Newsfeed Licensing Agreement


This Agreement describes the conditions under which you are permitted to display the RSS newsfeeds provided by the National Community Pharmacist Association (the "Feeds") on your own Web site (see the Terms of Use for additional information). By using the Feeds you are indicating that you accept the terms of this Agreement. The National Community Pharmacist Association ("NCPA") may revise this Agreement at any time without notice, and your continued use of the Feeds indicates your acceptance of the revised terms. It is your responsibility to check the terms of this Agreement.

Copyright

The content of the Feeds and any software supplied to utilize them are the property of NCPA and are protected by U.S. and international copyright laws. NCPA grants you a non-exclusive, non-transferable, non-assignable, personal, terminable at any time, license to use the Feeds provided by NCPA to display limited listings on your own Web site according to the terms of this Agreement. You are prohibited from modifying, renting, leasing, selling, distributing, mirroring, imitating the design elements of, or creating derivative works based on the Feeds, including images, in whole or in part, other than displaying them on your Web site as described, without explicit written permission from NCPA. NCPA may request information, such as URLs, where Feed data will be displayed for the purpose of verifying compliance with this Agreement. You agree to provide truthful and complete responses to such inquiries.

Trademarks and Service Marks

NCPA is a service marks of the National Community Pharmacist Association. You may make fair use of these marks in referring to our products and services as long as you provide standard attribution. Any other use is prohibited.

Display Requirements and Restrictions

Use of the Feeds must be accompanied by a clearly visible link that takes the user to http://www.ncpanet.org or to the corresponding current articles page for that category on NCPAnet.org, and the text "powered by NCPA" or simply "NCPAnet.org" must be clearly displayed in close proximity to the Feeds listing. You may not display the Feeds in a way that creates ambiguity about NCPA's ownership of the data, or which otherwise damages the reputation of NCPA. You may not frame the articles. You may not merge the Feeds with feeds or content from other sources. You may not reproduce the content of Feeds or associated articles themselves without the explicit permission of NCPA. You may not display the feed data on sites that contain or condone pornography, bigotry, illegal activities, or are otherwise offensive as determined by NCPA in its sole discretion.

Fetching Data, Caching and Restrictions on Archiving

You may only display the Feeds and/or article citations currently provided by the Feeds through http://www.ncpanet.org. You are encouraged to cache the current copy of the Feeds you are using on your local server to improve the response time of your Web site and reduce the strain on the NCPA server. You may not, however, archive or display old data sets, and you may not display listings resulting from merging data fetched at different times. You may not fetch data from the Feeds more frequently than is reasonably necessary.

Publicity

You agree that NCPA may use your name or logo in press releases and marketing materials that list users of the NCPA Feeds. You may not, without advance written permission, publish or distribute marketing materials claiming any sort of affiliation or partnership with NCPA.

Control of the Data Feeds

NCPA reserves the right to change or remove feeds, modify or remove article citations, magazines, or other content, and correct errors or omissions in any part of the Feeds, at any time, without cause or notice.

Access Restrictions

NCPA reserves the right to terminate or restrict your access to the Feeds, at any time, without cause or notice.

Privacy

Please view our Privacy Policy for details on the information we collect and how it is used. Note that we may disclose information if we believe in good faith that it is necessary to satisfy any law or regulation.

Feedback Information

Any feedback information provided to NCPA shall be provided on a non-confidential basis. NCPA shall be free to use such information on an unrestricted basis. By providing feedback information you hereby grant to NCPA a perpetual, worldwide, irrevocable, unrestricted, non-exclusive, royalty-free license to use, copy, license, sublicense, adapt, distribute, display, publicly perform, reproduce, transmit, modify, edit, and otherwise exploit such feedback, subject to NCPA's Privacy Policy, in all media now known or hereafter developed.

Links and Third Parties

NCPA Feeds may be displayed on numerous third party Web sites. Such sites may contain material that is offensive to certain users. NCPA does not control the content of those sites and does not vouch for the quality, legality or suitability of any information, services, or products they provide.

Disclaimer of Warranties

NCPA Feeds are a service provided by the National Community Pharmacy Association. NCPA does not guarantee the completeness of the article listings.

You agree that you are solely responsible for the content displayed on your site, including determination of suitability and non-infringement of intellectual property rights of others, as well as all technical issues. NCPA is not responsible for damage to your site, its reputation, or its security, related to the data feeds or the software supplied with the data feeds and it makes no warranty about the availability, quality, or appropriateness of the data. You accept all of the risk and responsibility for the use of the Feeds.

THE SERVICES ARE PROVIDED "AS IS" ON AN "AS AVAILABLE" BASIS, WITH NO WARRANTIES WHATSOEVER. TO THE FULLEST EXTENT PERMITTED BY LAW, NCPA EXPRESSLY DISCLAIMS ALL EXPRESS, IMPLIED AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. IF YOU ARE DISSATISFIED WITH THE FEEDS OR THIS AGREEMENT OR NCPA's TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE FEEDS.

Limitation of Liability

UNDER NO CIRCUMSTANCES SHALL NCPA BE HELD LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM USE, INABILITY TO USE, OR UNAUTHORIZED USE OF THE FEEDS. THIS LIMITATION OF LIABILITY SHALL APPLY TO PREVENT RECOVERY OF DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL AND EXEMPLARY DAMAGES (EVEN IF NCPA HAS BEEN PREVIOUSLY ALERTED TO THE POSSIBILITY OF SUCH DAMAGES) ARISING FROM USE OF THE FEEDS. These limitations shall apply notwithstanding any failure of essential purpose of any limited remedy. Because some jurisdictions do not allow certain limitations on implied warranties, some of the above limitations may not apply to you.

Indemnification

You agree to indemnify and hold NCPA, its directors, its officers, and its employees harmless from any claim, including attorneys' fees, made by any third party arising from your use of the Feeds, your violation of this Agreement, or your violation of any rights of another. You agree to cooperate fully in the defense of any claim. NCPA reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and you shall not in any event settle any matter without the written consent of NCPA.

Applicable Law

You agree that all legal issues related to your use of the Feeds will be governed by the laws of the Commonwealth of Virginia, without regard to conflicts of law provisions. With respect to any action or dispute relating to this Agreement, or the services offered hereunder, the parties hereby agree that any cause of action shall be initiated and maintained in the state or federal courts located in the Eastern District of Virginia, and hereby consent to jurisdiction and venue in such courts. If any provision of this Agreement is determined to be invalid or unenforceable, it shall have no effect on any other provision of this Agreement.

Violations of Licensing Agreement

If you violate this Agreement, the NCPA Terms of Use, or any other rights of NCPA, we reserve the right to pursue any and all legal remedy against you, including, but not limited to, terminating your access to NCPA and the Feeds. The failure of NCPA to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of that right or provision.

Miscellaneous

This Agreement and the NCPA Terms of Use constitute the entire agreement of the parties and supersede any prior agreements on this matter. In the event of a conflict between the Terms of Use and this Agreement, this Agreement controls. The user cannot assign this agreement. Any cause of action you may have with respect to the Feeds must be commenced within one (1) year after the claim or cause of action arises.

Contact Us

If you have questions about this Agreement, please send correspondence marked "Newsfeed License" to This e-mail address is being protected from spambots. You need JavaScript enabled to view it .

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