NCCN End-User License Agreement
This End-User License Agreement (“License Agreement”) is an agreement between you and National Comprehensive Cancer Network, Inc. (“NCCN”) for access to and use of content and programs that are made available to you through this NCCN website (“Site”) including without limitation the NCCN Clinical Practice Guidelines in Oncology (“NCCN Guidelines”), NCCN Guidelines for Patients®, NCCN Imaging AUC™, the NCCN Drugs & Biologics Compendium, NCCN Biomarkers Compendium®, and NCCN Radiation Therapy Compendium™ (collectively, “NCCN Compendiums”), the NCCN Chemotherapy Order Templates (“NCCN Templates”), NCCN Guidelines with NCCN Evidence Blocks (“NCCN Evidence Blocks”), NCCN Framework for Resource Stratification of NCCN Guidelines (“NCCN Framework”), NCCN Flash Updates™, NCCN Trends Surveys and Data (“NCCN Trends”), NCCN Oncology Insights Reports, the NCCN Informed Consent Language Database (“NCCN ICL Database”), the NCCN Points to Consider on the Best Practices for Biorepositories, Registries, and Databases (“NCCN Points to Consider”), and NCCN Shared Resources. The content and programs made available by NCCN to you through the Site shall be referred to collectively as the “NCCN Content”.
BY CLICKING ON THE “ACCEPT” BUTTON BELOW, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS LICENSE AGREEMENT. IF YOU DO NOT AGREE WITH THE TERMS OF THIS LICENSE AGREEMENT, YOU MAY NOT VIEW, ACCESS, OR USE THE NCCN CONTENT IN ANY MANNER.
1. Grant of Limited License.
Subject to the terms and conditions of this License Agreement, NCCN hereby grants to you a non-transferable, non-exclusive, limited, personal license to access and view the NCCN Content provided on the Site.
2. Intellectual Property Rights.
You acknowledge that NCCN and licensors that provide content and programs for the NCCN Content (“NCCN Licensors”) are the owners of all right, title and interest in and to the NCCN Content including, without limitation, all modifications, updates and other derivative works thereof and all copyright and other intellectual property rights related thereto. Except for the limited rights expressly set forth in this License Agreement, you hereby agree that you shall not at any time dispute, challenge, or contest, directly or indirectly, NCCN's or the NCCN Licensors’ right, title and interest in and to the NCCN Content, or assist or aid others to do so.
3. Restrictions on Use.
You may view the NCCN Content contained on the Site solely for your own personal purposes. You may not copy, transfer, reproduce, modify or create derivative works of any part of the NCCN Content for any reason and may not use the NCCN Content for any commercial purpose.
B) Not Medical Advice
The NCCN Content is provided for education and informational purposes only. The NCCN Content does not constitute medical advice and should not be used in place of seeking professional medical advice, diagnosis or treatment by licensed practitioners. NCCN makes no representations or warranties and explicitly disclaims the appropriateness or applicability of the NCCN Content to any specific patient’s care or treatment.
C) Clinical Use
Clinicians may use the NCCN Content to support diagnosis and treatment of their cancer patients. At all times and for all purposes, the NCCN Content may only be used in the context of clinicians exercising independent medical or professional judgment within the scope of their professional license. No one, including clinicians, may use the NCCN Content for any commercial purpose and may not claim, represent, or imply that any NCCN Content that has been modified in any manner is derived from, based on, related to or arises out of the NCCN Content.
D) NCCN ICL Database
Researchers and clinicians may use the NCCN ICL Database to support writing and amending informed consents for their study participants. NCCN and NCCN Licensors make no representations or warranties regarding the content of the NCCN ICL Database and explicitly disclaim the appropriateness or applicability of the NCCN ICL Database to any specific patient’s care or treatment or to obtaining patients’ written, informed consent. The NCCN ICL Database, which is independent of the NCCN Guidelines, is not exhaustive, may not be promptly updated and does not constitute medical, legal and/or other professional advice. Any researcher or clinician seeking to obtain a patient’s written, informed consent is expected to use independent medical judgment in the context of individual clinical circumstances of a specific patient’s care or treatment and to seek legal and/or other professional advice.
E) NCCN Imaging AUC
Authorized ordering professionals and furnishing professionals for applicable imaging services may use the NCCN Imaging AUC solely for the purpose of assistance with making an appropriate treatment decision for a specific clinical condition for a specific individual, while exercising independent and appropriate medical or professional judgment, pursuant to the advanced diagnostic imaging services appropriate use criteria program established by Section 1834(q) of the Social Security Act of 1935, as amended, and solely in accordance with all applicable laws, rules, standards and regulations.
