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This End User License Agreement (“License Agreement”) is an agreement between you and National Comprehensive Cancer Network, Inc. (“NCCN”) for access to and use of content and programs that are provided to you on this NCCN website (“Site”) including without limitation the NCCN Clinical Practice Guidelines in Oncology (“NCCN Guidelines”), NCCN Guidelines for Patients, the NCCN Drugs & Biologics Compendium, NCCN Biomarkers Compendium, and NCCN Radiation Therapy Compendium (“NCCN Compendiums”), NCCN Imaging AUC, the NCCN Chemotherapy Order Templates (“NCCN Templates”), NCCN Guidelines with NCCN Evidence Blocks (“NCCN Evidence Blocks”), NCCN Framework for Resource Stratification of NCCN Guidelines (“NCCN Framework”), NCCN Harmonized Guidelines, NCCN Flash Updates, NCCN Trends Surveys and Data (“NCCN Trends”), the NCCN Informed Consent Language Database (“NCCN ICL Database”), the NCCN Points to Consider on the Best Practices for Biorepositories, Registries, and Databases, and NCCN Shared Resources, (The NCCN Guidelines, NCCN Guidelines for Patients, NCCN Compendiums, NCCN Templates, NCCN Flash Updates, NCCN Trends, NCCN Guidelines with NCCN Evidence Blocks, NCCN Framework, NCCN Harmonized Guidelines, and other content and programs provided on the Site shall be referred to collectively as the “NCCN Content”).
BY CLICKING ON THE “ACCEPT” BUTTON BELOW, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS LICENSE AGREEMENT. IF YOU DO NOT AGREE WITH THE TERMS OF THIS LICENSE AGREEMENT, YOU MAY NOT VIEW, ACCESS, OR USE THE NCCN CONTENT IN ANY MANNER
1. Grant of Limited License.
Subject to the terms and conditions of this License Agreement, NCCN hereby grants to you a non-transferable, non-exclusive, limited, personal license to access and view the NCCN Content provided on the Site.
2. Intellectual Property Rights.
A) Ownership
You acknowledge that NCCN and licensors that provide content and programs for the NCCN Content (“NCCN Licensors”) are the owners of all right, title and interest in and to the NCCN Content including, without limitation, all modifications, updates and other derivative works thereof and all copyright and other intellectual property rights related thereto. Except for the limited rights expressly set forth in this License Agreement, you hereby agree that you shall not at any time dispute, challenge, or contest, directly or indirectly, NCCN’s or the NCCN Licensors’ right, title and interest in and to the NCCN Content, or assist or aid others to do so.
3. Restrictions on Use.
A) General
You may view the NCCN Content contained on the Site solely for your own personal purposes. You may not copy, transfer, reproduce, modify or create derivative works of any part of the NCCN Content for any reason and may not use the NCCN Content for any commercial purpose.
B) Not Medical Advice
The NCCN Content is provided for education and informational purposes only. The NCCN Content does not constitute medical advice and should not be used in place of seeking professional medical advice, diagnosis or treatment by licensed practitioners.
C) Clinical Use
Clinicians may use the NCCN Content to support diagnosis and treatment of their cancer patients. At all times and for all purposes, the NCCN Content may only be used in the context of clinicians exercising independent medical or professional judgment within the scope of their professional license. No one, including clinicians, may use the NCCN Content for any commercial purpose and may not claim, represent, or imply that any NCCN Content that has been modified in any manner is derived from, based on, related to or arises out of the NCCN Content.
D) NCCN ICL Database
Researchers and clinicians may use the NCCN ICL Database to support writing and amending informed consents for their study participants. NCCN and NCCN Licensors make no representations or warranties regarding the content of the NCCN ICL Database and explicitly disclaim the appropriateness or applicability of the NCCN ICL Database to any specific patient’s care or treatment or to obtaining patients’ written, informed consent. Any researcher or clinician seeking to obtain a patient’s written, informed consent is expected to use independent medical judgment in the context of individual clinical circumstances of a specific patient’s care or treatment and to seek legal and/or other professional advice.
