USP PICTOGRAM LICENSE AGREEMENT
By using these Pictograms, you accept the terms and conditions of this License Agreement between you ("Licensee") and The United States Pharmacopeial Convention, Inc. ("Licensor"). By clicking on the ACCEPT button, you are consenting to be bound by this Agreement. If you do not agree to all of the terms of this Agreement, do not use or download the Pictograms.
GRANT: Subject to the provisions contained herein, Licensor hereby grants to Licensee a non-exclusive license to use the accompanying Pictograms free of charge. This license is not a sale of the original Pictograms, or any copies thereof. Licensor retains all rights to the Pictograms not expressly granted to Licensee in this Agreement TITLE: Title, ownership rights and intellectual property rights in and to the Pictograms remain in Licensor. Licensor retains the ownership of the Pictograms and any copies of the Pictograms, regardless of the form in which they may exist. The Pictograms are protected by the copyright laws of the United States and international copyright treaties. Copies of the Pictograms shall be subject to this Agreement and shall contain all of Licensor's notices regarding proprietary rights as contained in the Pictograms originally provided to Licensee. USER RESTRICTIONS: Except as expressly authorized in this Agreement, Licensee shall not modify, adapt, disassemble, decompile the Pictograms or create derivative works based on the Pictograms. Licensee may not rent, lease, sublicense, sell, assign, or pledge the Pictograms. Pictograms are intended to be used in a fashion that will reinforce other printed or oral instructions and as a reminder to patients as to the proper way to take or store their medication. It is possible that an individual reacting to the Pictograms will have a different interpretation than what is intended. Because of this potential for misinterpretation, the Pictograms should not be used as the sole means of transferring information to the patient. If pages using multiple Pictograms are used for patient education purposes, the provider should cross out Pictograms that do not apply to a specific medication or otherwise indicate those symbols which are or are not applicable to that patient. Each Pictogram should be accompanied by USP's copyright notice, as indicated in the samples. TERMINATION: This license is effective until terminated. This license will terminate automatically without notice from Licensor if Licensee fails to comply with any provision of this Agreement. Upon termination, Licensee shall immediately discontinue the use of the Pictograms and destroy all copies of the Pictograms. The other provisions of this Agreement shall survive any such termination of the license granted hereunder. DISCLAIMER OF WARRANTY: Other than those warranties which are incapable of exclusion, restriction or modification under the laws applicable to this Agreement, the Pictograms are distributed on an "as is" basis without warranties of any kind, either expressed or implied, including but not limited to implied warranties of merchantability or fitness for a particular purpose or use with respect to the Pictograms. No affirmation of Licensor by work or action shall constitute a warranty. Licensee expressly agrees that use of the Pictograms is at the Licensee's sole risk.
LIMITATION OF LIABILITY: UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, TORT, CONTRACT, OR OTHERWISE, SHALL LICENSOR BE LIABLE TO LICENSEE OR ANY OTHER PERSON FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER DAMAGES OR LOSSES. LICENSEE'S SOLE REMEDY FOR ANY BREACH OF WARRANTIES WHICH ARE IMPLIED BY LAW AND INCAPABLE OF EXCLUSION, RESTRICTION, OR MODIFICATION UNDER THE LAWS APPLICABLE TO THE PROVISIONS OF THIS PARAGRAPH WILL SURVIVE ANY TERMINATION OF THIS AGREEMENT.
EXPORT: Licensee may not download or otherwise export or re-export the Pictograms into any country or used in any manner prohibited by the United States Export Administration Act or any other export or import laws, restrictions, or regulations. GOVERNING LAW: This Agreement represents the complete and exclusive statement of the license between the parties and supersedes all prior agreements and representations between them. It may be amended only in writing executed by both parties. If any provision of this Agreement is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable. This Agreement shall be governed by and construed under Maryland law, except as governed by Federal law.
Please describe how you intend to use the pictograms (pamphlets, web site, medication guide, etc.).