MDL Information Systems
MDL INFORMATION SYSTEMS, INC.
2440 Camino Ramon, Suite 300, San Ramon, CA 94583
 
   
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  MDL.COM Terms and Conditions  
  Last Updated: March 2006


  This document contains the following information:  
 
       
  Terms and Conditions
Copyrights and Limitations on Use
Trademarks
Links to Other Sites
Disclaimer of Warranties and Liability
Systems Reliability
Indemnification
Export Control
Notice and Procedure for Making Claims of Copyright Infringement
Governing Law and Venue
 
     
 
Terms and Conditions

This website ("Site") is owned and operated by MDL Information Systems, Inc. doing business as Elsevier MDL, 2440 Camino Ramon, Suite 300, San Ramon, CA, 94583, USA ( "Elsevier MDL," "MDL," "we," "us" or "our"). By accessing or using the Site, you agree to be bound by the terms and conditions below ("Terms and Conditions"). These Terms and Conditions expressly incorporate by reference and include the Site's Privacy Policy and any guidelines, rules or disclaimers that may be posted and updated on specific webpages or on notices that are sent to you. If you do not agree with these Terms and Conditions, please do not use this Site.

Elsevier MDL reserves the right to change, modify, add or remove portions of these Terms and Conditions in its sole discretion at any time. Posting the latest revision date of these Terms and Conditions on the Site's home page shall constitute sufficient notice of any changes. Your continued use of this Site following the posting of any changes will mean that you have accepted the changes.

 
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Copyrights and Limitations on Use

All content in this Site, including site layout, design, images, programs, text and other information (collectively, the "Content") is the property of Elsevier MDL and its affiliated companies or licensors and is protected by copyright and other intellectual property laws.

You may not copy, display, distribute, modify, publish, reproduce, store, transmit, create derivative works from, or sell or license all or any part of the Content, products or services obtained from this Site in any medium to anyone, except as otherwise expressly permitted under applicable law or as described in these Terms and Conditions or relevant license or subscriber agreement.

You may print or download Content from the Site for your own personal, non-commercial use, provided that you keep intact all copyright and other proprietary notices. You may not engage in systematic retrieval of Content from the Site to create or compile, directly or indirectly, a collection, compilation, database or directory without prior written permission from Elsevier MDL.

You agree that you will not use any robots, spiders, crawlers or other automated downloading programs or devices to: continuously and automatically search or index any Content, unless authorized by us; (ii) harvest personal information from the Site for purposes of sending unsolicited or unauthorized material; or (iii) cause disruption to the working of the Site. If this Site contains robot exclusion files or robot exclusion headers, you agree to honor them. Any questions about whether a particular use is authorized and any requests for permission to publish, reproduce, distribute, display or make derivative works from any Content should be directed to Elsevier MDL.

You may not use the services on the Site to publish or distribute any information (including software or other content) which is illegal, which violates or infringes upon the rights of any other person, which is abusive, hateful, profane, pornographic, threatening or vulgar, which contains errors, viruses or other harmful components, or which is otherwise actionable at law. Elsevier MDL may at any time exercise editorial control over the content of any information or material that is submitted or distributed through its facilities and/or services.

You may not, without the approval of Elsevier MDL, use the Site to publish or distribute any advertising, promotional material, or solicitation to other users of the Site to use any goods or services. For example (but without limitation), you may not use the Site to conduct any business, to solicit the performance of any activity that is prohibited by law, or to solicit other users to become subscribers of other information services. Similarly, you may not use the Site to download and redistribute public information or shareware for personal gain or use the facilities and/or services to distribute multiple copies of public domain information or shareware.

 
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Trademarks

The trademarks, service marks, and logos of Elsevier MDL or others used on this site represent commercially valuable products, services, and/or company names, and are the property of Elsevier MDL or their respective owners in the United States and other countries. You may not use, and nothing contained on this site grants by implication, waiver, estoppel or otherwise, any right to use any trademark displayed on the site without the prior written permission of Elsevier MDL or the respective owner. The absence of a product name or logo on this site does not constitute a waiver of Elsevier MDL's trademark or other intellectual property rights concerning that name or logo.

