PDR DIGITAL DRUG DATABASE
LICENSE AGREEMENT/TERMS OF SERVICE
PDR NETWORK, LLC (“PDR”), a Delaware limited liability corporation with offices at Five Paragon Drive, Montvale, NJ 07645 maintains the PDR Digital Drug Database (also known as PDR3D™) online subscription service, i.e. certain computer database/software products, which may be accompanied by documentation, and which PDR creates and/or licenses from third parties, markets, sublicenses, distributes and supports, including any updates thereto (the “Service”). As a user of the Service, the person or entity agreeing to this binding legal agreement (the “Licensee”) either by logging into the Service or by signing the Licensee’s renewal or new subscription notice (the “Notice(s)”) hereby agrees to all of the terms and conditions set forth herein and all other applicable Service terms and conditions and privacy policies (the “License”) and will not use the Service until and unless Licensee has expressly agreed to such terms and conditions. This License is effective upon the indicated start date set forth in the Licensee’s Notice or, for trial users, for the specific trial period authorized for such user by PDR. The terms of Service for Trial Users of the Service are the applicable terms of this License to the extent modified by those specific terms set forth in Section 1E below. The parties hereto agree as follows:
1. Subscription to the Service; License.
- During the term set forth in the applicable Notices (the “Term”) and upon full payment of the applicable fees due to PDR, PDR shall grant to Licensee a nonexclusive, nontransferable, limited pre-paid subscription and license to use the Service (the “Subscription”) pursuant to this License during the Term within the territory set forth in the Notices (the “Territory”) only at the Authorized Facilities (as defined below) and only by the Authorized Users (as defined below) for purposes pursuant to the terms and conditions set forth in the License and separately issued Notices. Licensee shall only use and allow its Authorized Facilities to use the Service for each Subscription for which it has paid the applicable Fees. “Authorized Facilities,” means the location(s) under Licensee’s control for which Licensee is contracting with PDR to provide access to the Service. “Authorized Users,” means Licensee’s employees, students, contractors, and/or physicians having privileges at Licensee’s Authorized Facility. As between Licensee and PDR, Licensee hereby assumes full responsibility for ensuring the appropriate use and reliance upon the Service in view of all attendant circumstances, indications and contraindications.
- PDR may make changes to the Service, including, without limitation, ceasing to distribute the Service or a portion of a Service. If PDR ceases to distribute the Service, PDR shall provide as much notice as is reasonably possible, whereupon, the Subscription shall terminate as to such Service. As its sole obligation, PDR or its distributor shall return to Licensee a pro rata refund of the portion of the prepaid Fee attributable to the terminated Service.
- The Service may only be utilized for Licensee’s own internal uses. By way of clarification, Licensee may: (i) copy limited excerpts of information from the Service into any other medium for internal use only, or (ii) print information derived therefrom for internal use only. Any other use is prohibited and is considered infringement under the Copyright Act, 17 U.S.C. §§ 101 et seq., unless written permission has been obtained from PDR. A prohibited use can result in immediate termination of this License.
