THIS IS A LICENSE AGREEMENT (“AGREEMENT”) BETWEEN PHARMAXP.COM (“PHARMAXP”) AND THE INDIVIDUAL USER (“USER”). THIS AGREEMENT PROVIDES THE USER THE RIGHT TO USE THE PHARMAXP APPLICATIONS FOR WEB AND MOBILE DEVICES (“APPS”) AND OTHER CONTENT AND UPDATES THERETO MADE AVAILABLE BY PHARMAXP (COLLECTIVELY, THE “PHARMAXP INFORMATION”). PHARMAXP IS WILLING TO GRANT LICENSEE THE FOLLOWING LICENSE (THE “LICENSE”) TO USE THE PHARMAXP INFORMATION ACCORDING TO THIS AGREEMENT, ONLY ON THE CONDITION THAT USER ACCEPTS ALL TERMS IN THIS AGREEMENT. BY ACCEPTING THE TERMS AND CONDITIONS, USER ACKNOWLEDGES THAT USER HAS READ THIS AGREEMENT, UNDERSTANDS IT, AND AGREES TO BE BOUND BY IT.
In consideration of download and installation by User of the Apps, PHARMAXP grants User a limited, non-exclusive, non-transferable license to: (a) use the PHARMAXP Information in the Apps and on the PHARMAXP.COM website (the “Website”, currently located at https://PharmaXP.com); and (b) use the PHARMAXP Information solely for personal or professional purposes.
User may not use, copy, modify, or transfer the PHARMAXP Information, or any copy thereof, in whole or in part, except as expressly provided in this Agreement. User may not reverse engineer, disassemble, decompile, or translate the PHARMAXP Information, or otherwise attempt to derive the source code of the PHARMAXP Information, or authorize any third party to do any of the foregoing. User is prohibited from developing, selling or distributing applications that are capable of launching, being launched from, or are otherwise integrated with, the PHARMAXP Information without the express written consent of PHARMAXP. User may not rent, lease, loan, resell for profit, distribute, sublicense or use in a time-sharing arrangement the PHARMAXP Information, or any part thereof.
The PHARMAXP Information is the property of PHARMAXP or its licensor(s) and is protected by copyright and other intellectual property laws. The PHARMAXP Information is licensed, not sold, to User for use only under the terms of this Agreement, and PHARMAXP reserves all rights not expressly granted to User.
The License will terminate immediately without notice to User if User breaches any term or condition of this Agreement. PHARMAXP reserves the right to modify any of its services and/or product offerings, or to terminate the License at any time without notice to User.
User acknowledges and agrees that: (a) PHARMAXP or its licensors may, from time to time, elect to update information contained in the PHARMAXP Information, but PHARMAXP does not warrant or guarantee that any product description(s) or other information contained in the PHARMAXP Information or accessed through the PHARMAXP Information will be updated at any time during the term of this Agreement; (b) PHARMAXP does not assume, and expressly disclaims, any obligation to obtain and include any information in the PHARMAXP Information; (c) the PHARMAXP Information includes information provided to PHARMAXP by its licensors or other third parties, and PHARMAXP does not assume and expressly disclaims any responsibility for the accuracy of such third-party content; (d) PHARMAXP is not advocating the use of any product described in the PHARMAXP Information (or elsewhere), nor is PHARMAXP responsible for misuse of a product or procedure due to typographical or other errors in the PHARMAXP Information, User negligence or otherwise; (e) User agrees to seek additional information on any product from the manufacturer; and (f) User will use the PHARMAXP Information only as a reference aid, and that such information is not intended to be (nor should it be used as) a substitute for the exercise of professional judgment. In view of the possibility of human error or changes in medical science, User should confirm the information in the PHARMAXP Information through independent sources. User agrees and acknowledges that User will, at all times, advise patients to seek professional diagnosis and treatment for any medical condition and to discuss information obtained from the PHARMAXP Information with their healthcare provider.
THE PHARMAXP INFORMATION IS PROVIDED TO USER “AS IS.” EXCEPT AS EXPRESSLY PROVIDED UNDER THIS AGREEMENT, PHARMAXP AND ITS AFFILIATES, AGENTS AND LICENSORS: (A) CANNOT AND DO NOT WARRANT THE ACCURACY, COMPLETENESS, CURRENCY OR NON-INFRINGEMENT OF THE PHARMAXP INFORMATION PROVIDED HEREUNDER; AND (B) EXPRESSLY DISCLAIM ALL WARRANTIES AND CONDITIONS, EXPRESS, IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. The laws of some jurisdictions do not permit waivers of certain warranties, so portions of the above disclaimer may not apply to User. In the event PHARMAXP cannot waive any warranty, the duration and scope of such warranty will be the minimum permitted under applicable law.
