Atlantic Pharmaceutical Services Inc hereby grants Customer a non-exclusive, non-transferable license to use the APSI database service, including APSI functionality (the “Service”) in accordance with the terms and conditions set forth herein. Customer may use the Service for bibliographic research purposes in the internal operation of its organization only or, if Customer is an individual, for his/her personal use only. This license is a site license, which allows for access by a single entity in a single geographic location (school, business, individual or public agency). The Service may be networked throughout the entity’s geographic location and may also be made available remotely through secure access procedures that Customer establishes. Customer must bear in mind that the Service allows downloading, sharing and storing of information from bibliographic databases and other sources that may be copyright protected. Customer should check with the appropriate database provider(s) to ensure compliance with any restrictions such provider(s) may impose. If Customer is an academic institution, then this license extends to its Authorized Users, the faculty, staff, students and alumni of the academic institution. Authorized Users of non-academic institutions are specified on the Customer’s Registration Form. Customer must inform its Authorized Users that it is the responsibility of the Authorized User to check with the appropriate database provider(s) to ensure compliance with any restrictions such provider(s) may impose upon downloading, sharing and storing of information. APSI does not allow for viewing of shared data by users outside of the Customer’s organization. Usage in excess of these limits requires advance written permission and may require the payment of additional fees.
Except for a limited trial period (if any), Customer must pay the appropriate subscription fees for a license to use the Service and any modules, plus all applicable sales, use or similar taxes.
3. Proprietary Rights in the Databases.
Customer acknowledges that the Service is proprietary to Atlantic Pharmaceutical Services Inc. and that the Service shall remain the exclusive property of Atlantic Pharmaceutical Services Inc. and that Customer has no rights therein other than as set forth herein. Atlantic Pharmaceutical Services Inc. has copyrighted the Service and all rights are reserved. Customer shall not duplicate, distribute, sell, commercially exploit, create derivative works from, reverse compile or otherwise make available the Service to any third party.
4. No Warranties.
ATLANTIC PHARMACEUTICAL SERVICES INC. IS PROVIDING THE SERVICE IN AN “AS IS” CONDITION. ATLANTIC PHARMACEUTICAL SERVICES INC. DOES NOT WARRANT, GUARANTEE, OR MAKE ANY REPRESENTATION REGARDING THE RELIABILITY OR PERFORMANCE OF THE SERVICE OR THE USE OR RESULTS TO BE OBTAINED FROM USING THE SERVICE. ATLANTIC PHARMACEUTICAL SERVICES INC. DOES NOT MAKE ANY REPRESENTATION OR WARRANTY WHATSOEVER, EXPRESS OR IMPLIED, WITH RESPECT TO THE SERVICE, AND, IN PARTICULAR, ATLANTIC PHARMACEUTICAL SERVICES INC. DISCLAIMS ALL IMPLIED WARRANTIES INCLUDING WITHOUT LIMITATION ANY WARRANTIES OF MERCHANTABILITY, NONINTERFERENCE, NONINFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE WITH REGARD TO THE SERVICE.
5. Limitation of Liability.
ATLANTIC PHARMACEUTICAL SERVICES INC. SHALL NOT BE LIABLE FOR ANY LOSS OR DAMAGE, INCLUDING LOST PROFITS, LOSS OF USE, OR INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES, CAUSED TO ANY PERSON AS A RESULT OF THE USE OF THE SERVICE REGARDLESS OF WHETHER THE POSSIBILITY OF SUCH DAMAGES WAS FORSEEABLE. WITHOUT LIMITING THE FOREGOING, ATLANTIC PHARMACEUTICAL SERVICES INC.’ LIABILITY, IF ANY, SHALL BE LIMITED TO THE PRICE PAID BY CUSTOMER FOR THE SERVICE.
The Service is licensed and not sold. Continued access to the Service depends on the renewal of the Service license by Customer. Atlantic Pharmaceutical Services Inc. will not be liable for loss of data due to non-renewal of the Service license or otherwise.
6. System Requirements.
Customer acknowledges that there are certain system requirements that are necessary in order to use the Service, and Customer is financially and technically responsible for ensuring that these requirements are met. These system requirements are (a) full access to the Internet (TCPIP) and (b) a web browser, either Internet Explorer (version 9.0 or higher), Firefox (version 30.0 or higher), Google Chrome (version 40.0 or higher) or a similarly capable we browser.
7. Data Security and Privacy.
All data saved using the Service resides on Atlantic Pharmaceutical Services Inc. servers which are hosted at an off-site location that is monitored 24 hours a day 7 days a week. Data backups are performed on a regular basis and stored in a separate location.
Atlantic Pharmaceutical Services Inc. uses reasonable commercial efforts to protect the privacy of the data saved by users of the Service. Access to the data requires the use of a login name and password which Atlantic Pharmaceutical Services Inc. monitors. Subscriptions are set up in such a way that, when possible, each user is also authenticated by IP address. The server does not have an ftp site or any email programs loaded so there are limited ways to access the server.
There will be occasions when users of the Service volunteer information about themselves. User-specific information volunteered in these instances is archived and may only be used by Atlantic Pharmaceutical Services Inc. to contact users about programs, services, products and feature releases. Atlantic Pharmaceutical Services Inc. does not sell, rent or lease its user information to third parties. If users do not want Atlantic Pharmaceutical Services Inc. to contact them, they may choose to “opt out,” and Atlantic Pharmaceutical Services Inc. will respect that decision.
8. Force Majeure.
Atlantic Pharmaceutical Services Inc. shall not be responsible for any failure to perform, or delay in performance, in whole or in part, due to circumstances beyond Atlantic Pharmaceutical Services Inc.’s control.
9. Term and Termination.
Atlantic Pharmaceutical Services Inc. may cancel this license if Customer violates any of the terms and conditions set forth herein. The terms and conditions of paragraphs 3, 4, 5, and 8 shall survive termination of this license.
10. Governing Law.
Any questions concerning the validity, construction, or performance of this license shall be governed by the laws of the Province of Nova Scotia excluding its conflicts of laws principles.