- Except as expressly permitted in this License, Licensee shall not: (i) modify the content of the Service, (ii) copy, download, upload or in any other way reproduce the Service in any form, (iii) sell, distribute, sublicense, provide access to, or transfer the Service, in whole or part, to a third party (including, without limitation, by facsimile or electronic means); (iv) create compilations or derivative works, or reverse engineer, decompile or disassemble any part of the Service, including without limitation using any network monitoring or discovery software to determine the site architecture, or extract information about usage, individual identities or users or use any robot, spider, other automatic software or device, or manual process to monitor or copy the Service or the content therein without PDR’s prior written permission.; (v) use any version of the Service other than the most current version or access the Service by any means other than through PDR authorized interfaces; (vi) use the Service for the benefit of a third party or give any third party beneficial use of the Service, including, without limitation, any parent, subsidiary, or affiliated company, without the express written consent of PDR, including unauthorized manipulation or unauthorized display or use of the Service by using framing or similar navigational technology; (vii) modify or remove any copyright, trademark, disclaimer notices, proprietary markings or restrictive legends placed on the Service; (viii) use the Service or any portion of the Service for commercial use, including without limitation, for publication, broadcasting, rewritten, redistributed or used to create original content for publication; (ix) violate any applicable local, state, national or international law or use the Service for any purpose that is unlawful or prohibited by these terms and conditions; (x) use the Service in any manner that could damage, disable, overburden or impair PDR's servers or networks, or interfere with any other user's use and enjoyment of the Service; or (xi) attempt to gain unauthorized access to any of the Service, services, accounts, computer systems or networks connected to PDR through hacking, password mining or any other means. PDR reserves the right to embed an automatic shutdown feature or disable access to the Service, which will render the Service inoperable beyond the scope of this License. Licensee is responsible for taking reasonable measures to prevent prohibited uses and to promptly notify PDR of any infringements of copyright or prohibited use of which Licensee becomes aware. Licensee will cooperate with PDR in investigating any such prohibited uses and will take reasonable steps to ensure the cessation of such activity and to prevent any reoccurrence.
- Trial Users: The Term for Trial Users is the specific trial period authorized for such user by PDR. Access for Trial Users is solely by login/password.
- Access to the Service is controlled by login/password and/or valid Internet Protocol ("IP") addresses, or ranges of IP addresses, provided by Licensee. Only the IP addresses submitted by the Licensee at the time of the initial subscription or at the time of renewal may have access to the Service. Addition of IP addresses at any other time must be approved in advance by PDR and may require additional payment if the addition increases the number of Authorized Users or number of Authorized Facilities. Licensee may use a proxy server or cable service for providing remote dial-in access for its Authorized Users of an Authorized Facility. Use of an open proxy server to provide access for its Authorized Users is prohibited. Licensee is responsible for deleting any expired or inaccurate IP addresses from the Subscription, for taking reasonable measures to prevent access by unauthorized individuals to its authorized IP addresses, and for terminating any unauthorized access of which it has actual notice or knowledge.
- The Service uses standard Internet HTML format. PDR reserves the right to change format upon three (3) months' notice to Licensee, although PDR will make reasonable efforts to use commonly available formats. The Licensee and the Authorized Users are responsible for obtaining at their expense suitable Internet connections, Web browsers, and licenses for any software necessary to view the Service. Portions of the Service may also be available only in Adobe Acrobat (PDF) format to Licensee and its Authorized Users, who are solely responsible for installing and configuring the appropriate Adobe Acrobat Reader software.
- PDR shall use reasonable efforts to make online access available on a continuous basis. Availability will be subject to periodic interruption and downtime for server maintenance, software installation or testing, loading new files, and reasons beyond the control of PDR.
- Notwithstanding anything to the contrary here in, PDR has no obligation whatsoever to monitor any of the content on the Service. However, Licensee acknowledges and agrees that PDR has the absolute right to monitor the same at its sole discretion. In addition, PDR reserves the right to alter, edit, refuse to post or remove any postings or content, in whole or in part, for any reason and to disclose such materials and the circumstances surrounding their transmission to any third party in order to satisfy any applicable law, regulation, legal process or governmental request.
- If the Service requires Licensee to open an account, Licensee must complete the registration process by providing PDR with current, complete and accurate information, as prompted by the applicable registration form. Licensee acknowledge that by providing any information to PDR that is untrue, inaccurate, not current or incomplete, PDR reserves the right to terminate this License and Licensee’s continued access and use of the Service. As part of the registration process, Licensee will be asked to select a username/password, domain, or IP range. Licensee is entirely responsible for maintaining the security and confidentiality of Licensee’s account access. FURTHERMORE, LICENSEE IS ENTIRELY RESPONSIBLE FOR ANY AND ALL ACTIVITIES AND CONDUCT, WHETHER BY LICENSEE OR ANYONE ELSE, THAT ARE CONDUCTED THROUGH LICENSEE’S ACCOUNT. Licensee agrees to notify PDR immediately of any unauthorized use of Licensee’s account or any other breach of security. PDR will not be liable for any loss or damages of any kind that may arise as a result of someone else using Licensee’s account access, either with or without Licensee’s knowledge. However, Licensee may be held liable for any losses incurred by PDR or another party due to someone else using Licensee’s account access.
