NCCN End User License Agreement
This End User License Agreement (“License Agreement”) is an agreement between you and the National Comprehensive Cancer Network® (NCCN®) for access to and use of NCCN Continuing Education programs and the electronic versions of the NCCN Clinical Practice Guidelines in Oncology (“NCCN Guidelines®”), NCCN Guidelines for Patients®, the NCCN Drugs & Biologics Compendium (“NCCN Compendium®”), NCCN Biomarkers Compendium™, and the NCCN Chemotherapy Order Templates (“NCCN Templates®”) that are provided to you on this NCCN website (“Site”) (the NCCN Guidelines®, NCCN Guidelines for Patients®, NCCN Compendium®, NCCN Biomarkers Compendium™, and NCCN Templates® shall be referred to collectively as the “NCCN Content”).
BY CLICKING ON THE “ACCEPT” BUTTON BELOW, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS LICENSE AGREEMENT. IF YOU DO NOT AGREE WITH THE TERMS OF THIS LICENSE AGREEMENT, YOU MAY NOT VIEW, ACCESS, OR USE THE NCCN CONTENT IN ANY MANNER. 1. Grant of Limited License.
Subject to the terms and conditions of this License Agreement, NCCN hereby grants to you a non-transferable, non-exclusive, limited, personal license to access and view the NCCN Content provided on the Site. 2. Intellectual Property Rights.
You acknowledge that NCCN is the owner of all right, title and interest in and to the NCCN Guidelines®
, NCCN Guidelines for Patients®
, NCCN Compendium®
, NCCN Biomarkers Compendium™, NCCN Templates®
, and NCCN Continuing Education including, without limitation, all modifications, updates and other derivative works thereof and all copyright and other intellectual property rights related thereto. Except for the limited rights expressly set forth in this License Agreement, you hereby agree that you shall not at any time dispute, challenge, or contest, directly or indirectly, NCCN's right, title and interest in and to the NCCN Content, or assist or aid others to do so. 3. Restrictions on Use. A) General You may view the NCCN Content contained on the Site solely for your own personal purposes. You may not copy, transfer, reproduce, modify or create derivative works of any part of the NCCN Content for any reason and may not use the NCCN Content for any commercial purpose. B) Clinical Use
Clinicians may use the NCCN Content contained on this Site to support diagnosis and treatment of their cancer patients. At all times and for all purposes, the NCCN Content may only be used in the context of clinicians exercising independent medical or professional judgment within the scope of their professional license. No one, including clinicians, may use the NCCN Content for any commercial purpose and may not claim, represent, or imply that any NCCN Content that has been modified in any manner is derived from, based on, related to or arises out of the NCCN Guidelines, the NCCN Compendium, the NCCN Templates, or NCCN Continuing Education. C) Notices
You shall not remove any copyright, trademark or other notices or legends contained on the NCCN Content and all copies of the NCCN Content must contain, at a minimum, the following notices: “© National Comprehensive Cancer Network 2014, All Rights Reserved. NATIONAL COMPREHENSIVE CANCER NETWORK®, NCCN®, NCCN GUIDELINES®, NCCN COMPENDIUM®, NCCN BIOMARKERS COMPENDIUM™, NCCN TEMPLATES®, NCCN FLASH UPDATES™, NCCN TRENDS™ Surveys & Data, Powered by NCCN™, NCCN ONCOLOGY INSIGHTS REPORTS™, and NCCN GUIDELINES FOR PATIENTS®
are trademarks (“Marks”) of the National Comprehensive Cancer Network, Inc.”D) Review of Use
Upon NCCN's request, you shall provide NCCN with examples of each use you have made of the NCCN Content under this License Agreement. You agree to immediately cease any such use on receipt of notice from NCCN that such use is in violation of this License Agreement. 4. Restrictions; Disclaimers; Limitation of Damages. A) General
The NCCN Guidelines are a statement of consensus of the authors regarding their views of currently accepted approaches to cancer treatment. The NCCN Guidelines for Patients® are derived from the NCCN Guidelines®, which are developed by physicians. The recommendations regarding the uses and indications in the NCCN Compendium and NCCN Biomarkers Compendium™ have been derived directly from the NCCN Guidelines. The NCCN Compendium represents neither an all-inclusive listing of every drug and biologic nor every appropriate use and indication for drugs and biologics. The NCCN Biomarkers Compendium™ neither represents an all-inclusive listing of biomarker tests used in cancer treatment nor every oncology-related use and indication for biomarker testing. The NCCN Templates are peer-reviewed statements of consensus of their authors derived from the NCCN Guidelines for the conditions the NCCN Templates address. The NCCN Templates are not exhaustive and do not represent the full spectrum of care or treatment options described in the NCCN Guidelines or the NCCN Compendium or include all appropriate approaches or combinations of drugs or biologics for the treatment of cancer. NCCN Templates do not constitute orders. NCCN Continuing Education programs provide information about NCCN Guidelines and expert approaches to cancer care. Information in NCCN Continuing Education programs does not constitute medical or treatment advice.
The NCCN Content is updated at NCCN’s discretion to reflect updates and changes by the authors. NCCN will make reasonable efforts to post updated versions of the NCCN Content on the Site provided that NCCN has no obligation to advise you of any updates nor does NCCN have any obligation to update the NCCN Content at any time for any reason.
