End User License Agreement

END-USER LICENSE AGREEMENT

This End-User License Agreement is an agreement between you and National Comprehensive Cancer Network, Inc. (“NCCN”) for access to and use of content and programs that are provided to you on this website (“NCCN Site”) including without limitation the NCCN Clinical Practice Guidelines in Oncology (“NCCN Guidelines^®”), NCCN Guidelines for Patients^®, the NCCN Drugs & Biologics Compendium, NCCN Biomarkers Compendium^®, NCCN Radiation Therapy Compendium (“NCCN Compendia™”), NCCN Imaging AUC Compendium (“NCCN Imaging AUC™”), NCCN Chemotherapy Order Templates (“NCCN Templates^®”), NCCN Guidelines with NCCN Evidence Blocks (“NCCN Evidence Blocks™”), NCCN Framework for Resource Stratification of NCCN Guidelines (“NCCN Framework™”), NCCN Harmonized Guidelines™, NCCN Flash Updates™, NCCN Trends Surveys and Data (“NCCN Trends™”), the NCCN Informed Consent Language Database (“NCCN ICL Database”), the NCCN Points to Consider on the Best Practices for Biorepositories, Registries and Databases™, and NCCN Shared Resources™ (The NCCN Guidelines^®, NCCN Guidelines for Patients^®, NCCN Compendia™, NCCN Templates^®, NCCN Flash Updates™, NCCN Trends™, NCCN Evidence Blocks™, NCCN Framework™, NCCN Harmonized Guidelines™, and other content and programs provided by NCCN are referred to collectively as the “NCCN Content”).

BY CLICKING ON AN “ACCEPT” BUTTON PROVIDED ON THE NCCN SITE, BY ACCESSING OR USING ANY NCCN CONTENT, OR BY OTHERWISE INDICATING YOUR ASSENT, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS END-USER LICENSE AGREEMENT. IF YOU DO NOT AGREE WITH THE TERMS OF THIS END-USER LICENSE AGREEMENT, YOU MAY NOT VIEW, ACCESS, OR USE THE NCCN CONTENT ON THE NCCN SITE IN ANY MANNER.

1. Grant of Limited License.

Subject to the terms and conditions of this End-User License Agreement, NCCN hereby grants to you a non-transferable, non-sublicensable, non-exclusive, limited, personal license to access and view the NCCN Content provided on the NCCN Site solely on an internal, lawful, non-commercial basis and solely for your own educational or informational purposes.

2. Intellectual Property Rights.

You acknowledge that NCCN and licensors that provide content and programs for the NCCN Content (“NCCN Licensors”) are the owners of all right, title and interest in and to the NCCN Content including, without limitation, all modifications, updates, enhancements, embodiments, and derivative works thereof and all copyright and other intellectual property rights related thereto. Except for the limited rights expressly set forth in this End-User License Agreement, you hereby agree that you shall not at any time dispute, challenge, or contest, directly or indirectly, NCCN's or the NCCN Licensors’ right, title and interest in and to the NCCN Content, or assist or aid others to do so.

3. Restrictions on Use.

A) General

Except as otherwise separately and specifically agreed in writing by NCCN, you shall not (a) copy, transfer, distribute, make available, reproduce, scrape, digest, process, modify or create derivative works of any part of the NCCN Content, (b) use NCCN Content as an input to, or in connection with any development, testing, training, exploitation or support of, any artificial intelligence (AI) software or other model, algorithm or technology, or (c) use NCCN Content for any commercial purpose or on behalf of any third party.

B) Not Medical Advice

The NCCN Content is provided for education and informational purposes only. The NCCN Content does not constitute medical advice and should not be used in place of seeking professional medical advice, diagnosis or treatment by licensed practitioners. NCCN EXPLICITLY DISCLAIMS THE APPROPRIATENESS OR APPLICABILITY OF THE NCCN CONTENT OR THE USE OR APPLICATION OF THE NCCN CONTENT TO ANY SPECIFIC PATIENT'S CARE OR TREATMENT.

C) Clinical Use

Subject to the terms of this End-User License Agreement, clinicians may access and view the NCCN Content to support diagnosis and treatment of their patients with cancer. Any clinician reviewing the NCCN Content for such support is expected to use independent medical or professional judgment within the scope of their professional license in the context of the individual clinical circumstances to determine any patient's care or treatment. No one, including clinicians, may use the NCCN Content under the terms of this End-User License Agreement for any commercial purpose or claim, represent, or imply that any NCCN Content that has been used in any manner (except as authorized hereunder) or has been modified in any manner is derived from, based on, related to or arises out of the NCCN Content.