3. Disclosures by PDR.
- Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties on the Service or on web sites that are linked to the Service, including information providers, are those of the respective third parties, and not PDR. PDR does not guarantee the accuracy, completeness, or usefulness of any third party content. Furthermore, PDR neither endorses nor is responsible for the accuracy and reliability of any opinion, advice, or statement made on the Service or on any site that might be linked to the Service by anyone other than an authorized PDR representatives acting in their official capacity.
- THE INFORMATION PRESENTED ON THE PRODUCT IS FOR EDUCATIONAL PURPOSES ONLY. THE SERVICE IS NOT INTENDED AS A SUBSTITUTE FOR MEDICAL COUNSELING. Licensee is advised that health information is often subject to updating and refining due to medical research and developments. No assurance can be given that the Service will reflect the most recent findings or developments with respect to the particular material.
- PDR is based in the State of New Jersey in the United States of America. PDR makes no claims that the Service is appropriate or may be used or downloaded outside of the United States. Access to the Service may not be legal by certain persons or in certain countries. If you access the Services from outside the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction.
- The Service may contain health or medical-related materials that a person may find to be sexually explicit or otherwise offensive. PDR, its partners, licensors, and its suppliers accept no responsibility for such materials.
4. Property Rights.
- Licensee shall not, nor permit others to, provide, disclose, or otherwise make Proprietary Information available to, or accessible by, any person other than Authorized Users. Licensee shall take appropriate security precautions to effect its obligations under this Section 2(A). “Proprietary Information” means the Service, any permitted modifications thereto, and includes all copyrights, trademarks and other proprietary rights in connection therewith.
- All content on the Service is owned by PDR, its partners or is in the public domain. To the extent it is owned by PDR or its partners such materials are protected by copyright in other countries by virtue of the Universal Copyright Convention and the Berne Copyright Convention. All of the content of PDR and/or its affiliates, including without limitation any text, art, graphics, logos, button icons, images, pictures, audio clips, and software contained therein is the property of its rightful owner(s) and is protected by U.S. and international copyright laws. Except as granted in the limited license below, any other use of such content, including modification, transmission, presentation, distribution, or republication is prohibited without the express prior written consent of PDR. Any unauthorized copying or prohibited use of material from the Service, including but not limited to text, graphics, tables, code, or software, may result in liability for copyright infringement (including injunctive relief and damages) under U.S. and/or foreign law.
- All trademarks, trade names, logos, brand names, service marks, patents and patent applications of PDR, whether registered or unregistered, are the property of PDR and are protected by U.S. and international trademark and/or patent laws. Except as granted in the limited license below, any use of these assets is prohibited without the express prior written consent of PDR. In no event may any such assets be used in connection with any product or service that is not PDR’s, in any manner that is likely to cause confusion or in any manner that disparages or discredits PDR. All other trademarks, trade names, brand names, company names, and/or logos appearing on the Service are the property of their respective owners.
- Upon expiration or termination of any Subscription under this License, Licensee shall, within seven (7) days of such expiration or termination, delete any copies of the Service on its systems. No copies of the Service, except for those kept for legal archival purposes as applicable, may be retained by Licensee following such expiration or termination. Notwithstanding the foregoing, Licensee shall have no obligation to destroy work product of Authorized Personnel produced in accordance with the terms and conditions of this License.
- Licensee shall ensure that any notices, including without limitation copyright, trademark, and disclaimer notices supplied to Licensee by PDR or its third party licensors for the Service, shall be used in compliance with any instructions contained in the Service and shall appear in a conspicuous manner on the Service and/or on all printed materials from the Service.
