PPA - SYSTEMS

PCDD TEMPORARY TERMS AND CONDITIONS 

This document sets out the "temporary" terms and conditions under which the Prescription Pricing Authority (the "PPA") agrees to provide you with temporary access on an "as-is" basis to the primary care drug dictionary developed by the PPA in respect of all drugs and appliances that are available on prescription under the National Health Service (the "Primary Care Drug Dictionary" or "PCDD"). As and when the PPA publish the "full" terms and conditions by which it shall permit third parties to have access to the PCDD, these "temporary" terms and conditions shall be superseded by those full terms and conditions. It is expected that the full terms and conditions shall be published in January 2003. 

1. USE OF THE SERVICE
  i. At your  emailed request, we will provide a single user ID and password for your organisation for access to PCDD which can be used by your authorised employees (each such person being an "Authorized User")

2. YOUR RESPONSIBILITIES
  i. You are entirely responsible for ensuring that your Authorized Users comply with this agreement. 
 ii. You must notify us immediately if you become aware of any unauthorised use of a user ID or password issued to an Authorized User or any other breach of security relating to the PCDD.
iii. You are responsible for ensuring that Authorised Users cease using the user ID and password if that individual (a) no longer requires access to the PCDD as a result of their being re-assigned within your organisation, or (b) ceases to be your employee as a result of their resignation, termination or other departure from your organisation.  

3. RESPONSIBILITIES OF AUTHORIZED USERS
  i. Each Authorized User must keep the user ID and password confidential and must ensure that they are not disclosed to any unauthorised  person.
 ii. Each Authorized User may only use the user ID and password for so long as they remain an employee of your organisation so authorised to access the PCDD; the use by an Authorized User of the user ID or password in other circumstances is prohibited.   

4. AVAILABILITY AND ACCESS TO THE SERVICE 
  i. We will provide access to the PCDD via the Internet.  The url will be:  https:www.ppa.org.uk/pcddextract/protected/  Access will be provided on a temporary basis, until end of January 2003 at which point the PPA will re-issue the contractual arrangements for the use of PCDD. 
 ii. We will endeavour to ensure that the PCDD is provided without interruption.
iii. We are not responsible for the access to and links from the PCDD and you should ensure that you have software and hardware that are capable of accessing the PCDD effectively via your internet service provider.  You are advised to use appropriate anti virus software. 

5. INTELLECTUAL PROPERTY 
  i. The PPA reserves all Intellectual Property Rights in the PCDD.  "Intellectual Property Rights" means patents, trade marks, service marks, design rights (whether registrable or otherwise), applications for any of the foregoing, copyright, database rights, trade or business names and other similar rights or obligations whether registrable or not, in any country. 
 ii. The PPA grants a personal, non-exclusive, royalty-free, licence for your Authorized Users to use the PCDD for internal purposes only.  You may not publish or re-utilize the PCDD in any way.

6. LIABILITY PROVISIONS
  i. The provisions set out below apply to our liability in relation to your use of the PCDD.
 ii. We accept no liability for suspension, interruption, temporary unavailability, loss of data or faults occurring in the PCDD. 
iii. Subject to clause 6.4 below, the PCDD is provided on an "as is" and "as available" basis, and we expressly disclaim all terms, conditions, warranties and representations expressed or implied by statute, common law or otherwise.  Use of the service is at your own risk.  Subject to paragraph 6.4 below the PPA will not be liable for any direct, indirect, incidental, consequential (including, without limitation, goodwill or any additional expenses incurred or rendered nugatory) damages, loss of savings, loss of profit, or any other damages whatsoever, whether in an action for breach of contract or statute, or in tort (including, without limitation, negligence), equity or otherwise, relating to the use of the PCDD. 
 iv. Nothing in these terms shall operate to exclude or restrict our liability for death or personal injury resulting from negligence, fraud, or where such exclusion or restriction would not be permitted by law. 

7 TERMINATION 
  i. If you or any Authorized User breach any of the terms of this agreement, we may terminate access to the PCDD immediately without notice.
 ii. Termination of this agreement shall be without prejudice to the right to enforce any right that arose prior to termination. 
iii. This Clause and Clause 6 shall remain in effect even though the agreement has been terminated.

8 GENERAL 
  i. You may not assign, novate, transfer or otherwise dispose of your rights under this agreement.
 ii. This agreement constitutes the entire agreement and supersedes any previous agreements between us relating to your access to the PCDD.  You agree that you have not been induced to enter into this agreement by any pre-contractual representations and hereby waive any remedy in relation to such representation.  Nothing in this Clause 8.1 excludes liability for any fraudulent pre-contractual representations.
iii. If any of the terms set out above is found to be unenforceable, the remainder of the terms shall continue to apply. 
 iv. No person other than a party to this agreement may enforce this agreement by virtue of the Contracts (Rights of Third Parties) Act 1999 ("the Act").
  v. These terms and conditions shall be construed in accordance with the Laws of England and you agree to submit to the exclusive jurisdiction of the English Courts.