For end users who are not professional users (“professional users” are clinicians, pharmacists, faculty, students, or other personnel of providers, payers, academic medical institutions, healthcare advisors or the like):
Please read the following terms of use (“agreement”) carefully. By accessing or using the licensed materials, you accept all of the terms and conditions of this agreement and agree to be bound by this agreement. If you do not accept the terms of this agreement, you are not permitted to access or use the licensed materials. This is a legal contract between UpToDate, inc. And/or its affiliates, including, without limitation, Emmi solutions, LLC (“Emmi”, and collectively with UpToDate, inc., “UpToDate”) and the entity or individual using any content, data, database, documentation, information, materials, mobile applications, products, services, software, solutions or websites created, published or owned by UpToDate or its licensors (“licensed materials”).
1. License: Subject to, and in consideration of, your full compliance with this Agreement, UpToDate grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license and right to access and use the Licensed Materials solely for your personal, educational and informational non-commercial use, and, to the extent prescribed or made available to you by a health care provider or other party (your “Heath Care Provider”), in accordance with the instructions of your Health Care Provider and any terms and conditions set forth in any applicable agreement by and between UpToDate and your Health Care Provider.
2. Ownership: UpToDate and/or its licensors shall be the exclusive owner of all rights, title and interests, including all intellectual property rights, in and to: (a) the Licensed Materials, (b) any related work product, (c) any and all translations, adaptations, developments, customizations, revisions, enhancements, modifications, improvements and corrected versions or derivations of or to the Licensed Materials, whether or not developed by or for you, and (d) Feedback (as defined below). You shall have no rights, title or interest therein or thereto, other than the limited license expressly set forth in this Agreement. UpToDate and/or its licensors do not, and shall not be deemed to, transfer to you any intellectual property rights, whether as “work-for-hire” or otherwise, other than the right to access and use the Licensed Materials in accordance with this Agreement.
3. Prohibited uses: Unless otherwise expressly permitted under this Agreement, you shall not: (a) permit access and use of the Licensed Materials by any third parties, (b) distribute, transmit, publish, transfer or commercially exploit any Licensed Materials, in whole or in part; (c) transfer or share access, usernames, or passwords to or with anyone, (d) attempt to defeat or circumvent any system designed to protect access to the Licensed Materials, (e) print, download, upload, copy, or extract the Licensed Materials, except as expressly permitted in writing, (f) modify, translate, reverse engineer, decompile, disassemble, or attempt to derive or alter any of the Licensed Materials or any underlying source code or software, or create any derivative works, including, but not limited to, transformations, translations, correlations, hashes, vectors, matrices, indices, hyperlinks, tables, extractions, algorithms, and/or models, (g) use the Licensed Materials to provide service bureau, time sharing, or similar services to third parties, (h) use the Licensed Materials to train, process or input the Licensed Materials by or into automated software, services or tools, including, but not limited to, artificial intelligence solutions, algorithms, machine learning, large language models, robots, spiders, crawlers, search engines, text or data mining (including within the meaning of European Union (“EU”) Directive (EU) of the European Parliament and of the Council of 17 April 2019 on copyright and related rights in the Digital Single Market, as amended (“Copyright Directive”) or other like laws) or any other aggregation functionality, (i) sublicense the Licensed Materials, or make any attempt to do so, or take any action compromising UpToDate’s rights in the Licensed Materials, (j) sell, assign, transfer, rent, lease, pledge, or encumber the Licensed Materials, including access thereto, or make any attempt to do so, (k) use the Licensed Materials or the information contained therein or results derived therefrom, to develop any tools, products or services that could be competitive with the Licensed Materials or any other tools, products or services provided by UpToDate or its Affiliates, or (l) alter, remove, truncate, hinder delivery or otherwise modify the format, scope or access to, the Licensed Materials, in whole or in part, including but not limited to, any formatting, ordering or placement of the Licensed Materials or any content therein, or any copyright, disclaimer, notice, warning, data expiration date, or last updated date included in the Licensed Materials. Section 3(h) shall be construed as a reservation made by UpToDate within the meaning of Article 4(3) of the Copyright Directive or any other like law.