- Nothing in this License shall convey or otherwise transfer title to any Proprietary Information or any modifications within the functionality of the Service to Licensee, its Authorized Personnel or any other third party.
5. Term and Termination.
- The Term of this License and the Subscription shall take effect as of the start date set forth in the applicable Notices, or, for trial users, for the specific trial period authorized for such user by PDR, and shall continue to be in effect for the term set forth in the applicable Notices (or, for trial users, for the specific trial period authorized for such user by PDR), and shall automatically renew for additional periods of one (1) year (“Renewal Term”) on the same terms and conditions herein (except that any proposed adjustment to the Fees as set forth in the proposed renewal Notice shall apply unless specifically rejected), unless either party provides notice of termination thirty (30) days prior to the start of the Renewal Term. If neither party provides notice of termination as set out above, this License shall continue on the then current terms and conditions. Any Renewal Term shall be governed by the provisions hereof and shall be deemed to have commenced upon the expiration of the immediately preceding Initial Term or Renewal Term, as applicable.
- In the event of a breach of this License by either party, the other may, in addition to pursuing all other legal remedies, terminate this License, upon thirty (30) days’ prior written notice unless the breach is cured within such time. In the event the breaching party is Licensee, PDR may elect to cease to distribute the Service until the breach is cured. In the event Licensee terminates this License due to a breach by PDR, as its sole obligation, PDR shall provide Licensee a pro-rata refund of any applicable prepaid Fees.
- Termination of a Subscription does not affect the parties’ obligations that have accrued prior to the Subscription termination and which are intended to survive termination of this License.
6. Fees and Payment.
- The Service and the total Fees for the initial Subscription or Renewal term are set forth in the Notices applicable to Licensee.
- Licensee shall pay PDR or its distributor all applicable Fees due. Licensee is responsible for the payment of any applicable state or local sales, use, ad valorem, personal property, value-added taxes or other taxes not based upon the net income of PDR. PDR acknowledges that not-for-profit institutions may be exempt from state and other taxes. The responsibility for determining whether Licensee has any liability for any taxes rests solely with the Licensee.
- All amounts due under this License are payable in United States currency (unless otherwise stated on the Notice) within thirty (30) days after the date of the Notice. PDR may, in addition to all other legal or equitable remedies, subject any amount not paid when due to a late payment fee equal to the greater of 1½% of the unpaid amount per month, or the maximum rate allowed by applicable law. Failure to pay the entire amount when due may also result in PDR disabling access to the Service or withholding the Updates until Licensee’s account is current. Licensee shall be responsible for all charges incurred through Licensee’s account, including any applicable taxes, in accordance with billing terms in effect at the time the fee or charge becomes payable. PDR reserves the right to change the amount of, or basis for determining, any fees or charges, and to institute new fees, charges or terms effective upon notice to Licensees. Licensee’s right to use the Service is conditional upon PDR’s receipt of payment. If payment is not received in a timely fashion, PDR reserves the right to immediately and without notice, either suspend or terminate Licensee access and account, thereby terminating all of PDR's obligations under this License. Licensee is required to pay any amounts still owed to PDR at the time Licensee’s account is suspended or terminated.
- PDR does not warrant or guarantee any of the products described, prices supplied, or medical device information contained, and does not perform any independent analysis in connection with any of the product descriptions. PDR does not assume, and expressly disclaims, any obligation to obtain and include any information other than that provided to it by its third party sources. It should be understood that by making this material available, PDR is not advocating the use of any product described in the Service, nor is PDR responsible for misuse of a product due to typographical error. Additional information on any product may be obtained from the manufacturer.