NEITHER PHARMAXP NOR ITS AFFILIATES, AGENTS OR LICENSORS SHALL BE LIABLE UNDER ANY CLAIM, DEMAND OR ACTION ARISING OUT OF OR RELATING TO USER’S USE OF THE PHARMAXP INFORMATION, NOR PHARMAXP’S PERFORMANCE OF (OR FAILURE TO PERFORM) ANY OBLIGATION UNDER THIS AGREEMENT, NOR FOR DIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES DUE TO LOST PROFITS OR BUSINESS INTERRUPTION, OR OTHER DAMAGES, EVEN IF PHARMAXP, ITS AFFILIATES, AGENTS OR LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGES AND WHETHER OR NOT SUCH LOSS OR DAMAGES IS/ARE FORESEEABLE AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. IN NO EVENT SHALL PHARMAXP, ITS AFFILIATES, AGENTS OR LICENSORS BE LIABLE TO USER UNDER THIS AGREEMENT FOR MORE THAN ONE THOUSAND EUROS. The laws of some jurisdictions do not permit the disclaimer of liability for certain types of damages, so portions of the above may not apply to User. In the event PHARMAXP cannot waive any warranty, the duration and scope of such warranty will be the minimum permitted under applicable law.
Your use of this product acknowledges acceptance of these restrictions, disclaimers, and limitations. You expressly acknowledge and agree that PHARMAXP is not responsible for the results of your decisions resulting from the use of the Service, including, but not limited to, your choosing to seek or not to seek professional medical care, or from choosing or not choosing specific treatment based on the Service. Every effort has been made to ensure that the information provided in the Service is accurate, up-to-date, and complete, but no guarantee is made to that effect. In addition, the drug information contained herein may be time sensitive.
The Service does not endorse drugs, diagnose patients, or recommend therapy. The Service is an informational resource designed to assist licensed healthcare practitioners in caring for their patients and provide consumers with disease-specific and where applicable drug-specific information. Healthcare practitioners should use their professional judgment in using the information provided. The Service is not a substitute for the care provided by licensed healthcare practitioners and consumers are urged to consult with their healthcare practitioner in all instances. PHARMAXP does not assume any responsibility for any aspect of healthcare administered or not administered with the aid of information the Service provides.
THE PHARMAXP INFORMATION IS PROTECTED AND UNAUTHORIZED REPRODUCTION OR DISTRIBUTION IS SUBJECT TO CIVIL AND CRIMINAL PENALTIES. © PharmaXP.com, 2016. All Rights Reserved. Protected by copyright and licenses restricting use, copying, distribution and decompilation.
THE END-USER ACKNOWLEDGES THAT THE SERVICE IS PROVIDED ON AN “AS IS” BASIS. EXCEPT FOR WARRANTIES WHICH MAY NOT BE DISCLAIMED AS A MATTER OF LAW, PHARMAXP MAKES NO REPRESENTATIONS OR WARRANTIES WHATSOEVER, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO REPRESENTATIONS OR WARRANTIES REGARDING THE ACCURACY OR NATURE OF THE CONTENT OF THE SERVICE, WARRANTIES OF TITLE, NONINFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
The End-User acknowledges that updates to the Service are at the sole discretion of PHARMAXP. PHARMAXP makes no representations or warranties whatsoever, express or implied, with respect to the compatibility of the Service, or future releases thereof, with any computer hardware or software, nor does PHARMAXP represent or warrant the continuity of the features or the facilities provided by or through the Service as between various releases thereof. Any warranties expressly provided herein do not apply if: (i) the End-User alters, mishandles or improperly uses, stores or installs all, or any part, of the Service, (ii) the End-User uses, stores or installs the Service on a computer system which fails to meet the specifications provided by PHARMAXP, or (iii) the breach of warranty arises out of or in connection with acts or omissions of persons other than PHARMAXP.
