WEB AND MOBILE APPLICATION

END-USER LICENSE AGREEMENT (“EULA”)

(If you did not purchase this software directly, you are bound by your institution's license agreement This agreement is only for purchaser's of the software directly from ASHP' Online Store).

American Society of Health-System Pharmacists, Inc. (“ASHP”)

IMPORTANT! This web and mobile application and data are licensed only on the condition that you, as Licensee, agree to the terms and conditions set forth in the following agreement (the “Agreement” or the “EULA”). PRIOR TO PURCHASE READ THIS AGREEMENT CAREFULLY. YOU WILL BE BOUND BY THE TERMS OF THIS AGREEMENT IF YOU PURCHASE THIS WEB AND MOBILE APPLICATION. If you do not agree to the terms contained in this Agreement, then ASHP is unwilling to license the Software (as that term is defined below) to you, and you may not access or use the Software, and any use of the Software by you will be considered a violation of intellectual property laws and may subject you to civil and/or criminal penalties. In addition, by accessing and using the Software, you acknowledge and agree to the legal policies contained in this EULA.

• License Grant – ASHP grants to you a non-transferable, non-sublicensable, non-exclusive, personal, paid-up license to use the web or mobile application and data , “AHFS Clinical Drug Information” (the “Software”) and the accompanying documentation (the Software, the media embodying the Software, and the documentation are referred to as the "Licensed Materials"), in accordance with the terms and conditions set forth below:
  
• Individual User: You may only use your personal username on a single digital device at a time to access the Software in accordance with this Agreement. If you use your username to access the Software on multiple digital devices at the same time, you may be disconnected from the other devices. If you desire to have multiple devices connect to the Software at the same time, you must obtain a separate Institutional License from ASHP.
• Except as specifically provided above, you may not use, reproduce, modify, decompile, disassemble, transfer the Licensed Materials, in whole or in part, nor use the Licensed Materials in any unlawful manner, for any unlawful purposes, or in any manner inconsistent with this EULA.
  
• Termination – This Agreement is effective from the date on which you purchase the web or mobile application containing the Licensed Materials and continues until terminated under this Section. This Agreement may be terminated by you at any time by contacting ASHP and expressing your desire to do so. This Agreement will also terminate automatically and without notice if you materially breach any term or condition of this Agreement. Upon termination of this EULA, the username associated with your subscription will be deactivated.
  
• Ownership – Title to the Software is retained by ASHP.
  
• Protection and Security – You agree to use your best efforts and take all reasonable steps to safeguard the Licensed Materials to ensure that no unauthorized person obtains access thereto and that no unauthorized copying, publication, disclosure or distribution, in whole or in part, is made. You acknowledge that the Licensed Materials contain valuable, confidential information and trade secrets, and that their unauthorized use, reproduction or disclosure would cause irreparable harm to ASHP.
• Export Laws – By accessing the Software, you represent and warrant that: (a) you are not located in a country that is subject to U.S. government embargo or that has been designated by the U.S. government a “terrorist supporting” country; and (b) you are not listed on any U.S. government list of prohibited or restricted parties.
• Warranty Disclaimers Liability Limitations –
  
• ASHP MAKES NO WARRANTY, REPRESENTATION OR COVENANT WITH RESPECT TO THE LICENSED MATERIALS, AND LICENSES THEM ON AN “AS IS” BASIS. ASHP SPECIFICALLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
  
• YOU AGREE NOT TO USE THE SOFTWARE IN ANY SITUATION WHERE SIGNIFICANT DAMAGE OR INJURY TO PERSONS, PROPERTY OR BUSINESS COULD OCCUR FROM AN ERROR IN THE SOFTWARE.
  
• WHILE THE INFORMATION CONTAINED IN THE LICENSED MATERIAL IS OBTAINED FROM SOURCES BELIEVED TO BE RELIABLE, ASHP HAS MADE NO INDEPENDENT EXAMINATION, INVESTIGATION OR VERIFICATION OF THE INFORMATION PROVIDED BY THOSE SOURCES AND ASSUMES NO LIABILITY AND DISCLAIMS ANY RESPONSIBILITY FOR INCORRECT INFORMATION CONTAINED IN OR RESULTING FROM THE USE OF THE LICENSED MATERIALS. YOU ASSUME ALL RISK AS TO THE SELECTION, USE, PERFORMANCE AND QUALITY OF THE LICENSED MATERIALS.
  
• IN NO EVENT WILL ASHP OR ANY OTHER PARTY INVOLVED IN THE CREATION, PRODUCTION OR DELIVERY OF THE LICENSED MATERIALS BE LIABLE FOR SPECIAL, DIRECT, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING LOSS OF PROFITS OR INABILITY TO USE THE LICENSED MATERIALS, EVEN IF ASHP OR SUCH OTHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL ASHP’S OR SUCH OTHER PARTY'S LIABILITY FOR ANY DAMAGES FOR LOSS TO YOU OR ANY OTHER PARTY EXCEED THE FEE PAID FOR THIS LICENSE.
  
• Some states and/or countries do not allow limitations on how long an implied warranty lasts and some states and/or countries do not allow the exclusion or limitation of incidental or consequential damages. As a result, the above limitation and exclusion may not apply to you. This warranty gives you specific legal rights, and you also may have other rights which vary from state to state and/or country to country.
  
• Indemnification – You agree to defend, hold harmless and indemnify ASHP from and against any and all loss, liability, cost or expense, including, but not limited to, outside and allocated in-house attorneys’ fees, arising from or incurred by ASHP as a result of your material breach of this EULA or as a result of any third party claims arising in connection with your use or misuse of the Licensed Materials, to the extent such claims are related to your breach of this EULA
• General –
  
• If any provision of the Agreement is determined to be invalid or unenforceable, it shall be deemed omitted and the remaining provisions of this Agreement shall remain in full force and effect.
  
• This Agreement is governed by and construed in accordance with the laws of the State of Maryland and the United States of America. The parties agree that the United Nations Conventions on Contracts for the International Sale of Goods shall not apply to this Agreement. Any suit brought with respect to this Agreement may be brought ONLY in Montgomery County or the State of Maryland.
  
• This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof, and supersedes all prior agreements, representations, statements and undertakings.
  
• U.S. Government Restricted Rights – The Licensed Materials are provided with RESTRICTED RIGHTS. The use, duplication, or disclosure by the Federal Government is subject to restrictions as set forth in subdivision (c)(1)(ii) of The Rights in Technical Data and Computer Software clause at FAR 52.227-7013. The contractor/manufacturer of this Software is ASHP, Inc., 4500 East-West Highway, Suite 900, Bethesda, MD 20814.

All material distributed as part of this Software is copyrighted. Reproduction, storage in a retrieval system, or transmission of this material or any part thereof in any form or by any means not described above without the express written permission of the American Society of Health-System Pharmacists, Inc. is prohibited.