Effective: September 11, 2018
- License Grant.
- Customer and Authorized Users shall not, and shall not permit anyone else to: (i) directly or indirectly sell or provide access to, or sell or provide data derived from or made available through, the Service to any other person or entity; (ii) reverse-engineer, decompile, disassemble, re-purpose, copy, modify, merge, transmit, translate, translate or create derivative works from the Service or from any data, information, content, software or technology used or provided by CCC as part of the Service; (iii) use the Service or any data, information, content, software or technology provided through or in connection with the Service for any purpose other than as expressly authorized hereunder; (iv) use the Service in violation of export control laws or regulations, or any other applicable laws; (v) input or load any data, information or content of any third party without appropriate authorization; (vi) input or load any viruses, Trojan horses or other harmful software; (vii) access the Services for purposes of automated performance load monitoring of their availability, performance or functionality, or for any other benchmarking or competitive purpose; (viii) access or crawl the Services using any robot, spider, or other automated means; or (ix) utilize, access, or exploit CCC’s systems in any manner except as authorized under this Agreement, including without limitation, to conduct penetration or vulnerability testing of such systems. No part of the Service and no more than a minimal part of any CCC database may be copied, downloaded, transmitted or modified in any way without the express written consent of CCC. Any attempt to do any of the acts described above in this paragraph 2 shall immediately and automatically void the licenses granted hereunder.
- CCC may discontinue the Service and/or terminate the license hereunder and suspend or terminate Customer’s access to the Service at any time, for any or no reason.
- Representations and Warranties.
CCC warrants that it is authorized to provide the Service and to use, and authorize others to use, any software or information provided by CCC to Customer as part of the operation of the Service. Customer warrants that (i) Customer will maintain secure access from its computers and internal networks to the CCC server (including the security of any username and password information) and retains responsibility for all Customer equipment and software that may be used in connection with the Service; (ii) Customer takes all responsibility for all activities that occur in connection with the Service from any Customer-designated IP address or other agreed-upon access-control mechanism (including, without limitation, responsibility for payment for any orders placed); (iii) but for transactions in connection with which CCC or its systems explicitly request, and the applicable Authorized User explicitly provides, personally identifying information (such as the placement of orders using credit cards), Customer will not convey to CCC through the Service or otherwise, any such personally identifying information; (iv) Customer shall comply with all applicable data privacy laws; without limiting the foregoing, Customer shall be solely responsible for procuring any required licenses, rights, consents and/or registrations with applicable authorities as may be necessary to provide to CCC any information conveyed to CCC through the service, and for obtaining the consent of Authorized Users prior to any disclosure of personally identifying information as contemplated in clause (iii) above; and (v) any use of the Service and the underlying data, information, software or technology will be in accordance with all applicable laws and regulations.
- EXCEPT AS EXPRESSLY PROVIDED ABOVE, EACH PARTY MAKES NO REPRESENTATION OR WARRANTY, AND EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, CCC MAKES NO REPRESENTATION, WARRANTY OR GUARANTEE THAT PROVISION OF THE SERVICE SHALL BE TIMELY, UNINTERRUPTED OR ERROR-FREE, THAT THE SERVICE WILL MEET CUSTOMER’S REQUIREMENTS OR EXPECTATIONS, THAT THE SERVICE WILL BE IMPERVIOUS TO ANY DELAYS OR OTHER PROBLEMS ARISING FROM USE OF THE INTERNET OR THAT THE SERVICE WILL ALWAYS BE AVAILABLE.
- Medline Disclaimer.
Certain data made accessible on or through the Service is provided under lease from MEDLINE®/PubMed®, a database of the U.S. National Library of Medicine (“NLM”). NLM represents that its data were formulated with a reasonable standard of care. Except for this representation, NLM and CCC make no representations or warranties, express or implied, with respect to the NLM data, including, but not limited to, any implied warranty of merchantability or fitness for a particular purpose, and NLM and CCC specifically disclaim any such representations and warranties. NLM data are produced by a U.S. Government agency and include works of the United States Government that are not protected by U.S. copyright law but may be protected by non-US copyright law, as well as abstracts originating from publications that may be protected by U.S. copyright law. NLM assumes no responsibility or liability associated with use of copyrighted material, including transmitting, reproducing, redistributing or making commercial use of the data. Neither NLM nor CCC or its affiliates provide legal advice regarding copyright, fair use, or other aspects of intellectual property rights. Persons contemplating any type of transmission or reproduction of copyrighted material such as abstracts are advised to consult legal counsel.
- Limitation of Liability.
CCC SHALL NOT BE LIABLE TO CUSTOMER OR TO ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, CONSEQUENTIAL OR SPECIAL DAMAGES ARISING OUT OF USE OF, OR INABILITY TO USE, THE SERVICE, ANY SOFTWARE INCLUDED THEREIN OR ANY CCC DATABASE, REGARDLESS OF THE THEORY OF LOSS OR DAMAGE AND REGARDLESS OF ANY NOTICE OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE. THE LIABILITY OF CCC FOR ANY DIRECT DAMAGES IN CONNECTION WITH THE SERVICE SHALL IN NO EVENT EXCEED $1,000.
- Not Legal Advice.
CCC is neither a lawyer nor a law firm. The Service is not intended to and does not constitute legal advice; and no attorney-client relationship is formed between Customer or any Authorized User and CCC or any CCC employee or representative.
- Treatment of Information.
- Third Party Content.
Third party content may appear on or be accessible through the Service. CCC is not responsible for and assumes no liability for any infringement, mistakes, misstatements of law, defamation, slander, libel, omissions, falsehood, obscenity, pornography or profanity in the statements, opinions, representations or anything else contained in, or for any other injury or damage caused by, any third-party content appearing on or made accessible through the Service. You understand that the information and opinions in the third-party content are not endorsed by, and do not necessarily reflect the opinions or beliefs of, CCC or its affiliates or any of their respective agents, employees, directors or other representatives and CCC assumes no liability for Customer’s reliance on such content.
- Governing Law.
- Entire Agreement.