Terms of use

These Terms of Use govern the access and use of Clinical Information released by Health Canada for non-commercial purposes. By clicking the button “I agree” and accepting these Terms of Use and upon being granted access to the Clinical Information, you, and, if applicable, the organization on behalf of which you are accessing the Clinical Information, are expressly agreeing to be bound by these Terms of Use.

IT IS IMPORTANT TO READ THESE TERMS OF USE CAREFULLY

1. Definitions

"Clinical Information" means the information obtained from this site.

"Manufacturer" means the person or business issued a Drug Identification Number (DIN) or a medical device licence in respective of which the Clinical Information pertains.

"Re-identification" is the practice of matching anonymous data with other information to discover the individual to which the data relates.

"You" means you personally and, as applicable, if you are accessing and using the information on behalf of your employer, that employer, and its affiliates.

2. Representations and Warranties

You represent and warrant:

  1. that if you are accessing Clinical Information on behalf of your employer, that you have the full legal authority to bind your employer.
  2. that your access to Clinical Information is solely for non-commercial purposes.

3. Use of Clinical Information

  1. 3.1 You acknowledge that Clinical Information may be protected by copyright or other intellectual property rights of the Manufacturer or a third party. The permission granted through this site does not grant any intellectual property or other commercial rights in relation to Clinical Information other than as expressly set out herein.

  2. 3.2 Permission is hereby granted to you to download, save, print and share or otherwise use, reproduce or communicate Clinical Information for non-commercial purposes, which without limiting the foregoing, expressly excludes the use of the information to support a marketing authorization application anywhere in the world or the selling or trading of the information to another person.

  3. 3.3 If you notice any inadvertent disclosure of personal information in the Clinical Information obtained from this site, report this occurrence immediately to Health Canada. Clinical Information may not be used to identify trial subjects or other individuals through re-identification or to publish any personal information resulting from re-identification. If you know information is available that in combination with Clinical Information could reasonably be expected to lead to re-identification, immediately report this information to Health Canada.

  4. 3.4 You agree not to provide any copy of Clinical Information to any other entity or person without an undertaking to the benefit of Health Canada that the other entity or person will use the information solely for non-commercial purposes and otherwise in accordance with these Terms of Use.

  5. 3.5 When reproducing Clinical Information, you agree to not misrepresent the source of the Clinical Information and to acknowledge that the source of the information is the Manufacturer and not use the information in a way that suggests that the Manufacturer endorses your use of the Clinical Information for any other purpose other than non-commercial purposes.

  6. 3.6 You agree to notify Health Canada of any possible unauthorized uses of Clinical Information.

  7. 3.7 Health Canada reserves the right to revoke access and/or any permission hereby granted from any person who breaches these Terms of Use or who provides false or misleading information in association with any request for Clinical Information.

4. Amendments

  1. 4.1 Health Canada reserves the right to modify these Terms of Use at any time without advanced notice. Such modification(s) shall be effective immediately upon notice of the change or on such other date as it may be specified in the notice.

  2. 4.2 Your acceptance of the modified Terms of Use will indicate your agreement to the modifications which will extend to your use, after the date of acceptance, of Clinical Information previously accessed, downloaded, saved or printed by you.

5. Limitation of liability and Indemnification

  1. 5.1 Health Canada accepts no liability for your compliance with these Terms of Use or otherwise arising in any manner whatsoever from your acts, omission or conduct in the use of Clinical Information.

  2. 5.2 You agree to indemnify and hold harmless Health Canada, Her Majesty the Queen in Right of Canada, her assigns and successors, officers, employees, or agents, from and against all claims, actions, injury, losses, expenses, damages, and costs, including reasonable attorney’s fees, resulting from any violation of these Terms of Use or other proceeding arising in any manner whatsoever from your acts, omission or conduct in the use of Clinical Information.

6. Disclaimer

Without prejudice to any of the obligations of the Manufacturer under the laws of Canada, Clinical Information is provided on an “AS IS” and “AS AVAILABLE” basis. By accessing and using Clinical Information, you agree that said access and use is entirely at your own risk. Health Canada excludes all representations, warranties, obligations and liabilities in relation to Clinical Information as made accessible to you to the maximum extent permitted by law. Neither Health Canada nor the Manufacturer are liable for any errors or omissions in Clinical Information as made accessible to you and shall not be liable for any loss, injury or damage of any kind caused by its use.

7. Severability

If any provision of these Terms of Use is declared by an arbitrator or a court of competent jurisdiction to be invalid, illegal or unenforceable, such provision shall be severed from these Terms of Use and all other terms shall remain in full force and effect.

8. Governing Laws and Jurisdiction

All matters relating to your access to, or use of, the Clinical Information shall be governed by the laws of the Province of Ontario, exclusive of its rules of private international law, and the laws of Canada applicable therein. The exclusive jurisdiction and venue with respect to any action or suit arising out of or in connection with these Terms of Use or their subject matter or formation (including non-contractual disputes or claims) shall be the courts of competent jurisdiction located in the Province of Ontario, except that if you or another party to the dispute reside outside of Canada, Health Canada may elect, at its sole discretion, that the courts located in the jurisdiction where you or such other party resides will have jurisdiction.

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