THE END-USER ASSUMES ALL RISK FOR SELECTION AND USE OF THE SERVICE AND CONTENT PROVIDED THEREON. PHARMAXP SHALL NOT BE RESPONSIBLE FOR ANY ERRORS, MISSTATEMENTS, INACCURACIES OR OMISSIONS REGARDING CONTENT DELIVERED THROUGH THE SERVICE OR ANY DELAYS IN OR INTERRUPTIONS OF SUCH DELIVERY. THE END-USER ACKNOWLEDGES THAT PHARMAXP: (A) HAS NO CONTROL OF OR RESPONSIBILITY FOR THE END-USER’S USE OF THE SERVICE OR CONTENT PROVIDED THEREON, (B) HAS NO KNOWLEDGE OF THE SPECIFIC OR UNIQUE CIRCUMSTANCES UNDER WHICH THE SERVICE OR CONTENT PROVIDED THEREON MAY BE USED BY THE END-USER, (C) UNDERTAKES NO OBLIGATION TO SUPPLEMENT OR UPDATE CONTENT OF THE SERVICE, AND (D) HAS NO LIABILITY TO ANY PERSON FOR ANY DATA OR INFORMATION INPUT ON THE SERVICE BY PERSONS OTHER THAN PHARMAXP.
PHARMAXP SHALL NOT BE LIABLE TO ANY PERSON (INCLUDING BUT NOT LIMITED TO THE END-USER AND PERSONS TREATED BY OR ON BEHALF OF THE END-USER) FOR, AND THE END-USER AGREES TO INDEMNIFY AND HOLD PHARMAXP HARMLESS FROM ANY CLAIMS, LAWSUITS, PROCEEDINGS, COSTS, ATTORNEYS’ FEES, DAMAGES OR OTHER LOSSES (COLLECTIVELY, “LOSSES”) ARISING OUT OF OR RELATING TO (A) THE END-USER’S USE OF THE SERVICE OR CONTENT PROVIDED THEREON OR ANY EQUIPMENT FURNISHED IN CONNECTION THEREWITH AND (B) ANY DATA OR INFORMATION INPUT ON THE SERVICE BY END-USER, IN ALL CASES INCLUDING BUT NOT LIMITED TO LOSSES FOR TORT, PERSONAL INJURY, MEDICAL MALPRACTICE OR PRODUCT LIABILITY. FURTHER, WITHOUT LIMITING THE FOREGOING, IN NO EVENT SHALL PHARMAXP BE LIABLE FOR ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR INDIRECT DAMAGES, INCLUDING DAMAGES FOR LOSS OF PROFITS, LOSS OF BUSINESS, OR DOWN TIME, EVEN IF PHARMAXP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE INFORMATION CONTAINED WITHIN THE SERVICE IS INTENDED FOR USE ONLY AS AN INFORMATIONAL TOOL AND END-USERS ARE URGED TO CONSULT WITH A PHYSICIAN OR OTHER HEALTHCARE PROFESSIONAL REGARDING THEIR SPECIFIC SITUATION FOR DIAGNOSIS OR BY PHYSICIANS AND PROFESSIONALS WHO SHOULD RELY ON THEIR CLINICAL DISCRETION AND JUDGMENT IN DIAGNOSIS AND TREATMENT. AS BETWEEN THE END- USER AND PHARMAXP, THE END-USER HEREBY ASSUMES FULL RESPONSIBILITY FOR INSURING THE APPROPRIATENESS OF USING AND RELYING UPON THE INFORMATION IN VIEW OF ALL ATTENDANT CIRCUMSTANCES, INDICATIONS, AND CONTRAINDICATIONS.
Under no circumstances shall PHARMAXP be liable to the End-User or any other person for any direct, indirect, exemplary, special or consequential damages arising out of or relating to the End-User’s use of or inability to use the Service or the content of the Service provided thereon or any equipment furnished in connection therewith. PHARMAXP’s total maximum cumulative liability hereunder in connection with this Agreement, whether arising under contract or otherwise, are limited to the fees received by PHARMAXP under this Agreement specifically relating to the End-User’s use of the service or product which is the subject of the claim.
