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Informa standard terms of business for Litt's Drug Eruptions and Reactions (DERM) Database - User License

Introduction

1. The following terms shall have the following meanings:

“Agreement” means these terms and conditions of use;

“Online Services” means the making available of the Product(s) via a website operated or controlled by us or our representatives;

“Materials” means the Product and the Online Services;

“Product” means the Litt’s Drug Eruptions and Reactions Database;

“Subscription Period” the period of 12 months from the date we receive your payment for access to the Product and “subscription” has a corresponding meaning;

“Authorised User” means you, if you are an individual, or, if you are a company or partnership, one user who is your employee or officer;

“we”, “us” or “our” means Informa Healthcare, a trading division of Informa UK Limited, a company incorporated in England and Wales(company number 1072954) whose registered office is at Mortimer House, 37-41 Mortimer Street, London W1T 3JH; and

“you” or “your” means the customer (whether an individual, a company or a partnership or other entity) that receives the benefit of this Agreement and to which the licence in clause 5 is granted.

2. These terms govern the supply of and, your access to, the Materials to the exclusion of all other terms.

3. Our making the Online Services available to you constitutes performance of our services and you will have no right to cancel this Agreement once we have done so.

4. Invoices shall be paid within 30 days of the date of the invoice.

Licence & Proprietary Rights

5.We grant to you a non-exclusive, non-transferable licence to use and access the Materials for the Subscription Period, but only in accordance with clauses 6 and 7 and any other terms contained herein.

6. You may display the Materials electronically to the Authorised User and the Authorised User may, solely for use in the ordinary (internal) course of your business:

(i) download and store limited and insubstantial extracts of Materials in machine readable form;

(ii) print limited and insubstantial extracts of the Materials;

(iii) use limited and insubstantial extracts from the Materials in internal reports circulated to your employees or officers provided it does not form part of a systematic, regular or routine pattern of use;

7. You shall not (and you shall ensure as a principal obligation that the Authorised User shall not):

(i) except where required by law or court order, use, submit or volunteer the Materials as evidence in any legal proceedings regardless of whether such use would be in the ordinary course of your business;

(ii) incorporate or append to patient records the Materials regardless of whether such use would be in the ordinary course of your business;

(iii) download, store, reproduce, transmit, display, copy, distribute, commercially exploit or use the Materials other than as expressly permitted in clause 6;

(iv) modify or alter the Materials nor create a database in electronic or structured manual form by downloading and storing any of the content from such Materials;

(v) allow the Authorised User to use Materials for any external purpose whatsoever.

8. The Materials are protected by international copyright laws, database rights and other intellectual property rights. We, our affiliates or our licensors are the owners of these rights.

9. You shall be responsible for ensuring that (i) only the Authorised User has access to or otherwise uses the Materials in accordance with these terms; and (ii) the Authorised User shall immediately cease accessing and using the Materials upon ceasing to be your employee or personnel.

10. You shall indemnify us for any loss, damages, costs or other liability we incur as a result of your or any Authorised User’s breach of this Agreement.

11. We reserve the right at any time:

(i) to make changes or corrections and to alter, update or upgrade any aspect of any of the Materials;

(ii) to vary the technical specification of any of the Materials or of any software included therein; and

(iii) to withdraw any (or any part) of the Materials.

12. If we exercise our right to withdraw any substantial part of the Materials under clause 11, we may offer in our discretion broadly equivalent replacement materials or a refund in respect of the unexpired portion of your subscription fee in relation to the withdrawn Materials and such refund or replacement shall discharge all of our liabilities to you in respect of the withdrawn Materials.

13. We warrant that we have the right to licence the Materials to you and that we will provide the Materials with reasonable skill and care. Except for this, we exclude all express or implied terms, conditions, warranties, representations or endorsements whatsoever with regard to the Materials to the extent permitted by law.

Limitation of Liability

14. We do not endorse any of the medications, products or treatments described, mentioned or discussed in the database or pages accessible within or from the Litt’s Drug Eruptions and Reactions Database or any of our other publications. Furthermore, we make no representations concerning the efficacy, appropriateness or suitability of any such medications, products or treatments.

15. In view of the possibility of human error or advances in medical knowledge, neither we nor our staff nor any other party involved in providing the database or pages accessible within or from the Drug Eruption Data site or any of our other services or publications, warrant that the information contained therein is in every respect accurate or complete and they are not responsible nor liable for any errors or omissions that may be found in such information or for the results obtained from the use of such information.

16. You are encouraged to consult other sources and confirm the information contained in the databases or pages accessible within or from the Drug Eruptions and Reactions Database or any of our other services or publications.

17. If erroneous or otherwise inaccurate information is brought to our attention, a reasonable effort will be made to correct or delete it.

18. We accept no liability for any indirect or consequential loss or damage or for any loss of data, profit, goodwill, anticipated savings, revenue or business (whether direct or indirect) in each case, however caused, even if foreseeable, arising under or in relation to this Agreement or arising out of or in connection with your access, viewing, use of, or reliance upon any Materials.

