Multum End-User License Agreement
The Service is for
use by United States and Canadian residents only. The Service is a service
provided to you by Cerner Multum ("Multum"). The Service and the
"Healthwise Knowledgebase" are separate products
provided by separate entities.
Every effort has been made to
ensure that the information provided in the Service is accurate, up-to-date,
and complete, but no guarantee is made to that effect. In addition, the drug
information contained herein may be time sensitive.
The Service
does not endorse drugs, diagnose patients, or recommend therapy. The Service is
an informational resource designed to assist licensed healthcare practitioners
in caring for their patients and provide consumers with drug specific
information. Healthcare practitioners should use their professional judgment in
using the information provided. The Service is not a substitute for the care
provided by licensed healthcare practitioners and consumers are urged to
consult with their healthcare practitioner in all instances. The absence of a
warning for a given drug or drug combination in no way should be construed to
indicate that the drug or drug combination is safe, effective or appropriate
for any given patient.
Multum does not assume any responsibility
for any aspect of healthcare administered with the aid of information the
Service provides.
Disclaimer of Warranties
THE END-USER ACKNOWLEDGES THAT THE SERVICE IS PROVIDED
ON AN "AS IS" BASIS. EXCEPT FOR WARRANTIES WHICH MAY NOT BE DISCLAIMED AS A
MATTER OF LAW, MULTUM MAKES NO REPRESENTATIONS OR WARRANTIES WHATSOEVER,
EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO REPRESENTATIONS OR WARRANTIES
REGARDING THE ACCURACY OR NATURE OF THE CONTENT OF THE SERVICE, WARRANTIES OF
TITLE, NONINFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR
PURPOSE.
The END-USER acknowledges that updates to the Service are
at the sole discretion of Multum. Multum makes no representations or warranties
whatsoever, express or implied, with respect to the compatibility of the
Service, or future releases thereof, with any computer hardware or software,
nor does Multum represent or warrant the continuity of the features or the
facilities provided by or through the Service as between various releases
thereof.
Any warranties expressly provided herein do not apply if:
(i) the END-USER alters, mishandles or improperly uses, stores or installs all,
or any part, of the Service, (ii) the END-USER uses, stores or installs the
Service on a computer system which fails to meet the specifications provided by
Multum, or (iii) the breach of warranty arises out of or in connection with
acts or omissions of persons other than Multum.
Assumption of Risk, Disclaimer of Liability, Indemnity
THE END-USER ASSUMES ALL RISK FOR SELECTION AND USE OF
THE SERVICE AND CONTENT PROVIDED THEREON. MULTUM SHALL NOT BE RESPONSIBLE FOR
ANY ERRORS, MISSTATEMENTS, INACCURACIES OR OMISSIONS REGARDING CONTENT
DELIVERED THROUGH THE SERVICE OR ANY DELAYS IN OR INTERRUPTIONS OF SUCH
DELIVERY.
THE END-USER ACKNOWLEDGES THAT MULTUM: (A) HAS NO
CONTROL OF OR RESPONSIBILITY FOR THE END-USER'S USE OF THE SERVICE OR CONTENT
PROVIDED THEREON, (B) HAS NO KNOWLEDGE OF THE SPECIFIC OR UNIQUE CIRCUMSTANCES
UNDER WHICH THE SERVICE OR CONTENT PROVIDED THEREON MAY BE USED BY THE
END-USER, (C) UNDERTAKES NO OBLIGATION TO SUPPLEMENT OR UPDATE CONTENT OF THE
SERVICE, AND (D) HAS NO LIABILITY TO ANY PERSON FOR ANY DATA OR INFORMATION
INPUT ON THE SERVICE BY THE END-USER TO THE SERVICE.
MULTUM SHALL
NOT BE LIABLE TO ANY PERSON (INCLUDING BUT NOT LIMITED TO THE END-USER AND
PERSONS TREATED BY OR ON BEHALF OF THE END-USER) FOR, AND THE END-USER AGREES
TO INDEMNIFY AND HOLD MULTUM HARMLESS FROM ANY CLAIMS, LAWSUITS, PROCEEDINGS,
COSTS, ATTORNEY'S FEES, DAMAGES OR OTHER LOSSES (COLLECTIVELY, "LOSSES")
ARISING OUT OF OR RELATING TO (A) THE END-USER'S USE OF THE SERVICE OR CONTENT
PROVIDED THEREON OR ANY EQUIPMENT FURNISHED IN CONNECTION THEREWITH AND (B) ANY
DATA OR INFORMATION INPUT ON THE SERVICE BY END-USER, IN ALL CASES INCLUDING
BUT NOT LIMITED TO LOSSES FOR TORT, PERSONAL INJURY, MEDICAL MALPRACTICE OR
PRODUCT LIABILITY. FURTHER, WITHOUT LIMITING THE FOREGOING, IN NO EVENT SHALL
MULTUM BE LIABLE FOR ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR INDIRECT
DAMAGES, INCLUDING DAMAGES FOR LOSS OF PROFITS, LOSS OF BUSINESS, OR DOWN TIME,
EVEN IF MULTUM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE
INFORMATION CONTAINED WITHIN THE SERVICE IS INTENDED FOR USE ONLY BY PHYSICIANS
AND OTHER HEALTHCARE PROFESSIONALS WHO SHOULD RELY ON THEIR CLINICAL DISCRETION
AND JUDGMENT IN DIAGNOSIS AND TREATMENT. AS BETWEEN THE END-USER AND MULTUM,
THE END-USER HEREBY ASSUMES FULL RESPONSIBILITY FOR INSURING THE
APPROPRIATENESS OF USING AND RELYING UPON THE INFORMATION IN VIEW OF ALL
ATTENDANT CIRCUMSTANCES, INDICATIONS, AND CONTRAINDICATIONS.
Liability of Multum to the END-USERS
Under no circumstances shall Multum be liable to the
END-USER or any other person for any direct, indirect, exemplary, special or
consequential damages arising out of or relating to the END-USER's use of or
inability to use the Service or the content of the Service provided thereon or
any equipment furnished in connection therewith. Multum's total liabilities in
connection with this Agreement, whether arising under contract or otherwise,
are limited to the fees received by Multum under this Agreement specifically
relating to the END-USER's service or product which is the subject of the
claim.
Last updated: June 2001