NABPLAW Online Licensing Agreement
The National Association of Boards of Pharmacy Foundation®, hereafter called 'NABPF', publishes the NABPLAW Database Online and grants the Subscribing Institution, hereafter called 'Subscriber' license for access during the period for which the subscription has been paid subject to the terms and conditions contained in this Agreement.
USE OF NABPLAW ONLINE CONSTITUTES ACCEPTANCE OF THE TERMS OF THIS AGREEMENT. IF SUBSCRIBER OR AUTHORIZED USERS DO NOT WISH TO BE BOUND BY THIS AGREEMENT AND THE OPERATING POLICIES, DO NOT USE NABPLAW ONLINE.
Subscription Period; License
Subscription is for one (1) year. Subscription must be renewed before the expiration date to maintain uninterrupted access to NABPLAW Online. See Section 10 for Termination information. NABPF grants to Subscriber a non-transferable, non-exclusive license for the term hereof to use NABPLAW Online according to the terms and conditions of this Agreement. Subscriber will not duplicate or alter NABPLAW Online in any way. Subscriber shall not use or permit use of NABPLAW Online in any manner except as specifically permitted by this Agreement, and shall enforce the terms and conditions in the event of violation by Authorized Users.
NABPF may change or discontinue any aspect of NABPLAW Online during the subscription period. Substantive changes to the content or features of NABPLAW Online, or any changes to the terms and conditions of use, will be communicated to the Subscriber (as indicated at the end of this Agreement) 30 days in advance of implementation via the means set forth in Section 10, with the provision for termination by the Subscriber accompanied by a refund of the fees paid for the remainder of the subscription period. In the event of non-response by the end of the notice period, Subscriber use of NABPLAW Online shall be deemed to constitute acceptance by Subscriber of such changes. Changes to the licensing agreement will be issued as an Addendum, and agreed to by both parties.
Authorized Users include (i) the employees of corporate or government agency Subscribers, and (ii) the employees, faculty, staff, and students officially affiliated with college of pharmacy Subscribers, who access NABPLAW Online through workstations physically located on the site and are under the control and administration of Subscriber. Sharing this resource with non-subscribing corporations, government agencies, or institutions is not permitted.
Subscriber or designee must inform NABPF promptly of changes in the registration information, including change of mailing address, IP address, telephone number, etc., via the means set forth in Section 9.
Subscriber may not resell, assign, or transfer a subscription, use of service, or any content. Subscriber agrees to pay all subscription fees. Subscriber will be held responsible for any unauthorized use of Subscriber's account until NABPF is notified.
Subscriber is required to make all reasonable efforts to notify its Authorized Users of the permitted and prohibited uses. Subscriber is responsible for taking reasonable measures to prevent access by unauthorized persons to its user name and password and/or IP address(es), and is responsible for terminating any unauthorized access of which it has actual notice or knowledge. Subscriber will not be held responsible for uses of NABPLAW Online that are contrary to the guidelines stated in Section 5, provided that such uses are without its expressed or implied consent, and provided that it promptly notifies NABPF of any such use of which it becomes aware and takes all reasonable steps to terminate such activity. Subscriber agrees to cooperate with NABPF in any investigation of unauthorized access or use. NABPF will not bring an action against an Authorized User without first consulting Subscriber.
License of Service Content
NABPLAW Online is the proprietary and protected property of NABPF. The entire contents of NABPLAW Online are copyrighted as a collective work under the United States copyright laws. NABPF grants Subscriber a non-exclusive, revocable, non-transferable right and license to access and use NABPLAW Online made available to Subscriber on the Internet via Subscriber's contracted method of access, and to permit Subscriber's Authorized Users to access NABPLAW Online.
Use of NABPLAW Online should be for the purposes of research or study. Authorized Users may download, store on a PC, or print out copies of abstracts from NABPLAW Online for his/her own non-commercial use, including use in the ordinary course of Authorized User's business or profession, provided user maintains all copyright and other notices contained in such material.
Subscriber may not (i) create permanent anthologies for redistribution, (ii) sell that material, or (iii) offer for sale that material. Subscribers may not post any downloaded material to any other online service (including any bulletin board or the Internet) without the expressed permission of the copyright holder. Electronic NABPLAW Online documents may not redistributed over any network or posted for general access (e.g. on a bulletin board or the Internet); sold; or offered for sale. Materials from NABPLAW Online may not be recompiled, manipulated, used to prepare derivative works, or published in another format, without the expressed written consent of NABPF.