- PDR believes that the information contained in the Service (except with respect to any information contained therein which has been modified, as permitted hereunder) has been obtained from reliable sources. However, except as specifically provided herein, the Service is provided “as is,” "AS AVAILABLE", AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, PDR AND ITS THIRD PARTY LICENSORS SUPPLIERS AND AGENTS DO NOT WARRANT AND EXPRESSLY DISCLAIM THAT: (i) YOUR USE OF THE PRODUCT AND ACCESS TO AND USE OF ALL OF THE TOOLS AND FEATURES THEREON WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE, (ii) THAT ANY INFORMATION OBTAINED THEREIN IS ACCURATE, RELIABLE OR COMPLETE, (iii) THAT DEFECTS WILL BE CORRECTED, (iv) THAT THE PRODUCT SHALL BE AVAILABLE WITHOUT DELAY, FAILURE, INTERRUPTION OR CORRUPTION DUE TO LOCAL EXCHANGES, INTER-EXCHANGES, CARRIER LINES, ROUTES, SWITCHES AND OTHER EQUIPMENT OWNED BY THIRD-PARTIES or (v) THAT ANY SOFTWARE, SERVICES, PRODUCT OR SERVER(S) ON WHICH THE SERVICE ARE HOSTED ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. LICENSEE’S USE OF THE SERVICE AND ANY INFORMATION OR MATERIALS PROVIDED ON OR THROUGH THE SERVICE IS ENTIRELY AT LICENSEE’S OWN RISK. PDR MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE SATISFACTION OF GOVERNMENT REGULATIONS REQUIRING DISCLOSURE OF INFORMATION ON PRESCRIPTION DRUG PRODUCTS WITH REGARD TO THE CONTENT CONTAINED ON THE SERVICE.
- LICENSEE EXPRESSLY AGREES AS A CONDITION OF USING THE SERVICE THAT NEITHER PDR, ITS PARTNERS, INCLUDING REED TECHNOLOGY AND INFORMATIONS SERVICES, INC. (“RTIS”) NOR THEIR PARENT, RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, CONTRACTORS, AGENTS OR SPONSORS ARE RESPONSIBLE OR LIABLE TO LICENSEE OR ANYONE ELSE FOR ANY LOSS OR INJURY OR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY ARISING OUT OF OR RELATING IN ANY WAY TO (i) THE USE OF OR INABILITY TO USE THE SERVICE; (ii) ANY CONTENT CONTAINED ON THE SERVICE; (iii) STATEMENTS OR CONDUCT POSTED OR MADE PUBLICLY AVAILABLE ON THE SERVICE; (iv) ANY PRODUCT OR SERVICE PURCHASED OR OBTAINED THROUGH THE SERVICE; (v) ANY ACTION TAKEN IN RESPONSE TO OR AS A RESULT OF ANY INFORMATION AVAILABLE ON THE SERVICE; (vi) ANY DAMAGE CAUSED BY LOSS OF ACCESS TO, DELETION OF, FAILURE TO STORE, FAILURE TO BACK UP, OR ALTERATION OF ANY CONTENT ON THE SERVICE, or (vii) ANY OTHER MATTER RELATING TO THE SERVICE.
- IN NO EVENT SHALL PDR'S OR ITS PARTNERS, INCLUDING RTIS NOR THEIR RESPECTIVE PARENT, DIRECTORS, OFFICERS, EMPLOYEES, CONTRACTORS, AGENTS OR SPONSORS TOTAL LIABILITY TO LICENSEE FOR ANY AND ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT [INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE], STATUTORY, OR OTHERWISE) EXCEED THE TOTAL OF ALL PAYMENTS MADE BY LICENSEE TO PDR FOR THE SERVICE UNDER THIS License DURING THE THREE (3) MONTHS IMMEDIATELY PRECEDING THE DATE ON WHICH THE CLAIM AROSE.
- PDR makes no representation or warranty that the content and materials on the Service are appropriate or available for use in locations outside the United States. Those who choose to access the Service from other locations do so on their own initiative and at their own risk, and are responsible for compliance with local laws, if and to the extent applicable. PDR reserves the right, at any time in our sole discretion, to limit the availability and accessibility of the Service to any person, geographic area, or jurisdiction it so desire.
