End User License Agreement

In short

The Academic Edition is free, and you may use it wherever your use does not generate revenue — studying, teaching, research, and a clinician's own reference use. Deploying it across a practice, or building it into something you charge for, needs a Professional license, which does not exist yet.

This summary is not the agreement and does not vary it. The sections below are.

This Agreement

This End User License Agreement is between you and Rxference Foundation (“we”, “us”), the publisher of the Rxference application (the “Software”).

You accept it by downloading, installing or using the Software. If you do not accept it, do not install or use the Software.

If you are accepting on behalf of an institution or employer, you confirm that you are authorised to bind them, and “you” means that organisation.

The License We Grant

We grant you a personal, non-exclusive, non-transferable, revocable, royalty-free license to install and use the Academic Edition of the Software for the Permitted Use described below.

The Academic Edition is free of charge. Registering for an academic license does not change what you may do with the Software; it records who is using it and under what affiliation, and it issues a license file that the application displays.

This is a license, not a sale. We keep every right we do not grant here expressly.

Permitted Use

You may use the Academic Edition to learn from, teach with and research the material it contains. That means:

• study, coursework, revision and examination preparation
• teaching, curriculum development and academic supervision
• academic research, including research intended for publication
• familiarising yourself with a medicine away from the care of any particular patient.

This is the use the Software is built and labelled for. The Medical Disclaimer & Terms of Use sets out the intended use in full: academic reference material, for use in training and under supervision, and not a basis for a decision about an individual patient. The license you hold does not widen that, and this section does not.

Use That Requires a Professional License

You need a Professional license, which is not yet available, to use the Software in the course of caring for a patient, or to deploy it within an organisation. That includes:

• consulting the Software while assessing, prescribing for, dispensing to or otherwise treating a patient
• installing or administering it across a practice, clinic, hospital, pharmacy or other organisation
• including it, or output taken from it, in a product or service you charge for
• reselling, sublicensing, hosting or otherwise providing it to third parties.

This is not a limit on what the Software can do - nothing is withheld from the Academic Edition. It is a limit on what it is licensed and labelled for, and the two editions carry the same data and the same features.

Until Professional exists there is no license that permits use in patient care, and you should not use the Software that way. If you want to be told when there is one, join the waitlist on our site. If you are unsure which side of this line your use falls on, ask us before you rely on it - we would rather answer the question than enforce the clause.

What You May Not Do

You may not:

• sell, rent, sublicense, lend or distribute the Software, or make it available to anybody outside your own use
• remove, obscure or alter any notice, attribution, license text, disclaimer or citation the Software displays
• modify, adapt, translate or create derivative works of the Software
• reverse engineer, decompile or disassemble the Software, except to the extent that law expressly permits it despite this restriction
• circumvent, disable or interfere with the license verification, the update mechanism, or any limit the Software or our services apply
• use the Software or our services to build, train or populate a competing product or dataset
• use our name, logo or trade dress except to refer to the Software accurately.

You may make copies for your own backup, and you may install the Software on more than one machine that you personally use.

Ownership

We own the Software, including its interface, its structure, the selection and arrangement of the data it ships, and everything else in it that is capable of being owned. Your license does not transfer any of it.

Feedback you send us - a suggested correction, a bug report - we may use without restriction and without owing you anything for it. We do not want and do not ask for anything confidential in feedback, and you should not send patient information in it.

The Data, and Who Owns That

Most of the drug information the Software ships is a work of the United States federal government and is in the public domain: FDA labelling published through openFDA, and prescribing volumes published by the Centers for Medicare & Medicaid Services. Drug-name stems follow the published WHO and USAN conventions. Some entries, and the plain-English glosses, are our own editorial work and are marked as such in the application.

Our selection, arrangement and annotation of that material is ours, and this license does not give you rights to extract or reuse it as a dataset. The underlying public-domain sources remain freely available to you from their publishers, and we encourage you to go to them - the Software links to the source document behind every claim it makes for exactly that reason.

The Software is not endorsed, certified or reviewed by the FDA, by CMS, by the WHO, or by any regulator or professional body.

Registration, License Files and Revocation

If you register, we issue a signed license file recording your name, address, affiliation and the edition you hold. The application checks that signature on your own machine; it does not call us to verify a license, and it works offline.

Verification is deliberately soft. The application does not withhold features from an unregistered copy, and a license that has expired, been revoked or cannot be read does not stop the Software running. That is a design choice about not failing a clinician mid-lookup, and it is not a waiver: your right to use the Software still depends on this Agreement, whatever the application permits.

We may revoke a license issued in error, obtained by misrepresentation, or held by somebody using the Software outside the Permitted Use.

Updates

The Software checks for updates by fetching a small signed file from our website, about once a day and whenever you ask it to. That is a network request, and it is the only one the Software makes on its own. No information about you, your searches or your use is sent with it.

It will also offer, once, to download the openFDA drug database - about 16 MB - because that dataset is too large to ship inside the application. That download happens only if you ask for it, is checked against a signature and a checksum before it is used, and sends nothing about you either. Declining costs you the larger drug list and nothing else.

Every update, however it arrives, must verify against a signing key built into your copy and must match the checksum that signed file states. A download that fails either check is deleted and nothing is installed. That is true without exception.