E) Notices
You shall not remove any copyright, trademark or other notices or legends contained on the NCCN Content and all copies of the NCCN Content must contain, at a minimum, the following notice: “© National Comprehensive Cancer Network 2018, All Rights Reserved. NATIONAL COMPREHENSIVE CANCER NETWORK®, NCCN®, NCCN GUIDELINES®, NCCN COMPENDIUM®, NCCN BIOMARKERS COMPENDIUM®, NCCN IMAGING AUCTM, NCCN RADIATION THERAPY COMPENDIUM™,NCCN TEMPLATES®, NCCN EVIDENCE BLOCKS™, NCCN FRAMEWORK™, NCCN HARMONIZED GUIDELINES™, NCCN FLASH UPDATES™, NCCN TRENDS™ Surveys & Data, Powered by NCCN™, and NCCN GUIDELINES FOR PATIENTS® are trademarks of National Comprehensive Cancer Network, Inc.”
F) Review of Use
Upon NCCN’s request, you shall provide NCCN with examples of each use you have made of the NCCN Content under this License Agreement. You agree to immediately cease any such use on receipt of notice from NCCN that such use is in violation of this License Agreement.
4. Restrictions; Disclaimers; Limitation of Damages.
A) General
The NCCN Guidelines are a statement of consensus of the authors regarding their views of currently accepted approaches to cancer treatment. The NCCN Guidelines for Patients are derived from the NCCN Guidelines. The recommendations regarding the uses and indications in the NCCN Compendiums have been derived from the NCCN Guidelines and represent neither an all-inclusive listing of every drug, biologic, radiation therapy, biomarker or biomarker test, nor every appropriate use and indication for drugs, biologics, radiation therapy, biomarkers or biomarker tests. NCCN Flash Updates, which are issued from time to time, provide information regarding updated and new NCCN Content and may not include every update and addition to NCCN Content.
The NCCN Templates are peer-reviewed statements of consensus of their authors derived from the NCCN Guidelines for the conditions the NCCN Templates address and are not exhaustive and do not represent the full spectrum of care or treatment options described in the NCCN Guidelines or the NCCN Compendiums. NCCN Templates may not be promptly updated and do not constitute orders.
The NCCN Guidelines with Evidence Blocks™ are derived from the NCCN Guidelines and are intended as a visual representation of five key measures that provide important information about specific recommendations contained within the NCCN Guidelines.
NCCN Imaging AUC™ are derived from the NCCN Guidelines and include information designed to support clinical decision-making around the use of imaging in patients with cancer.
The NCCN Framework™ are derived from the NCCN Guidelines and define appropriate treatment pathways at four resource levels—Basic, Limited, Enhanced, and NCCN Guidelines.
The NCCN Harmonized Guidelines™ for Sub-Saharan Africa are derived from the NCCN Guidelines and offer two tiers of treatment recommendations depending on access to resources.
NCCN Trends provide data and analytics based on e-mail surveys to clinicians who utilize the Site and provide expert commentary regarding cancer care. These publications, which are independent of the NCCN Guidelines, are not exhaustive and do not constitute clinical recommendations.
The NCCN ICL Database is a resource to assist researchers and clinicians with writing and amending informed consents for study participants. The NCCN ICL Database, which is independent of the NCCN Guidelines, is not exhaustive, may not be promptly updated and does not constitute medical, legal and/or other professional advice.
The NCCN Points to Consider on the Best Practices for Biorepositories, Registries and Databases is designed to serve as a tool and resource for research investigators who plan to design, implement, and manage a research study which intends to deposit, transfer, and/or access specimens or data in a biorepository, registry or database.
The NCCN Shared Resources Database enables NCCN Member Institutions to share their resources collectively as a means to make available to scientists and investigators resources that will improve the ability to conduct research and thereby facilitate scientific progress. Resources include complex technologies, instrumentation facilities, human tissue specimens, animal models and specialized databases.
NCCN continuing education programs provide information about NCCN Content and expert approaches to cancer care. Information provided through NCCN continuing education programs do not constitute medical or treatment advice.
