King Guide Online Edition
License Agreement

Internet Edition License Agreement


READ THE FOLLOWING LICENSE AGREEMENT BEFORE USNG THE DATABASE. BY ACCESSING THE DATABASE, YOU INDICATE YOUR ACCEPTANCE OF THE TERMS OF THIS AGREEMENT. IF YOU DO NOT ACCEPT THE TERMS OF THIS AGREEMENT, PROMPTLY RETURN THE ENTIRE PACKAGE FOR A FULL REFUND.

DEFINITIONS:

Database means the King® Guide to Parenteral Admixtures® data, internet software and all updates to the data. The term also includes all copies of any part of the data.

Documents are the electronic documents accompanying the Database.

Product means Software and Documentation.

LICENSE GRANT

1. License. King Guide Publications, Inc. grants, and the User and any related Account Holder hereby accepts, a nonexclusive, nontransferable, revocable license to use the Software on the terms and conditions set forth in this EULA Agreement. If the Software is provided on software media, the User and any related Account Holder may make one copy of the Software in machine-readable form for backup purposes only. The backup copy must include all copyright information contained on the original. If the Software is provided via the Internet, then the license herein includes a license to access servers controlled by King Guide Publications, Inc. ("Servers") only for the purpose of accessing the Software.

You may not do any of the following yourself, or through any third party or the Account Holder, and you may not permit any third party with whom you have a business or personal relationship to do any of the following: (A) copy the Software; (B) modify or create derivative works based upon the Software; (C) decompile, disassemble, or reverse engineer the Software in whole or in part; (D) defeat, disable, or circumvent any protection mechanism related to the Software; (E) sell, license, sublicense, lease, rent, distribute, disclose, permit access to, or transfer to any third party, whether for profit or without charge, any portion of the Software, or, in particular, without limiting the generality of the foregoing, distribute the Software on any media; make the Software accessible to the public or third parties, whether over networks, electronic bulletin boards, websites, or otherwise; or allow any third party to use the Software; (F) publish or otherwise communicate any review of, or information about, the performance of the Software to any third party without the prior written consent of King Guide Publications, Inc.; (G) export, re-export, download, or otherwise use the Software in violation of any laws or regulations, including U.S. Department of Commerce Export Administration regulations and other applicable laws; or (H) use the Software in connection with life support systems, human implantation, medical devices, or any application where failure or malfunction could lead to possible loss of life or catastrophic property damage.

2. Termination. The User may terminate this EULA Agreement at any time by notifying King Guide Publications, Inc. in writing. King Guide Publications, Inc. may at its sole discretion terminate this EULA Agreement at any time, with or without prior notification, in the event the User fails to comply with the terms and conditions of this agreement, by deactivating the User's username and password or suspending operation of the system. King Guide Publications, Inc. reserves the right to terminate this EULA Agreement, or to modify or terminate services and/or product offerings in connection with the Software, at any time without notice to the User. Termination of this EULA Agreement between a User and King Guide Publications, Inc. shall only act to discontinue User's personal access to the Software and such termination shall not act to terminate this EULA Agreement or any other contracts related to the Software between any related Account Holder and King Guide Publications, Inc..

3. Copyright and Restrictions. The Software, including all text and other content therein ("Content") is the property of King Guide Publications, Inc. or its licensors, and is protected by copyright and other intellectual property laws. Except for the rights expressly granted above, this EULA Agreement transfers to User, including any related Account Holder, no right, title, or interest in the Software, or the Content or any copyright, patent, trademark, trade secret, or other intellectual property or proprietary right therein. King Guide Publications, Inc. retains sole and exclusive title to all portions of the Software and the Content, and any copies thereof, and User, including any related Account Holder, hereby assigns to King Guide Publications, Inc. all right, title, and interest in and to any modifications User or Account Holder makes to the Software, whether or not such modifications are permitted. None of the Content may be reproduced, transcribed, stored in a retrieval system, translated into any spoken language or computer language, retransmitted in any form or by any means (electronic, mechanical, photocopied, recorded, or otherwise), resold, or redistributed without the prior written consent of King Guide Publications, Inc., except that the User may reproduce limited excerpts of Content obtained from King Guide Publications, Inc. sources or databases for personal use only, provided that each such copy contains a copyright notice as follows:

"Copyright© 1971-{current year} by King Guide Publications, Inc. All rights reserved."