You agree that you will provide only accurate and current information through the Licensed Materials and will not impersonate anyone else in your access and use of the Licensed Materials. You agree to comply with all applicable laws, including all U.S. export laws and regulations, in connection with your access to, and use of, the Licensed Materials. You shall not use the Licensed Materials, any portion thereof or any information derived therefrom, to directly or indirectly develop or assist any third party in developing any content, product(s), or service(s) in any format similar to, or which could be competitive with, the Licensed Materials or any other content, product(s), or service(s) provided by UpToDate.
4. Additional terms: The following additional terms, conditions or agreements apply to your access and use of specific content or certain functionality within the Licensed Materials or to a specific product or service. To the extent there is a conflict between this Agreement and any additional terms, the provisions of the additional terms will control.
A. UpToDate® Patient and/or Member Engagement products and/or services (“Emmi Solutions”) were developed for use in the United States (U.S.).
B. UpToDate® products and/or services (“UpToDate Solutions”) may include third party functionality for search (“Search Services”). End users may not use the Search Services to (i) copy, modify, create a derivative work of, reverse engineer, decompile, translate, disassemble, or otherwise attempt to extract any of the source code of the third party functionality (except to the extent such restriction is expressly prohibited by applicable law) or any components of any Search Services, software, or their models, (ii) access or use the Search Services: (a) for High Risk Activities (i.e., activities where the use or failure of the Search Services would reasonably be expected to result in death, serious personal injury, or severe environmental or property damage); (b) for materials or activities that are subject to the International Traffic in Arms Regulations (ITAR) maintained by the United States Department of State; (c) to transmit, store, or process health information subject to United States HIPAA regulations except as permitted by an executed HIPAA BAA; or (d) directly or indirectly develop a similar or competing product or service or models that compete with the Search Services being used, or with respect to such a model, use output from the Search Services to substitute, replace, or circumvent its use, directly or indirectly, or create or improve models similar thereto. End users may not use Search Services to generate and distribute content intended to misinform, misrepresent or mislead, including, but not limited to, making automated decisions in domains that affect material or individual rights or well-being (e.g., healthcare, insurance, and social welfare) or for clinical purposes without review by a health industry professional in compliance with applicable laws and regulations (for clarity, non-clinical research, scheduling, or other administrative tasks is not restricted), as a substitute for professional medical advice, or in any manner that is overseen by or requires clearance or approval from any applicable regulatory authority.
5. No medical advice: UpToDate is not is not a Health Care Provider nor is it engaged in the practice of medicine, and the Licensed Materials are not intended to provide medical pharmaceutical, business, or other professional advice, or patient services in connection with this Agreement, including the diagnosis or treatment or substitute for an individual patient assessment based on a qualified Health Care Provider’s evaluation of each patient, including factors unique to such patient. The Licensed Materials: (a) are intended and presented only for general educational purposes as a guide and reference, and are not intended and presented to be, and should not be used as, a substitute for professional medical advice and judgment and should not be relied upon or construed to indicate that use of a pharmaceutical or treatment is safe, appropriate, or effective for a specific individual, (b) are not comprehensive and do not cover all uses, precautions, side effects, warnings, and interactions related to pharmaceuticals or treatments, (c) may not apply to any specific medical condition, (d) were developed for use in the U.S. to primarily cover pharmaceuticals legally available in the U.S., (e) have not been reviewed for compliance with federal or state pharmaceutical marketing, advertising, and disclosure statutes or regulations, and (f) are subject to change without notice. The Licensed Materials contain generalized information and are not intended to take into consideration any patient specific attributes, including age, weight, gender, health history, current health conditions or concurrent therapies, treatments or medications. To the extent you are prescribed the Licensed Materials by your Health Care Provider, you may only use the Licensed Materials as so prescribed and in accordance with your Health Care Provider’s instructions. You acknowledge that any professional duty to you (including the dispensing of drug prescriptions, provision of drug information, substitution of one drug product for another, availability of generic substitutable alternative drug products, and answering questions a patient may have) lies solely with Your Health Care Provider providing patient care or pharmacy services.
