TERMS of USE

1. Use Restrictions/Disclaimers
The MedDRA tools are licensed, not sold, to You for use only under the terms of this END USER LICENSE AGREEMENT (License) and in connection with Your Subscription Agreement for MedDRA. The license granted to you is non-transferrable. You may use the MedDRA tools solely for internal business purposes of your organization as contemplated by the Subscription Agreement and this License and shall not: (i) license, sublicense, sell, resell, rent, lease, transfer, assign, distribute or otherwise commercially exploit or make the MedDRA tools available to any third party other than as explicitly permitted under the License; (ii) copy, decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the MedDRA tools; (iii) use the MedDRA tools in a manner that does not comply with all applicable laws in the jurisdiction in which you use the MedDRA tools, including, but not limited to, applicable restrictions concerning copyright and other intellectual property rights; or (iv) use or otherwise export or re-export the Licensed Application except as authorized by United States law and the laws of any other applicable jurisdiction.

2. Title
The MedDRA tools is/are protected by applicable copyright or other laws. Title, ownership, rights, and intellectual property rights in and to the MedDRA tools exclusively vest in International Council for Harmonisation of Technical Requirements for Pharmaceuticals for Human Use (ICH). Your use of the MedDRA tools gives you no rights to the MedDRA tools not expressly granted to You under this License.

3. Password Security
You will be able to share the login ID, password or digital keys for the MedDRA tools with authorized users who are employees of your organization. You and any other authorized users who are employees of your organization are prohibited from sharing the login ID and password for the MedDRA tools with any third party. You acknowledge that you and your organization may be fully responsible for all damages and liabilities incurred by the ICH and/or Northrop Grumman through use of the login ID, password and digital keys by anyone who obtains such login ID, password or keys without proper authorization as permitted hereunder. You shall promptly notify the Northrop Grumman’s MSSO Help Desk of such unauthorized use. Northrop Grumman may suspend or terminate access to the MedDRA tools if any unauthorized use of the tools is reported or if Northrop Grumman discovers such unauthorized use of the tools.

4. Information Management Tools
You acknowledge that the MedDRA tools as furnished by Northrop Grumman and ICH are information management tools only and that they contemplate and require the involvement of skilled users.

5. Suspension or Termination of Use
You acknowledge that your MedDRA tool accounts can be suspended in the event you or any other users of your organization fail to comply with this License or the terms and conditions of the Subscription Agreement This License will also terminate upon termination of Your Subscription Agreement.

6. No Warranty of Continuous Availability

The MedDRA tools operate on servers that may be inoperative for any of a number of reasons. Northrop in no way guaranties or warrants any level of availability or continuous availability. Northrop Grumman hereby explicitly disclaims any such guaranty or warranty.

7. Changes
Northrop Grumman reserves the right, in Northrop Grumman’s sole discretion, to change the terms of the MedDRA tools License from time to time.

8. Consent to Use of Data
You agree that Northrop Grumman may collect and use technical data and related information, including but not limited to information regarding when a search is conducted, the length of the search term and the time required for the server to respond that is gathered to monitor performance of the MedDRA tools. Northrop Grumman may use this information, as long as it is in a form that does not personally identify You, Your User ID or the search term itself, to monitor and improve the MedDRA tools.

8. NO WARRANTY
NORHTROP GRUMMAN AND THE, THE ICH, THE MANAGEMENT COMMITTTEE, AND HER MAJESTY’S STATIONERY OFFICE, ALL OF THE AFORE-SAID INDIVIDUALLY AND AS A GROUP HEREBY EXPRESSLY DISCLAIM, ALL WARRANTIES, BOTH EXPRESS AND IMPLIED. SPECIFICALLY, AND WITHOUT LIMITATION, THERE SHALL BE NO IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT OR ANY OTHER WARRANTY AS MAY OTHERWISE BE APPLICABLE TO THE APPLICATION SERVICES.

9. LIMITATION OF LIABILITY
EXCEPT TO THE EXTENT PROHIBITED BY APPLICABLE LAW, IN NO CASE SHALL NORTHROP GRUMMAN, THE ICH, THE MANAGEMENT COMMITTEE, AND HER MAJESTY’S STATIONERY OFFICE, ALL OF THE AFORE-SAID, INDIVIDUALLY AND AS A GROUP, BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES BASED UPON BREACH OF WARRANTY, BREACH OF CONTRACT, NEGLIGENCE, TORT, CONTRACT OR ANY OTHER LEGAL THEORY ARISING OUT OF YOUR USE OR INABILITY TO USE THE MedDRA tools AND EVEN IF NORTHROP GRUMMAN OR THE, THE ICH, THE MANAGEMENT COMMITTEE, AND HER MAJESTY’S STATIONERY OFFICE, ALL OF THE AFORE-SAID, INDIVIDUALLY AND AS A GROUP, HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANY OTHER PROVISION HEREIN, NORTHROP GRUMMAN, THE ICH, THE MANAGEMENT COMMITTEE, AND HER MAJESTY’S STATIONERY OFFICE, ALL OF THE AFORE-SAID AS A GROUP, MAXIMUM LIABILITY FOR ANY CLAIM OR SERIES OF RELATED CLAIMS ARISING UNDER THIS AGREEMENT SHALL BE LIMITED TO THE TOTAL AMOUNT OF FEES PAID BY THE SUBSCRIBER TO NORTHROP GRUMMAN UNDER THEIR CURRENT SUBSCRIPTION AGREEMENT.