Terms of Use
BY INSTALLING, DOWNLOADING, ACCESSING OR OTHERWISE USING THE DATABASE OR ANY UPDATE or new version OF THE DATABASE, YOU AGREE TO BE BOUND BY These Terms of Use ("Terms"). IF YOU DO NOT AGREE TO THE TERMS DO NOT INSTALL, DOWNLOAD, ACCESS or use THE DATABASE OR ANY UPGRADE TO or new version OF THE DATABASE. ONCE You click 'Accept' (if this option is available) or Once You Access or Use THE DATABASE (Whichever occurs earlier), you and ANY PERSON SUBSEQUENTLY ACCESSING OR USING THE DATABASE WILL BE SUBJECT TO THE TERMS. the Database may be protected under the terms of a Licence Agreement between You/Your Organisation And MIMS, and in such case, these Terms do not supersede or replace any of those terms.

MIMS grants to You and You accept, a non-transferable and non-exclusive licence to use the Database, subject to these Terms and the following conditions:

(a) You may use the Database only at the specified location, if any or on the licensed telecommunication device;
(b) use of the Database is restricted to You; and
(c) You may not:
(i) alter, merge, modify or adapt the Database in any way, including but not limited to disassembling or decompiling;

(ii) loan, rent, lease or license the Database or any copy;

(iii) transfer the Database, or any copy, in whole or in part, in any way, including but not limited to disassembling or decompiling, except as expressly provided for in this license, (collectively the " MIMS Licence").

Where MIMS has provided You or Your Organisation with a licence to use the Database or Your Organisation has provided You with access to or use of the Database (in each case, "Database Licence"), then this MIMS Licence is subject to You being granted a valid and current Database Licence to use the Database and will only continue whilst You have a Database Licence.

MIMS has the right to terminate Your MIMS Licence if You fail to comply with any of these Terms or if the Database Licence has been terminated for any reason. Upon any such termination You must immediately, at Your cost:

(i) cease using the Database;

(ii) deliver to MIMS, or at MIMS' option destroy, every tangible copy of the Database and the End User Documentation in Your possession or control or of any person to whom You have given a copy of the Database and the End User Documentation to;

(iii) erase, or destroy in another way, every tangible copy of the Database and the End User Documentation in Your possession or control or of any person to whom You have given a copy to; and

(iv) certify by a letter signed by Your director or other duly authorised officer that all such copies have been delivered, erased or destroyed and that You have unconditionally ceased using the Database and the End User Documentation.

MIMS will provide Updates to the Database from time to time. If You are notified of Updates to be electronically downloaded or the Updates are provided directly to You in a Database CD which must be installed, then such Updates must be downloaded or installed by You, as the case may be within 30 days of such notification or upon receipt of the Database CD, whichever is the earlier date.

When a New Version of the Database is received the previous edition must be destroyed and no longer used or relied upon by You.

Except as specifically provided herein, except for any condition or warranty the exclusion of which could be void or otherwise contravene the Trade Practices Act 1974 (Cth) or any other applicable law (Non Excludable Condition) MIMS makes no warranty or representation, either express or implied, with respect to the Database or other goods or services it supplies, including without limitation to the quality, performance, merchantability, or fitness for a particular purpose.

Except for any Non Excludable Condition, MIMS excludes all liability for the breach of any warranty or condition of any kind in respect of the Database or other goods or services it supplies.

Where legislation implies into these Terms any Non Excludable Condition, MIMS' liability for any breach of such Non Excludable Condition will be limited at MIMS' sole discretion to one or more of the following:

(a)in the case of goods, any one or more of the following:
(i)the replacement of the goods or the supply of equivalent goods;

(ii)the repair of the goods;

(iii)the payment of the cost of replacing the goods or of acquiring equivalent goods;

(iv)the payment of the cost of having the goods repaired; or

(b)in the case of services:
(i)the supplying of the services again; or

(ii)the payment of the cost of having the services supplied again.

To the fullest extent allowed under the Trade Practices Act 1974 (Cth) or any other applicable law except for liability for any Non Excludable Condition:

(a) in no event will MIMS be liable for any indirect loss, consequential loss, loss of profits, loss of revenue, loss of goodwill, exemplary damages, punitive damages or special damages in connection with or arising out of use of the Database, the accuracy of the data contained in the Database, any breach of these Terms and any negligence in MIMS performing its obligations under these Terms; and

(b) in no event will MIMS' liability to You for any claim or damage arising out of or in connection with these Terms exceed the amount paid by You for the Database Licence.