19. In circumstances where you suffer loss or damage arising out of or in connection with the use or performance of Materials we accept no liability for this loss or damage whether due to inaccuracy, error, omission or any other cause and whether on the part of us or our servants, agents or any other person or entity.

20. If we are liable to you under this Agreement for any reason, our liability will be limited to the amount paid by you for the Materials in the year during which such liability occurs.

21. Nothing in this Agreement shall limit our liability for death or personal injury resulting from our negligence or from our fraudulent misrepresentation or any liability which cannot be excluded under the applicable law.

Online Services

22. You acknowledge and agree that all logins, passwords or other Authorised User identification to access the Materials (whether chosen by you or the Authorised User or provided by us) are personal to the Authorised User and you shall ensure, as a principal obligation, that the Authorised User shall treat such logins, passwords and other Authorised User identification as confidential and not disclose or transfer them to any person. You must notify us immediately of any unauthorised use of them or any other breach of security regarding our website that comes to your attention. Without prejudice to any other right or remedy available to us, we have the right to disable any login, password or other Authorised User identification at any time, if in our opinion you or any Authorised User has failed to comply with this clause.

23. You are responsible for ensuring that your computer system meets all relevant technical specifications necessary to receive Materials. You also understand that, although we try to guard against viruses, we cannot and do not guarantee or warrant that any Materials will be free from infections, viruses and/or other code that has contaminating or destructive properties. You are responsible for implementing sufficient procedures and virus checks (including anti-virus and other security checks) to satisfy your particular requirements for the security of data input and output.

24. We will seek to make Online Services available but cannot guarantee that the Online Services will operate continuously or without interruptions or that they will be error free and we do not accept any liability for their unavailability. You must not attempt to interfere with the proper working of the Online Services and, in particular, you must not:

(i) attempt to circumvent security, tamper with, hack into, or otherwise disrupt any computer system, server, website, router or any other Internet connected device; or

(ii) use automated retrieval devices (such as so called web robots, wanderers, crawlers, spiders or similar devices).

25. We may temporarily suspend your access to Materials through the Online Services (and/or to the Online Services generally) for the purposes of maintenance or upgrade (but we will use our reasonable endeavours to minimise the period of suspension).

26. We make no representations whatsoever about any other third party websites which you may access through the Online Services. When you access any other third party website you understand that it is independent from our websites and that we have no control over the content or availability of that website. In addition, a link to any other third party website does not mean that we endorse or accept any responsibility for the content, or the use of, such a website and we shall not be liable for any loss or damage caused or alleged to be caused by or in connection with use of or reliance on any content, goods or services available on or through any other web or resource. Any concerns regarding any external link should be directed to its website administrator or web master.

Termination

27. We may immediately terminate or suspend your subscription at any time if you:

(i) have committed a material breach of any of your obligations under this Agreement and have not remedied such breach (if the same is capable of remedy) within 14 days of receiving written notice of the breach; or

(ii) have committed a persistent breach of your obligations under this Agreement (regardless of whether such breaches are capable of remedy); or

(iii) go into liquidation whether compulsory or voluntary or are declared insolvent or if an administrator or receiver is appointed over the whole or any part of your assets or if you enter into any arrangement for the benefit of or compounds with your creditors generally or ceases to carry on business or threatens to do any of these things or suffers any analogous event in any jurisdiction; or

(iv) are or become a direct or indirect competitor to us or you sell, provide, disclose or transmit any of the Materials to any of our direct or indirect competitors.

28. Upon termination of this Agreement:

(i) subject to clause 29 all your rights and licences to any Materials shall immediately cease;

(ii) you shall immediately cease using any logins, password or other Authorised User identification for access to Online Services and shall ensure as a principle obligation that all Authorised Users do likewise; and

(iii)we shall not be required to refund any fees received from you and we shall be entitled to submit an invoice in respect of any outstanding fees which will become immediately due and payable.

29. Within 10 days after the last day of the Subscription Period, you will permanently delete from your records and storage media and/or destroy all copies of the Materials

30. On termination of this Agreement, the following clauses shall remain in force: clauses 28 – 30, 33 and 34

General

31. We shall not be liable for any delay or failure to perform any of our obligations hereunder where such delay or failure is due to an event beyond our reasonable control.

32. You may not assign, transfer or sub-licence any of your rights under this Agreement. We shall be entitled to assign or transfer this Agreement to any third party including our associated or affiliated companies.

33. This Agreement is the whole agreement between the parties and supersedes any previous agreement between the parties relating to such matters. Each party acknowledges and agrees that in entering into this Agreement it does not rely on, and shall have no remedy in respect of, any statement, representation, warranty or understanding (whether negligently or innocently made) other than as expressly set out in this Agreement as a warranty. No variation of these Terms shall be effective unless made in writing signed by or on behalf of each of the parties

34. This Agreement is governed by English law and you submit to the non-exclusive jurisdiction of the English Courts.