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FIRST DATABANK, INC. (FDB) END USER PASS-THROUGH TERMS AND CONDITIONS

By accessing the FDB Drug Images (“Drug Images”), you (the “End User”) agree as follows:

  1. 1.DISCLAIMER OF WARRANTY.

    END USER AGREES THAT THE FDB DRUG IMAGES ARE PROVIDED ON AN "AS IS" BASIS, FDB MAKES NO WARRANTY OR REPRESENTATION, EXPRESS OR IMPLIED, AS TO THE ACCURACY OF THE DATA FROM WHICH THE DRUG IMAGES ARE COMPILED AND SPECIFICALLY DISCLAIMS THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE

  2. 2.Assumption of Risk.

    Without limitation of the disclaimer of warranties set forth above, End User acknowledges and agrees that:

    FDB does not assume any responsibility for actions of End User or any personnel which may result in any liability or damages due to malpractice, failure to warn, negligence or any other basis. End User and the other health care providers responsible for patient care shall retain full responsibility for all decisions relating to patient care.

  3. 3.LIMITATION OF LIABILITY: INDEMNITY.

    IN NO EVENT WILL FDB BE LIABLE TO END USER FOR ANY LOST REVENUES, PROFITS, DATA OR OTHER INFORMATION, OR FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, ARISING OUT OF THE USE OF OR INABILITY TO USE THE DRUG IMAGES OR ARISING OUT OF OR IN ANY OTHER WAY CONNECTED WITH THE LICENSE GRANTED TO END USER HEREIN, EVEN IF FDB HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FDB SHALL HAVE NO LIABILITY TO END USER, WHETHER ARISING UNDER CONTRACT OR OTHERWISE.

    End User hereby covenants and agrees to indemnify and hold FDB harmless from and against any liability, loss, injury or expense (including reasonable attorneys' fees and court costs) imposed upon, incurred or suffered by FDB relating to or arising out of any allegation or claim by any third party that the use of the Drug Images, or any information contained therein, caused or contributed to the personal injury or death of an individual unless the allegation or claim is determined by a court of competent jurisdiction to be the result of FDB's gross negligence or willful misconduct.

  4. 4.Third Party Beneficiary.

    End User acknowledges and agrees that FDB is a third party beneficiary of these End User Pass-Through Terms and Conditions.