Clinician's Compendium License Agreement

Notice to Customer: Carefully read the following terms and conditions before you use this software. Using this software acknowledges your acceptance of these terms and conditions. If you do not agree to the terms of this Agreement, do not install, activate, or use this software.

  • License: The American Society for Parenteral and Enteral Nutrition (“Licensor”), owner of the enclosed software, hereby grants the Customer ("Customer") a nonexclusive, nontransferable license to use this software and data on this disk solely in accordance with the terms of this Agreement. Title to the software is not transferred to the Customer. The Licensed Software may only be used in accordance to its intended usage. The Licensed Software is provided to be used for an unlimited period of time.
    1. Licensor grants to Customer a nonexclusive and nontransferable license for one individual user to use the software ("Software").  The license for the Software may not be shared, installed or used concurrently on different computers. The Single User License does allow the program to be displayed to a group for academic purposes.
    2. Multiple-Users License Grant: Licensor grants to Customer a nonexclusive and nontransferable license for individual users (up to and including the number of licenses purchased) to use the Software.
    3. Institutional License Grant: Licensor grants to Customer a nonexclusive and nontransferable license for an unlimited number of authenticated, authorized current full and part time students, employees, and other individuals who have permission to use program within an Institutional Customer's geographically constrained site (“Authorized Users”). A "site" is an organizational unit, and may be academic or nonacademic.  For organizations located in more than one city, each city office is considered a different site.  For organizations within the same city that are administered independently, each office is considered a different site. 
  • Compliance with Licenses: Customer agrees that upon request from Licensor or Licensor’s authorized representative, Customer will within thirty (30) days fully document and certify that use of the Software prior to and at the time of the request is in conformity with valid licenses from Licensor.  In the event such audit discloses that the Permitted Number of Computers is exceeded, Customer shall promptly pay to Licensor the appropriate licensee fee for the additional computers or users. At Licensor’s option, Licensor may terminate this license for failure to pay the required license fee.
  • Copying and Distribution: No part of this online program may be reproduced without prior written permission from Licensor. Customer may not distribute copies of material printed from the software beyond users entitled to such material by virtue of the license agreement. Customer may not distribute any files contained in this software. Customer may not rent or lease the Licensed Software.
  • Limited Warranty: For 30 days after purchase, Licensor warrants that the media upon which the software resides will be free of defects that prevent loading the software on your computer. Licensor’s sole obligation under this warranty is to replace any defective media, provided that Customer has given Licensor notice of the defect within such 30-day period. The Software is licensed to Customer on an “as is” basis. Licensor disclaims all other warranties, express or implied, including any implied warranties of merchantability and fitness for a particular purpose.
  • Limitation of Liability: The Licensor disclaims responsibility for any consequences attributable to or related to any uses, nonuse, or interpretation contained or not contained in the Software. The Licensor shall not be deemed to be engaged in the practice of medicine or dispensing medical advice or services. In no event will Licensor be liable for any lost profits or other damages, including direct, indirect, incidental, special, consequential or any other type of damages, arising out of this Agreement or the use of the Software licensed hereunder, even if Licensor has been advised of the possibility of such damages. Some jurisdictions do not allow the exclusion or limitation of incidental, consequential or special damages, or the exclusion of implied warranties or limitation on how long an implied warranty may last so the above limitations may not apply to you.
  • U.S. Government Licensing Rights: If the Software is licensed under a US Government contract, the Customer acknowledges that the Software and related documentation are commercial items and the use, duplication or disclosure of the Content or Software by the US Government is subject to the restricted rights applicable to commercial computer software as defined in 48 CFR 12.212, 227.7202-1 and 252.227.7014(a) (1).
  • General Provisions: The listings and contents of this online program are proprietary and cannot be reproduced in any format without permission of the Licensor. The laws of the United States of America and the State of Maryland shall govern interpretation and enforceability of the Agreement. This agreement, and Customer’s right to use the Software, will terminate upon breach of this Agreement. If any provision of this Agreement is held to be unenforceable, then such unenforceable provision shall be deemed stricken from this Agreement and the remaining provisions shall be enforced in accordance with their terms. In the absence of a written agreement signed by Customer and Licensor, this Agreement is the complete agreement between Customer and Licensor with respect to the Software.

Disclaimer
This program is an educational resource and as such does not define a standard of care; nor is it intended to dictate an exclusive course of treatment to be followed; nor is it a substitute for the exercise of a health care provider’s professional judgment. It presents methods of clinical practice that are acceptable and used by recognized authorities for consideration by practitioners to incorporate into their practice. Variations of practice, taking into account the needs of the individual patient, resources, and limitations unique to the institution or type of practice, may be appropriate.

Copyright © 2014 by the American Society for Parenteral and Enteral Nutrition. All rights reserved.