F) Review of Use
Upon NCCN's request, you shall provide NCCN with examples of each use you have made of the NCCN Content under this License Agreement. You agree to immediately cease any such use on receipt of notice from NCCN that such use is in violation of this License Agreement.
4. Restrictions; Disclaimers; Limitation of Damages.
The NCCN Guidelines are a statement of consensus of the authors regarding their views of currently accepted approaches to cancer treatment. The NCCN Guidelines for Patients are derived from the NCCN Guidelines. The NCCN Imaging AUC are derived from the NCCN Guidelines and define appropriate use criteria for certain imaging services. The recommendations regarding the uses and indications in the NCCN Compendiums have been derived from the NCCN Guidelines and represent neither an all-inclusive listing of every drug, biologic, biomarker or biomarker test, nor every appropriate use and indication for drugs, biologics, biomarkers or biomarker tests. The NCCN Radiation Therapy Compendium™ neither represents an all-inclusive listing of radiation therapy recommendations used in cancer treatment nor every oncology-related use and indication for radiation therapy. NCCN Flash Updates, which are issued from time to time, provide information regarding updated and new NCCN Content and may not include every update and addition to NCCN Content.
NCCN Templates are peer-reviewed statements of consensus of their authors derived from the NCCN Guidelines for the conditions the NCCN Templates address and are not exhaustive and do not represent the full spectrum of care or treatment options described in the NCCN Guidelines or the NCCN Compendiums. NCCN Templates may not be promptly updated and do not constitute orders.
NCCN Evidence Blocks are derived from the NCCN Guidelines and are intended as a visual representation of five key measures that provide important information about specific recommendations contained within the NCCN Guidelines.
NCCN Framework are derived from the NCCN Guidelines and define appropriate treatment pathways at four resource levels—Basic, Core, Enhanced, and NCCN Guidelines.
NCCN Trends and NCCN Oncology Insight Reports provide data and analytics based on e-mail surveys to clinicians who utilize the Site and provide expert commentary regarding cancer care. These publications, which are independent of the NCCN Guidelines, are not exhaustive and do not constitute clinical recommendations.
NCCN Points to Consider is designed to serve as a tool and resource for research investigators who plan to design, implement, and manage a research study which intends to deposit, transfer, and/or access specimens or data in a biorepository, registry or database.
NCCN Shared Resources are solely available to NCCN Member Institutions to enable them to share resources collectively as a means to make available to scientists and investigators resources that will improve the ability to conduct research and thereby facilitate scientific progress.
The NCCN Content is updated at NCCN’s discretion to reflect updates and changes by the authors. NCCN will make reasonable efforts to post updated versions of the NCCN Content on the Site, provided that NCCN and NCCN Licensors have no obligation to advise you of any updates nor does NCCN and NCCN Licensors have any obligation to update the NCCN Content at any time for any reason.
C) WARRANTY DISCLAIMER
NCCN AND NCCN LICENSORS MAKE NO WARRANTIES CONCERNING THE NCCN CONTENT, WHICH ARE PROVIDED “AS IS.” NCCN AND NCCN LICENSORS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. NCCN AND NCCN LICENSORS DO NOT WARRANT THE ACCURACY, CURRENCY, APPROPRIATENESS, APPLICABILITY OR COMPLETENESS OF THE NCCN CONTENT, NOR OF ANY PARTICULAR GUIDELINE, TEMPLATE, OR PROGRAM, OR MAKE ANY REPRESENTATION REGARDING THE USE OR THE RESULTS OF THE USE OF THE NCCN CONTENT IN TREATMENT.
D) LIABILITY LIMITATION
IN NO EVENT SHALL NCCN, NCCN MEMBERS OR NCCN LICENSORS BE LIABLE FOR ANY DAMAGES OF ANY KIND INCLUDING DIRECT, INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE LICENSE GRANTED UNDER THIS AGREEMENT OR USE OF THE NCCN CONTENT INCLUDING, WITHOUT LIMITATION, LOSS OF LIFE, PHYSICAL INJURY, PROPERTY DAMAGE, LOSS OF DATA, LOSS OF INCOME OR PROFIT, OR ANY OTHER DAMAGES, LOSSES OR CLAIMS, EVEN IF NCCN, NCCN MEMBERS OR NCCN LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, LOSSES OR CLAIMS.
