Disclaimer
USERS (COLLECTIVELY "YOU" OR "YOUR") OF THIS PARENTERAL
DATABASE ("DATABASE") EXPRESSLY AGREE THAT THE USE OF THE DATABASE IS AT
YOUR SOLE RISK. UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, INCLUDING,
WITHOUT LIMITATION, TORT, CONTRACT, STRICT LIABILITY, OR OTHERWISE, SHALL
PHARMQUEST CORPORATION ("COMPANY") BE LIABLE TO YOU, YOUR COMPANY, OR TO
ANY OTHER PERSON OR BUSINESS ENTITY FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL,
CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF OR RELATING TO THE USE
OF THE DATABASE, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOST PROFITS,
LOSS OF GOODWILL, WORK STOPPAGE, ACCURACY OF RESULTS, COMPUTER FAILURE OR
MALFUNCTION, DAMAGES RESULTING FROM DISABLING OF THE MATERIAL RELATED TO
NON-PAYMENT OF FEES, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES.
IN NO EVENT WILL COMPANY BE LIABLE FOR ANY DAMAGES IN EXCESS OF THE FEES
PAID BY YOU IN CONNECTION WITH THE USE OF THE DATABASE, EVEN IF COMPANY
SHALL HAVE BEEN INFORMED OF THE POSSIBILITIES OF SUCH DAMAGES, OR FOR ANY
CLAIM BY ANY OTHER PARTY. YOUR SOLE AND EXCLUSIVE REMEDY HEREUNDER SHALL
BE FOR YOU TO TERMINATE USE OF THE DATABASE.
IN ADDITION, YOU AGREE TO INDEMNIFY, HOLD HARMLESS AND DEFEND COMPANY, ITS
SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS FROM AND AGAINST
ANY ACTION, CAUSE, CLAIM, DAMAGE, DEBT, DEMAND OR LIABILITY, INCLUDING REASONABLE
COSTS AND ATTORNEY'S FEES, ASSERTED BY ANY PERSON, ARISING OUT OF OR RELATING
TO YOUR USE OF DATABASE. COMPANY RESERVES THE RIGHT, IN ITS SOLE DISCRETION
AND AT YOUR EXPENSE, TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY
MATTER OTHERWISE SUBJECT TO THIS DISCLAIMER. YOU WILL COOPERATE AS FULLY
AS REASONABLY REQUIRED IN THE DEFENSE OF ANY CLAIM. |