Two kinds of update, treated differently. A security fix or a small correction - a patch release, meaning only the third part of the version number changes - may install without asking you. It is never applied to the running program: the new version is put in place and takes effect the next time you open the Software, so nothing closes or restarts while you are using it. Anything that adds or changes a feature, and every major release, is offered to you with a description of what changed, and installs only if you choose to install it.

That distinction is enforced by your own copy of the Software, not only by us: it will not install an update quietly unless the version number shows a patch-level change, whatever the signed file asks for.

You can turn quiet installation off. Under the settings menu, "Install security patches quietly" controls it; with it off, security fixes are offered to you like anything else. Whether it is on or off, any patch that installed quietly is recorded and shown on the About page, so you can always see which version you have and how you got it.

We are not obliged to provide updates, support or any particular version, and we may change or discontinue the Software.

Medical Disclaimer

The Medical Disclaimer & Terms of Use forms part of this Agreement and is incorporated into it by reference. It is shown in the application under “Disclaimer” and published on our website, and it governs what the information in the Software may and may not be relied on for.

It is not repeated here so that it exists in one place and cannot come to say two different things. Read it. Where it and this Agreement address the same subject, it prevails on questions about the information and this Agreement prevails on questions about the Software.

No Warranty

THE SOFTWARE IS PROVIDED “AS IS” AND “AS AVAILABLE”, WITHOUT WARRANTY OF ANY KIND. To the fullest extent the law allows, we disclaim all warranties, express or implied, including merchantability, fitness for a particular purpose, non-infringement, accuracy and completeness.

In particular, and without limiting the above: we do not warrant that the drug information is complete, current or free of error, that interactions absent from the Software do not exist, or that the Software will be uninterrupted or error-free. The interaction data is curated and cited, not exhaustive, and labelling changes after any release we ship.

Some jurisdictions do not allow the exclusion of certain warranties. Where that is so, this section applies as far as that law permits and no further.

Limitation of Liability

To the fullest extent the law allows, our total liability arising out of or relating to the Software or this Agreement will not exceed the greater of (a) the amounts you paid us for the Software in the twelve months before the claim arose, or (b) one hundred United States dollars (US$100).

We are not liable for indirect, incidental, special, consequential or punitive damages, or for lost profits, lost data or business interruption, however caused and on any theory of liability.

These limits do not apply to liability that cannot be limited or excluded by law. Depending on where you are, that may include liability for death or personal injury, for gross negligence, for wilful misconduct, or for fraud. Nothing in this Agreement is intended to limit any such liability, and nothing in it should be read as an attempt to do so.

These limits also do not affect any right you have that cannot be waived under the consumer law of your jurisdiction.

Term and Termination

This Agreement applies for as long as you have the Software installed. You may end it at any time by uninstalling the Software and deleting your copies.

We may end it if you breach it - in particular by using the Academic Edition for use that requires a Professional license - and we will normally tell you first and give you a reasonable chance to put it right, unless the breach is one where that would be pointless.

On termination you must stop using the Software and delete it. The sections on ownership, warranties, liability and governing law survive.

Privacy

The Software stores its settings, your license file and your quiz progress on your own machine and sends none of it anywhere. It has no analytics and no telemetry.

Three things can leave your machine, all described above: the daily update check, which sends nothing about you; the openFDA database download, only if you ask for it, which sends nothing about you either; and feedback, only when you write it and press send. Our website counts page views without cookies and without identifying visitors; the privacy section of our About page describes exactly what is counted.

Do not send patient information to us in feedback or in any other message. We do not want it, we have no lawful basis to hold it, and we will delete it if we receive it.

Compliance

You are responsible for using the Software in accordance with the law and the professional rules that apply to you, including any rule of your employer, institution, regulator or licensing body about what tools you may use and what you may rely on.

You confirm that you are not barred from receiving the Software under the export control or sanctions law that applies to you.

Governing Law and Venue

This Agreement is governed by the laws of the State of Delaware, United States of America, without regard to its conflict-of-laws rules. The United Nations Convention on Contracts for the International Sale of Goods does not apply.

The state and federal courts located in Delaware have exclusive jurisdiction over any dispute arising out of or relating to this Agreement, and you consent to their jurisdiction and venue.

If the mandatory law of the country where you live gives you the right to bring proceedings in your own courts, or entitles you to the protection of your own consumer law, this section does not take that away.

The Rest

This Agreement, together with the Medical Disclaimer & Terms of Use it incorporates, is the entire agreement between us about the Software, and it replaces anything said or written before it.

If any part of it is held unenforceable, that part is limited or cut to the minimum extent necessary and the rest continues to apply. If we do not enforce a term straight away, we have not given it up.

You may not assign this Agreement. We may assign it in connection with a merger, acquisition or sale of the business.

We may change this Agreement. When we change it in substance we increase its version, and the application asks you to accept the new wording rather than treating your acceptance of the old wording as covering it. If you do not accept a new version, you may continue to use the version of the Software you already hold under the terms you accepted, or uninstall it.

Contact

Rxference Foundation

Questions about this Agreement, about whether your use needs a Professional license, or about anything else in it: use the contact route on rxference.ai. Ask before you deploy rather than after - a question costs us nothing to answer.