Elsevier MDL Trademarks

MDL, Afferent, Assay Explorer, Chembase, Chemhost, Chemscape, Chemscape Server, Cheshire, Chime, Chime Pro, DiscoveryGate, Isentris, LitLink, OHS MSDS ON DISC, OHS SAFETY SERIES, "One Stop. Many Answers." "Powering the Process of Invention," Reagent Selector and Sculpt are registered trademarks in the United States, and Available Chemicals Directory, Central Library, EH&S Data Elements, Élan, Integrated Major Reference Works, ISIS, ISIS/ADK, and Reaction Browser, among others, are trademarks of Elsevier MDL.

Third-Party Trademarks

AutoNom is Copyright © 1988-2006, and a registered trademark of Beilstein-Institut zur Förderung der Chemischen Wissenschaften licensed to Beilstein GmbH and MDL Information Systems GmbH. CrossFire is Copyright© 1995-2005, and a registered trademark of MDL Information Systems GmbH. Beilstein Database is Copyright© 1988-2005, Beilstein-Institut zur Förderung der Chemischen Wissenschaften licensed to Beilstein GmbH and MDL Information Systems GmbH, used herein under permission. Gmelin Database: Copyright © 2000-2006, Gesellschaft Deutscher Chemiker, licensed to MDL Information Systems GmbH; © 1988-1999, Gmelin Institut für Anorganische Chemie und Grenzgebiete der Max-Planck-Gesellschaft zur Förderung der Wissenschaften. All rights reserved. Java and all Java-based marks are trademarks or registered trademarks of Sun Microsystems, Inc. in the United States and other countries. Elsevier MDL is independent of Sun Microsystems, Inc. IBM is a registered trademark of IBM Corporation. Microsoft is a registered trademark of the Microsoft Corporation in the United States and/or other countries. The name 'MDL ISIS for Excel' is referential only, and implies no company or product endorsement from, or affiliation with, the Microsoft Corporation. Oracle is a registered trademark of the Oracle Corporation in the United States and/or other countries. ScienceDirect is a registered trademark of Elsevier B.V. All other product and company names may be trademarks or registered trademarks of their respective holders, in the United States and other countries. Prous Science is a registered trademark in the United States of Prous Science, S.A. MDL® Drug Data Report database contains material belonging to Prous Science, S.A., © Copyright 1989-2006.

 
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Links to Other Sites

The Site may contain hyperlinks to other sites or resources that are provided solely for your convenience. Elsevier MDL is not responsible for the availability of external sites or resources linked to the Site, and does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from such sites or resources. Transactions that occur between you and any third party are strictly between you and the third party and are not the responsibility of Elsevier MDL. Because Elsevier MDL is not responsible for the availability or accuracy of these outside resources or their contents, you should review the terms and conditions and privacy policies of these linked sites, as their policies may differ from ours.

 
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Disclaimer of Warranties and Liability

Neither Elsevier MDL, its affiliates, nor any third-party content providers or licensors makes any warranty whatsoever, including without limitation, that the operation of the Site will be uninterrupted or error-free; that defects will be corrected; that this Site, including the server that makes it available, is free of viruses or other harmful components; as to the results that may be obtained from use of the Content or other materials on the Site; or as to the accuracy, completeness, reliability, availability, suitability, quality, non-infringement or operation of any Content, product or service provided on or accessible from the Site.

THIS SITE AND ALL CONTENT, PRODUCTS AND SERVICES INCLUDED IN OR ACCESSIBLE FROM THIS SITE ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OR REPRESENTATIONS OF ANY KIND (EXPRESS, IMPLIED AND STATUTORY, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF TITLE AND NONINFRINGEMENT AND THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE), ALL OF WHICH MDL DISCLAIMS TO THE FULLEST EXTENT PERMITTED BY LAW. YOUR USE OF THE SITE IS AT YOUR SOLE RISK.

To the extent permissible under applicable laws, no responsibility is assumed for any injury and/or damage to persons or property as a matter of products liability, negligence or otherwise, or from any use or operation of any ideas, instructions, methods, products or procedures contained in the Site. If the Content contained on this site contains medical or health sciences information, it is intended for professional use within the medical field. No suggested test or procedure should be carried out unless, in the reader's judgment, its risk is justified. Because of rapid advances in the medical sciences, we recommend that the independent verification of diagnoses and drug dosages should be made. Discussions, views, and recommendations as to medical procedures, products, choice of drugs, and drug dosages are the responsibility of the authors.

