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or do not open the package (and promptly return it). READ THE FOLLOWING
TERMS IN THIS AGREEMENT CAREFULLY BEFORE INDICATING YOUR ACCEPTANCE. In
this Agreement, the term "you" refers to: (i) an entity
entering into this Agreement for use of its employees, (ii) an
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either on his or her own behalf (or as agent for a corporation or other
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Agreement as a condition of using UpToDate through a subscription
purchased by a hospital, medical school, or other institution
("Institution"), where the individual is employed by or
affiliated with the Institution.
1.
LICENSE: UpToDate, Inc. ("UpToDate"), in consideration of the
subscription fee and acceptance of this Agreement, grants you a
non-exclusive, non-transferable license and right to use and access the
UpToDate database and software (the "Licensed Materials") in
accordance with the applicable subscription terms (as may be provided in
UpToDate's separate invoice terms):
a.
INDIVIDUAL: An individual subscription permits one individual to access
and use the Licensed Materials for his or her own use only by loading
the software on a single computer (i.e., within a single CPU) at a fixed
location, by loading the PDA software on a single Personal Digital
Assistant (PDA), or by using his or her unique user name and password to
access the Licensed Materials from any location via the Internet.
b.
STANDALONE WORKSTATION: A standalone subscription permits multiple users
employed by or affiliated with you to access and use the Licensed
Materials only for a purpose related to your business by loading the
software on a single computer (i.e., within a single CPU) owned or
controlled by you, with a hard drive owned or controlled by you
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c.
INSTITUTIONAL SUBSCRIPTION: An Institutional Subscription permits only
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Further, access may be restricted to particular websites per the
applicable invoice terms.
2.
OWNERSHIP: The Licensed Materials, including without limitation all
copyrights and other intellectual property rights therein, are the sole
and exclusive property of UpToDate (or its parents, subsidiaries,
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this Agreement.
3.
PERMITTED USES: You may print out, or email to a colleague, individual
articles containing only insubstantial portions of the most current
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Materials may be reverse engineered or included in other software.
UpToDate electronically monitors compliance with this Agreement, and
reserves the right in its sole discretion to change and or cancel an
individual's user name and password or to disable an IP address without
notice in the event of multiple concurrent logins, excessive search
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in connection with the Licensed Materials.
5.
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subscription period for which you or your Institution have agreed to pay
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associated rights, such as technical support, will expire automatically,
unless you or your Institution have renewed your subscription on
UpToDate's then-current terms. UpToDate may embed technology in the
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Materials will also terminate if you fail to comply with any term or
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6.
RESTRICTION AGAINST TRANSFER: You may not sublicense, assign, share,
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7.
USE OF PROFESSIONAL JUDGMENT: The editors and authors of the Licensed
Materials have conscientiously and carefully tried to create the
identified diagnosis measures, treatment alternatives and drug dosages
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practice that prevailed at the time of publication. However, standards
and practices in medicine change as new data become available and the
individual medical professional should consult a variety of sources. For
this reason, only the most current release of the Licensed Materials
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contraindications, particularly if the agent to be administered is new,
infrequently used or has a narrow therapeutic range.
The Licensed Materials describe basic principles of diagnosis and
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substitute for individual patient assessment based upon the healthcare
provider's examination of each patient and consideration of laboratory
data and other factors unique to the patient. The Licensed Materials
should be used as a tool to help the user reach diagnostic and treatment
decisions, bearing in mind that individual and unique circumstances may
lead the user to reach decisions not presented in the Licensed
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its authors and editors and may or may not represent the official
position of any medical societies cooperating with, endorsing or
recommending the Licensed Materials.
8.
LIMITED RIGHTS NOTICE. Any access to the Licensed Materials provided
under contract to the Government are provided with limited rights. The
Licensed Materials may be reproduced and used by the Government with the
express limitation that they will not, without written permission of
UpToDate, be used for purposes of manufacture nor disclosed outside the
Government. The term "Government" as used herein shall have
the meaning ascribed to it in 48 CFR 52.227-14.
9.
LIMITED WARRANTY: If UpToDate has supplied physical media to you
containing the Licensed Materials and they are defective, such media
will be replaced without charge if returned to the place of purchase
within 60 days after date of payment of the license fee. EXCEPT AS SET
FORTH IN THE FOREGOING SENTENCE, NEITHER UPTODATE NOR ANY OTHER PARTY OR
MEDICAL SOCIETY MAKES ANY WARRANTY OR REPRESENTATION, EXPRESSED OR
IMPLIED, WITH RESPECT TO THE LICENSED MATERIALS, WHICH ARE LICENSED
"AS IS". ALL OTHER WARRANTIES ARE EXPRESSLY EXCLUDED AND
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OF PERFORMANCE, OR USE OF TRADE. ANY STATEMENTS OR REPRESENTATIONS MADE
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QUALITY, FUNCTION, PERFORMANCE, AND ACCURACY OF THE LICENSED MATERIALS.
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SHALL UPTODATE OR SUCH OTHER PARTY'S LIABILITY FOR ANY DAMAGES OR LOSS
TO YOU OR ANY OTHER PARTY EXCEED THE LICENSE FEE PAID FOR THE LICENSED
MATERIALS.
Some jurisdictions do not allow limitations on how long an
implied warranty lasts and some jurisdictions do not allow the exclusion
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10.
GENERAL: If any provision of this Agreement is determined to be invalid
or unenforceable under any applicable law, it shall be deemed omitted
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This Agreement may be modified only in writing authorized by UpToDate.
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statements, and undertakings, oral or written, are hereby expressly
superseded and canceled. Sections 2 and 4-9 survive in full force and
effect following expiration or termination of this Agreement.
Should you have any questions regarding this Agreement, you may
contact UpToDate at the email address or telephone numbers set forth
below.
UpToDate, Inc.
info@uptodate.com
Telephone: 1-800-998-6374 or
+1-781-392-2000
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