This Authorized End-User License Agreement (“EULA”) is a
legal agreement that you (either as an individual person or as an authorized
representative of an academic, business or governmental entity) have to
follow. This EULA governs Authorized Users’ (as defined below) access to the
Standardized Vocabularies and relational mapping tables (collectively the
“Licensed Materials”). The EULA grants Authorized Users a
limited license as set forth below to use the Licensed Materials solely
within the United States and its territories and describes an Authorized
User’s obligations with respect to the Licensed Materials.
If you have any questions about this EULA, or desire to contact OHDSI for
any reason, go to contact@ohdsi.org.
In consideration of the mutual promises contained herein and other good
and valuable consideration, the receipt and sufficiency of which is hereby
acknowledged, the parties agree as follows:
I. Content of Licensed Materials; Grant of License.
The Licensed Materials that are the subject of this EULA consist of
electronic information published or otherwise made available by Northrop
Grumman Corporation (“Third Party Licensors”). This information
is hereafter referred to in this EULA as the “Licensed
Materials”.
The copyright and all rights, title and interest in and to the Licensed
Materials and any trademarks or service marks relating thereto remain with
OHDSI and/or its suppliers or applicable third parties. Authorized Users
shall not have right, title or interest in the Licensed Materials except as
expressly set forth in this EULA. Authorized Users may not resell, transfer
for value or otherwise, the Licensed Materials. OHDSI hereby grants to
Authorized Users a non-transferable, non-exclusive, non-sublicensable,
limited right to use the Licensed Materials for the sole purpose of
performing research related to drug outcome studies solely within the United
States and its territories in accordance with this EULA.
II. Authorized Use of Licensed Materials by Authorized User.
“Authorized User” means (1) any person to whom, pursuant to
this EULA, was granted a right to access and use the Licensed Materials, or
(2) any academic, business, or governmental entity (and its employees) to
which, pursuant to this EULA and through the acceptance of this EULA by an
authorized representative, was granted such right. All Authorized Users are
bound by the terms of this EULA. Authorized Uses. Authorized Users may use
the Licensed Materials solely in accordance with this EULA. All use of the
Licensed Materials as is consistent with the Fair Use Provisions of United
States and international law is permitted. Nothing in this EULA is intended
to limit in any way whatsoever Authorized Users’ rights under the Fair Use
Provisions of United States or international law to use the Licensed
Materials. The Licensed Materials may be used, copied or modified by an
Authorized User solely for purposes of performing research related to drug
outcome studies and solely within the United States and its territories.
III. Access by and Authentication of Authorized Users.
Login Name, and E-Mail Address. Each person who accepts this EULA, either
on his or her individual behalf, or as an authorized representative of an
academic, business, or governmental entity, shall be identified and
authenticated by the use of a unique login name and email address provided
during the registration process. Each such person’s identity will be shared
with certain Third Party licensors, including the Northrop Grumman
Corporation.
IV. Specific Restrictions on Use of Licensed Materials.
Unauthorized Use. Except as specifically provided elsewhere in this EULA,
Authorized Users shall not knowingly permit anyone other than Authorized
Users to use the Licensed Materials. Modification of Licensed Materials.
Authorized Users are prohibited from publishing, distributing via the
Internet or other public computer-based information system, creating
derivative works from (including translating), transferring, selling,
leasing, licensing or otherwise making available to any unauthorized party
the Licensed Materials, or a copy or portion of the Licensed Materials.
Copyright Notice. All copyrighted material is the property of its
designated owners.
MedDRA©, the Medical Dictionary for Regulatory Activities
terminology is the international medical terminology developed under the
auspices of the International Conference on Harmonization of Technical
Requirements for Registration of Pharmaceuticals for Human Use
(“ICH”). Authorized Users shall include the following
acknowledgement statement in all articles referencing MedDRA: MedDRA©
is a registered trademark of the International Federation of Pharmaceutical
Manufacturers and Associations (“IFPMA”).
V. Limitations on Liabilities and Warranties; Remedies.
Notwithstanding anything else in this EULA:
Neither party shall be liable for any indirect, special, incidental,
punitive or consequential damages, including but not limited to loss of
data, business interruption or loss of profits arising out of the use of or
the inability to use the Licensed Materials. There is no representation or
warranty, and expressly disclaims any liability with respect to the content
of any Licensed Materials, including but not limited to errors or omissions
contained therein, libel, infringement of rights of publicity, privacy,
trademark rights, moral rights or the disclosure of confidential
information.
LICENSED MATERIALS ARE PROVIDED “AS IS WITH ALL FAULTS”
WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, ARISING OUT OF OR
RELATED TO THIS EULA INCLUDING BUT NOT LIMITED TO, ANY WARRANTIES REGARDING
ACCURACY, QUALITY, CORRECTNESS, COMPLETENESS, COMPREHENSIVENESS,
SUITABILITY, SYSTEM AVAILABILITY, COMPATIBILITY, MERCHANTABILITY, FITNESS
FOR A PARTICULAR PURPOSE, TITLE, NONINFRINGEMENT, OR OTHERWISE (IRRESPECTIVE
OF ANY COURSE OF DEALING, CUSTOM OR USAGE OF TRADE). NO FEE SCHEDULES, BASIC
UNIT, RELATIVE VALUES OR RELATED LISTINGS ARE INCLUDED IN THE LICENSED
MATERIALS. OHDSI AND AMA DO NOT DIRECTLY OR INDIRECTLY PRACTICE MEDICINE OR
DISPENSE MEDICAL SERVICES. THE RESPONSIBILITY FOR THE CONTENT OF THIS
FILE/PRODUCT IS WITH OHDSI AND NO ENDORSEMENT BY OHDSI AND ITS THIRD PARTY
LICENSORS IS INTENDED OR IMPLIED. OHDSI AND ITS THIRD PARTY LICENSORS
DISCLAIM RESPONSIBILITY FOR ANY CONSEQUENCES OR LIABILITY ATTRIBUTABLE TO OR
RELATED TO ANY USE, NON-USE, OR INTERPRETATION OF INFORMATION CONTAINED OR
NOT CONTAINED IN THIS FILE/PRODUCT. IN ADDITION, AUTHORIZED USER
ACKNOWLEDGES THAT THE DATA MAY BE SUBJECT TO LIMITATIONS, DELAYS, LATENCY
ISSUES AND OTHER PROBLEMS INHERENT IN THE USE OF THE INTERNET AND ELECTRONIC
COMMUNICATIONS, AND THAT OHDSI AND ITS THIRD PARTY LICENSORS ARE NOT
RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGE RESULTING
FROM SUCH PROBLEMS. THIS EULA WILL TERMINATE IMMEDIATELY IF YOU VIOLATE ITS
TERMS. THE THIRD PARTY LICENSORS ARE THIRD PARTY BENEFICIARIES TO THIS
EULA.