D) NCCN ICL Database

Researchers and clinicians may use the NCCN ICL Database to support writing and amending informed consents for their study participants, provided such use is in compliance with legal requirements, including but not limited to the legal requirements in Section 11(E) of this End-User License Agreement. NCCN and NCCN Licensors make no representations or warranties regarding the content of the NCCN ICL Database and explicitly disclaim the appropriateness or applicability of the NCCN ICL Database to any specific patient’s care or treatment or to obtaining patients’ written, informed consent. Any researcher or clinician seeking to obtain a patient’s written, informed consent is expected to use independent medical judgment in the context of individual clinical circumstances of a specific patient’s care or treatment and to seek legal and/or other professional advice.

E) Notices

You shall not remove any copyright, trademark or other notices or legends contained on the NCCN Content and all copies of the NCCN Content must contain, at a minimum, the following notice: “Copyright© National Comprehensive Cancer Network, Inc., 2024, All Rights Reserved. NATIONAL COMPREHENSIVE CANCER NETWORK®, NCCN®, NCCN GUIDELINES®, NCCN COMPENDIUM®, NCCN IMAGING AUC™, NCCN TEMPLATES® and NCCN GUIDELINES FOR PATIENTS® are trademarks of National Comprehensive Cancer Network, Inc.”

F) Review of Use

Upon NCCN's request, you shall provide NCCN with examples of each use you have made of the NCCN Content under this End-User License Agreement. You agree to immediately cease any such use on receipt of notice from NCCN that such use is in violation of this End-User License Agreement or is otherwise unacceptable to NCCN.

4. Restrictions; Disclaimers; Limitation of Damages.

A) General

The NCCN Guidelines^® are a statement of consensus of the authors regarding their views of currently accepted approaches to cancer treatment. The NCCN Guidelines for Patients^® are derived from the NCCN Guidelines^®.

The recommendations regarding the uses and indications in the NCCN Compendia™ have been derived from the NCCN Guidelines^® and represent neither an all-inclusive listing of every drug, biologic, radiation therapy, biomarker or biomarker test, nor every appropriate use and indication for drugs, biologics, radiation therapy, biomarkers or biomarker tests.

The NCCN Templates^® are peer-reviewed statements of consensus of their authors derived from the NCCN Guidelines^® for the conditions the NCCN Templates^® address and are not exhaustive and do not represent the full spectrum of care or treatment options described in the NCCN Guidelines^® or the NCCN Compendia™. NCCN Templates^® might not be promptly updated and do not constitute orders.

The NCCN Imaging AUC™ is derived from the NCCN Guidelines^® and define appropriate use criteria for certain imaging services.

The NCCN Evidence Blocks™ are derived from the NCCN Guidelines^® and are intended as a visual representation of five key measures that provide information about specific recommendations contained within the NCCN Guidelines^®.

The NCCN Framework™ is derived from the NCCN Guidelines^® and define appropriate treatment pathways at four resource levels: Basic, Limited, Enhanced, and NCCN Guidelines^®.

The NCCN Harmonized Guidelines™ are derived from the NCCN Guidelines^® and offer two or more tiers of treatment recommendations depending on access to resources.

NCCN Trends™ and NCCN Oncology Insight Reports™ provide data and analytics based on e-mail surveys to clinicians who utilize the NCCN Site and provide commentary regarding cancer care. These publications, which are independent of the NCCN Guidelines^®, are not exhaustive and do not constitute clinical recommendations.

The NCCN ICL Database™ is a resource to assist researchers and clinicians with writing and amending informed consents for study participants. The NCCN ICL Database, which is independent of the NCCN Guidelines^®, is not exhaustive, might not be promptly updated and is not a substitute for IRB, medical, legal and/or other professional review and advice.

The NCCN Points to Consider on the Best Practices for Biorepositories, Registries and Databases™ is designed to serve as a tool and resource for research investigators who plan to design, implement, and manage a research study which intends to deposit, transfer, and/or access specimens or data in a biorepository, registry or database.

NCCN Shared Resources™ are solely available to NCCN Member Institutions to enable them to share resources collectively as a means to make available to scientists and investigators resources that will improve the ability to conduct research and thereby facilitate scientific progress.

NCCN continuing education programs provide information about NCCN Content and expert approaches to cancer care. Information provided through NCCN continuing education programs do not constitute medical or treatment advice.

B) Updates

The NCCN Content is updated at NCCN’s discretion to reflect updates and changes by the authors. NCCN Flash Updates™, which are issued from time to time, provide information regarding certain updated and new NCCN Content and might not include every update and addition to NCCN Content. NCCN will make reasonable efforts to post updated versions of the NCCN Content on the NCCN Site, provided that NCCN and its licensors have no obligation to advise you of any updates nor do NCCN and its licensors have any obligation to update the NCCN Content at any time for any reason.