B) Updates
The NCCN Content is updated at NCCN’s discretion to reflect updates and changes by the authors. NCCN will make reasonable efforts to post updated versions of the NCCN Content on the Site, provided that NCCN and NCCN Licensors have no obligation to advise you of any updates nor does NCCN and NCCN Licensors have any obligation to update the NCCN Content at any time for any reason.
C) No Representations or Warranties
The NCCN Content does not constitute medical advice and should not be used in place of seeking professional medical advice, diagnosis or treatment by licensed practitioners. NCCN makes no representations or warranties and explicitly disclaims the appropriateness or applicability of the NCCN Content to any specific patient’s care or treatment. Any clinician seeking to treat a patient using the NCCN Content is expected to use independent medical judgment in the context of individual clinical circumstances of a specific patient’s care or treatment.
D) WARRANTY DISCLAIMER
NCCN AND NCCN LICENSORS MAKE NO WARRANTIES CONCERNING THE NCCN CONTENT, WHICH ARE PROVIDED “AS IS.” NCCN AND NCCN LICENSORS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. NCCN AND NCCN LICENSORS DO NOT WARRANT THE ACCURACY, CURRENCY, APPROPRIATENESS, APPLICABILITY OR COMPLETENESS OF THE NCCN CONTENT, NOR OF ANY PARTICULAR GUIDELINE, TEMPLATE, OR CONTINUING EDUCATION PROGRAM, OR MAKE ANY REPRESENTATION REGARDING THE USE OR THE RESULTS OF THE USE OF THE NCCN CONTENT IN TREATMENT.
E) LIABILITY LIMITATION
IN NO EVENT SHALL NCCN, NCCN MEMBERS OR NCCN LICENSORS BE LIABLE FOR ANY DAMAGES OF ANY KIND INCLUDING DIRECT, INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE LICENSE GRANTED UNDER THIS AGREEMENT OR USE OF THE NCCN CONTENT INCLUDING, WITHOUT LIMITATION, LOSS OF LIFE, PHYSICAL INJURY, PROPERTY DAMAGE, LOSS OF DATA, LOSS OF INCOME OR PROFIT, OR ANY OTHER DAMAGES, LOSSES OR CLAIMS, EVEN IF NCCN, NCCN MEMBERS OR NCCN LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, LOSSES OR CLAIMS.
5. Trademarks.
You recognize that NATIONAL COMPREHENSIVE CANCER NETWORK®, NCCN®, NCCN GUIDELINES®, NCCN COMPENDIUM®, NCCN BIOMARKERS COMPENDIUM®, NCCN IMAGING AUC™, NCCN RADIATION THERAPY COMPENDIUM™, NCCN TEMPLATES®, NCCN EVIDENCE BLOCKS™, NCCN FRAMEWORK™, NCCN HARMONIZED GUIDELINES™, NCCN FLASH UPDATES™, NCCN TRENDS™ Surveys & Data, Powered by NCCN™, and NCCN GUIDELINES FOR PATIENTS® are trademarks (“Marks”) of NCCN. NCCN retains all goodwill and intellectual property rights in such Marks. You shall not use the Marks or any confusingly similar Marks for any commercial purpose, including, without limitation, for purposes of marketing or promoting your services, without the prior written approval of NCCN, which approval may be withheld in NCCN’s sole discretion. Each approved use of the Marks shall require the independent written approval of NCCN.
6. Registration.
To access the NCCN Content, you are required to register. You agree to provide NCCN with accurate, complete registration information and you must inform NCCN of any changes to that information before any subsequent access or use of the NCCN Content. Each registration is for a single person only. You agree not to permit (a) any other person to use the Site under your name; or (b) multiple users of a network access through your name. You are responsible for preventing such unauthorized use.
7. Modification of License Agreement.
NCCN reserves the right to change the terms of this License Agreement at any time. Updated versions of this Agreement will appear on this Site. Continued use of any updated version of the NCCN Content after any such changes constitutes your agreement to be bound by such changes.
8. Remedies for Violation.
NCCN reserves the right to seek all remedies available at law and in equity for violations of this License Agreement, including but not limited to the right to block access to the Site and the NCCN Content.
9. NCCN Licensor Terms
A) General
Certain portions of the NCCN Content are used by permission from the NCCN Licensors, which include without limitation the Dana-Farber Cancer Institute, University of Texas MD Anderson Cancer Center and other NCCN Members.