NABPF utilizes a password account for Subscriber access to NABPLAW Online. A password account requires users to log on each time they access NABPLAW Online. To receive such access, Subscriber must submit subscription payment. Upon receipt of payment, NABPF will notify Subscriber of assigned user name and password. Subscribers may change their user name and/or password by contacting NABPF. NABPFs sole obligation with respect to user names and passwords is to exert reasonable efforts to maintain the confidentiality of such user names and passwords in NABPFs possession. It is the responsibility of the Subscriber to promptly notify NABPF in writing of unauthorized use of, or lost or stolen user names and passwords. NABPF will reissue new user names and passwords upon receipt of Subscribers notice provided that Subscriber is in compliance with the Terms and Conditions of this Agreement. Subscriber may not publish or disclose user names or passwords unless written permission is obtained from NABPF. User names and passwords are not permitted to be disseminated via an unsecured Web page.
Disclaimers and Limitation
NABPF does not make any warranties expressed (except as expressly provided herein) or implied, including, without limitation, those of merchantability and fitness for a particular purpose, with respect to NABPLAW Online any information or software published on NABPLAW Online, or any products or services sold through NABPLAW Online. NABPF makes no guarantee or warranty that the results obtained will be successful or will satisfy Subscribers requirements. NABPF makes no guarantee or warranty with regard to the accuracy or completeness of the data obtained from NABPLAW Online. The Subscriber assumes the entire risk of the performance of NABPLAW Online. In no event shall NABPF be liable for direct, indirect, special, incidental or consequential damages arising out of the use or inability to use or access NABPLAW Online.
NABPF intends to take prudent measures to screen files for infection by viruses, worms, Trojan horses, or other code manifesting contaminating or destructive properties before making such files available for downloading. NABPF does not guarantee or warrant that such files will be free of such properties. NABPLAW Online is provided on an "as is, as available" basis. Further, NABPF does not warrant that the functions or services performed by NABPLAW Online will be uninterrupted or error free, but will take reasonable steps to correct defects in NABPLAW Online.
In the event, due to causes within its reasonable control, NABPF is unable to provide Subscriber with access to the system for a period exceeding 24 consecutive hours, and Subscriber timely objects, NABPF agrees to extend the Agreement period for corresponding 24 hour (1 day) increments to a maximum of 5 days at no additional cost to the Subscriber. Any claim against NABPF shall be limited to such credit. In no event will NABPF be liable (i) for any incidental, consequential or indirect damages (including, but not limited to, damages for lost profits, business interruption and loss of programs or information) arising out of the use of or inability to use NABPLAW Online, or any information provided on NABPLAW Online, or (ii) for any claim attributable to errors, omissions or other inaccuracies published on NABPLAW Online.
Third Party Rights
The provisions regarding Disclaimers and Limitation of Liability are for the benefit of NABPF, employees, and agents. Each shall have the right to assert and enforce those provisions against the Subscriber.
NABPF may deliver notices regarding NABPLAW Online by electronic mail, on the Internet, or by written communication to the Subscriber. Subscribers may give notice to NABPF by letter sent by fax to 847/375-1114 or by mail to NABPF, 1600 Feehanville Drive, Mount Prospect, IL 60056, except as limited by Section 10 of this Agreement.
This Agreement may be terminated by written notice for any reason by either party within 30 days of the end of the subscription period, delivered as described in Section 9 of this Agreement, except that NABPF may terminate this Agreement immediately for violations of Section 5. The provisions regarding Disclaimers and Third Party Rights shall survive.
This license may not be sub-licensed, assigned or transferred by the Subscriber in any manner whatsoever.
NABPF is not liable for any failure or delay in performance due to any cause beyond its reasonable control, including fire, explosion, accident, war, strikes or governmental actions, delay or failure of suppliers, difficulties with telecommunications networks, civil disturbances and Acts of God.
The Subscriber grants NABPF the right to audit Subscriber's use of NABPLAW Online to ensure compliance with this Agreement including without limitation, the number of sites and/ or workstations permitted to access NABPLAW Online and to monitor Authorized User compliance.
Use of NABPLAW Online by Subscriber constitutes acceptance of all terms set forth in this Agreement. SUBSCRIBER AGREES TO BE BOUND BYTHE TERMS AND CONDITIONS SET FORTH HEREIN.