All Intellectual Property Rights and other proprietary rights in or related to the Database and the End User Documentation are and will remain MIMS' exclusive property, whether or not specifically recognised or perfected under local applicable law and You must not take any action that jeopardises MIMS' proprietary rights.

Subject to these Terms no licence, right or interest in any MIMS trade marks, service marks or trade names is granted to You under these Terms. If an action is brought against You claiming that the Database or the End User Documentation infringes the Intellectual Property Rights of a third party, MIMS will, at its expense, defend or, at its option, settle the action and, subject to this clause 6, indemnify You against any loss, cost or expense (including reasonable legal fees and expenses), demand or liability, whether direct or indirect, arising out of any such claim, but only if:

(a)You notify MIMS promptly of any infringement, suspected infringement or alleged infringement;
(b)MIMS has sole control over the defence of the claim and any negotiation for its settlement or compromise;
(c)You make no admission of liability, do not incur any legal expenses in connection with the claim except as would be reasonable in the circumstances, or agree to any compromise or settlement without MIMS' prior written consent, and take no other action that is contrary to MIMS interests; and
(d)You provide MIMS with all available information and assistance as MIMS may reasonably require in respect of any proceedings.

If a claim described above has been asserted, MIMS will, at MIMS' sole option and expense:
(e)procure the right for You to continue using the Database; or
(f) replace or modify the Database to eliminate the infringement while providing functionally equivalent performance; or

MIMS will have no obligation to defend and indemnify You in respect of any claims that the Database infringes the Intellectual Property Rights of a third party, to the extent that a claim results from:
(g) a correction to or modification of the Database not provided by MIMS;
(h) use of the Database other than in accordance with the relevant documents or these Terms;
(i) use of an out of date edition of the Database; or
(j)use of the Database in conjunction with other products that are not owned by MIMS (other than as contemplated by these Terms).

To the full extent permitted by the Trade Practices Act 1974 (Cth) or any other applicable law, the remedies contained in this section constitute Your sole and exclusive remedies and MIMS' entire liability under these Terms with respect to infringement of third party Intellectual Property Rights.

You agree to indemnify, defend and hold MIMS harmless against any claims, liabilities, proceedings, costs, losses, expenses or damages incurred by MIMS in connection with Your use of the Database (including, without limitation, any use by You of an out of date edition of the Database or use of the Database outside the Territory), breach of these Terms or any other negligent or wrongful act or omission by You.

No person should act in reliance on any statement contained in the information provided, and at all times should remember that clinical decisions are the responsibility of the attending Health Care Professional and where any doubt exists regarding the selection or appropriateness of any therapy or any information contained in the Database, referral to a relevant specialist and/or the specific pharmaceutical manufacturer must be made.

The selection of a therapy based on the information contained in the Database, and any intended results is Your responsibility and to the fullest extent permitted by law MIMS accept no liability whatsoever for the clinical decisions taken by You. Use of the Database does not replace the professional judgement of the Health Care Professional. Liability for clinical decisions is the sole responsibility of the Health Care Professional in charge of the treatment. The Database must only be used on condition that You ensure that You and any Health Care Professional using information in the Database verify any information contained in the Database to the information contained in the corresponding pharmaceutical products specifications.

You acknowledge and agree that the Database includes information which is subject to specific health legislation and regulations in the Territory. MIMS has taken reasonable measures to ensure that the information contained in the Database complies with the Territory's health regulations and codes of practice.

You acknowledge and agree that the information referred to in the Database is specific to the Territory and may not be available or permitted in any other jurisdiction other than the Territory.

The Database provides You with:

(a) information on the most commonly prescribed medicines in the Territory, such information having been produced by MIMS' review of prescribing information and product packaging that has been approved by the Regulatory Authority (where appropriate);
(b)abridged information having been produced by the review of published primary and secondary medicine literature; and
(c)abridged information on medicines available in the Territory, such information having been produced by the review of third party data sources, including the approved medicine datasheet.