C) WARRANTY DISCLAIMER

NCCN AND NCCN LICENSORS MAKE NO WARRANTIES CONCERNING THE NCCN CONTENT, WHICH IS PROVIDED “AS IS.” NCCN AND NCCN LICENSORS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. NCCN AND NCCN LICENSORS DO NOT WARRANT THE ACCURACY, CURRENTNESS, APPROPRIATENESS, APPLICABILITY OR COMPLETENESS OF THE NCCN CONTENT, NOR OF ANY PARTICULAR GUIDELINE, TEMPLATE, OR CONTINUING EDUCATION PROGRAM, OR MAKE ANY REPRESENTATION REGARDING THE USE OR THE RESULTS OF THE USE OF THE NCCN CONTENT IN TREATMENT.

D) LIABILITY LIMITATION

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL NCCN, NCCN MEMBER INSTITUTIONS OR NCCN LICENSORS BE LIABLE FOR ANY DAMAGES OF ANY KIND INCLUDING DIRECT, INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE LICENSE GRANTED UNDER THIS END-USER AGREEMENT OR USE OF THE NCCN CONTENT INCLUDING, WITHOUT LIMITATION, LOSS OF LIFE, PHYSICAL INJURY, PROPERTY DAMAGE, LOSS OF DATA, LOSS OF INCOME OR PROFIT, OR ANY OTHER DAMAGES, LOSSES OR CLAIMS, EVEN IF NCCN, NCCN MEMBER INSTITUTIONS OR NCCN LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, LOSSES OR CLAIMS.

5. Trademarks.

You recognize that NCCN is the owner of an international portfolio of trademarks, service marks logos and other insignia including without limitation NATIONAL COMPREHENSIVE CANCER NETWORK®, NCCN®, NCCN GUIDELINES®, NCCN COMPENDIUM®, NCCN IMAGING AUC™, NCCN TEMPLATES®, NCCN EVIDENCE BLOCKS™, NCCN FRAMEWORK™, NCCN FLASH UPDATES™, NCCN TRENDS™, and NCCN GUIDELINES FOR PATIENTS® (collectively the “NCCN Marks”). NCCN retains all goodwill and intellectual property rights in the NCCN Marks. You shall not use the NCCN Marks or any confusingly similar marks for any commercial 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 NCCN Marks shall require the independent written approval of NCCN.

6. Patents.

You recognize that NCCN is the owner of certain U.S. and foreign patents for the design of the NCCN Evidence Blocks™. See www.nccn.org/patents for current list of applicable patents. You shall not use the NCCN Evidence Blocks™ or any similar designs for displaying potential cancer treatments or related information for any commercial purpose, including, without limitation, for purposes of marketing or promoting your services, without the prior independent written approval of NCCN, which approval may be withheld in NCCN's sole discretion.

7. Registration.

To access the NCCN Content, you are required to register. You agree to provide NCCN with accurate, complete registration information and you must inform NCCN of any changes to that information before any subsequent access or use of the NCCN Content. Each registration is for a single person only. You shall not permit (a) any other person to use the NCCN Site under your name; or (b) multiple users of a network access through your name. You are responsible for preventing such unauthorized use. You are fully responsible for all acts and omissions through your account.

8. Modification of End-User License Agreement.

NCCN reserves the right to change the terms of this End-User License Agreement at any time. Updated versions of this End-User License Agreement will appear on this NCCN Site. Continued use of any updated version of the NCCN Content after any such changes constitutes your agreement to be bound by such changes.

9. Remedies for Violation.

NCCN reserves the right to seek all remedies available at law and in equity for violations of this End-User License Agreement, including but not limited to the right to block access to the NCCN Site and the NCCN Content.

10. Third Party Terms

A) General

Certain portions of the NCCN Content are used by permission from the NCCN Licensors, which include without limitation, NCCN Member Institutions. NCCN may provide links to other sites and applications maintained by third parties and may from time to time provide third-party materials. NCCN does not operate or control in any respect any information, products or services on these sites or applications. The third-party applications, sites and materials are provided "as is" and without warranties of any kind either express or implied.

B) NCI

The NCCN Content includes the NCI THESAURUS™ database from the National Cancer Institute. Your use of the NCI THESAURUS database and NCI THESAURUS ontology is subject to the NCI THESAURUS Terms of Use, a copy of which is available at: https://evs.nci.nih.gov/ftp1/NCI_Thesaurus/archive/deprecated_terms_of_use/June2006_Aug2018_ThesaurusTermsofUse.htm.