- Regardless of the form of action, no action arising from this License may be brought by Licensee (including its Authorized Personnel) more than three (3) months after the cause of action arises.
- Licensee, at its own expense, agrees to indemnify, defend and hold harmless PDR and its directors, officers, employees and agents against any and all claims, actions, demands, liabilities, losses, damages, judgments, settlements, costs and expenses (including reasonable attorneys’ fees) (collectively, “Losses”) insofar as such Losses (or actions in respect thereof) arise out of, are related to, or are in any way connected with any use of the Service, unless such claims or damages result from the infringement of any copyright or other proprietary right of any third party (except if due to a combination with, or the addition of, products not developed or supplied by PDR, and/or (b) a modification of the Service after delivery by PDR, if applicable). PDR agrees to give Licensee the opportunity to defend or negotiate a settlement of any claim, and to cooperate, to the extent reasonable with Licensee, at Licensee's sole expense, in defending or settling such claim. Licensee shall not have the right, without PDR’s prior written consent, to settle any claim if such settlement (i) contains a stipulation to or admission or acknowledgement of, any liability or wrongdoing (whether in contract, tort or otherwise) or the incurrence of any costs or expenses, on the part of PDR, (ii) imposes any obligation upon PDR; or (iii) would otherwise have a material adverse effect on PDR’s business. PDR reserves the right, at its own expense, to participate in the defense of any matter otherwise subject to indemnification by Licensee.
- This License, including all Notices applicable to Licensee, constitutes the entire understanding between the parties with respect to the subject matter hereof and shall not be modified, amended or changed except by a writing signed by both parties. Notwithstanding the foregoing, PDR reserves the right to modify the terms, effective thirty (30) days after notice to Licensee or by posting notice of the changes on the front page of the Service. For your information, the date of the last update to these Terms of Service is stated at the top of this document. Accessing the Service after the effective date of a modification will be deemed to signify Licensee's acceptance of such modification. Any terms or conditions appearing on the face or reverse side of any of Licensee’s purchase orders, acknowledgments or confirmations that are different from or in addition to those required hereunder shall not be binding on the parties, even if signed and returned, unless both parties hereto expressly agree in a separate writing to be bound by such separate or additional terms and conditions.
- This License shall be binding upon Licensee, its employees, officers and agents. The rights and obligations of Licensee hereunder may not be transferred, sublicensed or assigned to any other person, entity or individual without the express written approval of PDR, which approval shall not be unreasonably withheld, it being agreed, however, that it shall be reasonable for PDR to not grant approval for a transfer which involves a change in the number of Authorized Users or Authorized Facilities who have access to the Service. PDR may grant, assign, or otherwise convey or transfer this License or any rights inuring to PDR or any obligation or duties owed by PDR under this License to a subsidiary or affiliated company, or to a third party successor to all or substantially all of the business, stock or assets of PDR, in each case, without the prior consent of Licensee.
- This License shall be construed and the rights and liabilities of the parties determined in accordance with the laws of the State of New York, without giving effect to any body of law or precedent relating to conflicts of laws.
- Licensee acknowledges that a violation of any term of this License could result in irreparable injury to PDR and its business, and PDR may be entitled to equitable remedies, including an injunction for threatened or continuing breach of this License, in addition to any other remedy that PDR may have at law or in equity.
- PDR may deliver notice to Licensee under this License or any other published policy on the Service by email, a general notice published on the Service or by first class U. S. Mail to the street address provided by Licensee at the time Licensee become a member. Licensee may give notice to us via email, by certified U.S. Mail postage prepaid or by nationally recognized overnight courier to the following address: PDR Network, LLC 5 Paragon Drive, Montvale, NJ 07645; Attn: General Counsel.