NEITHER ELSEVIER MDL NOR ANY OF ITS AFFILIATES OR LICENSORS SHALL BE LIABLE TO YOU OR ANYONE ELSE FOR ANY LOSS OR INJURY, CAUSED IN WHOLE OR PART BY ITS NEGLIGENCE OR CONTINGENCIES BEYOND ITS CONTROL IN PROCURING, COMPILING, INTERPRETING, REPORTING OR DELIVERING INFORMATION THROUGH THE SITE. IN NO EVENT WILL ELSEVIER MDL, ITS AFFILIATES OR LICENSORS BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DECISION MADE OR ACTION TAKEN BY YOU IN RELIANCE ON SUCH INFORMATION. ELSEVIER MDL AND ITS AFFILIATES AND LICENSORS SHALL NOT BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DAMAGES (INCLUDING, WITHOUT LIMITATION, CONSEQUENTIAL, SPECIAL, INCIDENTAL, INDIRECT, OR SIMILAR DAMAGES) EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Elsevier MDL neither endorses nor takes responsibility for any products, goods or services offered by outside vendors through our services or advertised on our Site.

 
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Systems Reliability

Elsevier MDL aims to keep the Site available twenty-four (24) hours a day, seven (7) days a week and to maintain saved information. However, due to technical failures, acts of God or routine maintenance, availability may be limited and/or information may be lost. Elsevier MDL shall not be liable for lost information or non-availability of the services.

 
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Indemnification

You hereby agree to indemnify, defend and hold Elsevier MDL, its directors, officers, shareholders, parents, subsidiaries, affiliates, agents and licensors harmless from and against any and all liability, losses, damages and costs, including, without limitation, reasonable attorneys' fees, arising from your use of the Site or Content.

 
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Export Control

You acknowledge that U.S. and other foreign agencies' or authorities' export laws, restrictions and regulations apply to this site, including the Export Administration Regulations of the U.S. Department of Commerce, which prohibit the export or re-export of certain products and their underlying technology and information to certain countries and persons. You agree to comply strictly with all U.S. and foreign agencies' or authorities' export laws, regulations and orders, and assume sole responsibility for obtaining any required licenses to export or re-export products and their underlying information and technology.

 
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Notice and Procedure for Making Claims of Copyright Infringement

Elsevier MDL may remove content that appears to infringe the copyright or other intellectual property rights of others. In addition, Elsevier MDL may terminate the accounts of users who appear to infringe the copyright or other intellectual property rights of others.

If you believe that your copyrighted material may have been infringed, please submit a written Notification to Elsevier MDL's Designated Agent, David Hall, Elsevier MDL, 2440 Camino Ramon, Suite 300, San Ramon, CA 94583, USA, Tel.: (925) 543-5400, E-mail: D.Hall@mdl.com, and provide the following information in the Notification:

  1. A physical or electronic signature of the person authorized to act on behalf of the owner of the copyright interest.
  2. An identification of the copyrighted work claimed to have been infringed.
  3. An identification of the material that you claim is infringing so that we may locate it on the site.
  4. Your address, telephone number and email address.
  5. A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent or the law.
  6. A statement by you that the above information in your Notification is accurate, made under penalty of perjury, and that you are authorized to act on behalf of the owner of the copyright interest involved.
  1. Upon receipt of the written Notification containing the information as outlined in 1 through 6 above:Elsevier MDL shall remove or disable access to the material that is alleged to be infringing;
  2. Elsevier MDL shall forward the written notification to such alleged infringer ("Subscriber");
  3. Elsevier MDL shall take reasonable steps to promptly notify the Subscriber that it has removed or disabled access to the material.
 
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Governing Law and Venue

These Terms and Conditions shall be governed by and construed in accordance with the laws of the State of California without regard to its conflicts of law provisions. You hereby submit to exclusive jurisdiction in the State of California and further agree that any cause of action arising out of or in connection with this Agreement shall be brought only in the federal or state courts in the city and county of San Francisco, California.

Elsevier MDL makes no representation or warranty that any communications or materials on the site are lawful in other jurisdictions or available for use in all jurisdictions, and accessing them from territories where their contents are illegal is prohibited. You agree that if you access our Site from another jurisdiction that you are responsible for compliance with local laws.

 
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