In each case, any omissions are due to the necessary information not being available to MIMS at the time of publication. Although every reasonable effort has been made in compiling and checking the information in the Database to ensure that it is accurate. MIMS makes no representation or warranty that all content or information is complete, up to date or appropriate and assumes no legal liability or responsibility for the accuracy, currency or completeness of any information in the Database.

The Database includes information provided by third parties. This information is identified with the name of the source and has been chosen for publication because MIMS believe it to be reliable. The Database may also contain links to internet sites maintained by third parties over which MIMS has no control, nor does MIMS have full knowledge of the content of such sites. To the extent permitted by law, MIMS, its employees and agents accept no liability (including negligence) for any injury, loss or damage caused by the reliance on any part of this third party information.

Copyright in the Database and the End User Documentation and each page of MIMS' website is owned by MIMS. MIMS also owns the copyright in the content published on its website and the Database except where otherwise indicated by a third party's proprietary notice. Images, trade marks and brands are also protected by other intellectual property laws and may not be reproduced or appropriated in any manner without written permission of their respective owners. Unless specifically prohibited by a notice published on any page, You may make a print copy of such parts of the website as You may reasonably require for Your own personal use provided that any copy has attached to it any relevant proprietary notices and/or disclaimers. Subject to any statutory exceptions under the Copyright Act 1968 (Cth) all other use of the website and the content published on the website is strictly prohibited.

MIMS does not warrant that the functions contained on its website and/or in the Database will meet Your requirements or that the access, use or operation of the Database will be uninterrupted or error free. To the extent permitted by law, the warranties and remedies set forth in these Terms are exclusive and in lieu of all others, oral or written, expressed or implied.

You may not assign or transfer these Terms.

You agree to comply with all applicable laws. You undertake to ensure that You and each and every person subsequently accessing or using the Database reads and understands the provisions of these Terms prior to using the Database and complies with the provisions of these Terms. You hereby acknowledge and agree that You will be liable to MIMS for any breach of the provisions of these Terms by any such user.

Notwithstanding that any provision of these Terms may prove to be invalid or unenforceable, it is to be read down or severed to the extent of the invalidity or unenforceability and it does not affect the validity of the remaining provisions of these Terms which shall continue in full force and effect.

A person or entity who is not a party to these Terms shall have no right to enforce any term of these Terms.

You acknowledge that You have read these Terms and understood and agree to be bound by its terms and conditions. You further agree that these Terms constitute the complete and exclusive statement of the agreement between You and MIMS, which supersedes any proposal or prior deed, oral or written, and any other communication between You and MIMS relating to the subject matter of these Terms. In the event of any inconsistency between the provisions of these Terms and any other agreement between You and MIMS, the provisions of these Terms will prevail, provided that if the Database is protected under the terms of a licence agreement between You/Your Organisation and MIMS, then in such case, these Terms do not supersede or replace any of those terms.

These Terms are governed by the laws of New South Wales, Australia. You agree to submit to the non-exclusive jurisdiction of the courts of New South Wales.

"Database" means MIMS software and the Database as licenced to You.
"Database CD" means the Database contained on a computer disk or in any material form, including without limitation on a CD or DVD.
"End User Documentation" means the manuals produced and provided by MIMS to allow the proper use of the Database by You.
"Health Care Professional" means a professionally trained person who has the requirements set down by the relevant authorities for practising as a health care practitioner in the Territory.
"Intellectual Property Rights" means all rights, whether registered or unregistered in any patent, trade mark, trade name, business name, company name, copyright, registered design or other design right or circuit layout right, know-how, confidential information or proprietary information or any similar rights of intellectual property, and any applications for, or rights to obtain or acquire, any such rights.
"MIMS" means UBM Medica Australia Pty Ltd (ABN 68 050 695 157) of 3rd Floor, 1 Chandos Street, St Leonards NSW 2065 Australia.
"New Version" means any substantial change to the data, code or function of the Database that does not equate to a change in the core function of the Database or information provided in the Database as made available from time to time in accordance with these Terms.
"Regulatory Authority" means the Therapeutic Goods Administration of Australia or any other applicable authority having jurisdiction in the Territory.
"Territory" means Australia.
"Updates" means updated information for the Database, which will be supplied to You in accordance with clause 2.
"You", "Your" means the individual who uses or accesses the Database.
"Your Organisation" means the entity for which You act as an employee, officer, director, agent, partner or consultant.