- The U.S. export control laws regulate the export and re-export of technology originating in the United States. This includes the electronic transmission of information and software to foreign countries and to certain foreign nationals. Licensee agrees to abide by these laws and their regulations, including but not limited to the Export Administration Act and the Arms Export Control Act, and not to transfer, by electronic transmission or otherwise, any materials or information derived from the Service to either a foreign national or a foreign destination in violation of such laws.
- PDR cooperates with law enforcement inquiries as a matter of policy. PDR will use IP addresses and other available information to attempt to identify a user when PDR is legally compelled to do so or when PDR believes it to be necessary to protect PDR’s services, sites, customers, or others.
- Notwithstanding the expiration or termination of this License for any reason whatsoever, the provisions of Sections 3A, B, D and 6D, E, F, G, and H shall survive and bind the parties indefinitely.
- In the event a court finds any provision of this License to be invalid, void or unenforceable, the remainder of this License shall remain valid and enforceable according to its terms.
- Should Licensee or PDR fail to exercise or enforce any provision of this License or to waive any rights in respect thereto, such waiver or failure shall not be construed as constituting a continuing waiver or waiver of any other right.
- Nothing herein shall be construed to create a partnership, joint venture or agency relationship between the parties. Each party shall be solely responsible for their payment of all compensation owed to its employees, as well as employment related taxes and benefits.
- For purposes of this License, any term in the singular shall have the same meaning in the plural.
- The captions to the Sections hereof are not a part of this License, but are included merely for convenience of reference only and shall not affect its meaning or interpretation.
- This License may be executed in hard copy and electronic form and shall be considered a whole agreement. Electronic or facsimile copies of an executed License are considered equivalent to original documents.
9. NOTICES OF ALLEGED INFRINGEMENT OF COPYRIGHT
PDR respects copyright law and expects Licensee to do the same. Unauthorized copying, distribution, modification, public display, or public performance of copyrighted works is an infringement of the copyright holder's rights. PDR will terminate the accounts of Licensees who are repeat infringers of the copyrights, or other intellectual property rights, of others. In accordance with the Digital Millennium Copyright Act of 1998, PDR will respond expeditiously to claims of copyright infringement committed using the Service that are reported to PDR’s legal counsel (see contact information below). If the user of this website/service is a copyright owner, or authorized to act on behalf of an owner of the copyright or of any exclusive right under the copyright, please report notice of infringement by completing the following notice form and delivering it to PDR’s legal counsel:
NOTICE OF ALLEGED INFRINGEMENT OF COPYRIGHT
Identity of the copyrighted work that you claim has been infringed, or, if multiple copyrighted works are covered by this Notice, a representative list of the copyrighted works that you claim have been infringed using the PDR Network Web site or services:
- Identification of the material that you claim is infringing.
- Your street or mailing address, telephone number, and, if available, e-mail address.
- I hereby state that I have a good faith belief that the disputed use of the copyrighted material is not authorized by the copyright owner, its agent, or the law, i.e., fair use.
- I hereby state that the above information in this Notice is accurate, and under penalty of perjury, that I am the copyright owner, or authorized to act on behalf of the owner of the copyright or of any exclusive right under the copyright.
- Electronic or physical signature of the copyright owner or of a person authorized to act on behalf of the owner of the copyright or of any exclusive right under the copyright.
Full legal name: _______________________________
All claims of copyright infringement should be delivered to:
PDR Network, LLC
5 Paragon Drive
Montvale , NJ 07645
10. U.S. Government Customers.
The Service are provided to the Federal government and its agencies ("Government") for use, duplication or disclosure by the Government in accordance with the terms of any applicable contractor/offeror license and the provisions of FAR 12.212 and/or DFARS 227.7202-4, as applicable.
CONTRACTOR/OFFEROR is PDR Network, LLC, 5 Paragon Drive, Montvale, New Jersey 07645, USA.
©2011 PDR Network, LLC. All Rights Reserved. PDR® and Physicians’ Desk Reference® are registered Trademarks of PDR Network, LLC. “PDR3D™” is a trademark of PDR Network, LLC.