B) NCI
The NCCN Content includes the NCI THESAURUSTM database from the National Cancer Institute. Your use of the NCI THESAURUS database and NCI THESAURUS ontology is subject to the NCI THESAURUS Terms of Use, a copy of which is available at: http://evs.nci.nih.gov/ftp1/NCI_Thesaurus/ThesaurusTermsofUse.htm.
The current complete NCI THESAURUS database and Users’ Guide are available for download at ftp://ftp1.nci.nih.gov/pub/cacore/EVS.
THE NCI THESAURUS DATABASE IS PROVIDED “AS IS.” ANY EXPRESS OR IMPLIED WARRANTIES ARE DISCLAIMED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
NCI THESAURUSTM is a registered trademark of the National Cancer Institute.
C) SNOMED
The NCCN Content includes SNOMED Clinical Terms® (SNOMED CT®) which is used by permission of the International Health Terminology Standards Development Organization (IHTSDO). All rights reserved. “SNOMED”, “SNOMED CT” and “SNOMED Clinical Terms” are registered trademarks of the IHTSDO (www.ihtsdo.org).
Information about obtaining an Affiliate License to use the SNOWMED CT is available at http://www.ihtsdo.org/snomed-ct/get-snomed-ct. You may be eligible for a fee waiver, depending on your intended use. Individuals or organizations wishing to register as IHTSDO Affiliates can register at https://mlds.ihtsdotools.org/#/landing, subject to acceptance of the Affiliate License Agreement (available at http://www.ihtsdo.org/snomed-ct/get-snomed-ct).
If you do not hold an IHTSDO Affiliate License, (a) you are only permitted to access SNOMED CT using the NCCN Content if you are in an IHTSDO member country, listed at http://www.ihtsdo.org/about-ihtsdo/member-countries, and solely for the purpose of exploring and evaluating the terminology; and (b) you are not permitted to translate, modify, distribute or share the SNOMED CT content or the use it as part of a system that constitutes a SNOMED CT “Data Creation System” or “Data Analysis System”, as defined in the IHTSDO Affiliate License. This means that you must not use the NCCN Content to add or copy SNOMED CT identifiers into any type of record system, database or document.
NCCN may provide links to other sites and applications maintained by third parties and may from time to time provide third-party materials. NCCN does not operate or control in any respect any information, products or services on these sites or applications. The third-party applications, sites and materials are provided “as is” and without warranties of any kind either express or implied.
10. General.
You agree that this License Agreement contains the entire agreement between NCCN and you relating to its subject matter. If any provision of this Agreement is held to be invalid or unenforceable, the validity and enforceability of the remaining provisions shall not be affected thereby. This Agreement will be governed by and construed in accordance with the laws of the Commonwealth of Pennsylvania without giving any effect to the conflict of law provisions thereof, and each party agrees to submit to personal jurisdiction in the federal and state courts of Pennsylvania and waives any objection to venues in said courts. This Agreement will not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded. The Site may be accessed from any country except Crimea Region of Ukraine, Cuba, Iran, North Korea, Sudan and Syria. You agree that the NCCN Content will not be shipped, transferred or exported into any country or used in any manner prohibited by the United States Export Administration Act, or any other export laws, regulations or restrictions.
IF YOU OR YOUR ORGANIZATION WOULD LIKE TO USE, COPY, AND/OR DISTRIBUTE NCCN CONTENT FOR ANY PURPOSE, PLEASE VISIT THE NCCN PERMISSIONS REQUEST SITE AT http://www.nccn.org/about/permissions.
IF YOU OR YOUR ORGANIZATION IS INTERESTED IN LICENSING NCCN CONTENT AND/OR IF YOU HAVE ANY QUESTIONS REGARDING PERMISSION TO USE NCCN CONTENT, PLEASE CONTACT BETH GAFFNEY, VICE PRESIDENT, U.S. AND GLOBAL BUSINESS DEVELOPMENT, AT gaffney@nccn.org.
BY CLICKING ON THE “ACCEPT” BUTTON BELOW, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS LICENSE AGREEMENT.
