Elsevier Care Plans Product Specific Terms

Elsevier Care Plans (“Product”)

Product Content. Customer acknowledges and agrees that Elsevier will have complete editorial freedom with respect to the form and content of the Product. Elsevier reserves the right to withdraw content that it no longer retains the right to provide or that it has reasonable grounds to believe is unlawful, harmful, false or infringing. In addition, Elsevier may withdraw certain content for editorial, usage, currency, or other commercially reasonable reasons.

Restrictions on Use. Except as otherwise permitted, Customer may not: (i) abridge, modify, translate or create any derivative work and/or service (including resulting from the use of artificial intelligence tools), based on the Products, except to the extent necessary to make them perceptible on a computer screen; (ii) use any robots, spiders, crawlers or other automated downloading programs, tools, or devices to search, scrape, extract, deep link, and/or disrupt the working of the Products; (iii) substantially or systematically reproduce, retain, store locally, redistribute or disseminate the Products; (iv) use the Products in combination with an artificial intelligence tool (including to train an algorithm, test, process, analyze, generate output and/or develop any form of artificial intelligence tool); (v) post individual items from the Products on social networking sites; (vi) utilize the Product in any closed loop system (i.e., any system that provides medical care without intervention); or (vii) copy the Product or any related information, except for limited portions for user manuals which reasonably may be duplicated solely for Customer’s internal use, provided that all such copies are marked with Elsevier’s confidentiality and copyright notices.

Medical Care/Customer Indemnity. Elsevier provides no medical advice in connection with the Products. Customer shall have sole responsibility for the care and well-being of its patients, and any reliance by it upon the Product shall not diminish that responsibility. Customer is fully and solely responsible for determining the appropriateness of the content chosen for each patient, based on the
medical condition and needs of said patient, and is solely liable for the consequences of providing inappropriate or incorrect information to patients. Customer agrees to defend, indemnify and hold Elsevier harmless against all claims, costs, expenses liabilities (including reasonable attorney’s fees) arising from third party claims asserted against Elsevier related to the foregoing.

CUSTOMER AGREES THAT IN NO EVENT SHALL THE AGGREGATE LIABILITY OF ELSEVIER, ITS LICENSORS, SUPPLIERS, SUBCONTRACTORS, PARENT, SUBSIDIARIES OR AFFILIATES EXCEED THE AMOUNT OF FEES PAID BY CUSTOMER FOR THE PRODUCT DURING THE TWELVE (12) MONTH PERIOD IMMEDIATELY PRECEDING THE DATE ON WHICH THE CLAIM AROSE.