the HMIS softwareFTS and AWARDS, including any customization or modification thereof, and Agency will not copy any documentation related to the HMIS software FTS or AWARDS other than for internal business purposes, nor shall Agency disassemble, decompose or reverse engineer the HMIS softwareFTS or AWARDS or, except as otherwise provided herein, use the HMIS software FTS or AWARDS on behalf or for the benefit of any other person or entity or otherwise infringe upon any of the Supplier’s trademarks, trade secrets, copyrights, patents or other intellectual property rights. Agency shall include all Supplier copyright and other proprietary notices on any copy of the documentation related to HMIS software FTS and/or AWARDS reproduced, used, or made available by Agency. E. F. Agency will not use the HMIS to defraud federal, state or local governments, individuals or entities, or conduct any illegal activity. F. G. Agency shall not use the HMIS to aggregate data to compare the performance of other participating Agencies, without the express written consent of DCA IHCDA and each of the Participating Agencies being compared. G. H. Notwithstanding any other Section of this Agreement, the parties Parties may use or disclose for any lawful purpose information Information that: (a) is in the possession of the party Party prior to the time of the disclosure to the party Party through the HMIS and was not acquired, directly or indirectly, from the HMIS; or (b) is made available to the party Party by a third party who has the legal right to do so.

Use of the HMIS. A. Agency will not access Identifying Information for any individual for whom services are neither being sought nor provided by the Agency. Agency may access Identifying Information of the Clients it serves and may request, in writing addressed to IHCDA’s authorized officer shown on the signature page of this Agreement, access to statistical, non-identifying information on both the Clients it serves and Clients served by other HMIS Participating Agencies. B. Agency may report non-identifying information to other entities for funding or planning purposes. Such non-identifying information shall not directly identify individual Clients. C. Agency and DCA IHCDA will report only non-identifying information in response to requests for information from the HMIS, including but not limited to requests for information related to research. D. Agency will use the HMIS for its legitimate business purposes only. E. Agency will not use the HMIS in violation of any federal or state law, including, but not limited to, copyright, trademark and trade secret laws, and laws prohibiting the transmission of material which is threatening, harassing, or obscene. Software licensing was IHCDA purchased a software license from ClientTrack, Inc. (“the Supplier”) to implement the HMIS. Without limiting the foregoing covenant, Agency agrees that the data and information related to the software licensed by SupplierSupplier , and related documentation and support services, may be confidential and proprietary information (“Confidential Information”) of the Supplier and agrees to use such Confidential Information only in connection with Agency’s authorized use of the HMIS and support services and further agrees not to disclose such Confidential Information to any third party, other than as required by law. Notwithstanding the foregoing, except as may otherwise be required by law, the Supplier may disclose information entered into the HMIS by the Agency to any other Participating Agency unless Agency provides the Supplier with sufficient prior written notice to the contrary. These obligations shall continue in perpetuity. Furthermore, Agency acknowledges and agrees that the Supplier will retain all right, title, interest and ownership in and to the HMIS software, including any customization or modification thereof, and Agency will not copy any documentation related to the HMIS software other than for internal business purposes, nor shall Agency disassemble, decompose or reverse engineer the HMIS software, except as otherwise provided herein, use the HMIS software on behalf or for the benefit of any other person or entity or otherwise infringe upon any of the Supplier’s trademarks, trade secrets, copyrights, patents or other intellectual property rights. Agency shall include all Supplier copyright and other proprietary notices on any copy of the documentation related to HMIS software reproduced, used, or made available by Agency. E. F. Agency will not use the HMIS to defraud federal, state or local governments, individuals or entities, or conduct any illegal activity. F. G. Agency shall not use the HMIS to aggregate data to compare the performance of other participating Participating Agencies, without the express written consent of DCA IHCDA and each of the Participating Agencies being compared. G. H. Notwithstanding any other Section of this Agreement, the parties may use or disclose for any lawful purpose information that: (a) is in the possession of the party prior to the time of the disclosure to the party through the HMIS and was not acquired, directly or indirectly, from the HMIS; or (b) is made available to the party by a third party who has the legal right to do so.