End User License Agreement
| || NOTICE TO USER: PLEASE READ THIS CONTRACT CAREFULLY. BY USING ALL OR ANY PORTION OF THE DOODY’S REVIEW SERVICE (fomerly Doody's Electronic Journal) INFORMATION OR FUNCTIONALITY ("DRS INFORMATION") YOU ACCEPT ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT, INCLUDING, IN PARTICULAR THE LIMITATIONS ON: USE CONTAINED IN SECTION 4; DISCLAIMER OR WARRANTY IN SECTION 6; AND LIMITATION OF LIABILITY IN SECTION 5. YOU AGREE THAT THIS AGREEMENT IS ENFORCEABLE LIKE ANY WRITTEN NEGOTIATED AGREEMENT SIGNED BY YOU. IF YOU DO NOT AGREE, DO NOT USE THE DRS INFORMATION. |
Doody Enterprises owns all intellectual property in the DRS Information. Doody Enterprises permits you to use the DRS Information only in accordance with the terms of this Agreement.
1.1 "DRS Information" means (a) all of the contents of the files, text, images, data, and contents of the DRS web site; and (ii) related explanatory written materials or files ("Documentation"); (b) upgrades, modified versions, updates, additions, and copies of the DRS Information, if any, licensed to you by Doody Enterprises (collectively, "Updates").
1.2 "Use" or "Using" means to access, copy or otherwise benefit from using the functionality of the DRS Information by means of the DRS Website or e-mail component called the Weekly Literature Update.
1.3 "Computer" means an electronic device that accepts information in digital or similar form and manipulates it for a specific result based on a sequence of instructions.
1.4 “Licensee Organization Location” refers to all individuals registered as basic users, the account manager, billing contact, or administrative contact of a subscribing institution.
1.5 “DRS Website” means the website accessible at www.doody.com/DRS.
1.6 "Doody Enterprises" means Doody Enterprises, Inc., an Illinois corporation, located at 1100 Lake Street Suite LL25 Oak Park, IL 60301.
1.7 “Date of Purchase” is the start date of a new subscription and corresponds to the date that Doody Enterprises accounting system recognizes that a subscription payment is received. For renewals, the purchase date is the date Doody Enterprises accounting system recognizes that a renewal payment is received.
1.8 “Expiration Date” is 365 days after the date of purchase of a new subscription. For renewal subscriptions with a date of purchase that precedes the previous subscription’s expiration date, the expiration date of the renewal subscription is 365 days after the previous subscription’s expiration date.
2. DRS Information License.
2.1 As long as you comply with the terms of this DRS Information End User License Agreement (this "Agreement"), Doody Enterprises grants to you a non-exclusive license to use the DRS Information for the internal use of one Licensee Organization Location.
2.2 Paid Subscriber Version. This License provides access only to the DRS Information from the Date of Purchase until the Expiration Date of the subscription.
2.3 Trial Subscriber Version. For subscribers taking advantage of the free 30-day trial offer, this License provides access only to the DRS Information from the date the user initiated the trial until the expiration date of the trial, unless the trial subscriber purchases a subscription to the DRS Information in the course of the trial.
2.4 Access to DRS Information – Access is provided via the DRS Website and through the Weekly Literature Update sent by e-mail. A unique username and password combination for logging on at the web site will be provided for each registered user from a subscribing institution.
3. Intellectual Property Ownership, Copyright Protection.
3.1 The DRS Information is the intellectual property of and is owned by Doody Enterprises. The works of authorship contained in this Web Site, including but not limited to all design, text and images, are owned, except as otherwise expressly stated, by Doody Enterprises or its licensors. The entire contents of this Web Site are protected by United States’ and worldwide copyright laws and treaty provisions. Information and all rights not expressly granted are reserved by Doody Enterprises.
4. Usage Restrictions.
4.1 DRS Information is for internal use of a single Licensee Organization Location or an individual in the midst of a valid free 30-day trial.
4.2 DRS Information may not be distributed electronically or in-print to non-employees, employees at other physical locations who are not also licensees of DRS, nor anyone outside the scope of the license as outlined in section 2.
4.3 Information may be loaded into internal systems provided the DRS information in those systems is only available to current registered users of DRS Information located at subscribing institution.
4.4 DRS may be printed for internal use at the Licensee Organization’s Location(s). The print version may not be distributed to individuals not covered by the license.