C) No Representations or Warranties
NCCN makes no representations or warranties and explicitly disclaims the appropriateness or applicability of the NCCN Content to any specific patient’s care or treatment. Any clinician seeking to treat a patient using the NCCN Content is expected to use independent medical judgment in the context of individual clinical circumstances of a specific patient’s care or treatment.
D) WARRANTY DISCLAIMER
NCCN MAKES NO WARRANTIES CONCERNING THE NCCN GUIDELINES, THE NCCN GUIDELINES FOR PATIENTS, THE NCCN COMPENDIUM, THE NCCN BIOMARKERS COMPENDIUM,THE NCCN TEMPLATES, OR NCCN CONTINUING EDUCATION, WHICH ARE PROVIDED “AS IS.” NCCN DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. NCCN DOES NOT WARRANT THE ACCURACY, CURRENCY, APPROPRIATENESS, APPLICABILITY OR COMPLETENESS OF THE NCCN CONTENT, NOR OF ANY PARTICULAR GUIDELINE, TEMPLATE, OR CONTINUING EDUCATION PROGRAM, OR MAKE ANY REPRESENTATION REGARDING THE USE OR THE RESULTS OF THE USE OF THE NCCN CONTENT IN TREATMENT.
E) LIABILITY LIMITATION
IN NO EVENT SHALL NCCN OR ITS MEMBERS BE LIABLE FOR ANY DAMAGES OF ANY KIND INCLUDING DIRECT, INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE LICENSE GRANTED UNDER THIS AGREEMENT OR USE OF THE NCCN CONTENT INCLUDING, WITHOUT LIMITATION, LOSS OF LIFE, PHYSICAL INJURY, PROPERTY DAMAGE, LOSS OF DATA, LOSS OF INCOME OR PROFIT, OR ANY OTHER DAMAGES, LOSSES OR CLAIMS, EVEN IF NCCN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, LOSSES OR CLAIMS.
You recognize that NATIONAL COMPREHENSIVE CANCER NETWORK®, NCCN®, NCCN GUIDELINES®, NCCN COMPENDIUM®, NCCN BIOMARKERS COMPENDIUM™, NCCN TEMPLATES®, NCCN FLASH UPDATES™, NCCN TRENDS™ Surveys & Data, Powered by NCCN™, NCCN ONCOLOGY INSIGHTS REPORTS™, and NCCN GUIDELINES FOR PATIENTS® are trademarks (“Marks”) of the National Comprehensive Cancer Network, Inc. NCCN retains all goodwill and intellectual property rights in such Marks. You shall not use the Marks or any confusingly similar Marks for any commercial purpose, including, without limitation, for purposes of marketing or promoting your services, without the prior written approval of NCCN, which approval may be withheld in NCCN's sole discretion. Each approved use of the Marks shall require the independent written approval of NCCN.
To access the NCCN Guidelines, the NCCN Compendium, the NCCN Biomarkers Compendium™, the NCCN Templates, and/or the NCCN Continuing Education on the Site, you are required to register. You agree to provide NCCN with accurate, complete registration information and you must inform NCCN of any changes to that information before any subsequent use of the NCCN Content. Each registration is for a single person only. You agree not to permit (a) any other person to use the Site under your name; or (b) multiple users of a network access through your name. You are responsible for preventing such unauthorized use.
7. Modification of License Agreement.
NCCN reserves the right to change the terms of this License Agreement at any time. Updated versions of this Agreement will appear on this Site. Continued use of any updated version of the NCCN Guidelines, the NCCN Compendium, the NCCN Biomarkers Compendium™, the NCCN Templates, and/or NCCN Continuing Education after any such changes constitutes your agreement to be bound by such changes.
8. Remedies for Violation.
NCCN reserves the right to seek all remedies available at law and in equity for violations of this License Agreement, including but not limited to the right to block access to the Site, the NCCN Guidelines, the NCCN Compendium, the NCCN Biomarkers Compendium™, the NCCN Templates, and/or NCCN Continuing Education.
You agree that this License Agreement contains the entire agreement between NCCN and you relating to its subject matter. If any provision of this Agreement is held to be invalid or unenforceable, the validity and enforceability of the remaining provisions shall not be affected thereby. This Agreement will be governed by and construed in accordance with the laws of the Commonwealth of Pennsylvania without giving any effect to the conflict of law provisions thereof, and each party agrees to submit to personal jurisdiction in the federal and state courts of Pennsylvania and waives any objection to venues in said courts. This Agreement will not be governed by the United Nations Conventions of Contracts for the International Sale of goods, the application of which is expressly excluded. You agree that the NCCN Content will not be shipped, transferred or exported into any country or used in any manner prohibited by the United States Export Administration Act, or any other export laws, restrictions.
IF YOU OR YOUR ORGANIZATION WOULD LIKE TO USE, COPY, AND/OR DISTRIBUTE NCCN CONTENT FOR ANY PURPOSE, PLEASE VISIT THE NCCN PERMISSIONS REQUEST SITE AThttp://www.nccn.org/about/permissions
. IF YOU OR YOUR ORGANIZATION IS INTERESTED IN LICENSING NCCN CONTENT AND/OR IF YOU HAVE ANY QUESTIONS REGARDING PERMISSION TO USE NCCN CONTENT, PLEASE CONTACT C. LYN FITZGERALD, VICE PRESIDENT, U.S. & GLOBAL DEVELOPMENT AT email@example.com
BY CLICKING ON THE “ACCEPT” BUTTON BELOW, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS LICENSE AGREEMENT.