Your access and use of the Omniview website, including any text, images or software,
is limited to business purposes that are within the scope of the engagement between
you and Omnicare. You may copy, reproduce, republish, upload, post, transmit and
distribute material from the Omniview Website only to the extent that you have been
granted such access, and then only if you (a) keep intact all confidential and other
proprietary notices on the material and (b) observe all restrictions connected to
such material, including the non-disclosure of any confidential documents to any
unauthorized third party.
Ownership and Control.
You do not, by virtue of having access to the materials on the Omniview Website,
obtain title to, or any other ownership interest in, that material. Omnicare
retains all rights to the full and complete control of the material. Use of the
materials for any purpose other than as specifically authorized is a violation of
this agreement and may be grounds for your loss of access to the site.
Compliance with Laws.
You must comply with all applicable laws in connection with your use of the Omniview
Website, including your publishing, accessing and transmitting data.
You must observe all security features on the Omniview Website and may not disable or
bypass any security features or devices. You must hold your passwords in confidence
and must not permit anyone to use your Omniview Website account other than your
directors, officers and employees. You may not use the Omniview Website to gain
unauthorized access to other computers or other computer networks for malicious or
destructive purposes (such as the development or transmission or computer viruses).
You are responsible for all usage or activity on your Omniview Website account,
whether or not authorized by you.
You understand that you may have access to certain business, financial and patient
information and materials that are confidential and are not otherwise publicly
available, and that is of substantial value ("Confidential Information"), which
value would be impaired if such Confidential Information were disclosed without
authorization to third parties. You will not, without prior written authorization,
use in any way nor disclose to any third party any such Confidential Information.
You will take reasonable precautions to protect the confidentiality of such
Certain Reserved Rights.
Omnicare, in its sole discretion, reserves the right:
a) to monitor, review and use all communications and other use of the Omniview Website,
together with information relating to such communications and use, such as
identification of sources and recipients of information, usage frequency and content
of transmissions; and
b) to change, suspend or discontinue any aspect of the Omniview Website at any time,
including the availability of any feature, database, or content, and to impose limits
on certain features and services or restrict your access to parts or all of the
Omniview Website without prior notice or incurring liability.
ACCESS TO THE MATERIALS ON THE OMNIVIEW WEBSITE IS PROVIDED "AS IS" AND WITHOUT
WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE
PURSUANT TO APPLICABLE LAW, OMNICARE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED,
INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR
A PARTICULAR PURPOSE. OMNICARE DOES NOT WARRANT (A) THAT ACCESS TO THE MATERIALS ON
THIS SITE WILL BE UNINTERRUPTED OR ERROR-FREE, (B) THAT DEFECTS WILL BE CORRECTED,
OR (C) THAT THIS SITE, OR THE SERVER THAT MAKES IT AVAILABLE, ARE FREE OF VIRUSES
OR OTHER HARMFUL COMPONENTS. EXCEPT AS OTHERWISE PROVIDED BY LAW, OMNICARE DOES NOT
WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF
THE MATERIALS IN THIS SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, TIMELINESS,
RELIABILITY OR OTHERWISE.
NO CONSEQUENTIAL DAMAGES.
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, WILL OMNICARE,
ITS EMPLOYEES, PARTNERS OR AFFILIATED PERSONS BE LIABLE FOR ANY DIRECT, INDIRECT,
INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM YOUR USE OF, OR INABILITY
TO USE, THE OMNIVIEW WEBSITE. IF YOU ARE DISSATISFIED WITH YOUR ACCESS TO THE MATERIALS
ON THE OMNIVIEW WEBSITE, OR WITH ANY OF OMNICARE'S TERMS AND CONDITIONS, YOUR SOLE AND
EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE OMNIVIEW WEBSITE.
Omnicare may change the terms in this Agreement by notifying you of such change and the
effective date of such change. If you do not agree to be bound by the changes, you must
discontinue using the Omniview Website. You agree to be bound by any change to the terms
of this Agreement if you use the Omniview Website on or after the effective date of the
change. You may not assign your rights or obligations under this Agreement to anyone.
If any provision in this Agreement is found to be invalid or unenforceable under applicable
law, the remaining provisions will continue in full force and effect. This Agreement,
your rights and obligations, and all actions contemplated by this Agreement will be
governed by and construed in accordance with the laws of the State of Ohio, without
giving effect to any principles of conflicts of law.