The current complete NCI THESAURUS database is available for download at: https://ncithesaurus.nci.nih.gov/ncitbrowser/.

THE NCI THESAURUS DATABASE IS PROVIDED "AS IS." ANY EXPRESS OR IMPLIED WARRANTIES ARE DISCLAIMED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

NCI THESAURUS™ is a registered trademark of the National Cancer Institute.

C) SNOMED

The NCCN Content includes SNOMED Clinical Terms® (SNOMED CT®) which is used with permission of the International Health Terminology Standards Development Organization (IHTSDO). All rights reserved. “SNOMED”, “SNOMED CT” and “SNOMED Clinical Terms” are registered trademarks of the IHTSDO (http://www.ihtsdo.org).

Information about obtaining an Affiliate License to use the SNOMED CT is available at http://www.ihtsdo.org/snomed-ct/get-snomed-ct. You may be eligible for a fee waiver, depending on your intended use. Individuals or organizations wishing to register as IHTSDO Affiliates can register at https://mlds.ihtsdotools.org, subject to acceptance of the Affiliate License Agreement (available at http://www.ihtsdo.org/snomed-ct/get-snomed-ct).

If you do not hold an IHTSDO Affiliate License, (a) you are only permitted to access SNOMED CT using the NCCN Content if you are in an IHTSDO member country, listed at http://www.ihtsdo.org/about-ihtsdo/member-countries, and solely for the purpose of exploring and evaluating the terminology; and (b) you are not permitted to translate, modify, distribute or share the SNOMED CT content or use it as part of a system that constitutes a SNOMED CT “Data Creation System” or “Data Analysis System”, as defined in the IHTSDO Affiliate License. This means that you must not use the NCCN Content to add or copy SNOMED CT identifiers into any type of record system, database or document.

11. General.

A) Entire Agreement

You agree that this End-User License Agreement contains the entire agreement between NCCN and you relating to its subject matter. If any provision of this End-User License Agreement is held to be invalid or unenforceable, such provision shall be enforced to the maximum extent permitted by applicable law and the validity and enforceability of the remaining provisions shall not be affected thereby. The failure to insist upon strict compliance with any of the provisions of this End-User License Agreement shall not be deemed a waiver of any such provision, nor shall any waiver of any right hereunder be deemed a waiver of such right at any other time.

B) Applicable Law

This End-User 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 End-User License Agreement will not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded.

C) Independent Entities

The parties to this End-User License Agreement are independent entities, and no agency, partnership, franchise, joint venture, or employment relationship is intended or created by this End-User License Agreement.

D) Notice and Assignment

Any notices to you may be sent by email to the email address associated with your account or may be posted on the NCCN Site, and any such notices shall be effective when delivered in accordance with the foregoing. This End-User License Agreement shall not be assigned or transferred by you without NCCN’s prior written consent, and any purported assignment or transfer in violation of the foregoing shall be void.

E) Export Controls and Sanctions

You agree that the NCCN Content will not be shipped, transferred or exported into any country or region, accessed from any country or region, or otherwise used by any person or in any manner that is prohibited by U.S. export control laws, regulations or restrictions, including but not limited to the Export Control Reform Act of 2018 and the Export Administration Regulations, United States Export Administration Act, or any other applicable export laws, regulations or restrictions.

You agree that you will comply with, and have all procedures reasonably necessary to comply with, all applicable sanctions, anti-corruption, money laundering and related laws and regulations (collectively, “Sanctions”), including but not limited to the sanctions regulations administered by the U.S. Department of Treasury’s Office of Foreign Assets Control. Failure to satisfy the foregoing conditions related to export controls and Sanctions may result in civil liability or may be a crime. You agree that NCCN can take all actions required to ensure compliance with applicable export controls and Sanctions, including notification to the proper government authorities of any export control or Sanctions violations arising in relation to this End-User License Agreement.

IF YOU OR YOUR ORGANIZATION IS INTERESTED IN COPYING, DISTRIBUTING, LICENSING OR OTHERWISE USING NCCN CONTENT IN ANY MANNER EXCEPT AS PERMITTED UNDER THIS END-USER LICENSE AGREEMENT, INCLUDING ANY AND ALL COMMERCIAL USES AND/OR IF YOU HAVE ANY QUESTIONS REGARDING PERMISSION TO USE NCCN CONTENT, PLEASE VISIT THE NCCN PERMISSIONS REQUEST SITE AT http://www.nccn.org/about/permissions OR CONTACT BETH GAFFNEY, VICE PRESIDENT, U.S. AND GLOBAL BUSINESS DEVELOPMENT, AT gaffney@nccn.org.