You recognize that NATIONAL COMPREHENSIVE CANCER NETWORK®, NCCN®, NCCN GUIDELINES®, NCCN COMPENDIUM®, NCCN BIOMARKERS COMPENDIUM®, NCCN RADIATION THERAPY COMPENDIUM™, NCCN IMAGING AUC™, NCCN TEMPLATES®, NCCN EVIDENCE BLOCKS™, NCCN FRAMEWORK™, NCCN FLASH UPDATES™, NCCN TRENDS™, POWERED BY NCCN®, NCCN ONCOLOGY INSIGHTS REPORTS™, NCCN GUIDELINES FOR PATIENTS® and all other trademarks and service marks associated with NCCN Content (“Marks”) are owned by NCCN. NCCN retains all goodwill and intellectual property rights in such Marks. You shall not use the Marks or any confusingly similar Marks for any commercial purpose, including, without limitation, for purposes of marketing or promoting your services, without the prior written approval of NCCN, which approval may be withheld in NCCN's sole discretion. Each approved use of the Marks shall require the independent written approval of NCCN.
You shall not remove any copyright, trademark or other notices or legends contained on the NCCN Content and all copies of the NCCN Content must contain, at a minimum, the following notice: “© National Comprehensive Cancer Network 2017, All Rights Reserved. NATIONAL COMPREHENSIVE CANCER NETWORK®, NCCN®, NCCN GUIDELINES®, NCCN COMPENDIUM®, NCCN TEMPLATES®, NCCN FLASH UPDATES™, NCCN GUIDELINES FOR PATIENTS® and POWERED BY NCCN® are trademarks of National Comprehensive Cancer Network, Inc.”
To access the NCCN Content, you are required to register. You agree to provide NCCN with accurate, complete registration information and you must inform NCCN of any changes to that information before any subsequent access or use of the NCCN Content. Each registration is for a single person only. You agree not to permit (a) any other person to use the Site under your name; or (b) multiple users of a network access through your name. You are responsible for preventing such unauthorized use.
8. Modification of License Agreement.
NCCN reserves the right to change the terms of this License Agreement at any time. Updated versions of this Agreement will appear on this Site. Continued use of any updated version of the NCCN Content after any such changes constitutes your agreement to be bound by such changes.
9. Remedies for Violation.
NCCN reserves the right to seek all remedies available at law and in equity for violations of this License Agreement, including but not limited to the right to block access to the Site and the NCCN Content.
10. NCCN Licensor Terms
Certain portions of the NCCN Content are used by permission from the NCCN Licensors, which include without limitation the Dana-Farber Cancer Institute, University of Texas MD Anderson Cancer Center and other NCCN Members.
You agree that this License Agreement contains the entire agreement between NCCN and you relating to its subject matter. If any provision of this Agreement is held to be invalid or unenforceable, the validity and enforceability of the remaining provisions shall not be affected thereby. This Agreement will be governed by and construed in accordance with the laws of the Commonwealth of Pennsylvania without giving any effect to the conflict of law provisions thereof, and each party agrees to submit to personal jurisdiction in the federal and state courts of Pennsylvania and waives any objection to venues in said courts. This Agreement will not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded. The Site may be accessed from any country except Cuba, Iran, North Korea, Sudan and Syria. You agree that the NCCN Content will not be shipped, transferred or exported into any country or used in any manner prohibited by the United States Export Administration Act, or any other export laws, regulations or restrictions.
IF YOU OR YOUR ORGANIZATION WOULD LIKE TO USE, COPY, ENDORSE AND/OR DISTRIBUTE NCCN CONTENT FOR ANY PURPOSE, PLEASE VISIT THE NCCN PERMISSIONS REQUEST SITE AT http://www.nccn.org/about/permissions. IF YOU OR YOUR ORGANIZATION IS INTERESTED IN LICENSING NCCN CONTENT AND/OR IF YOU HAVE ANY QUESTIONS REGARDING PERMISSION TO USE NCCN CONTENT, PLEASE CONTACT C. LYN FITZGERALD, SENIOR VICE PRESIDENT, U.S. AND GLOBAL DEVELOPMENT AT email@example.com.
BY CLICKING ON THE “ACCEPT” BUTTON BELOW, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS LICENSE AGREEMENT.