IMPORTANT - READ CAREFULLY: This End User License Agreement (the "Agreement") is a legal agreement between you (either an individual or an entity) and the National Comprehensive Cancer Network, Inc. ("NCCN") for access to and use of the World Wide Web version (the "Web Version") of the NCCN Clinical Practice Guidelines in Oncology, which, together with any updates, are referred to collectively as the "Guidelines" published on the NCCN web site (the "Web Site"). BY CLICKING ON THE "I AGREE" BUTTON BELOW, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS LICENSE AGREEMENT. IF YOU DO NOT AGREE WITH THE TERMS OF THIS LICENSE AGREEMENT, DO NOT VIEW, ACCESS, OR USE THE WEB VERSION OF THE GUIDELINES.

1. Grant of License.

NCCN hereby grants to you a non-transferable, non-exclusive, limited license to access and use the Guidelines subject to the terms set forth in this License Agreement.

2. Proprietary Rights.

You acknowledge that, as between you and NCCN, NCCN is the owner of all right, title and interest in and to the Guidelines, including, without limitation, all copyrights, trademarks, goodwill, derivative works, and other intellectual property and proprietary rights related thereto. Except for the limited rights expressly enumerated herein, you are not granted any rights relating to copyrights, trade names, trademarks (whether registered or unregistered) or any other rights, franchises or licenses with respect to the Guidelines or NCCN. You hereby agree that you shall not at any time dispute, challenge, or contest, directly or indirectly, NCCN's right, title and interest in and to the Guidelines, or assist or aid others to do so.

3. Restrictions on Use.

You may not copy, transfer, reproduce, or create derivative works from, any part of the Guidelines for any reason. You may make and retain file copies of "Insubstantial Portions" of the Guidelines solely for your internal purposes. "Insubstantial Portions" means a quantity of data from the Guidelines that would not reasonably substitute for a comprehensive copy of the Guidelines and would not prejudice or diminish NCCN's advantage in licensing the Guidelines for commercial gain. Notwithstanding the foregoing, you may include Insubstantial Portions of the Guidelines in materials prepared in the ordinary course of your business for re-distribution to patients in connection with the delivery of your principal services. Any such materials shall cite NCCN as the source of the Guidelines and provide notice of NCCN's copyrights and other proprietary rights, as follows: © National Comprehensive Cancer Network, Inc. 2005/2006. NCCN and NATIONAL COMPREHENSIVE CANCER NETWORK are registered trademarks of National Comprehensive Cancer Network, Inc. You shall provide NCCN with examples of re-distributed materials including any portion of the Guidelines upon NCCN's reasonable request, but shall not be required to provide confidential information to NCCN. You agree to immediately cease any such re-distribution on receipt of notice from NCCN that, in NCCN's reasonable judgment, such re-distribution involves more than an Insubstantial Portion of the Guidelines or is otherwise in violation of this Agreement.

4. Limited Warranty; Disclaimers; Limitation of Damages.

The Guidelines are a statement of consensus of its authors regarding their views of currently accepted approaches to treatment. Any clinician seeking to apply or consult the Guidelines is expected to use independent medical judgment in the context of individual clinical circumstances to determine any patient's care or treatment.

NCCN MAKES NO WARRANTIES CONCERNING THE GUIDELINES OR ANY ELECTRONIC DELIVERY MEDIA SUPPLIED BY NCCN, WHICH ARE PROVIDED "AS IS." NCCN DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. NCCN DOES NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE GUIDELINES AND DOES NOT WARRANT OR GUARANTEE OR MAKE ANY REPRESENTATION REGARDING THE USE OR THE RESULTS OF THE USE OF THE GUIDELINES. IN NO EVENT SHALL NCCN OR ITS MEMBERS BE LIABLE FOR ANY INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE LICENSE GRANTED UNDER THIS AGREEMENT OR USE OF THE GUIDELINES INCLUDING, WITHOUT LIMITATION, LOSS OF LIFE, LOSS OF DATA, LOSS OF INCOME OR PROFIT, OR OTHER LOSSES SUSTAINED AS A RESULT OF INJURY TO ANY PERSON, OR LOSS OR DAMAGE TO PROPERTY, OR CLAIMS OF THIRD PARTIES, EVEN IF NCCN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF IMPLIED WARRANTIES OR LIABILITY FOR INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY.

FOR ANY CLAIM YOU MAY HAVE AGAINST NCCN UNDER THIS AGREEMENT, YOUR EXCLUSIVE REMEDY AND NCCN'S ENTIRE LIABILITY SHALL BE TO PROVIDE REPLACEMENT GUIDELINES TO YOU.

5. Trademarks.

NCCN and the NATIONAL COMPREHENSIVE CANCER NETWORK are trademarks (the "Marks") of the National Comprehensive Cancer Network, Inc. and nothing in this Agreement shall constitute a license with respect to such trademarks. You shall not use the Marks or any confusingly similar Marks for any purpose, including, without limitation, for purposes of marketing or promoting your services, without the prior written approval of NCCN, which approval may be withheld in NCCN's sole discretion. Each approved use of the Marks shall require the independent written approval of NCCN.

6. Updates and Corrections.

NCCN does not represent or warrant that the Web Site or the Guidelines are or will be error-free, free of viruses or other harmful components, or that errors or defects will be corrected. NCCN hereby reserves the right make improvements and/or changes to the Web Site, its content, features, functionality and/or to the Guidelines at any time.

7. Modification of License Agreement.

NCCN reserves the right to change the terms of this Agreement at any time. Updated versions of this Agreement will appear on this Web Site and are effective immediately. You are responsible for regularly reviewing this Agreement. Continued use of the Web Site or the Web Version of the Guidelines after any such changes constitutes your assent to be bound by such changes.

8. Remedies for Violation.

NCCN reserves the right to seek all remedies available at law and in equity for violations of this License Agreement, including but not limited to the right to block access from the Web Site or that portion of the Web Site containing the Web Version of the Guidelines.

9. General.

This Agreement contains the entire agreement between NCCN and you relating to its subject matter. No amendment, change, or modification of this Agreement shall be binding on either party unless mutually agreed to by the parties in writing. If any provision of this Agreement is held to be invalid or unenforceable by a court of competent jurisdiction, the validity and enforceability of the remaining provisions shall not be affected thereby. This Agreement will be governed by and construed in accordance with the laws of the Commonwealth of Pennsylvania without giving any effect to the conflict of law provisions thereof, and each party agrees to submit to personal jurisdiction in the federal and state courts of Pennsylvania and waives any objection to venues in said courts. This Agreement will not be governed by the United Nations Conventions of Contracts for the International Sale of goods, the application of which is expressly excluded. You agree that the Guidelines will not be shipped, transferred or exported into any country or used in any manner prohibited by the United States Export Administration Act, or any other export laws, restrictions. This Agreement will terminate automatically upon failure by you to comply with its terms.

BY CLICKING ON THE "I AGREE" BUTTON, YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, UNDERSTAND IT, AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS.