The software and data in this package are provided to you (the "User") on the condition that you agree with Medical Economics Company Inc. ("MECI") to the terms and conditions set forth in this End-User License Agreement. Read this End-User License Agreement carefully. You will be bound by the terms of this Agreement if you have installed the CD-ROM.
If you do not agree to the terms contained in this Agreement, return the entire product, along with any receipt, to Medical Economics Company, Inc., Physicians' Desk Reference, Five Paragon Drive, Montvale, NJ 07645, and your purchase price, if any, will be refunded.
1. License
MECI grants, and the User hereby accepts, a nonexclusive, nontransferable license to use the software, data, and documentation contained in the PDR(R) Electronic Library(TM) ("PDR on CD-ROM") on the terms and conditions set forth in this Agreement. The license granted hereunder authorizes the User to use PDR on CD-ROM on a single personal computer system for internal purposes only.
2. Term
This license shall remain in force for a period of two years from the release date.
3. Copyright and Restrictions
The PDR(R) Electronic Library(TM), PDR Drug Interactions, and all data, documentation, and software therein are Copyright (c) 2001 and published by Medical Economics Company Inc. at Montvale, NJ 07645. All rights reserved. None of the content of PDR on CD-ROM, or any updates thereof, may be reproduced, transcribed, stored in a retrieval system, translated into any language
or computer language, transmitted in any form or by any means (electronic, mechanical, photocopied, recorded, or otherwise), resold, or redistributed without the prior written consent of MECI, except that the User may make one copy of the retrieval program for backup purposes, and may reproduce limited excerpts of the data for internal use only, provided that each such copy contains a copyright notices as follows.
For excerpts of PDR, and PDR Drug Interactions data: Copyright (c) 2001 by Medical Economics Company Inc. at Montvale, NJ 07645. All rights reserved.
4. Protection and Security
The User shall take all reasonable steps to safeguard its copy of PDR on CD-ROM and shall limit use of, and access to, PDR on CD-ROM to such of its personnel as are directly involved in the use thereof by the User. The User shall ensure that no unauthorized person shall have access to PDR on CD-ROM and that no unauthorized copy of any part of it is made in any form.
5. Limited Warranty
MECI warrants that PDR on CD-ROM and updates thereto will conform with its specifications set forth and the documentation thereof and revisions thereto. THE FOREGOING WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES, EXPRESSED OR IMPLIED. MECI SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE WITH RESPECT TO SAID MATERIALS OR THE USE THEREOF. MECI SHALL NOT BE LIABLE
UNDER ANY CLAIM, DEMAND, OR ACTION ARISING OUT OF, OR RELATING TO, ITS PERFORMANCE OR LACK THEREOF UNDER THIS AGREEMENT FOR DIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS OR OTHER DAMAGES CAUSED BY THE INABILITY TO USE PDR ON CD-ROM, WHETHER OR NOT MECI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH CLAIM, DEMAND, OR ACTION. MECI MAKES NO WARRANTY THAT PDR ON CD-ROM
IS COMPATIBLE OR OPERABLE WITH THE USER'S COMPUTER EQUIPMENT OR SOFTWARE, THAT PDR ON CD-ROM WILL PERFORM WITHOUT INTERRUPTION OR FREE OF ERRORS, OR THAT THE INFORMATION CONTAINED THEREIN SATISFIES GOVERNMENT REGULATIONS REQUIRING DISCLOSURE OF INFORMATION ON PRESCRIPTION DRUG PRODUCTS.
If the disc is found to be defective in materials or workmanship (which shall not include problems relating to the nature or operation of the software and data) under normal use, MECI will replace the defective disc free of charge (or, at MECI's option, refund the purchase price, if any) within 30 days following the date of purchase. No salesperson or other representative of any party involved in the distribution of PDR on CD-ROM
is authorized to make any warranties with respect to the product beyond those contained in this Agreement.
6. General
If any provision of this Agreement is determined to be invalid under any statute or rule of law, the same shall be deemed omitted and the remaining provisions shall continue in full force and effect. This Agreement shall be deemed to be made in the State of New Jersey and shall in all respects be interpreted, construed, and governed by and in accordance with the laws of the State of New Jersey applicable to contracts executed and to
be wholly performed therein. This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior agreements, oral or written, and all other communications relating to the subject matter hereof. No amendment or modification of any provision of this Agreement will be effective unless set forth in a document that purports to amend this Agreement and that is accepted by