UpToDate is not responsible or liable for any advice, course of treatment, diagnosis, or any other information or services, including health care services, that you may obtain through your Health Care Provider. While information may be updated from time to time, it may not include the most recent information potentially available regarding any health condition, treatment, therapy or medication. The Licensed Materials should not be used if you are in a life-threatening or emergency medical situation. If you have any questions about your health, including any medical condition or treatment, please contact your Health Care Provider or, if you have a medical emergency, call 911.
6. Term: You have obtained the right to use and access the Licensed Materials for the period during which you or your Health Care Provider have a valid subscription to the Licensed Materials. At the end of this period, your license and your associated rights will automatically expire. UpToDate may embed technology in the Licensed Materials causing it to become inaccessible after the applicable subscription period. This Agreement and your license to use the Licensed Materials will also terminate if you fail to comply with any term or condition in this Agreement. In addition to any termination rights available to UpToDate under this Agreement, if you: (a) fail to pay any subscription fees in full to UpToDate when due and payable, (b) materially breach your obligations with respect to the access and use of the Licensed Materials, or (c) cause or permit a security risk to, or an adverse impact on, the Licensed Materials or UpToDate’s intellectual property rights therein, UpToDate may immediately suspend your access to the relevant Licensed Materials until such breach(es) are cured. UpToDate may electronically monitor your compliance with this Agreement or your access and use of the Licensed Materials for compliance with this Agreement and reserves the right in its sole discretion to disable or suspend your access to the Licensed Materials, to change and or cancel your username and password (if applicable), or to disable an IP address without notice in the event of multiple concurrent logins, excessive search quantities or excessive download traffic volumes or any other suspicious or potentially threatening behavior.
7. No transfer: You may not sublicense, assign, share, sell, rent, lease, or otherwise transfer your right to use the Licensed Materials (including your username and password, if applicable) whether by merger, operation of law, or otherwise. Any attempted transfer by you of this Agreement or any of your rights or obligations hereunder shall be void and of no effect.
8. U.s. government rights: The Licensed Materials provided by UpToDate are a “commercial item” as that term is defined at FAR 2.101. If acquired by or on behalf of a civilian agency, the U.S. Government acquires the Licensed Materials (including, without limitation, commercial computer software and/or commercial computer software documentation and other technical data, as those terms are defined in FAR 2.101) subject to the terms of this Agreement as specified in FAR 12.212 (“Computer Software”) and 12.211 (“Technical Data”). If acquired by or on behalf of any agency within the Department of Defense, the U.S. Government acquires the Licensed Materials (including, without limitation commercial computer software and/or commercial computer software documentation and other technical data, as those terms are defined in FAR 2.101) subject to the terms of this Agreement as specified in DFARS 227.7202-3. This U.S. Government Rights clause is in lieu of, and supersedes, any other FAR, DFARS, or other clause or provision that addresses government rights in Computer Software or Technical Data under this Agreement.
9. Disclaimer: the licensed materials are provided “as is” without warranty of any kind, either express or implied. UpToDate and/or its licensors disclaim and exclude any and all other representations and warranties, including any implied warranties of title, non-infringement, merchantability or fitness for a particular purpose, accuracy, completeness, comprehensiveness, or compatibility of any content contained in the licensed materials relating to any medical treatment, condition, reactions, drug usage, diagnosis, prices, effectiveness or applicability to any particular person, irrespective of any course of dealing or performance, custom or usage of trade. UpToDate and/or its licensors do not warrant that the licensed materials or any component thereof will be uninterrupted, that its use or operation will be error or defect free, that the licensed materials or any component thereof will always be accessible or available, or that all defects will be corrected.