4.5 Licensees may not redeliver any of the pages, text, images, data or other content of this Web Site using "framing" technology without Doody Enterprises' express written permission.
5. Limitation of Liability
5.1 You expressly understand and agree that Doody Enterprises will not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including, without limitation, damages for loss of profits, goodwill, use, data or other intangible losses (even if Doody Enterprises has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the Web Site; (ii) unauthorized access to or alteration of your transmissions or data; or (iii) any other matter relating to the Web Site.
6. NO WARRANTY.
6.1 The factual information contained in this Web Site is obtained from sources believed to be reliable and accurate. Doody Enterprises makes no guarantee or warranty, express or implied, as to the reliability, accuracy, timeliness or completeness of that information and is not responsible for any errors or omissions therein, whether caused by the source of the information or Doody Enterprises. The DRS Information is being delivered to you on an "AS IS" basis. DOODY ENTERPRISES DOES NOT AND CANNOT WARRANT THE PERFORMANCE OR RESULTS YOU MAY OBTAIN BY USING THE DRS INFORMATION OR BY PURCHASING ANY OF THE TITLES CONTAINED WITHIN THE DRS INFORMATION. EXCEPT FOR ANY WARRANTY, CONDITION, REPRESENTATION OR TERM TO THE EXTENT TO WHICH THE SAME CANNOT OR MAY NOT BE EXCLUDED OR LIMITED BY LAW APPLICABLE TO YOU IN YOUR JURISDICTION, DOODY ENTERPRISES MAKES NO WARRANTIES, CONDITIONS, REPRESENTATIONS, OR TERMS (EXPRESS OR IMPLIED WHETHER BY STATUTE, COMMON LAW, CUSTOM, USAGE OR OTHERWISE) AS TO ANY MATTER INCLUDING WITHOUT LIMITATION NONINFRINGEMENT OF THIRD PARTY RIGHTS, MERCHANTABILITY, INTEGRATION, SATISFACTORY QUALITY, OR FITNESS FOR ANY PARTICULAR PURPOSE. The provisions of Section 5 and Section 6 shall survive the termination of this Agreement, howsoever caused, but this shall not imply or create any continued right to Use the DRS Information after termination of this Agreement.
6.2 Doody Enterprises makes no representation that content provided is applicable or appropriate for use in all locations.
7.1 We recognize that you have an interest in how we collect, retain and use information about you, your colleagues, and your institution. The information collected through the forms you complete as part of the license purchasing process is considered to be private and confidential, and we hold ourselves to the highest standards of trust and fiduciary duty in their safekeeping and use. Doody Enterprises will not release information collected about you, your colleagues, and your institution unless we receive your prior consent or we are required by law to release information to the recipient.
8. Availability of Information
8.1 Doody Enterprises will use reasonable commercial efforts to keep the DRS Web Site available for access on a 24 hour a day, 7 day a week basis, subject to scheduled downtime for maintenance purposes, unscheduled maintenance and systems outages. There are no assurances, however, that access will be available at all times and uninterrupted. Further, Doody Enterprises does not warrant that the operation of this Web Site will be error-free, that defects will be corrected, or that this Web Site or the servers that make it available are free from viruses or other harmful components.
9. Amendments and Modifications
9.1 Doody Enterprises reserves the right to amend the information, services, and/or content of the DRS Web Site at any time without prior notice. The information and materials contained in the DRS Web Site is subject to change without notice.
10. Revocation of License
10.1 A license may be revoked if a licensee is found to be in violation of the End User License Agreement without prior notice.
10.2 Licensees will not receive a refund if they violate the End User License Agreement and their license is revoked.
11. Governing Law.
11.1 This Agreement is governed by the laws of the United States of America and by the laws of the State of Illinois without regard to Illinois' conflict of law rules. Application of the conflict of law rules of any jurisdiction or the United Nations Convention on Contracts for the International Sale of Goods is hereby expressly excluded.
12.1 If any part of this Agreement is found void and unenforceable, it will not affect the validity of the balance of this Agreement, which shall remain valid and enforceable according to its terms.
12.2 This is the entire agreement between Doody Enterprises and you relating to the DRS Information and it supersedes any prior representations, discussions, undertakings, communications or advertising relating to the DRS Information.