CONCURRENT USER LICENSE

You may provide access to the database to any number of computers or electronic devices. Access to the database is limited to the number of licenses as follows:

Single User License – Access is allowed from any device and limited to a single user at a time.

Site License – Access allowed from any number of devices at a single site/facility or physical location. The is no limit on the number of simultaneous users.

Multi Site License – Access allowed from any number of devices at the sites/facilities or physical locations as authorized by King Guide Publications, Inc.. The is no limit on the number of simultaneous users

COPYRIGHT/PROPRIETARY RIGHTS

The Product and all copies thereof are proprietary to and the property of King Guide Publications, Inc. and title thereto remains with King Guide Publications, Inc. All applicable rights in copyrights, trademarks, trade secrets, and other intellectual property rights in the Database and all information relating to the Database regardless of its type or form are and will remain the property of King Guide Publications, Inc. and are protected by the United States and international copyright laws. The license and your right to use the Product terminate immediately if you violate any part of this agreement. In the event of termination you must immediately destroy all copies of the Product or return them to King Guide Publications, Inc.

LIMITED WARRANTY

King Guide Publications, Inc. warrants that internet access to the Database is to be free from defects in workmanship and that the database will perform substantially for the duration of your subscription to the Product.

If the Product fails to comply with the warranty set forth above, King Guide Publications, Inc. entire liability and your exclusive remedy will be replacement of any funds paid.

Today's environment of rapidly changing drug information is subject to interpretation and clinical situation. While every effort has been made to ensure the accuracy and completeness of the information presented in this Database, the reader is advised that the author, editor, or publisher cannot be responsible for the currency of information, for any errors or omissions, or for any consequences arising therefrom.

Use of Professional Judgment. The editors and authors have conscientiously and carefully tried to present the Content, and drug dosages, in conformance with the standards of professional practice that prevailed at the time of Content publication. However, such standards and practices in medicine change as new data become available, and the User or any medical professional receiving access to the Software via an Account Holder should consult a variety of sources. In addition, with respect to prescription medication, the User or any medical professional receiving access to the Software via an Account Holder is advised to check the product information sheet accompanying each drug to verify conditions of use and identify any changes in dosage schedule or contraindications, particularly if the agent to be administered is new, infrequently used, or has a narrow therapeutic range. The Content is no substitute for individual patient assessment based upon the healthcare provider's examination of each patient and consideration of laboratory data and other factors unique to the patient. The Software should be used as a tool to help the User and any related Account Holder reach or understand diagnostic and treatment decisions, bearing in mind that individual and unique circumstances may lead the User, User's healthcare provider, or Account Holder to reach decisions not presented in the Software.

Doses, quantities, and combinations listed in King® Guide to Parenteral Admixtures® are those that were used by investigators in their compatibility studies. These amounts should not be considered to be the usual or recommended doses, or the recommended therapy. The reader is referred to other appropriate references and to the manufacturers of drug products for recommendations on doses, quantities, and therapeutic recommendations.

KING GUIDE PUBLICATIONS, INC. DISCLAIMS ALL OTHER WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THE PRODUCT.

IN NO EVENT SHALL KING GUIDE PUBLICATIONS, INC. BE LIABLE TO LICENSEE OR ANY THIRD PARTY FOR ANY SPECIAL, DIRECT, INDIRECT, EXEMPLARY, INCIDENTAL OR CONSEQUENTIAL DAMAGES. INCLUDING ANY LOST PROFIT OR LOST SAVINGS, EVEN IF KING GUIDE PUBLICATIONS, INC. HAS BEEN ADVISED, KNOWS, OR SHOULD KNOW OF THE POSSIBILITY OF SUCH DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE DELIVERY, SALE, USE OR INABILITY TO USE OR PERFORMANCE OF THE SOFTWARE ARE PROVIDED HEREUNDER. IN NO EVENT SHALL KING GUIDE PUBLICATIONS, INC. LIABILITY HEREUNDER BASED ON ANY LEGAL THEORY OR CAUSE OF ACTION EXCEED THE TOTAL AMOUNT PAID TO KING GUIDE PUBLICATIONS, INC. BY LICENSEE.

GENERAL

This agreement constitutes the entire agreement between you and King Guide Publications, Inc. and may not be changed or terminated except by written communication by a duly authorized officer of King Guide Publications, Inc. This agreement shall be governed by the laws of the State of California and any dispute arising hereunder shall be resolved only in the State and Federal courts of California.

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