The PHARMAXP Information is developed and designed to offer you general health information (and neurosurgical health information in particular) for educational and demonstrational purposes only. The health information furnished in the PHARMAXP Information and the interactive responses are not intended to be professional advice and are not intended to replace personal consultation with a qualified physician, pharmacist or other healthcare professional. You must always seek the advice of a professional for questions related to your disease, disease symptoms, and appropriate therapeutic treatments. If you have or suspect that you have a medical problem or condition, please contact a qualified healthcare provider immediately. You should never disregard medical advice or delay in seeking it because of something you have read in the PHARMAXP Information. While information in the PHARMAXP Information has been obtained from sources believed to be reliable, neither we nor our content providers warrant the accuracy of the information contained on this site. We do not give medical advice, nor do we provide medical or diagnostic services. Medical information changes rapidly. Neither we nor our content providers guarantee that the content covers all possible uses, directions, precautions, drug interactions, or adverse effects that may be associated with any therapeutic treatments. Your reliance upon information and content obtained by you at or through the PHARMAXP Information is solely at your own risk. Neither we nor our content providers assume any liability or responsibility for damage or injury (including death) to you, other persons or property arising from any use of any product, information, idea or instruction contained in the content or services provided to you.
Stay InformedPHARMAXP and our content providers have utilized reasonable care in collecting and reporting the information contained in the Products in the PHARMAXP Information and have obtained such information from sources believed to be reliable. However, we and our content providers do not warrant the accuracy of the information in the PHARMAXP Information. The clinical information contained in the PHARMAXP Information is intended as a supplement to, and not a substitute for, the knowledge, expertise, skill, and judgment of physicians, pharmacists, or other healthcare professionals in patient care. PHARMAXP AND ITS CONTENT PROVIDERS MAKE NO WARRANTY OR REPRESENTATION, EXPRESS OR IMPLIED, AS TO THE ACCURACY OF THE DATA FROM WHICH THE INFORMATION IS COMPILED OR THE ACCURACY OF THE INFORMATION ITSELF, NOR THE COMPATIBILITY OF THE INFORMATION WITH ANY HARDWARE AND SYSTEMS, AND SPECIFICALLY DISCLAIMS THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
YOU USE THE PHARMAXP INFORMATION AND THE MATERIAL AND INFORMATION ON THE SITE AT YOUR OWN RISK. PHARMAXP AND ITS INFORMATION PROVIDERS SHALL NOT BE LIABLE FOR ANY DAMAGES ALLEGEDLY SUSTAINED ARISING OUT OF USE OF THE SITE, AND INCLUDING ANY CONSEQUENTIAL, SPECIAL, OR SIMILAR DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF, NOTWITHSTANDING THE OTHER TERMS OF THIS AGREEMENT (OR ANY OTHER AGREEMENT BETWEEN YOU AND US), WE (OR OUR CONTENT PROVIDERS OR SPONSOR/ADVERTISERS) SHOULD HAVE ANY LIABILITY FOR ANY LOSS, HARM OR DAMAGE, YOU AND WE (ON BEHALF OF OURSELVES AND OUR CONTENT PROVIDERS AND SPONSOR/ADVERTISERS) AGREE THAT SUCH LIABILITY SHALL UNDER NO CIRCUMSTANCES EXCEED 1,000 INR. YOU AND WE (ON BEHALF OF OURSELVES AND OUR CONTENT PROVIDERS AND SPONSOR/ADVERTISERS) AGREE THAT THE FOREGOING LIMITATION OF LIABILITY IS AN AGREED ALLOCATION OF RISK BETWEEN YOU AND US (AND OUR CONTENT PROVIDERS AND SPONSOR/ADVERTISERS) AND REFLECTS THE FEES, IF ANY, WE CHARGE YOU TO USE THE PHARMAXP INFORMATION, BOTH THE SERVICES AND THE CONTENT. YOU ACKNOWLEDGE THAT ABSENT YOUR AGREEMENT TO THIS LIMITATION OF LIABILITY, WE WOULD NOT PROVIDE THE PHARMAXP INFORMATION, BOTH THE SERVICES AND THE CONTENT TO YOU.
FinancialNo material from the PHARMAXP Information may be copied, reproduced, republished, uploaded, posted, transmitted, commercialized or distributed in any way, except as expressly permitted and provided you keep intact all copyright and other proprietary notices. Modification of the materials or use of the materials for any other purpose is a violation of PHARMAXP’s or its content provider’s copyright and other proprietary rights. The use of any such material on any other website, (mobile) application or networked computer environment is prohibited. All rights, title and interest in and to the materials in the PHARMAXP Information (including but not limited to all copyrights, trademarks, service marks, trade names and all derivative works) are owned or controlled by and shall remain at all time vested in PHARMAXP and its content providers.